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09-26-2017 Agenda with backup MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL SEPTEMBER 26, 2017 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 09-26-2017-Council Agenda Policy Values Safe Community Essential Services High Quality of Life Attractive Community Economic Prosperity Fiscally Sustainable AGENDA TUESDAY, SEPTEMBER 26, 2017 AT 6:00 P.M. Call to Order – Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Larson) Presentations • Proclamation recognizing Manufacturing Day (Mayor Carpenter/J. Kolbe) • Presentation and update regarding the upcoming October 3, 2017 National Night Out event. (D. Wait/M. Hansen/H. Lafitte) City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to 09-26-2017 City Council Agenda Page - 2 - an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Workshop • Discussion and update regarding the City of Schertz 3rd Quarterly Financial Statement. (B. James/J. Walters) • Discussion and possible action regarding the City Charter, City Council’s Rules of Conduct and Procedure and Ethics Ordinance. (As requested at the September 5, 2017 City Council meeting) Consent Agenda Items The Consent Agenda is considered self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes – Approval of the minutes of the Regular Meeting of September 12, 2017. (J. Kessel/B. Dennis) 2. Ordinance 17-T-36 – Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing a budget amendment to fund state deployment costs, to establish a trail grant project, and to transfer budget amounts between departments; repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. Final Reading (B. James/J. Walters) 3. Boards, Commissions and Committee Member Resignation– Consideration and/or action accepting the resignation of Mr. Christian Glombik from the Planning and Zoning Commission. (Mayor/Council/B. Dennis) 4. Resolution No. 17-R-83 - Consideration and/or action approving a Resolution authorizing 3rd quarter EMS, Utility Billing and Schertz Magazine Revenue Adjustments. (B. James/J. Walters/J. Mabbitt, L. Klepper) 5. Resolution No. 17-R-86 – Consideration and/or action approving a Resolution re- appointing Steve White to the Board of Directors Place D4 of the Cibolo Valley Local Government Corporation. (D. Wait) Discussion Items 6. Minutes – Approval of the amended minutes of the Regular Meeting of September 5, 2017. (J. Kessel/B. Dennis) (Item requested by Councilmember Crawford) 7. Resolution No. 17-R-84 – Consideration and/or action approving a Resolution authorizing an amendment to the Professional Services Agreement with Freese and Nichols, Inc., related to the thoroughfare plan update and roadway impact fee study. (B. James/K. Woodlee) 09-26-2017 City Council Agenda Page - 3 - 8. Resolution No. 17-R-85 – Consideration and/or action approving a Resolution authorizing a fourth agreement regarding sewer facilities with Schertz-Cibolo-Universal City Independent School District, Croton Properties, LLC and Fred Development, LLC (B. James) 9. Ordinance No. 17-K-37 – Consideration and/or action approving an Ordinance releasing and terminating a drainage easement on Lots 1-5, Block 3 and Lots 1-7 Block 2 of the Mesa Oaks Subdivision. First Reading (B. James/L. Wood/B. Cox) 10. Ordinance No. 17-D-38- Consideration and/or action approving an Ordinance amending the City of Schertz Code of Ordinances Section 86-115 Maximum limits generally on specific streets by imposing a temporary construction speed zone from IH 35 frontage roads from MP 1.441 which is approximately 580’ southwest of FM 1103, northeasterly to MP 1.668 which is approximately 618’ northeast of FM 1103, for a distance of 0.227 miles approximately to 40 MPH. First and Final Reading and declaring an emergency. (B. James/K. Woodlee/C. Palomo) Roll Call Vote Confirmation Closed Session 11. City Council will meet in closed session under Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment of a City Prosecutor. Reconvene into Regular Session 11a. Take any action based on discussions held in closed session under Agenda Item 11. Roll Call Vote Confirmation Requests and Announcements 12. Announcements by City Manager. 13. Placing Items on Future Agendas: Member of the City Council may place items on future agendas provided the chair is able to determine unanimous consent. If objection is made by one or more members of the City Council, the Mayor shall instruct the City Secretary to place on the agenda for the next regular session an item to discuss the merits of placing the item that was objected to on a future agenda for full consideration. 14. 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 09-26-2017 City Council Agenda Page - 4 - Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 22nd DAY OF SEPTEMBER 2017 AT 1:40 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. Brenda Dennis Brenda Dennis, City Secretary 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 _______________, 2017. _______________________________________________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. 09-26-2017 City Council Agenda Page - 5 - COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Audit Committee Interview Committee for Boards and Commissions Investment Advisory Committee Main Street Committee TIRZ II Board Councilmember Davis– Place 1 Schertz Housing Authority Board Interview Committee for Boards and Commissions Main Street Committee - Chair Councilmember Gutierrez – Place 2 Councilmember Larson – Place 3 Main Street Committee – Vice Chair Mayor Pro-Tem Edwards – Place 4 Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Main Street Committee Councilmember Thompson – Place 5 Audit Committee Investment Advisory Committee Councilmember Kiser – Place 6 Schertz Animal Services Advisory Commission Councilmember Crawford – Place 7 Schertz-Seguin Local Government Corporation Interview Committee for Boards and Commissions CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: June 30, 2017 ********************************* 2016 - 2017 *********************************** CURRENT CURRENT Y-T-D BUDGET 75% BUDGET Y-T-D ACTUAL ENCUMBR BALANCE BUDGET General Fund, 101 Total Revenues 29,773,195.00 4,798,327.94 -5,343,351.68 82.05% Total General Government 7,487,448.20 1,864,441.98 230,097.74 2,643,009.41 64.70% Total Public Safety 12,380,893.49 3,377,461.53 122,863.07 3,148,132.33 74.57% Total Public Environment 1,227,407.00 394,759.27 79,078.98 267,018.56 78.25% Total Parks & Recreation 1,814,217.00 411,927.39 156,816.28 624,408.85 65.58% Total Cultural 868,161.00 232,384.90 12,185.46 205,158.76 76.37% Total Health 787,854.00 176,975.28 69,334.48 205,753.57 73.88% Total Internal Service 4,929,355.00 1,223,566.62 156,360.18 1,271,637.50 74.20% Total Misc & Projects 269,708.00 78,893.24 5,390.47 62,048.44 76.99% General Fund, 101 Total Cash in Bank & Investments 13,836,523.89 Special Events Fund, 106 Total Revenues 196,350.00 34,556.19 -122,956.97 37.38% Total Expenditures 186,350.00 30,289.34 1,633.56 111,352.65 40.25% Special Events Fund, 106 Total Cash in Bank & Investments 70,420.62 Peg Fund, 110 Total Revenues 113,300.00 21,998.71 -45,528.69 59.82% Total Expenditures 108,600.00 --108,151.00 0.41% Peg Fund, 110 Total Cash in Bank & Investments 621,979.35 Water & Sewer, 202 Total Revenues 21,293,219.00 5,448,846.23 -4,993,776.23 76.55% Total Expenditures 21,233,817.00 4,394,885.18 112,679.12 7,248,509.52 65.86% Water & Sewer, 202 Total Cash in Bank & Investments 6,570,615.64 EMS, 203 Total Revenues 9,119,812.17 2,593,367.62 -3,095,097.08 72.09% Total Expenditures 9,003,895.81 1,877,581.98 92,275.31 3,255,279.95 63.85% EMS, 203 Total Cash in Bank & Investments 276,193.21 Drainage, 204 Total Revenues 1,632,200.00 292,750.17 -761,467.05 53.35% Total Expenditures 1,606,764.00 240,170.00 29,703.32 873,333.00 45.65% Drainage, 204 Total Cash in Bank & Investments 1,097,185.81 Quarterly Statement Schertz, Texas CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: June 30, 2017 ********************************* 2016 - 2017 *********************************** CURRENT CURRENT Y-T-D BUDGET 75% BUDGET Y-T-D ACTUAL ENCUMBR BALANCE BUDGET Hotel Tax, 314 Total Revenues 611,452.00 145,789.98 -263,684.49 56.88% Total Expenditures 260,995.00 33,768.38 (1,176.40)107,697.52 58.74% Hotel Tax, 314 Total Cash in Bank & Investments 1,347,597.12 Park, 317 Total Revenues 190,700.00 1,903.98 -90,286.98 52.65% Total Expenditures 190,700.00 10,171.00 4,630.00 171,894.00 9.86% Park, 317 Total Cash in Bank & Investments 430,958.68 Tree Mitigation, 319 Total Revenues 142,000.00 3,784.37 -79,026.76 44.35% Total Expenditures 142,000.00 40,177.50 -56,099.00 60.49% Tree Mitigation, 319 Total Cash in Bank & Investments 317,458.69 Capital Recovery Water, 411 Total Revenues 1,040,600.00 443,364.14 -(47,181.48)104.53% Total Expenditures 156,000.00 --155,000.00 0.64% Capital Recovery Water, 411 Total Cash in Bank & Investments 4,461,297.09 Capital Recovery Sewer, 421 Total Revenues 625,500.00 312,553.90 -37,060.78 94.08% Total Expenditures 235,500.00 1,088.23 -231,236.28 1.81% Capital Recovery Sewer, 421 Total Cash in Bank & Investments 5,422,578.42 I&S, 505 Total Revenues 6,614,581.00 482,141.23 -2,951.62 99.96% Total Expenditures 6,614,581.00 --1,283,447.31 80.60% I&S, 505 Total Cash in Bank & Investments 2,592,072.56 SED Corporation, 620 Total Revenues 3,738,260.00 946,847.23 -985,450.63 73.64% Total Expenditures 2,062,617.00 504,832.61 3,648.16 1,306,787.97 36.64% SED Corporation, 620 Total Cash in Bank & Investments 12,582,304.70 Quarterly Statement Schertz, Texas 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Taxes 18,720,400.00 1,996,640.63 15,748,652.19 16,466,655.14 - 2,253,744.86 87.96% Franchises 2,306,600.00 543,037.84 1,507,346.08 1,543,942.48 - 762,657.52 66.94% Permits 1,404,500.00 642,230.85 881,303.20 1,569,626.35 - (165,126.35) 111.76% Licenses 51,160.00 17,047.50 42,949.50 51,255.00 - (95.00) 100.19% Fees 2,251,582.00 694,062.50 1,859,582.43 1,968,993.99 - 282,588.01 87.45% Fines 28,000.00 6,326.76 18,694.88 17,606.54 - 10,393.46 62.88% Inter-Jurisdictional 879,508.00 119,716.69 607,764.59 550,869.12 - 328,638.88 62.63% Fund Transfers 3,642,745.00 603,938.76 1,210,347.41 1,811,816.24 - 1,830,928.76 49.74% Miscellaneous 488,700.00 175,326.41 409,657.94 449,078.46 - 39,621.54 91.89% TOTAL REVENUES 29,773,195.00 4,798,327.94 22,286,298.22 24,429,843.32 - 5,343,351.68 82.05% EXPENDITURE SUMMARY GENERAL GOVERNMENT CITY COUNCIL Personnel Services 32,132.00 9,369.15 17,012.95 24,254.14 - 7,877.86 75.48% Supplies 1,300.00 253.18 173.42 389.96 - 910.04 30.00% City Support Services 53,500.00 787.54 67,095.29 34,368.74 - 19,131.26 64.24% Operations Support 500.00 - 184.58 336.04 - 163.96 67.21% Staff Support 28,910.00 1,430.52 12,256.40 20,084.41 - 8,825.59 69.47% Operating Equipment 640.00 - - 723.00 - (83.00) 112.97% TOTAL CITY COUNCIL 116,982.00 11,840.39 96,722.64 80,156.29 - 36,825.71 68.52% CITY MANAGER Personnel Services 1,076,365.00 278,704.58 600,901.08 764,566.38 - 311,798.62 71.03% Supplies 2,750.00 721.75 1,599.02 1,294.67 - 1,455.33 47.08% City Support Services 7,535.00 - 522.67 4,989.85 103.64 2,441.51 67.60% Utility Services - 52.50 114.82 118.49 - (118.49) 0.00% Operations Support - 23.98 - 23.98 - (23.98) 0.00% Staff Support 35,745.00 6,572.56 16,717.23 15,194.74 1,589.37 18,960.89 46.96% TOTAL CITY MANAGER 1,122,395.00 286,075.37 619,854.82 786,188.11 1,693.01 334,513.88 70.20% *************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30th, 2017 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET *************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30th, 2017 MUNICIPAL COURT Personnel Services 287,455.00 64,829.85 198,654.57 204,930.87 - 82,524.13 71.29% Supplies 2,000.00 279.24 739.03 721.59 679.72 598.69 70.07% City Support Services 1,000.00 - - 37.78 - 962.22 3.78% Operations Support 3,250.00 - 941.00 - - 3,250.00 0.00% Staff Support 7,310.00 1,779.26 3,711.63 2,757.39 626.92 3,925.69 46.30% Court Support 520.00 - 192.00 186.00 - 334.00 35.77% Professional Services 67,380.00 12,690.00 34,382.38 40,840.00 7,840.00 18,700.00 72.25% Maintenance Services 2,000.00 450.00 1,500.00 1,920.00 - 80.00 96.00% Operating Equipment - - 3,547.24 39.02 - (39.02) 0.00% TOTAL MUNICIPAL COURT 370,915.00 80,028.35 243,667.85 251,432.65 9,146.64 110,335.71 70.25% CUSTOMER RELATIONS-311 Personnel Services 113,744.00 30,830.44 76,210.96 87,456.55 - 26,287.45 76.89% Supplies 150.00 - 74.93 40.30 - 109.70 26.87% Staff Support 475.00 71.00 204.32 170.00 - 305.00 35.79% TOTAL CUSTOMER RELATIONS-311 114,369.00 30,901.44 76,490.21 87,666.85 - 26,702.15 76.65% PLANNING & ZONING Personnel Services 190,445.00 52,526.32 90,823.43 144,584.00 - 45,861.00 75.92% Supplies 3,060.00 424.74 1,480.12 695.23 75.36 2,289.41 25.18% City Support Services - - 295.20 - - - 0.00% Operations Support 150.00 56.79 163.13 70.29 - 79.71 46.86% Staff Support 24,299.00 6,019.99 3,018.49 9,573.78 462.68 14,262.54 41.30% Professional Services 170.00 11.00 39 100 - 70.00 58.82% Operating Equipment - - - - 3,400.40 (3,400.40) 0.00% TOTAL PLANNING & ZONING 218,124.00 59,038.84 95,819.37 155,023.30 3,938.44 59,162.26 72.88% LEGAL SERVICES Operations Support 10,000.00 863.13 1,397.41 1,422.79 88.25 8,488.96 15.11% Professional Services 230,000.00 41,209.44 69,687.31 69,924.62 - 160,075.38 30.40% TOTAL LEGAL SERVICES 240,000.00 42,072.57 71,084.72 71,347.41 88.25 168,564.34 29.76% 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET *************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30th, 2017 GENERAL SERVICES Personnel Services - - 394,793.39 - - - 0.00% Supplies - - 64,703.14 - - - 0.00% Utility Services - - 112,304.29 - - - 0.00% Staff Support - - 6,806.07 - - - 0.00% Maintenance Services - - 19,587.72 - - - 0.00% Rental/Leasing - - 593.25 - - - 0.00% Capital Outlay - - 23,087.90 - - - 0.00% TOTAL GENERAL SERVICES - - 621,875.76 - - - 0.00% CITY SECRETARY Personnel Services 175,687.00 47,724.30 122,658.64 133,847.74 - 41,839.26 76.19% Supplies 1,350.00 415.80 183.58 1,202.51 86.05 61.44 95.45% City Support Services 12,500.00 2,950.43 8,139.37 4,975.46 - 7,524.54 39.80% Staff Support 6,225.00 364.22 2,609.93 2,794.66 298.00 3,132.34 49.68% TOTAL CITY SECRETARY 195,762.00 51,454.75 133,591.52 142,820.37 384.05 52,557.58 73.15% NON-DEPARTMENTAL City Support Services 654,360.00 51,464.06 286,809.26 327,906.00 41,074.25 285,379.75 56.39% Operations Support 141,500.00 40,561.58 106,002.71 51,956.73 34.50 89,508.77 36.74% Staff Support 200.00 - 10,080.00 165.50 - 34.50 82.75% City Assistance 1,732,157.00 845,489.87 1,541,976.63 1,585,307.64 126,020.97 20,828.39 98.80% Professional Services 71,135.00 32,110.99 53,005.22 59,670.92 29,450.00 (17,985.92) 125.28% Fund Chrgs/Transfrs-Spec Events Fnd 1,011,700.00 - - - - 1,011,700.00 0.00% Operating Equipment - - 1,874.00 - - - 0.00% TOTAL NON-DEPARTMENTAL 3,611,052.00 969,626.50 1,999,747.82 2,025,006.79 196,579.72 1,389,465.49 61.52% 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET *************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30th, 2017 PUBLIC AFFAIRS Personnel Services 271,039.00 72,799.38 188,020.23 205,115.61 - 65,923.39 75.68% Supplies 2,300.00 272.55 1,714.57 817.29 214.13 1,268.58 44.84% Operations Support 22,450.00 5,910.22 12,028.34 11,130.12 - 11,319.88 49.58% Staff Support 4,000.00 580.00 1,439.03 1,279.00 1,217.02 1,503.98 62.40% Professional Services 24,000.00 - - 22,900.00 - 1,100.00 95.42% Operating Equipment 1,000.00 - 2,214.09 - - 1,000.00 0.00% TOTAL PUBLIC AFFAIRS 324,789.00 79,562.15 205,416.26 241,242.02 1,431.15 82,115.83 74.72% RECORDS MANAGEMENT Personnel Services 52,832.00 7,265.85 37,126.49 29,519.56 - 23,312.44 55.87% Supplies 250.00 - 66.37 31.22 - 218.78 12.49% Staff Support 350.00 - 44.44 - - 350.00 0.00% Professional Services 12,000.00 2,288.33 6,881.50 7,000.88 184.45 4,814.67 59.88% Operating Equipment 250.00 - - - - 250.00 0.00% TOTAL RECORDS MANAGEMENT 65,682.00 9,554.18 44,118.80 36,551.66 184.45 28,945.89 55.93% SCHERTZ MAGAZINE Personnel Services 133,608.00 32,264.36 80,934.45 98,289.96 - 35,318.04 73.57% Supplies 200.00 151.36 127.50 180.85 - 19.15 90.43% Opperations Support 1,120.00 985.25 - 985.25 - 134.75 87.97% Staff Support 1,860.00 749.00 848.60 1,245.00 62.00 553.00 70.27% Professional Services 245,754.00 42,915.42 168,657.39 170,351.97 7,817.00 67,585.03 72.50% Fund Charges/Transfers 10,000.00 - - - - 10,000.00 0.00% Operating Equipment 126.00 125.98 - 125.98 - 0.02 99.98% TOTAL SCHERTZ MAGAZINE 392,668.00 77,191.37 250,567.94 271,179.01 7,879.00 113,609.99 71.07% ENGINEERING Personnel Services 462,286.00 121,880.20 135,806.71 312,213.89 - 150,072.11 67.54% Supplies 1,620.00 283.81 566.45 408.77 8.00 1,203.23 25.73% City Support Services 295.20 295.20 590.40 295.20 - - 100.00% Utility Services 3,500.00 393.62 246.44 675.76 - 2,824.24 19.31% Operations Support 2,550.00 35.98 - 71.96 29.98 2,448.06 4.00% Staff Support 9,475.00 1,045.59 2,436.59 1,818.38 40.00 7,616.62 19.61% Professional Services 70,800.00 - 2,338.00 27,986.40 5,795.00 37,018.60 47.71% Rental/Leasing 2,825.00 - - 2,824.47 - 0.53 99.98% Operating Equipment 400.00 - - - - 400.00 0.00% TOTAL ENGINEERING 553,751.20 123,934.40 141,984.59 346,294.83 5,872.98 201,583.39 63.60% 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET *************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30th, 2017 GIS Personnel Services 151,979.00 40,892.00 101,659.21 115,362.04 - 36,616.96 75.91% Supplies 2,295.00 1,575.07 - 1,575.07 - 719.93 68.63% Staff Support 4,600.00 - 4,515.32 931.80 2,379.10 1,289.10 71.98% Rental/Leasing 2,085.00 694.60 1,910.15 1,562.85 520.95 1.20 0.00% TOTAL GIS 160,959.00 43,161.67 108,084.68 119,431.76 2,900.05 38,627.19 76.00% TOTAL GENERAL GOVERNMENT 7,487,448.20 1,864,441.98 4,709,026.98 4,614,341.05 230,097.74 2,643,009.41 64.70% PUBLIC SAFETY POLICE Personnel Services 6,038,924.00 1,557,333.85 4,001,134.10 4,449,359.97 - 1,589,564.03 73.68% Supplies 84,323.38 49,715.82 28,283.10 69,426.07 9,516.60 5,380.71 93.62% City Support Services 19,081.00 - 19,081.45 21,294.42 - (2,213.42) 111.60% Utility Services 86,637.40 21,330.33 43,255.27 51,444.84 - 35,192.56 59.38% Operations Support 3,065.00 308.95 2,413.77 1,752.70 - 1,312.30 57.18% Staff Support 130,380.31 37,404.96 48,603.97 64,188.01 25,163.14 41,029.16 68.53% City Assistance 15,537.00 3,471.50 6,676.88 9,934.17 392.94 5,209.89 66.47% Professional Services 44,408.00 4,317.76 34,732.91 31,836.13 3,638.43 8,933.44 79.88% Maintenance Services 57,562.95 7,259.05 44,470.59 28,164.53 3,806.25 25,592.17 55.54% Rental/Leasing 44,470.00 (60.84) - 44,158.64 - 311.36 99.30% Operating Equipment 83,982.05 5,103.70 110,461.18 25,788.16 14,738.33 43,455.56 48.26% Capital Outlay 473,196.40 356,112.36 204,959.75 420,647.38 11,340.69 41,208.33 91.29% TOTAL POLICE 7,081,567.49 2,042,297.44 4,544,072.97 5,217,995.02 68,596.38 1,794,976.09 74.65% FIRE RESCUE Personnel Services 3,541,745.00 892,449.46 2,298,934.80 2,624,382.07 - 917,362.93 74.10% Supplies 10,907.00 789.85 12,239.02 3,569.51 830.18 6,507.31 40.34% Utility Services 44,200.00 12,279.77 28,437.50 31,772.33 - 12,427.67 71.88% Operations Support 550.00 - 700.69 - - 550.00 0.00% Staff Support 139,350.00 30,129.49 78,323.30 114,137.27 10,407.64 14,805.09 89.38% City Assistance 22,593.00 1,246.37 2,219.42 3,804.22 9,235.07 9,553.71 57.71% Professional Services 35,200.00 32,696.00 13,643.00 32,696.00 - 2,504.00 92.89% Maintenance Services 53,000.00 11,779.92 38,520.24 24,067.86 7,962.92 20,969.22 60.44% Rental/Leasing 16,890.00 3,950.82 11,964.83 11,964.83 3,950.82 974.35 94.23% Operating Equipment 80,625.00 9,754.07 51,096.28 39,830.39 19,513.01 21,281.60 73.60% Capital Outlay 44,500.00 - - 44,300.23 - 199.77 99.55% TOTAL FIRE RESCUE 3,989,560.00 995,075.75 2,536,079.08 2,930,524.71 51,899.64 1,007,135.65 74.76% 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET *************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30th, 2017 INSPECTIONS Personnel Services 541,414.00 152,457.06 327,726.54 424,314.78 - 117,099.22 78.37% Supplies 3,835.00 640.52 1,846.88 2,263.24 49.18 1,522.58 60.30% Utility Services 5,000.00 995.92 2,172.43 2,227.19 - 2,772.81 44.54% Operations Support 2,000.00 547.96 679.00 1,516.47 - 483.53 75.82% Staff Support 26,680.00 5,325.28 7,382.44 12,146.17 1,690.87 12,842.96 51.86% Professional Services 227,000.00 61,425.00 84,054.50 147,175.00 - 79,825.00 64.83% TOTAL INSPECTIONS 805,929.00 221,391.74 423,861.79 589,642.85 1,740.05 214,546.10 73.38% MARSHAL'S OFFICE Personnel Services 448,770.00 112,341.88 432,862.68 342,347.75 - 106,422.25 76.29% Supplies 3,350.00 373.09 2,333.11 1,592.68 - 1,757.32 47.54% Utility Services 10,000.00 1,747.01 4,268.83 4,128.56 - 5,871.44 41.29% Operations Support 1,000.00 274.85 675.51 274.85 177.00 548.15 45.19% Staff Support 12,540.00 3,559.77 6,885.16 4,707.88 250.00 7,582.12 39.54% City Assistance 1,250.00 - - - - 1,250.00 0.00% Maintenance Services 4,700.00 400.00 6,416.00 1,200.00 200.00 3,300.00 29.79% Operating Equipment 4,227.00 - 3,757.75 2,080.74 - 2,146.26 49.22% Capital Outlay 18,000.00 - 70,112.00 15,403.05 - 2,596.95 85.57% TOTAL MARSHAL'S OFFICE 503,837.00 118,696.60 527,311.04 371,735.51 627.00 131,474.49 73.91% TOTAL PUBLIC SAFETY 12,380,893.49 3,377,461.53 8,031,324.88 9,109,898.09 122,863.07 3,148,132.33 74.57% 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET *************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30th, 2017 PUBLIC ENVIRONMENT STREETS Personnel Services 741,825.00 180,820.69 477,149.01 547,913.52 - 193,911.48 73.86% Supplies 90,450.00 32,366.09 3,873.18 48,670.83 5,004.25 36,774.92 59.34% Utility Services 151,200.00 24,018.50 100,624.22 89,560.22 217.00 61,422.78 59.38% Staff Support 11,950.00 4,909.71 7,502.89 9,375.18 31.74 2,543.08 78.72% Professional Services 31,950.00 - 32,950.99 5,037.50 66,667.00 (39,754.50) 224.43% Maintenance Services 40,000.00 17,468.18 59,741.37 38,501.12 - 1,498.88 96.25% Rental/Lease 5,200.00 1,497.48 - 1,756.48 - 3,443.52 33.78% Operating Equipment 12,201.00 2,670.58 - 2,670.58 6,268.00 3,262.42 73.26% Capital Outlay 142,631.00 131,008.04 72,806.52 137,824.03 890.99 3,915.98 97.25% TOTAL STREETS 1,227,407.00 394,759.27 754,648.18 881,309.46 79,078.98 267,018.56 78.25% TOTAL PUBLIC ENVIRONMENT 1,227,407.00 394,759.27 754,648.18 881,309.46 79,078.98 267,018.56 78.25% PARKS & RECREATION PARKS DEPARTMENT Personnel Services 511,343.00 127,090.62 320,632.66 372,157.19 - 139,185.81 72.78% Supplies 39,315.00 16,784.92 30,967.82 26,892.01 6,217.28 6,205.71 84.22% City Support Services 11,500.00 2,876.70 2,360.00 8,452.63 1,628.19 1,419.18 87.66% Utility Services 171,250.00 46,050.55 133,030.33 147,983.92 268.03 22,998.05 86.57% Operations Support 1,673.00 1,121.80 606.04 1,673.20 - (0.20) 100.01% Staff Support 10,625.00 3,543.41 4,855.48 8,870.72 238.35 1,515.93 85.73% Professional Services 93,670.00 20,851.84 40,160.42 60,291.79 13,539.32 19,838.89 78.82% Maintenance Services 25,047.00 927.12 10,753.94 16,060.56 500.00 8,486.44 66.12% Rental/Leasing 41,600.00 9,057.48 27,262.49 28,080.88 9,057.48 4,461.64 89.27% Operating Equipment 16,000.00 7,630.94 1,935.32 12,555.07 675.80 2,769.13 82.69% Capital Outlay 10,000.00 - 27,840.60 - - 10,000.00 0.00% TOTAL PARKS DEPARTMENT 932,023.00 235,935.38 600,405.10 683,017.97 32,124.45 216,880.58 76.73% SWIM POOL Supplies 25,100.00 6,758.48 8,728.30 14,582.25 4,556.19 5,961.56 76.25% Utility Services 27,000.00 3,573.90 8,276.87 15,207.57 - 11,792.43 56.32% Professional Services 3,800.00 3,632.56 - 3,632.56 - 167.44 95.59% Maintenance Services 662,078.00 124,814.93 3,387.47 231,315.10 119,918.00 310,844.90 53.05% Operating Equipment - 212.21 - - - 0.00% TOTAL SWIM POOL 717,978.00 138,779.87 20,604.85 264,737.48 124,474.19 328,766.33 54.21% 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET *************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30th, 2017 EVENT FACILITIES Personnel Services 59,006.00 16,423.02 37,552.60 45,231.42 - 13,774.58 76.66% Supplies 15,000.00 1,029.93 7,600.92 2,574.57 217.64 12,207.79 18.61% Utility Services 51,750.00 10,437.19 32,624.17 27,551.03 - 24,198.97 53.24% Operations Support 10,900.00 3,800.00 4,840.47 4,902.53 - 5,997.47 44.98% Staff Support 2,180.00 - 840.00 1,305.48 - 874.52 59.88% Operating Equipment 25,380.00 5,522.00 6,143.00 3,671.39 - 21,708.61 14.47% TOTAL EVENT FACILITIES 164,216.00 37,212.14 89,601.16 85,236.42 217.64 78,761.94 52.04% SENIOR CITIZEN CENTER Supplies - - 2,170.98 - - - 0.00% City Assistence - - 19,136.93 - - - 0.00% Professional Services - - 1,016.77 - - - 0.00% Maintenance Services - - 138.50 - - - 0.00% TOTAL SENIOR CITIZEN CENTER - - 22,463.18 - - - 0.00% TOTAL PARKS & RECREATION 1,814,217.00 411,927.39 733,074.29 1,032,991.87 156,816.28 624,408.85 65.58% CULTURAL LIBRARY Personnel Services 677,981.00 194,957.74 478,745.17 536,404.88 - 141,576.12 79.12% Supplies 15,000.00 3,584.75 11,395.41 9,230.53 1,123.64 4,645.83 69.03% Utility Services 55,600.00 9,031.50 31,148.16 21,888.43 - 33,711.57 39.37% Operations Support 3,150.00 247.97 2,295.13 1,127.92 231.98 1,790.10 43.17% Staff Support 6,615.00 2,720.73 4,041.77 4,426.46 46.73 2,141.81 67.62% Professional Services 2,315.00 - 2,247.00 2,252.00 - 63.00 97.28% Operating Equipment 107,500.00 21,842.21 70,126.71 75,486.56 10,783.11 21,230.33 80.25% TOTAL LIBRARY 868,161.00 232,384.90 599,999.35 650,816.78 12,185.46 205,158.76 76.37% TOTAL CULTURAL 868,161.00 232,384.90 599,999.35 650,816.78 12,185.46 205,158.76 76.37% 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET *************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30th, 2017 HEALTH ANIMAL SERVICES Personnel Services 320,519.00 86,186.98 210,381.74 243,423.38 - 77,095.62 75.95% Supplies 33,380.00 11,302.73 21,659.99 24,352.62 3,445.10 5,582.28 83.28% City Support Services 3,500.00 - 88.35 2,052.13 - 1,447.87 58.63% Utility Services 37,500.00 8,762.42 20,086.84 28,501.77 - 8,998.23 76.00% Operations Support 1,000.00 21.98 158.50 711.98 - 288.02 71.20% Staff Support 10,750.00 1,438.96 7,173.56 3,422.57 666.57 6,660.86 38.04% City Assistance 18,550.00 2,100.44 8,707.78 7,986.87 1,026.93 9,536.20 48.59% Professional Services 25,000.00 5,245.38 14,349.00 12,266.64 1,473.05 11,260.31 54.96% Maintenance Services 17,010.00 1,114.40 7,867.09 8,303.92 1,095.08 7,611.00 55.26% Operating Equipment 38,000.00 4,146.76 1,799.34 5,657.42 882.75 31,459.83 17.21% Capital Outlay 63,000.00 - 31,330.00 27,870.00 60,745.00 (25,615.00) 140.66% TOTAL ANIMAL SERVICES 568,209.00 120,320.05 323,602.19 364,549.30 69,334.48 134,325.22 76.36% ENVIRONMENTAL HEALTH Personnel Services 190,240.00 51,174.82 - 136,730.99 - 53,509.01 71.87% Supplies 3,505.00 308.04 - 620.60 - 2,884.40 17.71% Operations Support 1,800.00 659.32 - 702.61 - 1,097.39 39.03% Staff Support 6,550.00 462.27 - 2,815.76 - 3,734.24 42.99% City Assistance 1,000.00 699.34 - 900.81 - 99.19 90.08% Professional Services 500.00 - - 176.00 - 324.00 35.20% Maintenance Services 10,600.00 2,500.00 - 4,985.00 - 5,615.00 47.03% Operating Equipment 5,450.00 851.44 - 1,284.88 - 4,165.12 23.58% TOTAL ANIMAL SERVICES 219,645.00 56,655.23 - 148,216.65 - 71,428.35 67.48% TOTAL HEALTH 787,854.00 176,975.28 323,602.19 512,765.95 69,334.48 205,753.57 73.88% 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET *************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30th, 2017 INTERNAL SERVICE INFORMATION TECHNOLOGY Personnel Services 524,491.00 134,871.96 299,715.55 350,663.91 - 173,827.09 66.86% Supplies 7,000.00 3,224.31 904.64 4,849.81 1,088.93 1,061.26 84.84% City Support Services 519,162.00 108,071.16 320,507.54 343,778.04 36,690.00 138,693.96 73.29% Utility Services 227,646.00 49,653.15 147,977.69 140,788.91 320.00 86,537.09 61.99% Staff Support 34,100.00 8,539.69 35,967.56 24,129.39 1,450.00 8,520.61 75.01% Maintenance Services 17,580.00 6,145.39 13,724.53 10,917.77 2,957.67 3,704.56 78.93% Rental/Leasing 38,047.00 8,204.49 31,704.90 30,397.92 - 7,649.08 Operating Equipment 227,123.00 43,005.02 113,042.52 158,443.88 40,857.13 27,821.99 87.75% Capital Outlay 13,000.00 - - - - 13,000.00 0.00% TOTAL INFORMATION TECHNOLOGY 1,608,149.00 361,715.17 963,544.93 1,063,969.63 83,363.73 460,815.64 71.34% HUMAN RESOURCES Personnel Services 350,331.00 70,713.72 189,413.26 221,928.67 - 128,402.33 63.35% Supplies 1,000.00 209.67 907.62 397.75 181.46 420.79 57.92% Human Services 71,500.00 13,740.28 35,999.69 38,043.73 3,290.05 30,166.22 57.81% Operations Support 10,000.00 35.00 6,060.40 3,181.44 - 6,818.56 31.81% Staff Support 17,100.00 5,081.79 14,540.78 7,350.23 199.00 9,550.77 44.15% City Assistance 10,000.00 1,716.00 10,144.00 4,578.00 - 5,422.00 45.78% Professional Services 9,600.00 2,234.25 6,752.75 7,202.75 - 2,397.25 75.03% Operating Equipment 1,000.00 547.14 1,362.96 614.94 - 385.06 61.49% TOTAL HUMAN RESOURCES 470,531.00 94,277.85 265,181.46 283,297.51 3,670.51 183,562.98 60.99% FINANCE Personnel Services 584,190.00 147,007.85 362,897.04 423,711.77 - 160,478.23 72.53% Supplies 4,981.77 940.89 3,378.88 3,744.37 - 1,237.40 75.16% Operations Support 1,917.00 35.98 2,582.69 1,916.64 - 0.36 99.98% Staff Support 7,973.00 2,808.73 8,361.52 3,823.73 - 4,149.27 47.96% Professional Sevices - 24,255.00 505.00 24,255.00 - (24,255.00) 0.00% Operating Equipment 2,970.23 52.24 - 112.23 2,857.29 0.71 99.98% TOTAL FINANCE 602,032.00 175,100.69 377,725.13 457,563.74 2,857.29 141,610.97 76.48% 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET *************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30th, 2017 PURCHASING & ASSET MGT Personnel Services 190,620.00 54,775.34 97,624.79 124,267.09 - 66,352.91 65.19% Supplies 1,050.00 495.14 512.19 599.96 - 450.04 57.14% Utility Services 250.00 46.25 163.64 107.75 - 142.25 43.10% Operations Support 100.00 - 22.30 26.35 - 73.65 26.35% Staff Support 6,149.00 455.17 4,703.11 1,825.69 10.00 4,313.31 29.85% City Assistance 3,000.00 271.00 2,190.46 1,036.00 - 1,964.00 34.53% Operating Equipment 451.00 - - 150.77 300.23 33.43% TOTAL PURCHASING & ASSET MGT 201,620.00 56,042.90 105,216.49 127,862.84 160.77 73,596.39 63.50% FLEET SERVICE Personnel Services 343,327.00 89,207.90 203,648.67 253,862.66 - 89,464.34 73.94% Supplies 169,100.00 38,546.45 106,716.96 127,340.66 14,077.87 27,681.47 83.63% City Support Services 6,150.00 - 2,244.72 2,354.40 - 3,795.60 38.28% Utility Services 6,200.00 2,042.83 2,983.57 5,298.56 - 901.44 85.46% Operations Support 200.00 - - 59.69 - 140.31 29.85% Staff Support 10,856.62 1,685.29 4,488.76 5,255.99 547.01 5,053.62 53.45% Maintenance Services 165,793.38 36,568.13 133,161.91 121,978.33 14,097.23 29,717.82 82.08% Operating Equipment 7,700.00 1,596.56 7,941.49 4,719.30 927.41 2,053.29 73.33% Capital Outlay 36,600.00 - 88,461.00 - - 36,600.00 0.00% TOTAL FLEET SERVICE 745,927.00 169,647.16 549,647.08 520,869.59 29,649.52 195,407.89 73.80% BUILDING MAINTENANCE Personnel Services 781,125.00 200,596.64 106,125.45 580,289.07 4,363.84 196,472.09 74.85% Supplies 103,087.69 20,322.92 1,563.70 75,395.31 7,015.10 20,677.28 79.94% Utility Services 153,715.00 29,838.77 1,923.29 87,610.44 - 66,104.56 57.00% Staff Support 10,536.60 1,083.71 2,518.70 8,524.23 348.99 1,663.38 84.21% Professional Services 9,000.00 - 43,784.99 - - 9,000.00 0.00% Maintenance Services 215,019.72 87,007.20 107,474.67 265,830.66 24,930.43 (75,741.37) 135.23% Rental/Leasing 39.31 - 1,263.27 2,210.69 - (2,171.38) 5623.73% Operating Equipment 2,700.00 2,060.93 - 2,060.93 - 639.07 76.33% Capital Outlay 25,872.68 25,872.68 - 25,872.68 - - 100.00% TOTAL BUILDING MAINTENANCE 1,301,096.00 366,782.85 264,654.07 1,047,794.01 36,658.36 216,643.63 83.35% TOTAL INTERNAL SERVICE 4,929,355.00 1,223,566.62 2,525,969.16 3,501,357.32 156,360.18 1,271,637.50 74.20% 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET *************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30th, 2017 MISC & PROJECTS CITY ASSISTANCE City's Assistance to Agencies 250,260.00 78,893.24 150,189.73 201,912.09 3,550.47 44,797.44 82.10% TOTAL CITY ASSISTANCE 250,260.00 78,893.24 150,189.73 201,912.09 3,550.47 44,797.44 82.10% COURT - RESTRICTED FUNDS Operating Equipment 19,448.00 - 3,924.25 357.00 1,840.00 17,251.00 11.30% TOTAL CITY ASSISTANCE 19,448.00 - 3,924.25 357.00 1,840.00 17,251.00 11.30% TOTAL MISC & PROJECTS 269,708.00 78,893.24 154,113.98 202,269.09 5,390.47 62,048.44 76.99% TOTAL EXPENDITURES 29,765,043.69 7,760,410.21 17,831,759.01 20,505,749.61 832,126.66 8,427,167.42 71.69% REVENUE OVER(UNDER) EXPEND.8,151.31 3,924,093.71 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF REVENUES BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Taxes 000-411100 Advalorem Tax - Current 11,203,881.00 135,318.73 10,359,461.35 11,073,815.33 - 130,065.67 98.84% 000-411200 Advalorem Tax - Delinquent 40,000.00 4,646.33 17,158.59 (10,541.57) - 50,541.57 -26.35% 000-411300 Advalorem Tax - P&I 45,000.00 19,082.34 41,325.31 45,039.48 - (39.48) 100.09% 000-411500 Sales Tax Revenue-Gen Fund 7,385,419.00 1,827,871.82 5,298,367.43 5,326,232.12 - 2,059,186.88 72.12% 000-411600 Bingo Tax 100.00 - 0.62 31.25 - 68.75 31.25% 000-411700 Mixed Beverage Tax 46,000.00 9,721.41 32,338.89 32,078.53 - 13,921.47 69.74% TOTAL Taxes 18,720,400.00 1,996,640.63 15,748,652.19 16,466,655.14 - 2,253,744.86 87.96% Franchises 000-421200 Center Point/Entex Energy 74,000.00 15,236.55 53,204.30 54,349.75 - 19,650.25 73.45% 000-421220 City Public Service 873,600.00 236,762.25 537,701.43 627,016.76 - 246,583.24 71.77% 000-421240 Guadalupe Valley Elec Co-op 513,000.00 111,493.77 306,332.26 304,328.57 - 208,671.43 59.32% 000-421250 New Braunfels Utilities 70,000.00 19,157.38 50,037.54 50,246.11 - 19,753.89 71.78% 000-421300 Time Warner-State Franchise 238,000.00 59,952.96 193,101.90 194,702.38 - 43,297.62 81.81% 000-421460 AT&T Franchise Fee 300,000.00 73,257.87 187,352.45 163,315.58 - 136,684.42 54.44% 000-421480 Other Telecom Franchise 100,000.00 2,850.70 77,497.36 55,196.35 - 44,803.65 55.20% 000-421500 Solid Waste Franchise Fee 138,000.00 24,326.36 102,118.84 94,786.98 - 43,213.02 68.69% TOTAL Franchises 2,306,600.00 543,037.84 1,507,346.08 1,543,942.48 - 762,657.52 66.94% Permits 000-431100 Home Occupation Permit 500.00 70.00 490.00 490.00 - 10.00 98.00% 000-431205 Building Permit - Residential 483,000.00 201,834.50 319,421.00 468,917.50 - 14,082.50 97.08% 000-431210 Building Permit - Commercial 170,000.00 238,504.00 129,230.00 595,837.00 - (425,837.00) 350.49% 000-431215 Building Permit - General 292,000.00 66,741.00 137,539.00 148,094.00 - 143,906.00 50.72% 000-431300 Mobile Home Permit 300.00 125.00 200.00 225.00 - 75.00 75.00% 000-431400 Signs Permit 7,000.00 1,858.00 4,752.00 3,930.00 - 3,070.00 56.14% 000-431500 Food Establishmnt Permit 60,000.00 3,360.00 59,690.00 57,890.00 - 2,110.00 96.48% 000-431600 Garage Sale Permit 10,500.00 2,948.00 8,180.00 7,024.00 - 3,476.00 66.90% 000-431700 Plumbing Permit 117,000.00 42,177.00 83,517.25 103,712.00 - 13,288.00 88.64% 000-431750 Electrical Permit 58,800.00 22,380.00 43,360.00 53,320.00 - 5,480.00 90.68% 000-431800 Mechanical Permit 59,520.00 21,640.00 40,300.00 51,240.00 - 8,280.00 86.09% 000-431900 Solicitor/Peddler Permit 1,500.00 940.00 1,130.00 1,004.50 - 495.50 66.97% 000-431950 Animal/Pet Permit 1,500.00 200.00 790.00 215.00 - 1,285.00 14.33% 000-432000 Cert. of Occupancy Prmt 7,000.00 2,250.00 5,350.00 5,250.00 - 1,750.00 75.00% *************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** C I T Y O F S C H E R T Z REVENUE REPORT (UNAUDITED) AS OF: JUNE 30th, 2017 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF REVENUES BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET *************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** C I T Y O F S C H E R T Z REVENUE REPORT (UNAUDITED) AS OF: JUNE 30th, 2017 000-432100 Security Alarm Permit 35,000.00 11,390.00 27,408.00 30,596.00 - 4,404.00 87.42% 000-432300 Grading/Clearing Permit 4,000.00 2,577.00 5,604.95 5,900.00 - (1,900.00) 147.50% 000-432400 Development Permit 81,880.00 14,456.35 - 14,456.35 000-435000 Fire Permit 15,000.00 8,780.00 14,341.00 21,525.00 - (6,525.00) 143.50% TOTAL Permits 1,404,500.00 642,230.85 881,303.20 1,569,626.35 - (232,550.00) 111.76% Licenses 000-441000 Alcohol Beverage License 8,000.00 2,832.50 6,112.50 6,110.00 - 1,890.00 76.38% 000-441300 Mobile Home License 160.00 - 160.00 160.00 - - 100.00% 000-442000 Contractors License 40,000.00 13,300.00 34,310.00 42,450.00 - (2,450.00) 106.13% 000-444000 Pet License 3,000.00 915.00 2,367.00 2,535.00 - 465.00 84.50% TOTAL Licenses 51,160.00 17,047.50 42,949.50 51,255.00 - (95.00) 100.19% Fees 000-451000 Municipal Court Fines 884,000.00 188,335.35 770,056.45 607,008.82 - 276,991.18 68.67% 000-451100 Arrest Fee 28,053.00 6,860.25 28,384.07 21,355.64 - 6,697.36 76.13% 000-451110 Expunction Fee 60.00 - 90.00 90.00 - (30.00) 150.00% 000-451200 Warrant Fees 130,000.00 22,677.18 98,409.17 83,763.88 - 46,236.12 64.43% 000-451210 Court - Claims & Judgements - (170.00) (3,204.40) (461.40) - 461.40 0.00% 000-451340 Judicial Fee - City 3,796.00 933.11 3,852.86 2,956.51 - 839.49 77.88% 000-451400 Traffic Fine Costs TTL 13,492.00 3,220.12 13,663.28 10,145.91 - 3,346.09 75.20% 000-451510 Juvenile Case Mgmt Fee 31,616.00 7,801.15 32,096.99 24,673.17 - 6,942.83 78.04% 000-451520 Truancy Fee 5,342.00 1,401.43 5,662.60 4,338.60 1,003.40 81.22% 000-451600 Technology Fund Fee 22,932.00 6,215.14 25,209.38 19,840.62 - 3,091.38 86.52% 000-451700 Security Fee 19,448.00 4,661.36 19,583.52 14,880.48 - 4,567.52 76.51% 000-451800 Time Payment Fee - City 5,616.00 1,284.32 4,287.53 5,012.05 - 603.95 89.25% 000-451850 State Fines 10% Service Fee 40,838.00 10,615.93 37,478.01 29,228.42 - 11,609.58 71.57% 000-451900 DPS Payment - Local 47,665.00 1,674.81 7,247.17 6,198.14 - 41,466.86 13.00% 000-452000 Child Safety Fee 13,522.00 907.77 13,031.15 2,913.48 - 10,608.52 21.55% 000-452100 Platting Fees 57,000.00 15,000.00 48,000.00 52,500.00 - 4,500.00 92.11% 000-452200 Site Plan Fee 30,000.00 8,500.00 29,000.00 24,500.00 - 5,500.00 81.67% 000-452300 Plan Check Fee 432,000.00 251,183.50 293,282.50 602,583.00 - (170,583.00) 139.49% 000-452310 Miscellaneous Review Fee 600.00 - 300.00 - - 600.00 0.00% 000-452320 Tree Mitigation Admin Fee 12,000.00 165.00 7,282.50 10,352.70 - 1,647.30 86.27% 000-452400 BOA/Zoning Fees 2,000.00 610.51 2,000.00 2,610.51 - (610.51) 130.53% 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF REVENUES BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET *************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** C I T Y O F S C H E R T Z REVENUE REPORT (UNAUDITED) AS OF: JUNE 30th, 2017 000-452600 Specific Use/Zone Chng Fee 12,600.00 2,000.00 9,300.00 15,000.00 - (2,400.00) 119.05% 000-452710 Zoning Ltr & Dev Rights 1,500.00 1,350.00 1,350.00 2,250.00 - (750.00) 150.00% 000-453100 Reinspection Fees 45,000.00 29,050.00 76,480.00 84,125.00 - (39,125.00) 186.94% 000-453110 Swim Pool Inspection Fee 2,600.00 1,760.00 1,760.00 1,760.00 - 840.00 67.69% 000-453200 Lot Abatement 5,000.00 - 1,000.17 1,325.50 - 3,674.50 26.51% 000-453211 Admin Fee-Inspections 6,600.00 4,600.00 9,000.00 10,800.00 - (4,200.00) 163.64% 000-453310 Misc Inspection Fee 150.00 - 100.00 - - 150.00 0.00% 000-453710 Foster Care 1,000.00 350.00 850.00 900.00 - 100.00 90.00% 000-454200 Pool Gate Admission Fee 24,750.00 9,020.00 7,254.05 9,020.00 - 15,730.00 36.44% 000-454300 Seasonal Pool Pass Fee 4,900.00 5,144.00 4,770.00 5,144.00 - (244.00) 104.98% 000-456110 Senior Center Memberships - - 2,988.00 - - - 0.00% 000-456120 Senior Center Meal Fee - - 864.00 401.00 - (401.00) 0.00% 000-456500 Haz Mat Fees 6,000.00 400.00 2,941.00 400.00 - 5,600.00 6.67% 000-456600 Fire Re-inspection Fee 1,000.00 350.00 850.00 900.00 - 100.00 90.00% 000-458110 Sale of Merchandise-GovDeal 20,000.00 4,465.47 26,627.98 25,904.77 - (5,904.77) 129.52% 000-458300 Sale of Property/Auction 4,000.00 - 2,194.00 - - 4,000.00 0.00% 000-458400 Civic Center Rental Fees 175,000.00 61,510.00 134,973.25 147,129.00 - 27,871.00 84.07% 000-458401 Capital Recovery Fee-Civic Cntr 10,000.00 5,775.00 8,900.00 12,335.00 - (2,335.00) 123.35% 000-458450 North Center Rental Fees 18,500.00 6,550.00 16,200.00 18,412.50 - 87.50 99.53% 000-458460 Senior Center Rental - 1,400.00 16,162.00 8,100.00 - (8,100.00) 0.00% 000-458500 Community Center Rental Fees 25,000.00 8,257.50 27,415.00 23,335.50 - 1,664.50 93.34% 000-458550 Pavilion Rental Fees 17,000.00 7,368.00 14,753.50 14,150.50 - 2,849.50 83.24% 000-458560 Chamber of Comm rent 7,800.00 1,950.00 6,050.00 5,850.00 - 1,950.00 75.00% 000-458650 NonResident User Fee-BVYA 15,000.00 6.00 10,120.00 1,506.00 - 13,494.00 10.04% 000-458660 BVYA Utility Reimbursement 13,000.00 - 10,092.81 17,985.79 - (4,985.79) 138.35% 000-458670 SYSA Utility Reimbursement 7,000.00 - - - - 7,000.00 0.00% 000-458675 Lions Futbol Utility Reimbursement 14,052.00 - 3,516.00 5,860.00 - 8,192.00 41.70% 000-458700 Vehicle Impoundment 8,000.00 2,450.00 5,250.00 7,330.00 - 670.00 91.63% 000-459200 NSF Check Fee 250.00 - 50.00 50.00 - 200.00 20.00% 000-459300 Notary Fee 250.00 18.00 144.00 108.00 - 142.00 43.20% 000-459400 Maps, Copies, UDC, & Misc F 250.00 - 60.00 5.00 - 245.00 2.00% 000-459600 Animal Adoption Fee 10,000.00 5,216.00 9,317.89 14,965.00 - (4,965.00) 149.65% 000-459700 Pet Impoundment Fee 10,000.00 1,818.50 8,489.30 4,927.50 - 5,072.50 49.28% 000-459800 Police Reports Fee 5,400.00 1,377.10 4,046.70 4,523.40 - 876.60 83.77% TOTAL Fees 2,251,582.00 694,062.50 1,859,582.43 1,968,993.99 - 282,588.01 87.45% 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF REVENUES BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET *************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** C I T Y O F S C H E R T Z REVENUE REPORT (UNAUDITED) AS OF: JUNE 30th, 2017 Fines 000-463000 Library Fines 28,000.00 6,326.76 18,694.88 17,606.54 - 10,393.46 62.88% TOTAL Fines 28,000.00 6,326.76 18,694.88 17,606.54 - 10,393.46 62.88% Inter-Jurisdictional 000-473100 Bexar Co - Fire 21,077.00 - 10,258.29 21,077.76 - (0.76) 100.00% 000-473200 City of Seguin - Fire Contract 29,231.00 7,307.70 23,238.48 21,923.10 - 7,307.90 75.00% 000-473300 Guad Co - Library 212,000.00 36,192.00 176,628.30 162,864.00 - 49,136.00 76.82% 000-473400 Randolph AFB-Animal Cntrl 1,200.00 - 1,200.00 500.00 - 700.00 41.67% 000-474200 Library Services - Cibolo 35,000.00 - 35,000.00 - - 35,000.00 0.00% 000-474210 Library Services-Selma 32,000.00 - 31,540.00 - - 32,000.00 0.00% 000-474400 Dispatch Service - Cibolo 166,000.00 40,000.00 120,026.00 120,000.00 - 46,000.00 72.29% 000-474600 School Crossing Guard-Bexar 38,500.00 12,857.34 27,016.43 30,942.65 - 7,557.35 80.37% 000-474610 School Cross Guard-Guadalupe 38,000.00 10,859.65 28,791.11 28,561.61 - 9,438.39 75.16% 000-474620 School Crossing Guard-Comal 1,500.00 - 1,565.98 - - 1,500.00 0.00% 000-474700 School Officer Funding 255,000.00 - 127,500.00 127,500.00 - 127,500.00 50.00% 000-474750 Crime Victim Liaison Agreement 50,000.00 12,500.00 25,000.00 37,500.00 - 12,500.00 75.00% TOTAL Inter-Jurisdictional 879,508.00 119,716.69 607,764.59 550,869.12 - 328,638.88 62.63% Fund Transfers 000-480000 Indirect Costs - EMS 150,087.00 37,521.75 112,730.67 112,565.25 - 37,521.75 75.00% 000-480100 Indirect Costs - Hotel/Motel 66,405.00 16,601.25 - 49,803.75 - 16,601.25 75.00% 000-481000 Transfer In Reserves 950,000.00 - - - - 950,000.00 0.00% 000-482200 Transfer-Vehicle Replcemt 43,278.00 - - - - 43,278.00 0.00% 000-482300 Transfer IN-Resrv Child Saf 126,345.00 - - - - 126,345.00 0.00% 000-485000 Interfund Charge-Drainage 184,425.00 46,106.25 40,612.50 138,318.75 - 46,106.25 75.00% 000-486000 Interfund Chrges-Admin W&S 1,186,812.00 296,703.00 864,262.49 890,109.00 - 296,703.00 75.00% 000-487000 Interfund Charges-Fleet 397,581.00 99,395.25 155,223.76 298,185.75 - 99,395.25 75.00% 000-488000 Interfund Charges-4B 430,445.00 107,611.26 37,517.99 322,833.74 - 107,611.26 75.00% 000-489000 Transfer In 107,367.00 - - - - 107,367.00 0.00% TOTAL Fund Transfers 3,642,745.00 603,938.76 1,210,347.41 1,811,816.24 - 1,830,928.76 49.74% 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF REVENUES BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET *************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** C I T Y O F S C H E R T Z REVENUE REPORT (UNAUDITED) AS OF: JUNE 30th, 2017 Miscellaneous 000-491000 Interest Earned 800.00 70.52 599.08 711.64 - 88.36 88.96% 000-491200 Investment Income 60,000.00 43,109.83 55,586.89 100,963.52 - (40,963.52) 168.27% 000-491800 Gain/Loss - 5,288.08 (28,397.02) (1,049.53) - 1,049.53 0.00% 000-491900 Unrealized Gain/Loss - 2,076.75 17,825.54 (9,220.99) - 9,220.99 0.00% 000-493120 Donations-Public Library 2,500.00 3,806.00 2,182.73 3,996.65 - (1,496.65) 159.87% 000-493400 Donation - Animal Control 10,000.00 3,793.27 140.00 13,287.27 - (3,287.27) 132.87% 000-493401 Donations-A/C Microchip 5,000.00 120.00 1,400.00 250.00 - 4,750.00 5.00% 000-493402 Donations-Spay&Neuter 15,000.00 3.50 10,278.50 810.00 14,190.00 5.40% 000-493403 Donations-Animal Adoption Trailer - 450.29 2,222.00 552.29 - (552.29) 0.00% 000-493404 Donations-TNR Program 1,000.00 - 600.00 - - 1,000.00 0.00% 000-493460 Donations-Parks 4,000.00 13,741.09 - 13,741.09 - (9,741.09) 343.53% 000-493465 Donations-Senior Center - 2,966.36 8,150.02 8,066.72 - (8,066.72) 0.00% 000-493502 Donations-PD - 1,634.25 1,799.68 5,234.25 - (5,234.25) 0.00% 000-493503 Donations-Fire Rescue - - 21.00 000-493618 Donations-Veteran's Memorial 6,000.00 - 5,650.67 - - 6,000.00 0.00% 000-494481 LawEnforcemtOfficersStnd&Ed 3,900.00 - 3,850.98 3,679.47 - 220.53 94.35% 000-494482 Grants - Police, Fire, Gen Fund - 541.11 4,902.95 5,433.14 - (5,433.14) 0.00% 000-495100 Mobile Stage Rental Fees - 1,550.00 1,550.00 1,550.00 - (1,550.00) 0.00% 000-497000 Misc Income-Gen Fund 40,000.00 5,805.55 29,779.91 17,388.20 - 22,611.80 43.47% 000-497005 Schertz Magazine Advertising 190,000.00 41,375.00 141,525.00 145,525.00 - 44,475.00 76.59% 000-497100 Misc Income-Police 7,500.00 3,392.26 14,509.12 16,677.96 - (9,177.96) 222.37% 000-497150 Misc Income-Fire Department - - - 1,750.00 - (1,750.00) 0.00% 000-497200 Misc Income-Library 5,000.00 1,247.25 3,503.76 3,661.60 - 1,338.40 73.23% 000-497210 Misc Income-Library Copier 19,500.00 4,652.25 14,894.00 13,253.10 - 6,246.90 67.96% 000-497300 Misc Income-Animal Control - - 360.00 390.00 - (390.00) 0.00% 000-497400 Misc Income-Streets Dept.30,000.00 9,073.75 29,991.38 47,596.30 - (17,596.30) 158.65% 000-497500 Misc Income-TML Insurance 5,000.00 3,664.11 873.33 9,252.06 - (4,252.06) 185.04% 000-497550 Misc Income-TML Reimbursemt 20,000.00 7,013.90 11,610.09 10,866.33 - 9,133.67 54.33% 000-497600 Misc Income-Vending Mach.2,500.00 605.55 1,565.15 1,495.39 - 1,004.61 59.82% 000-498000 Reimbursmnt-Gen Fund 35,000.00 17,540.55 18,437.97 19,484.63 - 15,515.37 55.67% 000-498100 Reimbursmnt Fire - Training 3,500.00 - 4,360.00 7.00 - 3,493.00 0.20% 000-498105 Reimburmnt Police - DEA - 1,805.19 4,212.11 5,763.94 - (5,763.94) 0.00% 000-498107 Reimburmnt Police - Event - - 3,500.00 - - - 0.00% 000-498110 Reimbursmnt Fire - Emg. Acti-O 20,000.00 - 42,194.10 3,267.16 - 16,732.84 16.34% 000-498150 Reimbursemnt - Library 2,500.00 - - 4,673.27 - (2,173.27) 186.93% TOTAL Miscellaneous 488,700.00 175,326.41 409,657.94 449,078.46 - 39,642.54 91.89% TOTAL REVENUES 29,773,195.00 4,798,327.94 22,286,298.22 24,429,843.32 - 5,275,949.03 82.05% Cash in Bank Claim on Operating Cash Pool-Checking -$ Cash in Investments LOGIC Investment-General Fund 11,459,979.68 LOGIC Investment-Equip Replacement 74,608.95 LOGIC Investment-Veh Replacement 503,071.04 LOGIC Investment-Air Condi Replacment 273,775.26 CAPITAL ONE Investment-General Fund 1,378,507.12 Total Cash in Bank & Investments 13,836,523.89$ CASH IN BANK AND INVESTMENTS AS OF: JUNE 30th, 2017 GENERAL FUND OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP 2016-17 419,931 328,521 5,447,189 2,515,077 2,106,927 120,850 42,362 34,666 58,291 2015-16 360,300 303,202 4,754,503 3,709,486 888,174 211,253 50,559 54,867 27,116 21,347 10,866 8,696 2014-15 357,436 356,940 4,463,962 2,741,991 1,198,153 85,775 44,720 25,398 30,488 49,777 14,839 3,787 2013-14 363,589 538,568 3,641,091 2,726,044 585,058 72,116 16,554 48,791 18,572 20,939 10,460 7,446 2012-13 292,988 636,964 3,422,107 2,180,145 637,568 177,645 29,444 49,157 11,566 20,778 8,379 7,180 ADVALOREM TAX OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP 2016-17 574,470 758,598 580,171 560,431 747,281 486,739 432,444 669,542 553,540 2015-16 479,069 744,668 529,686 493,136 783,019 530,498 531,707 615,841 568,508 523,141 691,061 678,167 2014-15 495,499 638,904 505,026 421,339 795,382 450,965 494,050 723,404 465,966 496,241 759,879 508,305 2013-14 481,247 657,271 554,578 416,261 728,443 487,933 541,476 781,057 692,446 448,577 680,332 547,431 2012-13 659,150 575,041 474,246 424,191 632,716 415,829 405,378 660,648 544,675 563,636 650,124 487,170 -18.7 1.9% 13.2%-18.7% 8.7% $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 Sales Tax -General Fund OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP 2016-17 252,947 191,140 213,951 2015-16 237,314 183,530 173,336 178,081 2014-15 215,257 172,814 172,628 227,438 2013-14 133,486 115,592 176,520 213,412 2012-13 101,440 94,054 96,303 123,044 $- $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 CITY PUBLIC SERVICE 106-SPECIAL EVENTS FUND CURRENT CURRENT PRIOR CURRENT Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Fund Transfers 81,450.00 - - - - 81,450.00 0.00% Miscellaneous 114,900.00 34,556.19 33,138.81 73,393.03 - 41,506.97 63.88% TOTAL REVENUES 196,350.00 34,556.19 33,138.81 73,393.03 - 122,956.97 37.38% EXPENDITURE SUMMARY GENERAL GOVERNMENT Non Departmental 10,750.00 - - - - 10,750.00 0.00% TOTAL GENERAL GOVERNMENT 10,750.00 - - - - 10,750.00 0.00% CULTURAL Festival of Angels 13,000.00 - 11,871.69 10,912.90 - 2,087.10 83.95% Employee Appreciation Event 13,000.00 1,652.89 4,272.45 10,338.72 349.93 2,311.35 82.22% 4th of July Jubilee 26,000.00 4,212.50 - 4,212.50 1,008.25 20,779.25 20.08% National Night Out 300.00 - - - - 300.00 0.00% Wilenchik Walk for Life 25,000.00 9,116.32 3,732.92 12,620.00 - 12,380.00 50.48% Schertz Fest 30,000.00 - - 35.00 - 29,965.00 0.12% Schertz Sweetheart 34,250.00 10,109.29 15,182.10 13,431.64 (32.22) 20,850.58 39.12% Hal Baldwin Scholarship 20,050.00 5,000.00 14,247.75 14,047.17 7.60 5,995.23 70.10% Other Events 14,000.00 198.34 5,560.47 7,765.86 300.00 5,934.14 57.61% TOTAL CULTURAL 175,600.00 30,289.34 54,867.38 73,363.79 1,633.56 100,602.65 42.71% TOTAL EXPENDITURES 186,350.00 30,289.34 54,867.38 73,363.79 1,633.56 111,352.65 40.25% REVENUE OVER(UNDER) EXPEND 10,000.00 4,266.85 (21,728.57) 29.24 (1,633.56) 11,604.32 C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2017 ************************************************** 2 0 1 6 - 2 0 1 7 ************************************************** 106-SPECIAL EVENTS FUND CURRENT CURRENT PRIOR YEAR CURRENT Y-T-D BUDGET 75% OF REVENUES BUDGET QUARTER Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBR BALANCE BUDGET Fund Transfers 000-481000 Transfer from Reserves 10,750.00 - - - - 10,750.00 0.00% 000-481314 Transfer from Hotel/Motel - - - - - - 0.00% 000-486100 Transfer In 9,000.00 - - - - 9,000.00 0.00% 000-486101 Transfer In - General Fund 61,700.00 - - - - 61,700.00 0.00% TOTAL Fund Transfers 81,450.00 - - - - 81,450.00 0.00% Miscellaneous 000-491200 Investment Income - 46.19 55.81 123.03 - (123.03) 0.00% 000-492200 Wilenchik Walk for Life 25,000.00 1,210.00 14,513.00 12,620.00 - 12,380.00 50.48% 000-493256 Donations - Police Events 3,000.00 26,565.00 - 26,565.00 - (23,565.00) 885.50% 000-493000 July 4th Activities 31,000.00 - - - - 31,000.00 0.00% 000-493150 SchertzQ 35,000.00 - - - - 35,000.00 0.00% 000-493455 Proceeds-Festival of Angels - 5,030.00 720.00 5,615.00 - (5,615.00) 0.00% 000-493460 Schertz Sweetheart 850.00 1,705.00 1,240.00 1,705.00 - (855.00) 200.59% 000-493621 Hal Baldwin Scholarship 20,050.00 - 16,360.00 25,765.00 - (5,715.00) 128.50% 000-497000 Misc Income - - 250.00 1,000.00 - (1,000.00) 0.00% TOTAL Miscellaneous 114,900.00 34,556.19 33,138.81 73,393.03 - 41,506.97 63.88% TOTAL REVENUES 196,350.00 34,556.19 33,138.81 73,393.03 - 122,956.97 37.38% C I T Y O F S C H E R T Z ************************************************** 2 0 1 6 - 2 0 1 7 ************************************************** REVENUE REPORT (UNAUDITED) AS OF: JUNE 30, 2017 Cash in Bank Claim on Operating Cash Pool-Checking 53,406.50$ Cash in Investments Texas Class- Special Events 17,014.12 Total Cash in Bank & Investments 70,420.62$ CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2017 SPECIAL EVENTS FUND 110-PEG FUND CURRENT CURRENT PRIOR CURRENT Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Franchises 113,300.00 21,998.71 76,315.81 67,771.31 - 45,528.69 59.82% TOTAL REVENUES 113,300.00 21,998.71 76,315.81 67,771.31 - 45,528.69 59.82% EXPENDITURE SUMMARY GENERAL GOVERNMENT Non Departmental - - 864.99 - - - 0.00% TOTAL GENERAL GOVERNMENT - - 864.99 - - - 0.00% MISC & PROJECTS Projects 108,600.00 - 30,492.46 449.00 - 108,151.00 0.41% TOTAL MISC & PROJECTS 108,600.00 - 30,492.46 449.00 - 108,151.00 0.41% TOTAL EXPENDITURES 108,600.00 - 31,357.45 449.00 - 108,151.00 0.41% REVENUE OVER(UNDER) EXPEND 4,700.00 21,998.71 44,958.36 67,322.31 - (62,622.31) C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2016 ************************************************** 2 0 1 6 - 2 0 1 7 ************************************************** 110-PEG FUND CURRENT CURRENT PRIOR YEAR CURRENT Y-T-D BUDGET 75% OF REVENUES BUDGET QUARTER Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBR BALANCE BUDGET Franchises 000-421350 Time Warner - PEG Fee 50,000.00 13,330.73 50,406.06 39,887.09 - 10,112.91 79.77% 000-421465 AT&T PEG Fee 63,300.00 8,667.98 25,909.75 27,884.22 - 35,415.78 44.05% TOTAL Franchises 113,300.00 21,998.71 76,315.81 67,771.31 - 45,528.69 59.82% TOTAL REVENUES 113,300.00 21,998.71 76,315.81 67,771.31 - 45,528.69 59.82% C I T Y O F S C H E R T Z ************************************************** 2 0 1 6 - 2 0 1 7 ************************************************** REVENUE REPORT (UNAUDITED) AS OF: JUNE 30, 2016 Cash in Bank Cash Balance 621,979.35$ Total Cash in Bank & Investments 621,979.35$ CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2016 PEG FUND 202-WATER & SEWER CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Franchises 229,096.00 128,744.56 191,431.33 197,222 - 31,874.20 86.09% Permits - - 119,741.40 49,563.52 - (49,563.52) 0.00% Fees 19,219,995.00 5,241,018.27 13,853,344.19 15,604,285 - 3,615,709.86 81.19% Fund Transfers 1,681,081.00 34,230.00 64,980.00 68,460 - 1,612,621.00 4.07% Miscellaneous 163,047.00 44,853.40 49,280.60 379,912 - (216,865.31) 233.01% TOTAL REVENUES 21,293,219.00 5,448,846.23 14,278,777.52 16,299,442.77 - 4,993,776.23 76.55% EXPENDITURE SUMMARY NON DEPARTMENTAL Transfer to Public Improvements 699,161.00 - - - - 699,161.00 0.00% TOTAL NON DEPARTMENTAL 699,161.00 - - - - 699,161.00 0.00% BUSINESS OFFICE Personnel Services 472,754.00 99,617.21 312,705.68 318,319.95 - 154,434.05 67.33% Supplies 4,300.00 467.96 2,858.43 467.96 25.00 3,807.04 11.46% Human Services - - 201.00 203.00 - (203.00) 0.00% City Support Services 7,125.00 - - 27.50 - 7,097.50 0.39% Utility Services 700.00 226.63 451.15 391.64 - 308.36 55.95% Operations Support 140,500.00 26,240.53 100,578.91 83,999.67 88.78 56,411.55 59.85% Staff Support 7,050.00 1,264.47 3,374.35 2,498.34 43.30 4,508.36 36.05% Professional Services 85,000.00 28,451.74 75,495.59 86,379.94 - (1,379.94) 101.62% Maintenance Services 8,000.00 1,260.00 5,700.00 4,860.00 1,780.00 1,360.00 83.00% Operating Equipment 600.00 - - - 3,400.40 (2,800.40) 566.73% Capital Outlay - - 44,129.80 - - - 0.00% TOTAL BUSINESS OFFICE 726,029.00 157,528.54 545,494.91 497,148.00 5,337.48 223,543.52 69.21% ******************************************************* 2 0 1 6 - 2 0 1 7 ****************************************************** C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2017 202-WATER & SEWER CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET ******************************************************* 2 0 1 6 - 2 0 1 7 ****************************************************** C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2017 W & S ADMINISTRATION Personnel Services 1,161,362.00 338,476.47 862,520.27 785,994.69 - 375,367.31 67.68% Supplies 191,500.00 73,333.70 140,832.46 132,583.23 7,107.59 51,809.18 72.95% Human Services - 202.00 282.00 539.00 - (539.00) 0.00% City Support Services 99,500.00 20,849.82 45,114.81 64,271.87 - 35,228.13 64.59% Utility Services 3,504,060.00 834,136.07 2,344,253.04 2,251,929.99 105.00 1,252,025.01 64.27% Operations Support 11,500.00 1,314.68 5,784.99 4,002.06 14.39 7,483.55 34.93% Staff Support 27,350.00 7,526.22 19,045.21 13,992.74 1,046.78 12,310.48 54.99% City Assistance 2,000.00 540.00 1,293.00 1,337.00 - 663.00 66.85% Professional Services 179,729.00 107,704.50 131,315.52 210,894.36 21,298.32 (52,463.68) 129.19% Fund Charges/Transfers 4,467,025.00 831,637.60 3,010,881.50 3,646,388.49 - 820,636.51 81.63% Maintenance Services 7,558,090.00 1,996,640.58 5,183,663.90 5,434,511.62 6,630.83 2,116,947.55 71.99% Other Costs 35,000.00 - 27,160.20 36,605.45 - (1,605.45) 104.59% Debt Service 1,578,511.00 - 614,139.02 743,932.97 62,281.25 772,296.78 51.07% Rental-Leasing 144,500.00 - 2,623.19 23,501.89 - 120,998.11 16.26% Operating Equipment 3,500.00 515.00 - 515.00 399.98 2,585.02 26.14% Capital Outlay - - 32,904.13 - - - 0.00% TOTAL PUBLIC WORKS 18,963,627.00 4,212,876.64 12,421,813.24 13,351,000.36 98,884.14 5,513,742.50 70.92% MISC & PROJECTS PROJECTS Professional Services - 24,480.00 - 24,480.00 8,457.50 (32,937.50) 0.00% Maintenance Services 85,000.00 - - - - 85,000.00 0.00% TOTAL PROJECTS 85,000.00 24,480.00 - 24,480.00 8,457.50 52,062.50 38.75% SEWER PROJECT Professional Services 360,000.00 - - - - 360,000.00 0.00% Maintenance Services 400,000.00 - - - - 400,000.00 0.00% TOTAL SEWER PROJECTS 760,000.00 - - - - 760,000.00 0.00% TOTAL MISC & PROJECTS 845,000.00 24,480 - 24,480 8,458 812,063 3.90% TOTAL EXPENDITURES 21,233,817.00 4,394,885.18 12,967,308.15 13,872,628.36 112,679.12 7,248,509.52 65.86% ** REVENUE OVER(UNDER)EXPENSES **59,402.00 1,053,961.05 1,311,469.37 2,426,814.41 (112,679.12) (2,254,733.29) 202-WATER & SEWER CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF REVENUES BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Franchises 000-421490 Tower Leasing 229,096.00 128,744.56 191,431.33 197,221.80 - 31,874.20 86.09% TOTAL Franchises 229,096.00 128,744.56 191,431.33 197,221.80 - 31,874.20 86.09% Permits 000-432400 Development Permit - - 119,741.40 49,563.52 - (49,563.52) 0.00% TOTAL Permits - - 119,741.40 49,563.52 - (49,563.52) 0.00% Fees 000-455200 Garbage Collection Fee 4,270,000.00 1,181,998.85 3,307,987.58 3,461,879.71 - 808,120.29 81.07% 000-455600 Fire Line Fees 27,700.00 - 27,025.00 29,540.00 - (1,840.00) 106.64% 000-455700 Recycle Fee Revenue 284,000.00 74,077.22 212,731.76 220,829.71 - 63,170.29 77.76% 000-455800 W&S Line Constructn Reimbursemnt - 11,835.70 28,716.87 26,175.60 - (26,175.60) 0.00% 000-457100 Sale of Water 9,306,795.00 2,340,657.76 5,981,408.70 6,733,966.66 - 2,572,828.34 72.36% 000-457110 Edwards Water Lease 97,000.00 - 81,975.30 125,531.25 - (28,531.25) 129.41% 000-457120 Water Transfer Charge-Selma 42,000.00 6,560.83 42,186.19 24,641.14 - 17,358.86 58.67% 000-457130 Water Transfer Charge-U. C. - - 203.11 - - - 0.00% 000-457140 Water Transfer Charge-Converse - - 13,527.69 - - - 0.00% 000-457200 Sale of Meters 90,000.00 37,168.62 50,071.10 83,574.62 - 6,425.38 92.86% 000-457400 Sewer Charges 4,900,000.00 1,531,918.14 3,940,228.34 4,715,960.06 - 184,039.94 96.24% 000-457500 Water Penalties 200,000.00 56,176.15 165,632.55 180,336.39 - 19,663.61 90.17% 000-459200 NSF Check Fee-Water&Sewer 2,500.00 625.00 1,650.00 1,850.00 - 650.00 74.00% TOTAL Fees 19,219,995.00 5,241,018.27 13,853,344.19 15,604,285.14 - 3,615,709.86 81.19% Fund Transfers 000-481000 Transfer In- Reserve 1,544,161.00 - - - - 1,544,161.00 0.00% 000-486204 Interfnd Chrg-Drainage Bill 136,920.00 34,230.00 64,980.00 68,460.00 - 68,460.00 50.00% TOTAL Fund Transfers 1,681,081.00 34,230.00 64,980.00 68,460.00 - 1,612,621.00 4.07% ******************************************************* 2 0 1 6 - 2 0 1 7 ****************************************************** AS OF: JUNE 30, 2017 REVENUE REPORT (UNAUDITED) C I T Y O F S C H E R T Z 202-WATER & SEWER CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF REVENUES BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET ******************************************************* 2 0 1 6 - 2 0 1 7 ****************************************************** AS OF: JUNE 30, 2017 REVENUE REPORT (UNAUDITED) C I T Y O F S C H E R T Z Miscellaneous 000-490000 Misc Charges 500.00 - 398.00 279,951.71 - (279,451.71) 55990.34% 000-491000 Interest Earned 800.00 256.42 313.28 639.33 - 160.67 79.92% 000-491200 Investment Income 20,000.00 12,614.55 11,605.56 26,869.58 - (6,869.58) 134.35% 000-497000 Misc Income-W&S 15,000.00 4,907.98 7,584.92 9,282.12 - 5,717.88 61.88% 000-498110 Reimbursement-SSLGC 126,747.00 27,074.45 29,378.84 63,169.57 - 63,577.43 49.84% 000-498200 Reimbursement- W&S Project - - - - - - 0.00% TOTAL Miscellaneous 163,047.00 44,853.40 49,280.60 379,912.31 - (216,865.31) 233.01% TOTAL REVENUES 21,293,219.00 5,448,846.23 14,278,777.52 16,299,442.77 - 4,993,776.23 76.55% Cash in Bank Claim on Operating Cash Pool-Checking 136,758.76$ Cash in Investments Lone Star Investment-Water&Sewer 4,605,498.34 Lone Star Investment-W&S Customer Deposits 299,116.72 Lone Star Investment-W&S Equip Replacement 179,843.03 Lone Star Investment-W&S Veh Replacement 259,799.60 Schertz Bank & Trust-Certificate of Deposit 1,089,599.19 6,433,856.88$ Total Cash in Bank & Investments 6,570,615.64$ CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2017 WATER & SEWER 20 3 - E M S CU R R E N T C U R R E N T P R I O R Y E A R Y - T - D Y - T - D B U D G E T 7 5 % O F FI N A N C I A L S U M M A R Y B U D G E T Q U A R T E R Y - T - D A C T U A L A C T U A L E N C U M B R B A L A N C E B UDGET RE V E N U E S U M M A R Y Fe e s 6 , 5 8 0 , 3 3 5 . 0 0 1 , 0 6 9 , 4 4 2 . 4 0 4 , 1 6 9 , 1 5 4 . 1 4 4 , 0 1 0 , 0 0 6 . 3 0 - 2 , 5 7 0 , 3 2 8 . 7 0 6 0 . 9 4 % In t e r - J u r i s d i c t i o n a l 2 , 4 1 2 , 6 2 7 . 1 7 8 9 0 , 4 8 5 . 1 9 1 , 3 5 4 , 7 8 7 . 7 3 1 , 8 1 9 , 8 6 7 . 8 0 - 5 9 2 , 7 5 9 . 3 7 7 5 . 4 3 % Fu n d T r a n s f e r s - 5 5 0 , 0 0 0 . 0 0 - 5 5 0 , 0 0 0 . 0 0 - - 0 . 0 0 % Mi s c e l l a n e o u s 1 2 6 , 8 5 0 . 0 0 83 , 4 4 0 . 0 3 66 , 3 8 3 . 2 6 19 4 , 8 4 0 . 9 9 - (6 7 , 9 9 0 . 9 9 ) 153.60% TO T A L R E V E N U E S 9 , 1 1 9 , 8 1 2 . 1 7 2 , 5 9 3 , 3 6 7 . 6 2 5 , 5 9 0 , 3 2 5 . 1 3 6 , 5 7 4 , 7 1 5 . 0 9 - 3 , 0 9 5 , 0 9 7 . 0 8 7 2 . 0 9 % EX P E N D I T U R E S U M M A R Y PU B L I C S A F E T Y SC H E R T Z E M S Pe r s o n n e l S e r v i c e s 3 , 8 6 7 , 7 5 0 . 0 0 9 7 0 , 4 8 5 . 1 2 2 , 4 1 6 , 8 0 9 . 5 5 2 , 7 9 8 , 2 4 4 . 4 5 - 1 , 0 6 9 , 5 0 5 . 5 5 7 2 . 3 5 % Su p p l i e s 4 7 2 , 4 0 4 . 0 0 1 0 7 , 8 2 6 . 1 6 2 9 7 , 3 2 3 . 9 3 3 1 9 , 0 2 6 . 2 4 3 2 , 8 9 8 . 4 5 1 2 0 , 4 7 9 . 3 1 7 4 . 5 0 % Hu m a n S e r v i c e s - 4 1 3 . 0 0 3 6 2 . 5 0 6 5 1 . 0 0 2 8 8 . 0 0 ( 9 3 9 . 0 0 ) 0 . 0 0 % Ci t y S u p p o r t S e r v i c e s 7 5 , 8 5 0 . 0 0 1 0 0 . 0 0 1 6 , 8 5 4 . 0 3 5 1 , 4 7 5 . 2 0 1 , 4 1 8 . 4 5 2 2 , 9 5 6 . 3 5 6 9 . 7 3 % Ut i l i t y S e r v i c e s 1 2 8 , 6 0 0 . 0 0 2 9 , 7 9 6 . 0 7 6 1 , 1 0 2 . 8 7 7 5 , 6 2 0 . 6 6 - 5 2 , 9 7 9 . 3 4 5 8 . 8 0 % Op e r a t i o n s S u p p o r t 8 7 , 4 0 0 . 0 0 1 3 , 3 7 5 . 8 0 5 1 , 4 5 3 . 8 3 4 5 , 8 3 0 . 1 2 1 , 9 6 3 . 0 5 3 9 , 6 0 6 . 8 3 5 4 . 6 8 % St a f f S u p p o r t 7 5 , 2 5 0 . 0 0 1 8 , 3 5 6 . 2 7 5 2 , 0 2 1 . 9 4 3 9 , 6 5 4 . 3 1 4 , 5 9 3 . 1 5 3 1 , 0 0 2 . 5 4 5 8 . 8 0 % Ci t y A s s i s t a n c e 5 6 8 , 8 6 6 . 8 1 1 9 1 , 2 1 5 . 8 7 6 , 9 5 4 . 7 8 3 7 5 , 5 0 7 . 4 7 4 9 . 9 0 1 9 3 , 3 0 9 . 4 4 6 6 . 0 2 % Pr o f e s s i o n a l S e r v i c e s 1 3 0 , 0 0 0 . 0 0 2 1 , 6 5 7 . 5 7 8 3 , 5 8 8 . 3 0 7 6 , 9 5 1 . 9 7 8 , 2 5 0 . 0 0 4 4 , 7 9 8 . 0 3 6 5 . 5 4 % Fu n d C h a r g e s / T r a n s f e r s 2 , 9 8 3 , 0 3 9 . 0 0 5 0 1 , 0 1 2 . 1 0 1 , 6 8 3 , 7 9 8 . 6 1 1 , 7 5 2 , 6 1 4 . 5 3 - 1 , 2 3 0 , 4 2 4 . 4 7 5 8 . 7 5 % Ma i n t e n a n c e S e r v i c e s 5 6 , 3 2 0 . 0 0 1 , 7 2 0 . 0 0 2 2 , 0 8 2 . 9 4 1 6 , 0 1 0 . 0 4 8 6 0 . 0 0 3 9 , 4 4 9 . 9 6 2 9 . 9 5 % De b t S e r v i c e 2 7 1 , 3 7 5 . 0 0 - 7 , 7 2 2 . 6 1 5 , 6 4 8 . 7 2 - 2 6 5 , 7 2 6 . 2 8 2 . 0 8 % Re n t a l - L e a s i n g 8 1 , 5 4 1 . 0 0 1 7 , 3 8 5 . 2 1 5 2 , 1 5 5 . 6 3 5 2 , 7 3 5 . 1 4 1 7 , 3 8 5 . 2 1 1 1 , 4 2 0 . 6 5 8 5 . 9 9 % Op e r a t i n g E q u i p m e n t 1 2 5 , 5 0 0 . 0 0 4 , 2 3 8 . 8 1 3 6 , 7 5 2 . 0 1 1 1 , 8 6 0 . 7 0 1 6 , 2 5 4 . 1 0 9 7 , 3 8 5 . 2 0 2 2 . 4 0 % Ca p i t a l O u t l a y 80 , 0 0 0 . 0 0 - 86 4 , 1 3 1 . 3 6 34 , 5 1 0 . 0 0 8 , 3 1 5 . 0 0 37 , 1 7 5 . 0 0 53.53% TO T A L P U B L I C S A F E T Y 9 , 0 0 3 , 8 9 5 . 8 1 1 , 8 7 7 , 5 8 1 . 9 8 5 , 6 5 3 , 1 1 4 . 8 9 5 , 6 5 6 , 3 4 0 . 5 5 9 2 , 2 7 5 . 3 1 3 , 2 5 5 , 2 7 9 . 9 5 6 3 . 8 5 % TO T A L E X P E N D I T U R E S 9 , 0 0 3 , 8 9 5 . 8 1 1, 8 7 7 , 5 8 1 . 9 8 5, 6 5 3 , 1 1 4 . 8 9 5, 6 5 6 , 3 4 0 . 5 5 9 2 , 2 7 5 . 3 1 3, 2 5 5 , 2 7 9 . 9 5 63.85% ** R E V E N U E O V E R ( U N D E R ) E X P E N S E S * * 1 1 5 , 9 1 6 . 3 6 71 5 , 7 8 5 . 6 4 (6 2 , 7 8 9 . 7 6 ) 91 8 , 3 7 4 . 5 4 ( 9 2 , 2 7 5 . 3 1 ) (1 6 0 , 1 8 2 . 8 7 ) C I T Y O F S C H E R T Z RE V E N U E A N D E X P E N S E R E P O R T ( U N A U D I T E D ) AS O F : J U N E 3 0 , 2 0 1 7 ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2 0 1 6 - 2 0 1 7 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 20 3 - E M S CU R R E N T C U R R E N T P R I O R Y E A R Y - T - D Y - T - D B U D G E T 7 5 % O F RE V E N U E S B U D G E T Q U A R T E R Y - T - D A C T U A L A C T U A L E N C U M B R B A L A N C E B U D G E T Fe e s 00 0 - 4 5 6 1 0 0 A m b u l a n c e / M i l e a g e T r a n s p o r t 6 , 2 7 2 , 1 0 0 . 0 0 1 , 0 0 3 , 9 3 7 . 7 5 4 , 0 1 3 , 1 1 2 . 7 0 3 , 7 8 1 , 3 2 5 . 5 2 - 2 , 4 9 0 , 7 7 4 . 4 8 6 0 . 2 9 % 00 0 - 4 5 6 1 1 0 S u b s c r i p t i o n P r o g r a m F e e s 3 0 , 0 0 0 . 0 0 8 2 5 . 0 0 2 7 , 9 0 0 . 0 0 2 4 , 7 4 0 . 0 0 - 5 , 2 6 0 . 0 0 8 2 . 4 7 % 00 0 - 4 5 6 1 2 0 E M T C l a s s - F e e s 9 0 , 0 0 0 . 0 0 2 3 , 7 7 5 . 0 0 1 0 0 , 7 5 4 . 9 7 6 5 , 1 2 3 . 0 0 - 2 4 , 8 7 7 . 0 0 7 2 . 3 6 % 00 0 - 4 5 6 1 2 2 C E C l a s s - F e e s 2 2 , 0 0 0 . 0 0 1 4 , 2 2 5 . 0 0 - 1 4 , 2 2 5 . 0 0 - 7 , 7 7 5 . 0 0 6 4 . 6 6 % 00 0 - 4 5 6 1 3 0 I m m u n i z a t i o n F e e s 7 , 0 0 0 . 0 0 8 , 0 1 0 . 0 0 8 , 3 6 4 . 0 0 9 , 1 3 8 . 0 0 - ( 2 , 1 3 8 . 0 0 ) 1 3 0 . 5 4 % 00 0 - 4 5 6 1 4 0 B i l l i n g F e e s - E x t e r n a l 2 5 , 0 0 0 . 0 0 4 , 7 6 0 . 6 0 1 5 , 0 5 9 . 9 7 1 3 , 9 3 4 . 7 8 - 1 1 , 0 6 5 . 2 2 5 5 . 7 4 % 00 0 - 4 5 6 1 5 0 S t a n d b y F e e s 2 5 , 0 0 0 . 0 0 2 , 0 1 3 . 0 5 - 2 1 , 8 4 8 . 5 0 3 , 1 5 1 . 5 0 8 7 . 3 9 % 00 0 - 4 5 6 1 5 5 C o m m u n i t y S e r v i c e s S u p p o r t 1 0 9 , 2 3 5 . 0 0 1 1 , 8 9 6 . 0 0 - 7 9 , 6 2 1 . 5 0 2 9 , 6 1 3 . 5 0 7 2 . 8 9 % 00 0 - 4 5 8 1 1 0 S a l e s o f M e r c h a n d i s e - G o v D e a l - - 3 , 9 3 7 . 5 0 - - - 0 . 0 0 % 00 0 - 4 5 9 2 0 0 N S F C h e c k F e e - - 25 . 0 0 50 . 0 0 - (5 0 . 0 0 ) 0.00% TO T A L F e e s 6 , 5 8 0 , 3 3 5 . 0 0 1 , 0 6 9 , 4 4 2 . 4 0 4 , 1 6 9 , 1 5 4 . 1 4 4 , 0 1 0 , 0 0 6 . 3 0 - 2 , 5 7 0 , 3 2 8 . 7 0 6 0 . 9 4 % In t e r - J u r i s d i c t i o n a l 00 0 - 4 7 3 5 0 0 S e g u i n / G u a d a l u p e C o S u p p o r t 8 4 3 , 5 7 7 . 1 7 3 1 6 , 3 4 1 . 4 4 3 0 2 , 9 4 9 . 6 7 6 3 2 , 6 8 2 . 8 8 - 2 1 0 , 8 9 4 . 2 9 7 5 . 0 0 % 00 0 - 4 7 4 3 0 0 C i b o l o S u p p o r t 3 1 9 , 0 9 8 . 0 0 1 1 9 , 6 6 1 . 7 5 2 0 1 , 9 1 8 . 7 5 2 3 9 , 3 2 3 . 5 0 - 7 9 , 7 7 4 . 5 0 7 5 . 0 0 % 00 0 - 4 7 5 1 0 0 C o m a l C o E S D # 6 1 0 0 , 0 7 6 . 0 0 3 7 , 5 2 8 . 5 0 7 1 , 4 8 7 . 5 0 7 5 , 0 5 7 . 0 0 - 2 5 , 0 1 9 . 0 0 7 5 . 0 0 % 00 0 - 4 7 5 2 0 0 L i v e O a k S u p p o r t 2 0 6 , 9 5 6 . 0 0 7 7 , 6 0 8 . 5 0 1 5 2 , 0 0 9 . 2 8 1 5 5 , 2 1 7 . 0 0 - 5 1 , 7 3 9 . 0 0 7 5 . 0 0 % 00 0 - 4 7 5 3 0 0 U n i v e r s a l C i t y S u p p o r t 2 6 8 , 8 7 1 . 0 0 1 0 0 , 8 2 6 . 6 3 1 9 1 , 0 9 0 . 6 4 2 0 1 , 6 5 3 . 2 5 - 6 7 , 2 1 7 . 7 5 7 5 . 0 0 % 00 0 - 4 7 5 4 0 0 S e l m a S u p p o r t 1 0 6 , 6 5 6 . 0 0 3 9 , 9 9 6 . 0 0 5 7 , 1 3 1 . 2 5 7 9 , 9 9 2 . 0 0 - 2 6 , 6 6 4 . 0 0 7 5 . 0 0 % 00 0 - 4 7 5 5 0 0 S c h e r t z S u p p o r t 5 0 4 , 0 8 3 . 0 0 1 8 9 , 0 3 1 . 1 3 3 5 9 , 7 3 0 . 9 3 3 7 8 , 0 6 2 . 2 5 - 1 2 6 , 0 2 0 . 7 5 7 5 . 0 0 % 00 0 - 4 7 5 6 0 0 S a n t a C l a r a S u p p o r t 1 0 , 3 5 4 . 0 0 3 , 8 8 2 . 7 5 7 , 4 7 6 . 5 7 7 , 7 6 5 . 5 0 - 2 , 5 8 8 . 5 0 7 5 . 0 0 % 00 0 - 4 7 5 8 0 0 M a r i o n S u p p o r t 1 4 , 9 5 6 . 0 0 5 , 6 0 8 . 5 0 1 0 , 9 9 3 . 1 4 1 1 , 2 1 7 . 0 0 - 3 , 7 3 9 . 0 0 7 5 . 0 0 % 00 0 - 4 7 5 9 1 0 T A S P P P r o g r a m 3 8 , 0 0 0 . 0 0 - - 38 , 8 9 7 . 4 2 - (8 9 7 . 4 2 ) 102.36% TO T A L I n t e r - J u r i s d i c t i o n a l 2 , 4 1 2 , 6 2 7 . 1 7 8 9 0 , 4 8 5 . 1 9 1 , 3 5 4 , 7 8 7 . 7 3 1 , 8 1 9 , 8 6 7 . 8 0 - 5 9 2 , 7 5 9 7 5 . 4 3 % Fu n d T r a n s f e r s 00 0 - 4 8 6 1 0 0 T r a n s f e r I n - 55 0 , 0 0 0 . 0 0 - 55 0 , 0 0 0 . 0 0 - - 0.00% TO T A L F u n d T r a n s f e r s - 5 5 0 , 0 0 0 . 0 0 - 5 5 0 , 0 0 0 . 0 0 - - 0 . 0 0 % C I T Y O F S C H E R T Z RE V E N U E R E P O R T ( U N A U D I T E D ) AS O F : J U N E 3 0 , 2 0 1 7 *** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2 0 1 6 - 2 0 1 7 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 20 3 - E M S CU R R E N T C U R R E N T P R I O R Y E A R Y - T - D Y - T - D B U D G E T 7 5 % O F RE V E N U E S B U D G E T Q U A R T E R Y - T - D A C T U A L A C T U A L E N C U M B R B A L A N C E B U D G E T C I T Y O F S C H E R T Z RE V E N U E R E P O R T ( U N A U D I T E D ) AS O F : J U N E 3 0 , 2 0 1 7 *** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2 0 1 6 - 2 0 1 7 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mi s c e l l a n e o u s 00 0 - 4 9 1 0 0 0 I n t e r e s t E a r n e d 1 0 0 . 0 0 2 8 . 0 9 6 6 . 5 4 7 9 . 2 2 - 2 0 . 7 8 7 9 . 2 2 % 00 0 - 4 9 1 2 0 0 I n v e s t m e n t I n c o m e 7 5 0 . 0 0 3 1 6 . 2 2 5 5 8 . 2 4 7 2 1 . 5 9 - 2 8 . 4 1 9 6 . 2 1 % 00 0 - 4 9 3 2 0 3 D o n a t i o n s - E M S 2 , 0 0 0 . 0 0 - 5 3 1 . 1 5 1 5 0 . 0 0 - 1 , 8 5 0 . 0 0 7 . 5 0 % 00 0 - 4 9 3 2 0 5 D o n a t i o n s - G o l f T o u r n a m e n t 9 , 0 0 0 . 0 0 1 0 , 0 6 0 . 0 0 1 1 , 4 8 5 . 0 0 1 0 , 0 6 0 . 0 0 - ( 1 , 0 6 0 . 0 0 ) 1 1 1 . 7 8 % 00 0 - 4 9 5 1 0 0 U H G r a n t P r o g r a m 9 0 , 0 0 0 . 0 0 3 6 , 3 1 6 . 7 6 - 9 9 , 5 7 9 . 0 3 - ( 9 , 5 7 9 . 0 3 ) 1 1 0 . 6 4 % 00 0 - 4 9 7 0 0 0 M i s c I n c o m e 1 5 , 0 0 0 . 0 0 1 5 , 6 9 5 . 2 4 4 5 , 5 0 9 . 1 4 4 0 , 5 6 6 . 8 8 - ( 2 5 , 5 6 6 . 8 8 ) 2 7 0 . 4 5 % 00 0 - 4 9 7 1 0 0 R e c o v e r y o f B a d D e b t 1 0 , 0 0 0 . 0 0 21 , 0 2 3 . 7 2 8, 2 3 3 . 1 9 43 , 6 8 4 . 2 7 - (3 3 , 6 8 4 . 2 7 ) 436.84% TO T A L M i s c e l l a n e o u s 1 2 6 , 8 5 0 . 0 0 8 3 , 4 4 0 . 0 3 6 6 , 3 8 3 . 2 6 1 9 4 , 8 4 0 . 9 9 - ( 6 7 , 9 9 0 . 9 9 ) 1 5 3 . 6 0 % TO T A L R E V E N U E S 9 , 1 1 9 , 8 1 2 . 1 7 2 , 5 9 3 , 3 6 7 . 6 2 5 , 5 9 0 , 3 2 5 . 1 3 6 , 5 7 4 , 7 1 5 . 0 9 - 3 , 0 9 5 , 0 9 7 . 0 8 7 2 . 0 9 % Ca s h i n B a n k Cl a i m o n O p e r a t i n g C a s h P o o l - C h e c k i n g 1 8 6 , 4 4 0 . 8 2 $ Ca s h i n I n v e s t m e n t s Te x a s C l a s s - T a x N o t e 2 0 1 5 A m b u l a n c e s 8 9 , 7 5 2 . 3 9 To t a l C a s h i n B a n k & I n v e s t m e n t s 2 7 6 , 1 9 3 . 2 1 $ CA S H I N B A N K A N D I N V E S T M E N T S AS O F : J U N E 3 0 , 2 0 1 7 SC H E R T Z E M S 204-DRAINAGE CURRENT CURRENT PRIOR YEAR CURRENT Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Permits 3,000.00 800.00 2,280.00 2,080 - 920.00 69.33% Fees 1,141,000.00 287,780.79 837,158.15 857,150 - 283,850.02 75.12% Fund Transfers 484,000.00 - - - - 484,000.00 0.00% Miscellaneous 4,200.00 4,169.38 4,795.95 11,503 - (7,302.97) 273.88% TOTAL REVENUES 1,632,200.00 292,750.17 844,234.10 870,732.95 - 761,467.05 53.35% EXPENDITURE SUMMARY PUBLIC WORKS DRAINAGE Personnel Services 301,780.00 40,922.35 298,220.66 266,854.89 - 34,925.11 88.43% Supplies 4,200.00 1,023.71 2,414.58 2,462.24 885.99 851.77 79.72% City Support Services 5,180.00 - 2,703.95 4,576.16 - 603.84 88.34% Utility Services 16,200.00 5,308.38 7,735.89 11,913.28 383.00 3,903.72 75.90% Operations Support 700.00 - - - - 700.00 0.00% Staff Support 7,000.00 1,579.80 2,527.62 4,357.77 31.73 2,610.50 62.71% City Assistance 400.00 287.00 120.00 287.00 - 113.00 71.75% Professional Services 48,720.00 31,850.00 14,500.00 33,350.00 - 15,370.00 68.45% Fund Charges/Transfers 428,134.00 106,783.50 160,929.76 320,350.50 - 107,783.50 74.82% Maintenance Services 13,600.00 3,696.03 22,030.86 5,356.21 102.66 8,141.13 40.14% Other costs 200.00 - 100.00 100.00 - 100.00 50.00% Debt Service 120,150.00 - 6,327.18 5,040.40 - 115,109.60 4.20% Operating Equipment 6,500.00 4,299.23 4,594.98 4,659.23 1,079.94 760.83 88.29% Capital Outlay - - 50,063.72 - - - 0.00% TOTAL DRAINAGE 952,764.00 195,750.00 572,269.20 659,307.68 2,483.32 290,973.00 69.46% PROJECTS City Support Services 43,389.00 - - - - 43,389.00 0.00% Operations Support 611.00 - - - - 611.00 0.00% Professional Services 71,640.00 44,420.00 - 44,420.00 27,220.00 - 100.00% Maintenance Services 538,360.00 - 13.59 - - 538,360.00 0.00% Capital Outlay - - 33,700.00 - - - 0.00% TOTAL PROJECTS 654,000.00 44,420.00 33,713.59 44,420.00 27,220.00 582,360.00 10.95% TOTAL EXPENDITURES 1,606,764.00 240,170.00 605,982.79 703,727.68 29,703.32 873,333.00 45.65% ** REVENUE OVER(UNDER) EXPEND 25,436.00 52,580.17 167,005.27 C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2017 **************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** 204-DRAINAGE CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 75% OF REVENUES BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Permits 000-432400 Floodplain Permit 3,000.00 800.00 2,280.00 2,080.00 - 920.00 69.33% TOTAL Permits 3,000.00 800.00 2,280.00 2,080.00 - 920.00 69.33% Fees 000-457500 Drainage Penalties 10,000.00 2,357.43 7,076.42 7,299.53 - 2,700.47 73.00% 000-457600 Drainage Fee 1,131,000.00 285,423.36 830,081.73 849,850.45 - 281,149.55 75.14% TOTAL Fees 1,141,000.00 287,780.79 837,158.15 857,149.98 - 283,850.02 75.12% Fund Transfers 000-481000 Transfer In 484,000.00 - - - - 484,000.00 0.00% TOTAL Funds Transfers 484,000.00 - - - - 484,000 0.00% Miscellaneous 000-491000 Interest Earned 100.00 24.61 58.59 78.12 - 21.88 78.12% 000-491200 Investment Interest 4,000.00 4,132.77 4,737.36 10,557.85 - (6,557.85) 263.95% 000-497000 Misc Income-Drainage 100.00 12.00 - 867.00 - (767.00) 867.00% TOTAL Miscellaneous 4,200.00 4,169.38 4,795.95 11,502.97 - (7,302.97) 273.88% TOTAL REVENUES 1,632,200.00 292,750.17 844,234.10 870,732.95 - 761,467.05 53.35% C I T Y O F S C H E R T Z **************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** REVENUE REPORT (UNAUDITED) AS OF: JUNE 30, 2017 Cash in Bank Claim on Operating Cash Pool-Checking 171,044.66 Cash in Investments Lone Star Investment-Drainage Maint Fund 926,141.15 Total Cash in Bank & Investments 1,097,185.81$ DRAINAGE CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2017 314-HOTEL TAX CURRENT CURRENT PRIOR YEAR CURRENT Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Taxes 609,302.00 142,644.82 355,899.83 339,787.96 - 269,514.04 55.77% Miscellaneous 2,150.00 3,145.16 2,273.30 7,979.55 - (5,829.55) 371.14% TOTAL REVENUES 611,452.00 145,789.98 358,173.13 347,767.51 - 263,684.49 56.88% EXPENDITURE SUMMARY NONDEPARTMENTAL City Support Services 67,165.00 8,049.00 43,472.00 66,506.22 - 658.78 99.02% Operations Support 66,425.00 6,168.13 14,910.50 31,651.97 - 34,773.03 47.65% Professional Services 3,000.00 - 3,000.00 3,000.00 - - 100.00% Fund Charges/Transfers 114,405.00 16,601.25 - 49,803.75 - 64,601.25 43.53% Maintenance Services 10,000.00 2,950.00 5,555.00 3,511.94 - 6,488.06 35.12% Operating Equipment - - - - (1,176.40) 1,176.40 0.00% TOTAL NONDEPARTMENTAL 260,995.00 33,768.38 66,937.50 154,473.88 (1,176.40) 107,697.52 58.74% TOTAL EXPENDITURES 260,995.00 33,768.38 66,937.50 154,473.88 (1,176.40) 107,697.52 58.74% REVENUE OVER(UNDER) EXPENDITURE 350,457.00 193,293.63 C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2017 **************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** Cash in Bank Claim on Operating Cash Pool-Checking 156,188.03$ Cash in Investments Texas Class - Hotel Tax 1,191,409.09 Total Cash in Bank & Investments 1,347,597.12$ CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2017 HOTEL OCCUPANCY TAX FUND OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP 2016-17 33,917 33,203 30,940 32,131 33,710 51,467 47,698 43,479 55,151 2015-16 40,800 40,351 38,394 34,516 39,732 54,142 49,741 45,524 51,636 68,491 48,302 33,241 2014-15 44,724 42,229 35,309 33,055 46,037 58,530 43,715 43,525 53,346 72,297 51,772 39,195 2013-14 40,023 40,709 33,342 29,778 36,680 56,699 48,081 49,579 54,858 67,329 57,399 34,297 2012-13 35,851 39,439 32,392 32,120 31,531 49,811 39,900 39,692 54,395 61,999 51,840 34,297 $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 HOTEL OCCUPANCY TAX 317-PARK CURRENT CURRENT PRIOR YEAR CURRENT Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Parkland Dedication Fees 145,000.00 1,000.00 130,000.00 98,000 - 47,000.00 67.59% Miscellaneous 45,700.00 903.98 1,176.08 2,413 - 43,286.98 5.28% TOTAL REVENUES 190,700.00 1,903.98 131,176.08 100,413.02 - 90,286.98 52.65% EXPENDITURE SUMMARY PARKLAND DEDICATION Operating Equipment 22,700.00 10,171.00 750.00 14,176.00 4,630.00 3,894.00 82.85% Capital Outlay 168,000.00 - 22,857.00 - - 168,000.00 0.00% TOTAL PARKLAND DEDICATION 190,700.00 10,171.00 23,607.00 14,176.00 4,630.00 171,894.00 9.86% TOTAL EXPENDITURES 190,700.00 10,171.00 23,607.00 14,176.00 4,630.00 171,894.00 9.86% REVENUE OVER(UNDER) EXPEND - 86,237.02 C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2017 *********************************************** 2 0 1 6 - 2 0 1 7 *********************************************** 317-PARK CURRENT CURRENT PRIOR YEAR CURRENT Y-T-D BUDGET 75% OF REVENUES BUDGET QUARTER Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBRANCE BALANCE BUDGET Fees 000-458800 Parkland Dedication 145,000.00 1,000.00 130,000.00 98,000.00 - 47,000.00 67.59% TOTAL Fees 145,000.00 1,000.00 130,000.00 98,000.00 - 47,000.00 67.59% Miscellaneous 000-491000 Interest Earned 250.00 10.03 97.46 31.52 - 218.48 12.61% 000-491200 Investment Interest 1,000.00 893.95 208.50 2,381.50 - (1,381.50) 238.15% 000-497000 Misc Income - - 870.12 - - - 0.00% 000-499100 Transfer From Parks Reserve 44,450.00 - - - - 44,450.00 0.00% TOTAL Miscellaneous 45,700.00 903.98 1,176.08 2,413.02 - 43,286.98 5.28% TOTAL REVENUES 190,700.00 1,903.98 131,176.08 100,413.02 - 90,286.98 52.65% C I T Y O F S C H E R T Z *********************************************** 2 0 1 6 - 2 0 1 7 *********************************************** REVENUE REPORT (UNAUDITED) AS OF: JUNE 30, 2017 Cash in Bank Claim on Operating Cash Pool-Checking $101,606.39 Cash in Investments Texas Class- Park Fund 329,352.29 Total Cash in Bank & Investments $430,958.68 CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2017 PARK FUND 319-TREE MITIGATION CURRENT CURRENT PRIOR YEAR CURRENT Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Tree Mitigation Fees 85,300.00 2,935.00 41,267.50 60,665 - 24,634.70 71.12% Fund Transfers 54,950.00 - - - - 54,950.00 0.00% Miscellaneous 1,750.00 849.37 1,102.04 2,308 - (557.94) 131.88% TOTAL REVENUES 142,000.00 3,784.37 42,369.54 62,973.24 - 79,026.76 44.35% EXPENDITURE SUMMARY TREE MITIGATION Maintenance Services-Trees 142,000.00 40,177.50 67,189.00 85,901.00 - 56,099.00 60.49% TOTAL TREE MITIGATION 142,000.00 40,177.50 67,189.00 85,901.00 - 56,099.00 60.49% TOTAL EXPENDITURES 142,000.00 40,177.50 67,189.00 85,901.00 - 56,099.00 60.49% REVENUE OVER(UNDER) EXPEND - (36,393.13) (24,819.46) (22,927.76) - 22,927.76 C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30,2017 *************************************************** 2 0 1 6 - 2 0 1 7 *************************************************** 319-TREE MITIGATION CURRENT CURRENT PRIOR YEAR CURRENT Y-T-D BUDGET 75% OF REVENUES BUDGET QUARTER Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBRANCE BALANCE BUDGET Fees 000-458900 Tree Mitigation 85,300.00 2,935.00 41,267.50 60,665.30 - 24,634.70 71.12% TOTAL Fees 85,300.00 2,935.00 41,267.50 60,665.30 - 24,634.70 71.12% Fund Transfers 000-481000 Transfer In - Reserves 54,950.00 - - - - 54,950.00 0.00% TOTAL Fund Transfers 54,950.00 - - - - 54,950.00 0.00% Miscellaneous 000-491000 Interest Earned 250.00 4.00 23.21 11.48 - 238.52 4.59% 000-491200 Investment Interest 1,500.00 845.37 1,078.83 2,296.46 - (796.46) 153.10% TOTAL Miscellaneous 1,750.00 849.37 1,102.04 2,307.94 - (557.94) 131.88% TOTAL REVENUES 142,000.00 3,784.37 42,369.54 62,973.24 - 79,026.76 44.35% C I T Y O F S C H E R T Z *************************************************** 2 0 1 6 - 2 0 1 7 *************************************************** REVENUE REPORT (UNAUDITED) AS OF: JUNE 30,2017 Cash in Bank Claim on Operating Cash Pool-Checking $6,017.32 Cash in Investments MBIA Investment-Tree Mitigation 311,441.37 Total Cash in Bank & Investments $317,458.69 CASH IN BANK AND INVESTMENTS AS OF: JUNE 30,2017 TREE MITIGATION FUND 411-CAPITAL RECOVERY WATER CURRENT CURRENT PRIOR YEAR CURRENT Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Fees 1,020,000.00 434,232.00 698,292.00 1,063,575 - (43,575.00) 104.27% Fund Transfers - - - - - - 0.00% Miscellaneous 20,600.00 10,132.14 15,791.40 24,206 - (3,606.48) 117.51% TOTAL REVENUES 1,040,600.00 444,364.14 714,083.40 1,087,781.48 - (47,181.48) 104.53% EXPENDITURE SUMMARY GENERAL GOVERNMENT NONDEPARTMENTAL Professional Services 156,000.00 - 1,000.00 1,000.00 - 155,000.00 0.64% TOTAL NON DEPARTMENTAL 156,000.00 - 1,000.00 1,000.00 - 155,000.00 0.64% MISC & PROJECTS PROJECTS Fund Charges/Transfers - - 366,594.84 - - - 0.00% TOTAL MISC & PROJECTS - - 366,594.84 - - - 0.00% TOTAL EXPENDITURES 156,000.00 - 367,594.84 1,000.00 - 155,000.00 0.64% REVENUE OVER(UNDER) EXPENDITURES 884,600.00 444,364.14 346,488.56 1,086,781.48 - (202,181.48) C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2017 ******************************************************* 2 0 1 6 - 2 0 1 7 ******************************************************* 411-CAPITAL RECOVERY WATER CURRENT CURRENT PRIOR YEAR CURRENT Y-T-D BUDGET 75% OF REVENUES BUDGET QUARTER Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBR BALANCE BUDGET Fees 000-455900 Capital Recovery - Water 1,020,000.00 434,232.00 698,292.00 1,063,575.00 - (43,575.00) 104.27% TOTAL Fees 1,020,000.00 434,232.00 698,292.00 1,063,575.00 - (43,575.00) 104.27% Miscellaneous 000-491000 Interest Earned 600.00 26.03 437.28 126.09 - 473.91 21.02% 000-491200 Investment Income 20,000.00 10,106.11 15,354.12 24,080.39 - (4,080.39) 120.40% TOTAL Miscellaneous 20,600.00 10,132.14 15,791.40 24,206.48 - (3,606.48) 117.51% TOTAL REVENUES 1,040,600.00 444,364.14 714,083.40 1,087,781.48 - (47,181.48) 104.53% C I T Y O F S C H E R T Z ******************************************************* 2 0 1 6 - 2 0 1 7 ******************************************************* REVENUE REPORT (UNAUDITED) AS OF: JUNE 30, 2017 Cash in Bank Claim on Operating Cash Pool-Checking 413,746.17$ Cash in Investments Lone Star Investment-Capital Recovery Water 4,047,550.92 Total Cash in Bank & Investments 4,461,297.09$ CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2017 CAPITAL RECOVERY WATER 421-CAPITAL RECOVERY SEWER CURRENT CURRENT PRIOR YEAR CURRENT Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Fees 600,000.00 300,246.60 359,941.89 568,336 - 31,664.40 94.72% Miscellaneous 25,500.00 12,307.30 27,668.26 20,104 - 5,396.38 78.84% TOTAL REVENUES 625,500.00 312,553.90 387,610.15 588,439.22 - 37,060.78 94.08% EXPENDITURE SUMMARY GENERAL GOVERNMENT NONDEPARTMENTAL Professional Services 85,500.00 1,088.23 4,246.63 4,263.72 - 81,236.28 4.99% TOTAL NON DEPARTMENTAL 85,500.00 1,088.23 4,246.63 4,263.72 - 81,236.28 4.99% MISC & PROJECTS Professional Services 150,000.00 - - - - 150,000.00 0.00% TOTAL MISC & PROJECTS 150,000.00 - - - - 150,000.00 0.00% TOTAL EXPENDITURES 235,500.00 1,088.23 4,246.63 4,263.72 - 231,236.28 1.81% REVENUE OVER(UNDER) EXPENDITURES 390,000.00 311,465.67 383,363.52 584,175.50 - C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2017 ******************************************************* 2 0 1 6 - 2 0 1 7 ******************************************************* 421-CAPITAL RECOVERY SEWER CURRENT CURRENT PRIOR YEAR CURRENT Y-T-D BUDGET 75% OF REVENUES BUDGET QUARTER Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBR BALANCE BUDGET Fees 000-455910 Capital Recovery - Waste Wtr 600,000.00 287,646.60 327,541.89 544,935.60 - 55,064.40 90.82% 000-455913 Cap Recovery-North Sewer Tr - 12,600.00 32,400.00 23,400.00 - (23,400.00) 0.00% TOTAL Fees 600,000.00 300,246.60 359,941.89 568,335.60 - 31,664.40 94.72% Miscellaneous 000-491000 Interest Earned 500.00 34.49 296.95 96.64 - 403.36 19.33% 000-491200 Investment Income 25,000.00 16,294.83 33,959.48 44,893.26 - (19,893.26) 179.57% 000-491800 Gain/Loss - (9,396.49) (35,426.62) (12,928.67) - 12,928.67 0.00% 000-491900 Unrealized Gain/Loss-Cap One - 5,374.47 28,838.45 (11,957.61) - 11,957.61 0.00% TOTAL Miscellaneous 25,500.00 12,307.30 27,668.26 20,103.62 - 5,396.38 78.84% TOTAL REVENUES 625,500.00 312,553.90 387,610.15 588,439.22 - 37,060.78 94.08% C I T Y O F S C H E R T Z ******************************************************* 2 0 1 6 - 2 0 1 7 ******************************************************* REVENUE REPORT (UNAUDITED) AS OF: JUNE 30, 2017 Cash in Bank Claim on Operating Cash Pool-Checking 425,171.71$ Cash in Investments Lone Star Investment-Capital Recovery Sewer 3,235,975.69 Capital One-Investment 1,761,431.02 Total Cash in Bank & Investments 5,422,578.42$ CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2017 CAPITAL RECOVERY SEWER 505-TAX I&S CURRENT CURRENT PRIOR YEAR CURRENT Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Taxes 6,102,433.00 87,210.63 5,777,515.17 6,108,623.22 - (6,190.22) 100.10% Fund Transfers 40,860.00 - - - - 40,860.00 0.00% Miscellaneous 471,288.00 394,930.60 4,547,102.99 503,006.16 - (31,718.16) 106.73% TOTAL REVENUES 6,614,581.00 482,141.23 10,324,618.16 6,611,629.38 - 2,951.62 99.96% EXPENDITURE SUMMARY GENERAL GOVERNMENT NONDEPARTMENTAL Professional Services 102,500.00 - 83,574.23 1,550.00 - 100,950.00 1.51% Debt Service 6,512,081.00 - 4,411,781.19 5,329,583.69 - 1,182,497.31 81.84% Other Financing Sources - - 4,220,709.38 - - - 0.00% TOTAL GENERAL GOVERNMENT 6,614,581.00 - 8,716,064.80 5,331,133.69 - 1,283,447.31 80.60% - TOTAL EXPENDITURES 6,614,581.00 - 8,716,064.80 5,331,133.69 - 1,283,447.31 80.60% ** REVENUE OVER(UNDER) EXPEND - 1,280,495.69 C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2017 ****************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** 505-TAX I & S CURRENT CURRENT PRIOR YEAR CURRRENT Y-T-D BUDGET 75% OF REVENUES BUDGET QUARTER Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBR BALANCE BUDGET Taxes 000-411900 Property Tax Revenue 6,102,433.00 87,210.63 5,777,515.17 6,108,623.22 - (6,190.22) 100.10% TOTAL Taxes 6,102,433.00 87,210.63 5,777,515.17 6,108,623.22 - (6,190.22) 100.10% 000-486000 Transfer From Reserves 40,860.00 - - - - 40,860.00 0.00% TOTAL Fund Transfers 40,860.00 - - - - 40,860.00 0.00% Miscellaneous 000-491000 Interest Earned 500.00 34.14 256.48 163.49 - 336.51 32.70% 000-491200 Investment Earnings 4,000.00 33,877.71 5,727.76 41,823.92 - (37,823.92) 1045.60% 000-495015 Contribution from SED 366,788.00 361,018.75 356,118.75 361,018.75 - 5,769.25 98.43% 000-495020 Contribution from YMCA 100,000.00 - - 100,000.00 - - 100.00% 000-498000 Proceeds From Refunding Debt - - 4,185,000.00 - - - 0.00% TOTAL Miscellaneous 471,288.00 394,930.60 4,547,102.99 503,006.16 - (31,718.16) 106.73% TOTAL REVENUES 6,614,581.00 482,141.23 10,324,618.16 6,611,629.38 - 2,951.62 99.96% C I T Y O F S C H E R T Z ****************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** REVENUE REPORT (UNAUDITED) AS OF: JUNE 30, 2017 505-TAX I & S GENERAL GOVERNMENT CURRENT CURRENT PRIOR YEAR CURRENT Y-T-D BUDGET 75% OF NON DEPARTMENTAL BUDGET QUARTER Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBR BALANCE BUDGET Professional Services 101-541500 Paying Agent 2,500.00 - 1,350.00 1,550.00 - 950.00 62.00% 101-541502 Cost of Bond Issuance 100,000.00 - 82,224.23 - - 100,000.00 0.00% TOTAL Professional Services 102,500.00 - 83,574.23 1,550.00 - 100,950.00 1.51% Debt Service 101-555612 Bond-GO Refunding 2010-Principal 285,000.00 - 275,000.00 285,000.00 - - 100.00% 101-555612.1 Bond-GO Refunding 2010 Interest 47,025.00 - 29,775.00 25,650.00 - 21,375.00 54.55% 101-555626 LS&D SR2006-Principal - - 394,772.50 - - - 0.00% 101-555626.1 LS&D SR2006-Interest - - 0.01 - - - 0.00% 101-555628 CO Bond 2007-Principal - - - - - - 0.00% 101-555628.1 CO Bond 2007-Interest - - 2,461.75 - - - 0.00% 101-555629 GO Bond 2007-Principal 280,000.00 - 264,944.60 280,000.00 - - 100.00% 101-555629.1 GO Bond 2007-Interest 147,945.00 - 82,214.00 76,821.25 - 71,123.75 51.93% 101-555630 GO Bond SR2008 Principal 460,000.00 - 440,000.00 460,000.00 - - 100.00% 101-555630.1 GO Bond SR2008 Interest 278,362.00 - 153,016.50 143,930.50 - 134,431.50 51.71% 101-555631 GO Bond SR2009 Principal 550,000.00 - 540,000.00 550,000.00 - - 100.00% 101-555631.1 BO Bond SR2009 Interest 266,325.00 - 145,387.50 137,287.50 - 129,037.50 51.55% 101-555633 GO SR2011 Principal 235,000.00 - 225,000.00 235,000.00 - - 100.00% 101-555633.1 GO SR2011 Interest 334,763.00 - 172,518.75 169,143.75 - 165,619.25 50.53% 101-555634 GO SR2011A Refund Principal 620,000.00 - 605,000.00 620,000.00 - - 100.00% 101-555634.1 GO SR2011A Refund Interest 102,404.00 - 61,861.50 54,813.25 - 47,590.75 53.53% 101-555635 GO SR2012 Principal 320,000.00 - 310,000.00 320,000.00 - - 100.00% 101-555635.1 GO SR2012 Interest 181,755.00 - 100,363.75 94,357.50 - 87,397.50 51.91% 101-555636 Tax Note - SR2013 - Principal 170,000.00 - 170,000.00 170,000.00 - - 100.00% 101-555636.1 Tax Note - SR2013 - Interest 3,995.00 - 3,400.00 2,550.00 - 1,445.00 63.83% 101-555637 Tax Note - SR 2013A - Principal 160,000.00 - 160,000.00 160,000.00 - - 100.00% 101-555637.1 Tax Note - SR2013 - Interest 3,185.00 - 3,152.51 2,112.50 - 1,072.50 66.33% 101-555638 Bond-GO 2014 Refund-Principal 100,000.00 - 100,000.00 100,000.00 - - 100.00% 101-555638.1 Bond-GO 2014 Refund-Interest 292,275.00 - 147,637.50 146,637.50 - 145,637.50 50.17% 101-555639 Tax Note - SR2015 - Principal 35,000.00 - - - - 35,000.00 0.00% 101-555639.1 Tax Note - SR2015 - Interest 3,150.00 - 1,875.17 1,564.26 - 1,585.74 49.66% 101-555640 Bond-Ref 2015 Bond- Principal 450,000.00 - 80,000.00 450,000.00 - - 100.00% 101-555640.1 Bond-GO Ref 2015- Interest 102,125.00 - 27,056.25 53,312.50 - 48,812.50 52.20% C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2017 ****************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** 505-TAX I & S GENERAL GOVERNMENT CURRENT CURRENT PRIOR YEAR CURRENT Y-T-D BUDGET 75% OF NON DEPARTMENTAL BUDGET QUARTER Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBR BALANCE BUDGET C I T Y O F S C H E R T Z REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2017 ****************************************************** 2 0 1 6 - 2 0 1 7 **************************************************** - 101-555641 Tax Note - SR2015A - Principal 145,000.00 - - - - 145,000.00 0.00% 101-555641.1 Tax Note - SR2015A - Interest 13,783.00 - - 6,859.42 - 6,923.58 49.77% 101-555642 GO Bond SR2016 Principal - - - 405,000.00 - (405,000.00) 0.00% 101-555642.1 GO Bond SR2016 Interest - - - 89,903.13 - (89,903.13) 0.00% 101-555643 CO Bond Tax SR2016 Principal - - - 55,000.00 - (55,000.00) 0.00% 101-555643.1 CO Bond Tax SR2016 Interest - - - 24,856.25 - (24,856.25) 0.00% 101-555644 CO Bond nonTax SR2016 Principal - - - 170,000.00 - (170,000.00) 0.00% 101-555644 CO Bond nonTax SR2016 Interest - - - 39,784.38 - (39,784.38) 0.00% 101-555900 Debt Service 924,989.00 - - - - 924,989.00 0.00% 101-555800 Bond Premium - - (83,656.10) - - - 0.00% TOTAL Debt Service 6,512,081.00 - 4,411,781.19 5,329,583.69 - 1,182,497.31 81.84% Other Financing Sources 101-556300 Payment to Refund Debt - - 4,220,709.38 - - - 0.00% TOTAL Other Financing Sources - - 4,220,709.38 - - - 0.00% TOTAL EXPENDITURES 6,614,581.00 - 8,716,064.80 5,331,133.69 - 1,283,447.31 80.60% Cash in Bank Claim on Operating Cash Pool-Checking 106,864.56$ Cash in Investments MBIA Investment- Tax I&S 2,485,208.00 Total Cash in Bank & Investments 2,592,072.56$ CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2017 TAX I&S 620-SED CORPORATION CURRENT CURRENT PRIOR YEAR CURRENT Y-T-D BUDGET 75% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Taxes 3,692,710.00 913,936.54 2,649,184.71 2,663,118.01 - 1,029,591.99 72.12% Miscellaneous 45,550.00 32,910.69 31,199.30 89,691.36 - (44,141.36) 196.91% TOTAL REVENUES 3,738,260.00 946,847.23 2,680,384.01 2,752,809.37 - 985,450.63 73.64% EXPENDITURE SUMMARY ECONOMIC DEVELOPMENT Personnel Services - - 193,052.74 - - - 0.00% Supplies 750.00 46.96 122.83 402.08 11.98 335.94 55.21% Human Services 1,000.00 44.44 44.44 389.64 - 610.36 38.96% City Support Services 7,700.00 1,131.51 1,643.91 3,894.84 - 3,805.16 50.58% Utility Services 4,820.00 565.66 1,712.36 1,601.00 34.99 3,184.01 33.94% Operations Support 131,000.00 24,686.95 78,393.24 41,769.29 3,383.69 85,847.02 34.47% Staff Support 22,300.00 5,743.54 4,197.49 11,410.66 147.50 10,741.84 51.83% City Assistance 1,005,000.00 884.43 281.27 979.02 - 1,004,020.98 0.10% Professional Services 87,500.00 2,945.60 14,480.88 7,121.37 70.00 80,308.63 8.22% Fund Charges/Transfers 797,847.00 468,783.52 394,386.75 684,312.98 - 113,534.02 85.77% Debt Service - - 3,107.25 - - - 0.00% Operating Equipment 4,700.00 - 1,927.09 299.99 - 4,400.01 6.38% TOTAL ECONO DEVELOPMENT 2,062,617.00 504,832.61 693,350.25 752,180.87 3,648.16 1,306,787.97 36.64% MISC & PROJECTS PROJECTS - - 190,226.35 - - - 0.00% TOTAL MISC & PROJECTS - - 190,226.35 - - - 0.00% TOTAL EXPENDITURES 2,062,617.00 504,832.61 883,576.60 752,180.87 3,648.16 1,306,787.97 36.64% ** REVENUE OVER(UNDER) EXPEND 1,675,643.00 442,014.62 1,796,807.41 2,000,628.50 (3,648.16) (321,337.34) C I T Y O F S C H E R T Z ***************************************************** 2 0 1 6 - 2 0 1 7 ***************************************************** REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: JUNE 30, 2017 Cash in Bank Claim on Operating Cash Pool-Checking 319,236.19$ Cash in Investments Texas Class Investment-Economic Development Corp 11,202,731.81 Schertz Bank & Trust-Certificate of Deposit 1,060,336.70 Total Cash in Bank & Investments 12,582,304.70$ CASH IN BANK AND INVESTMENTS AS OF: JUNE 30, 2017 SED CORPORATION OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP 2016-17 287,235 379,299 290,086 280,216 373,641 243,369 216,222 334,771 276,770 2015-16 239,534 372,334 264,843 246,568 391,510 265,249 265,854 307,920 284,254 261,570 2014-15 247,750 319,452 252,513 210,669 397,691 225,482 247,025 361,702 232,983 248,121 379,939 254,153 2013-14 240,623 328,635 277,289 208,130 364,222 243,967 270,738 390,528 346,223 224,288 340,166 273,715 2012-13 219,717 287,520 237,123 212,096 316,358 207,915 202,689 330,324 272,337 281,818 325,062 243,585 19.9% 1.9% 13.6% $- $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 4B SALES TAX By Collection Month INVESTMENT REPORT C I T Y O F S C H E R T Z FOR MONTH ENDING June 30th, 2017 INVESTMENT POOLS Beginning Deposits/Interest Ending Ending Par Maturity Weighted Book Value Yield Purchases Withdrawals Earned Book Value Mkt Value Value Date Avg Mat. OPERATIONS-BANK CASH Schertz Bank & Trust - Pooled Cash 9,356,139.33 0.0500 15,524,537.32 16,183,702.75 457.95 8,697,431.85 8,697,431.85 8,697,431.85 N/A Schertz Bank & Trust - PEG Fund 621,979.35 0.0000 - - - 621,979.35 621,979.35 621,979.35 N/A TOTAL OPERATIONS 9,978,118.68 15,524,537.32 16,183,702.75 457.95 9,319,411.20 9,319,411.20 9,319,411.20 - LOGIC General Fund 12,949,003.93 1.1333 - 1,500,000.00 10,975.75 11,459,979.68 11,459,979.68 11,459,979.68 N/A 25 days G/F-Equipment Replacement 74,539.52 1.1333 - - 69.43 74,608.95 74,608.95 74,608.95 N/A 25 days G/F-Vehicle Replacement 502,602.87 1.1333 - - 468.17 503,071.04 503,071.04 503,071.04 N/A 25 days G/F-Air Conditioner Replacement 273,520.47 1.1333 - - 254.79 273,775.26 273,775.26 273,775.26 N/A 25 days SR2009 Bond-Street Projects(II)878,257.02 1.1333 - - 818.10 879,075.12 879,075.12 879,075.12 N/A 25 days GO2017 FIRE STATION 3 - 1.1333 4,000,000.00 - 528.09 4,000,528.09 4,000,528.09 4,000,528.09 N/A 25 days CO2017 AMBULANCES - 1.1333 550,000.00 - 72.61 550,072.61 550,072.61 550,072.61 N/A 25 days CO2017 BUILDING REPAIRS - 1.1333 250,000.00 - 33.01 250,033.01 250,033.01 250,033.01 N/A 25 days CO2017 FIRE APPARATUS - 1.1333 140,874.00 - 18.59 140,892.59 140,892.59 140,892.59 N/A 25 days CO2017 PARK MAINT - 1.1333 50,000.00 - 6.59 50,006.59 50,006.59 50,006.59 N/A 25 days CO2017 PARK TRAIL - 1.1333 250,000.00 - 33.01 250,033.01 250,033.01 250,033.01 N/A 25 days CO2017 SCHERTZ PKWY - 1.1333 700,000.00 - 92.41 700,092.41 700,092.41 700,092.41 N/A 25 days CO2017 STATION2 REPAIR - 1.1333 400,000.00 - 52.80 400,052.80 400,052.80 400,052.80 N/A 25 days CO2017 STREETS - 1.1333 2,200,000.00 - 290.45 2,200,290.45 2,200,290.45 2,200,290.45 N/A 25 days TOTAL LOGIC 15,556,181.83 8,540,874.00 1,500,000.00 13,713.80 22,611,587.73 22,611,587.73 22,611,587.73 - LONESTAR Capital Recovery - Sewer 3,083,125.92 1.0006 150,000.00 - 2,849.77 3,235,975.69 3,235,975.69 3,235,975.69 N/A 24 days Capital Recovery - Water 3,893,979.03 1.0006 150,000.00 - 3,571.89 4,047,550.92 4,047,550.92 4,047,550.92 N/A 24 days Drainage Fund 865,328.90 1.0006 60,000.00 - 812.25 926,141.15 926,141.15 926,141.15 N/A 24 days Facilities Master Plan 26,183.12 1.0006 - - 23.32 26,206.44 26,206.44 26,206.44 N/A 24 days GO SR2011 Animal Shelter 8,677.81 1.0006 - - 7.73 8,685.54 8,685.54 8,685.54 N/A 24 days GO SR2011 Soccer Fields 163,477.70 1.0006 - - 145.59 163,623.29 163,623.29 163,623.29 N/A 24 days GO SR2011 Swimming Pool 1,857.22 1.0006 - - 1.65 1,858.87 1,858.87 1,858.87 N/A 24 days GO SR2012 Downtown Improvements 988,899.39 1.0006 - - 880.68 989,780.07 989,780.07 989,780.07 N/A 24 days SE Elevated Water Tank 2,439,727.27 1.0006 - - 2,172.74 2,441,900.01 2,441,900.01 2,441,900.01 N/A 24 days Sewer/CCMA Project 2,869,269.25 1.0006 - - 2,555.27 2,871,824.52 2,871,824.52 2,871,824.52 N/A 24 days W/S-Customer Deposits 298,850.57 1.0006 - - 266.15 299,116.72 299,116.72 299,116.72 N/A 24 days W/S-Equipment Repl/Cap.Imp 179,683.01 1.0006 - - 160.02 179,843.03 179,843.03 179,843.03 N/A 24 days Water&Sewer 3,601,597.25 1.0006 1,000,000.00 - 3,901.09 4,605,498.34 4,605,498.34 4,605,498.34 N/A 24 days W/S-Vehicle Replacement 259,568.44 1.0006 - - 231.16 259,799.60 259,799.60 259,799.60 N/A 24 days TOTAL LONESTAR 18,680,224.88 1,360,000.00 - 17,579.31 20,057,804.19 20,057,804.19 20,057,804.19 - TEXAS CLASS Tax I&S 2,082,988.38 1.1300 400,000.00 - 2,219.63 2,485,208.01 2,485,208.01 2,485,208.01 N/A 71 Days Justice Forfeiture 247,156.46 1.1300 - - 229.37 247,385.83 247,385.83 247,385.83 N/A 71 Days Park Fund 329,046.96 1.1300 - - 305.33 329,352.29 329,352.29 329,352.29 N/A 71 Days Economic Development Corporation 10,867,413.94 1.1300 325,000.00 - 10,317.87 11,202,731.81 11,202,731.81 11,202,731.81 N/A 71 Days Library Board 45,428.90 1.1300 - - 42.16 45,471.06 45,471.06 45,471.06 N/A 71 Days Tree Mitigation 311,152.62 1.1300 - - 288.75 311,441.37 311,441.37 311,441.37 N/A 71 Days Tax Note 2013 Fire Truck 4,992.79 1.1300 - - 4.63 4,997.42 4,997.42 4,997.42 N/A 71 Days Hotel Tax 1,140,315.02 1.1300 50,000.00 - 1,094.07 1,191,409.09 1,191,409.09 1,191,409.09 N/A 71 Days Special Events Fund 16,998.36 1.1300 - - 15.76 17,014.12 17,014.12 17,014.12 N/A 71 Days Tax Notes 2015 EMS Ambulances 89,669.21 1.1300 - - 83.18 89,752.39 89,752.39 89,752.39 N/A 71 Days Tax Notes 2015 Drainage Equipment 687,755.98 1.1300 - - 638.24 688,394.22 688,394.22 688,394.22 N/A 71 Days Tax Notes 2015 Water Equipment 284,908.83 1.1300 - - 264.38 285,173.21 285,173.21 285,173.21 N/A 71 Days Tax Notes 2015 General Fund Equipment 243,161.76 1.1300 - - 225.66 243,387.42 243,387.42 243,387.42 N/A 71 Days Tax Notes 2015A Fire Trucks & Equip 631.76 1.1300 - - 0.60 632.36 632.36 632.36 N/A 71 Days 2016 CO Roads 1,006,963.61 1.1300 - - 934.46 1,007,898.07 1,007,898.07 1,007,898.07 N/A 71 Days 2016 CO Building Repairs 173,938.89 1.1300 - - 161.42 174,100.31 174,100.31 174,100.31 N/A 71 Days 2016 CO Rec Center Windows 12.05 1.1300 - - - 12.05 12.05 12.05 N/A 71 Days 2016 GO Fire Station 3 4,027,854.24 1.1300 - - 3,737.86 4,031,592.10 4,031,592.10 4,031,592.10 N/A 71 Days TOTAL TEXAS CLASS 21,560,389.76 775,000.00 - 20,563.37 22,355,953.13 22,355,953.13 22,355,953.13 - C I T Y O F S C H E R T Z INVESTMENT REPORT FOR MONTH ENDING June 30th, 2017 C I T Y O F S C H E R T Z INVESTMENT REPORT FOR MONTH ENDING June 30th, 2017 Beginning Interest Ending Par Maturity INVESTMENT MANAGED ACCOUNT Book Value Yield Purchases Withdrawals Earned Book Value Mkt Value Value Date Avg Mat. Capital One General Fund 1,366,137.76 2.0000 2,212.75 (5,571.37) 2,138.34 1,378,507.12 1,364,917.48 1,354,518.30 N/A 685 Days Capital One Capital Recovery Sewer 1,752,382.75 1.9500 5,566.17 (9,760.00) 2,645.70 1,761,431.02 1,750,834.62 1,737,242.32 N/A 676 Days TOTAL CAPITAL ONE 3,118,520.51 7,778.92 (15,331.37) 4,784.04 3,139,938.14 3,115,752.10 3,091,760.62 - C. D. CERTIFICATES OF DEPOSIT Term SB&T-Water&Sewer 1,089,599.19 1.0000 - - - 1,089,599.19 1,094,853.15 1,089,599.19 1/6/2018 365 Days Schertz Economic Development Corp.1,060,336.70 0.6000 - - - 1,060,336.70 1,060,946.76 1,060,336.70 11/23/2017 180 Days Schertz Economic Development Corp.1,012,004.38 1.0000 - - - 1,012,004.38 1,016,856.46 1,012,004.38 1/7/2018 365 Days TOTAL C.D.s 3,161,940.28 - - - 3,161,940.28 3,172,656.37 3,161,940.28 TOTAL PORTFOLIO 1.12 57,098.47$ 80,646,634.67$ 80,633,164.72$ 80,598,457.15$ 89 Days City Manager Executive Director Executive Director Finance Director This investment portfolio represents a liquid and diverse holding by the City of Schertz. This portfolio is in compliance with the City's Investment Policy and with the Public Funds Investment Act. The investment strategy is to hold the monthly operating funds in the bank while investing other funds. By looking at the purpose of the funds being invested, it can be determined that it is in best interest of the City to invest in securities over 1 year to maximize yield while still maintaining all collateral and other safety requirements. TOTAL OPERATIONS 11% TOTAL LOGIC 28% TOTAL LONESTAR 25% TOTAL TEXAS CLASS 28% TOTAL CAPITAL ONE 4% TOTAL C.D.s 4% City Portfolio By Investment Type Operations, $27,844,659.85 Projects, $14,782,972.11 Debt Service Fund, $2,485,208.01 Special Revenue Funds, $25,320,625.99 Designated Funds, $1,657,697.20 City Portfolio By Use 0.00 0.50 1.00 1.50 2.00 2.50 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 Apr-17 May-17 Jun-17 Jul-17 Aug-17 Sep-17 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 Apr-17 May-17 Jun-17 Jul-17 Aug-17 Sep-17 1 Month T-Bill 0.1800 0.3700 0.4300 0.4900 0.3900 0.7300 0.6800 0.8500 0.8200 3 Month T-Bill 0.3400 0.4800 0.5100 0.5200 0.5400 0.7500 0.8800 0.9600 1.0100 6 Month T-Bill 0.5100 0.6100 0.6100 0.6300 0.6800 0.8900 0.9900 1.0600 1.1200 Schertz Portfolio 0.8000 0.8000 1.0000 1.0000 0.9551 1.0267 1.0774 1.0935 1.1202 Schertz Bank&Trust 0.0500 0.0500 0.0500 0.0500 0.0500 0.0500 0.0500 0.0500 0.0500 CD 365 Days 0.8000 0.8000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 CD 180 Days 0.6000 0.6000 0.6000 0.6000 0.6000 0.6000 0.6000 0.6000 0.6000 LOGIC 0.8112 0.8364 1.1333 1.1333 0.9716 1.1333 1.0739 1.0761 1.1333 LoneStar 0.6900 0.7087 1.0006 1.0006 0.8362 1.0006 0.9848 1.0006 1.0006 MBIA 0.8300 0.9000 1.1300 1.1300 0.9700 1.1300 1.0600 1.0900 1.1300 Capital One 1.6900 1.6900 2.0000 2.0000 1.6900 1.9460 1.9463 1.9432 1.7902 MONTHLY YIELDS C I T Y O F S C H E R T Z Investment Report Capital One Assets Date:6/30/2017 General Fund Assets Cash & Equivalents Due Maturity Shares Cost Mrk Value Projected Annual Income Current Yield Fidelity Imm Government Fund #2642 49,518.30 49,518.30 49,518.30 430.00 0.87 Total Cash & Equivalents 49,518.30 49,518.30 49,518.30 430.00 0.87% Fixed Income Federal Natl Mtg Assn 1/27/2020 941.00 25,000.00 24,981.80 24,958.75 425.00 1.70 Federal Home LN Mtg Corp Reference 11/17/2017 140.00 50,000.00 54,930.00 50,747.00 2,562.00 5.05 Federal Home LN Mtg Corp Refrnce 8 6/13/2018 348.00 100,000.00 110,756.94 103,378.00 4,875.00 4.72 US Treasury Note 10/15/2017 107.00 40,000.00 39,913.84 39,976.80 350.00 0.88 US Treasury Note 10/31/2019 853.00 100,000.00 101,875.00 100,149.00 1,500.00 1.50 US Treasury Note 12/31/2019 914.00 50,000.00 50,208.98 50,194.50 812.00 1.62 US Treasury Note 8/15/2020 1142.00 100,000.00 103,394.53 103,155.00 2,625.00 2.54 US Treasury Note 12/15/2018 533.00 125,000.00 126,181.64 124,832.50 1,562.00 1.25 US Treasury Note 2/28/2019 608.00 50,000.00 49,996.09 50,012.00 687.00 1.37 US Treasury Note 4/30/2019 669.00 50,000.00 49,945.31 49,883.00 625.00 1.25 US Treasury Note 10/31/2019 853.00 100,000.00 99,601.56 99,612.00 1,250.00 1.25 US Treasury Note 11/30/2019 883.00 100,000.00 99,554.69 98,955.00 1,000.00 1.01 US Treasury Note 1/31/2020 945.00 100,000.00 101,312.50 99,739.00 1,375.00 1.38 US Treasury Note 7/31/2018 396.00 75,000.00 75,791.99 75,072.00 1,031.00 1.37 US Treasury Note 3/15/2020 989.00 75,000.00 75,225.59 75,246.00 1,218.00 1.62 US Treasury Note 5/31/2020 1066.00 75,000.00 74,991.21 74,901.00 1,125.00 1.50 US Treasury Note 5/15/2020 1050.00 75,000.00 74,956.05 74,924.25 1,125.00 1.50 Upper Trinity Regl Wtr Dist Te Rev 8/1/2017 32.00 15,000.00 15,371.10 15,032.70 600.00 3.99 Total Fixed Income 1,305,000.00 1,328,988.82 1,310,768.50 24,747.00 1.89% Total Assets 716.79 1,354,518.30 1,378,507.12 1,360,286.80 25,177.00 1.85% Capital Recovery Assets Cash & Equivalents Due Maturity Shares Cost Mrk Value Projected Annual Income Current Yield Fidelity Imm Government Fund #2642 27,242.32 27,242.32 27,242.32 236.00 0.87 Total Cash & Equivalents 27,242.32 27,242.32 27,242.32 236.00 0.87% Federal Natl Mtg Assn 10/26/2017 118.00 125,000.00 124,588.38 124,916.25 1,093.00 Federal Natl Mtg Assn 1/27/2020 941.00 50,000.00 49,963.60 49,917.50 850.00 1.70 Federal Home Mtg Corp Refrnce 8 6/13/2018 348.00 100,000.00 110,753.60 103,378.00 4,875.00 4.72 Federal Home LN Mtg Corp 3/27/2019 635.00 100,000.00 108,297.40 104,052.00 3,750.00 3.60 US Treasury Note 10/31/2019 853.00 100,000.00 100,065.85 100,149.00 1,500.00 1.50 US Treasury Note 12/31/2019 914.00 100,000.00 100,417.97 100,389.00 1,625.00 1.62 US Treasury Note 8/15/2020 1142.00 100,000.00 103,394.53 103,155.00 2,625.00 2.54 US Treasury Note 12/15/2018 533.00 100,000.00 100,945.31 99,866.00 1,250.00 1.25 US Treasury Note 2/28/2019 608.00 100,000.00 99,992.19 100,024.00 1,375.00 1.37 US Treasury Note 4/30/2019 669.00 100,000.00 99,890.63 99,766.00 1,250.00 1.25 US Treasury Note 10/31/2019 853.00 100,000.00 99,601.57 99,612.00 1,250.00 1.25 US Treasury Note 11/30/2019 883.00 200,000.00 199,226.56 197,910.00 2,000.00 1.01 US Treasury Note 1/31/2020 945.00 50,000.00 50,656.25 49,869.50 687.00 1.38 US Treasury Note 6/30/2018 365.00 75,000.00 75,916.99 75,072.00 1,031.00 1.37 US Treasury Note 3/15/2020 989.00 100,000.00 100,300.78 100,328.00 1,625.00 1.62 US Treasury Note 5/31/2020 1066.00 100,000.00 99,988.28 99,868.00 1,500.00 1.50 US Treasury Note 5/15/2020 1050.00 100,000.00 99,941.41 99,899.00 1,500.00 1.50 Upper Trinity Regl Wtr Dist Te Rev 8/1/2017 32.00 10,000.00 10,247.40 10,021.80 400.00 3.99 Total Fixed Income 1,710,000.00 1,734,188.70 1,718,193.05 30,186.00 1.76% Total Assets 725.82 1,737,242.32 1,761,431.02 1,745,435.37 30,422.00 1.74% 3,285.00 Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: September 26, 2017 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a Regular Meeting on September 12, 2017. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular Meeting on September 12, 2017. ATTACHMENTS Regular Meeting of September 12, 2017 minutes 9-12-2017 Minutes Page - 1 - MINUTES REGULAR MEETING September 12, 2017 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 12, 2017, 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 Mark Davis Councilmember Ralph Gutierrez Councilmember Scott Larson Councilmember Robin Thompson Councilmember Angelina Kiser Councilmember Bert Crawford Staff Present: City Manager John Kessel Executive Director Brian James Executive Director Dudley Wait City Attorney Dan Santee Assistant to the City Manager Sarah Gonzalez City Secretary Brenda Dennis Call to Order – City Council Regular Session Mayor Carpenter called the meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Carpenter) Mayor Carpenter provided the opening prayer followed by the pledges of allegiance to the flags of the United States and the State of Texas. City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Mayor Carpenter recognized Executive Assistant Brian James who provided the following announcements: Wednesday, September 13th Blood Drive 7:45 am – 12:00 pm Parking Lot Contact Kellie Burnam, Ext. 1430 Saturday, September 16th SchertzQ Pickrell Park 9-12-2017 Minutes Page - 2 - Tuesday, September 26th City Council Meeting 6:00 pm Council Chambers SAVE THE DATE: Friday, September 29th Star Party 7:30 pm – 10:00 pm Crescent Bend Nature Park Thursday, October 26th Simonson Volunteer Appreciation Dinner 6:30 pm Schertz Civic Center Friday and Saturday, October 27-29 Skylight Balloon Fest River City Community Church Grounds, 16765 Lookout Road, Selma Election Information October 9th-Last day for submitting Voter Registration Application to vote in the November 7, 2017 Election and last day for requesting Transfer of Registration in time to vote. October 23, 2017-First day in which Early Voting begins. Information regarding Early Voting locations and times and Election Day locations will be posted on our city website. Mayor Carpenter recognized Guadalupe County Commissioner Jim Wolverton who was in the audience tonight and thanked him for joining us. Hearing of Residents Mayor Carpenter stated that individuals wishing to speak tonight would not be required to provide their address (for security reasons) but to please state their name for the record. Councilmember Davis inquired as to the reason we are deviating from our normal procedure. Mayor Carpenter stated he received some information today that he thinks is pertinent and justifies the change for this evening; plus, it is not required by our rules and is merely a tradition and therefore he thinks it is fair to dispense with it at this time. Mayor Carpenter recognized the following individuals who spoke: • Ms. Melba Smith, who stated she has been a resident since 1957. She spoke about the flood plain and the flood program. She has experienced three floods -- in the 1960’s, 1998, and 2000. We need to research this more because FEMA is going to continuously take money from the residents. She feels we should have the option, not the demand. She thinks we need to relook at Cibolo Creek, and how it is different now than it was years ago. Someone needs to look at the depth and width and compare the differences from the 9-12-2017 Minutes Page - 3 - 1960’s to what it is today. She predicts it is not as shallow, deep or wide from years ago. Her next step is to talk to FEMA and see what they can do for us. Also, Main Street has always flooded and it needs to have some drainage. The other thing are the jets that continuously fly overhead. They have deviated their flying route from the past and the noise is disturbing to your kids studying in the schools. She is tired of having her house rattle. Someone needs to call the Wing Commander to see if something can be done. Lastly, she spoke about the Veterans Plaza which was turned over to the City. A committee needs to be formed to honor veterans at least once a year. This year during Memorial Day, the VFW had to pick up the responsibility for the ceremony at the last moment. It needs to be organized and planned. If you come to our meetings you will find that you will find someone to help you. Back to the flooding, the railroad bridge has changed—the pillars are bigger, taking up more space where the water could go. We should ask the railroad or construction companies for help to fix the problem. • Mrs. Clare Layton, (Schertz ETJ resident) who stated that ‘words matter’. Mr. Thompson’s apology for his use of the entire ‘N’ word was inadequate. He seemed more concerned that folks shared his Facebook page than he was about posting it. In defending his past there was no excuse for directly quoting language that included that despicable word, showing no true remorse for his offensive language. She spoke of his ‘re-election’ signs on many local businesses who also know him because of his connections to The Chamber, but do they know of his inappropriate use of that culturally offensive word? Because the Mayor had altered the public records of the meeting (last week), they may never know. Tonight, she was going to ask that those people who find his words offensive, boycott those businesses, not as a political act but as an economic statement of our belief that ‘words matter’. However, tonight she wants to address some other words from the minutes of the prior meeting spoken by Councilman (Larson) Place 3 who said he unexpectedly witnessed a play, ‘which was a political drama with some unscrupulous individuals putting selfish ambitions before community goods.’ Words matter. The Bible tells us, ‘Judge not, lest ye be judged.’ She, who he does not know, was one of those judged. Now is the time for the ‘lest ye be judged’. She described her past experiences in attending her first township government meetings in Ohio. Her witness of the lack of community involvement concerned her so much that it then became her life’s work to encourage people to participate in their local government, not just to vote, but also to attend local meetings. When she hears people complain, she encourages them to attend city meetings and address the entire council. She humbly suggests that the Place 3 Councilmember hold his counsel and not pass judgement until he has acquired more experience. Remember, words matter. Last week, another councilmember’s words from the dais were ill-chosen and hurtful. This cannot continue. Your inaction can be interpreted as condoning the speech of these gentlemen; council must do something. • Ms. Diana Taylor, who stated when she first came here to council regarding home(s) in Pulte, no one believed her. Tonight, she comes alone and no one is telling her what to say or how to say it. As she stated last week, she is very offended and hurt and has not rested. 9-12-2017 Minutes Page - 4 - For anyone on this council to have the nerve to put something out there to represent the City is wrong. It is too late, because it is going around to everyone. For anyone who is here to speak on behalf of this councilman for what he did, then you practice the same thing that was posted on Facebook. She suggested Council think about what they are going to do tonight, because then you have created something that Schertz does not need. We need to focus on Schertz and how to build it up and clean it up. We don’t need a divided city. She asked they consider asking this individual councilman to resign because he also represents each and every one of you. She looks forward to seeing what action will be taken tonight, because there was no direct apology itself when it went on the news. • Ms. Penny Jennings, a resident of Schertz, who stated she respects each one of Council for what they do for the City. It is difficult being in the position they are in and to be judged for all the things you do and say. While it is Councilman Thompson today, it could be any one of you tomorrow. She watched the city council meeting of September 5 and also the entire episode of the Facebook postings. A friend called Mr. Thompson on it, he immediately deleted it and apologized. He also put out a public apology right after the post and in her opinion, took ownership and felt genuinely sorry. She feels this has gone much further now and that it has turned into a personal attack by a few people who have other agendas. She also wanted to address Grumpy Azzoz, who is running for a position on the SCUCISD Board, who implied at the prior council meeting that when you post something on Facebook it should be factual. He himself did what Councilmember Thompson did, but left out a fact—Mr. Thompson’s apology—and posted only the part he wanted people to see. He also contacted the community concern page that she created, saying that some of them were a hate group and uneducated, because some of them don’t believe the way he does. She can’t help that people remember what he said while he was a councilman; he needs to own that himself. To clarify, the community service Facebook page is for sharing many different views from Cibolo and Schertz, from our city events to our elections. The group is definitely not a hate group. Yes, Councilmember Thompson posted it and he has taken ownership, but for someone else to keep sharing that post (12 times), without showing the apology, is a bit excessive, while claiming to love our city and businesses. He also encouraged businesses who allowed Councilmember Thompson to place his campaign signs on their property to remove them. If they didn’t, he encouraged others to boycott these businesses. This is creating a division in our great city. She supports Councilman Thompson and thinks we have all done and said things on Facebook that we later wished we had not. Mr. Thompson, took ownership, deleted it, and apologized. How many of you have done the same? Mr. Thompson has been a great leader for our city. He has been a church pastor, an HOA president, vice-president of operations of The Chamber, and a city councilmember. Let’s not let this be the defining moment of who Councilmember Thompson is and what he has done for our great City of Schertz and the surrounding area. • Ms. Melva Stultz, who stated she was here to talk about the rezoning in the southern part of Schertz. She has lived in the area for 40 years. She feels there will be a loss in their 9-12-2017 Minutes Page - 5 - property values and probably no compensation for that. They live there and feel safe and she hopes you all will consider them when you make your decision tonight. • Mr. Saen Azaro, who is a pastor of a church in the area. He has been acquainted with Councilmember Thompson for several years and knows him to be a decent and honorable man who has served the City of Schertz well. He feels what is currently happening with him is a character assassination. Yes, he shared a politically charged post—ill advised. However, he removed it quickly and has apologized for it publicly repeatedly. To be clear, Robin did not make any racist remarks. He shared a post, implying hypocrisy within a political group called Black Lives Matter. The group, like most, is a mixed bag which has made some truly important points, but has also been a platform for some controversial and sometimes hateful words/actions. In fact, he knows of some people of color who say, this group does not speak for them. He thinks we need to clarify that Robin has not shared racism or exhibited racist behavior—at least not that he has seen. However, a small group has seen fit to disparage him in an effort of what seems to be a political agenda. He doesn’t want to see the City, Council, or The Chamber be held hostage by this type of attack. We should stand together against this type of manipulation. He is a good man. What is to stop something like this from happening to the rest of us? He spoke of Jesus and the golden rule. What would we want done if we made an error of judgement and retracted promptly with an apology? He thinks this is what should be considered with Councilman Thompson. • Mr. Dana Eldridge, who stated he was a little offended by the picture of the truck shown earlier listing the ‘Antifa’ – that was offensive to him. We say ‘Judge not, lest you be judged’. Christ said, ‘Throw the first stone’. If you live in a glass house, you shouldn’t be throwing the first stone. Mr. Thompson has given an apology and who is he to say that Mr. Thompson’s apology was not heartfelt. He has heard two people come forward and say his apology doesn’t mean a thing. Who are they to judge? He thinks it has been blown way out of wack. It’s a good city, council has kept things very nice for us here and to let something like this completely divide and destroy our city is not a good thing. So if you live in that glass house, don’t be throwing stones. • Mr. Grumpy Azzoz, who said he has listened to all of this, and Mr. Thompson did not apologize that evening. On the record, he issued no apology. He doesn’t understand why people say he apologized. He did not. The post that I shared is the actual post that was sent to me. There is no editing—Grumpy Azzoz did not put that, Mr. Thompson did. Grumpy Azzoz did not say ‘I was accused of being a racist four times.’ After listening to the tape that night, it made me more angry. Because there is no church leader that will go to a pastor and tell him, I am firing you because you give water, and you give food to that ‘bleep’. There is no way—that is insane—that did not happen. I don’t believe it happened. No church leader(s) would say that. There are rumors that, you know, Grumpy’s adopted brother is black. He is black—he’s used to it—that’s the way he is—and I love him for who he is—that is my brother. But Mr. Thompson never apologized once. I am speaking on behalf of the ‘right thing to do’. He doesn’t have a personal agenda with Mr. Thompson—we served together and we have our differences. An apology was not given, look at the DVD of that night. I (Grumpy) do not have a motivation. I don’t have an 9-12-2017 Minutes Page - 6 - agenda. But you know what, this is going to be bigger. When I say it is creating this hate group—it’s not going anywhere. I will post it over, and over, and over, because it was the wrong thing to do. It was the wrong thing to call people of color—I don’t care how you used it—the ‘N’ word. I have never once been called a racist. Mr. Thompson was called so four times. That evening, Mr. Thompson could have apologized—he could have ended it. But he decided to rumble and go to the brown and the black. I’m not accepting it. The only apology to be accepted at this time, (whether it happened or not) is for Mr. Thompson to step down. He is not anymore a leader of our city. A lot of people have called him and a few of you on the dais that sent me the text messages and also the posting. Do not hide behind the seat. He (Mr. Azzoz) is for you, the white, the brown, the black, the purple, the yellow. • Mr. Brian Burcham, who stated he is the one that called Robin out on his Facebook post. He is a friend of his and a mentor through The Chamber with his own business. He is a married father of two small children running a business in this city that he is a transplant to. He is not a native Texan. Robin did apologize. I made my comment at about midnight and Robin apologized and retracted the whole thing first thing the next morning. He doesn’t think he thought this all the way through before he posted. This is a very divisive time in this country and in this city and he is seeing it come to this small town. He recently visited Portland, Oregon who has a lot of far-left progressive politics. We happen to live in a state that is a lot more conservative. In the San Antonio/Schertz area he has begun to notice an echo chamber and a bubble that we are living in. He does not defend anybody who does anything that hurts other people (words or violence). Yes, words do matter. Robin’s words of apology the next morning mattered to him. He believes this has turned into something that is going to divide this city. No matter what, something is going to come out of this and he does not envy Council’s position tonight. He does not apologize for calling Robin out—he stands behind his decision. He stated that ‘cooler heads prevail’ in this. Remember, in the under 40 crowd, we are large in this area, we are awake, voting, and pulling together. We are kind of tired of this stuff – immediate character assassination of anybody who says anything without thinking it all the way through. He himself said three things today in his business setting that he was reaching out to try and bring back into his mouth afterwards and he had to apologize for them. Granted, he is not an elected official, or a church leader. It is important to him that Robin Thompson’s character not be torn down and his character not be completely washed out because of one Facebook post. Facebook and the internet are wonderful things but they are being used to hurt people too, and on both sides. The picture of the empty truck with the Antifa stuff on there—if you do a google search you will find the same exact picture with a picture of Joel Olstein’s face in the back saying what are Christians doing to provide for Hurricane Harvey? He is agnostic in his beliefs—he doesn’t claim left or right, but to call a man out for a minor misgiving or a minor lapse of judgement and to ruin him and his family, after all he has done for us in this city would be an absolute disservice to the City of Schertz. He recognizes Mr. Azzoz who spoke earlier and doesn’t know him but what he takes offense to is when the hate group is standing behind us—he calls BS on that. This city is not filled with racists, bigots—he has seen people pick each other up every single day. We 9-12-2017 Minutes Page - 7 - come out of our pockets to help people. All of us do, because it is the right thing to do. He believes the right thing to do is let the voters decide what to do with Mr. Thompson in the upcoming election. • Mr. Greg Howell who stated he also read the apology that Mr. Thompson had posted on Facebook, so he doesn’t know how it can be said he did not apologize. He belongs to the Belmont Park Facebook page and according to a comment by a citizen who spoke at the last council meeting I’m an uneducated person because I follow that Facebook page. He also spent 30 years in the army and as a civilian until his second retirement. During his 45 years of military and civilian service he was also an equal opportunity board member, hearing allegations of racism. What Robin Thompson did was not a racist act. After Mr. Thompson posted the picture on Facebook, a friend of his who spoke previously, told him that people may be offended by the picture so the next day Robin removed the picture and wrote an apology to anyone who may have been offended. To Mr. Howell, that ended the episode. However, someone else decided not to let it rest and began stirring the pot and implied the picture was racist. For that to be true, the picture would have to target a single ethnic group. Since one of the groups (Antifa) is comprised of a majority of Whites, with other members being Hispanic, Black, and Asian, he fails to see a single ethnic group identified that will make that posting racist. Being white and also a native American I wasn’t offended by the picture. To him the picture asks what has either of the groups identified in the picture done to support the victims of Hurricane Harvey—a question that has been asked numerous times by the media. Recently, a Houston councilmember made comments about the lack of support by the Red Cross in the area he represents and he encouraged people not to donate to the organization. He, in his opinion has the lawful right to question the lack of support from an organization just the same as Robin Thompson has. This is not an aggravated failure like bank robbery is which is described by the Texas State Statute and Penal Code and Federal Law as an aggravated felony and is punishable by imprisonment. Expressing one’s opinion of what type of support is provided during a natural disaster is not a criminal offense and not punishable by imprisonment. He would say to those present, ‘Judge not or ye shall be judged.’ Accept the apology given and put the issue to bed. • Ms. Rosemary Hendrix who recited the City of Schertz Core Values. She worked for many different companies and her responsibilities were to know the laws and to protect the liability for the company she was employed with. She knows that each councilmember works for the citizens and the City of Schertz. As a councilmember it is very important that you know every day that what you say and do is scrutinized by people that put you in that position—you are always in the public eye. She didn’t just listen to the post and the media, she came forward and purchased a copy of the council meeting CD of last week. What hurt her the most was to watch and witness how the council and Councilmember Thompson tried to dismiss the severity of the post. She wasn’t sure what was worse, that Councilmember Thompson stated that he did not realize it would offend people or the lack of apologies from him and the council that night. The prepared speeches by Mayor Pro- Tem Edwards and Councilmember Gutierrez did not show the apology to the people 9-12-2017 Minutes Page - 8 - affected who were present. What is missing here is that the post is about the Hurricane victims—does anyone here realize the devastation these people are going through? What is getting them through this is the humanitarian acts from people. Posting anything about the hurricane victims, would that have not hit your heart, before you posted it? Would you be that insensitive? That is why she is having such a hard time with this. There are so many acts from other cities showing support for the victims and what do we have from the City of Schertz—this is not the way we want our city represented? Yes, this was a slip, but you all know that everything you all do is watched. Mr. Thompson is not just a councilmember, he is also in The Chamber and the responsibilities to the city are bigger than what a regular citizen has. Besides the victims of the hurricane not being apologized to, we have a lot of youth who are social media savvy and kids look up to authority and you have an obligation there to the youth. Council has had previous requests at meetings on developing/reviewing policies regarding postings on social media. In going through the recent past city council meeting minutes, council could not even agree on this. She again referenced the city core values. She said all she is asking is that when citizens come forth to present something to council, it is nice to know that council is hearing us and wanting to assist with solving issues. • Mr. Grady Morris, who stated he has served as a former police chief and is now retired. In his lifetime he has seen the best and worst of man. He wants to speak tonight from the heart. He wants people to understand. He told a story about meeting a man years ago who told him he had never before sat down and had a conversation with a black man. After conversing for a while, he told him that he could appreciate him. He was not like what he thought black people would be like. And Mr. Morris appreciated him for being truthful. He wants you to know that what that man said is ‘not the worst’ of man. What the worst is to see a man kill a woman, cut her up and put her in the back of a car, set her body on fire and light a cigarette and smoke it. Unless we get to a point where words do not define us as a people we will forever be caught up in this situation we find ourselves in today. Whites against blacks, blacks against whites, Hispanics against whomever. Aren’t you sick of that? I am! He is sick and tired of his city being dragged through the mud because of a mistake. He made a mistake, and he apologized for it. God said we are all created in his image. Yes, racism is a problem in our society, but does it define me? No, it doesn’t. I’m friends with you, you, you, and you, hopefully not because of the color of my skin but because of the content of my character. Mr. Thompson, your words didn’t defend me, because they didn’t define me. I am a pastor of a local church and my duty is to God and the people he has put under my charge and my job is to connect with others so we can all come together. Mr. Thompson has done nothing compared to what I have seen and he has seen and that man has seen. • Ms. Michelle Womack, who stated a member of council had a brief error of judgement and posted something on social media that was viewed by some as offensive and in- appropriate. He subsequently removed it and apologized. In life we all have errors of judgement. True character is shown in the way that error is dealt with. For his quick response and honesty, she thanked Councilmember Thompson. 9-12-2017 Minutes Page - 9 - She stated she wanted to focus on the legal aspects of this issue rather than her own emotions. In her view councilmembers both past and present have always worked diligently together. Because of this the City has a reputation of having a constructive council and working as a team. She hopes this will continue. In spite of high emotions, decisions and actions must be made on doctrines that govern the council in our city. There is no reference or regulation in Ordinance 16-M-38, 16-M-02, or the City Charter pertaining to social media. There are no guidelines that were broken in that unfortunate media post. As far as censure by a Councilmember made on September 5, that is not appropriate for this situation. According to Ordinance 16-M-02, a censure is only warranted under the following situation, which she quoted from page. 9 (….. for multiple and or serious infractions against the City Council Code of Ethics). She said there is nothing in the Code that says anything about social media. She urged Council to spend some time reviewing the Code of Ethics along with the Rules of Conduct and Procedure again. She applauds the council and the city for their long history of working together which is why Schertz continues to be a city of excellence. • Ms. Ethel Ward, who stated she was here tonight to request help in getting a building permit. Her and her husband (now disabled and in a wheel chair) purchased a house at 414 Brooks in 1963 and paid $8,500. They paid it off and saved their money and want to add another bathroom. In 2013 they applied for a permit, but were told they needed some engineering plans. Then they said you need your property surveyed. After multiple attempts they still never granted her a permit, so she finally gave up. This July they tried again, found a contractor and the city still said, you need these things. So they provided the engineering plans, the survey and a cost estimate. Still no progress. Today, they said according to FEMA, you can’t make an improvement that is going to cost more than 50% of the value of your home. Your home isn’t worth enough for you to add this room. The city also said they needed an estimate of the value of the home. The paper she took was a value for 2016 and the city said they couldn’t use that one, it had to be for 2013.Now today, they called and said they would need to hire an appraiser to do an estimate of the value of their home. Note: Mayor Carpenter referred her to speak with Executive Director Brian James regarding her permit request difficulties. Mayor Carpenter stated that there are a number of citizens that have come in this evening and spoken to us about a couple of items. He believes that it would be appropriate at this time for the Council, and if the Council would indulge him, that we move straight to our closed session and deal with what we have before us head on. So, with the indulgence of Council and no objection Mayor moved to Closed session. Mayor Carpenter recognized Councilmember Thompson who asked for a Point of Privilege. Mayor Carpenter recognized Councilmember Thompson for the Point of Privilege and asked Councilmember Thompson what his Point of Privilege is that he would like to make a statement. Councilmember Thompson answered, he would like to 9-12-2017 Minutes Page - 10 - make a statement and apologize to everyone here. Mayor Carpenter stated that if there is not an objection from Council his Point of Privilege is well taken and so ordered. Councilmember Thompson read the following: “To Mayor Carpenter, the City Council, Mr. Kessel, the staff of the City of Schertz, and to all our city’s residents. I deeply and sincerely apologize for all the embarrassment, hurt and confusion that I caused to the City Council, its staff and employees and especially to all the residents of Schertz to my lapse of judgment in the sharing of an inappropriate Facebook post as well as an offensive word I should never have used, even in the context of a direct quote towards me in trying to explain my mistakes last Tuesday night. These mistakes do not reflect who I am in my inter being and from this point on please know that I will focus all my efforts in striving to be the leader you expected me to be when you elected me into office. My deep appreciation is also extended to the many folks throughout our community who have contacted me and extended words of grace, forgiveness, encouragement and wisdom through this humbling time of my life.” Respectfully, Robin Thompson. Mayor Carpenter moved into closed session. Closed Session 6. City Council will meet in closed session under Texas Government Code Section 551.071, Consultation with the City Attorney and Section 551.074 Personnel Matters to deliberate the evaluation, duties or discipline of a City Council Member. City Council will meet in closed session under Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment of a City Prosecutor. Mayor Carpenter convened into Closed Session at 7:07 p.m. Reconvene into Regular Session Mayor Carpenter reconvened into Regular Session at 9:15 p.m. Councilmember Thompson did not return to the dais. 6a. Take any action based on discussions held in closed session under Agenda Item 6. Mayor Carpenter stated that he moved from the Chair that a Writ of Censure be read into the record, and the motion was seconded by Mayor Pro-Tem Edwards. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Kiser and Crawford voting for and no one voting no. Councilmember Thompson was absent from the dais. Motion passed. Mayor Carpenter recognized Mayor Pro-Tem Edwards who asked and called for a Point of Procedure and requested that the Mayor read the Writ of Censure. Mayor Carpenter stated 9-12-2017 Minutes Page - 11 - that the request of the Writ of Censure will be read into record and read the following: “It is the finding of the City Council of the City of Schertz that: 1. The word used by Mr. Thompson in our meeting of 5 September is unacceptable, inappropriate and without merit in any context or in any manner at any time. 2. The use of the word is further found to be indecorous and therefore in violation of our Rules of Procedure and Mr. Thompson is hereby ordered not to repeat this offense against our rules. 3. Mr. Thompson is hereby placed under censure by this Writ by this Council for a period of 30 days, and as such, is found to be “not in good standing” with this body for that period. Separately, from the Writ of Censure, this Council finds that the post itself was not appropriate and is not condoned by the City Council and is not reflective of its opinion as a body. Mayor Carpenter recognized Mayor Pro-Tem Edwards who asked for a Point of Procedure, Mayor Carpenter recognized Mayor Pro-Tem Edwards who asked that the Mayor place the Writ of Censure in writing. Mayor Carpenter stated that the request is that the Writ of Censure be reduced to writing in the minutes, and asked if there was an objection from anyone. As there was no objection, Mayor Carpenter stated it is so ordered and will be reduced to writing in the minutes. Mayor Carpenter recognized Mayor Pro-Tem Edwards who asked if Councilmember Thompson could rejoin them on the dais. Mayor Carpenter asked that Councilmember Thompson please rejoin them. Mayor Carpenter moved to the Workshop portion of the agenda. Workshop • Discussion and update regarding the next phase of the Skate Park. (B. James/C. VanZandt/L. Shrum) (Item requested by Mayor Pro-Tem Edwards) Mayor Carpenter recognized Executive Director Brian James and Director of Parks & Recreation Chuck VanZandt who updated the Council regarding the next phase of the Skate Park. Mr. James provided the following information regarding Phase 1. Overview Phase I • Opened March 2014. • Funded through $25,000 grant from CCMA and city funds. 9-12-2017 Minutes Page - 12 - • Total Cost approximately $140,000. • Constructed through design build process by SPA Skateparks. Mr. James stated at the time they had looked at the initial first phase, what was built was slightly different than the schematic. You essentially have the three flat round pods, you have the rails and the raised island on one of those that was constructed. . Mr. James stated that ultimately the idea was to do a number of other circles with it and including some other larger phases, the bowl beck, and the larger main plaza index as well. The idea at the time was that it could be done in maybe two more phases, but the theory was you could build all of it in one more phase, so three phases ultimately or two phases ultimately. A couple of years ago they touched back around on what they thought the cost would have been. It was approximately $600,000 at that time – assume $750,000 for inflation/design updates for today. This is a ballpark because what we would do is go back to SPA Skateparks and make sure we had support for the rest of the design and elements we wanted, and we would adjust it to what budget we had and that could follow. The other part, in addition to funds that are not allocated due to the time element, the Parks Department is managing the trail grant, the fitness station, the park on Schertz Parkway, and the Hilltop Park trail/tower project. The issue, to be blunt, is funding at this point and to be able to manage it. Mr. James addressed questions from Council regarding when the next phase is to be completed and wanted to make sure that this was still on our radar. • Discussion, update and progress regarding the meetings with residents in Southern Schertz regarding JLUS/Land Use. (B. James) (Item requested by Councilmember Thompson) 9-12-2017 Minutes Page - 13 - Mayor Carpenter recognized Executive Director Brian James who stated this is an update on the JLUS Community meetings. Mr. James showed the following map stating that this is where we started to amend the City’s Future Land Use Plan and Comprehensive Land Use Plan for the areas in Southern Schertz that are a part of the APZ areas and the area in between. Mr. James stated that you can see on the map on what we are changing is the land uses in the APZ II which are the most southern to outside areas and the areas in between. The APZ I’s generally have the appropriate designation from the previous plan. Property Density Primary Change in the 2015 JLUS – in Accident Potential Zone II from 2 residential units per acre to I unit per 20-acre in the east APZ II and 1 unit per 10 acres in west APZ II and the area between the APZ I and APZ II where previously it was 2 units per acre or not having that restriction generally on in the area between. Community meetings were held on May 25, 2017 and August 15, 2017 to discuss proposed changes with residences and walk them through it. 9-12-2017 Minutes Page - 14 - The most significant issue discussed is proposed density change – going forward how large must new lots be to subdivide property. It’s not about creating non-conforming uses, they spent a lot of time in the first meeting covering this. So, if you have a lot that’s ¼ of an acre, it’s not about making it non-conforming and having difficulties pulling building permits, it’s about if you come in and you say I want to file a plat to subdivide; what’s the minimum size to do that? We certainly can write the code to do that. Since that meeting and afterwards, we heard from the residents. City Staff has met with Staff from JBSA Randolph to discuss density issues. The general feeling was they understand it is south of an airport for a lot of flights and we don’t necessarily want to construct a lot of density, but frankly 1 per 10 and 1 per 20 seems to have gone to an extreme that is unnecessary. We went back and had some of those conversations. Basis of Past Density Recommendation Mr. James stated that part of what Randolph did was to go back and look at some of the information which were some of the studies in regard to Air Force accidents. Mr. James provided the following information: Study of Air Force aircraft accidents from 1968 to 1972; from that they established the Clear Zones (CZ), Accident Potential Zones (APZ I and APZ II) were established based on crash patterns. In the old 2007 JLUS it stated when a crash does occur, the result is often catastrophic even though the risk to people on the ground being killed or injured by aircraft accidents is small which is why the Air Force approaches this safety issue from a land use perspective. Thus, the idea is to deal with land-use issues and is the way to mitigate this going forward. Basis of Past Density Recommendation Mr. James provided the following information based on the study: 1968 to 1972 accident study revealed (369 major accidents): • 61 percent related to landing operations • 70 percent occurred in daylight • Fighter and training aircraft accounted for 80 percent of accidents. Study updated in 1995 – 838 accidents between 1968 and 1995 Average Impact Area for Approach and Departure Accidents (75% have definable impact area) • Fighter, Trainer and Misc. Aircraft 2.73 acres is the size of the debris field So How Does the Study Date Relate to Randolph? 61% related to landing operations 30% takeoff 9-12-2017 Minutes Page - 15 - Increased risk on takeoff due to bird population and feeding patters. 70% occurred in daylight Fighter and training aircraft accounted for 80% of accidents. Randolph based aircraft are all trainers so more likely than “average” to have an accident. Study updated in 1995 – 838 accidents between 1968 and 1995 Average Impact Area for Approach and Departure Accidents • Fighter, Trainer and Misc. Aircraft 2.73 acres Randolph Bird Strikes One of the problems Randolph has is bird strikes. Strikes occur more per fight hour at Randolph than any other bases flying the T-38C. They have a bigger bird problem and that may be in large part due to the fact that they have a lot of trees; they have the pond at the golf course and other areas around Randolph where the birds go off to feed. As you can see, this is a higher-level as birds are a higher problem there. Randolph is trying to mitigate this problem by tree trimming and other efforts on base to reduce that. When the JLUS was first done, that awareness of that problem had come to where that was most great, so they were quite focused on that and had not gotten into mitigating as much as they have now. Lot Size/Debris Field Size Fighter, Trainer and Misc. Aircraft 2.73 acres - Average Impact Area for Approach and Departure Accidents • 2 units per acre (1/2-acre lot size) from previous JLUS – more than 5 homes likely to be affected by accident • 2.5-acre lot size - 1 home likely to be affected by accident • 5-acre lot size about .5 homes impacted – the hope is one will not be Proposed Lot Size What came back from Randolph is that of a recommendation to do a 5-acre minimum lot size going forward. So, what that means is, if it were incorporated, the request, and we included it, is if someone owns less than 10 acres, you would not be able to subdivide the property. It would be usable for one home essentially, because they didn’t have enough land to get down to both of them being 5 acres. That is the real crux of the impact, and he stated that what he has heard from citizens over and over after we clarified, it’s not about non-conforming uses, it’s not about not letting you build a barn or shed or an addition to you home, it is really about, you come in and you want to subdivide. 9-12-2017 Minutes Page - 16 - Additional Regulations from JLUS that plays a role Additionally, there are recommendations in the 2015 JLUS that were in the 2008 JLUS that need to be considered such as generally no residential in areas with 65 db. or greater in the noise contours. This is something that we need to incorporate in the code. We have already incorporated the sound continuation requirement, but that plays a factor in this as well because part of the area within the eastern APZII is within that 65-decibel area. That would be another factor over there why you wouldn’t want to do that. Mr. James provided the following that shows the sound contours that are out in that area. Mr. James stated he can appreciate the comment from the woman tonight about how the planes fly; part of what the JLUS covers is what those flight patterns are, what they were before and what they are now. We can certainly go back and revisit that. When you look at those flight patterns that are designated, it flies overhead quite a bit. Part of where the recommendation where the 5-acre minimum comes into play there are a couple of things: One is we typically tell folks if you want to subdivide a tract of land you have to come in and go through the platting process. It’s a subdivision and you have to go through our platting process and platting standards which means lots have to meet the appropriate sizes, widths, depths and you have to construct infrastructure to serve that development. Just like a typical residential neighborhood. State law provides an exemption for subdivisions if both the parent 9-12-2017 Minutes Page - 17 - and the new tract are at least 5 acres, essentially have access to a frontage on a road and if it doesn’t trigger new infrastructure to serve those lots. One of the problems we had with the 1 unit per 10-acre and 1 unit per 20-acre is folks don’t have to go through us if they keep all lots above 10 acres. So, by going with the 5-acre it ensures that someone doesn’t inadvertently create a problem in saying I bought this portion from another person and why can’t I build a house on it. They wouldn’t have done anything wrong or violated any of our rules, whereas the 5-acre on the value and not going above that is they would have had to go through the subdivision process. We have that occur now. We have been asked on a number of occasions what this has to do with the recommendation of the area in between the APZ area, the areas in the center. Mr. James provided a photo on the overhead that showed this area. The previous JLUS did not make reference to it, there weren’t any restrictions on it. That was a problem from a city planning standpoint. It was really difficult to take the two large areas on either side and say we are going to have restrictions on development and density, but we are going to allow the area in between to develop without those restrictions. Mr. James continued with explaining the overhead map. Mr. James stated as he would characterize it, he thinks that what he has heard from citizens is the 1-10 and 1-20 is extreme. It doesn’t allow individuals to sell off a portion of their property. He didn’t hear at these meetings that citizens were wanting to change the character of the area and have the rural feeling of the area go away. That was the other part wanting to maintain that balance. There were some citizens that said 5 is much better and they can live with that; there were some saying it needs to be a little more dense. One of the things that we have been doing is we have been going through and mapping out the different tracts of land and the different types of ownerships. We have a mix, and he will say in some areas when we talk about this some of these decisions don’t have an impact because of the size of the properties and the way those are laid out. The regulations affect different people going forward. Mr. James showed the different acreage areas on a map. He stated we also looked at what the implications are in terms as those wanting to subdivide property in going forward. So, we started looking at how many acres we have out in the area, and the different lot sizes and how many houses that would correspond to and what the population would correspond to. They looked at different ways to frame this up. What Randolph has come back with after looking at the crash pattern and looking at some incident data is looking at the lotting patterns; they have come back to say they feel like a 5- acre minimum on subdividing is appropriate. It gets them to that point that if there is an event, they are in that 50-50 range. Randolph’s concern was if dropping down to that 2 ½, if there was an event it would take out a house. That was the push. One of the frustrations that citizens voiced was the cities permitting process. Our regulations assume it’s the same situation for everybody. So, someone coming in on a 5/7-acre piece has to follow all the same issues with someone coming in on a 2-acre piece. What we had in the 9-12-2017 Minutes Page - 18 - past with Planning and Zoning is septic systems, and at what density and what lot size they were willing to tolerate septic systems. Planning and Zoning is not comfortable with ½ acre lots being on septic systems. If we modify the codes, ultimately with this, if we want a larger lot size, the 5 acres, there are some things we may have a greater comfort level being able to do in terms of what the processes are and what the code is. Those that come in now and want to subdivide, they have to go to Planning and Zoning to get the waiver for platting on septic, even if they are on 5 acres. There may be some things to smooth out. In closing, the recommendation is 5 acres and what was committed to the residents was that within six-weeks to two months the language would be written for the UDC and what the code might look like, so that they can look at the devils and the details, and at that point walk them through this. Mr. James addressed questions and concerns from Council. Consent Agenda Items The Consent Agenda is considered self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. Mayor Carpenter recognized Councilmember Crawford who asked if item 1 could be removed from consent for separate action. 2. Cancellation of the October 3, 2017 City Council meeting – Consideration and/or action cancelling the October 3, 2017 City Council meeting due to National Night Out. (B. Dennis/Mayor Carpenter) Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Thompson to approve consent item 2. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Discussion Items 1. Minutes – Approval of the minutes of the Regular Meeting of September 5, 2017. (J. Kessel/B. Dennis) Mayor Carpenter recognized Councilmember Crawford who stated that in reading the minutes earlier today he noticed that not everything was captured in as great detail as other parts were; the part where Mr. Thompson spoke was edited more severely than other parts were. He would like that looked at again and brought back to council to be more accurate for the reflection of what was on the DVD versus what was in the written minutes so that they are accurate. Mayor Carpenter asked if there was any particular language he would 9-12-2017 Minutes Page - 19 - like added. Mr. Crawford stated he would like it to be transcribed as accurately as was done for everybody else. Mayor Carpenter suggested he write up what he would like it to be and they can bring it up at the next meeting and then consider those changes. Mr. Crawford stated that whoever does the transcribing, he would like them to do that. Mayor Carpenter stated they have gone through that exercise and if we don’t place something in front of them they won’t know what is acceptable or not. Mr. Crawford asked if they could bring something back in front of Council at the next meeting and he will tell you then. Mayor Carpenter then requested that the City Secretary place the approval of the minutes of September 5, 2017 on the next agenda. 3. Resolution No. 17-R-82 – Consideration and/or action approving a Resolution authorizing a contract with Capital Excavation Company relating to the reconstruction of Schertz Parkway from Maske Road to Live Oak Road and authorizing the budget expenditures for the project. (B. James/K. Woodlee/J. Nowak) Mayor Carpenter recognized Engineer John Nowak who stated they have received a number of bids for this much needed project for road repairs on Schertz Parkway from the intersection of Live Oak Road and ending at the intersection at Maske Road. The bidder who submitted the lowest cost for the project also comes highly recommended and has excellent qualifications. Staff feels confident they have stacked the deck very much in the city’s favor for a good project. Mr. Nowak addressed questions/comments from council. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 17-R-82. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 4. Ordinance 17-T-36 – Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing a budget amendment to fund state deployment costs, to establish a trail grant project, and to transfer budget amounts between departments; repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. First Reading (B. James/J. Walters) Mayor Carpenter recognized Finance Director James Walters who stated this budget adjustment has three parts to it. 1. Deployment costs for Hurricane Harvey, (Fire and EMS). This will eventually be reimbursed to the city by the state. 2. Establishing a budget for a Texas Parks & Wildlife Grant for Recreation Trails Phase II 3. Transfer funds between General Fund Departments to areas estimated to be overbudget by end of year. Deployment Costs: Our fire and EMS staff can be deployed to assist with disasters around the state. All overtime and equipment costs are fully reimbursable by the state. An 9-12-2017 Minutes Page - 20 - estimated $100,000 of expenditures are expected related to Hurricane Harvey deployments. All 4100,000 will be reimbursed and not impact the fund balance. Parks Trail Grant: The City received a grant from the Texas Parks and Wildlife Department for the Recreation Trails Phase II. The total grant project cost is $109,125, $87,300 reimbursed through grants and $21,825 estimated of staff labor. City portion will be in-kind labor through the regular operating budget. Mr. Walters provided a map showing the new park trail. General Fund Budget Transfer: There will be a transfer of funds of $306,727 between General Fund Departments. It will cover departments estimated to be overbudget by the end of the year. There will be no impact to the fund balance. Departments estimated to be overbudget: Streets $39,755 – Borgfeld/Dietz intersection improvement. Parks $68,209 – Water leak in Pickrell Park. Animal Services 434,625 – Sewer charges and high water use. Finance $12,064 – required Bond Arbitrage review. Facility Services – High A/C repairs and Community Center roof repair. City Assistance $29,112 – cost of the senior meal program. Departments estimated underbudget: City Council $10,000 – lower election cost. Legal Services $68,000 – lower legal expenses. Pools $60,701 – Aquatics Center opened in January. Event Facilities $10,000 – lower equipment purchases and advertising. Vacancy Savings $58,962 – in Human Resources, Records, Purchasing, Police, and City Manager/EDC. Contingency $99,065. Staff members addressed questions/comments from Council. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro-Tem Edwards to approve Ordinance 17-T-36 first reading. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 5. Discussion and possible action on the placement of an item regarding the City Councils Rules of Procedure on a future agenda. Mayor Carpenter requested that on the next available meeting we need a discussion and possible action item with regard to the Council’s Rules of Procedure, Code of Ethics and potential changes to the City Charter. Roll Call Vote Confirmation 9-12-2017 Minutes Page - 21 - Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call vote for agenda items 1-6. Roll Call Vote Confirmation Requests and Announcements 7. Announcements by City Manager. No announcements were made. 8. 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 shall instruct the City Secretary to place on the agenda for the next regular session an item to discuss the merits of placing the item that was objected to on a future agenda for full consideration. No items were requested. 9. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Carpenter recognized Mayor Pro-Tem Edwards who stated that he along with Councilmember Gutierrez attended the 2nd Grand Opening for Brighter Futures Learning Center. He stated that this was a wonderful event. Mayor Carpenter recognized Councilmember Davis who stated that he attended the Schertz Housing Authority meeting last night and they were able to get their application in for the lawsuit in time. So, they are now a party to a second lawsuit as it potentially goes forward for the 2012 disbursement. Mayor Carpenter recognized Mayor Pro-Tem Edwards who asked for a Point of Privilege and stated that he also wanted to announce that Councilmember Thompson attended the grand opening as mentioned above as well. Mayor Carpenter stated that his Point of Privilege is well taken and entered into the record. Mayor Carpenter recognized Councilmember Gutierrez who stated that he attended the Paws in the Pool event. He stated that he believed that 42 canines were registered but they did not have any cats. He stated that this was amazing, as one little puppy did not want to get out of the water; his name was Tucker. His hat is off to the Parks and Recreation Department and the YMCA for putting on this event together. Great event! 9-12-2017 Minutes Page - 22 - Adjournment As there was no further business, Mayor Carpenter adjourned the meeting at 10:30 p.m. ________________________________ Michael R. Carpenter, Mayor ATTEST: __________________________________ Brenda Dennis, City Secretary Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: September 26, 2017 Department: Finance Subject: Ordinance No. 17-T-36 - An ordinance by the City Council of the City of Schertz, Texas authorizing a budget amendment to fund state deployment costs, to establish a trail grant project, and to transfer budget amounts between departments; repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date; Final reading BACKGROUND With Ordinance 16-T-29 the City Council of the City of Schertz approved the annual budget for FY 2016-17 which the City must have in place to make expenditures. Per the Texas Local Government Code Title 4 Subtitle A Sec. 102.009 (b) after final approval of the budget, the governing body may spend municipal funds only in strict compliance with the budget. Section 102.010 states the governing body of the municipality may make changes in the budget for municipal purposes. As noted in the City Council Memo for the budget adjustment presented on July 25, 2017 after a review of best practices, staff is proposing to group budget adjustments and present them to Council on generally a quarterly basis around the time of the quarterly budget report, which is anticipated to come to City Council at the next meeting. Staff is proposing to amend the budget to increase the General Fund Budget by $60,000 and the EMS Budget by $40,000 for the firefighter and paramedic deployment to assist with disaster mitigation caused by Hurricane Harvey, which is anticipated to be offset by a reimbursement from the state. Parkland Dedication needs to increase its budget to establish the grant project budget for a Texas Parks and Wildlife Trail Grant for the Recreation Trail Phase II. The General Fund amendment will also transfer funds between departments to cover expected budget overages at year end. This transfer will result in no increase in the overall budget. Our Fire Department and EMS personnel can be deployed by the state to assist with disasters around the state. The past few years deployments have ranged from helping fight wildfires to assisting the City of West with their fertilizer plant explosion. Currently our staff is deployed to help with the recovery efforts in the aftermath of Hurricane Harvey. Costs related to the deployments are fully reimbursable by the state. Staff has estimated the impact to the City for the deployments will be close to $100,000 by the end of September. This budget adjustment is to increase the overtime budget to match the deployment number and to recognize the state’s $100,000 reimbursement which will offset any impact on the General Fund or the EMS Fund caused by this deployment. The Texas Parks and Wildlife Grant was awarded for the Schertz Recreation Trail Phase II project on January 20, 2011. This grant is to complete the Recreation Trail Phase I which was also funded by a Texas Parks and Wildlife Grant. Phase II will be 1.8 miles long, 10’ wide, and comprised of decomposed granite over a compact base material. This trail will connect the City Hall parking complex to the east entrance of the ball field complex and to the walking bridge to Clemens High School. After connecting to the Phase I trail, the new trail will travel east along the drainage channel to the United States Post Office. The total budget for this project was proposed at $109,125 of which 80% will be reimbursed by the Texas Parks and Wildlife Department through the grant. The City’s match requirement $21,825 and is proposed to be through providing all of the labor for the project through the proposed operating budget for Parks. General Fund Interdepartmental Transfers are as follows: Transfer To: Streets - $39,755 The Cibolo/Schertz Borgfeld/Dietz intersection improvement interlocal agreement was approved by Schertz City Council in September 2016 and amended the FY 2015-16 Budget for the funding, however the agreement was not fully executed by the Cibolo City Council and paid until August 2018. Parks - $68,209 Electric and Water Utility Services will be overbudget. The larger than expected water services will be a result of a water leak identified in the park that is currently being fixed. Animal Services - $34,625 The Water Utility Service account will be overbudget. It was discovered sewer charges had been left off the utility bills for the new building and are now added. In addition it was noticed that there was a increase in consumption in July and August as a result of improper use of the flush valve. Finance - $12,064 The Arbitrage Study which commenced July 25, 2016 had completed its first round of review for $24,255. This review needs to be done every 5 years to check compliance with IRS regulations on tax free municipal bonds. Personnel savings due to vacancies help offset the first year cost. Facility Services - $122,962 The City had many repairs to A/C systems and the Community Center roof this year. The Community Center roof repair was $29,762 while major A/C repairs have been $53,354 to date. The building maintenance line has been averaging $32,000 per month in repairs and needs $122,962 to close out the year. City Assistance - $29,112 The meal program for the Senior Center now has identified the cost and will need additional funding for FY 2016-17. Total: $306,727 Transfer From: City Council - $10,000 Lower election costs than originally budgeted. Legal Services - $68,000 Legal expenses are projected to be less than the budget had set. Pools - $60,701 The budget for the Aquatics Center was set for a full year funding however it wasn’t able to be opened until January. Event Facilities - $10,000 Lower equipment purchases and less advertising than originally budgeted Human Resources - $12,962 Vacancy savings from the HR Manager position that has since been filled. Records - $10,000 Personnel savings from fewer hours worked. Purchasing - $10,000 Vacancy savings from the Purchasing Manager position that has since been filled. Police - $16,000 Vacancy savings from turnover City Manager/EDC - $10,000 Vacancy savings from the EDC Analyst position that has since been filled. Contingency - $99,065 Remainder to fund from the City’s contingency account Total: $306,727 City Council approved this on first reading at their meeting of September 12, 2017. Summary of Recommended Action Approval of Ordinance 17-T-36 approving the year end budget adjustment. FISCAL IMPACT This ordinance will increase the General Fund Budget by $60,000 and the EMS Budget by $40,000. Both increases will be supported by reimbursements by the state and will not affect fund balance levels. The Recreation Trail Phase II will use $21,825 of the existing personnel budget in Parks as the labor for the project will be provided by staff and will not require additional City Funds to be approved. The General Fund Transfers between departments will not result in any increase in the General Fund approved budget. RECOMMENDATION Approval of Final reading Ordinance No. 17-T-36 ATTACHMENT Ordinance No. 17-T-36 ORDINANCE NO. 17-T-36 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET AMENDMENT TO FUND STATE DEPLOYMENT COSTS, TO ESTABLISH A TRAIL GRANT PROJECT, AND TO TRANSFER BUDGET AMOUNTS BETWEEN DEPARTMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 16-T-29, the City of Schertz (the “City”) adopted the budget for the City for the fiscal year 2016-2017 (the “Budget), which provides funding for the City’s operations throughout the 2016-2017 fiscal year; and WHEREAS, the City needs to increase the Budget by $100,000 for deployment costs which will be reimbursed by the state, and to increase the Budget $87,300 to authorize expenditures for a Texas Parks and Wildlife Recreation Trail Grant, and to transfer $306,727 between General Fund departments; and WHEREAS, the City needs to recognize additional revenue from state reimbursements for the deployment of City Staff for disaster recovery of $100,00 and $87,300 in reimbursements from the Recreation Trail Grant; and WHEREAS, City staff recommends that the City Council of the City of Schertz adjust the Budget and approve the additional revenue and expense and approve the transfers between General Fund departments; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and approve the budget adjustment for the General Fund and EMS Fund for the state deployment and establish a project budget for the Recreation Trail Phase II, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget by $60,000 in the General Fund for Fire Department deployments, $40,000 in the EMS Fund for deployments, and $21,825 in the Park Fund for the City’s portion of the Recreation Trail. Section 2. The City shall recognize the additional $60,000 in revenue in the General Fund and $40,000 in revenue in the EMS Fund from reimbursement of deployment costs by the Texas Comptroller of Public Accounts. Section 3. The City shall authorize a project budget for the Recreation Trail Phase II grant for $87,300 of grant reimbursable expenditures and $21,825 of in-kind labor. 50558021.1 - 2 - Section 4. The City shall transfer a total of $306,727 between General Fund departments, not changing the total authorized General Fund Budget through the transfer, as depicted in “Exhibit A”. Section 5. 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 6. 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 7. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 8. 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 9. 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 10. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 12th day of September 2017. PASSED, APPROVED and ADOPTED ON SECOND READING, the 26th day of September 2017. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 3 - Exhibit A General Fund Budget Transfer Transfer To: Streets - $39,755 The Cibolo/Schertz Borgfeld/Dietz intersection improvement interlocal agreement was approved by Schertz City Council in September 2016 and amended the FY 2015- 16 Budget for the funding, however the agreement was not fully executed by the Cibolo City Council and paid until August 2018. Parks - $68,209 Electric and Water Utility Services will be overbudget. The larger than expected water services will be a result of a water leak identified in the park that is currently being fixed. Animal Services - $34,625 The Water Utility Service account will be overbudget. It was discovered sewer charges had been left off the utility bills for the new building and are now added. In addition, it was noticed that there was an increase in consumption in July and August as a result of improper use of the flush valve. Finance - $12,064 The Arbitrage Study which commenced July 25, 2016 had completed its first round of review for $24,255. This review needs to be done every 5 years to check compliance with IRS regulations on tax free municipal bonds. Personnel savings due to vacancies help offset the first year cost. Facility Services - $122,962 The City had many repairs to A/C systems and the Community Center roof this year. The Community Center roof repair was $29,762 while major A/C repairs have been $53,354 to date. The building maintenance line has been averaging $32,000 per month in repairs and needs $122,962 to close out the year. City Assistance - $29,112 The meal program for the Senior Center now has identified the cost and will need additional funding for FY 2016-17. Total: $306,727 50558021.1 - 4 - Transfer From: City Council - $10,000 Lower election costs than originally budgeted. Legal Services - $68,000 Legal expenses are projected to be less than the budget had set. Pools - $60,701 The budget for the Aquatics Center was set for a full year funding however it wasn’t able to be opened until January. Event Facilities - $10,000 Lower equipment purchases and less advertising than originally budgeted Human Resources - $12,962 Vacancy savings from the HR Manager position that has since been filled. Records - $10,000 Personnel savings from fewer hours worked. Purchasing - $10,000 Vacancy savings from the Purchasing Manager position that has since been filled. Police - $16,000 Vacancy savings from turnover City Manager/EDC - $10,000 Vacancy savings from the EDC Analyst position that has since been filled. Contingency - $99,065 Remainder to fund from the City’s contingency account Total: $306,727 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: September 26, 2017 Department: City Secretary Subject: Boards, Commissions and Committee Member Resignations BACKGROUND The City Secretary’s Department recently received a resignation notice from Mr. Christian Glombik stating that effective October 1, 2017 he will be vacating his seat on the Schertz Planning and Zoning Commission as he will no longer be residing in the Schertz area. FISCAL IMPACT None RECOMMENDATION Staff recommends Council accept the resignation of Mr. Christian Glombik effective October 1, 2017. ATTACHMENT Resignation Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: September 26, 2017 Department: Finance Subject: Resolution No. 17-R-83 – Consideration and/or action approving a Resolution authorizing 3rd quarter EMS, Utility Billing and Schertz Magazine Revenue Adjustments. (B. James/J. Walters/J. Mabbitt, L. Klepper) BACKGROUND: In the EMS, Utility Billing, and Magazine functions, services are provided to customers up front and billing is settled later. Since services are provided before receiving payment, inevitably the City has customers that do not pay for the services provided. When this occurs, staff reaches out to the customer to try to collect the outstanding payment including follow up notices and phone calls to try and reach out to the customer to remind them of the outstanding balance and encourage payment. However, the longer the customer account goes without a payment the less likely that any payment will be received. Once a customer account reaches 180 days without payment, Staff brings those accounts to the City Council to be “written off”. This process is an accounting procedure following the Generally Accepted Accounted Principles (GAAP), which lays the framework of accounting practices in the U.S. This designation means it is unlikely those outstanding balances will ever be collected. This leads to an accounting adjustment on the City’s Financial Statements to accurately show how much is still outstanding and is reasonable to expect collection. If a customer’s account has been written off, this does not erase or forgive that debt. The city can and does collect some portion of the amount owed by those customers. This can be through the debt collection agency used by EMS or if the customer returns to the City and requests new services through the Magazine or Utility Billing. Staff is in the process of exploring best practices that can lead to lower write offs going forward. The resolution authorizes the debt for these areas that is more than 180 days outstanding as of August 31, 2017 to be written off. These write offs come before council quarterly and last came before council on June 27th, 2017. Previous Write off Amounts: February 2017: $621,138.97 June 2017:$544,944.16 Current write off amount: $510,516.01 City Council Memorandum Page 2 Memo-Resolution.doc FISCAL IMPACT This accounting adjustment will not affect the City’s Budget or financial standing. The amount written off is estimated during the budget process and is accounted for in the revenue estimations and the bad debt expense accounts. The action taken tonight will reduce the amount shown as owed to the City by $510,516.01 and set it equal to the amount seen as still reasonably collectible. The breakdown by department is as follows: EMS - $501,757.90 Utility Billing - $8,758.11 Magazine - $0.00 There are no write offs for the magazine at this time. RECOMMENDATION Staff recommends Council approve Resolution No. 17-R-83 ATTACHMENTS Resolution No. 17-R-83 RESOLUTION NO. 17-R-83 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS, UTILITY BILLING DEBT REVENUE ADJUSTMENTS AND SCHERTZ MAGAZINE DEBT REVENUE ADJUSTMENTS FOR CERTAIN INACTIVE OUTSTANDING RECEIVABLES AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the City maintains quarterly debt revenue adjustments for inactive outstanding accounts; and WHEREAS, the City Council has determined that it is in the best interest of the City that all inactive outstanding accounts after 180 days nonpayment will be sent to City Council for consideration for write offs. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the write off in the amount and distribution of accounts below: Function Amount EMS $501,757.90 Utility Billing $8,758.11 Magazine $0.00 Total $510,516.01 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 finding 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 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 26th day of September, 2017. CITY OF SCHERTZ, TEXAS __________________________________ Mayor Michael R. Carpenter ATTEST: ___________________________ City Secretary, Brenda Dennis (CITY SEAL) Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: September 26, 2017 Department: City Manager Subject: Resolution No. 17-R-86 – Approving a Resolution re- appointing Steve White to the Board of Directors of the Cibolo Valley Local Government Corporation (CVLGC) BACKGROUND The CVLGC Board seat currently held by Steve White of Schertz has a term that expires on September 30, 2017. This is scheduled to be filled by the City of Schertz and the new term will be through September 30, 2021. It is staff’s recommendation that the City of Schertz re-appoint Mr. Steve White to serve on the Cibolo Valley Local Government Corporation (CVLGC) Board of Directors Place D-4 for the term commencing on October 1, 2017 and ending on September 30, 2021 (the “Term”). Mr. White has agreed to continue to serve and the CVLGC Board of Directors supported his re-appointment and his continued service as the Treasurer of the Board. FISCAL IMPACT None RECOMMENDATION Approve Resolution No. 17-R-86 re-appointing Mr. Steve White to the Board of Directors Place D-4 of the Cibolo Valley Local Government Corporation. ATTACHMENT Resolution No. 17-R-86 RESOLUTION NO. 17-R-86 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS RE-APPOINTING STEVE WHITE TO THE BOARD OF DIRECTORS PLACE D-4 OF THE CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the City re-appoint Steve White to serve on the Cibolo Valley Local Government Corporation (“CVLGC”) Board of Directors Place D-4 for the term commencing on October, 1, 2017 and ending on September 30, 2021 (the “Term”); and WHEREAS, the City Council has determined that it is in the best interest of the City to re-appoint Steve White to the CVLGC Board of Directors Place D-4 for the Term; and WHEREAS, Steve White has served well and desires to continue to serve on the CVLGC Board of Directors Place D-4 for the four year term; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby appoints Steve White to serve on the CVLGC Board of Directors, Place D-4 for his recommended Term. 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 26th day of September, 2017. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: September 26, 2017 Department: City Secretary Subject: Amended Minutes BACKGROUND The City Council held a Regular Meeting on September 5, 2017. At the City Council meeting of September 12, 2017 Councilmember Crawford requested that the minutes of September 5th be reviewed again by staff as he noticed that not everything was captured in as great detail as other parts were—specifically the part where Mr. Thompson spoke. He requested that a more accurate reflection of what was on the DVD be added to the written minutes and that they be brought back to council for review and approval. Councilmember Crawford has since collaborated with the City Secretary’s office and has expressed his satisfaction with the amended results as rewritten and submitted for approval. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the amended minutes of the Regular meeting of September 5, 2017 reflecting the correct spelling of ‘censure’ and adding more detail in the area requested as mentioned above. ATTACHMENTS Regular Meeting of September 5, 2017 amended minutes 9-05-2017 Minutes Page - 1 - AMENDED MINUTES REGULAR MEETING September 5, 2017 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 5, 2017, 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 Mark Davis Councilmember Ralph Gutierrez Councilmember Scott Larson Councilmember Robin Thompson Councilmember Angelina Kiser Councilmember Bert Crawford Staff Present: City Manager John Kessel Executive Director Brian James Executive Director Dudley Wait City Attorney Charles Zech Assistant to the City Manager Sarah Gonzalez City Secretary Brenda Dennis Call to Order – City Council Regular Session Mayor Carpenter called the meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Gutierrez) Councilmember Gutierrez provided the opening prayer followed by the pledges of allegiance to the flags of the United States and the State of Texas. Mayor Carpenter recognized Boy Scout Austin Daakae, with Troop 51 who was in the audience this evening working on his Citizenship in the Community Merit Badge. Mayor and Council welcomed him. City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who provided the following announcements: Thursday September 7th Groundbreaking (New addition) Ceremony for Founders Classical Academy 8:00 a.m. 8435 E. 1518 North, Schertz Friday, September 8th Ribbon Cutting – 3009 Hair Lounge 4:30 pm 2901 Ashley Oak Drive 9-05-2017 Minutes Page - 2 - Saturday, September 9th Paws in the Pool Noon - 4:00 pm Pickrell Park Pool Sunday, September 10th Paws in the Pool Noon - 4:00 pm Wendy Swan Park Pool Tuesday, September 12th City Council meeting – 6:00 p.m. Saturday, September 16th SchertzQ Pickrell Park SAVE THE DATE: Friday, September 29th Star Party 7:30 pm – 10:00 pm Crescent Bend Nature Park Thursday, October 26th Simonson Volunteer Appreciation Dinner 6:30 pm Schertz Civic Center Friday and Saturday, October 27-29 Skylight Balloon Fest River City Community Church Grounds, 16765 Lookout Road, Selma Election Information October 9th-Last day for submitting Voter Registration Application in time to vote in the November 7, 2017 Election and last day for requesting Transfer of Registration in time to vote. October 23, 2017-First day in which Early Voting begins. Information regarding Early Voting locations and times and Election Day locations will be posted on our city website. • Announcements and recognitions by City Manager (J. Kessel) City Manager John Kessel provided kudos and shout out to new Public Works Employee Elmo Bendale for stopping and assisting EMS Director Jason Mabbitt who had stopped to pick up several tree branches that were on FM 3009. New Employee Recognition 9-05-2017 Minutes Page - 3 - Animal Services – Animal Services Officer – Patrick Ferry (D. Hernandez) Human Resources – Human Resource Manager – Lindsey Cox (J. Kurz) Parks, Recreation and Community Services – Park Maintenance Crew Leader - Jared Montney (C. VanZandt/L. Shrum) Public Works – Street Worker 1 – Richard Rodriguez (J. Hooks/D. Letbetter) Each Department Director came forward and provided a brief bio of each new staff member. Mayor and Council welcomed everyone aboard. Hearing of Residents Mayor Carpenter recognized the following who commented on a recent inappropriate face book post from a Councilmember: • Mrs. Clare Layton, 12231 Lost Meadows Drive • Mrs. Diana Taylor, 5505 Columbia Drive Mrs. Taylor also stated that there are still problems in her neighborhood with homes, construction workers working at odd hours and condition of the roads as well as speeding. • Mr. Grumpy Azzoz, 528 Wayward Pass Mayor Carpenter recognized the following who spoke in favor of funding a Local Flavor Small Business Grant Program: • Mrs. Maggie Titterington, The Chamber President Mrs. Titterington also reminded everyone that October 11, 2017 is Meet the Candidates for Schertz City Council as well as the SCUCISD School Board – please respond to the Chamber so that you can get registered, event will be held at the Schertz Civic Center. • Mrs. Hengam Stanfield, 6044 FM 3009 – spoke on funding the Local Flavor Program. Mayor Carpenter recognized the following who addressed council regarding other issues: • Mrs. Michele Tereletsky, 705 Marilyn Drive – who addressed Council regarding accessibility concerns for the “No Name Park” off Schertz Parkway. • Dr. David Scagliola, 3418 Foxbriar Lane – who addressed Council regarding being a candidate for the upcoming November Election. Mayor Carpenter recognized Mayor Pro-Tem Edwards who asked for a point of privilege to read a statement and give Councilmember Thompson an opportunity to address the citizens and their concerns and or comments. Mayor Carpenter reminded those wishing to speak on this issue to be mindful of the Texas Open Meetings Act and its provisions. If you are commenting on anything that is not already on the agenda – that it is still the law of the land. 9-05-2017 Minutes Page - 4 - Mayor Pro-Tem Edwards read the following: “It’s said that the appearance of being better than others is so dangerous but even more dangerous is to appear to have no faults and no weaknesses. I accept that, nothing is certain in life and we aren’t guaranteed to see tomorrow. So, I ask that we as body let grace prevail so let he who is without sin cast the first stone. As a community leader, as a business owner, a father, husband and brother to many people of all walks of life, I understand the emotional and psychological harm that can happen with a single social media post. I have trained my children to be aware of pressing enter without thoughtfully considering all the consequences and ramifications. I have always been a Schertz and surrounding community first type of leader. It is not about the City of Schertz, any position he holds, nor personal gain or gratification, and it certainly cannot be about one mistake. He says this because his sins are too numerous to count and he too has fallen short and don’t truly deserve mercy, grace or forgiveness provided by almighty God. He is all in for Schertz as a community and I am all in for a positive pressure to create a culture of excellence. I will always encourage the openness and transparency with our leadership and our citizens. They deserve nothing less. An unfortunate face book post cannot be our defining moment. I believe the way you carry yourself will often determine how you are treated in life, and in the long run appearing racially insensitive or demeaning will make people disrespect you. A leader respects himself and inspires the same sentiment in all and even others. By acting with respect of others and confident in their power, when and when not to use them, you make yourself destined for a higher calling and a higher purpose. I will protect the shield that says Schertz and I don’t believe Councilmember Thompson or anyone else on the Council or in this community will want anything less.” Mayor Pro-Tem Edwards stated that he would like to give Councilmember Thompson the opportunity to address the Council in either open or closed session and then publicly address the attendees in the Council Chambers. Mayor Carpenter stated that before he goes on, when he considers the Councils Rules of Procedures at a time like this, he is going to state, “that they are now at Item 13, Announcements by Mayor and Councilmembers”, and will afford an equal opportunity to any and all Councilmembers who would like to speak at this time under item 13. Requests and Announcements 13. 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 9-05-2017 Minutes Page - 5 - Mayor Carpenter recognized Councilmember Thompson who stated that one of his goals in coming on Council was to be a person of integrity and compassion, whose overall goal was to help bring people together for the common good. He believes that he has accomplished that the majority of the time that he has been up here. He stated that tonight marks the 4th time in his life that he has been called a racist. Councilmember Thompson provided commentary and explanation regarding those times, and asked those to forgive some of the language he used, as it was exactly what was said to him. Councilmember Thompson stated that the post that he shared was not meant in any form or manner to be racist. It was inappropriate. A personal friend and face book friend told him about it and he looked at it and thought that he had never thought of it in that light. He apologized on line to him and deleted the share, did not think much about it. His friend accepted his apology and we both went on. The first time he was called a racist was when he was in Georgia where he and his wife had gone to be with a church, which was in a white community in a black neighborhood. They reached out to the neighborhood and when his one-year review came up, his numbers were up and everything was going good. He was called in by the church leaders, and forgive the language I am going to use, but it was exactly what was said to me. ‘We are firing you because you are encouraging ***’s to drink our water and use our bathrooms, by bringing these black kids into the church.’ He was fired on the spot for reaching out to blacks, reaching out to the neighborhood, for reaching out to children of all color. For that he was called a racist. The second time he was called a racist, he was also in a church—singing ‘Jesus Loves the Little Children.’ Someone approached him saying he didn’t realize he was such a racist. The person said you are singing a song of red, yellow, black, and white—but the song shows you are a racist because it doesn’t include the word brown. Therefore, you and your church must be racist and not want Hispanics in the church. The third time he was called a racist, was a few years ago when the ‘Black Lives Matter’ did begin to come up. He believes that all lives are created in the image of God, and hence, he said, ‘All Lives Matter’ online. Again, he was criticized for being racist. Tonight marks the fourth time. The post he shared was not meant in any form or manner to be racist. It was inappropriate and a personal/Facebook friend told him about it. He looked at it and said, ‘I never thought of it in that light.’ He apologized online to him and deleted it and didn’t think much about it. He accepted his apology and they both went on. The furor erupted over this post when a former Councilman put it online. Councilmember Thompson stated that his question is “why would you edit it so carefully as to leave out the online apology?” Interesting question, that is for Mr. Azzoz to answer and not him. Because it was an online post that was inappropriate, he chose to ask apologies online, because it involves The Chamber, the City Council he will seek that same apology before The Chamber and before the Council. If a person knows who he is, they realize he is not racist. 9-05-2017 Minutes Page - 6 - For the last 40 plus years he has tried to bring people of all color, all gender, all background, all social class into the body of Christ, because he believes Christ and his Church is the great equalizer on this earth. That is his goal and will continue to strive to reach every group because the book of “Revelations” tells us that one day every knee, every tongue, every tribe, every gender, every race are going to bow before Jesus Christ. Ultimately, we answer to him. Tonight, he answers to his Father in Heaven, he answers to his spouse, his children, to the citizens of this community and he thanks everyone for the opportunity of hearing him. Mayor Carpenter recognized Councilmember Gutierrez who stated as a Councilmember he is held accountable and has a responsibility to address comments posted on Facebook. Councilmember Thompson has realized his comments were interpreted as insensitive and has taken full responsibility for his actions. Councilmember Thompson has apologized for making these remarks. It is normal to question ourselves in situations wondering whether we heard the person right or if it was just a joke. The true question is how this person normally interacts with others, his character his integrity unselfishness and compassion. I have known Councilmember Thompson since he was elected into this position is and he has personally assisted him in his transition of this new role. Councilmember Thompson has earned his respect as a person, a businessman and City Council. He has a willingness to do what is best for the city. He has supported our police and fire departments. He has supported our military and our senior citizens. Mr. Thompson has a good heart. Some citizens have requested City Council to take some kind of action regarding this matter, but be aware politics and elections over inflate actions. Many attempt to take advantage to discredit their less desirable candidate; many of us have made comments that we later regret. He can appreciate how hurt, how angry, how frustrated and how disappointed many of you may be. He appreciates his apology and his willingness to make amends and we all know an apology is the super glue of life. Councilmember Gutierrez thanked everyone. Mayor Carpenter recognized Councilmember Kiser who stated that she hears people all the time say I’m not racist and then they put a Facebook post up that is racist. Or they say something that is racist and say but I’m not racist. She is not saying that Councilmember Thompson is racist. What he put up there was completely inappropriate, and when she hears someone say well if someone hadn’t reposted it, well its motivated by politics, that means that that person is not taking responsibility. The post was made by Councilmember Thompson, that’s the bottom line. He put it up there, that’s where the blame lies. She is not going to put the blame on someone who responded and said it was inappropriate. She is not going to put the blame on someone who took a screen shot. That’s not where the blame lies. Someone needs to take responsibility and hopefully he is, she doesn’t know, because when someone does something like that and she sees a post online, even the apology saying what I learned was, and she is paraphrasing was that I need to be careful about what I post on Facebook, for her that is not an apology. That is saying I got caught and people didn’t 9-05-2017 Minutes Page - 7 - like what I posted and I need to be careful what I post. So, someone with integrity takes responsibility, and yes, she believes in grace and compassion but like she has taught her children, when you do something wrong there are consequences. Right now, what she is hearing is there should be no consequences, let’s just accept an apology. She doesn’t know too many people that can go before a judge after robbing a bank and say I’m sorry and the judges says ok apology accepted, bye. There are consequences. When we do something wrong, there should be consequences. Yes, we have all made mistakes, she agrees, but when we don’t take responsibility, when we don’t have any consequences for those poor actions and bad judgment, I don’t think that we learn that much. She is sorry that just to be able to sit up here and say I’m sorry, she doesn’t think that is a consequence. Mayor Carpenter recognized Councilmember Crawford who asked if they were going to discuss this in any kind of executive session tonight? Mayor Carpenter answered, we are not posted to do so. Councilmember Crawford asked if we could post it for next week and the reason he asks is, like his fellow Councilmember and maybe Mayor Pro-Tem Edwards who spent six years in the Air Force, Councilmember Gutierrez spent 15 years in the Air Force and he spent 38 years in the Navy, that comment about being responsible for our actions. We lived in the military and others in the chambers lived in the military, we lived under two sets of rules, Uniform Code of Military Justice and the US Civil and Criminal Code. Being held to a higher standard and being responsible for our actions, being accountable and sitting here, we have a level of authority, do we need to be responsible for what we do and do we need to be accountable for how we do it. Yes, he has lived that way for 38 years and yes, he made some mistakes, yes, we all make mistakes but when he did make a mistake, he would state that he did make the mistake and here is what I did to fix it and keep going, and if there was a penalty, he would take the penalty. He believes the discussion of what we do when someone makes an apology on a serious issue, that’s fine and acceptable to make that apology but there is a consequence to this. A lady walked out of this chamber a while ago, she was not happy, he hated to see this. The question is do we need more discussion asking Councilmembers Davis, Larson and Edwards. Mayor Carpenter interjected stating that when we come back around to item 12 where we have the ability of placing items on a future agenda, he can bring it up then, and if no objection, it will be placed on the agenda. Councilmember Crawford thanked the Mayor. Mayor Carpenter moved back the regular portion of the agenda. 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. 9-05-2017 Minutes Page - 8 - 1. Minutes – Approval of the minutes of the Regular Meeting of August 29, 2017. (J. Kessel/B. Dennis) 2. Ordinance No. 17-T-29 – Consideration and/or action approving an Ordinance authorizing an amendment to the FY 2016-17 General Fund to create and fund four additional Crossing Guard positions. Final Reading (D. Wait/J. Walters/M. Hansen) The following was read into record: ORDINANCE NO. 17-T-29 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE FY 2016-17 GENERAL FUND TO CREATE AND FUND FOUR ADDITIONAL CROSSING GUARD POSITIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Councilmember Davis who moved, seconded by Councilmember Thompson to approve consent items 1 and 2. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Discussion Items 3. Ordinance No. 17-T-30 – Consideration and/or action approving an Ordinance on the proposed FY 2017-18 Budget. Final Reading (B. James/J. Walters) The following was read into record: ORDINANCE NO. 17-T-30 AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30, 2018, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF SCHERTZ, TEXAS; PROVIDING FOR THE FILING OF THE BUDGET; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Finance Director James Walters who once again went over the highlights of the budget PowerPoint presentation he delivered at the last city council meeting on August 29. There have been no further changes to the proposed budget. Mr. Walters stated one update is that staff will be proposing to Council that the electronic sign be repaired with funding left over from the building repairs fund from the 2006 Bond which was used to repair the Recreation Center windows. He included this information as 9-05-2017 Minutes Page - 9 - this was one of the items on the lists previously provided to Council that was not funded in this year’s general fund budget. Again, we were able to find funding from left over repair funds. No action on the budget is necessary for this item. Mr. Walters stated that before Council takes action we have some discussion to think about which includes some of the non-funded program/position examples, these are in no particular funding order, just wanted to bring these back to Council for consideration:  Park Workers  Recreation Coordinator  Agenda Software  Local Flavor/Small Business Assistance  Additional Library Materials  Social Media Archiving  OpenGov This is not the entire list nor in any order, Council has seen the entire list and it was closer to 100 items. Mr. Walters stated funding of any additional items at this time would require some kind of cut or reduction of a different program within the City budget. If Council wishes to fund one of these items, they will also need to consider the impact of those changes. Council can consider funding some these items as non-funded items, but would not go into the budget directly but we would keep an eye out on these as we go forward if we were able to identify any additional funding or additional savings in other areas as it would open it up for Council fund some items on the list more towards the mid-year or wait and consider any of these items at a future budget Mayor Carpenter recognized Councilmember Larson who provided his comments regarding not funding the Local Flavor Program this year but requests being put on table of conversations for future budgets and when money is available. Mayor Carpenter recognized Mayor Pro-Tem Edwards who provided an idea, thinking outside of the box as to ways to spread some money around over the different programs on fund some of the 100-item wish list. Mayor Carpenter recognized Councilmember Davis who agreed with Mayor Pro-Tem Edwards but stated that the unfunded items we are talking about now are a moot point for the proposed 2017-2018 budget, because we didn’t include it in there so it is obviously something we are going to have to adjust for the near future. He stated that back on the 2nd of May we had a great presentation from EDC that talked about these issues and he has some notes and would like to propose something for a future Council meeting where we can address these small business options. Let’s get it on an agenda so we can discuss possible funding streams or timelines as we go forward. 9-05-2017 Minutes Page - 10 - Mayor Carpenter recognized Councilmember Gutierrez who moved, seconded by Councilmember Davis to approve Ordinance No. 17-T-30 final reading. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 4. Ordinance No. 17-T-31 – Consideration and/or action approving an Ordinance on the proposed FY 2017-18 Tax Rate. Final Reading (B. James/J. Walters) The following was read into record: ORDINANCE NO. 17-T-31 AN ORDINANCE APPROVING THE APPRAISAL ROLL; SETTING THE TAX RATE; LEVYING AND ASSESSING GENERAL AND SPECIAL AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SCHERTZ, TEXAS; APPORTIONING THE LEVIES FOR SPECIFIC PURPOSES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Finance Director James Walters who also provided his PowerPoint presentation in regard to the FY 2017-18 tax rate. Mayor Carpenter recognized Councilmember Larson who moved, seconded by Councilmember Gutierrez to approve Ordinance No. 17-T-31 final reading. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 5. Ordinance No. 17-M-34 – Consideration and/or action approving an Ordinance authorizing the amendment of GASB 54 Fund Balance Standards, Applications, and Policy of the City of Schertz. Final Reading (B. James/J. Walters) The following was read into record: ORDINANCE NO. 17-M-34 AN ORDINANCE AUTHORIZING THE AMENDMENT OF GASB 54 FUND BALANCE STANDARDS, APPLICATIONS, AND POLICY OF THE CITY OF SCHERTZ; AND RELATED MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Finance Director James Walters who stated this proposed ordinance will replace the previous policy with an updated one. The same definitions of the fund balance types and the requirement to return to a minimum fund balance within 5 years is still part of the policy. The updated sections include additional definitions, a new minimum requirement of 26% of operating expenses, and a more detailed outline for the building up and use of the unrestricted fund balances. 9-05-2017 Minutes Page - 11 - The notable section updates will be the new requirement to stick as close to the 26% requirement unless Council has authorized additional savings above the target. Another notable section will be the breakdown of the 26% requirement into 2 parts; 1% for contingency to be used for emergencies and 25% for declared disasters in the City. Mr. Walters provided a brief PowerPoint presentation. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Crawford to approve Ordinance No. 17-M-34 final reading. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 6. Resolution No. 17-R-78 – Consideration and/or action approving a Resolution authorizing a Memorandum of Understanding with the 502d Air Base Wing and the City of Schertz Police Department. (D. Wait/M. Hansen) The following was read into record: RESOLUTION NO. 17-R-78 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE 502d AIR BASE WING, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Police Chief Michael Hansen who stated this is a renewal of the existing MOU with the security forces at Joint Base San Antonio - Randolph. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Kiser to approve Resolution No. 17-R-78. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 7. Resolution No. 17-R-79 – Consideration and/or action approving a Resolution authorizing the purchase of Ambulances from Siddons-Martin Emergency Group. (D. Wait/J. Mabbitt) The following was read into record: RESOLUTION NO. 17-R-79 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE PURCHASE OF AMBULANCES FROM SIDDONS-MARTIN EMERGENCY GROUP AND OTHER MATTERS IN CONNECTION THEREWITH 9-05-2017 Minutes Page - 12 - Mayor Carpenter recognized EMS Director Jason Mabbitt who stated as part of the EMS Departments ambulance replacement plan, it was determined that two new ambulances would need to be purchased in FY 2017. The EMS Department currently has a fleet of eight (8) ambulances (a 9th ambulance is inoperable and not included in the count), five (5) of these ambulances are “Front line” or are in-service at any given time which leaves a reserve fleet of three (3) ambulances. A goal is to have 4 reserve ambulances. Mileage for these ambulances range from 46,000 miles to over 210,000 miles. In deciding how to move forward, we spoke with the Fleet Department and the EMS employees and it has been decided to purchase these two new ambulances from Siddons- Martin Emergency Group. Siddons-Martin Emergency Group is a HGACBuy Purchasing Cooperative program participant and they are the Texas dealer for Road Rescue Ambulances. EMS Director Mabbitt addressed questions. Mayor Carpenter recognized Councilmember Davis who moved, seconded by Councilmember Crawford to approve Resolution No. 17-R-79. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 8. Resolution No. 17-R-80 – Consideration and/or action authorizing the Police Department to apply for a 2017-18 fiscal year grant through the Office of the Governor – Criminal Justice Division. (D. Wait/M. Hansen) The following was read into record: RESOLUTION NO. 17-R-80 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPLICATION FOR A CRIMINAL JUSTICE DIVISION OF THE TEXAS GOVERNER’S OFFICE GRANT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Police Chief Michael Hansen who stated in response to recent events such as the 2016 shooting of police officers in Dallas, Senate Bill 12 passed during the 85th Legislature and was signed by Governor Abbott. This authorized the Criminal Justice Division of the Governor’s Office to create a grant program for the purchase of rifle-resistant body armor. Applications are now being accepted for these grant funds. The grant is a reimbursement grant that will cover the expenditures to outfit those assigned to patrol and tactical units with rifle-resistant body armor. Staff recommends approval of the attached Resolution authorizing the application with the Office of the Governor -Criminal Justice Division for rifle-resistant body armor. 9-05-2017 Minutes Page - 13 - If the grant is awarded, an ordinance would be presented to amend the budget authorizing funds for the purchase of rifle-resistant body armor. The amendment would adjust the budget to include the purchase of 43 body armors at $2,000 each for a total expenditure of $86,000 which would then be fully reimbursed by the grant. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Kiser to approve Resolution No. 17-R-80. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 9. Resolution No. 17-R-81 – Consideration and/or action approving a Resolution authorizing an amendment to the Professional Services Agreement with Cobb, Fendley & Associates, Inc., relating to Engineering Design Services for the Woman Hollering Creek Wastewater Line Project. (B. James/K. Woodlee) The following was read into record: RESOLUTION NO. 17-R-81 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH COBB, FENDLEY & ASSOCIATES, INC., RELATING TO ENGINEERING DESIGN SERVICES FOR THE WOMAN HOLLERING CREEK WASTEWATER LINE PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized City Engineer Kathy Woodlee who stated the City of Schertz is undertaking a project to construct a sanitary sewer system to collect and convey wastewater to the planned Cibolo Creek Municipal Authority (CCMA) water reclamation plant to be constructed off of Trainer Hale Road in southern Schertz. The system will consist of a gravity wastewater line from the existing lift station at the Sedona Subdivision at FM 1518 near the Woman Hollering Creek, approximately 11,500 feet to near the intersection of Woman Hollering Creek and the IH 10 right-of-way, a new lift station, and approximately 6,000 feet of force main from the lift station to the CCMA plant. The project will also include an additional gravity line approximately 1,500 feet in length along an unnamed tributary of Woman Hollering Creek that will connect to the primary gravity main. This system will provide the initial wastewater flow to the new CCMA plant and is necessary for the plant to begin operation and allow the existing Woman Hollering Lift Station at Sedona to be taken out of service. In September 2015, the City authorized a contract for professional services with Cobb, Fendley & Associates, Inc. (CobbFendley), to provide professional services including engineering, land surveying, geotechnical sampling, environmental investigation, and easement acquisition services related to the design and construction of the Woman Hollering Creek Wastewater Main Project. 9-05-2017 Minutes Page - 14 - During the initial planning and pre-design activities, field observations and meetings with stakeholders led to the investigation of alternative alignments. After working with property owners and direction from City Council to consider alternatives, a new conceptual alignment has been identified and vetted by CobbFendley and City Staff. Some factors leading to the recommended new alignment include avoidance of significant trees and tree groupings and consideration of impact to land uses of properties on which the project will be constructed. Moving forward with the new alignment and associated coordination, requires additional professional services including additional preliminary engineering, land surveying, one additional geotechnical bore, and additional right of entry services. The City is ready to move forward with the remainder of the Engineering and Design phase of the project. This phase includes completion of the land survey, environmental investigation, geotechnical investigation, easement acquisitions, and final construction design. The scope of work for the Engineering and Design Agreement also includes bid and construction phase services. Attachments to this memo include the scope of additional services, an exhibit depicting the original and revised line alignments, and an updated project schedule. The schedule currently anticipates completion of the initial portion of the system by late 2018 and acceptance of the entire project by late 2019. The project will include phased completion of construction to expedite flows to the CCMA plant. Amended Woman Hollering Creek Wastewater Line Project Budget Engineering and Design Services $ 589,850 Additional Professional Services $ 42,741 Legal $ 5,000 Advertising $ 1,000 Other Prof. Services $ 5,000 Contingency $ 60,000 $17,259 Easement Acquisition Prof. Services $ 183,300 Easement Acquisition $ 150,000 (Estimated, Excludes Condemnation) Construction $4,496,274 (Estimated) Construction Contingency $ 450,000 Project Total $5,940,424 Staff recommends authorization of the amendment to the project agreement with CobbFendley for the additional services requested to move forward with the new alignment of the Woman Hollering Creek Wastewater Line as identified in the attachments hereto. Ms. Woodlee addressed questions. FISCAL IMPACT 9-05-2017 Minutes Page - 15 - The project costs, including Engineering and Design, is funded with a combination of Capital Recovery and Certificates of Obligation Funds/Water Revenue. Costs for the additional services are within the originally presented budget as project contingency. Capital Recovery: $2,940,424 (Estimated) Certificates of Obligation: $3,000,000 Mayor Carpenter recognized Councilmember Gutierrez who moved, seconded by Councilmember Thompson to approve Resolution No. 17-R-81. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call vote for agenda items 1-9. Closed Session 10. City Council will meet in closed session under Section 551.071 of the Texas Government Code, Consultation with the City Attorney to discuss: a. The legal parameters of municipal regulatory authority under SB 1004, relating to the deployment of network nodes in public right-of-way, and possible legal challenges to the implementation. b. Proposed settlement agreement received in regard to former employee Michael Harris. Mayor Carpenter convened into Closed Session at 7:48 p.m. Reconvene into Regular Session Mayor Carpenter reconvened into Regular Session at 8:48 p.m. 10a. Take any action based on discussions held in closed session under Agenda Item 10. No action taken. Requests and Announcements 11. Announcements by City Manager. No further announcements were made. 9-05-2017 Minutes Page - 16 - 12. 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 shall instruct the City Secretary to place on the agenda for the next regular session an item to discuss the merits of placing the item that was objected to on a future agenda for full consideration. Mayor Carpenter recognized Councilmember Davis who stated that back on the 2nd of May we had a great presentation from EDC that talked about different potential funding programs from either EDC or the general fund. On one of the slides they presented was a recommendation of a proposal for economic development opportunities for entrepreneurship, small businesses, existing businesses in target areas, he asked if we could in the near future he would like to see some draft proposals coming from the city staff and EDC on what those four areas would look like with recommended amounts, recommended funding streams if any that would allow us to look at implementing some of those programs for our community. Mayor Carpenter recognized Councilmember Crawford who requested an executive session to discuss censure. Mayor Carpenter recognized City Attorney Charlie Zech who stated to be clear you can request an agenda item and then decide whether you want to go into executive session and the individual subject to that has the right to have that discussion in open session. Councilmember Crawford requested that this be placed on the agenda to discuss the censure and issues of social media. Mayor Carpenter stated that we will not be able to talk about policy matters in executive session this would be a discussion about an individual and an individual act. Councilmember Crawford stated that there is a lack of information in our Charter and under our Ethics ordinance that talks about censure and what it means and what happens. Mayor Carpenter answered and stated that the only thing that we can do is under Section 551.074 is have an executive session scheduled to talk about personnel matters involving a particular Councilmember. City Attorney concurred, Councilmember Crawford concurred with respect regarding the issue that was discussed this evening. Mayor Carpenter recognized Councilmember Larson who objected to having this placed on the agenda. Mayor Carpenter stated that pursuant to that objection, under item 12 it says if objection is made by one or more members of the City Council, the Mayor shall instruct the City Secretary to place on the agenda for the next regular session an item to discuss the merits of placing the item that was objected to on a future agenda for full consideration. So, on our next agenda we will need to have an agenda item for the Council to take that action and discuss the merits of having said executive session at a future meeting. 9-05-2017 Minutes Page - 17 - Councilmember Crawford stated that he has another request that he would like to have placed on the agenda a discussion about going back to our previous procedure for putting things on the agenda, where anybody can ask to have something put on the agenda without having to go through a delaying tactic. Mayor Carpenter recognized Councilmember Thompson who objected. Mayor Carpenter paused and stated that he was considering whether or not it would be appropriate or not having a discussion on our rules of procedure, generally speaking. Mayor Carpenter stated that on our next agenda an item be placed for the discussion of whether on not we will put a discussion of the City Councils Rules of Procedure on a future agenda. 13. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Carpenter recognized Councilmember Larson who stated that he unexpectedly witnessed a play this week. It turns out the play was a political drama with some unscrupulous individuals putting selfish ambitions above the community good. It was interesting but distasteful. I give it 0 five stars, I am sad I had to see it and I hope there is not sequel. Mayor Carpenter recognized Councilmember Crawford who stated that he attended the TFMA Certification for Flood Plain Management this last week with a couple of city staff. Adjournment As there was no further business, Mayor Carpenter adjourned the meeting at 8:58 p.m. ________________________________ Michael R. Carpenter, Mayor ATTEST: __________________________________ Brenda Dennis, City Secretary Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: September 26, 2017 Department: Engineering Subject: Resolution No. 17-R-84 – A Resolution authorizing an amendment to the Professional Services Agreement with Freese and Nichols, Inc., related to the thoroughfare plan update and roadway impact fee study. (B. James/L. Woodlee) BACKGROUND The City entered into a contract with Frees and Nichols, Inc. to update the City’s Thoroughfare Plan and develop a roadway impact fee study as part of adopting a roadway impact fee. The City recently adopted the Thoroughfare Plan. After evaluating the status of the project – work completed and remaining, it was determined a modification to the scope of services and not to exceed amount was needed in order to complete the work necessary to ultimately adopt and implement a roadway impact fee. When the contact with Freese and Nichols was originally approved, staff did not include any contingency as part of the not to exceed amount of $207,000. The amendment provides for an additional $18,183 to be spent, bringing the maximum not to exceed amount to $226,133. The additional services involve additional assessment of roadway geometrics (particularly relative to the extension of FM 3009), incorporation of changes to surrounding thoroughfare plans, additional separate meetings and the extension of the schedule to accommodate land use reviews by the City, particularly as related to impacts from the Randolph JLUS. Rather than scale back other aspects of the project to stay within budget, staff is recommending this adjustment to ensure appropriate updates are made the impact fee assumptions and adequate public input is provided given how contentious impact fee adoption can be. Per the revised schedule, Staff anticipates having a draft ordinance to adopt a roadway impact fee to City Council in approximately six months. Goal Approve Resolution 17-R-84 approving an amendment to the Professional Services Agreement with Freese and Nichols, Inc., for the City of Schertz Thoroughfare Plan Update and Roadway Impact Fee Study Project. Community Benefit Through proper planning, the City can generate revenue to be used for expansion and improvement of its roadway systems to serve the growing community. Summary of Recommended Action Staff recommends Council approve entering into an amendment to the Professional Services Agreement with Freese and Nichols, Inc., for an additional $18,183 bringing the not to exceed amount to $226,133 for the Thoroughfare Plan Update and Roadway Impact Fee Study Project. FISCAL IMPACT The additional $18,183 paid for from professional services funds budgeted for the Engineering Department. RECOMMENDATION Staff recommends Council approval of Resolution 17-R-84. ATTACHMENTS Resolution 17-R-84 Contract Change RESOLUTION NO. 17-R-84 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC., RELATED TO THE CITY’S THOROUGHFARE PLAN UPDATE AND ROADWAY IMPACT FEE STUDY AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, The City staff of the City of Schertz (the “City”) has entered into a professional services agreement with Freese and Nichols, Inc., related to the City’s Thoroughfare Plan Update and Roadway Impact Fee Study; and WHEREAS, City staff desires to modify the proposed work and scope of services for Freese and Nichols, Inc., to provide such services for the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to modify the contract with Freese and Nichols, Inc., for the City’s Thoroughfare Plan Update and Roadway Impact Fee Study Project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the modified contract with Freese and Nichols, Inc., for the City’s Thoroughfare Plan Update and Roadway Impact Fee Study Project. 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 - 2 - 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 26th day of September, 2017. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Rev. 06/10 10814 Jollyville Rd., Bldg. 4, Ste. 100 | AUSTIN, TEXAS 78759| TELEPHONE: 512-617-3100 | FAX: 817-735-7491 L:\Resources\cbs\ Client: City of Schertz 1400 Schertz Parkway Schertz TX 78154 Attn: Kathryn Woodley, PE FNI Project No.: SRZ15256 Client Contract Ref.: Date: 8/30/2017 Project Description: Development of Thoroughfare Plan and Roadway Impact Fee Description of Services Added: - Extension of project schedule timeframe by 19 months (From May ’16 to January ’18) - Additional rounds of comments incorporated in to draft plan, additional draft plan analysis, documentation and mapping revision after adoption of Cibolo plan. - Roadway alignment engineering services to support development review effort in January 2017. - Lost efficiencies from planned overlapping meetings and analysis not able to proceed along original schedule. - Revision to Land Use Assumptions Report (2017 - 2027 Horizon) Compensation shall be adjusted as follows: The compensation for these additional services will be a lump sum fee of Eighteen Thousand One hundred and eighty-three dollars ($18,183.00). Original Contract $207,950.00 Amended Amount $18,183.00 Revised Total Contract $226,133.00 Schedule shall be adjusted as follows: The revised schedule anticipates completion of the Thoroughfare Plan update in July of 2017 and adoption of the Impact Fee portion of the project in January 2018. The above described services shall proceed upon return of this Contract Change Authorization. Services will be billed as they are done. All other provisions, terms, and conditions of the agreement for services which are not expressly amended shall remain in full force and effect. A contract modification will be submitted. This Contract Change Authorization will serve as contract modification. FREESE AND NICHOLS, INC.: CLIENT: BY: BY: Edmund Haas, AICP Print or Type Name Print or Type Name TITLE: Principal TITLE: DATE: August 30, 2017 DATE: CONTRACT CHANGE AUTHORIZATION FORM Amend #_1_ 50501302.1 Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: September 26, 2017 Department: City Management Subject: Resolution No. 17-R-85 – Approving a Fourth Agreement Regarding Sewer Facilities with the Schertz-Cibolo-Universal City Independent School District, Croton Properties, LLC, and Fred Development, LLC. BACKGROUND Croton Properties and the Schertz-Cibolo-Universal City Independent School District (SCUCISD) entered into an agreement dated as of September 19, 2008 regarding the construction of a sewer lift station. The agreement has subsequently been amended multiple times, most recently in March 2012. The agreement granted rights of first refusal to capacity (EDUs) of the sewer lift station constructed by SCUCISD and provided for the payment of Sewer Facility Reimbursement Fees to SCUCISD and Sewer Management Fees to the City as the sewer rights of first refusal are used. The rights of first refusal to sewer capacity were assigned to specific properties and approval from all parties to the agreement was required to move them to other tracts of land. In 2012 it was discovered that when the sewer lift station as constructed in 2008, it provided for fewer EDUs than was listed in the agreement. Instead of 1,728 EDUs of capacity it provides for only 905. The Third Agreement stipulates that the first $300,000 collected in sewer facility reimbursement and sewer management fees be placed in fund to be utilized to increase the capacity for the lift station up to the initial estimate of 1728 EDUs. Of that $300,000, approximately $45,000 would have gone to the City in management fees, with the other approximately $255,000 to the school district. Croton properties took responsibility for the actual improvements to the lift station to increase capacity and was to be reimbursed from this fund but Croton had five years to begin construction of the facility – which was to September 20, 2017. Croton has been in discussions with the City regarding expansion of the sewer lift station, but plans have not yet been approved nor has work begun. Croton has requested that the agreement be amended to allow an additional year to construct the expansion and to be able to move sewer capacity to other tracts of land without approval from all parties to the agreement. SCUCISD authorized entering into an amended agreement on September 19, 2017. SCUCISD and Croton are still working to finalize the language in the agreement. As such the approval by Council City Council Memorandum Page 2 would authorize the City Manager to enter into this agreement, generally as attached but with minor changes subject to approval by the City Manager and City Attorney. FISCAL IMPACT The initial $45,000 that the City would be paid in management fees will be reserved to expand the capacity of the lift stations, but the management fee to the City as the developer utilizes the additional capacity from the lift station is anticipated to exceed this amount. RECOMMENDATION Approval of Resolution No. 17-R-85 to allow the City Manager to enter into the Fourth Agreement subject to minor changes approved by the City Attorney and City Manager. ATTACHMENTS Resolution No. 17-R-85 Draft Fourth Agreement Third Agreement 50501288.1 RESOLUTION NO. 17-R-85 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A FOURTH AGREEMENT REGARDING SEWER FACILITIES WITH SCHERTZ-CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT, CROTON PROPERTIES, LLC, AND FRED DEVELOPMENT, LLC, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the City enter into a Fourth Agreement Regarding Sewer Facilities with Schertz-Cibolo-Universal City Independent School District, a political subdivision of the State of Texas (the “District”), Croton Properties, LLC, a Texas limited liability company (“Croton”), and Fred Development, LLC, a Texas limited liability company (“Fred Development”), relating to the funding and expansion of certain sewer facilities, the funding of certain sewer facilities, establishment of reimbursement amounts, and transfer of a right of first refusal to acquire units of capacity in certain sewer facilities; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the District, Croton, and Fred Development pursuant to the Fourth Agreement Regarding Sewer Facilities generally as attached hereto as Exhibit A (the “Agreement”). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the District, Croton, and Fred Development in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. 50501288.1 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 26th day of September, 2017. CITY OF SCHERTZ, TEXAS Mayor, Michael Carpenter ATTEST: City Secretary (CITY SEAL) 50501288.1 A-1 EXHIBIT A SECOND AGREEMENT REGARDING SEWER FACILITIES {00292825} STATE OF TEXAS § § COUNTY OF BEXAR § FOURTH AGREEMENT REGARDING SEWER FACILITIES This Fourth Agreement Regarding Sewer Facilities (this “Agreement"), is entered into to be effective as of the date of the final signature and acknowledgment by the Parties (as hereinafter defined) (the "Effective Date"), among the City of Schertz, Texas, a Texas municipal corporation (the “City"), the Schertz-Cibolo-Universal City Independent School District, a political subdivision of the State of Texas (the "District"), Croton Properties, LLC, a Texas limited liability company (“Croton"), and Fred Development, LLC, a Texas limited liability company (“Fred D evelopment") (each a "Party", and collectively, the "Parties"). Recitals WHEREAS, Croton and the District entered into an Agreement dated as of September 19, 2008 (the “Croton/District Agreement”), regarding the construction of certain sewer facilities (the "Sewer Facilities"). WHEREAS, in Section 1.4 of the Croton/District Agreement, the District granted to Croton, or Croton's successor in title to the Croton Property (as hereinafter defined), a "right of first refusal" to acquire not more than 1,348 equivalent dwelling units (“EDUs") of capacity in the Sewer Facilities (the “Croton Property Right of First Refusal”), with such EDUs of capacity to be used only to serve the Croton Property, which is more fully described on Exhibit "A" attached hereto and incorporated herein for all purposes (the "Croton Property"). WHEREAS, pursuant to an Agreement Regarding Sewer Facilities between the City, the District, Croton, Fred Development, and Cygnet Limited, a Texas limited partnership (“Cygnet”), dated as of September 2011 and recorded October 6, 2011 as Document Number 20110178945 in the Official Public Records of Bexar County, Texas (the "Sewer Agreement"), the parties to the Sewer Agreement agreed that to the extent that the description of the Croton Property in the Croton/District Agreement conflicts with the description of the Croton Property contained in the Sewer Agreement, the parties to the Sewer Agreement intended for the description of the Croton Property contained in the Sewer Agreement to control. WHEREAS, the description of the Croton Property contained in this Agreement matches the description of the Croton Property contained in the Sewer Agreement. WHEREAS, the City, by its acknowledgement of the Croton/District Agreement, consented to the Croton Property Right of First Refusal. 2 {00292825} 00245515} WHEREAS, the City and the District entered into an Interlocal Agreement Between Schet1z-Cibolo-Universal City Independent School District and the City of Schet1z dated as of November 4, 2008, regarding the Sewer Facilities (the "Interlocal Agreement"). WHEREAS, the Croton/District Agreement stipulated that the District Property (as defined in the Interlocal Agreement) and the surrounding areas would be served by the Sewer Facilities with a total capacity of l,728 EDUs, with the District requiring 380 EDUs to serve future school facilities within the service area of the Sewer Facilities. The Croton Property Right of First Refusal covers the remaining 1,348 EDUs of capacity in the Sewer Facilities. WHEREAS, Sections 3.5, 3.6, 3.7, and 3.8 of the Interlocal Agreement set forth the methods for calculating the cost to be paid by the third party per EDU of capacity in the Sewer Facilities. WHEREAS, Section 3.9 of the Interlocal Agreement requires the City to make a Sewer Facility Reimbursement Payment to the District within thirty (30) days after receiving the Sewer Facilities Reimbursement Fee (the “SFR Fee”) and the fifteen percent (15%) management fee (the “Management Fee”), both more fully described in the Interlocal Agreement, from a third party. WHEREAS, the SFR Fee and the Management Fee are not in lieu of impact fees for wastewater hookup that are required to be paid at the time of hookup to the Sewer Facilities. WHEREAS, pursuant to the Sewer Agreement, Croton transferred a portion of the Croton Property Right of First Refusal with respect to 250 EDUs of capacity in the Sewer Facilities (the “Fred Development Property Right of First Refusal”), from the Croton Property to property owned by Fred Development which property is more particularly described on Exhibit “B” attached hereto and incorporated herein for all purposes (the "Original Fred Development Property"). WHEREAS, the City and the District consented to the transfer of the Fred Development Property Right of First Refusal from the Croton Property to the Original Fred Development Property in the Sewer Agreement. WHEREAS, the City, the District, Croton, Fred Development, and Gordon V. Hartman Enterprises, L.P., a Texas limited partnership (“Hartman Enterprises”), entered into that certain Second Agreement Regarding Sewer Facilities dated as of March 13, 2012 and recorded March 26, 2012 as Document Number 20120055028 in the Official Public Records of Bexar County, Texas (the “Second Sewer Agreement”). WHEREAS, pursuant to the Second Sewer Agreement, Fred Development transferred (the "Second Sewer Agreement Transfer #1") a portion of the Fred Development Property Right of First Refusal from the Original Fred Development Property to other property owned by Fred Development, which property is more particularly described on Exhibit “C” attached hereto and incorporated herein for all purposes (the “New Fred Development Property”). 3 {00292825} WHEREAS, pursuant to the Second Sewer Agreement, Croton transferred (the “Second Sewer Agreement Transfer #2”) a portion of the remaining Croton Property Right of First Refusal to the New Fred Development Property. WHEREAS, the City and the District consented to the Second Sewer Agreement Transfer #1 and the Second Sewer Agreement Transfer #2 in the Second Sewer Agreement. WHEREAS, following the execution of the Second Sewer Agreement, the rights to the EDUs of capacity in the Sewer Facilities were broken out as follows: (1) a right to 380 EDUs of capacity in the Sewer Facilities was associated with the District Property; (2) a right of first refusal to 1,024 EDUs of capacity in the Sewer Facilities was associated with the Croton Property (the “Croton Property ROFR”; (3) a right of first refusal to 229 ED Us of capacity in the Sewer Facilities was associated with the Original Fred Development Property (the Original Fred Development Property ROFR”); and (4) a right of first refusal to 95 EDUs of capacity in the Sewer Facilities was associated with the New Fred Development Property (the “New Fred Development Property ROFR”) WHEREAS, as set forth in the Second Sewer Agreement, (1) the Croton Property ROFR runs with title to the Croton Property and shall not be transferable to any other property without the prior written consent of (a) the City, (b) the District, and (c) the owner(s) of record title to the Croton Property; (2) the Original Fred Development Property ROFR runs with title to the Original Fred Development Property and shall not be transferable to any other property without the prior written consent of (a) the City, (b) the District, and (c) the owner(s) of record title to the Original Fred Development Property; and (3) the New Fred Development Property ROFR runs with title to the New Fred Development Property and shall not be transferable to any other property without the prior written consent of (a) the City, (b) the District, and (c) the owner(s) of record title to the New Fred Development Property. WHEREAS, when the Second Sewer Agreement was signed, Croton had entered into an agreement with Hartman Enterprises (the “Croton Property PSA” to sell to Hartman Enterprises a portion of the Croton Property. As a result, Hartman Enterprises signed the Second Sewer Agreement to consent to the terms of the Second Sewer Agreement. Since that time, Hartman Enterprises has assigned its interest in the Croton Property PSA to Fred Development, and therefore, Hartman Enterprises is not a necessary party to this Agreement. WHEREAS, in connection with the sale of a portion of the Croton Property under the Croton Property PSA, Croton and Fred Development agreed that a portion of the Croton Property ROFR conveyed with the Croton Property Being Sold (the “Croton Property Being Sold ROFR”) and a portion of the Croton Property ROFR remained with the portion of the Croton Property that was not sold. 10 {00292825} WHEREAS, in the Third Agreement the Parties determined total capacity of the Sewer Facilities was only 1,231 EDUs of capacity and not 1,728 EDUs of capacity. WHEREAS, The City has collected the Maximum Fund Balance and those Funds have been placed in the Expansion Funds. WHEREAS, Croton is obligated to expand the Sewer Facilities to at least the Target Capacity; and WHEREAS, Croton desires to initiate the expansion of the Sewer Facilities. WHEREAS, Croton has determined the additional EDUs of capacity above and beyond the Maximum Number (477) described in section 1.4(d) of the Third Agreement Regarding Sewer Facilities will be available after the expansion. WHEREAS, Croton would like to be able to (a) transfer the 477 EDUs to properties other than the Retained Croton Property (b) utilize the additional EDUs on properties outside of the original service area of the Sewer Facilities without needing the consent or joinder of the other parties and WHEREAS, the Parties desire to agree to clarify and amend certain terms related to the Sewer Facilities in accordance with the provisions of this Agreement. Agreement NOW, THEREFORE, in consideration of the foregoing, the covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the Parties agree as follows: Section 1.1 Additional EDUs. Within 20 days of completion of the expansion of the Sewer Facilities, Croton will provide an engineering report to the City and District indicating the additional EDUs of capacity that are available (the “Expansion EDUs”). The Expansion EDUs shall also include the 477 EDUs contemplated in the Third Amendment [160 for Retained Croton Property + 317 of additional EDUs]. Upon the City’s and District’s receipt of the engineering report, they will have 20 days to notify Croton to dispute the number of Expansion EDUs available to Croton. If Croton, District and City cannot agree on the number, they will submit the issue to a third party engineer for consideration. The third party engineer’s determination shall be final. Section 1.2 Transfer of Right of First Refusal. Croton shall have the right to transfer its Right of First Refusal (“ROFR”) of the Expansion EDUs to any property that can be served by the Sewer Facilities. Any owners of property that may acquire a ROFR of the Expansion EDUs shall be responsible for any and all costs and expenses to connect the properties to the Sewer Facilities. Section 1.3 Clarification Regarding Covered Properties. The Parties agree that once the expansion of Sewer Facilities is complete and the number of Expansion EDUs had been confirmed by Croton, District and the City, Croton can transfer the ROFR of the Expansion 10 {00292825} EDUs to properties other than Covered Properties (including the Retained Croton Property) without the consent or joinder of the other Parties. Section 1.4 SFR Fee and Management Fee. Expansion EDUs conveyed are subject to the Sewer Facilities Reimbursement Fee (“SFR Fee”) and Management Fee described in Sections 3.5, 3.6, 3.7, 3.8 and 3.9 of the Interlocal Agreement. Section 1.5 Effective Date. The Parties agree that the Effective Date of the Third Agreement Regarding Sewer Facilities was September 20, 2012.The Maximum Fund Balance shall be held until Six (6) years from the Effective Date of the Third Agreement Regarding Sewer Facilities. Section 1.6 Submission and Review of Plans. Croton will be required to submit plans for the expansion of the Sewer Facilities to the City on or before December 31, 2017. City shall review and approve the plans by February 28, 2018. For every day past February 20, 2018, the City has not approved the plans, the Completion Date shall be extended. Section 1.7 Completion Date. Croton shall complete the expansion of the Sewer Facilities on or before June 30, 2018 (the “Completion Date”) unless that date is extended as described herein. Section 1.8 District EDUs. In the event it is determined that the District does not have 200 EDUs of capacity in the Sewer Facilities, Croton shall transfer enough EDUs of the Expansion EDUs to District so that the District has 200 EDUs at no cost. Section 1.9 Rights of Fred Development. District, City and Croton agree and acknowledge this Fourth Amendment is no way affects the rights of Fred Development with respect to the EDUs it has pursuant to the prior Agreements. Section 1.10. Releases. EXCEPT FOR THE OBLIGATIONS OF THE PARTIES UNDER THE AGREEMENTS OCCURRING AFTER THE EFFECTIVE DATE, EACH OF THE PARTIES, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY FULLY, FINALLY, AND FOREVER RELEASES AND DISCHARGES EACH OF THE OTHER PARTIES, TOGETHER WITH EACH OF THE OTHER PARTIES' RESPECTIVE AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING PARTIES' RESPECTIVE COUNCILMEMBERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (THE “RELEASED PARTIES” FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DEBTS, DEMANDS, LIABILITIES, OBLIGATIONS, AND SUITS, OF WHATEVER KIND OR NATURE, IN LAW OR EQUITY (INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS OF FRAUD, DURESS, CONTROL, MISTAKE, NEGLIGENCE, GROSS NEGLIGENCE, WRONGFUL CONDUCT, TORTIOUS INTERFERENCE, UNFAIR COMPETITION, AND RESTRAINT OF TRADE), THAT EACH OF THE RESPECTIVE PARTIES OR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS HAS, WHETHER KNOWN OR UNKNOWN, LIQUIDATED OR 10 {00292825} UNLIQUIDATED, ABSOLUTE, CONTINGENT OR SPECULATIVE, DIRECT OR INDIRECT, PRESENTLY ACCRUED OR TO ACCRUE HEREAFTER, FORESEEN OR UNFORESEEN, AS A RESULT OF, ARISING UNDER, RELATED TO, ON ACCOUNT OF OR OTHERWISE WITH RESPECT TO THE AGREEMENTS, EXCEPT FOR THE OBLIGATIONS OF THE PARTIES UNDER THE AGREEMENTS OCCURRING AFTER THE EFFECTIVE DATE TO WHICH THIS SECTION 1.9 DOES NOT APPLY, INCLUDING WITHOUT LIMITATION, ANY ACT, OMISSION, COMMUNICATION, TRANSACTION, OCCURRENCE, REPRESENTATION, PROMISE, DAMAGE, BREACH OF CONTRACT, FRAUD, VIOLATION OF ANY STATUTE OR LAW, COMMISSION OF ANY TORT, OR ANY OTHER MATTER WHATSOEVER OR THING DONE, OMITTED OR SUFFERED TO BE DONE BY ANY OF THE RELEASED PARTIES WITH RESPECT THERETO. IT IS THE INTENTION OF EACH OF THE RESPECTIVE PARTIES THAT THE ABOVE RELEASE SHALL BE EFFECTIVE AS A FULL AND FINAL RELEASE OF EACH AND EVERY MATTER SPECIFICALLY AND GENERALLY REFERRED TO ABOVE. EACH OF THE RESPECTIVE PARTIES ACKNOWLEDGES AND REPRESENTS THAT IT HAS BEEN ADVISED BY INDEPENDENT LEGAL COUNSEL WITH RESPECT TO THE AGREEMENTS CONTAINED HEREIN. THIS SECTION 1.9 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Section 1.11. Implied Waiver. The failure of a Party hereto to insist, in any one or more instances, upon performance of any of the terms, covenants, or conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant, or condition by the other Parties hereto, but the obligation of such other Parties with respect to such future performance shall continue in full force and effect. Section 1.12. Recitals and Exhibits. The recitals and exhibits are incorporated herein fully as matters of contract and not mere recitals and exhibits. Section 1.12. Notices. Any notices contemplated under this Agreement shall be deemed effectively given (i) when personally delivered of (ii) five (5) business days after being correctly deposited in the United States mail and mailed certified mail, return receipt requested, to the noticed Party at its address set forth below: If to the City: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attn: John C. Kessel, City Manager with a copy to: Fulbright & Jaworski L.L.P. . 300 Convent Street, Suite 2100 San Antonio, Texas 78205 Attn: Katherine A. Tapley If to the District: Schertz-Cibolo-Universal City Independent School District 1060 Elbel Road Schertz, Texas 78154-209 Attn: Superintendent of Schools with a copy to: Walsh Gallegos Trevino Russo & Kyle P.C. 10 {00292825} 100 N.E. Loop 410, Suite 900 San Antonio, Texas 78216 Attn: George E. Grimes, Jr. If to Croton: Croton Properties, LLC 23003 Fossil Peak San Antonio, Texas 78261 Attn: Todd Burek with a copy to: Earl & Associates, P.C. 15303 Huebner, Bldg. #15 San Antonio, Texas 78248 Attn: David Earl If to Fred Development: Fred Development, LLC 1202 W. Bitters, Bldg. 1, Suite 1200 San Antonio, Texas 78216 Attn: Gordon V. Hartman with a copy to: Law Office of Ronald W. Hagauer 1602 N. Loop 1604 West, Suite LL102 San Antonio, Texas 78248 Attn: Ronald W. Hagauer Any Party may change its address for notice to any other address within the United States by providing the other Parties with at least ten (10) business days prior written notice of such change in the manner set forth herein for notices. 12 {00292825} Section 1.13. Severability. The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section, or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid, unconstitutional, illegal, or unenforceable for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to the other persons or circumstances shall not be affected thereby, and it is also the intention of the Parties that, in lieu of each provision that is found to be invalid, unconstitutional, illegal, or unenforceable, to the extent legally pe1missible a provision be added to this Agreement which is valid, constitutional, legal, and enforceable, which is as similar in terms as possible to the provision being replaced, and which does not deprive the Parties of the benefit of the bargain described in the original form of this Agreement. Section 1.14. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the subject matter hereof. There have been and are no agreements, covenants, representations, or warranties between the Parties as to the subject matter hereof other than those expressly stated or provided for herein. Section 1.15. Headings. The headings in this Agreement are for convenience only and shall not be construed to expand, limit, or otherwise modify the terms of the Agreement. Section 1.16. Governing Law and Venue. This Agreement is governed by the laws of the State of Texas, and the Parties agree that venue shall be in the courts of Bexar County, Texas. Section 1.17 Further Assurances. Each Party agrees that it will take such actions and execute such documents as reasonably necessary to fully carry out the purpose and intent of this Agreement. Section 1.18. Counterparts. This Agreement may be executed in multiple counterparts but will be considered as a single instrument when it has been finally executed. [Signature Pages and Acknowledgments to follow] {00292825} SIGNATURE PAGE TO FOURTH AGREEMENT REGARDING SEWER FACILITIES IN WI1NESS WHEREOF, the undersigned has entered into this Fourth Agreement Regarding Sewer Facilities as of the date of the acknowledgement to be effective as of the Effective Date. CITY OF SCHERTZ, TEXAS, a Texas municipal corporation By:_______________________ John C. Kessel, City Manager STATE OF TEXAS § § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the ______ day of ________________________, 2017 by John C. Kessel, City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of the City. ____________________________________ Notary Public in and for the State of Texas Printed Name of Notary:_________________ My Commission Expires:________________ {00292825} SIGNATURE PAGE TO FOURTH AGREEMENT REGARDING SEWER FACILITIES IN WITNESS WHEREOF, the undersigned has entered into this Fourth Agreement Regarding Sewer Facilities as of the date of the acknowledgement to be effective as of the Effective Date. SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas By:________________________________ Greg Gibson, Ed.D., Superintendent of Schools STATE OF TEXAS § § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the _______ day of __________________, 2017, by Greg Gibson, Ed.D., the Superintendent of Schools of Schertz-Cibolo-Universal City Independent School District, a political subdivision of the State of Texas, on behalf of the Independent School District _______________________________________ Notary Public in and for the State of Texas Printed Name of Notary:____________________ My Commission expires;___________________ {00292825} SIGNATURE PAGE TO FOURTH AGREEMENT REGARDING SEWER FACILITIES IN WITNESS WHEREOF, the undersigned has entered into this Fourth Agreement Regarding Sewer Facilities as of the date of the acknowledgement to be effective as of the Effective Date. CROTON PROPERTIES, LLC, a Texas limited liability company By:______________________________ Todd Burek, its Managing Member STATE OF TEXAS § § COUNTY OF BEXAR § This instrument was acknowledged before me on the _____ day of ________________, 2017, by Todd Burek, the Managing Member of Croton Properties, LLC, a Texas limited liability company, on behalf of said limited liability company. _______________________________________ Notary Public in and for the State of Texas Printed Name of Notary:____________________ My Commission expires;___________________ {00292825} SIGNATURE PAGE TO FOURTH AGREEMENT REGARDING SEWER FACILITIES IN WITNESS WHEREOF, the undersigned has entered into this Fourth Agreement Regarding Sewer Facilities as of the date of the acknowledgement to be effective as of the Effective Date. FRED DEVELOPMENT, LLC, a Texas limited liability company By:_______________________________ Gordon V. Hartman, President STATE OF TEXAS § COUNTY OF _______________ § This instrument was acknowledged before me on the ______ day of ______________, 2017, by Gordon V. Hartman, President of Fred Development, LLC, a Texas limited liability company, on behalf of said limited liability company. _______________________________________ Notary Public in and for the State of Texas Printed Name of Notary:____________________ My Commission expires;___________________ After Recording Please Return To Fulbright Jaworski LLP 300 Convent Sheet Suite 2100 San Antonio Texas 78205 Attn Katherine A Tapley STATE OF TEXAS COUNTY OF BEXAR THIRD AGREEMENT REGARDING SEWER FACILITIES This Third Agreement Regazding Sewer Facilities this Aereement is entered into tobeeffectiveasofthedateofthefinalsignatureandacknowledgmentbythePartiesashereinafterdefinedtheEffectiveDateamongtheCityofSchertzTexasaTexasmunicipalcorporationtheCtheSchertzCiboloUniversalCityIndependentSchoolDistricta political subdivision of the State of Texas the District Croton Properties LLC a Texas limited liability company Croton and Fred Development LLC a Texas limited liabilitycompanyFredDevelonmenteachaParandcollectivelytheParties Recitals WHEREAS Croton and the District entered into an Agreement dated as of September 19 2008 the CrotonDistrict Aereement regarding the construction of certain sewer facilities the Sewer Facilities WHEREAS in Section 14 of the CrotonDistrict Agreement the District granted toCrotonorCrrotonssuccessorintitletotheCrotonPropertyashereinafterdefinedarightoffirstrefusaltoacquirenotmorethan1348equivalentdwellingunitsEDUsofcapacityintheSewerFacilitiestheCrotonProaertyRightofFirstRefusalwithsuchEDUsof capacity to be used only to serve the Croton Property which is more fully described on Exhibit A attached hereto and incorporated herein for all purposes the Croton Property WHEREAS pursuant to an Agreement Regarding Sewer Facilities between the City theDistrictCrotonFredDevelopmentandCygnetLimitedaTexaslimitedpartnershipCvenetdatedasofSeptember2011andrecordedOctober62011asDocumentNumber 201 1 01 78945 in the Official Public Records of Bexar County Texas the Sewer AereementthepaztiestotheSewerAgreementagreedthattotheextentthatthedescriptionoftheCroton Property in the CrotonDistrict Agreement conflicts with the description of the Croton PropertycontainedintheSewerAgreementthepartiestotheSewerAgreementintendedforthedescriptionoftheCrotonPropertycontainedintheSewerAgreementtocontrol WHEREAS the description of the Croton Property contained in this Agreement matches the description of the Croton Property contained in the Sewer Agreement WHEREAS the City by its acknowledgement of the CrotonDishict AgreementconsentedtotheCrotonPropertyRightofFirstRefusal 505350055 1 WHEREAS the City and the Dishict entered into an Interlocal Agreement Between SchertzCiboloUniversal City Independent School District and the City of Schertz dated as of November 4 2008 regarding the Sewer Facilities the Interlocal Agreement WHEREAS the CrotonDistrict Agreement stipulated that the District Property asdefinedintheInterlocalAgreementandthesurroundingareaswouldbeservedbytheSewer Facilities with a total capacity of 1728 EDUs with the District requiring 380 EDUs to servefutureschoolfacilitieswithintheserviceareaoftheSewerFacilitiesTheCrotonPropertyRightofFirstRefusalcoverstheremaining1348EDUsofcapacityintheSewerFacilities WHEREAS Sections 35 36 37 and 38 of the Interlocal Agreement set forth themethodsforcalculatingthecosttobepaidbythethirdpattyperEDUofcapacityintheSewerFacilities WHEREAS Section 39 of the Interlocal Agreement requires the City to make a Sewer Facility Reimbursement Payment to the District within thirty 30 days after receiving the Sewer Facilities Reimbursement Fee the SFR Fee and the fifteen percent 15 management feetheManagementFeebothmorefullydescribedintheInterlocalAgreementfromathird patty WHEREAS the SFR Fee and the Management Fee are not in lieu of impact fees for wastewater hookup that are required to be paid at the time of hookup to the Sewer Facilities WHEREAS pursuant to the Sewer Agreement Croton transferred a portion of the Croton Property Right of First Refusal with respect to 250 EDUs of capacity in the Sewer Facilities theFredDevelonmentPronertvRightofFirstRefusalfromtheCrotonPropertytopropertyownedbyFredDevelopmentwhichpropertyismoreparticularlydescribedonExhibitBattachedheretoandincorporatedhereinforallpurposestheOriginalFredDevelonment Pro er WHEREAS the City and the District consented to the ttansfer of the Fred DevelopmentPropertyRightofFirstRefusalfromtheCrotonPropertytotheOriginalFredDevelopmentPropertyintheSewerAgreement WHEREAS the City the Dishict Croton Fred Development and Gordon V HartmanEnterprisesLPaTexaslimitedpartnershipHartmanEnternrisesenteredintothatcertain Second Agreement Regarding Sewer Facilities dated as of March 13 2012 and recorded March 26 2012 as Document Number 20120055028 in the Official Public Records of Bexar CountyTexastheSecondSewerAgreement WHEREAS pursuant to the Second Sewer Agreement Fred Development transferred the Second Sewer Agreement Transfer 1 a portion of the Fred Development PropertyRightofFirstRefusalfiomtheOriginalFredDevelopmentPropertytootherpropertyownedbyFredDevelopmentwhichpropertyismoreparticularlydescribedonExhibitCattachedheretoandincorporatedhereinforallpurposestheNewFredDevelonmentPronerty sos3sooss 2 WHEREAS pursuant to the Second Sewer Agreement Croton transferred the Second Sewer Agreement Transfer 2 a portion of the remaining Croton Property Right of First Refusal to the New Fred Development Property WHEREAS the City and the District consented to the Second Sewer Agreement Transfer 1 and the Second Sewer Agreement Transfer 2 in the Second Sewer Agreement WHEREAS following the execution of the Second Sewer Agreement the rights to the EDUs of capacity in the Sewer Facilities were broken out as follows 1 a right to 380 EDUs of capacity in the Sewer Facilities was associated with the District Property 2 a right of first refusal to 1024 EDUs of capacity in the Sewer Facilities was associated with the Croton Property the Croton Property ROFR 3 a right of first refusal to 229 EDUs of capacity in the Sewer Facilities was associated with the Original Fred Development Property the Original Fred Development Prouertv ROFR and 4 a right of first refusal to 95 EDUs of capacity in the Sewer Facilities was associated with the New Fred Development Property the New Fred Development Property ROFR WHEREAS as set forth in the Second Sewer Agreement 1 the Croton Property ROFR runs with title to the Croton Property and shall not be transferable to any other property without the prior written consent of a the City b the District and c the owners of record title to the Croton Property 2 the Original Fred Development Property ROFR suns with title to the Original Fred Development Property and shall not be transferable to any other property without the prior written consent of a the City b the District and c the ownersof record title to the Original Fred Development Property and 3 the New Fred Development Property ROFR runs with title to the New Fred Development Property and shall not be hansferable to any other property without the prior written consent of a the City b the District and c the owners of record title to the New Fred Development Property WHEREAS when the Second Sewer Agreement was signed Croton had entered into an agreement with Hartman Enterprises the Croton Property PSA to sell to Hartman Enterprises a portion of the Croton Property As a result Hartman Enterprises signed the Second Sewer Agreement to consent to the terms of the Second Sewer Agreement Since that time Hartman Enterprises has assigned its interest in the Croton Property PSA to Fred Development and therefore Hartman Enterprises is not a necessary party to this Agreement WHEREAS in connection with the upcoming closing of the purchase and sale of a portion of the Croton Property under the Croton Property PSA which portion of the Croton Property being sold is more particularly described on Exhibit D attached hereto and incorporated herein for all purposes the Croton Property Being Sold Croton and Fred Development would like to memorialize how much of the Croton Property ROFR conveys with the Croton Property Being Sold the Croton Property Being Sold ROFR and how much of the Croton Property ROFR remains with the portion of the Croton Property that is not being sold which portion of the Croton Property is more particularly described on Exhibit E attached hereto and incorporated herein for all purposes the Retained Croton Property sososooss 3 WHEREAS since the Second Sewer Agreement was executed it has come to theattentionofthePartiesthatthetotalcapacityoftheSewerFacilitiesisonly1231EDUsofcapacityandnot1728EDUsofcapacity WHEREAS the Parties desire to agree to clarify and amend certain terms related to theSewerFacilitiesinaccordancewiththeprovisionsofthisAgreement Agreement NOW THEREFORE in consideration of the foregoing the covenants and agreementscontainedhereinandothergoodandvaluableconsiderationthereceiptandsufficiencyofwhichisherebyacknowledgedandconfessedthePartiesagreeasfollows Section 11 Reallocation of the Rights to the EDUs in the Sewer Facilities BecausetheSewerFacilitieshaveacapacity1231EDUsandnot1728EDUsitisnecessaryforthePartiestoreallocatetheexistingrightstotheEDUsintheSewerFacilitiesThePartiesagreethatfromandaftertheEffectiveDateofthisAgreementtheallocationoftherightstotheEDUsintheSewerFacilitiesshallbeasfollows a There shall be a right to 200 EDUs of capacity in the Sewer FacilitiesassociatedwiththeDistrictProperty b There shall be a right of first refusal to 95 EDUs of capacity in the SewerFacilitiesassociatedwiththeNewFredDevelopmentProperty c There shall be a right of first refusal to 229 EDUs of capacity in the SewerFacilitiesassociatedwiththeOriginalFredDevelopmentProperty d There shall be a right of first refusal to 547 EDUs of capacity in the SewerFacilitiesassociatedwiththeCrotonProperlyBeingSold e There shall be a right of first refusal to 160 EDUs of capacity in the SewerFacilitiesassociatedwiththeRetainedCrotonPropertytheRetainedCrotonPronertvROFR Section 12 Rights of First Refusal Continue to Run With the Land The Parties agreethattherightsoffirstrefusaltotheEDUsofcapacityintheSewerFacilitiesshallcontinuetorunwiththelandandshallnotbeassignablewithoutthepriorwrittenconsentoftheCitytheDistrictandtheownersofrecordtitletotherespectiveproperty Section 13 The SFR Fee and the Management Fee From and after the EffectiveDatethefollowingshallgovernthecalculationandcollectionoftheSFRFeesandtheManagementFees a The Parties acknowledge and agree that each time that one or more EDUsofcapacityintheSewerFacilitiesareconveyedbytheCitytoapartyotherthantheDistrictsuchthirdpartyshallpaytotheCitytheSFRFeeandtheManagementFeeattributabletoeachEDUofcapacityintheSewerFacilitiesconveyedtothatpartyatthetimeofplatting sosssooss 4 b With respect to the property described on Exhibit F attached hereto and incorporated herein for all purposes the Willow Grove Property for a total of 98 EDUs of capacity to be utilized by the Willow Grove Property the SFR Fee shall be Nine Hundred TwentyTwo and 07100 Dollars 92207 per EDU of capacity in the Sewer Facilities and the Management Fee shall be One Hundred ThirtyEight and 31100 Dollars 13831 per EDU of capacity in the Sewer Facilities for a total fee of One Thousand Sixty and 38100 Dollars 106038 per EDU of capacity in the Sewer Facilities c With respect to all other property covered by this Agreement the SFR Fee shall be Thirteen Hundred Four and No100 Dollars 130400 per EDU of capacity in the Sewer Facilities and the Management Fee shall be One Hundred NinetySix and No100 Dollars 19600 per EDU of capacity in the Sewer Facilities for a total fee of Fifteen Hundred and No100 Dollars 150000 per EDU of capacity in the Sewer Facilities d Croton on behalf of itself and all future owners of all or any part of the Croton Property reaffirms acknowledges and agrees that for each EDU of capacity in the Sewer Facilities that is conveyed to benefit all or any portion of the Croton Property includingwithoutlimitationthroughtheexerciseoftheCrotonPropertyROFRtheSFRFeeandthe Management Fee attributable to that EDU of capacity shall be paid to the City at the time that the EDU of capacity is conveyed for the benefit of the Croton Property e Fred Development on behalf of itself and all future owners of all or any part of the Croton Property Being Sold reaffirms acknowledges and agrees that for each EDU of capacity in the Sewer Facilities that is conveyed to benefit all or any portion of the Croton Property Being Sold including without limitation tluough the exercise of the Croton PropertyBeingSoldROFRtheSFRFeeandtheManagementFeeattributabletothatEDUofcapacityshallbepaidtotheCityatthetimethattheEDUofcapacityisconveyedforthebenefitofthe Croton Property Being Sold f Fred Development on behalf of itself and all future owners of all or any part of the Original Fred Development Property acknowledges and agrees that for each EDU of capacity in the Sewer Facilities that is conveyed to benefit all or any portion of the Original Fred Development Property including without limitation tluough the exercise of the Original Fred Development Property ROFR the SFR Fee and the Management Fee attributable to that EDU of capacity shall be paid to the City at the time that the EDU of capacity is conveyed for the benefit of the Original Fred Development Property g Fred Development on behalf of itself and all future owners of all or any part of the New Fred Development Property acknowledges and agrees that for each EDU of capacity in the Sewer Facilities that is conveyed to benefit all or any portion of the New Fred Development Property including without limitation through the exercise of either the New Fred Development Property ROFR the SFR Fee and the Management Fee attributable to that EDU of capacity shall be paid to the City at the time that the EDU of capacity is conveyed for the benefit of the New Fred Development Property h As used in this Section 13 conveyance of EDUs of capacity in the Sewer Facilities shall be deemed to occur upon recordation of a plat and the abovedescribed sossooss 5 fees which are to be paid upon conveyance shall be due and payable to the City prior to recordation of the applicable plat i The Parties acknowledge and agree that the SFR Fee and the Management Fee are not in lieu of wastewater impact fees At the time of hookup to the Sewer Facilities the applicable property owner except the District shall be required to pay any and all wastewater impact fees to the City Section 14 Future Expansion of the Sewer Facilities a Notwithstanding anything in the CrotonDishict Agreement the Interlocal Agreement the Sewer Agreement the Second Sewer Agreement or this Agreement collectively the Aereements to the contrary the Parties acknowledge and agree that the first Tluee Hundred Thousand and No100 Dollars 30000000 the Maximum Fund BalanceofSFRFeesandManagementFeescollectedbytheCityfiomandaftertheEffectiveDateshall be placed in a fund for future expansion of the Sewer Facilities the Expansion Fund which Expansion Fund shall be held by the City until the earlier to occur of the following events which event shall be called the Expansion Fund Termination Event i such time when the capacity of the Sewer Facilities has been improved to the point that the total capacity of the Sewer Facilities is at least 1548 EDUs of capacity the Target Capacitv ii such time when a new sewer treatment facility has been constructed and is available for use by the Parties eliminating the need for any future connection to the Sewer Facilities by the properties covered by this Agreement or iii the date which is five 5 years after the Effective Date of this Agreement b The Expansion Fund shall be utilized to improve the Sewer Facilities to expand the capacity of the Sewer Facilities until an Expansion Fund Termination Event occurs c The owner of the Retained Croton Property shall have the obligation to expand or cause the expansion of the Sewer Facilities to at least the Target Capacity If the cost of expansion of the Sewer Facilities exceeds the amount of the Expansion Fmid the additional cost shall be paid by the owner of the Retained Croton Property This obligation shall run with title to the Retained Croton Property The owner of the Retained Croton Property shall promptly commence such expansion when collectively the capacity of the rights of first refusal in the Sewer Facilities that have been exercised plus the 200 EDUs of capacity designated for the Dishict total 1200 the Expansion Commencement Date Such expansion shall be conducted in accordance with all applicable laws rules and regulations Upon satisfactorycompletionofsuchworktheowneroftheRetainedCrotonPropertyshallbereimbursedwithin twenty 20 days of the Citys approval of a written request fiom the owner of the Retained Croton Property for reimbursement which approval shall not be unreasonably withheld from the Expansion Fund for its actual costs of the design engineering materials and construction work associated with the expansion work up to the then available balance in the Expansion Fund Any such written request for reimbursement shall include reasonable documentation justifyingtheamountbeingrequestedTheCityandtheDistrictshallhavetherighttoverifyandapprove such documentation as well as to verify and approve the amount that the capacity has been expanded to as a result of the work performed prior to the disbursement of funds from the Expansion Fund If the owner of the Retained Croton Property fails to complete the expansion 505350055 work in accordance with the terms of this Agreement the City shall have the right but not the obligation to complete or cause the completion of such expansion work utilizing the ExpansionFundaftergivingtheowneroftheRetainedCrotonPropertyatleastfifteen15daysadvance written notice of the Citys intent to do so d As the capacity of the Sewer Facilities is increased with the funds from the Expansion Fund additional EDUs of capacity shall automatically be added to the Retained Croton Property ROFR until such point as there shall be a right of first refusal with respect to the Retained Croton Property in the total amount of 477 EDUs of capacity in the Sewer Facilities the Maximum Number All of such added right of first refusal shall be considered apart of the Retained Croton Property ROFR and shall be governed by the terms of the CrotonDistrict Agreement the Interlocal Agreement the Sewer Agreement and the Second Sewer AgreementallashavebeenamendedandmodifiedbythisAgreementFortheavoidanceofdoubtwhen calculating whether the Maximum Number has been achieved the number of EDUs associated with the New Property ROFR as hereinafter defined shall be included in the calculation e Subject to the obligation of the owner of the Retained Croton Property to expand or cause the expansion of the Sewer Facilities in accordance with Section 14c of this Agreement the owner of the Retained Croton Property shall be permitted to exercise the Retained Croton Property ROFR for up to the Maximum Number prior to the expansion work being completed The foregoing shall in no way limit the obligation of the owner of the Retained Croton Property to expand or cause the expansion of the Sewer Facilities at the ExpansionCommencementDateFurtherfortheavoidanceofdoubtwhencalculatingwhetherthe Maximum Number of EDUs has been utilized the number of EDUs associated with the New Properly ROFR shall be included in the calculation f Notwithstanding anything herein to the contrary if the Maximum Fund Balance exceeds the amount necessary to improve the Sewer Facilities to the point that the total capacity of the Sewer Facilities is the Target Capacity the overage shall be disbursed eighty seven percent 87 to the District and the thirteen percent 13 to the City The owner of the Retained Croton Property as a part of the expansion work described in Section 14c may but shall not be obligated to improve or cause the improvement of the Sewer Facilities to a total capacity in excess of the Target Capacity at the owner of the Retained Croton Propertys sole cost and expense Any such additional capacity shall be added to the Retained Croton PropertyROFRIftheowneroftheRetainedCrotonPropertydoesnotprovidewrittennoticetotheCityofitsintenttoimproveorcausetheimprovementoftheSewerFacilitiestoatotalcapacityin excess of the Target Capacity within thirty 30 days following the date when the TargetCapacityhasbeenachievedtheowneroftheRetainedCrotonPropertyshallbedeemedtohave waived its right to improve or cause the improvement of the Sewer Facilities to a total capacityinexcessoftheTargetCapacity g Notwithstanding anything in the Agteements to the contrary the City shall not be obligated to pay the District any SFR Fees other than i those remaining in the ExpansionFundfollowingtheExpansionFundTerminationEventandthecompletionandreimbursement of any expansion work performed under Sections 14x and f and ii those collected by the City in excess of the Maximum Fund Balance sosesooss 7 Section 15 PreApproval of Future Transfer of a Portion of the Retained Croton Propertv ROFR a Notwithstanding anything in the Agreements to the contrary the Parties agree that Croton shall have the right to transfer a portion of the Retained Croton Property ROFR to that certain property more particularly described on Exhibit G attached hereto and incorporated herein for all purposes the New Propertv without obtaining additional approval from the City or the District b If and when the owner of the Retained Croton Property assigns a portion of the Retained Croton Property ROFR to the New Property such portion of the Retained Croton Property ROFR being assigned referred to as the New Propertv ROFR such assignment the Assignment shall be memorialized using the form of assignment set forth on Exhibit H attached hereto and incorporated herein for all purposes and such Assignment shall not be effective or binding on the other Parties to this Agreement until such time as the Assignment has been recorded in the real property records of Bexar County Texas and a copy of such recorded Assignment has been delivered to the City the District and Fred Development in accordance with the notice provisions set forth in Section 110 of this Agreement c The Patties acknowledge that the New Property is outside of the original service area of the Sewer Facilities The owner of the New Property shall be responsible for any and all costs and expenses required to connect the New Property to the Sewer Facilities and to make such improvements so that the New Property can be considered to be a part ofthe service area of the Sewer Facilities including without limitation the possible need to install an additional lift station to connect the facilities servicing the New Property to the Sewer Facilities The owner of the New Property shall be permitted to exercise the New Property ROFR conditioned upon the owner of the New Property constructing such improvements and completing them or bonding said improvements in accordance with the Citys rules regulations and ordinances in effect at the time that the New Property is platted Section 16 Clarification Regarding Rights of First Refusal This Agreement teferencesvarious rights of first refusal to utilize the capacity in the Sewer Facilities From and after the Effective Date the Parties agree that no properties other than the District Property the New Fred Development Property the Original Fred Development Property the Croton Property Being Sold the New Property and the Retained Croton Property each a Covered Propertv and collectively the Covered Properties in the capacity amounts of their respective rights and rights of first refusal shall be granted a right to utilize the capacity in the existing Sewer Facilities or the expanded Sewer Facilities if and when the Sewer Facilities are expanded to reach the Target Capacity without the prior unanimous written consent of the then owners of those Covered Properties that at the time of the conveyance have not utilized all of the respective Covered Propertys rights or rights of first refusal to capacity in the Sewer Facilities In that regard the rights of first refusal shall be considered as if they are rights to utilize the capacity in accordance with all of the terms of the Agreements and all applicable laws rules and regulations and less as if they are mere rights of first refusal This Section 16 does not affect and shall not be deemed to affect the preapproved Assignment to the New Property sosssooss Section 17 Releases EXCEPT FOR THE OBLIGATIONS OF THE PARTIES UNDER THE AGREEMENTS OCCURRING AFTER THE EFFECTIVE DATE EACH OF THE PARTIES ON BEHALF OF ITSELF AND ITS AFFILIATES AGENTS REPRESENTATIVES SUCCESSORS AND ASSIGNS TO THE FULLEST EXTENT PERMITTED BY LAW HEREBY FULLY FINALLY AND FOREVER RELEASES AND DISCHARGES EACH OF THE OTHER PARTIES TOGETHER WITH EACH OF THE OTHER PARTIES RESPECTIVE AFFILIATES SUCCESSORS AND ASSIGNS AND EACH OF THE FOREGOING PARTIES RESPECTIVE COUNCILMEMBERS TRUSTEES DIRECTORS OFFICERS EMPLOYEES AGENTS AND REPRESENTATIVES THE RELEASED PARTIES FROM ANY AND ALL ACTIONS CAUSES OF ACTION CLAIMS DEBTS DEMANDS LIABILITIES OBLIGATIONS AND SUITS OF WHATEVER HIND OR NATURE IN LAW OR EQUITY INCLUDING WITHOUT LIMITATION ANY AND ALL CLAIMS OF FRAUD DURESS CONTROL MISTAKE NEGLIGENCE GROSS NEGLIGENCE WRONGFUL CONDUCT TORTIOUS INTERFERENCE UNFAIR COMPETITION AND RESTRAINT OF TRADE THAT EACH OF THE RESPECTIVE PARTIES OR ANY OF ITS AFFILIATES AGENTS REPRESENTATIVES SUCCESSORS OR ASSIGNS HAS WHETHER KNOWN OR UNKNOWN LIQUIDATED OR UNLIQUIDATED ABSOLUTE CONTINGENT OR SPECULATIVE DIRECT OR INDIRECT PRESENTLY ACCRUED OR TO ACCRUE HEREAFTER FORESEEN OR UNFORESEEN AS A RESULT OF ARISING UNDER RELATED TO ON ACCOUNT OF OR OTHERWISE WITH RESPECT TO THE AGREEMENTS EXCEPT FOR THE OBLIGATIONS OF THE PARTIES UNDER THE AGREEMENTS OCCURRING AFTER THE EFFECTIVE DATE TO WHICH THIS SECTION 17 DOES NOT APPLY INCLUDING WITHOUT LIMITATION ANY ACT OMISSION COMMUNICATION TRANSACTION OCCURRENCE REPRESENTATION PROMISE DAMAGE BREACH OF CONTRACT FRAUD VIOLATION OF ANY STATUTE OR LAW COMMISSION OF ANY TORT OR ANY OTHER MATTER WHATSOEVER OR THING DONE OMITTED OR SUFFERED TO BE DONE BY ANY OF THE RELEASED PARTIES WITH RESPECT THERETO IT IS THE INTENTION OF EACH OF THE RESPECTIVE PARTIES THAT THE ABOVE RELEASE SHALL BE EFFECTIVE AS A FULL AND FINAL RELEASE OF EACH AND EVERY MATTER SPECIFICALLY AND GENERALLY REFERRED TO ABOVE EACH OF THE RESPECTIVE PARTIES ACKNOWLEDGES AND REPRESENTS THAT IT HAS BEEN ADVISED BY INDEPENDENT LEGAL COUNSEL WITH RESPECT TO THE AGREEMENTS CONTAINED HEREIN THIS SECTION 17 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT Section 18 Implied Waiver The failure of a Party hereto to insist in any one or more instances upon performance of any of the teams covenants or conditions of this Agreement shall not be conshued as a waiver or relinquishment of the future performance of any such team covenant or condition by the other Parties hereto but the obligation of such other Parties with respect to such future performance shall continue in full force and effect Section 19 Recitals and Exhibits The recitals and exhibits are incorporated herein fully as matters of contract and not mere recitals and exhibits sos3sooss 9 Section 110 Notices Any notices contemplated under this Agreement shall be deemed effectively given i when personally delivered or ii five 5 business days after being correctlydepositedintheUnitedStatesmailandmailedcertifiedmailreturnreceiptrequestedtothe noticed Party at its address set forth below If to the City City of Schertz 1400 Schertz Parkway Schertz Texas 78154 Attn John C Kessel City Manager with a copy to Fulbright Jaworski LLP 300 Convent Street Suite 2100 San Antonio Texas 78205 Attn Katherine A Tapley If to the District SchertzCiboloUniversal City Independent School District 1060 Elbel Road Schertz Texas 78154209 Attn Superintendent of Schools with a copy to Walsh Anderson Brown Gallegos Green PC 100 NE Loop 410 Suite 900 San Antonio Texas 78216 Attn George E Grimes Jr If to Croton Croton Properties LLC 23003 Fossil Peak San Antonio Texas 78261 Attn Todd Burek with a copy to Earl Associates PC 15303 Huebner Bldg 15 San Antonio Texas 78248 Attn David Earl If to Fred Development Fred Development LLC 1202 W Bitters Bldg 1 Suite 1200 San Antonio Texas 78216 Attn Gordon V Hartman with a copy to Law Office of Ronald W Hagauer 1602 N Loop 1604 West Suite LL102 San Antonio Texas 78248 Attn Ronald W Hagauer Any Party may change its address for notice to any other address within the United States by providing the other Parties with at least ten 10 business days prior written notice of such change in the manner set forth herein for notices 505350055 1 Q Section 111 Severability The provisions of this Agreement are severable and if any word phrase clause sentence paragraph section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid unconstitutional illegal or unenforceable for any reason the remainder of this Agreement and the application of such word please clause sentence paragraph section or other part of this Agreement to the other persons or circumstances shall not be affected thereby and it is also the intention of the Parties that in lieu of each provision that is found to be invalid unconstitutional illegal or unenforceable to the extent legally permissible a provision be added to this Agreement which is valid constitutional legal and enforceable which is as similar in terms as possible to the provision being replaced and which does not deprive the Parties of the benefit of the bargain described in the original form of this Agreement Section 112 Entire Agreement This Agreement constitutes the entire agreement between the Parties relative to the subject matter hereof There have been and are no agreements covenants representations or warranties between the Parties as to the subject matter hereof other than those expressly stated or provided for herein Section 113 Headines The headings in this Agreement are for convenience only and shall not be construed to expand limit or otherwise modify the terms of the Agreement Section 114 Governing Law and Venue This Agreement is governed by the laws of the State of Texas and the Parties agree that venue shall be in the courts of Bexar County Texas Section 115 Further Assurances Each Party agrees that it will take such actions and execute such documents as reasonably necessary to fully carry out the propose and intent of this Agreement Section 116 Counterparts This Agreement may be executed in multiple counterparts but will be considered as a single instrument when it has been finally executed by all of the Parties Section 117 List of Exhibits Exhibit A Legal Description of the Croton Property Exhibit B Legal Description of the Original Fred Development Property Exhibit C Legal Description of the New Fred Development Property Exhibit D Legal Description of the Croton Property Being Sold Exhibit E Legal Description of the Retained Croton Property Exhibit F Legal Description of the Willow Grove Property Exhibit G Legal Description of the New Property Exhibit H Form of Assignment sos3sooss 11 Signptures and Acknowledgments on the following pages 505350055 L 2 SIGNATURE PAGE TO THIRD AGREEMENT REGARDING SEWER FACILITIES IN WITNESS WHEREOF the undersigned has entered into this Third Agreement Regarding Sewer Facilities as of the date of the acknowledgement to be effective as of the Effective Date CITY OF SCHERTZ TEXAS a Texas municipal corporation By C Ke 1 City Manager STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the0Vdayoi2012 by John C Kessel the City Manager of the City of Schertz Texas a Tex mumcipa corporation on behalf of the City SEAL a o p aSAFiAFtEQNAIt NoPUry P45r yEYaiofiitsy g 4a CORIRI x10Y2092 yVacfCesesccGYGLGLLLGyYYYYffiYr4 Printed Name of Notary My Commission Expires S1 SIGNATURE PAGE TO THIRD AGREEMENT REGARDING SEWER FACILITIES IN WITNESS WHEREOF the undersigned has entered into this Third Agreement Regarding Sewer Facilities as of the date of the acknowledgement to be effective as of the Effective Date SCHERTZCIBOLOUNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT apolitical subdivision of the State of Texas BY Greg Gibson EdD Superintendent of Schools STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the Ody of erver 2012 by Greg Gibson EdD the Superintendent of Schools of SchertzCiboloUniversal City Independent School District a political subdivision of the State of Texas on behalf of the Independent School District pvvp DEIDRA L ETRHEIM NOTARY PUBLIC STATE OF TEASaEcommExpoto2ots Notary Public in and for the State of Texas Printed Name of Notary t dro l r1eIm My Commission Expires 013 S2 SIGNATURE PAGE TO THIRD AGREEMENT REGARDING SEWER FACILITIES IN WITNESS WHEREOF the undersigned has entered into this Third AgreementRegardingSewerFacilitiesasofthedateoftheacknowledgementtobeeffectiveasofthe Effective Date CROTON PROPERTIES LLC a Texas limited liability company STATE OF TEXAS COUNTY OF BEXAR Bys Todd Burek its Managing Member This instrument was acknowledged before me on they day ofwyr2012 by Todd Burek the Managing Member of Croton Properties LLC a Texas limited liability company on behalf of said limited liability company SE eeooseee on J JACOBS Notary Public State of TexashEffMyCammExp07242014 Nota Public and fote o Printed Name of Notary T J c s My Commission Expires a ao S3 SIGNATURE PAGE TO THIRD AGREEMENT REGARDING SEWER FACILITIES IN WITNESS WHEREOF the undersigned has entered into this Third Agreement Regarding Sewer Facilities as of the date of the acknowledgement to be effective as of the Effective Date FRED DEVELOPMENT LLC a Texas limited liability company By STATE OF TEXAS COUNTY OF QXGIf This instrument was acknowledged before me on the 17 day of fei1n 2012 by Gordon V Hartman President of Fred Development LLC a Texas limited liability company on behalf of said limited liability company SEAL uuuma traYPuHo1pBNotaryPublici id for the State of T xas Z Printed Name Notary My Commission ExpiresP S4 Lxhibit A Leal Description of the Croton Property Tract One Apri15 2007 BE1N4 139903 axag oPlsnti tllsep43p baiAtg compiiseil of plxitG1y786A aerps put of Ehe M31es klErtttatC RfttyVby NQ 751lbstraet Cll Gooney 131o41t p Appioxlma3cly 8929 acres ovtofteJulfanriaz dharveyNp bfi Akstraet 187 Catnty ktek5pS0 and aPproximataiy 62h sates Our of tlia 4Ji1lAUtEtaokcu Survey IdtY 74 Abstract County R1dcR 5056 Saxar County Taxae end arse being approxltnttfcly Z949G acres out of a 112G l acre tract described in volume 3013 pahe 310atttiplpaoxifttjty IIOd97acres optafa L13aetraCtdecrlbed in YolWnt 3013lsaga42ofthetlltaaordsafkexar Conrtry feXaa andbeirtg moreptrricufazly desorlhed as follows 13GL11NNlNtx atattsrflnPapt foundln the exigtiugttarthivest i203NtNS ot1rnWArguln Road For the most easterly coruar ofthi tract and the mast sasterly ttirnNi of the about iefdreacad i35S3 svretract said pcixalsaboutgucciosasnUUrisarnarafa1306acre traeedclerlbed in Yolutne 7428 iagcG2lof tlttr Reef Proparsy lccords of exisrCounry Tmtas T116NGE S 600337 W 571b8 fsei slang said nonhwestROW Ilne to an iron rod found for an angle point of tilY6 tract TltrNCN 3133 x168278leer aCang Ihcet3tigtiottttRW liati of Lower Saguip Road to An ironrodfottnd Tor a aoradr di UtYs tratlt 1H1i1CE N 1321SAV 33783 3cetatong ttte eomumbn lilts wlt6 A 1227 acre tract desaribW nVplurnP 97R Pegs 1833 ofUttidicdl 1rgpCifyltacortt ofBaxarCquttyketus Co An Iron rod found for a cornerptths trACE bird Ilia b tivrtheaattily corttcr of sbid 1227 acre itact lHENGIS744826 W 17364 feat along thaaommga line with said 12Q7Acre tractlo a 1K Waif found in a post fora corner of ttlis tract and the mast notihwestEriy corner of said1227 acre lraGCi THENCE N 95153 w 7U4Zlfaistalong the camon tine with an 1130D acre oast surveyed the 14iiay of Elugua200to enirortrodfautttIntheaomrqortllnewith a8874 acre tract desCtiped In Vaiume 1631raeib3 of aakkbpzty Rairda aflfeatCaunfyTexas TlBNCrI S6SS22 7A832atalong thecorprnonliaewis4 said 35874 Ord fraoi to an iron rod toutsdan acomer ai this frctand tii rtt9st ctistcrly cnrtuaald 35874 acre tract THENCE N 30DlOQW 161893feet along the cotnrnPaline with Said 35674acre tractto an ran rod Pound to tlta common late with a 29480 acre tract destsribad inVolltrrte5206 Page 582 of the Raxt Eropaity1Etcords a ilexar County Texasfor the must wZsreriy corner of this tract and tlia moat norWazky carnrof said 85874 acre trt3at THENCE IV 602236E 134Q9D Seel along Este aArnntonline wltB sat322950acre trattaand a 15755 atrc tract tlFSObrrdaValutita8Gt41aga t76aftltc Real Property Records aflcxar County Texas to an Iron rod 1ouad for irorriCr oGthls uatC S5 Page 2 139903 acrtaj THF7dtr8 9 73305 32Q06feetilangitic corrurttoulleYlth t448 esra trao4 desprlbed ia Votumc b622 Paa 358 af1Meal Propzrcy RcrordstSP Bexat ounnccyy Twcas to an iron tad Pound for an intatiar caxncr of hia tract aitd Otc most 5cuthaiy cotncr df eaid 1448acre tract TFIZJC1 N SO55 d4S00 feet along the spnunon tins with acid tdi8acre tract to rrn iron pipe fapaddot tha moat ncrtl3ertycoeiter oP ths trace and the xefopt tfarttierly earner of saEd 1363 acrd tract 7ttlJCES 3018S6 E l38750feet dlong 1h6 earainwrrFeacaiitle with aged 735ttacre tract m an iron rod found itasc for an angepoint of this elect THl19CE S 2g52SbE 1037tfeet continuing along tfie vommpn fngax tna wfHt aald 13506 acre tract to tho PUJtldPl3fFIN21kN4 Brut cnatiuing 139413 acres oP land morn or Icsa Note plat also peparad dt day a J 1 egistued rirofessia 7eridfvoyor No 2U34 FNOx157A2 S6 Tract Two iD3It tagea 3 40067 sages Nlarch22t7 AElfi1Ci 41067 arses islatitt tooth or lass out tiko Ivtles S SetrttettatirvetyNa 75 AiSstxaet 43 Ccnnty BlockS57 axar Couttty Toxaa and xlaobeiu cornpristsd ofateiAnstely 39b47 acres cut of a l126i 6cre trace dasalbedin Vnlumo 3D13 page 3408ex Catutty Texas and appxnxiitaately tLiOaoreireing partof TtaWer Hale lboad Abandattedasreibxettcedin Yoltuue 822I huge 852 of ta Dead ltecordc of Hexer Cortaty Texas and being more gartieuiarly described as foltowa BACTIfNatan Eton iod fdttnrtat thiF iptorseetlopofthe tRistinlE ugttbvvest ROWline of iowtr5aguin 1i2oaddradtlre centerlime aPrainer 33a1e Road rlhartdaned for themastaixth5rly comer otths tract atdltuJnt eiaag3 6tp22W x44 fret fmttt tlic moat southerly corner of the above zofetotxal 11211 sofa tract TEFiVCi3 N 9001i0 W 783 feet along said centerline W an from tad found at the intersection with the eadsthtg northeast TLtW line oflM Highway 1518 for the beglnniiog of a curve to the left TIik3NG iu anorthweatetly directConalongaaidaQatittcasi itOVrling of F hf Highway IS18 with a ctttve Daviug a cealFai 9ngle af4i13555 anulius of 29113rDDfexiatangsutdistance of 24991 feet an arc leEtgtTt of 485513 felt and a tLord bearing and distauce of N 25 1302 W i8611 BEd to a broken eosxcreta i2UW marker foundfar the end of thl crave THENCE N 3i1410x1f Fret I3rg 75984Rfeet aing said ntheastRC7W line to aft Iron tad fttttnd iti same for tFia begiaalzig of a curve toitaright T11E1iCl along tltc cootniioa 11no vritli a 5874 acre tact tlesntibCdlrt Voltustc 32438 Page I63 ofttte Real Property ltaCords iiexat County Texas in a uartlicasterxy dlrocctiion 8ioag said cuivd having a centtni angel of9021A7a radius of 25f1U feat a tangent distance nf2516 feet an are length of 3443feat acid achord ixariag and dietace ofN iS 0U953 T 35A7 feet to nn iron tad bond in sartte for tLz tiu1 offlits curve THENCE N bQ2047 r 9024 feet slung thm cammonlioa w1tL said 3587 sett tract and being b000leaf from uud parallel to the naralwest fate oP said 11261 acre tract to nn icon xad found far cite bcgianing ofa curve to tte light THENCE along the cocoa tae witia said 35874 acre traot ins 5qutiieasixrIy direction alogg said cttrvo Laving a cenuril angle ot993813 a radius of2500 feet a tangent distance of2484 feet art axe lengtia of 39 kl fast and a chord bearing axjd distcwce aF S7ASQtiG fi 3524 feet to an iron rod found 4or rate end of tLls curve THENGE330Ul00 158981feet elan the common line wtL saki 9587acne tract to an ironrod fannd for the most southerly gamer of s8id 95874acre tract and thetttast westerly tattr of an T1S00accatractdesotibdinVoturrte 12658 raga 163 afthc Real Prop4rcy Recax4s laexar County Texay S7 49 4 A0087 aostsy iFiEIC13S 391818 51155 feet dung tho aomman liuc wttt said 1500 acrd tract to an irnn rod fgorsd tU the existing north CtOW line 3fLoWtr Seg113n Read for lfic most easterly cUTAUY Ut this trddl aAA ti3C atfl3t gpythcrly CQtaCY Of Sdtd 1SA0 1Cr6t1Mt TkiNCll N 8531 23 W 13417 feet along hcaxtb Rf3Wliucto att iron rod found fpran angle point of th4s tract and the earruZnn cnrner nt aa9d 11261 arse traet a3dsaid 11563 acre tract liSitJ1 B 64U27 W 7341eet8long the nttrihwest itOWline o1owerSegttlrl Road to the pOIIiT OTrBFGIiTItiEiand eontain9rig 4D06T acres of land morn or less dote Plat Surveyor No S8 Exhibit B Legal Descriution of the Original Fred Development Property ft J SURVEYIAC MELD NpTES FOR A 6777acrc tract of land being all of that 6774 acre tract of land situated in the Cily of Schertz out of the J Leal Suney No 79 Abstract 424 County Block SOS8 Dexar Cownyfexas as conveyed to Mustollg PittyOne LTD of record in Volune 12172 Page 428 and Volume 146x2 Page 1799 Official Public Records of Bexar Connty Texas BECINNLNG at a found 12 iron rod capped DYE 8NT in the southwest rightofwaylineofPM1x18avariablewidthrightofwayforthesoutheastcorneroftheremaining trncl of a 10094 acre tract of land of record in Volume 764s Page 318 Official Public Records of Bexar County Texas mtd the most easterly northeast corner ofthe 6774 acre tract and the tlnct described herein THENCE Along and with the southwest rightofwayline of FNI s 8 and the east line of a 6774 acre trael and the hact described herein the following calls and distwtces I S 301641P a distance of 32433 feet to a found Texas Department of Transportation TXDOT Brass Disc hfonumenl at a point of cunalnre 2 with a curve to the lest having a radius of 577000feet an arc of 23408 feet a delta of 021928tmd a chord bears S 31 05x7E a distance of 23406 feet to a fotmd TXDOfBrass Disc Monument at n point of tangency 3 S 322701E a distance of 29260 feet to a found TXDOT Brass Disc Movumem at a point ofcurvature and 4 with a curve to the right n radius of 569000 Feet having an arcof 10974feet a delta of Ol0618 and a chord bears S 30x022E a distance of 10974 feet to a se 12 iron trod with Blue Plastic Cap Stamped ICFW Surveying for the northeast corner of a 2x62 acre tract called Tract 1 conveyed to Corned J Hillerl of record in Volume 6105 Page x06 Official Pnblic Records of Bexar County Texas and for the southeast comer of the 6774 acre tract and the tract described herein THENCE along and with tho north line of a 2562acrc tract and the sou01 line of n 6774 acre Tract and the tract described herein the following calls and disttmces 1 S 59381G W a distance of 154797feet to a set 12ironrod with Blue Plastic Cap Stamped ICP W Stuveying For an angle point and 2 S 6002 18 R a distance of 75100 feet to a found 12iron and for the norihwesl comer of the 2x62 acre Tract altd the northeast corner of Tract 15 mtd Tract 14 of Windy Acre Subdivision of record in Volume 6800 Pagc 47 7400 Blanco Suite 26t San Antonio Texas 78278 Phone 210 9798444 Fax 210 9790499 wwvwkfwengineerscom sos3sooss Exhibit B Page 1 Deed and Plat Records of Bexar County Texas the southeast comer ok a 6358 acre tract of land conveyed tofimothy P and Alison G Adams of record in Volume 6442 Page 1971 Official Public Records of Bexar CountyTexasandforthesouthwestcowerofthe6774acretractandtheTract described herein THENCE N 302431W along and with the east line ofa 6358 acre tract and the west line ofa G774 acre tract and the tract descrihed herein adistance of 186159feet to a found nail in the southeast rightofway line of West Shaefer Road and for the northeast corner of the 6358 acre tract and the nmtlnvest comer of the 6774 acre tract and the tract described herein THENCE N 594724E along and with the southeast rightofway line of West Shaefer Road a distance of 83226 feet to a fowrd 12iron rod capped DYE EN1 for the northwest corner of the remaining tract of a 10094 acre tract and the most northerlynortheastcomeroftheG774acretractandthetractdescribedherein THENCE S 30 1652 E departing the southeast rightofway line of West Shaefer Road along and with the northeast line of a 6774 acre tract a distance of 90004 feet to a found I2 iron rod capped DYE ENT for tite southwest corner of the remaining hacl of a 10094 acre tract and an interior corner of the tract described herein THENCE N 594754E along and with a northwest line ofthe 6774 acre tract and a southeast line of the remaining Lactof a 10094 acre tract a distance of 145517 feet to the POINT OF BEGINNING and containing 6777 acres 2952159 squuefeet more or less Said nactbeing described in accordance with a survey prepared nusr Surveying Job No 10138 Frepared by KFw Surveying Date December 13 2010 File S1Draw2010110138FM 1518 Shertz G7 ac1DOCStFN6777 sos3sooss Exhibit B Page 2 Exhibit C Legal Description of the New Fred Development Property FIELD NOTES sunas1rxct IC1R A i0G6 acre tract of land being a renanining parliou of n ID094 acrd hC1 al land situated in the City of Sehertz cart of the J heal Snney No 79 Abstract 424 Cauuty Blocl 5058 Bexar County Texas as convoyed to Fanfia C VJicdetstriu of ncnrd in Volmaae 7f 45 Page 318 Olticinl Public Rccnrds of 1laxar Cuuany Texas mtd being more paalicatiariy described by metes and bounds as folluvs BEGIiiiCaiafmantl 112 iron rod aappcrl pY6 FnT in fire soothwcst rightoftvay Sine of Ft9 1518 a cariatale tv7dda rightnltrayfrtt the southeast corner of tho rttnainder 10098 aore tract attd the anost easterly narthcrst eorracr ofthe G777 acre tract of record in Vnlunac 14874 hnc 1915 tlicial 1ahlicRecords of Boxar Comity Texas mtd 9ha For the soudacast corner of the tract described herein 1IIENC7S947SP14r along nod with n northwest line of lire 6777 acre tract and a southeast line of the remainder 10094acre tract a distance oP 135517 feel ut a found 112 iron rod capped I1EENfforthe interior Coaaicr of the remainder 10094 acre trncl mid Ilae snulhwstearner offhe tracf described hereto THTCF N 3d 1 fiS51r along and with a northeast line ofa G777 acre Iraq a distance of90004 tetto a found lfironrod capped I1EENT on line southeast rightntaytine ofWee Shaefer Roa1 for the aanrthcvesi corner of the remainder 10094 acre tract and due 0actdescribed herein TIEt1CEN 59474771 along and with flue southeast rilh0ofway liar of Wr st Shnefcr Rnnd the north liaae of tits 10094 acre Tract a distance of 14Gb8feet to a found Texas I7eparlment of TinspnainiimaT17QT Rrasx Ulu Moraamcnt a the cutback of 1VCStSlaacfer Rnad tvilh Fhi 1518 and Iorthe northcJast corner of the attnainder14094 nrrC true road lire tract described IaerCin 11TlNCIS750926E nlnng anti xith the rightoftvny line and the cutback a distnaree af7070feet to n set 4 iron rod niahblue plastic cap slaaupcd tN11 Surveying on the southwest rightofway line of FtVi 1 S 18 and die cast line of the remainder 10094acre pact IHENCliS3U7030I nlottg and with the soutlnvest rightnfway line of FYl 1518 grad the cast lint olhcrcanairxler 16098acre tract a distance of 850AG licl to the PQIlTtFBEIlNIlCand cnuiainin 30Afi nctstract or 1309418 syaare leer more or less anti bchag described in acrdmrett211r a surtctprepared r 1PV Suleying Job 5 10laR Frcrdby KFw Surveying 1Dafc kptcmtc 2R 2fil l Faaa StOratt 2alotQt3RFI151 ti Shatz 7 R51J7t1CS1RA30eGacrloe f 1 1 I S 1 I 1 S it sosssooss Exhibit C Page 1 Exhibit D Leeal Description of the Croton Property Being Sold PROPERTY DESCRIPTtON OF 13751 ACRES OF LAND PARTIALLY 1N THE CITY OF SCHERTZ BEXAR COUNTYTEXASOUTOFTHEMILES5BENNETTSURVEYN075ABSTRACTNO61COUNTYBLOCK5057THEJULIANDIAZSURVEYN066ABSTRACTN0187COUNTYBLOCK5059ANDTHEWILLIAMBRACKENSURVEYN074ABSTRACTNO43COUNTYBLOCK5056BEXARCOUNTYTEXASANDALSOBEINGOUTOFA139903ACRETRACFDESIGNATEDASTRACTIDESCRIBEDBYDEEDRECORDEDINVOLUME13566PAGE1939OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXASSAID13751ACRESOFLANDBEINGMOREPARTICULARLYDESCRIBEDASFOLLOWS BEGINNING AT A FOUND 1IRONPPEON THE NORTHWEST RIGHT OF WAY LINE OF LOWER SEGUIN ROADBEINGTHEEASTCORNEROFSAID139903ACRETRACTANDALSOBEINGTHESOUTHWESTCORNEROFA13506ACRETRACFDESCRIBEDBYDEEDRECORDEDINVOLUME7923PAGES621624OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXAS THENCE ALONG THE NORTHWEST AND NORTHERLY RIGHT OF WAY LINE OF LOWER SEGUIN ROAD THEFOLLOWING S 59 q9 qi W 57130 FEET TO A FOUND z IRON PIN WITH YELLOW CAP STAMPED BLS 2024 N 85 44 03 W 168281FEET TO AFOUND aIRONPIN WLTH YELLOW CAP STAMPED BLS 2024 BEINGTHESOUTHEASTCORNEROFA1227ACRETRACTOFLANDDESCRIBEDBYDEEbRECORDEDINVOLUME13673PAGE2232OPTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXASSAIDIRONPiNALSOBEINGTHESOUTHWESTCORNEROFSAID139903ACRETRACTANDTHESOUTHWESTCORNEROFTHEHEREINDESCRIBEDTRACT THENCE LEAVING THE NORTHERLY ftiGHT OF WAY LINE OF LOWER SEGUIN ROAD ALONG THE WESTERLYBOUNDARYOFTHEHEREINDESCRIBEDTACTTHEFOLLOWING N 13 37 14 W 33763 FEETALONG THE EAST BOUNbARY OF SAID 1227 ACRE TRACT TO AFOUNDzIRONPINWITHYELLOWCAPSTAMPEDBLS2024BEINGTHENORTHEASTCORNEROFSAID1227ACRETRACT S 70 90 25 W 17246 FEET ALONG THE NORTH BOUNbARY OF SAID 1227ACRE TRACTTO A FOUND MAGNAILONTOPOFA7CREOSOTEFENCEPOSTBEINGTHENORTHWESTCORNEROFSAID1227ACRETRACT N 30 04 49 W 70308 FEET ALONG THE EAST BOUNDARY OF AN 115ACRE TRACT OF LAND CONVEYEDTOALTONANDELEENSCHNEIDERBYDEEDRECORDEDINVOLUME3013PAGE340OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXASTOAFOUNDVzIRONPNWITHYELLOWCAPSTAMPERBLS2024ONTHESOUTHBOUNDARYOFLOT1BLOCK1ASDESCRIBEDBYSUBDIVISIONPLATOFRAYDCORBETTJUNIORHIGHSUBDIVISIONRECORDEDINVOLUME9600PAGES159161OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXAS N 56 39 S7 E 24845 FEET ALONG THE SOUTH BOUNDARY OF SAID LOT 1 BLOCK I TO A FOUNDzIRONPINWITHREOCAPSTAMPEDCECBEINGTHESOUTHEASTCORNEROFSAIDLOT1BLOCK1 N 30 14 12 W 155195 FEET ALONG THE EAST BOUNDARY OF SAID LOT 1 BLOCK 1 TO A FOUND zIRONPINWITHREDCAPSTAMPEDCECBEINGAPOINTOFCURVATUREOTANONTANGENTCURVEFORTHESOUTHEASTRIGHTOFWAYTERMINUSOFRAYCORBETiDRIVEASSHOWNONSAIDSUBDIVSIONPLATOFRAYDCORBETTJUNIORHIGHSUBDIVISIONANDALSOBEINGTHESOUTHWESTCORNEROFA2028ACRETRACTOFLANDDESIGNATEDASTRACTIDESCRIBEDBYDEEDRECORDEDINVOLUME14343PAGE1959OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXASTHENORTHEASTCORNEROFSAIDLOT1BLOCK1ANDTHENORTHWESTCORNEROFTHEHEREINDESCRIBEpTRACT THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID 2028ACRE TRACT AND THE NORTHERLY BOUNDARYOFTHEHEREINDESCRTBEDTRACiTHEFOLLOWING 1334 FEET WITH THE ARC OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 43000FEET ACENTRALANGLEOF01q637ANDACHORDBEARINGANDpISTANCEOFN595031E1333FEETTO sos3sooss Exhibit D Page 1 FOUND iiIRON PIN WITH RED CAP STAMPED CEC BEING A POINT OF NONTANGENCY N 58 20 13 E 17215 FEET TO A FOUND YzIRON PIN WITH RED CAP STAMPED CEC BEING A POINT OFCURVATUREOFANONTANGENTCURVE 1825 FEET WITH THE ARC OF A CURVE CONCAVE TO THE SDUTH HAVING A RADIUS OF 37000 FEET ACENTRALANGLEOF024937ANDACHORDBEARINGANDDISTANCEOFN585544E1825FEETTOFOUNDiIRONPINWITHREDCAPSTAMPEDCECBEINGAPOINTOFTANGENCY N 60 20 32 E 22736 FEET TO A FOUND izIRON PIN WITH RED CAP STAMPED CEC N 60 17 ii E 65827 FEET TO A FOUND iIRON PIN WITH RED CAP STAMPED CEC BEING A POINT OFCURVATURE 26816 FEET WITH THE ARC OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 37000 FEET ACENTRALANGLEOF413130ANDACHORDBEARINGANDDISTANCEOFN8102SGE26733FEET TOFOUNDhIRONPINWLTHREDCAPSTAMPEDCECONTHEWESTBOUNDARYOFA0708ACRETRACTOFLANDDESCRIBEDBYDEEDRECORDEDINVOLUME14343PAGE1960OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXASSAIDIRONPINBEINGTHESOUTHEASTCORNEROFSAID2028ACRETRACT THENCE CONTINUING WITH THE NORTHERLY BOUNDARY OF THE HEREIN DESCRIBED TRACT ALONG THEWESTANDSOUTHBOUNDARYOFSAID0708ACRETRACTTHEFOLLOWING S 29 55 25 E iG358 FEET TO A FOUND z IRON PIN WITH YELLOW CAP STAMPEp BLS 2024 BEING THESOUTHCORNEROFSAID0700fiCRETRACT N 50 I5 43 E 18214FEET TO A FOUND iIRON PIN WITH RED CAP STAMPED CEC BEING A POINT OFCURVATUREOFANONTANGENTCURVEBEINGTHEWESTCORNEROFA0289ACRETRACTOFLANDDESIGNATEbASTRACT2DESCRIBEDBYDEEDRECORDEDINVOLUME14343PAGE1954OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXAS THENCE CONTINUING WITH THE NORTHERLY BOUNDARY OF THE HEREIN DESCRIBED TRACT ALONG THESOUTHBOUNDARYOFSAID0289ACRETRACTTHEFOLLOWING 23279 FEET WITH THE ARC OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 43000 FEET ACENTRALANGLEOF3101p4ANAACHORDBEARINGANDDISTANCEOFNb741S1E22995FEET TOFOUNDzIRONPINWCTHREDCAPSTAMPEDCECBEINGAPOINTOFTANGENCY N 52 11 19 E 3157 FEET TO A FOUND zIRONPiN WfTH RED CAP STAMPED CEC ON THE WESTBOUNDARYOFA2501ACRETRACTOFLANDDESCRIBEDBYDEEPRECORDEDNVOLUME14298PAGE 7 OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXASSAIDIRONPINBEINGTHESOUTHEASTCORNEROFSAID0289ACRETRACTANbTHENORTHEASTCORNEROFTHEHEREINDESCRIBEDTRACT THENCE WITH THE EASTERLY BOUNDARY OF THE HEREIN DESCRIBED TRACT THE FOLLOWING S 30 31 28 E 151678 FEET TO A FOUND z IRON PIN ON THE WEST BOUNDARY OF A 13506ACRE TRACTOFLANDDESCRIBEDBYDEEPRECORDEDINVOLUME7423PAGES621G24OFTHEOFFJCIALPUBLICRECORDSOFBEXARCOUNTYTEXAS S 30 06 05 E 100258 FEET ALONG THE WEST BOUNDARY OF SAID 13506 ACRE TRACF TO THE POINT OFBEGINNINGCONTAINING13751ACRESOFLAND NOTE BEARINGS USED IN THIS DESCRIPTION ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATESYSTEMSOUTHCENTRALZONENAD8393 sos3sooss Exhibit D Page 2 Exhibit E Legal Description of the Retained Croton Property Tract One Aprf15 20IY BEiNC11391U3 acmes odland true oKIcsp belcornmpdised ofppgxtiattiy78GlA sexes qut of the lvlJles Flaxtexr5urey No 7r llhstraca bl COUttCy 131ok 5 apptoxiffrataly9x429 acres qutoftheJnllan liaz lrrvey75in fi Aisstrar187 Cuttniy kneteStlS and appraximateiy 628h aaxes Out of t1C Willdtun Srackau Survey Nv 7fAtisuact 43 Ctitttrry dock 5076 ldaxar County iexaaand alsoelag aPprgrtttnatcly Z9496 arras out ofa 112G1 acre tract described in Ynlume 3013 Page 344 taatl ttppraxttrly l1td07atres oilcafa i9 53xerracxdasertbed to Yoltrtna51139Pa8q3t9itheIleetllYecotdsof 13ertat Cowtty Tetatandbtlxfg tnoxepartieularly descrllted as follows 13CtiNN1N at an irijnripe fatrsd n rifts axieting northiyost ROW ltnb cif lvirSeguin Road For tba mast easterly cagier odthl tract and the mast eitisterly curbxi of the abavo referacad i15S3 acre tract said paintalsts 6oiugtttcttiostso4rilytoxnerofal3e16salttraerdc9erlbed in Valunre7428 Page G2i of tfre Real Property Records of 36exarCounty Toxsa TkTLNGE 5640337W 574 4 feet slang said northwest3tG1W1dneto an iron rodfound for an angta poirt of this traol TFi1rNC N 833133 1V 15R278fdac elanglhecxtntirg Borth RAGV linaof LowarSdguln SYoact xa an lrarrrodfottnd ar a terrier di thts txa6t 1lZNCIrN13213 1Y 3373 tcoLalongthe aomnaan 1lAe w1t6 a 1227 acre tfaCC tlesarlbed is Volume 9746 Pae 833 of the ftcaiAtapexty liecardt of BexaxCounty Xexas town Aran rod faurrsl for a cornerpft9rla tiaCl ttftd tdie mast riarlhtaetekly crier ufsatd 1227 acre tract lLTENCRS70482fiVJ k764 teeralong thn common flue with said 7227acre txaet xo A PC nail found is apost fora corner of tills tract and tbe mast nesttbWesteriy corner of sad1227acre tFa4ti THENCi3 N 295154 w l442R faet along tlta ctrtgutaan Itne wltp an 11300 acre tract surveyed the l4iflayof AuuatZl064aanStotr todfouatliattGsturttttoxrliaewitlia85874acre erset dasCelbed ltt Vciutne d238 P2ge 1f3 oftbG SoatKdletyRecoFdsoFfDrGouatyTexas T11BNC LJ S65922 2fSt32feotaltmg the aornmon line w111 said 35874 ire treat to an iron rag 3outta3er a earrrtor ofttds tlact and tficrtwat csstctly roritet oAsald 35674 acre trna lHSNCE N 300100W 161848 feet slang the carrrmat litu with Said 95674 acre tract to an iron rnci found in tdtt cotrunndire wJtfi s 94d acre tract dpsanbad in Ylolume 520b Page 582 of the Real Prpatty 1Ereards of exat County Taxes foe the tttost westerly Cosner of tHis Bract anal the mass rtgrtltaxly earner nF 9aii1 3Sti74 actq tract THNGE N 60223tE13g04tfoet afang tTte aAnxrtou ine rIth aRid2998QaCSe trRnzartd a LSZ53 atre tract dtserbrtl in YolatgtC 864 Page 17fioftits Real Property RGCOrds of3axsr Gaunry Texas to art Iron tqd 1Pouatl far scorrssr oftills tract sos3sooss Exhibit E Page Page 2 134903 acres THltNCH 9298305 3Zt140fcstston8 tilt corriinQp lG w4t 144 scra traor desprlbed ii Vnlumc 6622 Page 358 afthetcat Propzity Records riP Beitar vrntrTtxss to iron rad found for an interior corner of this tract attic ta mast sauthly corner ofsaid 1448acre tracts T1IENCE N Sar3S5E 445f0 fact along the cpnunon trine Svlth said L4d8 acrd trace to an iron pipe found fur the most tQrdertyooener of thin irapx and fiieijpptnoytheriy corner ofacid 1563 arnkuacr 1liETICES 30 134 E 138750feet alongthc cosunwa Yaaeesine with siit 1350acre tract m an iron rod round in wine Eos a4t arigieyioiitoftBis tract THENCE S 29556 SS032ileercnntnuing atortg tisa aomuagn fezs littc with said 13506 acre rear to ha POt1 OF td1Ji431TEiarW oonteLiin 134913acres ofland Moro or css Note plat also prep2rtdth day t oglstcred rirufessian Yerd5ritvcyor No 2034 MN0157A2 sos3scoss Exhibit E Page 2 Tract Two IrlfiNrr 2aga 9 d01167 enLes 21107 R11fi 44067 acres Af7aiatlriiorb ar lest outof tga 2vtifebS Sesueti urviajt Na 75 Abstcet Gl County iToctr3057 axarCounty oxas and aleobEii cuntprised gfaptsotsimstety 39667 acrea out t3f a 11261 bra tract dastibed bt Valtttnri 3bi3page 340 43exur atamy Texas 8nd apprQxtuatefy 044aarebeiigpart of Ttatner H toad ibandattedttsrcfrettced in Volume 822Y Pcge 852 of tha Deed Records of Bexar County Tezas ezsd being more particularly described as follows BE1AilIt44 at an iron rqd Potxndat thoinlersecUau of the existing aacvvest RW11netzf Lower gcgttttt I3tail d tlae cttterfEne crffrglncrlIaleltoaAhandonrtljfnY the mastsoitrly tarnas oP tttTs tret7 saidpuincheitg9 600227 W 2A4S feet fimn the moat aantherly corn6r of thG above refotapced 1141 acYCS tract TiIHNCE hl 3040101 7i28 feet along said cottt4rltaa tp aa iron rod found at the intersection with the existing northeast TLtW line af1s M Highway 1 Sig forthe bagintiing of a cuve to she left TFi1NGiu aaorlktweateelydkractCanalartsaid aorWeast ltAVit line ofF M Highway 4518 witt ncurve ttuvviug ti cttal Ataglesaf l193455 anulius of Z9drsf fla tangcut 3Lstsncc of 7A89t feet as axe 18tgtft oftl6fi13feat and n e3ord bearing and distance of N 2S13021V 08U l1 feat to a broken cotxtela RAW starker found for the and of tbls ctusro TH8IVCE N 300100 tef Beg 3595480 feet a3ng sBicl ntttheastRt3W line to an iron rod fottstd iti same fox t8obagiuning of n curve tctbe right xIiIC 81ong the caAlttiaa Iine stA a 3374 accts tf3Gt dtsaribCidla1 Voinme 12638 Page i63 of tha Real iropertyltords flexac Gouuty Texas iti a nartpeastergdirac3on ntaug said cuive having a central angel of 9tt2l49a railing of 23110 feat a tangent distapce of 2316 feet ap are length of 3443 feat and a shoxd bearing and distarsoe of N 154953 E 3547 feet td an iron rod vuntf in sane for lhir gitS1 oftltls curve bTCB N 02047E7807tYfeat along the cotrunartCnnt3wthsaid85874 acre uact cad being 60417Seer from and parallel to ta nortxwegt tine oP said 126i oars tract to an iesn xod found for the begiuning ofasvrve to the tighg THENCE sloggtheconunon line with said 35514 acre tract iua SvutlieasttrIyr direction alop said tvxstbooing a centrd angle0f93813 a radius vf2500 eet atan8ent distatceof 2484 feet ari azc length of 3r3 tl feet and a ckorA beaxiug and distanca of 5 74S4flG 6 3524 feat to an iron and found for the end of tLis curva TFIIrNCH 93001tl0 155981 feat along the common line with saicl35874 acre tract to au ironrod found far the mast southerly earner of stifid 35874Here tract and the most westexiytattter of an 715l0accetract de3ccibed to Vaturme 12658 7484 363 oftbeReal PropQrty l7ecazds flexor County Texas sosssooss Exhibit E Page 3 1ago 4 144Dit7 aett 1ilFiICS293S 3 53135 feet along the eotnmon lip with said 11514acre ttact 1o an trnn rod ntnd lt1 the extstut nrrth EtOWline bfLtrwtr 5eguia Iicad or the ptost easterly cgroer of tbls tract awl tc stost sputpcily eoraor osaid 1151111 acre tract THNCB N 65Sl23W lit7 feet aign8 hosLW ltae to an irnrs rud fonad furan angle palyd of Chia tract and the caputan corner of said 1SC1 acre traetand said 115b3 acre tCA9L1 OIZT 4 BEGiiTtNO and coptaaautg 4446T acsof laf7lmodegSctuRoad Noce Flat Surveyur I1o 2D2A SAVE AND EXCEPT THE PROPERTY DESCRIBED ON THE FOLLOWING TWO PAGES sos3sooss Exhibit E Page 4 PROPERTY DESCRIPTION OF 13751 ACRES OF LAND PARTIALLY IN THE CITY OF SCHERTZ BEXAR COUNTYTEXASOUTOFTHEMILESSBENNETTSURVEYN075ABSTRACTNO61COUNTYBLOCK5057THEJULIANDIAZSURVEYfd066ABSTRACTN0187COUNTYBLOCK5059ANDTHEWILLIAMBRACKENSURVEYN074ABSTRACTNO43COUNTYBLOCK5056BEXARCOUNTYTEXASANDALSOBEINGOUTOFA139903ACRETRACTDESIGNATEpASTRALTIDESCRIBEDBYbEEDRECORDEDNVOLUME135GBPAGE1939OFTHEOFFIC1AlPUBLICRECORDSOFBEXARCOUNTYTEXASSAID13751ACRESOFLANDBEINGMOREPARTICULARLYDESCRIBEDASFOLLOWS BEGINNING AT A FOUND 1IRONPIPE ON THE NORTHWEST RIGHT OF WAY LINE OF LOWER SEGUIN ROADBEINGTHEEASTCORNEROFSAID139903ACRETRACTANDALSOBEINGTHESOUTHWESTCORNEROFA13506ACRETRACTDESCRIBEDBYDEEDRECORDEDiNVOLUME7423PAGES621624OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXAS THENCE ALONG THE NORTHWEST AND NORTHERLY RIGHT OP WAY LINE OF LOWER SEGUIN ROAD THEFOLLOWING S 59 49 ql W 57130FEET TO A FOUND VzIRON PIN WITH YELLOW CAP STAMPED BLS 2024 N 85 q4 03 W 168281 FEET TO A FOUNp Va IRON PIN W RH YELLOW CAP STAMPED BLS 2024 BEINGTHESOUTHEASTCORNEROFA1227ACRETRACTOFLANDDESCRIBEDBYDEEDRECORDEDINVOLUME13673PAGE2232OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXASSAIDIRONPINALSOBEINGTHESOUTHWESTCORNEROFSAID139903ACRETRACTANDTHESOUTHWESTCORNEROFTHEHEREINDESCRBEDTRACT THENCE LEAVING THE NORTHERLY RIGHT OF WAY LINE OF LOWER SEGUIN ROAD ALONG THE WESTERLYBOUNDARYOFTHEHEREINDESCRIBEDTACTTHEFOLLOWING N 13 37 14 W 33763 FEETALONG THE EAST BOUNDARY Of SAID 1227ACRE TRACT TO A FOUND VzIRONPINWITHYELLOWCAPSTAMPEDBLS2024BEINGTHENORTHEASTCORNEROFSAID1227ACRETRACT S 70 q0 25 W 17246 FEET ALONG THE NORTH BOUNDARY OF SAID 1227ACRE TRACT TO A FOUND MAGNAILONTOPOFA7CREOSOTEFENCEPOSTBEINGTHENORTHWESTCORNEROFSAID1227ACRETRACT N 30 0444 W 70386 FEET ALONG THE EAST BOUNDARY OF AN 115 ACRE TRACT OF LAND CONVEYEDTOALTONANDELEENSCHNEIDERBYDEEDRECORDEDINVOLUME3013PAGE340OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXASTOAFOUNDVzIRONPINWITHYELLOWCAPSTAMPEDBLS2024ONTHESOUTHBOUNDARYOFLOTiBLOCK1ASDESCRIBEDBYSUBDIVISIONPLATOFRAYpCORBETiJUNIORHIGHSUBDIVISIONRECORDED1NVOLUME9600PAGES159161OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXAS N 56 39 S7 E 24845FEET ALONG THE SOUTH BOUNDARY OF SAID LOT 1 BLOCK 1 TO A FOUND YzIRONPINWITHREDCAPSTAMPEDCECBEINGTHESOUTHEASTCORNEROFSAIDLOT1BLOCK1 N 30 14 12 W 155195 FEET ALONG THE EAST BOUNDARY OF SAID LOT 1 BLOCK I TO A FOUND VaIRONPINWITHREDCAPSTAMPEDCECBEINGAPOINTOFCURVATUREOfANONTANGENTCURVEFORTHESOUTHEASTRIGHTOFWAYTERMINUSOFRAYCORBETFDRIVEASSI101NNONSAIDSUBDIVISIONPLATOFRAYDCORBETTJUNIORHIGHSUBDIVISIONANDALSOBEINGTHESOUTHWESTCORNEROFA2020ACRETRACTOFLANDDESIGNATEDASTRACTIDESCRIBEDBYDEEPRECORDEDINVOLUME14343PAGE1959OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXASTHENORTHEASTCORNEROFSAIDLOT1BLOCK1ANDTHENORTHWESTCORNEROFTHEHEREINDESCRIBEDTRACT THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID T020 ACRE TRACT AND THE NORTHERLY BOUNDARYOFTHEHEREINDESCRIBEDTRgCFTHEFOLLOWING 1334 FEET WITH THE ARC OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 43000FEET ACENTRALANGLEOFD1q637ANDACHORDBEARINGANDpiSTANCEOFN595031E1333FEETTO sos3sooss Exhibit E Page 5 FOUND zIRONPIN WITH RED CAP STAMPED CEC BEING A POINT OF NONTANGENCY N 58 20 13 E 17215 FEET TO A FOUND yzIRON PIN WITH RED CAP STAMPfD CEC BEING A POINT OFCURVATUREOFANONTANGENTCURVE 1825 FEET WITH THE ARC OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 37000FEET ACENTRALANGLEOF024937ANDACHORDBEARINGANDDISTANCEOFN565544E1825FEETTOFOUNDzIRONPINWlTHREDCAPSTAMPEDCECBEINGAPOINTOFTANGENCY N 60 20 32 E 22738 FEET TO A FOUND z IRON PIN WITH RED CAP STAMPED CEC N 60 17 11 E G5827 FEET TO A FOUND VaIRON PIN WITH RED CAP STAMPED CEC BEING A POINT OFCURVATURE 26016 FEET WFTH THE ARC OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 37000 FEET ACENTRALANGLEOF413130ANDACHORDBEARINGANDDISTANCEOFN81025GE26733FEET TOFOUNDzIRONPINWFFHREDCAPSTAMPEDCECONTHEWESTeOUNDARYOFA0708ACRETRACTOFLANDDESCRIBEDBYDEEPRECORDEDNVOLUME14343PAGE1960OFTHEOFFICIALPUBLLCRECORDSOFBEXARCOUNTYTEXASSAIDIRONPINBEINGTHESOUTHEASTCORNEROFSAD2028ACRETRACT THENCE CONTINUING WITH THE NORTHERLY BOUNDARY OF THE HEREIN DESCRIBED TRACT ALONG THE WEST AND SOUTH BOUNDARY OF SAID 070EACRE TRACT THE FOLLOWING S 29 55 25 E 1G358 FEET TO A FOUND Vi IRON PiN WIFH YELLOW CAP STAMPED BLS 2024 BEING THESOUTHCORNEROFSAID0708ACRETRACT N 50 15 43 E 18214 FEET TO AFOUND z IRON PIN WITH RED CAP STAMPED CEC BEING A POINT OFCURVATUREOFANONTANGENTCURVEBEINGTHEWESTCORNEROFA0289ACRETRACFOFLANDDESIGNATEDASTRACT2DESCRIBEDBYDEEDRECORDED1NVOLUME19343PAGE1954OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXAS THENCE CONTINUING WITH THE NORTHERLY BOUNDARY OF THE HEREIN DESCRIBED TRACT ALONG THE SOUTH BOUNDARY OF SAi0 0289ACRE TRACT THE FOLLOWING 23279 FfET WITH THE ARC OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 43000 FEET ACENTRALANGLEOF310104ANDACHORDBEARINGANDDISTANCEOFN674151E22995FEET TOFOUNbVzIRONPINWTIHREDCAPSTAMPEDCECBEINGAPOINTOFTANGENCY N 52 11 19 E 3157 FEET TO A FOUND zIRONPIN WITH RED CAP STAMPED CEC ON THE WESTBOUNDARYOFA2501ACRETRACTOFLANDDESCRIBEDBYDEEDREGARDEDINVOLUME14298PAGE 7 OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXASSAIDIRONPINBEINGTHESOUTHEASTCORNEROFSAID0289ACRETRACTANDTHENORTHEASTCORNEROFTHEHEREINDESCRIBEDTRACT THENCE WITH THE EASTERLY BOUNDARY OF THE HEREIN DESCRIBED TRACT THE FOLLOWING S 30 31 28 E 151678 FEET70 A FOUND yz IRON PIN ON THE WEST BOUNDARY OF A 135OGACRE TRACTOFLANDDESCRIBEDBYDEEDRECORDEDINVOLUME7423PAGES621G24OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXAS S 30 06 05 E 100258FEET ALONG THE WEST BOUNDARY OF SAID 13506 ACRE TRACT TO THE POINT OFBEGINNINGCONTAINING13751ACRESOFLAND NOTE BEARINGS USED IN THtS DESCRIPTION ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATESYSTEMSOUTHCENTRALZONENAD8393 sos3sooss Exhibit E Page 6 Exhibit F Legal Description of the Willow Grove Property Tract 1 A J62ACRE TRACT OF LlTlt aUT OF A 677ACRI TRliCT OF LAPlL SITUATED rPl THE CITY OF SCFrERTZ OIIT OF THE J LFAL Sl1RYEY td079 ABSTRACT 4Z4 GCUNTY BLOCK 505A SEXAF2 COUPJTY TEXAS A5 COMIEYEO TO FRECi t7EELOAfEP1TLLC RECCRnEO u aLUn rra7 PnrLrsss arF1trAL Nuruc rLrarnscF sEXAR couITV TExAs Said property being depicted on the draft subdivision plat establishing Willow Grove Subdivision Unit 1 set forth on the following page Remainder ofpage intentionally left blank sos3sooss Exhibit F Page 1 il94 2Flti 6 6 p to t4 P a6 E p F61e4 64 li tcii F 3t d erj flil51 rpE p S int5ttYi6v Ss 4 yea 3 2aS n FEt i F p u o isFji fyl FF etpesf E Sag 1 e 4aESt2izF33SlS Fqx 16 gg g B 3i l y k 0 eigIIt pSp3YplFiS1 q eizsqX63 y8 i 3 Erel y itd r pd3f aA fp g3y z f zS iefte7 Pa t3 1 E tF I eZi Ig erzlr 1F6 Fec Sd f ES b 34it4 tali s SI a fis e s L 9 Y3F4tk 4Fi oYr3rtJle 5 FIA 1516 T I I L f i I I I IF 1 L 1 4 m4IJextItIt I If II ii4 tl I g s li I F I STS s 9 fY 1 1 t 1 la I Jtt il i J r 3 f 1 d 1 i 111 JIF Si Ftii v I l6 i 1 I 31t 2 1 mil kf3Ej cFr I kjFa i a4 1 ti6 6 a i ev 6 f I x3EijEilEil1ifyfl E ii6t 33j f e e F3ii ti CE ifS S EIj3 i Fe ri t a o1ti ri tli 16 t FYp ii3 3t i S Cf C FE alsaer3EE4za 9iobzti x cS 5if I i sl s F F a 65LIpaGr31csla R 2I ii 6F of I a IEE a eaq idfiy11I L Liyi5a A Se i Z fir mssIfIC 1 2 Ir a14 fir r i i 1 r a 11 1 1I 1 F k IF 1 1 1 I ti 1 ly tis sosssooss Exhibit F Page 2 Tract 2 A I ArR ftttf kNll Ur77 ilf APCAil TrArfir frDn1NG4 R4ralhaNG FOfiT1C4rrJr iiCiu1ACtFTl1lOtAfJU 11J4f1fIP7kEfYC SC4ERTZ CUT F 71 tE J EAL SUFVEY 1JCJ 7a ARFA7iZ1Ctl1tdYf3tQC1C5r75fiRFXvRCt7rVtY TlSE75 FU rCVVY TC1 EkbVltdG 4hltfJPitLV RECRC7 tU VCtlJAfE 75 r5 Pri E 3f7 CJCIiFU9thf7fS CliilSilHt AtrC7LiJlfItYASaid property being depicted on the draft subdivision plat establishing Willow Grove Estates Unit 1 set forth on the following page Remainder ofpage intentionally left blank sos3soos sExhibit FPage 3 l I Fa f i y i sF F Y ly f Pi fL i y Lls F ic r a S i L l k F rr F SYyrii i r L f i Ff iY lxt FFY j 2 F F4 7 S F tLyEdlLFieYzLrIesiEt i F r a r z V Lisi t ii a S z E L c L eLP a Y i g k c 3 F i E LPif ii Y i z i3 a L p L L f S p S1 c f3 5 EF f n 3iF Fi FF Y F 7 F 9f t F y f r fz YLr 1 t s c EetFPzyFFli1lfdjYSerrL3FLLaiSF e5 f drYl F P b rLFi Iti FiL F Y LF i r tY r r eF L tyi r t r Y i i i i F Fly Iy i 1 p I c I G xf o F L e L gg Y L t Y 4 3i F tt t I Frf is lLi yE S Z k i qY YY31 F Si sy i Y c39 x ff F F z F S ltiyy4i iPLe L F F i X13 s F I 7 1P4ffePt3kYYiite y r fL Ft d i IkL I BYSY IYd r 3 s T ro i Ea c Ys I FS FY 3 I r E 31 e F iaggjiFgLLYietPeyaft4Fo@f 4 FiL I I 1 Si t f Ai ti 39 9EiJ 1 4 iSs alI la L L Em I s jise o L L I yy it S IW i Fg ii f i G yI f i i 3 y yLYIYIYL d t isiisiUyryii6s L7 iiY a i is m j3 I r L Le a eS Y IfFIlILFFiISYLLa aL F o1 1 5 e tI LTj v G f 1 LIFii i v y 3o c a r S S t aI n V i cf1 f Fi V1 ecae L i y tf Y1YrfFytsg Y N lFYfF i Is F IF IY ESyqyLaF e F sos3sooss Exhibit F Page 4 Exhibit G Legal Description of the New Property Tract 1 sunvrrtu I1616NUTES CUR 16365ACRES A 76365 acre Iracl of Iflnd being all oC a 76365 aaehncl of Inulconreyed o Milton and Billie Pricsenhahn of record in Volume 8377 Page 967 of the Official Public Records of Rexnr Counl Texas and being out of the Julian iaz Suncy No 6G Abstract Nn 137 Connly Block SOS and the P Rodriguez Survey No S4 Abslmcl 609 County Block 5066 Besm County Texas situated pnliially iu the City of Schertz mld being nmre particularly described by metes and bounds ns Follows 1fROlNNING nl n found 12iron rod iu the southeast rightofwayline of Lmrer Scyin Rond and for the northeast corner of a 550acre hacl of land cmrvcycd m Liudn R Goodenough and Sadie L Phillips of record in Volume 5995 Pagc 216 of the ORicinl Public Records of Bexm Counq Texas and for the northerly northwest corner of the 76765 Here lincl mul the liacl described herein from a4lich n formI12 iron Ind fmthe nodhwcsl corner of the SSO amn ocl Ucros S 59 O6 SS V n distance of 52506 feel THCNCE 1ilhthe seulhcasl rightofwayline of Lower Seguin linnd and the uotlinresl line of the 76365 the following calls mld distances I N 59 0T 59 G n dislnnec of 30371 feet to n fomul I2ironrod for an mlgle point 2 N S9 0T 22 4 a distmlce of 171535 feel to Fl set 12 irml rod with Dluc 1laslicCapSlmnpcxlKPlVSuneyingforanmiheastcornmofilleOncldescribedherein 3 S 69 5S 2G L a distance of 6959 feel to a set Ill iron mrl with Rlue 1luslicCap SlampeIKCSuneyingforananglepoint 9 S 52 72 12 R n distance of 9935 feet onset 12iron and wilt Bluc Plastic Cap SlmupedIQ1VSurveyiugformanglepoint 5 S 40 05 45 fi a tlislance of 15735 feel to n set Ill iron raJ ailhRluc Plnslic CapSlnnpedKPVSurveyinbFmmlanglepoint G S 79 02 17 B n dislmlec of 2762R feel to n scl 12iron rod with Dlne Plastic Cnp Stumped KPW Surveying fm nn angle point 7 S q0 03 4S n rlistnncc of 10522 feel to n set I2 iron rod with Rlne Plastic CnpStampedKPVSurveyiugfmmlanglepoint S S 51 SG30 E n dislmmc of 11045 feel to n scl Ill irml and with Dlue Plastic Cnp Stamped KCN Surveying for nu angle point nud 9 S Gq SO OS L a disfnnce of 16189 feel to a scl I2 iron roJ with Rlue Plnslic Cap SmupcdICC1V Surveying for nu flngle point THENCE along and with the bank of the Cibolo Qnck the following ulls and distances I S 7q 5T 20 E n dislnnec of 12276 fcef to mr angle point 2 S GI 35 37 E a disfnnce of 10218 feel to flu angle point 3 S 32 q3 07 E n distance of 7955 feel to ml angle point 74603 Iluebnel Pd Olda 40 San Antonio Teros 76130 Phone 12101 9738449 Fax 2101 979f4141 vnnvkhvennineerscom sos3sooss Exhibit G Page 1 4 S 32 44 20 E a dislmlcc of 54A7 feel to ml mrgle point mid 5 S 07 2I02 E a distnnce of 7512feel to nn nngle point 1HIiNCL S 5I 34 3G W with Ihu north line of n 194101 ncre tract of land conveyed to Joe Frazier Ilrowu of leconl in Volnme SR13 Inge 450 of dle ORicinl Public Records of Bezar County Testis and with n south line of the 76345 acrc h1ct nt a disLmce of 5864 feel passing a found I2ilou rod set for relelenccrant continuing for a total dislmlee oC702255feet to n set I7iron rod fa the southeast cornerofnR132acrctractoflandconveyedtoKarenhlarshischwofrecordinvolume47041agc497ofthe Official Public 12ecords of l3esm Couuly Mesas and Ira the southwest cornet of the 74345 acre Irncl of Imld rant fhc hncldescribed herein firm which n found I2iron rod for the soullmesl comer of the Fischer 8137 acro hactbears S 59 3T 32 V a distance of 247OR feet THCNCli along and with the easterly lines of the Fischer 8172acrc hncland with the westerly lines of the 76365 aae tract the following calls and dislmrecs I N 30 I L I G V a distance of 58005 feel to n found I2irou rod an angle point 2 N 24 03 40 G a dislmlce of 7521 feel fn n found I2iron rod rw angle point and 3 N 30 24 37 W n distance of 18862 feet to n set Ik irou rod with flue IInslicCepStampedKFNrSurveyingfmthesouthwestcorucrofn550acrctractoflaudconveyedto liudaR Goodenough and Sndic L Phillips of record in Volume 5995 Page 214 of theOllieinlPublicRecordsofResetCountyTestismldforawesterlynorthwestcorucrofthe74345acrenaclandthetrocldescribedherein 1IIINCI N 59 48 43 G with Ihu south line oFthc 550 ncre tract nud a naih line of a 76345 ncre Tract a distmlce of 52543 feel to a frnuul I2iron rod for the southeast contra of the 550 ncre noel nud an inleriw corner of the 7345 acreIracl and the tract descl iberl herein fH4NCE N 3U 25 07 W with the cost lino of Ilse 550 acrc hncland n westerly line of dw 74365 8ele 1reCl a IIISIBIICC Of 45912 feel to the 1OLVIOIL 13CGINNING and containing 7GJ65 naes or 337645sgnure leel more or less in the City of Scholz Bestir County Testis and being described in accolxlanco with n survey prepared by KFW Sunreying lob No 12II I Po epmedby KFW Snrveying Date Seplmnbcr O5 2012 File SUran2012I2IIILower Seguin7637ncresdoc 1 14603 Huebner Rd 0148 40 San Antonio Texas 78230 Phone 714 9796444 a Faz 7709798441 vrvniYhvenpineerscom sos3sooss Exhibit G Page 2 Tract 2 FIIsLlNOTLS FOR swaerlnc 825061C121i5 A 52506 acre Irncl of land being all of n 70R2d acreIrncl of Innd calledfract 11 and all of a 1 LGSO ncrcIraq of hmd called Tmcl 1 conveyed to Drnwie I mul Cindy A Fischer of record in Volume 13622 Page 2403 of the Official Public 12ecortls of Hexer Cowry Texas and bcing out of Ilse Julian Diaz Survey No GG Abslmcl Nn 187 Canny HIocA 5059 Rexnr Connh Texas silualeA pflrlially in the Cily of Schcltz mtA bcing mom particularly described by metes and bounds as folloes 1H41NNINC al n Cmnul 1 iron pipe in the norlhwesl rightofoayline of LoecrSeguin Rood and for the southeast corner of a 13506 acre Imcl of IanA conveyed to h0ihonFrieseuhnhn of record in olunm 7423 Pagc 621 of IOe OTcialPublic Recorels of Ucxar County texas and for the soullnresl corner of 1Yacl II 70524 floe lracQ muI For the sonlhwesl comer of the hacl AescribeA heroin 1HLNCFN 30 06 S0 W with the vesl line of Tract II 70524 noes and with nu cast line of the 13506 acre Imcl of Imrd n distance of 14937R feel to n found I I2iron pipe far nn interior corner of the 135116 ncrc Iraq and the nodhwesl corner of 7tncl 1170524 acre Iraq and the Iraq Icscribed herein T1IGNCC N S9 12 4G E vilh a smith line of dre I35OG Here trace mnl Ilre north line of Tract II 70524 awes n Aisfmlce of I SG415 eel to a Fmuul I iron pipe for n untlberly smAlrcasl corner of the 135UG ncrc Iraq and a sonlhwesl corner of a 1277aclc bacl of land cnnveyeItoDebose Baummm of record in Volunw 2059 Pnge 345 of the Decd Records of 6exar Counq Texas and an mrgle point in the Imcl Described herein THCNCG N 59 12 43 E vilh a south liar of the 1277flan Irwl mul the nnrlh line of Truc1 II 70820 acres a distance of 21733 Feet Io a found 12 iron rod pipe with 131S 2024 enp linthenorlhcasl corner of 3raclIl 70S2d acres and the uaihresl corner of Tract I ILGSD acres and the mr angle point in the nodh line of the Imcl describeA hmcin T1IlNCG N 59 21 0G C continuing oilha sow6 line of the 1277acre Oacl and with the north line of InlclI II b50 acres a distance of 33SS0 feel la n found 12irar rod for Ow norlhvcst cover of n I LG51 ncrc Iraq ul Iturrl convcycA to h4ihml and Hillio Pricxuhahn of record iu Volume SOSR Pnge IS2 of the OtTicinl Public Recads of Hexm County Texas and fur the nonhmsl corner nf1mmIILGSO aavs mtd the Irncl describeA herein from vhich a Imnxl12iron rod 1or Ilre norlhcasl corucr of the I LG51 acre Imcl 6enrs N 59 I8 19 E a dislnnce of 33423 feel IHFNCfS 2S 00 U2 H viih the vcsl line of the I LG51 ncrc Irncl nod the cast lint of Tract I 11660 acres a dislmtce of Id99dI feel to n found I2iron rat in the north rightofteayline of Lower Seguin Road nnA for the sonlhwesl corner of the 11651 ncrc Iraq anA the southeast corner offracl II ILGSD aces and Iho heel describeA herein from which n founA I2iron roA for the southeast comer of the I1G51 floc Iraq bears N 59 OG 41 E n rlistmrcc of 74173 Iccl TTIGNCC 11ilh the umih rightofvaylice of Lower Seguin Road and the south line of11nc1 I 1 I bS0 acres nnA IYncl II 70824 netts the Follovingcells mrd distances I S 59 l9 22 V n Alsfnnee of 33JS3feel to n found I iron pipe for Ilre sonlhwesl comer of Iraq1IL30ncros onrl the saahensl corner of Tract II 70524ncros mvl 2 S 59 21 32 1 a dislnnce of 204255 feet to the YOIN1OF 1313CINNINC and conlnlning 62506 acres or 3593961square feel more or Icss iu the City of Scheriz Hexaf Cmntly Texas mtA bcing AescribeA in nccordmuc vilh a survey prepmcd by KF Suncying I Jnb NO 12III frrrPreparedbyKIIVSurveyingr Pule Augusl292012 II Ir Ij Filc S1Ornw20121121I I Lower Scguin1S250G ncrosdnc r j U IititS tJll a L a 14603 Huebner Rd Oldo 40 Snit Mlonlo Texas 78230 Phone 210 9798444 Fax 12101 sos3sooss Exhibit G Page 3 Tract 3 tuuwrlrer PIELU NOTFS IrOIt 11615 ACRRS An I LG IS acre Unclof laud being all of a I LG51 acre tract of load cawcyed 1o Millmt and Dillie FriesenhahnofrecordinVolume5058PngeIS2oftheOfficialPublicRecordsofResmCnnnlyTexasandbeingoutoftheJulianDiscSuncyNo6GAbstractNn187CountyBlock5059exarCeunlyfexassilualalpnrllxllyintheCilyeSchcrizandbeingmmcparticularlydcsGibcdbymeleeandhoondsnsIhllo5 BEGINNING al a IowulI2iron rad in the northwest rightofvryline of Lmvcr Seguin Road and for thesoulhenslcornerofnofa11680acreIraqoflandealledIrnclIconveyedIoUonnieKmldCiudyAYischerpfrecordinVohnue13622Pnge2403oTtheOficialPublicRecordsofBexarCountTexasmtdthesmnhxeslcornerolIheILG51acretractmidtheIrncldescribedherein 1H1iNCEN 2S 40 02 W with the east Ihm of Tract 1 1 LGSO acres mtd vilh the cast lice of the 11651acreIranofImtdndistanceof149901feettoafound1f2irontadinnsouthlineoa1277neretractoflandconveyedtoDebaseBmunnnnofrecordiuVoluuw7059Page945oftheDecdItccordsofRecurCountyIexnsforthenodheaslcomerofTmclIILGSOnereandtheuotihweslcornerofthe11651tooltheIraqdescribedherein LHENCEN 59 I S 19 E Ivilh a south line of the 1277 Hero Ime1 n disLurce of 33423 feel to n found 12ironrodinaveslJinnofn278acreImcloflandconveyedtoLarqVBmnnnuuc1uxofrecordinVolumeI1104pageIIoftheOficialPublicRecordsofBcvmCouulytexasandforthenoiihcaslcomerofthe1LG51acreImclandthetractdescribedherein 1LENCE S 2S 56 14 E whh Ihn east line of the 11651 nere tract and n nest line of the 275 acre Imcf ndistanceof149807feeltonfoundI2ironrvdintheuorlhrightofvnyliucofLovcrSeguinRondandmUtesouthwestcomerofthe275acrehmclandthesmuheaslcomerofthe11651acreImclmtdthetractdescribedherein THENCE S 59 OG 4I W with the nmih righbolvay line of Lower Seguin RoaA and the south line of theIL651neretractadistanceo34133feelIothePOINTOFBEGINNINGnnrlcontainingILGISacresor505949squarefeelmommIcesintheCilyofScherizBesnrComdyTexasandbeingdescribediuneconlnucceilhnsurcYpreparedbyKFNrSurveying Job No 12II I Yrepued by 1PlSorveyiny De1C Angus120 7012 File S1Umw 2 0 1 21121I I Lower SegnlnI1615ncresdnc 14Ii03 Huebner Rtl Bltlo 40 Sen Mlonio Texas 70230 Phona 2101 970fl444 o Fax 12101 9788441 wvrveklmenolneersmm sos3sooss ExhiUit G Page 4 Exhibit H Form of Assignment attached on the following 17 pages J sos3sooss Exhibit H Page 1 After Recording Please Return To Attention STATE OF TEXAS COUNTY OF BEXAR PARTIAL ASSIGNMENT OF RIGHT OF FIRST REFUSAL This Partial Assignment of Right of First Refusal Assignment is entered into as of the day of 201 by and between Croton Properties LLC a Texas limited liability company Assignor and a Assignee WHEREAS Assignor and the SchertzCiboloUniversal City Independent School District a political subdivision of the State of Texas the District entered into an Agreement dated as of September 19 2008 the CrotonDistrict Agreement regarding the construction of certain sewer facilities the Sewer Facilities WHEREAS the City of Schertz Texas a Texas municipal corporation the C and the District entered into an Interlocal Agreement Between SchertzCiboloUniversal City Independent School District and the City of Schertz dated as of November 4 2008 regarding the Sewer Facilities the Interlocal Agreement WHEREAS the City the District Assignor Fred Development LLC a Texas limited liability company Fred Development and Cygnet Limited a Texas limited partnership entered into an Agreement Regarding Sewer Facilities dated as of September 2011 and recorded October 6 2011 as Document Number 20110178945 in the Official Public Records of Bexar County Texas the Sewer Agreement which Sewer Agreement amended certain terms of the CrotonDistrict Agreement and the Interlocal Agreement WHEREAS the City the District Assignor Fred Development and Gordon V Haztman Enterprises LP a Texas limited partnership entered into a Second Agreement Regarding Sewer Facilities dated as of March 13 2012 and recorded March 26 2012 as Document Number 20120055028 in the Official Public Records of Bexar County Texas the Second Sewer Agreement which Second Sewer Agreement amended certain terms of the CrotonDistrict Agreement the Interlocal Agreement and the Sewer Agreement WHEREAS the City the District Assignor and Fred Development entered into a Third Agreement Regarding Sewer Facilities dated as of 2012 and recorded 2012 as Document Number in the Official Public Records of Bexar County Texas the Third Sewer Aereement which Third Sewer sosssooss Exhibit H Page 2 Agreement amended certain terms of the CrotonDistrict Agreement the Interlocal Agreement the Sewet Agreement and the Second Sewet Agreement WHEREAS the CrotonDistrict Agreement the Interlocal Agreement the Sewer Agreement the Second Sewer Agreement and the Third Sewer Agreement are collectively referred to herein as the Agreements WHEREAS the Third Sewer Agreement authorized a transfer of a portion of the Retained Croton Property ROFR as defined in the Third Sewer Agreement to the New Property as defined in the Third Sewer Agreement and as set forth on Exhibit A attached hereto and incorporated herein for all purposes without the need to obtain any additional consent from the City the District or Fred Development WHEREAS Assignor is the fee simple owner of the Retained Croton Property WHEREAS Assignee is the fee simple owner of the New Property WHEREAS Assignor desires to transfer a portion of the Retained Croton Property ROFR from the Retained Croton Property as defined in the Third Sewer Agreement and as set forth on Exhibit B attached hereto and incorporated herein for all purposes to the New Property and Assignee desires that such portion of the Retained Croton Property ROFR be assigned to the New Property NOW THEREFORE for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged the parties hereto agree as follows 1 Recitals and Exhibits The Recitals and Exhibits to this Assignment are incorporated herein by reference as matters of contract as if set forth fully herein 2 Transfer of Right of First Refusal Assignor hereby transfers and assigns a right of first refusal to equivalent dwelling units of capacity in the Sewer Facilities from the Retained Croton Property to the New Property such right of first refusal being hansfettedand assigned is referred to herein as the New Property ROFR 3 Runs with the Land The New Property ROFR shall tun with title to the New Property and shall not be transferable to any other property without the prior written consent of a the City b the District and c the owners of record title to the New Property 4 Subject to the Agreements The New Property ROFR shall be subject to and governed by the terms of the Agreements including but not limited to the provisions regarding the payment of SFR Fees as defined in the Third Sewer Agreement Managements Fees as defined in the Third Sewer Agreement and impact fees 5 Counterparts This Assignment may be signed in one or more counterparts and all such counterparts shall be treated as one agreement 6 Effective Date This Assignment shall be effective once the fully executed and acknowledged Assignment has been recorded in the real property records of Bexar County and sos3sooss Exhibit H Page 3 once a recorded copy of the Assignment has been delivered to the City the District and Fred Development in accordance with the notice provisions of the Third Sewer Agreement Exhibits The following exhibits are attached to this Assignment Exhibit A Legal Description of the New Property Exhibit B Legal Description of the Retained Croton Property Signatures and acknowledgments on the following pages sosssooss Exhibit H Page 4 SIGNATURE PAGE TO PARTIAL ASSIGNMENT OF RIGHT OF FIRST REFUSAL IN WITNESS WHEREOF the undersigned has entered into this Partial Assignment of Right of First Refusal as of the date of the acknowledgement ASSIGNOR CROTON PROPERTIES LLC aTexas limited liability company By Todd Burek its Managing Member STATE OF TEXAS COUNTY OF BEXAR This instrument was acknowledged before me on the day of 2012 by Todd Bmek the Managing Member of Croton Properties LLC a Texas limited liability company on behalf of said limited liability company SEAL Notary Public in and for the State of Texas Printed Name of Notary My Commission Expires sos3sooss Exhibit H Page 5 SIGNATURE PAGE TO PARTIAL ASSIGNMENT OF RIGHT OF FIRST REFUSAL IN WITNESS WHEREOF the undersigned has entered into this Partial Assignment of Right of First Refusal as of the date of the acknowledgement ASSIGNEE a By Name Title STATE OF COUNTY OF This inshument was acknowledged before me on the day of the a SEAL 2012 by of on behalf of said Notary Public in and for the State of Printed Name of Notary My Commission Expires sos3sooss Exhibit H Page 6 Exhibit A to the Partial Assignment of Right of First Refusal Legal Description of the New Property Set forth on the attachedfour pages J sos3sooss Exhibit H Page 7 Tract 1 i suurrrmc IfELINOTES CUR 76365 ACRES A 76765 acre Iraq of land being all of r 76765 acre bncl of lanIconveyed to Millou rani llilliePricscnhnhnofreconlinVohune8377Pngc487oftheORcialPublicRecordsofBexnrCmmlyTexas and being onl of the Julian Dixz Survey No 66 Abslracl Nn 187 County Block 5059 and the FRodriguezSurveyNo84AbslraelGU9CaurlyBlock506r13esnrCaunlyTestissihinledpnrtiollyin the Ciq of Schertz and being more padiculal9y lescrihed by melcs and bamOs as follmvs BEGINNING nl n fnunIIll iron rod iu the sonlheast rightofwnyline of Laver Seguin Road mrd fatheunrtheaslcornerofI550acrehnclofImdconteyeIInLindaRGoodenoughandSadieLPhillipsofrecorclinVolume5995Iugv216oftheOBicialPublicRecordsofDesnrCanulTestisandforfhc naihorly narlhwcsl comer of the 76765 Here Imcl alIthe hacldescribed herein from which Fl found IY2 IfUll InI f01 1110 IIaAhC51 ttAlllfOfIlse 550flCIC IInCI hears S 9p6 SVn dislnuce of 52506 feel THENCE Vith the soulhcasl rigidnfwayline of Lmrer Seguin Bond and Ole nmthrvesl line of the7636thefollowingcallsanddislanccs 1 N S9 0 S9 G s distmcc of 30771 feet In a farad I2iron rvd for ml angle point 2 N 59 0T 22 L n distance of 171875 fee In fl set I2iron rod aih Bluc 1laslicCapStaupalKPVSurveyingforanmihcaslcornerofthetractdcsaihedheroin 7 S G9 58 2G G a distance of 6959 fee to a set 12irou rod with Rlne 1InslicCap SlanglcIIPSurveyingformlanglepoint 4 S 52 32 12 P adislnnce of 9435 feel to n sef I2irou rod with Blua Plastic Cap StampedIPV8unroyingfarmmrglepaint 5 S 40 115 45 L n distance of 15735 feel to n set I2imn rod nithSlue Plnslic CapSlumpedKPWSurveyingformrnnglepninl 6 S 39 02 I7 P a distmlec of 27628 feel to a scl I2 irou roIwith Rlue Plnslic CnpStampedKPirSurveyingfornnmglepoint 7 S 40 03 48 E n dislnnce of 10522 feel to n set 12 iron rod lvilh Olue Plnslic CnpSlampedRPSuneyingfornnnnglcpoint 3 S 51 5630 F n dislnuce of 11045 feel In o scl Ill irou rod with 131ue Plastic Cnp StompedKP1VSurrcyingformnnglepointoud 9 S 64 50 OS li n dislmree of 16189 feel to n scl I2 iron rod wish Ohle Plnslic CapSlnugredIIVSureoyingfamanglepoint THENCE nlong and with Olc bank of the Cibnlo Creek the follooiug calls and dislmxes 7 S 74 5T 20 B n dislnnce of 12276 feet to nn angle point 2 S 135 37 H n dislnnce of 10218 feel to an angle point 3 S 32 43 01 E n dislonce of 7955 feel to mr angle pninl 14603 Iluehner Ha Blda 40 San nnlonlo Texas 78230 Vhone 12101 U7144aFax 12101 0708441 vnxv kwenninenrscomsos3soos sExhibit HPage 8 d S 32 44 20 E a distance of 5417 feel to mr angle point mid 5 S 07 24 02 E a dislance of 7502 feel In nn angle poiul THIsNCF S 59 34 36 N with tho norh line of a 194101 Here tract of land couvcycd o toe Frazier Brown of rccvnl in Volume 5817 Iagc 450 of the Official Public Rccods of Bcsar Couuty texas mul with a south lice of the 76365 acre tract al n dislance of 5864 feel passing n found I2iron and set Im reference and continuing for a total dislmlec of 302255 feet to n set I2iron roIfor the southeast cornet of a 8132Here tract of Imul cvmeycItoICarcn bfarx hischer of retard iu volume 4704 Page 497 of the Official Public Recorcls of Hexar County Texas and for Ore southwest comer of the 6765 acre Iraq of land mul the tract described herein from which a Immd I2iron rod for the soutlnccsl corner of he Fischer 8132 Hero tract bears S 59 37 37 H adislance of 24703 feet PHENCI along and with the easterly lines of Ore Fischer 8132acre hmet mxl with Ilre weslcrly lines of the 76365 acre Iraq the follwring calls and lislmrecs I N 30 I6 I6 V a dislance of 58005 feel to n found I2iron rod nn angle point 2 N 74 OJ 40 C a distmtce of 7521 feel to n fmuul I2irou rvd nu rwglc point and 3 N 0 24 32 1V n listnuce of 18862 feel to n scl 12 irou rod with Dlne Plastic Cnp Stamped 19 W Surveying For the southwest corner of n 550acre Uact of land convoyed Io Linda R Goodenough nod Sadie L Phillips of rxcorIin Volume 5995 Page 216 of Ore Oflicinl Public Recmxls of 13exm Couuly Tcsns nod for n weslcrly norlhxvesl cooler of the 76365 acrehacl and the hacl described herein 1IICNCGN 59 48 43 li with Ilre srnilh line of the 550 acre hate and a north line of a 7665 ncrc hacl a lislance of 525A3 Ibet to n IbunII2iron roIfor Iltc soulheasl corner of the 550 ncrc tract nuI an interior corner of the 76365 Here Imet and the tract described herein 9HliNCI N 3I25 07 W with the ens line of the 550 acre tract and n westerly line of the 76365 acre Iraq a distance of 45912 feet to the POINT OP 13liG1NNING and containing 76765 acres w 3326459square feel more or less in the City of Schcrtz Hcxm County Texas mrd being described in accmxlance ailb o surve prepared by KFV Surveying Job No 12II I Prepared by KPW Surveying Dntc Seplcnrbcr 05 2012 Pile SDrae 2012I2I1ILmvcr Seguin7677ncresdoc 14603 Huebner Rd 01Ig 40 San Antonio Texas 8230 Phone 210 9798944 fax 210 97947 vrvNakhvenflineerswm sos3sooss Exhibit H Page 9 Tract 2 V RIRLU NO115 IOIj SllltG1IC 82506 ACRIS A S2SOG acre Iraq of InuA being all of n 70824 acm Irncl of land called1raclI I find all of a 11630 acre pactoflandcnlletlTrace1conveyedInDmmieKroueCindyAFischerofrecordiuVolumm13622Pnge2403oftheOOicialPublicRecordsofpcxnrComelyIcxnsroueBeingoutoftheJulianDiazSurveyNoGGAbstractNo137Countyplock5059pexnrCmutlyTexnssiumledpnrlinllyintheCityofSchctlzmtdBeingmmepaNiculnrlydescribedBynelesandBuundsasfollows 111iG1NNINC al n found I irou pipe in the norlhwesl rigluofway line of Lower Seguin Road noel for thesoulhenslcanterofn13506acreImclofIntlrnnveycdtot4ihnnFriesenhnlutofrecordinYolunw74231ngc621oftheOp7cinlPublicKecorclsofpcxarCrannytexasnutforthesoulhweslcomerofTraceti70824 ncre tract mtd for the soullnvesl corner oIhc Imct described herein fHENCIs N 70 O6 50 1V vilh the west line ofTrncl II 70824 noes and wish au cast line of the 13506 ncre trace of Innd a distance of 149773 feel to n fantd I I l2 iron pipe for rat interior cnrucr of the 13sOG nac Iraq mld the northwest tooteroffrncl 1170824 acre trace auJ the tract described herein TIfENCE N 59 12 46 G with a smtlh lint of the 13506 ncre Irncl and the north lint of Tract II 70524acresndislnnceof186415feeltonfound1ironpipefornnalherlysanlhtnslcomerofthe135AGacre pace and n soulhwesl tooter of a 1277acrt pace of land cnuveedto Depose pnuntann of record in Volume2059Pnge345oftheUeedRecordsofpexnrConalytexasandauanglepointintheIraqdescribedherein Tt1ENCE N 59 12 43 p with a south line of the 1277aac Iraq and the nodh line of Trnc1 II 70324acresndistnneeof21733feeltonfoundIllironredpipewith13L52024enpInthenorlhcnslcomerof T7acl II 70824 acres and the nmlhwesl corner of Trace 1 I LGRO acres noel the an angle point in the north lino of the pace described heroin 171ENCE N 59 21 9G G eonliuuing tvilh n south line of the 1277acre Iraq noel tvilh the north Tine ofIraqII1660acresadislmtceof33650freetoafound12ironrodfortheam4hwestcornerofnILG51 ncre lracl of land convcynl to rl9ihon end pillic Pricsenhahu of record in Volume 5056 Page IS2 of theOfficialPohlicItecnulsofBexnCountyTexnsnoelforthenortheastcornerofTraceIILG60acresurdthe qncldescribed herein from ehich a found I l2 irou roJ for Ilte northeast cnrucr of the I LG51 rare Imcl bears N 59 16 19 Ln dislnnce of33423 fecF T14ENCE S 2S 40 U2 E uilhthe west line ofthe I LG51 ncre Uacl and the call Ihm of Tiacl I ILGROnoesadislmlceof119941feeltoatonneIllironrodinthenarlhrigh4olwaylineofLowerSeguinRondandfaWesoulhweslcorueroftheILG51HereIraelandthesoutheastcomeroffrnclII1IGSOacresantethetrncldescribedhereinGvmwhichnfoundI2ironrodforthesoutheastcorneroftheILG51acretraceBears N 59 OG 41 C n dislaucc of 34133 feet TIiENCE 11ilh the north rightofwnline of Lower Seguin Rond and the south line offract I II GRO acresnoelfrnclII70824acresthetollmvingcallsmtddistances L S 59 19 22 N n dislnnce of 3387 feel to n found 1 iron pipe for the soulhwesl corner of IraqI ILGSO acres and the suulhenst corner ofTmcl II 70824acres nut 2 S 59 21 32 N r dislnnce of 204255 feel to the POINT OR 11ACINNING and conlnining82506acresor7593961squareleermmcorIcssintheCiqofScherizDexCountTexasmtdBeingdescribedinnecordmtcewithnsuneypreparedByKFVSurveying loB No 12111 r 1rtpnredBy KI1V Sunveying I 4 i s jOnlcAugas1292012115FileS1Urmv2012112111LotverRc6niu18250GneresJacrIfltilt1ti1 t 14603 Huebner RU Bldn 40 San Amenlo Texas 70230 Phone 2101 0700444 Fax 210 sos3sooss Exhibit H Page 10 Tract 3 t suuverlvc PIPLD NOTES roil uls ncnrs An I L615 Here Irnct of lmtd being all ofa I LG51 ncre Irml of lond conveyed to Ivlillon and IillieFriesenhalwofrecordinVolume5056PngeIS2oftheOfYlcinlPublicReconlsofiexmCmutlTexasandbeingoutoftheJulimtDiozSurveyNo6GAbslrnclNoI67County131ock505913exarCounlyfexassituatedpartiallyiutheOilyofSchcdznudbeingmmepnrlieulnrlydescribedbymetesandboundsnsfollows ISLGINNING nl a fowW I2Iron rod in We nonlnvev fightofvaytrue of Laver Seguin Road and for 0te smuheast comer of nof a 11630 ncre Imcl of Innd cnllcd1rnclIconvcycd In Donnie K mid Cindy A FischerofrecordinVolunmUG22Pngc2403oftheOllicinlPublicRccnrdsofBcsnrCounyTexnsandfhc soullnvesl corucr olllteI LSI ncre Oncl mrd the Irnel descrihcd herein CHtiNCLr N 7S 4G 02 V with the cost Ihtc of Tmcl I I1680 noes and with fhc cost line of the 11651 ncre Tract of Innd n dislmice of 1497 41 feel to a found ILirou rat in a south line ofa 127 ncre Irncl of land convcycd to Delrose F3nnmmnof record In Volnuto 1059 Page 345 of the Deed Records of i3exn CountTexasForthenortheastcornerofTract1ILG60acreandtheuotlhaestcornerofOteILG51andthetractdescribedhcrciu TIiGNCiN 59 I S 19 E wish a south line of the 1277 acre uncl a dislmrcc of 33423 feel to n found 112ironrodinawestlineofa278ncretrnclofInndconveyedtoLairWEnummwc1nxofreconlinVolume11104pageIIoftheOnicinlPublicReconlsofBexmCountyTexascurlfarthenortheastcomerofIbcILGIacreIraqmultheIrncldeserihdherein 17IGNC S 2S SG 14 E wilb the cost line of the 11651 ncre Irncl and n weslline of the 278acre Irocl n dismncc of 149602 feel to a found 12irou rod in the north rightofvnyline of Lovcr Seguin RoaJ mdfmthesmnhweslcornerofthe276acrehaclandthesoullleaslcomerofbeILOSTncrehnctandtheImcldescrihcdherein 1HGNCIS50 OG 41 Y with Ilw north rightolway line of Lowm Seguin RonA and file sonlh true of the I LG51 Here finel a distance of 34133 feel to the 1OINPDC I3GINNINC and conmining I LG1S acres ar OS949 squnrc feel nmie or Icss bt the Cily of Scheriz Eexar County Texas and being dcscriheA in necnrdnnce wish n surecy prepared by KPNr Surveying Job fo 12II I Prepared by KPISSurvcying Dare Augnsl 29 1011 File 51Umw2012I2IIILower Se6uluIL615 acresduc 14603 Huebner Rtl Rldo 40 San Mlonio Texas 76230 Phone 1210 070R444 Fan f2101 9796441 unvakfwenaineerscom sos3sooss Exhibit H Page I 1 Exhibit fB to the Partial Assignment of Right of First Refusal Leeal Description of the Retained Croton ProRerty Set forth on the attached six pages sos3sooss Exhibit H Page 12 Tract One April 2007 lEl1Jf1 139403 ages ofiand uioxe uiesebeing cotpprlseil afnpprvxidately 7S69U acres out of Eire M31es 8cntlezt5ufvey ia93 Albsttact bi Cawnty lnek Sp a coxirrtately 5x929 acres ootoftttefialian0az tirV0lr TsTp bfi Ahstrteet 787 Catnty lilaekSil5and appraximaeiy 6284 acres out of tbilNillam13rackenIttvty NtY 74 Abstract 43 Cttinty 131oe1k 8456 Scxar County Ttxtis and alsabelAg aPpreItgatcly 244acresautof a 112G1 acre tryst described in volume 3013 Page 941 tfnd appruxnalilyi 10407acres vp4ala i 136xtscratxdrscriiedin Yoluma3t19Page42ottltepear111esotda afl3ettat EotuttyCaXas and berig tnoreprtleuiariy dtscihed as follatv9 ECINWINC at nalconptpe fbnddlutfig ts7Btingnorthwest 12q1Y1noPfAtiver Seguin Road for tttc most ea8cttly carver ithi trnet grid tits enact tatatertli tbrhti of the above xcf6reaced 17553earetrur acid po3ntstr 6oiagttzcuiostaoy cotnet4fa13U6acre tracedcleribed in Yvlutnr74281agcCfll of tfte Rnaf Yrvpcrty ktecords of RexarCounty Texas T1NGE S 600337W57148feet alaag tald nonhwecttdWilne to a8 iroa roe found for an angle poigt of ehls tracE TI1NCN 853123i11 1E8278leetpicsngtheexlstiag north RA 1lneof loworSeguitr Rand to an ironradfound fata aareidr df th7m trpCt 7111SNC N 132134 1Y 3383 icctalantfu aoanniAes with a 1227 acct traCC elesarbcd in Yolurue I461age1833 tifthddtealPr4pt6tty 12esorda afScxarCounty Texas town Aran rod found far a coinerathi9 tract tt5d the ntsist iattfieastidly tavtucx df saId 1227 acre tract THENGt S 704825W I7164 feet aiottg tbeaommaq line with said Y227 acretrart fa a Rit nail round iq a post fora corner of tiffs tract and the most norAtvYesteKiy carnet of stlid1227 acre acct THENCE N Z95153 w 7v42U feet clang the cemoa tint with an 1130D acre tract surveyed the 1Ai1tfxy of AuRtta 2006 to aq iron7od fottttdinittccornntoriinewith a3874 core trace described iu Volume 13irsge lb3 Qfthe Saa1tbpQity Raids oerCauary Texas TFIENC13 Sd35122 7A832ot along the commonliae wtih sakS 3574 sere uaai to an iron rod Youpd for a corner ofthis traetaud tism9st edscrly caritnt 4fsaid 3587A acre tenet 3HENtE N 300100W 161898feet along the common 1ne with Said 95ti7R acre tract to an iron rod found in tte cQtntnn1Gu with s 29980 acre tract descnbad in 7oiurne 5206 Page 582 of the Acct PYOpeYty lttcords a exar County Texas for ce most westerly corner of this tract and the mast northacly earner of acid 35874 aar4rtt3at THtNCE t4 602L9ti3 188094 feet along the ernruoon line with sal1 29980acre tractand a 15255 ntre tree t dasetibcd is Voittmr 8604 Page 176oft7tsReal FrtpertyAtcords of 18cxar County Texas to an Iron tad lbuntfor sormr otthlstr3ct sosssooss Exhibit H Page 13 Page 2134903acres THNCk5 299SQS 3200 latij7PAg4he corrimeu with Ei t448acre trapf desprlbed iil Vntnmc 6tS2l Page 338 of the tcal Prrsty RccottlsoP Baiter bounnttyy Texas to arriraa rod found for an interior comer of this tract artd lc most sourhriy coYner of said 144t here iractF TH5NCli N SO424S5 Z d4W feet along tare coixsmon Fine rvlth said id49 acre trae to an ison N7Pe found fat rha moat nprtheriy aadser of thin trACi aird tbierrFppL noxrherly orn8r of said 7 3563acrd uacc 7kNC6S 30136E 13750fetrlpathesotrirlwttle4cF7Fne with ah3i1735UGacpe tract roan iron rod found n same for an ange poitof this tact THT3CE S 295256 8 78p37fF feeri cnntirruirrg along the corruxroa farex 3na with said 13506 sere tract ro rho PtIP7 OP ATN7N4and coataiiiin 1399D3 acres of land aroro or less Nate plat siso prepaead ta daj 1 Ara J oglstored Ptofesaip XardSiutxeyor lvn 2034 3N02157A2 sosssooss Exhibit H Page 14 Tract Two 1A iYt1atS4i Bags 3 4ttt167 pregl 7vlatCh 2 27 At140067 ac3trs Pflaad riiard ar less out tlio Iyllles 3 Sslkgait Survby No 75 Aiisaract 61 County Aloclr05713axarCoun Togas and a1SO bEtng nQmprteed ofapoLna339641 BCres aIlL of a 1161 flare trnct dastxibedin valture 3D13xge 34Q8nz Goupty Testes sod appraxttately OiOaarabpg of Trainer lgits lioad tbantiosttx7asreferenced in Ytsltlme 8423 Page 852 of tla Deed Recazds of exar Cauttty Taxas cad being mare particularly described as follows BEG1INiNt3 at as iron lad f6nprint theiptttrseetlopof this ttisttngualvVest ROW1lnepf rtwer isitt lltted artd tCcenterline of raincr Male Rosd ALandonet1for the mostaoixtLerly corset of thls ttaat said puintheing5StfY2 W x45feet float she roost southerly cornor of the above reforapcesl 11211 aCics user TIiFNCE ll300144 VJ 78526 feet along said centerline to 1111 itntt rod found at the interstlon witL the existing norlLeast 1tWlitre afp M Highway 1316fvrshe beglntiing of a curve to the 1ett T1ik3NCEC in anprthwesitlydtrecttanalongaidaorthGas ItAVU line 4f F M Highway I516 with a Cttrve booing a ctpttal ataglerof 3SS6 aradfus of29tlif1 feet a tangent distance of A391 felt an axe lengt of llfr8 feet and a cLvrd lteariog and dtataucs of N 25I3tY2 ylt Ad11 feet to a broken cotcree 2OVP autrker found for tTte encl oftltls ctuvc TFIENGE N 30tlppilf itsf F1rg 75984114 feet allug sgiS tumtheast ItCriY Iine to an iron rod fttutditi same foe rite beginning of a curve to the right THitdCE along the ctixlmion Iiru vflth a 13674 acre trCC llesariikiti In Volume 12636 Page I63 oftttn lftea Property lteanrrls 9exafConniy Texas is a tearGeisterly dirtsction elvpg aad curve having a central angel of 942141 a radius of 2300 feet a tangent dlstattce of 2516 feet an arc lepgtL of 3943 feet sad asLord bearing sad distance of NLS0959 3541 feet tri art iron rod found is setae for d ttu1of tins curve THENCE N 02047A 7Q24teoi slung the corrunonIiae wth Said 95874 acre tract attd being 60403eetfromand garaile w rite nvrtliwest tine of said 112G1 sots tract to an iron aud found for tLe begiunin ofa curve to the night THENCE aloagYLe cnrttmatz line with said 35574 acre tract iaa Soutlitasterlrdirection along said curve Laving atenual angle ofEA38 I3 nradiue of2S40 fit a tangent distauco of2484 feet tilt ars lengtL of 39 kl feet and a chord bearing akd distaacs 6f 54SDa Fs 3524 feet to an Iron rod found far the and of this curve THIrNCE 3QOIl0 13898Ifeet along the common line witL ssicl 35874 acre tract to an ironrod feund for tLe mast soytiterly comer of said 35874ncretact and the moat westeeiycottter of nn 11SOO sera tract deacritied in Yoluna1265 Pogo 1b9 of the Real Property Recozdsl3exar County Texas sosssooss Exhibit H Page 15 Lago 14nD67 pia IiICS2918i18 E 5115 feel along tho coutman tins with said 11500 ecru tract to an iron rod found 1a the existing ncrlh Lt0W1ine6fLowcr Seguta Read for lLe mast easterly cgroo of this lypdt air tho uwst aossettccly caratcr ofsald 1ISOit pert triset THNCB N 85123 W 13417 feetalnng theoh 43W tinetasniron rod found fpraa af1e palm of ibis traLt and the cQrtullnn corner of said 11261 acza traet atd said 11563 acre treat tBte DINT O Gi1TfIttTE and contiaiug dD06T acre of land 1 moc olrss seuid Road Nate Plat Suxseyur Np A7A SAVE AND EXCEPT THE PROPERTY DESCRIBED ON THE FOLLOWING TWO PAGES sos3sooss Exhibit H Page 16 PROPERTY DESCR1pTI0N OF 13751 ACRES OF LAND PARTIALLY IN THE CITY OF SCHERTZ BEXAR COUNTYTEXASOUTOFTHEMILESSBENNEFTSURVEYNO75ABSTRACTN061COUNTYBLOCK5057THEJULIANDIAZSURVEYN066ABSTRACTN0187COUNTYBLOCK5059ANDTHEWILLIAMBRACKENSURVEYN074ABSTRACTN043COUNTYBLOCK5056BEXARCOUNTYTEXASANDALSOBEINGOUTOFA139903ACRETRACTbESIGNATEDASTRACTIDESCRIBED8YDEEDRECORDEDINVOLUME13560PAGE1939OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXASSAID13751ACRESOFLANDBEINGMOREPARTICULARLYDESCRIBEDASFOLLOWS BEGINNING AT A FOUND 1IRONPIPE ON THE NORTHWEST RIGHT OF WAY LINE OF LOWER SEGUIN ROADBEINGTHEEASTCORNEROFSAID139903ACRETRACTANDALSOBEINGTHESOUTHWESTCORNEROFA13516ACRETRACTDESCRIBEDBYDEEDRECORDEDiNVOLUME7423PAGES621624OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXAS THENCE ALONG THE NORTHWEST AND NORTHERLY RIGHT OF WAY LINE OF LOWER SEGUIN ROAD THE FOLLOWING S 59 49 41 W 57130 FEET TO A FOUND iIRON PIN WITH YELLOW CAP STAMPED BLS 2024 N 85 44 03 W 168281 FEET TO AFOUNDaIRONPINWITH YELLOW CAP STAMPED BLS 2024 BEINGTHESOUTHEASTCORNEROFA1227ACRETRACTOFLANDDESCRIBEDBYDEEDRECORDEDINVOLUME13873PAGE2232OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXASSAIDIRONPNALSO BEING THE SOUTHWEST CORNER OF SAID 139903 ACRE TRACT AND THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT THENCE LEAVING THE NORTHERLY RIGHT OF WAY LINE OF LOWER SEGUIN ROAD ALONG THE WESTERLYBOUNDARYOFTHEHEREINDESCRIBEDTACTTHEFOLLOWING N 13 37 14 W 33763 FEET ALONG THE EAST BOUNDARY OF SAID 1227 ACRE TRACT TO A FOUND z IRON PN WITH YELLOW CAP STAf4PEp BLS 2029 BEING THE NORTHEAST CORNER OF SAID 1227ACRE TRACT S 70 90 25 W 17246 FEET ALONG THE NORTH BOUNDARY OF SAto 1227ACRE TRACTTO A FOUND MAG NAIL ON TOP OF A 7 CREOSOTE FENCE POST BEING THE NORTHWEST CORNER OF SAID 1227 ACRE TRACT N 30 04 44 W 703DB FEET ALONG THE EAST BOUNDARY OF AN 115 ACRE TRACT OF LAND CONVEYED TO ALTON AND EiLEEN SCHNEIDER BY DEED RECORDED IN VOLUME 3013 PAGE 340 OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY TEXAS TO A FOUND Vz IRON PIN WTH YELLOW CAP STAMPED BLS 2024 ON THE SOUTH BOUNDARY OF LOT iBLOCK 1 AS DESCRIBED 8Y SUBDIVISION PLAT OF RAY D CORBEIIJUNIOR HIGH SUBDIVISION RECORDED IN VOLUME 9600 PAGES 159161 OF THE OFFICIAL PUBLICRECORDSOFBEXARCOUNTYTEXAS N 56 39 57 E 24645FEET ALONG THE SOUTH BOUNDARY OF SAID LOT 1 BLOCK 1 TO A FOUND zIRONPINWITHREDCAPSTAMPEDCECBEINGTHESOUTHEASTCORNEROFSAIDLOT1BLOCK1 N 30 14 12 W 155195 FEET ALONG THE EAST BOUNDARY OF SAID LOT 1 BLOCK I TO A FOUND z IRON PIN WITH RED CAP STAMPED CEC BEING A POINT OF CURVATURE OF ANONTANGENT CURVE FOR THESOUTHEASTRIGHTOFWAYTERMINUSOFRAYCORBETTDRIVEASSI1OWNONSAIDSUBDIVISIONPLAT OFRAYDCORBETTJUNiORHIGHSUBDIVISIONANDALSOBEiNGTHESOUTHWESTCORNEROFA2028ACRETRACTOFLANDDESIGNATEDASTRACTDESCRIBEDBYDEEDRECORDEDINVOLUME14343PAGE1954OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXASTHENORTHEASTCORNEROFSAIDLOT1BLOCK1ANDTHENORTHWESTCORNEROFTHEHEREINDESCRIBEDTRACT THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID 2028ACRE TRACT AND THE NORTHERLY BOUNDARY OF THE HEREIN DESCR1BEO TRACT THE FOLLOWING 1334 FEET WITH 7HE ARC OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 43000FEET A CENTRAL ANGLE OF 01 q6 37 ANA A CHORD BEARING AND DISTANCE OF N 59 50 31 E 1333 FEET TD sos3sooss Exhibit H Page 17 FOUND z IRON PIN WITH RED CAP STAMPED CEC BEING A PONT OF NONTANGENCY N 58 20 13 E 17215 FEET TO A FOUND yxIRON PIN WITH RED CAP STAMPED CEC BEING A POINT OFCURVATUREOFANONTANGENTCURVE 1825 FEET WITH THE ARC OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 37000 FEET ACENTRALANGLEOF024937ANDACHORDBEARINGANDbISTANCEOFN565544E1825FEETTOFOUND1zIRONPINWITHREDCAPSTAMPEDCECBEINGAPOINTOFTANGENCY N 60 20 32 E 22738 FEET TO A FOUND Yi IRDN PIN WITH RED CAP STAMPED CEC N 60 17 il E 65827FEETTO A FOUND z IRON PIN WITH RED CAP STAMPED CEC BEING A POINT OFCURVATURE 26016FEET WITH THE ARC OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 37000FEET ACENTRALANGLEOF413130ANDACHORDBEARINGANDDISTANCEOFN8102SGE26233FEET TOFOUNDzIRONPINWITHREDCAPSTAMPEDCECONTHEWESTBOUNDARYOFA0708ACRETRACTOFLANDDESCRIBEDBYDEEDRECORDEDINVOLUMEL4343PAGE1960OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXASSAIDIRONPINBEINGTHESOUTHEASTCORNEROFSAID2028ACRETRACT THENCE CONFINUING WITH THE NORTHERLY BOUNDARY OF THE HEREIN DESCRIBED TRACF ALONG THEWESTANDSOUTHBOUNDARYOFSAID0706ACRETRACTTHEFOLLOWING S 29 55 25 E 16358 FEET TO A FOUND iIRON PIN WITH YELLOW CAP STApIPEp BLS 2024 BEING THESOUTHCORNEROFSAID0700ACRETRACT N 50 15 43 E 18214 FEET TO A FOUND z IRON PIN WITH RED CAP STAMPED CEC BEING A POINT 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TRACTOFLANDDESCRIBEDBYDEEDRECORDEDINVOLUME7423PAGES621674OFTHEOFFICIALPUBLICRECORDSOFBEXARCOUNTYTEXAS S 30 06 05 E 180258 FEET ALONG THE WEST BOUNDARY OF SAID 13506ACRE TRACT TO THE POINT OFBEGINNINGCONTAINING13751ACRESOFLAND NOTE BEARINGS USED IN THIS DESCRIPTION ARE REFERENCED Tp THE TEXAS STATE PLANE COORDINATESYSTEMSOUTHCENTRAL20NENAD0393 sos3sooss Exhibit H Page 18 Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: October 10, 2017 Department: Planning & Community Development Subject: Ordinance No. 17-K-37 – Consideration and/or action approving an ordinance releasing and terminating a drainage easement on Lots 1-5, Block 3 and Lots 1-7, Block 2 of the Mesa Oaks Subdivision (First Reading) BACKGROUND City Staff received a request from the property owner of Lot 1, Block 3 (983 Oakridge) of the Mesa Oaks Subdivision to release the drainage easement that runs along the rear of the lot. The drainage easement along Lots 1-5, Block 3 and Lots 1-7, Block 2 of the Mesa Oaks Subdivision was established with the construction of the Mesa Oaks Subdivision to manage the storm water from parts of Mesa Oaks Subdivision and the surrounding area. After the establishment of the drainage easement in Mesa Oaks in 2005, the land to the north was developed as the Wynter Hill Subdivision (recorded 2016) which provided drainage easements and improvements adjacent to the Mesa Oaks drainage easement, rendering this easement no longer needed. There is also a 30’ wide gas pipeline easement held by Texaco Pipeline Inc. that runs across the subject properties. Goal The goal of this ordinance is to release and terminate the public drainage easement that is located along the rear of Lots 1-5, Block 3 and Lots 1-7 Block 2 of the Mesa Oaks Subdivision. 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. The release of the drainage easement will allow the affected property owners to utilize this area for the possible addition of accessory structures, swimming pools or home expansions. Summary of Recommended Action Approval of Ordinance 17-K-37 authorizing the release and termination of a drainage easement at the rear of Lots 1-5, Block 3 and Lots 1-7, Block 2 of the Mesa Oaks Subdivision will remove City Council Memorandum Page 2 an encumbrance and provide the affected property owners the ability to utilize the area for other things. The City Engineering Department has reviewed the request and found the existing drainage easement to be no longer needed and provided the following explanation: Originally, storm water drainage in the area was to be accommodated in the platted easement. However, subsequent to the plat recordation of Mesa Oaks Subdivision, the developer negotiated with the property to the north (later platted as Wynter Hill Subdivision) to create a new drainage easement and improvements. With the development of Wynter Hill Subdivision and the construction of drainage improvements in the easement, storm water drainage is now properly accommodated for Wynter Hill Subdivision, Mesa Oaks Subdivision, and the adjacent area. This makes the platted easement in Mesa Oaks unneeded. Therefore, there would be no adverse impact to drainage in this area if the drainage easement across Lots 1-7, Block 2 and Lots 1-5, Block 3 of Mesa Oaks Subdivision is released. FISCAL IMPACT None RECOMMENDATION Staff recommends approval of ordinance no. 17-K-37. ATTACHMENT Ordinance No. 17-K-37 Release and Termination of Public Drainage Easement ORDINANCE NO. 17-K-37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, RELEASING AND TERMINATING A DRAINAGE EASEMENT ON LOTS 1-5, BLOCK 3 AND LOTS 1-7, BLOCK 2 OF THE MESA OAKS SUBDIVISION; AND ESTABLISHING AN EFFECTIVE DATE HEREOF WHEREAS, the City of Schertz, Texas, (hereinafter the “City”), received an Easement from Burkett Live Oak, Limited, as a drainage easement, across the Grantor’s Property, and said Easement was established by plat and was recorded in the Public Records of Guadalupe County on October 14, 2005, as Volume 7, Page 79 (hereinafter the “Easement”); and WHEREAS, The Engineering Department has reviewed the Easement and has determined that the Easement is no longer necessary due to the acquisition of a new drainage easement and construction of drainage improvements with the Wynter Hill Subdivision, directly adjacent to the north; and WHEREAS, The Wynter Hill Subdivision drainage easement and constructed improvements are designed to properly handle stormwater runoff from Mesa Oaks and the adjacent areas; and WHEREAS, There would be no adverse impact to drainage in this area if the Easement is released; and WHEREAS, the City has determined that the Easement is no longer necessary as it relates to the Property; and WHEREAS, the City desires to terminate and grant a release of the Easement; and WHEREAS, A copy of the Release and Termination of Public Drainage Easement Instrument, which includes a more particular description of the Easement is shown in Exhibit "A" attached hereto and incorporated herein for all purposes and has authorized such termination and release. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the recitals contain in the preamble hereto 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 2. That the City Council finds that such release and termination of the drainage easement as requested will cause no harm or injury to the City of Schertz or its citizens, said Easement is not needed for public purpose and it is in the public interest to release and terminate said Easement. Section 3. That the Easement as depicted in Exhibit “A”, is hereby released and terminated insofar as the right, title or easement of the public is concerned and shall only extend to the public right, title and easement that the City may legally and lawfully abandon. Section 4. That the City Manager is hereby authorized to execute a release and termination of the drainage easement in substantially the same form as set out in Exhibit “A”, and such other instruments and documents that are reasonably necessary to effectuate the purpose of this Ordinance. Section 5. That should any section, clause, or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance or any other ordinance of the city as a whole or any part thereof, other than the part so declared to be invalid. Section 6. That 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 10th day of October, 2017 PASSED, APPROVED and ADOPTED on final reading the 24th day of October, 2017. CITY OF SCHERTZ Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Exhibit A “Release and Termination of Public Drainage Easement” RELEASE AND TERMINATION OF PUBLIC DRAINAGE EASEMENT THE STATE OF TEXAS § § COUNTY OF GUADALUPE § WHEREAS, the City of Schertz, Texas, (hereinafter the “City”), received an Easement from Burkett Live Oak, Limited, as a drainage easement, across the Grantor’s Property, and said Easement was established by Plat and was recorded in the Public Records of Guadalupe County on October 14, 2005, as Volume 7, Page 79 (hereinafter the “Easement”); and WHEREAS, The Engineering Department has reviewed the Easement and has determined that the Easement is no longer necessary due to the acquisition of a new drainage easement and construction of drainage improvements with the Wynter Hill Subdivision, directly adjacent to the north; and WHEREAS, The Wynter Hill Subdivision drainage easement and constructed improvements are designed to properly handle stormwater runoff from Mesa Oaks and the adjacent areas; and WHEREAS, There would be no adverse impact to drainage in this area if the Easement is released; and WHEREAS, the City has determined that the Easement is no longer necessary as it relates to the Property; and WHEREAS, the City desires to terminate and grant a release of the Easement; and WHEREAS, A more particular description of the Easement is shown in Exhibit "A" attached hereto and incorporated herein for all purposes and has authorized such termination and release. NOW THEREFORE, for ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and for the benefit of all present and future owners of the Property, or any portion thereof, the City has RELEASED AND TERMINATED and, by these presents, does RELEASE AND TERMINATE the Easement attached hereto as Exhibit “A”. It is expressly agreed and understood that this is a release of only said Easement and that this release does not release, affect or impair any other remaining easements as they may relate to the Property or any real property which is not included within the Property. By execution hereof, the City confirms and acknowledges the Easement as platted and recorded in the Public Records of Guadalupe County, Texas, as Volume 7, Page 79, and attached hereto as Exhibit “A” will be of no further force or effect. EXECUTED TO BE EFFECTIVE the ____ day of _______________, 2017. ATTEST: CITY OF SCHERTZ, TEXAS _____________________________ _________________________________ Brenda Dennis, City Secretary John Kessel, City Manager THE STATE OF TEXAS § COUNTY OF GUADALUPE § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared John Kessel, City Manager of the City of Schertz, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of ____________, 2017. [Seal] ___________________________________________ Notary Public in and for the State of Texas My Commission Expires:______________________ AFTER RECORDING RETURN TO: City of Schertz, Texas Attn: Planning & Community Development 1400 Schertz Parkway, Building 1 Schertz, TX 78154 E Drainage Easement Mesa Oaks Subdivision Lots 1-5, Block 3 & Lots 1-7, Block 2 Exhibit A Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: September 26, 2017 Department: Engineering Subject: Ordinance No. 17-D-38 Consideration and/or action approving an Ordinance providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising Chapter 86, Section 86-115, Maximum limits generally on specific streets, adding the maximum speed limits of IH 35 Access Road to a construction speed limit, changing the maximum speed limit. (First & Final Reading). BACKGROUND TxDOT performed engineering and traffic investigations on the frontage roads of IH 35 around the FM 1103 crossover bridge. As a result of the investigations TxDOT is recommending reducing the speed limit from 50 mph to 40 mph in the construction area zones (See Exhibit 1) during construction. Currently, construction speed limit reductions are not included in the current Code of Ordinances. Construction speed zones will be in effect when speed reduction signs are displayed within the TxDOT construction project identified as NH 2017(797). The maximum construction speed limits in this construction zone of the IH35 access road will be included in the City’s Code of Ordinances Sec. 86-115. The completion of the project shall cancel the provision of the ordinance applying to the project and any remaining construction speed zone signs shall be removed. Goal To ensure that safe speed limits are established and enforceable through the City’s Code of Ordinances. Community Benefit To provide for safe and efficient travel on streets within the City for citizens and visitors. Summary of Recommended Action Approval is recommended to allow for placement of the construction speed limit signs by TxDOT. FISCAL IMPACT No cost to the city, these signs will be installed and maintained by the TxDOT contractor. RECOMMENDATION City Council Memorandum Page 2 Staff recommends approval of Ordinance 17-D-38 on the first and final reading and declaring an emergency. ATTACHMENTS Ordinance 17-D-38 Exhibit – IH 35 Frontage Road Construction Speed Zones ORDINANCE NO. 17-D-38 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 AND DECLARING AN EMERGENCY WHEREAS, it has been established that the maximum speed limits need to be included for IH 35 frontage roads in the Code of Ordinances where a construction speed zone is in effect when signs are displayed within Texas Department of Transportation (TxDOT) construction project NH 2017(797). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1 THAT, Section 86-115-Maximum limits on specific streets of the Code of Ordinances be amended with the addition as follows: Street Extent Speed (MPH) IH35 Frontage Roads IH 35 frontage roads from MP 1.441 which is approximately 580’ southwest of FM 1103, northeasterly to MP 1.668 which is approximately 618’ northeast of FM1103, for a distance of 0.227 miles approximately. 40 Section 2 The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this 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 The completion of TxDOT Project NH 2017(797) shall cancel the provision of this ordinance applying to said project. PASSED ON FIRST AND FINAL READING, the 26th day of September 2017. ___________________________________ Michael R. Carpenter, Mayor ATTEST: ______________________________ Brenda Dennis, City Secretary (CITY SEAL) !"#$53 MP 1.668 MP 1.441 40 MPH 40 MPH IH 35 N A C C E S S R D F M 1 1 0 3 H U B E R T U S R D E A G LE V A LL E Y ST F A I R W A Y S D R TI M B E R S P G S B L A C K H O R S E CAMER O N R I V E R CORRIDOR O A K S CHARLES T O N IH 35 N A C C E S S R D WALGREENS RBFCU CST CORNERSTORE 1074 MCDONALDS 7 ELEVEN IH 35 N F M 1 1 0 3 FM 482 FM 2 2 5 2 OLD WIEDERS T E I N R D D E A N R D C O U N T R Y C L U B B L V D H U B E R T U S R D IH 35 N / 0 250 500 750 1,000125 Feet City of Schertz Speed Zone RevisionsIH 35 N Frontage • reduce existing 50 mph zone to 40 mph during TxDOT construction Proposed Maximum Speed Limit: