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02-27-2018 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL February 27, 2018 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treats Work together cooperatively as a tea Call to Order — Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Gutierrez) Pr~,ntntinn • Presentation regarding the Historical Preservation Committee Annual Report. (B. James /D. Weirtz) • Presentation regarding the upcoming l Oth Annual Wilenchik Walk for Life. (S. Gonzalez /L. Klepper /M. Spence) • 2018 State of the City Address. (B. James /S. Gonzalez /L. Klepper) • Presentation of Employee Newsletter "Schertz Short ". (L. Klepper /M. Geedman/D. Flores) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • Announcements and recognitions by the Acting City Manager (B. James) • Announcements and recognitions by the Mayor (M. Carpenter) 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. 02 -27 -2018 Council Agenda All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the 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 • Update regarding the City of Schertz Quarterly Financial Statement. (B. James /J. Walters) • Update regarding Phase II Parks and Engineering fees. (B. James /L. Shrum /K. Woodlee) • Roadway Impact Fee update. (B. James /K. Woodlee) Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Consideration and/or action regarding the approval of the minutes of the regular meeting of February 13, 2018 and the minutes of the Special Council on the Go Townhall meeting of February 20, 2018. (B. James /B. Dennis) 2. Ordinance No. 18 -M -09 — Consideration and/or action approving an Ordinance amending and updating the City Council Rules of Conduct and Procedure. Final Reading (M. Carpenter /Council) 3. Ordinance No. 18 -S -07 - Consideration and/or action on a request to zone approximately 7 acres of land to Single - Family Residential District -1 (R -1) located approximately 3,000 feet southeast of the intersection of Homestead Parkway and Somervell. Final Reading (B. James /L. Wood /B. Cox) 4. Ordinance No. 18 -S -08 - Consideration and /or action on an amendment of Part III, Schertz Code of Ordinances, Unified Development Code (UDC), Article 9 Section. 21.9.9 Tree Preservation and Mitigation. Final Reading (B. James /L. Wood /B. Cox) 5. Resolution No. 18 -R -23 — Consideration and /or action approving a Resolution authorizing expenditures not to exceed $131,500 per fiscal year, and not to exceed $263,000 cumulatively over the two year contract term, for landscape maintenance of medians, parkways, and public grounds. (B. James /L. Shrum) 02 -27 -2018 City Council Agenda Page - 2 - 6. Boards /Commissions /Committee Member Appointments - Consideration and /or action ratifying the appointments of Councilmember David Scagliola, Ms. Susan Beck, Mr. Bill Baldwin, Mr. Johnny Bierschwale and Mr. Don Taylor to the 2018 Hal Baldwin Scholarship Committee. (B. Dennis /Mayor /Council) Discussion and Action Items 7. Ordinance No. 18 -S -10 — Conduct a public hearing and consideration and/or action . on a request to rezone approximately 1.5 acres of land from Single- Family Residential District (R -1) to Office and Professional District (OP) located approximately 220 feet southeast of the intersection of E. Live Oak Road and FM 3009. First Reading (B. James /L. Wood/E. Grobe) 8. Resolution No. 18 -R -22 — Consideration and/or action approving a Resolution authorizing the City Manager to enter into a consent, joinder, and subordination agreement with regard to a waterline easement with Cariari Holdings, Inc. and Central Texas Regional Water Supply Corporation (CTRWSC). (B. James) 9. Resolution No 18 -R -19 — Consideration and /or action approving a Resolution authorizing the City Manager to sign an Interlocal Agreement for property usage between the City of Schertz and the Cibolo Creek Municipal Authority regarding Fire Department Temporary Station #3. (D. Wait/K. Long) 10. Resolution No 18 -R -21 — Consideration and/or action approving a Resolution authorizing the acceptance of the 2017 Annual Racial Profile Report (D. Wait /M. Hansen /M. Bane) 1.1. Ordinance No. 18 -T -11 — Consideration and /or action approving an Ordinance authorizing an adjustment to transfer funds for the Operations Grant in connection with the Ace Mart Restaurant Supply Company Performance Agreement, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. First Reading (B. James /J. Walters /K. Kinateder) 1.2. Resolution No. 18 -R -25 - City Policies — Consideration and /or action approving a Resolution approving Employee Policies related to Employee Conduct and Discipline in the Workplace. (D. Wait) - Prohibition on Harassment (Council approval required) Roll Call Vote Confirmation Closed Session 1.3. City Council will meet in closed session under section 551.071 of the Texas Government Consultation with the City Attorney regarding pending or contemplated litigation. • GVSUD vs. City of Schertz • TCEQ Formal Protest GVSUD Wastewater Discharge Permit 02 -27 -2018 City Council Agenda Page - 3 - • Public Utility Commission — Request to remove GVSUD CCN area within City of Schertz city limits • EEOC Claim — Former Employee Michael Harris • SSLGC vs. Clean Green Inc. (Post Oak Landfill) • Former Employee Scott Ristow vs. City of Schertz Reconvene into Regular Session 13a. Take any action based on discussions held in closed session under Agenda Item 13. Roll Call Vote Confirmation Workshop • Discussion regarding a request from the City of Seguin to resell water to third party wholesalers. (D. Wait) Requests and Announcements 14. Announcements by the Acting City Manager. 15. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 16. 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 1.7. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Update regarding weekend bandit sign pick up. (D. Wait /E. Spradling /T. Brooks) • Mayor and Council compensation adjustments. (B. James /J. Walters) • Traffic update regarding intersection at Elbe] Road and Westchester. (D. Wait/M. Hansen) (Information requested by Mayor Pro -Tem Scagliola) • Update regarding the drainage /flooding issues in Northern Schertz (break way gate at Scenic Hills Subdivision. (D. Wait /J. Hooks /D. Letbetter) (Information. requested by Councilmember Larson) • Schertz Master Calendar update. (S. Gonzalez) Adjournment 02 -27 -2018 City Council Agenda Page - 4 - 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 23rd DAY OF FEBRUARY 2018 AT 5:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. gR ND�4l�,ENN5 Brenda Dennis, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2018. 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 closed 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. Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Closed 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 02 -27 -2018 City Council Agenda Page - 5 - Mayor Carpenter Councilmember Scagliola — Place 5 Main Street Committee Interview Committee for Boards and Commissions - Alternate Hal Baldwin Scholarship Committee Schertz- Seguin Local Government Corporation — Alternate Cibolo Valley Local Government Corporation - Alternate Councilmember Davis— Place 1 Councilmember Gutierrez — Place 2 Audit Committee Audit Committee Schertz Housing Authority Board Investment Advisory Committee Interview Committee for Boards and Commissions Main Street Committee - Chair Councilmember Larson — Place 3 Councilmember Edwards — Place 4 Main Street Committee — Vice Chair Interview Committee for Boards and Commissions Investment Advisory Committee 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 Audit Committee Interview Committee for Boards and Commissions TIRZ II Board 02 -27 -2018 City Council Agenda Page - 6 - Quarterly t t t Schertz, Texas XXXXXXXXXXXXX:.:.:. MY OF SC11ERTZ REVENUE AND EXPENSE REPORT (i,1NAUDI;,.f:°D S O DECEMBER R a i t 2017 2 f d - 201 k, :. ., ...... 21,277.05 CURRENT CURRENT Y -T -D BUDGET BUDGET Y-T -D AC' TUAL ENCUMBR BALANCE 25% OF BUDGET General Fund, 101 170,200.00 28,813.27 1,786.08 139,600.65 17.98% Total Revenues 31,354,058.43 10,901,169.58 - 20,953,824.92 33.17% Total General Government 6,751,104.19 1,443,678.97 649,894.99 4,657,530.23 31.01% Total Public Safety 13,475,601.59 3,530,377.96 298,138.55 9,647,085.08 28.41% Total Public Environment 1,353,192.00 270,881.64 32,006.67 1,050,303.69 22.38% Total Parks & Recreation 1,938,281.81 323,916.97 55,081.16 1,559,283.68 19.55% Total Cultural 921,998.00 256,307.78 15,435.26 650,254.96 29.47% Total Health 901,147.00 157,277.00 5,536.25 738,333.75 18.07% Total Internal Services 5,696,878.40 1,245,013.85 123,454.07 4,316,209.62 24.02% Total Misc & Projects 315,855.00 70,689.94 2,535.00 242,630.06 23.18% Total Expenditures 31,354,057.99 7,298,144.11 1,182,081.95 22,861,631.07 27.05% Revenue Over(Under) Expenditures 0.44 3,603,025.47 2,316,327.93 46,311.35 20,359,534.72 12.01% General Fund, 101 Total Cash in Bank & Investments 14,466,808.67 3,380,825.53 Total Revenues 170,200.00 21,277.05 - 148,922.95 12.50% Total Expenditures 170,200.00 28,813.27 1,786.08 139,600.65 17.98% Revenue Over(Under) Expenditures 0.00 (7,536.22) Special Events Fund, 106 Total Cash in Bank & Investments 76,989.89 Peg Fund, 110 Total Revenues 200,000.00 21,430.96 - 178,569.04 10.72% Total Expenditures 200,000.00 0.00 - 200,000.00 0.00% Revenue Over(Under) Expenditures 0.00 21,430.96 Peg Fund, 110 Total Cash in Bank & Investments 638,506.06 Water & Sewer, 202 Total Revenues 22,652,670.00 5,697,153.46 - 16,955,516.54 25.15% Total Expenditures 23,138,974.00 2,316,327.93 46,311.35 20,359,534.72 12.01% Revenue Over(Under) Expenditures (486,304.00) 3,380,825.53 Water & Sewer, 202 Total Cash in Bank & Investments 8,965,834.23 1 of 64 2 of 64 CH'Y OF SCHERTZ REVENUE AND EXPENSE REPORT(U?',IAUDITI ED) Quarterly Statement AS OF DECEMBER 31st, 2017 2017 - 2018 Schertz, Texas CURRENT CURRENT Y-T-D BUDGET 25% OF BUDGET Y- -D ACTUAL ENCUMBIR BALANCE BUDGET EMS, 203 Total Revenues 9,020,712.72 2,664,771.89 - 6,566,835.34 2720% Total Expenditures 9,007,172.81 2,595,609.55 794,220.62 5,617,342.64 37.63% Revenue Over(Under) Expenditures 13,539.91 69,162.34 EMS, 203 Total Cash in Bank & Investments 86,547.54 El= Drainage, 204 Total Revenues 2,763,927.00 462,589.20 - 2,301,337.80 16.74% Total Expenditures 2,279,927.00 317,412.53 873.52 2,063,159.15 9.51% Revenue Over(Under) Expenditures 484,000.00 145,176.67 Drainage, 204 Total Cash in Bank & Investments 1,171,965.37 Hotel Tax, 314 Total Revenues 563,650.00 114,802.45 448,847.55 20.37% Total Expenditures 322,836.00 64,429.56 258,406.44 19.96% Revenue Over(Under) Expenditures 240,814.00 50,372.89 Hotel Tax, 314 Total Cash in Bank & Investments 1,520,698.09 Park, 317 Total Revenues 130,000.00 1,259.70 - 128,740.00 0.97% Total Expenditures 130,000.00 0.00 109,829.69 20,170.31 84.48% Revenue Over(Under) Expenditures 0.00 1,259.70 Park, 317 Total Cash in Bank & Investments 1 1 1 1 i i i i i 369,070.89 1 1 1 1 1 I I I I IN 1 0000000011 Tree Mitigation, 319 Total Revenues 157,000.00 18,522.15 138,477.85 11.80% Total Expenditures 157,000.00 1,890.00 155,110.00 1.20% Revenue Over(Under) Expenditures 0.00 16,632.15 Tree Mitigation, 319 Total Cash in Bank & Investments 348,544.62 Capital Recovery Water, 411 Total Revenues 1,140,200.00 433,373.21 706,826.79 38.01% Total Expenditures 256.00 484.00 255,516.00 0.19% Revenue Over(Under) Expenditures 1,139,944.00 432,889.21 Capital Recovery Water, 411 Total Cash in Bank & Investments 5,278,251.62 2 of 64 Quarterly t t Schertz, Texas .. CH'Y OF SCHERTZ VENUE AND EXPENSE SE I1EPORT (WIMUDITMD) S OF DECEMBER 31st, 201 ..:, .. 2017 - 2018 3,175,441.42 CURRENT CURRENT Y -T -D BUDGET BUDGET Y- -D ACTUAL ENCUMBR BALANCE A1,CE 25% OF BUDGET Capital Recovery Sewer, 421 1 1 - 6,993,982.00 0.01% Total Revenues 590,150.00 281,191.81 - 308,958.19 47.65% Total Expenditures 485,500.00 1,574.82 - 483,925.18 0.47% Revenue Over(Under) Expenditures 104,650.00 279,616.99 Capital Recovery Sewer, 421 Total Cash in Bank & Investments 5,883,159.42 1,045,074.01 - 3,037,798.99 25.60% Total Revenues 6,994,532.00 3,175,441.42 - 3,819,090.58 45.40% Total Expenditures 6,994,532.00 550.00 - 6,993,982.00 0.01% Revenue Over(Under) Expenditures 0.00 3,174,891.42 1 &S, 505 Total Cash in Bank & Investments 4,624,973.55 SED Corporation, 620 Total Revenues 4,082,873.00 1,045,074.01 - 3,037,798.99 25.60% Total Expenditures 2,209,865.00 446,235.49 346.51 1,763,283.00 20.21% Revenue Over(Under) Expenditures 1,873,008.00 598,838.52 SED Corporation, 620 Total Cash in Bank & Investments 13,965,263.77 Total Cash in Bank & Investments 57,396,613.72 3 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31, 2017 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Taxes 19,581,110.00 8,203,584.82 8,086,841.12 8,203,584.82 - 11,377,525.18 41.90% Franchises 2,229,264.43 537,715.55 518,497.95 537,715.55 - 1,691,548.88 24.12% Permits 1,402,956.00 524,646.04 518,305.00 524,646.04 - 878,309.96 37.40% Licenses 51,160.00 13,802.50 15,165.00 13,802.50 - 37,357.50 26.98% Fees 2,126,546.00 526,207.66 603,701.00 526,357.66 200.00 1,599,988.34 24.76% Fines 20,000.00 5,180.44 5,190.42 5,180.44 - 14,819.56 25.90% Inter - Jurisdictional 873,008.00 135,921.98 229,330.04 135,921.98 - 737,086.02 15.57% Fund Transfers 4,484,614.00 769,914.54 603,938.72 769,914.54 - 3,714,699.46 17.17% Miscellaneous 585,400.00 184,046.02 116,649.24 184,046.05 (23.50) 401,377.45 31.44% TOTAL REVENUES 31,354,058.43 10,901,019.55 10,697,618:49 10,901,169.58 176.50 20,452,712.35 34.77% EXPENDITURE SUMMARY GENERAL GOVERNMENT CITY COUNCIL Personnel Services 34,699.00 9,370.87 6,976.09 9,370.87 14.40 25,313.73 27.05% Supplies 1,050.00 - 46.81 - 45.60 1,004.40 4.34% City Support Services 41,393.00 11,189.37 33,174.91 11,189.37 - 30,203.63 27.03% Utility Services 641.47 119.20 - 119.20 49.38 472.89 26.28% Operations Support 500.00 29.00 195.64 29.00 19.99 451.01 9.80% Staff Support 28,868.53 12,281.34 13,616.30 12,281.34 4,882.91 11,704.28 59.46% Operating Equipment - 723.00 - - - 0.00% TOTAL CITY COUNCIL 107,152.00 32,98938 54,732.75 32,989.78 5,012.28 69,149.94 35.47% CITY MANAGER Personnel Services 1,088,445.00 313,078.81 255,095.82 313,078.81 - 775,366.19 28.76% Supplies 2,000.00 251.79 5.07 251.79 158.99 1,589.22 20.54% City Support Services 12,674.32 - 4,989.85 - 4,939.93 7,734.39 38.98% Utility Services - 269.77 17.99 269.77 - (269.77) 0.00% Staff Support 27,060.68 3,691.03 3,933.32 3,691.03 4,127.56 19,242.09 28.89% TOTAL CITY MANAGER 1,130,180.00 317,291.40 264,042.05 317,291.40 9,226.48 803,662.12 28.89 %s 4 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31, 2017 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET MUNICIPAL COURT Personnel Services 288,987.00 83,741.39 76,616.30 83,741.39 - 205,245.61 28.98% Supplies 2,000.00 357.77 228.92 357.77 70.88 1,571.35 21.43% City Support Services 1,000.00 157.86 37.78 157.86 - 842.14 15.79% Operations Support 3,250.00 - - - - 3,250.00 0.00% Staff Support 8,510.00 1,492.64 439.56 1,492.64 248.39 6,768.97 20.46% Court Support 700.00 - - - - 700.00 0.00% Professional Services 67,960.00 15,000.00 12,700.00 15,000.00 22,200.00 30,760.00 54.74% Maintenance Services 3,000.00 500.00 500.00 500.00 2,500.00 - 100.00% Operating Equipment - - 39.02 - - - 0.00% TOTAL MUNICIPAL COURT 375,407.00 101,249.66 90,561.58 101,249.66 25,019.27 249,138.07 33.64% CUSTOMER RELATIONS -311 Personnel Services 115,904.00 34,168.21 31,066.79 34,168.21 - 81,735.79 29.48% Supplies 150.00 56.40 23.99 56.40 - 93.60 37.60% Staff Support 815.00 - - - - 815.00 0.00% Operating Equipment 600.00 - - - - 600.00 0.00% TOTAL CUSTOMER RELATIONS -311 117,469.00 34,224.61 31,090.78 34,224.61 = 83,24439 29.14% PLANNING & ZONING Personnel Services 202,011.00 55,018.80 46,917.65 55,018.80 - 146,992.20 27.24% Supplies 3,300.00 134.18 - 134.18 28.50 3,137.32 4.93% Operations Support 150.00 - - - - 150.00 0.00% Staff Support 25,490.00 1,010.00 978.98 1,010.00 936.00 23,544.00 7.63% Professional Services 100.00 - 70 - 100.00 0.00% Operating Equipment 250.00 - - - - 250.00 0.00% TOTAL PLANNING & ZONING 231,301.00 56,162.98 47,966.63 56,162.98 964.50 174,17152 24.70 %` LEGAL SERVICES Operations Support 5,000.00 331.84 559.66 331.84 156.20 4,511.96 9.76% Professional Services 155,000.00 11,639.48 4,238.79 11,639.48 - 143,360.52 7.51% TOTAL LEGAL SERVICES 160,000.00 11,97132 4,798.45 11,971.32 156.20 147,872.48 7.58% 5 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31, 2017 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET CITY SECRETARY Personnel Services 177,703.00 50,872.83 44,856.77 50,872.83 - 126,830.17 28.63% Supplies 1,050.00 332.19 409.95 332.19 - 717.81 31.64% City Support Services 8,500.00 2,059.17 1,865.83 2,059.17 - 6,440.83 24.23% Operations Support 100.00 - - - - 100.00 0.00% Staff Support 6,650.00 964.63 1,596.06 964.63 - 5,685.37 14.51% TOTAL CITY SECRETARY 194,003.00 54,228.82 48,728 61 54,228`.82 - 139,774.18 27.95% NON - DEPARTMENTAL City Support Services 792,092.19 227,045.96 165,434.17 227,045.96 152,919.22 412,127.01 47.97% Operations Support 154,500.00 36,824.82 35,583.66 36,824.82 - 117,675.18 23.83% Staff Support 320.00 80.00 80.00 80.00 - 240.00 25.00% City Assistance 1,741,562.00 139,081.25 126,020.97 139,081.25 417,243.75 1,185,237.00 31.94% Professional Services 44,635.00 16,480.09 11,953.38 16,480.09 29,485.00 (1,330.09) 102.98% Fund Chrgs /Transfrs -Spec Events Fnd 75,550.00 - - - - 75,550.00 0.00% TOTAL NON - DEPARTMENTAL 2,808,659.19 419,512.12 339,072.18 419,512.12 599,647.97 1,789,499.10 36.29% 6 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31, 2017 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET PUBLIC AFFAIRS Personnel Services 283,164.00 80,564.99 70,066.18 80,564.99 - 202,599.01 28.45% Supplies 2,000.00 448.80 94.06 448.80 - 1,551.20 22.44% Operations Support 29,450.00 1,495.30 718.00 1,495.30 - 27,954.70 5.08% Staff Support 3,730.00 149.00 301.00 149.00 - 3,581.00 3.99% Professional Services - - 10,800.00 - - - 0.00% TOTAL PUBLIC AFFAIRS 318,344.00 $2,658.09 81,979.24 82,658.09 - 235,685.91 25.97% RECORDS MANAGEMENT Personnel Services 53,654.00 11,391.29 14,733.01 11,391.29 - 42,262.71 21.23% Supplies 100.00 - - - - 100.00 0.00% Staff Support 355.00 - - - - 355.00 0.00% Professional Services 12,000.00 2,068.09 2,056.05 2,068.09 201.91 9,730.00 18.92% TOTAL RECORDS MANAGEMENT 66,109.00 13,459.38 16,789.06 13,459.38 201.91 52,447.71 20.66% SCHERTZ MAGAZINE Personnel Services 123,853.00 33,567.34 34,232.92 33,567.34 - 90,285.66 27.10% Supplies 200.00 - - - - 200.00 0.00% Opperations Support 2,600.00 - 36.33 2,563.67 1.40% Staff Support 3,330.00 - 18.00 - - 3,330.00 0.00% Professional Services 255,500.00 72,636.34 48,456.59 72,636.34 7,757.20 175,106.46 31.47% Fund Charges /Transfers 10,000.00 - - - 10,000.00 0.00% TOTAL SCHERTZ MAGAZINE 395,483.00 106,203.68 82,707:51 106,203.68 7,793.53 281,485.79 28.82 %` ENGINEERING Personnel Services 589,714.00 166,408.34 98,731.40 166,408.34 - 423,305.66 28.22% Supplies 1,620.00 64.52 54.64 64.52 - 1,555.48 3.98% Utility Services 3,500.00 408.74 4.73 408.74 - 3,091.26 11.68% Staff Support 11,475.00 235.21 198.00 235.21 100.00 11,139.79 2.92% Professional Services 70,800.00 - - - - 70,800.00 0.00% Operating Equipment 400.00 - - - - 400.00 0.00% TOTAL ENGINEERING 677,509.00 167,116.81 98,988.77 167,116.81 100.00 510,292.19 24.68% 7 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31, 2017 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET GIS Personnel Services 161,063.00 46,089.37 39,610.94 46,089.37 - 114,973.63 28.62% Supplies 1,740.00 - - - 210.00 1,530.00 12.07% Staff Support 4,600.00 - - - - 4,600.00 0.00% Rental /Leasing 2,085.00 520.95 520.95 520.95 1,562.85 1.20 0.00% TOTAL GIS 169,488.00 46,610.32 40,131.89 46,610.32 1,772`.85 121,104.83 28.55% TOTAL GENERAL GOVERNMENT 6,751,104.19 1,443,678.97 1,201,589.50 1`,443,678.97 649,894 99 4,657,530.23 31.01 %` PUBLIC SAFETY POLICE Personnel Services 6,429,458.00 1,734,315.64 1,549,213.65 1,734,315.64 - 4,695,142.36 26.97% Supplies 65,446.80 2,624.98 12,388.13 2,624.98 23,946.12 38,875.70 40.60% City Support Services 21,500.00 24,229.52 21,294.42 24,229.52 - (2,729.52) 112.70% Utility Services 111,957.00 13,255.53 11,986.53 13,255.53 - 98,701.47 11.84% Operations Support 7,935.00 26425 379.84 264.25 - 7,670.75 3.33% Staff Support 148,758.43 21,983.32 11,318.84 21,983.32 6,400.22 120,374.89 19.08% City Assistance 13,222.00 1,267.22 935.18 1,267.22 311.40 11,643.38 11.94% Professional Services 49,948.00 12,010.31 14,863.09 12,010.31 4,252.39 33,685.30 32.56% Maintenance Services 57,645.00 6,745.00 9,785.00 6,745.00 464.99 50,435.01 12.51% Operating Equipment 56,923.80 - 48,503.02 - 45,279.79 11,644.01 79.54% Capital Outlay 552,317.56 252,324.39 - 252,324.39 18,100.70 281,892.47 48.96% TOTAL POLICE 7,515,111.59 2,069,020.16 1,680,667.70 2,069,020.16 98,755.61 5,347,335.82 28.85 %' FIRE RESCUE Personnel Services 4,116,534.00 1,114,451.35 921,269.85 1,114,451.35 - 3,002,082.65 27.07% Supplies 19,550.00 674.10 1,325.63 674.10 805.55 18,070.35 7.57% Utility Services 52,300.00 6,633.92 8,554.35 6,633.92 - 45,666.08 12.68% Operations Support 550.00 - - - 58.00 492.00 10.55% Staff Support 167,875.00 23,751.42 37,931.13 23,751.42 39,027.33 105,096.25 37.40% City Assistance 20,000.00 1,082.19 1,281.94 1,082.19 - 18,917.81 5.41% Professional Services 33,500.00 4,900.00 - 4,900.00 - 28,600.00 14.63% Maintenance Services 55,500.00 469.89 3,089.03 469.89 800.29 54,229.82 2.29% Other Costs - 102.05 - 102.05 - (102.05) 0.00% Rental /Leasing 23,500.00 4,063.19 4,063.19 4,063.19 11,852.46 7,584.35 67.73% Operating Equipment 105,300.00 12,810.91 20,174.46 12,810.91 2,314.50 90,174.59 14.36% Capital Outlay 97,000.00 - 6,800.23 - 62,495.40 34,504.60 64.43% TOTAL FIRE RESCUE 4,691,609.00 1,168,939.02 1,004,489.81 1,168,939.02 117,353.53 3,405,316.45 27.42 %' 8 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31, 2017 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET INSPECTIONS Personnel Services 633,629.00 169,710.40 148,353.61 169,710.40 - 463,918.60 26.78% Supplies 4,100.00 486.90 477.40 486.90 44.90 3,568.20 12.97% Utility Services 5,000.00 858.73 505.04 858.73 - 4,141.27 17.17% Operations Support 2,000.00 213.00 354.51 213.00 - 1,787.00 10.65% Staff Support 28,180.00 1,942.08 2,095.87 1,942.08 383.97 25,853.95 8.25% Professional Services 100,000.00 20,600.00 46,100.00 20,600.00 79,400.00 - 100.00% Operating Equipment 5,500.00 - - - - 5,500.00 0.00% TOTAL INSPECTIONS 778,409.00 193,811.11 197,886.43 193,811.11 79,828.87 504,769.02 35.15 %' MARSHAL'S OFFICE Personnel Services 451,997.00 97,047.10 126,735.20 97,047.10 - 354,949.90 21.47% Supplies 3,475.00 272.77 102.43 272.77 1,888.99 1,313.24 62.21% Utility Services 8,500.00 999.86 896.57 999.86 - 7,500.14 11.76% Operations Support 1,000.00 - - - - 1,000.00 0.00% Staff Support 11,900.00 287.94 567.01 287.94 275.00 11,337.06 4.73% City Assistance 3,750.00 - - - - 3,750.00 0.00% Maintenance Services 5,100.00 200.00 - 5,100.00 0.00% Operating Equipment 4,750.00 14,503.05 - 36.55 4,713.45 0.77% TOTAL MARSHAL'S OFFICE 490,472.00 98,607.67 143,004.26 98,607.67 2,200.54 389,663.79 20.55 %? TOTAL PUBLIC SAFETY ` 13,475,601.59 3,530,377.96 3,026,048.20 3;530,377.96 298,138.55 9,647,085.08 28.41 %' 9 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31, 2017 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET PUBLIC ENVIRONMENT PARKS DEPARTMENT STREETS Personnel Services 526,297.00 130,980.24 140,376.39 130,980.24 - 395,316.76 24.89% Supplies 65,550.00 13,735.97 4,692.99 13,735.97 4,783.38 Personnel Services 783,442.00 City Support Services 222,550.42 578.00 205,074.93 578.00 222,550.42 1,469.63 37.67% - 560,891.58 25,083.03 28.41% 25,083.03 Supplies 66,850.00 15.93% 14,622.55 1,000.00 6,698.86 551.40 14,622.55 - 13,000.04 0.00% 39,227.41 9,850.00 41.32% 2,580.92 Utility Services 149,200.00 5,531.12 27,335.75 Professional Services 26,256.66 19,490.00 27,335.75 19,490.00 269.00 112,439.68 121,595.25 Maintenance Services 18.50% 5,305.01 Staff Support 11,250.00 6,681.09 1,331.04 70.51% 1,860.31 29,675.00 1,331.04 9,701.96 9,057.48 - 9,918.96 91.57% 11.83% 10,100.00 Professional Services 15,750.00 188.68 3,086.15 - 32.42% - 71,000.00 - 1,087.00 6,178.54 14,663.00 64,821.46 6.90% TOTAL PARKS DEPARTMENT Maintenance Services 85,000.00 221,249.02 211,699.76 - 11,215.36 24.15 %? SWIM POOL - - 85,000.00 0.00% Rental /Lease 4,000.00 1,820.79 280.00 1,820.79 259.00 16,935.30 280.00 Utility Services 21,000.00 - 3,720.00 1,123.77 7.00% 19,632.97 Operating Equipment 15,300.00 651,878.00 84,869.12 - 84,869.12 - 566,683.88 - 4,137.13 693,978.00 11,162.87 8,216.76 27.04% 2,912.17 Capital Outlay 222,400.00 4,761.88 - 4,761.88 13,513.50 204,124.62 8.22% TOTAL STREETS 1,353,192.00 270,881.64 251,365.12 270,881 >:64 32,006.67 1,050,303.69 22.38% TOTAL PUBLIC ENVIRONMENT 1,353,192.00 270,881.64 251,365,12 270,881?.64 32,006 67 1,050,303.69 22.38 %' PARKS & RECREATION PARKS DEPARTMENT Personnel Services 526,297.00 130,980.24 140,376.39 130,980.24 - 395,316.76 24.89% Supplies 65,550.00 13,735.97 4,692.99 13,735.97 4,783.38 47,030.65 28.25% City Support Services 2,357.81 578.00 3,426.35 578.00 310.18 1,469.63 37.67% Utility Services 222,000.00 25,083.03 43,290.39 25,083.03 10,289.89 186,627.08 15.93% Operations Support 1,000.00 - 551.40 - - 1,000.00 0.00% Staff Support 9,850.00 1,102.81 2,580.92 1,102.81 3,216.07 5,531.12 43.85% Professional Services 137,500.00 19,490.00 10,810.82 19,490.00 5,570.32 112,439.68 18.23% Maintenance Services 17,000.00 5,305.01 2,822.80 5,305.01 6,681.09 5,013.90 70.51% Rental /Leasing 29,675.00 9,057.48 9,701.96 9,057.48 18,114.96 2,502.56 91.57% Operating Equipment 10,100.00 188.68 2,995.00 188.68 3,086.15 6,825.17 32.42% Capital Outlay 71,000.00 6,178.54 - 6,178.54 - 64,821.46 8.70% TOTAL PARKS DEPARTMENT 1,092,329.81 211,699.76 221,249.02 211,699.76 52,052:04 828,578.01 24.15 %? SWIM POOL Supplies 21,100.00 1,820.79 4,667.58 1,820.79 2,343.91 16,935.30 19.74% Utility Services 21,000.00 1,123.77 2,957.71 1,123.77 243.26 19,632.97 6.51% Maintenance Services 651,878.00 84,869.12 591.47 84,869.12 325.00 566,683.88 13.07% TOTAL SWIM POOL 693,978.00 87,813,68 8,216.76 87,813.68 2,912.17 603,252.15 13.07% 10 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31, 2017 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET EVENT FACILITIES Personnel Services 60,584.00 15,935.32 14,738.67 15,935.32 - 44,648.68 26.30% Supplies 4,500.00 1,313.68 765.66 1,313.68 116.95 3,069.37 31.79% Utility Services 52,600.00 6,424.97 7,964.95 6,424.97 - 46,175.03 12.21% Operations Support 10,700.00 14.59 - 14.59 - 10,685.41 0.14% Staff Support 2,090.00 30.00 981.88 30.00 - 2,060.00 1.44% Operating Equipment 21,500.00 684.97 (1,850.61) 684.97 - 20,815.03 3.19% TOTAL EVENT FACILITIES ` 151,974.00 24,403.53 22,600.55 24,403.53 116.95 127,453.52 16.13 %' TOTAL PARKS &?RECREATION 1,938,281.81 323,916.97 252,066.33 323,916!.97 55,081.16 1,559,283.68 19.55 %`' CULTURAL LIBRARY Personnel Services 728,148.00 209,193.69 178,975.33 209,193.69 - 518,954.31 28.73% Supplies 15,500.00 2,391.07 4,277.49 2,391.07 - 13,108.93 15.43% Utility Services 55,500.00 6,611.87 4,680.09 6,611.87 - 48,888.13 11.91% Operations Support 4,200.00 481.98 231.98 481.98 1,670.00 2,048.02 51.24% Staff Support 7,375.00 1,127.61 957.10 1,127.61 - 6,247.39 15.29% Professional Services 2,275.00 2,318.00 2,252.00 2,318.00 - (43.00) 101.89% Maintenance Services 1,500.00 - - - - 1,500.00 0.00% Operating Equipment 107,500.00 34,183.56 28,006.40 34,183.56 13,765.26 59,551.18 44.60% TOTAL LIBRARY 921,998.00 256,307.78 219,380.39 256,307.78 15,435.26 650,254.96 29.47 %` TOTAL CULTURAL 921,998.00 256,307.78 219,380.39 256,307.78 15,435 26 650,254.96 29.47°lo'i 11 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31, 2017 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET HEALTH ANIMAL SERVICES Personnel Services 338,061.00 76,730.45 81,716.41 76,730.45 - 261,330.55 22.70% Supplies 33,380.00 8,080.56 8,045.59 8,080.56 690.01 24,609.43 26.27% City Support Services 3,500.00 - 1,149.76 - 675.68 2,824.32 19.31% Utility Services 54,500.00 5,472.26 7,516.90 5,472.26 202.36 48,825.38 10.41% Operations Support 1,000.00 256.07 690.00 256.07 - 743.93 25.61% Staff Support 10,750.00 1,152.60 1,601.61 1,152.60 864.88 8,732.52 18.77% City Assistance 18,500.00 2,626.09 2,106.69 2,626.09 782.40 15,091.51 18.42% Professional Services 24,500.00 4,616.10 2,034.76 4,616.10 900.00 18,983.90 22.51% Maintenance Services 43,380.00 975.00 6,270.50 975.00 - 42,405.00 2.25% Operating Equipment 31,000.00 250.00 - 250.00 990.00 29,760.00 4.00% Capital Outlay 62,000.00 - - - - 62,000.00 0.00% TOTAL ANIMAL SERVICES 620,571.00 100,159.1!3 111,132.22 100,159.13 5,105`.33 515,306.54 16.96% ENVIRONMENTAL HEALTH Personnel Services 223,926.00 53,036.92 42,811.45 53,036.92 - 170,889.08 23.69% Supplies 3,700.00 55.96 68.70 55.96 - 3,644.04 1.51% Operations Support 1,800.00 76.00 12.95 76.00 - 1,724.00 4.22% Staff Support 7,350.00 1,829.19 2,112.49 1,829.19 - 5,520.81 24.89% City Assistance 1,000.00 94.80 201.47 94.80 - 905.20 9.48% Professional Services 500.00 - - - - 500.00 0.00% Maintenance Services 15,000.00 2,025.00 1,810.00 2,025.00 - 12,975.00 13.50% Operating Equipment 2,300.00 - - - 430.92 1,869.08 18.74% Capital Outlay 25,000.00 - - - 25,000.00 0.00% TOTAL ANIMAL SERVICES 280,576.00 57,117.87 47,017.06 57,117.87 430.92 223,027.21 20.51% TOTAL HEALTH ' 901,147.00 1!57,277.00 158,149.28 157,277.00 5,536.25 738,33175 18.07 %' 12 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31, 2017 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET INTERNAL SERVICE INFORMATION TECHNOLOGY Personnel Services 539,540.00 139,064.92 106,571.16 139,064.92 - 400,475.08 25.77% Supplies 7,100.00 4,099.05 919.42 4,099.05 438.62 2,562.33 63.91% City Support Services 1,043,327.40 105,030.70 78,867.99 105,030.70 1,105.77 937,190.93 10.17% Utility Services 210,474.00 39,541.48 47,992.21 39,541.48 7,378.45 163,554.07 22.29% Staff Support 40,000.00 14,167.72 6,487.49 14,167.72 349.45 25,482.83 36.29% Professional Services 16,000.00 - - - - 16,000.00 0.00% Maintenance Services 14,692.00 949.45 1,322.40 949.45 - 13,742.55 6.46% Rental /Leasing - - 12,681.96 - - - Operating Equipment 251,860.00 32,284.19 48,877.19 32,284.19 10,282.02 209,293.79 16.90% TOTAL INFORMATION TECHNOLOGY 2,122,993.40 335,137.51 303,719:$2 335,137.51 19,554 31 1,768,301.58 1671 %s HUMAN RESOURCES Personnel Services 353,475.00 109,970.06 81,215.23 109,970.06 - 243,504.94 31.11% Supplies 1,000.00 78.99 28.55 78.99 - 921.01 7.90% Human Services 74,500.00 8,402.75 9,712.58 8,402.75 20,639.68 45,457.57 38.98% City Support Services 204.36 204.36 - 204.36 - - 100.00% Utility Services 455.88 75.98 - 75.98 37.99 341.91 25.00% Operations Support 9,339.76 5,855.83 1,367.00 5,855.83 - 3,483.93 62.70% Staff Support 15,000.00 398.66 1,497.21 398.66 579.00 14,022.34 6.52% City Assistance 10,000.00 975.00 708.00 975.00 375.00 8,650.00 13.50% Professional Services 9,600.00 2,234.25 2,234.25 2,234.25 6,702.75 663.00 93.09% Operating Equipment 1,000.00 - - - 1,000.00 0.00% TOTAL HUMAN RESOURCES 474,575.00 128,195.88 96,762.82 128,195.88 28,334.42 318,04410 32.98% FINANCE Personnel Services 584,989.00 169,450.26 159,317.80 169,450.26 - 415,538.74 28.97% Supplies 4,160.00 973.88 1,830.93 973.88 164.40 3,021.72 27.36% Operations Support 2,155.00 - 55.97 - - 2,155.00 0.00% Staff Support 9,495.00 2,269.26 865.00 2,269.26 - 7,225.74 23.90% Professional Sevices 31,970.00 7,252.00 - 7,252.00 - 24,718.00 22.68% Operating Equipment 3,770.00 - 55.99 - - 3,770.00 0.00% TOTAL FINANCE 636,539.00 179,945.40 162,125:69 179,945`.40 164.40 456,429.20 28.30 %< 13 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31, 2017 * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET PURCHASING & ASSET MGT 810,968.00 203,501.17 202,947.43 203,501.17 - 607,466.83 Personnel Services 207,405.00 59,037.13 29,893.51 59,037.13 20,664.73 25,131.96 - 148,367.87 28.46% Supplies 1,050.00 80.60 52.71 80.60 24,870.36 - 969.40 7.68% Utility Services 250.00 46.62 16.10 46.62 Operation Support - - 203.38 18.65% Operations Support 150.00 - (9.63) - - 150.00 0.00% Staff Support 6,600.00 660.00 30.00 660.00 7.00 19.42% 5,933.00 10.11% City Assistance 3,000.00 67.00 171.00 67.00 67.00 2,866.00 4.47% Capital Outlay 29,000.00 - - - 81,915.25 - 29,000.00 0.00% TOTAL PURCHASING & ASSET MGT 247,455.00 59,891.35 30,153.69 59,891,35 491.35 74.00 2,060.69 158,489.65 24.23% FLEET SERVICE (1,056.30) 152.82% Operating Equipment 7,000.00 - - Personnel Services 337,173.00 87,162.84 85,810.31 87,162.84 0.00% - 250,010.16 25.85% Supplies 169,500.00 34,251.35 37,063.17 34,251.35 - 8,101.97 0.00% 127,146.68 24.99% City Support Services 6,500.00 2,826.44 2,354.40 2,826.44 49,923.79 1!,070,457.45 - 3,673.56 43.48% Utility Services 7,000.00 1,419.05 1,677.17 1,419.05 29.83 5,551.12 20.70% Operations Support 200.00 - - - - 200.00 0.00% Staff Support 19,810.00 3,779.01 1,552.19 3,779.01 509.25 15,521.74 21.65% Maintenance Services 124,750.00 61,507.26 53,869.08 61,507.26 16,762.10 46,480.64 62.74% Operating Equipment 8,200.00 1,296.86 - 1,296.86 - 6,903.14 15.82% Capital Outlay 89,000.00 - - - - 89,000.00 0.00% TOTAL FLEET SERVICE 762,13100 192,242.81 182,326.32 192,242.81 25,403.15 544,487.04 28.56% FACILITY SERVICES Personnel Services 810,968.00 203,501.17 202,947.43 203,501.17 - 607,466.83 25.09% Supplies 113,500.00 25,131.96 20,664.73 25,131.96 5,408.61 82,959.43 26.91% Utility Services 159,515.00 24,870.36 23,308.92 24,870.36 - 134,644.64 15.59% Operation Support - 6,086.14 - 6,086.14 10,713.00 Staff Support 14,200.00 1,617.86 4,993.95 1,617.86 1,139.24 11,442.90 19.42% Professional Services 50,665.12 5,986.81 - 5,986.81 3,102.20 41,576.11 17.94% Maintenance Services 202,334.88 81,915.25 73,054.98 81,915.25 26,995.79 93,423.84 53.83% Rental /Leasing 2,000.00 491.35 2,060.69 491.35 2,564.95 (1,056.30) 152.82% Operating Equipment 7,000.00 - - - - 7,000.00 0.00% Capital Outlay 93,000.00 - - - - 93,000.00 0.00% TOTAL BUILDING MAINTENANCE 1,453,183.00 349,600.90 327,030.70 349,600.90 49,923.79 1!,070,457.45 27.49 %'' TOTAL INTERNAL SERVICE 5,696,878.40 1,245,013.85 1,102,119.04 1`,245,013.85 123,454.07 4;316,209.62 24.02 %' 14 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31, 2017 2 0 17 - 2 0 18 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBIR BALANCE BUDGET MISC & PROJECTS CITY ASSISTANCE City's Assistance to Agencies 293,872.00 70,689.94 54,153.89 70,689.94 223,182.06 24.05% TOTAL CITY ASSISTANCE 293,872.00 70,689.94 54,153.89 70,689.94 223,182.06 24.05% COURT - RESTRICTED FUNDS Operating Equipment 21,983.00 2,535.00 19,448.00 11.53% TOTAL CITY ASSISTANCE 21,983.00 2,535.00 19,448.00 11.53% TOTAL MISC & PROJECTS 315,855.00 70,689.94 54,153.89 70,689.94 2,535.00 242,630.06 23.18% TOTAL EXPENDITURES 31,354,057.99 7,298,144.11 6,264,871.75 7,298,144.11 1,182,081:95 22,861,631.07 27.05% REVENUE OVER(UNDER) EXPEND. 0.44 - 3,603,025.47 15 of 64 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: December 31, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Taxes 000-411100 Advalorem Tax - Current 11,726,025.00 6,183,879.02 6,195,642.10 6,183,879.02 - 5,542,145.98 52.74% 000 - 411200 Advalorem Tax - Delinquent 50,000.00 5,090.94 (26,431.35) 5,090.94 - 44,909.06 10.18% 000 - 411300 Advalorem Tax - P &I 50,000.00 4,750.49 6,525.81 4,750.49 - 45,249.51 9.50% 000 - 411500 Sales Tax Revenue -Gen Fund 7,711,085.00 1,998,920.78 1,898,834.48 1,998,920.78 - 5,712,164.22 25.92% 000 - 411600 Bingo Tax - 11.25 - 11.25 (11.25) 0.00% 000 - 411700 Mixed Beverage Tax 44,000.00 10,932.34 12,270.08 10,932.34 - 33,067.66 24.85% TOTAL Taxes 19,581,110.00 8,203,584.82 8,086,841.12 8;203,584.82 - 11;377,525:18 41.90% Franchises 000 - 421200 Center Point /Entex Energy 67,793.07 14,316.42 14,470.92 14,316.42 - 53,476.65 21.12% 000 - 421220 City Public Service 946,887.77 231,582.11 210,168.32 231,582.11 - 715,305.66 24.46% 000 - 421240 Guadalupe Valley Elec Co -op 416,134.03 99,925.40 99,127.80 99,925.40 - 316,208.63 24.01% 000 - 421250 New Braunfels Utilities 75,393.90 17,524.17 16,866.96 17,524.17 - 57,869.73 23.24% 000 - 421300 Time Warner -State Franchise 269,019.90 55,023.42 67,789.44 55,023.42 - 213,996.48 20.45% 000 - 421460 AT &T Franchise Fee 191,123.61 53,413.77 46,717.80 53,413.77 - 137,709.84 27.95% 000 - 421480 Other Telecom Franchise 113,964.44 29,327.28 27,543.27 29,327.28 - 84,637.16 25.73% 000 - 421500 Solid Waste Franchise Fee 148,947.71 36,602.98 35,813.44 36,602.98 - 112,344.73 24.57% TOTAL Franchises 2,229,264.43 537,715.55 518,497.95 537,715.55 - 1,691,548.88 24.12% Permits 000 - 431100 Home Occupation Permit 500.00 210.00 260.00 210.00 - 290.00 42.00% 000 - 431205 Building Permit - Residential 573,156.00 189,909.00 109,959.00 189,909.00 - 383,247.00 33.13% 000 - 431210 Building Permit - Commercial 200,000.00 114,324.00 255,907.00 114,324.00 - 85,676.00 57.16% 000 - 431215 Building Permit - General 150,000.00 44,042.00 31,515.00 44,042.00 - 105,958.00 29.36% 000 - 431300 Mobile Home Permit 300.00 25.00 50.00 25.00 - 275.00 8.33% 000 - 431400 Signs Permit 6,000.00 943.00 798.00 943.00 - 5,057.00 15.72% 000 - 431500 Food Establishmnt Permit 60,000.00 55,540.00 48,435.00 55,540.00 - 4,460.00 92.57% 000 - 431600 Garage Sale Permit 10,500.00 2,135.00 2,158.00 2,135.00 - 8,365.00 20.33% 000 - 431700 Plumbing Permit 121,000.00 42,561.70 25,159.00 42,561.70 - 78,438.30 35.17% 000 - 431750 Electrical Permit 61,000.00 18,900.00 13,260.00 18,900.00 - 42,100.00 30.98% 000 - 431800 Mechanical Permit 62,000.00 16,960.00 12,960.00 16,960.00 - 45,040.00 27.35% 000 - 431900 Solicitor /Peddler Permit 1,500.00 20.00 - 20.00 - 1,480.00 1.33% 000 - 431950 Animal/Pet Permit 1,000.00 90.00 15.00 90.00 - 910.00 9.00% 000 - 432000 Cert. of Occupancy Prmt 7,000.00 1,450.00 1,000.00 1,450.00 - 5,550.00 20.71% 16 of 64 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: December 31, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET 000 - 432100 Security Alarm Permit 36,000.00 9,423.00 9,800.00 9,423.00 - 26,577.00 26.18% 000 - 432300 Grading /Clearing Permit 7,000.00 3,474.36 2,414.00 3,474.36 - 3,525.64 49.63% 000 - 432400 Development Permit 81,000.00 16,303.98 - 16,303.98 64,696.02 20.13% 000 - 435000 Fire Permit 25,000.00 8,335.00 4,615.00 8,335.00 - 16,665.00 33.34% TOTAL Permits 1,402,956.00 524,646.04 518,305.00 524,646.04 - 878,309.96 37.40% Licenses 000 - 441000 Alcohol Beverage License 8,000.00 2,937.50 2,995.00 2,937.50 - 5,062.50 36.72% 000 - 441300 Mobile Home License 160.00 40.00 120.00 40.00 - 120.00 25.00% 000 - 442000 Contractors License 40,000.00 10,150.00 11,450.00 10,150.00 - 29,850.00 25.38% 000 - 444000 Pet License 3,000.00 675.00 600.00 675.00 - 2,325.00 22.50% TOTAL Licenses 51,160.00'- 13,802.50 15,165.00 13,802.50 - 37,357.50 26.98% Fees 000 - 451000 Municipal Court Fines 682,252.00 132,591.10 171,542.82 132,591.10 - 549,660.90 19.43% 000 - 451100 Arrest Fee 21,714.00 4,479.11 6,498.02 4,479.11 - 17,234.89 20.63% 000 - 451110 Expunction Fee 120.00 - 60.00 - - 120.00 0.00% 000 - 451200 Warrant Fees 124,000.00 19,332.21 21,548.86 19,332.21 - 104,667.79 15.59% 000 - 451210 Court - Claims & Judgements - - (291.40) - - - 0.00% 000 - 451340 Judicial Fee - City 3,152.00 628.58 882.27 628.58 - 2,523.42 19.94% 000 - 451400 Traffic Fine Costs TTL 10,265.00 2,117.35 3,231.24 2,117.35 - 8,147.65 20.63% 000 - 451510 Juvenile Case Mgmt Fee 26,352.00 5,257.90 7,357.40 5,257.90 - 21,094.10 19.95% 000 - 451520 Truancy Fee 4,464.00 936.81 1,347.36 936.81 3,527.19 20.99% 000 - 451600 Technology Fund Fee 21,983.00 4,147.23 5,911.20 4,147.23 - 17,835.77 18.87% 000 - 451700 Security Fee 15,817.00 3,205.38 4,433.40 3,205.38 - 12,611.62 20.27% 000 - 451800 Time Payment Fee - City 9,689.00 1,406.94 1,600.69 1,406.94 - 8,282.06 14.52% 000 - 451850 State Fines 10% Service Fee 20,488.00 8,502.14 10,245.75 8,502.14 - 11,985.86 41.50% 000 - 451900 DPS Payment - Local 8,829.00 1,517.34 1,635.21 1,517.34 - 7,311.66 17.19% 000 - 452000 Child Safety Fee 3,810.00 1,269.33 790.21 1,269.33 - 2,540.67 33.32% 000 - 452100 Platting Fees 62,000.00 7,750.00 22,500.00 7,750.00 - 54,250.00 12.50% 000 - 452200 Site Plan Fee 43,500.00 14,500.00 6,000.00 14,500.00 - 29,000.00 33.33% 000 - 452300 Plan Check Fee 463,261.00 175,383.00 197,971.00 175,383.00 - 287,878.00 37.86% 000 - 452320 Tree Mitigation Admin Fee 20,000.00 2,319.60 9,441.60 2,319.60 - 17,680.40 11.60% 000 - 452400 BOA/Zoning Fees 5,000.00 500.00 - 500.00 - 4,500.00 10.00% 17 of 64 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: December 31, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET 000 - 452600 Specific Use /Zone Chng Fee 14,300.00 12,800.00 13,000.00 12,800.00 - 1,500.00 89.51% 000 - 452710 Zoning Ltr & Dev Rights 1,200.00 450.00 600.00 450.00 - 750.00 37.50% 000 - 453100 Reinspection Fees 90,000.00 33,500.00 28,000.00 33,500.00 - 56,500.00 37.22% 000 - 453110 Swim Pool Inspection Fee 2,600.00 - - - - 2,600.00 0.00% 000 - 453200 Lot Abatement 5,000.00 - 1,325.50 - - 5,000.00 0.00% 000 - 453211 Admin Fee - Inspections 10,400.00 6,400.00 3,800.00 6,400.00 - 4,000.00 61.54% 000 - 453310 Misc Inspection Fee - 1,700.00 - 1,700.00 - (1,700.00) 0.00% 000 - 453710 Foster Care 1,000.00 200.00 150.00 350.00 - 650.00 35.00% 000 - 454200 Pool Gate Admission Fee 24,000.00 - - - - 24,000.00 0.00% 000 - 454300 Seasonal Pool Pass Fee 5,000.00 - - - - 5,000.00 0.00% 000 - 456120 Senior Center Meal Fee - 401.00 401.00 401.00 - (401.00) 0.00% 000 - 456500 Haz Mat Fees 5,000.00 - - - - 5,000.00 0.00% 000 - 456600 Fire Re- inspection Fee 1,000.00 350.00 150.00 350.00 - 650.00 35.00% 000 - 458110 Sale of Merchandise- GovDeal 40,000.00 2,526.09 2,328.15 2,526.09 - 37,473.91 6.32% 000 - 458300 Sale of Property /Auction 3,000.00 - - - - 3,000.00 0.00% 000 - 458400 Civic Center Rental Fees 200,000.00 40,959.75 38,229.00 40,959.75 150.00 158,890.25 20.55% 000 - 458401 Capital Recovery Fee -Civic Cntr 10,000.00 300.00 2,885.00 300.00 - 9,700.00 3.00% 000 - 458450 North Center Rental Fees 18,500.00 5,755.00 4,800.00 5,755.00 50.00 12,695.00 31.38% 000 - 458460 Senior Center Rental 15,000.00 - 4,600.00 - - 15,000.00 0.00% 000 - 458500 Community Center Rental Fees 25,000.00 8,404.50 5,928.00 8,404.50 - 16,595.50 33.62% 000 - 458550 Pavilion Rental Fees 20,000.00 3,000.00 1,885.00 3,000.00 - 17,000.00 15.00% 000 - 458560 Chamber of Comm rent 7,800.00 1,950.00 - 1,950.00 - 5,850.00 25.00% 000 - 458570 Non - Resident SYSA League 10,000.00 9,280.00 - 9,280.00 - 720.00 92.80% 000 - 458650 NonResident User Fee -BVYA 10,000.00 - - - - 10,000.00 0.00% 000 - 458660 BVYA Utility Reimbursement 15,000.00 - 9,242.22 - - 15,000.00 0.00% 000 - 458675 Lions Futbol Utility Reimbursement 10,000.00 2,344.00 3,516.00 2,344.00 - 7,656.00 23.44% 000 - 458700 Vehicle Impoundment 10,000.00 2,860.00 2,070.00 2,860.00 - 7,140.00 28.60% 000 - 459200 NSF Check Fee 250.00 - - - - 250.00 0.00% 000 - 459300 Notary Fee 250.00 24.00 66.00 24.00 - 226.00 9.60% 000 - 459400 Maps, Copies, UDC, & Misc F 250.00 5.00 - 5.00 - 245.00 2.00% 000 - 459600 Animal Adoption Fee 12,500.00 3,891.00 4,746.50 3,891.00 - 8,609.00 31.13% 000 - 459700 Pet Impoundment Fee 7,000.00 1,882.00 1,664.00 1,882.00 - 5,118.00 26.89% 000 - 459800 Police Reports Fee 5,800.00 1,381.30 1,609.00 1,381.30 - 4,418.70 23.82% TOTAL Fees 2,126,546.00 526,207.66 603,701:00 526,357.66 200:00 1,599,988.34 24.76 % ` - 18 of 64 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: December 31, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Fines 000 - 463000 Library Fines 20,000.00 5,180.44 5,190.42 5,180.44 - 14,819.56 25.90% TOTAL Fines 20,000.00 5,180.44 5,190.42 5,180.44 - 14,819.56 25.90% Inter - Jurisdictional 000 - 473100 Bexar Co - Fire 21,077.00 19,321.28 15,808.32 19,321.28 - 1,755.72 91.67% 000 - 473200 City of Seguin - Fire Contract 29,231.00 7,307.70 7,307.70 7,307.70 - 21,923.30 25.00% 000 - 473300 Guad Co - Library 218,000.00 18,096.00 72,384.00 18,096.00 - 199,904.00 8.30% 000 - 473400 Randolph AFB - Animal Cntrl 1,200.00 - - - - 1,200.00 0.00% 000 - 474200 Library Services - Cibolo 35,000.00 1.50 - 1.50 - 34,998.50 0.00% 000 - 474210 Library Services -Selma 20,000.00 - - - - 20,000.00 0.00% 000 - 474400 Dispatch Service - Cibolo 166,000.00 - 40,000.00 - - 166,000.00 0.00% 000 - 474600 School Crossing Guard - Bexar 38,000.00 12,342.74 8,965.67 12,342.74 - 25,657.26 32.48% 000 - 474610 School Cross Guard - Guadalupe 38,000.00 8,852.76 8,614.35 8,852.76 - 29,147.24 23.30% 000 - 474620 School Crossing Guard -Coma) 1,500.00 - - - - 1,500.00 0.00% 000 - 474700 School Officer Funding 255,000.00 63,750.00 63,750.00 63,750.00 - 191,250.00 25.00% 000 - 474750 Crime Victim Liaison Agreement 50,000.00 6,250.00 12,500.00 6,250.00 - 43,750.00 12.50% TOTAL Inter - Jurisdictional 873,008.00 135,921.98 229,330:04 135,921.98 - 737,086 02 15.57 %` Fund Transfers 000 - 480000 Indirect Costs - EMS 170,087.00 42,521.68 37,521.75 42,521.68 - 127,565.32 25.00% 000 - 480100 Indirect Costs - Hotel /Motel 67,605.00 16,601.25 16,601.25 16,601.25 - 51,003.75 24.56% 000 - 481000 Transfer In Reserves 1,473,564.00 - - - - 1,473,564.00 0.00% 000 - 485000 Interfund Charge- Drainage 271,430.00 67,857.43 46,106.25 67,857.43 - 203,572.57 25.00% 000 - 486000 Interfund Chrges -Admin W &S 1,344,140.00 336,034.93 296,703.00 336,034.93 - 1,008,105.07 25.00% 000 - 487000 Interfund Charges -Fleet 344,026.00 86,201.75 99,395.25 86,201.75 - 257,824.25 25.06% 000 - 488000 Interfund Charges -413 441,395.00 220,697.50 107,611.22 220,697.50 - 220,697.50 50.00% 000 - 489000 Transfer In 107,367.00 - - - - 107,367.00 0.00% 000 - 489620 Contribution - SEDC 265,000.00 - - - 265,000.00 0.00% TOTAL Fund Transfers 4,484,614.00 769,914.54 603,938.72 769,914.54 - 3,714,699.46 17.17% 19 of 64 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: December 31, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 101 GENERAL FUND CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Miscellaneous 000 - 491000 Interest Earned 1,500.00 3,993.55 184.28 3,993.55 - (2,493.55) 266.24% 000 - 491200 Investment Income 150,000.00 34,112.52 22,841.43 34,112.55 - 115,887.45 22.74% 000 - 491800 Gain /Loss - (4,843.84) (5,416.78) (4,843.84) - 4,843.84 0.00% 000 - 491900 Unrealized Gain /Loss (30,000.00) (3,395.78) (9,491.91) (3,395.78) - (26,604.22) 0.00% 000 - 493120 Donations - Public Library 2,500.00 525.15 46.15 525.15 - 1,974.85 21.01% 000 - 493400 Donation - Animal Control 15,000.00 6,728.37 3,220.50 6,728.37 (23.50) 8,295.13 44.70% 000 - 493401 Donations -A /C Microchip 1,000.00 255.00 130.00 255.00 - 745.00 25.50% 000 - 493402 Donations - Spay &Neuter 1,000.00 - 643.50 - 1,000.00 0.00% 000 - 493403 Donations - Animal Adoption Trailer - - 102.00 - - - 0.00% 000 - 493404 Donations -TNR Program 500.00 - - - - 500.00 0.00% 000 - 493465 Donations - Senior Center - 2,850.53 2,289.13 2,850.53 - (2,850.53) 0.00% 000 - 493502 Donations -PD - - 3,500.00 - - - 0.00% 000 - 493503 Donations -Fire Rescue - 350.00 - 350.00 (350.00) 0.00% 000 - 494481 LawEnforcemtOfficersStnd &Ed 3,650.00 - - - - 3,650.00 0.00% 000 - 494482 Grants - Police, Fire, Gen Fund 5,000.00 - 4,892.03 - - 5,000.00 0.00% 000 - 495100 Mobile Stage Rental Fees - 550.00 - 550.00 - (550.00) 0.00% 000 - 497000 Misc Income -Gen Fund 30,000.00 49,765.43 10,744.00 49,765.43 - (19,765.43) 165.88% 000 - 497005 Schertz Magazine Advertising 195,000.00 33,560.00 52,525.00 33,560.00 - 161,440.00 17.21% 000 - 497100 Misc Income - Police 18,500.00 985.80 7,317.40 985.80 - 17,514.20 5.33% 000 - 497150 Misc Income -Fire Department - - 1,750.00 - - - 0.00% 000 - 497200 Misc Income - Library 5,000.00 1,211.49 1,037.75 1,211.49 - 3,788.51 24.23% 000 - 497210 Misc Income - Library Copier 18,000.00 4,903.41 4,270.00 4,903.41 - 13,096.59 27.24% 000 - 497300 Misc Income - Animal Control - 128.75 180.00 128.75 - (128.75) 0.00% 000 - 497400 Misc Income - Streets Dept. 60,000.00 7,976.10 6,141.70 7,976.10 - 52,023.90 13.29% 000 - 497500 Misc Income -TML Insurance 10,000.00 21,955.88 367.46 21,955.88 - (11,955.88) 219.56% 000 - 497550 Misc Income -TML Reimbursemt 20,000.00 119.11 1,748.26 119.11 - 19,880.89 0.60% 000 - 497600 Misc Income - Vending Mach. 2,500.00 389.15 496.68 389.15 - 2,110.85 15.57% 000 - 497610 Misc Income- Muni Court - 2,036.40 - 2,036.40 - (2,036.40) 0.00% 000 - 498000 Reimbursmnt -Gen Fund 35,000.00 2,276.34 335.50 2,276.34 - 32,723.66 6.50% 000 - 498100 Reimbursmnt Fire - Training 500.00 - - - - 500.00 0.00% 000 - 498105 Reimburmnt Police - DEA 5,000.00 - 2,121.89 - - 5,000.00 0.00% 000 - 498110 Reimbursmnt Fire - Emg. Acti -O 30,000.00 17,612.66 - 17,612.66 - 12,387.34 58.71% 000 - 498150 Reimbursemnt - Library 5,750.00 - 4,673.27 - - 5,750.00 0.00% TOTAL Miscellaneous 585,400.00;! 184,046.02 1`16,649:24 184,046.05 (23.50) 401,377.45 31.44% TOTAL REVENUES 31,354,058.43 10,901,019.55 10,697,618.49 10,901,169.58 176.50 20;452,712;35 34.77% 20 of 64 GENERALFUND CASH IN BANK AND INVESTMENTS AS OF: December 31, 2017 Cash in Bank Claim on Operating Cash Pool- Checking $ 4,337,121.45 Cash in Investments LOGIC Investment - General Fund 7,761,369.82 LOGIC Investment -Equip Replacement 75,095.67 LOGIC Investment -Veh Replacement 506,352.97 LOGIC Investment -Air Condi Replacment 275,561.29 CAPITAL ONE Investment - General Fund 1,364,725.63 Total Cash in Bank & Investments $14,466,808.67 21 of 64 2017 -18 OCT 100,310 NOV 505,909 DEC 5,577,660 JAN FEB MAR APR MAY JUN JUL AUG SEP 2016 -17 2015 -16 419,931 360,300 328,521 303,202 5,447,189 4,754,503 2,515,077 3,709,486 2,106,927 888,174 120,850 211,253 42,362 50,559 34,666 54,867 58,291 27,116 24,344 21,347 16,511 10,866 13,700 8,696 2014 -15 357,436 356,940 4,463,962 2,741,991 1,198,153 85,775 44,720 25,398 30,488 49,777 14,839 3,787 2013 -14 363,589 538,568 3,641,091 2,726,044 585,058 72,116 16,554 48,791 18,572 20,939 10,460 7,446 22 of 64 Sales Tax - General Fund $900,000 - ....... $800,000 - - -- .6-0 6 - - - - - - - - - 12.2 %bx $700,000sJ $600,000` �4r 4 $500,000 $400,000 - - - - - - - -- - - - -- - $300,000 - - - - - - - - - - - -- - -- - -- - -- $200,000 -- -- - - -- - - - - - - - - - $100,000 - - - - - - - - - -- -- - - - -- $ OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP 2017 -18 644,584 686,048 615,170 - ------- - - - - - - -2016 -17 _ - - 574,470 - - 758,598 - -- - 580,171 - 560,431 747,281 486,739 - - - - -- 432,444 - - - - -- 669,542 - - - - -- 553,540 - - -- 566,565 -- - - - - -- 696,536 -- - - - - -- 573,973 2015 -16 479,069 744,668 529,686 493,136 783,019 530,498 531,707 615,841 568,508 523,141 691,061 678,167 2014 -15 495,499 638,904 505,026 421,339 795,382 450,965 494_,_050_________723,404_ 465,966 496,241 759,879 508,305 amomm 2013 -14 481,247 657,271 554,578 416,261 728,443 487,933 541,476 781,057 692,446 448,577 680,332 547,431 23 of 64 9 CITY PUBLIC SERVICE I? OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP 2017 -18 271,335 - - -- - -- - - -- — -j - - - -- - -- - - - - - -o 2016-17 201617 252,947 191,140 213,951 259,517 2015 -16 237,314 183,530 173,336 178,081 2014-15 215,257 172,814 172,628 227,438 24 of 64 CITY O F S C H E R TZ REVENUE AND EXPENSE REPORT (UNAUD|TED) AS OF: December 31st, 2017 2017'301O 106-SPECIAL EVENTS FUND CURRENT CURRENT PRIOR CURRENT Yq-D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y�-DACTUAL Yq-DACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Fund Transfers 73.000.00 - - - - 73.800.00 0.00% Miscellaneous 96,400.00 21,277.05 27,386.10 21,277.05 75,122.95 22.07% TOTALREVENUES 170,200.00 21,277,05 27,386.10 21,277.05 148,922.95 12.50% CULTURAL FoaUve| of Angels 13.000.00 6.981.23 10.327.90 6.881.23 0.018.77 53.70% Employee Appreciation Event 13.000.00 8.333.70 7.739.80 8,333.76 178.00 4.488.24 05.48% 4th uf July Jubilee 20.000.00 20.000.00 0.00% National Night Out 400.00 - - - - 400.00 0.00% VVi|onobik Walk for Life 20.000.00 109.08 19.830.32 0.85% SohohzFost 30.000.00 585.00 - 585.00 240.00 29.175.00 275% SohoUzSwmotheart 31.250.00 19726 30.00 18726 28.40 31.024.34 072% Hal Baldwin Scholarship 15.050.00 7.852.61 8.047.17 7.852.61 585.00 0.512.39 56J3% Other Events _21,500l00 4763.41 001701 476341 585.00 16,151.59 24.88% TOTAL CULTURA 170,200.00 28,813.27 33,161.88 28,813.27 1,786.08 139,600.65 17.98% TOTAL EXPENDITURES 170,200.00 28,813.27 33,161.88 28,813.27 1,786.08 139,600.65 17.98% 25 of 64 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: December 31st, 2017 ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 106 - SPECIAL EVENTS FUND CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 25% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Fund Transfers 000 - 486100 Transfer In 9,000.00 - - - - 9,000.00 0.00% 000 - 486101 Transfer In - General Fund 64,800.00 - - - - 64,800.00 0.00% TOTAL Fund Transfers 73,800.00 - - - - 73,800.00 0.00% Miscellaneous 000 - 491200 Investment Income 150.00 57.05 36.10 57.05 - 92.95 38.03% 000 - 492200 Wilenchik Walk for Life 20,000.00 - - - - 20,000.00 0.00% 000 - 493256 Donations - Police Events 3,000.00 - - - - 3,000.00 0.00% 000 - 493000 July 4th Activities 26,000.00 - - - - 26,000.00 0.00% 000 - 493150 SchertzQ 30,000.00 200.00 - 200.00 - 29,800.00 0.67% 000 - 493455 Proceeds - Festival of Angels 700.00 1,215.00 585.00 1,215.00 - (515.00) 173.57% 000 - 493460 Schertz Sweetheart 1,500.00 - - - - 1,500.00 0.00% 000 - 493621 Hal Baldwin Scholarship 15,050.00 19,805.00 25,765.00 19,805.00 - (4,755.00) 131.59% 000 - 497000 Misc Income - - 1,000.00 - - - 0.00% TOTAL Miscellaneous 96,400.00 21,277.05 27,386.10 21,277.05 75,122.95 22.07 %! TOTAL REVENUES 170,200.00 21,277.05 27,386.10 21,277.05 - 148,922 95 12.50 %' 26 of 64 SPECIAL EVENTS FUND CASH IN BANK AND INVESTMENTS AS OF: December 31st, 2017 Cash in Bank Claim on Operating Cash Pool- Checking $ 59,866.50 Cash in Investments Texas Class- Special Events 17,123.39 Total Cash in Bank & Investments $ 76,989.89 27 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31st, 2017 ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 ******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 110 -PEG FUND CURRENT CURRENT PRIOR CURRENT Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Franchises 93,300.00 21,430.96 22,933.36 21,430.96 - 71,869.04 22.97% Fund Transfers 106,700.00 - - - - 106,700.00 0.00% TOTAL REVENUES 200,000.00 21,430.96 22,933.36 -' 21,430:96 - 178,569.04 10.72 %'i EXPENDITURE SUMMARY Ce3k1:1Y_�SeZi .ITT Non Departmental 200,000.00 - - - - 200,000.00 0.00% TOTAL GENERAL GOVERNMENT 200,000.00 - - - - 200,000.00 0.00% MISC & PROJECTS Projects - - 449.00 - - - 0.00% TOTAL MISC & PROJECTS - - 449.00 - - - 0.00 %`s TOTAL EXPENDITURES 200,000.00 - 449.00 - - 200,000.00 0.00% REVENUE OVER(UNDER) EXPEND - 21,430.96 22,484.36' 21,430.96 28 of 64 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: December 31st, 2017 k****************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 110 -PEG FUND CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 25% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Franchises 000 - 421350 Time Warner - PEG Fee 55,000.00 14,010.64 13,060.68 14,010.64 - 40,989.36 25.47% 000 - 421465 AT &T PEG Fee 38,300.00 7,420.32 9,872.68 7,420.32 - 30,879.68 19.37% TOTAL Franchises 93,300.00 21,430.96 22,933.36 21,430.96 - 71,869.04 22.97% Fund Transfers 000 - 481000 Transfer In - Reserves 106,700.00 - - - - 106,700.00 0.00% TOTAL Fund Transfers 106,700.00 - - - - 106,700.00 OM %` TOTAL REVENUES 200,000.00 21,430.96 22,933.36 21,430.96 - 178,569.04 10.72% 29 of 64 PEG FUND CASH IN BANK AND INVESTMENTS AS OF: December 31st, 2017 Cash in Bank Cash Balance $ 638,506.06 Total Cash in Bank & Investments $ 638,506.06 30 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31 st, 2017 ************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7- 2 0 1 8 * * * * * * * * * * * * * * * * * * * * * * * * * ** 202 -WATER & SEWER CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Franchises 238,260.00 5,000.00 - 5,000 - 233,260.00 2.10% Permits - - 46,445.05 - - - 0.00% Fees 22,013,250.00 5,597,005.84 5,310,415.62 5,597,006 - 16,416,244.16 25.43% Fund Transfers 194,546.00 35,377.50 34,230.00 35,378 - 159,168.50 18.18% Miscellaneous 206,614.00 59,770.12 336,084.56 59,770 - 146,843.88 28.93% TOTAL REVENUES 22,652,670.00 5,697,153.46 ' 5,727,175.23 5,697,153.46 - 16,955;516.54 < 25.`15% *14 =041 k911111:1411.09MWLA WA BUSINESS OFFICE Personnel Services 486,338.00 121,145.01 129,263.72 121,145.01 - 365,192.99 24.91% Supplies 3,800.00 220.00 - 220.00 120.00 3,460.00 8.95% Human Services 400.00 - - - - 400.00 0.00% City Support Services 2,993.00 - - - - 2,993.00 0.00% Utility Services 900.00 156.43 93.41 156.43 82.15 661.42 26,51% Operations Support 150,000.00 17,497.89 21,344.63 17,497.89 4,956.35 127,545.76 14.97% Staff Support 6,250.00 261.45 704.52 261.45 147.30 5,841.25 6.54% Professional Services 120,000.00 46,127.21 23,995.63 46,127.21 520.00 73,352.79 38.87% Maintenance Services 8,040.00 1,260.00 2,760.00 1,260.00 4,300.00 2,480.00 69.15% Operating Equipment 3,607.00 509.95 - 509.95 - 3,097.05 14.14% TOTAL BUSINESS OFFICE 782,328.00 '' 187,1177.94 178,161.91 187,177.94 10,125.80 585,024.26 25.22 %: 31 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31 st, 2017 ************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7- 2 0 1 8 * * * * * * * * * * * * * * * * * * * * * * * * * ** 202 -WATER & SEWER CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET W & S ADMINISTRATION Personnel Services 1,392,934.00 331,003.65 240,438.60 331,003.65 - 1,061,930.35 23.76% Supplies 157,500.00 26,485.11 33,323.09 26,485.11 25,810.14 105,204.75 3120% Human Services 600.00 - 266.00 - - 600.00 0.00% City Support Services 229,000.00 44,440.98 42,702.31 44,440.98 - 184,559.02 19.41% Utility Services 3,522,329.00 50,195.40 675,320.96 50,195.40 460.11 3,471,673.49 1.44% Operations Support 11,600.00 1,329.27 1,317.02 1,329.47 - 10,270.53 11.46% Staff Support 25,750.00 1,744.67 2,396.13 1,744.67 233.48 23,771.85 7.68% City Assistance 1,500.00 - 102.00 - - 1,500.00 0.00% Professional Services 283,000.00 44,691.73 22,296.50 44,691.73 2,335.40 235,972.87 16.62% Fund Charges /Transfers 5,092,110.00 468,507.36 1,651,288.33 468,507.36 - 4,623,602.64 9.20% Maintenance Services 8,609,240.00 1,122,669.30 1,487,874.07 1,122,669.30 415,688.92 7,070,881.78 17.87% Other Costs 37,500.00 36,605.45 36,605.45 36,605.45 - 894.55 97.61% Debt Service 1,626,779.00 - - - - 1,626,779.00 0.00% Rental- Leasing 124,500.00 512.61 497.68 512.61 - 123,987.39 0.41% Operating Equipment 9,000.00 - - - - 9,000.00 0.00% Capital Outlay 387,000.00 - - - - 387,000.00 0.00% TOTAL PUBLIC WORKS 21,510,342.00 ? 2,128,185.53 4,194,428.14 2,1128,185.73 444,528.05 18,937;628.22 11;96 %0 8I6Y01? 1=00111xia PROJECTS Operations Support 965.00 - 964.26 - 0.74 99.92% Professional Services 53,802.00 - - 8,457.50 45,344.50 15.72% Maintenance Services 431,537.00 - - - - 431,537.00 0.00% TOTAL PROJECTS 486,304.00 - - 964.26 8,457.50 476,882.24 1.94% SEWER PROJECT Professional Services 360,000.00 - - - - 360,000.00 0.00% TOTAL SEWER PROJECTS 360,000.00 - - - - 360,000.00 0.00% TOTAL MISC & PROJECTS 846,304.00 - 964 8;458 836,882 1.11% TOTAL EXPENDITURES 23,138,974.00 2,315,363.47 4,372,590.05 2,316,327.93 463,111.35 20,359;534.72 12.01 % % " REVENUE OVER(UNDER)EXPENSES ** (486,304.00) 3,381,789.99 1,354,585.18 3,380,825.53 (463,111.35) (3,404,018.18); 32 of 64 202 -WATER & SEWER REVENUES CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: December 31 st, 2017 ************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7- 2 0 1 8*********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Franchises 000 - 421490 Tower Leasing 238,260.00 5,000.00 - 5,000.00 - 233,260.00 2.10% TOTAL Franchises 238,260.00 5,000.00 - 5,000.00 - 233,260.00 2.10 %` Permits 000 - 432400 Development Permit - - 46,445.05 - - - 0.00% TOTAL Permits - - 46,445.05 - - - 0.00% Fees 000 - 455200 Garbage Collection Fee 4,850,000.00 1,164,746.45 1,159,205.90 1,164,746.45 - 3,685,25155 24.02% 000 - 455600 Fire Line Fees 31,000.00 3,855.00 3,620.00 3,855.00 - 27,145.00 12.44% 000 - 455700 Recycle Fee Revenue 309,750.00 75,130.79 73,122.66 75,130.79 - 234,619.21 24.26% 000 - 455800 W &S Line Constructn Reimbursemnt 20,000.00 9,151.00 7,140.90 9,151.00 - 10,849.00 45.76% 000 - 457100 Sale of Water 9,825,000.00 2,533,675.59 2,307,317.11 2,533,675.59 - 7,291,324.41 25.79% 000 - 457110 Edwards Water Lease 125,000.00 1.00 97,360.00 1.00 - 124,999.00 0.00% 000 - 457120 Water Transfer Charge -Selma 50,000.00 - - - - 50,000.00 0.00% 000 - 457200 Sale of Meters 80,000.00 38,673.33 18,998.00 38,673.33 - 41,326.67 48.34% 000 - 457400 Sewer Charges 6,500,000.00 1,694,973.96 1,580,935.20 1,694,973.96 - 4,805,026.04 26.08% 000 - 457500 Water Penalties 220,000.00 76,023.72 61,965.85 76,023.72 - 143,976.28 34.56% 000 - 459200 NSF Check Fee -Water &Sewer 2,500.00 775.00 750.00 775.00 - 1,725.00 31.00% TOTAL Fees 22,013,250.00 5,597,005.84 5,310,415.62 5,597,005.84 - 16,416,244.16 25.43 %` Fund Transfers 000 - 481000 Transfer In- Reserve 53,036.00 - - - - 53,036.00 0.00% 000 - 486204 Interfnd Chrg- Drainage Bill 141,510.00 35,377.50 34,230.00 35,377.50 - 106,132.50 25.00% TOTAL Fund Transfers 194,546.00 35,377.50 34,230.00 35,377.50 - 159,168.50 18.18% 33 of 64 CITY O F S C H E R T Z REVENUE REPORT (UNAUD|TED) AS OF: December 31st.2O17 2V17'2V18 202-WATER & SEWER CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 25% OF REVENUES BUDGET QUARTER Y'T'DACTUAL ACTUAL ENCUM8R BALANCE BUDGET Miscellaneous 000-490000 K4isuChargon 500.00 2.622.00 279.67671 2.022.00 - (2.122.00) 52440% 000-491808 Interest Earned 1.500.00 6.21011 382.82 0.21011 ' (4.71811) 414.01Y6 000-491200 Investment Income 60,000.00 21,586.05 772702 21,586.05 ' 38/413.95 35.98% 000'497808 K8km|noomo-W&S 15.000.00 1.054.21 10.754.05 1.05421 ' 13.34579 11.03% 000488110 Reimbursement-SSLGC 129,614.00 27,697.75 31,543.96 27,697.75 �_ __-101,916.25 21,37% TOTAL Miscellaneous 206,614,00 59,770.12 336,084.56 59,770A2 146,843.88 28.93% TOTALREVENUES 22,652,670.00 5,697,15146 5,727,17523 5,697,153.46 16,955,516.54 25.15% 34 of 64 WATER & SEWER CASH IN BANK AND INVESTMENTS AS OF: December 31st, 2017 Cash in Bank Claim on Operating Cash Pool- Checking $ 1,447,781.33 Cash in Investments Lone Star Investment -Water &Sewer 5,689,312.62 Lone Star Investment -W &S Customer Deposits 301,028.92 Lone Star Investment -W &S Equip Replacement 180,992.74 Lone Star Investment -W &S Veh Replacement 261,460.46 Schertz Bank & Trust - Certificate of Deposit 1,085,258.16 $ 7,518,052.90 Total Cash in Bank & Investments $ 8,965,834.23 35 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUD|TED) AS OF: December 31st, 2017 201r-2018 203-EMS CURRENT CURRENT PRIOR YEAR Y�-D YT-D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y-T-D ACTUAL ACTUAL ENCUMBIR BALANCE BUDGET REVENUE SUMMARY Fees 6,122.000.00 1.571.30026 1.532.127.12 1.*71,300.20 - 4.550,699.74 25.67% Inter-Jurisdictional 2.780.862.72 e88751.13 5670488e e88.751.13 - 1.792.111.5e 35.56% Fund Transfers - - - - - - 0.00% Miscellaneous 117,850.00 104,720.50 16,282.13 104,720.50 13,129.50 88.86% TOTALREVENUES 9,020,712.72 2,664,771,89 2,115,458.24 2,664,771.89 6,355,940.83 29.54% EXPENDITURE SUMMARY PUBLIC SAFETY SCHEBTZ EMS Personnel Services 4.244.739.00 1.106\68084 983219.88 1.100.880.84 3.138.058.10 20�07% Supplies 410,850.00 102,23354 132,2*1.57 102.233.54 28.571.87 280.044.58 31.84% Human Services 238.00 0.00% City Support Services 104,100.00 24�13.10 25,953J5 24,613.10 15,000.00 04,486.80 38.05% Utility Services 118.000.00 19,20889 18.518.75 18.209.33 1.159.75 97.570.91 17.31Yt Operations Support 74.020.00 13,851.0 14.886.28 13.851.0 1.631.50 59.136.67 0.75% Staff Support 70.750.08 6,92754 8.054.33 0.927.54 5.717/3 58.105.03 17.87% City Assistance 508.900.81 137,310.70 138,08770 137.310,70 200.00 431.35011 2417% Professional Services 108.200.00 21.04701 37.003.84 21.047.01 12.989.99 134.152.40 20.24% Fund 2.050.827.00 1.144.070.34 81.70121 1.144.070.34 1.512.150.60 43.88% Maintenance Services 12,000.00 800.00 12,000.00 0.00% Debt Service 288120.00 288120.00 8.00% Rental-Leasing 141,000.00 17,385.21 17,964J2 17,38521 118,74911 4,805.68 96.55% Operating Equipment 118.100.00 1.013.51 3.508.50 1.013.51 3.785.20 113.69129 4.54% Capital Outlay 30,000.00 - - - 606,395.76 (576,395.76) 2021.32% TOTAL PUBLIC SAFETY 9,007,172.81 2,595,608.91 1,464,297.79 2,595,609.55 794,22062 5,617,342.64 37.63% TOTAL EXPENDITURES 9,007,172.81 2,595,608.91 1,464,297.79 2,595,609.55 794,220.62 5,617,342.64 37.63% " REVENUE OVER(UNDER) EXPENSES " 13,539.91 69,16Z98 651,160.45 69,162.34 __g?4,2206J2 738,598.19 36 of 64 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: December 31 st, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 203 -EMS CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Fees 000 - 456100 Ambulance /Mileage Transport 5,866,200.00 1,476,924.18 1,445,693.87 1,476,924.18 - 4,389,275.82 25.18% 000 - 456110 Subscription Program Fees 30,000.00 17,345.00 17,030.00 17,345.00 - 12,655.00 57.82% 000 - 456120 EMT Class - Fees 96,000.00 17,240.00 9,800.00 17,240.00 - 78,760.00 17.96% 000 - 456122 CE Class - Fees 22,800.00 - - - - 22,800.00 0.00% 000 - 456130 Immunization Fees 7,000.00 1,220.00 1,108.00 1,220.00 - 5,780.00 17.43% 000 - 456140 Billing Fees - External 25,000.00 4,779.93 4,364.80 4,779.93 - 20,220.07 19.12% 000 - 456150 Standby Fees 25,000.00 25,050.15 19,835.45 25,050.15 - (50.15) 100.20% 000 - 456155 Community Services Support 50,000.00 27,156.00 34,295.00 27,156.00 - 22,844.00 54.31% 000 - 456160 MIH Services - 1,585.00 - 1,585.00 - (1,585.00) 0.00% TOTAL Fees 6,122,000.00 1,571,300.26 1,532,127.12 1,571,300.26 4,550,699.74 25.67 % >s Inter - Jurisdictional 000 - 473500 Seguin /Guadalupe Co Support 843,577.17 210,894.51 147,972.58 210,894.51 - 632,682.66 25.00% 000 - 474300 Cibolo Support 346,467.65 86,616.91 79,774.58 86,616.91 - 259,850.74 25.00% 000 - 475100 Comal Co ESD #6 112,536.60 27,316.41 24,062.50 27,316.41 - 85,220.19 24.27% 000 - 475200 Live Oak Support 213,151.95 53,287.99 51,739.13 53,287.99 - 159,863.96 25.00% 000 - 475300 Universal City Support 281,283.70 70,320.93 65,590.25 70,320.93 - 210,962.77 25.00% 000 - 475400 Selma Support 111,886.35 27,971.59 26,664.02 27,971.59 - 83,914.76 25.00% 000 - 475500 Schertz Support 556,325.00 139,081.25 126,020.97 139,081.25 - 417,243.75 25.00% 000 - 475600 Santa Clara Support 10,447.35 2,611.84 2,588.54 2,611.84 - 7,835.51 25.00% 000 - 475800 Marion Support 15,186.95 3,796.74 3,739.00 3,796.74 - 11,390.21 25.00% 000 - 475910 TASPP Program 290,000.00 366,852.96 38,897.42 366,852.96 - (76,852.96) 126.50% TOTAL Inter - Jurisdictional= 2,7$0,86212 988,751.13 567,048.99 988,751.13 - 1,792,112: 35:56% Miscellaneous 000 - 491000 Interest Earned 100.00 470.45 26.75 470.45 - (370.45) 470.45% 000 - 491200 Investment Income 750.00 2,136.38 190.53 2,136.38 - (1,386.38) 284.85% 000 - 493203 Donations -EMS 2,000.00 350.00 150.00 350.00 - 1,650.00 17.50% 000 - 493205 Donations- Golf Tournament 10,000.00 - - - - 10,000.00 0.00% 000 - 495100 UH Grant Program 40,000.00 - - - - 40,000.00 0.00% 000 - 497000 Misc Income 25,000.00 93,699.37 6,024.98 93,699.37 - (68,699.37) 374.80% 000 - 497100 Recovery of Bad Debt 40,000.00 8,064.30 9,889.87 8,064.30 - 31,935.70 20.16% TOTAL Miscellaneous 117,850.00` 104,720.50' 16,282.13 104,720:50 - 13;129.50 88.86% TOTAL REVENUES 9,020,712.72s 2,664,771.89`- 2,115,458.24 2,664,771.89 - 6,355,940.83 29.54% 37 of 64 SCHERTZ EMS CASH IN BANK AND INVESTMENTS AS OF: December 31st, 2017 Cash in Bank Claim on Operating Cash Pool-Checking $ (3,781.22) Cash in Investments Texas Class- Tax Note 2015 Ambulances 90,328.76 Total Cash in Bank & Investments 86,547.54 38 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31st, 2017 204 - DRAINAGE CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY 391,652.00 82,555.37 124,475.15 82,555.37 - 309,096.63 Permits 3,000.00 700.00 500.00 700 - 2,300.00 23.33% Fees 1,179,250.00 291,655.57 283,584.71 291,656 - 887,594.43 24.73% Fund Transfers 1,327,327.00 - - - - 1,327,327.00 0.00% Miscellaneous 254,350.00 170,233.63 3,010.59 170,234 - 84,116.37 66.93% TOTAL REVENUES 2,763,927 00 462,589.20 287,095.30 462,589.20 - ` 2,301,337.80 16.74 % all".] II *] "T7.1= DRAINAGE Personnel Services 391,652.00 82,555.37 124,475.15 82,555.37 - 309,096.63 21.08% Supplies 3,700.00 687.17 730.34 687.17 58.62 2,954.21 20.16% Human Services - - 4,576.16 3,437.69 - (3,437.69) 0.00% City Support Services 8,180.00 3,437.69 2,877.58 1,661.90 473.08 6,045.02 26.10% Utility Services 13,200.00 1,661.90 - - - 13,200.00 0.00% Operations Support 1,000.00 - 998.11 1,093.20 - (93.20) 109.32% Staff Support 6,700.00 1,093.20 - - - 6,700.00 0.00% City Assistance 400.00 - - - - 400.00 0.00% Professional Services 117,320.00 1,855.00 1,500.00 1,855.00 - 115,465.00 1.58% Fund Charges/Transfers 497,295.00 124,073.68 106,783.50 124,073.68 - 373,221.32 24.95% Maintenance Services 971,255.00 530.32 352.44 530.32 341.82 970,382.86 0.09% Other costs 200.00 - - - - 200.00 0.00% Debt Service 123,225.00 - - - 123,225.00 0.00% Rental /Leasing 2,000.00 - - - 2,000.00 0.00% Operating Equipment 7,000.00 - - - 7,000.00 0.00% Capital Outlay 136,800.00 - - - - 136,800.00 0.00% TOTAL DRAINAGE 2,279,927.00 215,894.33 242,293.28 215,894.33 873.52 2,063,159.15 9.51 %' PROJECTS Operations Support 650.00 469.00 - 469.00 - 181.00 72.15% Professional Services - 3,626.00 - 3,626.00 4,494.00 (8,120.00) 0.00% Maintenance Services 653,350.00 97,423.20 97,423.20 151,679.20 404,247.60 38.13% TOTAL PROJECTS 654,000.00 101,518.20 - 101,518`.20 156,173.20 396,308.60' 39.40% TOTAL EXPENDITURES 2,933,927.00 317,412.53 242,293.28 317,412.53 157,046.72 2,459,46715 16.17% " REVENUE OVER(UNDER) EXPEND (170,000.00) 145,176.67 145,176.67 39 of 64 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: December 31 st, 2017 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7- 2 0 1 8********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 204 - DRAINAGE CURRENT CURRENT PRIOR YEAR Y -T -D Y -T -D BUDGET 25% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL ACTUAL ENCUMBR BALANCE BUDGET Permits 000 - 432400 Floodplain Permit 3,000.00 700.00 500.00 700.00 - 2,300.00 23.33% TOTAL Permits 3,000.00 700.00 500.00 700.00 - 2,300.00- 23.33% Fees 000 - 457500 Drainage Penalties 10,000.00 3,694.57 2,413.14 3,694.57 - 6,305.43 36.95% 000 - 457600 Drainage Fee 1,169,250.00 287,961.00 281,171.57 287,961.00 - 881,289.00 24.63% TOTAL Fees 1,179,250.00 291,655,57 283,584.71 291,655.57 - 887594A3f 24.73 % "s Fund Transfers 000 - 481000 Transfer In 1,327,327.00 - - - - 1,327,327.00 0.00% TOTAL Funds Transfers 1,327,327.00 - - - - 1,327,327 0.00°%` Miscellaneous 000 - 491000 Interest Earned 150.00 441.17 27.12 441.17 - (291.17) 294.11% 000 - 491200 Investment Interest 12,000.00 5,547.96 2,983.47 5,547.96 - 6,452.04 46.23% 000 - 497000 Misc Income - Drainage 242,200.00 164,244.50 - 164,244.50 - 77,955.50 67.81% TOTAL Miscellaneous 254,350.00 170,233.63 - 3,010.59 170,233.63 - 84,116.37` 66.93% TOTAL REVENUES 2,763,927.00 462,589.20 287,095.30 462,589.20 - 2,301,337.80 16.74 %' 40 of 64 DRAINAGE CASH IN BANK AND INVESTMENTS AS OF: December 31st, 2017 Cash in Bank Claim on Operating Cash Pool-Checking 179,754.18 Cash in Investments Lone Star Investment-Drainage Maint Fund 992,211.19 Total Cash in Bank & Investments $ 1,171,965.37 41 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31st, 2017 k******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 314 -HOTEL TAX CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Taxes 550,000.00 109,873.72 100,361.36 109,873.72 - 440,126.28 19.98% Miscellaneous 13,650.00 4,928.73 2,272.49 4,928.73 - 8,721.27 36.11% TOTAL REVENUES 563,650.00 114,802.45 `: 102,633.85 114,802.45 - 448,847.55 20.37% EXPENDITURE SUMMARY NONDEPARTMENTAL City Support Services 110,000.00 44,342.31 19,469.40 44,342.31 - 65,657.69 40.31% Operations Support 68,425.00 3,486.00 18,895.64 3,486.00 - 64,939.00 5.09% Professional Services 3,000.00 - 3,000.00 - - 3,000.00 0.00% Fund Charges /Transfers 67,605.00 16,601.25 16,60125 16,601.25 - 51,003.75 24.56% Maintenance Services 10,000.00 - 561.94 - - 10,000.00 0.00% Capital Outlay 63,806.00 - - - - 63,806.00 0.00% TOTAL NONDEPARTMENTAL 322,836.00!+ 64,429.56 60,528.23 64,429.56 258,406.44 19.96% TOTAL EXPENDITURES 322,836.00: 64,429.56 60,528.23 64,429.56 - 258,406.44 19.96 %' REVENUE OVER(UNDER)'EXPENDITURE 240,814.00 42 of 64 50,372.89 HOTEL OCCUPANCY TAX FUND CASH IN BANK AND INVESTMENTS AS OF: December 31st, 2017 Cash in Bank Claim on Operating Cash Pool-Checking $ 171,018.84 Cash in Investments Texas Class - Hotel Tax 1,349,679.25 Total Cash in Bank & Investments $ 1,520,698.09 43 of 64 HOTEL OCCUPANCY TAX $80,000 $70,000 = - - - - - - - - - - - - -- - - $60,000 $50,000 $40,000 axaua $30,000 $20,000 = - - - - - --- - - - - -- - - - -- - - $10,000 $ OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP --------------------- 2017 -18 - - -- -- 37,415 - - - -- - - - - - -- 38,911 - - - - - -- - - - - - -- 30,706 --- - - - - -- --- - - - - -- --- - - - - - - -- - - - - -- - - - - - -- - - - - - -- -- - - - - -- - - -- - -- - - -_ - --------------- - - - - -- --- - - - - -- --- - - - - -- -- - - - - -- --- - - - - -- -- - - - - -- --- - - - - -- -- - - - - -- 2016 -17 33,917 33,203 30,940 32,131 33,710 51,467 47,698 43,479 55,151 57,536 46,685 33,548 - - - - -- -- -- 2015-16 - -- - - -- 40,800 - -- -- - - - - -- 40,351 38,394 - 34,516 _ - -_ - 39,732 -- - - - - -- - - - - -- - 54,142 - -_ - -- -_ 49,741 - 45,524 51,636 - 68,491 _ 48,302 __ -- 33,241 2014 -15 44,724 42,229 35,309 33,055 46,037 58,530 43,715 43,525 53,346 72,297 51,772 39,195 44 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31st, 2017 **************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 **************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 317 -PARK CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Fees 70,000.00 - 96,000.00 - - 70,000.00 0.00% Miscellaneous 60,000.00 1,259.70 706.96 1,259.70 - 58,740.30 2.10% TOTAL REVENUES 130,000.00 1,259.70 96,706.96 1,259.70 - 128,740.30 0.97 %1 EXPENDITURE SUMMARY PARKLAND DEDICATION Operating Equipment 10,000.00 - 4,005.00 - - 10,000.00 0.00% Capital Outlay 120,000.00 - - - 109,829.69 10,170.31 91.52% TOTAL PARKLAND DEDICATION 130,000.00 4,005.00 - 109,829.69 20,170.31 84.48% TOTAL EXPENDITURES 130,000.00 - 4,005.00 : - 109,829.69 20,170.31 84.48% REVENUE OVER(UNDER) EXPEND - 45 of 64 1,259.70 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: December 31st, 2017 **************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 **************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 317 -PARK CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 25% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBRANCE BALANCE BUDGET Fees 000 - 458800 Parkland Dedication 70,000.00 - 96,000.00 - - 70,000.00 0.00% TOTAL Fees 70,000`.00 - 96,000.00 - 70,000.00 0.00% Miscellaneous 000 - 491000 Interest Earned 100.00 156.22 7.87 156.22 - (56.22) 156.22% 000 - 491200 Investment Interest 3,000.00 1,103.48 699.09 1,103.48 - 1,896.52 36.78% 000 - 499100 Transfer From Parks Reserve 56,900.00 - - - - 56,900.00 0.00% TOTAL Miscellaneous 60,000.00 1,25970 706.96 1,25970 - 58,740.30 2.10 %' TOTAL REVENUES 130,000':00 1,259.70 96,706.96 1,259.70 - 128,740.30 0.97 %> 46 of 64 PARK FUND CASH IN BANK AND INVESTMENTS AS OF: December 31st, 2017 Cash in Bank Claim on Operating Cash Pool- Checking $37,603.67 Cash in Investments Texas Class- Park Fund 331,467.22 Total Cash in Bank & Investments $369,070.89 47 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31st, 2017 t******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 319 -TREE MITIGATION CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Tree Mitigation Fees 72,500.00 17,402.90 53,502.40 17,403 - 55,097.10 24.00% Fund Transfers 81,400.00 - - - - 81,400.00 0.00% Miscellaneous 3,100.00 1,119.25 68120 1,119 - 1,980.75 36.10% TOTAL REVENUES 157,000.00 18,522.15 54,185.60 18,522.15 - 138,477.85 11.80 %' EXPENDITURE SUMMARY TREE MITIGATION Maintenance Services -Trees 157,000.00 1,890.00 36,500.00 1,890.00 - 155,110.00 1.20% TOTAL TREE MITIGATION 157,000.00 1,890.00 36,500.00 1,890.00 155,110.00 1.20 %< TOTAL EXPENDITURES 157,000.00 1,890.00 36,500.00 - 1,890.00 - 155,110.00 1.20% REVENUE OVER(UNDER) EXPEND - 16,632.15 17,685.60 16,632.15 - (16,632.15) 48 of 64 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: December 31st, 2017 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 319 -TREE MITIGATION CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 25% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBRANCE BALANCE BUDGET Fees 000 - 458900 Tree Mitigation 72,500.00 17,402.90 53,502.40 17,402.90 - 55,097.10 24.00% TOTAL Fees 72,500.00 17,402.90 53,502.40 17,402.90 55,09710 24.00% Fund Transfers 000 - 481000 Transfer In -Reserves 81,400.00 - - - - 81,400.00 0.00% TOTAL Fund Transfers 81,400.00 - - - 81,400'.00 0.00 %` Miscellaneous 000 - 491000 Interest Earned 100.00 75.87 3.81 75.87 - 24.13 75.87% 000 - 491200 Investment Interest 3,000.00 1,043.38 679.39 1,043.38 - 1,956.62 34.78% TOTAL Miscellaneous- 3,100.00 1,119.25 683.20 1,119.25 - 1,980`.75 36.10 % '_ TOTAL REVENUES 157,000.00 18,522.15 54,185.60 18,522.15 - 138,477.85 11.80 %' 49 of 64 TREE MITIGATION FUND CASH IN BANK AND INVESTMENTS AS OF: December 31st, 2017 Cash in Bank Claim on Operating Cash Pool- Checking $35,103.43 Cash in Investments MBIA Investment -Tree Mitigation 313,441.19 Total Cash in Bank & Investments $348,544.62 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31st, 2017 *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 411 - CAPITAL RECOVERY WATER CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Fees 1,100,000.00 416,628.00 266,994.00 416,628.00 - 683,372.00 37.88% Miscellaneous 40,200.00 16,745.21 6,042.78 16,74521 - 23,454.79 41.65% TOTAL REVENUES 1,140,200.00 433,373.21 273,036.78 433,373`.21 - 706,826.79 38.01% EXPENDITURE SUMMARY GENERAL GOVERNMENT NONDEPARTMENTAL Professional Services 256,000.00 484.00 1,000.00 484.00 - 255,516.00 0.19% TOTAL NON DEPARTMENTAL 256,000.00 484.00 1,000.00 484:00 - 255,516.00 0.19 %` MISC & PROJECTS PROJECTS Fund Charges/Transfers 0.00% TOTAL MISC & PROJECTS - - - = - 0.00% TOTAL EXPENDITURES 256,000.00 484.00 1,000.00 484.00 - 255,516.00 0.19% REVENUE OVER(UNDER) EXPENDITURES 884,200.00 432,889.21 272,036.78 432,889.21 451,3110.79 51 of 64 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: December 31 st, 2017 ********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 ********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 411 - CAPITAL RECOVERY WATER CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 25% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Fees 000 - 455900 Capital Recovery- Water 1,100,000.00 416,628.00 266,994.00 416,628.00 - 683,372.00 37.88% TOTAL Fees 1,100,000.00 416,628.00 266,994.00 416,628.00 - 683,372.00 37.88% Miscellaneous 000 - 491000 Interest Earned 200.00 898.21 6531 898.21 - (698.21) 449.11% 000 - 491200 Investment Income 40,000.00 15,847.00 5,977.47 15,847.00 - 24,153.00 39.62% TOTAL Miscellaneous 40,200.00 16,745.21 6,042.78 16,745.21 - 23,454.79 41.65 %' TOTAL REVENUES 1,140,200.00 433,373.21 273,036.78 433,373.21 - 706,826.79 38.01 %` 52 of 64 CAPITAL RECOVERY WATER CASH IN BANK AND INVESTMENTS AS OF: December 31st, 2017 Cash in Bank Claim on Operating Cash Pool- Checking $ 451,259.47 Cash in Investments Lone Star Investment - Capital Recovery Water 4,826,992.15 Total Cash in Bank &!Investments $ 5,278,251.62 53 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31 st, 2017 ********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 ********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 421 - CAPITAL RECOVERY SEWER CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Fees 550,000.00 271,198.68 102,165.00 271,199 - 278,80132 49.31% Miscellaneous 40,150.00 9,993.13 (4,52929) 9,993 - 30,156.87 24.89% TOTAL REVENUES 590,150.00 281,191.81 97,635.71 281,191.81 - 308,958.19 47.65% EXPENDITURE SUMMARY GENERAL GOVERNMENT NONDEPARTMENTAL Professional Services 335,500.00 1,574.82 2,089.27 1,574.82 - 333,925.18 0.47% TOTAL NON DEPARTMENTAL 335,500.00 1,574.82 2,089.27 1,574.82 - 333,925.18 0.47 %' MISC & PROJECTS Professional Services 150,000.00 - - - - 150,000.00 0.00% TOTAL MISC & PROJECTS 150,000.00 - - - - 150,000.00 0.00 % ' TOTAL EXPENDITURES 485,500.00 1,574.82 2,089.27 1,574`.82 - 483,925.18 0.32 % REVENUE OVER(UNDER) EXPENDITURES 104,650.00 279,616.99 95,546.44 279,616.99 - 54 of 64 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: December 31 st, 2017 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 421 - CAPITAL RECOVERY SEWER CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 25% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Fees 000 - 455910 Capital Recovery -Waste Wtr 550,000.00 269,398.68 102,165.00 269,398.68 - 280,60132 48.98% 000 - 455913 Cap Recovery -North Sewer Tr - 1,800.00 - 1,800.00 - (1,800.00) 0.00% TOTAL Fees 550,000.00 271,198.68 102,165.00 271,198:68 278,801.32 49.31% Miscellaneous 000 - 491000 Interest Earned 150.00 706.20 26.88 706.20 - (556.20) 470.80% 000 - 491200 Investment Income 40,000.00 19,984.05 13,668.64 19,984.05 - 20,015.95 49.96% 000 - 491800 Gain /Loss - 411.62 (3,091.80) 411.62 - (411.62) 0.00% 000 - 491900 Unrealized Gain /Loss -Cap One - (11,108.74) (15,133.01) (11,108.74) - 11,108.74 0.00% TOTAL Miscellaneous 40,150.00 9,99313 (4,529.29) 9,993.13 - 30,156.87 24.89 %' TOTAL REVENUES 590,150.00 281,191.81 97,635.71 281,191.81 - 308,958.19 47.65 % r 55 of 64 CAPITAL RECOVERY SEWER CASH IN BANK AND INVESTMENTS AS OF: December 31st, 2017 Cash in Bank Claim on Operating Cash Pool- Checking $ 383,463.39 Cash in Investments Lone Star Investment - Capital Recovery Sewer 3,749,334.67 Capital One - Investment 1,750,361.36 Total Cash in Bank & Investments $ ;5,883,159.42`' 56 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31 st, 2017 *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 505 -TAX I &S CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 25% OF FINANCIAL SUMMARY BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Taxes 6,030,353.00 3,170,219.02 3,397,468.56 3,170,219.02 - 2,860,133.98 52.57% Fund Transfers 487,110.00 - - - - 487,110.00 0.00% Miscellaneous 477,069.00 5,222.40 3,288.26 5,222.40 - 471,846.60 1.09% TOTAL REVENUES 6,994,532.00 3,1!75,441.42 3,400,756.82 3,175,441.42 - 3,819,090.58 i! 45.40 %` EXPENDITURE SUMMARY GENERAL GOVERNMENT NONDEPARTMENTAL Professional Services 2,550.00 550.00 550.00 550.00 - 2,000.00 21.57% Debt Service 6,991,982.00 - - - - 6,991,982.00 0.00% Other Financing Sources - - - - - - 0.00% TOTAL GENERAL GOVERNMENT 6,994,532.00` 550.00 550.00 550.00 - 6,993,982.00 0.01% TOTAL EXPENDITURES ' 6,994,532.00' 550.00 550.00 550.00 - 6,993,982.00 0.01% " REVENUE OVER(UNDER) EXPEND 57 of 64 3,174,891.42 CITY OF SCHERTZ REVENUE REPORT (UNAUDITED) AS OF: December 31st, 2017 *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 505 -TAX I & S CURRENT CURRENT PRIOR YEAR CURRRENT Y -T -D BUDGET 25% OF REVENUES BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Taxes 000 - 411900 Property Tax Revenue 6,030,353.00 3,170,219.02 3,397,468.56 3,170,219.02 - 2,860,133.98 52.57% TOTAL Taxes 6;030,35100 3,170,219.02 3,397,468.56 3,`170,219.02 2,860;133.98 52;57% 000- 486000 Transfer From Reserves 487,110.00 - - - - 487,110.00 0.00% TOTAL Fund Transfers 487,110.00 - - 487,110.00 0.00% Miscellaneous 000 - 491000 Interest Earned 300.00 576.67 61.77 576.67 - (276.67) 192.22% 000 - 491200 Investment Earnings 16,000.00 4,645.73 3,226.49 4,645.73 - 11,354.27 29.04% 000 - 495015 Contribution from SED 360,769.00 - - - - 360,769.00 0.00% 000 - 495020 Contribution from YMCA 100,000.00 - - - - 100,000.00 0.00% TOTAL Miscellaneous 477,069.00 5,222.40 3,288.26 5,222.40 - 471,846.60 109 %' TOTAL REVENUES 6,994,532.00 3,175,441.42 3,400,756.82 3;!175,441.42 - 3,819,090.58 45.40% 58 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31 st, 2017 505 -TAX I& S *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7 - 2 0 1 8 ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** GENERAL GOVERNMENT CURRENT CURRENT PRIOR YEAR CURRENT Y -T -D BUDGET 25% OF NON DEPARTMENTAL BUDGET QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BALANCE BUDGET Professional Services 101 - 541500 Paying Agent 2,550.00 550.00 550.00 550.00 - 2,000.00 21.57% TOTAL Professional Services 2,550.00 550.00 550.00 550.00 2,000.00 21.57 %' Debt Service 101 - 555612 Bond -GO Refunding 2010 - Principal 285,000.00 - - - - 285,000.00 0.00% 101 - 555612.1 Bond -GO Refunding 2010 Interest 38,475.00 - - - - 38,475.00 0.00% 101 - 555629 GO Bond 2007 - Principal 290,000.00 - - - - 290,000.00 0.00% 101 - 555629.1 GO Bond 2007 - Interest 136,345.00 - - - - 136,345.00 0.00% 101 - 555630 GO Bond SR2008 Principal 475,000.00 - - - - 475,000.00 0.00% 101 - 555630.1 GO Bond SR2008 Interest 259,055.00 - - - - 259,055.00 0.00% 101 - 555631 GO Bond SR2009 Principal 550,000.00 - - - - 550,000.00 0.00% 101 - 555631.1 BO Bond SR2009 Interest 249,138.00 - - - - 249,138.00 0.00% 101 - 555633 GO SR2011 Principal 240,000.00 - - - - 240,000.00 0.00% 101 - 555633.1 GO SR2011 Interest 327,038.00 - - - - 327,038.00 0.00% 101 - 555634 GO SR2011A Refund Principal 635,000.00 - - - - 635,000.00 0.00% 101 - 555634.1 GO SR2011A Refund Interest 87,783.00 - - - - 87,783.00 0.00% 101 - 555635 GO SR2012 Principal 335,000.00 - - - - 335,000.00 0.00% 101 - 555635.1 GO SR2012 Interest 168,095.00 - - - - 168,095.00 0.00% 101 - 555636 Tax Note - SR2013 - Principal 170,000.00 - - - - 170,000.00 0.00% 101 - 555636.1 Tax Note - SR2013 - Interest 1,445.00 - - - - 1,445.00 0.00% 101 - 555637 Tax Note - SR 2013A - Principal 165,000.00 - - - - 165,000.00 0.00% 101 - 555637.1 Tax Note - SR2013 - Interest 1,073.00 - - - - 1,073.00 0.00% 101 - 555638 Bond -GO 2014 Refund - Principal 100,000.00 - - - - 100,000.00 0.00% 101 - 555638.1 Bond -GO 2014 Refund - Interest 289,775.00 - - - - 289,775.00 0.00% 101 - 555639 Tax Note - SR2015 - Principal 35,000.00 - - - - 35,000.00 0.00% 101 - 555639.1 Tax Note - SR2015 - Interest 2,538.00 - - - - 2,538.00 0.00% 101 - 555640 Bond -Ref 2015 Bond- Principal 490,000.00 - - - - 490,000.00 0.00% 101 - 555640.1 Bond -GO Ref 2015- Interest 92,725.00 - - - - 92,725.00 0.00% 59 of 64 CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: December 31 st, 2017 505 -TAX I& S GENERAL GOVERNMENT NON DEPARTMENTAL *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CURRENT CURRENT PRIOR YEAR BUDGET QUARTER Y -T -D ACTUAL 2 0 1 7 - 2 0 1 8 CURRENT Y -T -D ACTUAL ********************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Y -T -D BUDGET 25% OF ENCUMBR BALANCE BUDGET 101 - 555641.1 Tax Note - SR2015A - Interest 11,550.00 - - - - 11,550.00 0.00% 101 - 555641 Tax Note - SR2015A - Principal 145,000.00 - - - - 145,000.00 0.00% 101 - 555641.1 Tax Note - SR2015A - Interest 11,550.00 - - - - 11,550.00 0.00% 101 - 555642 GO Bond SR2016 Principal 205,000.00 - - - - 205,000.00 0.00% 101 - 555642.1 GO Bond SR2016 Interest 167,607.00 - - - - 167,607.00 0.00% 101 - 555643 CO Bond Tax SR2016 Principal 55,000.00 - - - - 55,000.00 0.00% 101 - 555643.1 CO Bond Tax SR2016 Interest 47,238.00 - - - - 47,238.00 0.00% 101 - 555644 CO Bond nonTax SR2016 Principal 165,000.00 - - - - 165,000.00 0.00% 101 - 555644 CO Bond nonTax SR2016 Interest 69,469.00 - - - - 69,469.00 0.00% 101 - 555645 CO Bond SR2017 Principal 245,000.00 - - - - 245,000.00 0.00% 101 - 555645.1 CO Bond SR2017 Interest 178,689.00 - - - - 178,689.00 0.00% 101 - 555646 Bond -GO SR2017 Principal 135,000.00 - - - - 135,000.00 0.00% 101 - 55646.1 Bond - GO SR2017 Interest 143,944.00 - - - - 143,944.00 0.00% TOTAL Debt Service 6,991,982.00 - - 6,991,982.00 0.00% TOTAL EXPENDITURES 6,994,532.00 550.00 550.00 550.00 - 6,993,982.00 0.01% 60 of 64 TAX I&S CASH IN BANK AND INVESTMENTS AS OF: December 31st, 2017 Cash in Bank Claim on Operating Cash Pool-Checking $ 3,229,393.88 IVIBIA Investment -Tax I&S 1,395,579.67 Total Cash in Bank & Investments $ 4,624,973.55 61 of 64 620 -SED CORPORATION FINANCIAL SUMMARY CITY OF SCHERTZ REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: September 30th, 2017 ********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 2 0 1 7- 2 0 1 8********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CURRENT BUDGET CURRENT PRIOR YEAR CURRENT Y -T -D QUARTER Y -T -D ACTUAL Y -T -D ACTUAL ENCUMBR BUDGET 100% OF BALANCE BUDGET REVENUE SUMMARY Taxes 3,962,572.00 999,460.90 949,418.01 999,460.90 - 2,963,111.10 25.22% Miscellaneous 120,301.00 45,613.11 23,270.42 45,613.11 - 74,687.89 37.92% TOTAL REVENUES 4,082,873.00 1,045,074.01 972,688.43 1,045,074:01 3,037,798.99 25.60 %' EXPENDITURE SUMMARY ECONOMIC DEVELOPMENT Supplies 750.00 117.82 186.69 117.82 - 632.18 15.71 % Human Services 500.00 - 345.20 - - 500.00 0.00% City Support Services 37,700.00 1,830.67 2,151.99 1,830.67 128.00 35,741.33 5.20% Utility Services 3,870.00 464.81 595.32 464.81 98.76 3,306.43 14.56% Operations Support 172,000.00 19,689.60 13,474.20 19,689.60 - 152,310.40 11.45% Staff Support 21,900.00 2,211.57 4,188.88 2,211.57 119.75 19,568.68 10.65% City Assistance 817,500.00 200,000.00 47.50 200,000.00 - 617,500.00 24.46% Professional Services 82,500.00 117.00 4,104.00 117.00 - 82,383.00 0.14% Fund Charges/Transfers 1,067,945.00 221,088.00 107,764.69 221,088.00 - 846,857.00 20.70% Maintenance Services 1,000.00 140.00 - 140.00 - 860.00 14.00% Operating Equipment 4,200.00 576.02 - 576.02 - 3,623.98 13.71% TOTAL ECONO DEVELOPMENT 2,209,865.00 446,285.49 132,858.47 446,235.49 346.51 1,763,283.00 20.21% TOTAL EXPENDITURES 2,209,865.00 446,235.49 132,858.47 446,235.49 346.51 1,763,283.00 20.21 %> ** REVENUE OVER(UNDER) EXPEND ` 1,873,008.00 598,838.52 839,829.96 598,838.52 (346:51) 1,274,515.99 62 of 64 SED CORPORATION CASH IN BANK AND INVESTMENTS AS OF: September 30th, 2017 Cash in Bank Claim on Operating Cash Pool- Checking $ 423,261.03 Cash in Investments Texas Class Investment- Economic Development Corl 12,478,616.00 Schertz Bank & Trust - Certificate of Deposit 1,063,386.74 Total Cash in Bank & Investments $ 13,965,263.77 63 of 64 4B SALES TAX By Collection Month $450,000 $400,000 12% $350,000 - - - - - - - c° to �Fo;:� $300,000 - - - - - - - - - - - - - $250,000 $200,000 - - - - - - - - - - - - - - $150,000 $100,000 $50,000 - - - - - ---- - - ----------- - - - - - - - - - - $ FEB OCT NOV DEC JAN MAR APR MAY JUN JUL AUG SEP x 2017 -18 322,292 343,024 307,585 2016 -17 287,235 379,299 290,086 280,216 373,641 243,369 216,222 334,771 276,770 283,282 348,268 286,986 2015 -16 239,534 372,334 264,843 246,568 391,510 265,249 265,854 307,920 284,254 261,570 2014 -15 247,750 319,452 252,513 210,669 397,691 225,482 247,025 361,702 232,983 248,121 379,939 254,153 64 of 64 CITY COUNCIL MEMORANDUM City Council Meeting: February 27, 2018 Department: Subject: City Secretary Minutes Agenda No. 1 The City Council held a Regular meeting on February 1.3, 2018 . and a Special Town Hall meeting on February 20, 2018. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of February 13, 2018 and the minutes of the Special Town Hall meeting of February 20, 2018. ATTACHMENTS Regular Meeting of February 13, 2018 minutes Special Town Hall Meeting of February 20, 2018 minutes MINUTES REGULAR MEETING February 13, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 13, 2018, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1.400 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 Dudley Wait City Attorney Dan Santee Mayor Pro -Tem David S Councilmember Ralph Ca Councilmember Cedric I Councilmember Bert Crc, Acting City Manager Brian Ja Assistant to the City Manager City Secretary Brenda Dennis Call to Order — City Council Regular Session Mayor Carpenter called the regular Opening Prayer and Pledtes of Texas. (Councilmember Davis) Presentation • Proclamatio order at 6:01 p of the United States and State of izing Pr ident George Washington. Day. (M. Carpenter /T. Jones) read the proclamaticb ant presented it to Mr. Tom Jones, a representative merican Revolution (SAR) Chapter. He thanked the City of Schertz for ae:Washintcin's birthday. gnized Boy Scout Landon Bacak with Troop 477 who was in the audience stood to be recognized. upcoming City Events (B. James /D. Wait /S. Gonzalez) Mayor Carpenter recognized Executive Director Dudley Wait who provided the following announcements: Monday, February 19th City Offices Closed in Observance of President's Day Tuesday, February 20' 02 -13 -201.8 Minutes Page -1- State of the Cities Chamber Luncheon 11:30 am Schertz Civic Center Tuesday, February 20th Council on the Go 6:30 pm Ray Corbett Jr. High School 12000 Ray Corbett Drive Agenda topics of discussion: FM 1518 update Fire Station # 3 status FY 2017 -18 Budget updates Question /comment session Friday- Saturday, February 23rd -24th Fill a bag with books for $4.00 per bag Saturday, February 24' 7:00 am - 8:45 am registration /packet pick up 9:00 am line up for 5K & Opening Ceremony Kids Freedom Fun Run is free for ages 2 -10 $30 Online registration by February 23rd, After Race party with live music, vendors, food, drinks, silent auction & kid friendly activities Contact Operation Comfort 210 - 826 -0500 Tuesd City , March 3 10th Annual SK 8:00 am check 9:00 am 5K sta Register online VISITSCHERI 210 -61.9 -1635 Walk, Samuel Clemens Parking Lot, 1001 Elbel Road ACTIVE.COM .COM Nature Discovery Series 10:00 am Discover What's Flying Crescent Bend Nature Park Pre - registration is required. X 1850 02 -13 -201.8 Minutes Page - 2 - • Announcements and recognitions by the Acting City Manager (B. James) Mayor Carpenter recognized Acting City Manager Brian James who recognized a few staff members. Two staffers received their 10 -year service pins today: Ms. Nancy Tumlinson and Mr. Jerry McFarland. Last week the city had some problems with their Wi -Fi. IT personnel upgraded the access points which should now give staffers faster service by about 50 %. Kudos also go to the Public Affairs team. They have `Schertz Short' for staffers to receive current inforn communication. • Announcements and recognitions by the Mayor Mayor Carpenter stated he had no Hearing of Residents Mayor Carpenter recognized the fo • Mr. Bill Schwind, 2283 Kensington W involvement in a county wide race for th( three reasons: 1) he is qualified, 2) the cu he believes it is time for et of fresh eye cusp of a surge (l opulation' ' business acti the table for those future developments. treated a newsletter called and improve our internal [.Carpenter) to make this evening. who New Braunfels, TX, who spoke about his ositidu bf County Treasurer. He is running for nt treasurer has been in office for 31 years and and 3) he,believes Guadalupe County is on the y, governmental necessity). He wants a seat at • Mr. Grumpy Azzoz,, 528 .yward Pass, who spoke about people taking `shots' at individual councilmenibers regarding their decision making and /or residents. This is not acceptable` behavior —it is radical. He also spoke of critical comments made by staff members of The Chamber and made reference to the contract the City continues to have with the Chamber — council votes on that. He suggested Schertz do like San Antonio and they have a Chamber, but it is separate from the City; there is no contract and no funding. This 'N a,good city and we need to move forward, and Council needs to unite. Lastly, he stated it is, Council's job to select a new city manager —they are the committee for that. We all need to move forward and build a good city. • Mr. Jeff Womak ,044 Mineral Springs, who spoke of Mr. Robin Thompson's request two weeks ago for a.full accounting of where the $235,625 was going to come from. He and others would also like to know. Our needs are many as our city grows. What is the impact of our decisions? He wants to know where this money is coming from. • Mr. Don Tam, Spurger, TX, who spoke of some statements made in the Express News and in the Herald Newspaper in relation to some statements made on social media. He wants to address those. He spoke of several things that occurred during his tenure as city manager here. They did a study at the request of Council to find out what folks wanted at that time (i.e., Library, Recreation Center, good infrastructure). They also did a `rate' study, which was conducted by Moody's in which the city received the highest bond rating 02 -13 -201.8 Minutes Page - 3 - in its history. He explained some of the financial decisions that were made and property acquisitions that occurred during this time. They never dropped below the minimum amount set by Council for the reserve fund. The largest growth that occurred in this city was from 2005 -2010 up until tonight. Council gets this credit; they are the elected officials and they are responsible. He has a lot of pride in Schertz and he had a great time when he was here. When Mr. Kessel took over, he took over one of the strongest financial cities in the entire metroplex. That is a fact. He can only speak from the time he was here. Mayor Carpenter moved to Item 13 of'the agenda. 13. Ordinance No. 17 -S -50 — Conduct a Public Hearing and consideration and /or action on an PH amendment to the Code of Ordinance and Unified development Code of the City of Schertz, establishing a Building and Standards Commission, providing a criminal Penalty, providing for publication, and providing an effective date. Final Reading (B. James/ L. Wood/ E. Grobe) The following was read into record: ORDINANCE NO.117 S TEXAS, AMENDING THE OF SCHERTZ, TEXAS; .NDARDS COMMISSION; ING FOR PUBLICATION; After having individual meetings with Councilmembers, the following suggestions were discussed: 1) Alter the number of members present in order to hear a case, and 2) Alter the qualifier that t tes-to be a Commission member you must be a resident of Schertz. Ms. Grobe provided., potential change suggestions for consideration. She also provided some background information on why they are trying to create this board, what type of cases would be heard and staff's goal in proposing this Commission be established. Mayor Carpenter proceeded to open the public hearing and the following individuals spoke: • Mr. Richard Dziewit, 2550 Chasefield Drive, who asked how would the creation of this Commission affect the code enforcement officer's responsibility and everyone in the Marshal's Department involved in that and the engineering staff we already have 02 -13 -201.8 Minutes Page - 4 - saying this is the way the item is supposed to be created. Wouldn't this be a duplication? If not, does this group actually go out and determine that something is not up to code? As there were no other speakers Mayor carpenter closed the public hearing. Ms. Grobe explained that this is like another chance for the resident to be heard on their case. She also addressed other questions and comments from Council. Mayor Carpenter recognized Councilmember Edwards who 'moved seconded by Councilmember Crawford to approve Ordinance No. 17 -$ -50 final reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilin' a nbers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. 14. Ordinance No. 18 -S -07- Conduct a Public Het �PH request to zone approximately 7 acres of Land to ...� located approximately 3,000 feet southeast of tt Somervell. First Reading (B. James /L. Wood /B. The following was read into t'1 consideration and/or action on a [roily Residential District -1 (R -1) lion of Homestead Parkway and AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 7 ACRES OF LAND TO SINGLE - FAMILY RESIDENTIAL DISTRICT -1 (R -1). Mayc Carpenter recognized Senior Planner Bryce Cox who stated this item has not been prIeviously zoned. This is th6,area in Homestead that was brought into the city by the boundary agreement' adjustment with the City of Cibolo brought before Council in November of 2017. The surrounding area is zoned Planned Development District. As it has to have zoning immediately, staff is recommending R -1. The developer has also expressed an interest in some possible revisions to his PDD and will be coming back in the future also picking : up that land as, they do a revision. It is approximately seven acres of property which is actually two separate tracts. The proposed zoning is compliant with the city's comprehensive land use plan. Mr. Cox showed Council a map and explained the area and its surroundings. The :Planning and Zoning Commission had a public hearing on January 10`h and provided a unanimous recommendation for approval. Staff also recommends approval. Mayor Carpenter proceeded to open the public hearing and as no one spoke, he closed the public hearing. There were no additional questions from Council. 02 -13 -2018 Minutes Page - 5 - Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Davis to approve Ordinance No. 18 -S -07 first reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. 15. Ordinance No. 18 -S -08 - Conduct a Public Hearing and consideration and /or action on an amendment of Part 111, Schertz Code of Ordinances, Unified Development Code (UDC), PH Article 9 Section 21.9.9 Tree Preservation and Mitigation. Fir , Reading (B. James /L. Wood /C. Cox) The following was read into record: ORDINANCE NO. THE CITY OF I SCHERTZ, OF ORDINANCES, THE E 9, SECTION 21.9.9 TREE G ALL ORDINANCES OR TTH THIS ORDINANCE; tOVIDING AN EFFECTIVE Mayor Carpenter recognized Senior Plainer' Bryce Co who stated this is a staff - initiated amendment to the, Unified Development Code. The last time this section was looked at was in 2010. So, in "order to gain, some flexibility and clarity in our codes, staff is looking for approval of the proposed changes. A change in references was made from Director of Parks, Recreation and Community Service to City Manager or his /her designee. Also, a change in the minimum replacement tree size from 3 inches to 2.5 inches was made in order to be consistent with UDC Sec. 21.9.7 Landscaping. They updated the Tree Preservation Credits to provide additional clarity on how tree credits are calculated and used. They also removed the section from `Criteria for Tree Removal Permit.' Lastly, they created the ability for an administrative waiver to mitigation fees for Heritage Class trees in specific circumstances. 02 -13 -201.8 Minutes Page - 6 - Mayor Carpenter opened the public hearing and the following individuals spoke: • Ms. Michelle Bamael, 6695 Tri County Parkway, who has owned a pet hospital since 2011. In planning for expansion of another clinic, she purchased some property off of IH 35 North. She had an engineer look at the property. She described some other issues they discovered with water flow, drainage, etc. The property also has some beautiful oak trees on it. Her only option was to remove the trees resulting in a $43,000 mitigation fee. She has contacted staff and there are no other options to offset this expense that the code allows for. Her message is that while she wants the spirit of the law to live, there needs to be a reasonable process for allowance for when it doesn't fit. This is real %life an "Oit affects people. • Mr. Michael Dahle, 9120 East FM 1518 North, who stated he has been on the Planning and Zoning Board (P &Z) for about 6 '%2 years now and there have been two things they have been reluctant to change: 1) the tree ordinance and 2) signs. With new members on board, they, are starting to see the benefits for being more flexible and creating opportunity for some of these, unique situations. There are some things that just make sense and that,ve, should be able to do. He thinks staff (Bryce Cox) has done a great job in the language of this proposal. The P &Z vote was 5 (for) to 1 (opposed: and he feels this is : strong message to Council to support this request. As there were no other speakers Mayor, carpen, ter, closed tie public hearing. Mr. Cox and Mr. James addressed several questions from Council. Mayor Carpenter' . recognized Councilmernber Davis who moved seconded by Councilmember Kisf to approve Ordinance No. 18 -5 -08 first reading. The vote was unanimous with Ma *©r Pro -Tern Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kisekl' and Crawford voting for and no one voting no. Motion Mayor Workshop • Update on e Wor*sh op portion of th e agen da. f Fire Station #3. (D. Wait/K. Long) Mayor Carpenter recognized Fire Chief Kade Long who stated he was here to provide some updated information regarding Fire Station #3. The city now owns the land which is located at FM 1518 and Lower Seguin Road. They are about 75% done on the design phase by the architects. However, the site plan has been revised several times due to the existence of some heritage trees on the property. Right now, the projected pricing and construction costs have been coming in higher than was anticipated which is why they have been a bit delayed at this point. There have been 02 -13 -2018 Minutes page - 7 - discussions with the city management team and BRW regarding additional compensation requested by BRW. There have been foundation changes, mechanical, etc. They have an agreement in place with them now and hope to finalize it by Friday, so they can get everything back on track. They are currently in the process of revising the design schedule, Chief Long updated Council on the staffing situation. In FY 15 -1.6, three firefighters were added; three more added in FY 16 -17 and for FY 17 -18, three firefighters were added in October of 2017. They anticipate bringing three more firefighters on board as of April 1, 2018. A promotional process will be completed in mid -March 3 Lieutenants, 3 FAO's (Fire Apparatus Operators). The HR Department staff members have'been a big help in the hiring processes to recruit the right people. Public Affairs, staff members have also assisted with various advertising methods. Engine #3 has also been completed and they alredy took a trip to Wisconsin and took a test drive. They are excited to be getting it back here as soon as possible and get it in service for our citizens. Chief Lone provided a map reflecting their response time data for Acting City Manager Brian James stated, t( to Council with an reemeht on this in a that thev do not like thi `t rovosal. this is one of the most important -an. We have the engine, we have out to get the new station. He has that area to cut the response times lac& on Trainer Hale Road where anal barns where they could house ,n in contact with our partners at ow wanting to get some direction more, staff is planning to come forward of weeks unless Council states tonight Mayor Carpenter, complimented staff on the presentation and work they are doing to plan ahead and look fair ,temporary opilons to cut response times until Station #3 is built. Coo cilmember Edwards thinks this plan is a smart use of our assets and he thanked Chief Long fr6r coming up with this alternative. He also suggested they begin thinking about a Station 4 due to the future development that is most likely headed that way. Councilmetttber Crawford also concurred with the idea of starting to plan for Station #4. Mayor Pro -Tens ,Scagliola agreed with getting the temporary Station #3 plans started. He also suggested they think about possibly partnering with the City of Cibolo with a Station #4 as their area is also quickly expanding. Mayor Carpenter moved to Item 8 on the agenda. 8. Resolution No. 18 -R -14 - Consideration and /or action approving a Resolution authorizing a Parkland Improvement Agreement with Triple H Development LLC, related to public parkland dedication and improvements for Hallies Cove Subdivision. (B. James /L. Wood/B. Cox) 02 -13 -201.8 Minutes Page - 8 - The following was read into record: RESOLUTION NO. 18 -R -14 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PARKLAND IMPROVEMENT AGREEMENT FOR RALLIES COVE SUBDIVISION UNITS 1, 2, 3, AND 4, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Senior Planner Bryce Cox who stated this item is a request by the developer of Hall ies Cove Subdivision to enter into,a parkland improvement agreement. He provided a map for Council showing them the area which is asin gle- family subdivision. It is broken up into five different units with two proposed park areas. One park is about 12 acres and the other park is about 24 acres. Mr. Cox provided improvement details such as sidewalks, trails, parking, etc. The agreement has been approved by our attorneys with no objections and city staff supports it as well. Mr,. Cox and ' Mr. James addressed comments and questions from Council. are doing 2018, theref©i murder, assay shown for the etc. as well percentage of the S robt recognized Police Chief Michael Hansen who provided - egarding'how Schertz compares to other cities, emerging trends, and ►put there. Statistics are taken from the FBI Uniform Crime Report fully. The 2017 comparison numbers will not be available until mid - ;hertz 2017 . numbers are approximated. The most serious crimes are wry, burglary, theft, and auto theft. Crimes per IK population were itonio metro area cities such as Selma, Kirby Live Oak, Windcrest, lalupe and Comal County. Statistics were also provided for the cleared. Focusing on trends they compared the last four months of 2017 . and how they compare with the previous three years. While there were a few increases, going by the totals shown, there was either a reduction or the same number compared to last year. Empirical data supports the fact that Schertz is overall a safe community. This is supported by the UCR Data, the community approval rating and the Safewise Report-50 Safest Cities. 02 -13 -2018 Minutes Page - 9 - The men /women of the Schertz Police Department take great pride in their work and are always looking for ways to improve. He hopes the favorable ratings will continue but it won't ever be good enough (for the victims) and staff members will continually look for ways to do even better. What they are currently doing is now is helping make our citizens more aware of things going one, informing residents at HOA meetings, and putting postings on Social Media and the City website. They are also looking to increase staff, do shift reassignments, and eventually, have some more unmarked vehicle patrols. Chief Hansen addressed comments and questions from the Chief and his staff for the statistics and for what th and public safety. Consent Agenda Items The Consent Agenda is considered self - explanatory motion. There will be no separate discussion of 1 Consent Agenda upon the request of the Mayor or a Councilmember Edwards requested Item pulled fNOm also pulled from consent. 1. Minutes — C meeting of F Mayor Carpentet Councilmember L Mavor Pro -Tem Councilmembers thanked ni2 to increase awareness ed by the Council with one they are removed from the discussion. Item 3 was 2. Ordinance No. 18 -M -06 — Consideration and/or action approving an Ordinance amending the City Council Code "of Ethics; Section 2 Confidentiality of Information Shared in closed session. Final Reading (Mayor /Council) The following Was read into record: ORDINANCE NO. 18 -M -06 AN ORDINANCE BY THE CITY OF SCHERTZ, TX AMENDING CITY COUNCIL CODE OF ETHICS; AMENDING SECTION 2 CONFIDENTIALITY OF INFORMATION SHARED IN EXECUTIVE SESSION, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 02 -13 -2018 Minutes Page - to - 3 Mayor Carpenter recognized Councilmember Edwards who stated the City of Cibolo recently had a meeting about their ethics policy and they were told not to release anything from closed sessions, ever. Is that still the case from our city attorney? In discussion with City Attorney Dan Santee, it is not based on the attorney firm, it is based on what each city adopts as their code of ethics or rules. Councilmember Edwards also asked if the documents he was furnished in regard to a recent open records request had been reviewed and a decision made as to what can be released or not. Mr. Santee stated that if there is no exception to claims they can be released; otherwise they will be forwarded to the Attorney General's office to render an official opinion. The following was read into 1'1 AN ORDINANCE BY THE CITY ;COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING .N ADJUSTMENT TO THE FISCAL YEAR 2017 -2018 BUDGET, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE,,' AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recogniz' O Finance Director James Walters who stated as they probably acv in the revised Council ordinance and the updated memo stating the reason for the chge, staff opened Bids and Were surprised that they came back a bit higher than they had thought, they would be. So, the budget adjustment had to change for the CCMA temporary sewer treatment plant oiilly. Given the fact that it had already been posted with the numbers we saw Iasi" week, if Council will accept the change and make a motion stating that the dollar amounts will have to change, we will then have that on record. Mr. Walters addressed questions from Council. Mayor Carpenter asked if the motion should include the dollar amounts. Mr. Walters replied that would be helpful. Mr. James added that the dollar amount is being changed to $359,700 for the CCMA sewer treatment plant. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Gutierrez to approve Ordinance 18 -T -05 final reading with a changed budget item amount of $359,700. The vote was unanimous with Mayor Pro -Tem 02 -13 -201.8 Minutes Page - 11 - F Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Minutes — Consideration and/or action regarding the approval of the minutes of the regular meeting of January 23, 2018. (B. James/B. Dennis) Mayor Carpenter stated he looked at both sets of minutes and he did not have any issues with the second version that Councilmember Crawford had requested. He stated Council needed to decide which version of the minutes they wanted to approve. Mayor Carpenter recognized Councilmember Councilmember Kiser to approve the revised (2"d moved seconded by January 23, 2018. . Councilmember Crawf6id stated he offers an apology to the City Secretary and to Council and in the future, he will pull the minutes from the consent agenda if they need to be restated to match the wards, that were stated on something important. Any one of them can do that. He has no problem with that concept at all. Mayor Carpenter called for the vote: The vote was 6 -1 -0 with Mayor Pro -Tem Scagliola, Councilmembers Davis, Larson, Edwards, Kiser and Crawford voting for and Councilmember Gutierrez voting no. Motion Passed. Mayor Carpenter recessed the meeting.for a five- minute break. Mayor Carpenter reconvened into regular session at 8:18 p.m. 02 -13 -2018 Minutes Page -12 - 5. Resolution No. 18 -R -09 — Consideration and /or action approving a Resolution authorizing a professional services agreement with Lockwood, Andrews and Newnam Inc., relating to engineering design services for the City -Wide Rip Rap /underground drainage projects. (D. Wait/D. Letbetter) The following was read into record: RESOLUTION NO. 18 -R -09 Mayor Carpenter recognized Public Works Meager Doug Letbetter who stated they are asking Council to authorize the City Manager to approve an agreement with Lockwood, Andrews and Newnam Inc. for the engineering and: design for two underground drainage projects and five concrete projects. The projects were ,pproved in the 2017 -18 budget and the cost for engineering and design =will be $127,645.50 with a contingency of $12,764.50 which adds up to a not to exceed amount of, $140,410. These areTrom restricted funds. The following Was read into record: RESOLUTION NO. 18 -R -12 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONSTRUCTION CONTRACT WITH J3 COMPANY, LLC FOR THE EAST DIETZ CREEK RIP RAP PROJECT. 02 -13 -2018 Minutes Page -13 - 7 a There were no comments or questions on this item from Council. Mayor Carpenter recognized Councilmember Larson who moved seconded by Councilmember Gutierrez to approve :Resolution No. 1.8- R -1.2. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Resolution No. 18 -R -13 — Consideration and /or action approving a Resolution authorizing expenditures over $50,000 with Hydro -Pro Solutions. (D. Wait /Jw Hooks) The following was read into record: RESOLUTION NO. 1 Mayor Carpenter recognized Mayor PrO -Tem Scagliola who moved seconded by Councilmember Davi 'to approve Resolution No. 18 -R -13. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford votin'a for and no one voting no. Motion Passed. Mayor Carpenter recognized Acting City Manager Brian James who stated just to clarify for,the audience and Council, this item is to provide funding to buy new water meters. They plan on having a discussion at the upcoming council retreat to get direction in regard tQ a significant overhaul and replacement of our current meters. Part of that is consideration for going to smart meters and having more information available for our residents. The following Was read into record: RESOLUTION NO. 18 -11-15 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING THE 2018 CITY OF SCHERTZ STRATEGIC PLAN, AND OTHER MATTERS IN CONNECTION THEREWITH 02 -13 -2018 Minutes Page -14 - 1.0. Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who stated this is to formally adopt the 2018 . City of Schertz Strategic Plan document. On January 1.9, 2018 at the retreat meeting, Council reviewed the current plan and proposed the following revisions: • Page 7, High Quality of Life, "Is" Column ■ 5th bullet point: Proposed change to "A Welcoming City" from "A Friendly City" • Page 8, Economic Prosperity, "Is" Column • Combine 3rd and 5th bullet points: stable and resilient commercial commercial base" • 5th bullet point: Remove • Page 8, Fiscally Sustainable, "Is" ■ 1st bullet point: Proposed • Page 8, Fiscally Sustaina ■ Add "A lack of fi The first change was an update to stated staff is now seeking their final with Mayor Pi Kiser and Cra to read "A diverse, diverse and resilient staff page. Ms. Gonzalez Edwards who moved seconded by No. 18- R -1.5. The vote was unanimous ors Davis, Gutierrez, Larson, Edwards, 12 no. Motion Passed. 1 and/or action approving an Ordinance amending of Conduct and Procedure. First Reading (M. ORDINANCE NO. 18 -M -09 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED THE CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Gutierrez to approve Ordinance No. 18 -M -09 first reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, 02 -13 -2018 Minutes Page -15 - Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. 11. Resolution No. 18-R-16 — Consideration and/or action approving a Resolution authorizing an additional $6,896.10 from the Police Department Federal Forfeiture Funds to complete the purchase and construction of an Emergency Response Vehicle and associated equipment. (D. Wait/M. Hanson/M. Bane) The following was read into record: RESOLUTION NO. 18-R-1 Mayor Carpenter recognized Assistant Police Chief Marc Bane who stated during the construction of the Emergency Operations Vehicle at' Shook ,,,Mobile Technologies of Schertz, additional safety and operational, equipment needs ,were identified, increasing the cost by $6,896.10 over the previously approyed,'1$1135,000.00. The new total cost of the Emergency Operations Vehicle is $141,896.1,0'. The following was read into record: RESOLUTION NO. 18-R-17 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH JACKSON A&E ASSOCIATES, INC., AND OTHER MATTERS IN CONNECTION THEREWITH 02-13-2018 Minutes Page -16 - 16 Mayor Carpenter recognized Executive Director Dudley Wait who stated Council approved a contract with this company back in November 2011 to act as the Owners Representative for the City regarding a number of city building /construction projects. As listed in the memorandum in your packets this includes the Soccer Complex, Aquatic Center, Animal Adoption Center, the Dog Park, recent Senior Center renovations, leak repairs outside of Fire Station No. 2, window wall repairs at the Recreation Center and a few other smaller projects. They are currently working on two projects with staff, Fire Station No. 3 and remodeling and renovations to the restrooms and locker rooms at the Y11CA. Staff is asking Council to extend the contract again to allow them to work on Fire Station No. 3 and the YMCA Recreation Center project and take both of those projects to completion. Staff also intends to develop an RFQ process and look at acquiring or's representative services from another firm as well. This w9 ldbe similar to the on -call engineer firms we call upon throughout the year. This would also lie on an as-needed basis. Staff would like to have Jackson A &E continue with Fire Station No. 3 rather than bring on a new firm for that project. Mr. Wait and Mr. James addressed questions from Council. The following was read into record: RESOLUTION NO. 1.8 -R -18 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING EMPLOYEE POLICIES RELATED TO EMPLOYEE CONDUCT AND DISCIPLINE IN THE WORKPLACE AND OTHER MATTERS IN CONNECTION THEREWITH 02 -13 -2018 Minutes Page -17 - Mayor Carpenter recognized Executive Director Dudley Wait who stated they have gone through the final drafting process and vetted it through the City Attorney's office. They are now back for final approval by Council. HR Director Jessica Kurz stepped forward and provided a Power Point presentation regarding Fraternization, Prohibition on Harassment, Prohibition on Sexual Harassment, and Reporting Harassment. She went over the purpose and key points of the policies. Finance Director James Walters came forward and provided and Social Media Policies and Public Affairs Director Linda and keys points of the Social Media Policy. Staff members addressed questions and policies presented. Mayor Carpenter recognized Councilm Councilmember Edwards to approve Resole with Mayor Pro -Tem Scagliola, Councilm Kiser and Crawford voting for and no one Roll Call Vote Confirmation City Secretary Brenda Dennis provided the Reauests and Anno, 17. Announceme City on the Credit Card ressed the purpose is from Counilregar ir: Items I -16. the various Bonded by unanimous Edwards, ter recognized Acting City,Manager Brian. James who stated one of the items red in their packets was the updated master calendar. Staff has added a few events they haver planned and corrected a few inaccurate dates. They also arterAy meetings and selected the meeting dates for the Tax Increment Zone (TIRZ) (Councilmember Crawford was elected Chair) and the Animal sory Committee. By adding them to the calendar and making them quarterly, we meet and have the appropriate communication oversight. Councilmembers that items be placed on a future City Council Mayor Carpenter recognized Mayor Pro-Tern Scagliola who stated the intersection at E1bel Road and Westchester is still a very hazardous intersection and was wondering if someone could go out there and take a look to see how many potential accidents have almost happened there. He would like to have a briefing before council on the findings within a week or two—at staff's convenience. 02 -13 -2018 Minutes Page -18 - Mayor Carpenter recognized Councilmember Larson who requested an update on the flooding issue in northern Schertz where that break way gate is (Scenic Hills Subdivision). Mayor Carpenter recognized Councilmember Crawford who stated he liked Councilmember Edwards comments about tree moving and stated maybe he could talk to Mr. James about that and see if it is worth any further discussion at some later time, probably not on a council agenda. 19. Announcements by Mayor and Councilmembers • City and community events attended and to be attended,,, • City Council Committee and Liaison Assignmens (see aignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Car hosting last Gutierrez who thanked Frost Bank for e also thanked Mr. James and Mr. Wait for better at the Animal Shelter. Mayor Carpenter r cognized Councilmember Edwards who thanked EDC and Acting City Manager Brian James or giving ahem the opportunity yesterday to tour Vision Works, who will b hiring about 1350 people -- another great investment into the City of Schertz. Mayor Carpenter recognized Councilmember Crawford who thanked Mr. James, Ms. Woods and =1s. Grobe for the hour they spent with him on the building and standards ordinance. Their planations helped him in understanding what was going on. Mayor Carpenter thanked Mayor Pro -Tem Scagliola for taking care of the Kerr County trail riders who came through. He also thanked Councilmember Edwards for touring the Vision Works facility as he couldn't be there that day. Lastly, Mayor Carpenter stated he needed everyone's signature on the new updated Ethics Policy document he was about to pass down. 02 -13 -201.8 Minutes Page -19 - 20. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Use of Hotel Occupancy Tax Funds for electronic sign repair. (D. Wait) • Schertz Master Calendar Update. (S. Gonzalez) Adjournment As there was no further business, Mayor Carpenter adjourned the meeting at 9:21 p.m. ATTI Brer 02 -13 -201.8 Minutes Page - 20 - MINUTES SPECIAL TOWN HALL MEETING February 20, 2018 A Special Town Hall Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 20, 2018, at 7:00 p.m., in the Ray D. Corbett Jr. High School Cafeteria, 12000 Ray Corbett Drive, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Dudley Wait Asst. To the City Mgr. Sarah Gonzalez City Secretary Brenda Dennis Fire Chief Kade Long Project Manager Scott McClelland Sr. Computer Support Eric Haugen GIS Coordinator Tony McFalls Finance Director James Walters EMS Clinical Mgr. Mike Shown Director of Planning /Comm. Dev. Lesa Wi Marketing /Comm. Mgr. Melissa Geedman PD Officer Helen Lafitte Senior Planner Bryce Cox Code Enforcement Officer Thomas Brooks Events Manager Mary Spence Asst. Parks & Rec Director Lauren Shrum Financial Analy t-R.J. Fraire Water /Sewer Foreman Jerad Moheit Call to Order " City Council Sbecial Town Hall Mayor Pro -Tem David Scagliola Councilmember Ralph Gutierrez Councilmember Cedric Edwards ►. 6 41 Acting City Manager Brian James Executive Direetor Kyle Kinatede City Attorney Dan Santee Deputy City Secretary Donna Sch Grad , e Emit nee Cecilia Palom IT Director, My Client Seiices Library Direct( Municipal Coii tility Billing l Mayor Carpenter callei.the meeting to order at 7:00 p.m. Welcome es causer Tech Ray Nichols r Melissa Uhlhorn t Administrator Patty Veliz 4gr. Dawn Hardin- Trussell line' Mar. Rodolfo Rosales ChiefMichael Hansen Officer A. J. Arriaga Marshal Steve Pulaski Marshal William Sutton -ector Jessica Kurz Admin. Asst. Sandy Bryant ae Foreman Kevin Anderson Mayor Carpenter welcomed everyone and provided a brief outline of how the evening events would unfold with an opportunity for questions from the citizens at the end of all the staff presentations. Mayor Carpenter recognized Acting City Manager Brian James who announced that they were actually first going to add two brief videos to the schedule tonight; 1) the' 2018 State of the City' video and 2) a recent video from KSAT News featuring the Schertz Police Department's recent efforts to increase citizen awareness of potential acts of crime in their neighborhoods. 02 -20 -2018 Minutes Presentations regarding the specific topics: • FM 1518 Update Acting City Manager Brian James introduced Project Manager Scott McClelland from the city's Engineering Department who provided a briefing on the FM 1.518 expansion project from FM 78 south to IH 10. The intent is to make that a four -lane roadway with turn lanes. Two other features will be a bike path on one side and a sidewalk on the other. TxDOT has split this project into two phases. Phase one is underway right now and fully funded. Phase two is not funded yet and the timeline is still uncertain. City Council approved pursuing additional funding on November 28, 2017 . and TxDOT on Schertz's behalf submitted an additional funding request in December 2017. If funded, the project will be completed five years earlier with a $45 million totat epst and a $5 -10 million . savings due to inflation. Mr. McClelland also showed a short video frcih :AAMPO regarding the selection process and public meeting times. public input is very important in what area projects get selected first. Citizens can go to,AA'MPO.org/Vour move to vote aril provide their feedback. The deadline for this is on February 2K • Fire Station #3 Status. Long who ' spoke about the current progress on #3. The land has been purchased and the r addressing some higher construction cost ,Is to their site plan. They are currently also very nearto closing that out. He provided a have recently returned from Wisconsin where h is just about ready. • FY 2017 -1 Budget Acting City Manager Brian James introduced Finance Director James Walters who provided information on what was approved in this past year's budget. Per the last citizen survey that was conducted, priorities as listed by city residents were police services, parks and trails, storm water runoff, and the enforcement of city codes and ordinances. As a result, in this year's budget, additional staff members were added, and the focus has been directed towards park facility maintenance and storm water channel maintenance. This also allowed for 20 work vehicles, a dump truck, trailers and other equipment. He provided information regarding the city fund balance (a planned reduction of cash in this area). This action allows the city to hire 22 new personnel (6 Police, 6 Fire, 1 Inspections, 1. 02 -20 -2018 Minutes Code Enforcement, 3 EMS, 3 Water, and 2 Drainage). There will also be more upcoming maintenance to start around the city (About $3.2 million allocated) New website updates include the FY 2016 -17 Annual Finance report which will be available on www.schertz.com by March 31. Another feature added is `What's Developing in Schertz.' Mr. James introduced Director of Planning and Community Development Lesa Wood who expanded on this feature. Under `Development Resources' will be a map of the active projects in progress. Clicking on each item will bring forth a closer view of the area and a summary of that project. • Questions /Comments. Mayor Carpenter recognized Acting City Manager Brian James who addressed a variety of citizen questions regarding the following subjects: • The Sedona Crossvine subdivision and associated HOA a. • The City's responsibility /obligations regarding OA co • Increasing congested traffic and future new development • Concerns related to EMS and Fire Stations within the city • Street Lights eventually needed,ii traffic areas in souther • Current lack of signage - City Limits, nd No Cell Phone • Water drainage, batch treatment plant in oUtthern Schertz Mayor Carpenter took the opportunity to 147 )ers who were present: Councilmember Mark Davis, Plato i, Councilmember Ralph Gutierrez, Place 2, Councilmember Scott Larson, Place 3,'Councilmember Cedric Edwards, Place 4, Mayor Pro -Tern David Scagliola, Place 5, Councilmember Angelina Iiser7 Place 6, and Councilmember Bert Crawford, Place 6. Acting City Manage Brian James,,, thanked everyone for coming this evening and encouraged the residents: l0 use the MRO.website -to vote and support our project(s). Staff and Council members remained available for anv further auestions:`` The meeting officially, adjourned at 8:03 p.m. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary 02 -20 -2018 Minutes Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: February 27, 2018 Department: Council Subject: Ordinance No. 18 -M -09 an Ordinance authorizing and amending the City Council Rules of Conduct and Procedure: repealing all ordinances or parts of ordinances in conflict with this ordinance (Final Reading) At the City Council meeting of February 6, 2018 members of Council voted to make the following changes to their Rules of Conduct and Procedure: The following sections will be updated: Article 2. Section 2.2, Subsection B, `Absences from meetings of the city council that are due to occupational or business demands, personal or family illness or absence from the city shall be approved by the council as excused.' Article 3, Section 3.5, `Closed Sessions. Closed session may only be held in accordance with state law' City Council approved this on first reading at their meeting of February 13, 2018. Goal To clarify, update and amend the Council's Rules of Conduct and Procedures related to the above changes. Community Benefit To clearly establish procedures for council. Summary of Recommended Action. Staff recommends Council approve final reading of Ordinance No. 1.8 -M -09 amending the Council Rules of Conduct and Procedures s it was approved on first reading at their meeting of February 13, 2018. . City Council Memorandum Page 2 FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve final reading of Ordinance No. 18 -M -09. ATTACHMENTS Ordinance No. 18 -M -09 Redline changes Ordinance No. 18 -M -09 Final ORDINANCE NO. 18 -M -09 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED THE CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Schertz has previously adopted Rules of Conduct and Procedure for the conduct of meetings of the City Council 16 -M -38; and WHEREAS, the City Council discussed the following changes at their meeting of February 6, 2018; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend, update, and clarify the Rules of Conduct and Procedure as they relate to absences by members of Council, and Closed Sessions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the City Council Rules of Conduct and Procedure are amended as follows: Article 2. General Rules — Section 2.2 B. Absences. Add "Absences from meetings of the city council that are due to occupational or business demands, personal or family illness or absence from the city shall be approved by the council as excused." Article 3. Types of Meetings — Section 3.5 Executive Sessions. "Reword to read "Closed Sessions. Closed sessions may only be held in accordance with state law. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 13TH day of February 2018. PASSED, APPROVED and ADOPTED ON SECOND READING, the 27t' day of February 2018. Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (Sea] of City) CITY OF SCHERTZ CITY COUNCIL RULES OF CONDUCT AND PROCEDURE These Rules of Conduct and Procedure (these "Rules ") are intended to provide an understandable and workable structure for City Council meetings. These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councilmembers and City staff and members of the public, and to promote confidence in the citizens that their government is performing its duties with the highest of ethical standards and with a genuine interest in the well -being of the community. There Rules are in all events subject to the City Charter and applicable provisions of State law, including the Texas Open Meetings Act. As a part of these Rules, the Council has established the following Code of Conduct for the Mayor and all Councilmembers: • Address the merits of the issues no personal attacks • Focus on representing the interests of all citizens. • Attempt to resolve personal conflicts among Councilmembers internally before speaking publicly. • Assume positive intentions — don't look for hidden agendas. • Observe the City's written Rules of Conduct and Procedure. • When others are speaking, listen with an open mind. • Recognize that inappropriate public disclosure of confidential information can be detrimental to the City and its citizens. • Understand that "majority rules ". Once a vote is taken, if you were in the minority agree to disagree and move on. Recognize that a majority view, when expressed in a vote, becomes an expression of City policy. • Coordinate all requests of the City staff through the City Manager. 2 -13 -2018 Revised TABLE OF CONTENTS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ............................................................................ ............................... 2 &3 3.3 Recessed Meetings .............................................................................. ............................... 3 3.4 Adjourned Meetings ............................................................................ ............................... 3 3.5 Cl scd Sessions ................................................................................... ............................... 3 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tern ................................ ............................... 4 5.2 Appointment Procedure for a Councilmember .............................. ............................... 4 &5 2 -13 -2018 Revised i Page ARTICLE 1. AUTHORITY 1.1 City Charter ......................................................................................... ............................... 1 1.2 Effective Date; Amendment ............................................................... ............................... 1 ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public .......................................................................... ............................... 1 2.2 Attendance .......................................................................................... ............................... 1 2.3 Minutes of Meetings ........................................................................... ............................... 1. 2.4 Questions to Contain One Subject ...................................................... ............................... 2 2.5 Right to the Floor ................................................................................ ............................... 2 2.6 City Manager ...................................................................................... ............................... 2 2.7 City Attorney ...................................................................................... ............................... 2 2.8 City Secretary ...................................................................................... ............................... 2 2.9 Officers and Employees ...................................................................... ............................... 2 2.10 Rules of Order ..................................................................................... ............................... 2 2.11 Suspension of Rules ............................................................................ ............................... 2 2.12 Amendment to Rules ........................................................................... ............................... 2 2.1.3 Matters Not Addressed by Rules ........................................................ ............................... 2 ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ............................................................................ ............................... 2 &3 3.3 Recessed Meetings .............................................................................. ............................... 3 3.4 Adjourned Meetings ............................................................................ ............................... 3 3.5 Cl scd Sessions ................................................................................... ............................... 3 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tern ................................ ............................... 4 5.2 Appointment Procedure for a Councilmember .............................. ............................... 4 &5 2 -13 -2018 Revised i TABLE OF CONTENTS (continued) 9.1 Motions ............................................................................................... ............................... 8 Page Debate ................................................................................................. ............................... ARTICLE 6. 9.3 Motion Procedures ......................................................................... ............................... ORDER OF BUSINESS 9.4 6.1 Agenda ........................................................................................... ............................... 5 &6 6.2 Communication to Mayor and Council ............................................... ............................... 6 6.3 Approval of Minutes ........................................................................... ............................... 6 6.4 Presentations by Members of Council ................................................ ............................... 6 6.5 Consent Agenda .................................................................................. ............................... 6 To Postpone or Extend ...................................................................... ............................... ARTICLE 7. 9.1.0 To Refer ............................................................................................ ............................... CONSIDERATION OF ORDINANCES, :RESOLUTIONS, AND MOTIONS 9.11 7.1 Printed, Typewritten, or Electronic Form ........................................... ............................... 6 7.2 City Manager Review ......................................................................... ............................... 6 7.3 City Attorney to Approve ................................................................... ............................... 7 7.4 Funding ............................................................................................... ............................... 7 7.5 Reading of Caption Only .................................................................... ............................... 7 7.6 Ordinances -Two Readings; Emergencies ........................................ ............................... 7 7.7 Recording of Votes ............................................................................. ............................... 7 7.8 Vote Required ..................................................................................... ............................... 7 7.9 Tie Vote .............................................................................................. ............................... 7 7.1.0 Numbering Ordinances and Resolutions ............................................ ............................... 7 7.11 Ordinance Passage Procedure ............................................................. ............................... 7 ARTICLE 8 RULES OF DECORUM 8.1 Recognition by presiding officer ........................................................ ............................... 7 8.2 Order ................................................................................................... ............................... 7 8.3 Presiding Officer ............................................................................ ............................... 7 &8 8.4 Improper References to be Avoided ................................................... ............................... 8 8.5 Interruptions ........................................................................................ ............................... 8 ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions ............................................................................................... ............................... 8 9.2 Debate ................................................................................................. ............................... 8 9.3 Motion Procedures ......................................................................... ............................... 8 &9 9.4 Point of Privilege ................................................................................ ............................... 9 9.5 Point of Procedure or Order ................................................................ ............................... 9 9.6 To Appeal a Rul ing ...................................................................... ............................... 9 &1.0 9.7 To Recess .......................................................................................... ............................... 10 9.8 To Withdraw ..................................................................................... ............................... 10 9.9 To Postpone or Extend ...................................................................... ............................... 10 9.1.0 To Refer ............................................................................................ ............................... 10 9.11 To Amend .................................................................................. ............................... 10&11 9.12 To Limit or Close Debate or "Call the Question" ............................. ............................... 1.1 9.13 To Count the Vote ............................................................................. ............................... 11 9.1.4 To Take Action or Reconsider an Action; Main Motions ................ ............................... 11. 2 -3 -2018 Revised ii TABLE OF CONTENTS (continued) Page 9.15 To take action or Rescind motion ..................................................... ............................... 11 9.1.6 To Take Action; Main Motions ................................................. ............................... 11&12 9.17 Effect of Abstentions .................................................. .............................12 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning ............................................................................................... .............................12 10.2 Removal .............................................................................................. .............................12 10.3 Resisting Removal ............................................................................ ............................... 12 10.4 Motions to Enforce ........................................................................... ............................... 1.2 10.5 Adjournment .............................................................................. ............................... 12&13 ARTICLE 1.1. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees ........................................................................ ............................... 1.3 11.2 Special Committees .......................................................................... ............................... 13 ARTICLE 1.2. CITIZENS' RIGHTS 1.2.1 Addressing the Council ..................................................................... ............................... 1.3 12.2 Manner of Addressing the Council — Time Limit ............................. ............................... 13 1.2.3 Personal and Slanderous Remarks .................................................... ............................... 13 12.4 Public Hearings .......................................................................... ............................... 13&14 1.2.5 Written Communications .................................................................. ............................... 14 12.6 Hearing of Residents ......................................................................... ............................... 14 ARTICLE 1.3. COUNCIL AND STAFF RELATIONS 1.3.1 City Manager to Provide Information ............................................... ............................... 1.4 13.2 City Manager's Responses to Requests ..................................... ............................... 14 &15 13.3 Directions to City Manager ............................................................... ............................... 15 13.4 City Manager's Duty to Inform ........................................................ ............................... 15 13.5 Customer Concerns ........................................................................... ............................... 15 13.6 City Manager /Council Relations ....................................................... ............................... 15 2 -3 -2018 Revised 1.11 ARTICLE 1. AUTHORITY 1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the Council and until such time as they are amended, or new rules are adopted. In the event of a conflict between these Rules and the Charter, the Charter shall govern over these Rules. In the event of a conflict between these Rules and State law, State law shall take precedence. ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public. All meetings of the Council and all meetings of committees composed of a quorum of the Council shall be open to the public as provided by State law, except when State law allows closed or Closed sessions for certain limited topics. 2.2 Attendance. Councilmembers shall attend all meetings of the Council. Absence of a Councilmember from a meeting shall be managed in accordance with 2.2 B. A. Quoru m. Four members of the Council, not including the Mayor, shall constitute a quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall be counted for purpose of determining the existence of a quorum. If a quorum is not present, those in attendance will be named, and they may recess to a later time as permitted by State law or may hear business before them, taking no official action. The City Secretary shall annotate the Councilmember's absence and the reason therefore in the minutes of the meeting from which the Councilmember is absent. Council approval of the subject minutes shall ratify the absence and the reason given therefore and thus excuse the absence. If a Councilmember raises an objection to the absence or the reason given therefore at the time the minutes are to be approved, the matter may be place on a future agenda for debate, discussion and further consideration. 2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the City Secretary and shall constitute the official record of the Council. Such minutes, after being approved by the Council (except any closed or closed session portion), shall be open to public inspection. The City Secretary shall provide an index showing the action of the Council in regard to all matters before to it at both regular and special meetings. A 2 -13 -2018 Revised I recording or "certified agenda" of each closed or closed session shall be made and maintained as required by State law. 2.4 (Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more subjects are involved, any Councilmember may require a division, if the subjects can be reasonably divided. 2.5 Right to the Floor. Subject to Section 8.5, any Councilmember or member of City staff desiring to speak shall be recognized by the Mayor (or the presiding officer in the Mayor's absence) at an appropriate time and shall confine his /her remarks to the subject under consideration or to be considered. 2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of the Council unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in all discussions of the Council but shall have no vote. The City Manager shall be notified of all special meetings of the Council. 2.7 City Attorney_. The City Attorney shall attend all meetings of the Council as required by the Council or as requested by the City Manager, and shall, upon request of the Council or the City Manager, give an opinion, either written or oral, on questions of law. 2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings of the Council, unless excused, and shall keep the official minutes. 2.9 Officers and Employees. Any officer or employee of the City, when requested by the City Manager, shall attend meetings of the Council. If requested to do so by the City Manager, they shall present information relating to matters before the Council. 2.1.0 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council. 2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State law may be temporarily suspended by a majority vote of the Councilmembers who are present. The vote of each person on any such suspension shall be entered in the minutes. 2.1.2 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly adopted ordinance. 2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings not addressed by these Rules, the Charter, or State law shall be determined by the Mayor (or the presiding officer in the Mayor's absence). ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part II, Section 2 -2. The Council may also hold regularly scheduled meetings which may be designated by the Council as "workshop" sessions. 3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or any three (3) members of the Council. The call for a special meeting shall be filed with 2 -13 -2018 Revised 2 the City Secretary in written form, except that announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, hour, and place of the special meeting and shall identify the subject or subjects to be considered. 3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be reconvened except by a motion to reconsider prior to any Councilmember's departure from the Council chamber. See Sections 9.3 and 9.4. 3.5 Closed Closed sessions may only be held in accordance with state law. 3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency meeting may be called as a special meeting as set forth in Section 3.2, however, an emergency meeting may not be held unless authorized by, and notice is given in accordance, with State law. ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Maw. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In the absence of the Mayor, the Mayor Pro -Tem shall preside. In the absence of both the Mayor and the Mayor Pro -Tem, the most senior Councilmember (by time of service on the Council) present shall be the chairperson. 4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro -Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present. 4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved during debate or the impugning of members' motives, and confine Councilmembers in debate to the question under discussion. 4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege, points of procedure or order, and withdrawals of motions, subject to the right of any member to appeal to the Council as set forth in Article 9 of these Rules. See Sections 9.3, 9.4, 9.5, 9.6, and 9.8. 4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken on all votes. 4.6 Substitution of Mao. In the event the Mayor must relinquish the chair, the Mayor shall call upon the Mayor Pro -Tem to preside if the Mayor :Pro -Tem is present. If the Mayor 2 -13 -2018 Revised 3 Pro -Tem is not present, the Mayor may call upon the most senior Councilmember (by time of service on the Council) present to preside, but such substitution shall not continue beyond adjournment of that meeting. ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Mayors Pro Tempore shall be appointed for one -year terms beginning and ending February each year. (b) Mayors Pro Tempore shall be appointed by a majority vote of the City Council following a properly made motion to appoint a member who is both: (a) Eligible to serve as Mayor Pro Tempore (b) Is, at the time of the motion, a Councilmember in good standing (c) The appointed Mayor Pro Tem may be removed by Council by a two - thirds (2/3) majority vote of the members of Council at any time during his or her term. (d) Council reserves the right to alter this procedure at any time by resolution or rule. 5.2 Appointment Procedure for a Councilmember. (a) The Council may appoint a Councilmember to a vacant seat as authorized by Section 4.06 of the City Charter. (b) The Council will announce and advertise on the City's website and in the City's newspaper of record that applications are being accepted for a vacant position on Council. (c) A due date for applications to be submitted will be set. (d) Applicants must meet the qualifications for a Councilmember set forth in Section 4.02 of the City Charter. (e) Applications will be received by the City Secretary's office and distributed to all Councilmembers. (f) An interview date will be set and posted for a public meeting. (g) Interviews of prospective candidates will be held in a public forum by a quorum of Councilmembers. (h) Councilmembers will discuss, and appoint by majority vote, the new member of Council at either the same meeting as the interviews or at a subsequent Council meeting. 2 -13 -2018 Revised 4 (i) The Council is the final judge of whether a candidate is qualified to serve as a Councilmember as set forth in Section 4.03 of the City Charter. (j) Council reserves the right to alter this procedure at any time by resolution or rule. ARTICLE 6. ORDER OF BUSINESS 6.1 A_. eg nda. The City Manager and the City Secretary shall prepare an agenda for each meeting of the Council. Items may be placed on the agenda by the City Manager (or in his absence any Assistant City Manager), the Mayor, or any Councilmember, except that a Councilmember directing that an item or items be placed on an agenda must do so in open session, during a properly posted meeting of the Council. Items placed on the agenda by the City Manager (or in his absence any Assistant City Manager) may be removed only by the City Manager (or any Assistant City Manager) and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on an agenda by the Mayor may be removed only by the Mayor, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on the agenda by a Councilmember may be removed only by that specific Councilmember, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. (a) Information Required. Any item to be on the agenda must be provided to the City Manager pursuant to a procedure established and modified by the City Manager from time to time. Each item on the agenda must contain sufficient information so that full disclosure of the item to be addressed is present so as to alert the Council and the public of the topic to be considered. (b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all items for consideration in a format recommended by the City Manager. The name of the person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. (c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish the Mayor and each Councilmember a copy of the agenda, including the proposed ordinances, resolutions, petitions, notices, or other materials as required. Copies of attachments and background material will generally be provided for the initial presentation only and should be retained by the Mayor and the Councilmembers until such time as the item is finalized. (d) Copy Available to Public. A copy of the agenda, with or without attachments as determined by the City Manager, shall be made available to the public at City Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. 2 -13 -2018 Revised 5 (e) Order; Exception. The ordinances, resolutions, and other proposed actions shall be taken up and disposed of by the Council in the order listed in the agenda, subject to the right of the presiding officer to take up matters in a different order. 6.2 Communication to Mayor and Council. The City Manager shall provide the Council with a copy of each ordinance or resolution and appropriate analysis of items proposed to be acted upon by the Council at a meeting. These communications shall be delivered to the Mayor and Councilmembers along with the agenda. This information should also be retained by the Mayor and Councilmembers until such time as the item is finalized. Staff members, in making presentations to Council at a meeting of the Council, should endeavor to restrict their presentations to five (5) minutes, excluding responses to questions by the Mayor and /or Councilmembers. 6.3 Approval of Minutes. Minutes may be approved without public reading if the City Secretary has previously furnished the Mayor and each Councilmember with a copy thereof. 6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor and each Councilmember may bring before the Council any business that person believes should be brought up during the "Requests by Mayor and Councilmembers" and "Announcements by Mayor and Councilmembers" portions of the agenda. These matters need not be specifically listed on the agenda unless the person desiring to make a comment knows prior to posting of the agenda that he /she will make such comment. In response to an unposted comment, there (1) may only be a statement of factual information in response, (2) a recitation of existing City policy, or (3) discussion regarding a proposal to place the subject on the agenda for a subsequent meeting. 6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant City Manager) with respect to items believed to be non - controversial, the City Secretary shall place multiple items on a "Consent Agenda" portion of the agenda, subject to the right of the Mayor or any Councilmember to request at the meeting that any one or more of such items be removed from the Consent Agenda for individual consideration. First readings of ordinances shall in all events be posted for individual consideration and shall not be included on the Consent Agenda. ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be presented to the Council only in printed, typewritten, or electronic form. 7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City Manager or his designee. 7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form and legal content by the City Attorney, when requested by the Mayor or the City Manager. 2 -13 -2018 Revised 6 7.4 Funding. All actions authorizing an expenditure of money shall include the exact source of the funds to be expended. 7.5 Reading of Caption On1X. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 7.6 Ordinances —Two Readings; Emergencies. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next regular meeting, except that immediate action may be taken upon an emergency as determined by the Council in accordance the Charter or State law. 7.7 Recording; of Votes. The ayes and nays shall be taken upon the consideration of all ordinances and resolutions and shall be entered in the minutes of the Council. 7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise required by these Rules, the Charter, or State law, shall require the affirmative vote of four (4) Councilmembers who are present and eligible to vote. 7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as presiding officer shall not be restricted to voting only in the event of a tie. 7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance on second reading or on a single reading as an emergency, the City Secretary shall assign . a number to each ordinance or resolution within the records of the City. 7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and it shall be filed and thereafter preserved in the office of the City Secretary. ARTICLE 8. RULES OF DECORUM 8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the Council without first being recognized by the presiding officer. 8.2 Order. While the Council is in session, the Councilmembers must preserve the order and decorum of the meeting, and a Councilmember shall neither, by statement or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any other Councilmember while speaking or refuse to obey the orders of the presiding officer. Councilmembers are expected to remain on the dais during a Council meeting unless they have good cause to vacate. 8.3 Presiding Officer. The Mayor or the Mayor Pro -Tem or such other member of the Council who is serving as the presiding officer may participate in debate, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of such Councilmember acting as the presiding officer. Tf the presiding officer is engaged in debate and is, at the insistence of four (4) Council members, abusing the position of the presiding officer, the presiding officer must relinquish the chair to the 2 -13 -2018 Revised 7 Mayor Pro -Tem, or in his /her absence, to the next most senior Councilmember (by time of service on the Council) present. The Mayor Pro -Tem or such other member, other than the Mayor, who is serving as presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of the member acting as the presiding officer. 8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to Section 2.5 or 8.5, he /she shall avoid all references to personalities and indecorous language. 8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor or another Councilmember when speaking unless it is to raise a point of privilege (Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to withdraw a previously- stated motion (Section 9.8), or as otherwise provided in these Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the Councilmember so interrupted should cease speaking until the question is determined. ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions. A Councilmember, after he /she obtains the floor, or the Mayor may make a motion on the particular subject of discussion or a procedural point as permitted. A "Second" to the motion, if required, must be made by a Councilmember who did not make the motion within a reasonable but brief time period. The Mayor may not "Second" a motion. A motion or a "Second" merely implies that the maker of the motion and the person who "Seconds" agree that the motion should come before the meeting and not that he /she necessarily favors the motion. Without a "Second ", if required, the motion dies. 9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions (1 type). When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 2 -13 -2018 Revised 8 Affirmative May Resolved Vote by 4 Interrupt Second by Chair Council- 2/3 Motion Speaker Required Debatable Amendable No Vote members Vote A. Meeting Conduct Motions Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 2 -13 -2018 Revised 8 1. point of privilege yes no no no yes no no 2. point of procedure or order yes no no no yes no no 3. to appeal a ruling no yes yes no no yes no 4. to recess no yes yes yes no yes no B. Disposition Motions 5. to withdraw yes no no no yes no no 6. to postpone no yes yes yes no yes no 7. to refer no yes yes yes no yes no £1. to amend no yes yes yes no yes no 9. to limit or close debate or "call the question" no yes yes yes no no yes 10. to extend debate no yes yes yes no yes no 11. to count the vote no yes no no no no no C. Main Motions 12. to reconsider yes yes if original motion was debatable no no yes no 13. to rescind no yes yes yes no no yes 14. to take action no yes yes yes no Yes * ** no Mandatory if seconded; no vote required Unless a greater vote is required by the Charter or State Law 9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Councilmember to the presiding officer, drawing urgent attention to a need for persona] accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort, a matter of requested convenience, or an overlooked right of privilege that should have been accorded to the Councilmember(s). In essence, it is a call to the presiding officer for the purpose of assuring a Councilmember's convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. 9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. Mandatory if seconded; no vote required 2 -13 -2018 Revised 9 9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer's ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of four (4) Councilmembers is required. 9.7 To Recess. A motion to recess requests a brief interruption of the meeting's business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of four (4) Councilmembers is required. 9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his/her proposal. This is the maker's privilege; thus, it does not require a second. Because the withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because another Councilmember later can make a similar motion, a withdrawal motion is not subject to debate, amendment, or vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand —or a new issue. 9.9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Council to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and it is amendable (particularly as to postponement, timing), and an affirmative vote of four (4) Councilmembers is required. 9.10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section 9.1.4). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of -four (4) Councilmembers is required. 9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a 2 -13 -2018 Revised 10 second, and it is debatable and amendable. An affirmative vote of four (4) Councilmembers is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 9.12 To Limit or Close Debate or "Call the Question ". Because the extent to which an issue is discussed rests primarily with discretion of the presiding officer, it is the presiding officer who carries the burden of ensuring that adequate time and discussion are given to differing points of view. A motion to limit or close debate is therefore an overruling of the presiding officer's determination. A motion to close debate is the same as a motion to "call the question ". Because this motion affects the most fundamental right of any Councilmember, the right to speak one's views, it is the only procedural motion that requires an affirmative vote of two - thirds of participants voting. 9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It represents the right of a Councilmember to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. Upon completion of the count, the presiding officer announces the result —and final disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required. 9.1.4 Motion to Reconsider. Allows a main motion to be brought back before the City Council . for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the City Council, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the Mayor does not state the question on the reconsideration until the immediately pending business is completed. 9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the City Council and must be made at the same meeting at which the subject matter of the motion was considered and it requires a two - thirds vote of the City Council members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the City Council cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 2 -13 -2018 Revised I I 9.16 To Take Action, Motions. Main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of four (4) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. 9.17 Effect of Abstentions; action on required Abstentions; Effect of non - required Abstentions. The following rules shall apply when a Council Member abstains from voting on an item: When the Council Member is Legally gated to Abstain. When a Council Member is legally obligated to abstain from voting pursuant to Texas Local. Government Code Chapter 1.71, a local ordinance or the City Charter then the Council Member shall leave the dais and exit City Council Chambers until such time as the debate and vote on the item has been concluded. The City Secretary shall record that the Council Member left the room and abstained from the vote in the official minutes and there shall be no other effect. When the Council Member as no Legal Obligation to Abstain from Voting_ When a Council Member has no legal obligation to abstain from voting then an abstention shall be recorded in the minutes as an abstention and shall procedurally be treated as a "no" vote. ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning. All persons other than a recognized speaker shall, at the request of the presiding officer, be silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer may order the person to leave the meeting. The Chief of Police, or such member or members of the Police Department or other persons as the presiding officer may designate, shall be sergeant -at- arms of the Council meetings. If the person so requested does not leave the meeting, the presiding officer may order the sergeant -at -arms to remove such person. 1.0.2 Removal. Any designated sergeant -at -arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant -at -arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council (or successor provision of law). 10.3 Resisting; Removal. Any person who resists removal by the sergeant -at -arms shall be charged with violating Section 42.05 (a) of the Texas Penal Code. 2 -13 -2018 Revised 12 10.4 Motions to Enforce. Any Council member may move to require the presiding officer to enforce these Rules and the affirmative vote of a majority of the Councilmembers present and eligible to vote shall require the presiding officer to do so. 1.0.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of the individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular or a special meeting or, subject to State law, may be recessed to a set time and date. ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees. The Council may create committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the Charter, the Code of Ordinances, or State law. Membership and selection of members shall be as determined by the Council if not specified by the Charter, the Code of Ordinances, or State law. No person may concurrently serve on more than one Board unless, by virtue of his/her position on the Council, he /she also holds a position on another Board. Persons related within the second degree by affinity or consanguinity to the Mayor or any member of the Council shall not be eligible to serve on a standing committee. No standing committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter, the Code of Ordinances, or State law. 1.1.2 Special Committees. The Council may, as the need arises, authorize the appointment of "ad hoc" Council committees. Except where otherwise specifically provided by the Charter, the Mayor and the City Council shall appoint the members of the special committees. Any committee so created shall be given a "mission statement" directing its activities. Any special committee shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Councilmembers present and entitled to vote. ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2 Manner of Addressing the Council — Time Limit. Each person addressing the Council shall speak at the podium into the microphone (or at another designated Location), shall give his /her name and address in an audible tone of voice for the record, and, unless further time is granted by the Council, shall, subject to Section 12.4 below, limit his/her remarks to three (3) minutes or less. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. No person, other than members of the Council or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council, unless requested or approved by the presiding officer. No 2 -13 -2018 Revised 13 questions shall be asked the Councilmembers, except through the presiding officer. Responses to questions may be limited as required by State law. 12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Council or otherwise while in attendance at a Council meeting, may be requested to leave the meeting, pursuant to Article 1.0 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 1.2.4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 12.2 above) interested persons may speak, subject to the Councilmembers' right to appeal the presiding officer's ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 12.5 Written Communications. Interested persons, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Councilmembers. 1.2.6 Hearing of Residents. There shall be included on the agenda of each City Council meeting an item labeled "Hearing of Residents ". After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Council on items on or not on the agenda at that time, providing they have completed the "Hearing of Residents" form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Council prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for "Hearing of Residents" must speak during the "Hearing of Residents" portion of the meeting. Councilmembers and members of City staff may not discuss unposted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section 12.2, unless otherwise authorized by the presiding officer. ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information. The City Manager is directly responsible for providing information to all the Councilmembers concerning any inquiries by a specific 2 -13 -2018 Revised 14 Councilmember. If the City Manager or his staff's time is being dominated or misdirected by a Councilmember, it is his responsibility to inform the Mayor or the Council as a whole. 13.2 City Manager's Responses to Requests. The City Manager is expected to respond in a timely manner to the Council and Councilmember's requests. When information is requested, the City Manager will estimate a reasonable time frame for collecting the requested information. (a) If the City Manager disagrees with the request, he should say so and explain his position. (b) If the City Manager disagrees with individual directives, he should initiate clarification of the Council's will with regard to the individual Councilmember's request. (c) The City Manager may delegate responsibility for the response as necessary and appropriate, but the City Manager will be responsible for its receipt by the Council in a timely manner. (d) The City Manager should maintain a checklist and timetable for requests and other directives of the Council. (e) All Councilmembers will be provided the same written information when any matter under consideration may be of general concern to the Council. There will be no preferential dissemination of information by the City Manager or his staff. 13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a consensus of the Councilmembers present will be required to direct the City Manager to take any action. 1.3.4 City Manager's Duty to Inform. The City Manager is responsible for keeping the Council informed. The Council should be provided weekly reports outlining progress on outstanding issues as well as information on new issues and opportunities. Additionally, the Council should be informed of City news prior to release of such information to the community, newspaper(s), or other governmental entities, etc. 13.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures for handling customer concerns in all departments with prompt feedback to citizens and Councilmembers. 1.3.6 City Manager /Council Relations. The City Manager should strive to maintain positive relations with the Council by following these guidelines: (a) Work to establish mutual trust with the Council. (b) Maintain open lines of communication with the Council and keep Council informed. 2 -13 -2018 Revised 15 (c) Inform all Councilmembers of educational opportunities, recognizing that an educated Council is in the City's best interest. (d) Include the Council in City- sponsored employee social events. (e) Conduct orientation sessions for new Councilmembers, including a tour of City buildings and introductions to staff. Amended: February 13, 2018 2 -13 -2018 Revised 16 CITY OF SCHERTZ CITY COUNCIL RULES OF CONDUCT AND PROCEDURE These Rules of Conduct and Procedure (these "Rules ") are intended to provide an understandable and workable structure for City Council meetings. These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councilmembers and City staff and members of the public, and to promote confidence in the citizens that their government is performing its duties with the highest of ethical standards and with a genuine interest in the well -being of the community. There Rules are in all events subject to the City Charter and applicable provisions of State law, including the Texas Open Meetings Act. As a part of these Rules, the Council has established the following Code of Conduct for the Mayor and all Councilmembers: • Address the merits of the issues no personal attacks • Focus on representing the interests of all citizens. • Attempt to resolve personal conflicts among Councilmembers internally before speaking publicly. • Assume positive intentions — don't look for hidden agendas. • Observe the City's written Rules of Conduct and Procedure. • When others are speaking, listen with an open mind. • Recognize that inappropriate public disclosure of confidential information can be detrimental to the City and its citizens. • Understand that "majority rules ". Once a vote is taken, if you were in the minority agree to disagree and move on. Recognize that a majority view, when expressed in a vote, becomes an expression of City policy. • Coordinate all requests of the City staff through the City Manager. 2 -13 -2018 Revised TABLE OF CONTENTS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ............................................................................ ............................... 2 &3 3.3 Recessed Meetings .............................................................................. ............................... 3 3.4 Adjourned Meetings ............................................................................ ............................... 3 3.5 Closed Sessions ................................................................................... ............................... 3 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tern ................................ ............................... 4 5.2 Appointment Procedure for a Councilmember .............................. ............................... 4 &5 2 -13 -2018 Revised i Page ARTICLE 1. AUTHORITY 1.1 City Charter ......................................................................................... ............................... 1 1.2 Effective Date; Amendment ............................................................... ............................... 1 ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public .......................................................................... ............................... 1 2.2 Attendance .......................................................................................... ............................... 1 2.3 Minutes of Meetings ........................................................................... ............................... 1. 2.4 Questions to Contain One Subject ...................................................... ............................... 2 2.5 Right to the Floor ................................................................................ ............................... 2 2.6 City Manager ...................................................................................... ............................... 2 2.7 City Attorney ...................................................................................... ............................... 2 2.8 City Secretary ...................................................................................... ............................... 2 2.9 Officers and Employees ...................................................................... ............................... 2 2.10 Rules of Order ..................................................................................... ............................... 2 2.11 Suspension of Rules ............................................................................ ............................... 2 2.12 Amendment to Rules ........................................................................... ............................... 2 2.1.3 Matters Not Addressed by Rules ........................................................ ............................... 2 ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ............................................................................ ............................... 2 &3 3.3 Recessed Meetings .............................................................................. ............................... 3 3.4 Adjourned Meetings ............................................................................ ............................... 3 3.5 Closed Sessions ................................................................................... ............................... 3 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tern ................................ ............................... 4 5.2 Appointment Procedure for a Councilmember .............................. ............................... 4 &5 2 -13 -2018 Revised i TABLE OF CONTENTS (continued) 9.1 Motions ............................................................................................... ............................... 8 Page Debate ................................................................................................. ............................... ARTICLE 6. 9.3 Motion Procedures ......................................................................... ............................... ORDER OF BUSINESS 9.4 6.1 Agenda ........................................................................................... ............................... 5 &6 6.2 Communication to Mayor and Council ............................................... ............................... 6 6.3 Approval of Minutes ........................................................................... ............................... 6 6.4 Presentations by Members of Council ................................................ ............................... 6 6.5 Consent Agenda .................................................................................. ............................... 6 To Postpone or Extend ...................................................................... ............................... ARTICLE 7. 9.1.0 To Refer ............................................................................................ ............................... CONSIDERATION OF ORDINANCES, :RESOLUTIONS, AND MOTIONS 9.11 7.1 Printed, Typewritten, or Electronic Form ........................................... ............................... 6 7.2 City Manager Review ......................................................................... ............................... 6 7.3 City Attorney to Approve ................................................................... ............................... 7 7.4 Funding ............................................................................................... ............................... 7 7.5 Reading of Caption Only .................................................................... ............................... 7 7.6 Ordinances -Two Readings; Emergencies ........................................ ............................... 7 7.7 Recording of Votes ............................................................................. ............................... 7 7.8 Vote Required ..................................................................................... ............................... 7 7.9 Tie Vote .............................................................................................. ............................... 7 7.1.0 Numbering Ordinances and Resolutions ............................................ ............................... 7 7.11 Ordinance Passage Procedure ............................................................. ............................... 7 ARTICLE 8 RULES OF DECORUM 8.1 Recognition by presiding officer ........................................................ ............................... 7 8.2 Order ................................................................................................... ............................... 7 8.3 Presiding Officer ............................................................................ ............................... 7 &8 8.4 Improper References to be Avoided ................................................... ............................... 8 8.5 Interruptions ........................................................................................ ............................... 8 ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions ............................................................................................... ............................... 8 9.2 Debate ................................................................................................. ............................... 8 9.3 Motion Procedures ......................................................................... ............................... 8 &9 9.4 Point of Privilege ................................................................................ ............................... 9 9.5 Point of Procedure or Order ................................................................ ............................... 9 9.6 To Appeal a Rul ing ...................................................................... ............................... 9 &1.0 9.7 To Recess .......................................................................................... ............................... 10 9.8 To Withdraw ..................................................................................... ............................... 10 9.9 To Postpone or Extend ...................................................................... ............................... 10 9.1.0 To Refer ............................................................................................ ............................... 10 9.11 To Amend .................................................................................. ............................... 10&11 9.12 To Limit or Close Debate or "Call the Question" ............................. ............................... 1.1 9.13 To Count the Vote ............................................................................. ............................... 11 9.1.4 To Take Action or Reconsider an Action; Main Motions ................ ............................... 11. 2 -3 -2018 Revised ii TABLE OF CONTENTS (continued) Page 9.15 To take action or Rescind motion ..................................................... ............................... 11 9.1.6 To Take Action; Main Motions ................................................. ............................... 11&12 9.17 Effect of Abstentions .................................................. .............................12 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning ............................................................................................... .............................12 10.2 Removal .............................................................................................. .............................12 10.3 Resisting Removal ............................................................................ ............................... 12 10.4 Motions to Enforce ........................................................................... ............................... 1.2 10.5 Adjournment .............................................................................. ............................... 12&13 ARTICLE 1.1. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees ........................................................................ ............................... 1.3 11.2 Special Committees .......................................................................... ............................... 13 ARTICLE 1.2. CITIZENS' RIGHTS 1.2.1 Addressing the Council ..................................................................... ............................... 1.3 12.2 Manner of Addressing the Council — Time Limit ............................. ............................... 13 1.2.3 Personal and Slanderous Remarks .................................................... ............................... 13 12.4 Public Hearings .......................................................................... ............................... 13&14 1.2.5 Written Communications .................................................................. ............................... 14 12.6 Hearing of Residents ......................................................................... ............................... 14 ARTICLE 1.3. COUNCIL AND STAFF RELATIONS 1.3.1 City Manager to Provide Information ............................................... ............................... 1.4 13.2 City Manager's Responses to Requests ..................................... ............................... 14 &15 13.3 Directions to City Manager ............................................................... ............................... 15 13.4 City Manager's Duty to Inform ........................................................ ............................... 15 13.5 Customer Concerns ........................................................................... ............................... 15 13.6 City Manager /Council Relations ....................................................... ............................... 15 2 -3 -2018 Revised 1.11 ARTICLE 1. AUTHORITY 1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the Council and until such time as they are amended, or new rules are adopted. In the event of a conflict between these Rules and the Charter, the Charter shall govern over these Rules. In the event of a conflict between these Rules and State law, State law shall take precedence. ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public. All meetings of the Council and all meetings of committees composed of a quorum of the Council shall be open to the public as provided by State law, except when State law allows closed or Closed sessions for certain limited topics. 2.2 Attendance. Councilmembers shall attend all meetings of the Council. Absence of a Councilmember from a meeting shall be managed in accordance with 2.2 B. A. Quoru m. Four members of the Council, not including the Mayor, shall constitute a quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall be counted for purpose of determining the existence of a quorum. If a quorum is not present, those in attendance will be named, and they may recess to a later time as permitted by State law or may hear business before them, taking no official action. B. Absences. In the event a Councilmember is unable to attend a meeting of the Council, the Councilmember shall notify either the Mayor or the City Secretary as soon as they become aware that they will be unable to attend. Notification may be accomplished via e -mail or telephone and must include the reason for the absence. Absences from meetings of the City Council that are due to occupational or business demands, personal or family illness or absence from the city shall be approved by the Council as excused. The City Secretary shall annotate the Councilmember's absence and the reason therefore in the minutes of the meeting from which the Councilmember is absent. Council approval of the subject minutes shall ratify the absence and the reason given therefore and thus excuse the absence. If a Councilmember raises an objection to the absence or the reason given therefore at the time the minutes are to be approved, the matter may be place on a future agenda for debate, discussion and further consideration. 2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the City Secretary and shall constitute the official record of the Council. Such minutes, after being approved by the Council (except any closed or closed session portion), shall be open to public inspection. The City Secretary shall provide an index showing the action 2 -13 -2018 Revised I of the Council in regard to all matters before to it at both regular and special meetings. A recording or "certified agenda" of each closed or closed session shall be made and maintained as required by State law. 2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more subjects are involved, any Councilmember may require a division, if the subjects can be reasonably divided. 2.5 Right to the Floor. Subject to Section 8.5, any Councilmember or member of City staff desiring to speak shall be recognized by the Mayor (or the presiding officer in the Mayor's absence) at an appropriate time and shall confine his /her remarks to the subject under consideration or to be considered. 2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of the Council unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in all discussions of the Council but shall have no vote. The City Manager shall be notified of all special meetings of the Council. 2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by the Council or as requested by the City Manager, and shall, upon request of the Council or the City Manager, give an opinion, either written or oral, on questions of law. 2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings of the Council, unless excused, and shall keep the official minutes. 2.9 Officers and Employ. Any officer or employee of the City, when requested by the City Manager, shall attend meetings of the Council. If requested to do so by the City Manager, they shall present information relating to matters before the Council. 2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council. 2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State law may be temporarily suspended by a majority vote of the Councilmembers who are present. The vote of each person on any such suspension shall be entered in the minutes. 2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly adopted ordinance. 2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings not addressed by these :Rules, the Charter, or State law shall be determined by the Mayor (or the presiding officer in the Mayor's absence). ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part II, Section 2 -2. The Council may also hold regularly scheduled meetings which may be designated by the Council as "workshop" sessions. 2 -13 -2018 Revised 2 3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or any three (3) members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, except that announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, hour, and place of the special meeting and shall identify the subject or subjects to be considered. 3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be reconvened except by a motion to reconsider prior to any Councilmember's departure from the Council chamber. See Sections 9.3 and 9.4. 3.5. Closed Sessions. Closed sessions may only be held in accordance with state law. 3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency meeting may be called as a special meeting as set forth in Section 3.2, however, an emergency meeting may not be held unless authorized by, and notice is given in accordance, with State law. ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Maw. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In the absence of the Mayor, the Mayor Pro -Tem shall preside. In the absence of both the Mayor and the Mayor Pro -Tem, the most senior Councilmember (by time of service on the Council) present shall be the chairperson. 4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro -Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present. 4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved during debate or the impugning of members' motives, and confine Councilmembers in debate to the question under discussion. 4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege, points of procedure or order, and withdrawals of motions, subject to the right of any member to appeal to the Council as set forth in Article 9 of these Rules. See Sections 9.3, 9.4, 9.5, 9.6, and 9.8. 4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken on all votes. 4.6 Substitution of Mayor. In the event the Mayor must relinquish the chair, the Mayor shall call upon the Mayor Pro -Tem to preside if the Mayor :Pro -Tem is present. If the Mayor 2 -13 -2018 Revised 3 Pro -Tem is not present, the Mayor may call upon the most senior Councilmember (by time of service on the Council) present to preside, but such substitution shall not continue beyond adjournment of that meeting. ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Mayors Pro Tempore shall be appointed for one -year terms beginning and ending February each year. (b) Mayors Pro Tempore shall be appointed by a majority vote of the City Council following a properly made motion to appoint a member who is both: (a) Eligible to serve as Mayor Pro Tempore (b) Is, at the time of the motion, a Councilmember in good standing (c) The appointed Mayor Pro Tem may be removed by Council by a two - thirds (2/3) majority vote of the members of Council at any time during his or her term. (d) Council reserves the right to alter this procedure at any time by resolution or rule. 5.2 Appointment Procedure for a Councilmember. (a) The Council may appoint a Councilmember to a vacant seat as authorized by Section 4.06 of the City Charter. (b) The Council will announce and advertise on the City's website and in the City's newspaper of record that applications are being accepted for a vacant position on Council. (c) A due date for applications to be submitted will be set. (d) Applicants must meet the qualifications for a Councilmember set forth in Section 4.02 of the City Charter. (e) Applications will be received by the City Secretary's office and distributed to all Councilmembers. (f) An interview date will be set and posted for a public meeting. (g) Interviews of prospective candidates will be held in a public forum by a quorum of Councilmembers. (h) Councilmembers will discuss, and appoint by majority vote, the new member of Council at either the same meeting as the interviews or at a subsequent Council meeting. 2 -13 -2018 Revised 4 (i) The Council is the final judge of whether a candidate is qualified to serve as a Councilmember as set forth in Section 4.03 of the City Charter. (j) Council reserves the right to alter this procedure at any time by resolution or rule. ARTICLE 6. ORDER OF BUSINESS 6.1 A_. eg nda. The City Manager and the City Secretary shall prepare an agenda for each meeting of the Council. Items may be placed on the agenda by the City Manager (or in his absence any Assistant City Manager), the Mayor, or any Councilmember, except that a Councilmember directing that an item or items be placed on an agenda must do so in open session, during a properly posted meeting of the Council. Items placed on the agenda by the City Manager (or in his absence any Assistant City Manager) may be removed only by the City Manager (or any Assistant City Manager) and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on an agenda by the Mayor may be removed only by the Mayor, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on the agenda by a Councilmember may be removed only by that specific Councilmember, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. (a) Information Required. Any item to be on the agenda must be provided to the City Manager pursuant to a procedure established and modified by the City Manager from time to time. Each item on the agenda must contain sufficient information so that full disclosure of the item to be addressed is present so as to alert the Council and the public of the topic to be considered. (b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all items for consideration in a format recommended by the City Manager. The name of the person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. (c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish the Mayor and each Councilmember a copy of the agenda, including the proposed ordinances, resolutions, petitions, notices, or other materials as required. Copies of attachments and background material will generally be provided for the initial presentation only and should be retained by the Mayor and the Councilmembers until such time as the item is finalized. (d) Copy Available to Public. A copy of the agenda, with or without attachments as determined by the City Manager, shall be made available to the public at City Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. 2 -13 -2018 Revised 5 (e) Order; Exception. The ordinances, resolutions, and other proposed actions shall be taken up and disposed of by the Council in the order listed in the agenda, subject to the right of the presiding officer to take up matters in a different order. 6.2 Communication to Mayor and Council. The City Manager shall provide the Council with a copy of each ordinance or resolution and appropriate analysis of items proposed to be acted upon by the Council at a meeting. These communications shall be delivered to the Mayor and Councilmembers along with the agenda. This information should also be retained by the Mayor and Councilmembers until such time as the item is finalized. Staff members, in making presentations to Council at a meeting of the Council, should endeavor to restrict their presentations to five (5) minutes, excluding responses to questions by the Mayor and /or Councilmembers. 6.3 Approval of Minutes. Minutes may be approved without public reading if the City Secretary has previously furnished the Mayor and each Councilmember with a copy thereof. 6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor and each Councilmember may bring before the Council any business that person believes should be brought up during the "Requests by Mayor and Councilmembers" and "Announcements by Mayor and Councilmembers" portions of the agenda. These matters need not be specifically listed on the agenda unless the person desiring to make a comment knows prior to posting of the agenda that he /she will make such comment. In response to an unposted comment, there (1) may only be a statement of factual information in response, (2) a recitation of existing City policy, or (3) discussion regarding a proposal to place the subject on the agenda for a subsequent meeting. 6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant City Manager) with respect to items believed to be non - controversial, the City Secretary shall place multiple items on a "Consent Agenda" portion of the agenda, subject to the right of the Mayor or any Councilmember to request at the meeting that any one or more of such items be removed from the Consent Agenda for individual consideration. First readings of ordinances shall in all events be posted for individual consideration and shall not be included on the Consent Agenda. ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be presented to the Council only in printed, typewritten, or electronic form. 7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City Manager or his designee. 7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form and legal content by the City Attorney, when requested by the Mayor or the City Manager. 2 -13 -2018 Revised 6 7.4 Funding. All actions authorizing an expenditure of money shall include the exact source of the funds to be expended. 7.5 Reading of Caption On1X. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 7.6 Ordinances —Two Readings; Emergencies. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next regular meeting, except that immediate action may be taken upon an emergency as determined by the Council in accordance the Charter or State law. 7.7 Recording; of Votes. The ayes and nays shall be taken upon the consideration of all ordinances and resolutions and shall be entered in the minutes of the Council. 7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise required by these Rules, the Charter, or State law, shall require the affirmative vote of four (4) Councilmembers who are present and eligible to vote. 7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as presiding officer shall not be restricted to voting only in the event of a tie. 7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance on second reading or on a single reading as an emergency, the City Secretary shall assign . a number to each ordinance or resolution within the records of the City. 7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and it shall be filed and thereafter preserved in the office of the City Secretary. ARTICLE 8. RULES OF DECORUM 8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the Council without first being recognized by the presiding officer. 8.2 Order. While the Council is in session, the Councilmembers must preserve the order and decorum of the meeting, and a Councilmember shall neither, by statement or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any other Councilmember while speaking or refuse to obey the orders of the presiding officer. Councilmembers are expected to remain on the dais during a Council meeting unless they have good cause to vacate. 8.3 Presiding Officer. The Mayor or the Mayor Pro -Tem or such other member of the Council who is serving as the presiding officer may participate in debate, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of such Councilmember acting as the presiding officer. Tf the presiding officer is engaged in debate and is, at the insistence of four (4) Council members, abusing the position of the presiding officer, the presiding officer must relinquish the chair to the 2 -13 -2018 Revised 7 Mayor Pro -Tem, or in his /her absence, to the next most senior Councilmember (by time of service on the Council) present. The Mayor Pro -Tem or such other member, other than the Mayor, who is serving as presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of the member acting as the presiding officer. 8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to Section 2.5 or 8.5, he /she shall avoid all references to personalities and indecorous language. 8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor or another Councilmember when speaking unless it is to raise a point of privilege (Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to withdraw a previously- stated motion (Section 9.8), or as otherwise provided in these Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the Councilmember so interrupted should cease speaking until the question is determined. ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions. A Councilmember, after he /she obtains the floor, or the Mayor may make a motion on the particular subject of discussion or a procedural point as permitted. A "Second" to the motion, if required, must be made by a Councilmember who did not make the motion within a reasonable but brief time period. The Mayor may not "Second" a motion. A motion or a "Second" merely implies that the maker of the motion and the person who "Seconds" agree that the motion should come before the meeting and not that he /she necessarily favors the motion. Without a "Second ", if required, the motion dies. 9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions (1 type). When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 2 -13 -2018 Revised 8 Affirmative May Resolved Vote by 4 Interrupt Second by Chair Council- 2/3 Motion Speaker Required Debatable Amendable No Vote members Vote A. Meeting Conduct Motions Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 2 -13 -2018 Revised 8 1. point of privilege yes no no no yes no no 2. point of procedure or order yes no no no yes no no 3. to appeal a ruling no yes yes no no yes no 4. to recess no yes yes yes no yes no B. Disposition Motions 5. to withdraw yes no no no yes no no 6. to postpone no yes yes yes no yes no 7. to refer no yes yes yes no yes no £1. to amend no yes yes yes no yes no 9. to limit or close debate or "call the question" no yes yes yes no no yes 10. to extend debate no yes yes yes no yes no 11. to count the vote no yes no no no no no C. Main Motions 12. to reconsider yes yes if original motion was debatable no no yes no 13. to rescind no yes yes yes no no yes 14. to take action no yes yes yes no Yes * ** no Mandatory if seconded; no vote required Unless a greater vote is required by the Charter or State Law 9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Councilmember to the presiding officer, drawing urgent attention to a need for persona] accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort, a matter of requested convenience, or an overlooked right of privilege that should have been accorded to the Councilmember(s). In essence, it is a call to the presiding officer for the purpose of assuring a Councilmember's convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. 9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. Mandatory if seconded; no vote required 2 -13 -2018 Revised 9 9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer's ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of four (4) Councilmembers is required. 9.7 To Recess. A motion to recess requests a brief interruption of the meeting's business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of four (4) Councilmembers is required. 9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his/her proposal. This is the maker's privilege; thus, it does not require a second. Because the withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because another Councilmember later can make a similar motion, a withdrawal motion is not subject to debate, amendment, or vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand —or a new issue. 9.9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Council to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and it is amendable (particularly as to postponement, timing), and an affirmative vote of four (4) Councilmembers is required. 9.10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section 9.1.4). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of -four (4) Councilmembers is required. 9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a 2 -13 -2018 Revised 10 second, and it is debatable and amendable. An affirmative vote of four (4) Councilmembers is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 9.12 To Limit or Close Debate or "Call the Question ". Because the extent to which an issue is discussed rests primarily with discretion of the presiding officer, it is the presiding officer who carries the burden of ensuring that adequate time and discussion are given to differing points of view. A motion to limit or close debate is therefore an overruling of the presiding officer's determination. A motion to close debate is the same as a motion to "call the question ". Because this motion affects the most fundamental right of any Councilmember, the right to speak one's views, it is the only procedural motion that requires an affirmative vote of two - thirds of participants voting. 9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It represents the right of a Councilmember to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. Upon completion of the count, the presiding officer announces the result —and final disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required. 9.1.4 Motion to Reconsider. Allows a main motion to be brought back before the City Council for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the City Council, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the Mayor does not state the question on the reconsideration until the immediately pending business is completed. 9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the City Council and must be made at the same meeting at which the subject matter of the motion was considered, and it requires a two - thirds vote of the City Council members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the City Council cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 2 -13 -2018 Revised I I 9.16 To Take Action, Motions. Main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of four (4) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. 9.17 Effect of Abstentions; action on required Abstentions; Effect of non - required Abstentions. The following rules shall apply when a Council Member abstains from voting on an item: When the Council Member is Legally gated to Abstain. When a Council Member is legally obligated to abstain from voting pursuant to Texas Local. Government Code Chapter 1.71, a local ordinance or the City Charter then the Council Member shall leave the dais and exit City Council Chambers until such time as the debate and vote on the item has been concluded. The City Secretary shall record that the Council Member left the room and abstained from the vote in the official minutes and there shall be no other effect. When the Council Member as no Legal Obligation to Abstain from Voting_ When a Council Member has no legal obligation to abstain from voting then an abstention shall be recorded in the minutes as an abstention and shall procedurally be treated as a "no" vote. ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning. All persons other than a recognized speaker shall, at the request of the presiding officer, be silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer may order the person to leave the meeting. The Chief of Police, or such member or members of the Police Department or other persons as the presiding officer may designate, shall be sergeant -at- arms of the Council meetings. If the person so requested does not leave the meeting, the presiding officer may order the sergeant -at -arms to remove such person. 1.0.2 Removal. Any designated sergeant -at -arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant -at -arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council (or successor provision of law). 10.3 Resisting; Removal. Any person who resists removal by the sergeant -at -arms shall be charged with violating Section 42.05 (a) of the Texas Penal Code. 2 -13 -2018 Revised 12 10.4 Motions to Enforce. Any Council member may move to require the presiding officer to enforce these Rules and the affirmative vote of a majority of the Councilmembers present and eligible to vote shall require the presiding officer to do so. 1.0.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of the individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular or a special meeting or, subject to State law, may be recessed to a set time and date. ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees. The Council may create committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the Charter, the Code of Ordinances, or State law. Membership and selection of members shall be as determined by the Council if not specified by the Charter, the Code of Ordinances, or State law. No person may concurrently serve on more than one Board unless, by virtue of his/her position on the Council, he /she also holds a position on another Board. Persons related within the second degree by affinity or consanguinity to the Mayor or any member of the Council shall not be eligible to serve on a standing committee. No standing committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter, the Code of Ordinances, or State law. 1.1.2 Special Committees. The Council may, as the need arises, authorize the appointment of "ad hoc" Council committees. Except where otherwise specifically provided by the Charter, the Mayor and the City Council shall appoint the members of the special committees. Any committee so created shall be given a "mission statement" directing its activities. Any special committee shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Councilmembers present and entitled to vote. ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2 Manner of Addressing the Council — Time Limit. Each person addressing the Council shall speak at the podium into the microphone (or at another designated Location), shall give his /her name and address in an audible tone of voice for the record, and, unless further time is granted by the Council, shall, subject to Section 12.4 below, limit his/her remarks to three (3) minutes or less. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. No person, other than members of the Council or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council, unless requested or approved by the presiding officer. No 2 -13 -2018 Revised 13 questions shall be asked the Councilmembers, except through the presiding officer. Responses to questions may be limited as required by State law. 12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Council or otherwise while in attendance at a Council meeting, may be requested to leave the meeting, pursuant to Article 1.0 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 1.2.4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 12.2 above) interested persons may speak, subject to the Councilmembers' right to appeal the presiding officer's ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 12.5 Written Communications. Interested persons, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Councilmembers. 1.2.6 Hearing of Residents. There shall be included on the agenda of each City Council meeting an item labeled "Hearing of Residents ". After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Council on items on or not on the agenda at that time, providing they have completed the "Hearing of Residents" form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Council prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for "Hearing of Residents" must speak during the "Hearing of Residents" portion of the meeting. Councilmembers and members of City staff may not discuss unposted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section 12.2, unless otherwise authorized by the presiding officer. ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information. The City Manager is directly responsible for providing information to all the Councilmembers concerning any inquiries by a specific 2 -13 -2018 Revised 14 Councilmember. If the City Manager or his staff's time is being dominated or misdirected by a Councilmember, it is his responsibility to inform the Mayor or the Council as a whole. 13.2 City Manager's Responses to Requests. The City Manager is expected to respond in a timely manner to the Council and Councilmember's requests. When information is requested, the City Manager will estimate a reasonable time frame for collecting the requested information. (a) If the City Manager disagrees with the request, he should say so and explain his position. (b) If the City Manager disagrees with individual directives, he should initiate clarification of the Council's will with regard to the individual Councilmember's request. (c) The City Manager may delegate responsibility for the response as necessary and appropriate, but the City Manager will be responsible for its receipt by the Council in a timely manner. (d) The City Manager should maintain a checklist and timetable for requests and other directives of the Council. (e) All Councilmembers will be provided the same written information when any matter under consideration may be of general concern to the Council. There will be no preferential dissemination of information by the City Manager or his staff. 13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a consensus of the Councilmembers present will be required to direct the City Manager to take any action. 1.3.4 City Manager's Duty to Inform. The City Manager is responsible for keeping the Council informed. The Council should be provided weekly reports outlining progress on outstanding issues as well as information on new issues and opportunities. Additionally, the Council should be informed of City news prior to release of such information to the community, newspaper(s), or other governmental entities, etc. 13.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures for handling customer concerns in all departments with prompt feedback to citizens and Councilmembers. 1.3.6 City Manager /Council Relations. The City Manager should strive to maintain positive relations with the Council by following these guidelines: (a) Work to establish mutual trust with the Council. (b) Maintain open lines of communication with the Council and keep Council informed. 2 -13 -2018 Revised 15 (c) Inform all Councilmembers of educational opportunities, recognizing that an educated Council is in the City's best interest. (d) Include the Council in City- sponsored employee social events. (e) Conduct orientation sessions for new Councilmembers, including a tour of City buildings and introductions to staff. Amended: February 13, 2018 2 -13 -2018 Revised 16 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: February 27, 2018 Department: Planning & Community Development Subject: Ordinance No. 18 -5 -07 — Conduct a public hearing, consideration and/or action to zone approximately 7 acres of land from to Single - Family Residential. District-] (R -l) located approximately 3,000 feet southeast of the intersection of Homestead Parkway and Somervell. (Final Reading) BACKGROUND The Schertz City Council approved a boundary adjustment agreement with the City of Cibolo on November 14, 2017. This agreement adjusted the city limit boundaries of both cities so that the new boundary would run alongside the proposed east /west collator roadway. Due to the adjustment in the boundaries, the subject area was brought into the City of Schertz and does not have zoning. Based on the Comprehensive Land Use Plan, staff is proposing to zone this area as Single - Family Residential District - 1 (R -1). The property owner has expressed a desire to rezone this property in the future to match the Homestead Planned Development District however is not ready at this time to do so. Public hearing notice was published in the San Antonio Express News on January 24, 2018. Three (3) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject properties on December 29, 2017, prior to the Planning & Zoning Commission meeting that took place on January 10, 2018. At the time of this staff report, staff has received no responses. The Planning and Zoning Commission conducted a public hearing on January 10, 2018 at which time there was one citizen comment from a property owner adjacent to the subject area who asked for clarification of the zoning area and notice that was sent out. Goal The proposed zoning is for approximately 7 acres of land to be zoned Single - Family Residential District -1 (R -1) located approximately 3,000 feet southeast of the intersection of Homestead Parkway and Somervell. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. City Council Memorandum Page 2 Summary of Recommended Action The Comprehensive Land Use Plan (CLUP) through the Future Land Use Plan designates the subject property as Single - Family Residential. The objectives for Single Family Residential is to encourage a mix of residential uses as well as limited commercial development to support the daily activities of the development. • Comprehensive Plan Goals and Objectives: The proposed zoning is generally in conformance with the goals and objective of the Comprehensive Plan. • Impact of Infrastructure: The proposed zoning should have a minimal impact on the existing and proposed water and wastewater systems. • Impact of Public Facilities /Services: The proposed zoning should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is generally surrounded by single family land uses. FISCAL IMPACT I�►�Cii T-a RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on January 10, 2018 and provided a unanimous recommendation of approval. Staff recommends approval of the proposed zoning to Single - Family Residential District - 1 (R- 1), based on the goals and objectives of the Comprehensive Land Use Plan and the existing land use conditions. ATTACHMENT Ordinance No. 18 -S -07 Exhibit Notification Map ORDINANCE NO. 18 -S -07 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 7 ACRES OF LAND TO SINGLE - FAMILY RESIDENTIAL DISTRICT -1 (R -1). WHEREAS, it is the City's desire to zone approximately 7 acres of land generally located approximately 3,000 feet southeast of the intersection of Homestead Parkway and Somervell, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property "); and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on January 10, 2018, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning; and WHEREAS, on February 1.3, 2018 . the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Single - Family :Residential District -1 (R -1). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 13th day of February, 2018. PASSED, APPROVED AND ADOPTED on final reading the 27th day of February, 2018. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Page 7 �L'II3 Page 11 Page 12 911212017 c l : 1 inch" ' 1, feet 5.22 AC nd TWA + 52017// wv ,226585:'.kr. U49.01,T4aa C?C� ? ft. Page 13 IY -I- vll' IN \� /��' / , 1 , i ... ....... 7 ...... .... ... .......... . -'�` OOF vj 00, R, PROPOSED AREA TO BE C/TY F j TRANSFERRED FROM CITY OF CIBOLO TO CITY OF SCHERTZ SCHERTZ C17-Y 01c S PROPOSED AREA TO BE PROPOSED AREA TO BE TRANSFERRED FROM TRANSFERRED FROM CITY OF CITY OF SCHERTZ TO C/ 7-y 0,p CIBOLO TO CITY OF SCHERTZ CITY OF CIBOLO OLO i anmw N W f Aftwomm a I M 111UTIM a rqwffwA a WWWRO W a --.2100001000 i' HOMESTEAD CITY LIMIT TRANSFER EXHIBIT lll--._,__ �I, Vii;; i LEGEND 0 j 23 0 200' 6666WENNIn SCALE: 1" = 200' "0 BE ZOM 'TO D C17-YOF,3 C/ /EAR 7z . . ..... .. C/ 7-y OF C18 0L 0 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 EXISTING CITY LIMITS LINE ■ PROPOSED CITY LIMITS LINE PROP. ROW ----------- PROP. UNIT LINE PROP. AREA TO BE TRANSFERRED TO CITY OF SCHERTZ PROP. AREA TO BE TRANSFERRED TO CITY OF CIBOLO j 23 0 200' 6666WENNIn SCALE: 1" = 200' "0 BE ZOM 'TO D C17-YOF,3 C/ /EAR 7z . . ..... .. C/ 7-y OF C18 0L 0 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 NW= GREEN - VALLEY RN w (64067) SCHIENTZ COMMUNITY-SERVICE - OPPORTUNITY Last Up date: December20,2017 CRY bf G IS SNht BI I I Glld I, t2IS) B 114185 City of Schertz 1100F O� N _11 E 9 S 200 400 800 1,200 1,600 -Weet CITY COUNCIL MEMORANDUM City Council Meeting: February 27, 2018 Department: BACKGROUND Agenda No. 4 Planning & Community Development Ordinance No. 18 -S -08— Conduct a Public Hearing, consideration and/or action on an amendment of Part III, Schertz Code of Ordinances, Unified Development Code (UDC), Article 9, Section 21.9.9 Tree Preservation and Mitigation. (Final Reading) As stated in the UDC, City Council from time to time, on its own motion, or at the recommendation of City Staff make amendments to change or modify the text of any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. Based on changes in development it has becomes necessary to update the UDC. The most recent major update to the Tree Preservation and Mitigation section was in 2010. As Staff has worked with this section since 2010, there have been areas identified which are unclear and parts that possibly contradict other requirements in the section. Staff held multiple workshops with the Planning and Zoning Commission (December 13, 2017 . and January 10, 2018) to discuss and work through the revision to this section. The Planning and Zoning Commission conducted the public hearing on January 24, 2018. At this meeting the Commissioners asked for a clarification to be added to the tree survey requirements regarding how trees are measured and had discussion regarding the undesirable trees list in UDC Sec.21.9.7. Staff also explained that they would be keeping a close eye on how many waivers were being requested and would bring any amendments back to the Planning and Zoning Commission for review if needed. This amendment was drafted by Planning Staff. Public hearing notice was published in the San Antonio Express News on January 24, 2018. City Council Memorandum Page 2 Goal Staff is proposing to amend UDC Sec.21.9.9 Tree Preservation and Mitigation with the goal to provide clarity to the requirements and add flexibility to tree preservation and mitigation as well as update the UDC to be in conformance with changes in State law. 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 proposed amendment also provides clarity and flexibility to the Tree Preservation and Mitigation section of the UDC. Summary of Recommended Action Staff is proposing to update this section of the UDC with the following major amendments: • The term "Class" has been added to every reference to Protected and Heritage trees in order to provide additional clarity. • The measurement for Diameter at Breast Height (DBH) has been updated to 4'/z feet above ground level to be consistent with industry standards and State law. • Created an exemption from preservation requirements only for Heritage Class trees located within a utility easement. • Created an exemption from preservation and mitigation requirements for Protected Class trees that are of a species listed on the Undesirable Trees list in UDC Table 21.9.7F. • Created an exemption from preservation and mitigation requirements for Protected Class and Heritage Class trees located on property with an existing one - family or two - family dwelling that is occupied. • Change in references for consistency from "Director of Parks, Recreation and Community Service" to "City Manager or his/her designee" • Change in the minimum replacement tree size from 3 inches to 2 '/z inches to be consistent with UDC Sec.21.9.7 Landscaping. • Updated Tree Preservation Credits to provide additional clarity on how tree credits calculated and used. • Removed the section from "Criteria for Tree Removal Permit" • Created the ability for an administrative waiver to mitigation fees for Heritage Class trees in specific circumstances. Additionally created the ability for an administrative waiver to the 25% preservation requirement. Waiver must meet the following criteria in order to be approved: • Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees or windbreaks; • The requested waiver does not violate the intent of this section or the UDC; • Strict interpretation of the provisions of the section would deprive the applicant of rights commonly enjoyed by other nearby properties in the same zoning district or with the same land use that would comply with the same provisions; City Council Memorandum Page 3 o A reasonable effort to preserve the tree has been made and reasonable alternatives have been evaluated and determined to not be feasible. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission offered a recommendation of approval with a vote of 5 -1. No reason was specifically given for the dissenting vote. Staff recommends approval of Ordinance 1.8 -S -08 an amendment to the Unified Development Code (UDC), Article 9, Section 21.9.9 Tree Preservation and Mitigation, in order to provide needed flexibility and added clarification. ATTACHMENT Ordinance 18 -S -08 Redlines for UDC Sec.21 .9.9 ORDINANCE NO. 18 -S -08 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 9, SECTION 21.9.9 TREE PRESERVATION AND MITIGATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain revision and updates to, and reorganization of, the Current UDC; WHEREAS, on January 24, 2018 the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on February 1.3, 2018 . the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendments are appropriate and in the interest of the public safety, health and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current UDC is hereby amended as set forth on Exhibit A hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 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. Approved on first reading the 13th day of February, 2018. PASSED, APPROVED AND ADOPTED on final reading the 27th day of February, 2018. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A Unified Development Code Article 9 Section 21.9.9 Tree Preservation and Mitigation See Attached See. 21.9.9. - Tree Preservation and Mitigation. A. Purpose and Intent. 1. The purpose of this section is to conserve, protect and enhance existing healthy trees and natural landscape. It is recognized that the preservation of existing trees contributes to the overall quality and environment of the City. Trees can and do contribute to the processes of purification, oxygenation, regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and dust control, abatement of noise, provision of wildlife habitat and enhancement property values. Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited. 2. It is hereby declared the intent of the City to encourage the preservation of all trees within the City limits. While the layout of a property with respect to the placement of buildings, parking facilities and other site requirements is at the discretion of the developer of the property, it is the policy of the City to promote site layout and design in a manner which preserves the maximum amount of Protected Class and Heritage Class trees possible. B. Applicability and Exemptions. 1. The provisions of this section are applicable to the following: a. all new residential and nonresidential development within the City except public schools; b. redevelopment of any residential or nonresidential property within the City that results in an increase in the building footprint or the total destruction and reconstruction except public schools; c. any grading, filling or clearing of land in the City limits; and d. any selective or individual removal of any Protected Class or Heritage Class Tree in the City limits. 2. The following definitions shall be applicable to the provisions of this section: a. Protected Class Trees. Trees having a DBH (diameter at breast height measured four and one half feet above existing ground level) between eight inches (8 ") and less than twenty -four inches (24 ") are designated as "Protected Class Trees ". b. Heritage Class Trees. Trees having a DBH greater than or equal to twenty -four inches (24 ") are designated as "Heritage Class Trees ". c. Damage. Damage shall be considered any injury to a tree including, but not limited to: 1. uprooting; ii. severance of the root system or main trunk; iii. storage of topsoil, construction materials, debris or chemicals within the drip line area; iv. compaction of soil within the drip line area; v. a substantial change in the natural grade above a root system or within the drip line area; vi. pruning or removal of more than twenty -five percent (25 %) of the living tissue; or vii. Paving with concrete, asphalt or other impervious material within the drip line area. Tree grates or tree wells may be provided to preserve pervious surface within the drip line area. 3. The following are exempt from the preservation, mitigation and permitting requirements of this section: a. Protected Class Trees located within the area of a proposed on -site sewage facility (OSSF) (A waiver to mitigation for Heritage Class trees may be requested) ; b. Protected Class and Heritage Class Trees located within a right -of -way to be dedicated to and maintained by the City and shown on the City's Master Thoroughfare Plan; c. Protected Class Trees located within any utility easement, Heritage Class Trees located within any utility easement are exempt from preservation requirements only (A waiver to mitigation for Heritage Class trees may be requested); d. Protected Class and Heritage Class trees damaged or destroyed by floods, fire, wind or other natural causes; e. Dangerous, diseased, damaged, dead or dying Protected Class or Heritage Class trees as determined by a tree survey and a letter from a certified Texas Arborist; provided, notwithstanding the title of this section, ; and f. Protected Class trees from the Undesirable Trees list in UDC Table 21.9.7F. (A waiver to mitigation for Heritage Class trees may be requested) g. Protected Class and Heritage Class trees located on property that has an existing one family or two- family dwelling that is occupied. h. Protected Class and Heritage Class trees of the following exempted tree species: Table 21 .9.9 Exempted Trees Common Name Scientific Name ... �a. Hackberry .m _... ? Celtis occidentalis Eastern Red Cedar Juniperus virginiana Common Ashe Juniper Juniperis ashei ...w...w...w...w...w...w.. Chinaberry . ._...................................... Melia azedarach Mesquite Prosopis spp. Ligustrum Ligustrum spp. C. Tree Preservation. The existing natural landscape character, especially native oaks, elms, and pecan trees, shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in section 21.9.9.B3. above, a tree removal permit is required for the removal of any tree with a DBH greater than eight inches. 1. Protected Class Trees. Any Protected Class Trees not exempt from preservation in section B.3. above may be removed upon approval of a Tree Removal Permit by the City Manager or his /her designee. Any decision of the City Manager or his /her designee regarding a tree removal permit may be appealed to the BOA in accordance with section 21.4.14 of this UDC. 2. Heritage Class Trees. Any Heritage Class Trees to be removed may be removed upon approval of a Tree Removal Permit by the City Manager or his/her designee. Any decision by the City Manager or his /her designee regarding a tree removal permit may be appealed to the BOA in accordance with section 21.4.14 of this UDC. 3. Minimum Preservation. In the development of any site, at least twenty -five percent (25 %) of all mitigatable Protected Class and Heritage Class trees must be preserved. (A waiver to the 25% preservation requirement may be requested) D. Tree Mitigation. Any trees that are removed or damaged as a result of the approval of a Tree Removal :Permit shall be mitigated for on the same site as the proposed development. The species of trees planted for mitigation purposes may not include those listed as exempt in subsection 21.9.9.13.3. above nor any of the undesirable trees identified in table 21.9.717. All trees planted for mitigation purposes must be a species of shade tree identified in table 21.9.7A. In the event that mitigation is not feasible on the same site as the proposed development, an applicant may request to donate trees, meeting the mitigation requirements of this section, to be planted at public parks, schools, or other approved public facilities throughout the City or provide a fee -in- lieu of payment which will be used to place trees at public parks, schools, or other approved public facilities throughout the City. Tree mitigation funds may also be utilized to install irrigation, to repair or remove damaged or destroyed trees, to preserve and protect existing Protected Class and Heritage Class trees and to purchase equipment for the preservation or protection of existing trees. Mitigation requirements are: 1. Protected Class Trees. Protected trees shall be mitigated at a one -to -one (1:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two and one half inches (2.5"). 2. Heritage Class Trees. Heritage Class trees shall be mitigated at a three -to -one (3:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two and one half inches (2.5 "). 3. Damaged Trees. Any trees that are designated for preservation and are damaged during the construction process or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for in accordance with subsection 21.9.9.D.1. and D.2. above. 4. Mitigated Trees. Trees planted and counted towards the necessary mitigation requirements that are damaged after planting or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for at a one -to -one (1:1) DBH inch ratio for every tree damaged or that dies. E. Tree Protection Standards. 1. All trees to be preserved on site shall be protected from damage caused by site excavation or construction in accordance with the following: a. All trees shall be protected by a fence, frame or box constructed around the drip line of the preserved tree. Protection measures may not be removed until construction is complete. b. A minimum of three inches (3 ") of mulch or compost shall be spread beneath the drip line of the preserved tree. c. No person shall excavate any ditches, tunnels, or trenches, place any paving material or place any drive or parking area within the drip line of any Protected Class or Heritage Class Tree without prior written approval of the City Manager or his/her designee at the time of Site Plan approval. d. No person shall attach any rope, wire, nails, advertising posters or other contrivance to any Protected Class or Heritage Class Tree. 2. It is the intent of the City to control and prevent the spread of Oak Wilt. a. If any oak tree is wounded by intentional damage or pruning or as a result of natural causes, the damaged area shall be immediately treated with tree wound dressing. b. All necessary and reasonable efforts shall be given during the permitted removal of any trees to utilize best known practices to prevent the spread of Oak Wilt disease to any other surrounding trees. F. Tree Preservation Credits—Nonresidential and Multifamily Developments. To encourage the preservation of existing Protected Class or Heritage Class Trees contained within a proposed development, tree preservation credits may be requested to reduce the amount of new trees required on nonresidential and multifamily sites. Tree preservation credits can be issued for landscape buffer requirements when the tree being preserved is located within the buffer. Tree preservation credits can be issued to satisfy total trees per acre requirements of UDC Sec.21.9.7.E.2.The following minimum tree preservation credits may be requested: 1. Protected Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a one -to -one (1:1) caliper inch ratio; 2. Heritage Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a three -to -one (3:1) caliper inch ratio; G. Tree Survey Required. Every application for a final plat for residential development or Site Plan for nonresidential and multifamily development shall be accompanied by a tree survey that includes the following information: 1. total number of DBH caliper inches of Protected Class and Heritage Class on the site; 2. total number of DBH caliper inches of Protected Class and Heritage Class to be removed; and 3. total number of DBH caliper inches of Protected Class and Heritage Class to be preserved. H. Tree Removal. Permit. A tree removal permit is required for the removal of any Protected Class or Heritage Class trees not exempt in section 21.9.9.B.2. above. The permit must be accompanied by an appropriate application and shall contain a tree preservation plan showing the following: 1. existing /proposed topography; 2. location of property lines, easement, rights of ways, setbacks, parking areas and sidewalks; 3. location, species and size (in DBH) of each Protected Class and Heritage Class Tree, except those trees exempted by section 21.9.9.B.2.f. above; 4. a tree inventory that summarizes the following: a. total number of DBH caliper inches on the site; b. total number of DBH caliper inches to be removed; c. total number of DBH caliper inches to be preserved; d. location of any proposed tree mitigation; e. any proposed tree preservation credits; and 5. a summary of the tree protection methods to be utilized. 1. Waiver 1. General The City Manager or his /her designee may authorize waivers from the provisions of this Article when, in their opinion, undue hardship will result from requiring strict compliance. Waivers may be granted only to items specifically stated in this section. Waivers must meet one of the following eligibility requirements: a. The tree is proposed for removal in order for the property to achieve compliance with other applicable City requirements and standards (i.e. site design or storm water management); or b. The tree is proposed for removal because it is within a future public utility location. 2. Criteria for approval Waivers shall be evaluated using the following criteria: a. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees or windbreaks; b. The requested waiver does not violate the intent of this section or the UDC; c. Strict interpretation of the provisions of the section would deprive the applicant of rights commonly enjoyed by other nearby properties in the same zoning district or with the same land use that would comply with the same provisions; d. A reasonable effort to preserve the tree has been made and reasonable alternatives have been evaluated and determined to not be feasible. 3. Any decision of the City Manager or his /her designee regarding waivers to the provisions of this section may be appealed to the Planning and Zoning Commission. When considering an appeal, the Planning and Zoning Commission shall consider the same standards as the City Manager or his /her designee as outlined above. Sec. 21.9.9. - Tree Preservation and Mitigation A. Purpose and Intent. 1. The purpose of this section is to conserve, protect and enhance existing healthy trees and natural landscape. It is recognized that the preservation of existing trees contributes to the overall quality and environment of the City. Trees can and do contribute to the processes of purification, oxygenation, regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and dust control, abatement of noise, provision of wildlife habitat and enhancement property values. Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited. 2. It is hereby declared the intent of the City to encourage the preservation of all trees within the City limits. While the layout of a property with respect to the placement of buildings, parking facilities and other site requirements is at the discretion of the developer of the property, it is the policy of the City to promote site layout and design in a manner which preserves the maximum amount of Protected Class and Heritage Class trees possible. B. Applicability and Exemptions -. 1. The provisions of this section are applicable to the following: a. all new residential and nonresidential development within the City except public schools; b. redevelopment of any residential or nonresidential property within the City that results in an increase in the building footprint or the total destruction and reconstruction except public schools; c. any grading, filling or clearing of land in the City limits; and d. any selective or individual removal of any Protected_C,1ass or Heritage Class Tree in the City limits. 2. The following definitions shall be applicable to the provisions of this section: a. Protected Class Trees. Trees having a DBH (diameter at breast height measured four and one half feet- -above existing ground level) between eight inches (8 ") and less than twenty -four inches (24 ") are designated as "Protected Class Trees ". b. Heritage Class Trees. Trees having a DBH greater than or equal to twenty -four inches (24 ") are designated as "Heritage Ciass_Trees ". c. Damage. Damage shall be considered any injury to a tree including, but not limited to: i. uprooting; ii. severance of the root system or main trunk; iii. storage of topsoil, construction materials, debris or chemicals within the drip line area; iv. compaction of soil within the drip line area; v. a substantial change in the natural grade above a root system or within the drip line area; vi. pruning or removal of more than twenty -five percent (25 %) of the living tissue; or vii. Paving with concrete, asphalt or other impervious material within the drip line area. Tree grates or tree wells may be provided to preserve pervious surface within the drip line area. 3. The following are exempt from the preservation, mitigation and permitting requirements of this section: a. Protected Class Trees located within the area of a proposed on -site sewage facility (OSSF)�A waiver to aniti atg ion for Ht ritage Class trees may lac request; b. Protected Class and Heritage Mass Trees located within aright -of -way to be dedicated to and maintained by the City and shown on the City's Master Thoroughfare Plan; c. Protected .0 lass Trees located within any utility easement, lleritage_C1, s Trees Ideated within an is easement are exempt frown preservation requirements only_(A waiver to mitigation for Heritace Class trees maybe requested); d. Protected Class end Ierita e Gtass trees damaged or destroyed by floods, fire, wind or other natural causes; e. Ddangerous, diseased, damaged, dead or dying Protected Class or Heritage Class trees as determined by a tree survey and a letter from a certified Texas Arborist; provided, notwithstanding the title of this section, a4 -it% -1 4+ee -, nom -ef4fe€s; and f. Protected Class trees from the Undesirable [`zees list in UDC Table 21 9.7F, A waiver to rnrttt anon far 4jerrtae Class trees may be re nested e. Protected Class and Heritage Class trees located on property that has an existing- one famiiy_or two- famiiy_ cite ell ing_that_is occup ed, b €. Protected Class and Tier ita e Class trees of the following exempted tree species Table 2199 Exempted Trees Common Name .... _ . - _.._. - _.._. - _.._. - Scientific Name ........_ ... ,._ ...... , Hackberry Celtic occidentalis Eastern Red Cedar . _ ..._ — ,.. Juniperus virginiana ..... ®... _ _ ......_ Common Ashe Juniper Juniperis ashei Chinaberry Melia azedarach Mesquite _.0 .. ®. ...... ... ..__ Prosopis spp. _.. ....... _ ._ ... _ _ .. Ligustrum Ligustrum spp. � A�� rn�•,- ; °ge *,. _,-��. �� ' �i:h t°��; provrsaons- -�-. C. Tree Preservation. The existing natural landscape character, especially native oaks, elms, and pecan trees, shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in section 21.9.9.B.3. above, a tree removal permit is required for the removal of any tree with a DBH greater than eight inches. 1. Protected - Class Trees. Any Protected Class Trees not exempt from preservation in section B.3. above may be removed upon approval of a Tree Removal Permit by the City Manager or his/her deligneeD re 1'n s, ra , ca° d r y A uaes_ An decision of the Chy Manager or his/her des gr_re e Diree-tor -of -Parks e- fatten -and (;offH+H+a#y-SerA4ees regarding a tree removal permit may be appealed to the BOA in accordance with section 21.4.14 of this UDC. 2. Heritage Class Trees. Any Heritage Class Trees to be removed may be removed upon approval of a Tree Removal Permit by the °;-cct tea, rs,R,,��atmrty Se+viees City_Manager or his /her designee. Any decision by the City ilanagcr or his/her. regarding a tree removal permit may be appealed to the BOA in accordance with section 21 .4.14 of this UDC. Ail ti'-i�gt— Fr£' -e.i .nrrm- oexc''�'d-t43-mE,-erz rr �ercrrn. - e-e- crmrc-ni£�rc- s- cn -cm�-7 -rmn.; 3. Minimum Preservation. In the development of any site, at least twenty -five percent (25 %) of all miti gtable Protected Class and Heritage Class trees (ineh ng'hos wit" DPI , t 4ne=ws-(81+er4ess must be preserved. j r� waiver tcl the 25% preservmt on requirement may be requested) D. Tree Mitigation. Any trees that are removed or damaged as a result of the approval of a Tree Removal Permit shall be mitigated for on the same site as the proposed development. The species of trees planted for mitigation purposes may not include those listed as exempt in subsection- subse-etion 21.9.9.13.3. above nor any of the undesirable trees identified in table 21.9.7F. All trees planted for mitigation purposes must be a species of shade tree identified in table 21.9.7A. In the event that mitigation is not feasible on the same site as the proposed development, an applicant may request to donate trees, meeting the mitigation requirements of this section, to be planted at public parks, schools, or other approved public facilities throughout the City or provide a fee -in -lieu of payment which will be used to place trees at public parks, schools, or other approved public facilities throughout the City. Tree mitigation funds may also be utilized to install irrigation, to repair or remove damaged or destroyed trees, to preserve and protect existing Protected Class and Heritage Class trees and to purchase equipment for the preservation or protection of existing trees. Mitigation requirements are: 1. Protected Class Trees. Protected trees shall be mitigated at a one -to -one (1:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of €hreetwo and one half inches (425 "). 2. Heritage Class _Trees. Heritage Class-trees shall be mitigated at a three- to-one (3:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of thffttwo and one half inches2.5" . 3. Damaged Trees. Any trees that are designated for preservation and are damaged during the construction process or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for in accordance with subsection 21.9.9.D.1. and D.2. above. 4. Mitigated Trees. Trees planted and counted towards the necessary mitigation requirements that are damaged after planting or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for at a one -to -one (1:1) DBH inch ratio for every tree damaged or that dies. E. Tree Protection Standards. 1. All trees to be preserved on site shall be protected from damage caused by site excavation or construction in accordance with the following: a. All trees shall be protected by a fence, frame or box constructed around the drip line of the preserved tree. Protection measures may not be removed until construction is complete. b. A minimum of three inches (3") of mulch or compost shall be spread beneath the drip line of the preserved tree. a. No person shall excavate any ditches, tunnels, or trenches, place any paving material or place any drive or parking area within the drip line of any Protected Class or Heritage Class Tree without prior written approval of the City Manager or his/her designee at the time of Site Plan approval. d. No person shall attach any rope, wire, nails, advertising posters or other contrivance to any Protected Class or Heritage Class Tree. 2 dig 'n�a;tc •ae. t#e safety, gt�od o d a gl welfare and eon }v etseo e�f the pull : It is the intent of the City to control and prevent the spread of Oak Wilt. a. If any oak tree is wounded by intentional damage or pruning or as a result of natural causes, the damaged area shall be immediately treated with tree wound dressing. b. All necessary and reasonable efforts shall be given during the permitted removal of any trees to utilize best known practices to prevent the spread of Oak Wilt disease to any other surrounding trees. 1. Protected _Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a one -to -one (1:1) caliper inch ratio; 2. Heritage Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a three -to -one (3:1) caliper inch ratio; of . @tto a La 'ems a 4 .., t �3 ,a,t. �cczv- cc-aii%-,. ra�crS-cce,��ircc� -sic -vase .- z.- r-s,"gizni er- ar� *srscri-sxri-eecx-derce.-cr%. G. Tree Survey Required. Every application for a final plat for residential development or Site Plan for nonresidential and multifamily development shall be accompanied by a tree survey that includes the following information: 1. total number of.DBl_caliper inches crf Protected_Cla_ss and 1)_eritageflass on the site; 2. total number of DB 1 caliper inches of Protected Class and heritage Class to be removed; and 3. total number of DBH caliper inches of Protected Class and Herita e Class to be preserved. H. Tree Removal Permit. A tree removal permit is required for the removal of any Protected Class or Heritage Class Ttrees not exempt in section 21.9.9.13.2. above. an44nuU44n4y4evelopment7 The permit must be accompanied by an appropriate application and shall contain a tree preservation plan showing the following: 1. existing /proposed topography; 2. location of property lines, easement, rights of ways, setbacks, parking areas and sidewalks; 3. location, species and size (in DBH) of each Protected Class and Heritage Class Tree, except those trees exempted by section 21.9.9.B.2.f. above; 4. a tree inventory that summarizes the following: a. total number of DBH caliper inches on the site; b. total number of DBH caliper inches to be removed; c. total number of DBH caliper inches to be preserved; d. location of any proposed tree mitigation; and e. any proposed tree preservation credits; and 5. a summary of the tree protection methods to be utilized. -fear-theTl Y-40 ffehit-ve affrnplif Rree- with otllff The pity �fana er or hzslher deli n ee may autharie waivers fram t}se provisions of this Article when, in their apinian, undue hardship will resazlt from requirin = s€ trio cx wipliance. Waivers ni y--jje-giLan(qd fly -�jnl --!Q-i niss figffly stated in this section. pqqL ---------- Waivers must meet one of the fbllQwin&eligibility .__qqL e m ents" _a. Theltsee is sed for removal in order for the compliance _pyqM� -property LoAchipye-cm -ji with other applicable City requirements and standards (i.e, site design or storm water mallaLyenj eat hor b, The tree is proposed for removal because it is within a future Lk Ii uti Ily location, 2. Criteria for approval Waivers shall be evaluated using the followi riterur nu-c- a, Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters. protection of adjacent trees or windbreaks; b, The requested waiver does not violate the intent of this section or the UDC� c, Strict interpretation of the provisions of the section would deprive the Applicant of rights commonly emoved by other nearby properties in the same zgjjin� district or with the sarne land use that would cornplywn the saute d. A reasonable effort jqpreserve the tree has been made and reasonable alternatives have been evaluated and determined to not be feasible. 4- visions of this sect When ciomid nWngaatd 7onint Commission shall considgrthe same standards as the City Manawr or his/her designee as outlined above. City Council Meeting: Department: Subject: Agenda Item 5 0111 &WOU11104 1aU 1 DIU [o7 710 Rod February 27, 2018 Parks & Recreation Resolution No. 18 -R -23 — A Resolution authorizing expenditures not to exceed $131,500 per fiscal year, and not to exceed $263,000 cumulatively over the two year contract terms, for landscape maintenance of medians, parkways, and public grounds. (B. James, L. Shrum) The City of Schertz Parks, Recreation, and Community Services Department began contracting out mowing services for the city's campuses and medians (administration, library, fire stations, Schertz Parkway, etc.) several years ago. After careful analysis by staff, it was determined that more properties could be contracted out for mowing and landscaping services allowing existing staff more time to manage the growing number of park facilities. Since the department has an initiative to raise the level of service, which is supported by the results of the Citizen Satisfaction Survey, contracting out these mowing and landscaping services will free up Parks' staff time and allow the current staff to focus on other park renovation and enhancement projects. The department worked with the Purchasing Department to go through an extensive Request for Proposals (RFP) process that ranked companies based on experience and references, equipment and resources, cost proposal, and operational plans. The RFP was broken up into three sections (Parks & Vacant Lots; City Campuses; and Parkways, Medians & Sidewalks) and allowed for multiple awards to different contractors. Based on their top ranking in this process, staff recommends contracting with Maldonado Nursery and Landscaping for the Parks & Vacant Lots and the Parkways, Medians & Sidewalks and ACE CO. for the City Campuses. Vendor Amount Sections Maldonado Nursery and Landscaping $167,000 Parks & Vacant Lots Parkways, Medians & Sidewalks ACE CO. $96,000 City Campuses Each contract is for an initial two (2) year term, with three (3) one -year extensions available. Goal Enter into two separate contracts with Maldonado Nursery and Landscaping and ACE CO. to provide landscape maintenance of medians, parkways, and public grounds. Community Benefit The project will provide excellent landscape maintenance of medians, parkways, and public grounds and enhance the aesthetic of the community while freeing up Parks' staff time to focus on other park renovation and enhancement projects. Summary of Recommended Action. Approval of Resolution 18 -R -23 FISCAL IMPACT The cost for Maldonado Nursery and Landscaping's services is not to exceed $83,500.00 for one fiscal year and $1.67,000 cumulatively over the two year contract. The cost for ACE CO.'s services is not to exceed $48,000 for one fiscal year and $96,000 cumulatively over the two year contract. The total budgeted amount for landscape maintenance of medians, parkways, and public grounds is $131,500 per fiscal year. ATTACHMENTS Resolution 18 -R -23 Contract with Maldonado Nursery and Landscaping Contract with ACE CO. RESOLUTION NO. 18 -R -23 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES TOTALING NO MORE THAN $131,500 FOR ONE FISCAL YEAR, AND $263,000 CUMULATIVELY OVER THE TWO YEAR CONTRACT TERM, FOR LANDSCAPE MAINTENANCE OF MEDIANS, PARKWAYS, AND PUBLIC GROUNDS. WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City requires landscape maintenance of medians, parkways, and public grounds; and WHEREAS, City staff performed an extensive Request for Proposals process that ranked companies based on experience and references, equipment and resources, cost proposal, and operational plans; and WHEREAS, City staff has determined that Maldonado Nursery and Landscaping and ACE CO. are qualified to provide such services for the City; and WHEREAS, the City of Schertz will enter into a two (2) year agreement with three (3) one -year extensions available attached hereto as Exhibit A and Exhibit B (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCILL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Maldonado Nursery and Landscaping, in substantially the form set forth on Exhibit A, totaling no more than $83,500 for one fiscal year, and $1.67,000 cumulatively over the two year term, for landscape maintenance of medians, parkways, and public grounds. Section 2. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with ACE CO., in substantially the form set forth on Exhibit B, totaling no more than $48,000 for one fiscal year, and $96,000 cumulatively over the two year term, for landscape maintenance of medians, parkways, and public grounds. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Resolution or the application thereof to any person . or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 27th day of February, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A 50234811.1 A -�. EXHIBIT B CONTRACT WITH ACE CO. 50234811.1 A -2 CITY OF SCHERTZ THE STATE OF TEXAS § GUADALUPE COUNTY § This Service Agreement ( "Agreement ") is made and entered by and between the City of Schertz, Texas, (the "City ") a Texas municipality, and Maldonado Nursery and Landscaping( "Contractor "). Section 1. Duration This Agreement shall become effective upon the date of the final signature affixed hereto and shall remain in effect until satisfactory completion of the Scope of Work unless terminated as provided for in this Agreement. Section 2. Scope of Work (A) Contractor shall perform the Work as more particularly described in the Scope of Work attached hereto as Exhibit "A ". The work as described in the Scope of Work constitutes the "Project ". (B) The Quality of Work provided under this Agreement shall be of the level of quality performed by Contractors regularly rendering this type of service. (C) The Contractor shall perform its Work for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City except when defects should have been apparent to a reasonably competent Contractor or when it has actual notice of any defects in the reports and surveys. Section 3. Compensation (A) The Contractor shall be paid in the manner set forth in Exhibit "A" and as provided herein. (B) Billing Period. The Contractor may submit an invoice for payment upon completion of the described tasks. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Act "), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act. (C) Reimbursable Expenses. Any and all reimbursable expenses, if any, related to the Project shall be included in the scope of Work (Exhibit A) and accounted for in the total contract amount. CITY OF SCHERTZ PAGE 1 Maldonado Nursery and Landscaping Service Agreement (D) Not to Exceed Contract Amount. Expenditures for this contract shall not exceed EIGHTY - THREE THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($83,500.00) per fiscal year. (E) Payments Subject to Future Appropriation. This Agreement shall not be construed as a commitment, issue, pledge or obligation of any specific taxes or tax revenues for payment to Contractor. (1) All payments or expenditures made by the City under this Agreement are subject to the City's appropriation of funds for such payments or expenditures to be paid in the budget year for which they are made. (2) The payments to be made to Contractor, or other expenditures under this Agreement, if paid, shall be made solely from annual appropriations of the City as may be legally set aside for the implementation of Article III, Section 52 -a of the Texas Constitution or Chapter 380 of the Texas Local Government Code or any other economic development or financing program authorized by statute or home rule powers of the City under applicable Texas law, subject to any applicable limitations or procedural requirements. (3) In the event the City does not appropriate funds in any fiscal year for payments due or expenditures under this Agreement, the City shall not be liable to Contractor for such payments or expenditures unless and until appropriation of said funds is made; provided, however, that Contractor, in its sole discretion, shall have the right but not the obligation to terminate this Agreement and shall have no obligations under this Agreement for the year in respect to which said unappropriated funds relate. (4) To the extent there is a conflict of this Section and any other language or covenants in this Agreement, this Section 3 shall control. Section 4. Time of Completion The prompt completion of the Work under the Scope of Work relates is critical to the City. Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of the Contractor and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Contractor prior to the time of termination. Section 5. Insurance Before commencing work under this Agreement, Contractor shall obtain and maintain the liability insurance provided for below throughout the term of the Project plus an additional two years. Contractor shall provide evidence of such insurance to the City. Such documentation shall meet the requirements noted in Exhibit B. Contractor shall maintain the following limits and types of insurance: Workers Compensation Insurance: Contractor shall carry and maintain during the term of this Agreement, workers compensation and employers liability insurance meeting the requirements of the State of Texas on all the Contractor's employees carrying out the work involved in this contract. CITY OF SCHERTZ PAGE 2 Maldonado Nursery and Landscaping Service Agreement General Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Automobile Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the performance of this contract by the Contractor or its employees. Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and independent contractors working under the direction of either the Contractor or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Contractor. Qualifying Insurance: The insurance required by this Agreement shall be written by non - assessable insurance company licensed to do business in the State of Texas and currently rated "B +" or better by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a "claims made" form. Evidence of such insurance shall be attached as Exhibit "C ". Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is provided will not be construed as a waiver of Insured's obligation to maintain such insurance. Section 6. Miscellaneous Provisions (A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Contractor of any responsibility for work done by such subcontractor. (B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Contractor acknowledges that Contractor is an independent contractor of the City and is not an employee, agent, official or representative of the City. CITY OF SCHERTZ PAGE 3 Maldonado Nursery and Landscaping Service Agreement Contractor shall not represent, either expressly or through implication, that Contractor is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Contractor. (D) Non - Collusion. Contractor represents and warrants that Contractor has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Contractor further agrees that Contractor shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the Work performed by Contractor under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Contractor, Contractor shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Contractor under or pursuant to this Agreement. (E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming parry becomes aware of the same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this subsection. (F) Conflict of Terms. Scope of `work: In the case of any conflicts between the terms of this Agreement within the Scope of Work, this Agreement shall govern. The Scope of Work is intended to detail the technical scope of Work, fee schedule, and contract time only and shall not dictate Agreement terms. Other Agreements between parties: In the case of any conflicts between the terms of this Agreement and wording contained within any other attachment, amendment, and agreement executed between the parties in conjunction with this Agreement, this Agreement shall govern. CITY OF SCHERTZ PAGE 4 Maldonado Nursery and Landscaping Service Agreement (G) Non - Boycott of Israel. The City of Schertz may not enter into a contract with a company for goods and services unless the contract contains a written verification from the company that; (i) it does not Boycott Israel; and (ii) will not Boycott Israel during the term of the contract. (Texas Government Code chapter 2270) by accepting this purchase order, the vendor (Professional or other applicable term defining the contracting party) verifies that it does not Boycott Israel, and agrees that during the term of this agreement (contract as applicable) will not Boycott Israel as that term is defined in the Texas Government Code Section 808.001, as amended. Relevant definitions from the bill: "Company" means a for - profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli - controlled territory, but does not include an action made for ordinary business purposes. Section 7. Termination (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Contractor and City; (2) By either party, upon the failure of the other party to fulfill its obligations as set forth in either this Agreement or a Scope of Work issued under this Agreement; (3) By the City, immediately upon notice in writing to the Contractor, as consequence of the failure of Contractor to perform the Work contemplated by this Agreement in a timely or satisfactory manner; (4) By the City, at will and without cause upon not less than five (5) days written notice to the Contractor. (B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of termination and only then for those Work that have been timely and adequately performed by the Contractor considering the actual costs incurred by the Contractor in performing work to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Contractor to complete the work required and the time required to do so, and other factors that affect the value to the City of the work performed at time of termination. In the CITY OF SCHERTZ PAGE 5 Maldonado Nursery and Landscaping Service Agreement event of termination not the fault of the Contractor, the Contractor shall be compensated for all basic, special, and additional Work actually performed prior to termination, together with any reimbursable expenses then due. Section 8. Indemnification CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING ATTORNEY'S FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY (BOTH REAL AND PERSONAL ) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR - EXPRESSLY INCLUDING THOSE ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES. Section 9. Notices Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 10. No Assignment Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 11. Severability If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 12. Waiver Either City or the Contractor shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. CITY OF SCHERTZ PAGE 6 Maldonado Nursery and Landscaping Service Agreement Section 13. Governing Law; Venue This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 14. Paragraph Headings; Construction The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 15. Binding Effect Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 16. Gender Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 17. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 18. Exhibits & Attachments All exhibits and attachments to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 19. Entire Agreement It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 20. Relationship of Parties Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. CITY OF SCHERTZ PAGE 7 Maldonado Nursery and Landscaping Service Agreement Section 21. Right To Audit City shall have the right to examine and audit the books and records of Contractor with regards to the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books and records will be maintained in accordance with generally accepted principles of accounting and will be adequate to enable determination of. (1) the substantiation and accuracy of any payments required to be made under this Agreement; and (2) compliance with the provisions of this Agreement. Section 22. Dispute Resolution In accordance with the provisions of Subchapter I, Chapter 271, TEX. LOCAL Gov'T CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other party, which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. Section 23. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire Contractor represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. Certificate of Interested Parties Effective January 1, 2016, pursuant to House Bill 1.295 passed by the 84tb. Texas Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Schertz City Council will require the on -line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals. Contractors are required to complete and file electronically with the Texas Ethics Commission using the online filing application. Please visit the State of Texas Ethics Commission website, htt sa/ www .ethics.state.tx.usiwliatsnew /elf info forml295.htm and htt�as: /lwww .ethics .state xx.us /tec11295- Info,htm for more information. IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. [The remainder of this page is intentionally left blank.] CITY OF SCHERTZ PAGE 8 Maldonado Nursery and Landscaping Service Agreement EXECUTED on this the CITY: day of , 2018. 3 #. By: By: Name: Brian James Name: Title: Acting City Manager Title: ADDRESS FOR NOTICE: City of Schertz Attn: Brian James, Acting City Manager 1400 Schertz Parkway Schertz, Texas 78154 Is 1. Maldonado Nursery and Landscaping 16348 Nacogdoches Rd. San Antonio, Texas 78247 210 -599 -1219 CITY OF SCHERTZ PAGE 9 Maldonado Nursery and Landscaping Service Agreement Exhibit "A" Pro i ect: Landscape Maintenance of Medians, Parkways and Public Grounds. Location Various City of Schertz owned properties as required. Scope of Work Includes but is not limited to the maintenance and grounds keeping Scope of Work detailed in RFP 17- PK -50 -A- 02 attached as Exhibit "D ". Initial Schedule and Work Requests City staff will issue a mowing season's initial schedule at the beginning of each contract period selecting locations and frequency of service. There are three scope of service groupings for this Agreement labeled within the RFP as 1, 2 and 3. Contractor agrees that City may issue any combination of the groupings with each initial schedule order. During the season, the City may request in writing additional services as required. This additional work shall be priced in accordance with the Compensation Schedule detailed in this Exhibit "A ". Additional work shall be performed by Contractor within two working days of the written request. Term of Service Agreement This Service Agreement shall automatically terminate September 30, 2019 unless extended by City Council Approval. Notwithstanding the foregoing, this contract shall be terminated if funds allocated for expenditure under this agreement are not available as provided for in sections 3 and 7. of this agreement. Extensions If agreed by the City and Contractor, this Agreement may be extended if approved by the City Council for a period of one year. A maximum of three (3) extensions may be made. Maximum Contract Expenditure Cumulative expenditures under this agreement shall not exceed $1.67,000.00 during its first two -year tern. Maximum expenditures during each of the Schertz fiscal years shall not exceed $83,500.00 unless otherwise negotiated and approved by City Council. Fiscal year one is defined as October 1, 2017 . through. September 30, 2018. . Fiscal year two is defined as October 1, 2018 through September 30, 2019. Fiscal year for the optional term period three is defined as October 1, 2019 through September 30, 2020. Fiscal year for the optional term period four is defined as October 1, 2020 through September 30, 2021. Fiscal year for the optional term period five is defined as October 1, 2021 through September 30, 2022. Order of Precedence in Agreement Documents Order of Precedence. In the case a specific deliverable or service is not clearly defined within this agreement or any documents relating to the Scope of Work of the Product and Services shall be resolved by giving precedence in the following order: (i) the terms and conditions of this Agreement (ii) a documented negotiated Scope of Work CITY OF SCHERTZ PAGE 10 Maldonado Nursery and Landscaping Service Agreement (iii) Exhibits and Attachments to this Agreement including but not limited to: a. This Exhibit "A ". b. Exhibit "B" REQUIREMENTS FOR ALL INSURANCE DOCUMENTS. c. Exhibit "C" Evidence of Insurance. d. Exhibit "D" The detailed Scope of Services from RFP 17- PK- 50 -A -02. (iv) Any documented Best and Final Offers from Contractor. (v) the Contractor's Proposal dated December 27th 2017. (vi) the Request for Proposals 1.7- PK- 50 -A -02. Compensation Schedule: (Price) Mowing, String Trimming, Curb Edging, Blowing & Litter Control per Cycle for Properties Shown in Attachment Al of RFP #17- PK- 50 -A -02: Location Compensation per Cycle Ashley Park $228.00 Cove Trail Drainage Lot $75.00 Cypress Point Park $472.00 Forest Ridge Park $850.00 Gutierrez Xerisca e Park $94.00 Heritage Oaks Park $589.00 Lone Oak Park $75.00 No Name Park $88.00 North Center $93.00 Oak Forest Park $116.00 Old Animal. Control Building $78.00 Palm Park $107.00 Rhine Valley Park $225.00 The Park at Woodland Oaks $87.00 Wendy Swan Memorial :Park $128.00 Cost per Acre for non - listed locations $44.95 Mowing, String Trimming, Curb Edging, Blowing, Litter Control, & Planting Bed Maintenance for Properties Shown in Attachment A2 of RFP #17- PK- 50 -A -02: Hal Baldwin Municipal Complex $1,986.00 Schertz Public Library Complex $1,010.00 Fire Station #2 $114.00 Cost per Acre for non - listed locations $44.95 Mowing, String Trimming, Curb Edging, Blowing, Litter Control, & Planting Bed Maintenance for Properties Shown in Attachment A3 of RFP #17- PK- 50 -A -02: Location Compensation per Cycle Schertz Parkway (welcome sign, medians, sidewalks $485.00 Legacy Oaks Parkway $120.00 Country Club Drive $185.00 Per Mile Cost for non - listed locations $225.71 END EXHIBIT "A" CITY OF SCHERTZ PAGE I I Maldonado Nursery and Landscaping Service Agreement Exhibit "B" The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies as follows: 1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non - renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non - contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B +. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz within ten (10) business days after contract award and prior to starting any work by the successful Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz emailed to: purchasin &schertz.com Purchasing Department Faxed to: 210 - 619 -1169 1400 Schertz Parkway Schertz, TX 78154 CITY OF SCHERTZ PAGE 12 Maldonado Nursery and Landscaping Service Agreement CITY OF SCHERTZ PAGE 13 Maldonado Nursery and Landscaping Service Agreement erg W .. ..: .rS �E.Eik$ Yc t# k #s� tty _.._..m � ,LWW4,00 VA Lfxo f r, AWK171 L ildoft Risk Fy 01101flim 10M JrmmrobjaVnjuo,, t .ply fngn� cast bad L 12M56 nimartnl; -,: U t1adl�h °iyl�.,,— rl 09*090` f6i' OPERAIM40 MATIONS VVEHICU16 ltwhi4CO", lot, Atl ff�n®IRvokik4UtaWO,Wtw* ' i+J ! u 1, 1 s1bn Il�nl19i ltil T011, i Vlid., 1q;( 11 9enaded dxasl: i l two 02(q tsl�sEaltr 1 4. SHOULD iNV' TIM ADM VIMMUM POW 1tl? AWELi� D 111PO ". 1400 80wTlZ Parkway cfiat1 ®fax 78164 y 3i�mm A& ryy -20,10 ACURD CORPORV,10N. All 0,.01116 rafflowed, ACORD 28 (201.` b) Tho AMID ;[ID uamo and jc o• ow r000lered art s CITY OF SCHERTZ PAGE 13 Maldonado Nursery and Landscaping Service Agreement (Instructions for completing and submitting a certificate to the City of Schutz) Complete the certificate of insurance with the information listed below. A) Certificate of Insurance date B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name /names of insurance company) * *(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National. Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non - Contributory (4) Cancellation Notice Q) City of Schertz's name and address information must be listed in this section R) Notice of cancellation, non - renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and /or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. CITY OF SCHERTZ PAGE 14 Maldonado Nursery and Landscaping Service Agreement Exhibit "C" CITY OF SCHERTZ PAGE 15 Maldonado Nursery and Landscaping Service Agreement CITY OF SCHERTZ THE STATE OF TEXAS § GUADALUPE COUNTY § This Service Agreement ( "Agreement ") is made and entered by and between the City of Schertz, Texas, (the "City ") a Texas municipality, and ACE CO ( "Contractor "). Section 1. Duration This Agreement shall become effective upon the date of the final signature affixed hereto and shall remain in effect until satisfactory completion of the Scope of Work unless terminated as provided for in this Agreement. Section 2. Scope of Work (A) Contractor shall perform the Work as more particularly described in the Scope of Work attached hereto as Exhibit "A ". The work as described in the Scope of Work constitutes the "Project ". (B) The Quality of Work provided under this Agreement shall be of the level of quality performed by Contractors regularly rendering this type of service. (C) The Contractor shall perform its Work for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City except when defects should have been apparent to a reasonably competent Contractor or when it has actual notice of any defects in the reports and surveys. Section 3. Compensation (A) The Contractor shall be paid in the manner set forth in Exhibit "A" and as provided herein. (B) Billing Period. The Contractor may submit an invoice for payment upon completion of the described tasks. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Act "), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act. (C) Reimbursable Expenses. Any and all reimbursable expenses, if any, related to the Project shall be included in the scope of Work (Exhibit A) and accounted for in the total contract amount. (D) Not to Exceed Contract Amount. Expenditures for this contract shall not exceed FORTY - EIGHT THOUSAND AND NO /1.00 DOLLARS ($48,000.00) per fiscal year. CITY OF SCHERTZ PAGE 1 ACE CO Service Agreement (E) Payments Subject to Future Appropriation. This Agreement shall not be construed as a commitment, issue, pledge or obligation of any specific taxes or tax revenues for payment to Contractor. (1) All payments or expenditures made by the City under this Agreement are subject to the City's appropriation of funds for such payments or expenditures to be paid in the budget year for which they are made. (2) The payments to be made to Contractor, or other expenditures under this Agreement, if paid, shall be made solely from annual appropriations of the City as may be legally set aside for the implementation of Article III, Section 52 -a of the Texas Constitution or Chapter 380 of the Texas Local Government Code or any other economic development or financing program authorized by statute or home rule powers of the City under applicable Texas law, subject to any applicable limitations or procedural requirements. (3) In the event the City does not appropriate funds in any fiscal year for payments due or expenditures under this Agreement, the City shall not be liable to Contractor for such payments or expenditures unless and until appropriation of said funds is made; provided, however, that Contractor, in its sole discretion, shall have the right but not the obligation to terminate this Agreement and shall have no obligations under this Agreement for the year in respect to which said unappropriated funds relate. (4) To the extent there is a conflict of this Section and any other language or covenants in this Agreement, this Section 3 shall control. Section 4. Time of Completion The prompt completion of the Work under the Scope of Work relates is critical to the City. Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of the Contractor and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Contractor prior to the time of termination. Section 5. Insurance Before commencing work under this Agreement, Contractor shall obtain and maintain the liability insurance provided for below throughout the term of the Project plus an additional two years. Contractor shall provide evidence of such insurance to the City. Such documentation shall meet the requirements noted in Exhibit B. Contractor shall maintain the following limits and types of insurance: Workers Compensation Insurance: Contractor shall carry and maintain during the term of this Agreement, workers compensation and employers liability insurance meeting the requirements of the State of Texas on all the Contractor's employees carrying out the work involved in this contract. General Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, CITY OF SCHERTZ PAGE 2 ACE CO Service Agreement Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Automobile Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the performance of this contract by the Contractor or its employees. Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and independent contractors working under the direction of either the Contractor or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Contractor. Qualifying Insurance: The insurance required by this Agreement shall be written by non - assessable insurance company licensed to do business in the State of Texas and currently rated "B +" or better by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a "claims made" form. Evidence of such insurance shall be attached as Exhibit "C ". Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is provided will not be construed as a waiver of Insured's obligation to maintain such insurance. Section 6. Miscellaneous Provisions (A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Contractor of any responsibility for work done by such subcontractor. (B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Contractor acknowledges that Contractor is an independent contractor of the City and is not an employee, agent, official or representative of the City. Contractor shall not represent, either expressly or through implication, that Contractor is an employee, agent, official or representative of the City. Income taxes, self- employment taxes, social security taxes and the like are the sole responsibility of the Contractor. CITY OF SCHERTZ PAGE 3 ACE CO Service Agreement (D) Non - Collusion. Contractor represents and warrants that Contractor has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Contractor further agrees that Contractor shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the Work performed by Contractor under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Contractor, Contractor shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Contractor under or pursuant to this Agreement. (E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this subsection. (F) Conflict of Terms. Scope of work: In the case of any conflicts between the terms of this Agreement within the Scope of Work, this Agreement shall govern. The Scope of Work is intended to detail the technical scope of Work, fee schedule, and contract time only and shall not dictate Agreement terms. Other Agreements between parties: In the case of any conflicts between the terms of this Agreement and wording contained within any other attachment, amendment, and agreement executed between the parties in conjunction with this Agreement, this Agreement shall govern. (G) Non - Boycott of Israel. The City of Schertz may not enter into a contract with a company for goods and services unless the contract contains a written verification from the company that; (i) it does not Boycott Israel; and (ii) will not Boycott Israel during the term of the contract. (Texas Government Code chapter 2270) by accepting this purchase order, the vendor (Professional or other applicable term defining the contracting party) verifies that it does not Boycott Israel, and agrees that during the term of this agreement (contract as applicable) will not Boycott Israel as that term is defined in the Texas Government Code Section 808.001, as amended. CITY OF SCHERTZ PAGE 4 ACE CO Service Agreement Relevant definitions from the bill: "Company" means a for - profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli- controlled territory, but does not include an action made for ordinary business purposes. Section 7. Termination (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Contractor and City; (2) By either party, upon the failure of the other party to fulfill its obligations as set forth in either this Agreement or a Scope of Work issued under this Agreement; (3) By the City, immediately upon notice in writing to the Contractor, as consequence of the failure of Contractor to perform the Work contemplated by this Agreement in a timely or satisfactory manner; (4) By the City, at will and without cause upon not less than five (5) days written notice to the Contractor. (B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of termination and only then for those Work that have been timely and adequately performed by the Contractor considering the actual costs incurred by the Contractor in performing work to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Contractor to complete the work required and the time required to do so, and other factors that affect the value to the City of the work performed at time of termination. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all basic, special, and additional Work actually performed prior to termination, together with any reimbursable expenses then due. Section 8. Indemnification CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING CITY OF SCHERTZ PAGE 5 ACE CO Service Agreement ATTORNEYS FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY (BOTH REAL AND PERSONAL ) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR — EXPRESSLY INCLUDING THOSE ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES. Section 9. Notices Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 10. No Assignment Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 11. Severabilitv If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 12. Waiver Either City or the Contractor shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 13. Governing Law; Venue This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 14. Paragraph Headings; Construction The paragraph headings contained in this Agreement are for convenience only and shall in no way CITY OF SCHERTZ PAGE 6 ACE CO Service Agreement enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 15. Binding Effect Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 16. Gender Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 17. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 18. Exhibits & Attachments All exhibits and attachments to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 19. Entire Agreement It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 20. Relationship of Parties Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. CITY OF SCHERTZ PAGE 7 ACE CO Service Agreement Section 21. Right To Audit City shall have the right to examine and audit the books and records of Contractor with regards to the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books and records will be maintained in accordance with generally accepted principles of accounting and will be adequate to enable determination of. (1) the substantiation and accuracy of any payments required to be made under this Agreement; and (2) compliance with the provisions of this Agreement. Section 22. Dispute Resolution In accordance with the provisions of Subchapter I, Chapter 271, TEX. LOCAL Gov'T CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other party, which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. Section 23. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire Contractor represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. Certificate of Interested Parties Effective January 1, 2016, pursuant to House Bill 1.295 passed by the 84tb. Texas Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Schertz City Council will require the on -line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals. Contractors are required to complete and file electronically with the Texas Ethics Commission using the online filing application. Please visit the State of Texas Ethics Commission website, htt sa/ www .ethics.state.tx.usiwliatsnew /elf info forml295.htm and htt�as: /lwww .ethics .state xx.us /tec11295- Info,htm for more information. IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. [The remainder of this page is intentionally left blank.] CITY OF SCHERTZ PAGE 8 ACE CO Service Agreement EXECUTED on this the CITY: day of , 2018. #. By: By: Name: Brian James Name: Title: Acting City Manager Title: ADDRESS FOR NOTICE: City of Schertz Attn: Brian James, Acting City Manager 1400 Schertz Parkway Schertz, Texas 78154 Is 1. ACE CO 2571 MacArthur View San Antonio, Texas 78217 210 -494 -2338 CITY OF SCHERTZ PAGE 9 ACE CO Service Agreement Exhibit "A" Pro i ect: Landscape Maintenance of Medians, Parkways and Public Grounds. Location Various City of Schertz owned properties as required. Scope of Work Includes but is not limited to the maintenance and grounds keeping Scope of Work detailed in RFP 17- PK -50 -A- 02 attached as Exhibit "D ". Initial Schedule and Work Requests City staff will issue a mowing season's initial schedule at the beginning of each contract period selecting locations and frequency of service. There are three scope of service groupings for this Agreement labeled within the RFP as 1, 2 and 3. Contractor agrees that City may issue any combination of the groupings with each initial schedule order. During the season, the City may request in writing additional services as required. This additional work shall be priced in accordance with the Compensation Schedule detailed in this Exhibit "A ". Additional work shall be performed by Contractor within two working days of the written request. Term of Service Agreement This Service Agreement shall automatically terminate September 30, 2019 unless extended by City Council Approval. Notwithstanding the foregoing, this contract shall be terminated if funds allocated for expenditure under this agreement are not available as provided for in sections 3 and 7. of this agreement. Extensions If agreed by the City and Contractor, this Agreement may be extended if approved by the City Council for a period of one year. A maximum of three (3) extensions may be made. Maximum Contract Expenditure Cumulative expenditures under this agreement shall not exceed $96,000.00 during its first two -year tern. Maximum expenditures during each of the Schertz fiscal years shall not exceed $48,000.00 unless otherwise negotiated and approved by City Council. Fiscal year one is defined as October 1, 2017 . through. September 30, 2018. . Fiscal year two is defined as October 1, 2018 through September 30, 2019. Fiscal year for the optional term period three is defined as October 1, 2019 through September 30, 2020. Fiscal year for the optional term period four is defined as October 1, 2020 through September 30, 2021. Fiscal year for the optional term period five is defined as October 1, 2021 through September 30, 2022. Order of Precedence in Agreement Documents Order of Precedence. In the case a specific deliverable or service is not clearly defined within this agreement or any documents relating to the Scope of Work of the Product and Services shall be resolved by giving precedence in the following order: (i) the terms and conditions of this Agreement (ii) a documented negotiated Scope of Work CITY OF SCHERTZ PAGE 10 ACE CO Service Agreement (iii) Exhibits and Attachments to this Agreement including but not limited to: a. This Exhibit "A ". b. Exhibit "B" REQUIREMENTS FOR ALL INSURANCE DOCUMENTS. e. Exhibit "C" Evidence of Insurance. d. Exhibit "D" The detailed Scope of Services from RFP 17- PK- 50 -A -02. (iv) Any documented Best and Final Offers from Contractor. (v) the Contractor's Proposal dated January 7th 2018. (vi) the Request for Proposals 1.7- PK- 50 -A -02. Compensation Schedule: (Price) Mowing, String Trimming, Curb Edging, Blowing & Litter Control per Cycle for Properties Shown in Attachment Al of RFP #17- PK- 50 -A -02: Location Compensation per Cycle Ashley Park $398.65 Cove Trail Drainage Lot $41.12 Cypress Point Park $881.23 Forest Ridge Park $587.49 Gutierrez Xerisca e Park $167.85 Heritage Oaks Park $125.89 Lone Oak Park $28.54 No Name Park $164.50 North Center $173.73 Oak Forest Park $167.85 Old Animal. Control Building $125.89 Palm Park $198.91 Rhine Valley Park $419.63 The Park at Woodland Oaks $151.07 Wendy Swan Memorial :Park $209.82 Cost per Acre for non - listed locations $80.00 Mowing, String Trimming, Curb Edging, Blowing, Litter Control, & Planting Bed Maintenance for Properties Shown in Attachment A2 of RFP #17- PK- 50 -A -02: Hal Baldwin Municipal Complex $393.41 Schertz Public Library Complex $393.41 Fire Station #2 $118.02 Cost per Acre for non - listed locations $80.00 Mowing, String Trimming, Curb Edging, Blowing, Litter Control, & Planting Bed Maintenance for Properties Shown in Attachment A3 of RFP #17- PK- 50 -A -02: Location Compensation per Cycle Schertz Parkway (welcome sign, medians, sidewalks $668.79 Legacy Oaks Parkway $78.68 Country Club Drive $39.34 Per Mile Cost for non - listed locations $225.00 END EXHIBIT "A" CITY OF SCHERTZ PAGE I I ACE CO Service Agreement Exhibit "B" The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies as follows: 1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non - renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non - contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B +. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz within ten (10) business days after contract award and prior to starting any work by the successful Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz Purchasing Department 1400 Schertz Parkway Schertz, TX 78154 CITY OF SCHERTZ ACE CO Service Agreement emailed to: purchasinggschertz.com Faxed to: 210 - 619 -1169 PAGE 12 CITY OF SCHERTZ PAGE 13 ACE CO Service Agreement erg W .. ..: .rS �E.Eik$ YeI# kMriW _.._..m � ,LWW4,00 VA M Lfxo f r, AMP071 L ildoft Mak JaM JrmnrobjaVpjuo,, jggrt fngn� east bag -a, - , imaral;rr. : U t1al�h °rYl�.,,— r1 tltdr G di�`I G + OPERAIM40 MATIMS Y.WP 1CUM WItuhi4§ 0", lot, A 'd',�n®IRvokik4UWakM0, Wtw*I mesn' i+J I � I, 1 rlb� II�nIlW9i 1il 1 1a 1q,(fi 429entdedbyTdxar�: I IWIWrr 11 t 1�WEa� 1 N4. MR PAPIIWAIIO14 DAU THER OF, WTICE MLL L DELMROD IN 1400 s0wT1Z Parkway cfiatk ,fax 78164 y 3i�mm A& ryy AJJTjt0R1,'ZED 81 TU nEGUMED 1 ERE . -20,10 ACURD CORPORV,10N. All 010h1 Named, ACORD 28 (201. ) Tho AMID MID memo and jc o• ora r000lerad rrW l s CITY OF SCHERTZ PAGE 13 ACE CO Service Agreement (Instructions for completing and submitting a certificate to the City of Schutz) Complete the certificate of insurance with the information listed below. A) Certificate of Insurance date B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name /names of insurance company) * *(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+- (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National. Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. 1) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance poliey(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non - Contributory (4) Cancellation. Notice Q) City of Schertz's name and address information must be listed in this section R) Notice of cancellation, non - renewal, or material change to the insurance poliey(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and /or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. CITY OF SCHERTZ PAGE 14 ACE CO Service Agreement Exhibit "C" CITY OF SCHERTZ PAGE 15 ACE CO Service Agreement Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: February 27, 2018 Department: Subject: BACKGROUND City Secretary /City Manager Boards, Commissions and Committee Member Appointments By Resolution No. 09 -R -03 in 2009, the City Council established the Hal Baldwin Scholarship to encourage graduating high school seniors who live in Schertz to pursue careers in public service. Staff recommends the following scholarship committee be appointed for 2018: Susan Beck, Don Taylor (returning members) and David Scagliola, Bill Baldwin and Johnny Bierschwale (new appointments). Staff also recommends the committee have an authorized budget of up to $5,000.00 from the Hal Baldwin Scholarship Fund to award for 2018, the same budget as last year. FISCAL IMPACT Funds for the Hal Baldwin Scholarship come from donations and profits from the annual Hal Baldwin Golf Tournament and are in a segregated fund, the Hal Baldwin Scholarship Fund, with a current balance of $89,025.84. After the committee makes a recommendation, they will bring their recommendation to the full Council for approval on May 8, 2018 and then the scholarship presentation on May 22, 2018. RECOMMENDATION Staff recommends ratifying the appointments Ms. Susan Beck, Mr. Don Taylor, Councilmember Scagliola, Mr. Bill Baldwin and Mr. Johnny Bierschwale to the 2018 Hal Baldwin Scholarship Committee. Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: February 27, 2018 Department: Planning & Community Development Subject: Ordinance No. 18 -S -10 — Conduct a public hearing and consideration and/or action on a request to rezone approximately 1.5 acres of land from Single- Family Residential District (R -1) to Office and Professional District (OP) located approximately 220 feet southeast of the intersection of E. Live Oak Road and FM 3009. (First Reading) The applicant is proposing to rezone approximately 1.5 acres of land, from Single - Family Residential District (R -1) to Office and Professional District (OP). The subject area is generally located 220 feet southeast of the intersection of FM 3009 and E. Live Oak Road. The subject property consists of undeveloped land. The public hearing notice was published in the San Antonio Express News on January 31, 2018. Twenty Six (26) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on January 12, 2018, prior to the Planning & Zoning Commission meeting that took place on January 24, 2018. At the time of this report, Staff has received three (3) responses in favor, one (1) response opposed, and zero (0) responses neutral to the request. The following residents / representatives spoke at the January 24, 2018 Planning & Zoning Commission Public Hearing: • Karen Mitchell- Mitchell Planning Group, LLC- Representative of the Applicant o Explained the challenges with developing the property under the current Single Family Residential zoning and indicated that the proposed use of the property would be as a medical facility, specifically a dialysis facility, if the proposed rezone to Office and Professional District is approved. • Jimmy Van Slyke- 124 Patrick Henry o Expressed concern with traffic flow associated with a commercial building. City Council Memorandum Page 2 Goal The proposed rezone is for approximately 1.5 acres of land from Single - Family Residential District (R -1) to Office and Professional District (OP) located approximately 220 feet southeast of the intersection of FM 3009 and E. Live Oak Road. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action. The Comprehensive Land Use Plan (CLUP) through the Future Land Use Plan designates the subject property as Single - Family Residential. The objectives for Single- Family Residential encourage a mix of residential uses as well as limited commercial development to support the daily activities of the development. • Comprehensive Land Plan Goals and Objectives: The proposed rezoning is generally in conformance with the goals and objectives of the Comprehensive :Plan Specifically, the Single- Family Residential designation on the Future Land Use Plan allows for limited commercial development. The Office and Professional zoning district would allow for the limited commercial uses desired by the Future Land Use Plan and Comprehensive Land Plan. • Impact on Infrastructure: The proposed zoning request should have a minimal impact on the existing and planned water and wastewater systems. • Impact on Public Facilities /Services: The proposed rezoning should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is generally surrounded by single family land uses. It is staff's opinion the requested rezone is compatible with surrounding properties. The applicant is requesting to rezone the property from Single - Family Residential District (R -1) to Office and Professional District (OP). The Comprehensive Land Use Plan section which reviews this portion of central Schertz was adopted in 2002, at that time the subject property was zoned for single- family residential uses. The 2013 Schertz Sector Plan amendment to the Comprehensive Land Use Plan focused on the northern and southern areas of Schertz and did not examine central, where the subject property is located. Since the Schertz Sector Plan amendment did not review this area, the subject property is still identified as Single- Family Residential desired property although located directly adjacent to FM 3009. The Comprehensive Land Use Plan describes Single- Family Residential as a mix of residential uses as well as limited commercial development to support the daily activities of development. City Council Memorandum Page 3 Office and Professional District would be considered a commercial classification that would allow for very limited office and commercial development. Per the Permitted Use Table within the Unified Development Code only 18 land uses are allowed by right in the Office and Professional District. This is compared to the next lowest intensity commercial, Neighborhood Services District, which allows 34 land uses by right. Office and Professional District is the most limited, in terms of permitted land uses, nonresidential zoning district that is currently listed within the Unified Development Code. Based on land use compatibility with the surrounding single- family residential, and apartment / multifamily residential zoned property and the Comprehensive Land Use Plan stating that the Single- Family Residential classification allows for limited commercial development, the request to rezone to Office and Professional District (OP) is an appropriate zoning district supported by the Comprehensive Land Use Plan and its goals and objectives. In keeping with the commercially desired land use described in the Comprehensive Land Use Plan, Office and Professional District would allow for the most limited office and commercial developments that would be more appropriate and compatible with the single- family residential used and zoned property in the proximity than a more intensive commercial zoning district such as General Business. The proposed zoning of Office and Professional District would provide for commercial uses that are appropriate and compatible with the adjacent residential properties. Additionally, Office and Professional District provides the opportunity for limited commercial and office uses to more conveniently accommodate the needs of the nearby residential uses. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on January 24, 2018 . and offered a recommendation of approval by a unanimous vote. Based on the goals and objectives of the Comprehensive Land Use Plan, the existing land use conditions, Office and Professional is the most appropriate zoning district for this property. Staff recommends approval of the proposed rezoning as submitted. ATTACHMENT Ordinance No. 18 -S -10 200' Notification Map Aerial Map Exhibit Citizen Responses ORDINANCE NO. 18 -S -10 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 1.5 ACRES OF LAND FROM SINGLE - FAMILY RESIDENTIAL, (R -1) TO OFFICE AND PROFESSIONAL DISTRICT (OP). WHEREAS, an application to rezone approximately 1.5 acres of land generally 220 feet southeast of the intersection of E. Live Oak Road and FM 3009, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on January 24, 2018, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning; and WHEREAS, on February 28, 2018 . the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Office and Professional District (OP). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 27th day of February, 2018. PASSED, APPROVED AND ADOPTED on final reading the 13th day of March, 2018. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" J 0 N E S C A RT E R IVHTfS AND BOUNDS DESCRIPTION Or A iA" ACRE TRACT Of UdVD -as $aLru;Mriffi-S�im. r{ d, Santa 100 Son Anwnky� Texas, 737,49 ZIM4945511 210.494M,19 A MaCesartJ aarrml. deucription of a 2.499 acre J65,258 square feett tract of land situated in droGenobes ir Malpai Survey No, 67, Abstract No. 221„ City of Schertz, Guadalupe County, Texm,; to all of that cefItain called 1.500 aure tract described ns in5trurrictit to Willian) M- Dietz recorded in Volume 527, Page 528 of ttic Guadalupe riiumty Deed Records, and hraing mDru parmcularily described as follows: BEGIN NI NG at a, i12 -inch iron rod found im the wesketly ught-a-f-way line of F.M. 3009 - Roy Richard OTive 1120 feet wide marking the northeast comer of thatcertain 0,917 acre tract dewritiod In in5trument to Robert D. Dietz recorded in Volume 577, Pare 5M of the GliamfifflupeCounty Deed Records, end the Southeast corn of the herefn de4cribed tract; (State Mane Coord,anate.k. North: 13,756,69157 feet, East: feet)�' THENCE, South 6X5956" West, 23187 feet iticutg me northerly 4,pundalry of said 0.917 acre ti-act to a 1/2-inch iron fod found satuaTied it) the nerthewlerlV boundary of Block 1, Greenfield VIVIage Subdivision Unit 1, glipt of which 6 necarded In Volume 3, Page 40 of the r*ijsdaltope Counly Kai Aprords; THENCE., 'North ZrPMYSV WeFt, 2$7.35 feet afiangthe northeasterly liounateop of said ifflock Ito a J/2 -inch iron rod faun d marlding the eastern-mostcurrimr of 01,1104 ctrrtain 0,91154 acre tract dew ribed in Instrument to FM A. Entrtrrrlses� L't'd. KeColrded in Vo4rime T 5 ld, Page 2-92 afthe Guadalupe County Deed Records, and the smthern-tirmastcooper tH heart certain 1.683 acre tract described in instrurnenk to Judith M, Piety nKarded I o Volume' , , Page 291 of 'C Guadindlupe County Deed Records; -MENCE, North 64':17"42' East, 271-54 feet along the southeasterly bristodmor of sold 1,603 acre tract to a 1/2-Inch Iron rod found situated in the Westerly rigfrt,ofwvaV Itne of aforesaid F.M, 30(3691. THENCE, with said weslerly flght-of�wtw fine, in a southeasterly direction, along the arr-4 a curve to the right haufnig a radkis of y 804,79 feet, a central angle DfG5'17'3,B`, a Pone chord boortnig of South 17'05`46"East, 259A6 foLq,a total, as length of 2SMS feet to the POONTOT, OrCiirrifslti4q, rontarning 1,498 acres chaand in Guadalupe County, TeXA5, as Onotun on Drawring No_. 1156S filed under Job No. 12959,0004-01) In the, *ffice of.14)NES] CARTER, San Antonio, Terms. Porte. The lie 9 rings,,diitasrwe s, areas arml coar dines tes shown hereon are Texas Suits Coordinate System Arid, South Central Zook, (NAW201), as deteirnined by Global Positioningf Stistem (IGP5) with TOGS OPUS post procossing- The unit of Mean- measurement is U, & Su rveV Feel. To so n Ye rt g Kill distances to so rfac e, ap p1v the c o m of md (tried to , Urfa scale, fa ot ar of ,I -Oo 01595 4, P1 e a5e re-view Lhe return! Instr u men tst It u d herto n to rompare the surer hea r I nita and d I sta noes wi I. h the rum rd calls, JONESICARTER, MC. Te"% Rpard of Prof esa�onal Land Surveyors Registration No.ICYJ461-05 J, Tkrcry A, Trctsauhh Regismeoed Professional La: d Sumeyor M624-1 Signa"tum (,rqri5 ft"efbpm�.nt - 1.498 neres - Freserilus &Efiertz J ob cio, 1295*-hf;u4i-ao - Nmeribm,, 22- 2G17 - Page .1 cd I Exhibit B "The Proner H how I v gg HO jt HM, � ,` �i t � Ng ! I 51 isle a. HIM 0 go Pot %QNH pool 9411 > go I 0 rgg T ATw�s� k a •N j ................. s p u7 sr 3 s , - + u , sw a z -' 5 X f$ N ri w I `sill_ LL ovz 1236 ��Q pFt LIVE OAK RD \�clo � \ �2� (67534) V \ �y�a �6eev,\y 09\ �a0 0L \Zy�1�1 .ryQv ^� (s7940s) i 1 $�17y:No1G.(. ZV ryh��O a� NIP-G�(�� JS�y3�2\ Zy�'�21 �p,�0 F 6�ypd\ ,11,, z Off' • JSCAy3��\ �p m Gym \2 FM 3009 00 by p (67539) 112 CM5.. R Y W i0D 1 G�1-6 �IN2O�7DR ( ) RY t F,. „ January 12, 2018 Dear Property Owner, DE 'ID LOPUFAWT The Schertz Planning and Zoning Commission will conduct a public hearing on Wednesday, January 24, 2018 at 6:00 p.m, located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to consider and make recommendation on the following item: ZC2017-019 — A request to rezone approximately '1.5 acres of land from Singie-Family Residential District (R-1) to Office and Professional District (OP) located approximately 220 feet southeast of the intersection of E, Live Oak Road and FM 3009, The Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. This form is used to calculate the percentage of landowners that support and oppose the request, You may return the reply form below prior to the first public hearing date by mail or personal delivery to Emily Grobe, Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619-1789, or by e-mail ggjptq@gq r z.com. If you have any questions please feel free to call Emily Grobe, Planner directly at (210) 619-1784. Sincere Emily Grobe Planner Reply Form I am: in favor of ❑ opposed to q neutral to ❑ the request for Z02017-019 COMMENTS: 27 AA� NAME: SIGNATURE (PLEASE PRINT) STREET ADDRESS: 4 DATE: 1400 Schertz Parkway Schertz, Texas 78154 210.619,1000 schartz'com Reply Form I am: in favor of opposed to ❑ neutral to ❑ the request for ZC2017-019 COMMENTS: NAM E: A ti SIGNATURE r (PLEASE PRIN e 7-T Y I STREET ADDRESS: o DATE:. /— 9�,3 — J F, ------------ -------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Reply Form I am: in favor of opposed to'r-1 neutral to ❑ the request for ZC2017-019 COMMENTS: NAME: SIGNATURE (PLEASE PRINT) STREET ADDRESS: '7rl DATE:. -/- le I am: in favor of B/ opposed to ❑ neutral to 171 the request for Z02017-019 COMMENTS: NAME: I,,-) C, SIGNAT (PLEASE PRINT) STREETADDRESS: (,rM D -A L DATE: 1) - z S- 19 - 1400 Schertz Parkway ri Schertz, Texas 78154 x 210,619.1000 scher--- com Agenda Item 8 M1fMOL11"LlusI NO 10I01 [o7 710 11110 1 City Council Meeting: February 27, 2018 Department: City Manager Subject: Resolution No. 18 -R -22 — A Resolution authorizing the City Manager to enter into a Consent, Joinder, and Subordination Agreement with Regard to a Waterline Easement with Cariari Holdings, Inc. and Central Texas Regional Water Supply Corporation (CTRWSC). (B. James) Cariari Holdings, Inc. and the Central Texas Regional Water Supply Corporation (CTRWSC) are working to acquire a waterline easement along Eckhardt Road as part of the Vista Ridge Waterline Project. The project is to provide additional water for SAWS. The easement they have been working for some time to acquire overlaps future right -of -way that is necessary for the future expansion of Eckhardt Road. The City has been provided with the right -of -way dedication document by one of the adjacent owners that Cariari/CTRWSC has been working with, but it has not been executed. In order not to delay the dedications, the City and Cariari /CTRWSC are proposing to enter into a consent, joinder, and subordination agreement to outlines rights of both entities with regard to the overlap area. The City's primary goals are to ensure that Eckhardt Road can be expanded in the future is not significantly impacted by the future waterline. Goal Enter into an agreement to avoid future conflicts with regard to the dedications and construction of the waterline and road improvements along Eckhardt Road. Community Benefit Eckhardt Road can be more easily expanded in the future. Summary of Recommended Action. Approval of Resolution 18 -R -22 FISCAL IMPACT None ATTACHMENTS Resolution 18 -R -22 Consent, Enjoinder, and Subordination Agreement RESOLUTION NO. 18 -R -22 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSENT, JOINDER, AND SUBORDINATION AGREEMENT WITH REGARD TO A WATERLINE EASEMENT WITH CARIARI HOLDINGS, INC. AND CENTRAL TEXAS REGIONAL WATER SUPPLY CORPORATION (CTRWSC). WHEREAS, The City of Schertz has identified the need for additional right -of -way along Eckhardt Road; and WHEREAS, the owner of one of the tracts from which right -of -way is needed has signed a right -of -way dedication document; and WHEREAS, Cariari Holdings, Inc. and Central Texas Regional Water Supply Corporation (CTRWSC) have been working to obtain a waterline easement from that owner; and WHEREAS, in and effort not to delay both dedications and construction, the City of Schertz is entering into a consent, joinder, and subordination agreement with Cariari /CTRWSC. 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 enter into a consent, joinder and subordination agreement generally as attached (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 2tt" day of February, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A 50234811.1 A -1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CONSENT, JOINDER, AND SUBORDINATION City of Schertz ( "Dedication Holder "), hereby consents to and joins in the execution of the Water Line Easement Agreement between Cariari Holdings, Inc. and Central Texas Regional Water Supply Corporation ( "CTRWSC "), a memorandum of which dated November 14, 2017, is recorded as document number 201706052755 and recorded in the Real Property Records of Comal County, Texas (the "Water Line Easement "), such consent and joinder having the same effect as if Dedication Holder had executed the Water Line Easement. Dedication Holder agrees that any document granting Dedication Holder any rights in or to the property encumbered by the Water Line Easement, including but not limited to that certain unrecorded Public Right -of -Way Dedication for Eckhardt Road from Cariari Holdings, Inc. to Dedication Holder, dated April 10, 2017 (the "Public ROW Dedication "), are hereby made subject and subordinate to the terms of and Grantee's rights in the Water Line Easement except to the extent of the provisions herein. This Consent, Joinder, and Subordination shall be binding on Dedication Holder, and Dedication Holder's successors and assigns. Construction and Maintenance of Water Lines. All facilities installed by CTRWSC within the ROW Dedication (defined as PROPERTY therein and depicted as ROW Dedication in Exhibit "A" attached hereto and incorporated herein for all purposes) shall be of sound material and good quality, and shall be laid so they will not unreasonably interfere (except in the event of an emergency) with the natural or artificial drainage of the City's aboveground improvements or its underground fixtures. All facilities installed by CTRWSC within the ROW Dedication shall be installed in accordance with applicable Federal, State, and City regulations (except to the extent such regulations differ from the terms agreed to herein) and in the absence of such regulations in accordance with accepted industry practice. The location of the facilities installed by CTRWSC within the ROW Dedication shall not materially impact the expansion of the street section of Eckhardt Road to a fully improved collector street, as shown on the City's Thoroughfare Plan; provided, however, that so long as CTRWSC has installed its facilities (i) within the Area for CTRWSC Improvements (as depicted in Exhibit "A" hereto), and (ii) the CTRWSC facilities are not constructed within ten feet (10') from the eastern boundary of the ROW Dedication, then the City agrees that CTRWSC's facilities do not materially impact the expansion of the street section of Eckhardt Road. Furthermore, the City agrees that CTRWSC may install its facilities within the Area For CTRWSC Improvements Within R.O.W. Dedication (as shown in the circled area in Exhibit "A ") without being considered to have materially impacted the expansion of the street section of Eckhard Road so long as all such facilities are constructed at least five feet (5') below the surface of the ground in the circled area. Streets Restored to Good Condition. After initial construction of CTRWSC's pipeline, CTRWSC and its contractors shall give the City reasonable notice of the dates, location, and nature of all 00111317.DOCX 3 work to be performed on its facilities within the Public ROW Dedication. After intial construction of CTRWSC's pipeline, CTRWSC and its contractor shall obtain a Public Works Permit generally issued by the City prior to (i) conducting work within the Public ROW Dedication, or (ii) parking vehicles in the street portion of the Public ROW Dedication when necessary for the installation, replacement, abandonment, operation or maintenance of CTRWSC's facilities. After initial construction of CTRWSC's pipeline, CTRWSC shall provide the City with sufficient information for work proposed to be undertaken within the Public ROW Dedication and shall in all events comply with City rules and regulations regarding street cuts and borings. After initial construction of CTRWSC's pipeline, CTRWSC shall coordinate in advance with the City (except in the event of an emergency) for all proposed full or partial closure of streets. Following completion of work in the Public ROW Dedication, CTRWSC shall repair the affected Public Rights -of -Way as soon as possible and to the extent reasonably possible to its condition prior to such work or better, but in all cases CTRWSC shall comply with all City ordinances governing time periods and standards relating to excavating in the Public ROW Dedication. No street shall be trenched for a longer period than shall be necessary to execute the work. Non - Exclusive. The City shall be able to install City -owned utilities within the Public ROW Dedication. City of Schertz, a municipal corporation By:_ Name: Title: ACKNOWLEDGMENT COUNTY OF This instrument was acknowledged before me on this , day of , 2018, by , for the City of Schertz. Notary Public, State of Texas My Commission Expires 00111317.DOCX 3 00111317.DOCX 3 EXHIBIT A - SCALE: 1 "= 300' 300' 0' 150' 300' AREA EAR CTRWSC IMPROVEMENTS WITHIN R.O.W. DEDICATION 1 1 1 1 1 2.948 ACRES 1 85' WIDE 1 PERMANENT 1 WATER LINE EASEMENT 1 1 1 AREA FOR �. - -- CTRWSC ROW IMPROVEMENTS DEDICATION --- 1 (PROPERTY) 1 1 1 1 1 1 1 1 DESIGNED. CD s ...i. VISTA RIDGE REGIONAL SUPPLY PARCEL NO. 60005 PROJECT DRAWN. cc CHECKED_ CN DATE_ JAN 2018 Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: February 27, 2018 Department: Fire Subject: Resolution No. 18 -R -19 — A Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to enter an Interlocal Agreement for property usage between the City of Schertz and the Cibolo Creek Municipal Authority (CCMA) regarding Fire Department Temporary Station #3 BACKGROUND The Schertz Fire Department is charged with the responsibility of fire suppression, protection and prevention. Our department currently has prolonged response times to areas in the southern portions of Schertz. In November of 2015 voters passed a bond to build a new fire station in southern Schertz near the intersection of Lower Seguin Road and FM 1518, the best location determined by a fire response consultant. In August 2016, . the City contracted with BRW Architects, for the design of the new fire station. In February 2017, Thomas S. Byrne Construction Services was selected through a Request for Qualifications process to perform as the City's Construction Manager at Risk type of building process. This process establishes a "Guaranteed Maximum Price" from the contractor prior to beginning construction. In the summer of 2017, the final parcel of land was identified, and due diligence was started for a purchase that closed in December 2017. . The parcel of land is just north and east of the intersection of Lower Seguin Road and Hollering Vine. We have had delays in the design and construction process related to the land purchase and in working with our construction manager and our architect to deliver a final design that will come in within our established budget. With our five -year budget process, the remainder of the necessary pieces to open a fire station have continued to move forward. This includes the purchase of a new fire engine and the hiring of twelve additional personnel that make staffing a third station possible. The engine is scheduled to arrive at the local dealer by Tuesday, February 23 and the final three firefighter positions are being recruited currently. It is anticipated that the engine and staffing will be in place and ready to perform on or before May 1, 2018. With the personnel and engine in place, City staff believe the best plan for utilizing these resources is to move forward with locating these resources in the southern portion of Schertz so that reduced response times in that area (and the City as a whole) are achieved as quickly as possible. The Fire Chief has located a vacant residence and large metal building on property owned by our waste water partner, Cibolo Creek Municipal Authority. The property is located on Trainer Hale Road, approximately 0.5 miles north of IH -10. This property is the location of the Southern Schertz Waste Water Treatment Plant that will soon be under construction. CCMA was excited to cooperate with the City in this endeavor. The CCMA Board voted in favor of utilizing these structures as a temporary fire station under a property usage agreement that only requires the City to pay for the wear and tear on the two buildings and any improvement needed. It is anticipated that move -in costs will be approximately $20,000 with the largest portion of this going to constructing an all- weather driveway for the Ere apparatus. Community Benefit Providing Fire Protection Services to South Schertz is critical to reduce response times. By moving into a temporary fire station, we will see reduced response times immediately. Additionally, have a staffed engine in this part of the City will mean the other two stations will have lower response times across their respective districts as they will not have the longer responses into southern Schertz that they are responding to today. FISCAL IMPACT CCMA has agreed to allow Schertz Fire Rescue usage of the four - bedroom house and metal building in exchange for providing fire protection services at said property. There will be some setup cost to prepare the site (driveway and minor construction) and some equipment to allow this house to function as a fire response station. Much of the equipment purchased for this temporary location will be used in New Fire Station #3 once it is in service. The estimated amount of General Fund Contingency associated with the setup of the site is approximately $20,000.00. Equipment that is purchased with the plan to move over to Fire Station #3 will be purchased out of the bond money for Station #3. RECOMMENDATION Staff recommends Council approve Resolution 18 -R -1.9 to authorize the City Manager to enter into the Interlocal Agreement for property usage for the Temporary Station #3 with CCMA. ATTACHMENTS Resolution 18 -R -1.9 ILA for Property Usage with CCMA RESOLUTION NO. 18 -R -19 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL AGREEMENT FOR PROPERTY USAGE BETWEEN THE CITY OF SCHERTZ AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING TEMPORARY HOUSING OF FIRE DEPARTMENT ENGINE #3 AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz is a home rule municipality incorporated in Guadalupe County pursuant to the Statutes of the State of Texas, and as such is authorized to buy, sell, and lease real property; and WHEREAS, the Cibolo Creek Municipal. Authority is a municipal utility district authorized to enter into contracts related to real property; and WHEREAS, the Cibolo Creek Municipal Authority Board of Directors is designated the duties of management, operation and control of real property owned by the Cibolo Creek Municipal Authority; and WHEREAS, the City of Schertz is in need of temporary housing for Fire Department Engine #3; and WHEREAS, the Cibolo Creek Municipal Authority owns property which is suitable for the temporary housing of Fire Department Engine #3; and WHEREAS, the Cibolo Creek Municipal Authority finds that the temporary use of the subject property would not interfere with or impede its operations; and WHEREAS, the Cibolo Creek Municipal Authority finds that use of the property serves a public purpose and benefits the customers within its service area through the provision of uninterrupted fire prevention and rescue services and promotes the health, safety and general welfare of the area; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute the Interlocal Agreement with Cibolo Creek Municipal Authority for property usage for the temporary housing of Fire Engine #3 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 27th day of February 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL INTERLOCAL AGREEMENT FOR PROPERTY USAGE BETWEEN THE CITY OF SCHERTZ AND THE CIBOLO CREEK MUNICIPAL AUTHORITY REGARDING TEMPORARY HOUSING OF FIRE DEPARTMENT ENGINE #3 WHEREAS, the City of Schertz is a home rule municipality incorporated in Guadalupe County pursuant to the Statutes of the State of Texas, and as such is authorized to buy, sell, and lease real property; and WHEREAS, the Cibolo Creek Municipal Authority is a municipal utility district authorized to enter into contracts related to real property; and WHEREAS, the Cibolo Creek Municipal Authority Board of Directors is designated the duties of management, operation and control of real property owned by the Cibolo Creek Municipal Authority; and WHEREAS, the City of Schertz is in need of temporary housing for Fire Department Engine #3; and WHEREAS, the Cibolo Creek Municipal Authority owns property which is suitable for the temporary housing of Fire Department Engine #3; and WHEREAS, the Cibolo Creek Municipal Authority finds that the temporary use of the subject property would not interfere with or impede its operations; and WHEREAS, the Cibolo Creek Municipal Authority finds that use of the property serves a public purpose and benefits the customers within its service area through the provision of uninterrupted fire prevention and rescue services and promotes the health, safety and genera] welfare of the area; FOR AND IN CONSIDERATION of the premises and mutual agreements, covenants, and conditions hereinafter set forth, the parties hereto contract agree as follows: 1. The recitals set forth above are true and correct and incorporated herein. 2. Premises: The City of Schertz (hereinafter "City ") shall use the property from the Cibolo Creek Municipal Authority (hereinafter "CCMA "). The property to be used is located at 7729 Trainer Hale Road, Schertz, Texas (hereinafter "the property "). 3. Use: The property shall be used to temporarily house the City's Fire Engine #3, including the on -site housing of Fire Department Personnel, administrative staff, and related equipment and apparatus. 4. Compensation: As consideration for this use of property, the City agrees to provide uninterrupted fire protection and rescue services. 5. Duration: This use of property agreement is for a period of one year and 6 months, commencing on the date of the last authorized signature. At the conclusion of the term, the City may exercise an option to extend the use of property for an additional six -month period. Thereafter, renewal of the use of property agreement shall be as mutually agreed upon by the parties. 6. Termination: This use of property agreement may be terminated by either party upon receipt of written notice sixty (60) days prior to the termination date. 7. Liability: Third party claims against parties hereto shall be governed by the Texas Tort Claims Act or other appropriate statutes, charters and ordinances of the parties. It is expressly understood and agreed that by executing this Agreement, neither party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it, against claims arising in the exercise of governmental powers and functions. 8. Transferability: The rights and obligations created by this use of property agreement may not be transferred or assigned to another party without the express written consent of CCMA. This use of property agreement shall extend to and be binding upon the parties and their respective successors and assignees. 9. Venue: This use of property agreement shall be interpreted and executed in accordance with the laws of the State of Texas. Venue of any suit or right or cause of actions arising under or in connection with this use of property agreement shall be exclusively in Guadalupe County, Texas. 10. Clauses & Covenants: a. CITY agrees to: i. At its own expense, keep the property to be used in good repair and ensure that the area is maintained in a neat and clean manner. ii. At its own expense, secure the property to be used, as needed. iii. At its own expense, provide utility services necessary for its operation. iv. At its own expense and its own discretion, maintain insurance of its contents and equipment; v. Discontinue the use of emergency sirens after 8PM when leaving the property. b. CITY agrees not to: i. Use of property for any purpose other than that stated in this use of property agreement. ii. Create a nuisance or permit any waste. iii. Alter the property without the CCMA's consent, which may be given by the Genera] Manager. 1.1. Amendment of Use of Property Agreement: This use of property agreement may be amended only by an instrument in writing and signed by the City and CCMA. 1.2. Entire Agreement: This document represents the entirety of the use of property agreement between the City and CCMA. No oral or other written contracts outside of this use of property agreement shall have any effect unless they are approved in writing by both parties and made a part of this use of property agreement. 13. Severability: If 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 or illegality shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, and shall not render the entire Agreement invalid. 14. Execution: This Agreement has been executed by City and CCMA upon and by the authority of their respective governing bodies. This Agreement shall become effective on the date executed by the final party. Brian James, Acting City Manager Date CIBOLO CREEK MUNICIPAL AUTHORITY Clint Ellis, General Manager Date Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: February 27, 2018 Department: Police Department Subject: Resolution No. 18 -R -21 - Annual Racial Profiling Report Texas Code of Criminal Procedure Article 2.134 requires the chief administrator of the law enforcement agency to submit an annual report concerning data obtained on traffic stops to the governing body of the municipality served. The legislation does not offer any details concerning how the data should be evaluated by local officials or how it will be evaluated by state officials, however, it has been commonly accepted that the diversity of traffic stop data should be similar to the demographic profile of the jurisdiction it is reporting on. Attached in the Profiling Report letter of explanation is a review of the percentage of total of the three largest racial groups detained from the 2017 report compared to the City's 2012 census population percentages. Additionally, in the attached presentation document 2017 is compared to 2014, 2015 and 2016 data. Community Benefit Provides documentation of the activities of the City's police department in the area of traffic enforcement. It allows City Council to have an understanding of who gets detained through traffic enforcement and how the racial makeup compares to the overall City population. Summary of Recommended Action The annual racial profiling report is submitted for review and action accepting it as the 2017 racial profiling report for the City of Schertz. City staff recommends acceptance the report. FISCAL IMPACT No fiscal impact RECOMMENDATION 50631771.1 Staff recommends approval of the resolution accepting the 2017 Annual Racial Profiling Report ATTACHMENT(S) Resolution. No. 1.8 -R -21 accepting racial profiling report Letter of explanation 2017 . Annual Racial Profiling Report 50631771.1 RESOLUTION 18 -R -21 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF THE 2017 RACIAL PROFILING REPORT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Article 2.134 of the Texas Code of Criminal Procedure, as amended, requires the chief administrator of a law enforcement agency to submit an annual report to the governing body of the municipality served that contains data obtained on traffic stops during the previous calendar year, including an analysis of both the number of motor vehicle stops and the disposition of such cases based on the race or ethnicity of the affected persons (the "2017 Racial Profiling Report"); WHEREAS, the Chief of Police of the City of Schertz (the "City ") submitted the 2017 Racial Profiling Report to the City; WHEREAS, the Chief of Police and City staff recommend that the City accept the 2017 Racial Profiling Report; and WHEREAS, the City Council has determined that it is in the best interest of the City to accept the 2017 Racial Profiling Report. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby accepts the 2017 Racial Profiling Report. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council . hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this day of , 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - February 1, 2018 City Council City of Schertz Re: Annual Racial Profiling Report MICHAEL R. HANSEN, CHIEF OF POLICE 1400 SCHERTZ PARKWAY BLDG 6 • SCHERTZ, TEXAS 78154 OFFICE: 21.0- 619 -1213 • FAX: (210) 619 -1.220 MHANSEN@SCHERTZ.COM In accordance with the Texas Code of Criminal Procedure Article 2.134 the attached compilation of traffic stop information is submitted. The required report must include the race or ethnicity of the individual detained, whether a search was conducted, if the individual detained consented to the search and if the officer was aware of the race or ethnicity of the individual before the stop was conducted. Although Legislation does not offer any details concerning the evaluation of the data, over the past few years it has become commonly considered acceptable if the diversity of the data is somewhat similar to that of the demographics of the jurisdiction. Our data of detained compared to the demographics of our city are proportionate. The following statistics represents 98% of the total detained and 96% of our population. Detained Population* Black 13.8% 9% Hispanic 13.2% 26% White 70.5% 61% In addition to the statistical report, it must also provide information relating to each complaint filed with the agency alleging that an officer engaged in racial profiling. There were no complaints from traffic stops alleging that a Schertz Police Officer engaged in racial profiling during this reporting period. The law specifically states that data collected as a result of the reporting requirements shall not constitute prima facie evidence of racial profiling. In fact, I believe the data supports the recognition that the Schertz Police Department continues to ethically and impartially enforce the laws and ordinances for which we are responsible. United in a spirit of teamwork, the Schertz Police Department, as a regional leader and in partnership with the Community, is devoted to excellence in innovative and proactive public service and safety while contributing to an exceptional quality of life. r Michael R. Hansen, Chief of Police * Demographic data is from the 2012 census report i � « . i "• a`Ak .. 2 Code of Criminal Procedure Article 2.132 Race/ethnicity of detained Aware Search Consented to search 3 Racial Profiling Report - 2017 Rac'Imal Prof'1'1'1'ng Report Total detained Black 673 13.8% Hispanic 646 13.2% White 3434 70.5% "VIA, 5 Rac'Imal Prof'1'1'1'ng Report (Domparison to demographic :01MOMRITalk Black 13.8% Hispanic 13.2% White 70.5% • i 9% •ir 9 i Ah r 2014 11.1% 24.3% 62.3% 7 Rac'Imal Prof'1'1'1'ng Report Reminder of report Race/Ethnicity known Search conducted Search consented Complaints i i Rac'Imal Prof'1'1'1'ng Report fConclusion Data supports the recognition that the Schertz Police Department continues to ethically and impartially enforce the laws 9 on H � � A... HN Agenda No. 11 CITY COUNCIL MEMORANDUM City Council Meeting: February 27, 2018 Department: Economic Development Subject: Ordinance No. 18 -T -I1 — A budget adjustment for the City of Schertz Economic Development Corporation in connection with the Performance Agreement with Ace Mart Restaurant Supply; First reading BACKGROUND In accordance with the Schertz Incentive Policy, the City of Schertz Economic Development Corporation (the "SEDC ") entered into a Performance Agreement with Ace Mart Restaurant Supply Company ( "Ace Mart"). All economic development incentives that were offered to Ace Mart will be paid from the SEDC. The City will realize the full financial benefits associated with this project. As part of the Performance Agreement, Ace Mart committed to create at least 40 full -time jobs with an annual payroll of $1,178,750. In addition, Ace Mart also agreed to maintain $7,954,095 in taxable personal property and generate at ]east $8 million in sales that are subject to local sales tax collection. In consideration, Ace Mart qualifies to receive an Operations Grant of $225,000 along with six annual grants worth a portion of personal property taxes generated from the City of Schertz. The Performance Agreement was entered into prior to the adoption of the FY 201.7 -18 SEDC Budget but after it was submitted to the City Council. Because of the timing of this project, the funds for the incentives must be transferred from the SEDC reserves to the Development Incentive account. FISCAL IMPACT As of January 31, 2018, the SEDC had total cash and investments of $15,291,946.32. As part of this budget adjustment, $225,000 will be transferred from reserves to the Development Incentive account which has a current balance of $112,500 that is allocated for a different economic incentive. RECOMMENDATION Staff recommends approval of the budget adjustment as it aligns with the commitments outlined in the Performance Agreement. ATTACHMENT Ordinance No. 18 -T -11 ORDINANCE NO. 18 -T -11 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO TRANSFER FUNDS FOR THE OPERATIONS GRANT IN CONNECTION WITH THE ACE MART RESTAURANT SUPPLY COMPANY PERFORMANCE AGREEMENT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 1.7 -T -30, the City of Schertz (the "City ") adopted the budget for the City for the fiscal year 2017 -2018 (the "Budge ), which provides funding for the City's operations throughout the 2017 -201.8 fiscal year; and WHEREAS, pursuant to Resolution No. 17 -R -74 the City of Schertz City Council and the City of Schertz Economic Development Corporation (the "SEDC ") authorized a Performance Agreement with Ace Mart Restaurant Supply Company (the" Performance Agreement "); and WHEREAS, the Performance Agreement entitles Ace Mart Restaurant Supply Company to receive certain economic development grants once they have met certain performance requirements as outlined in the Performance Agreement; and WHEREAS, pursuant to the Texas Local Government Code Section 505.159, the SEDC held a public hearing on August 24, 2017 for the Performance Agreement with Ace Mart project; and WHEREAS, according the Performance Agreement and the Schertz Incentive Policy, all economic development incentives will be paid from the SEDC funds; and WHEREAS, the Budget transfer is required in the amount of $225,000 from the SEDC's reserves to the Development Incentive account; 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 transfer for the Operations Grant in connection with the Performance Agreement with Ace Mart Restaurant Supply Co., 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 transfer $225,000.00 from the SEDC's reserves to the Development Incentives account in connection with the Performance Agreement with Ace Mart Restaurant Supply Company. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 27th day of February 2018. PASSED, APPROVED and ADOPTED ON SECOND READING, the 13th day of March 0401 ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2- Agenda Item: 12 CITY COUNCIL MEMORANDUM City Council Meeting: February 27, 2018 Department: City Manager Office Subject: Resolution 18 -R -24 — Consideration and/or action approving Employee Policies related to Employee Conduct and Discipline in the Workplace BACKGROUND At the City Council meeting on February 13, 2018, . City Council was asked to approve four (4) updated policies — Harassment Prohibited, Sexual Harassment Prohibited, Reporting Sexual Harassment or Other Types of Harassment and Interpersonal Relationships. During discussions on the policies, Councilmember Kiser asked why sexual orientation was not included in the list of protected classes in the Harassment Prohibited policy. It should be noted that the Sexual Harassment Prohibited Policy does list as an example of prohibited sexual harassment "Harassing acts of behavior directed against a person on the basis of his or her sex or sexual orientation ". The issue of discrimination based on gender identity was also discussed. Neither sexual orientation nor gender identity are Federal or State protected classes and only those classes were listed in the Harassment Prohibited Policy. Staff is of the opinion that the recently approved policies do allow employees who harass another employee because of their sexual orientation or gender identity to be disciplined. Staff is now bringing back the Prohibition of Harassment policy with the additions of both. Sexual Orientation and Gender Identity. The City has in the past taken disciplinary action against an employee who harassed another employee on the basis of sexual orientation and would have done so in instances related to gender identity. Staff believes the inclusion of this additional language provides greater clarity of this intention by specifically delineating these two classes. These additions provide greater clarity to our employees and employment candidates. The additions clearly delineate in Policy that harassment taken upon these two groups will not be tolerated at the City of Schertz. This assists supervisors in educating and training their employees on the prohibition of harassment and correcting inappropriate behavior. SUMMARY OF RECOMMENDED ACTION Staff recommends approval of Resolution 18 -R -25. FISCAL IMPACT None ATTACHMENTS Resolution 18 -R -25 Prohibition of Harassment (Redlined) RESOLUTION NO. 18 -R -25 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AN EMPLOYEE POLICY RELATED TO EMPLOYEE CONDUCT AND DISCIPLINE IN THE WORKPLACE AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has determined that an addition to the Federal and State protections against harassment need to be included in the City's Prohibition on Harassment Policy; and WHEREAS, City staff have determined that these additions to the policy are necessary to establish appropriate workplace environment expectations and to lower the risk to the City from behavior that is prohibited by this policy; and WHEREAS, the additions to this policy will clarify the City's stance on harassment for current employees and potential candidates for positions in the future; and WHEREAS, City employees who choose to not follow these policies will be subject to discipline up to and including termination of employment; and WHEREAS, the City Charter, Section 6.02 Operational and Personnel Policies states that personnel policies which affect the budget and employee discipline and /or adverse actions shall be approved by the City Council; WHEREAS, the City Council has determined that it is in the best interest of the City to approve this updated policy attached hereto as Exhibit A; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the updated Prohibition of Harassment Policy 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 27th day of February, 2018. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Updated Prohibition of Harassment Policy Exhibit A NIN CGMMUNrrY SERVICE OPPORTUNMY CITY OF SCHERTZ EMPLOYEE HANDBOOK Harassment Prohibited PREPARED BY: Human Resources APPROVED BY: City Council DATE APPROVED: EFFECTIVE DATE: REPLACES VERSION: 5.2 Harassment 1. In accordance with federal and state law, it is the policy of the city to provide and maintain a work environment that is free of any and all forms of harassment based on race, age, gender, religion, color, disability, or national origin. in addition, the City Drohibits discrimination on the basis of sexual orientation or gender identity, The oCtty will not tolerate such harassing behavior at any time or for any reason. 2. No city employee may engage in conduct at work that involves or could be construed as involving harassment toward any city employee, resident, customer, or visitor on the basis of race, age, gender, religion, color, disability, or-national origin9 sexual orientation, or fender identity.-. 3. Employees shall report harassment pursuant to the Reporting Sexual Harassment or Other Types of Harassment policy. Informational Only CITY COUNCIL MEMORANDUM City Council Meeting: February 27, 2018 Department: Police Department- Code Enforcement Subject: Bandit Sign Removal Update (D.Wait /E. Sprad]ing /T.Brooks) BACKGROUND After the transition from the Marshal's Office to the Schertz Police Department, Code Enforcement was given a directive to create a plan of action to address the Bandit signs in the City. Officers scheduled Saturday enforcement beginning the next Saturday. The initial approach was aggressive in the fact that we picked up a large number of signs from the right of way and we were able to inform /educate the corporate citizens of the Ordinance. Beginning in February 2018, Officers have alternated to every other weekend, to maintain the enforcement of the Ordinance. To show comparison, in January 2017, 61 signs were removed and in February 2017, 54 signs were removed. There was a total of 765 signs removed from the right of ways from January 2017 through December 2017. In January 2018, 222 signs were removed and thus far in February 2018, 117 signs have been removed. There have been 339 signs removed from the right of ways year to date in 2018. The objective of this approach is to decrease the number of signs being placed illegally by having contractors realize the cost of sign replacement. Also, we are minimizing the visible blight caused by these signs and have the public and violators made aware that the City of Schertz is taking an aggressive approach to these signs. Patrol Officers are being scheduled for training on the enforcement of the ordinance in the next few weeks in an attempt to catch violators actively placing bandit signs. ATTACHMENTS 2017 chart 2018 chart Picture of confiscated bandit signs alliAl-WHE , • , Removed Bandit Signs ON JAN FEB MAR APP MAY JUNE JULY AUG SEPT OCT NOV EXEC 0 100 200 300 400 500 600 700 800 900 Removed Bandit Signs JAN FEB MAR APB MAY JUNE JULY AUG SET OCT NOV DEC 2018 Year to DR-tl YTD i 0 50 100 150 200 250 300 350 400 Date: 2/27/2018 From: Finance Department To: Mayor and Councilmembers Subject: Mayor and Council Compensation Ordinance 08 -G -31 provides for annual pay adjustments based on the January Consumer Price Index (CPI) for the South Region. The CPI report for January was released mid - February. Below is a table show the CPI percentage change and the compensation amounts per pay period. For the pay date of March 23, 2018, Mayor and Councilmember pay will be set to the 2018 amounts shown in the table. There will be no retroactive adjustment to the pay amount. Ordinance 08 -G -31 allows for the Mayor or Councilmembers to opt out of the pay change by submitting a letter with this intent to the City Manager. If you would like to remain at your current pay level please notify the City Manager by March 16, 2018. Thank you, James Walters Director of Finance 1400 Schertz Parkway Schanz, Texas 78154 210.6191000 2017 2018 Mayor $ 239.30 $ 243.61 Council $ 146.25 $ 148.88 CPI 1.8% For the pay date of March 23, 2018, Mayor and Councilmember pay will be set to the 2018 amounts shown in the table. There will be no retroactive adjustment to the pay amount. Ordinance 08 -G -31 allows for the Mayor or Councilmembers to opt out of the pay change by submitting a letter with this intent to the City Manager. If you would like to remain at your current pay level please notify the City Manager by March 16, 2018. Thank you, James Walters Director of Finance 1400 Schertz Parkway Schanz, Texas 78154 210.6191000 SOUTHEAST INFORMATION OFFICE: Atlanta, Ga. Technical information: (404) 893 -4222 BLSInfoAtianta @bis.gov www.bis.gov /regions /southeast Media contact: (404) 893 -4220 Consumer Price Index, South Region — January 2018 Prices in the South up 0.5 percent over the month and 1.8 percent over the year The Consumer Price Index for All Urban. Consumers (CPI -U) for the South increased 0.5 percent in January, the U.S. Bureau of Labor Statistics reported today. The all items less food and energy index increased 0.4 percent over the pricing period. Over the month, the energy index advanced 1.9 percent and the food index was up 0.4 percent. (Data in this report are not seasonally adjusted. Accordingly, month -to- month changes may reflect the impact of seasonal influences.) The all items CPI -U increased 1.8 percent for the 12 months ending January. The all items less food and energy index moved up 1.6 percent over the last year, and the energy index advanced 4.4 percent. The food index rose 1.4 percent since January 2017. (See chart 1.) M IN Ja.n, Apr Jul Oct ,is Saurce:U.S. Bureau nfLaer Statistics. Jan , Apr Jul Oct Jan Apr Jul Oct Jan lie 117 '19 Food The food index was up 0.4 percent in January. Prices for food at home rose 0.5 percent, largely due to a 2.2- percent increase in prices for fruits and vegetables. Prices for food away from home edged up 0.3 percent over the month. The food index rose 1.4 percent since January 2017, reflecting price increases for food away from home (1.9 percent) and for food at home (1.0 percent). Energy The energy index increased 1.9 percent in January, fueled by a 3.9- percent increase in motor fuel prices. In contrast, utility (piped) gas service prices decreased 1.4 percent and electricity prices inched down 0.1 percent over the month. From January 2017- January 2018, the energy index advanced 4.4 percent, reflecting a 6.7- percent increase for motor fuel prices. Prices for electricity and for utility (piped) gas service also increased over the year, up 1.8 percent each. All items less food and energy The all items less food and energy index rose 0.4 percent in January. The medical care services index-up 1.5 percent-contributed to a 1.1 percent increase in the medical care index. The index for shelter also increased over the month, edging up 0.3 percent. Since January 2017, the all items less food and energy index advanced 1.6 percent, led by an increase in the shelter index (3.3 percent). Table A. South region CPI -tJ 1 -month and 12 -month percent changes, all items index, not seasonally adjusted The Consumer Price Index for February 2018 is scheduled to be released on Tuesday, March 13, 2018. Technical Note The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI -U) which covers approximately 94 percent of the total population and 2 2014 2015 2016 2017 2018 Month 12- month 1 -month 12- month 1 -month 12- month 1 -month 12- month 1 -month 12- month January ....................... I...................... 1-month 1.7 -0.7 -0.4 0.0 1.2 0.5 2.6 0.5 1.8 February ............. ............................... 1.2 0.5 -0.3 0.1 0.7 0.2 2.8 March ................. ............................... 1.5 0.6 -0.3 0.6 0.7 0.0 2.2 April .................... ............................... 0.5 2.3 0.3 -0.6 0.4 0.9 0.2 2.0 May ..................... ............................... 0.2 2.4 0.4 -0.4 0.4 0.9 0.0 1.7 June... ... ............ ....... ............ 0.2 2.3 0.5 -0.1 0.4 0.8 0.2 1.5 July ..................... ............................... -0.1 2.0 -0.1 -0.1 -0.2 0.7 -0.2 1.6 August... ....... ....... __ ....... -0.2 1.7 -0.2 -0.2 0.1 1.0 0.4 1.9 September .......... ............................... 0.1 1.7 -0.2 -0.4 0.2 1.4 0.7 2.4 October.. ............ ....... ................ -0.3 1.6 0.0 -0.1 0.1 1.5 -0.2 2.0 November ........... ............................... -0.6 1.3 -0.2 0.3 -0.1 1.6 -0.1 2.1 December ........... ............................... -0.6 0.6 -0.4 0.5 0.1 2.0 -0.1 1.8 The Consumer Price Index for February 2018 is scheduled to be released on Tuesday, March 13, 2018. Technical Note The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI -U) which covers approximately 94 percent of the total population and 2 (2) a CPI for Urban Wage Earners and Clerical Workers (CPI -W) which covers 28 percent of the total population. The CPI -U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self - employed, short -term workers, the unemployed, and retirees and others not in the labor force. The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day -to -day living. Each month, prices are collected in 75 urban areas across the country from about 5,000 housing units and approximately 22,000 retail establishments— department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. The index measures price changes from a designated reference date (1.982 -84) that equals 100.0. An increase of 16.5 percent, for example, is shown as 116.5. This change can also be expressed in dollars as follows: the price of a base period "market basket" of goods and services in the CPI has risen from $10 in 1982 -84 to $1.1.65. For further details see the CPI home page on the Internet at www.bls.gov /cpi and the BLS Handbook of Methods, Chapter 1.7, The Consumer Price Index, available on the Internet at www.bls.gov /opub /hom /pdf /homch 17.pdf. In calculating the index, price changes for the various items in each location are averaged together with weights that represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. Because the sample size of a local area is smaller, the local area index is subject to substantially more sampling and other measurement error than the national index. In addition, local indexes are not adjusted for seasonal influences. As a result, local area indexes show greater volatility than the national index, although their long -term trends are quite similar. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period. The South region is comprised of Alabama, Arkansas, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia. Information in this release will be made available to sensory impaired individuals upon request. Voice phone: (202) 691 -5200; Federal Relay Service: (800) 877 -8339. 9 Table 1. Consumer Price Index for All Urban Consumers (CPI-U): Indexes and percent changes for selected periods South (1982-84=iD0 unless otherwise noted) Item and Group Nov. Indexes Dec. Jan. Percent change from- Jan. Nov. Dec. 2017 2017 2018 2017 2017 2017 Expenditure category Nonalcoholic beverages and - 164.438 166.650 - - 1.3 Owners'equiv. rent of residences(l)(2). 271,409 272.057 272,487 3.2 0.4 0.2 Owners'equiv. rent of primary 271.399 272.048 272.479 3.2 0.4 0.2 Household furnishings and operations ..... 119.831 119.787 121.071 -0.5 1.0 1.1 Tuition, other school fees, and child - 1,305.630 1,301.206 - - -0.3 Commodity and service group Note: See footnotes at end of table. Table 1. Consumer Price Index for All Urban Consumers (CPI -U): Indexes and percent changes for selected periods South (1982 -84 =100 unless otherwise noted) - Continued Item and Group Nov. Indexes Dec. Jan. Percent change from - 9 Jan. Nov. Dec. 2017 2017 2018 2017 2017 2017 Commodities ................. ............................... 181.684 180.850 182.220 0.6 0.3 0.8 Commodities less food and beverages .... 150.004 148.744 150.214 0.0 0.1 1.0 Nondurables less food and beverages. 197.260 194.085 196.795 1.5 -0.2 1.4 Nondurables less food, beverages, 236.501 234.263 238.680 2.6 0.9 1.9 and apparel ........ ............................... Durables ................ ............................... 106.502 106.710 107.269 -1.9 0.7 0.5 Services ......................... ............................... 296.320 296.436 297.560 2.6 0.4 0.4 Rent of shelter( 2) ....... ............................... 276.291 276.796 277.642 3.3 0.5 0.3 Transportation services ............................ 350.021 347.940 350.383 4.2 0.1 0.7 Other services ........... ............................... 338.771 338.649 338.585 -0.4 -0.1 0.0 Special aggregate indexes All items less medical care .............................. 227.011 226.605 227.671 1.8 0.3 0.5 All items less food ............ ............................... 236.934 236.480 237.785 1.9 0.4 0.6 All items less shelter ......... ............................... 228.032 227.358 228.784 1.1 0.3 0.6 Commodities less food ..... ............................... 152.505 151.259 152.706 0.1 0.1 1.0 Nondurables ..................... ............................... 221.593 220.076 221.959 1.5 0.2 0.9 Nondurables less food ...... ............................... 198.981 195.950 198.525 1.5 -0.2 1.3 Nondurables less food and apparel ................. 234.960 232.872 236.934 2.5 0.8 1.7 Services less rent of shelter (2) ........................ 330.741 330.365 331.864 1.7 0.3 0.5 Services less medical care services ................ 279.182 279.309 279.967 2.5 0.3 0.2 Energy .............................. ............................... 195.457 193.046 196.789 4.4 0.7 1.9 All items less energy ........ ............................... 244.510 244.387 245.370 1.6 0.4 0.4 All items less food and energy ..................... 243.990 243.786 244.776 1.6 0.3 0.4 Commodities less food and energy 145.529 144.896 145.423 -1.2 -0.1 0.4 commodities .............. ............................... Energy commodities .. ............................... 215.880 210.116 218.279 6.8 1.1 3.9 Services less energy services .................. 307.599 307.695 308.995 2.6 0.5 0.4 Footnotes (1) This index series was calculated using a Laspeyres estimator. All other item stratum index series were calculated using a geometric means estimator. (2) Indexes on a December 1982 =100 base. (3) Indexes on a December 1997 =100 base. (4) Special index based on a substantially smaller sample. (5) Indexes on a December 1993 =100 base. (6) Indexes on a December 1977 =100 base. - Data not available. Regions defined as the four Census regions. South includes Alabama, Arkansas, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia. NOTE: Index applies to a month as a whole, not to any specific date. Data not seasonally adjusted. ORDINANCE NO. 08 -G -31 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS REGARDING COMPENSATION FOR MEMBERS OF THE CITY COUNCIL OF THE CITY WHEREAS, Section 4.04 of the City Charter of the City of Schertz (the "City ") permits the City Council (the "Council ") to determine compensation for members of the Council, including the Mayor and the other members of the Council; and WHEREAS, by Ordinance No. 74 -G -38, the Council has previously provided for compensation for members of the Council for attendance at regular and special meetings of the Council, and such Ordinance was repealed by Ordinance No. 08 -E -29; and WHEREAS, the Council has determined that members should receive compensation for their service on the Council as set forth in this Ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. (a) Members of the City Council of the City of Schertz, Texas, including the Mayor and the other members of the Council, shall receive monthly compensation for their service as members of the Council as follows: (b) Such Total Compensation shall be adjusted up or down on each January 1, commencing January 1, 2010, by a percentage equal to the percentage increase or decrease in the Consumer Price Index, All Items, Not Seasonally Adjusted, South Urban, published by the United States Department of Commerce for such January 1 compared to the preceding January 1. (c) Such compensation shall be prorated on a daily basis for partial months of service and shall be paid for the preceding month on the second standard pay day of each month for City employees. (d) Members of the Council may also request reimbursement for out -of- pocket expenses incurred during performance of their official duties in accordance with reimbursement policies in effect from time to time for persons with car allowances and shall be entitled to use City - provided equipment in furtherance of their official duties in accordance with procedures established from time to time. SECTION 2. Members of the Council may at their discretion refuse to accept any or all of the compensation described in Section 1 by giving written notice thereof to the City Manager. SECTION 3. This Ordinance shall be effective immediately from and after its final passage and any publication in accordance with the requirements of the City and the laws of the State of Texas. The terms of this Ordinance shall be implemented as to Councilmembers for Places 3, 4, and 5 elected on May 5, 2009 (or any earlier date a person shall take office by appointment to fill Ordinance 08- G- 32.doc Base Compensation Car Allowance Total Compensation Mayor $300.00 $150.00 $450.00 Councilmembers $200.00 $ 75.00 $275.00 (b) Such Total Compensation shall be adjusted up or down on each January 1, commencing January 1, 2010, by a percentage equal to the percentage increase or decrease in the Consumer Price Index, All Items, Not Seasonally Adjusted, South Urban, published by the United States Department of Commerce for such January 1 compared to the preceding January 1. (c) Such compensation shall be prorated on a daily basis for partial months of service and shall be paid for the preceding month on the second standard pay day of each month for City employees. (d) Members of the Council may also request reimbursement for out -of- pocket expenses incurred during performance of their official duties in accordance with reimbursement policies in effect from time to time for persons with car allowances and shall be entitled to use City - provided equipment in furtherance of their official duties in accordance with procedures established from time to time. SECTION 2. Members of the Council may at their discretion refuse to accept any or all of the compensation described in Section 1 by giving written notice thereof to the City Manager. SECTION 3. This Ordinance shall be effective immediately from and after its final passage and any publication in accordance with the requirements of the City and the laws of the State of Texas. The terms of this Ordinance shall be implemented as to Councilmembers for Places 3, 4, and 5 elected on May 5, 2009 (or any earlier date a person shall take office by appointment to fill Ordinance 08- G- 32.doc a vacancy with such position) and for the Mayor and Councilmembers for Places 1 and 2 elected on May 4, 2010 (or any earlier date a person shall take office by appointment to fill a vacancy in such position). SECTION 4. This Ordinance shall be cumulative of all other ordinances of the City and repeals Ordinance No. 08 -G -29 of the City. Approved on first reading the 1 st day of July, 2008. PASSED, APPROVED AND ADOPTED the 8th day of July, 008. Mayor, Ci y of Schertz, Texas ATTEST: ity Secretary, City of Schertz, Texas - (SEAL OF THE CITY) 50085064.1 CITY COUNCIL MEMORANDUM City Council Meeting: February 27, 2017 Department: City Manager Subject: Traffic Safety Issues on Westchester between Valley Forge and Elbel Road Background During the City Council meeting on February 13, 2018 . Councilmember Scagliola requested a review of complaints that he had received regarding safety issues along Westchester Drive from Valley Forge to Elbe] Road. This section of street is approximately 30' wide and parking is allowed on the side of Westchester next to the Sycamore Creek Apartments. A citizen was concerned that the vehicles parking on this side of the street created a safety issue due to congestion, pedestrians moving in and around these vehicles and associated congestion at the intersection of Elbel Road and Westchester. Chief Hansen reviewed police records regarding accidents and reported traffic hazards in this area. In the last year, there were no accidents reported on Westchester or at the intersection of Elbe] and Westchester. There were four traffic hazard complaints called into PD during this same time. Two of the calls were officers assisting with crossing guard duties when a crossing guard was not available. The other two were illegally parked vehicles. City staff has reviewed this area in the past. This issue is going to be referred to the Transportation Safety Advisory Committee for review and study. City Council will be briefed on TSAC's findings and any recommendations from their review when they are complete. Informational Only M1 awo a 0L'Us 1a U 10IU [o7 71►`I 111101 City Council Meeting: February 27, 2018 Department: Subject: Engineering Scenic Hills Drainage Issue Update Q. Nowak, P.E.) The City retained LAN (one of our on -call Engineering Firms) to investigate options for addressing the storm water runoff entering into the Scenic Hills Subdivision the public roadway from the adjacent development. Staff reviewed the report generated by LAN and agreed that the recommended option, constructing a trench drain across the roadway adjacent to the Scenic Hills boundary, is the most effective option available. The next step was to secure funding for the design and construction of the trench drain. Public Works identified and has provided funding for this purpose. Council authorized retaining LAN to perform the design services for the trench drain via Resolution 18 -R -02. With Council authorization, Staff coordinated with LAN to develop a scope of work and prepare exhibits for the Professional Services contract with LAN. Staff is working with LAN to execute the design contract. The design process should have a relatively short duration, as the project is not very complicated. Staff estimates the design process should be complete in less than three weeks. Because the estimated cost of the trench drain is at least $50,000, the City is required to competitively bid the project. Once the project has been bid and the bids evaluated, Council will be asked to award the contract. Once awarded, Staff will issue a Notice to Proceed to the contractor and work to get construction started as quickly as possible. Informational Only M1 aWo a 0L,Us 1a U 10IU [o7 71►`I 111101 City Council Meeting: February 27, 2018 Department: Subject: BACKGROUND City Manager's Office Revised 2018 Master Calendar (S. Gonzalez) Each year staff drafts a Master Calendar that serves as a planning tool for the upcoming year. Council approved the 2018 Master Calendar at the November 14, 2017 Council meeting. Since the approval, the following changes have been made to the Master Calendar: • Move July 27 budget retreat to August 3; this allows staff time to review and evaluate the Certified Tax Rolls from Guadalupe, Bexar and Comal Appraisal Districts ATTACHMENTS Revised 2018 Master Calendar /City Council Calendar City of Schertz Master Calendar 2018 iimimimimimimiminr � � � I+rMw�wwr+rMw�wwrr�r 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 Ets�, 5 s ; ,` fit, 2 3 14 Valentines Day 15 MLK Holiday (office closed) 7 ' „ 9 11 12 13 a; 6 7 8 9 10 14 Ash Wednesday 14 5 16 r t 18 20 11 12 13 15 16 1z 16 Chinese New Year (Year of the Dog) 21 2 ,;'` 23 �� {1t� 26 27 18 19 (itd;rt� 23 24 19 Presidents Day Holiday (office closed) 28 29 30 31 25 2 ` °.; 27 T 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 17 Concert in the Park 20 Employee Remembrance Day 20 Spring Begins 25 Palm Sunday 30 Mar. - 7 Apr. Passover 30 Good Friday �nnnnnnnnnnnnnnnnnnnn � w w i i un i m0000000000000pppiip� S M T W T F S = 2 3 4 M 6 8 9 10 11 12 13 15 13 17 18' 19 20 24 25 2S,r 27 a Sd r ; 29 30 31 1 Easter 8 Movin on Main 19 Community Volunteer Fair 21 Community Shred Day 21 Movie in the Park 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 Corral County Fair 22 Autumn Begins 2 Hal Baldwin Golf Tournament 2 Movie in the Park 4 Daylight Savings Time Ends 6 Election Day 11 Veterans Day (office closed Nov. 12) 22 Thanksgiving (offices closed Nov. 22 & 23) SCUCISD HoNdays are in red .,� Mm M 3 Schertz Sweetheart Coronation s M_______ W v T _____F Econ Dev Corp wsw S mmmVM mm T W T F s 9 Movie in the Park 5 Concert in the Park 12 13 1' 2 i�r�,'i, 4 5 19 23 ;22 23 24 1 2 14 Flag Day 13 Mother's Day 6 ' , 8 6 11 12 3 i, 5 s 9 17 Father's Day 15 May - 14 June Ramadan 13 14 15 1 17 18 19 10 11 12 14 15 16 21 Summer Begins 19 Armed Forces Day 20 22 fs'�;.�? 25 26 17 18 19 s.' 21 22 23 28 Memorial Day Holiday (office closed) 27 ! 28 X 0� 31 2a 25 `,� �2 26 _ '� }� _` 29 30 S wwnnw�wnMUwwAA�w M ws � muinn T W T F S S IISw4MNwpwlAwww M- T �U I� QI ue4eulumwwNwMwurwrrMwwwww W T F S ;,,`}fir' 4 4 Movie in the Park 4 Independence Day (office closed) 1 2 3 4 5 6 7 5 r W 7 s 10 11 21 Movie in the Park 8 9 10 12 13 14 12 13 14 j 16 �� 17 18 15 16 17 j,, 19 20 21 19 20 21 ��r)t`d {;� 24 25. 22 24 27 28 26 28 29 30 31 3 Labor Day Holiday (office closed) 9 -11 Rosh Hashanah 11 Patriot Day 15 SchertzQ 18 -19 Yom Kippur 19 -23 Corral County Fair 22 Autumn Begins 2 Hal Baldwin Golf Tournament 2 Movie in the Park 4 Daylight Savings Time Ends 6 Election Day 11 Veterans Day (office closed Nov. 12) 22 Thanksgiving (offices closed Nov. 22 & 23) SCUCISD HoNdays are in red Council Meeting Council on the Go Meeting or Retreat City Holidays (office closed) SSLGC Animal Services Advisory Committee ** *Dates are subject to change. Check www.schertz.com for updated information * ** Revised 2.27.18 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 Festival of Angels 2 -10 Hanukkah 8 Movie in the Park 21 Winter Begins 25 Christmas Day (office closed Dec. 24 & 25) 26 Dec. -1 Jan. Kwanzaa 31 New Years Eve (office closed) S Mm M T W F S ts'ts(ylatr} lt, Econ Dev Corp trylir, ,.,r 2 3 4 1 J ;, 6 7 8' 9 10 11 12 13 16 17 18 19 23 ;22 23 24 25 27 28 29 30 Council Meeting Council on the Go Meeting or Retreat City Holidays (office closed) SSLGC Animal Services Advisory Committee ** *Dates are subject to change. Check www.schertz.com for updated information * ** Revised 2.27.18 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 Festival of Angels 2 -10 Hanukkah 8 Movie in the Park 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 �� ;r z1r:; Trans Safety Adv Comm Library Adv Bd'` Board of Adjustments ts'ts(ylatr} lt, Econ Dev Corp Parks & Recreation Adv Board CVLGC Historical Preservation Comm TIRZ Board LM Committee Committee of Committees Advisory Board City of Schertz City Council Calendar 2018 S) M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3< 7! 8 9 10 11 12 13 4 5 6 7 8 9 10 14 15 16 17 18 §0 20 11 12 13 14 15 16 17 21 ! 22 23 24 25 26 27 18 19 21 22 23 24 28 29 30 31 25 26 27 28 m00000000000000000i i o � i w mnnnnnnnnnnnnninnnm S !: M T W s T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I= 24 25 26 27 28 29 30 31 S M! T W T F S 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ! 21 22 23 24 25 26 27 28 29 30 31 S M T W T F S S M T W T F S 1 2 3 4 5 1 2: 6 7 8 9 10 11 12 3 4! 5 6 7 8 9... 13 14 15 16 17 18 19 10 11 ! 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 AII 30 31 24 25 26 27 28 29 30 S M! T W T F S 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ! 21 22 23 24 25 26 27 28 29 30 31 Council Meeting Council on the Go Meeting Special Called Council Workshop /Retreat ** *Dates are subject to change. Check www.schertz.com for updated information * ** Revised 2.27.18 S M T W T Fmm S 1 2 3, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Council Meeting Council on the Go Meeting Special Called Council Workshop /Retreat ** *Dates are subject to change. Check www.schertz.com for updated information * ** Revised 2.27.18