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12-11-2018 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL December 11, 2018 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Call to Order — Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Heyward) Presentation • Proclamation recognizing Zenobia Coverson for her charity efforts of the Forgotten Child Program. (Mayor Carpenter) • Miss Azlin Anderson signed published book presentation "Meet Pumpkin Dog ". (Mayor Carpenter) • Santikos Entertainment check presentation to the Police Department. (M. Hansen) 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. 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. 12 -11 -2018 Council Agenda Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Dearing of `Residents portion of'the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Consideration and/or action regarding the approval of the minutes of the regular meeting of December 4, 2018. (B. Dennis) 2. Ordinance No. 18 -M -41 — Consideration and /or action approving an Ordinance amending the City of Schertz Code of Ordinances and certain other ordinances by amending and establishing fees for certain licenses, permits and other services provided by the City of Schertz. Final Reading (B. James /J. Walters) 3. Resolution No. 18 -R -148— Consideration and/or action approving a Resolution accepting the Semiannual Reports with respect to the progress of the Capital Improvements Plan. (B. James /J. Walters) 4. Resolution No. 18 -R -150 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing an amendment to Resolution No. 18 -R -140 for the purchase of a brush truck for $1.50,000 to Chastang Ford, and additional equipment, maintenance, and repairs up to $110,000 with Siddons Martin Emergency Group for FY 2018 -2019. (D. Wait/K. Long) 5. Resolution No. 18 -R -153 — Consideration and /or action approving a Resolution appointing and re- appointing Directors of the Tax Increment Reinvestment Zone Number Two, City of Schertz, Texas. (B. James) Discussion and Action Items 6. Resolution No. 18 -R -151 — Consideration and/or action approving a Resolution authorizing the disposition of the Schertz Historical Preservation Committee property. (B. James) 7. Resolution No. 18 -R -152 — Consideration and/or action approving a Resolution authorizing the Schertz Main Street Local Flavor Economic Development Program. (B. James) Roll Call Vote Confirmation Workshop 12 -11 -2018 City Council Agenda Page - 2 - • SEDC Annual Report - Workshop discussion regarding the City of Schertz Economic Development Corporation (SEDC) Report. (B. James /K. Kinateder) • Schertz- Seguin Local Government Corporation — Discussion and update regarding the Schertz - Seguin Local. Government Corporation Parallel. Pipeline. (D. Wait/A. Beard) • Council Committee and Liaison Assignments - Discussion and possible action . regarding various Council liaison positions. (Mayor /Council /B. Dennis) Requests and Announcements • Announcements by the Acting City Manager. • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. • 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 8. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Schertz Area Senior Center Overview. (B. James /L. Shrum) • Small Business Grant — Performance Agreement between the City of Schertz Economic Development Corporation and Millennium Packaging LP. (K. Kinateder) Closed Session 9. City Council will meet in closed session under Section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. • Project E -048 Reconvene into Regular Session 12 -11 -2018 City Council Agenda Page - 3 - 9a. Project E -048 — Navistar Inc. — Discussion and possible action relating to the authorization of SEDC funds for the creation or retention of primary jobs. Roll Call Vote Confirmation Adiournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 7th DAY OF DECEMBER 2018 AT 4:15 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�NDA DENN1,S Brenda Dennis, City Secretar I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF , 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 12 -11 -2018 City Council Agenda Page - 4 - 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 Heyward — Place 6 Councilmember Brown — Place 7 12 -11 -2018 City Council Agenda Page - 5 - Workshop A CITY COUNCIL MEMORANDUM City Council: December 11, 2018 Department: Economic Development Subject: SEDC Annual Report FY 2017 -18 C• � 1 The Annual Report covers the SEDC's fiscal year (October 1, 2017 to September 30, 2018) and includes an overview of our recruitment and retention efforts, data covering city demographics and the business community, details on active Projects, an overview of development in Schertz, and the SEDC's annual financial summary. The Annual Report was presented to, and approved by, the SEDC Board on November 29, 2018. COMMUNITY BENEFIT The Annual Report offer details that inform readers on economic development activities occurring throughout the community during the fiscal year. FISCAL IMPACT None ATTACHMENTS SEDC Annual Report FY 201.7 -1.8 t I}tr it? all 7 rr t," "S Ali�us ;.r4rrrr i r t � �3ts r tri I it, r rsTe fit.-U( -�t-j Cf7 I, I. te!�Ar- f A#Te�C L L III I .Fe U ILY. I "TrMe-11 and Infrastructure Improvements. The City of Schertz is fortunate to have a variety of Primary Job Employers - companies that create PrimaryJobs. In Schertz, examples of companies that create Primary Jobs are associated with our key industries of: manufacturing, warehouse and distribution, and e-commerce because they export goods/services to regional, statewide, national, or international markets. CalTex Protective Coatings is an example of a Schertz company that creates Primary Jobs. They manufacture sealants and other car-care products. These products are exported to other markets, such as Kansas City, and in return new money is created in Schertz. This is what creates and maintains the flow of new wealth into our community. On the other hand, an example of a business sector that does not create Primary Jobs is retail or medical. Purchases made at a local shopping center or payments made when visiting the doctor generally use existing money to pay for those goods or services. These businesses rely on new money that was created through the companies that generate Primary Jobs to fuel our local economy. PRODUCT NEW MONEY PAYCHECKS A Schertz Primary Job 2 The Product Is Exported To The Schertz Primary Job Employer Primary Job Employees Are Paid & Employer Produces A Product Another Community Or Region 03 Is Paid In Exchange For The Product %0 Infuse New Money Into Local Economy am Site Selectors Guild Direct Company Contact I Personal Connection In-person com!a�n though difficult to come b �, are the most effective way of engaging with companies as they are making site selection decisions. Direct company visits involve meeting with the key decision maker for the site selection decision. ,rrade Shows I Engage Growing Companies Trade shows are a way to engage large numbers of companies within the SEDC's target industries over a short amount of time. Most com i anies that attend trade shows are there because thev ar,-. 8 15 W E B S IT E Shown are analytics from SchertzEDC,com with arrows/percentages demonstrating change from the previous year. Analytics have been adjusted to remove internal traffic/web crawlers. WEBPAGES The SEDC strives to develop content on our website that engages Primary Job Employers, site selection consultants, and developers. Shown are examples of some of the more heavily trafficked SEDC webpages. logo T W I T T E R The SEX uses twitter to promote its vvebsite events and relevant community information. Through our handle, @SchertzEDC, we use Twitter to engage with stakeholders and communicate information. MINE Profile Visits Individual Tweets # of times users visited released by quarter the SEDC profile page Quarter I (Oct-Dec) Quarter 2 (Jan-Mar) Quarter 3 (Apr-Jun) ANSI, Quarter 4 (Jul-Sept) 01 m F3 �ANSIC� Once a Primary Job Employer begins operations in Schertz, they have access to our Business Retention and Expansion (BRE) program. Through this program companies receive continuous outreach, problem-solving assistance, and forums tovoice their needs. Guiding these efforts is the BRE Plan, which has three main sections: ASSESSMENT RESOURCES STRATEGIC ACTIONS Determine if companies are |dendfyretendon/expandon Create steps tnaddress ready for expansion or at-risk events, programs, and community+wideand ofdosing/|eaving financial resources isolated issues I Roumdtables Business Visits Retention Events Goal 9 48 4 I G H L I G H T S Manufacturing Day CalTex I October 5 Manufacturing Day addresses common misperceptions about manufacturing by giving companies the opportunity to open their doors and show, in a coordinated effort, what manufacturing is — and what it is not. At its core, Manufacturing Day is a united effort to grow our local labor force, connect future generations, take charge of the public image of manufacturing, and ensure the ongoing prosperity of the industry as a whole. This year, 138 students visited Schertz' CalTex facility and explored career opportunities available in this expanding industry. 14 a sm n 0 qk 261 ME 1* n TEXAS PLUMBING SUPPLY 2017 Texas Plumbing Supply Company Inc., a veteran-owned and family-operated small business, completed its 35,100 square foot warehouse & distribution facility in 2017 and was the SEDC's first small business -focused incentive. Texas Plumbing Supply chose Schertz for their newest distribution facility as it strategically serves both the areas south of Austin including San Antonio and South Texas. ACE MART I Ace Mart Restaurant Supply Co. (Ace Mert), distributor to operators, caterers, concessionaires, home chefs, and more, opened their new 215,7G5 square foot distribution center in ScheMz in 2018. Established in 1975, Ace Mart is an innovative leader in the industry with 17 warehouse showroom stores throughout Texas. Ace Mart is able to serve the entire state of Texas from its Schertzfacility. SCHERTZ 312 1 2018 312 acres for new industrial development. This project is significant for the City of Schertz because it helps create a development ready site for a single million square foot user. Adjacent properties will also benefit from the roadway, water, and waste water improvements being made as part of this project. WEIDERSTEIN RANCH 112018 Weiderstein Ranch 1 entered into an agreement with the SEDC in April 2018 to provide water and waste water infrastructure improvements to their development. The 17 acre site will attract anchor tenants th will be used to leverage development of adjacent property and add retail & entertainment opportunitie within the City. Under their agreement, Weiderstein Ranch I will receive a reimbursement for the I KELLUM |2018 Kellum Family Medicine Inc. partnered with the SEDC in July 2018 for infrastructure improvements to their new medical center, The SEDC chose to participate with this project because the addition of Kellum Schertz Medical Center helps add much needed office space within the City. The proposed development will include three office buildings that will create 39,000 square feet of new office space, SCHERTZ~125-LOOKOUT ROAD INTERSECTION 1 2018 Titan Lookout LLC entered into an SEDC agreement in September 2018 to provide roadway infrastructure improvements at the intersection of Schertz Parkway and Lookout Road. The roadway improvements will provide immediate benefit to the Titan Industrial Park and adjacent properties while also helping to alleviate issues that affect the entire region. 4 NEW ACTIVE AGREEMENTS ADDED IN FY 2017-18 Nw I TOTAL ACTIVE AGREEMENTS 3AS OF SEPT 30, 2018 DEVELOP J ' REAL ESTATE Annual comparison data for the Industrial, Office,& Retail sectors for both the Schertz and San Antonio market. For definitions of terms, see the Real Estate section on the following page. SCHERTZ •4 (FY 2016-17) • ('17-18) • ('17-18) • ('17-18) Q4 0 f f i c e R e t a i I *Note that outliers and missing data deflate this figure. When looking at available spaces, the Q4 FY 2017-18 average rent per square foot per year range is $19-24 (NNN). SAN ANTONIO I n d u s t r i a I Q4 (FY 2016-17) Q1 ('17-18) Q2 ('17-18) Q3 ('17-18) Q4 ('17-18) 0 f f i c e R e t a i I kfil I n d u s t r i a I � -ID Average Asking Price - The amount for which landlords are offering their space per square foot, per year for lease for a listing. The NNN stands for Triple Net rent. In this type of commercial real estate rent, tenants pay the amount listed plus additional costs (usually operating expenses and taxes). Vacancy Rate - Expressed as a percentage, Vacancy Rate identifies the amount of new/relet/sublet space vacant divided by the existing rental building area (includes the usable area and its associated share of the common areas). 'tuarterly Absorption - For existing buildings, the measure of total square feet occupied (indicated as a move-in) less the total — space vacated (indicated as a move-out) over a given period of time. Sublet space and lease renewals are not factored into net 2.bsorption. However, in a lease renewal that includes the leasing of additional space, that additional space is counted in net 21asorption. Pre-leasin-9 of space in noft-existft build _ags_�p� under construction or under renovation is not counted in net ?.bsorption until actual move in, which by definition may not be any earlier than the delivery date. Quarter 1 Quarter Quarter 3 Quarter TOTAL 10/17 12/I7 1/18 -3/18 4/18-6/18 7/18 -9/18 FY 2017-18 10/16 12/16 1/17-3/17 4/17-6/17 7/17-9/17 FY 2016-17 �� The number of permits is n�°~mm��m� �� higher than those issued during the same period last year. W. Development across the City is not limited to projects with SEDC active incentive agreements. This year, Schertz experienced consistent delivery of new commercial and civic development. Thanks to a variety of City departments, from Planning and Engineering to Inspections and Fire, development continues to strengthen our community. COMPLETIONS QUARTER 2 9. Southeastern Freight Lines Fleet Servicing Facility -17454 Campus Drive ID. Ace Mart -9S58 Doerr Lane 11. Monde|�zExpansion 1OO1 Assembly Circle QUARTER 3 (-2. Texas Allergy & Asthma - 3746 Schertz Parkway 13. Simmonds Realty - 17148 Interstate 35 ( 4. Starbucks/Retail - 917 FM 3009 (5. Texas Plumbing Supply - 17992 Red Iron QUARTER 4 C6. Danville Middle School - 370 Hubertus Road U. Rose Garden Elementary - 10414 E. FM 1518 (8. Enterprise Building V - 17745 Lookout Road wm �f 1 1, i %r�l � a t D li K F3()AHE Workshop B 0111 MOL11"LlusI NO 1 Old [o7 710 QUU1 City Council Meeting: December 11, 2018 Department: City Manager Subject: Workshop discussion regarding an update on the Schertz Seguin Local Government Corporation Parallel Pipeline Parallel Pipeline: SSLGC received capital funding from the Texas Water Development Board in 2016 to construct a second well field capable of producing 5,000 acre feet of water in Guadalupe County and a parallel 36" pipeline from Seguin to Schertz. This water and pipeline are critical to the overall water supply picture for the City of Schertz over the next fifty years and beyond. SSLGC Staff are moving the project forward at an appropriate pace and the land consultant has almost completed the acquisition of easements for the route of the 2nd pipeline. Due to the methods used for the first pipeline, it is necessary to acquire a whole new set of easements for this second pipeline even with its proximity to the original line. As this work has progressed, it has become obvious that there will be a handful of easements that will need to be acquired by eminent domain procedures. The land agent has notified staff from both cities that it is likely in January that both Councils will be asked to authorize the proceedings to acquire the remaining small handful of parcels via condemnation. In order for Council to prepare for this, Staff will update them on the progress of both the well field project as well as the parallel pipeline in anticipation of action needing to be taken in January. Workshop C CITY COUNCIL MEMORANDUM City Council Meeting: December 11, 2018 Department: Subject: BACKGROUND Council Workshop — Discussion regarding City Council liaison position vacancies Traditionally, after the conclusion of each fiscal year and following the local November election City Council reviews their liaison assignments on various committees, groups, boards and corporations. The purpose for this annual review is to fill any vacancies that may occur due to the results of the election and/or consider re- assignments by any councilmember who may wish . to transfer from one board to another. The following committees currently have vacancies: -- Schertz Animal Services Advisory Commission (I vacancy) (Previously held by Councilmember Kiser) - -Audit Committee (I vacancy) (Previously held by Councilmember Kiser) -- Interview Committee for Boards and Commissions (I vacancy) (Previously held by Councilmember Crawford -- Schertz - Seguin Local Government Corporation (I vacancy) (Previously held by Councilmember Crawford) - -TIRZ II Board (I vacancy) (Previously held by Councilmember;Crawford) Current City Council liaison assignment committees are as follows: 1. Schertz Animal Services Advisory Committee 2. Schertz Housing Authority Board 3. Schertz Seguin Local Government Corporation (SSLGC) 4. Interview Committee for Appointments to City Boards and Commissions 5. Cibolo Valley Local. Government Corporation (CVLGC) 6. Lone Star Rail District Board - ( U NTLV INA T! VE) 6. Audit Committee 7. Investment Advisory Committee Board 8. Hal. Baldwin Scholarship Committee 9. TIRZ II Board 10. Main Street Committee City Council Memorandum Page 2 FISCAL IMPACT None Staff recommends Council discuss the following City Liaison Assignments: 1. Schertz Animal Services Advisory Committee (one vacancy) (Councilmember Kiser served) • Meets at least three (3) times a year or as often as needed. • Location of Meeting: Schertz Animal Adoption Center, 800 Community Circle, Schertz, TX, usually around 12:30 or 1:00 p.m. • Consists of four (4) members which include: 1) a municipal official, 2) a licensed veterinarian, 3) a shelter operator and 4) a member of an animal welfare organization. The members visit the animal shelter at times selected by the committee and make any recommendations concerning animal care services and shelter operating procedures to maintain compliance with guidelines found in the Health and Safety Code Chapter 823. Animal Shelters. 2. Schertz Housing Authority Board (no vacancy) (Councilmember Davis currently serves) • Meets once a month on the second Monday. • Location of Meeting: 204 Schertz Pkwy, Schertz, TX at 6:30 p.m. • Consists of five (5) City Mayoral Appointed Board Commissioners responsible for establishing policies for the Housing Authority and overseeing program compliance as required by the State of Texas and HUD -US Dept. of Housing and Urban Development. The Mayor appoints the Council liaison. The Schertz Housing Authority administers both a public housing and Section 8 housing voucher program. The housing authority owns and manages one project which contains 76 affordable rental units. It also administers 153 Section 8 housing vouchers. Also, according to the Department of Housing and Urban Development (HUD), the housing authority is designated as `Small,' meaning it administers 50 - 249 Section 8 vouchers. 3. Schertz Seguin Local Government Corporation (SSLGC) (one vacancy) (Councilmember Crawford served and Mayor Pro- Tem Scagliola is alternate) • Meets once a month on the third Thursday. • Location of Meeting: 108 W. Mountain Street, Seguin, TX at 1:30 p.m. • Consists of five (5) Directors and two (2) ex officio non - voting members — one from Seguin and one from Schertz. City Council Memorandum Page 3 SSLGC is not a committee of the City of Schertz, but a separate corporation owned equally by the cities of Schertz and Seguin. The Schertz- Seguin Local. Government Corporation (SSLGC) was created as a whole -sale water supply system. The Carrizo Aquifer is utilized for this purpose to benefit the cities of Schertz and Seguin. SSLGC was formed in December 1998 under Subchapter D of Chapter 431 of the Texas Transportation Code. It is governed by a board of five directors and two ex- officio appointed by the City Councils of Schertz and Seguin. SSLGC began actual production in September 2002 and has continued to grow to serve the cities of Schertz and Seguin as their primary water source. SSLGC maintains a strong wholesale water customer base including contracts with the Cities of Selma and Universal City as well as Springs -Hill Water Supply Corporation and the San Antonio Water System. 4. Interview Committee for Appointments to City Boards and Commissions (one vacancy) (Mayor Pro -Tem Scagliola, Councilmember Edwards, Councilmember Davis currently serves, & Councilmember Crawford sewed) • Meets annually during late April or early May. • Location of Meeting: ] 400 Schertz Pkwy, Council Chambers (Bldg.4) Conference Room at 6:00 p.m. • Consists of four (4) members, and three (3) mayor /council members. The Interview Committee is responsible for reviewing applicants from residents of the city who have expressed an interest in serving on a City board, committee, or commission. After review of all the applications on file and /or doing personal interviews, recommendations are submitted to the City Secretary office for notification and processing. 5. Cibolo Valley Local Government Corporation (CVLGC) (No vacancy) (Councilmember Edwards currently serves and Mayor Pro -Tem Scagliola is alternate) • Meets each month on the fourth Thursday. • Location of Meeting: Every other month at the: City of Schertz Council Chambers, 1400 Schertz Pkwy, and City of Cibolo Council Chambers, 200 S. Main St. at 9:00 a.m. • Consists of 4 directors. Cibolo Valley Local Government Corporation filed as a domestic nonprofit corporation in the State of Texas on July 11, 2011. The purposes for which the corporation was organized were to aid and assist the cities (Schertz, Cibolo, Selma, Seguin, and Converse) in acquiring, constructing, leasing, improving, enlarging, extending, repairing, maintaining, and operating a water utility system pursuant to the provisions of Chapter 552 of the Texas Local Government code. The current official office is located at 1.08 W. Mountain Street in Seguin, TX. The organization is now a separate corporation owned equally by the cities of Schertz and Cibolo. 6. Lone Star Rail District Board - City Council Memorandum Page 4 The Board of Directors is made up of elected officials and private sector leaders who represent the cities and counties, other regional transportation agencies, and the general public. Lone Star Rail District holds public meetings quarterly in San Marcos. In the late 1.990s, TxDOT and the Austin and San. Antonio metropolitan planning organizations ( CAMPO and SA -BC MPO), and the Austin and San Antonio transit authorities (Capital Metro and VIA) formed a regional partnership to fund and manage a feasibility study of passenger rail service on the existing Union Pacific freight line that parallels I -35 between Georgetown and San Antonio. The study concluded that a commuter rail system between Georgetown and San Antonio is technically and financially feasible. The study provided basic information on the proposed passenger rail system such as ridership forecasts, capital costs, rail operation costs and revenues, passenger stations and intermodal connections, financing scenarios, and Union Pacific freight demand and possible routes for relocating freight traffic. Lone Star Rail District's Board of Directors meets quarterly in March, June, September and December. Meetings are held at the San Marcos Activity Center, 501 E. Hopkins Road in San Marcos, unless otherwise noted on the meeting calendar. The Executive Committee of the Board meets monthly in months when there is no scheduled Board meeting. In light of the August 8, 2016 vote of the CAMPO Transportation Policy Board, the Lone Star Rail District has temporarily suspended work as of August 9 on its Environmental Impact Statement (EIS) for the LSTAR passenger rail service, pending discussions with its EIS co -lead agencies - the Federal Highway Administration and TxDOT. 7. Audit Committee (one vacancy) (Councilmember Davis, Councilmember Gutierrez currently serves, and Councilmember Kiser served) • Meets annually in February or March (or as otherwise needed) • Location of Meeting: Bldg. #2 — Administration Conference Room • Consists of seven (7) members to include Mayor & two (2) councilmembers The Audit Committee reviews the City's annual financial statement submitted by the Auditors and recommends acceptance to the City Council. This committee also reviews proposals /bids for Auditing firms when the City looks for new auditors. The seven members usually consist of the Mayor, two councilmembers, Executive Director of Services, City Manager, Finance Director and the Assistant Finance Director. 8. Investment Advisory Committee (no vacancy) (Councilmembers Gutierrez and Larson currently serves) • Meets twice annually: in December and April • Location of Meeting: Bldg. #2 — Administration. Conference Room City Council Memorandum Page 5 • Consists of nine (9) members: Mayor, one Councilmember, three Executive Directors, City Manager, Finance Director, Assistant Finance Director and a Financial Analyst The Investment Advisory Committee reviews the City's investment portfolio, processes, and practices to ensure adherence to the Public Funds Investment Act and to the adopted Investment Policy. They meet twice per year and will need to be certified on the Public Funds Investment Act every other year. The Investment Policy is reviewed by Council annually and the Committee will review changes proposed by staff to make sure it is in compliance with the Public Funds Investment Act and in the best interest of the City. 9. Hal Baldwin Scholarship Committee (no vacancy) (Mayor Pro -Tem Scagliola currently serves) Meets as needed. • Location of Meeting: City Council Chambers (Bldg. 4) Conference Room • Consists of four members (one being a council member) The City of Schertz established the Hal. Baldwin. Scholarship to encourage high school seniors who are residents of Schertz to consider public service as a career path in education, local, state and/or federal government. The scholarship honors Hal Baldwin, who served the City for more than 30 years as a civic volunteer, an employee, a Councilmember, and Mayor. The Scholarship is awarded annually on a competitive basis and is open to any currently enrolled high school senior who resides in Schertz. The Scholarship Panel reviews each complete application package and submits their recommended Scholarship recipient(s)' name(s) to the Schertz City Council. The final selection is announced later during the year at a regular council meeting and checks are presented to the students. The City Manager's office serves as the liaison for this committee. 10. TIRZ II Board (one vacancy) (Councilmember Crawford served) Meets on the 2" d Tuesday's months of February 13th, April l Oth, July 10th, and October 9th — Bob Andrews Conference Room 4:00 p.m. • Consists of 11 members In Ordinance No. 06 -T -61 dated December 19, 2006, the City Council of the City of Schertz designated TAX INCREMENT REINVESTMENT ZONE NUMBER TWO CITY OF SCHERTZ TEXAS the Zone to enable the development of approximately 825 acres of land which may contain up to 2200 residential units pursuant to the PUD described below with estimated average sales prices of 140,000 - -$ 240,000 per single family home and approximately 130 acres of open space including but not limited to public parks and trails to be known as the Sedona development. The project will result in a primarily residential development located in the southern portion of the City. The Zone was established pursuant to the provisions of the Tax Increment Financing "TIF" Act, Chapter 311, Texas Tax Code as amended. City Council Memorandum Page 6 The developer of the project is SCHERTZ 1518 LTD. The Developer is requesting that the City of Schertz, Bexar County and the SAN ANTONIO River Authority (SARA) participate in the tax increment financing to help fund public infrastructure improvements to be located within the development. The duration of the Zone is projected to be twenty - one 21 years with the Zone being in existence through calendar year 2027. 11. Main Street Committee (no vacancy) (Mayor Carpenter, Mayor Pro -Tem Edwards, Councilmember Davis, and Councilmember Larson currently serve) Meets as needed Location of Meeting: 1400 Schertz Pkwy, Bldg. 4, Council Chambers Conference Room, generally right after the regular Tuesday City Council meeting. Consists of 4 Councilmembers and the Mayor. Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: December 11, 2018 Department: Subject: City Secretary Minutes The City Council held a Regular City Council meeting on December 4, 2018. . HHZTG • ' • On RM Staff recommends Council approve the minutes of the regular meeting of December 4, 2018. . ATTACHMENTS Minutes of the regular meeting of December 4, 2018. MINUTES REGULAR MEETING December 4, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 4, 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 Cedric Edwards Staff Present: Executive Director Dudley Wait City Secretary Brenda Dennis Councilmembers Larson and Brown were absen Mayor Carpenter called the regular meeting to Or Mayor Pro -Tem arney Charlie t to City Man at 6:02 p.m. cagliola rutierrez Heyward an James ,ch .-r Sarah Gonzalez followed by the Pledges of Allegiance to • Public Works' Water Serviceman I - Jose Martinez Water /Sewer Forman Jered M lieit prodded a brief bio on their new employee and Mayor and Council welcomed him on board. Events • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who provided the following announcements: • Wednesday, December 5` Ribbon Cutting — Schertz Family Dental 4:00 pm 2184 FM 3009 1.2 -04 -201.8 Minutes Page -1- • Saturday, December 811 Schertz EMS CPR & First Aid Training Schertz EMS will be conducting a public CPR/AED and First Aid class on Saturday, December 8. CP:R/AED will run from 9:00 AM — 12:00 PM and the First Aid course will run from 1:00 PM — 4:00 PM. Both courses will be located in the EMS training room and will certify the students for two years. A card will be provided at the end of the course. The cost is $30 for one course or $50 for two courses. For more information and to reserve a spot, • Saturday, December 8th Movie in the Park Featuring Santi pm — 8:00 pm Schertz Dog Park — 940 Community_ We welcome you and your pets to get lawn chairs. • Tuesday, December 11th Council. Chambers • Wednesday, December 12th Blood Drive 8:00 ,AM' - noon Parking lot of Community Center • Announcements EMS at (210) 619 -1400 City Manager (B. James) and Mr, ' James stated that th& Federal Government and the State of Texas offices are closing tomorrow as a day—of mourning in respect for former U.S. President George H.W. Bush. e along with most of the cites in the area will not close as we have residents who are expecting services from the City- the need to pay water bills, have inspections, etc. We felt this unanticipated closure would cause too great of a disruption on our citizens. • Announcements and recognitions by the Mayor. (M. Carpenter) Mayor Carpenter stated we will hear from others later on, but he wanted to say that the Holidazzel event that was put on Saturday went off very well; he complimented all those involved in its planning. Everyone he spoke with had positive things to say. Hearing of Residents • Mr. Glen Outlaw, 3729 Forsyth Park, who provided information on contacting the City regarding information on the location of the Dog Park. He complimented and relayed good 1.2 -04 -201.8 Minutes Page - 2 - comments to 311 staff member Sherry Davis who answered his question; he thanked the city for having this service to the citizens. • Mrs. Maggie Titterington, The Chamber President, who provided the following information on upcoming events: Wednesday, December 5th, 4:00 p.m., Ribbon Cutting for Schertz Family Dental —21.84 FM 3009. Friday, December 7th, new restaurant opening called Kindling Texas Kitchen in Cibolo, at 3:45 p.m., Ribbon. Cutting, 4:00 p.m. they will be serving samples of really unique Texas cuisine. Friday, December 14th, Allure Integrated Pet Sl%eiahsts formerly called Westridge Pet Hospital will be hosting a ground- breaking ceremony at 9:00 a.m., location is IH 35 North. to Schwab Road — 22525 IH 35 Frontage Road, turn around and stay ors the access road before Baker Corp — in lot north of Baker Corp., Consent Agenda Items Mayor Carpenter read the following 1. Minutes — Consideration and/or act meeting of November ,27,w2018. (B. The following Approval of the 2. Resinatioh items: of the minutes of the regular of November 27, 2018. the various City Boards, Commissions and Committees — ),r action approving the resignation of Tim Brown from the Capital scary Committee. (B. Dennis /Council) The followin4 was read into record: of Mr. Tim Brown from the Capital Improvements Advisory Committee. 3. Ordinance No. 18 -T -38 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz Texas authorizing an adjustment to the Fiscal Year 2018- 2019 Budget, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. Final reading (B. James /J. Walters) The following was read into record: 12 -04 -2018 Minutes Page - 3 - ORDINANCE NO. 18-T-38 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2018-2019 BUDGET, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 4. Ordinance No. 18-5 -37 —Consideration and/or action approving an Ordinance on a request to rezone approximately 17 acres of land from General, "Business District (GB) and Manufacturing Light District (M-1) to Planned Developnient District (PDD), located at 18658 1-35N, Schertz, Guadalupe County, Texas. Final Reading (13. James/L. Wood/N. Koplyay) The following was read into record: ORDINANCE NO."118-S-37 Mayor Carpenter stated that item six (6) is now considered on consent. 6. Ordinance No. 18-M-41 — Consideration and/or action approving an Ordinance amending the City of Schertz Code of Ordinances and certain other ordinances by amending and establishing fees for certain licenses, permits and other services provided by the City of Schertz. First Reading (13. James/J. Walters) The following was read into record: 12-04-2018 Minutes Page - 4 - AN ORDINANCE i OF OF , AMENDING OF CODE OF ORDINANCES AN1 CERTAIN OTHER ORDINANCES BY AMENDING AND ESTABLISHING FEES FOR CERTAIN LICENSES, PERMITS, 1 OTHER SERVICES PROVIDED BY OF SCHERTZ Mayor Carpenter asked Councilmember Davis if he would amend :his motion to be inclusive of item number six (6), seconded by Councilmember Gutierrez to approve consent items 1 through 4 and item 6. The vote was unanimous with Mayor Pro -Tem Scagliola; Councilmembers Davis, Gutierrez, Edwards, and Heyward voting for and no one voting no. Cauncilmembers Larson and Brown were absent. Motion Passed. Discussion and Action Items 5. Resolution No. 18 -R -149 — Consideration and/or: action approving a Resolution terminating the Development Agreement and associated Amendments with GE Oil & Gas LLC. and other matters connected, therewith. (B. James /�: ,Kinateder) The following was read into record: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TERMINATIN THE DEVELOPMENT AGREEMENT AMONG THE CITY OF SCHERTZ, TEXAS, THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, AND ' GE ' UL AND GAS, LLC.; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter' recognized : EDC Executive Director Kyle Kinateder who stated that information was provided in the' packet. He stated that as many of you are aware GE Oil an&C68 has announced that they will be closing their facility officially by the end of this month. The City of Schertz and the City of Schertz Economic Development Corporation had an ag'rOeme,nt with them. Throughout the term of the agreement they were compliant with their agreement.v They requested in October that their agreement be voluntarily terminated. They, repaid the amount of the incentive which was outlined as the default amount; however, the agreement does not call for a voluntary termination and we ran this item through the EDC Board last Thursday to accept a resolution officially terminating the agreement and associated amendments. You have before you a City resolution to terminate the City's portion of the agreement. 12 -04 -201.8 Minutes Page - 5 - Staff recommends voluntarily terminating the Development Agreement and associated amendments through the approval of an SEDC resolution and further recommends the City Council for the City of Schertz consider taking the same action. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved seconded by Councilmember Edwards to approve Resolution No. 1.8 -R -149. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Edwards, and Heyward voting for and no one voting no. Councilmembers Larson and Brown were absent. Motion Passed. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the Roll Call Vote Qoa Closed Session Mayor Carpenter recessed into closed session at &20 p. following: 9. City Council will meet in closed Consultation with the City Attorn • GVSUD vs. City of Schertz 111 incentive • , P oiect E -048 Reconvene into under section , ling nendine or items 1 -6. d read th e 1 of the Texas Government cnplated litigation: under Section 551.087 of the Texas Government Development Negotiations; Closed Meeting. The ►dud,an open meeting (1) to discuss or deliberate nation that the governmental body has received ::mental body seeks to have locate, stay, or expand al body and with which the governmental body is iations; or (2) to deliberate the offer of a financial Mayor Carpenter reconvened into regular session at 7:18 p.m. 8a. Take any action based on discussions held in closed session under Agenda Item 8. No action taken. 9a. Take any action based on discussions held in closed session under Agenda Item 9. No action taken. 12 -04 -201.8 Minutes Page - 6 - Requests and Announcements • Announcements by the Acting City Manager. No further announcements were provided. • Requests by Mayor and Councilmembers that items be placed agenda. No requests were made. • Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council. Committee and Liaison:gnments (see assi. • Continuing education events attended and tb:be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Carpenter recognized Mayor following event: • Saturday, Holiiazzel event and Mayor Carpenter, reco following events: • gntnrdav S - He thanked staff. a future City Council stated he attended the Gutierrez who stated he attended the el event- He thanked Parks and Recreation staffers saying he riments regarding the event. I Roll. Marathon, he had an opportunity to run and meet some of also attended the event. ,r 3, Cibolo Tree Lighting Ceremony sized Councilmember Edwards who stated he attended the Holidazzel event. - Great Job by staff and a great turn out. • Monday, Cibolo Tree Lighting Ceremony; the Cibolo Ballet did a really great job. Mayor Carpenter recognized Councilmember Heyward who stated she attended the following events: • Friday, November 30, Central Texas and Allergy & Asthma ribbon cutting. 12 -04 -201.8 Minutes Page - 7 - 0 Saturday, Holidazzel event. — Great turn out. • Monday, December 3, 2018, Cibolo Tree Lighting Ceremony. 7. Information available in City Council Packets - NO DISCUSSION TO OCCUR Parks Project Updates (B. James /L. Shrum) Monthly update on large projects /CIP. (D. Wait /J. Harshrnan/T. Buckingham) As there was no further business, Mayor Carpenter adjourned the rn &eting at 7:21 p.m. R. Carpenter Brenda Dennis, City Secretary 12 -04 -2018 Minutes Page - 8 - Agenda No. 2 Cpl1fM4 a 0LIUs 1a U 10IU [o7 71►`I 111101 City Council Meeting: December 11, 2018 Department: Administration /Finance Subject: Ordinance No. 18 -M -41 — Amending Appendix C of the Code of Ordinances by updating the Fee Schedule (Final reading) BACKGROUND City Departments collect a wide variety of fees for permits, services, fines and other charges that are all part of everyday operations of municipal government. Since September 2008, the fees have been incorporated into a single fee schedule. Ordinance 08 -M -43 established the consolidated fee schedule and allows for the modification of existing fees to be done by resolution while new fees are established or added to the Fee Schedule by ordinance. The Fee Schedule ordinance provides a single document with all City fees that directly affect the users. The changes to the fees ensure the continued operation of public utilities, provides for essential services to the community and to adequately maintain the investment in existing infrastructure. UPDATE: The water fees have been updated from the schedule adopted on September 11, 2018. . Upon review of the new adopted fee schedule for utility billing, formula errors were discovered in the fee schedule excel document that originated in the FY 201.7 -18 schedule. This resulted in the FY 2017 -18 and FY 2018 -19 adopted schedule charging commercial accounts more on their base fee than was recommended on the rate plan within city limits and under charging for customers outside the city limits. Also for FY 2018 -19, the adopted schedule only reflected a change for the 5/8 inch meter (common residential meter) for inside the City instead of showing a change on all meter sizes. The FY 2018 -19 outside the City rate per 1,000 gallons did not change from the year prior due to the errors. The previous memo's and presentations submitted to council showed the correct percentage increase on the rates, but the attached schedule was incorrect. The rates submitted for council action tonight represent what the City should be charging based on the rate plans presented to Council. The Library schedule is lowering the cost of replacing library cards from $5 to $1 and increasing the fee to replace a DVD /Video cover from $1 to $3 to better line up with the cost of these items. Replacing the library card at a lower fee also has the benefit of encouraging citizens to continue to participate with the library by making it easier to replace a lost card. As proposed as part of the recent Civic Center Operations worksession, the Event Facility schedule updates will expand the Sunday fee rates to Friday for the rental options in the Civic Center, including the Cut -Off Hall, the Conference Hall, and the Bluebonnet Hall. Unlike Sundays, Fridays in the Grand Ballroom and Cut -Off Hall will only allow for full day rentals and not half day. Fridays will still have half day rental options in the Conference Hall and the Bluebonnet Hall. New fees include a charge to use the approved uplighting expanded program. Each light can be rented for $15 or as a package of 1.0 lights for $100 as a discount. Banquet Packages have updated their fees to include the uplighting package in the Cut -Off Hall and Grand Ballroom and include the portable bar in the Bluebonnet Hall. Fee increases include the Audiovisual Access fee for the Conference hall is proposed to increase from $25 to $50 to match the fee in the Bluebonnet Hall for a similar service and the Saturday rental rate for the Bluebonnet hall that was presented to council during the Civic Center review presentation on October 23, 2018. The Events Facilities schedule also added clarification that the beverage service will provide for up to 50 people. If additional beverages are needed, the fee could be charged multiple times. Animal Services fee schedule changes will update and simplify the adoption rates to only one rate per dog or cat regardless of weight or if it was spayed or neutered. The rate for a dog will decrease to $60 and he rate for cats will decrease to $35 regardless of weight or if they were fixed. ADOPTION FEES Current UNIVERSAL GARDEN CITY SAN ANTONIO LIVE OAK SCHERTZ CITY RIDGE DOGS CATS DOGS CATS DOGS CATS DOGS CATS DOGS CATS MALE DOG UNDER $131.50 $113.50 $75.00 $75.00 $86.00 $34.00 $60.00 $60.00 $75.00 $50.00' 60LBS MALE DOG $140.00 $75.00 ! $86.00 ! $60.00 $75.00 OVER 60LBS FEMALE DOG $137.00 $75.00 $86.00 $60.00 $75.00' UP TO 30 LBS FEMALE DOG $142.50 ! $75.00 $86.00 $60.00 $75.00 30 -61 LBS These new rates are comparable to neighboring cities. As noted in Assistant Chief Bane's recent presentation on the Animal Adoption Center, the lower rates are designed to increase the speed at which animals get adopted which is the primary goal of the Schertz Animal Adoption Shelter. Staff has also included language to indicate rates could be decreased for special adoption events or during a special promotion to further boost pet adoptions. Finally, staff is proposing to not charge building permit fees to the Schertz Housing Authority. The Schertz Housing Authority is traditional municipal housing authority established per City statute. Additionally, the City provides $5,000 to the Housing Authority each year to support their operations and it seems counterproductive to charge them building permit fees. City Council approved this on first reading at their meeting of December 4th. FISCAL IMPACT UPDATE: The corrected water fee schedule should properly increase the fees by 3% for residential type meters and reduce the base fee for commercial accounts. The amount of overall revenue generated should be in line with the requirements of the 5 year rate plan. The uplighting revenue and expense was already programed into the budget for FY 2018 -19 so this fee update will not cause a fiscal impact on the current budget. The Friday rates being lowered to match the Sunday rates is anticipated to boost rentals on Fridays and provide additional revenue for the City above what would be lost by having a lower fee. The other Event Facilities schedule changes are not anticipated to have a significant fiscal impact on the budget but will provide cost recovery on services they provide and offer new services to customers. The Animal Services fee changes are anticipated to reduce Adoption Fee revenue by $9,000. However, it is believed that animals will be adopted more quickly, thus reducing operating costs. The Library fee changes are not anticipated to have a fiscal impact for FY 201.8 -19. 1• Staff recommends the City Council approval of Ordinance No. 1.8 -M -41 on final reading, amending Appendix C of the Code of Ordinances. ATTACHMENTS Ordinance No. 1.8 -M -41. Fee Schedule KN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING SCHERTZ CODE ORDINANCES ♦ r.: CERTAIN OTHER ORD BY r AND ESTABLISHING FOR CERTAIN LICENSES, PERMITS, AND OTHER SERVICES PROVIDED BY THE CITY OF • WHEREAS, the City of Schertz (the "City ") has established by ordinances and resolutions for fees for licenses, permits, and services provided by the City; and WHEREAS, the City Council has authorized a review and a consolidation of certain fees for licenses, permits, and services provided by the City; and WHEREAS, the Schedule of Fees attached as Exhibit A reflects revisions to certain fees, a restatement of certain fees not revised, and a consolidation of all such fees; and WHEREAS, due to the need for periodic modification of said fees and for the purposes of efficiency, the City Council desires to adopt future fee changes by resolution rather than by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. All persons, firms, or corporations applying for licenses or permits or receiving other City services described on Exhibit A that require the payment of a fee incident to such application or service shall pay the fees as prescribed in the Fee Schedule attached hereto as Exhibit A and made a part of hereof. It shall be a violation of this Ordinance to conduct any activity or commence any use or receive any service for which payment of a fee described herein is required until such fee has been paid (if required to be paid in advance) or to fail to pay such fee when properly billed. SECTION 2. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Schertz, Texas as to the fees set forth on Exhibit A effect on the effective date of this Ordinance, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. The City Council may, from time to time, by ordinance add to the fees set forth on Exhibit A, and the fees now or hereafter set forth on Exhibit A may be modified from time to time by resolution of the City Council. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 5. Subject to the last sentence of this Section, any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of provisions of this Ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. If any other ordinance, including the Code of Ordinances, establishes a different penalty for the failure to pay any fee on Exhibit A, the provisions of such other ordinance or the Code of Ordinances shall control with respect to such penalty. SECTION 6. All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the Code of Ordinances in effect on the effective date of this Ordinance and modified by this Ordinance or any other ordinances in effect on the effective date of this Ordinance and modified by this Ordinance and requiring the payment of fees for licenses, permits, and other services provided by the City which have accrued on the effective date of this Ordinance; and any and all accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7. This Ordinance shall be in full force and effect from and after its final passage and any publication required by law. Passed and approved on the first reading this 4th day of December 2018. . PASSED AND APPROVED ON FINAL READING this 1 lth day of December 2018. Michael R. Carpenter, Mayor, ATTEST: Brenda Dennis, City of Schertz, Texas "Exhibit A" City of Schertz City of Schertz Schedule of Fees Summary of Changes 2017-181 2018 -19 Library Replacement Library Card $ 5.00 $ 1.00 Damaged or Missing DVD/Video Cover $ 1.00 $ 3.00 Dog $ N/A $ 50.00 Cat 925.00 N/A $ 35.00 Cat or Dog that has been spayed or neutered regardless of weight $ 65.00 DELETE Cat, male $ 90.00 DELETE Cat, female $ 113.50 DELETE Dog, male under 60 lbs. $ 131.50 DELETE Dog, male 60 lbs. and over $ 140.00 DELETE Dog, female under 30 lbs. $ 137.00 DFLFTF, Dog, female between 30 and 60 lbs. $ 142.50 DELETE Dog, female 61 lbs. and over $ 159.00 DELETE Adoption pricing may be discounted for adoptlon everts or during special promotions Event Facilities Vendor /Ancillary Fees Beverage Service (for 50 people) $ 50.00 $ 50.00 Uplighfing, per light N/A $ 15.00 Uplighting package, 10 lights N/A $ 100.00 Civic Center - Grand Ballroom- (7,198 sq. ft) Regular Rentals Friday, Full Day (half day not available) $ 1,800.00 $ 800.00 Banquet Package - includes hall rental,easel, tables /chairs, dance floor, AV panel access, ice, Gathering Room, portable bar, cocktail tables, nplighting package, kitchen: Sunday, Full day $ 1,500.00 $ 1,500.00 Sunday, Half day $ 950.00 $ 1,050.00 Monday - Thursday, Full day $ 1,300.00 $ 1 ,400.00 Monday - Thursday, Half day $ 875.00 $ 975.00 Friday, Full Day (half day not available) $ 2,500.00 $ 1,500.00 Saturday, Full day (half day not available) $ 2,500.00 $ 2,500.00 $ 1,400.00 $ 500.00 $ 1,300.00 $ 1,400.00 $ 825.00 $ 925.00 $ 1,125.00 $ 1,225.00 $ 750.00 $ 350.00 $ 2,100.00 $ 1,400.00 $ 2,100.00 $ 2,200.00 City of Schertz Schedule of Fees Summary of Changes 1 2017 -181 2018 -191 Civic Center Conference Hall (Smaller portion of Ballroom - (3,026 sq ft) Regular Rentals Friday /Sunday, Full day $ 400.00 $ 400.00 Friday /Sunday, Half day $ 250.00 $ 250.00 Audiovisual Access $ 25.00 $ 50,00 Civic Center - Bluebonnet Hall- (2,500 sq ft) Regular Rentals Friday /Sunday, Full day $ 400.00 $ 400.00 Friday /Sunday, Half day $ 200.00 $ 200.00 Saturday, Full day (half day not available) $ 600.00 $ 700.00 Inspections No permit fees will be charged to the Scherta Housing Authority (All departments) City of Schertz Schedule of Fees All Departments 2018 -19 Records Requests Standard paper copy, per page $ 0.10 (front and back is 2 pages) Nonstandard -size copy: Oversize paper copy (11" X 17 ") $ 0.50 Specialty paper (Mylar, blueprint, blue line, map, photographic) Actual Certified Copy- Each Certification $ 5.00 Diskette $ 1.00 Magnetic tape - actual cost Actual Data cartridge - actual cost Actual Tape cartridge - actual cost Actual Rewritable CD (CD -RW) $ 1.00 Non - rewritable CD (CD -R) $ 1.00 Digital video disc (DVD) $ 3.00 JAZ drive - actual cost Actual Other electronic media - actual cost Actual Miscellaneous supplies - actual cost Actual Postage and shipping charge actual cost Actual Photographs - actual cost Actual Maps - actual cost Actual Labor charge: For locating, compiling, and $ 16.00 reproducing, per hour (if documents are NOT located in the immediate area and over 50 pages) Overhead charge - % of labor charge 120% Remote document retrieval charge Actual No Sales Tax shall be applied to copies of public information Notary Fees Acknowledgement, Certified Copies, Jurat's, Oaths and Affirmation $ 6.00 Protests- Per Document $ 5.00 Convenience Fees Credit Card Payment Over Phone $ 1.00 Return Check Fee $ 25.00 City of Schertz Schedule of Fees City Secretary 2018 -19 Candidate Filing Fee $ 25.00 Licenses Package Store $ 250.00 Package Store Tasing $ 12.50 Wine & Beer Retailers $ 87.50 Wine & Beer Retailers - Off premises $ 30.00 Late Hours $ 125.00 Beer on Premises $ 75.00 Wine Only- Package Store $ 37.50 Mix Beverage Permit $ 375.00 Mix Beverage Late Hours $ 75.00 Caterer's Permit $ 250.00 Retail Dealer On- Premises - Late Hours $ 125.00 Local Cartage $ 15.00 City of Schertz Schedule of Fees lWireless 1 2018 -191 Network Nodes Application Fee, for up to 5 nodes $ 500.00 additional for each node over 5 on the application $ 250.00 Annual Public Right of Way Fee $ 250.00 Node Support Pole Application Fee $1,000.00 Colocation Fee for Network Nodes on City Service Poles, per pole $ 20.00 Transport Facilities Application Fee, for up to 5 nodes $ 500.00 additional for each node over 5 on the application $ 250.00 Rental Fee for Transport Facilities, per device per month, not to exceed the aggregate "per node" fee $ 28.00 City of Schertz Schedule of Fees Library 2018 -19 Non - Resident user fee- Library Card $ 15.00 Meeting Room Fee- Non - Schertz residents, 4 hours $ 50.00 Meeting Room Fee- After hour fee, per hour $ 25.00 Meeting Room Cleaning Fee (Spot Cleaning) $ 50.00 Meeting Room Cleaning Fee (Whole Room) Actual Additional Fee for After Hours Cleaning, per hour $ 25.00 Inter - Library Loans Materials (ILL Materials) Lost or damaged ILL items - Cost of item as billed by the lending library (may include additional fines or fees assessed by the lending library) Inter - Library Loan items per day (3 day grace period) Max overdue amount per ILL item Return Postage Fee - -for ILL items never picked up by customer after arrival Overdue Fines (3 day grace period) All Items per day (except ILL items) Max amount that can be charged Replacement Library Card Copier, per standard page (2 -sided copies are the same as 2 pages; oversized copies are the same as 2 pages) Printing, per standard page (2 -sided copies are the same as 2 pages; oversized copies are the same as 2 pages) Black and White Color Outgoing Fax, 1st page Per each succeeding page Lost & Damaged Materials - Cost of item plus a processing fee Damaged DVD Case or Video Case Damaged or Missing Barcode Damaged or Missing RFID Tag Damaged or Missing DVD/Video Cover (if replaceable) plus processing fee Toddler Tote Bag Juvenile Audiobook Bag Materials Recovery Fee (per account sent to collections) Note: If an item is lost and paid for, any overdue fines assessed against the item are waived. If part of an item is lost, the item as a whole is considered lost and the full cost of the item is charged to the patron. Again, any overdue fines assessed against the item are waived if the item is paid for. Refunds for items that were paid for and subsequently found and returned to the library are available for up to 60 days after payment and require the original receipt. Processing fees are non - refundable. No refunds will be given after 60 days. Actual $ 1.00 $ 5.00 $ 3.00 $ 0.25 $ 1.00 1.00 $ 0.15 $ 0.15 $ 0.50 $ 1.00 $ 0.25 5.00 1.00 1.00 1.00 3,00 $ 2.50 $ 5.00 $ 10.00 City of Schertz Schedule of Fees Schertz Magazine 1 2018 -19 Display Ads: Eighth Page for 6 mo., per month $ 300.00 Eighth Page for 12 mo., per month $ 275.00 Quarter Page for 6 mo., per month $ 550.00 Quarter Page for 12 mo., per month $ 400.00 Half Page for 6 mo., per month $ 1,000.00 Half Page for 12 mo., per month $ 700.00 Full Page for 6 mo., per month $ 1,500.00 Full Page for 12 mo., per month $ 1,200.00 Premium Placement: Back Cover for 6 mo., per month $ 2,500.00 Back Cover for 12 mo., per month $ 2,200.00 Churches, governmental entities, 501 (c) 3 and civic groups who provide a service to the residents of Schertz will receive a 25% discount on the above facility rental rates. City of Schertz Schedule of Fees Event Facilities 2018 -19 Vendor /Ancillary Fees Kitchen Fee, Ball Room $ 200.00 Kitchen Fee, Bluebonnet Room $ 75.00 Early Open Fee (prior to normal scheduled hours), per staff member per hour $ 25.00 Ice, one bin (80lbs) $ 15.00 Ice, unlimited $ 25.00 Beverage Service (fear 50 people) $ 50.00 Cancellation Fee $ 50.00 Portable Bar (includes 5 cocktail tables) $ 200.00 Uplighting, per light $ 15.00 Uplighting package, 10 lights $ 100,00 Discount/Special Rates Frequent Renters 25% discount (Must rent at least 12 times calendar year) Multiple Day Renters 25% discount (Must rent two or more consecutive days) Day before setup - 50% of regular room rate Non - Profits 25% discount - rent only All comp'd requests will require approval from City Manager Sweetheart Tickets- Pre sale $ 10.00 Sweetheart Tickets - Night Of $ 15.00 H.O.A. Meeting Fee $ 75.00 Funeral Reception Only in Bluebonnet Hall /Community Centers 3 hr maximum $ 75.00 Quality of Life Events ( Community Centers Only) $ 15.00 Facility Security Security Coordination Fee $ 15.00 Regular- per officer, per hour (4 hour minimum) $ 30.00 Holiday- per officer, per hour (4 hour minimum) $ 50.00 Civic Center - Grand Ballroom- (7,198 sq. ft) Regular Rentals Sunday, Full day $ 800.00 Sunday, Half day $ 450.00 Monday - Thursday, Full day $ 600.00 Monday - Thursday, Half day $ 375.00 Friday, Fell Day (half day i °:cat available) $ 800.00 Saturday, Full day (half day not available) $ 1,800.00 Small Stage $ 200.00 Large Stage $ 400.00 Dance Floor $ 200.00 Damage /Cancellation Deposit $ 500.00 Audio/Visual Services (contracted) $ 175.00 Additional time, per hour $ 50.00 Audio/Visual Panel Access $ 75.00 Banquet Package - includes hall rental,easel, tables /chairs, dance floor, AV panel access, ice, Gathering Room, portable bar, cocktail tables, uplighting package, kitchen: Sunday, Full day $ 1,600.00 Sunday, Half day $ 1,050.00 Monday - Thursday, Full day $ 1,400,00 Monday - Thursday, Half day $ 975.00 Friday, Full Day (half clay i °scat available) $ 1,600,00 Saturday, Full day (half day not available) $ 7,600.070 Civic Center Cut -Off Hall (Larger portion of Ballroom - (4,172 sq ft) Regular Rentals Sunday, Full day $ 600.00 Sunday, Half day $ 325.00 Monday - Thursday, Full day $ 425.00 Monday - Thursday, Half day $ 250.00 Friday, Full day (half day not available) $ 600.070 Saturday, Full day (half day not available) $ 1,400.00 City of Schertz Schedule of Fees Event Facilities 2018 -19 Small Stage $ 200.00 Large Stage $ 400.00 Dance Floor $ 200.00 Audiovisual Services for 4 hours (Both rooms) $ 175.00 Additional time, per hour $ 50.00 AudioNisual Panel Access $ 75.00 Damage /Cancellation Deposit $ 500.00 Banquet Package - includes hall rental,easel, tables /chairs, dance floor, AV panel access, ice, 200.00 Gathering Room, portable bar, cocktail tables, up@ighting package, kitchen: $ Sunday, Full day $ 1,400,00 Sunday, Half day $ 925,00 Monday - Thursday, Full day $ 1,225,00 Monday - Thursday, Half day $ 350.00 Friday, Full clay (half clay not available) $ 1,400,00 Saturday, Full day (half day not available) $ 2,200,00 Civic Center Conference Hall (Smaller portion of Ballroom - (3,026 sq ft) Regular Rentals Friday /Sunday, Full day $ 400.00 Friday /Sunday, Half day $ 250.00 Monday - Thursday, Full day $ 250.00 Monday - Thursday, Half day $ 175.00 Audiovisual Access $ 50,00 Damage /Cancellation Deposit $ 200.00 Civic Center - Bluebonnet Hall- (2,500 sq ft) Regular Rentals Friday /Sunday, Full day $ 400.00 Friday /Sunday, Half day $ 200.00 Monday - Thursday, Full day $ 250.00 Monday - Thursday, Half day $ 125.00 Saturday, Full day (half day not available) $ 700,00 Kitchen $ 75.00 Audiovisual Access $ 50.00 Damage /Cancellation Deposit $ 200.00 Banquet Package - includes hall rental, tables /chairs, AV panel access, ice, portable tear (weekends only), kitchen: Friday /Sunday, Full day $ 725.00 Friday /Sunday, Half day $ 525.00 Monday - Thursday, Full day $ 375.00 Monday - Thursday, Half day $ 250.00 Saturday, Full day (half day not available) $ 1,025,00 Community Center North- 3501 Morning Dr- (2,006 sq ft) Sunday, Full day $ 200.00 Sunday, Half day $ 125.00 Monday - Thursday, Full day $ 150.00 Monday - Thursday, Half day $ 100.00 Friday - Saturday, Full day (half day not available) $ 300.00 Damage /Cancellation Deposit $ 200.00 Community Center Central Sunday, Full day $ 250.00 Sunday, Half day $ 150.00 Monday - Thursday, Full day $ 150.00 Monday - Thursday, Half day $ 100.00 Friday - Saturday, Full day (half day not available) $ 400.00 Projector /Screen /Microphone $ 50.00 Damage /Cancellation Deposit $ 200.00 Churches, governmental entities, 501 (c) 3 and civic groups who provide a service to the residents of Schertz will receive a 25% discount on the above facility rental rates. IM City of Schertz Schedule of Fees Event Fee 2018 -19 Jubilee $ 200.00 Food Vendor $ 500.00 Beverage Vendor $ 300.00 Cooler Booth Rental $ 1,500.00 Carnival $ 6,000.00 Craft Vendor $ 50.00 Business Vendor $ 200.00 Parade Entry $ 35.00 SchertzQ Food Truck Vendor $ 200.00 Beverage Vendor $ 100.00 Cooler Booth Rental $ 1,000.00 Jackpot Beans $ 25.00 BBQ Entry $ 200.00 Cooks Choice $ 25.00 Retail /Craft $ 100.00 Business Vendor $ 200.00 Ice $ 3.00 Kids Q $ 25.00 Festival of Angels Food Vendor $ 50.00 Craft Vendor $ 50.00 Parade Entry $ 15.00 11 City of Schertz Schedule of Fees Parks and Recreation 1 2018 -19 Pavilion Rental Rates - Small Pavilion Schertz Residents Rental Fee (6am -2pm) or (3pm -11 pm) $ 55.00 Rental Fee all day $ 85.00 Monday - Thrusday 50% discount on rates Non - Schertz Residents Rental Fee (6am -2pm) or (3pm -11 pm) $ 90.00 Rental Fee all day $ 135.00 Monday - Thrusday 50% discount on rates Pavilion Rental Rates - Large Pavilion Schertz Residents WITHOUT KITCHEN Rental Fee $ 100.00 Monday - Thrusday 50% discount on rates WITH KITCHEN /RESTROOMS Rental Fee $ 200.00 Monday - Thrusday 50% discount on rates Damage Deposit $ 200.00 Non - Schertz Residents WITHOUT KITCHEN Rental Fee $ 150.00 Monday - Thrusday 50% discount on rates WITH KITCHEN /RESTROOMS Rental Fee $ 300.00 Monday - Thrusday 50% discount on rates Damage Deposit $ 200.00 livi City of Schertz Schedule of Fees Parks and Recreation 1 2018 -19 Pools Daily Rates Per swimmer per entry $ 2.00 Daily pass $ 3.00 Admission is free for children under the age of 2 years. Season Rates - Maximum per season pass is six (6) members Schertz Residents Individual rate $ 40.00 2 member rate $ 50.00 3 member rate $ 60.00 4 member rate $ 70.00 5 member rate $ 80.00 6 member rate $ 90.00 Non - Schertz Residents Individual rate $ 70.00 2 member rate $ 80.00 3 member rate $ 90.00 4 member rate $ 100.00 5 member rate $ 110.00 6 member rate $ 120.00 Regular Preschool/Child Care Center Teacher /Child Care Attendant and 5 students per pass. In City $ 80.00 Out of City $ 120.00 13 City of Schertz Schedule of Fees Parks and Recreation 1 2018 -19 * *THESE RATES NOW SET BY CONTRACTOR ** Swimming lessons rate Schertz Residents - per child ** Non- Residents - per child ** Pool Reservations Schertz Residents 1 to 50 People ** 51 to 100 People ** 101 to 150 People ** 151 to 200 People ** 201 to 250 People ** 251 to 293 People ** Non - Residents 1 to 50 People ** 51 to 100 People ** 101 to 150 People ** 151 to 200 People ** 201 to 250 People ** 251 to 293 People ** Northcliffe Pool Schertz Residents 1 to 50 People (2 hours maximum) ** 50 to 100 People (2 hours maximum) ** Non - Residents 1 to 50 People (2 hours maximum) ** 50 to 100 People (2 hours maximum) ** * *THESE RATES NOW SET BY CONTRACTOR ** 14 City of Schertz Schedule of Fees Animal Services $ 75.00 2018 -19 Pet License Kennel authorized to house 50 or more $ 200.00 Standard fee, $ 5.00 license per year per spayed or neutered animal Commercial Riding Stable 10 or less $ 75.00 Standard fee, $ 10.00 license per year per un- spayed or un- neutered animal Annual Crescent Bend Riding Permit, per horse $ 100.00 Replacement tags (if lost) $ 2.00 Animal Adoption Dog 60,00 Cat 35.00 Adoption pricing may be discounted for adoption events or during ;special promotions Permits - A permit shall be issue after payment of application fee: Kennel authorized to house 10 or less dogs or cats $ 75.00 Kennel authorized to house more than 10 but less than 50 $ 150.00 Kennel authorized to house 50 or more $ 200.00 Pet Shop $ 100.00 Grooming Shop $ 30.00 Commercial Riding Stable 10 or less $ 75.00 Commercial Riding Stable 11 -50 $ 150.00 Commercial Riding Stable 51 or more $ 200.00 Annual Crescent Bend Riding Permit, per horse $ 100.00 Auction $ 100.00 Zoological Park $ 200.00 Animal Exhibition /Circus /Petting Zoo $ 100.00 Guard Dog Training Center $ 200.00 Obedience Training Center $ 50.00 Commercial Establishment Using a Guard Dog $ 75.00 Commercial Annual Sellers Permit $ 150.00 Dangerous Dog Permit $ 200.00 Temporary Permit' - not to exceed 7 days $ 15.00 *Good for Crescent Bend Riding (per horse), Animal Exhibition /Circus /Petting Zoo, and Auction Permits Temporary Animal Sales Permit (Pet Expos), not to exceed 3 days $ 30.00 Impoundment Fee: An impoundment fee must be paid for each captured animal Dog /Cat Impoundment Within a 1 year period 1 st Offense Neutered $ 30.00 Un- neutered $ 45.00 2nd Offense Neutered $ 50.00 Un- neutered $ 70.00 3rd Offense Neutered $ 100.00 Un- neutered $ 120.00 4th Offense Neutered $ 150.00 Un- neutered $ 170.00 Each Additional Offense Base- Neutered $ 150.00 Base- Un- neutered $ 170.00 Per Additional Offense $ 50.00 Fowl or other small animal $ 30.00 Livestock $ 75.00 Zoological /Circus animal $ 200.00 Its City of Schertz Schedule of Fees jAnimal Services $ 2018 -19� Boarding Fee: A boarding fee must be paid for each animal $ 35.00 Dog /Cat, per day $ 15.00 Fowl or other small animal, per day $ 10.00 Reptile, per day $ 30.00 Livestock, per day $ 50.00 Zoological /Circus animal, per day $ 200.00 Surrender Fee: Charge per animal with proof of Schertz residency Fowl /Reptile /Small Animal $ 10.00 Dog /Cat neutered /spayed /current rabies cert. /heartworm negative $ 35.00 Dog /Cat all other surrenders $ 65.00 Small Livestock $ 50.00 Large Livestock $ 100.00 Zoological or Circus $ 200.00 Litter Fee (3 or more animals under 2 months old) $ 75.00 Quarantine Fee: Dog /Cat $ 50.00 Plus Daily Charge per animal for boarding $ 15.00 Micro Chipping $ 15.00 Trap Rental Fee: Trap Deposit, refundable when trap is returned $ 75.00 Trap Rental Fee, per day $ 5.00 W. City of Schertz Schedule of Fees Marshal Service 2018 -19 Health Division Food Establishment Fees: Non - Profit Organizations (regardless of number of employees) $ 100.00 1 -3 Employees $ 150.00 4 -6 Employees $ 285.00 7 -10 Employees $ 540.00 11 -20 Employees $ 575.00 21+ Employees $ 725.00 Temporary Food and/or Beverage Establishment $ 50.00 Mobile Vendors $ 150.00 Public and HOA Swimming Pool License $ 110.00 Foster Care $ 50.00 Re- inspection fees $ 75.00 * City Code Violation Court Fee $ 10.00 Nuisance Abatement Administrative Fee $ 100.00 *Any citation issued by individuals defined in Section 22 -40 (Authority to issue notice of violations), shall be able to collect a dismisal fee from an individual who abates such violation upon their court appearance. Judge Stephen Takas suggested that we charge a dismisal fee to remedy some of the expenses incurred from the issuance of such citation. Sanitation Inspection Fees - Outside of City Hourly Charge, one hour minimum Mileage over 15 miles, per mile Administrative Fee $ 50.00 $ 5.00 115% 1h City of Schertz Schedule of Fees Police Department 1 2018 -19 Alarm Permit Fees $ 150.00 Residential - Annually $ 10.00 Tier 1 Commercial $ 25.00 Tier 2 Commercial site alarm system required $ 50.00 under local, state or national code $ 500.00 Alarm Service Fees: Other than Burglar Alarms 4TH False Alarm within 12 Mo. Period $ 100.00 5TH False Alarm within 12 Mo. Period $ 150.00 6TH False Alarm within 12 Mo. Period $ 200.00 7TH False Alarm within 12 Mo. Period $ 250.00 8TH False Alarm within 12 Mo. Period $ 500.00 Others After 8TH within 12 Mo. Period $ 500.00 Burglar Alarm Service Fees: 4TH False Alarm within 12 Mo. Period $ 50.00 5TH False Alarm within 12 Mo. Period $ 50.00 6TH False Alarm within 12 Mo. Period $ 75.00 7TH False Alarm within 12 Mo. Period $ 75.00 8TH False Alarm within 12 Mo. Period $ 100.00 Others After 8TH within 12 Mo. Period $ 100.00 Miscellaneous Fees Accident Reports, each $ 6.00 Fingerprints, per set $ 10.00 Solicitor /Peddler Permit $ 50.00 Background Check Fee $ 10.00 BODY CAM VIDEO ($1.00 per minute +$10.00) $ 10.00 W. City of Schertz Schedule of Fees Fire Department and Haz -Mat Fees 2018 -19 Permit Fee Schedule $ Certificate of Occupancy - Inspections $ 50.00 License Inspections $ 50.00 Base Fire Suppression System Installation $ 100.00 Additional installation charge, per sprinkler head $ 1.00 Base Fire Alarms Installation $ 100.00 Additional installation charge, per initiating or notification device $ 1.00 Re- Inspection $ 45.00 Smoke Control System Plan (for each review) $ 75.00 Flammable or combustible liquid tanks, each review $ 150.00 Flammable or combustible gas tanks, each review $ 150.00 After hours fee, per hour per inspector $ 60.00 (beyond the hours of 8:00 a.m. to 5:00 p.m.) $ Plan Review Fees, construction per hour $ 50.00 Plan Review Rush, Outsource - Sent out by Fire Marshal Cost SFR After Hours Plan Review Rush (per hour, 2 hour minimum) $ 65.00 Fireworks display permit $ 250.00 Operational Permits Open or Control Burn - Commercial $ 150.00 Open or Control Burn - Non - commercial $ 25.00 Tents $ 50.00 Cutting and Welding $ 50.00 Explosives $ 50.00 Flammable Storage $ 50.00 Carnivals and Fairs $ 50.00 Food Booth (per booth, per event) $ 25.00 Mobile Food Establistments (annual) $ 25.00 Battery Systems $ 50.00 Combustible Dust Product Options $ 50.00 Cryogenic Fluids $ 50.00 Haz -mat $ 50.00 Lumberyards $ 50.00 Spraying and Dipping $ 50.00 Storage of Tires $ 50.00 Operation Charges Hazardous materials operations service fees. The current replacement cost shall be charged for the use of consumable haz -mat supplies and firefighting agents ACTUAL If any protective equipment or firefighting equipment is damaged or contaminated, the current replacement cost shall be charged. ACTUAL Personnel cost will be calculated at the rate for the responding crew members. ACTUAL Fire Watch Fee, cost based on weighted salary of disptached employee ACTUAL 19 City of Schertz Schedule of Fees EMS 2018 -19 Response Services Ambulance Standby, per hour Aid Call $ 200.00 Air Medical Assist Call $ 700.00 BLS Non- Emergency $1,090.00 BLS Emergency $1,210.00 ALS Non Emergency $1,230.00 ALS Emergency No Specialty Care $1,440.00 ALS Emergency W \ Specialty Care $1,600.00 Mileage, per mile $ 20.00 Other Services Ambulance Standby, per hour $ 125.00 Gator Standby, per hour $ 95.00 AED Supplies Actual CPR Class and Supplies Actual System Continuing Education Actual Vaccinations Actual EMT Class $1,100.00 Passport to Care - Single (insured) $ 50.00 Passport to Care - Family (insured) $ 60.00 Passport to Care - Single (Not insured) $ 65.00 Passport to Care - Family (Not insured) $ 75.00 City of Schertz Schedule of Fees Planning and Zoning ( 2018 -19� Plat recording service: $ 1,000.00 Fees assessed are due prior to recording: $ 2,000.00 Plat recording fee is equal to the fee charged by the County Clerks Office $ 3,500.00 Annexation Petition by Property Owner - Plus all related fees $ 750.00 Zone Change $ 6,000.00 Zone change for 0 to 2 acres $ 650.00 Zone change for 2+ to 5 acres $ 1,000.00 Zone change for 5+ to 20 acres $ 2,000.00 Zone change for 20+ to 50 acres $ 3,500.00 Zone change for 50+ to 100 acres $ 4,000.00 Zone change for 100+ acres $ 6,000.00 Specific Use Permit (SUP) - plus other applicable items (i.e. Site Plan) Specific Use Permit (SUP) for 0 to 2 acres $ 650.00 Specific Use Permit (SUP) for 2+ to 5 acres $ 1,000.00 Specific Use Permit (SUP) for 5+ to 20 acres $ 2,000.00 Specific Use Permit (SUP) for 20+ to 50 acres $ 3,500.00 Specific Use Permit (SUP) for 50+ to 100 acres $ 4,000.00 Specific Use Permit (SUP) for 100+ acres $ 6,000.00 Building addition of a current/legal SUP $ 500.00 Master Development Plan All phased developments and PDD's $ 1,500.00 Master Development Plan Amendment (minor revision) $ 500.00 Preliminary Plat 0 to 50 acres $ 2,000.00 greater than 50 acres $ 3,000.00 Final Record Plat or Re -plat 0 to 50 acres $ 1,500.00 greater than 50 acres $ 2,000.00 Revised Final Plat (minor) $ 500.00 Amended Plat $ 1,500.00 Minor Plat $ 1,500.00 Vacate Plat $ 1,500.00 Plat Time Extension - plus all related fees $ 250.00 Street and Subdivision Name Changes $ 1,500.00 21 City of Schertz Schedule of Fees Planning and Zoning ( 2018 -19� Site Plan $ 1,500.00 Amended Site Plan (minor) $ 500.00 Park Fees - Residential Land Dedication: one (1) acre per 100 dwelling unit Fee in Lieu of Land Dedication: per dwelling unit $ 350.00 Park Development Fee: Per Dwelling unit $ 650.00 Park Fees - Multi - Family Land Dedication: one (1) acre per 100 dwelling unit Fee in Lieu of Land Dedication; per dwelling unit: $ 350.00 Park Development Fee: Per Dwelling unit $ 650.00 Miscellaneous Tree Mitigation, inch of DBH - Plus all related fees $ 100.00 Legal Review (i.e. Improvement Agreements) Actual Zoning Verification Letter - Single tract of land per Tract $ 150.00 Certificate of Determination - Single Tract of Land per Tract $ 150.00 Postponement of any Public Hearing by the Applicant $ 350.00 Appeals and requests for amendments Considered by City Council, the Planning & Zoning Commission, the Building and Standards Commission, or the Board of Adjustment as allowed by the Unified Development Code: $ 750.00 Variance and /or Waivers Unified Development Code, ea. $ 500.00 Building Code, ea. $ 500.00 Driveway width waiver requests will not be assessed with the waiver fee Copies, Plans, and Maps: Unified Development Code $ 50.00 Public Works Specification Manual $ 50.00 Staff Review - Application completeness review, internal SDR (staff) review & meeting with applicant to review application package. Fee included in all applications. W., City of Schertz Schedule of Fees Inspections I 2018 -19 Building Permit Fees New Construction Per Square Foot - Residential $ 75.00 New Construction - Commercial Cost Review of Projects and Construction Plans with a cost of $5,000 or greater, as % of Permit Fee 50% All plan review fees that follow are subject to a 15% administrative fee Drainage Plan Review, per hour (2 hour minimum) $ 100.00 Preliminary Plan Review, per hour (2 hour minimum) $ 100.00 Irrigation Plan Review, per hour (2 hour minimum) $ 100.00 Additional Plan Review (ie Revised), per hour (1 hour minimum) $ 100.00 Commercial /Civil Express Plan Review, per hour (2 hour minimum)* TBD Commercial /Civil Outsource Plan Review* Actual *Deposit Required Construction beginning without permit, pay additional: $ 200.00 Failure to Request Inspection, per trade $ 100.00 Failure to Obtain Contractors License /Provide Insurance $ 100.00 Permit Fees: Cost of Construction (Cost) $0.00 to $1,000.00 $ 50.00 $1,001.00 to $15,000.00, for each additional $1,000 and fraction thereof $ 8.00 $15,001.00 to $50,000.00, for each additional $1,000 and fraction thereof $ 7.00 $50,001 and up, for each additional $1,000 and fraction thereof $ 6.00 Following Use The Cost of Construction (Cost) Table: Flatwork /Deck Cost Accessory Buildings Cost Patio /Patio Cover Cost Roof Replacement Cost With a Roof Replacement No Charge for Solar Panel Reinstallation Permit Window Replacement Cost Swimming Pools in Ground Cost Sign Cost Foundation Repair Cost Fence (New and Replacement) $ 50.00 Siding /Fascia $ 75.00 Gutters $ 50.00 Temporary Building or Structure $ 50.00 Moving Permit Fee $ 100.00 Demolition Permit Fee $ 60.00 Mobile Home Permit Fee (plus sub - trades as necessary) $ 25.00 Certificate of Occupancy $ 50.00 Pre Certificate of Occupancy Inspection $ 200.00 Failure to Obtain Certificate of Occupancy $ 200.00 Compliance Inspection, each trade $ 50.00 Temporary Sign $ 30.00 Development Sign $ 100.00 Banner $ 25.00 Street Span Banner $ 25.00 Home Occupation Permit (annually) $ 35.00 Electrical Permit Fees Electrical Repair /Replacement $ 60.00 New Construction per building /unit $ 100.00 23 City of Schertz Schedule of Fees Mechanical Permit Fees K4ochonico|Ropair/Rop|aoemeni New Construction porbui|ding/unit Plumbing Permit Fees FqumbngRopor/Rep|aoemont New Construction per building/unit Lead Solder Test Irrigation Permit Fmam Permit Fee plus per sprinkler head plus per baukfmworRPZ subsequent to the installation of the piping nr equipment served, each Re-inspection Fees Each ro-nopocUon. per trade Re-inspections after first, per trade NOTE: if re-inspection has been called for and the second inspection revealed the original turn down items have not been corrected in part or whole, in addition to the above fees, a seventy-two (72) hour notice of inspection shall be required before another re-inspection will beconducted No permit fees will be charged for sites located on Main St. (All departments) No permit fees will be charged to the Schertz Housing Authority (All departments) $ 60.00 $ 60.00 $ 100.00 $ 15.00 $ 60.00 $ 1.00 $ 3.00 $ 75.00 24 City of Schertz Schedule of Fees Inspections I 2018 -19 Licenses /Registrations: General Contractor (Initial) $ 150.00 General Contractor (Renewal) $ 100.00 Master Electrician (Initial) State of Texas Issued N/C Journeyman Electrician (Annually) State of Texas Issued N/C Apprentice /Wireman Electrician (Annually) State of Texas Issued N/C Mechanical Contractor (Annually) State of Texas Issued N/C Plumbing Contractor (Annually)* State of Texas Issued N/C Irrigation (Annually) State of Texas Issued N/C Backflow Tester - State of Texas Issued N/C Sign Contractor (Initial) $ 50.00 Sign Contractor (Renewal) $ 40.00 Electrical Sign Contractor (Initial) State of Texas Issued N/C Electric Sign Journeyman Electrician (Annually) State of Texas Issued N/C Electric Sign Apprentice /Wireman Electrician (Annually) State of Texas Issued N/C Utility Contractor (Annually) $ 50.00 Mobile Nome Park (Annually) $ 40.00 *N /C - No Charge for license per state law Miscellaneous Fees Street Name Change on Permit $ 30.00 Address Corrections $ 30.00 Notary Public $ 6.00 For any item not specifically included in the preceding schedule, the Development Services Department shall establish a fee consistent with the level of work and necessary inspections established by the schedule and the applicant shall be advised accordingly. 25 City of Schertz Schedule of Fees Engineering 1 2018 -19 Grading and Clearing Permit - Acreage For non - agricultural purposes Below 5 acres $ 100.00 5 to 20 acres $ 250.00 Per acre over 20, plus base charge for 20 acres $ 3.00 Over 100 acres $ 490.00 Development Permit % of total valuation of public infrastructure improvements 1 % Reinspection Fee $ 51.00 Grading and Clearing Permit Fees are waived for applicants representing Home Owner's Associations proposing maintenance activities in drainage easements. W City of Schertz Schedule of Fees Drainage Fees 2018 -19 Charge Per Residence $ 5.20 Commercial, per SUE $ 5.20 Floodplain Permit $ 20.00 M City of Schertz Schedule of Fees Public Works - Streets ( 2018 -191 Chipping charges, per half hour $ 40.00 Professional services, per month Garbage Collection Fees $ 2018 -19 Light retail, wholesale, commercial Residential: Zone I: Once a week pick up One 96 gallon cart provided by franchisee, per month $ 12.41 Residents requesets 2 carts total: $ 18.59 Resident requests 3 carts total: $ 24.80 Resident requests 4 carts total: $ 30.99 Recycling Fee, per month /container $ 2.05 Zone 2: Single Family, twice per week pick up, per month, no cart provided $ 12.41 Recycling Fee, per month /container $ 2.05 Front Porch Pick Up $ 18.11 Recycling Fee, per month /container $ 2.05 Special Pickup: Move Ins, Special Tree Trimmings, oversize $ 17.29 materials, & similar circumstances; minimum Class 11: Mobile Home Parks $ 9.90 Mobile Home Parks (2 or more mobile homes) (based on number in park on the 15th day of the month), per unit /monthly Class 111: Apartments $ 9.90 per unit/monthly Class IV: Motels $ 4.37 per unit/monthly 2. Commercial Class V: $ 15.70 Offices, barber shops and Professional services, per month Class VI: $ 27.08 Light retail, wholesale, commercial or industrial, 2000 to 4000 square feet and excluding large grocery stores, etc., per month Class VII: $ 39.34 Medium retail, wholesale commercial or industrial (2000 to 4000 square feet and exclude large grocery store, etc.), per month 2 Cart, 1 pickup per week $ 40.61 W. City of Schertz Schedule of Fees Garbage Collection Fees 1 2018 -19 Class Vill: Heavy Volume retail wholesale, commercial, or industrial (placement determined by a time and cost study of refuse generation and collection. The categories in this class usually require hand loading from rooms or pens and would not apply when commercial containers are used.) A. Two weekly pickups of 1.5 cubic yard containers, excluding large grocery, furniture or department stores, per month $ 69.89 B. Two weekly pickups of 3 cu. Yard containers, excluding large grocery, furniture or department stores, etc., per month $ 139.77 C. Three weekly pickups of 3 cu. Yard containers, excluding large grocery, furniture or department stores, etc., per month $ 218.41 D. Four weekly pickups of 4 cu. Yard containers, including large grocery, furniture or department stores, etc., per month $ 262.05 E. Five weekly pickups of 4 cu. Yard containers, including large grocery, furniture or department stores, etc., per month $ 349.42 F. Six weekly pickups of 4 cu. Yard containers, including large grocery, furniture or department stores, etc., per month $ 436.84 G. Customer requiring more than four (4) cu. Yds each pickup would be charged per cu. Yds. Collected., per yard $ 4.84 W, City of Schertz Schedule of Fees lGarbage Collection Fees ( 2018 -191 3. Commercial Containers. CONTRACTOR will provide commercial containers to those customers who desire to use them in lieu of garbage cans. The use of such CONTRACTOR provided containers is required by this contract. Rates for containers and pickup will be based on the following table: Container Size: Frequency of Pickup 2017 - 18/2018 -19 1 2 3 4 5 6 2 cu. Yard $ 59.45 $ 101.23 $ 122.28 $ 139.79 $157.26 $ 174.72 3 cu. Yard $ 71.65 $ 129.26 $ 178.23 $ 204.38 $ 230.63 $ 256.82 4 cu. Yard $ 89.06 $ 153.79 $ 209.65 $ 253.32 $ 297.04 $ 340.71 6 cu. Yard $ 125.84 $ 209.65 $ 288.30 $ 366.95 $ 445.49 $ 524.14 8 cu. Yard $ 148.53 $ 270.81 $ 375.60 $ 480.46 $ 586.04 $ 690.14 10 cu. Yard $ 171.19 $ 314.45 $ 445.49 $ 559.12 $672.64 $ 786.19 Commercial Recycle Hauling Permit $2,500.00 GMI City of Schertz Schedule of Fees lGarbage Collection Fees ( 2018 -191 4. Roll -Off Rates Per Pull Open Top Containers - Dry Material 20 cu. Yard $ 323.20 30 cu. Yard $ 384.34 40 cu. Yard $ 445.49 Roll -off Rental (no pulls within billing cycle) $ 133.65 per container per month Collection and Disposal of Municipal Wastes 5. Wet Material Rates on Compactor containers or open top containers with wet material must be negotiated with customers at the time they are needed. This type of waste must be hauled to a Type I landfill which generally has a higher disposal rate attached to it. Roll -off Container Delivery Charge per container $ 38.95 Roll -off Relocation or Trip Charge per container $ 38.95 2 cu. Yard compactor, per month (2 services per week) $ 230.27 Extra pick ups (2 yard compactor), each $ 87.31 4 cu. Yard compactor, per month (2 services per week) $ 474.39 30 cu yard Compactor, per pull $ 585.30 40 cu yard Compactor, per pull $ 695.37 30 cu yard Open -top (Recycle), per pull $ 218.27 Front -Load container extra pick -up charges 2 cu yard $ 29.70 3 cu yard $ 37.12 4 cu yard $ 44.56 6 cu yard $ 51.98 8 cu yard $ 59.41 10 cu yard $ 66.82 OVER WEIGHT CHARGE $ 29.79 To address non standard requests, the solid waste contractor can negotiate a fee with the customer requesting the service. The City will collect 15% of the negotiated fee per the franchise agreement. 31 City of Schertz Schedule of Fees Business Office 2018 -19� Water Deposit In City $ 125.00 Out of City $ 150.00 Commercial $ 100.00 or 2.5 times estimated monthly billing 2.5x Disconnect Fee $ 20.00 Extension Fee $ 5.00 2 free extensions Transfer Fee $ 10.00 Garbage Deposit Residential $ 25.00 Commercial $ 100.00 or 2 1/2 times estimated monthly billing 2.5x Meter Flow Test After Hours Disconnect/Reconnect $ 50.00 City Field Test $ 10.00 City Meter Bench Flow Test $ 25.00 Schertz Seguin Water Customers $ 4.00 Non - Schertz Seguin Customer $ 15.00 Extended Absence Charge $ 10.00 Re- Installation Fee, per hour $ 50.00 Fire Hydrant Fee Deposit $ 200.00 Service Fee $ 50.00 City of Schertz Schedule of Fees Public Works 2018 -19 Permit Fees - If tie into manhole or $ 25.00 street cut Fire Line Type Nos. 1 and 2 - (non- metered), in City 4 -inch service line connection or smaller $ 175.00 6 inch $ 235.00 8 inch $ 290.00 10 inch $ 340.00 12 inch $ 405.00 Fire Line - Outside City 4 -inch service line connection or smaller $ 225.00 6 inch $ 305.00 8 inch $ 375.00 10 inch $ 440.00 12 inch $ 525.00 Meter Installation Fees - Inside the City Meter Size 5/8" X 3/4" $ 330.00 3/4" X 3/4" $ 345.00 1" X 1" $ 450.00 1.5" X 1/5" $ 880.00 2" X 2" $ 1,940.00 *2" turbine Cost + Labor *3" Comp Cost + Labor *3" turbine Cost + Labor *4" Comp Cost + Labor *4" turbine Cost + Labor 33 City of Schertz Schedule of Fees Public Works 1 2018 -19 Meter Installation Fees - Outside the City Meter Size 5/8" X 3/4" $ 340.00 3/4" X 3/4" $ 355.00 1" X 1" $ 460.00 1.5" X 1/5" $ 890.00 2" X 2" $ 1,950.00 *2" turbine Cost + Labor *3" Comp Cost + Labor *3" turbine Cost + Labor *4" Comp Cost + Labor *4" turbine Cost + Labor Fire Hydrant Meter for Construction Deposit (refundable) $ 200.00 Service Charge $ 50.00 Wholesale Water Distribution Rate Base Rate, per month 3 Inch Compound Meter $ 315.28 3 Inch Turbine Meter $ 472.92 4 Inch Compound Meter $ 492.63 4 Inch Turbine Meter $ 827.62 6 Inch Compound Meter $ 985.26 6 Inch Turbine Meter $ 1,812.88 8 Inch Compound Meter $ 1,576.80 8 Inch Turbine Meter $ 3,153.60 10 Inch Compound Meter $ 2,266.65 10 Inch Turbine Meter $ 4,927.50 12 Inch Turbine Meter $ 6,50430 Available by agreement to distributors with a self- maintained water distribution service, Military Bases, and for temporary use until reuse water is made available in a particular area. Network Nodes Application $ 500.00 Additional for each node over 5 on the application (up to 30) $ 250.00 Annual Public Right of Way $ 250.00 Node Support Pole Application Fee $ 1,000.00 Collaction Fee for Network Nodes on City Service Poles, per pole $20.00 per month Transport Facilities Application $ 500.00 Additional for each node over 5 on the application (up to 30) $ 250.00 Rental Fee for Transport Facilities, per device per month $ 28.00 Annual Public Right of Way Fee $ 250.00 Permit Fees will be due at the time of the permit submission. Permit will not be accepted if the permit fee is not attached. Other fees will be assessed at the time of permit approval 34 City of Schertz Schedule of Fees Sewer Rates 2018 -19 Residential Rates (Single Family) Base Rate -per month $ 12.54 Per 1,000 gal Charge, Per Month City line Maintenance fee plus Franchise fee $ 0.49 User Charge based on 100% of avg consumption mo. $ 3.83 User avg. based on Nov, Dec, and Jan, min. 500 gals. Per 1,000 gal charge Total- 12,000 gallons or less $ 4.32 greater than 12,000 gallons $ 9.37 Business and Multi - family Dwelling Units: Base Rate per month $ 15.77 The base rate shall be assessed in terms of connection equivalents which shall be as follows: the customer's previous 12 month water consumption as determined at the annual re- rating in February divided by 365, with the results of such division then divided by 245 gallons. The figure arrived at by the second division shall be the customer's "connection equivalent ". Each business shall be assessed a base rate. Per 1,000 gal Charge, Per Month Line Maintenance - Commercial /Industrial users plus Franchise fee $ 0.59 User Charge -based on 100% of water consumed $ 3.83 Per 1,000 gal charge Total- 12,000 gallons or less $ 4.42 greater than 12,000 gallons $ 9.46 Public Schools Base Rate per month Base Rate -each public school shall be assessed a $ 15.77 base rate per connection equivalent determined as in Business and Multi- family dwelling units above. (per month) Per 1,000 gal Charge, Per Month Line Maintenance - Commercial /Industrial users $ 0.59 User Charge -based on 100% of all water consumed $ 3.83 Per 1,000 gal charge Total- 12,000 gallons or less $ 4.42 greater than 12,000 gallons $ 9.46 For Information Purposes Only: Cibolo Creek Municipal Authority (CCMA), Per 1,000 gallons $ 3.83 includes 5% franchise fee W City of Schertz Schedule of Fees Capital Recovery Impact Fees 2018 -19 LUEs Meter Size Meter Type Water 5/8" SIMPLE 1.0 $ 2,934 3/4" SIMPLE 1.5 $ 4,401 1" SIMPLE 2.5 $ 7,335 1.5" SIMPLE 5.0 $ 14,670 2" SIMPLE 8.0 $ 23,472 2" COMPOUND 8.0 $ 23,472 2" TURBINE 10.0 $ 29,340 3" COMPOUND 16.0 $ 46,944 3" TURBINE 24.0 $ 70,416 4" COMPOUND 25.0 $ 73,350 4" TURBINE 42.0 $ 123,228 6" COMPOUND 50.0 $ 146,700 6" TURBINE 92.0 $ 269,928 8" COMPOUND 80.0 $ 234,720 9" TURBINE 160.0 $ 469,440 10" COMPOUND 115.0 $ 337,410 10" TURBINE 250.0 $ 733,500 12" TURBINE 330.0 $ 968,220 SEWER COLLECTION IMPACT FEE *Collection Impact Fee Per Living Unit Equivalent (LUE) $ 1,668 *Sewer based on LUE: LUE = 245 gallons per day These are only City of Schertz impact fees. Other Utility Impact Fees *Treatment Impact Fee Per LUE: $ 1,800.00 Schertz Seguin Local Government Corporation (SSLGC) Example by meter size: 5/8" Simple $ 1,607.24 ROADWAY IMAPACT FEE Residential Home $ 2,022.00 Nonresidential, per service unit* $ 100.00 *The number of service units are based on the use of the property. A fee calculator is available on the City Website under the Engineering page City of Schertz Schedule of Fees Public Works - Water Rates 1 2018-19 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) I INSIDE CITY F- OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 5/8 IN 0 $ 24.61 $ 3.04 $ 28.94 $ 5.90 CODE 6,000 $ 42.85 $ 3.09 $ 64.37 $ 5.97 9,000 $ 52.12 $ 3.34 $ 82.29 $ 6.49 12,000 $ 62.14 $ 3.61 $ 101.77 $ 6.97 15,000 $ 72.97 $ 3.82 $ 122.70 $ 7.37 18,000 $ 84.43 $ 4.81 $ 144.82 $ 9.23 30,000 $ 142.15 $ 5.46 $ 255.64 $ 10.48 45,000 $ 224.05 $ 5.81 $ 412.91 $ 11.14 60,000 $ 311.20 $ 6.03 $ 580.09 $ 11.52 75,000+ $ 401.65 $ 6.15 $ 752.96 $ 11.77 3/4 IN 0 $ 35.82 $ 2.95 $ 46.76 $ 5.91 CODE 6,000 $ 53.52 $ 3.00 $ 8222 $ 5.98 9,000 $ 62.52 $ 3.24 $ 100.16 $ 6.50 12,000 $ 72.24 $ 3.50 $ 119.66 $ 6.98 15,000 $ 82.74 $ 3.71 $ 140.60 $ 7.38 18,000 $ 93.87 $ 4.67 $ 162.74 $ 9.24 30,000 $ 149.91 $ 5.30 $ 273.63 $ 10.49 45,000 $ 229.41 $ 5.64 $ 430.98 $ 11.15 60,000 $ 314.01 $ 5.85 $ 598.24 $ 11.53 75,000+ $ 401.76 $ 5.97 $ 771.19 $ 11.78 1.0 IN 0 $ 59.70 $ 2.95 $ 77.93 $ 5.91 CODE 6,000 $ 77.40 $ 3.00 $ 113.39 $ 5.98 9,000 $ 86.40 $ 3.24 $ 131.33 $ 6.50 12,000 $ 96.12 $ 3.50 $ 150.83 $ 6.98 15,000 $ 106.62 $ 3.71 $ 171.78 $ 7.38 18,000 $ 117.75 $ 4.67 $ 193.92 $ 9.24 30,000 $ 173.79 $ 5.30 $ 304.80 $ 10.49 45,000 $ 253.29 $ 5.64 $ 462.15 $ 11.15 60,000 $ 337.89 $ 5.85 $ 629.41 $ 11.53 75,000+ $ 425.64 $ 5.97 $ 802.36 $ 11.78 37 City of Schertz Schedule of Fees Public Works - Water Rates 1 2018-19 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) I INSIDE CITY F- OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 1 1/2 IN 0 $ 158.55 $ 2.95 $ 155.85 $ 5.91 CODE 15,000 $ 202.80 $ 3.00 $ 244.50 $ 5.98 30,000 $ 247.80 $ 3.24 $ 334.21 $ 6.50 45,000 $ 296.40 $ 3.50 $ 431.71 $ 6.98 60,000 $ 348.90 $ 3.71 $ 536.42 $ 7.38 75,000 $ 404.55 $ 4.67 $ 647.12 $ 9.24 100,000 $ 521.30 $ 5.30 $ 878.13 $ 10.49 125,000 $ 653.80 $ 5.64 $ 1,140.39 $ 11.15 150,000 $ 794.80 $ 5.85 $ 1,419.15 $ 11.53 175,000+ $ 941.05 $ 5.97 $ 1,707.40 $ 11.78 21N 0 $ 253.67 $ 2.95 $ 249.36 $ 5.91 SIMPLE 24,000 $ 324.47 $ 3.00 $ 391.21 $ 5.98 COMPOUND 48,000 $ 396.47 $ 3.24 $ 534.74 $ 6.50 CODE 72,000 $ 474.23 $ 3.50 $ 690.75 $ 6.98 96,000 $ 558.23 $ 3.71 $ 858.27 $ 7.38 120,000 $ 647.27 $ 4.67 $ 1,035.40 $ 9.24 160000 $ 834.07 $ 5.30 $ 1,405.02 $ 10.49 200,000 $ 1,046.07 $ 5.64 $ 1,824.63 $ 11.15 240,000 $ 1,271.67 $ 5.85 $ 2,270.64 $ 11.53 280,000+ $ 1,505.67 $ 5.97 $ 2,731.85 $ 11.78 21N 0 $ 317.08 $ 2.95 $ 311.71 $ 5.91 TURBINE 30,000 $ 405.58 $ 3.00 $ 489.02 $ 5.98 CODE 60,000 $ 495.58 $ 3.24 $ 668.43 $ 6.50 90,000 $ 592.78 $ 3.50 $ 863.44 $ 6.98 120,000 $ 697.78 $ 3.71 $ 1,072.85 $ 7.38 150,000 $ 809.08 $ 4.67 $ 1,294.26 $ 9.24 200,000 $ 1,042.58 $ 5.30 $ 1,756.27 $ 10.49 250,000 $ 1,307.58 $ 5.64 $ 2,280.79 $ 11.15 300,000 $ 1,589.58 $ 5.85 $ 2,838.30 $ 11.53 350,000+ $ 1,882.08 $ 5.97 $ 3,414.82 $ 11.78 38 City of Schertz Schedule of Fees Public Works - Water Rates 1 2018-19 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) I INSIDE CITY F- OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 31N 0 $ 507.34 $ 2.95 $ 498.73 $ 5.91 COMPOUND 48,000 $ 648.94 $ 3.00 $ 782.42 $ 5.98 CODE 96,000 $ 792.94 $ 3.24 $ 1,069.48 $ 6.50 144,000 $ 948.46 $ 3.50 $ 1,381.49 $ 6.98 192,000 $ 1,116.46 $ 3.71 $ 1,716.55 $ 7.38 240,000 $ 1,294.54 $ 4.67 $ 2,070.80 $ 9.24 320,000 $ 1,668.14 $ 5.30 $ 2,810.03 $ 10.49 400,000 $ 2,092.14 $ 5.64 $ 3,649.26 $ 11.15 480,000 $ 2,543.34 $ 5.85 $ 4,541.28 $ 11.53 560,000+ $ 3,011.34 $ 5.97 $ 5,463.71 $ 11.78 31N 0 $ 761.01 $ 2.95 $ 748.09 $ 5.91 TURBINE 72,000 $ 973.41 $ 3.00 $ 1,173.64 $ 5.98 CODE 144,000 $ 1,189.41 $ 3.24 $ 1,604.22 $ 6.50 216,000 $ 1,422.69 $ 3.50 $ 2,072.24 $ 6.98 288,000 $ 1,674.69 $ 3.71 $ 2,574.82 $ 7.38 408,000 $ 2,119.89 $ 4.67 $ 3,460.46 $ 9.24 528,000 $ 2,680.29 $ 5.30 $ 4,569.30 $ 10.49 648,000 $ 3,316.29 $ 5.64 $ 5,828.14 $ 11.15 768,000 $ 3,993.09 $ 5.85 $ 7,166.18 $ 11.53 888,000+ $ 4,695.09 $ 5.97 $ 8,549.81 $ 11.78 4 IN 0 $ 792.72 $ 2.95 $ 779.27 $ 5.91 COMPOUND 75,000 $ 1,013.97 $ 3.00 $ 1,222.54 $ 5.98 CODE 150,000 $ 1,238.97 $ 3.24 $ 1,671.06 $ 6.50 225,000 $ 1,481 .97 $ 3.50 $ 2,158.59 $ 6.98 300,000 $ 1,744.47 $ 3.71 $ 2,682.11 $ 7.38 425,000 $ 2,208.22 $ 4.67 $ 3,604.65 $ 9.24 550,000 $ 2,791.97 $ 5.30 $ 4,759.69 $ 10.49 675,000 $ 3,454.47 $ 5.64 $ 6,070.98 $ 11.15 800,000 $ 4,159.47 $ 5.85 $ 7,464.77 $ 11.53 925,000+ $ 4,890.72 $ 5.97 $ 8,906.06 $ 11.78 39 City of Schertz Schedule of Fees Public Works - Water Rates 1 2018-19 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) I INSIDE CITY F- OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 41N 0 $ 1,331.77 $ 2.95 $ 1,309.16 $ 5.91 TURBINE 126,000 $ 1,703.47 $ 3.00 $ 2,053.86 $ 5.98 CODE 10 252,000 $ 2,081.47 $ 3.24 $ 2,807.37 $ 6.50 378,000 $ 2,489.71 $ 3.50 $ 3,626.41 $ 6.98 504,000 $ 2,930.71 $ 3.71 $ 4,505.93 $ 7.38 630,000 $ 3,398.17 $ 4.67 $ 5,435.85 $ 9.24 840,000 $ 4,378.87 $ 5.30 $ 7,376.32 $ 10.49 1,050,000 $ 5,491.87 $ 5.64 $ 9,579.29 $ 11.15 1,260,000 $ 6,676.27 $ 5.85 $ 11,920.85 $ 11.53 1,470,000+ $ 7,904.77 $ 5.97 $ 14,342.22 $ 11.78 61N 0 $ 1,585.44 $ 2.95 $ 1,558.53 $ 5.91 COMPOUND 150,000 $ 2,027.94 $ 3.00 $ 2,445.08 $ 5.98 CODE 11 300,000 $ 2,477.94 $ 3.24 $ 3,342.13 $ 6.50 450,000 $ 2,963.94 $ 3.50 $ 4,317.17 $ 6.98 600,000 $ 3,488.94 $ 3.71 $ 5,364.22 $ 7.38 750,000 $ 4,045.44 $ 4.67 $ 6,471.27 $ 9.24 1,000,000 $ 5,212.94 $ 5.30 $ 8,781.35 $ 10.49 1,250,000 $ 6,537.94 $ 5.64 $ 11,403.93 $ 11.15 1,500,000 $ 7,947.94 $ 5.85 $ 14,191.50 $ 11.53 1,750,000+ $ 9,410.44 $ 5.97 $ 17,074.08 $ 11.78 61N 0 $ 2,917.20 $ 2.95 $ 2,583.51 $ 5.91 TURBINE 276,000 $ 3,731.40 $ 3.00 $ 4,214.76 $ 5.98 CODE 12 552,000 $ 4,559.40 $ 3.24 $ 5,865.32 $ 6.50 828,000 $ 5,45164 $ 3.50 $ 7,659.41 $ 6.98 1,104,000 $ 6,419.64 $ 3.71 $ 9,585.98 $ 7.38 1,380,000 $ 7,443.60 $ 4.67 $ 11,622.94 $ 9.24 1,840,000 $ 9,591.80 $ 5.30 $ 15,873.49 $ 10.49 2,300,000 $ 12,029.80 $ 5.64 $ 20,699.03 $ 11.15 2,760,000 $ 14,624.20 $ 5.85 $ 25,828.18 $ 11.53 3,220,000+ $ 17,315.20 $ 5.97 $ 31,132.12 $ 11.78 M City of Schertz Schedule of Fees Public Works - Water Rates 1 2018-19 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) I INSIDE CITY F- OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 81N 0 $ 2,562.44 $ 2.95 $ 2,269.09 $ 5.91 COMPOUND 240,000 $ 3,270.44 $ 3.00 $ 3,687.57 $ 5.98 CODE 13 480,000 $ 3,990.44 $ 3.24 $ 5,122.84 $ 6.50 720,000 $ 4,768.04 $ 3.50 $ 6,682.92 $ 6.98 960,000 $ 5,608.04 $ 3.71 $ 8,358.19 $ 7.38 1,200,000 $ 6,498.44 $ 4.67 $ 10,129.47 $ 9.24 1,600,000 $ 8,366.44 $ 5.30 $ 13,825.59 $ 10.49 2,000,000 $ 10,486.44 $ 5.64 $ 18,021.72 $ 11.15 2,400,000 $ 12,742.44 $ 5.85 $ 22,481.85 $ 11.53 2,800,000+ $ 15,082.44 $ 5.97 $ 27,093.97 $ 11.78 8IN 0 $ 5,124.88 $ 2.95 $ 5,037.37 $ 5.91 TURBINE 480,000 $ 6,540.88 $ 3.00 $ 7,874.32 $ 5.98 CODE 14 960,000 $ 7,980.88 $ 3.24 $ 10,744.87 $ 6.50 1,440,000 $ 9,536.08 $ 3.50 $ 13,865.02 $ 6.98 1,920,000 $ 11,216.08 $ 3.71 $ 17,215.57 $ 7.38 2,400,000 $ 12,996.88 $ 4.67 $ 20,758.12 $ 9.24 3,200,000 $ 16,732.88 $ 5.30 $ 28,150.37 $ 10.49 4,000,000 $ 20,972.88 $ 5.64 $ 36,542.63 $ 11.15 4,800,000 $ 25,484.88 $ 5.85 $ 45,462.88 $ 11.53 5,600,000+ $ 32,504.88 $ 5.97 $ 59,299.26 $ 11.78 101N 0 $ 3,683.51 $ 2.95 $ 3,620.61 $ 5.91 COMPOUND 345,000 $ 4,701.26 $ 3.00 $ 5,659.67 $ 5.98 CODE 15 690,000 $ 5,736.26 $ 3.24 $ 7,722.88 $ 6.50 1,035,000 $ 6,854.06 $ 3.50 $ 9,965.49 $ 6.98 1,380,000 $ 8,061.56 $ 3.71 $ 12,373.70 $ 7.38 1,725,000 $ 9,341.51 $ 4.67 $ 14,919.90 $ 9.24 2,300,000 $ 12,026.76 $ 5.30 $ 20,233.09 $ 10.49 2,875,000 $ 15,074.26 $ 5.64 $ 26,265.02 $ 11.15 3,450,000 $ 18,317.26 $ 5.85 $ 32,676.45 $ 11.53 4,025,000+ $ 21,681.01 $ 5.97 $ 39,306.38 $ 11.78 41 City of Schertz Schedule of Fees Public Works - Water Rates 1 2018-19 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) I INSIDE CITY F- OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 101N 0 $ 6,499.16 $ 2.95 $ 6,770.05 $ 5.91 TURBINE 750,000 $ 8,711.66 $ 3.00 $ 11,202.79 $ 5.98 CODE 16 1,500,000 $ 10,961.66 $ 3.24 $ 15,688.02 $ 6.50 2,250,000 $ 13,391.66 $ 3.50 $ 20,563.26 $ 6.98 3,000,000 $ 16,016.66 $ 3.71 $ 25,798.49 $ 7.38 3,750,000 $ 18,799.16 $ 4.67 $ 31,333.73 $ 9.24 5,000,000 $ 24,636.66 $ 5.30 $ 42,884.12 $ 10.49 6,250,000 $ 31,261.66 $ 5.64 $ 55,997.02 $ 11.15 7,500,000 $ 38,311.66 $ 5.85 $ 69,934.91 $ 11.53 8,750,000+ $ 45,624.16 $ 5.97 $ 84,347.80 $ 11.78 121N 0 $ 10,570.07 $ 2.95 $ 9,359.97 $ 5.91 TURBINE 990,000 $ 13,490.57 $ 3.00 $ 15,211.18 $ 5.98 CODE 17 1,980,000 $ 16,460.57 $ 3.24 $ 21,131.69 $ 6.50 2,970,000 $ 19,668.17 $ 3.50 $ 27,567.00 $ 6.98 3,960,000 $ 23,133.17 $ 3.71 $ 34,477.52 $ 7.38 4,950,000 $ 26,806.07 $ 4.67 $ 41,784.03 $ 9.24 6,600,000 $ 34,511.57 $ 5.30 $ 57,030.55 $ 10.49 8,250,000 $ 43,256.57 $ 5.64 $ 74,339.57 $ 11.15 9,900,000 $ 52,562.57 $ 5.85 $ 92,737.59 $ 11.53 11,550,000+ $ 62,215.07 $ 5.97 $ 111,762.60 $ 11.78 RATE 1000 FH METER 135.75 9.40 Cibolo Wholesale Water Rate 3.27 42 City of Schertz Schedule of Fees Drought Contingency Surcharges 1 2018 -191 For the first 1,000 gallons over allocation* $ 2.00 For the second 1,000 gallons over allocation* $ 3.00 For the third 1,000 gallons over allocation* $ 4.00 For each additional 1,000 gallons over allocation* $ 5.00 Drought Contingency Violation Fines, up to $ 200.00 *Refer to the Conservation Ordinance for all allocations 43 City Council Meeting: Department: Subject: BACKGROUND Agenda No. 3 CITY COUNCIL MEMORANDUM December 11, 2018 Finance Resolution No. 18 -R -148 - Consideration and/or action approving the semiannual report with respect to the progress of the Capital Improvements Plan, and other matters in connection therewith. (B. James /J. Walters) Section 395.058 (c) (4) of the Texas Local Government Code requires the Capital Improvements Advisory Committee (CIAO) to file semi - annual reports with respect to the progress of the capital improvements plan and report to City Council any perceived inequities in implement the plan or imposing impact fees. Section 90 -158 of the City's Code of Ordinance includes this same requirement. The CIAC is a citizen group made up of our current Planning and Zoning Commission, a real estate -type representative and a resident in the Extraterritorial. Jurisdiction, all of whom are appointed by the City Council. Impact fees can only be charged to new development and used in compliance with a specific adopted plan. Projects in the plan must be designed to increase the capacity of our water and sewer unfractured to accommodate our growth. General maintenance or replacing old pipes would not be acceptable uses of these funds. The attached report includes capital recovery balance reports for April 1, 2018 through September 30, 2018 and the draft CIAC minutes from November 14, 2018. Goal To accept the Semi - annual Reports on the revenue and expenditures relating to the water, wastewater, and roadway impact fees as filed by the City of Schertz Capital. Improvements Advisory Committee (CIAC). Community Benefit To ensure compliance with State Law and the City's Code of Ordinances and to ensure that impact fees are being collected and spent appropriately. FISCAL IMPACT The report indicates the amounts collected and spent for water, wastewater, and roadway impact fees. Approval of Resolution 18-R -148 accepting the Semi - annual Reports as filed by the Capital Improvements Advisory Committee. ATTACHMENT(S) Resolution 18 -R -148 Exhibit A: Capital Recovery Balance Report for April 1, 2018 through September 30, 2018 Exhibit B: Draft Minutes for the November 14, 2018 Capital Improvements Advisory Committee Meeting RESOLUTION NO. 18 -R -148 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ACCEPTING THE SEMIANNUAL REPORTS WITH RESPECT TO THE PROGRESS OF THE CAPITAL IMPROVEMENTS PLAN, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Capital Improvements Advisory Committee has reviewed the revenue and expenditures relating to the established Capital Recovery Fees in accordance with the Capital. Improvements Plan for the City of Schertz; and WHEREAS, the City Council accepts the Semiannual Reports as filed by the Capital Improvements Advisory Committee in accordance with Texas Local Government Code Chapter 395; then BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby accepts the Capital Recovery Balance Report with respect to the progress of the Capital Improvements Plan for the City of Schertz, Texas for the periods of April 1, 2018 through September 3, 2018 as shown in the attached Exhibit A and the draft minutes of the November 14, 2018 City of Schertz Capital Improvements Advisory Committee as shown in the attached Exhibit B. 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 11th day of December, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary EXHIBIT A EXHIBIT B EXHIBIT C CITY OF SCHERTZ CAPITAL RECOVERY IMPACT FEE REPORT APRIL 1, 2018 TO SEPTEMBER 30, 2018 Apr 1, 2018 to Sept 30, 2018 * * * * * * * * * * * * ** IMPACTS FEES * * * * * * * * * * * * ** Water Sewer Total Beginning Allocated Impact Fee Balance 2,843,373.52 0.00 2,843,373.52 Net Change in Allocted Impact Fees Ending Allocated Impact Fee Balance Beginning Unallocated Impact Fee Balance 2 (6 „248,00) 419,238.80 412,990.80 2,849,621.52 419,238.80 3,268,860.32 5,834,982.31 6,097,488.60 11,932,470.91 Revenues: Impact Fees 708,561.00 351,651.48 1,060,212.48 Transfer In 0.00 0.00 0.00 Interest Earned 3,201.84 1,997.33 5,199.17 Investments Income 61,368.63 57,303.91 118,672.54 Capital One - Investment Income 0.00 0.00 0.00 Misc Income 0.00 0.00 0.00 Reimbursement 0.00 0.00 0.00 Expenses: Advertising 0.00 0.00 0.00 Engineering 0.00 0.00 0.00 Legal Svcs 0.00 0.00 0.00 Professional Services 0.00 0.00 0.00 CCMA- NorthCliffe Impact Fees 0.00 0.00 0.00 Auditor /Accounting Services 0.00 0.00 0.00 Investment Mgt Fee - Sewer 0.00 2,181.05 2,181.05 Transferred Out 0.00 487,848.00 487,848.00 Total Revenue Over /(Under) Expense Ending Unallocated Impact Fee Balance Estimated Cost of Unfunded Projects Corbett Elevated Tank - RL1 Corbett Ground Storage Tank NE Quad Distribution Mains Impact Fee Study Update Woman Hollering Trunk Line Cibolo West Trunk Line Impact Fee Study Update Total Unfunded Project Costs Unfunded Projects to Ending Unallocated Impact Fee Balance 3 773,131.47 (79,076.333 694,055.14 6,608,113.78 6,018,412.27 12,626,526.05 2,600,000.00 5,000,000.00 1,300,000.00 250,000.00 7,860,000.00 6,000,000.00 250,000.00 9,150,000.00 14,110,000.00 23,260,000.00 (2,541,886.22) (8,091,587,73) (10,633,473,95) Allocated Impact Fee Balances only include Capital Recovery funds and not funds from any other source. It also assumes Capital Recovery Funds are used first when allocated. z Beginning Unallocated Impact Fee Balance for Water includes $116,040 loan for the Street Impact Fee Study s Negative Unfunded Projects to Ending Impact Fee Balance to be funded by future revenues or through other sources Capital Recovery Water Projects Capital Improvements Program SE Quad Pump Station SE Quad GST SE Quad Elevated Tank SE Quad Distribution Mains NE Quad Distribution Mains IH10 Corridor Distribution Mains Original Cost Estimate $ 1,688,289 $ 1,100,000 $ 1,250,000 $ 1,700,000 $ 1,600,000 $ 1,000,000 Current Project Designation Corbett Ground Storage Tank Corbett Ground Storage Tank Corbett Elevated Tank - RL1 Corbett Elevated & Ground Tanks $ 12,251.14 Current Cost Estimate $ 5,000,000 $ 5,650,000 $ 1,300,000 $ Capital Recovery Funding /Allocation 2011 Second Half 2011 2012 First Half 2012 2013 $ 12,251.14 Second Half 2012 2014 $ 500.00 2015 $ 87,166.10 $ 12,251.14 2016 First Half 2014 $ 3,050,000.00 $ 6.77 2017 Second Half 2014 $ 1,581.13 2018 $ 980.00 Second Half 2015 Other Funding Sources $ 120,233.32 $ 897,245.46 First Half 2016 Project Annual Expenses First Half 2011 Second Half 2011 First Half 2012 Second Half 2012 First Half 2013 Second Half 2013 $ 12,251.14 First Half 2014 $ 6.77 Second Half 2014 $ 1,581.13 First Half 2015 $ 980.00 Second Half 2015 $ 120,233.32 First Half 2016 $ 87,843.28 Second Half 2016 $ 23,263.75 First Half 2017 $ - Second Half 2017 $ 40,403.20 First Half 2018 $ 6,248.00 Second Half 2018 $ 7,485.13 Total Expenses $ - $ - $ 300,295.72 $ Project Balance $ $ - 1 $ 3,746,866.98 $ - 1 $ $ - Project Status Future Future Ongoing Future Future Future Capital Recovery Sewer Projects Capital Improvements Program Final South Sewershed Master Plan Town Creek Phase III Town Creek Phase IV Woman Hollering Creek STP PH II South Schertz Trunk Lines and Lift Station South Schertz Trunk Lines and Lift Station Original Cost Estimate $ 15,000 $ 659,126 $ 1,000,000 $ 600,000 $ 9,600,000 Current Project Designation Town Creek Phase III - QA3 Crossvines Batch Plant Expansion - QA4 Woman Hollering Trunk Line - QA2 Cibolo West Truck Line Current Cost Estimate $ 931,740 $ 487,848 1 $ 10,860,000 1 $ 6,000,000.0 Capital Recovery Funding /Allocation 2011 2012 2013 2014 $ 82,262.17 2015 $ 49,861.30 2016 $ 980.00 $ 17,032.55 2017 $ 28,743.00 $ 61,364.70 2018 $ 46,690.62 $ 487,848.00 $ 34,775.84 Other Funding Sources Bond 2007 $ 931,739.74 Bond 2013 $ 3,000,000.00 Project Annual Expenses First Half 2011 Second Half 2011 First Half 2012 Second Half 2012 $ 82,262.17 First Half 2013 $ 49,861.30 Second Half 2013 $ 980.00 $ 17,032.55 First Half 2014 $ 28,743.00 $ 61,364.70 Second Half 2014 $ 46,690.62 $ 34,775.84 First Half 2015 $ 5,858.72 $ 5,382.50 Second Half 2015 $ 815,683.00 $ 38,315.41 First Half 2016 $ 33,784.40 $ 121,438.32 Second Half 2016 $ 83,983.26 First Half 2017 $ 10,255.00 Second Half 2017 $ 4,048.18 First Half 2018 $ 247,870.62 Second Half 2018 $ 68,609.20 $ 212,479.83 Total Expenses $ $ 931,739.74 $ - $ 68,609.20 $ 969,069.68 Project Balance $ - 1 $ $ $ 419,238.80 1 $ 2,030,930.32 Project Status Future Complete Future On Going On Going Future CITY OF SCHERTZ ROADWAY IMPACT FEE REPORT APRIL 1, 2018 TO SEPTEMBER 30, 2018 Apr 1, 2018 to Sept 30, 2018 Beginning Allocated Impact Fee Balance Net Change in Allocted Impact Fees Ending Allocated Impact Fee Balance Beginning Unallocated Impact Fee Balance Revenues: Impact Fees Interest Earned Investments Income Expenses: Advertising Engineering Legal Svcs Professional Services Auditor /Accounting Services Transferred Out Total Revenue Over /(Under) Expense Ending Unallocated Impact Fee Balance * * * * * * * * * * * * * * * * * * ** ROADWAY IMPACTS FEES * * * * * * * * * * * * * * * * * * ** Area 1 Area 2 Area 3 Area 4 Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 60,793.07 0.00 0.00 0.00 60,793.07 329.29 0.00 0.00 0.00 329.29 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 61,122.36 0.00 0.00 0.00 61,122.36 61,122.36 0.00 0.00 0.00 61,122.36 Special Joint Meeting of the Capital Improvements Advisory Committee Minutes November 1.4, 201.8 The Capital Improvements Advisory Committee convened on Wednesday, November 14, 2018 at 6:00 P.M. in the Council Chambers, 1400 Schertz Parkway, Bldg. 4 Schertz, Texas. Members Present: Michael Dahle Richard Braud Ken Greenwald Gordon Rae Glen Outlaw Dr. Mark Penshorn Staff Present: Brian James, Acting City Manager Lesa Wood, Director of Planning & Community Tiffany Danhof, Executive Assistant Emily Delgado, Planner 1 Nick Koplyay, Planner 1 James Walters, Director of Finance Scott McClelland, Project Manager Charles Zech, City Attorney 1. Call to order by each Mr. Dahle called the 2 A. Hold a public heari on achieving the co the plans or admini Chairman Dahle ope No one spoke during Members Absent: Tim Brown the semi- annual report evaluating the progress of the city program and identifying any problems in implementing overy fees Hearing at 6:03 P.M. Chairman Dahle closed the public hearing at 6:04 P.M. There was a brief discussion. Mr. Outlaw motioned to recommend to the City Council approval of the semi - annual report. Mr. Greenwald seconded the motion. The vote was 6 -0. Motion carried. 3. Adjournment. Chairman Dahle adjourned the CIAC meeting at 6:07 P.M. Accepted by City Council By Resolution Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: December 11, 2018 Department: Fire Subject: Resolution No. 18 -R -150 - A Resolution by The City Council of The City of Schertz, Texas Authorizing An Amendment Resolution No. 18 -R -140 For The Purchase Of A Brush Truck For $150,000 To Chastang Ford, And Additional Equipment, Maintenance, And Repairs Up To $110,000 With Siddons Martin Emergency Group For FY 2018 -2019 Background Resolution 1.8 -R -140 was approved by Council on October 23, 2018. This item is being brought back before Council because Siddons - Martin has said due to State purchasing regulations as well as the HGAC buying cooperative rules the PO for this purchase should be listed as Chastang Ford the actual dealer that will sell the vehicle for the brush truck to be built upon. State law is clear that only dealers of vehicle manufacturers can sell to the end consumer. For brush trucks, Siddons Martin is not a truck manufacturer but instead is a truck outfitter. So, to remain compliant, HGAC requires the dealer, Chastang Ford to sell the vehicle. Chastang will sell us the completed brush truck and then will pay the outfitter (Siddons Martin) to do the work to turn it into a brush truck. This is very similar to the way PD has acquired patrol vehicles in the past by purchasing vehicles from a Ford Dealer and then the Ford Dealer outfits the vehicles with all the equipment necessary to make it a patrol vehicle through a third party vehicle outfitter. As noted back on October 23, within the 2018 . / 2019 . fiscal budget year, Schertz Fire Department was approved to purchase one (1) Brush truck vehicle. The Fire Department has three (3) Brush Trucks to serve the community. Currently, we have two (2) brush trucks which are beyond their replacement date. The first is a 2002 Ford F550 single cab while the second one is a 2008 Ford F550. Due to the fact that we were awarded a TIFMAS Type III Grant Engine, it is our plan to use this vehicle as the replacement for the 2002 F550. This purchase will be used as the replacement for the 2008 F550. Also, the 2008 F550 will be maintained in the Fleet to serve as a backup Brush Truck. The Brush Truck will be a Ford F550 that when outfitted by Siddons Martin, Skeeter Brush Trucks. It will have an extended cab with a 6.8- liter V -10 gasoline engine, 4 -wheel drive and automatic transmission. The suspension is an engineered 6 -inch lift for increased ground and high -water clearance. The pump is capable of pumping up to 300 gallons per minute and will carry 400 gallons of water with a 10- gallon foam tank for increased fire - fighting capability. In Resolution 18 -R -1.40, staff also got approval to spend additional dollars above the brush truck purchase with Siddons Martin repairs and some annual maintenance on all of our Fire Apparatus and Schertz EMS ambulances. Additionally, staff anticipates purchasing additional equipment from Siddons Martin throughout the remainder of the 2018 -2019 FY. We estimated and Council approved additional expenditures up to but not to exceed $1.1.0,000.00 on equipment, maintenance, and repairs. Staff is asking Council to consider Resolution 1.8 -R -150 that amends Resolution 1.8 -R -140 to call for the purchase of the brush truck from Chastang Ford and continuing the authorization to spend a not to exceed amount of $1.10,000 with Siddons Martin for the remainder of the fiscal year. Community Benefit Fire service in the community is expected to improve with the purchase of the new fire apparatus due to increased reliability, greater functional capability, and reduced operating costs. This apparatus will also be setup for State of Texas All - Hazards deployments. Fiscal Impact The total HGAC price submitted by Siddons Martin Skeeter Division including delivery of the vehicle is $150,000.00. Funds are budgeted and available. Recommendation Staff recommends Council Approval of Resolution 18 -R -150 Authorizing An Amendment Resolution No. 1.8 -R -140 For The Purchase Of A :Brush Truck For $150,000 To Chastang Ford, And Additional Equipment, Maintenance, And Repairs Up To $110,000 With Siddons Martin Emergency Group For FY 201.8 -2019. Attachment(s) Resolution 18 -R -150 RESOLUTION NO. 18 -R -150 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO RESOLUTION NO. 18 -R- 140 FOR THE PURCHASE OF A BRUSH TRUCK FOR $150,000 TO CHASTANG FORD, AND ADDITIONAL EQUIPMENT, MAINTENANCE, AND REPAIRS UP TO $110,000 WITH SIDDONS MARTIN EMERGENCY GROUP FOR FY 2018 -2019 WHEREAS, Resolution 18 -R -140 was approved on October 23, 2018 to purchase one (1) Fire Brush Truck; and WHEREAS, Schertz Fire Department has chosen Siddons Martin, Skeeter Brush Trucks, a Houston Galveston Area Council of Governments (HGAC) National Purchasing Cooperative vendor, for the purchase of one (1) 2019 Ford F550 Brush Truck through Chastang Ford; and WHEREAS, HGAC purchasing rules require Purchase Orders to be completed with the vehicle dealer, Chastang Ford, who will then submit payment to Siddons - Martin Emergency Group to outfit the vehicle; and WHEREAS, purchases under the cooperative programs meet the requirements under the Texas Local Government Purchasing Code rule for cooperative purchases; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Siddons Martin — Skeeter Brush Trucks pursuant to the vendor quote and relevant HGAC award information attached hereto as Exhibit A (the "Supporting Documentation "); and WHEREAS, the City anticipates additional expenditures with Siddons Martin up to $110,000.00 on equipment, maintenance, and repairs for FY 2018 -2019. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes an amendment to resolution no. 1.8 -8- 140 for the purchase of a brush truck for $150,000 from Chastang Ford, and additional equipment, maintenance, and repairs up to $110,000 with Siddons Martin Emergency Group for FY 2018- 2019 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 I Ith day of December, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary Agenda No. 5 0111 &WOU11104 1aU 1 DIU [o7 710 Rod 1 City Council Meeting: December 11, 2018 Department: City Manager Subject: Resolution No. 18 -R -153 - Consideration and/or action approving a Resolution appointing and reappointing Directors of the Tax Increment Reinvestment Zone Number Two, City of Schertz and related matters in connection therewith. (B. James) The terms of the City's appointees to the Tax Increment Reinvestment Zone (TI.RZ) Number Two (Sedona/Crossvine) have expired. Per Ordinance 06 -T -61 that designated the Zone, the City shall appoint Six Directors to the Zone's Board of Directors. Bexar County shall appoint two Directors, the San Antonio River Authority shall appoint one Director and the State Representative and State House :Representative shall also each appoint one Director. Staff recommends that Michael Dahle, John Bierschwale, Bob Cantu, Gary Inmon, and Chris Price be reappointed and that Council appoint a member of City Council appoint a member of Council to fill the spot occupied by a member of Council. Bert Crawford had served in that role, taking over for Mayor Carpenter. All will be appointed for two year terms, through December 31, 2020. Goal Appoint and reappoint Directors to the Tax Increment Reinvestment Zone Number Two. Community Benefit Provides oversight of the Tax Increment Reinvestment Zone Number 2. Summary of Recommended Action Recommend approval of Resolution 18 -R -153 appointing six Directors to the Tax Increment Reinvestment Zone Number 2 Board of Directors. FISCAL IMPACT N/A RECOMMENDATION Approval of Resolution 1.8 -R -153 appointing six Directors to the Tax Increment Reinvestment Zone Number 2 Board of Directors. ATTACHMENT Resolution 18 -R -1.53 RESOLUTION NO. 18 -R -153 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPOINTING AND REAPPOINTING DIRECTORS OF REINVESTMENT ZONE NUMBER TWO, CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH WHEREAS, Reinvestment Zone Number Two, City of Schertz, Texas (the "Zone ") is governed by a Board of Directors (the "Board ") consisting of eleven total directors (the "Directors "); WHEREAS, six Directors are appointed by the City of Schertz, two Directors are appointed by Bexar county, and one Director is appointed by each of the San Antonio River Authority, the State Representative for the Zone, and the State Senator for the Zone; Whereas, Michael Dahle, John Bierschwale, Bob Cantu, Gary Inmon, and Chris Price are currently Directors of the Zone, and their terms have expired; Whereas, the City Council desires to reappoint Michael Dahle, John Bierschwale, Bob Cantu, Gary Inmon and Chris Price to their positions as Directors of the Zone; Whereas, the City Council desires to appoint as a Director of the Zone to fill a vacancy. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby reappoints Michael Dahle as a Director of the Zone, with a term ending December 31, 2020. Section 2. The City Council hereby reappoints John Bierschwale as a Director of the Zone, with a term ending December 31, 2020. Section 3. The City Council hereby reappoints Bob Cantu as a Director of the Zone, with a term ending December 31, 2020. Section 4. The City Council hereby reappoints Gary Inmon as a Director of the Zone, with a term ending December, 2020. Section 5. The City Council hereby reappoints Chris Price as a Director of the Zone, with a term ending June 27, 2020. Section 6. The City Council hereby appoints as a Director of the Zone, with a term starting on the dates hereof and ending June 27, 2020. Section 7. 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 8. 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 9. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 10. 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 11. 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 12. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 11th day of December, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: December 11, 2018 Department: City Manager's office Resolution No. 18 -R -151 - Consideration and/or action on the disposition of property in the custody of the Schertz Historic Preservation Committee On October 29, 2018, Dean Weirtz, Chairman of the Schertz Historical Preservation Committee, sent an email to the City Attorney regarding the disposition of property in the custody of the Schertz Historical Preservation Committee (SHPC). At the November 13, 2018 meeting, Councilman Scagliola requested a workshop to discuss the matter. As noted in Mr. Weirtz' email, the SHPC, at their October 25, 2018 . meeting, recommended that items financed by the City be returned to the City for disposition as the City sees fit, with the exception that the restored birth certificate of Water A. Schertz be hung in Council Chambers. Items not financed by the City that are suitable for display, such as historic photos, be hung in the hallway and lobby of the Civic Center. Items not displayed per the above would be transferred to the Cibolo Valley Community Museum Association. Items currently displayed throughout the community would be turned over the ownership of those facilities. The City is paying approximately $1,500 annually in rental for a storage unit for these items. City Council discussed the item at their November 27 meeting and the general consensus was to dispose of the items as proposed by the Committee, with the City storing items that could be displayed in City facilities. Attachments Resolution 18 -R -151 RESOLUTION NO. 18 -R -151 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHROZING THE DISPOSITION OF PROPERTY COLLECTED BY THE SCHERTZ HISTORICAL PRESERVATION COMMITTEE, CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH WHEREAS, The Schertz Historical Preservation Committee (SHPC) is a City of Schertz Created and appointed Committee; WHEREAS, the SHPC was charged with creating a City museum to contain pictures, artifact, and other historical items related to the City's past; WHEREAS, the SHPC began collecting items intended for use in a future museum; WHEREAS, a museum is not likely to be realized in the near future; WHEREAS, the items collected and purchased by the SHPC for the museum are being stored by the City and are on display in few locations throughout the community; WHEREAS, these items have been determined to have de minimis financial value; WHEREAS, the items are useful in promoting the history of the Community; Whereas, the SHPC has recommended that the items that can be hung for display, such as historic photos and the restored birth certificate of Walter A. Schertz be kept by the City and displayed as appropriate, release custody of items not be displayed in non -City owned facilities to the occupant of those facilities, that the remaining items be donated to the Cibolo Valley Community Museum Association and that those not wanted by any of the above organizations be discarded. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby determines the materials collected by the SHCP are deemed to be surplus and be disposed of as follows: the items that can be hung for display, such as historic photos and the restored birth certificate of Walter A. Schertz be kept by the City and displayed as appropriate, release custody of items not be displayed in non -City owned facilities to the occupant of those facilities, that the remaining items be donated to the Cibolo Valley Community Museum Association and that those not wanted by any of the above organizations be discarded. 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 11th day of December, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary Agenda No. 7 CITY COUNCIL MEMORANDUM City Council: December 11, 2018 Department: City Manager's Office Subject: Resolution No. 18 -R -152 — Consideration and/or action approving a Resolution authorizing the Schertz Main Street Local. Flavor Economic Development Program C• � 1 The City of Schertz currently has two major grant program, the Schertz Incentive Policy and the Schertz Main Street Preservation Incentive Program. The Schertz Incentive Policy is targeted towards the creation of Primary Jobs and large capital investment projects. The Schertz Main Street Preservation Incentive Program is targeted towards the preservation of Historic Structures and to promote economic vitality of the Main Street area as a tourist destination. Over the past two years, the City of Schertz has considered economic development programs that target small businesses that help create local flavor in the City of Schertz. Council has discussed developing a program that would help incentivize new investment in signage, facades, site improvements, and capital equipment. In connection with the City Council Main Street Committee and the City Council Strategic Meeting it was determined to develop a pilot program for Main Street. Once a program was developed, it would be monitored to see if the program should be expanded to other areas of the City. The Schertz Main Street Local Flavor Economic Development Program has been developed to achieve each of objectives COMMUNITY BENEFIT The City Council has heard from residents, business owners and community organizations at both City Council Meetings and a public open house that was held on April 9, 2018. Though a proposed program has had some opposition, the majority of input was positive for the creation of a program intended to help small businesses and create local flavor. FISCAL IMPACT Funds for the Schertz Main Street Local. Flavor Economic Development Program would come from the City's General Fund. The City Council will allocate funding annually in connection with its budget process. Grants would be available on a first-come-first-serve basis. Funds will be provided on a 50150 matching basis. All grants will be paid out upon completion of the project. Businesses owners or property owners may receive no more than one of the four proposed grant types per year. If the City Council approves this resolution will come forward with a budget amendment to allocate funding for this year. To approve the Schertz Main Street Local Flavor Economic Development Program ATTACHMENTS Resolution 1.8 -R -1.52 Schertz Main Street Local Flavor Economic Development Program RESOLUTION NO. 18-R-152 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOPMENT PROGRAM; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Section 380.001 of the Texas Local Government Code, as amended, allows the governing body of a municipality to establish and provide for the administration of one or more programs to promote state and local economic development and to stimulate business and commercial activity in the municipality; and WHEREAS, the Schertz Main Street Local Flavor Economic Development Program is intended to encourage and expansion and attract small businesses that create local charm and help develop a sense of place in and around Main Street, promote commercial development, stabilize and improve property values, foster civic pride, and protect and enhance the attractiveness of the Main Street area to residents and visitors; and WHEREAS, funding for the Schertz Main Street Local Flavor Economic Development Program will be provided annually through the City's General Fund; and WHEREAS, the Schertz Main Street Local Flavor Economic Development Program will enhance other city efforts to improve, beautify, and promote economic development in the Main Street area. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the Schertz Main Street Local Flavor Economic Development Program in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this l lth day of December, 2018. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor Brenda Dennis, City Secretary EXHIBIT A SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOPMENT PROGRAM Schertz Main Street Local Flavor Economic Development Program Section 1.1 Purpose The City of Schertz finds that promotion and enhancement of commercial activity along Main Street is necessary to promote the economic, cultural, and general welfare of the public. The area around Main Street in Schertz once served as the commercial and social hub of the community. The City seeks to improve the image of the area around Main Street through an inducement of public money to promote local economic development and to stimulate business and commercial activities in the City. The program is intended to: a) Encourage the attraction of small businesses that will create local charm and help develop a sense of place in and around Main Street; b) Promote commercial development; C) Stabilize and improve property values; d) Foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents, and: e) Strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. In order to facilitate the promotion and enhancement of commercial activity, the City of Schertz is offering grants that will serve to help new and existing businesses and properties within this area. Section 1.3 Eligibility Criteria All of the following eligibility criteria must be met: a) The business and property must be located along Main Street between Schertz Parkway and Aviation Boulevard. b) All taxes and government fees must be current on the property. C) The business and property owner has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in the City of Schertz and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. MIUNM= Funding for this program is provided annually through the City of Schertz General Fund in accordance with Chapter 380.001 of the Texas Local Government Code. The amount of money allocated each year shall be at the discretion of the City Council. Funds are made available on a first-come-first-serve basis. Grants will not be provided for work already completed or which has begun prior to the approval of the grant application. Funds are provided on a 50150 matching basis, in-kind contributions may be counted toward the matching requirement. No more than one of the four grant types may be received per property per year. All improvements must conform to City regulations and building codes and receive advance approval by the City Council. All grants are paid out upon completion of the project. a) Signage Improvement Grant — grants are available for both new signs and the renovation of existing signs. Signage Improvement Grant recipients may receive up to $5,000 per property. b) Facade Improvement Grant — grants are available for facade improvements that help improve the curb appeal of the property. Qualifying facade improvements include: painting, roof, windows, foundation, facade restoration including replacing windows, wall repairs, brick re-pointing, replacing and exposing transom windows; and improvements necessary to stabilize a structure. Facade Improvement Grants recipients may receive up to $20,000 per property. C) Site Improvement Grant — grants are available for site improvements that help add visual appeal and functional use of the property. Qualifying site improvements include: landscaping, exterior lighting, sidewalks and driveway improvements, parking lot improvements, and outdoor seating areas. Site Improvement Grant recipients may receive up to $20,000 per property. d) Capital Equipment Grant — grants are available for capital equipment. Qualifying capital equipment are durable items used to produce a good or service and has a life expectancy of more than five years. Capital Equipment Grant recipients may receive up to $2,500 per property. Section 1.5 Grant Application Procedures At the start of the fiscal year, the city will promote the amount of funding available. Applications will be received throughout the fiscal year, subject to the availability of funds. a) Property owner submit an application along with any required supporting documentation (i.e. drawings, total project cost estimate, photographs, contactor bids, tax certificates, etc.). Applications will be reviewed by the City Manager's Office for completeness. b) After submittal of a grant request, a preliminary site visit will be made by a representative of the City Manager's Office. C) City Council will decide which entities qualify for assistance based on the perceived value of their proposed projects to the City of Schertz, the compatibility of the proposed projects with the Main Street Area, and the cost effectiveness of the proposed project in relation to the proposed amount of the grant. d) The property owner and City will execute a Grant Agreement detailing the obligations of the grantee, the method and timing of reimbursement, and outlining the scope of work eligible for reimbursement. e) Work must be completed within one year from the date of execution of the Grant Agreement, however; the City Manager may grant an extension of up to one year. Informational only 8A CplV11• oUluffisIEd1DIU to] 71►`1 RodI City Council Meeting: December 11, 2018 Department: Parks and Recreation Subject: Senior Center Operations Background At the direction of City Council, Acting City Manager Brian James approached Cibolo City Manager Robert Herrera seeking financial assistance from the City of Cibolo for the operations of the Schertz Area Senior Center in the amount of $50,000 annually as City of Cibolo residents make up approximately 20% of the membership. The City of Cibolo requested a presentation on the operations of the Senior Center. Kathy Flocke with the YMCA who is the Senior Center Manager and Lauren Shrum, Director of Parks and Recreation are making a presentation to Cibolo City Council on December 11. Attached is their presentation. E 0 vmiT I we 11 Wra M TOT& 4 G"s ra 4160,1111) established 4 Senior Center 4 t Programs managed and operated by the YMCA facility through a public license Congregate Meal Program funded by the City of Schertz Since Anyone ages 50 & up residing community i 1i �sY r y in the surrounding , membership has increased 399 members to 1,204 members Since r attendance was 1f820 members for the month. r monthly attendance is at 2f740 20.85% members are residents of the City of Cibolo 0 rs Schertz Cibolo Selma Other Cities 0 1 % 2' /z 5 7'/2 10 12'/2 Miles p SY iviz000 W7.`f�. As of November 2015f 104 activities were offered per month (22 per week). Currently, we offer 348 activities per month (60 per week). The #1 reason Seniors join the facility is due to isolation and inactivity. The Schertz Area Senior Center has over 80 members that volunteer as congregate meal servers, front desk greeters,, instructing mentors,, choir singers and committee members that total 14,340 hours over the past 12 months (1,,195 hours monthly average). u,zr The year 2030 marks an important demographic turning of in U.S. history. By 2030, all baby boomers will be older than age 65. This ill expand the size of the I r population so that 1 in r resident ill be retirement L 3 Free lunch is provided to all Seniors age 50+ io Average is approximately 100 meals per day (4 $124,000 per year no 4, Not every member participates in meal program tv Snapshot in time of meal participation: February 2018 19% of meal participants were Cibolo resIdents Congregate Meal Participants 1% * Schertz mr, Cibolo m Universal City w Marion San Antonio * New Braunfels z Converse w Live Oak z Garden Ridge B TEEWO *,, Contact Information: Lauren Shrum, City of Schertz, Director of Parks, Recreation, & Community Services, I s h r u et6 Contact Information: Cathy Flocke, Schertz Family YMCA, Senior Center Director, c,' '- Informational Item 8B 0111 &WOL11"LlusI ady 1 DIU [o7 710 Rod City Council Meeting: December 11, 2018 Department: Economic Development Subject: Small Business Grant — Performance Agreement between the City of Schertz Economic Development Corporation and Millennium Packaging LP BACKGROUND On May 2, 2017 the City Council authorized the Schertz Incentive Policy ( "Policy "). Included in the Policy is the Small Business Grant program ( "SBG "). Through the SBG, the City of Schertz Economic Development Corporation ( "SEDC ") seeks to attract businesses with fewer than 50 full -time jobs or annual sales less than $10 million. The SBG is used to entice small businesses that create primary jobs to establish or expand operations in Schertz. The SEDC Board of Directors has further directed that SBGs should be limited to no more than $50,000 per company. Unlike other SEDC grant types, funds for SBGs have already been authorized by City Council and do not require additional City Council approval. This streamlined approval process is provided as an added benefit to small businesses to be able to more quickly make business decisions. ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT The SEDC met on December 6, 2018 . where they approved the SEDC Resolution 201.8 -03, authorizing an Economic Development Performance Agreement ( "Agreement ") with Millennium Packaging LP (Millennium), a distributor of consumer goods and supplies that services the Texas market. Under the Agreement, the company plans to consolidate multiple Texas locations in to a single 71,000 square foot facility located at 1.7745 Lookout Road. Through 2022, Millennium will create at least 33 full -time jobs with an annual payroll of at least $2,070,000. Additionally, the company must maintain $2,500,000 in taxable personal property throughout the term of the agreement. In consideration, the SEDC will receive a SBG worth $50,000. Included in the Agreement, is a clawback provision that requires Millennium to repay the SEDC if the jobs, annual payroll or minimum taxable values are not met. Lastly, the company must sign their lease for the building within 30 days or the agreement is automatically terminated. FISCAL IMPACT The SEDC 2018 -19 budget includes $250,000 for SBGs. The Economic Development Performance Grant will be paid from that fund resulting in a new fund balance of $200,000. The SBG will be paid through SEDC funds, no city - general funds will be used for the project. 1 "U1.11 IN 12 IN KJOLIJOA 1 The SEDC Board of Directors met on December 6, 2018 at a special called board meeting to consider, discuss and act on the project. A public hearing was held for the project, no public was present. A motion was made by Mr. Richard, second by Mr. Tew to approve the SEDC Resolution 2018 -3 and increase the SBG from $40,000 to $50,000. The motion passed unanimously. ATTACHMENT(S) SEDC Resolution 2018 -3 SEDC RESOLUTION NUMBER 2018 -3 A RESOLUTION BY THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, TEXAS AUTHORIZING A PERFORMANCE AGREEMENT BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION AND MILLENNIUM PACKAGING, LP; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz Economic Development Corporation ( "SEDC ") is a non- profit industrial development corporation duly established under the Development Corporation Act of 1979, as amended (Section 501.001 et seq. Texas Local Government Code, formerly the Development Corporation Act of 1979) (the "Act "); WHEREAS, all of the powers of the corporation are vested in the SEDC Board of Directors (the "Board ") appointed by the governing body of the corporation's authorizing unity; and WHEREAS, the Act authorizes a development corporation to fund certain projects as defined by the Act and request development corporations to enter into performance agreements to establish and provide for the direct incentive or make an expenditure on behalf of a business; and WHEREAS, Section 501.101 of the Act authorizes expenditures- for land, buildings, equipment, facilities, expenditures, targeted infrastructure and improvements that are for the creation or retention of primary jobs and found by the board of directors to be required or suitable for the development, retention, or expansion of manufacturing and industrial facilities; and WHEREAS, Section 501.158 of the Act requires an incentive agreement to provide at a minimum for a schedule of additional payroll or jobs to be created or retained and capital investment to be made as consideration for any direct incentives provided or expenditures made by the corporation under the agreement and to specify the terms under which repayment must be made if the business enterprise does not meet the performance requirements specified in the agreement; and WHEREAS, in accordance with Section 501.073 of the Act, the City Council authorized the Schertz Incentive policy on May 2, 2017 establishing a Small Business Program and on September 1 1, 2018 the City Council approved the SEDC Budget authorizing funds for the Small Business Program; and WHEREAS, Section 501.159 of the Act requires that a corporation hold at least one public hearing on the proposed project before spending money to undertake the project, the public hearing was held on December 6; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF SCHERTZ ECONOMIC DEVELOMENT CORPORATION THAT: Section 1. The Board, hereby authorizes the SEDC Board President to execute and deliver the Performance Agreement with Millennium Packaging, LP in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Board. 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 board 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 y :. , 2018. to ATTEST: Li Sammi Morrill, SEDC Board Secretary Exhibit A ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT MILLENNIUM PACKAGING, LP ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT MILLENNIUM PACKAGING LP This Performance Agreement ( "Agreement ") is entered into to be effective as of the Effective Date (as defined in Article III below), by and between the City of Schertz Economic Development Corporation, located in Guadalupe County, Texas (hereinafter called "Corporation "), a Texas non - profit industrial development corporation under the Development Corporation Act and governed by TEX. Loc. Gov. CODE chapters 501, 502 and 505 and the Texas Non - Profit Corporation Act and Millennium Packaging, LP, a Texas limited partnership (hereinafter called "Company "), otherwise known as the "Parties" to this Agreement. RECITALS WHEREAS, the Development Corporation Act of 1979, as amended (Section 501.001 et seq, Texas Local Government Code, formerly the Development Corporation Act of 1979) (the "Act ") authorizes a development corporation to fund certain projects as defined by the Act and requires development corporations to enter into performance agreements to establish and provide for the direct incentive or make an expenditure on behalf of a business enterprise under a project; and WHEREAS, Section 501.158 of the Act requires a performance agreement to provide at a minimum for a schedule of additional payroll or jobs to be created or retained and capital investment to be made as consideration for any direct incentives provided or expenditures made by the corporation under the agreement and to specify the terms under which repayment must be made if the business enterprise does not meet the performance requirements specified in the agreement; and WHEREAS, the Corporation adopted the Schertz Incentive Policy in May 2017 to guide and ensure consistency when providing incentives within the City to promote economic development; and WHEREAS, The Company desires to relocate and expand its Corporate Headquarters and warehousing and distribution operations to the Facility located in Schertz, Texas; and WHEREAS, the location of the Company, as proposed, will contribute to the economic development of the City of Schertz by creating new jobs and increased employment, promoting and developing expanded business enterprises, increased development, and increased tax revenue for the City of Schertz, and will have both a direct and indirect positive overall improvement /stimulus in the local and state economy; and WHEREAS, the Corporation desires to offer an incentive to the Company to enable the Company to relocate and expand its operations pursuant to this Agreement in substantial conformity with the Schertz Incentive Policy and the Act; and WHEREAS, the Parties are executing and entering into this Agreement to set forth certain terms and obligations of the Parties with respect to such matters; and WHEREAS, the Parties recognize that all agreements of the Parties hereto and all terms and provisions hereof are subject to the laws of the State of Texas and all rules, regulations and interpretations of any agency or subdivision thereof at any time governing the subject matters hereof; and WHEREAS, the Parties agree that all conditions precedent for this Agreement to become a binding agreement have occurred and been complied with, including all requirements pursuant to the Texas Open Meetings Act and all public notices and hearings; if any, have been conducted in accordance with Texas law; and WHEREAS, on the Effective Date, the commitments contained in this Agreement shall become legally binding obligations of the Parties. NOW, THEREFORE, in consideration of the mutual covenants, benefits and agreements described and contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and further described herein, the Parties agree as follows: ARTICLE I RECITALS 1. Recitals. The recitals set forth above are declared true and correct by the Parties and are hereby incorporated as part of this Agreement. ARTICLE II AUTHORITY AND TERM 1. Authori . The Corporation's execution of this Agreement is authorized by the Act and constitutes a valid and binding obligation of the Corporation. The Corporation acknowledges that the Company is acting in reliance upon the Corporation's performance of its obligations under this Agreement in making the decision to commit substantial resources and money to the establishment of the Project, hereinafter established. 2. Term. This Agreement shall become enforceable upon the Effective Date, hereinafter established, and shall continue until the Expiration Date, hereinafter established, unless terminated sooner or extended by mutual agreement of the Parties in the manner provided for herein. 3. Purpose. The purpose of this Agreement is to formalize the agreements between the Company and the Corporation for the granting of funds to cover certain costs associated with the Project and specifically state the covenants, representations of the Parties, and the incentives associated with the Company's commitment to abide by the provisions of the Act and to abide by the terms of this Agreement which has been approved by the Corporation and the Company as complying with the specific requirements of the Act. It is expressly agreed that this Agreement constitutes a single transaction. A failure to perform any obligation by the Company may N constitute a breach of the entire Agreement and terminate any further commitments (if any) by the Corporation unless an alternative penalty or remedy is provided for herein. 4. Administration of Agreement. Upon the Effective Date, the Corporation delegates the administration and oversight of this Agreement to the Executive Director of the Corporation. Any proposed amendments to the Agreement shall require the approval of the Board of Directors of the Corporation. ARTICLE III DEFINITIONS As used in this Agreement, the following terms shall have the meanings ascribed below. All undefined terms shall retain their usual and customary meaning as ascribed by common and ordinary usage. "Annual Payroll" shall mean the total wages paid, exclusive of employee benefits, to Full - Time Employees at the Facility. "Bankruptcy" shall mean the dissolution or termination of a Party's existence as a going business, insolvency, appointment of receiver for any party of such Party's property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such party and such proceeding is not dismissed within ninety (90) days after the filing thereof. "Calendar Year" shall mean January 1 through December 31. "Certificate of Occupancy" shall mean the signed certificate issued by the City of Schertz Inspections Division granting the Company the right to occupy the Facility and confirming that the entire work covered by the permit and plans are in place. "Corporate Headquarters" means buildings proposed for construction or occupancy as the principal office, for a business enterprises administrative and management services. "Default" unless otherwise specifically defined or limited by this Agreement shall mean failure by any Party to timely and substantially comply with any performance requirement, duty, or covenant. "Effective Date" shall be the date of the last signing by a party to the agreement. "Expiration Date" shall mean the earlier of: 1. December 31, 2022; or 2. The date of termination, provided for under Article VII of this Agreement. 3 "Facility" shall mean the approximate 71,000 square foot facility located at 17745 Lookout Road, Schertz, Texas 78154 where the Company's Corporate Headquarters, warehousing, and distribution operations shall occur. "Force Maj eure" shall mean any contingency or cause beyond the reasonable control of a party, including, without limitation, acts of God or the public enemy, war riot, civil commotion, insurrection, government or de facto governmental action (unless caused by the intentionally wrongful acts or omissions of a party), fires, explosions or floods, strikes, slowdowns or work stoppages. "Full -Time Employee" shall mean: (1) an employee with a regular work schedule of at least 36 hours per week as reported on the Texas Employers Quarterly Wage Report from the Texas Workforce Commission and (2) are entitled to at least the customary employer - sponsored employee benefits package afforded by the Company to its similarly situated employees at other locations. "Small Business Grant" shall mean the one -time cash payment from Corporation to the Company. "Project" shall mean the relocation and expansion of the Company's Corporate Headquarters and warehousing, and distribution operations to the Facility. "State of Texas" shall mean the Office of the Texas Comptroller, or its successor. "Tangible Personal Property" shall mean tangible personal property, equipment, machinery, fixtures and inventory owned or leased by the Company that is added to the Project subsequent to the execution of this Agreement and is accounted on the tax rolls by the Comal County Appraisal District. ARTICLE IV CORPORATION OBLIGATION 1. Small Business Grant. Subject to the satisfaction of all the terms and conditions of this Agreement and the obligation of the Company to repay the Small Business Grant pursuant to Article VIII hereof, the Corporation agrees to provide the Company with a Small Business Grant in the amount of FORTY FIFTY THOUSAND DOLLARS and NO /100 DOLLARS ($4050,000.00). 2. Current Revenue. The funds distributed hereunder shall be paid solely from lawfully available funds of the Corporation. Under no circumstances shall the obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision. None of the obligations under this Agreement shall be pledged or otherwise encumbered in favor of any commercial lender and/or similar financial institution. 0 4. Confidentiality. The Corporation agrees to keep all information and documentation received pursuant to this Agreement confidential to the extent allowed under the Texas Public Information Act (TPIA). In the event a request is made for such information, Corporation will notify the Company and follow the process stated in the TPIA for determining what information must be released and what information should be withheld until seeking a ruling from the Attorney General of Texas. ARTICLE V PERFORMANCE OBLIGATIONS OF THE COMPANY The obligation of the Corporation to pay funds in the form of a Small Business Grant shall be conditioned upon the Company's continued compliance with and satisfaction of each of the performance obligations set forth in this Agreement. 1. Commencing Operations. The Company must obtain a Certificate of Occupancy, for its Corporate Headquarters and warehousing, and distribution operations at the Facility on or before September 30, 2019 and maintain said operations throughout the term of this Agreement. 2. Execution of Lease. Company must execute a lease (the "Lease ") for the Facility within thirty (30) days after the Effective Date. The Company shall provide the Corporation with documentation of the fully executed Lease (signed by both Company and the Landlord) as proof of the satisfaction of this condition. In the event that Company fails to deliver the fully executed Lease within 30 days of the Effective Date such failure shall not be deemed a Default, but this Agreement shall automatically terminate and be of no further effect unless the Parties agree in writing to extend the time period for delivery of the fully executed Lease to the Corporation. 3. Annual Investment. Throughout the term of the Agreement, the Company must create and maintain the following minimum Job Creation, Annual Payroll, and Taxable Tangible Personal Property values according to the following schedule: Time Period Minimum Investment Value Full -Time Employees Annual Payroll Tangible Personal Property Year 0 — 2019 26 0 0 Year 1 — 2020 28 $1,62000 $2,50000 Year 2 — 2021 31 $1,890,000 $2,5005000 Year 3 — 2022 33 $2,07000 $2,5005000 1. Annual Report. The Company shall submit an Annual Certification Report (an "Annual Report ") for the preceding Calendar Year to the Executive Director of the Corporation each year not later than February 15th. The Annual Report should substantially conform to the Annual Report Form attached as Exhibit A to this Agreement. The first Annual Report will be due February 15th, 2020. 5 2. Payment of Legal Fees. The Company commits to reimburse the Corporation for the necessary legal fees in the preparation of any amendment to this Agreement requested by the Company. Timely payment shall be made within 60 days of submittal of invoice to the Company by the Corporation or its assigns. Each Party shall bear its own legal fees in connection with the negotiation of this Agreement. 3. Extension beyond Term. In recognition of the fact that the verification of the Company's compliance hereunder is, by necessity, verified in the calendar year following the Company's obligations herein, the Expiration Date of this Agreement will be extended until any and all verification of performance obligations and covenants have been satisfied. The Parties hereto agree that the Corporation's right to the Recapture Amount shall survive the Expiration Date of this Agreement. ARTICLE VI COVENANTS AND DUTIES 1. The Company's Covenants and Duties. The Company makes the following covenants and warranties to the Corporation, and agrees to timely and fully perform the obligations and duties contained in Article V of this Agreement. Any false or substantially misleading statements contained herein or failure to timely and fully perform those obligations and duties within this Agreement shall be an act of Default by the Company. (a) The Company is authorized to do business and is in good standing in the State of Texas and shall remain in good standing in the State of Texas and the United States of America during any term of this Agreement. (b) The execution of this Agreement has been duly authorized by the Company's authorized agent, and the individual signing this Agreement is empowered to execute such Agreement and bind the entity. Said authorization, signing, and binding effect is not in contravention of any law, rule, regulation, or of the provisions of the Company's by -laws, or of any agreement or instrument to which the Company is a party to or by which it may be bound. (c) The Company is not a party to any Bankruptcy proceedings currently pending or contemplated, and the Company has not been informed of any potential involuntary Bankruptcy proceedings. (d) To its current, actual knowledge, and subject to the Certificate of Occupancy (or other approvals and permits to be obtained under subpart (f) immediately below), The Company has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in the City of Schertz and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. Z (e) The Company agrees to obtain or cause to be obtained, all necessary permits and approvals from City of Schertz and /or all other governmental agencies having jurisdiction over the construction of any improvements to the Facility. (f) The Company shall be responsible for paying, or causing to be paid, to City of Schertz and all other governmental agencies the cost of all applicable permit fees and licenses required for construction of the Project. The Company agrees to develop the Project in accordance with the ordinances, rules, and regulations of the City of Schertz in effect on the date the Project was designated, unless specified otherwise in this Agreement. The Company, in its sole discretion, may choose to comply with any or all City of Schertz rules promulgated after the Effective Date of this Agreement. (g) The Company agrees to commence and complete the Project in strict accordance with the Agreement. (h) The Company shall cooperate with the Corporation in providing all necessary information to assist them in complying with this Agreement. (i) During the term of this Agreement, The Company agrees to not knowingly employ any undocumented workers as part of the Project, and, if convicted of a violation under 8 U.S.C. Section 1324a(1), the Company shall be in Default (subject to the remedies in Article V above). The Company is not liable for an unknown violation of this Section by a subsidiary, affiliate, or franchisee of the Company or by a person with whom the Company contracts provided however that identical federal law requirements provided for herein shall be included as part of any agreement or contract which The Company enters into with any subsidiary, assignee, affiliate, or franchisee for which the Small Business Grant provided herein will be used. 0) The Company shall be not be in arrears and shall be current in the payment of all City taxes and fees. (k) Corporation has the right to periodically (and with reasonable advance notice) verify the terms and conditions of this Agreement including, but not limited to, the number of persons employed by the Company as a result of the assistance provided hereunder, the addresses of those persons, the number of hours each employee worked during the previous 12 months, the total expenses attributable to training and employing those employees, and the cumulative payroll for the Company's Schertz operation. (1) The Company shall, upon written request from Corporation, provide to Corporation a copy of the Texas Workforce Commission Texas Employers Quarterly Wage Report for the requested quarter. 2. Comoration's Covenants and Duties. 7 (a) Small Business Grant Pay ent. The Corporation is obligated to pay the Company a one -time Small Business Grant in the amount of FOR-TY FIFTY THOUSAND ($4050,000.00). The Small Business Grant shall be paid in accordance with Article IV, Section 1 within forty -five (45) days after receiving written notice from the Company that the Certificate of Occupancy has been received and operations have commenced at the Facility. (b) The Corporation represents and warrants to the Company that this Agreement is within their authority, and that they are duly authorized and empowered to enter into this Agreement, unless otherwise ordered by a court of competent jurisdiction. (c) The Corporation shall cooperate with the Company in providing all necessary information and documentation to assist them in complying with this Agreement. 3. Compliance and Default. Failure by the Company to timely comply with any performance requirement, duty, or covenant shall be considered an act of Default and shall give the Corporation the right to terminate this Agreement and collect the Recapture Amount, as determined by the Board of Directors of the Corporation. ARTICLE VII Termination. This Agreement shall terminate upon the earliest occurrence of any one or more of the following: (a) The written agreement of the Parties, or their affiliates, successors or assigns; (b) The Agreement's Expiration Date; or (c) Default by the Company (at the option of the Corporation). ARTICLE VIII DEFAULT 1. The Company Events of Default. The following shall be considered an Event of Default by the Company: (a) Failure of the Company to perform any term, covenant or agreement contained in this Agreement; (b) The Corporation determines that any representation or warranty contained herein or in any financial statement, certificate, report or opinion submitted to Corporation in connection with or pursuant to the requirements of this Agreement was incorrect or misleading in any material respect when made; �t (c) Any judgment is assessed against the Company or any attachment or other levy against the property of the Company with respect to a claim remains unpaid, unstayed on appeal, undischarged, not bonded or not dismissed for a period of ninety (90) days; (d) The Company makes an assignment for the benefit of creditors; admits in writing its inability to pay its debts generally as they become due; files a petition in bankruptcy; is adjudicated insolvent or bankrupt; petitions or applies to any tribunal for any receiver or any trustee of the Company or any substantial part of its property, commences any action relating to the Company under any reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction whether now or hereafter in effect; or if there is commenced against the Company any such action and such action remains undismissed or unanswered for a period of ninety (90) days from such filing, or the Company by any act indicates its consent to or approval of any trustee of the Company or any substantial part of its property; or suffers any such receivership or trustee to and such appointment remains unvacated for a period of ninety (90) days; (e) The Company substantially changes its present ownership without written notification to the Corporation within thirty (30) days of such change; or (f) The Company changes the general character of business as conducted at the date hereof, or engages in any type of business not reasonably related to its business as presently and normally conducted. 2. Corporation Events of Default. Corporation materially fails to fulfill an obligation set forth within the terms and conditions of the Agreement. 3. Remedies for Default (a) The Company's sole remedy under this Agreement is specific performance for Corporation's Default of its obligation under Section IV of this Agreement. (b) In the event of Default by the Company the Corporation shall, as its sole and exclusive remedy for Default hereunder, have the right to terminate this Agreement and to recapture one hundred percent (100 %) of the Small Business Grant plus two percent (2.00 %) annual interest if the Default occurs on or prior to December 31, 2020 and fifty percent (50 %) of the Small Business Grant plus two percent (2.00 %) annual interest if the Default occurs after January 1, 2021 or prior to December 31, 2022 (the "Recapture Amount "). The Recaptured Amount shall be paid by the Company within one hundred twenty (120) days after the date the Company is notified by the Corporation of such Default (the "Payment Date "). In the event the Recaptured Amount is not repaid by the applicable Payment Date, the unpaid portion thereof shall accrue interest at the rate of five percent (5.00 %) per annum from the Effective Date until paid in full. 4. Limitation on Use of Funds in the Event of Default. Under no circumstances will the funds received under this Agreement be used, either directly or indirectly, to pay costs or X attorney fees incurred in any adversarial proceeding regarding this Agreement against the City of Schertz or the Corporation. ARTICLE IX MISCELLANEOUS 1. Binding Agreement. The terms and conditions of this Agreement shall be binding on and inure to the benefit of the Parties, and their respective successors and assigns. The Executive Director of the Corporation shall be responsible for the administration of this Agreement and shall have the authority to execute any instruments, duly approved by the Corporation, on behalf of the Parties related thereto. Notwithstanding any other provision of this Agreement to the contrary, performance of either Party under this Agreement is specifically contingent on the Company obtaining a Certificate of Occupancy from the City of Schertz at the Facility under the terms of this Agreement. 2. Mutual Assistance. The Parties will do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out such terms and provisions. 3. Representations and Warranties. The Corporation represents and warrants to the Company that this Agreement is within their authority, and that they are duly authorized and empowered to enter into this Agreement, unless otherwise ordered by a court of competent jurisdiction. The Company represents and warrants to the Corporation that it has the requisite authority to enter into this Agreement. 4. Assignment. The Company shall have the right to assign all of its rights, duties, and obligations under this Agreement to a duly qualified third party with prior written approval of the Corporation. Any assignment provided for herein shall not serve to enlarge or diminish the obligations and requirements of this Agreement, nor shall they relieve the Company of any liability to the Corporation including any required indemnity in the event that any Assignee hereof shall at any time be in Default of the terms of this Agreement. The Corporation may demand and receive adequate assurance of performance including the deposit or provision of financial security by any proposed Assignee prior to its approval of an assignment. 5. Independent Contractors (a) It is expressly understood and agreed by all Parties hereto that in performing their services hereunder, the Company at no time will be acting as an agent of the Corporation and that all consultants or contractors engaged by the Company respectively will be independent contractors of the Company; and nothing contained in this Agreement is intended by the Parties to create a partnership or joint venture between the Parties and any implication to the contrary is hereby expressly disavowed the Parties hereto understand and agree that the Corporation will not be liable for any claims that may be asserted by any third party occurring in connection with 10 services performed by the Company respectively under this Agreement, unless any such claims are due to the fault of the Corporation. (b) By entering into this Agreement, except as specifically set forth herein, the Parties do not waive, and shall not be deemed to have waived, any rights, immunities, or defenses either may have, including the defense of parties, and nothing contained herein shall ever be construed as a waiver of sovereign or official immunity by the Corporation with such rights being expressly reserved to the fullest extent authorized by law and to the same extent which existed prior to the execution hereof. (c) No employee of the Corporation, or any board member, or agent of the Corporation, shall be personally responsible for any liability arising under or growing out of this Agreement. 6. Notice. Any notice required or permitted to be delivered hereunder shall be deemed delivered by actual delivery, or on the first business day after depositing the same in the hands of a reputable overnight courier (such as United States Postal Service, FedEx or UPS) and addressed to the Party at the address set forth below: If intended for SEDC: City of Schertz Economic Development Corporation Attention: Exec. Dir. of Economic Development 1400 Schertz Parkway Schertz, TX 78154 With a copy to: Denton, Navarro, Rocha, & Bernal, & Zech PC Attention: Charles E. Zech 2517 North Main Avenue San Antonio, TX 78212 If to the Company: Millennium Packaging, LP Attention: Robert Knoll, CEO 17745 Lookout Road Schertz, Texas 78154 Any Party may designate a different address at any time upon written notice to the other Parties. 7. Governmental Records. All invoices, records and other documents required for submission to the City pursuant to the terms of this Agreement are Governmental Records for the purposes of Texas Penal Code Section 37.10 8. Governing Law. The Agreement shall be governed by the laws of the State of Texas, and the venue for any action concerning this Agreement shall be in the Courts of Guadalupe County. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 11 9. Amendment. This Agreement may be amended by mutual written agreement of the Parties, as approved by the Board of Directors of the Corporation. 10. Legal Construction. In the event any one or more of the provisions contained in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions of this Agreement, and it is the intention of the Parties to this Agreement that, in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid, or unenforceable. 11. Interpretation. Each of the Parties has been represented by counsel of their choosing in the negotiation and preparation of this Agreement. Regardless of which Party prepared the initial draft of this Agreement, this Agreement shall, in the event of any dispute, whatever its meaning or application, be interpreted fairly and reasonably and neither more strongly for or against any Party. 12. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written agreement between the Parties that, in any manner, relates to the subject matter of this Agreement, except as provided for in any Exhibits attached hereto or duly approved amendments to this Agreement, as approved by the Board of Directors of the Corporation. 13. Paragraph Headings. The paragraph headings contained in this Agreement are for convenience only and will in no way enlarge or limit the scope or meaning of the various and several paragraphs. 14. Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 15. Exhibits. Any Exhibits attached hereto are incorporated by reference for all purposes. 16. Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 17. Indemnification. THE COMPANY AGREES TO DEFEND, INDEMNIFY AND HOLD THE CORPORATION AND THE CITY OF SCHERTZ, AND THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL REASONABLE LIABILITIES, DAMAGES, CLAIMS, LAWSUITS, JUSTMENTS, ATTORNEY FEES, COSTS, EXPENSES AND ANY CAUSE OF ACTION THAT DIRECTLY RELATES TO ANY OF THE 12 FOLLOWING: ANY CLAIMS OR DEMANDS BY THE STATE OF TEXAS THAT THE CORPORATION HAS BEEN ERRONEOUSLY OR OVER -PAID SALES AND USE TAX FOR ANY PERIOD DURING THE TERM OF THIS AGREEMENT AS A RESULT OF THE FAILURE OF THE COMPANY TO MAINTAIN A PLACE OF BUSINESS AT THE PROPERTY OR IN THE CITY OF SCHERTZ, OR AS A RESULT OF ANY ACT OR OMISSION OR BREACH OR NON - PERFORMANCE BY THE COMPANY UNDER THIS AGREEMENT EXCEPT THAT THE IMDEMNITY PROVIDED HEREIN SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE ACTION OR OMISSIONS OF THE CORPORATION OR THE CITY OF SCHERTZ. THE PROVISIONS OF THIS SECTION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT BEING THE INTENTION OF THE PARTIES THAT THE COMPANY SHALL BE RESPONSIBLE FOR THE REPAYMENT OF ANY FUNDS PAID TO THE COMPANY HEREIN THAT INCLUDES CITY SALES TAX RECEIPTS THAT THE STATE OF TEXAS HAS DETERMINED WAS ERRONEOUSLY PAID, DISTRIBUTED OR ALLOCATED TO THE CORPORATION. 18. Additional Instruments. The Parties agree and covenant to cooperate, negotiate in good faith, and to execute such other and further instruments and documents as may be reasonably required to fulfill the public purposes provided for and included within this Agreement. 19. Force Majeure. Whenever a period of time is herein prescribed for action to be taken by the Company, the Company shall not be liable or responsible for, and there shall be excluded from the computation of any such period of time, any delays due to causes of any kind whatsoever which are caused by Force Majeure. 20. Time Periods. Unless otherwise expressly provided herein, all periods for delivery or review and the like will be determined on a "calendar" day basis. If any date for performance, approval, delivery or Closing falls on a Saturday, Sunday or legal holiday (state or federal) in the State of Texas, the time therefor will be extended to the next day which is not a Saturday, Sunday or legal holiday. [SIGNATURE PAGE IMMEDIATELY FOLLOWING] 13 Executed on this day of , 20_ COMPANY Millennium Packaging, LP By: Name: Robert Knoll Title: Chief Executive Officer STATE OF TEXAS X COUNTY OF X This information was acknowledged before me on this day of , by for Millennium Packaging, LP., a Texas corporation, on behalf of said agency. Notary Public, State of Texas Notary's typed or printed name My commission expires 14 Executed on this day of , 20_ CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION By: Name: Paul Macaluso Title: President STATE OF TEXAS X COUNTY OF GUADALUPE X This information was acknowledged before me on this day of , by for the City of Schertz Economic Development Corporation, a Texas non - profit industrial development corporation, on behalf of said agency. APPROVED AS TO FORM: 0 SEDC Attorney 15 Notary Public, State of Texas Notary's typed or printed name My commission expires Exhibit A SAMPLE ANNUAL CERTIFICATION REPORT FORM [SEE ATTACHED] 16 Annual Certification Report Reporting Period: January 1 to December 31, 20 The Annual Certification Report for the Economic Development Performance Agreement between the City of Schertz Economic Development Corporation and Millennium Packaging LP, is due on February 15, 20 . Please sign and return the Annual Certification Report form with accompanying narrative. Project Information: The Company's legal name: Project address subject to incentive: The Company's primary contact: Phone number: E -mail address: Employment and Wage Information: Has the Company employed undocumented workers? ❑ Yes ❑ No Title: What is the total number of Full -Time Employees located at the Schertz facility during the calendar year? What is the total Annual Payroll for the Schertz facility during the calendar year? Investment Information: What is the taxable ad valorem value for Tangible Personal Property for the reporting period? Narrative: Please attach a brief narrative explaining the current year's activities and /or comments relating to any potential defaults. Employment: Total Full -Time employees: Total annual payroll: Number of Full -Time Employees added in past year: Number of employees that live in Schertz, Texas: Interested in being contacted about workforce training opportunities? ❑ Yes ❑ No Interested in being contacted for assistance with City permits? ❑ Yes ❑ No 17 I certify that, to the best of my knowledge and belief, the information and attachments provided herein are true and accurate and in compliance with the terms of Economic Development Performance Agreement. I further certify that the representations and warranties contained within the Agreement remain true and correct as of the date of this Certification, and Millennium Packaging LP remakes those representations and warranties as of the date hereof. I further certify that the employment and wage information provided is true and accurate to the best of my knowledge and can provide documentation from the Texas Workforce Commission to support my claim if so requested. understand that this Certificate is being relied upon by the SEDC in connection with the expenditure of public funds. have the legal and express authority to sign this Certificate on behalf of Millennium Packaging LP. Name of Certifying Officer Phone Number Certifying Officer's Title E -Mail Address Signature of Certifying Officer Date STATE OF TEXAS X COUNTY OF X This information was acknowledged before me on this day of , by for Millennium Packaging LP, a Texas limited partnership, on behalf of said agency. Notary Public, State of Texas Notary's typed or printed name My commission expires The Annual Certification Report is to be completed, signed and returned on or before February 15, 20_. Please send an original to the following address: Attention: Executive Director City of Schertz Economic Development Corporation 1400 Schertz Parkway, Bldg. No. 2 Schertz, TX 78154 18