11-14-2017 Agenda with backupMEETING AGENDA
City Council
REGULAR SESSION CITY COUNCIL
November 14, 2017
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
Call to Order – Regular Session
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Councilmember Kiser)
Proclamation
• Proclamation recognizing Pancreatic Cancer Day. (Mayor Carpenter /Susan Martinez)
• Proclamation recognizing America Recycles Day. (Mayor Carpenter /Pratt Industries
Representative)
New Employee Recognition
Fire Department — Aaron Escobedo, Craig Jacobs – Fire Fighter (D. Wait/K. Long)
Public Works Bobby Hervey – Water /Wastewater Tech, Alejandro Lazarre – Drainage Worker
I (D. Wait /J. Hooks /D. Letbetter)
Precentatinn
• Guadalupe Regional Medical Center – Prescription Assistance report. (D. Wait /J. Riggs)
• Update regarding the recent Trunk -or -Treat Event. (D. Wait /K. Long /J. Perry /M. Spence)
City Events and Announcements
• Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez)
• Announcements and recognitions by City Manager (J. Kesse])
11 -14- 2017 - Council Agenda
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person should
fill out the speaker's register prior to the meeting. Presentations should be limited to no more
than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while addressing
the Council may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of specific
factual information given in response to any inquiry, a recitation of existing policy in response to
an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during
the Hearing of Residents portion of the agenda, will call on those persons who have signed up to
speak in the order they have registered.
Workshop
• FY 201.6 -17 Schertz Economic Development Corporation Annual. Report. (T. Brown/K.
Kinateder)
• Discussion and direction regarding a possible Shred -It -Day. Q. Kessel/S. Gonzalez) (Item
requested by Councilmember Crawford)
• Workshop discussion reviewing the Library and Police fees. (B. James /J. Walters)
• Workshop discussion regarding the status of the Capital Improvement Projects. (B.
James /K. Woodlee)
• Workshop discussion on City's Policy Development Process. Q. Kessel /D. Wait)
• Workshop discussion on Council Review of in progress policies. Q. Kessel/D. Wait /J.
Kurz /S. Gonzalez /B. James)
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 October 24, 2017. (J.
Kessel /B. Dennis)
2. Ordinance No. 17 -A -44 -- Consideration and /or action approving an Ordinance
confirming and approving a boundary agreement establishing the municipal boundary
between the City of Schertz and the City of Cibolo for property located within the
Homestead development. Final Reading (B. James /L. Wood /B. Cox)
3. City of Schertz 2018 Master Calendar — Consideration and /or action regarding the
approval of the City of Schertz 2018 Master Calendar. (J. Kessel /S. Gonzalez)
Discussion Items
11 -14 -2017 City Council Agenda Page - 2 -
4. Resolution No. 17 -R -96 — Consideration and/or action approving a Resolution
authorizing the City Manager to enter into an agreement for the purchase of thirteen (13)
video recording systems. (D. Wait /M. Hansen/M. Bane)
5. Resolution No. 17 -R -97 — Consideration and/or action approving a Resolution
authorizing the City Manager to sign an Interlocal Agreement for Fire Protection Services
in Guadalupe County between the City of Schertz, City of Cibolo and City of Seguin. (D.
Wait /K. Long)
6. Resolution No. 17 -R -98 — Consideration and /or action approving a Resolution
authorizing the City Manager to accept a Texas Forest Service Texas Intrastate Fire
Mutual Aid System (TIFMAS) Grant for a Type 3 Fire Apparatus and authorizing City
Staff to comply with the terms of the grant. (D. Wait/K. Long)
7. Ordinance No. 17 -M -48 — Consideration and/or action approving an Ordinance
authorizing a Reimbursement Agreement with CVS Pharmacy, Inc. for construction of a
water line extension associated with the development of the Schertz Retail Center. First
Reading (D. Wait /J. Hooks)
8. Resolution No. 17 -R -99 — Consideration and /or action approving a Resolution
authorizing the City of Schertz to purchase Office 365 licenses, MS Project licenses,
Adobe Software, Windows user licenses, Windows Server licenses, StormWinds training
licenses, SCCM software & hardware and any miscellaneous software, hardware and
licenses from SHI Government, a State of Texas DIR vendor not to exceed $147,260.00.
(B. James /M. Clauser)
9. Resolution No. 1.7 -R -103 — Consideration and/or action approving a Resolution
authorizing purchases up to $85,000 with any one vendor to include Southern Computer
Warehouse, Intech Southwest, and CDW. (B. James /M. Clauser)
10. Resolution No. 17 -R -100 - Consideration and/or action approving a Resolution.
authorizing Amendment No. 2 and assignment of the development agreement between
the City of Schertz, City of Schertz Economic Development Corporation, and GE Oil &
Gas LLC. (J. Kessel/K. Kinateder)
11. Resolution No. 17 -R -101 — Consideration and /or action approving a Resolution
authorizing the acquisition of permanent and temporary easements on Schaefer Road
necessary for the completion of pipelines and appurtenances designed to carry water in
conjunction with the Corbett elevated storage tank project. (B. James /K. Woodlee)
12. Resolution No. 17 -R -102 — Consideration and/or action approving a Resolution
accepting the appraised value offer of the Texas Department of Transportation (TxDOT)
to acquire two minor parcels of land needed for the FM 1.103 expansion project. (B.
James /K. Woodlee)
13. Ordinance No. 17 -T-46 — Consideration and /or action approving an Ordinance
authorizing a budget amendment to fund elevated storage tank repainting. First Reading
(B. James /J. Walters)
14. Ordinance No. 17 -K -47 - Conduct a public hearing and consider action on an ordinance
PH closing and abandoning to the abutting property owner a section of Trainer Hale Road
-2017 City Council Agenda Page - 3 -
right -of -way located approximately 850 feet south of the intersection of FM 1518 and
Lower Seguin Road. First Reading (B. James /L. Wood/B. Cox)
Roll Call Vote Confirmation
Requests and Announcements
15. Announcements by City Manager.
16. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
17. 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
18. Information available in City Council Packets - NO DISCUSSION TO OCCUR
City of Schertz Economic Development Corporation
• Payment notification of the Small Business Grant per the Economic
Development Performance Agreement with Evestra, Inc.
Adiournment
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 9th DAY OF NOVEMBER 2017 . AT 4:40
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.
�revuGp T-)eA. "LS
Brenda Dennis, City Secretar
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE
CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE
OFFICIAL BULLETIN BOARD ON DAY OF 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.
11 -14 -2017 City Council Agenda Page - 4 -
Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal
counsel and the presence of any subject in any Executive Session portion of the agenda constitutes
a written interpretation of Texas Government Code Chapter 551 by legal counsel for the
governmental body and constitutes an opinion by the attorney that the items discussed therein
may be legally discussed in the closed portion of the meeting considering available opinions of a
court of record and opinions of the Texas Attorney General known to the attorney. This provision
has been added to this agenda with the intent to meet all elements necessary to satisfy Texas
Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance
on this opinion.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Carpenter
Councilmember Davis— Place I
Audit Committee
Schertz Housing Authority Board
Interview Committee for Boards and Commissions
Interview Committee for Boards and
Investment Advisory Committee
Commissions
Main Street Committee
Main Street Committee - Chair
TIRZ II Board
Councilmember Gutierrez — Place 2
Councilmember Larson — Place 3
Main Street Committee — Vice Chair
Mayor Pro -Tem Edwards — Place 4
Councilmember Thompson — Place 5
Audit Committee
Audit Committee
Hal Baldwin Scholarship Committee
Investment Advisory Committee
Interview Committee for Boards and Commissions
Cibolo Valley Local Government Corporation
Main Street Committee
Councilmember Kiser — Place 6
Councilmember Crawford — Place 7
Schertz Animal Services Advisory Commission
Schertz- Seguin Local Government Corporation
Interview Committee for Boards and
Commissions
11 -14 -2017 City Council Agenda Page - 5 -
Presentation A
CITY COUNCIL MEMORANDUM
City Council Meeting: November 14, 2017
Department:
Subject:
BACKGROUND
Administration
Guadalupe Regional Medical Center —
Prescription Assistance report
On March 5, 2013, City Council approved an Interlocal Agreement with Guadalupe Regional
Medical Center (the Hospital) relating to a prescription access program. This program offers
assistance to qualified citizens of the city that enables them to purchase prescription medication
at a significantly reduced price. The provision of a prescription assistance program is a public
purpose and preserves and protects these qualified citizens' health and safety.
The Hospital will provide prescription medications free of charge or at a low cost to citizens who
qualify for assistance under the guidelines established by each drug manufacturer and as
described to the City by the Hospital. The Hospital will comply with all federal, state, county,
and City laws, rules, ordinances, and regulations which may affect the agreement.
A written report will be provided by the Hospital to the City Council of the City on or about
March 1 and September 1 of each year. This report will document that the payments made by
the City have primarily benefitted citizens of the City and will include such information as total
number of resident patients served, number of prescriptions filled, retail dollar value of
prescriptions, and sources of program funds.
iWZTG • ' • On
The fiscal impact to the City is $5,000 annually. This is a budgeted item. The City's contribution .
helps pay for the cost of administering the program.
RECOMMENDATION
Staff recommends Council accept the report from the Guadalupe Regional Medical Center.
ATTACHMENT
Report dated February 28, 2017 through October 2017.
Exhibit A
Report Information
Guadalupe Regional Medical Center
Prescription Assistance Program for Schertz Enrollees
March 1, 2017 thru October 31, 2017
10-1:101142H
Total number of patients served by the program 1 1274
Total number of Schertz residents served by the program 1 291
Total number of prescriptions provided by the program F- 27572
Retail dollar value of prescriptions provided by the PAP F -s 8,339,266.161
Retail dollar value of prescriptions provided to Schertz residents by PAP F$- 250,860.29
Number of prescriptions per Schertz patient per month F- 3.371
Average prescription retail price (3 month supply) per Schertz patient 1 $ 963.611
Average annual retail prescription benefit per Schertz patient Fs- 12,975.53
SOURCES OF PROGRAM FUNDS (ANNUAL)
Schertz contribution to the program I $ 5,000.00
Seguin contribution to the program F-s 5,000.00
Contributions to program by individuals F$ 5,151.28
Payments by patients ($15.00/month/patient) I $ 138,218.00
Grants received for the program (United Way) 1 $ 5,000.04
Other sources of funds (identify sources)
Glucose Monitor Rebates 1,976.22_
Organization Contributions 545.00
Corporate Contributions 200.00
TOTAL REVENUE $ 161,090.54
TOTAL EXPENSES $ (345,327.96)
TOTAL NET 1$ (184,237.42)
MEMORANDUM
City Council Meeting:
Department:
Subject:
BACKGROUND
November 14, 2017
Economic Development
SEDC Annual Report
Workshop
Section 501.073 of the Texas Local Government Code requires that SEDC's report
annually to the City Council. This year the SEDC annual report changes from the
calendar year to the fiscal year.
The SEDC Annual. Report FY 201.6 -1.7 focuses on the mission and purpose of the SEDC
while also providing information on overall economic activity within the City of Schertz.
The information in our Annual Report is compiled in such a way that it can be used for
our own business recruitment efforts and by our residents and businesses alike.
ATTACHMENT(S)
SEDC Annual Report FY 201.6 -17
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OWN
I'm honored and humbled to serve as the
Board President of the City of Schertz
Economic Development Corporation (SEDC). I
work alongside six other community volunteers
that comprise the SEDC Board of Directors.
As the SEDC Board, our mission is to attract
and retain primary jobs through the strategic
investment of infrastructure, loans, and grants
for both small and large companies.
Together the SEDC, City of Schertz and local
stakeholders work in unity to develop a
premier Texas Community through the Schertz'
Complete City Model. The model focuses on
balancing three core areas: Core Services,
Quality of Life, and Economic Engine.
The SEDC plays a major role in driving the City's
economic engine. We seek to promote
economic development that is consistent with
the City's comprehensive plan. The SEDC
targets projects that create primary jobs and
infuse new money into our local economy;
creating new demand for residential and retail
development.
During the 2016 -17 fiscal year, the SEDC
authorized the Schertz Incentive Policy and the
SEDC Business Retention and Expansion Plan.
These documents outline our renewed focus to
allocate staff and SEDC resources to help
existing, small, and large businesses that create
primary jobs.
The new incentive policy first leverages SEDC
funds for economic development incentives
before using the City's general fund. As a
result, the City is able to direct those funds to
projects that improve core services and quality
of life projects.
The SEDC continues to strengthen our local and
state partnerships. We partnered with the
Governors' Office for Economic Development,
TexasOne, and TeamTexas for recruitment
activities. In August, we entered into a service
agreement with Comal County whereby our
staff will work directly with county officials to
negotiate projects that have a direct benefit on
the City of Schertz. Lastly, our local businesses
and school districts have come together to
promote our manufacturing industry and begin
to develop long -term plans for workforce
development.
Enclosed is an overview of the major activities
of the SEDC for the 2016 -17 fiscal year. We
encourage all to learn more about our
community and become engaged in driving the
Schertz economic engine.
TloV4 R4,00114
Tim Brown
President of the SEDC Board
INCENTIVE
AGREEMENTS
Evestra, Inc. (Evestra) is a biopharmaceutical research and development company with a therapeutic focus in
women's healthcare. Evestra is a spin -off of the Organic Chemistry Department of Texas Biomedical Research
Institute (TXBiomed). Evestra has offices in Texas, Poland, and Germany.
In 2017, Evestra agreed to locate their corporate headquarters and pharma manufacturing facility in Schertz
within a 12,000- square foot facility. The Schertz facility will maintain a minimum property taxable value of
$2.6 million. Additionally, Evestra's Schertz facility will employ 16 full -time jobs with an annual payroll of $1.2
million. In consideration, the SEDC provided $200,000 in the form of a small business grant. Evestra will
maintain its investment levels in Schertz until December 31, 2022. Evestra officially began operations in their
new Schertz facility in October 2017.
I millm
Ace Mart Restaurant Supply Co. (Ace Mart) provides foodservice equipment and supplies to the restaurant
industry. Ace Mart provides supplies to operators, caterers, concessionaires, home chefs, and more.
Established in 1975, Ace Mart continues to be an innovative leader in the industry with 17 warehouse
showroom stores throughout Texas.
In 2017, Ace Mart agreed to occupy approximately 215,000- square foot facility located at 9850 Doerr Lane.
Ace Mart will maintain a minimum taxable personal property of $5.6 million. Additionally, Ace Mart agreed to
employ 40 full -time jobs at the Schertz facility with an annual payroll of $1.1 million, and create /maintain a
minimum of $8 million in sales tax collections. In consideration, the SEDC provided a $225,000 Operations
Grant and an annual reimbursement based on personal property for six years. Ace Mart must maintain their
investment levels until December 31, 2024. Ace Mart has begun plans for the interior finish out of the
building and plans to be operational by April 2018.
TEXAS PLUMBING SUPPLY
Texas Plumbing Supply Company, Incorporated (Texas Plumbing Supply) is a veteran -owned and family -
operated small business that started in 1962. Texas Plumbing Supply works closely with professional plumbing
contractors to supply the growing construction industry. The Schertz facility will serve both the San Antonio
and Central Texas region.
In 2017, Texas Plumbing Supply agreed to construct a 35,000- square foot warehouse and distribution facility
with a minimum taxable property value of approximately $4.5 million. The Schertz facility will employ 10 full -
time jobs with an annual payroll of $407,000. In consideration, the SEDC will provide $112,500 in the form of
a grant. Texas Plumbing Supply must maintain the investment levels until February 9, 2022. Texas Plumbing
Supply has not yet started construction on their new Schertz facility.
INCENTIVE
AGREEMENTS
CAPITAL GROUP In 2010, The Capital Group Companies, Inc. (Capital Group) agreed to construct a
50,000- square foot facility costing approximately $35 million and employ at least two
people with an average annual salary of $150,000. In return, the City agreed to provide
a 75% tax reimbursement and allocate $100,000 to pay for electrical infrastructure.
The Tax reimbursement will expire on December 31, 2019. Capital Group is in full
compliance with their agreement.
In 2010, Sysco San Antonio, Inc. (Sysco) agreed to construct an approximate 635,000
SYSCO square foot facility costing approximately $55 million for both the real and personal
property. Sysco also agreed to employ 600 full -time employees with an average annual
payroll of $50,000. In addition, Sysco agreed to maintain the jobs and investment until
2021. In consideration, the City agreed to construct roadway improvements. Sysco is in
full compliance with their agreement.
CATERPILLAR In 2010, Caterpillar Inc. (Caterpillar) agreed to invest $25 million of taxable value at its
Schertz facility as part of its first phase and $20 million for each additional phase of its
four -phase development. The total facility will amount to just over 1 million square
feet. In consideration, the City provided a 75% tax reimbursement for eight years for
each phase of the project. Caterpillar is in full compliance with their agreement.
In 2012, Amazon.com.kydc LLC. (Amazon) agreed to construct a 1,261,980- square foot
AMAZON Z facility with a minimum taxable value of $124 million. Additionally, Amazon agreed to
employ 380 full -time jobs with an annual payroll of $12 million. In consideration, the
SEDC provided $500,000 and the City agreed to provide a phased reimbursement on
property taxes. The reimbursement will expire on December 31, 2024. Amazon is in full
compliance with their agreement.
GE OIL GAS In 2014, GE Oil and Gas Inc. (GE) agreed to expand its operations in Schertz by adding
175 full -time jobs while maintaining its 225 full -time jobs and paying an annual payroll
of $16 million and make a capital investment of $8 million. GE must maintain the jobs
and investment levels until 2020. In return, the SEDC agreed to extent David Lack
Boulevard. GE is in full compliance with their agreement.
In 2016, Major Wire Texas, Inc. (Major Wire) agreed to occupy approximately 53,000
MAJOR WIRE square feet in Schertz, create 58 full -time jobs paying a minimum annual payroll of
$1,892,000, and maintain a minimum of $4.9 million of personal property. In
consideration, the SEDC provided a $100,000 grant to be used for relocation and
training costs at the facility. Additionally, Major Wire must maintain the investment
levels until December 31, 2020. Major Wire is in full compliance with their agreement.
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Opening ceremony for Schertz Manufacturing, Day 2017
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RETENTION.
BRE PLAN
Formalized A Plan
The Business Retention and Expansion (BRE)
Plan (approved in March) calls for activity
prioritization, resource dedication, and
working towards common retention goals.
Recognized Importance of Retention
Devoted efforts on existing Schertzbusinesa
will produce a stronger local economy and also
accelerate the success in attracting new
businesses to Schertz.
Dedicated Resources
Through renewed relationships, the
community identifies financial and
programmatic resources for BRE efforts.
Assessment. With a focus only onprimary
job creating companies, assessment tools
help determine whether companies are
ready for expansions, ot risk for leaving or
closing, or possibly experiencing
community related problems.
Resources. Identifies events, programs, and
financial resources available for retention
and expansion purposes.
Strategic Actions. Sets forth actions tO
address community-wide and isolated
issues to ensure Schertzremains a
competitive and pro-business community.
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IVO NTABLES
___j 40
Purpose. Roundtables provide an opportunity for CEO's, General, Plant and Site managers to share
best practices and work together to find solutions to common challenges. Roundtables are held on a
quarterly or semiannual basis based on the request of the stakeholders. During the 2016 -17 fiscal
year, roundtables were established for the manufacturing and fulfillment, logistics and wholesale
distribution sectors.
Process. During the initial roundtables, staff facilitated brainstorming activities to identify concerns
facing these industry sectors. During this process, we discovered that workforce is the biggest issue
facing our manufacturing community while traffic flow is the biggest concern of the logistics,
warehouse & distribution sector and workforce was also a concern. Through further discussions with
the manufacturers, it was determined that resources should be dedicated to expanding the labor
pool, attracting high school students into career pathways and lastly identify or develop programs to
upskill incumbent workers. Because labor is concern that impacts both sectors, resources have been
dedicated to create awareness of Schertz employers and fill open positions.
Results. Staff developed an educational "Labor Snapshot" presentation highlighting workforce data,
made arrangements for the Workforce on Wheels Bus, a mobile application center, to stop in
Schertz, hosted a students for Job Shadow Day, and co- hosted a Healthcare Employer Engagement
Open House. Staff attended, and encouraged local employers to attend several workforce
development forums hosted by the Texas Workforce Commission, Workforce Solutions Alamo, and
RETENTION: CASE STUDY
Background
Speaking with companies and hosting roundtables revealed a common theme that resonates with
all businesses: there is a need for a hardworking, dependable, and adaptable workforce. Particularly
important is instilling these qualities in our community's students. To begin to address this fact, the
SEDC partnered with various organizations to educate, inspire, and provide opportunities to get
plugged into one of the many promising industry careers available in Schertz.
Manufacturing Day October 2017
Manufacturing Day addresses common misperceptions about manufacturing by giving
manufacturers an opportunity to open their doors and show, in a coordinated effort, what
manufacturing is — and what it is not. At its core, Manufacturing Day is a united effort to grow our
local labor force, connect our future generations, take charge of the public image of manufacturing,
and ensure the ongoing prosperity of the industry as a whole.
138
89%
71%
Number of Students Who
Increased Awareness of
Increased Likeliness To Tell
Attended 2017 Schertz
Local Manufacturing Jobs
Others About Manufacturing
Manufacturing Day
After Attending*
After Attending*
RETENTION: CASE STUDY
Background
Industry roundtables and business visits highlighted the importance of instilling solid work ethic in
our community's students. In response, the SEDC partnered with The Chamber, SA Works,
Guadalupe Valley Electric Cooperative, Randolph Airforce Base, GE Oil and Gas, and Lucifer Lighting
to educate, inspire, and provide opportunities to get plugged into one of the many promising
industrial careers available in the region.
National Job Shadow Day February 2017
Job Shadow Day, which has the underlying goal of preparing students to become independent
learners who can excel in their careers, provided Schertz students with a unique look into different
industries and careers. As part of this event, thousands of students from throughout the region
visited more than 150 different employers. The SEDC, Public Affairs Department and The Chamber
partnered with SA Works to host marketing students from Steele High School for a site visit to the
Schertz Municipal Complex. The students spent part of the morning in small groups learning about
the inner workings of the public affairs, chamber of commerce, and economic development
recruitment and retention efforts.
Group activities included an elevator speech contest, where students were provided guidelines on
how to prepare a 30- second speech about themselves as if they were meeting a hiring manager,
and a pitch contest where they picked a made -in- Schertz product out of a box and worked in small
groups to sell the item to their peers.
RETENTION: CASE STUDY
Background
The City of Schertz has a vibrant and rapidly growing industrial sector. Our largest industrial park is
located along Interstate 35. This area has experienced rapid growth and has a high concentration of
businesses that utilize eighteen wheelers to transport supplies and finished products from their
facilities. Additionally, many companies have added new employees without expanding their onsite
parking facilities.
Challenge
While most drivers respect Schertz' regulations, some had abandoned trucks and trailers while
others parked illegally on city streets. Several businesses who were concerned these vehicles would
restrict first responders from accessing their facilities during an emergency, and abandoned trucks
and trailer would create blight approached the City and SEDC for a solution.
Resolution
SEDC staff conducted several weeks of observation, regularly driving through the industrial parks to
confirm the validity of the businesses' concerns. After researching existing City ordinances and
working with the Police Department and Public Works, enforcement was increased and proper
signage was installed on Verde Parkway and Mid Cities Parkway. There has been a significant
decrease in the number of violations and staff has not received any additional complaints from the
industrial park tenants.
RETENTION: CASE STUDY
to ■ i i •
Drainage
Working in conjunction with multiple businesses in the Vestal subdivision and the Texas Department
of Transportation (TxDOT), SEDC staff has worked to address both public and private drainage issues
that threaten business activities in the area. Currently, the group is working with TxDOT to
construct improvements along FM 3009 which will reduce the risk of flooding for multiple
businesses. The project is expected to be funded and constructed in 2018.
Career and'Fechnical Education (CTE) Advisory Council
The SEDC is an active member of the SCUC ISD Career and Technology Education (CTE) advisory
council. The CTE advisory council which consists of community leaders and area business owners
meets together to provide input on CTE programs in hope benefiting our local students. The CTE
advisory council also hosts events such as the SCUC ISD Healthcare Employer Engagement Open
House to match students and employers.
Business Database Updates
Ongoing database improvements help ensure relevant business information is stored, organized,
and readily accessible for all staff. The database is used to categorize business resources, identify
industry clusters, and store contacts. It is a valuablee component of our BRE program as we strive to
track interactions, generate reports, monitor goals, promote SEDC events, and communicate
important information.
RECR ITMENT.
WEBSITE
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occupied 31,0UOsfatTri'County
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• /[82U17\ Ace Mart Restaurant Supply
occupied 213,864sfat9O50 Doerr Lane
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81
. 8
Nowm
Manufacturing
23
Real Estate and Rental and Leasing
92
y, • .
Construction
44 -45
jjj228=VjjV#fM
Transportation and Warehousing
53
U2
N2M=1V@VM
Health Care and Social Assistance
31 -33
Uj NJIMIVIAM
Educational Services
61
Administrative and Waste Services
48-49
JjjjM=jjjV@W
Agriculture, Forestry, Fishing and Hunting
52
e
Arts, Entertainment, and Recreation
21
c '
Retail Trade
72
:
Accommodation and Food Services
42
2012 2013 2014
6.3 5.8
2015 2016 2017
Texas
«,u uu,USA
MSA
Employment Hourly Wage Hourly Wage
Annual Wage '
(Median) (Mean)
(Mean)
Austin -Round Rack
965,100 $18.17 $24.44
$50,830
Dallas -Fort Worth - Arlington
3,410,610
$18.00 $24.21
$50,350
Houston -The Woodlands -Sugar Land
2,934,990
$18.49 $25.42
$52,870
SCHERTZ
San Antonio
New Braunfels
San Marcos
Live Oak
Seguin
Selma
Cibolo
Age Distribution Comparison (2017)
0% 10% 20% 30% 40% SO% 60% 70% 80% 90% 100%
N 0-14 0115-24 E25-34 E 35-54 055-64 N 65+
DEVELOP
OF3A
DEVELOP
OF3A
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: November 14, 2017
Department:
Subject:
City Secretary
Minutes
The City Council held a Regular Meeting on October 24, 2017. .
HHZTG • ' • On
RM
RECOMMENDATION
Staff recommends Council approve the minutes of the Regular Meeting on October 24, 2017. .
ATTACHMENTS
Regular Meeting of October 24, 2017 . minutes.
MINUTES
REGULAR MEETING
October 24, 2017
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
October 24, 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
Councilmember Mark Davis
Councilmember Scott Larson
Councilmember Angelina Kiser
Staff Present:
Executive Director Brian James
City Attorney Dan Santee
City Secretary Brenda Dennis
Mayor Carpenter called the meeting to
Texas. (Councilmember
Councilmember'
the flags of the U
Mayor
this ev,
Gary
p.m.
[N
yer followed by the pledges of allegiance to
with Troop 51 who was in the audience
also wel 'O ed Schert Cibolo- Universal City Board Chair and Board Trustee
Robert Westbrook.
• Introduction of the Student Mayors and Student Councilmembers for the Day. (Mayor
Carpenter)
- Student Mayors — Dobie Jr. High, 8th Grade Michaela Martinez and Corbett Jr. High,
8th Grade Bailey Toda
- Student Councilmembers — Dobie Jr. High, 7th Grade Delando Johnson and Corbett Jr.
High, 7th Grade Madison Didomenico
Mayor Carpenter recognized City Secretary Brenda Dennis who provided a brief
explanation of the Student Mayor/Councilmember for the Day Program again thanking the
Mayor /Council and School District for agreeing once again to participate in the program.
1.0 -24 -2017 Minutes Page - i -
Mayor Carpenter then expanded on the program activities of this session and asked each
student to introduce himself and share with the audience what they enjoyed about the
exercise and something they learned. Mayor Carpenter then congratulated the students for
their interest and participation and subsequently presented each one with a certificate and
plaque commemorating the event.
• Introduction and recognition regarding the Fire Prevention Poster Contest winners. (D.
Wait /K. Long)
Mayor Carpenter recognized Fire Chief Kade Long who provided the following
information regarding the Fire Prevention Poster Contest. tie stated that they had 120
entries from the surrounding schools and recognized the fallowing individuals who
narrowed it down to the top finalists: Fire Chief Kade Long and Mayor Michael
Carpenter provided information on the Mayor's Choice,
Winners:
5 th_6th grade
I St place, Julian rettof' (Sty gr do --Schlather Elementary.)
rtd,'Plac Christopher Gonzales Alapag (5th grade — Wilder Elementary)
3rd place — Laura. Hunter (th Grade — Schlather Elementary)
's Choice,
Davis (Kindergarten- Paschal Elementary)
Mayor Carpenter called for a brief recess at 6:23 p.m. for parents and students of the above
groups to take photos:
Mayor Carpenter reconvened the regular meeting at 6:27 p.m.
City Events and Announcements
• Announcements of upcoming City Events (B. James/D. Wait /S. Gonzalez)
1.0 -24 -201.7 Minutes Page - 2 -
Mayor Carpenter recognized Executive Director Dudley Wait who provided the following
announcements:
Thursday, October 26th
Simonson Volunteer Appreciation Dinner 6:30 pm, Schertz Civic Center
Friday, Saturday and Sunday, October 2711 _29th
Skvfiaht Balloon Fest
River City Community Church Grounds, 16765 Lookout
This family friendly event features competitions, tett
trackless train rides, vendors and musical concerts. Con
more information.
Saturday, October 28, 2017 — Trunk or Trea
Pickrell Park.
Friday, November 3ra
8:00 am- check -in / 10:00 am
, November 101
November
start
clma, TX.
llooti rides, food trucks,
Chamber at 619 -1950 for
in Park, begins at 5:00 p.m.
to view Saturn, Andromeda and the tail
Contact Parks and Recreation to RSVP
Early Voting began Monday, October 23, 2017 and will continue until Friday, November
3rd. Information regarding Early Voting locations and times are posted on our city website.
Tuesday, November 7, 2017, 7:00 am to 7:00 pm, Election Day locations will be posted
on our city website.
• Announcements and recognitions by City Manager Q. Kessel)
1.0 -24 -2017 Minutes Page - 3 -
Mayor Carpenter recognized City Manager John Kessel who stated he would like to
recognize three departments and individuals by doing a project update on projects they are
working on.
• Parks Department — Veterans Plaza Project- Lauren Shrum - They have redone the small
trail that has been rerouted and now has more purpose. They have re- seeded the open area
in trying to get grass to grow back in the area. They have solved the issue regarding the
bricks. They will have the bricks ordered and installation will be done in- house. Jared
Motney, a new Parks employee, feels confident that he can get the bricks laid correctly.
• Engineering Department — Schertz Parkway Project - John'Nowak and Scott McLellan.
Mr. Kessel stated that they receive weekly reports o the pro 'ect; excavation has been
completed on the lane going toward FM 78, the subbase has been put in, concrete and
rebar has been started at the top of the hill and are working their way down, and a minor
pour on concrete started this afternoon on Macke Road. He stated there is an item on the
agenda this evening that will provide more details of the project.
• Fire Department - Fire Station #3 Project — Chief Kade Long. The property has 2 big
components: (1) We have the land to purchase, at Legl and Purchasing for final review. It
is his understanding that it will be�, ready for his signature -this week; (2) We also hit a mile
stone with a revised Guaranteed Maximum :Price (GMP} `estimate that actually hits our
budgeted number and feel confident in signing, that document, now because we are close
in price and scope that we can feel we can get there correctly. Mr. Kessel stated that
probably within 60 days or less Council 'will have an action item for the Guaranteed
Maximum Price (GMP):and you will seeds moving forward on this project.
Mayor
who spoke:
• Ms. Diana Taylor, — Sch It , who shared concerns regarding the speeding in her
neighborhood, and the need for,peed humps and for more police patrol. She stated in her
area that there have''
ave ' been recent thefts. Ms. Taylor also stated that they are still
experiencing problems with their homes. She thanked Mr. Kessel for sending his team of
Brian Jars and others for coming out to see those issues. She begged for help in the
Fairhaven area,,..
Ms. Taylor also thanked Councilmembers Edwards, Kiser and Crawford for their support.
She also stated that some members of Council need to be careful what they are posting on
Facebook.
Workshop
• Presentation on recent SchertzQ event and update regarding upcoming City Events. (S.
Gonzalez /L. Klepper /M. Spence)
1.0 -24 -201.7 Minutes Page - 4 -
Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez, Public
Affairs Director Linda Klepper and Events Manager Mary Spence who provided an
update on the recent SchertzQ event as well as plans for upcoming events and ideas for
enhancement of the programs moving forward. Information included:
• Focus on the why & what's important
• Jubilee - Fireworks, Parade, Carnival
• SchertzQ — BBQ Competition
• Breakeven on budget
Balance Revenues and Expenses
• Reduce Staff Time
• Provide local community events that Schertzresident will enjoy
SchertzQ Overview:
One -day event: September 16
• Sanctioned BBQ Cook -Off
• Kids Que (new addition to the event)
• Food Trucks
• Business - Retail Marketplde
• Live Music
Upcoming Events:
Park series 2017 -18
Veep the sanctioned BBQ competition in September
Continue to grow KidsQue
Add local cook -off element
"Fest"
Add to spring time event, such as Music in the Park
Mayor and Council provided their thoughts and ideas for possible events for staff to
consider as well as comments from the recent SchertzQ event held.
1.0 -24 -201.7 Minutes Page - 5 -
• Local Flavor Incentive Policy Update. (J. Kessel/K. Kinateder) (Item requested by
Councilmember Davis)
Mayor Carpenter recognized EDC Director Kyle Kinateder who provided an overview
with the following highlights:
EDO's Best Practices (Entrepreneurship & Small Businesses)
-Technical assistance
-Improve access to capital
-Remove disincentives & barriers to entrepreneurship
-Invest in basic infrastructure
-Provide assistance on permits, zoning, etc.
Mr. Kinateder stated that on May 2nd ajoint
Development Corporation (SEDC). Discuss:
Flavor (quality of life/restaurants/retails, enti
June 13th information was again provided
overview of the Assistance Center,
Some Incubator and Assistance !
Antonio, Austin), Liffund in San
Austin, Desoto RLF,(Delsoto).
was held with the Schertz Economic
ided SEDC (DrimarV,'ibbs),vs. Local
best practices of EDO and an
Peopl&Fund (New Braunfels, San
i, Texa's San Antonio, BigAustin —
Main Street:
-Improve access to capital
-Remove disincentives & barriers to entrepreneurship
-Invest in basic infrastructure
-Provide assistance on permits, zoning, etc.
10-24-2017 Minutes Page - 6 -
Mr. Kinateder and Executive Director Brian James addressed comments and questions
from Council. Some of the highlights of discussion involved:
• EDC's role and what they can help with in regard to infrastructure
• City utilizing funds from the 2009 Street Bond
• City's ability of refining the Main Street Grant program to include a program for
those structures less than 50 years old
• City coming up with a facade program
• City updating City ordinances
• City relaxing permit fees
Finally, Mayor and Council look forward to staff
for council to evaluate and discuss.
• Workshop and direction from City Counc
Council Appointed Boards, Commissions; a
Use May be Impacted by the Public Inforn-
Retention Policy (Item requested by Counc
Santee)
Mayor Carpenter recognized City Attorney Dan
presentation covering the following:
ideas and options
Training for City Council and
s regarding How Social Media
len Meetings Act, and Records
wford and Mayor Carpenter /D.
provided a PowerPoint
The goal is to create a, training outline, for Records Retention, Public Information Act,
Texas Open Meetings Act and the Use of Social Media by Elected and Appointed
Officials. Once it is finished and presented to Council, hopefully in a retreat setting, if
approved, they can then present it to the various board and committee members.
lose Statement: 'Once elected c►r: appointed, for purposes of the Texas Local
ernment Records Act; the City's Records Retention Policy, the Public Information Act,
Texas Open Meetings Aet, (the "Regulations ") you are a member of a governmental
r who must always evaluate your use of Social Media to see if it might be subject to
Records
• Local Government Records Act
Chapters 201 , 205 of Texas Local Government Code
Defines "local government records"
Requires a schedule of destruction
• Texas State Library Archives Commission is schedule of destruction adopted by City.
Dictates minimum length of time records must be retained.
Creates Various categories for different types of "records"
Creates Various times for retention of documents in each category
Creates exceptions to minimum lengths of time for record retention
Issues under the Records Retention Act:
1.0 -24 -201.7 Minutes Page - 7 -
Categories of records
When is a record not subject to retention
Public Information Act:
• Chapter 552 of Texas Government Code.
Defines "Public Information"
Dictates requirements for releasing Public Information when a request is made.
Issues under the Public Information Act:
What is official business?
What is the "Transaction of Official Business"
When are documents subject to the Texas Publid Information Act?
Texas Open Meetings Act:
• Defines meetings
• Creates penalties when the Act is
Criminal
Civil
• Provides exceptions to the Act
• Issues under the Texas Open Mee
What constitutes a meeting?
Social Media I
• Record
• Public
a Social Media Post become a "Local Government Record" subject to
a Social Media Post become subject to the Public Information Act?
What is the impact ofp Texas Open Meetings Act on social media forums
following thc,addition he
551.006?
Mayor and Councilembers provided their comments regarding the need for training.
Councilinember Thompson stated that once we have a training program that we should
collaborate with SGUCISD and others. Council members discussed needing best practices
and a need fora policy for guidelines and what would be the expectations after training.
Mayor and Council discussed repercussions and provided examples.
Council continued to discuss the need for training and gave direction to the City Attorney
to come up with training. Mr. Santee stated that he has, based on discussions this evening,
the information necessary and will also get with the City Manager and he will roll it out to
the Council first for their comments prior to rolling it out to the Boards and Commission
members. Mayor and Council stated they would like to have a special called meeting for
this item. Mayor :Pro -Tem Edwards suggested it be held in the Council Chambers to
ensure there will be adequate seating for any public guests.
1.0 -24 -201.7 Minutes Page - 8 -
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 stated that staff has requested that agenda item 3 be removed for separate action.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked fora, ,point of privilege and
made a motion to include agenda items 8, 9, 10 and 12 on consent, motion was seconded by
Councilmember Gutierrez. 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.
1. Minutes — Approval of the minutes of the :Regular Meeting of October 10, 2017. (J.
Kessel /B. Dennis)
2. Ordinance No. 17 -S -39 — Consideration and /or Action, approving an Ordinance amending
Part III Schertz Code of Ordinances, Unified Development Code, Article 1 General
Provisions. Final Reading (B. James/L. Wood/E. Gro )
The following was read into record:
ORDINAN
VIDIN
; YKVvJ
1E DATE
Em
?UNCIL OF THE CITY OF SCHERTZ,
IERTZ CODE OF ORDINANCES, THE
)C) ARTICLE 1 GENERAL PROVISION;
PARTS OF ORDINANCES IN CONFLICT
ING A SEVERABILITY CLAUSE; AND
4. Ordinance No. 17 -S -41 — Consideration and /or action approving an Ordinance amending
Part" 'R Schertz Code of Ordinances, Unified Development Code, Article 4, Section
21.4.15 Public Infrastructure Improvement Construction Plans and Community Facility
Agreements. Final Reding (B. James /L. Wood/C. Gould)
The following was read into record:
ORDINANCE NO. 17 -S -41.
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE
UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 4, SECTION 21.4.15 PUBLIC
INFRASTRUCTURE IMPROVEMENTS CONSTRUCTION PLANS AND
COMMUNITY FACILITIES AGREEMENTS AND ASSOCIATED UPDATES IN
1.0 -24 -2017 Minutes Page - 9 -
UDC ARTICLES 9, 12, AND 16; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
5. Ordinance No. 17 -S -42 — Consideration and /or action approving an Ordinance amending
Part III Schertz Code of Ordinances, Unified Development Code, Article 4, Section 21.4.3
Notice Requirements. Final Reading (B. James /L. Wood /C. Gould)
The following was read into record:
ORDINANCE NO. 17 -S -42
The following was
A RESOL
8. Cancellation of
the
5
record:
LUTION NO. 17 -R -92
CITY COUNCIL OF THE CITY OF SCHERTZ,
MBLIC , LIBRARY INTERLOCAL AGREEMENT
JNTY. ' TEXAS. AND OTHER MATTERS IN
7, 2017 . City Council Meeting — Consideration and/or
7, 2017 City Council meeting due to Election Night. (B.
ovember 7, 2017 . City Council Meeting
9. Calling a Special Meeting November 20, 2017 — Consideration and/or action calling a
special meeting on Monday, November 20, 2017 to canvass the results of the November 7,
2017 General. Election. (J. Kessel /B. Dennis)
Calling a Special Meeting on November 20, 2017 to canvass the results of the
November 7, 2017 election.
1.0 -24 -2017 Minutes Page -10 -
10. Resolution No. 17 -R -90 — Consideration and /or action approving a Resolution
authorizing the City Manager to enter into an agreement for the purchase of eight (8)
Patrol Vehicles. (D. Wait /M. Hansen /M. Bane)
The following was read into record:
RESOLUTION NO. 17 -R -90
A RESOLUTION BY THE CITY COUNCIL OF THE: -CITY OF SCHERTZ,
TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT FOR THE PURCHASE OF EIGHT (8) POLICE PATROL
VEHICLES.
12. Resolution No. 17 -R -95 — Consideration and /or action approving Resolution requesting
permission to apply for the 2017 Homeland Security Division Grant Fund for Hazmat
Equipment. (D. Wait/K. Long)
The following was read into record:
UTION NO. 1
Discussion
CouncilmemberLae tin stepped awayfrom the dais.
3. Ordinance No 17 -S -40 — Consideration and /or action approving an Ordinance amending
Part III Schertz Code of Ordinances, Unified Development Code, Article 3 Boards,
Commissions and Committees and associated updates in UDC Articles 4, 8, 9, 11 & 14.
Final Reading (B. James /L. Wood/E. Grobe)
The following was read into record:
ORDINANCE NO. 17-S-40
1.0 -24 -201.7 Minutes Page - 11 -
7.
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE
UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 3 BOARDS, COMMISSIONS
AND COMMITTEES AND ASSOCIATED UPDATES IN UDC ARTICLES 4, 89 99
11 & 14; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized City Planner Emily Grobe who stated there were three minor
modifications and corrections since the approval of ,first reading. Modification and
corrections included: Revision to the Ordinance Effective : date, removal of the last
sentence in UDC section 21.11.3G and correction to the Ordinance attachment for the
associated UDC revisions.
The
In
.17-S-43
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE
UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 14, SECTION 21.14.6.A
SIDEWALKS AND'HIKE AND BIKE TRAILS- REQUIREMENTS; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
Mayor Carpenter recognized City Planner Emily Grobe who stated there have been no
staff changes since first reading. The current UDC language states:
• Requirement
• Sidewalks shall be required along both sides of all streets throughout the
City as required in section 21.14.1, except along Interstate Highways 35
and 10. All lots must have access to concrete sidewalks.
• Proposed UDC Language:
1.0 -24 -201.7 Minutes Page -12 -
Requirement
• Sidewalks shall be required along both sides of all streets throughout the
City as required in section 21.14.1. All lots must have access to sidewalks.
Current UDC Language:
• Requirement
Sidewalks shall be required along both sides of all streets throughout the City as
required in section 21.14.1, except along Interstate Highw-as 35 and lO. All lots
y,
must have access to concrete sidewalks.
Proposed UDC Language:
• In order to promote the development of a walkable community, Staff is proposing
to revise UDC Section 21.14.6.A to remove the exemption for sidewalks along
Interstate Highways 35 and 10.
• Staff is proposing that UDC Section 21.14..A Sidewalks and Hike and Bike
Trails- Requirements be amended to read as'follo'ws:
Cou n cilth,em ber L arsofi retu rn ed:to the dais.
The following Was read into record:
RESOLUTION NO. 17-R-91
A RESOLUTION BY THE CITY COUNCIL AUTHORIZING A FOURTH
AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE ALAMO
AREA COUNCIL OF GOVERNMENTS (AACOG) TO PROVIDE FUNDING OF
$28,872.00 FOR TRANSIT SERVICES IN THE CITY OF SCHERTZ.
10-24-2017 Minutes Page -13 -
Mayor Carpenter recognized Executive Director Brian James who stated Schertz and
AACOG entered into an interlocal agreement for AACOG to provide the ART service in
2013. The agreement is amended annually to establish Schertz' financial contribution for
the upcoming year. A match of $28,872.00 is required this year, which is the same as last
year. The City has allocated funds as part of the current budget.
Staff is recommending that the City enter into an agreement with AACOG to continue to
provide transportation services. Staff has continued discussions with VIA about their
long -range planning efforts and discussed future transportation needs with TSAC.
Mayor Carpenter recognized Mayor Pro -Tem Edwards; who moved, seconded by
Councilmember Davis to approve Resolution No. 17- R -91., 'The vote was unanimous
with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson,
Thompson, Kiser and Crawford voting for and no one voting no motion passed.
13. Resolution No. 17 -R -93 -- Consideration and /or action approving a Resolution
establishing a public hearing date to consider land'` use assumptions and capital
improvements plan for the designated service area, ($�James /K. Woodlee)"
The following was read into
7 -R -93
Mayor Carpenter, recognized City Engineer Kathy Woodlee who stated Staff has been
working with Freese and Nicho Inc., to update the City's Thoroughfare Plan and
develop a roadway impact fee ordinance. A roadway impact fee provides a funding
meeh.nism for the ; ,implementation of roadway improvements that add capacity
necessitated by new development. The City currently charges water and sewer impact
fees. The' Teas Locat Government Code (TLGC) establishes the process and notification
requirements to adopt impact fees. The first step requires City Council to set a date for a
public hearing f6 ,consider the land use assumptions and capital improvements plan for the
area where impact fees are to be charged.
The requested action of City Council is approving the resolution setting the date for the
public hearing to consider adopting the land use assumptions and capital improvements
plan on November 28, 2017. If Council approves this resolution, staff will publish a
notice, as required by the TLGC, indicating the date of the public hearing.
1.0 -24 -201.7 Minutes Page -14 -
Adoption of the two items on November 28 will not create an impact fee. Council and the
Capital Improvements Advisory Committee (CIAC) will still have to consider and adopt
roadway impact fees and establish the amounts to be collected in each service area. Staff
anticipates that being considered by the CIAC on January 1.0 and in late January. The
TLGC outlines a notification and public hearing process for adoption of the impact fee
ordinance, which Staff expects to occur in the middle of March.
The CIAC recommended a few minor changes be made to the Draft Capital Improvements
Plan. An additional change is necessitated by the proposed boundary agreement with
Cibolo that is on this agenda for consideration by City Council. The attached version of
the Draft Capital Improvements Plan includes the changes recommended by the CIAC and
the proposed boundary change. Ms. Woodlee addressed questions from Council.
The following was read into record:
LUTION NQ, ,17 -R -94
A RESOLUTION BYTHECITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
INCREASING THE BUDGET EXPENDITURES FOR THE CONTRACT WITH
CAPITAL EXCAVATION COMPANY RELATING TO THE RECONSTRUCTION
OF SCHERTZ PARKWAY FROM MASKE ROAD TO LIVE OAK ROAD
Mayor Carpenter recognized Engineer John Nowak who spoke about the ongoing
improvements to Schertz Parkway from Maske Road to Live Oak Road. The contractor
has discovered some unforeseen conditions in regard to curb embedment depth. It is not as
deep as was virginally believed; thus, creating some additional problems for the project.
This discovery means we can't dowel the curb to new pavement which results in
decreasing the. curb stability and reduces the bond between the curb and the pavement.
Potential ramifications include the curb can shift or fall over during construction and water
intrusion along the curb (long term issue).
However, there are some positive aspects. The curb appears fairly stable. Only small
areas have appeared to have moved. Initial excavation efforts have not caused curb
movement and initial compaction efforts have not caused any movement. We have some
options available to prevent water intrusion.
1.0 -24 -201.7 Minutes Page -15 -
15.
Therefore, their recommendations are as follows: Replace the curb only when necessary.
The plan is to prepare for the worst -case scenario, which would include a full replacement
of the curb. Funding is available from the excess 2009 Bond project to provide for an
additional maximum cost of $141,000. He provided pictures of portions of the curb that do
need to be replaced.
The Construction of the project began the 5th of October and on October 20th the first
concrete pour took place. Estimated completion of the southbound lane is December. The
estimated project completion date is April 8, 2018.
Mr. Nowak and Executive Director Brian James addressed questions and comments from
Mayor and Council. After several questions from Council it was the consensus to repair
the street correctly by including the replacement ofthd;curbing.
Mayor Carpenter recognized Councilmember Crawford who moved, seconded by Mayor
Pro -Tem Edwards to approve Resolution No 7 -R -94, with the $141,000 addition to the
total of $1,168,685 to include the work to replace tie curbing on all four sides of the two
streets.
ante No. 17 -A -44 ' Consideration and /or action approving an Ordinance
ning and approving a boundary agreement establishing the municipal boundary
m the City of chertz : 'And the City of Cibolo for property located within the
t ad development (First Reading) (B. James /L. Wood/B. Cox)
The following was read into record:
ORDINANCE NO. 17 -A -44
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ
CONFIRMING AND APPROVING A BOUNDARY AGREEMENT
ESTABLISHING THE MUNICIPAL :BOUNDARY BETWEEN THE CITY OF
SCHERTZ AND THE CITY OF CIBOLO; AND PROVIDING AN EFFECTIVE
DATE.
1.0 -24 -201.7 Minutes Page -16 -
Mayor Carpenter recognized Senior Planner Bryce Cox who stated The Homestead master
plan (previously known as Nortex Farms) was originally approved on June 17, 2014 as
part of the adoption of the Planned Development District (PDD). This master planned
development covers approximately 667 acres, with approximately 433 acres being in
Schertz and 234 acres in Cibolo. A future collector roadway that is oriented east /west is to
be located near the current boundary between the two cities. The staff from both cities and
the developer agree that adjusting the boundary between the two cities to follow the
proposed road will be beneficial to both cities as it will serve to clearly mark the city
limits, identify roadway maintenance responsibilities, and keep areas in Homestead from
being split between the cities.
This a previous version of this ordinance that was apl
City Council on July 11, 2017. It was also concurrer
Cibolo City Council who did not approve the,, agrci
Cibolo City Council regarding the transfer -6f df' land
representatives from both cities have met and revised tl
switch the roadway segments. The current proposal
Cibolo so that Cibolo will be responsible for the io nd
east. Additionally, Cibolo will transfer land to Schert2
the roadway section west of the round -a -bout. This curr
October 10, 2017 Cibolo City Council:ecting where it
The goal of this boundary agreement is
Schertz and the City of Cibolo to follow, t
Homestead Master Development Plan.
proved' on first reading by Schertz
fitly taken on the same day to the
tent. There ' Were questions from
to Schertz. Siri. that time staff
proposed road? ownership to
for Schertz to transfer land to
1 -bout and roadway section to the
so that Schertz is responsible for
rat agreement was presented at the
limits between the City of
,r road that is planned in the
The boundary agreement would place the roadway section west of the round -a -bout in
Schertz' city limits and the city would be responsible for future maintenance of the road.
The round -a -bout and roadway section to the east would be in Cibolo's city limits. The
split section ownership of the roadway provides for clear ownership of the roadway and
allows each city to bear part of the responsibility for future roadway maintenance.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Councilmember Crawford to approve Ordinance No. 17 -A -44 first reading. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez,
1.0 -24 -201.7 Minutes Page -17 -
Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion
passed.
16. Ordinance No. 17 -D -45 -- 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 111 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 1.1.03, for a distance of 0.227
miles approximately to 45 MPH. First and Final Reading and declaring an emergency.
(B. James /K. Woodlee /C. Palomo)
The following was read into record:
l ' 1 AZ I�
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY ELF 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
Mayor Carpenter recognized City Engine+
they came before Council asking to pass
the construction area of FM 1.103 and
documentation they, stated they had erred
45 mph. When stiff inquired if we could
executed ordinzince, they said no, it has to
Therefore, this item is to revise the ordina
ithy Woodlee who stated about a month ago
rdinance establishing the speed zone around
35. ' When staff sent TxDOT the executed
first time and that the speed limit should be
leave it at the lesser speed indicated on the
a alignment with their specific guidelines.
aat was passed last month.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Ctiuncilmember, Gutierrez to approve Ordinance No. 17 -D -45 first and 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.
MotioI passed.
Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call vote for
agenda items 1 -16.
Closed Session
Mayor Carpenter convened into Closed Session at 9:31 p.m.
17. City Council will meet in closed session under section 551.087 of the Texas Government
Code, Deliberation :Regarding Economic Development Negotiations; Closed Meeting. The
1.0 -24 -2017 Minutes Page - 18 -
governmental body is not required to conduct an open meeting (1) to discuss or deliberate
regarding commercial or financial information that the governmental body has received
from a business prospect that the governmental body seeks to have locate, stay, or expand
in or near the territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of a financial
or other incentive to a business prospect.
Project E -033
Reconvene into Regular Session
Mayor Carpenter reconvened into Regular Session at 10: 04
17a.
Take any action based on discussions held in
No action was taken.
Requests and Announcements
18.
19.
Announcements by City
No further announcements were
Mayor and Council members to reque
under
Item 17.
on a future agenda.
incilmember Thompson who stated he would like to see a
,oviding information about speedbumps and speedhumps.
Zese, how are, they paid for, criteria needed for approval,
Cation how can we notify HOA presidents if they wish to
-ed summarizing for staff to present an overview to the
when they make sense from an engineering perspective
process would be for a neighborhood to formally request
cognized Mayor Pro -Tem Edwards who stated at the TML Conference
Was present who did an interactive soccer wall. He was wondering if
,omact them and invite them to set up at our upcoming Festival of
stated they would be happy to reach out to them.
Mayor Carpenter recognized Councilmember Crawford who stated Mr. Kessel recently
sent him an e -mail about the shredding program. The City of Live Oak will have theirs
going on November 4th at the fire station. He stated he would visit with Mr. Kessel about it
next week.
20. Announcements by Mayor and Councilmembers
10 -24 -2017 Minutes Page -19 -
I
• 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 thanked several individuals
for their participation in a recent festival and the Meet the Candidates event. He stated he
also drove through Misty Woods the other night and noticed a whole band of coyotes. He
would like our Code Compliance staff to meet with the builde>?s as the coyotes are
attacking trash cans /dumpsites and feeding off trash left behr�rid by the construction crews.
Mayor Carpenter stated the local Masonic Lodge had a,car show aver the weekend and a
few weeks ago the Friends 4 Fischer House had tine: He also attended a couple of other
festivals recently; this is a vibrant community, with fun things to go'toAhat are put on not
only by the city but other entities as well. There were big turnouts for all df theses events.
Adjournment
1.0 -24 -2017 Minutes Page - 20 -
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: November 14, 2017
Department: Planning & Community Development
Subject: Ordinance No. 17 -A -44 — Consideration
and/or action approving an ordinance
confirming and approving a boundary
agreement establishing the municipal
boundary between the City of Schertz and the
City of Cibolo for property located within the
Homestead development (Final Reading)
BACKGROUND
The Homestead master plan (previously known as Nortex Farms) was originally approved on
June 17, 2014 as part of the adoption of the Planned Development District (PDD). This master
planned development covers approximately 667 acres, with approximately 433 acres being in
Schertz and 234 acres in Cibolo. A future collector roadway that is oriented east /west is to be
located near the current boundary between the two cities. The staff from both cities and the
developer agree that adjusting the boundary between the two cities to follow the proposed road
will be beneficial to both cities as it will serve to clearly mark the city limits, identify roadway
maintenance responsibilities, and keep areas in Homestead from being split between the cities.
This a previous version of this ordinance was approved on first reading by Schertz City Council
on July 11, 2017. It was also concurrently taken on the same day to the Cibolo City Council who
did not approve the agreement. There were questions from Cibolo City Council regarding the
transfer of land to Schertz. Since that time staff representatives from both cities have met and
revised the proposed roadway ownership to switch the roadway segments. The current proposal
is for Schertz to transfer land to Cibolo so that Cibolo will be responsible for the round -a -bout
and roadway section to the east. Additionally, Cibolo will transfer land to Schertz so that Schertz
is responsible for the roadway section west of the round -a -bout. This current agreement was
presented at the October 10, 2017 Cibolo City Council meeting where it was approved.
City Council approved this on first reading at their meeting of October 24, 2017.
City Council Memorandum
Page 2
Goal
The goal of this boundary agreement is to adjust the city limits between the City of Schertz and
the City of Cibolo to follow the east west collector road that is planned in the Homestead Master
Development Plan.
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. This boundary adjustment will provide for clear delineation of
roadway ownership and maintenance responsibilities and will provide a logical city limit line.
Summary of Recommended Action
Approval of Ordinance 17 -A -44 adjusting the boundary in this area so that the city limits will
follow the outside edges of the street right -of. -way as shown in the attached exhibit. Schertz
would be transferring approximately 0.7139 acres of land to Cibolo and Cibolo would be
transferring approximately 6.847 acres of land to Schertz. There are no planned developable lots
being transferred in this agreement. The areas being transferred out of Schertz into Cibolo are
shown on the master plan to be right -of -way. The areas being transferred out of Cibolo into
Schertz are shown on the master plan to be right -of -way, private park /open space, and a narrow
frontage portion of the townhome section of the Homestead development.
The boundary agreement would place the roadway section west of the round -a -bout in Schertz'
city limits and the city would be responsible for future maintenance of the road. The rounda-
bout and roadway section to the east would be in Cibolo's city limits. The split section
ownership of the roadway provides for clear ownership of the roadway and allows each city to
bear part of the responsibility for future roadway maintenance.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends approval of Final Reading of Ordinance No. 17 -A -44.
ATTACHMENT
Ordinance No. 17 -A -44
Boundary Agreement
New Proposed Boundary Exhibit
July 17 Old Boundary Proposal.
ORDINANCE NO. 1.7 -A -44
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ CONFIRMING AND APPROVING A BOUNDARY
AGREEMENT ESTABLISHING THE MUNICIPAL BOUNDARY
BETWEEN THE CITY OF SCHERTZ AND THE CITY OF CIBOLO;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Schertz and City of Cibolo (collectively referred to as the "Cities ") are
neighboring and adjacent home rule municipalities that are empowered to establish and expand
their corporate boundaries through annexation; and
WHEREAS, the Cities share common corporate boundaries, and such commonality shall
increase as a result of future annexations by both Cities; and
WHEREAS, the Cities, by virtue of their inherent authority as home rule municipalities, and
state statutes, including Texas Local Government Code Section 43.031, may agree on the Cities
mutual boundaries; provided that such agreement does not change either City's existing
boundaries of any area by more than 1000 feet; and
WHEREAS, in particular, the City Charter of the City of Schertz, Sections 1.02 (a) and (b)
authorizes City Council, by ordinance, to annex territory lying adjacent to the City, with or
without the consent of the owners or inhabitants thereof, thereby extending and enlarging the
bounds and limits of the City in any manner provided by law; and, to extend the City's
extraterritorial jurisdiction boundaries in such manner as provided by state law; provided that a
map depicting such changes is maintained by the City Secretary and the City Manager in a
public place; and
WHEREAS, in accordance with such authority the Cities seek to avoid conflicts and
uncertainty relative to the extent and location of their respective corporate boundaries; and the
potential for litigation involving the same; and
WHEREAS, the Cities, desire to approve, a municipal boundary clarification agreement which
is attached and incorporated herein as Exhibit "A" (hereafter referred to as the "Boundary
Agreement "); and, which confirms and adjusts the Cities boundaries as authorized by this
Ordinance and a similar ordinance passed by Cibolo; and
WHEREAS, the developer of the Homestead Subdivision, as owner of the real property
affected by the boundary adjustment reflected in the Boundary Agreement, has requested the
boundary adjustment and has agreed to pay any recordation fees incurred by the City to
accomplish the requested boundary adjustment; and
Page 1
WHEREAS, the Cities find and determine it necessary for the health, safety and welfare of
their residents to confirm boundaries and make certain agreements and adjustments regarding
their respective corporate boundaries.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, THAT:
SECTION 1. The legislative findings set out above, are hereby adopted and incorporated herein
for all purposes.
SECTION 2. The Boundary Agreement attached hereto as Exhibit "A" is hereby approved
and fully incorporated in this Ordinance. The City Manager is hereby authorized to execute an
agreement in substantive form as Exhibit "A ", and such other documents that are reasonably
necessary to facilitate the purpose of this Ordinance.
SECTION 3. The City Manager is hereby authorized and directed to have the official map of
the City's corporate limits revised to reflect the revisions authorize under the Boundary
Agreement; provide all required notifications, of the changes to the corporate limits made
effective by this ordinance, to appropriate state and county officials; and take such other
necessary and proper action, in accordance with the laws of this state and the City Charter to
memorialize the revision to the City of Schertz's corporate boundaries as established by the
Boundary Agreement.
Approved on first reading the 24th day of October, 2017.
PASSED, APPROVED AND ADOPTED on final reading the 14th day of November, 2017.
ATTEST:
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
Michael R. Carpenter, Mayor
Page 2
EXHIBIT "A" TO ORDINANCE THE "CIBOLO /SCHERTZ MUNICIPAL
BOUNDARY AGREEMENT"
Page 3
STATE OF TEXAS §
COUNTY OF GUADALUPE §
CITIES OF CIBOLO AND SCHERTZ MUNICIPAL BOUNDARY AGREEMENT
This MUNICIPAL BOUNDARY AGREEMENT ( "Agreement "), dated , 2017 ( "Effective
Date "), made by and between the CITY OF CIBOLO, a Texas home rule municipality with corporate
boundaries extending within Guadalupe County, Texas ( "Cibolo "), and the CITY OF SCHERTZ, a Texas
home rule municipality with corporate boundaries extending within Bexar, Comal and Guadalupe Counties,
Texas ( "Schertz ").
Whereas, Texas Government Code Section 43.031 authorizes adjacent municipalities to mutually agree to
change their boundaries of areas that are less than 1000 feet in width;
Whereas, the developer of the Homestead Subdivision (hereinafter "requestor ") has requested the boundary
adjustment described in this Agreement; and
Whereas, the requestor is the owner of all of the real property that is the subject to the boundary adjustment,
and has confirmed its commitment to pay any recordation costs required to memorialize the boundary
adjustment; and
Whereas, the Cibolo City Council approved this agreement and authorized its execution by the passage of
Ordinance No. , on , 2017; and
Whereas, the Schertz City Council approved this agreement and authorized its execution by the passage of
Ordinance No. , on 2017.
NOW THEREFORE FOR GOOD AND VALUABLE CONSIDERATION the sufficiency and receipt
which is confessed by Cibolo and Schertz, (collectively the "Cities ") said Cities do hereby agree as follows:
SECTION 1. Boundary changes authorized. The change of boundaries between Schertz and Cibolo
applies to the land described by field notes designated as Tract I/Exhibit "A"; Tract 2 /Exhibit `B "; Tract
3 /Exhibit "C "; and Tract 4 /Exhibit "D" as follows:
(a) From Cibolo to Schertz.
(i) Tract 1. As described in Exhibit "A ", Tract 1, a 1.645 acre tract, is
transferred from the City of Cibolo's corporate limits to the City of Schertz's
corporate limits.
(ii) Tract 3. As described in Exhibit "C ", Tract 3, a 5.202 acre tract, is
transferred from the City of Cibolo's corporate limits to the City of Schertz's
corporate limits.
(b) From Schertz to Cibolo.
(i) Tract 2. As described in Exhibit "B ", Tract 2, a 0.0029 acre tract, is
transferred from the City of Schertz's corporate limits to the City of Cibolo's
corporate limits.
r-
(ii) Tract 4. As described in Exhibit "D ", Tract 4, a 0.711 acre tract, is
transferred from the City of Schertz's corporate limits to the City of Cibolo's
corporate limits.
SECTION 2. Boundary Agreement Clarification Map Approve.
The Boundary Agreement Clarification Map attached hereto as Exhibit "E is hereby approved by the Cities
and acknowledged to be a legal and binding document depicting the municipal corporate limits changes
between the City of Cibolo and City of Schertz, as authorized under Section 1, hereto.
SECTION 3. Amendment to Cities Corporate and Extraterritorial Maps.
Within sixty days of the Effective Date of this Agreement the City of Cibolo and City of Schertz shall take
such actions as shall be reasonably necessary to amend and revise their respective official maps, and other
related documentation to reflect the boundary between the Cities established by the Boundary Agreement
Clarification Map.
SECTION 4. Mutual Cooperation.
The Cities shall mutually cooperate, to the extent reasonably necessary, to:
(a) notify appropriate state and county officials, including but not limited to the Guadalupe
County Clerk and Tax Appraiser, of any change in corporate boundary caused by the
adoption of the Boundary Agreement Clarification Map;
(b) cause this Agreement to be recorded in the Public Records of Guadalupe County, Texas
and split those recordation costs not paid by the requestor, evenly;
(c) coordinate with such real property owners whose property may be effected by the
adoption of the Boundary Agreement Clarification Map.
SECTION 5. Term.
This Agreement, and the Boundary Agreement Clarification Map, shall remain in full force and effect until
such time that it is amended or rescinded by the mutual agreement of the Cities, as evidenced by the passage
of an Ordinance by the Cities respective Counsels.
SECTION 5. Severability of Provisions.
If any clause or provision of this Agreement is held invalid, illegal or unenforceable under present or future
federal, state or local laws, then and in that event it is the intention of the Cities that such invalidity, illegality
or unenforceability shall not affect any other clause or provision hereof and that the remainder of this
Agreement shall be construed as if such invalid, illegal or unenforceable clause or provision was never
contained herein.
SECTION 6. Entire Agreement
This Agreement constitutes the final and entire Agreement between the parties hereto and contains all of
the terms and conditions agreed upon. No other agreements, oral or otherwise, regarding the subject matter
of this Agreement shall be deemed to exist or to bind the parties hereto unless same be in writing, dated
subsequent to the date hereof, and duly executed by the parties.
SECTION 7. Captions and Exhibits.
The captions contained in this Agreement are for convenience of reference only, and in no way
limit or enlarge the terms and /or conditions of this Agreement.
All Exhibits to this Agreement are incorporated by reference herein for all purposes and include
the following:
(a) Exhibit "A ", field notes of Tract 1, a 1.645 acre tract.
(b) Exhibit "B ", field notes of Tract 2, a 0.0029 acre tract.
(c) Exhibit "C ", field notes of Tract 3, a 5.202 acre tract.
(d) Exhibit "D ", field notes of Tract 4, a 0.71.1 acre tract.
(e) Exhibit "E" the boundary clarification map.
SECTION 8. MULTIPLE ORIGINALS
This Agreement may be executed in multiple originals. The Cities agree that it is not necessary for
each or every party to execute the same physical document. This Agreement binds Cibolo and
Schertz upon execution by an authorized representative of Cibolo and of Schertz.
(The remainder of this page intentionally remains blank and the signature page follows.)
Page 3
EXECUTED in duplicate originals to be effective as of the date set forth above.
Robert Herrera, City Manager
Peggy Cimics, City Secretary
State of Texas
County of Guadalupe
This instrument was acknowledged before me on the day of , 2017 by Robert Herrera, City
Manager of the City of Cibolo, a Texas home rule municipal corporation, on behalf of said municipality.
(Personalized Seal)
Page 4
Notary Public's Signature
EXECUTED in duplicate originals to be effective as of the date set forth above.
CITY OF SCHERTZ
John Kessel, City Manager _
/r N -M
Brenda Dennis, City Secretary
State of Texas
County of Guadalupe
This instrument was acknowledged before me on the day of , 2017 by John Kessel, City
Manager of the City of Schertz, a Texas home rule municipal corporation, on behalf of said municipality.
(Personalized Seal)
Page 5
Notary Public's Signature
Page 7
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Page 11
Page 12
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Page 13
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Page 15
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(Boundary Clarification Map: Tracts 1, 29 3 and 4)
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Firm Registration No. F-786
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MALONE*WHEELER
SINCE INC 1995
CIVIL ENGINEERING * DEVELOPMENT CONSULTING * PROJECT MANAGEMENT
5113 Southwest Pkwy, Suite 260
Austin, Texas 78735
Phone: (512) 899-0601 Fax: (512) 899-0655
Firm Registration No. F-786
CITY COUNCIL MEMORANDUM
City Council Meeting: November 14, 2017
Department:
Subject:
City Manager
2018 Master Calendar
Agenda No. 3
Each year staff drafts a Master Calendar that serves as a planning too] for the upcoming year.
This year, staff recommends to continue the "Council on the Go" series, as it continues to be a
successful community outreach tool and well received. We propose these meetings to be held on
the following dates: February 20th, April 17th and May 29th Staff is working to secure locations
in different areas of the city and plan accordingly.
During the year City Council attend multiple retreats which are notated on the Calendar:
• Strategic Planning Retreat — 3rd Friday in January (January 19th)
• Pre - Budget Retreat — 4th Friday in March (March 23rd)
• Budget Retreat — 4th Friday in July (July 27th)
• Teambuilding Retreat — 1st Friday in December (December 7th)
All above changes are reflected on the 2018 Master Calendar.
FISCAL IMPACT:
None
RECOMMENDATION:
Staff recommends Council approval of the Master Calendar with the following considerations:
• Cancel the January 2, 2018 Council Meeting due to New Year's Holiday
• Cancel the July 3, 2018 Council Meeting due to Independence Day Holiday
• Cancel the October 2, 2018 Council Meeting due to Texas National Night Out
• Cancel the November 6, 2018 Council Meeting due to Election Day
• Cancel the December 25, 2018 Council Meeting due to December Holidays
• Schedule a November 19, 2018 Council Meeting to canvass election results and swear -in
new and/or re- elected Councilmembers
• Schedule a December 18, 2018 . Council Meeting due to December Holidays
ATTACHMENTS:
City of Schertz Master Calendar /City Council Calendar 2018 .
Council/Boards /Commissions Calendar 2018
City of Schertz Master Calendar 2018 - Draft
INIIINIIINIIINIIINIIININNINNWYYYM I I� NIIMNIMwAMNNYIIMNIMwAM YININNYIIMNIMwAMM YININNYINXNIMwAMNNYI
S M T W T F S s M T W T F S 8 Trail Rider Lunch
1 New Years Day (office closed) I 1 2 3 t ''.ri 5 s ,; 2 3 14 Valentines Day
15 MLK Holiday (office closed) 7 „ , , 9 11 12 13 4 6 z a 9 10 14 Ash Wednesday
14 15 16 1 18 :5: 20 11 12 13 15 16 17 16 Chinese New Year (Year of the Dog)
21 2 `;, 23 26 27 18 19, , >', +)�'._ 23 24 19 Presidents Day Holiday (office closed)
28 29 30 31 . 25 2,�;'; _ 27 y 24 Selma- Schertz 5K Run
2 Texas Independence Day
3 Wilenchik Walk for Life
11 Daylight Savings Begins
12 -16 SCUCISD Spring Break
17 St. Patrick's Day
20 Employee Remembrance Day
20 Spring Begins
25 Palm Sunday
30 Mar. - 7 Apr. Passover
30 Good Friday
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1 Easter
19 Community Volunteer Fair
19 -29 Fiesta Weeks
25 Administrative Professionals' Day
3 Labor Day Holiday (office closed)
9 -11 Rosh Hashanah
11 Patriot Day
15 SchertzQ
18 -19 Yom Kippur
19 -23 Comal County Fair
22 Autumn Begins
2 Hal Baldwin Golf Tournament
4 Daylight Savings Time Ends
6 Election Day
11 Veterans Day (office closed Nov. 12)
22 Thanksgiving (offices closed Nov. 22 & 23)
SCUCISD Holidays are in red
S M T W T FS
f'3a 2 3
4 6 7 8 9 10
11 12 13 ��� '1�,It(' 16 17
18 19 20 ;,., 22 23 24
27 28 29 30�
Council Meeting
Council on the Go Meeting or Retreat
ALM
City Holidays (office closed)
SSLGC
** *Dates are subject to change. Check www.schertz.com for updated information * **
2 Texas National Night Out
8 Columbus Day Holiday (office closed)
9 -12 Annual TML Conf. - Ft. Worth
11 -14 Guadalupe County Fair
16 Boss's Day
27 Trunk or Treat
31 Halloween
1 Schertz Festival of Angels
2 -10 Hanukkah
21 Winter Begins
25 Christmas Day (office closed Dec. 24 & 25)
26 Dec. -1 Jan. Kwanzaa
31 New Years Eve (office closed)
P &Z Comm Trans Safety Adv Comm
Library Adv Bd Board of Adjustments
�s'ts(ylat Econ Dev Corp Parks & Recreation Adv Board
CVLGC Historical Preservation Comm
Committee of Committees Advisory Board
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11 Patriot Day
15 SchertzQ
18 -19 Yom Kippur
19 -23 Comal County Fair
22 Autumn Begins
2 Hal Baldwin Golf Tournament
4 Daylight Savings Time Ends
6 Election Day
11 Veterans Day (office closed Nov. 12)
22 Thanksgiving (offices closed Nov. 22 & 23)
SCUCISD Holidays are in red
S M T W T FS
f'3a 2 3
4 6 7 8 9 10
11 12 13 ��� '1�,It(' 16 17
18 19 20 ;,., 22 23 24
27 28 29 30�
Council Meeting
Council on the Go Meeting or Retreat
ALM
City Holidays (office closed)
SSLGC
** *Dates are subject to change. Check www.schertz.com for updated information * **
2 Texas National Night Out
8 Columbus Day Holiday (office closed)
9 -12 Annual TML Conf. - Ft. Worth
11 -14 Guadalupe County Fair
16 Boss's Day
27 Trunk or Treat
31 Halloween
1 Schertz Festival of Angels
2 -10 Hanukkah
21 Winter Begins
25 Christmas Day (office closed Dec. 24 & 25)
26 Dec. -1 Jan. Kwanzaa
31 New Years Eve (office closed)
P &Z Comm Trans Safety Adv Comm
Library Adv Bd Board of Adjustments
�s'ts(ylat Econ Dev Corp Parks & Recreation Adv Board
CVLGC Historical Preservation Comm
Committee of Committees Advisory Board
City of Schertz City Council Calendar 2018 - Draft
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Council Meeting
Council on the Go Meeting
Special Called Council Workshop /Retreat
** *Dates are subject to change. Check www.schertz.com for updated information * **
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Council Meeting
Council on the Go Meeting
Special Called Council Workshop /Retreat
** *Dates are subject to change. Check www.schertz.com for updated information * **
2018 Council /Boards /Commissions - Draft
Citv Council Meetinas
Day: 1st 2nd and 4th Tuesdays of the month (see calendar for proposed cancelled meetings)
Time: 6:00 pm
Location: Council Chambers
NOTE: On the Tuesday of the following months, Council will hold "Council on the Go" meetings (locations TBD):
February 20th, April 17tH May 29th
Board of Adjustments
Day: 4th Monday of the month
Time: 6:00 pm
Location: Council Chambers
NOTE: During the following months, BOA will meet on the following date:
May 21 st (the 31d Monday)
December 17th (the 31 Monday)
Economic Development Corporation
Day: 4th Thursday of the month
Time: 6:00 pm
Location: Council Chambers
NOTE: During the following months, EDC will meet on the following date:
November 151h (the 31 Thursday)
December 13th (the 2nd Thursday)
Library Advisory Board
Day: 1st Monday of the month
Time: 6:30 pm
Location: Library - Meeting Room 1
NOTE: There will be no meeting in July
During the following months, the Library Board will meet on the following date:
January 8th (the 2nd Monday)
September 10th (the 2nd Monday)
Parks & Recreation Advisory Board
Day: 4th Monday of the month
Time: 5:30 pm
Location: Bob Andrews Conference Room
NOTE: During the following months, the Parks Board will meet on the following date:
May 21 st (the 31d Monday)
December 17th (the 31 Monday)
Planning and Zoning
Day: 2nd and 4th Wednesdays of the month
Time: 6:00 pm
Location: Council Chambers
NOTE: During November and December, P &Z only meets once a month:
November 14th (the 2nd Wednesday)
December 121h (the 2nd Wednesday)
Transportation Safety Advisory Commission
Day: 1 st Thursday of the month
Time: 5:30 pm
Location: Council Chambers Conference Room
NOTE: There will be no meeting in July or December
Committee of Committees Advisory Board
Day: 3rd Wednesdays of the month:
Time: 3:00 pm
Location: Council Chambers Conference Room
Historical Preservation Committee
Day: Quarterly on the 4th Thursday of the month:
January 25th, April 26th, July 26' and October 25th
Time: 6:30 pm
Location: Bob Andrews Conference Room
Schertz-Sequin Local Government Corporation
Day: 3 rd Thursday of the month
Time: 1:30 pm
Location: SSLGCAdmin. Office Building —108VK Mountain Street, Seguin TX 78155
Day: 4mThursday of the month
Time: 9:00 am
Location: Alternates between 3chedz&Cibolo— contact Angie K]oinyohmidt
NOTE: There will bono meeting inNovember
During the following months, CVLGC will meet on the following date:
May 231 or 24t' —joint meeting with cities of Cibolo and Schertz (5:30 or 6:30 prn start time)
December 8m (the 1*Thursday)
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting:
Department: Police
Subject: Resolution No. 17-R-96
Authorizing the City Manager to
enter into an agreement for the
purchase of thirteen (13) Watch
Guard in -car / body worn camera
system bundles.
Background
Within each fiscal budget year the Police Department requests to purchase in -car
video recording systems which coincides with the purchase of new patrol vehicles.
Additional units are purchased to replace malfunctioning, broken and out of warranty
video recording systems that are no longer serviced by the manufacturer. These
replacement and additional video recording systems now include an integrated body
worn camera that works in conjunction with the in -car video recording system.
It is the goal of the Police Department to purchase and maintain a single video
recording system that integrates the in -car video recordings, body worn video
recordings and interview room recordings into one single video recording system.
For the 201.7/ 2018 . budget year, the police department was approved to purchase
thirteen (13) in -car / body worn video recording systems.
Goal
To authorize the City Manager to execute the contract with Watch Guard for the
purchase of thirteen (13) Watch Guard in -car / body worn video recording systems.
Summary of Recommended Action
Approval of this resolution will allow the purchase of thirteen (13) Watch. Guard in-
car / body worn video recording systems. The purchase of these video recording
systems will be completed through Watch Guard, under BuyBoard agreement #524-
17
Fiscal Impact
The purchase of these recording systems will be funded through the city's general
fund. The fiscal impact of this project will be $81,510.00.
Recommendation
Approval of Resolution 17 -R -96
Attachment(s)
Resolution 17 -R -96
Quote from Watch Guard
RESOLUTION NO. 17-R-96
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT FOR THE PURCHASE OF THIRTEEN (13)
VIDEO RECORDING SYSTEMS.
WHEREAS, the Schertz Police Department has a need to purchase thirteen (13) in-car
body worn video recording systems; and
WHEREAS, the Schertz Police Department has done due diligence in investigating what
video recording system best suits the needs of the department, to obtain the best pricing and to
provide the best quality recording system that ensures longevity in its use; and
WHEREAS, the Schertz Police Department has chosen Watch Guard, a BuyBoard
National Purchasing Cooperative vendor, for the purchase of thirteen (13) in-car / body worn
video recording systems; and
WHEREAS, the BuyBoard National Purchasing Cooperative is a national online
purchasing cooperative formed between the National School Boards Association and several
state school boards associations, developed to comply with state laws which require government
entities to make purchases through a competitive procurement process; and
WHEREAS, BuyBoard gives public entities the advantage of leveraging the
cooperative's ability to obtain bulk discounts, combined with the ease of online, web-based
shopping and ordering; and
WHEREAS, purchases under the cooperative programs meet the requirements under the
Texas Local Government Purchasing Code rule for cooperative purchases as adopted by the City
of Schertz Resolution 11 -R -41 on August 30, 2011 amending the City's purchasing policy; and
WHEREAS, the City of Schertz will fund the purchase of the video recording systems
through the city's general fund.
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with Watch Guard, pursuant to the vendor quote and relevant BuyBoard award
information attached hereto as Exhibit A (the "Supporting Documentation").
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 accept the
BuyBoard quote attached in Exhibit A and issue a Purchase Order compliant with the BuyBoard
member procedures to Watch Guard, in the amount of EIGHTY ONE THOUSAND, FIVE
HUNDERED AND TEN DOLLARS ($81,510.00).
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 1.4 th day of November, 2017.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
50234811.1 A -�.
CUSTOMER: Schertz Police Department
Attn: Accounts Payable,
1404A Schertz Pkwy„
Schertz,TX,United States,
78154
ATTENTION: Marc Bane
PHONE:
210 - 619 -1200
BuyBoard # 524 -17
4RE/VISTA Price
Quote
ISSUED: 9/21/2017 5:59 PM
EXPIRATION: 12/31/2017 6:00 AM
SALES CONTACT: Dave Childress
DIRECT: (281) 782 -2544
E -MAIL: DChildressCWatchGuardVideo.com
4RE and VISTA Proposal
VISTA HD Cameras and Options
Part Number Detail
Qty
Direct
Discount
Total Price
VISTA HD WiFi and 4RE System Bundle.
Includes 4RE Standard DVR Camera System
with integrated 20OGB automotive grade hard
drive, ZSL camera, 16GB USB removable thumb
drive, rear facing cabin camera, GPS,
VIS- EXT -WIF -BUN hardware, cabling and your choice of mounting
13.00
$5,495.00
$0.00
$71,435.00
bracket. It will also include the VISTA HD Wi-
Fi Extended Capacity Wearable Camera with 9
hours continuous HD recording, one camera
mount, 32 GB of storage, Wi -Fi docking base,
Power over Ethernet Smart Switch
VIS- CHG -B52 -KIT VISTA Charging Base R2 Kit, incl. Power and
13.00
$95.00
$0.00
$1,235.00
USB Cables
VISTA HD Warranties
Part Number Detail
Qty
Direct
Discount
Total Price
WAR -VIS- CAM -1ST Warranty, VISTA 1st Year (Months 1 -12)
13.00
$0.00
$0.00
$0.00
Included
Evidence Library 4 Web Software and Licensing
Part Number Detail
Qty
Direct
Discount
Total Price
KEY- EL4 - DEV -004 Evidence Library 4 Web VISTA Combo- Discount
13.00
$75.00
$0.00
$975.00
Device License Key
KEY - EL4 -DEV -001 Evidence Library 4 Web 4RE In -Car Device
13.00
$150.00
$0.00
$1,950.00
License Key
4RE In -Car System and Options
Part Number Detail
Qty
Direct
Discount
Total Price
CAM -4RE- PAN -NHD Front Camera, 4RE, HD Panoramic, (Reduced 13.00 $200.00 $0.00 $2,600.00
EMI)
Wireless Video Transfer and Networking Options
Part Number Detail Qty Direct Discount Total Price
4RE -WRL -KIT -101 MikroTik Configured Wireless Kit, 4RE In -Car 13.00 $200.00 $0.00 $2,600.00
802.11n (Radio, Antenna, PoE, 2 -10' Ethernet
415 Century Parkway • Allen, TX • 75013
Toll Free (800) 605 -6734 • Main (972) 423 -9777 • Fax (972) 423 -9778
www.WatchGuardVideo.com
Page 1 of 2
Quote
Cables)
4RE Hardware Warranties
Part Number Detail
Qty
Direct
Discount
Total Price
WAR -4RE- CAR -1ST Warranty, 4RE, In -Car, 1st Year (Months 1 -12)
13.00
$0.00
$0.00
$0.00
Shipping and Handling
Part Number Detail
Qty
Direct
Discount
Total Price
Freight Shipping/ Handling and Processing Charges
1.00
$715.00
$0.00
$715.00
$81,510.00
Total Estimated Tax, may vary from State to State $0.00
Configuration Discounts
Additional Quote Discount
$0.00
$0.00
NOTE: This is only an estimate for 4RE & VISTA related hardware, software and WG Technical Services. Actual costs related to a
turn -key operation requires more detailed discussion and analysis, which wilt define actual back - office costs and any costs
associated with configuration, support and installation. Please contact your sales representative for more details.
To accept this quotation, sign, date and return with Purchase Order:
415 Century Parkway • Allen, TX • 75013
Toll Free (800) 605 -6734 • Main (972) 423 -9777 • Fax (972) 423 -9778
www.WatchGuardVideo.com
DATE:
Page 2 of 2
Agenda No. 5
CITY COUNCIL MEMORANDUM
City Council Meeting: November 14, 2017
Department: Fire
Subject: Resolution No. 17 -R -97 — A Resolution by the
City Council of the City of Schertz, Texas
authorizing the City Manager to sign an
Interlocal Agreement for Fire Protection
Services in Guadalupe County between the City
of Cibolo, the City of Schertz, and the City of
Seguin.
The Schertz Fire Department is charged with the responsibility of regional fire suppression,
protection and prevention. The Fire Department responds to fire and emergency calls in portions
of unincorporated Guadalupe County, and responds in support of other county departments when
needed. This has been an annual agreement between Seguin, Cibolo, and the City of Schertz.
One change to note, this year the agreement becomes a 3 year agreement instead of a one year
agreement.
Community Benefit
Providing Fire Protection Services to these areas outside the City typically does not adversely
impact our responses within the City. We would respond in that area for structure fires with or
without the agreement due to our area -wide mutual aid agreement. By maintaining this
agreement for Guadalupe County, we are able to receive some financial assistance along with
providing services in an area that would otherwise be without fire service.
FISCAL IMPACT
The City will receive revenue from the City of Seguin in the amount of $30,1.08 per year under
this agreement.
RECOMMENDATION
Staff recommends Council approval of Resolution 17 -R -97 to authorize the City Manager to sign
the Interlocal Agreement for Fire Protection Services in Guadalupe County between the City of
Cibolo, City of Schertz, and the City of Seguin.
ATTACHMENTS
Resolution 17 -R -97
ILA Agreement
Letter of Request
RESOLUTION NO. 17 -R -97
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN AN
INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES IN
GUADALUPE COUNTY BETWEEN THE CITY OF CIBOLO, CITY OF
SCHERTZ, AND THE CITY OF SEGUIN, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City of Schertz Fire Rescue Department provides fire service to the
citizens of Schertz and is a participant in multiple mutual aid agreements among other
jurisdictions to provide and receive fire and rescue services; and
WHEREAS, the County of Guadalupe has need of fire services in unincorporated
Guadalupe County and historically contracts with the nearest fire departments to provide that
service; and
WHEREAS, it is of benefit to both parties and to the residents in those areas, to enter into
this Agreement to efficiently provide that service to the areas designated in the Agreement ; now
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section 1. The City Council hereby authorizes the City Manager to execute the
Interlocal Agreement to provide fire service to areas within. Guadalupe County as set forth in
Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 14th day of November 2017.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL
This agreement is entered into by and between the City of Seguin ( "Seguin "), a municipal
corporation situated in Guadalupe County, Texas, the City of Schertz ( "Schertz "), a
municipal corporation situated in Guadalupe County, Texas, and the City of Cibolo
( "Cibolo "), a municipal corporation situated in Guadalupe County, Texas (collectively the
"Cities ").
Authority is granted pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas
Government Code.
WHEREAS, Guadalupe County desires to provide fire protection services to citizens of
the County residing outside the city limits of the City of Seguin, in an area more
particularly described in Exhibit "A" attached hereto and incorporate herein, hereinafter
called the "designated area "; and
WHEREAS, Guadalupe County desires to provide fire protection services to citizens of
the County residing outside the city limits of the City of Schertz, in an area more
particularly described in Exhibit "C " attached hereto and incorporate herein, hereinafter
called the "designated area "; and
WHEREAS, Guadalupe County desires to provide fire protection services to citizens of
the County residing outside the city limits of the City of Cibolo, in an area more
particularly described in Exhibit "C" attached hereto and incorporate herein, hereinafter
called the "designated area "; and
WHEREAS, Guadalupe County desires to provide backup fire protection services to the
Volunteer Fire Departments serving the unincorporated areas described in the above
Exhibit "B "; and
WHEREAS, the Cities currently provide fire protection services to their respective
residents with fulltime professional personnel on a twenty -four hour, seven days a week
basis and are willing to provide such services to certain areas of the County, according to
the terms and conditions stated in an Interlocal Agreement between Guadalupe County
and the City of Seguin;
NOON, THEREFORIE, in consideration of the mutual covenants and agreement stated
herein, the Cities agree as follows:
Im
The purpose of this agreement is to allow Seguin to provide fire protection services to the
designated areas as described in Exhibit "A;" to allow Schertz to provide fire protection
services to the designated areas as described in Exhibit "C;" and, to allow Cibolo to provide
fire protection services to the designated areas described in Exhibit "C ". Additionally, the
three cities will provide mutual aid fire protection services as needed to the other
unincorporated areas of Guadalupe County.
II.
The term of this agreement shall be for three years, beginning October 1, 2017 and ending
September 30, 2020.
III.
Seguin, Schertz and Cibolo agree to provide fire protection services to the designated
areas including extrication and other rescue services to support the EMS contract. Said
services shall be provided from existing fire station locations within each of the respective
Cities. It is understood and agreed that the fire fighting equipment and personnel of
Seguin, Schertz or Cibolo shall give priority to calls within their respective city at all times.
In the event of such emergency, the Seguin Fire /EMS Department, the Schertz Fire
Department and the Cibolo Fire Department will call upon its mutual aid agreements to
provide next available units.
IV.
Seguin agrees to pay the sum of $30,107.80 per year, paid in twelve monthly installments
Of $2,508.98 to the City of Schertz, and the identical sum to the City of Cibolo for services
rendered under this agreement following receipt of payment from Guadalupe County.
V.
The Cities agree that all equipment and personnel of Seguin, Schertz and Cibolo used in
the provision of services hereunder shall be and remain the sole management and
budgetary authority of the City Manager for each city.
kw
No amendment, modification, or alteration shall be binding unless the same be in writing,
dated subsequent to the date hereof and duly executed by the Cities.
VII.
Notice to the City of Seguin shall be delivered to the City Manager, City of Seguin, 205 N.
River Street, Seguin, Texas 78156. Notice to the City of Schertz shall be delivered to the
City Manager, City of Schertz, 1400 Schertz Parkway, Schertz, Texas 78154. Notice to the
City of Cibolo shall be delivered to: City Manager, City of Cibolo, 200 S. Main Street,
Cibolo, Texas 78108. This agreement shall be binding upon and inure to the benefits of
the Cities and their respective legal representatives, successors, and assigns where
permitted by this agreement.
VIII.
In case any one or more of the provisions contained in this agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
This agreement constitutes the sole and only agreement of the Cities and supersedes any
prior understandings or written or oral agreements between and the Cities respecting the
subject matter.
X.
To the fullest extent permitted by law, each City shall and does hereby agree to indemnity,
protect, defend, and hold harmless the other City, its officers, agents and employees, for,
from and against all claims, demands, liabilities, damages, costs, suits, losses, liens,
expenses, causes of action, judgments, and fees (including court costs, attorney's fees, and
costs of investigation), of any nature, kind, or description by, through, or of any person or
entity whomsoever arising out of, or alleged to have arisen out of, (in whole or in part) the
work to be performed, or in any way whatsoever in connection therewith. Pursuant to
Texas Government Code 791.006, the governmental unit that would have been
responsible for furnishing the services in the absence of a contract is responsible for any
civil liability that arises from the furnishing of those services. Nothing in this agreement
adds to or changes the liability limits and immunities for a governmental unit provided
by the Texas Tort Claims Act, Chapter 1o1, Civil Practices and Remedies Code, or other
law. This agreement is not a joint enterprise for the purpose of assigning or determining
liability.
XI.
Any of the Cities shall have the right to terminate this agreement with a ninety (9o) day
written notice.
WMI, r ml,
CITY OF SEQUIN
By: 1,e4oZ,
Doug as -G.- raseier
City Manager
City of Seguin
Attest.- t"llu'— 4-�)cvrlll l
Naomi Manski
City Secretary
By:
I Im "
City Manager
City of Cibolo
CITY OF SCHERTZ
By:
John Kessel
City Manager
Citv of Schert'y
Agenda No. 6
CITY COUNCIL MEMORANDUM
City Council Meeting: November 14, 2017
Department: Fire
Subject: Resolution No. 17 -R -98 - TIFMAS
Grant Acceptance for Type III
Fire Apparatus
BACKGROUND
Goal
Accept a grant from the Texas A &M Forest Service through the TIFMAS program for a Type
III Fire Apparatus.
Community Benefit
The Schertz Fire Rescue Department participates as a member of the Texas Intrastate Fire
Mutual Aid System (TIFMAS) in which the department responds to large -scale state disasters.
The TIFMAS program has been allocating firefighting equipment to alleviate the wear and tear
on equipment of local municipalities during these deployments. The equipment allocated is
available at no charge and can be used by the accepting jurisdiction for local events and mutual
aid with the understanding that the jurisdiction will use the equipment in response to state
requests for mutual aid.
This grant provides 100% of the cost of a fully equipped type III brush truck, including an
installed radio package and an equipment complement. The engine will be titled in the name
of the City of Schertz. This award is based on a point system and one component is being
awarded points for each deployment that our department participates in each year. Acceptance
of the grant does not mandate that we participate in every deployment. We are allowed to send
the apparatus with other area fire department members staffing the vehicle if we have an event
locally that we are preparing for. The value of this apparatus is approximately $285,000.
Summary of Recommended Action
Recommend approval.
FISCAL
This will be completely State funded and no matching City funds will be used. The only cost
to the City will be maintenance cost associated with the apparatus as well as insurance.
RECOMMENDATION:
Recommend approval.
Attachments:
Resolution. No. 17 -R -98
TIFMAS Grant Award Letter
TIFMAS Type 3 Equipment locations
Picture of TIFMAS Type 3 Engine /Brush Truck
RESOLUTION NO. 17 -R -98
A RESOLUTION BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY
MANAGER TO ACCEPT A TEXAS FOREST SERVICE
TEXAS INTRASTATE FIRE MUTUAL AID SYSTEM
(TIFMAS) GRANT FOR A TYPE 3 FIRE APPARATUS AND
AUTHORIZING CITY STAFF TO COMPLY WITH THE
TERMS OF THE GRANT.
WHEREAS, the City Council of the City of Schertz, Texas, values the safety of the
citizens of Schertz, Texas; and
WHEREAS, the City Staff of the City of Schertz (the "City ") has recommended that the City
Council authorize the acceptance a grant with Texas A &M Forest Service TIFMAS grant
relating to a Type III Apparatus for Schertz Fire Department; and
WHEREAS, no matching contribution is required; and
WHEREAS, The apparatus (fire engine) will be titled to the City and available for use by the
City in local /regional multiple alarm incidents, National Defense emergency
events, local community events, training of firefighters and as a standby when regular
apparatus are temporarily out of service.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council of the City of Schertz, Texas, hereby authorizes the City
Manager to accept the grant from the Texas A &M Forest Service to provide a TIFMAS
Type 3 Fire Engine:
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
50459012.1 A -1.
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 14th day of November, 2017.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
50459012.1 A -2
Schertz Fire Rescue
1400 Schertz Pkwy Bldg 8
Schertz, TX 78154
Dear Chief:
* TExAs A&M
November 1, 2017
Case: 1264
Your application for a grant for a Type 3 Engine under the TIFMAS Grant Assistance
Program has been APPROVED. The grant will pay 100% of the cost of a fully equipped
Type 3 Engine, including an installed radio package and loose equipment complement.
All Fire Trucks acquired under the TIFMAS Grant Assistance program are to be produced
under one common statewide standard. This ensures that the vehicles will be consistent in
type, design, markings, capability, and identification on assignments.
The Texas A &M Forest Service will order this completed truck on your behalf through
the state or federal contract purchasing process. We will pay the selected vendors on
your behalf via a third party vendor transaction. Your department will own the truck
subject to the Supplemental Terms and Responsibilities Agreement.
Please indicate below whether you wish to accept or decline this grant and then return a
signed copy to us within 14 days of receipt of this letter. Also, if you are accepting the
grant, please return to us a signed original copy of the Supplemental Terms and
Responsibilities Agreement.
Congratulations! Please contact us if you need additional information.
❑ Accept ❑ Decline
Signature and Title Date
—Y--
Texas A &M Forest Service
Attachment: 1) Supplemental Terms and Conditions Agreement
Texas A &M Forest Service Capacity Building Department
2127 S. First St. * Lufkin, Texas * 75901
TEL 936- 639 -8100 * FAX 936- 639 -8138
http://vvww.texasfd.com
1 � �
CASE# 1264
SUPPLEMENTAL TERMS AND RESPONSIBILITIES AGREEMENT
TEXAS INTRASTATE FIRE MUTUAL AID SYSTEM (TIFMAS)
VEHICLE GRANT
The Texas Legislature established the Texas Statewide Mutual Aid System to provide
integrated statewide mutual aid response capability between local government entities
without a written mutual aid agreement (Texas Government Code Sec. 418.111). In
support of this system, the TIFMAS Vehicle Grants are provided by the Texas A &M
Forest Service (TFS), a member of The Texas A &M University System and an agency
of the State of Texas, under the Rural VFD Assistance Program to help career fire
departments acquire fire and rescue apparatus to respond to statewide emergencies.
In consideration for the provision of TIFMAS Vehicle(s), Schertz Fire Rescue
of Guadalupe County, Texas, ( "Cooperator "), agrees to the terms and conditions set forth
herein. This agreement describes TFS' statutorily required administration and the terms
and responsibilities of Cooperator related to TIFMAS vehicle grants. The terms and
responsibilities of Cooperator provided in this agreement will be in effect for the entire
time Cooperator owns the TIFMAS Vehicle. Upon grant award, the following will apply:
TFS Authority and Responsibilities:
1. TFS will provide a standardized TIFMAS Vehicle titled in the name of Cooperator
under the following conditions:
a. TIFMAS Vehicle will be provided under a one - hundred percent grant
administered by TFS. The vehicle will be acquired on behalf of the
Cooperator from a vendor selected by TFS.
b. Specifications for TIFMAS Vehicle will be developed by TFS.
c. TIFMAS Vehicle will include loose equipment per TFS specifications.
2. TFS will perform an inspection after the TIFMAS Vehicle has been purchased and
delivered and will document the vehicle on a TIFMAS Vehicle Equipment List,
signed by both parties.
3. TFS will perform occasional inspections of the TIFMAS Vehicle to ensure the
Cooperator is fulfilling its obligations in accordance with this agreement.
Cooperator Responsibilities:
1. Cooperator will take possession of TIFMAS Vehicle at a time and location mutually
decided on by TFS and Cooperator.
2. Cooperator will facilitate an initial inspection of the TIFMAS Vehicle by TFS and
sign the TIFMAS Equipment Vehicle List provided by TFS.
Page I of 5
TIFMAS VEHICLE GRANT
3. Cooperator may add additional loose equipment to the TIFMAS Vehicle, but may
not alter or change the original specification of the TIFMAS Vehicle. All additional
loose equipment added by Cooperator will remain the property and responsibility
of the Cooperator.
4. Cooperator may use the TIFMAS Vehicle only for the following:
a. Local and Regional Mutual Aid Incidents.
b. Local /Regional Multiple Alarm Incidents.
c. Emergency events threatening properties vital to National Defense, Critical
Infrastructure or Important Military Installations.
d. Local community events (parades, displays).
e. Training of firefighters.
f. Standby for Cooperator's regular apparatus while out for repairs.
Cooperator will notify TFS if the standby period is expected to exceed 90
days.
5. Cooperator will house, maintain, operate, and repair the TIFMAS Vehicle in order
to ensure a high state of readiness at all times.
a. Cooperator will house the TIFMAS Vehicle on the property of the
Cooperator and Cooperator will provide reasonable protection against
weather, vandalism, theft, and damage.
b. Cooperator is responsible for all costs of operating, maintaining, and
repairing the TIFMAS Vehicle.
6. Cooperator will staff the TIFMAS Vehicle with trained and qualified personnel when
dispatched to any regional or statewide assignment, and will provide for personnel
rotation or replacement when the TIFMAS Vehicle is needed on assignments of
extended duration.
7. Cooperator will carry vehicle liability insurance for the TIFMAS Vehicle And provide
proof of insurance coverage to TFS annually. The insurance liability limits must
be equal to or greater than the State of Texas minimum amounts. By requiring
such insurance, TFS will not be deemed or construed to have assessed the risk
that may be applicable to Cooperator under this agreement. Cooperator shall
assess its own risks and if it deems appropriate and /or prudent, maintain higher
limits and /or broader coverage. Cooperator is not relieved of any liability or other
obligations assumed pursuant to this agreement by reason of its failure to obtain
or maintain insurance in sufficient amounts, duration, or types.
8. Cooperator will operate and maintain the TIFMAS Vehicle in a roadworthy and
legal condition, with a current state inspection decal, and within the posted Gross
Vehicle Weight Rating (GVWR) of the chassis as stated by the manufacturer.
9. Cooperator will notify TFS if the TIFMAS Vehicle is not available and cannot
respond to a TIFMAS authorized deployment.
Page 2 oC5
TIFMAS VEHICLE GRANT
General Provisions:
1. The TIFMAS Vehicle will be titled in the name of the Cooperator.
2. Vehicle may have a standard manufacturers warrantee at time of
purchase. Since the vehicle is titled directly to Cooperator, the standard
manufacturers warrantee will be in the Cooperator's name, however, TFS
provides the TIFMAS Vehicle "as is" and disclaims any implied
warranties, including any warranty of merchantability or fitness for a
particular purpose.
3. Cooperator grants TFS a first - priority security interest in the TIFMAS Vehicle,
all equipment provided with it, and all related proceeds, including insurance
payments.
4. If the Cooperator does not fulfill its obligations under this agreement, upon
written demand from TFS, Cooperator will immediately deliver the TIFMAS
Vehicle and transfer its title to another fire department of TFS' choice.
Cooperator will promptly execute all title transfer documents and perform any
other acts deemed necessary by TFS to transfer title to the TIFMAS Vehicle.
If Cooperator fails to deliver the TIFMAS Vehicle as provided in this
agreement, TFS may, in addition to any other remedies provided by law, enter
onto Cooperator's premises where the TIFMAS Vehicle is located and take
possession of the TIFMAS Vehicle and all equipment provided with it.
5. TFS will have the right to inspect the TIFMAS Vehicle at any time.
6. Deployment and reimbursement for use of TIFMAS Vehicle under a TIFMAS
deployment will be in accordance with Appendix 6 — Annex F of the State of
Texas Emergency Management Plan. There are no provisions for
reimbursement from TFS to the Cooperator on any mutual aid assignment.
7. Cooperator may not assign, pledge, encumber, or hypothecate the TIFMAS
Vehicle or grant any other security interest in the TIFMAS Vehicle.
8. If the Cooperator chooses to end its participation in the TIFMAS Program,
Cooperator will give TFS 14 -days prior written notice. Upon termination of its
participation, all TIFMAS Vehicles, equipment, and titles will be transferred to
another fire department of TFS' choice. Cooperator will not alter the TIFMAS
Vehicle in any way prior to transferring the TIFMAS Vehicle. The Cooperator
will be liable for all loss of or damage to the TIFMAS Vehicle, normal wear and
tear excepted.
9. The primary points of contact for each party will be as follows:
Page 3 Est` 5
Cooperator
Schertz Fire Rescue
1400 Schertz Pkwy Bldg 8
Schertz, TX 78154
TIFMAS VEHICLE GRANT
TFS
Texas A &M Forest Service
200 Technology Way, Suite 1162
College Station, TX 77845
Attn: Emily Wall
Tel: 979 - 458 -7354
Fax: 979 - 845 -6160
Contracting parties will notify each other of any changes in the above. Any notices
regarding violations or termination will be made in writing to the point of contact.
10. Performance by TFS under this agreement is dependent upon the appropriation
and allotment of funds by the Texas State Legislature (the "Legislature "). If the
Legislature fails to appropriate or allot the necessary funds, the TFS will issue
written notice to Cooperator and TFS may terminate this Agreement without further
duty or obligation. Cooperator acknowledges that appropriation of funds is beyond
the control of TFS.
11.Cooperator will cooperate with the Texas State Auditor or the Texas A &M
University System Internal Auditor in the conduct of an audit or investigation,
including without limitation, providing all records requested.
12. Cooperator expressly acknowledges that TFS is an agency of the State of Texas
and nothing in this agreement waives or relinquishes TFS' right to claim such
exemptions, privileges, and immunities as may be provided by law.
13. This contractor and subcontractor will abide by the requirements of 41 CFR §§
60- 1.4(a), 60- 300.5(a) and 60- 741.5(a). These regulations prohibit discrimination
against qualified individuals based on their status as protected veterans or
individuals with disabilities, and prohibit discrimination against all individuals
based on their race, color, religion, sex, or national origin. Moreover, these
regulations require that covered prime contractors and subcontractors take
affirmative action to employ and advance in employment individuals without
regard to race, color, religion, sex, national origin, protected veteran status or
disability.
14. Cooperator will use the dispute resolution process provided in Chapter 2260,
Texas Government Code, and the related rules adopted by the Texas Attorney
General pursuant to Chapter 2260 to attempt to resolve any claim for breach of
contract made by Cooperator that cannot be resolved in the ordinary course of
business. Cooperator will submit written notice of a claim of breach of contract
under this Chapter to the Associate Director for Finance and Administration of the
TFS, who will examine Cooperator's claim and any counterclaim and negotiate
with Cooperator in an effort to resolve the claim.
-- signature on next page --
Pa.-c 4 Est` 5
Acceptance of Terms and Responsibilities
Cooperator
Signature
Title (Please Print)
Date
Pa,-,c 5 4f'5
TIFMAS VEHICLE GRANT
I
CITY COUNCIL MEMORANDUM
City Council Meeting: November 14, 2017
Department:
Public Works
Agenda No. 7
Subject: Ordinance No. 17 -M -48 — An Ordinance
Authorizing an Agreement with Developer for
Construction of Public Improvement associated
with the Schertz Retail Center Subdivision. (First
Reading)
Section 21.1.5.2, d of the City of Schertz Unified Development Code (UDC) requires developers
to extend water and wastewater utilities to serve all lots in the subdivision and to extend across
the entire frontage of the subdivision adjacent to a street or thoroughfare to provide for the
orderly extension of the systems.
CVS Pharmacy, Inc., (CVS) is proposing to develop the Schertz Retail Center Subdivision at the
southwest corner of the intersection of FM 1103 and Old Wiederstein Road. Water and
wastewater main extensions are required to meet the UDC requirements.
The water main extension is required to run from FM 1103, along Old Wiederstein Road, to the
end of the frontage of the subdivision. During the planning stage of the subdivision, it was
identified that in order to provide a better public system — both for this proposed subdivision and
the City's system overall — the water line should be extended further along Old Wiederstein.
Road, to Fairfax Road, and along Fairfax Road to connect to an existing line in Sunridge Road.
That will provide a looped connection for the extension and alleviate a dead end main condition.
Dead end water mains are undesirable because they create a potential occurrence of stagnant
water and require regular maintenance to flush the line.
In order to have the construction done in the most efficient and cost effective manner, the
Developer has agreed to include construction of the City's portion of the infrastructure in their
infrastructure installation contract and have the City provide reimbursement of the costs.
The required portions and proposed additional (City- reimbursed) portions of the infrastructure
are shown on the attached two -page Utility Exhibit.
Goal
Approval of Ordinance 17 -M -48 authorizing the Agreement with Developer for Construction of
Public Improvement.
City Council Memorandum
Page 2
Community Benefit
Participating with the Developer of the CVS Pharmacy, Inc. Subdivision will act to alleviate the
need to flush another dead -end main and provide a fresh continuous flow of water through the
cities mains by eliminating an un- necessary dead end main blow -off point.
Summary of Recommended Action
Staff recommends Council approve the ordinance authorizing the City to enter into the
Agreement with Developer for Construction of Public Improvement with CVS Pharmacy Inc.
FISCAL IMPACT
The cost for construction of the water main extension improvements to be reimbursed to the
Developer is a not to exceed amount of $77,897.57 and will be paid out of water contingencies in
the water budget. (The overall subdivision improvement cost is $316,951.76 with the
developer's portion being $239,054.19.) Cost tabulations are attached. The developer has
notified the City that this work will now be done by a different contractor than the one that
prepared these initial costs. Staff is working with the developer to affirm that the City's cost will
not change and staff will have that before the second reading of this ordinance.
Staff recommends approval of Ordinance 17 -M -48.
ATTACHMENTS
Ordinance 1.7 -M -48
Developer Reimbursement Agreement
Utility Exhibit
Cost Tabulation
ORDINANCE NO. 17 -M -48
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A REIMBURSEMENT
AGREEMENT WITH CVS PHARMACY, INC., FOR CONSTRUCTION
OF A WATER LINE EXTENSION ASSOCIATED WITH THE
DEVELOPMENT OF THE SCHERTZ RETAIL CENTER; AND
ESTABLISHING AN EFFECTIVE DATE HEREOF
WHEREAS, a water main needs to be extended from FM 1103 at Old Wiederstein Road
to Fairfax Drive to connect to an existing main on Sunridge Drive within the Riata Subdivision.
WHEREAS, a water main extension across the frontage of the proposed Schertz Retail
Center property is being built in accordance with the City's Unified Development Code.
WHEREAS, the water main needs to be extended beyond the frontage of the proposed
development in order to loop the water main to alleviate the potential for stagnant water in a
dead -end main.
WHEREAS, CVS Pharmacy, Inc., as the Developer of the Schertz Retail Center
Subdivision, agrees to construct the entire water main extension of which a portion is more than
what is required by this development.
WHEREAS, the City Council finds that it is in the best interest of the City to enter into
the Agreement with Developer for Construction of Public Improvement in order to avoid having
a dead -end main.
WHEREAS, Section 212.071, et. seq. of the Texas Local Government Code authorizes
municipalities to enter into a contract with a developer of a subdivision or land in the
municipality to construct public improvements related to the development without complying
with the competitive sealed bidding procedures of Chapter 252 of the Texas Local Government
Code; and
WHEREAS, Section 212.071, et. seq. of the Texas Local Government Code limits the
participation by the municipality at a level not to exceed 30 percent of the total contract price.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CIYT OF SCHERTZ, TEXAS: The City Council hereby authorizes the City Manager to
execute the agreement with Developer for Construction of Public Improvement with CVS
Pharmacy, Inc., for infrastructure that will alleviate a dead -end main by looping the water main.
Section 1. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 2. 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 3. 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 4. This Ordinance shall be effective upon the date of final adoption hereof
and any publication required by law.
Section 5. 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 14th day of November, 2017 .
PASSED, APPROVED AND ADOPTED, on final reading the 28th day of November, 2017.
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
M
REIMBURSEMENT AGREEMENT WITH DEVELOPER FOR
CONSTRUCTION OF PUBLIC IMPROVEMENT
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF GUADALUPE §
This Development Agreement (the "Agreement ") is by and between the City of Schertz, a Texas
municipal corporation (the "City"), and CVS Pharmacy, Inc., owner and developer of certain
hereinafter described property located within the City (the "Developer "), all collectively
referred to as "Parties ", and is effective upon the execution of this Agreement by the Developer and
the City (the "Effective Date ").
WHEREAS, Developer wishes to develop certain property (the "Property ") located within the
City limits, which is approximately 6.850 acres of land situated in the Rafael Garza Survey No.
98, Abstract No. 1.38, in the City of Schertz, Guadalupe County, Texas; being portion of a 2.00
Acre Tract of Land Described in Volume 1474, Page 960, Being that same tract of Land as
described as 1.91 Acres in Deed of Trust as recorded in Volume 3172 Page 535 and portion of a
10.0 Acre Tract of Land Described in Volume 1969, Page 269 of the Official Public Records or
Guadalupe County, Texas.
WHEREAS, the Property is the subject of the application for Subdivision Plat establishing
Schertz Retail Center; and
WHEREAS, the Property abuts an existing subdivision and ROW wherein all water and
sewer infrastructure (collectively the "Improvements ") from the intersection of FM 1.1.03 and Old
Wiederstein Road, to Fairfax Road and along Fairfax Road to Sunridge Road have not been
completed; and
WHEREAS, during the development planning stage for the Property, the Developer submitted to
the City a request that the City participate in the completion of the Improvements, which will
benefit portions of the City beyond the Schertz Retail. Center Subdivision; and
WHEREAS, the City has no immediate plans to construct the required Improvements, but is
willing to share in the cost of the construction of such facilities, and has funds appropriated and
available to do so; and
WHEREAS, Developer has requested that it be allowed to construct the required Improvements
to serve the Property, and share the costs with the City; and
WHEREAS, Section 212.071, et. seq. of the Texas Local Government Code authorizes
municipalities to enter into a contract with a developer of a subdivision or land in the
municipality to construct public improvements related to the development without complying
with the competitive sealed bidding procedures of Chapter 252 of the Texas Local Government
Code; and
WHEREAS, Section 212.071, et. seq. of the Texas Local Government Code limits the
participation by the municipality at a level not to exceed 30 percent of the total contract price.
NOW THEREFORE, for and in consideration of the premises and mutual obligations, covenants,
and benefits hereinafter set forth, the Parties agree as follows:
ARTICLE I — Definitions.
The following terms and phrases used in this Agreement shall have the meanings ascribed
hereto:
1.1. "Agreement" means this agreement, including any amendments hereto, between.
the City and Developer.
1.2. "Contractor" shall mean the person, firm, corporation, partnership, association, or
other entity awarded the contact by Developer for the construction and installation of the
Improvements.
1.3. " hmprovements" shall mean the improvements described on Exhibit "A"
1.4. "City's Participation Costs" shall mean costs associated with the construction of
the Improvements, as designated on Exhibit `B" as City of Schertz responsibility.
ARTICLE II — Construction of Improvements.
2.1. Construction of Improvements. Developer agrees to construct the Improvements
in accordance with the plans and specifications approved by the City Engineer as
illustrated in Exhibit "A" attached hereto. No change in the construction plans shall
be made by Developer without the prior written consent of the City Engineer. The
entire cost of the construction of the Improvements shall be the responsibility and
obligation of Developer, except as herein provided.
2.2. Contracts for Construction. Developer shall contract with a qualified Contractor to
construct the Improvements in accordance with the approved plans and specifications.
The City Engineer shall review all contract documents and costs estimates, and shall
approve the Contractor prior to the award of the contract for the Improvements.
Developer shall be solely responsible for payment of the work as it is completed, and
shall make all payments in a timely manner to the Contractor, sub - contractors, and other
parties involved in the construction of the Improvements.
2.3. Performance, Payment and Maintenance Bonds. Developer shall post within the
City faithful performance, payment, and maintenance bonds for construction of the
Improvements to ensure completion of the project. The bond must be executed by a
corporate surety in accordance with Chapter 2253, Texas Government Code.
2.4. Inspection. The City Engineer or designee shall periodically inspect the
construction of the Improvements in the same manner, and shall possess the same
authority, as is provided during the construction of subdivision improvements pursuant to
the City of Schertz Subdivision Ordinance, as amended.
2.5. Insurance. The Contractor awarded the contract to construct the Improvements
shall be required to carry Worker's Compensation Insurance on his employees and
public liability and property damage insurance on his equipment and employees. The
public liability insurance shall be not less than five hundred thousand dollars
($500,000.00) per person and one million dollars ($1,000,000.00) per occurrence,
with property damage insurance of not less than five hundred thousand dollars
($500,000.00). In addition, City shall be furnished with Certificates of Insurance and
shall be named an additional named insured on such Certificates, and City shall be
notified within thirty calendar days of any cancellation of such insurance.
2.6. Accounting. Developer shall submit to City a complete accounting of all costs
incurred by Developer in the construction of the Improvements. City will not contribute
or pay for any costs incurred by Developer which were not approved by City prior to
it being incurred. Developer shall maintain the accounting of the Improvements for a
period of two years from the date of acceptance by the City, and the City may inspect
the Developer's books and records related to the Improvements at any time with
reasonable notice.
2.7. Indemnity. Developer agrees to protect, indemnify and save City harmless
from and against all claims, demands and causes of action of every kind and
character arising in favor of any third party on account of, or resulting from, the
performance of this Agreement by Developer or Developer's agents,
representatives, employees, contractors, or subcontractors.
ARTICLE III — Obligations and Payments.
3.1. City Obligations. The City agrees to pay to Developer City's Participation Costs
which shall equate to the actual costs for the City's responsibility at as illustrated on
Exhibit "A ". Notwithstanding any provision of this Agreement to contrary, City's
Obligation shall only b e for the reimbursement of costs incurred by Developer and
shall not in any event exceed Seventy -Seven Thousand Eight Hundred Ninety -Seven
Dollars and Fifty -Seven Cents ($77,897.57) (hereinafter the "City's Share ").
3.2. Payment Procedures. City shall deliver to Developer full payment of the City's
Share as provided in this this section.
3.2.1 Submittal and review. Developer shall submit and the City Engineer
shall review documentation, as may be reasonably required by City Engineer,
showing final, actual construction costs paid by the Developer.
3.2.2 Upon the City Engineer's review and approval of the documents, a
final inspection on the Improvements shall be conducted, noting any required
corrections or repairs. Once corrections or repairs are made and deemed
acceptable, the City will accept the Improvements.
3.2.3 Within 30 days of acceptance of the Improvements, the City will pay
to Developer the City's Share. Any additional costs above Seventy- Seven.
Thousand Eight Hundred Ninety -Seven Dollars and Fifty -Seven Cents
($77,897.57) must be approved by the City prior to being incurred.
Article IV — Assignment, Modification and Waiver.
4.1. Assignment. This Agreement shall bind and benefit the respective Parties and
their legal successors and shall not be assignable, in whole or in party, by any party
without first obtaining written consent of the other party.
4.2. Amendment or Modification. Except as otherwise provided in this Agreement,
this Agreement shall be subject to change, amendment or modification only in writing,
and by the signatures and mutual consent of the Parties.
4.3. Parties in Interest. This Agreement shall be for the sole and exclusive benefit of
the Parties hereto and shall not be construed to confer any rights upon any third party.
4.4. Remedies Not Exclusive. The rights and remedies contained in this Agreement
shall not be exclusive, but shall be cumulative of all rights and remedies now or
hereinafter existing, by law or in equity.
4.5. Waiver. The failure of any party to insist in any one or more instances on the
performance of any of the terms, covenants or conditions of this Agreement, or to
exercise any of its rights, shall not be construed as a waiver or relinquishment of such
term, covenant, or condition, or right with respect to further performance.
4.6. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties related to the subject matter of this Agreement and supersedes any and all
prior agreements, whether oral or written, dealing with the subject matter of this
Agreement.
4.7. Venue. This Agreement shall be performable and enforceable in Guadalupe
County, Texas, and shall be construed in accordance with the laws of the State of Texas.
4.8. Severability. If any term or provision of this Agreement is held to be invalid,
void or unenforceable by a court of competent jurisdiction, the remainder of the
terms and provisions of this Agreement shall remain in full force and effect and shall not
in any way be invalidated, impaired or affected.
4.9. Notices. Any notice provided or permitted to be given under this Agreement
must be in writing and may be served by (i) depositing the same in the United States
mail, addressed to the party to be notified, postage prepaid, registered or certified mail,
return receipt requested; or (ii) by delivering the same in person to such party; or
(iii) by overnight or messenger delivery service that retains regular records of
delivery and receipt; or (iv) by facsimile; provided a copy of such notice is sent
within one (l) day thereafter by another method provided above. The initial addresses
of the parties for the purpose of notice under this Agreement shall be as follows:
If to City: CITY OF SCHERTZ
1400 Schertz Parkway
Schertz, TX 78154
Attention: City Manager
With copy to: Denton Navarro Rocha Bernal & Zech, P.C.
2417 N. Main Avenue
San Antonio, TX 78212
Attention: Charles Zech
If to Developer: CVS Pharmacy Inc.
1 CVS Drive,
Woonsocket, RI 02895
4.10. No Joint Venture. Nothing contained in this Agreement is intended by the Parties
to create a partnership or joint venture between the Parties and any implication to the
contrary is hereby expressly disavowed. It is understood and agreed that this Agreement
does not create a joint enterprise, nor does it appoint either Party as an agent of the other
for any purpose whatsoever. Except, as otherwise specifically provided herein, neither
Party shall in any way assume any of the liability of the other for acts of the other or
obligations of the other.
4.11. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original, but all of which constitute one instrument.
[Signatures and acknowledgments on the following pages-]
Signature Page to
Agreement with Developer for Construction of Public Improvement
This Agreement has been executed by the parties as of the dates of the
Acknowledgments to be effective as of the Effective Date.
Developer:
CVS PHARMACY, INC.
by:
Name: Kimberly A. Shardlow
Title: Assistant Secretary
THE STATE OF
COUNTY OF
This instrument was acknowledged before me on the day of , 2017 by Kimberly
A. Shardlow, Assistant Secretary for CVS Pharmacy Inc,., for the purposes herein expressed.
(SEAL)
Notary Public in and for
The State of Texas
My Commission Expires:
Signature Page to
Agreement with Developer for Construction of Public Improvement
This Community Facilities Agreement has been executed by the parties as of the dates
of the Acknowledgments to be effective as of the Effective Date.
City:
CITY OF SCHERTZ,
a Texas municipal corporation
By:
Name: John C. Kessel, its City Manager
THE 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 said City.
(SEAL)
Notary Public in and for
The State of Texas
My Commission Expires:
EXHIBIT A
IMPROVEMENTS
EXHIBIT B
CITY'S PARTICIPATION COSTS
UTILITY NOTES:
1) GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. WILL PROVIDE UNDERGROUND ELECTRICAL
SERVICE FROM THE EXISTING SERVICE POLE TO THE TRANSFORMER PAD. CONTRACTOR MUST PROVIDE
TWO 5" PVC (SCH 80) CONDUITS AND A PULL STRING FROM THE EXISTING ELECTRICAL SERVICE POLE TO
THE PROPOSED TRANSFORMER LOCATION. THE CONTRACTOR IS ALSO RESPONSIBLE FOR INSTALLING
THREE 5" PVC CONDUITS AND SECONDARY WIRING FROM THE TRANSFORMER PAD TO THE PROPOSED
BUILDING. THE CONTRACTOR IS RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE POWER SERVICE
INSTALLATION AND SHALL COORDINATE WITH THE POWER COMPANY FOR FINAL UNDERGROUND
CONDUIT LOCATIONS.
2) CENTERPOINT ENERGY WILL PERFORM THE GAS SERVICE CONNECTION, INSTALL THE CONDUIT, AND
SET THE METER FOR THE BUILDING. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING THE SERVICE
FROM THE METER INTO THE PROPOSED BUILDING. THE CONTRACTOR MUST COORDINATE WITH
CENTERPOINT ENERGY.
3) CONTRACTOR MUST PROVIDE AND INSTALL A 3" PVC CONDUIT WITH PULL STRING, FROM THE
EXISTING TELEPHONE SERVICE POLE TO THE TELEPHONE BOARD IN THE BUILDING. THE CONTRACTOR
MUST ALSO PROVIDE A #6 GROUND WIRE AT THE TELEPHONE BOARD FOR THE TELEPHONE COMPANY TO
INSTALL A PHONE LINE.
4) CITY OF SCHERTZ WILL FURNISH THE DOMESTIC WATER METER, HOWEVER THE CONTRACTOR WILL
BE REQUIRED TO FURNISH ALL EQUIPMENT AND PERFORM THE TAP AND INSTALLATION. THE
CONTRACTOR MUST PROVIDE AND INSTALL THE METER BOX, DOUBLE CHECK BACKFLOW PREVENTER
AND ENCLOSURE, AND THE WATER SERVICE LINE FROM THE WATER METER TO THE BUILDING.
5) CITY OF SCHERTZ WILL FURNISH THE IRRIGATION METER, HOWEVER THE CONTRACTOR WILL BE
REQUIRED TO FURNISH ALL EQUIPMENT AND PERFORM THE TAP AND INSTALLATION.. THE CONTRACTOR
MUST PROVIDE AND INSTALL THE METER BOX, DOUBLE CHECK BACKFLOW PREVENTER AND
ENCLOSURE, AND THE IRRIGATION LINES TO THE AREAS SPECIFIED ON THIS SHEET AND ON SHEET 1 -1.
6) CONTRACTOR SHALL COORDINATE AS REQUIRED WITH CITY OF SCHERTZ INSPECTIONS DURING
CONSTRUCTION FOR REQUIRED INSPECTIONS.
7) THIS SITE INDICATES POTABLE WATER SERVICE AND SANITARY SEWER LATERALS. THIS WORK TO BE
INSTALLED BY A LICENSED PLUMBER IF STATE LAW REQUIRES. ALL WORK MUST BE INSPECTED BY CITY
OF SCHERTZ CODES AND INSPECTION DEPARTMENT.
8) ALL ON -SITE PVC PIPE SHALL HAVE CLASS B BEDDING.
9) ALL CONDUIT, PIPE, AND CHASE PIPE SHALL BE WRAPPED WITH THE APPROPRIATE LOCATION WIRE
AND TAPE.
10) NO PRESSURE REDUCING VALVES ARE TO BE INSTALLED ON FIRE LINES. ALL FIRE LINES ARE TO BE
INSPECTED BY CITY OF SCHERTZ FIRE SERVICE PRIOR TO COVERING.
11) NOTIFY WATER AND SEWER INSPECTOR PRIOR TO START OF CONSTRUCTION.
12) CONTRACTOR SHALL PROVIDE A COMPLETE SET OF AS -BUILT DRAWINGS INCLUDING ALL RIM
ELEVATIONS, INVERT ELEVATIONS, PIPE SIZES, AND PIPE MATERIAL FOR ALL PUBLIC MAINS TO THE
ENGINEER AS SOON AS INSTALLATION IS COMPLETE.
13) OWNER SHALL BE RESPONSIBLE FOR ANY REPAIR OR REPLACEMENT OF ANY IMPROVEMENTS
WITHIN THE SANITARY SEWER, WATER, DRAINAGE EASEMENT(S) DUE TO MAINTENANCE OF SEWER,
WATER, STORM DRAIN OF CITY OF SCHERTZ.
14) CONTRACTOR SHALL INSTALL THE DOWNSTREAM SANITARY SEWER CONNECTION IN THE RIGHT OF
WAY PRIOR TO THE INSTALLATION OF THE ON -SITE SERVICE LATERALS. THE CONTRACTOR SHALL FIELD
VERIFY ALL EXISTING UTILITIES SHOWN ON THE PLANS BY POT HOLING THE LINES. THE CONTRACTOR
SHALL HAVE THE LINES SURVEYED, INCLUDING HORIZONTAL AND VERTICAL LOCATION, AND THE
SURVEYED POINTS SENT TO THE PROJECT ENGINEER TO DETERMINE IF ANY UTILITY CONFLICTS WILL
AFFECT THE CURRENT SANITARY SEWER DESIGN.
15) PVC WATER LINES LESS THAN 3" SHALL BE ASTM D 2241, SDR 21 WITH INTEGRALLY MOLDED BELL
ENDS, ASTM D 2672. PVC WATER LINES 3" AND LARGER SHALL BE AWWA C900, RATED DR 18 (CLASS 150)
WITH INTEGRALLY MOLDED BELL ENDS, ASTM D3139. DIP WATER LINES SHALL BE AWWA C151,
THICKNESS CLASS 50.
16) PVC SANITARY SEWER LINES SHALL BE ASTM D 3034, RATED SDR 35 WITH INTEGRALLY MOLDED BELL
ENDS, ASTM D 3034, TABLE 2, WITH FACTORY SUPPLIED ELECTROMETRIC GASKETS AND LUBRICANT. DIP
SANITARY SEWER LINES SHALL BE ASTM A746, CLASS 50 WITH AWWA C111, RUBBER GASKET JOINT
DEVICES.
17) DEMOLISHED UTILITIES NOT DEPICTED ON THIS SHEET. REFER TO THE DEMOLITION PLAN.
18) CONTRACTOR TO SAWCUT ANY SIDEWALK OR PAVEMENT THAT IS TO BE REMOVED FOR UTILITY
INSTALLATION. CONTRACTOR IS RESPONSIBLE FOR REPLACING SIDEWALK, PAVEMENT AND EXISTING
INFRASTRUCTURE THAT IS REMOVED /ALTERED DURING INSTALLATION OF WATER LINE. CONTRACTOR
TO MATCH EXISTING CONDITION OF SIDEWALK AND PAVEMENT.
19) THE CONTRACTOR MUST FOLLOW AND ABIDE BY STANDARD NOTES AND REQUIREMENTS PROVIDED
IN THE STANDARD DETAILS FOR THE CITY OF SCHERTZ PUBLIC WORKS. PLEASE REFER TO THE DETAIL
SHEETS WITHIN THE DEVELOPMENT SET FOR DETAILS.
SCHERTZ RETAIL CENTER EXHIBIT A
iPS
♦
/
t /
I /
r � /
t
\ \ \\ PROPOSED 30'
>. UTILITY EASEMENT
\
V A PROPOSED 6" SANITARY SEWER
V A LATERAL FOR FUTURE
\ EXISTING 95' DEVELOPMENT TIE IN
\ V A UTILITYEASEMENT
WATER CONNECTION DETAIL
CONTRACTOR TO \ (2) 12" VALVES BUILT INTO EACH
INSTALL WATER TEE
GATE VALVE AND PLUG
FOR FUTURE
CONNECTION -'"
/ CONTRACTOR TO REMOVE
$!� EXISTING BEND AND INSTALL
12" X 12" X 12" LATERAL TEE
a
20 LF 12" C900 PVC WATER LINE
CONTRACTOR TO 12" X 12" X 12" WATER TEE
STUB 12" WATER MAIN
FOR FUTURE CONNECTION 3 LF 12" C900 PVC WATER LINE
146.25 DEGREE WATER BEND
12" INLINE VALVE
81
107 LF 12" C900 PVC WATER LINE
PROPOSED 16' WATER EASEMENT
� I �
I
i
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Knowwhat'sbelow
Call before you dig
V-
206 LF OF 12" C900 PVC WATER LINE
12" INLINE VALVE
♦ �— PROPOSED FIRE HYDRANT ASSEMBLY
"i (CONTRACTOR TO REFER TO CITY OF
SCHERTZ FIRE HYDRANT ASSEMBLY
s DETAIL)
302 LF OF 12" C900 PVC WATER LINE
EXISTING WA TER MAIN
CONTRACTOR TO MAINTAIN A MINIMUM
HORIZONTAL SEPARATION OF 4' FROM THE
EXISTING MAIN TO THE PROPOSED MAIN.
CONTRACTOR TO FOLLOW CITY OF SCHERTZ PAVED AREA
TRENCH DETAIL FOR WATER MAIN INSTALLATION (TRENCH
TO BE 6' WIDE CENTERED ON MAIN INSTALL, TOFF FACE OF
CURB)
CONTRACTOR TO COORDINATE WITH CITY
OF SCHERTZ INSPECTOR FOR FLOWABLE
FILL AREAS
(REFER TO DETAIL C -7)
APPROXIMA TE LOCA TION OF
SANITARYFORCE MAIN
SEE WATER CONNECTION DETAIL INSERT
y'
115 LF OF 12" C900 PVC WATER LINE
CONTRACTOR TO REMOVE PORTION OF CONCRETE RIPRAP FOR
WATER MAIN INSTALLATION. CONTRACTOR TO SAWCUT AT EXTENTS
OF TRENCH AND REMOVE AND REPLACE WITH SAME CONCRETE
THICKNESS)
PROPOSED FIRE HYDRANT
ASSEMBLY
(CONTRACTOR TO REFER TO CITY
OF SCHERTZ FIRE HYDRANT
ASSEMBLY DETAIL)
rCVS
pharmacy TM
14,698-LEFT
i ■i ►I ■O
ENGINEER:
FORE
Foresite Group, Inc.
1999 Bryan St.
Suite 890
Dallas, TX 75201
CONSULTANT:
REVISIONS:
CITY COMMENTS 03/20/2017
CITY COMMENTS 03/30/2017
CITY COMMENTS 04/04/2017
CITY COMMENTS 04/06/2017
CITY COMMENTS 04/10/2017
CITY COMMENTS 4/17/2017
CITY COMMENTS 4/18/2017
CITY COMMENTS 4/19/2017
DRAWING BY: DK
DATE: 02/24/2017
JOB NUMBER: 164.079
TITLE:
UTILITIES PLAN
SHEET NUMBER:
C�3.
COMMENTS:
NOT RELEASED FOR CONSTRUCTION
LEGEND
EXISTING FENCE LINE
PROPERTY LINE
EXISTING UNDERGROUND COMMUNICATION LINE
0HP 0HP 11)HP
EXISTING OVERHEAD POWER LINE
— w — IN
EXISTING WATER LINE
EXISTING STORM LINE
CATV CATV
PROPOSED CABLE TELEVISION LINE
— FOC FOC FOC —
PROPOSED FIBER OPTIC LINE
—OHP OHP OHP—
PROPOSED OVERHEAD POWER LINE
UG(E UGIE
PROPOSED UNDERGROUND POWER LINE
uGIT UGrr
PROPOSED UNDERGROUND TELEPHONE LINE
— GAS GAS GAS —
PROPOSED GAS LINE
— SS SS SS —
PROPOSED SANITARY SEWER LINE
—w w w—
PROPOSED WATER LINE
—Fw Fw Fw—
PROPOSED FIRE WATER LINE
..__ _...
PROPOSED STORM LINE
PROPOSED UTILITY TRENCH AND PAVEMENT
SCHERTZ RETAIL CENTER EXHIBIT A
iPS
♦
/
t /
I /
r � /
t
\ \ \\ PROPOSED 30'
>. UTILITY EASEMENT
\
V A PROPOSED 6" SANITARY SEWER
V A LATERAL FOR FUTURE
\ EXISTING 95' DEVELOPMENT TIE IN
\ V A UTILITYEASEMENT
WATER CONNECTION DETAIL
CONTRACTOR TO \ (2) 12" VALVES BUILT INTO EACH
INSTALL WATER TEE
GATE VALVE AND PLUG
FOR FUTURE
CONNECTION -'"
/ CONTRACTOR TO REMOVE
$!� EXISTING BEND AND INSTALL
12" X 12" X 12" LATERAL TEE
a
20 LF 12" C900 PVC WATER LINE
CONTRACTOR TO 12" X 12" X 12" WATER TEE
STUB 12" WATER MAIN
FOR FUTURE CONNECTION 3 LF 12" C900 PVC WATER LINE
146.25 DEGREE WATER BEND
12" INLINE VALVE
81
107 LF 12" C900 PVC WATER LINE
PROPOSED 16' WATER EASEMENT
� I �
I
i
N
` o
NcA_
Knowwhat'sbelow
Call before you dig
V-
206 LF OF 12" C900 PVC WATER LINE
12" INLINE VALVE
♦ �— PROPOSED FIRE HYDRANT ASSEMBLY
"i (CONTRACTOR TO REFER TO CITY OF
SCHERTZ FIRE HYDRANT ASSEMBLY
s DETAIL)
302 LF OF 12" C900 PVC WATER LINE
EXISTING WA TER MAIN
CONTRACTOR TO MAINTAIN A MINIMUM
HORIZONTAL SEPARATION OF 4' FROM THE
EXISTING MAIN TO THE PROPOSED MAIN.
CONTRACTOR TO FOLLOW CITY OF SCHERTZ PAVED AREA
TRENCH DETAIL FOR WATER MAIN INSTALLATION (TRENCH
TO BE 6' WIDE CENTERED ON MAIN INSTALL, TOFF FACE OF
CURB)
CONTRACTOR TO COORDINATE WITH CITY
OF SCHERTZ INSPECTOR FOR FLOWABLE
FILL AREAS
(REFER TO DETAIL C -7)
APPROXIMA TE LOCA TION OF
SANITARYFORCE MAIN
SEE WATER CONNECTION DETAIL INSERT
y'
115 LF OF 12" C900 PVC WATER LINE
CONTRACTOR TO REMOVE PORTION OF CONCRETE RIPRAP FOR
WATER MAIN INSTALLATION. CONTRACTOR TO SAWCUT AT EXTENTS
OF TRENCH AND REMOVE AND REPLACE WITH SAME CONCRETE
THICKNESS)
PROPOSED FIRE HYDRANT
ASSEMBLY
(CONTRACTOR TO REFER TO CITY
OF SCHERTZ FIRE HYDRANT
ASSEMBLY DETAIL)
rCVS
pharmacy TM
14,698-LEFT
i ■i ►I ■O
ENGINEER:
FORE
Foresite Group, Inc.
1999 Bryan St.
Suite 890
Dallas, TX 75201
CONSULTANT:
REVISIONS:
CITY COMMENTS 03/20/2017
CITY COMMENTS 03/30/2017
CITY COMMENTS 04/04/2017
CITY COMMENTS 04/06/2017
CITY COMMENTS 04/10/2017
CITY COMMENTS 4/17/2017
CITY COMMENTS 4/18/2017
CITY COMMENTS 4/19/2017
DRAWING BY: DK
DATE: 02/24/2017
JOB NUMBER: 164.079
TITLE:
UTILITIES PLAN
SHEET NUMBER:
C�3.
COMMENTS:
NOT RELEASED FOR CONSTRUCTION
UTILITY NOTES:
1) GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. WILL PROVIDE UNDERGROUND ELECTRICAL
SERVICE FROM THE EXISTING SERVICE POLE TO THE TRANSFORMER PAD. CONTRACTOR MUST PROVIDE
TWO 5" PVC (SCH 80) CONDUITS AND A PULL STRING FROM THE EXISTING ELECTRICAL SERVICE POLE TO
THE PROPOSED TRANSFORMER LOCATION. THE CONTRACTOR IS ALSO RESPONSIBLE FOR INSTALLING
THREE 5" PVC CONDUITS AND SECONDARY WIRING FROM THE TRANSFORMER PAD TO THE PROPOSED
BUILDING. THE CONTRACTOR IS RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE POWER SERVICE
INSTALLATION AND SHALL COORDINATE WITH THE POWER COMPANY FOR FINAL UNDERGROUND
CONDUIT LOCATIONS.
2) CENTERPOINT ENERGY WILL PERFORM THE GAS SERVICE CONNECTION, INSTALL THE CONDUIT, AND
SET THE METER FOR THE BUILDING. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING THE SERVICE
FROM THE METER INTO THE PROPOSED BUILDING. THE CONTRACTOR MUST COORDINATE WITH
CENTERPOINT ENERGY.
3) CONTRACTOR MUST PROVIDE AND INSTALL A 3" PVC CONDUIT WITH PULL STRING, FROM THE
EXISTING TELEPHONE SERVICE POLE TO THE TELEPHONE BOARD IN THE BUILDING. THE CONTRACTOR
MUST ALSO PROVIDE A #6 GROUND WIRE AT THE TELEPHONE BOARD FOR THE TELEPHONE COMPANY TO
INSTALL A PHONE LINE.
4) CITY OF SCHERTZ WILL FURNISH THE DOMESTIC WATER METER, HOWEVER THE CONTRACTOR WILL
BE REQUIRED TO FURNISH ALL EQUIPMENT AND PERFORM THE TAP AND INSTALLATION. THE
CONTRACTOR MUST PROVIDE AND INSTALL THE METER BOX, DOUBLE CHECK BACKFLOW PREVENTER
AND ENCLOSURE, AND THE WATER SERVICE LINE FROM THE WATER METER TO THE BUILDING.
5) CITY OF SCHERTZ WILL FURNISH THE IRRIGATION METER, HOWEVER THE CONTRACTOR WILL BE
REQUIRED TO FURNISH ALL EQUIPMENT AND PERFORM THE TAP AND INSTALLATION.. THE CONTRACTOR
MUST PROVIDE AND INSTALL THE METER BOX, DOUBLE CHECK BACKFLOW PREVENTER AND
ENCLOSURE, AND THE IRRIGATION LINES TO THE AREAS SPECIFIED ON THIS SHEET AND ON SHEET 1 -1.
6) CONTRACTOR SHALL COORDINATE AS REQUIRED WITH CITY OF SCHERTZ INSPECTIONS DURING
CONSTRUCTION FOR REQUIRED INSPECTIONS.
7) THIS SITE INDICATES POTABLE WATER SERVICE AND SANITARY SEWER LATERALS. THIS WORK TO BE
INSTALLED BY A LICENSED PLUMBER IF STATE LAW REQUIRES. ALL WORK MUST BE INSPECTED BY CITY
OF SCHERTZ CODES AND INSPECTION DEPARTMENT.
8) ALL ON -SITE PVC PIPE SHALL HAVE CLASS B BEDDING.
9) ALL CONDUIT, PIPE, AND CHASE PIPE SHALL BE WRAPPED WITH THE APPROPRIATE LOCATION WIRE
AND TAPE.
10) NO PRESSURE REDUCING VALVES ARE TO BE INSTALLED ON FIRE LINES. ALL FIRE LINES ARE TO BE
INSPECTED BY CITY OF SCHERTZ FIRE SERVICE PRIOR TO COVERING.
11) NOTIFY WATER AND SEWER INSPECTOR PRIOR TO START OF CONSTRUCTION.
12) CONTRACTOR SHALL PROVIDE A COMPLETE SET OF AS -BUILT DRAWINGS INCLUDING ALL RIM
ELEVATIONS, INVERT ELEVATIONS, PIPE SIZES, AND PIPE MATERIAL FOR ALL PUBLIC MAINS TO THE
ENGINEER AS SOON AS INSTALLATION IS COMPLETE.
13) OWNER SHALL BE RESPONSIBLE FOR ANY REPAIR OR REPLACEMENT OF ANY IMPROVEMENTS
WITHIN THE SANITARY SEWER, WATER, DRAINAGE EASEMENT(S) DUE TO MAINTENANCE OF SEWER,
WATER, STORM DRAIN OF CITY OF SCHERTZ.
14) CONTRACTOR SHALL INSTALL THE DOWNSTREAM SANITARY SEWER CONNECTION IN THE RIGHT OF
WAY PRIOR TO THE INSTALLATION OF THE ON -SITE SERVICE LATERALS. THE CONTRACTOR SHALL FIELD
VERIFY ALL EXISTING UTILITIES SHOWN ON THE PLANS BY POT HOLING THE LINES. THE CONTRACTOR
SHALL HAVE THE LINES SURVEYED, INCLUDING HORIZONTAL AND VERTICAL LOCATION, AND THE
SURVEYED POINTS SENT TO THE PROJECT ENGINEER TO DETERMINE IF ANY UTILITY CONFLICTS WILL
AFFECT THE CURRENT SANITARY SEWER DESIGN.
15) PVC WATER LINES LESS THAN 3" SHALL BE ASTM D 2241, SDR 21 WITH INTEGRALLY MOLDED BELL
ENDS, ASTM D 2672. PVC WATER LINES 3" AND LARGER SHALL BE AWWA C900, RATED DR 18 (CLASS 150)
WITH INTEGRALLY MOLDED BELL ENDS, ASTM D3139. DIP WATER LINES SHALL BE AWWA C151,
THICKNESS CLASS 50.
16) PVC SANITARY SEWER LINES SHALL BE ASTM D 3034, RATED SDR 35 WITH INTEGRALLY MOLDED BELL
ENDS, ASTM D 3034, TABLE 2, WITH FACTORY SUPPLIED ELECTROMETRIC GASKETS AND LUBRICANT. DIP
SANITARY SEWER LINES SHALL BE ASTM A746, CLASS 50 WITH AWWA C111, RUBBER GASKET JOINT
DEVICES.
17) DEMOLISHED UTILITIES NOT DEPICTED ON THIS SHEET. REFER TO THE DEMOLITION PLAN.
18) CONTRACTOR TO SAWCUT ANY SIDEWALK OR PAVEMENT THAT IS TO BE REMOVED FOR UTILITY
INSTALLATION. CONTRACTOR IS RESPONSIBLE FOR REPLACING SIDEWALK, PAVEMENT AND EXISTING
INFRASTRUCTURE THAT IS REMOVED /ALTERED DURING INSTALLATION OF WATER LINE. CONTRACTOR
TO MATCH EXISTING CONDITION OF SIDEWALK AND PAVEMENT.
19) THE CONTRACTOR MUST FOLLOW AND ABIDE BY STANDARD NOTES AND REQUIREMENTS PROVIDED
IN THE STANDARD DETAILS FOR THE CITY OF SCHERTZ PUBLIC WORKS. PLEASE REFER TO THE DETAIL
SHEETS WITHIN THE DEVELOPMENT SET FOR DETAILS.
SCHERTZ RETAIL CENTER EXHIBIT A
/PS
LEGEND
EXISTING FENCE LINE
PROPERTY LINE
EXISTING UNDERGROUND COMMUNICATION LINE
\E'P 0HP Dip
EXISTING OVERHEAD POWER LINE
v
EXISTING WATER LINE
„..
EXISTING STORM LINE
CATV CATV
PROPOSED CABLE TELEVISION LINE
—FOC FOC FOC—
PROPOSED FIBER OPTIC LINE
-OHP OHP OHP—
PROPOSED OVERHEAD POWER LINE
uGie uGie
PROPOSED UNDERGROUND POWER LINE
uG(r u0 /T
PROPOSED UNDERGROUND TELEPHONE LINE
—GAS GAS GAS—
PROPOSED GAS LINE
— SS SS SS —
PROPOSED SANITARY SEWER LINE
—w w w—
PROPOSED WATER LINE
—Fw Fw Fw—
PROPOSED FIRE WATER LINE
PROPOSED STORM LINE
PROPOSED UTILITY TRENCH AND PAVEMENT
SCHERTZ RETAIL CENTER EXHIBIT A
/PS
\c /
t �
\
\
\
\
\
O \ \ \
. 1
...v .
61 `\
q \
,
v\ y�{
400 / $ t
,
-
PROPOSED 12" INLINE VALVE
SGHtK I Z PAVEU AREA I HENGH
DETAIL FOR WATER MAIN yz�;,..tt. # '
INSTALLATION (TRENCH TO BE 6'
_�'-- 8" X 8" X 8" CUT IN WATER TEE WIDE CENTERED ON MAIN INSTALL, V
— (2) 8" VALVES BUILT INTO WATER TEE 3' OFF FACE OF CURB)
" — CONTRACTOR TO OPEN CUT ROADWAY
FOR WATER MAIN EXTENSION ' l�
„
UTILITY EXHIBIT
Developer Responsibility - Wastewater
Developer Responsibility -Water
City Responsibility - Water
37 LF LF OF 8" C900 PVC WATER LINE
i
12" X 8" WATER REDUCER
7 f
89 LF LF OF 12" C900 PVC WATER LINE - t
"A� APPROX/MA TEL 0CAT/ON OF
SANITARY SEWER MANHOLE
APPROX/MA TEL OCAT /ON OF `
18" SANITARY SEWER
GRAV/TYMA /N
EXISTING RIGHT -OF -WAY LINE
i"
p P` CONTRACTOR TO MAINTAIN A MINIMUM HORIZONTAL
y7z -" SEPARATION OF 4' FROM THE EXISTING MAIN TO THE
r -" PROPOSED MAIN.
--� 290 LF OF 12" C900 PVC WATER LINE
EXISTING GROUND MOUNTED `
TRANSFORMER (CONTRACTOR TO
COORDINATE WITH GVEC DURING
CONSTRUCTION TO MAINTAIN POWER
SERVICE)
PROPOSED FIRE HYDRANT
(REFER TO CITY OF SCHERTZ
FIRE HYDRANT ASSEMBLY
45 DEGREE WATER BEND DETAIL)
— THRUST BLOCK
(TYP.)
%VCVS
pharmacy TM
14,698-LEFT
DIVIVE-TUVU BU, ►lPO
ENGINEER:
FORES11TE
Foresite Group, Inc.
1999 Bryan St.
Suite 890
Dallas, TX 75201
CONSULTANT:
o 214.939.7123
f 888.765.8135
w ( www.fg- inc.net
REVISIONS:
CITY COMMENTS 03/20/2017
CITY COMMENTS 03/30/2017
CITY COMMENTS 04/04/2017
CITY COMMENTS 04/06/2017
CITY COMMENTS 04/10/2017
CITY COMMENTS 4/18/2017
CITY COMMENTS 4/19/2017
DRAWING BY: DK
DATE: 02/24/2017
JOB NUMBER: 164.079
TITLE:
UTILITIES PLAN
SHEET NUMBER:
C�3 ■ 1_
COMMENTS:
NOT RELEASED FOR CONSTRUCTION
i'
\c /
t �
\
\
\
\
\
O \ \ \
. 1
...v .
61 `\
q \
,
v\ y�{
400 / $ t
,
-
PROPOSED 12" INLINE VALVE
SGHtK I Z PAVEU AREA I HENGH
DETAIL FOR WATER MAIN yz�;,..tt. # '
INSTALLATION (TRENCH TO BE 6'
_�'-- 8" X 8" X 8" CUT IN WATER TEE WIDE CENTERED ON MAIN INSTALL, V
— (2) 8" VALVES BUILT INTO WATER TEE 3' OFF FACE OF CURB)
" — CONTRACTOR TO OPEN CUT ROADWAY
FOR WATER MAIN EXTENSION ' l�
„
UTILITY EXHIBIT
Developer Responsibility - Wastewater
Developer Responsibility -Water
City Responsibility - Water
37 LF LF OF 8" C900 PVC WATER LINE
i
12" X 8" WATER REDUCER
7 f
89 LF LF OF 12" C900 PVC WATER LINE - t
"A� APPROX/MA TEL 0CAT/ON OF
SANITARY SEWER MANHOLE
APPROX/MA TEL OCAT /ON OF `
18" SANITARY SEWER
GRAV/TYMA /N
EXISTING RIGHT -OF -WAY LINE
i"
p P` CONTRACTOR TO MAINTAIN A MINIMUM HORIZONTAL
y7z -" SEPARATION OF 4' FROM THE EXISTING MAIN TO THE
r -" PROPOSED MAIN.
--� 290 LF OF 12" C900 PVC WATER LINE
EXISTING GROUND MOUNTED `
TRANSFORMER (CONTRACTOR TO
COORDINATE WITH GVEC DURING
CONSTRUCTION TO MAINTAIN POWER
SERVICE)
PROPOSED FIRE HYDRANT
(REFER TO CITY OF SCHERTZ
FIRE HYDRANT ASSEMBLY
45 DEGREE WATER BEND DETAIL)
— THRUST BLOCK
(TYP.)
%VCVS
pharmacy TM
14,698-LEFT
DIVIVE-TUVU BU, ►lPO
ENGINEER:
FORES11TE
Foresite Group, Inc.
1999 Bryan St.
Suite 890
Dallas, TX 75201
CONSULTANT:
o 214.939.7123
f 888.765.8135
w ( www.fg- inc.net
REVISIONS:
CITY COMMENTS 03/20/2017
CITY COMMENTS 03/30/2017
CITY COMMENTS 04/04/2017
CITY COMMENTS 04/06/2017
CITY COMMENTS 04/10/2017
CITY COMMENTS 4/18/2017
CITY COMMENTS 4/19/2017
DRAWING BY: DK
DATE: 02/24/2017
JOB NUMBER: 164.079
TITLE:
UTILITIES PLAN
SHEET NUMBER:
C�3 ■ 1_
COMMENTS:
NOT RELEASED FOR CONSTRUCTION
EXHIBIT B
SCHERTZ RETAIL CENTER
WATER AND WASTEWATER EXTENSION COST
Description
Cost Quantity
Unit
Unit Cost Unit
E manhole over existing stub
$ 7,758.70
1
$ 7,758.70 LUMP
8 SDR 26 PCV Pipe
$23,241.55
423 LF
$ 54.94 LF
8 "x6" single clean out w Traffic Cover
$ 2,263.50
1
$ 2,263.50 LUMP
5' Manholes with 32" Ring and Covers
$ 28,878.80
4
$ 7,219.70 EACH
5' Risers
$17,838.60
6
$ 2,973.10 EACH
Road Bores with Pits
$35,084.45
1
$ 35,084.45 LUMP
18 Casing
$9,458.20
131 LF
$ 72.20 LF
18" Ca sing Spacers and Seals
$3,244.50
7
$ 463.50 EACH
Detectable Warning Tape
$ 167.75
1
$ 167.75 EACH
Trench Excavation Protection
$1,677.50
1
$ 1,677.50 LUMP
Spoil Removal
$ 2,200.00
1
$ 2,200.00 LUMP
Manhole Testing
$ 1,254.00
1
$ 1,254.00 LUMP
Air Test
$ 544.50
1
$ 544.50 LUMP
Subtotal Offsite Sewer $ 133,612.05
12" MJ Cut In Tee with MegaLug
$
5,117.75
1 EACH
$ 5,117.75 EACH
8" Ml Cut In Tee with Megalug
$
4,557.55
1 EACH
$ 4,557.55 EACH
12" Ml Gate Valve with Box
1 EACH
$14,694.30
8 EACH
$ 1,836.79 EACH
8" Ml Gate Valve with Box
$
3,098.10
2 EACH
$ 1,549.05 EACH
12" C -900 Dr -14 PVC Pipe
$
46,413.20
1220 LF
$ 38.04 LF
8" C -900 Dr-14 PVC Pipe
$
598.00
37 LF
$ 16.16 LF
6" PR 350 Ductile Iron Pipe
$
2,047.65
52 LF
$ 39.38 LF
MJ 1/32" deg Bend w Megalug
$
1,291.90
1 EACH
$ 1,291.90 EACH
MJ 1/16" deg Bend w Mega
$
660.90
1 EACH
$ 660.90 EACH
M11/8" deg Bend w Megalug
$
2,02120
3 EACH
$ 674.40 EACH
12x6 MJ Anchor Tee
$
2,947.20
4 EACH
$ 736.80 EACH
12 Ml Tee w Mega Lug
$
887.46
1 EACH
$ 887.46 EACH
12x8 MJ Reducer w MegaLug
$
558.80
1 EACH
$ 558.80 EACH
12" Vertical Offset
$
2,337.60
2 EACH
$ 1,168.80 EACH
12x2 Temp Blow off
$
1,577.65
1 EACH
$ 1,577.65 EACH
4 Std Hydrant Assy Complete
$
17,789.60
4 EACH
$ 4,447.40 EACH
3000 PSI thrust block
$
4,033.80
5 EACH
$ 806.76 EACH
Detectable warning tape
$
312.25
2 EACH
$ 156.13 EACH
Hydrostatic Pressure Test
$
560.20
1 LUMP
$ 560.20 LUMP
Spoils Removal
$
4,950.00
1 LUMP
$ 4,950.00 LUMP
2" asphalt repair
$
11,157.80
577 SQ. YD.
$ 19.34 SQ. YD.
Traffic Control
$
13,200.00
1 LUMP
$ 13,200.00 LUMP
Steel Plates
$
2,750.00
1 LUMP
$ 2,750.00 LUMP
290 cu yds flowable Fill
$
38,280.00
290 Cu Yds
$ 132.00 Cu Yds
2" adjust existing fire hydrant
$
1,244.90
1 EACH
$ 1,244.90 EACH
2" demo existing meter at Tap
$
24930
1 EACH
$ 249.90 EACH
All costs by Five star (subdivided by Tenants)
Schertz Retail Center Costs (To be split among tenants)
City of Schertz Costs
Cost Schertz Quantity Schertz Unit
Unit Cost Unit
$ -
0 EACH
$ 5,117.75 EACH
$ 4,557.55
1 EACH
$ 4,557.55 EACH
$ 1,836.79
1 EACH
$ 1,836.79 EACH
$ 3,098.10
2 EACH
$ 1,549.05 EACH
$20,315.29
534 LF
$ 38.04 LF
$ 598.00
37 LF
$ 16.16 LF
$ 1,023.83
26 LF
$ 39.38 LF
$ 1,29130
1 EACH
$ 1,291.90 EACH
$ -
0 EACH
$ 660.90 EACH
$ 1,348.80
2 EACH
$ 674.40 EACH
$ 1,473.60
2 EACH
$ 736.80 EACH
$ -
EACH
$ 887.46 EACH
$ 558.80
1 EACH
$ 558.80 EACH
$ -
0 EACH
$ 1,168.80 EACH
$ -
0 EACH
$ 1,577.65 EACH
$ 8,894.80
2 EACH
$ 4,447.40 EACH
$ 2,420.28
3 EACH
$ 806.76 EACH
$ 156.13
1 EACH
$ 156.13 EACH
$ -
0 LUMP
$ 560.20 LUMP
$ -
0 LUMP
$ 4,950.00 LUMP
$ 4,737.71
245 SQ. YD.
$ 19.34 SQ. YD.
$ 6,600.00
0.5 LUMP
$ 13,200.00 LUMP
$ 2,750.00
1 LUMP
$ 2,750.00 LUMP
$16,236.00
123 Cu Yds
$ 132.00 Cu Yds
$ -
0 EACH
$ 1,244.90 EACH
$ -
0 EACH
$ 249.90 EACH
Schertz Retail Center Costs (To be split among tenants)
Cost Five Star Quantity Five
Star Unit
Unit Cost Unit
$ 5,117.75
1 EACH
$ 5,117.75 EACH
$ -
0 EACH
$ 4,557.55 EACH
$ 12,857.51
7 EACH
$ 1,836.79 EACH
$ -
0 EACH
$ 1,549.05 EACH
$ 26,097.91
686 LF
$ 38.04 LF
$ -
0 LF
$ 16.16 LF
$ 1,023.83
26 LF
$ 39.38 LF
$ -
0 EACH
$ 1,29130 EACH
$ 660.90
1 EACH
$ 660.90 EACH
$ 674.40
1 EACH
$ 674.40 EACH
$ 1,473.60
2 EACH
$ 736.80 EACH
$ 887.46
1 EACH
$ 887.46 EACH
$ -
0 EACH
$ 558.80 EACH
$ 2,337.60
2 EACH
$ 1,168.80 EACH
$ 1,577.65
1 EACH
$ 1,577.65 EACH
$ 8,894.80
2 EACH
$ 4,447.40 EACH
$ 1,613.52
2 EACH
$ 806.76 EACH
$ 156.13
1 EACH
$ 156.13 EACH
$ 560.20
1 LUMP
$ 560.20 LUMP
$ 4,950.00
1 LUMP
$ 4,950.00 LUMP
$ 6,420.09
332 SQ. YD.
$ 19.34 SQ. YD.
$ 6,600.00
0.5 LUMP
$ 13,200.00 LUMP
$ -
0 LUMP
$ 2,750.00 LUMP
$ 22,044.00
167 Cu Yds
$ 132.00 Cu Yds
$ 1,244.90
1 EACH
$ 1,244.90 EACH
$ 249.90
1 EACH
$ 249.90 EACH
Offsite Water Subtotal $ 183,339.71 $77,897.57 $105,442.14
Agenda No. 8
CITY COUNCIL MEMORANDUM
City Council Meeting: November 14, 2017
Department: Information Technology
Subject: Resolution No. 17 -R -99 Resolution
authorizing the City of Schertz to
purchase Office 365 licenses, MS
Project licenses, Adobe Software,
Windows user licenses, Windows
Server licenses, StormWinds training
licenses, SCCM software &
hardware and any miscellaneous
software, hardware and licenses from
SHI Government, a State of Texas
DIR vendor not to exceed
$147,260.00.
In April of 2017, the City Council authorized the City Manager to enter into an agreement
with SHI for the renewal of Office 365 email services under :Resolution 17 -R -24. The City is
requesting the purchase of additional Office 365 licenses as well as the approved line items
in the I.T. Dept. budget as outlined in the Fiscal Impact section. Staff would like to procure
these items through SHI.
SHI Government is the only authorized Microsoft partner for local government in the state of
Texas- this authorization gives the City access to support and consulting services at a
discount, as well as having access to MS services not available through other channels. As
such, approximately $1.14,000 of the purchases really need to be purchased through SHI to
ensure the City receives the necessary warranties and support. While the remaining $33,000
of items can be purchased from other vendors, past experience indicates SHI is likely to be
the least expensive. Quotes will be obtained before making these purchases, but approval of
this item allows staff to make the purchases with SHI and not have to get additional approval
from Council.
Approximately $40,000 of the requested $1.47,000 is for recurring expenses associated with
licensing and ongoing training. Approximately $90,000 is associated with upgrading to
Windows 10, something that is necessary in order to ensure deployment of the necessary
security updates to the City's system. The remaining approximately $17,000 is for
miscellaneous items, both hardware and software as well as additional licenses necessitated
by increased staff levels.
GOAL:
Approval of I.T.'s budgeted expenditures to continue its elevated level of service, follow
federal and state compliancy regulations and maintain the City's growth.
COMMUNITY BENEFIT:
Advance authorization to spend funds with a DIR vendor, SHI, allows the City to move
quickly when making purchases while working to reduce costs as City resources are conserved
and purchasing efficiencies are maximized through use of a streamlined procurement process
to find the best pricing.
SUMMARY OF RECOMMENDED ACTION:
Approval of Resolution 1.7 -R -99 authorizing the City to procure hardware, software, Office
365 licenses, and miscellaneous IT Related items through a State DIR Vendor, SHI
Government from approved budgeted funds for the Fiscal year of Oct 2017 . thru Sept 2018 in
the amount not to exceed $147,260.00.
FISCAL IMPACT:
$24,000.00 for Office 365 license renewal. (approved line item in the IT dept. budget)
$4,500.00 for Microsoft Project licenses.
$2,450.00 for Windows Enterprise licenses for Mobile devices to be complaint with HIPAA,
CJIS, PCI and PII regulations.
$39,450.00 for SCCM software (system center configuration manager) to streamline the
imaging of new computers for staff (approved line item in the IT dept. budget)
$22,500.00 for SCCM hardware to streamline the imaging of new computers for staff
(approved line item in the IT dept. budget)
$3,000.00 for Adobe Professional /Cloud software licenses (approved line item in the IT dept.
budget)
$14,000.00 for Windows Server CAL licenses (approved line item in the IT dept. budget)
$11,000.00 for Windows 10 Enterprise licenses (approved line item in the IT dept. budget)
$8,970.00 for StormWinds IT Technician training (approved line item in the IT dept. budget)
$17,390.00 for miscellaneous hardware /software, purchase of additional 0365 licenses
(approved line item in the IT dept. budget)
STAFF RECOMMENDATION:
Approval of Resolution No. 17-R-99
ATTACHMENTS:
Resolution 17-R-99
RESOLUTION NO. 17 -R -99
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY TO PURCHASE OFFICE
365 LICENSES, MS PROJECT LICENSES, ADOBE SOFTWARE,
WINDOWS USERS LICENSES, WINDOWS SERVER LICENSES,
STORMWINDS TRAINING LICENSES, SCCM SOFTWARE &
HARDWARE AND MISC SOFTWARE, HARDWARE AND LICENSES
FROM SHI GOVERNMENT, A STATE DIR VENDOR NOT TO EXCEED
$147,260.00 DURING FISCAL YEAR 2017- 2018, AND OTHER MATTERS
IN CONNECTION THEREWITH
WHEREAS, the City of Schertz (the "City ") has budgeted expenditures for hardware,
software, licensing and misc. IT hardware replacements; and
WHERAS, City staff has determined that SHI Government, a Texas DIR vendor,
provides the best value and solution to the City for essential software and hardware, any other
related technology; and
WHEREAS, purchases under the DIR programs meet the requirements under the Texas
Local Government Purchasing Code as adopted by the City of Schertz Resolution 1.1 -R -41 on
August 30, 2011; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes expenditures up to $1.47,260.00 for
FY 2017 -2018 with SHI Government for related software, hardware, licensing and misc. IT
related items not to exceed $1.47,260.00.
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 14th day of November 2017.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
50506221.1 - 2 -
Agenda No. 9
City Council Meeting: November 14, 2017
Department: Information Technology
Subject: Resolution No. 17 -R -103 - A
Resolution by the City Council of
Schertz authorizing purchases up to
$85,000 with any one vendor to include
Southern Computer Warehouse, Intech
Southwest and CDW.
The City has historically purchased software and hardware from vendors belonging to
purchasing cooperatives (DIR and Buy Board) such as Southern Computer Warehouse
(SCW), SHI, Intech SW and Computer Discount Warehouse (CDW). This has allowed
the City to procure software and hardware for best - value and capitalize on volume
discounts. It is our policy to seek out the best pricing for the City whenever we anticipate
a large purchase. Historically Intech SW, Southern Computer Warehouse (SCW) and
Computer Discount Warehouse (CDW) have provided the best pricing for our purchasing
needs. We will continue to seek out vendors that provide us with the best possible pricing
each fiscal year as per our Purchasing policy.
The City's practice is to seek authorization from Council when expenditures with a vendor
may possibly exceed $50,000 in one fiscal year. Staff is requesting approval to spend up
to $85,000 with any one of these vendors, Southern Computer Warehouse, Intech
Southwest and CDW as part of the City's software and hardware program for the FY
2017 -18 as budgeted in the IT Dept. approved line items.
The Finance and Purchasing departments have been working to implement procedures with
regard to purchase orders to prevent situations in the future where multiple departments
making purchases with one vendor exceed $50,000 without Council approval. This will
involve using the purchase order system to serve to authorize a purchase rather than
approve the payment of an invoice. IT will also monitor purchases made by all departments
with Southern Computer Warehouse.
COMMUNITY BENEFIT
Advance authorization to spend funds with a vendor allows the City to move quickly when
making purchases while working to reduce costs as City resources are conserved and
purchasing efficiencies are maximized through use of a streamlined procurement process
to find the best pricing.
_ NiVA IUV K1 WAILIJ 2 t,4 1
Staff recommends that Council authorize expenditures up to $85,000 with Southern Computer
Warehouse, Intech Southwest and CDW in FY 2017 -1.8.
FISCAL IMPACT
Funds are budgeted and available for the City's Software and Hardware program to purchase
approximately $245,000 worth of items. Some of the items anticipated to be purchase include:
Desktop Replacement Hardware $25,000.00
SCCM Server Hardware- $22,500.00
Library PACs desktop replacement hardware $26,848.00
Library Children's desktop replacement hardware $3,500.00
Library Polaris Server replacement $16,000.00
Library Teen Table desktop replacements $6,71.2.00
Library Genealogy desktop replacements $1,000.00
Library Staff desktop replacements $2,500.00
Library Bookstore monitor replacement $700.00
Library Firewall replacement - $4,950.00
Library Overhead projector replacements $13,854.00
Desktop UPS refresh $7,500.00
Server UPS refresh $10,000.00
Monitor refresh $7,500.00
IT Network KVM replacements $2,500.00
Surface Pro Tablet replacements $2,400.00
Any Miscellaneous hardware for budgeted items for server replacement, desktops, tablets, laptops,
monitors, ups.
Any combination of these items listed above could be purchased thru one or more of 3 vendors
listed above. Last fiscal year, the City spent approximately $12,000 with CDW, $15,000 with Intech
Southwest, and $60,000 with
ATTACHMENTS
Resolution 17 -R -103
RESOLUTION NO. 17 -R -103
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING PURCHASES UP TO $85,000
WITH ANY ONE VENDOR, INCLUDING SOUTHERN
COMPUTER WAREHOUSE, INTECH SOUTHWEST AND CDW
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City of Schertz (the "City ") has budgeted expenditures for hardware,
software, licensing and misc. IT hardware replacements; and
WHEREAS, City staff has determined that Southern Computer Warehouse, Intech
Southwest and CDW, a Texas cooperative, DIR and Buy Board vendor, provides the best -value
to the City for essential software and hardware, and any other related technology; and
WHEREAS, purchases under these programs meet the requirements under the Texas
Local Government Purchasing Code rule for cooperative purchases as adopted by the City of
Schertz Resolution 1 l -R -41 on August 30, 2011 amending the City's purchasing policy; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes expenditures up to $85,000 for FY 2017-
1.8 for any one vendor to include Southern Computer Warehouse, Intech Southwest and CDW
for related software and hardware purchases, not to exceed the approved budgeted amounts
utilizing various cooperatives, DIR and Buy Board contracts.
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 14th day of November 2017.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
MEMORANDUM
City Council Meeting:
Department:
Subject:
C• � 1
Item No. 10
November 14, 2017
Economic Development
Resolution No. 17 -R -100
Consider /Discussion /Act on
Amendment No. 2 to the
Development Agreement (GE Oil
and Gas LLC.)
History — The City of Schertz, Texas (the "City "), the City of Schertz Economic
Development Corporation (the "SEDC "), and GE Oil and Gas Inc. ( "GE ") entered into a
Development Agreement (the "Agreement ") on February 4, 2014. Under the Agreement,
GE agreed to retain and expand its operation in Schertz by making an $8 million capital
investment, retaining 225 Full -Time Jobs, adding an additional 175 Full Time Jobs, and
creating an annual Gross Payroll of $16 million until December 31, 2020. In consideration,
the City agreed to expedite the development permits associated with the capital investment
and the SEDC agreed to provide an Infrastructure Incentive. On May 3, 2016, an
Amendment was created which adjusted the reporting mechanism, no other terms of the
Agreement were modified. Currently, all of the terms of the Agreement have been met by
each party.
Proposed Amendment No. 2 — In July 2017, Baker Hughes, a GE company completed
their transaction that combines GE Oil & Gas business activity with Baker Hughes. The
new venture impacts the Agreement and requires that the SEDC and City Council authorize
an assignment for the Agreement to remain in place. Additionally, the new venture will
adjust its Schertz operations to ensure its long -term viability and market competitiveness.
Amendment No. 2 establishes the following obligations that must be maintained through
December 31, 2020:
• Maintain at least 80 full time employees with a gross payroll of $4 million
• Maintain at least $26 million in real and personal property
• Submit the annual certification report by February 15th of each year
• Maintain jobs and AV tax property until December 31, 2020 with the final Annual
Certification Report due February 2021. In connection with these changes the
Amendment No. 2 adjusts the performance agreement
FISCAL IMPACT
There are no new fiscal impact associated with Amendment No. 2. The previous fiscal
implications of the project include a payment by the SEDC of $196,002.80 for the
Infrastructure Incentive and the collection of $773,454.1.5 in property taxes by the City of
Schertz for the 2014, 2015 . and 2016 . calendar years. The City will continue to collect all
future property taxes for this project.
SEDC BOARD OF DIRECTORS RECOMMENDATION
The SEDC Board of Directors authorized Amendment No. 2 and made a recommendation
to the City Council to authorize the amendment at their meeting on October 26, 2017. A
motion was made by Mark Tew Seconded by Gary Howell. The motion passed
unanimously.
Staff recommends approval of the proposed amendment which will ensure the continual
operations of the facility and continue to provide a positive economic impacts to the City
of Schertz.
ATTACHMENT(S)
Resolution No. 16 -R -100
Amendment No. 2 and Assignment of the Development Agreement Between the City of
Schertz, City of Schertz Economic Development Corporation, and GE Oil & Gas LLC.
RESOLUTION NO. 17 -R -100
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AMENDMENT NO. 2 TO THE DEVELOPMENT
AGREEMENT AMONG THE CITY OF SCHERTZ, TEXAS, THE CITY OF
SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, AND GE OIL
AND GAS, LLC.; AUTHORIZING CERTAIN BENEFITS BY THE CITY
PURSUANT THERETO; AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, on February 4, 2014 the City of Schertz, Texas (the "City ") and the City of
Schertz Economic Development Corporation (the "SEDC ") entered into a Development
Agreement with GE Oil & Gas, Inc. (the "Developer ", and collectively with City and SEDC, the
"Parties "); and
WHEREAS, the Parties entered into Amendment No. 1 to the Development Agreement
effective as of April 25, 2016; and
WHEREAS, the City Council of the City and the Board of Directors of the SEDC have
found that the job creation and capital investment requirements for the Developer to reach to obtain .
the economic development incentive provided in the Development Agreement and the Amendment
No. 1 to the Development Agreement have been met as have the obligations of the City and SEDC;
and
WHEREAS, due to industry and market changes Developer desires to alter their business
model and structure for this sector of their operations; and
WHEREAS, the Developer has requested to assign the Development Agreement with
amendments from GE Oil & Gas Inc. to GE Oil & Gas LLC., which requires the consent and
approval of the Parties; and
WHEREAS, the Development Agreement states that no amendment shall be effective and
binding unless and until it is reduced to writing and signed by duly authorized representatives of
the PARTIES; and
WHEREAS, the CITY and SEDC have reviewed the proposed assignment and amendment
and find that the approval of the assignment and amendments as set forth herein are in the best
interest of the PARTIES and will continue to meet the requirements that any such incentives are
required or suitable for the development, retention, or expansion of manufacturing and industrial
facilities in the CITY and for the creation and retention of "primary jobs ", meaning those jobs that
are available at a company in the manufacturing sector for which a majority of the products or
services of that company are ultimately exported to regional, statewide, national, or international
markets infusing new dollars into the local economy; and
WHEREAS, the SEDC held a meeting on October 26, 2017, and the Board of Directors
voted to recommend approval of Amendment No. 2 to the Development Agreement (GE Oil &
Gas, Inc.) ( "Second Amendment ") to the City Council; and
1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
Section 1. The City Council hereby approves Amendment No. 2 to the Development
Agreement (GE Oil & Gas, LLC.) and authorizes the City Manager to execute and deliver the
amendment with the SEDC, and the Developer 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.
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 l 4th day of November, 2017. .
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
CITY OF SCHERTZ, TEXAS
Michael Carpenter, Mayor
N
EXHIBIT A
AMENDMENT NO.2 TO THE
DEVELOPMENT AGREEMENT
(GE Oil & Gas LLQ
FEW
AMENDMENT NO.2 AND ASSIGNMENT OF THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SCHERTZ, CITY OF SCHERTZ ECONOMIC
DEVELOPMENT CORPORATION, AND GE OIL & GAS LLC.
This Second Amendment and Assignment of Development Agreement (the "Agreement ")
is entered to be effective as of the 14th of November 2017, among CITY OF SCHERTZ, TEXAS,
a Texas municipal corporation and home rule city (hereinafter referred to as "CITY "), the CITY
OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, a Texas Non- profit Industrial
Development Corporation (hereinafter referred to as "SEDC "), and GE Oil & Gas LLC, a
Delaware Corporation (hereinafter referred to as "DEVELOPER ", and collectively with CITY and
SEDC, the "PARTIES ").
WHEREAS, the PARTIES entered into a Development Agreement effective as of February 4,
2014; and,
WHEREAS, the PARTIES entered into Amendment No. 1 to the Development Agreement
effective as of April 25, 2016; and,
WHEREAS, the City Council of the CITY and the Board of Directors of the SEDC have found
that the job creation and capital investment requirements for the DEVELOPER to reach to obtain
the economic development incentives provided in the Development Agreement and Amendment
No. 1 to the Development Agreement have been met as have the obligations of the CITY and
SEDC; and,
WHEREAS, due to industry and market changes DEVELOPER desires to alter their business
model and structure for this sector of their operations; and,
WHEREAS, the DEVELOPER has requested to assign the Development Agreement with
amendments from GE Oil & Gas Inc. to GE Oil & Gas LLC., which requires the consent and
approval of the PARTIES; and,
Page 1 of 6
WHEREAS, the Development Agreement states that no amendment shall be effective and binding
unless and until it is reduced to writing and signed by duly authorized representatives of the
waamummol
WHEREAS, the CITY and SEDC have reviewed the proposed assignment and amendment and
find that the approval of the assignment and amendments as set forth herein are in the best interest
of the PARTIES and will continue to meet the requirements that any such incentives are required
or suitable for the development, retention, or expansion of manufacturing and industrial facilities
in the CITY and for the creation and retention of "primary jobs ", meaning those jobs that are
available at a company in the manufacturing sector for which a majority of the products or services
of that company are ultimately exported to regional, statewide, national, or international markets
infusing new dollars into the local economy.
NOW, THEREFORE, for and in consideration of the premises and mutual covenants and
promises hereinafter set forth, the Parties hereby agree as follows:
I. ASSIGNMENT
All rights and obligations of DEVELOPER, GE Oil & Gas Inc., a Delaware Corporation, as set
forth in the Development Agreement and Amendment No. 1 to the Development Agreement, and
all further rights and obligations set forth in the Amendment No. 2 and Assignment of the
Development Agreement are hereby assigned to and assumed by GE Oil & Gas LLC., and any
reference in any documents to DEVELOPER shall be GE Oil & Gas LLC.
II. AMENDMENTS
1. DEVELOPER's Obligations and Representations
The PARTIES, having found that the job creation and capital investment requirements for
the DEVELOPER to reach to obtain the economic development incentives provided in the
Development Agreement have been met as have the obligations of the CITY and SEDC,
Page 2 of 6
hereby agree to the following DEVELOPER obligations for the remaining term of the
Development Agreement. The obligations recited below shall amend and supersede those
stated in the Development Agreement.
a. Maintain at least 80 full time employees with a gross payroll of $4 million
b. Maintain at least $26 million in real and personal property
c. Submit the annual certification report by February 1.51h of each year
d. Maintain jobs and AV tax property until December 31, 2020 with the final
Annual Certification Report due February 2021.
The PARTIES hereby agree that in the event of a default or breach of this Agreement by
DEVELOPER, as DEVELOPER'S exclusive obligation, the DEVELOPER shall be
obligated to repay the amount of ONE HUNDRED NINETY SIX THOUSAND TWO
DOLLARS AND EIGHTY CENTS ($196,002.80), plus any costs and expenses, including
attorneys' fees, incurred by the CITY and the SEDC in connection with enforcement of the
provisions of this Agreement.
3. WRITTEN NOTICE
To DEVELOPER: GE Oil & Gas LLC.
1150 Schwab Road
Schertz, Texas 78154
Attn: Don Smith
To CITY: City of Schertz, Texas
1400 Schertz Parkway
Schertz, Texas 78 154
Attn: John Kessel, City Manager
With Copy to: Denton, Navarro, Rocha, Bernal & Zech P.C.
2517 North Main A venue
San Antonio, TX 7821.2
Attn: Charlie Zech
Page 3 of 6
With Copy to: Schertz Economic Development Corporation
1400 Schertz Parkway
Schertz, Texas 781.54
Attn: Kyle Kinateder, Executive Director
To SEDC: Schertz Economic Development Corporation
1400 Schertz Parkway
Schertz, Texas 78154
Attn: Kyle Kinateder, Executive Director
With Copy to: GE Oil & Gas (BHGE) Legal Department
17021 Aldine Westfield
Houston, Texas 77073
Attn: Mark Mehnert - Legal Dept.
With Copy to: Denton, Navarro, Rocha, Bernal & Zech P.C.
2517 North Main A venue
San Antonio, TX 78212
Attn: Charlie Zech
With Copy to: City of Schertz, Texas
1400 Schertz Parkway
Schertz, Texas78 1.54
Attn: John Kessel, City Manager
III. NO OTHER AMENDMENTS
Except as herein modified, the Development Agreement shall continue in full force and effect.
Page 4of6
Executed on this day of 2017.
CITY OF SCHERTZ ECONOMIC
DEVELOPMENT CORPORATION
U-M,
ATTEST:
im.
Tim Brown, President
CITY OF SCHERTZ, TEXAS
U-In
ATTEST:
By:
City Secretary
APPROVED AS TO FORM:
By:
City Attorney
John C. Kessel, City Manager
Page 5 of 6
Executed on this day of 2017.
DEVELOPER
By:
Name:
Title:
APPROVED AS TO FORM:
Page 6 of 6
Agenda No. 11
CITY COUNCIL MEMORANDUM
City Council Meeting: November 14, 2017
Department: Engineering
Subject: Resolution No. 17 -R -101 — Consideration
and/or action approving a Resolution
authorizing the acquisition of permanent and
temporary easements on Schaefer Road
necessary for the completion of pipelines
and appurtenances designed to carry water
in conjunction with the Corbett Elevated
Storage Tank Project
BACKGROUND
The City is in the process of final design for the construction of a one - million- gallon elevated water
storage tank in southern Schertz between Schaefer Road and the future extension of Ray Corbett Drive.
Provision is also planned for a complementary three- million - gallon ground storage tank and pumping
station in the same location. Accompanying the elevated tank project, portions of water distribution main
on Schaefer Road are being upgraded from 6 -inch mains to 12 -inch mains.
In order to install the new mains in their ultimate location within the future right of way of Schaefer Road
(secondary arterial, right of way 90' — current right of way is approximately 44'), it is proposed that the
mains be located outside the existing right of way in easements. The easements will be established to
remain until such time that the area is incorporated into the ultimate right of way of Schaefer Road.
Staff is seeking the authority to negotiate and acquire the necessary easements for installation of the water
distribution mains along Schaefer Road.
Goal
Approve Resolution 17 -R -101 for the negotiation and acquisition of temporary construction and
permanent water easements for water distribution main construction associated with the Corbett Elevated
Storage Tank Project.
Community Benefit
Through the acquisition of these easements at this time, the City will have the space to construct and
maintain the necessary water infrastructure along Schaefer Road and will not need to relocate the main
when Schaefer Road is widened in the future.
Summary of Recommended Action
Staff recommends Council approve Resolution 17 -R -101.
FISCAL IMPACT
An estimated amount of $30,000 is budgeted in the Corbett Elevated Storage Tank Project for easement
acquisition (City of Schertz Resolution 15- R -40). Funding for that budget amount is available from
Capital Recovery. Acquisition is not expected to exceed that amount. If any easement cannot be
acquired for approximately the anticipated amount and that would push the cost of acquiring all of the
easements above $30,000, staff will come back to Council to discuss that particular section(s) of
easement.
RECOMMENDATION
Staff recommends Council approval of Resolution 17 -R -101
ATTACHMENTS
Resolution 17 -R -101 with Exhibits
RESOLUTION NO. 17 -R -101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
AUTHORIZING THE ACQUISITION OF PERMANENT AND TEMPORARY
EASEMENTS ON SCHAEFER ROAD NECESSARY FOR THE COMPLETION OF
PIPELINES AND APPURTENANCES DESIGNED TO CARRY WATER IN
CONJUNCTION WITH THE CORBETT ELEVATED STORAGE TANK PROJECT
WHEREAS, to address the ongoing water needs of the City of Schertz, the City is
constructing the Corbett Elevated Storage Tank and corresponding waterline construction; and
WHEREAS, the proposed pipeline improvements will be installed in either existing
permanent pipeline easements held by the City or in new permanent easements which will be
owned by the City and acquired from property owners along Schaefer Road; and
WHEREAS, the proposed easements which will be held by the City will be located in a
manner to minimize impacts on the properties; and
WHEREAS, to facilitate the construction of the pipeline improvements and
appurtenances, temporary construction easements may also be obtained adjacent to the permanent
easements to provide the Contractor with adequate space for construction activities; and
WHEREAS, because this project involves the health safety and welfare of the public, time
is of the essence; and
WHEREAS, the City hereby seeks authority to negotiate and acquire all necessary
easements from the property owners along Schaefer Road.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Part 1: That the City of Schertz, Texas is hereby authorized to negotiate and acquire all necessary
easements from the property owners along Schaefer Road listed in Exhibit A, on each of the
properties listed in Exhibit B, for the pipeline project depicted and described in Exhibit C.
Part 2: That the City Manager is authorized to execute any and all documents necessary to complete
the acquisition of all necessary easements contemplated herein.
Part 3: That the City of Schertz finds that to protect the health, safety and welfare of the citizens
of the City of Schertz this project serves the public purpose of construction of pipelines and
appurtenances necessary to transfer water in conjunction with the Corbett Elevated Storage Tank.
Part 4: The recitals contained in the preamble hereof are hereby found to be true, and such recitals
are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment
and findings of the City Council.
Part 5: 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.
Part 6: This Resolution shall be construed and enforced in accordance with the laws of the State
of Texas and the United States of America.
Part 7: If any provision of this Resolution or the application thereof to any person or circumstance
shall be held to be invalid, the remainder of this Resolution and the application of such provision
to other persons and circumstances shall nevertheless be valid, and the City Council hereby
declares that this Resolution would have been enacted without such invalid provision.
Part 8: It is officially found, determined, and declared that the meeting at which this Resolution is
adopted was open to the public and public notice of the time, place, and subject matter of the public
business to be considered at such meeting, including this Resolution, was given, all as required by
Chapter 551, Texas Government Code, as amended.
Part 9: This Resolution shall be in force and effect from and after its final passage, and it is so
resolved.
PASSED AND ADOPTED, this 14th day of November, 2017.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
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10630 E FM 1518
SCHERTi', TX 78154
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10750 LISA MEADOWS
CIBOLO, TX 78108
5.86 ACRES
VOL. 5911 PG. 1540
PROPOSED 12"
WATER LINE
10' WATER EASEMENT
PARCEL 2
SCOTT ALAN WALKER
10820 LEVIES 'LIE LN.
CIBOLO, TX 78108
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EXHIBIT A, B & C
SCHAEFER ROAD WATER EASEMENT
FOR THE
CORBETT ELEVATED TANK PROJECT
CITY OF SCHERTZ, TEXAS
PREPARED NOVEMBER 9, 2017
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PHILLIP G & SANDRA DURIEUX
10750 LISA MEADOWS
CIBOLO, TX 78108
5.86 ACRES
VOL. 5911 PG. 1540
PROPOSED 12"
WATER LINE
10' WATER EASEMENT
PARCEL 2
SCOTT ALAN WALKER
10820 LEVIES 'LIE LN.
CIBOLO, TX 78108
3.63 ACRES
VOL. 16157 PG. 2322
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SCHAEFER ROAD WATER EASEMENT
FOR THE
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CITY OF SCHERTZ, TEXAS
PREPARED NOVEMBER 9, 2017
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Agenda No. 12
CITY COUNCIL MEMORANDUM
City Council Meeting: November 14, 2017
Department: Engineering
Subject: Resolution No. 17 -R -102 A Resolution by
the City Council of the City of Schertz,
Texas, accepting the appraised value offer of
the Texas Department of Transportation
(TxDOT) to acquire two minor parcels of
land needed for the FM 1103 expansion
project and other matters in connection
therewith.
BACKGROUND
The Texas Department of Transportation (TxDOT) is working on a project to widen the right of
way and paving of FM 1103 in the City of Schertz. Citizens of Schertz passed a bond measure to
provide $2 million of funding toward the project. City Council authorized a Fixed Price
Agreement ($181,226) to contribute funds for the acquisition of right of way, and an Advanced
Funding Agreement ($1,818,774) for contribution of funds toward construction of the roadway
improvements. Council also authorized an engineering services agreement for design of the
relocation of utilities in preparation for the project.
In order to construct and operate the planned improvements to FM 1103, portions of numerous
properties along the current right of way are needed and are proposed to be purchased by
TxDOT. Two of those parcels are owned by the City of Schertz.
The parcel identified as "Parcel 17" is located on the northeast corner of the intersection of FM
1103 and Chelsea Drive (Exhibit A). "Parcel 27" is located on the west side of FM 1.1.03,
approximately 550 feet south of the intersection of the IH 35 Frontage Road and FM 1103
(Exhibit B). TxDOT had surveys and appraisals performed for both parcels. Table 1 provides a
summary of information regarding the two City -owned parcels.
TABLE 1
Parcel Summary Information
Parcel ID
Parcel 17
Parcel 27
Area of Parcel ac
0.114 ac
0.009 ac.
Area of Parcel (s q. ft.)
4,970 s . ft.
401 s . ft.
Appraised value $ per s . ft.
$2.25
$19.00
Value of Improvements
$0
$1,331 (asphalt paving)
Total Offer Amount
$1.1,183
$8,950
Goal
To accept compensation from TxDOT to provide necessary right of way for the FM 1103
improvement project within the City of Schertz.
City Council Memorandum
Page 2
Benefit
Once necessary rights of way for the project have been acquired, TxDOT will be able to proceed
with construction of the FM 1103 improvement project.
FISCAL IMPACT
The City of Schertz will receive $20,133 in compensation for the property.
1•
Staff recommends that the City Council approve Resolution 17 -R -102, accepting the appraised
value offers from TxDOT for the two minor parcels needed as right of way for the FM 1103
improvement project.
ATTACHMENTS
Resolution 17 -R -102
Exhibit A — Parcel 17
Exhibit B — Parcel 27
RESOLUTION NO. 17 -R -102
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS ACCEPTING THE APPRAISED VALUE OFFER OF THE TEXAS
DEPARTMENT OF TRANSPORTATION (TXDOT) TO ACQUIRE TWO
MINOR PARCELS OF LAND NEEDED FOR THE FM 1003 EXPANSION
PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, TxDOT has begun a fast -track project to expand FM 1103; and,
WHEREAS, the City owns two small parcels of land along FM 1103 that TxDOT needs to
acquire for the expansion project; and,
WHEREAS, City Council authorization is needed for the City to sell the property to
TxDOT; and,
WHEREAS, the right of way acquisition consultant for TxDOT has sent offer letters, a
formal appraisal and a deed for signature should the City choose to accept the offers.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby accepts the appraised value offer to purchase the
parcel labeled as Parcel 27 and depicted in the attached Exhibit A in the amount of EIGHT
THOUSAND NINE HUNDRED AND FIFTY DOLLARS AND NO CENTS ($8,950.00) from
TxDOT and authorizes the City Manager to execute and deliver all documents necessary to
complete the transaction.
Section 2. The City Council hereby accepts the appraised value offer to purchase the
parcel labeled as Parcel 17 and depicted in the attached Exhibit B in the amount of ELEVEN
THOUSAND ONE HUNDRED AND EIGHTY THREE DOLLARS AND NO CENTS
($11,183.00) from TxDOT and authorizes the City Manager to execute and deliver all documents
necessary to complete the transaction
Section 3. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 4. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 5. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 6. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application of
Error! Unknown document property name.
such provision to other persons and circumstances shall nevertheless be valid, and the City Council
hereby declares that this Resolution would have been enacted without such invalid provision.
Section 7. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 8. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
PASSED AND ADOPTED, this 14th day of November, 2017.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
Error! Unknown document property name.
W1 1 •
N
W +E
S
0 25 50 100 150 200
Feet
This product is for informational purposes and may not have been prepared for or be
suitable for legal, engineering, or surveying purposes. It does not represent an on- the - ground
survey and represents only the approximate relative location of property boundaries.
City of Schertz
Parcel 27
.w
N
W +E
S
0 25 50 100 150 200
Feet
This product is for informational purposes and may not have been prepared for or be
suitable for legal, engineering, or surveying purposes. It does not represent an on- the - ground
survey and represents only the approximate relative location of property boundaries.
City of Schertz
Parcel 17
Agenda No. 13
0111 &WOL11"LlusIaU 1 DIU [o7 710 Rod 1
City Council Meeting: November 14, 2017
Department: Water and Wastewater
Subject: Ordinance No. 17 -T -46 — An Ordinance by
the City Council of the City of Schertz,
Texas authorizing a budget amendment to
fund elevated storage tank repainting
project; repealing all ordinances or parts of
ordinances in conflict with this ordinance;
and providing an effective date (First
reading)
BACKGROUND
On October 10, 2017 City Council authorized the City to enter into a contract with Tank Pro, Inc.
for the painting of the Nacogdoches elevated storage tank. Prior to executing that contract the
City needs to authorize the transfer of funds from the Water Reserves. The total project cost,
including contingency is $468,537
SCHERTZ ELEVATED STORAGE TANK REPAINTING PROJECT
Budgeted Expenses for Engineering and Bid Preparation:
Engineering $ 35,000.00
Legal $ 500.00
Advertising $ 500.00
Other Prof. Services $ 1,000.00
Proposed Painting/Repair Expenses:
Construction $ 391,537.00
Construction Contingency $ 40,000.00
Total Construction Costs $ 431,537.00
Total cost of Project $ 468,537.00
Goal
To extend the life of the elevated water storage tank and make necessary repairs.
Community Benefit
The benefit is to keep the tank in adequate condition to provide proper storage and pressure to
our citizens and maintain potable drinking water services.
FISCAL IMPACT
The current estimated Fund Equity for the Water & Sewer Fund is $6,904,704 which is
$1,015,009 over the required 26 %. The amount over the requirement is the amount to be used for
construction or other projects and is called the construction reserve. With this authorization, the
City Council Memorandum
Page 2
estimated remaining amount in the construction reserve would be $546,472. City would still be
above the required Fund Equity of 26% set by the City's Fund Balance Policy.
Staff recommends that the City Council approve Ordinance 17 -T -46, authorizing the use of the
construction reserve for Repainting services for the Schertz Elevated Storage Tank Repainting
Project with a not to exceed amount of $431,537.00.
ATTACHMENT
Ordinance 17 -T -46
ORDINANCE NO. 17 -T -46
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A BUDGET AMENDMENT TO
FUND ELEVATED STORAGE TANK REPAINTING; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Ordinance 17 -T -30, the City of Schertz (the "City ") adopted the
budget for the City for the fiscal year 201.7 -2018 (the `Budget), which provides funding for the
City's operations throughout the 2017 -2018 fiscal year; and
WHEREAS, the City needs to increase the Budget to authorize expenditures of $431,537
for the funding of the Tank Repainting from the Water & Sewer Construction Reserves; and
WHEREAS, the City needs to recognize a transfer from construction reserves of
$431,537; and
WHEREAS, City staff recommends that the City Council of the City adjust the Budget
and approve the additional expense; 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 for the
contract inspection services and the community support services, 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 $431,537 in the Water & Sewer Fund for
the Tank Painting.
Section 2. The City shall recognize the additional $431,537 in a transfer from
construction reserves for the project.
Section 3. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 4. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 5. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 6. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 7. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 8. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED ON FIRST READING, the 14th day of November 2017.
PASSED, APPROVED and ADOPTED ON SECOND READING, the day of
, 2017.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
50558021.1 - 2 -
Agenda No. 14
CITY COUNCIL MEMORANDUM
City Council Meeting: November 14, 2017
Department: Planning & Community Development
Subject: Ordinance No. 17 -K -47
Conduct a public hearing and consider
action on an ordinance closing and
abandoning to the abutting property owner a
section of Trainer Hale Road right -of -way
located approximately 850 feet south of the
intersection of FM 1518 and Lower Seguin
Road. (First reading)
Goal
Schertz 1.51.8, LTD is requesting that the City abandon a portion of the 20 -foot Trainer
Hale Road right -of -way located west of FM 1518, approximately 850 feet south of the
intersection of Lower Seguin Road and FM 1.518 (referred to as the ROW to be
abandoned). The subject area is approximately 900 square feet, is unimproved and is
immediately adjacent to property owned by Schertz 1518, LTD that is zoned as The
Crossvine Planned Development District (PDD). Plans for the property immediately
west of the subject area include single family residential use.
The Trainer Hale Road right -of -way was previously a County road that appears to have
been established based on older TxDOT plans. In 1986, the City of Schertz annexed
approximately 5,144 acres more or less, located south of Randolph Air Force Base, west
of FM 1518. During this annexation, Trainer Hale Road right -of -way became a City
right -of -way but segments of the roadway located near the intersection of Lower Seguin.
Road and FM 1518 were not constructed. The two Trainer Hale Road right -of -way
segments on both sides of the intersection are currently undeveloped. Now with FM
1518 being established, there is no longer a need for these Trainer Hale Road right -of-
way segments.
Schertz 1.51.8, LTD, the owner of the property immediately adjacent to the ROW to be
abandoned, recently submitted a preliminary plat application for the proposed Module 2,
Unit 1 Subdivision of the Crossvine development. The owner is requesting that the City
abandon a segment of the Trainer Hale Road right -of -way so that it could be included as
part of the property boundaries to be preliminary platted.
City Council Memorandum
Page 2
The City desires to abandon the portion of the "ROW Segment" immediately adjacent to
the subject property being platted into the Module 2, Unit 1 Subdivision of the Crossvine
development and to transfer ownership to the adjoining property owner as specified in the
associated Ordinance.
Community Benefit
The abandonment and release of the ROW Segment to the property owner will enable the
developer to include additional land that is currently unused ROW, which will provide
additional land to a planned common landscape buffer area and a portion will be
constructed and rededicated as a public roadway that will be improved to provide an
additional entrance for the residential project being proposed by Schertz 1518, LTD.
Summary of Recommended Action
City staff recommends abandoning the Right -of -Way Segment and releasing the Right -
of -Way to be abandoned to the adjacent property owner as described in Ordinance 17-K-
47.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends approval of Ordinance No. 17 -K -47.
ATTACHMENT
Ordinance No. 17 -K -47
Right -of -Way Abandonment Request Letter
Aerial Photo of ROW to be Abandoned
WHEREAS, the City of Schertz, Texas, a home rule municipality, has established a publ
right-of-way immediately to the west of FM 1518, approximately 850 feet south of the intersecti
of Lower Seguin Road and FM 1518, as further described on Exhibit "A", attached beret
(hereinafter the "Subject Area"); and I
WHEREAS, the Subject Area is located to the west of FM 1518 a TxDOT right-of-
way; and
WHEREAS, as a result of FM 1518 being improved, the Subject Area is no longer
needed for the Trainer Hale Road Right-Of-Way; and
WHEREAS, pursuant to Section 311 .007 of the Texas Transportation Code, a home-rule
municipality may vacate, abandon, or close a street or alley.
WHEREAS, the said City of Schertz has caused studies and inquiries to be made of t
public in general and utility entities who might be directly affected; and I
Mal 1 111 1 1119 l:I 111 11 # 1
Ma
WHEREAS, on the 14th day of November, 2017, a Public Hearing was held to allow
members of the public to give testimony, and comment, on the merits of the Subject Area
abandonment.
NOW, THEREF*RE, 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
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as
part of the judgment and findings of the Council.
Section 2. That the City Council finds that such closure and abandonment as
requested will cause no harm or injury to the City of Schertz or its citizens, said portion of right
of way is not needed for public purpose and it is in the public interest to abandon said portion
of right of way.
Section 3. That the Subject Area as depicted on Exhibit "A", is hereby close"I'M
abandoned and vacated insofar as the right, title or easement of the public is concerned and sh]
only extend to the public right, title and easement that the City may legally and lawfully abandon,
subject to the conditions of Section 4.
Section 4. That the Subject Area is abandoned to the abutting owner, as authorized
Section 311.007 of the Texas Transportation Code and Section 272.001 (b)(2) of the Texas Loc
Government Code conditioned upon the Subject Area being platted into the property of t,
abutting property owner within 12 months. The plat must not create any non-conforming lots. I
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 whi
this Ordinance is adopted was open to the public and public notice of the time, place, and subje
e
matter of the public business to be considered at such meeting, including this ordinance, was giv
all as required by Chapter 5 5 1, 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 14'h day of November, 2017
61 1 1
MIR 311110 1 P 11111 11 0 1� 11111111
11 11 , 0' 1 ffwlffm�=81 ���
CITY OF SCHERTZ
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
October 31", 2017
Bryce Cox
Planner
City of Schertz
1400 Schertz Parkway, Bldg. 1
Schertz, TX 78154
Re: The Crossvine Module 2 Unit 1— ROW Abandonment Request
I, Christopher K. Price , manager of Schertz 1518 Ltd., owner of the land within the Module 2 Unit 1
boundary shown in the attached exhibit would like to request that the Trainer Hale ROW area within the
property be abandoned.
(Owner's Signature)
(Date)
F-
F-
0
ry
0
D
-5
lfi
O
..... . ....... . ..
CROSSVINE M2Ul
TRAINER HALE ROW VACATION
0 20'
66666p==E"`l
SCALE: I" = 20'
LEGEND
PROP. ROW
EXISTING LOT LINES & ROW
TRAILER HALE ROW TO BE VACATED
MALONE*WHEELER
SINCE INC. 1995
CIVIL ENGINEERING *DEVELOPMENT CONSULTING* PROJECT MANAGEMENT
5113 Southwest Pkwy, Suite 260
Austin, Texas 78735
Phone: (512) 899-0601 Fax: (512) 899-0655
Firm Registration No. F-786
.C6
ti
C>
O
MEMORANDUM
City Council Meeting:
Department:
Subject:
C• � 1
Informational Item
November 14, 2017
Economic Development
Small Business Grant payment in
connection with the Economic
Development Performance
Agreement with Evestra, Inc.
The Schertz Incentive Policy and the Small Business Grant, authorized by the City of
Schertz and the City of Schertz Economic Development Corporation (SEDC) were created
to encourage Primary -Job creating small businesses to relocate and expand in Schertz. On
May 2, 2017, . the SEDC Board of Directors and City Council authorized the Economic
Development Performance Agreement (the "Agreement ") with Evestra, Inc. ( "Evestra).
Evestra is a small biopharmaceutical research and development company that focuses on
therapeutic and women's healthcare. In 2017, Evestra selected the City of Schertz for its
company expansion which included manufacturing capabilities for their products.
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
Under the Agreement, the SEDC will provide a $200,000 Small Business Grant within 30
days of receiving the certificate of occupancy and commencing operations in Schertz. In
consideration, Evestra will employ 16 full -time employees with an annual payroll of
$1,225,000 and maintain $2,684,51.3 in taxable property. Evestra must maintain its
compliance to the Agreement until 2022. If a default occurs, Evestra must repay the Small
Business Grant plus interest.
FISCAL IMPACT
In accordance with the Agreement, the Small Business Grant will be paid by the SEDC.
The $200,000 grant will be paid from the Development Incentive line item that was
approved in SEDC FY 201.7 -18 budget.
ATTACHMENT(S)
Evestra — Request for payment
Evestra — Certificate of compliance
Schertz Certificate of occupancy
Schertz Resolution No. 17 -R -31
Economic Development Performance Agreement (Evestra)
From
mx 2aMLHoran
Subject: ms:schertz Final Certificate ofOccupancy svestra
Date- Friday, October 2r'zm7zzys:w7xM
Attached you will find the two documents that are required for us to request the Grant payment.
We really appreciate your offer to drop of the check, Especially knowing how busy you have been,
You are a dear and we thank you for all your help,
Best regards,
Director, Administration & Finance
EVESTRA Inc.
64207ri County Parkway
Schertz, TX 78154
PH 210-278-9827
G<220-549-2C30
This email and anyfiles transmitted with x ore confidential and intended solelyfor the use of the individual mentity to whom they are
addressed. Please notify the sender immediately uy e-mail if you have received this email by mistake and delete this emuxfromyour
system. ifynv are not the intended recipient, you ore nouifieuthat disclosing, copying, distributing o, taking any action m reliance onthe
contents q' this information $strictly prohibited.
From: Patty Horan [maiho:PHonan@schertz.com]
Sent: Wednesday, October 25,2O171:17PIVI
To: Caro|ynePackenius<cpackenius@evestra.com>
Cc: Ze'evSheked <zshaked@evestrezom>; Kyle KinatederxKKinateder@scherLzzomx
Subject: RE: Schertz Final Certificate ofOccupancy Evestra
Thank you Carokme and we're equally excited for you! I'm planning nn stopping bv around 3:3Opm
today, is that Ok7
Patty —
From: Caro|ynePackenius
Sent: Wednesday, October 25,201712:35PK4
To: Patty Horan
Cc: Ze'evShaked
Subject: RE: ScheMz Final Certificate ofOccupancy Evestra
We are very excited to now be "official". (D
Please advise what information you need to transfer the $200,000 per the agreement,
Many thanks for your help. I should be here when you stop by. I would love to meet you.
Director, Administration &Finance
Inc.
64l0Th County Parkway
5chertz,TX781S4
PH 210-278-9827
FX220-S49-2Oj0
This email and Gnyfiles transmitted with it are confidential and intended solelyfor the use of the individual or entity to whom they are
oduresseu pleosenotify the sender immediately bye'm oil if you have received this cm Gil by mistake and delete mu email from your
system. If you are not the intended recipient, you Gre notified that disclosing, copying, distributing or taking any action in reliance on the
contents q/this information is strictly prohibited.
Sent Wednesday, October 25,ZO1711:U8AM
To: Klaus Nickisch ;Caro|ynePackenius
Cc: Ryan Bennett ; Anthony D.K4cByea
Subject: FVV:Schertz Final Certificate ofOccupancy Evestra
Here is the Certificate of Occupancy.
*This notice was automatically generated duo to the following: Contains an POF
Document*
Good morning Ryan,
Please see attached a pelf copy of the final Certificate of Occupancy (CoO) issued to Evestra, |ncon
10/24/3017. |'U be stopping by the company this afternoon to drop off the original certificate.
Obtaining the CoO meets compliance with one of the obligations listed under Article V of the
Performance Agreement with the company. We'll start processing payment of funds in the form of
a Small Business Grant as specified in the Agreement. Thank you and please feel free to reach out to
us if you have any questions.
All the best,
Executive Assistant
City ofSchertz Economic Development Corporation
l4OO5chertz Parkway Bldg No2 /Schertz /TX 78254
Office 2lO-619'IO7O/0rect 21O-619-1O74/Fax21O-619-1O79
/ /
Email: /VVehsites: and
From: Ryan Bennett
Sent: Monday, October 23, 2017 11:46 AM
To: Inspections
Cc Ze'evShaked Kyle Kinateder Ofidna
Maldonado
Subject: Completed CO Application-Evestra
Attached is the completed and signed application for Certificate of Occupancy on behalf of Eves ra,
Inc. Please do not hesitate to contact Dr. Ze'ev Shaked or myself following review if there are any
questions, comments, or deficiencies.
Many Thanks & Best Regards,
IIIJIM"I'Mal"w"'IM, 10 M111911CIENN�11 1,
WHEREAS, the Development Corporation Act of 1979, as amended (Section 501.001
Texas Local Government Code, formerly the Development Corporation Act of 1979) (the "Act")
authorizes a development corporation to fund certain projects as defined by the Act and requires
development corporations to enter into performance agreements to establish and provide for the
direct incentive or make an expenditures on behalf of a business enterprise under a project-, and
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.
Irls
1 i ii
WISMOR-Mrs
ATTEST:
OrAd-a Denni�, City Secretary
..
EVESTRA. INC.
ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT
EVE STRA,, INC.
This Perfonnance Agreement ("Agreement") is entered into to be effective as of the
Effective Date (as defined in Article III below), by and between the City of Schertz Economic
Development Corporation, located in Guadalupe County, Texas (hereinafter called
"Corporation"), a Texas non-profit industrial development corporation under the Development
Corporation Act and governed by TEx. Loc. Gov. CODE chapters 501, 502 and 505 and the Texas
Non-Profit Corporation Act and Evestra, Inc., a Delaware corporation (hereinafter called
"Company"), otherwise known as the "Parties" to this Agreement.
RECITALS
WHEREAS, the Development Corporation Act of 1979, as amended (Section 501.001 et seq,
Texas Local Government Code, formerly the Development Corporation Act of 1979) (the "Act")
authorizes a development corporation to fund certain projects as defined by the Act and requires
development corporations to enter into performance agreements to establish and provide for the
direct incentive or make an expenditure on behalf of a business enterprise under a project; and
WHEREAS, Section 501.158 of the Act requires a performance agreement to provide at a
minimum for a schedule of additional payroll or jobs to be created or retained and capital
investment to be made as consideration for any direct incentives provided or expenditures made
by the corporation under the agreement and to specify the terms under which repayment must be
made if the business enterprise does not meet the performance requirements specified in the
agreement; and
WHEREAS, Company desires to relocate and expand its Corporate Headquarters, Scientific
Research and Development Services and manufacturing operations to the Facility located in
Schertz, Texas; and
WHEREAS, the location of the Company, as proposed, will contribute to the economic
development of the City of Schertz by creating new jobs and increased employment, promoting
and developing expanded business enterprises, increased development, increased real property
value and tax revenue for the City of Schertz, and will have both 'a direct and indirect positive
overall improvement/stimulus in the local and state economy; and
WHEREAS, the Corporation desires to offer an incentive to Company to enable Company to
relocate and expand its operations pursuant to this Agreement in substantial conformity with the
Schertz Incentive Policy and the Act; and
WHEREAS, the Parties are executing and entering into this Agreement to set forth certain terms
and obligations of the Parties with respect to such matters; and
WHEREAS, the Parties recognize that all agreements of the Parties hereto and all terms and
provisions hereof are subject to the laws of the State of Texas and all rules, regulations and
interpretations of any agency or subdivision thereof at any time governing the subject matters
hereof, and
WHEREAS, the Parties agree that all conditions precedent for this Agreement to become a
binding agreement have occurred and been complied with, including all requirements pursuant to
the Texas Open Meetings Act and all public notices and hearings; if any, have been conducted in
accordance with Texas law; and
WHEREAS, on the Effective Date, the commitments contained in this Agreement shall become
legally binding obligations of the Parties.
NOW, THEREFORE, in consideration of the mutual covenants, benefits and agreements
described and contained in this Agreement, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged and further described herein, the Parties
agree as follows:
ARTICLE I
RECITALS
I , Recitals. The recitals set forth above are declared true and correct by the Parties
and are hereby incorporated as part of this Agreement.
ARTICLE 11
AUTHORITY AND TERM
1. Authority. The Corporation's execution of this Agreement is authorized by the Act
and constitutes a valid and binding obligation of the Corporation. The Corporation acknowledges
that Company is acting in reliance upon the Corporation's performance of its obligations under
this Agreement in making the decision to commit substantial resources and money to the
establishment of the Project, hereinafter established.
2. Term. This Agreement shall become enforceable upon the Effective Date,
hereinafter established, and shall continue until the Expiration Date, hereinafter established, unless
terminated sooner or extended by mutual agreement of the Parties in the manner provided for
herein.
3. Purpose. The purpose of this Agreement is to formalize the agreements between
the Company and the Corporation for the granting of funds to cover certain costs associated with
the Project and specifically state the covenants, representations of the Parties, and the incentives
associated with Company's commitment to abide by the provisions of the Act and to abide by the
terms of this Agreement which has been approved by the Corporation and the Company as
complying with the specific requirements of the Act. It is expressly agreed that this Agreement
constitutes a single transaction. A failure to perform any obligation by the Company may
constitute a breach of the entire Agreement and terminate any further commitments (if any) by the
Corporation unless an alternative penalty or remedy is provided for herein.
2
4. Administration of Agreenient Upon the Effective Date, the Corporation delegates
the administration and oversight of this Agreement to the Executive Director of the Corporation.
Any proposed amendments to the Agreement shall require the approval of the Board of Directors
of the Corporation.
W��* ►.
As used in this Agreement, the following terms shall have the meanings ascribed below.
All undefined terms shall retain their usual and customary meaning as ascribed by coinnion and
ordinary usage.
"Annual Payroll" shall mean the total wages paid, exclusive of employee benefits, to Full-
time Employees at the Facility.
"Bankruptcy" shall mean the dissolution or termination of a Party's existence as a going
business, insolvency, appointment of receiver for any party of such Party's property and such
appointment is not terminated within ninety (90) days after such appointment is initially made, any
general assignment for the benefit of creditors, or the commencement of any proceeding under any
bankruptcy or insolvency laws by or against such party and such proceeding is not dismissed
within ninety (90) days after the filing thereof.
"Calendar Year" shall mean January I through December 31.
"Certificate of Occupancy" shall mean the signed certificate issued by the City of Schertz
Inspections Division granting the Company the right to occupy the Facility and confirming that
the entire work covered by the permit and plans are in place.
"Corporate Headquarters" means buildings proposed for construction or occupancy as the
principal office, for a business enterprises administrative and management services.
`Default" unless otherwise specifically defined or limited by this Agreement shall mean
failure by any Party to timely and substantially comply with any performance requirement, duty,
or covenant.
"EfTective Date" shall be the date of the last signing by a party to the agreement.
"Expiration Date" shall mean the earlier of:
1. December 31, 2022; or
2. The date of termination, provided for under Article VII of this Agreement.
"Facility" shall mean the approxii-sate 12,900 square foot facility located at 6410 Tri
County Parkway, Schertz, Texas 78154 where Company's Corporate Headquarters, Scientific
Research and Development Services and manufacturing operations shall occur.
3
"Force Majeure" shall mean any contingency or cause beyond the reasonable control of a
party, including, without limitation, acts of God or the public enemy, war riot, civil commotion,
insurrection, government or de facto governmental action (unless caused by the intentionally
wrongful acts or omissions of a party), fires, explosions or floods, strikes, slowdowns or work
stoppages,
"Full-time Employee shall mean. (1) an employee with a regular work schedule of at least
36 hours per week as reported on the Texas Employers Quarterly Wage Report from the Texas
Work-force Commission and (2) are entitled to at least the customary employer-sponsored
employee benefits pack-age afforded by the Company to its similarly situated employees at other
locations.
"Project" shall mean the relocation and expansion of Company's Corporate Headquarters,
Scientific Research and Development Services and manufacturing operations to the Facility.
"Real Property" shall mean the land, building and all improvements thereto and added to
the Project subsequent to the execution of this Agreement and is accounted on the tax rolls by the
Guadalupe County Appraisal District.
"Scientific Research and Development Services" shall mean an establishment engaged in
conducting original investigation, undertaken on a systematic basis to gain new knowledge
(research), and in the application of research findings or other scientific knowledge for the creation
of new or significantly improved products or processes.
"Small Business Grant" shall mean cash payment from Corporation to Company in the
amount of TWO HUNDRED THOUSAND DOLLARS and NO/I 00 ($200,000.00).
"State of Texas" shall mean the Office of the Texas Comptroller, or its successor.
"Tangible Personal Property" shall mean tangible personal property, equipment,
machinery, fixtures and inventory owned or leased by Company that is added to the Project
subsequent to the execution of this Agreement and is accounted on the tax rolls by the County
Appraisal District.
ARTICLE IV
CORPORATION OBLIGATION
1. Small Business Grant.
(a) Subject to the satisfaction of all the terms and conditions of this Agreement
and the obligation of Company to repay the Small Business Grant pursuant to
Article V hereof, the Corporation agrees to provide Company with a Small Business
Grant in the amount of TWO HUNDRED THOUSAND DOLLARS and NO/I 00
($200,000.00).
(b) Current Revenue. The funds distributed hereunder shall be paid solely from
lawfully available funds of the Corporation. Under no circumstances shall the
4
obligations hereunder be deemed to create any debt within the meaning of any
constitutional or statutory provision. None of the obligations under this Agreement
shall be pledged or otherwise encumbered in favor of any commercial lender and/or
similar financial institution,
2. Confidentiality. The Corporation agrees to the extent allowed by law, to keep all
tax information and documentation received, pursuant to this Agreement hereof, confidential. In
the event a request is made for such information, Corporation will not disclose the information
unless required to do so by the Attorney General of Texas.
ARTICLE V
fm Jrx
The obligation of the Corporation to pay funds in the form of a Small Business Grant shall
be conditioned upon Company's continued compliance with and satisfaction of each of the
performance obligations set forth in this Agreement.
I . Commencing Operations. Company must obtain a Certificate of Occupancy, for its
Corporate Headquarters and manufacturing operations at the Facility on or before December 31,
2017 and maintain said operations throughout the term of this Agreement.
2. Execution of Lease. Company must execute a lease (the "Lease") for the Facility
with Inversiones Del Sur., LLC (the -Landlord") within thirty (30) days after the EfTective Date.
The Company shall provide to the Corporation a copy of the fully executed Lease (signed by both
Company and the Landlord) as proof of the satisfaction of this condition. In the event that
Company fails to deliver the fully executed Lease within 30 days of the Effective Date such failure
shall not be deemed a Default, but this Agreement shall automatically terminate and be of no
further effect unless the Parties agree in writing to extend the time period for delivery of the fully
executed Lease to the Corporation.
3. Scientific Research and Development Services. Company must commence
Scientific Research and Development Services operations at the Facility on or before January 1,
2019 and maintain said operations throughout the term of this Agreement.
4, Job and Wage Creation. Company must create and maintain the Full-time
Employees and minimum Annual Payroll benchmarks according to the foflowing schedule:
(a) SIX (6) Full-time Employees for that portion of the 2017 Calendar Year beginning
upon its receipt of a Certificate of Occupancy.
(b) TEN (10) Full-time Employees with a minimum Annual Payroll of SEVEN
HUNDRED SEVENTY-FIVE THOUSAND DOLLARS AND NO/100
($775,000.00) on or before the beginning and throughout the entirety of the 2018
Calendar Year.
(c) SIXTEEN (16) Full-time Employees with a minimum Annual Payroll of ONE
MILLION TWO HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND
NO/100 ($1,225,000.00) on or before the beginning and throughout the entirety of
the 2019 Calendar Year.
(d) SIXTEEN (16) Full-time Employees with a minimum Annual Payroll of ONE
MILLION TWO HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND
NO/ 100 ($1,225,000,00) on or before the beginning and throughout the entirety of
the 2020 Calendar Year.
(e) SIXTEEN (16) Full-time Employees with a minimum Annual Payroll of ONE
MILLION TWO HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND
NO/100 ($1,225,000.00) on or before the beginning and throughout the entirety of
the 2021 Calendar Year.
(t) SIXTEEN (16) Full-time Employees with a minimum Annual Payroll of ONE
MILLION TWO HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND
NO/ 100 ($1,225,000.00) on or before the beginning and throughout the entirety of
the 2022 Calendar Year.
5. Real and Tangible Personal Property Creation. Commencing in the 2018 calendar
year and continuing throughout the term of the Agreement, Company must create and maintain a
minimum of TWO MILLION SIX HUNDRED EIGHTY-FOUR THOUSAND FIVE
HUNDRED THIRTEEN DOLLARS and NO/100 ($2,684,513.00) in cumulative Real and
Tangible Personal Property taxable value as identified on the Guadalupe County tax roll,
6. Annual Re Certification Report (an
Report. The Company shall submit an Annual Certif
"Annual Report") for the preceding Calendar Year to the Executive Director of the Corporation
each year not later than February 15t". The Annual Report should substantially conform to the
Annual Report Form attached as Exhibit A to this Agreement. The first Annual Report will be due
February 15'h, 2018.
7. Payment of Legal Fees. Company commits to reimburse the Corporation for the
necessary legal fees in the preparation of any amendment to this Agreement requested by
Company. Timely payment shall be made within 60 days of submittal of invoice to Company by
the Corporation or its assigns. Each Party shall bear its own legal fees in connection with the
negotiation of this Agreement.
C�
& Extension beyond Term. In recognition of the fact that the verification of
Company's compliance hereunder is, by necessity, verified in the calendar year following the
Company's obligations herein, the Expiration Date of this Agreement will be extended until any
and all verification of Performance Obligations and covenants have been satisfied. The Parties
Hereto agree that the Corporation's right to the Recapture Amount shall survive the Expiration
Date of this Agreement.
ARTICLE VI
COVENANTS AND DUTIES
1. Company's Covenants and Duties. Company makes the following covenants and
warranties to the Corporation, and agrees to timely and fully perform the obligations and duties
contained in Article V of this Agreement. Any false or substantially misleading statements
contained herein or failure to timely and fully perform those obligations and duties within this
Agreement shall be an act of Default by tine Company.
2
(k) Company shall be not be in arrears and shall be current in the payment of
all City taxes and fees.
0) Corporation has the right to periodically (and with reasonable advance
notice) verify the terms and conditions of this Agreement including, but not limited
to, the number of persons employed by Company as a result of the assistance
provided hereunder, the addresses of those persons, the number of hours each
employee worked during the previous 12 months, the total expenses attributable to
training and employing those employees, and the cumulative payroll for
Company's Schertz operation.
(in) Company shall, upon written request from Corporation, provide to
Corporation a copy of the Texas Workforce Commission Texas Employers
Quarterly Wage Report for the requested quarter.
2. Corporation's Covenants and Duties.
(a) Small Business Grant Payment. The Corporation is obligated to pay
Company a Small Business Grant in the amount of TWO HUNDRED
THOUSAND DOLLARS AND NO/100 ($200,000.00). The Small Business Grant
shall be paid within thirty (30) days after receiving written notice from the
Company that they have received a Certificate of Occupancy, a copy of said
Certificate of Occupancy to be attached to the written notice, and certification that
Company has located their Corporate Headquarters and begun manufacturing
operations at the Facility.
3. Compliance and Default. Failure by Company to timely comply with any
performance requirement, duty, or covenant shall be considered an act of Default and shall give
the Corporation the right to terminate this Agreement and collect the Recapture Amount, as
determined by the Board of Directors of the Corporation.
ARTICLE VII
TERMINATION
1. Termination. This Agreement shall terminate upon the earliest occurrence of any
one or more of the following:
(A) The written agreement of the Parties;
(b) The Agreement's Expiration Date;
(c) Default by Company (at the option of the Corporation).
ARTICLE VIII
DEFAULT
1. Company's sole remedy under this Agreement is specific performance for
Corporations Default of its obligation under Section IV of this Agreement.
8
ii
2. In the event of Default by the Company the Corporation shall, as its sole and
exclusive remedy for Default hereunder, have the right to terminate this Agreement and to
recapture one hundred percent (100%) of the Small Business Grant (the "Recapture Amount'`) if
the Default occurs on or prior to December 31, 2022. The Recaptured Amount shall be paid by
the Company within one hundred twenty (120) days after the date Company is notified by the
Corporation of such Default (the Payment Date"). In the event the Recaptured Amount is not
repaid by the applicable Payment Date, the unpaid portion thereof shall accrue interest at the rate
of two percent (2.00%) per annum from the Effiective Date until paid in full.
3. Under no circumstances will the funds received under this Agreement be used,
either directly or indirectly, to pay costs or attorney fees incurred in any adversarial proceeding
regarding this Agreement against the City of Schertz.
101mal"WROX01
1. Binding Agreement. The terms and conditions of this Agreement shall be binding
on and inure to the benefit of the Parties, and their respective successors and assigns. The Executive
Director of the Corporation shall be responsible for the administration of this Agreement and shall
have the authority to execute any instruments, duly approved by the Corporation, on behalf of the
Parties related thereto. Notwithstanding any other provision of this Agreement to the contrary,
performance of either Party under this Agreement is specifically contingent on Company obtaining
a Certificate of Occupancy from the City of Schertz at the Facility under the terms of this
Agreement.
2. Mutual Assistance. The Parties will do all things reasonably necessary or
appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other
in carrying out such terms and provisions.
3. Representations and Warranties. The Corporation represents and warrants to
Company that this Agreement is within their authority, and that they are duly authorized and
empowered to enter into this Agreement, unless otherwise ordered by a court of competent
jurisdiction. Company represents and warrants to the Corporation that it has the requisite authority
to enter into this Agreement.
4. Assi rig . Company shall have the right to assign all of its rights, duties, and
obligations under this Agreement to a duly qualified third party with prior written approval of the
Corporation. Any assignment provided for herein shall not serve to enlarge or diminish the
obligations and requirements of this Agreement, nor shall they relieve Company of any liability to
the Corporation including any required indemnity in the event that any Assignee hereof shall at
any time be in Default of the terms of this Agreement. The Corporation may demand and receive
adequate assurance of performance including the deposit or provision of financial. security by any
proposed Assignee prior to its approval of an assignment.
5. Independent Contractors.
(a) It is expressly understood and agreed by all Parties hereto that in performing
their services hereunder, Company at no time will be acting as an agent of the Corporation and
that all consultants or contractors engaged by Company respectively will be independent
9
contractors of Company; and nothing contained in this Agreement is intended by the Parties to
create a partnership or joint venture between the Parties and any implication to the contrary is
hereby expressly disavowed the Parties hereto understand and agree that the Corporation will not
be liable for any claims that may be asserted by any third party occurring in connection with
services performed by Company respectively under this Agreement, unless any such claims are
due to the fault of the Corporation.
(b) By entering into this Agreement, except as specifically set forth herein, the
Parties do not waive, and shall not be deemed to have waived, any rights, immunities, or defenses
either may have, including the defense of parties, and nothing contained herein shall ever be
construed as a waiver of sovereign or official immunity by the Corporation with such rights being
expressly reserved to the fullest extent authorized by law and to the same extent which existed
prior to the execution hereof.
(c) No employee of the Corporation, or any board member, or agent of the
Corporation, shall be personally responsible for any liability arising under or growing out of this
Agreement.
6. Notice. Any notice required or permitted to be delivered hereunder shall be deemed
delivered by actual delivery, or on the first business day after depositing the saine in the hands of
a reputable overnight courier (such as United States Postal Service, FedEx or UPS) and addressed
to the Party at the address set forth below:
If intended for SEDC: City of Schertz Economic Development Corporation
Attention: Exec. Dir. of Economic Development
1400 Schertz Parkway
Schertz, TX 78154
With a copy to:
Denton, Navarro, Rocha, & Bernal, PC
Attention: Charles E. tech
2517 North Main Avenue
San Antonio, TX 78212
If to the Company- Evestra, Inc.
Attention: Zeev Shaked, Ph.D.
President, CEO and Director
6410 Tri County Parkway
Schertz, Texas 78154
Any Party may designate a different address at any time upon written notice to the other
Parties.
7. Governmental Records. All invoices, records and other documents required for
submission to the City pursuant to the terms of this Agreement are Governmental Records for the
Purposes of Texas Penal Code Section 37.10
8. Governing Law The Agreement shall be governed by the laws of the State of
Texas, and the venue for any action concerning this Agreement (subject to the dispute resolution
1 0
mechanisms of Article VIII above) shall be in the Courts of Guadalupe County. The Parties agree
to submit to the personal and subject matter jurisdiction of said court.
9. Amendment. This Agreement may be amended by mutual written agreement of the
Parties, as approved by the Board of Directors of the Corporation.
10, Legal Construction. In the event any one or more of the provisions contained in
this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect other provisions of this Agreement, and it
is the intention of the Parties to this Agreement that, in lieu of each provision that is found to be
illegal, invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and
enforceable and is as similar in terms as possible to the provision found to be illegal, invalid, or
unenforceable.
IL Interpretation. Each of the Parties has been represented by counsel of their
choosing in the negotiation and preparation of this Agreement. Regardless of which Party prepared
the initial draft of this Agreement, this Agreement shall, in the event of any dispute, whatever its
meaning or application, be interpreted fairly and reasonably and neither more strongly for or
against any Party.
12. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties with respect to the subject matter covered in this Agreement. There is no other collateral
oral or written agreement between the Parties that, in any manner, relates to the subject matter of
this Agreement, except as provided for in any Exhibits attached hereto or duly approved
amendments to this Agreement, as approved by the Board of Directors of the Corporation.
13. Paragraph Headings. The paragraph headings contained in this Agreement are for
convenience only and will in no way enlarge or limit the scope or meaning of the various and
several paragraphs.
14. Counterparts, This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one
and the same instrument.
15, Exhibits. Any Exhibits attached hereto are incorporated by reference for all
purposes,
16. Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
17. Indemnification.
COMPANY AGREES TO DEFEND, INDEMNIFY, AND HOLD THE
CORPORATION AND THE CITY OF SCHERTZ ("CITY-), AND THEIR
RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES. HARMLESS FROM
AND AGAINST ANY AND ALL REASONABLE LIABILITIES, DAMAGES,
CLAIMS, LAWSUITS, JUSTMENTS, ATTORNEY FEES, COSTS, EXPENSES
AND ANY CAUSE OF ACTION THAT DIRECTLY RELATES TO ANY OF THE
FOLLOWING: ANY CLAIMS OR DEMANDS BY THE STATE OF TEXAS THAT
THE CORPORATION HAS BEEN ERRONEOUSLY OR OVER-PAID SALES
AND USE TAX FO R ANY PERIOD DURING THE TERM OF THIS AGREEMENT
AS A RESULT OF THE FAILURE OF COMPANY TO MAINTAIN A PLACE OF
BUSINESS AT THE PROPERTY OR IN THE CITY OF SCHERTZ, OR AS A
RESULT OF ANY ACT OR OMISSION OR BREACH OR NON- PERFORMANCE
BY COMPANY UNDER THIS AGREEMENT EXCEPT THAT THE IMDE LAITY
PROVIDED HEREIN SHALL NOT APPLY TO ANY LIABILITY RESULTING
FROM THE ACTION OR OMISSIONS OF THE CORPORATION OR CITY. THE
PROVISIONS OF THIS SECTION ARE SOLELY FOR THE 'BENEFIT OF THE
PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY
RIGHTS, 'CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR
ENTITY. IT BEING THE INTENTION OF THE PARTIES THAT COMPANY
SMALL BE RESPONSIBLE FOR THE REPAYMENT OF ANY SMALL
BUSINESS GRANT PAID TO COMPANY HEREIN THAT INCLUDES CITY
SALES TAX RECEIPTS THAT THE STATE OF TEXAS HAS DETERMINED
WAS ERRONEOUSLY PAID, DISTRIBUTED OR ALLOCATED TO THE
CORPORATION.
18. Additional Instruments. The Parties agree and covenant to cooperate, negotiate in
good faith, and to execute such other and further instruments and documents as may be reasonably
required to fulfill the public purposes provided for and included within this Agreement. .
19. Force Majeure. Whenever a period of tinge is herein prescribed for action to be
taken by the Company, the Company shall not be liable or responsible for, and there shall be
excluded from the computation of any such period of time, any delays due to causes of any kind
whatsoever which are caused by Force Majeure.
12
Executed on this t day of , 20 i
Evestra, Inc., a Delaware corporation
By:
Name: Ze'ev Shakti.ed, Ph..D.
Title: President, CEO and Director
STATE OF TEXAS X
COUNTY OF X
This information was acknowledged before me on this day of
by A , for Evestra, Inc, Inc., a Delaware corpor Lion, on behalf of said
agency.
P
Notary Pubg, State of Texas
13
Executed on this day of , 20_
= = i •
I M ILI DIXIIIA121119105INKA-2-1 " KJOHIF-111 I Lvj��
Industrial Development Corporation
By:
Name: Tim Brown
Title: President
STATE OF TEXAS X
COUNTY OF GUADALUPE X
This information was acknowledged before me on this day of
by for the City of Schertz Economic Development Corporation, a Texas
non-profit industrial development corporation, on behalf of said agency.
APPROVED As To FORM:
M
SEDC Attorney
14
Notary Public, State of Texas
Notary's typed or printed name
My commission expires
Exhibit A
SAMPLE ANNUAL CERTIFICATION REPORT FORM
[SEE ATTACHED]
15
A
Annual Certlification Report
Reporting Period: January I to December 31, 20_
The Annual Certification Report for the Economic Development Performance Agreement between the City of Schertz
Economic Development Corporation and Evestra, Inc,, is due on February 15, 20—. Please sign and return the
Annual Certification Report form with accompanying narrative,
Project Information:
Company's legal name:
Project address subject to incentive:
Company primary contact: Title:
Phone number: E-mail address:
Employment and
Has the Company
What is the total ni
What is the total A
M
Information:
eyed undocumented workers? Yes U No
of Full-time Employees located at the Schertz facility during the calendar year?
Payroll for the Schertz facility during the calendar year?
Investment Information:
What taxable ad valorem value for Real Property for the reporting period?
What is the taxable ad valorem value for Tangible Personal Property for the reporting period?
Narrative:
Please attach a brief narrative explaining the current year's activities and/or comments relating to any potential defaults,
Employment:
Total full-time employees:
Total annual payroll:
Number of full-time jobs added in past year:
Number of employees that live in Schertz, Texas:
Interested in being contacted about workforce training opportunities? D Yes 7_11 No
Interested in being contacted for assistance with City permits? 0 Yes 0 No
16
I certify that, to the best of my knowledge and belief, the information and attachments provided herein are true and accurate
and in compliance with the terms of Economic Development Performance Agreement,
I further certify that the representations and warranties contained within the Agreement remain true and correct as of the
date of this Certification, and Evestra, Inc, remakes those representations and warranties as of the date hereof,
I further certify that the employment and wage information provided is true and accurate to the best of my knowledge and I
can provide documentation from the Texas Workforce Commission to support my claim if so requested.
I understand that this Certificate is being relied upon by the SEDC in connection with the expenditure of public funds
I have the legal and express authority to sign this Certificate on behalf of Evestra, Inc.
Name of Certifying Officer Certifying Officer's Title
Phone Number E-Mail Address
Signature of Certifying Officer Date
STATE OF TEXAS X
COUNTY OF X
This information was acknowledged before me on this day of by
— for Evestra, Inc., a Texas corporation, on behalf of said agency.
Notary Public, State of Texas
Notary's typed or printed name
My commission expires
The Annual Certification Report is to be completed, signed and returned on or before February 15, 20— Please
send an original to the following address:
Attention: Executive Director
City of Schertz Economic Development Corporation
1400 Schertz Parkway, Bldg. No. 2
Schertz, TX 78154
17
ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT
EVESTRA, INC.
This Performance Agreement ( "Agreement ") is entered into to be effective as of the
Effective Date (as defined in Article III below), by and between the City of Schertz Economic
Development Corporation, located in Guadalupe County, Texas (hereinafter called
"Corporation "), a Texas non - profit industrial development corporation under the Development
Corporation Act and governed by TEx. Loc. Gov. CODE chapters 501, 502 and 505 and the Texas
Non - Profit Corporation Act and Evestra, Inc., a Delaware corporation (hereinafter called
"Company "), otherwise known as the "Parties" to this Agreement.
RECITALS
WHEREAS, the Development Corporation Act of 1979, as amended (Section 501.001 et seq,
Texas Local Government Code, formerly the Development Corporation Act of 1979) (the "Act ")
authorizes a development corporation to fund certain projects as defined by the Act and requires
development corporations to enter into performance agreements to establish and provide for the
direct incentive or make an expenditure on behalf of a business enterprise under a project; and
WHEREAS, Section 501.158 of the Act requires a performance agreement to provide at a
minimum for a schedule of additional payroll or jobs to be created or retained and capital
investment to be made as consideration for any direct incentives provided or expenditures made
by the corporation under the agreement and to specify the terms under which repayment must be
made if the business enterprise does not meet the performance requirements specified in the
agreement; and
WHEREAS, Company desires to relocate and expand its Corporate Headquarters, Scientific
Research and Development Services and manufacturing operations to the Facility located in
Schertz, Texas; and
WHEREAS, the location of the Company, as proposed, will contribute to the economic
development of the City of Schertz by creating new jobs and increased employment, promoting
and developing expanded business enterprises, increased development, increased real property
value and tax revenue for the City of Schertz, and will have both a direct and indirect positive
overall improvement /stimulus in the local and state economy; and
WHEREAS, the Corporation desires to offer an incentive to Company to enable Company to
relocate and expand its operations pursuant to this Agreement in substantial conformity with the
Schertz Incentive Policy and the Act; and
WHEREAS, the Parties are executing and entering into this Agreement to set forth certain terms
and obligations of the Parties with respect to such matters; and
WHEREAS, the Parties recognize that all agreements of the Parties hereto and all terms and
provisions hereof are subject to the laws of the State of Texas and all rules, regulations and
interpretations of any agency or subdivision thereof at any time governing the subject matters
hereof; and
WHEREAS, the Parties agree that all conditions precedent for this Agreement to become a
binding agreement have occurred and been complied with, including all requirements pursuant to
the Texas Open Meetings Act and all public notices and hearings; if any, have been conducted in
accordance with Texas law; and
WHEREAS, on the Effective Date, the commitments contained in this Agreement shall become
legally binding obligations of the Parties.
NOW, THEREFORE, in consideration of the mutual covenants, benefits and agreements
described and contained in this Agreement, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged and further described herein, the Parties
agree as follows:
ARTICLE I
RECITALS
1. Recitals. The recitals set forth above are declared true and correct by the Parties
and are hereby incorporated as part of this Agreement.
ARTICLE II
AUTHORITY AND TERM
1. Authority. The Corporation's execution of this Agreement is authorized by the Act
and constitutes a valid and binding obligation of the Corporation. The Corporation acknowledges
that Company is acting in reliance upon the Corporation's performance of its obligations under
this Agreement in making the decision to commit substantial resources and money to the
establishment of the Project, hereinafter established.
2. Term. This Agreement shall become enforceable upon the Effective Date,
hereinafter established, and shall continue until the Expiration Date, hereinafter established, unless
terminated sooner or extended by mutual agreement of the Parties in the manner provided for.
herein.
3. Purpose. The purpose of this Agreement is to formalize the agreements between
the Company and the Corporation for the granting of funds to cover certain costs associated with
the Project and specifically state the covenants, representations of the Parties, and the incentives
associated with Company's commitment to abide by the provisions of the Act and to abide by the
terms of this Agreement which has been approved by the Corporation and the Company as
complying with the specific requirements of the Act. It is expressly agreed that this Agreement
constitutes a single transaction. A failure to perform any obligation by the Company may
constitute a breach of the entire Agreement and terminate any further commitments (if any) by the
Corporation unless an alternative penalty or remedy is provided for herein.
2
4. Administration of Agreement. Upon the Effective Date, the Corporation delegates
the administration and oversight of this Agreement to the Executive Director of the Corporation.
Any proposed amendments to the Agreement shall require the approval of the Board of Directors
of the Corporation.
ARTICLE III
DEFINITIONS
As used in this Agreement, the following terms shall have the meanings ascribed below.
All undefined terms shall retain their usual and customary meaning as ascribed by common and
ordinary usage.
"Annual Payroll" shall mean the total wages paid, exclusive of employee benefits, to Full -
time Employees at the Facility.
"Bankruptcy" shall mean the dissolution or termination of a Party's existence as a going
business, insolvency, appointment of receiver for any party of such Party's property and such
appointment is not terminated within ninety (90) days after such appointment is initially made, any
general assignment for the benefit of creditors, or the commencement of any proceeding under any
bankruptcy or insolvency laws by or against such party and such proceeding is not dismissed
within ninety (90) days after the filing thereof.
"Calendar Year" shall mean January 1 through December 31.
"Certificate of Occupancy" shall mean the signed certificate issued by the City of Schertz
Inspections Division granting the Company the right to occupy the Facility and confirming that
the entire work covered by the permit and plans are in place.
"Corporate Headquarters" means buildings proposed for construction or occupancy as the
principal office, for a business enterprises administrative and management services.
"Default" unless otherwise specifically defined or limited by this Agreement shall mean
failure by any Party to timely and substantially comply with any performance requirement, duty,
or covenant.
"Effective Date" shall be the date of the last signing by a party to the agreement.
"Expiration Date" shall mean the earlier of:
1. December 31, 2022; or
2. The date of termination, provided for under Article VII of this Agreement.
"Facility" shall mean the approximate 12,900 square foot facility located at 6410 Tri
County Parkway, Schertz, Texas 78154 where Company's Corporate Headquarters, Scientific
Research and Development Services and manufacturing operations shall occur.
"Force Majeure" shall mean any contingency or cause beyond the reasonable control of a
party, including, without limitation, acts of God or the public enemy, war riot, civil commotion,
insurrection, government or de facto governmental action (unless caused by the intentionally
wrongful acts or omissions of a party), fires, explosions or floods, strikes, slowdowns or work
stoppages.
"Full -time Employee" shall mean: (1) an employee with a regular work schedule of at least
36 hours per week as reported on the Texas Employers Quarterly Wage Report from the Texas
Workforce Commission and (2) are entitled to at least the customary employer- sponsored
employee benefits package afforded by the Company to its similarly situated employees at other
locations.
"Project" shall mean the relocation and expansion of Company's Corporate Headquarters,
Scientific Research and Development Services and manufacturing operations to the Facility.
"Real Property" shall mean the land, building and all improvements thereto and added to
the Project subsequent to the execution of this Agreement and is accounted on the tax rolls by the
Guadalupe County Appraisal District.
"Scientific Research and Development Services" shall mean an establishment engaged in
conducting original investigation, undertaken on a systematic basis to gain new knowledge
(research), and in the application of research findings or other scientific knowledge for the creation
of new or significantly improved products or processes.
"Small Business Grant" shall mean cash payment from Corporation to Company in the
amount of TWO HUNDRED THOUSAND DOLLARS and NO /100 ($200,000.00).
"State of Texas" shall mean the Office of the Texas Comptroller, or its successor.
"Tangible Personal Property" shall mean tangible personal property, equipment,
machinery, fixtures and inventory owned or leased by Company that is added to the Project
subsequent to the execution of this Agreement and is accounted on the tax rolls by the County
Appraisal District.
ARTICLE IV
CORPORATION OBLIGATION
1. Small Business Grant.
(a) Subject to the satisfaction of all the terms and conditions of this Agreement
and the obligation of Company to repay the Small Business Grant pursuant to
Article V hereof, the Corporation agrees to provide Company with a Small Business
Grant in the amount of TWO HUNDRED THOUSAND DOLLARS and NO /100
($200,000.00).
(b) Current Revenue. The funds distributed hereunder shall be paid solely from
lawfully available funds of the Corporation. Under no circumstances shall the
obligations hereunder be deemed to create any debt within the meaning of any
constitutional or statutory provision. None of the obligations under this Agreement
shall be pledged or otherwise encumbered in favor of any commercial lender and /or
similar financial institution.
2. Confidentiality. The Corporation agrees to the extent allowed by law, to keep all
tax information and documentation received, pursuant to this Agreement hereof, confidential. In
the event a request is made for such information, Corporation will not disclose the information
unless required to do so by the Attorney General of Texas.
ARTICLE V
PERFORMANCE OBLIGATIONS OF COMPANY
The obligation of the Corporation to pay funds in the form of a Small Business Grant shall
be conditioned upon Company's continued compliance with and satisfaction of each of the
performance obligations set forth in this Agreement.
1. Commencing Operations. Company must obtain a Certificate of Occupancy, for its
Corporate Headquarters and manufacturing operations at the Facility on or before December 31,
2017 and maintain said operations throughout the term of this Agreement.
2. Execution of Lease. Company must execute a lease (the "Lease ") for the Facility
with Inversiones Del Sur, LLC (the "Landlord ") within thirty (30) days after the Effective Date.
The Company shall provide to the Corporation a copy of the fully executed Lease (signed by both
Company and the Landlord) as proof of the satisfaction of this condition. In the event that
Company fails to deliver the fully executed Lease within 30 days of the Effective Date such failure
shall not be deemed a Default, but this Agreement shall automatically terminate and be of no
further effect unless the Parties agree in writing to extend the time period for delivery of the fully
executed Lease to the Corporation.
3. Scientific Research and Development Services. Company must commence
Scientific Research and Development Services operations at the Facility on or before January 1,
2019 and maintain said operations throughout the term of this Agreement.
4. Job and Wage Creation. Company must create and maintain the Full -time
Employees and minimum Annual Payroll benchmarks according to the following schedule:
(a) SIX (6) Full -time Employees for that portion of the 2017 Calendar Year beginning
upon its receipt of a Certificate of Occupancy.
(b) TEN (10) Full -time Employees with a minimum Annual Payroll of SEVEN
HUNDRED SEVENTY -FIVE THOUSAND DOLLARS AND NO /100
($775,000.00) on or before the beginning and throughout the entirety of the 2018
Calendar Year.
(c) SIXTEEN (16) Full -time Employees with a minimum Annual Payroll of ONE
MILLION TWO HUNDRED TWENTY -FIVE THOUSAND DOLLARS AND
NO /100 ($1,225,000.00) on or before the beginning and throughout the entirety of
the 2019 Calendar Year.
5
(d) SIXTEEN (16) Full -time Employees with a minimum Annual Payroll of ONE
MILLION TWO HUNDRED TWENTY -FIVE THOUSAND DOLLARS AND
NO /100 ($1,225,000.00) on or before the beginning and throughout the entirety of
the 2020 Calendar Year.
(e) SIXTEEN (16) Full -time Employees with a minimum Annual Payroll of ONE
MILLION TWO HUNDRED TWENTY -FIVE THOUSAND DOLLARS AND
NO /100 ($1,225,000.00) on or before the beginning and throughout the entirety of
the 2021 Calendar Year.
(f) SIXTEEN (16) Full -time Employees with a minimum Annual Payroll of ONE
MILLION TWO HUNDRED TWENTY -FIVE THOUSAND DOLLARS AND
NO /100 ($1,225,000.00) on or before the beginning and throughout the entirety of
the 2022 Calendar Year.
5. Real and Tangible Personal Property Creation. Commencing in the 2018 calendar
year and continuing throughout the term of the Agreement, Company must create and maintain a
minimum of TWO MILLION SIX HUNDRED EIGHTY -FOUR THOUSAND FIVE
HUNDRED THIRTEEN DOLLARS and NO /100 ($2,684,513.00) in cumulative Real and
Tangible Personal Property taxable value as identified on the Guadalupe County tax roll.
6. Annual Repo . The Company shall submit an Annual Certification Report (an
"Annual Report") for the preceding Calendar Year to the Executive Director of the Corporation
each year not later than February 15f. The Annual Report should substantially conform to the
Annual Report Form attached as Exhibit A to this Agreement. The first Annual Report will be due
February 15f, 2018.
7. Payment of Legal Fees. Company commits to reimburse the Corporation for the
necessary legal fees in the preparation of any amendment to this Agreement requested by
Company. Timely payment shall be made within 60 days of submittal of invoice to Company by
the Corporation or its assigns. Each Party shall bear its own legal fees in connection with the
negotiation of this Agreement.
8. Extension beyond Term. In recognition of the fact that the verification of
Company's compliance hereunder is, by necessity, verified in the calendar year following the
Company's obligations herein, the Expiration Date of this Agreement will be extended until any
and all verification of Performance Obligations and covenants have been satisfied. The Parties
hereto agree that the Corporation's right to the Recapture Amount shall survive the Expiration
Date of this Agreement.
ARTICLE VI
COVENANTS AND DUTIES
1. Company's Covenants and Duties. Company makes the following covenants and
warranties to the Corporation, and agrees to timely and fully perform the obligations and duties
contained in Article V of this Agreement. Any false or substantially misleading statements
contained herein or failure to timely and fully perform those obligations and duties within this
Agreement shall be an act of Default by the Company.
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(a) Company is authorized to do business and is in good standing in the State
of Texas and shall remain in good standing in the State of Texas and the United
States of America during any term of this Agreement.
(b) The execution of this Agreement has been duly authorized by Company's
authorized agent, and the individual signing this Agreement is empowered to
execute such Agreement and bind the entity. Said authorization, signing, and
binding effect is not in contravention of any law, rule, regulation, or of the
provisions of Company's by -laws, or of any agreement or instrument to which
Company is a party to or by which it may be bound.
(c) Company is not a party to any Bankruptcy proceedings currently pending
or contemplated, and Company has not been informed of any potential involuntary
Bankruptcy proceedings.
(d) To its current, actual knowledge, and subject to the Certificate of
Occupancy (or other approvals and permits to be obtained under subpart (f)
immediately below), Company has acquired and maintained all necessary rights,
licenses, permits, and authority to carry on its business in the City of Schertz and
will continue to use its best efforts to maintain all necessary rights, licenses,
permits, and authority.
(e) Company shall timely and fully comply with all of the terms and conditions
of this Agreement.
(f) Company agrees to obtain or cause to be obtained, all necessary permits and
approvals from City of Schertz and /or all other governmental agencies having
jurisdiction over the construction of any improvements to the Facility.
(g) Company shall be responsible for paying, or causing to be paid, to City of
Schertz and all other governmental agencies the cost of all applicable permit fees
and licenses required for construction of the Project. Company agrees to develop
the Project in accordance with the ordinances, rules, and regulations of the City of
Schertz in effect on the date the Project was designated, unless specified otherwise
in this Agreement. Company, in its sole discretion, may choose to comply with any
or all City of Schertz rules promulgated after the Effective Date of this Agreement.
(h) Company agrees to commence and complete the Project in strict accordance
with the Agreement.
(i) Company shall cooperate with the Corporation in providing all necessary
information to assist them in complying with this Agreement.
(j) During the term of this Agreement, Company agrees to not knowingly
employ any undocumented workers as part of the Project, and, if convicted of a
violation under 8 U.S.C. Section 1324a(1), Company shall be in Default (subject to
the remedies in Article V above). Company is not liable for an unknown violation
of this Section by a subsidiary, affiliate, or franchisee of Company or by a person
with whom Company contracts provided however that identical federal law
requirements provided for herein shall be included as part of any agreement or
contract which Company enters into with any subsidiary, assignee, affiliate, or
franchisee for which Small Business Grant provided herein will be used.
7
(k) Company shall be not be in arrears and shall be current in the payment of
all City taxes and fees.
(1) Corporation has the right to periodically (and with reasonable advance
notice) verify the terms and conditions of this Agreement including, but not limited
to, the number of persons employed by Company as a result of the assistance
provided hereunder, the addresses of those persons, the number of hours each
employee worked during the previous 12 months, the total expenses attributable to
training and employing those employees, and the cumulative payroll for
Company's Schertz operation.
(m) Company shall, upon written request from Corporation, provide to
Corporation a copy of the Texas Workforce Commission Texas Employers
Quarterly Wage Report for the requested quarter.
2. Corporation's Covenants and Duties.
(a) Small Business Grant Payment. The Corporation is obligated to pay
Company a Small Business Grant in the amount of TWO HUNDRED
THOUSAND DOLLARS AND NO /100 ($200,000.00). The Small Business Grant
shall be paid within thirty (30) days after receiving written notice from the
Company that they have received a Certificate of Occupancy, a copy of said
Certificate of Occupancy to be attached to the written notice, and certification that
Company has located their Corporate Headquarters and begun manufacturing
operations at the Facility.
3. Compliance and Default. Failure by Company to timely comply with any
performance requirement, duty, or covenant shall be considered an act of Default and shall give
the Corporation the right to terminate this Agreement and collect the Recapture Amount, as
determined by the Board of Directors of the Corporation.
ARTICLE VII
TERMINATION
1. Termination. This Agreement shall terminate upon the earliest occurrence of any
one or more of the following:
(a) The written agreement of the Parties;
(b) The Agreement's Expiration Date;
(c) Default by Company (at the option of the Corporation).
ARTICLE VIII
DEFAULT
1. Company's sole remedy under this Agreement is specific performance for
Corporations Default of its obligation under Section IV of this Agreement.
0
2. In the event of Default by the Company the Corporation shall, as its sole and
exclusive remedy for Default hereunder, have the right to terminate this Agreement and to
recapture one hundred percent (100 %) of the Small Business Grant (the "Recapture Amount ") if
the Default occurs on or prior to December 31, 2022. The Recaptured Amount shall be paid by
the Company within one hundred twenty (120) days after the date Company is notified by the
Corporation of such Default (the Payment Date "). In the event the Recaptured Amount is not
repaid by the applicable Payment Date, the unpaid portion thereof shall accrue interest at the rate
of two percent (2.00 %) per annum from the Effective Date until paid in full.
3. Under no circumstances will the funds received under this Agreement be used,
either directly or indirectly, to pay costs or attorney fees incurred in any adversarial proceeding
regarding this Agreement against the City of Schertz.
ARTICLE IX
MISCELLANEOUS
1. Binding Agreement. The terms and conditions of this Agreement shall be binding
on and inure to the benefit of the Parties, and their respective successors and assigns. The Executive
Director of the Corporation shall be responsible for the administration of this Agreement and shall
have the authority to execute any instruments, duly approved by the Corporation, on behalf of the
Parties related thereto. Notwithstanding any other provision of this Agreement to the contrary,
performance of either Party under this Agreement is specifically contingent on Company obtaining
a Certificate of Occupancy from the City of Schertz at the Facility under the terms of this
Agreement.
2. Mutual Assistance. The Parties will do all things reasonably necessary or
appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other
in carrying out such terms and provisions.
3. Representations and Warranties. The Corporation represents and warrants to
Company that this Agreement is within their authority, and that they are duly authorized and
empowered to enter into this Agreement, unless otherwise ordered by a court of competent
jurisdiction. Company represents and warrants to the Corporation that it has the requisite authority
to enter into this Agreement.
4. Assignment. Company shall have the right to assign all of its rights, duties, and
obligations under this Agreement to a duly qualified third party with prior written approval of the
Corporation. Any assignment provided for herein shall not serve to enlarge or diminish the
obligations and requirements of this Agreement, nor shall they relieve Company of any liability to
the Corporation including any required indemnity in the event that any Assignee hereof shall at
any time be in Default of the terms of this Agreement. The Corporation may demand and receive
adequate assurance of performance including the deposit or provision of financial security by any
proposed Assignee prior to its approval of an assignment.
5. Independent Contractors.
(a) It is expressly understood and agreed by all Parties hereto that in performing
their services hereunder, Company at no time will be acting as an agent of the Corporation and
that all consultants or contractors engaged by Company respectively will be independent
9
contractors of Company; and nothing contained in this Agreement is intended by the Parties to
create a partnership or joint venture between the Parties and any implication to the contrary is
hereby expressly disavowed the Parties hereto understand and agree that the Corporation will not
be liable for any claims that may be asserted by any third party occurring in connection with
services performed by Company respectively under this Agreement, unless any such claims are
due to the fault of the Corporation.
(b) By entering into this Agreement, except as specifically set forth herein, the
Parties do not waive, and shall not be deemed to have waived, any rights, immunities, or defenses
either may have, including the defense of parties, and nothing contained herein shall ever be
construed as a waiver of sovereign or official immunity by the Corporation with such rights being
expressly reserved to the fullest extent authorized by law and to the same extent which existed
prior to the execution hereof.
(c) No employee of the Corporation, or any board member, or agent of the
Corporation, shall be personally responsible for any liability arising under or growing out of this
Agreement.
6. Notice. Any notice required or permitted to be delivered hereunder shall be deemed
delivered by actual delivery, or on the first business day after depositing the same in the hands of
a reputable overnight courier (such as United States Postal Service, FedEx or UPS) and addressed
to the Party at the address set forth below:
If intended for SEDC: City of Schertz Economic Development Corporation
Attention: Exec. Dir. of Economic Development
1400 Schertz Parkway
Schertz, TX 78154
With a copy to:
Denton, Navarro, Rocha, & Bernal, PC
Attention: Charles E. Zech
2517 North Main Avenue
San Antonio, TX 78212
If to the Company: Evestra, Inc.
Attention: Ze'ev Shaked, Ph.D.
President, CEO and Director
6410 Tri County Parkway
Schertz, Texas 78154
Any Party may designate a different address at any time upon written notice to the other
Parties.
7. Governmental Records. All invoices, records and other documents required for
submission to the City pursuant to the terms of this Agreement are Governmental Records for the
purposes of Texas Penal Code Section 3 7. 10
8. Governing Law. The Agreement shall be governed by the laws of the State of
Texas, and the venue for any action concerning this Agreement (subject to the dispute resolution
10
mechanisms of Article VIII above) shall be in the Courts of Guadalupe County. The Parties agree
to submit to the personal and subject matter jurisdiction of said court.
9. Amendment. This Agreement may be amended by mutual written agreement of the
Parties, as approved by the Board of Directors of the Corporation.
10. Legal Construction. In the event any one or more of the provisions contained in
this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect other provisions of this Agreement, and it
is the intention of the Parties to this Agreement that, in lieu of each provision that is found to be
illegal, invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and
enforceable and is as similar in terms as possible to the provision found to be illegal, invalid, or
unenforceable.
11. Interpretation. Each of the Parties has been represented by counsel of their
choosing in the negotiation and preparation of this Agreement. Regardless of which Party prepared
the initial draft of this Agreement, this Agreement shall, in the event of any dispute, whatever its
meaning or application, be interpreted fairly and reasonably and neither more strongly for or
against any Party.
12. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties with respect to the subject matter covered in this Agreement. There is no other collateral
oral or written agreement between the Parties that, in any manner, relates to the subject matter of
this Agreement, except as provided for in any Exhibits attached hereto or duly approved
amendments to this Agreement, as approved by the Board of Directors of the Corporation.
13. Paragraph Headings. The paragraph headings contained in this Agreement are for
convenience only and will in no way enlarge or limit the scope or meaning of the various and
several paragraphs.
14. Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one
and the same instrument.
15. Exhibits. Any Exhibits attached hereto are incorporated by reference for all
purposes.
16. Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
17. Indemnification.
COMPANY AGREES TO DEFEND, INDEMNIFY AND HOLD THE
CORPORATION AND THE CITY OF SCHERTZ ( "CITY "), AND THEIR
RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM
AND AGAINST ANY AND ALL REASONABLE LIABILITIES, DAMAGES,
CLAIMS, LAWSUITS, JUSTMENTS, ATTORNEY FEES, COSTS, EXPENSES
AND ANY CAUSE OF ACTION THAT DIRECTLY RELATES TO ANY OF THE
FOLLOWING: ANY CLAIMS OR DEMANDS BY THE STATE OF TEXAS THAT
THE CORPORATION HAS BEEN ERRONEOUSLY OR OVER -PAID SALES
11
AND USE TAX FOR ANY PERIOD DURING THE TERM OF THIS AGREEMENT
AS A RESULT OF THE FAILURE OF COMPANY TO MAINTAIN A PLACE OF
BUSINESS AT THE PROPERTY OR IN THE CITY OF SCHERTZ, OR AS A
RESULT OF ANY ACT OR OMISSION OR BREACH OR NON - PERFORMANCE
BY COMPANY UNDER THIS AGREEMENT EXCEPT THAT THE IMDEMNITY
PROVIDED HEREIN SHALL NOT APPLY TO ANY LIABILITY RESULTING
FROM THE ACTION OR OMISSIONS OF THE CORPORATION OR CITY. THE
PROVISIONS OF THIS SECTION ARE SOLELY FOR THE BENEFIT OF THE
PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY
RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR
ENTITY. IT BEING THE INTENTION OF THE PARTIES THAT COMPANY
SHALL BE RESPONSIBLE FOR THE REPAYMENT OF ANY SMALL
BUSINESS GRANT PAID TO COMPANY HEREIN THAT INCLUDES CITY
SALES TAX RECEIPTS THAT THE STATE OF TEXAS HAS DETERMINED
WAS ERRONEOUSLY PAID, DISTRIBUTED OR ALLOCATED TO THE
CORPORATION.
18. Additional Instruments. The Parties agree and covenant to cooperate, negotiate in
good faith, and to execute such other and further instruments and documents as may be reasonably
required to fulfill the public purposes provided for and included within this Agreement. .
19. Force Majeure. Whenever a period of time is herein prescribed for action to be
taken by the Company, the Company shall not be liable or responsible for, and there shall be
excluded from the computation of any such period of time, any delays due to causes of any kind
whatsoever which are caused by Force Majeure.
12
Executed on this day of eoeik , 20
COMPANY
Evestra, Inc., a Delaware corporation
Name: Ze' ev Shaked, Ph.D.
Title: President, CEO and Director
STATE OF TEXAS X
COUNTY OF X
This information was acknowledged before me on this
by i for Evestra, Inc, Inc.,
agency.
v A CSMire l P "!
4F 'i � Commission xpi
10- M-2017
'i
13
day of
a Delaware corporation, on behalf of said
4'v
Notary's typed or printed name
My commission expires
Executed on this day of 1� (� , 201j
CITY OF SCHERTZ ECONOMIC
DEVELOPMENT CORPORATION
Industrial Development Corporation
By:
Name: Ti rown
Title: President
STATE OF TEXAS X
COUNTY OF GUADALUPE X
This information was ackno ledged before me on this day of %Y a o / %
by /M 50WO %eS' for the City of Schertz Economic Development C rporation, a Texan
non - profit industrial development corporation, on behalf of said agency.
PATRYCM HORAN
NOTARY PUBLIC
STATE qircs 42018
My Commissi
APPROVED AS TO FORM:
14
ota Public, State of Texas
Notary's typed or printed name
/- L/- as i�
My commission expires
Exhibit A
SAMPLE ANNUAL CERTIFICATION REPORT FORM
[SEE ATTACHED]
15
Annual Certification Report
Reporting Period: January 1 to December 31, 20_
The Annual Certification Report for the Economic Development Performance Agreement between the City of Schertz
Economic Development Corporation and Evestra, Inc., is due on February 15, 20 . Please sign and return the
Annual Certification Report form with accompanying narrative.
I. PROJECT INFORMATION
Project Information:
Company's legal name:
Project address subject to incentive:
Company primary contact:
Phone number:
II. REPORTING INFORMATION
E -mail address:
Title:
Employment and Wage Information:
Has the Company employed undocumented workers? ❑ Yes ❑ No
What is the total number of Full -time Employees located at the Schertz facility during the calendar year?
What is the total Annual Payroll for the Schertz facility during the calendar year?
Investment Information:
What taxable ad valorem value for Real Property for the reporting period?
What is the taxable ad valorem value for Tangible Personal Property for the reporting period?
Narrative:
Please attach a brief narrative explaining the current year's activities and /or comments relating to any potential defaults,
III. ADDITIONAL INFORMATION (VOLUNTARY)
Employment:
Total full -time employees:
Total annual payroll:
Number of full -time jobs added in past year:
Number of employees that live in Schertz, Texas:
Interested in being contacted about workforce training opportunities? ❑ Yes ❑ No
Interested in being contacted for assistance with City permits? ❑ Yes ❑ No
16
IV. CERTIFICATION
certify that, to the best of my knowledge and belief, the information and attachments provided herein are true and accurate
and in compliance with the terms of Economic Development Performance Agreement.
further certify that the representations and warranties contained within the Agreement remain true and correct as of the
date of this Certification, and Evestra, Inc. remakes those representations and warranties as of the date hereof.
further certify that the employment and wage information provided is true and accurate to the best of my knowledge and
can provide documentation from the Texas Workforce Commission to support my claim if so requested,
understand that this Certificate is being relied upon by the SEDC in connection with the expenditure of public funds,
have the legal and express authority to sign this Certificate on behalf of Evestra, Inc.
Name of Certifying Officer
Phone Number
Certifying Officer's Title
E -Mail Address
Signature of Certifying Officer Date
STATE OF TEXAS
COUNTY OF
X
1 @1
This information was acknowledged before me on this day of by
for Evestra, Inc., a Texas corporation, on behalf of said agency.
Notary Public, State of Texas
Notary's typed or printed name
My commission expires
The Annual Certification Report is to be completed, signed and returned on or before February 15, 20_. Please
send an original to the following address:
Attention: Executive Director
City of Schertz Economic Development Corporation
1400 Schertz Parkway, Bldg. No. 2
Schertz, TX 78154
17