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03-10-2020 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL March 10, 2020 SCHERTZ, TEXAS 78154 CITY OF SCHERTZ CORE VALUES Do the right thing Do the best you can Treat others the way you want to be treated Work cooperatively as a team Call to Order Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Heyward) Presentations Guadalupe Regional Medical Center - Prescription Assistance report. (Mayor/Council/J. Riggs) Employee Recognition • EMS - Ashley Cammack and Amber Ross - P/T Paramedic (B. Hill) • Fleet Services - Christopher Hernandez - Fleet Manager (T. Buckingham) • Planning and Community Development - Megan Harrison - Planner I (L. Wood) • Public Works - Blake Eureste - Drainage Worker I (D. Letbetter) • Police Department - Allyson Gofron - Communications Officer (K. Harris) • Parks and Recreation - Michelle Yang - Events Specialist (M. Spence) March 10, 2020 City Council Agenda Page 1 City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm /S. Gonzalez) • Announcements and recognitions by the City Manager (M. Browne) • Announcements and recognitions by the Mayor (R. Gutierrez) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existingpolicy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Workshop 1. Roadway CIP (B. James /J. Nowak) 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. The following was read into record: 2, Minutes — Consideration and /or action regarding the approval of the minutes of the meeting of February 25, 2020. (B. Dennis) 3, Resolution No. 20 -R -24 - Consideration and /or action approving a Resolution authorizing expenditures with Ford Engineering, Inc., totaling no more than $200,000.00 for professional. Engineering - related services on the E1bel Storm Drain and Overlay Project and other minor projects during the 2019 -2020 fiscal year and other matters in connection therewith. (B. James /J. Nowak) 4. Resolution 20 -R -27 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the extension for one year of the bank depository agreement with Schertz Bank & Trust, and other matters in connection therewith. (B. James /J. Walters /B. Martin) March 10, 2020 City Council Agenda Page 2 5 Resolution No. 20 -R -28 - Consideration and /or action approving a Resolution authorizing an Interlocal Agreement Amendment between the San Antonio River Authority and the City of Schertz, Texas for Wastewater transportation treatment and disposal. (C. Kelm/S. Williams /J. Hooks) (. Resolution No. 20 -R -29 - Consideration and /or action approving a Resolution amending the Schertz /Seguin Local Government Corporation (SSLGC) Fiscal Year 2019 -2020 Annual Budget. (C. Kelm /S. Williams) ']. Resolution No. 20 -R -26 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas approving requests for Schertz Main Street Local Flavor Economic Development Grants for 403, 405, 533 and 619 Main Street. (B. James) g, Boards, Commissions and Committee Member Appointments - Consideration and /or action appointing Mrs. Beverly Clarke for the remaining term of Letticia Sever as a regular member on the Library Advisory Board and appointing Earl Platt as an alternate for Planning and Zoning Commission. (Mayor /Council /B. Dennis) Discussion and Action Items 9, Resolution No. 20 -R -25 - Consideration and /or action approving a Resolution authorizing expenditures with Kimley -Horn Associates, Inc., totaling no more than $200,000.00 for professional engineering - related services on the 2020 SPAM resurfacing project and other minor projects during the 2019 -2020 fiscal year, and other matters in connection therewith. (B. James /J. Nowak) Public Hearings 10. Ordinance No. 20 -A -07 - Conduct a public hearing, consideration and/or action for an Ordinance on a request for voluntary annexation of approximately 0.5 acres of land located at 13805 IH -10 E, Bexar County, Texas. First Reading (B. James /L. Wood/N. Koplyay) 11. Ordinance 20 -S -08 - Conduct a public hearing and consideration and/or action for an Ordinance on a request to rezone approximately 0.5 acres of land to Public Use District (PUB), located at 13805 IH -10 E, City of Schertz, Bexar County, Texas. First Reading (B. James /L. Wood/N. Koplyay) Roll Call Vote Confirmation Workshop 12. Corona Virus (COVID-19) Update (C. Kelm /J. Mabbitt) March 10, 2020 City Council Agenda Page 3 Requests and Announcements • Announcements by the 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 Information available in City Council Packets - NO DISCUSSION TO OCCUR Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 6th DAY OF MARCH 2020 AT 3:45 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. 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 , 2020. 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. March 10, 2020 City Council Agenda Page 4 COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Gutierrez Councilmember Scagliola — Place 5 Audit Committee Cibolo Valley Local Government Corporation - Investment Advisory Committee Alternate Main Street Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions - Alternate Schertz- Seguin Local Government Corporation Councilmember Davis— Place 1 Councilmember Scott — Place 2 Audit Committee Interview Committee for Boards and Commissions Interview Committee for Boards and Commissions Main Street Committee - Chair Schertz Housing Authority Board TIRZ II Board Councilmember Larson — Place 3 Councilmember Dahle — Place 4 Main Street Committee — Vice Chair Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions TIRZ 11 Board Councilmember Heyward — Place 6. Councilmember Brown — Place 7 Audit Committee Main Street Committee Investment Advisory Committee Schertz- Seguin Local Government Corporation - Schertz Animal Services Advisory Alternate Commission March 10, 2020 City Council Agenda Page 5 Agenda No. ei Olum City Council March 10, 2020 Meeting: Department: City Secretary Subject: Guadalupe Regional Medical Center - Prescription Assistance report. (Mayor/Council/J. Riggs) On March 5, 2013, City Council approved an Interlocal. Agreement with Guadalupe Regional Medical Center (the Hospital) relating to a prescription access program. This program offers assistance to qualified citizens of the city that enables them to purchase prescription medication at a significantly reduced price. The provision of a prescription assistance program is a public purpose and preserves and protects these qualified citizens' health and safety. The Hospital will provide prescription medications free of charge or at a low cost to citizens who qualify for assistance under the guidelines established by each drug manufacturer and as described to the City by the Hospital. The Hospital will comply with all federal, state, county, and City laws, rules, ordinances, and regulations which may affect the agreement. A written report will be provided by the Hospital to the City Council of the City on or about March 1 and September 1 of each year. This report will document that the payments made by the City have primarily benefited citizens of the City and will include such information as total number of resident patients served, number of prescriptions filled, retail dollar value of prescriptions, and sources of program funds. GOAL Continue to support the Prescription Assistance Program with Guadalupe Regional Medical Center. COMMUNITY BENEFIT The Hospital will provide prescription medications free of charge or at a low cost to citizens who qualify for assistance under the guidelines established by each drug manufacturer and as described to the City by the Hospital. SUMMARY OF RECOMMENDED ACTION Council to accept the Report Information. FISCAL IMPACT The fiscal impact to the City is $5,000 annually. This is a budgeted item. The City's contribution helps pay for the cost of administering the program. Council to accept the Report Information. Attachments February report Exhibit A Report Information Guadalupe Regional Medical Center Prescription Assistance Program for Schertz Enrollees September 1, 2019 thru February 29, 2020 BENEFIT Total number of patients served by the program I 1010 Total number of Schertz residents served by the program I 15 Total number of prescriptions provided by the program I 20266 Retail dollar value of prescriptions provided by the PAP 1 $ 8,020,088.04 Retail dollar value of prescriptions provided to Schertz residents by PAP 1 $ 126,696.26 Number of prescriptions per Schertz patient per month I 3.16 Average prescription retail price (3 month supply) per Schertz patient 1 $ 1,336.46 Average annual retail prescription benefit per Schertz patient I $ 16,892.83 SOURCES OF PROGRAM FUNDS (ANNUAL) Schertz contribution to the program 1 $ 5,000.00 Seguin contribution to the program 1 $ 5,000.00 Contributions to program by individuals I $ 6,798.20 Payments by patients ($15.00 /month /patient) 1 $ 115,405.26 Grants received for the program (United Way) I $ 4,500.00 Other sources of funds (identify sources) Glucose Monitor Rebates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 975.60 Organization Contributions $ 800.00 Corporate Contributions $ 366.30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TOTAL REVENUE $ 138,845.36 TOTAL EXPENSES $ (356,638.59) TOTAL NET $ (217,793.23) City Council Meeting: Department: Subject: ei Olum March 10, 2020 Engineering Roadway CIP (B. James /J. Nowak) Agenda No. 1. Discussion on the proposed Roadway 5 -year Capital Improvement Plan (CIP). Attached is a copy fo the proposed CIP spreadsheet that Staff will present at the March 10, 2020, Council Meeting. Attachments Roadway 5 -Year CIP Streets S -Year CIP Year Project Description Type Action Cost Total Cost Carryover PCI Study PCI Data Chip Seal $100,000 Ashely Place Preservation Chip Seal $320,000 Aviation Heights Preservation Chip Seal $550,000 Dove Meadows /Silvertree Preservation Chip Seal $153,000 Fairways at Scenic Hills Preservation Chip Seal $141,000 Mesa Oaks Preservation Chip Seal $61,000 Northcliffe Country Club Estates Preservation Chip Seal $110,000 Oak Forest Preservation Chip Seal $207,000 2020 Parkland Village Preservation Chip Seal $152,000 Savannah Square Preservation Chip Seal $227,000 Schertz Forest Preservation Chip Seal $110,000 Val Verde Preservation Chip Seal $110,000 Westland Park Preservation Chip Seal $62,000 Design for Elbel overlay and storm drain Preservation Design only $121,317 Lindbergh, Main to Exchange reconstruction and storm drain construction Rehab /Recon Reconstruction $760,000 Cherry Tree, Meadowhead to Harvest Drive rehabilitation Rehab /Recon Rehabilitation $200,000 FM 3009 /FM 78 Crossing planning study (partnered with TXDOT) Added Capacity Planning Study 1 $200,0001 $3,584,317 $0 2021 Schertz Parkway overlay, Woodland Oaks to 1 -35 IElbel overlay and storm drain construction Preservation Preservation Overlay I Overlay $800,000 1 $1,220,000 $2,020,000 $0 Pecan, FM 1518 to Oak St Preservation Overlay $160,000 Windy Meadows Preservation Overlay $270,000 Ist Street Area Preservation Chip Seal $120,000 2022 Beck Street Preservation Chip Seal $30,000 Kramer Farm Preservation Chip Seal $220,000 Parkland Village Preservation Chip Seal $100,000 Schaefer Rd Rehabilitation, west of FM 1518 Rehab /Recon I Rehabilitation 1 $500,000 $1,400,000 $600,000 Commercial Place Preservation Overlay $239,000 Oak Street Preservation Overlay $460,000 Mobile Villa Estates Preservation Chip Seal $53,000 2023 Rio Vista Preservation Chip Seal $62,000 The Village Preservation Chip Seal $186,000 Boenig rehabilitation and grading Rehab /Recon I Rehabilitation 1 $1,500,000 $2,500,0001 $100,000 Nell Deane Preservation Overlay $405,000 Fairhaven Preservation Chip Seal $184,000 2024 The Links at Sceninc Hills Preservation Chip Seal $202,000 The Ridge at Scenic Hills Preservation Chip Seal $109,000 Design for Lookout Rd rehabilitation Rehab /Recon I Design Only 1 $190,0001 $1,090,0001$1,010,000 Aranda Ln Preservation Chip Seal $60,000 Savannah Bluff Preservation Chip Seal $90,000 Trainer Hale Rd Preservation Chip Seal $370,000 2025 Weir Rd Preservation Chip Seal $170,000 Wiederstein Rd, Schertz Parkway to FM3009 Preservation Chip Seal $210,000 Lookout Rd rehabilitation Rehab /Recon I Reconstruction 1 $2,110,0001 $3,010,000 $0 Capital Recovery (Traffic Impact Fee) Eligible Projects Service area 1 Project Description Cost Old Widerstein Rd reconstruction Eckhardt Rd reconstruction $3,500,000 $3,575,000 Service Area 2 Project Description Cost Live Oak Road extension FM 1518, north of FM 78 reconstruction or FM 78 improvements $1,100,000 ?? Service Area 3 Project Description Cost Lower Seguin Rd reconstruction, west of FM 1518 Graytown Rd improvements $3,700,000 $2,900,000 Sevice Area 4 Project Description Cost Graytown Rd Improvements Pfiel Rd improvements $2,900,000 ?? ei IRIUM City Council March 10, 2020 Meeting: Agenda No. 2. Department: City Secretary Subject: Minutes — Consideration and /or action regarding the approval of the minutes of the meeting of February 25, 2020. (B. Dennis) The City Council held a Regular City Council meeting on February 25, 2020. RECOMMENDATION Recommend Approval. Attachments 2 -25 -2020 Draft min DRAFT MINUTES REGULAR MEETING February 25, 2020 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 25, 2020, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Present: Mayor Ralph Gutierrez; Mayor Pro Tem Mark Davis; Councilmember Tim Brown; Councilmember Rosemary Scott; Councilmember Scott Larson; Councilmember Michael Dahle; Councilmember David Scagliola; Councilmember Allison Heyward City City Manager Dr. Mark Browne; Assistant City Manager Brian James; Staff. Assistant City Manager Charles Kelm; City Attorney Daniel Santee; City Secretary Brenda Dennis; Assistant to the City Manager Sarah Gonzalez; Deputy City Secretary Gayle Wilkinson Call to Order — City Council Regular Session Mayor Gutierrez called the regular meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Scagliola) Presentations • Proclamation Designating February 2020 as "Career and Technology Education Month ". (Mayor /Amy Massey /Students) Mayor Gutierrez invited Amy Massey and students who attended, to come forward while he read and presented the proclamation to them. One of the students came forward and expressed his appreciation for the proclamation and the recognition of Career and Technology Education Month. City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm /S. Gonzalez) Assistant City Manager Brian James provided the following announcements: • Friday the 28 and Saturday the 29 of February beginning at 10:00 a.m. is the Schertz Library winter book sale. For only $5.00 you can fill a bag with books; a selection of hardbacks, paperbacks, cookbooks and kids books - everything you like. • Saturday, February the 29th is the 10th annual Schertz -Selma salute to service members 5k Walk, Run and Roll. This benefits Operation Comfort at the Bluebonnet Palace, 17630 Lookout Road in Selma. • Tuesday, March 3rd we will not have a Council Meeting due to the Primary Election. • Saturday, March 7th is the Kick Cancer Pep Rally and 5k run (The rebranded Wilenchik's Walk For Life). It's being held at Pickrell Park - 8:00 a.m. check in and 9:00 a.m. start time. You can go to Schertz.com to register in advance. • Tuesday, March 10th will be the next regular Council Meeting at 6:00 p.m. at Schertz City Council Chambers. • Announcements and recognitions by the City Manager (M. Browne) City Manager Dr. Browne thanked Parks Director Lauren. Shrum and Events Manager Mary Spence and their staff for the great job on the Daddy Daughter Dance. • Announcements and recognitions by the Mayor (R. Gutierrez). None at this time. Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have N registered. No one signed up to speak. 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. The following was read into record: 1. Minutes — Consideration and /or action regarding the approval of the minutes of the Regular meeting of February 11, 2020 and the minutes of the Special meeting of February 18, 2020. (B. Dennis) 2. Resolution No. 20 -R -23 - Consideration and /or action approving a Resolution authorizing purchases up to $185,000.00 with Stryker during the 2019 -2020 fiscal year and other matters in connection therewith. (C. Kelm /J. Mabbitt) 3. Resolution No. 20 -R -20 - Consideration and/or action authorizing a Resolution accepting the 2019 Racial Profiling report, and other matters in connection therewith. (C. Kelm /M. Hansen) 4. Ordinance 20 -D -03 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, providing that the Code of Ordinances of the City of Schertz, Texas, be amended by revising Chapter 86, Article V, Section 86 -149 Parking Prohibited; removing the no parking zone on Greenridge in the Fairhaven Subdivision, and providing an effective date. Final Reading (B. James /K. Woodlee) 5. Ordinance No. 20 -T -04 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing an adjustment to the Fiscal Year 2019 -2020 Budget to provide funding for the E. Live Oak Pump Addition. Project, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. Final Reading (C. Kelm /S. Williams /J. Hooks) 3 6. Ordinance No 20 -D -05 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, providing that the Code of Ordinances of the City of Schertz, Texas, be amended by revising Article V, Section 86 -149, Parking Prohibited; regarding the establishment of no parking zones on FM 2252 on the approaches to the railroad track crossing and providing an effective date. (B. James /K. Woodlee) Final Reading 7. Resolution 20 -R -10 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing an amendment to the professional services agreement with Lockwood, Andrews and Newnam, Inc., relating to the 2018 Drainage Maintenance Projects, and other matters in connection therewith. (C. Kelm /S. Williams /D. Letbetter) 8. Resolution No. 20 -R -17 - Consideration and/or action to approve a Resolution by the City Council of the City of Schertz, Texas, authorizing a contract with R.P. Constructors, INC. relating to the construction of the E. Live Oak Pump Additions Project. (C. Kelm /S. Williams /S. McClelland) 9. Resolution No. 20 -R -22 - Consideration and or /action approving a Resolution by the City Council of the City of Schertz, Texas authorizing an interlocal agreement with Region 20 Education Service Center for Cooperative Purchasing Services. (C. Kelm/J. Kurz /J. Gohlke) 10. Resignation from Schertz Historical Preservation Committee - Consideration and/or action accepting the resignation of Letticia Sever from the Schertz Historical Preservation Committee. (Mayor /Council) Moved by Councilmember Michael Dahle, seconded by Councilmember Allison Heyward to approve consent agenda items 1 through 10. AYE: Mayor Pro Tem Mark Davis, Councilmember Tim Brown, Councilmember Rosemary Scott, Councilmember Scott Larson, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward Passed Discussion and Action Items Public Hearings The following was read into record: 11 It. Resolution 20 -R -19 - Conduct a public hearing, consideration and /or action approving a Resolution accepting a petition for voluntary annexation of approximately 0.5 acres of land located at 13805 IH -10 E, Bexar County, Texas. (B. James /L. Wood/N. Koplyay) Mayor Gutierrez recognized Planner Nick Koplyay who introduced this item addressing questions. Mayor Gutierrez opened the public hearing for those wishing to speak, and as no one spoke; closed the public hearing for council comments. Moved by Councilmember Scott Larson, seconded by Mayor Pro Tern Mark Davis to approve Resoliton No. 20 -R -19. AYE: Mayor Pro Tern Mark Davis, Councilmember Tim Brown, Councilmember Rosemary Scott, Councilmember Scott Larson, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward Passed Roll Call Vote Confirmation Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the roll call vote confirmation for agenda items 1 through 11. Workshop 12. City Council Code of Ethics - Discussion regarding the City Council Code of Ethics and possible amendment to the Code of Ordinances to create an Ethics Commission. (Item requested by Mayor Gutierrez) (Mayor /D. Santee) Mayor Gutierrez recognized City Attorney Dan Santee who provided a briefing and update regarding the possibility of creating an Ethics Commission. He provided samples of possible revisions and stated that he was looking for direction from Council. Members of Council expressed their thoughts as to having or not having an Ethics Commission expressing the pros and cons. Mr. Santee addressed several questions from Council. Mr. Santee also asked for Council to provide their feedback. After much discussion, it was the consensus of Council to have the City Attorney provide Council with copies of surrounding cities Ethics ordinance to review as well as let the Council take more time to review and do research. It was the consensus of Council this would be strictly for Council and for the chairs of the committees /boards to do the evaluations. The Mayor asked that the person who is accused be able to speak to the commission with their point of view and comments. This topic will be discussed further at a May 2020 meeting. Requests and Announcements • Announcements by the City Manager. No further announcements were provided. • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. • Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Gutierrez recognized Councilmember Scott who attended the following event: • Council on the Go meeting, stating it was a great meeting. Mayor Gutierrez recognized Councilmember Dahle who attended the following events: • Chamber Luncheon - State of the City Videos for Schertz, Selma and Cibolo • Council on the Go • Senior Center Bingo • Chamber Mixer • Coffee with Council • HEB "Nuff' Book reading • Plaque presentation for the Cibolo Enrichment Foundation Mayor Gutierrez recognized Councilmember Scagliola who attended the following events: • SSLGC Meeting, commenting on the amount of water we have for future years and impressed with SSLGC staff and the corporation. Mayor Gutierrez recognized Councilmember Heyward who attended the following events: • Chamber Leadership Education • Surprise retirement for Esther Mendoza • NEP Luncheon 6 • Gunn Automotive Group Share event • Cibolo Roaring 20's Senior Party • JBSA Alliance Meeting, San Antonio • Chamber Luncheon - State of the City Videos for Schertz, Selma and Cibolo • Senior Center Bingo • Cibolo Enrichment Foundation event • Daddy /Daughter Dance • HEB "Nuff'Book reading Mayor Gutierrez recognized Councilmember Brown who attended the following event: • Council on the Go meeting and commented on a great job organizing /executing it. Mayor Gutierrez stated he attended the following events: • Reception for SCUCISD new Superintendent Dr. Clark Ealy • NEP Luncheon • Gunn Automotive Group Share event • Cibolo Roaring 20's Senior Party • Chamber Luncheon - State of the City Videos for Schertz, Selma and Cibolo • Council on the Go Meeting • JBSA Alliance Meeting, San Antonio • Senior Center Bingo • Joint Base San Antonio Personnel Awards Ceremony • Daddy /Daughter Dance • Coffee with Council • CPS 2 -day seminar regarding the "City of the Future" • Go Red for Women - Heart Disease awareness • HEB "Nuff'Book reading Information available in City Council Packets - NO DISCUSSION TO OCCUR 13. Parks & Recreation Update. (B. James /L. Shrum) 14. Mayor and Council Compensation. (B. James /J. Walters) 15. Quarterly Financial Reports. (B. James /J. Walters) Adjournment Mayor Gutierrez adjourned the meeting at 6:51 p.m. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary Agenda No. 3. CITY COUNCIL MEMORANDUM City Council March 10, 2020 Meeting: Department: Engineering Subject: Resolution No. 20-R-24 - Consideration and /or action approving a Resolution authorizing expenditures with Ford Engineering, Inc., totaling no more than $200,000.00 for professional Engineering - related services on the F.Ibel Storm Drain and Overlay Project and other minor projects during the 2019 -2020 fiscal year and other matters in connection therewith. (B. James /J. Nowak) BACKGROUND During the FY 19 -20 Budget Workshop, staff presented a list of project areas for the 2020 Street Preservation and Maintenance (SPAM) Project. The project areas consisted of three different lists: "Preservation" for a new street surface; "Rehabilitation/Reconstruction" for streets needed more work: and "Added Capacity" for new streets identified by the Master Thoroughfare Plan. One of the projects on the preservation list was an overlay of Elbel from Schanz Parkway to FM 3009. Since the Budget Workshop, it was discovered that there were previous plans to add a storm chain system to Ethel. The plans were not finalized or implemented due to funding constraints and priority shifts. It is prudent to finalize the storm drain design and design the overlay in order to better plan for the project. Having a completed design will result in a more accurate project cast estimate. Having the more accurate cost estimate will allow the project to be included in the 5-year SPAM Capital Improvement Plan, when funding for construction is available. Stall worked with one of our On -Call Engineering Firms, Ford Engineering, Inc. (Ford), to develop a scope of work for the necessary field investigation, design, and bid package creation for the proposed project. This year, Ford, as one of the City's on -call Engineerhrg firms, has been assigned a task order in the amount of $11,390 for design ofrehabilitating a segment ofCheny Tree. Ford may also be assigned other, small tasks for other city efforts. Staff requests that Council authorizes an additional not -to- exceed amount to allow for other, small tasks (each Less than $50,000) to be assigned to Ford without another resolution. Staff suggests that the not -to- exceed amount be as follows: GOAL To obtain authorization form City Council to execute an agreement with Ford to provide professional engineering - related services for $133,000 and to authorize a not -to- exceed amount of $200,000 for other, small projects the City may need completed in addition to this contract for professional services. COMMUNITY BENEFIT Doing the design of the Elbel Storm Drain and Overlay now allows for a better understanding of the cost of the project and gets the project to a "shovel ready" status. Once funding is available, the project can be bid and proceed to construction more quickly than if the design were not complete. Having a more accurate understanding of the project costs also allows for more accurate insertion of the project into the 5 -year SPAM Capital Improvement Plan, which can get the project completed more quickly. SUMMARY OF RECOMMENDED ACTION Council approval of a Resolution authorizing additional expenditures with Ford, totaling no more than $200,000.00 for professional engineering - related services for the Elbel Storm Drain and Overlay project and other, small task order projects. FISCAL IMPACT Funding for the professional services agreement for the Elbel Storm Drain and Overlay Project will be paid from bond sale proceeds authorized by Council for this purpose. Funding for other tasks associated with the not -to- exceed amount will be determined as appropriate for each task. Proper procedures for any necessary budget adjustments will be followed prior to any work being authorized. RECOMMENDATION Staff recommends that Council approves Resolution 20 -R -24 authorizing expenditures with Ford, totaling nor more than $200,000 for professional engineering- related services for the Elbel Storm Drain and Overlay project and other, small task order projects. Attachments Resolution 20 -R -24 EJCDC Work Order Proposal RESOLUTION NO. 20 -R -24 A RESOLUTION BY THE CITY COUNCII. OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPEDITURES WITH FORD ENGINEERING, INC., TOTALING NO MORE THAN $200,000, FOR PROFESSIONAL ENGINEERING - RELATED SERVICES ON THE ELBEL STORM DRAIN AND OVERLAY PROJECT AND OTHER MINOR PROJECTS DURING THE 2019 -2020 FISCAL YEAR, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has determined that the City requires professional services relating to engineering and design for the Ethel Storm Drain and Overlay Project; and WHEREAS, City staff has determined that Ford Engineering, Inc., (Ford) is uniquely qualified to provide such services for the City; and WHEREAS, City staff has determined that Ford is uniquely qualified to provide engineering and design services for various small projects ( <$50,000) for the City; and WHEREAS, Ford is an approved On -Call Engineering Firm for the City of Schertz; and WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Ford Engineering, Inc. pursuant to the On -Call Task Order Agreement attached hereto as Exhibit A (the "Agreement') and to authorize future Task Order Agreements up to a maximum total aggregate amount of $200,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ„ TEXAS THAT Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Task Order Agreement with Ford Engineering, Inc., in accordance with their approved Master Agreement in substantially the form set forth on Exhibit A in the amount of $133,000.00 and authorize the City Manager to execute and deliver other Task Order Agreements for various projects in a not to exceed total aggregate amount of $200,000.00. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of "Pexas and the United States of America. Section 5. Harry provision of this Resolution or the application thereof to any person or circumstance shalt be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shalt 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 10" day of March, 2020, CITY OF SCAERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50071397.1 EXHIBIT A SERVICES AGREEMENT 50077397,/ A -I This is Task Order No. consisting of pages. Task Order In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services —Task Order Edition, dated 10- 9.2019 ( "Agreement"), Owner and Engineer agree as follows: 1. Background Data a. Effective Date of Task Order: b. Owner: City of Schertz C. Engineer: Ford Engineering d. Specific Project (title): Elbel Road —Storm Extension and Street overlay e. Specific Project (description): The design of the storm water system extension on Elbel Road and associated street mill and overlay between Schertz Parkway and FM 3009 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are the services (and related terms and conditions) set forth in the following sections of Exhibit A, as attached to the Agreement referred to above, such sections being hereby incorporated by reference, and stated in the scope of services as set out in the attached letter of proposal: • Preliminary Design Phase (Exhibit A, Paragraph A1.02) • Final Design Phase (Exhibit A, Paragraph A1.03) • Bidding or Negotiating Services (Exhibit A, Paragraph A1.04) • Construction Phase Services (Exhibit A, Paragraph A1.05) • Post - Construction Phase Services (Exhibit A, Paragraph A1.06) B. Resident Project Representative (RPR) Services Does not apply. C. Designing to a Construction Cost Limit Does not apply Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright m 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. D. Other Services Engineer shall also provide the following services: Provide one geotechnical samplings 15 -feet deep, in the anticipated vicinity of the proposed storm sewer. Engineering analysis will identify existing pavement structure, existing soil engineering properties and identify the presence of groundwater E. All of the services included above comprise Basic Services for purposes of Engineer's compensation under this Task Order. 3. Additional Services A. Additional Services that may be authorized or necessary under this Task Order are: those services (and related terms and conditions) set forth in Paragraph A2.01 of Exhibit A, as attached to the Agreement referred to above, such paragraph being hereby incorporated by reference. 4. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B S. Task Order Schedule In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: Party Action Schedule Engineer Furnish 1 digital review copy of the Within 10 work weeks of Owner's Preliminary Design Phase documents, authorization to proceed with Preliminary opinion of probable Construction Cost, and Design Phase services. other Preliminary Design Phase deliverables to Owner. Owner Submit comments regarding Preliminary Within 7 days of the receipt of Preliminary Design Phase documents, opinion of Design Phase documents, opinion of probable probable Construction Cost, and other Construction Cost, and other Preliminary Preliminary Design Phase deliverables to Design Phase deliverables from Engineer. Engineer. Engineer Furnish I digital copy of the revised Within 5 days of the receipt of Owner's Preliminary Design Phase documents, comments regarding the Preliminary Design opinion of probable Construction Cost, and Phase documents, opinion of probable other Preliminary Design Phase Construction Cost, and other Preliminary deliverables to Owner. Design Phase deliverables. Task Order Form EJCDC® &SOS, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright m 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Engineer Furnish I digital copy of the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the draft bidding - related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables, to Owner. Within 9 work weeks of Owner's authorization to proceed with Final Design Phase services. Owner Submit comments and instructions Within 7 days of the receipt of the final a. Preliminary and Final Design Phase (A1.02, A1.03) regarding the final Drawings and Drawings and Specifications, assembled b. Bidding or Negotiating Phase (A1.04) Specifications, assembled drafts of other drafts of other Construction Contract c. Construction Phase (A1.05)* Construction Contract Documents, the Documents, the draft bidding - related d. Post - Construction Phase (A1.06) draft bidding - related documents (or documents (or requests for proposals or e. Other Services (see A1.08, and 2.D above) requests for proposals or other other construction procurement documents), TOTAL COMPENSATION (lines l.a -h) construction procurement documents), and any other Final Design Phase deliverables I and any other Final Design Phase from Engineer. 12 Additional Services (Part 2 of Exhibit A) deliverables, to Engineer. Hourly rates_ _._._._._._._._ _E_ ngineer _______ -. Furnish Ydeg- -dal copy of the revised final -_____ _- - -- --- -- - - - - -- ---- - - - - -- Within 5 days of the receipt of Owner's ' Drawings and Specifications, assembled comments and instructions regarding the jConstruction Contract Documents, final Drawings and Specifications, assembled bidding - related documents (or requests drafts of other Construction Contract for proposals or other construction Documents, the draft bidding - related procurement documents), and any other documents (or requests for proposals or Final Design Phase deliverables, to Owner. other construction procurement documents), and any other Final Design Phase deliverables 6. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: Description of Service Amount Basis of Compensation 1. Basic Services (Part 1 of Exhibit A) a. Preliminary and Final Design Phase (A1.02, A1.03) $96,800.00 Lump Sum b. Bidding or Negotiating Phase (A1.04) $3,845.00 Lump Sum c. Construction Phase (A1.05)* $11,380.00 Lump Sum d. Post - Construction Phase (A1.06) $1,900.00 Lump Sum e. Other Services (see A1.08, and 2.D above) $7,391.87 Lump Sum TOTAL COMPENSATION (lines l.a -h) $121,316.87 I 12 Additional Services (Part 2 of Exhibit A) (N /A) Hourly rates_ *Based on a 12 -month continuous construction period. Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright m 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are estimates only. Lump sum amounts and estimated totals included in the breakdown by phases incorporate Engineer's labor, overhead, profit, reimbursable expenses (if any), and Consultants' charges, if any. For lump sum items, Engineer may alter the distribution of compensation between individual phases (line items) to be consistent with services actually rendered, but shall not exceed the total lump sum compensation amount unless approved in writing by the Owner. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 7. Consultants retained as of the Effective Date of the Task Order: 8. Other Modifications to Agreement and Exhibits: 9. Attachments: a. Letter of Proposal date 1 -10 -2020 10, Other Documents Incorporated by Reference: Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright m 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. ti. Terms and Conditions Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order is OWNER: ENGINEER: By: By: Print Name: Title: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Title: Address: E -Mail Address: Phone: 0 1_u. T. Title: Principal Engineer License or Firm's Certificate No. (if required): 94904 State of: Texas DESIGNATED REPRESENTATIVE FOR TASK ORDER: 0.u- Title: Principal 10927 Wye Dr. Suite 104 Address: San Antonio, Texas 78217 E -Mail Address: mark @fordengineering.com Phone: 210- 590 -4777 Task Order Form EJCDC® E-505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright m 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. _FFORD ENGINEERING, INC January 10, 2020 City: of Schertz .:Engineering 10 Commercial Place Bid 2 Schertz, TX 78154 Attnl. Mr. John Nowak, PIE `> Re: City of Schertz — On -Call Civil Engineering Services Agreement Proposal — Elbe) Road — Storm: Extension and Street Overlay Ford Engineering, Inc. is pleased to provide this proposal for professional engineering services to the City of Schertz for the design of the storm water: system extension on Elbel Road and associated street mill and overlay: between Schertz Parkway and FM 3009 Our understanding of the scope of work is generally as follows: The City desires to extend the storm drain system from Dietz Creek to the west; replace any defective curb and 'gutter, bring all ADA crossings up to compliance, add appropriate conduits for future signalization at Westchester, and finally mill and overlay the street with restripmg of ;pavement markings. The project length is approximately 3,400 linear feet. The existing road appears to be about 42 feet wide (FOC to FOCI with curb /gutters and existing sidewalk. There are overhead utilities within the street . right of way. ..There are existing water and sewer mains located -under the pavement. ProiectScope 7 Survey Survey of the project length will be required for the limits described above Topographic survey will identify existing curbs' and gutters, pavement crown, sidewalks, driveways, drainage features and utilities, etc. FEI will establish horizontal and vertical control for the project. Primary control set outside anticipated construction' limits, and secondary control at: approximately 1000 -ft intervals. FEI will develop a project layout sheet with control. Geotechnical -Arias and Associates will provide one geotechnical samplings 15 -feet deep. Engineering ; analysis will identify existing pavement structure, existing soil engineering properties and identify the presence of groundwater. Road Design Ford Engineering Inc will provide the street design for the limits described above A design will include a cover sheet;: typical street sections, overall layout, general notes 10927 WYE DRIVE SUITE 104 SCHERTZ, TX 78217 P (216) 590-4777 F (210) 590-4940 -1- 800332 -3109 wmvf), dengmcerinz Omm TBPENo F -1162 TBPLS No. 10018400 -. 1 2 3 City of Schantz PROJECT WORK PLAN AND FEE PROPOSAL BREAKDOWN Project: Elbel Road - Storm Extension and Street Overlay Prime Consultant: Ford Engineering, Inc. Proposal Date: 1113/2020 Prepared By: Mark B Hill 03.120. Stake Storm Drain Outfall Alignment (Coordinate with Environmental Division ) 2 8 10 $1,010.00 Principal Project Engineer $200,00 $15000 FIT $100.00 Admin /C lerical $65.00 RPLS $165.00 Survey Survey Tech $8500 Crew - 2 man $145.00 TASK CODE AND DESCRIPTION HOURS HOURS HOURS HOURS HOURS 04.020. Horizontal Roadway Alignments TASK HOUR S TASK/ PHASE FEE 6 $700.00 04.030. Roadway Profiles 8 24 32 $3,600.00 04.040. Street Cross Sections 16 Design is '12 " 372 2 6 =18 56 ". 610 = $74,770:00 01. Project Management and General Items 8 10 $1,100.00 01.010, Project Mgmt 2 2 05.010. Establish Drainage Discharge 4 $530.00 01.030. General Sheets - Index, Summaries / Quantities, Notes 2 8 8 10 $1,100.00 05.010.030. Calculate Design Discharges/ Report 10 $1,100.00 48 $5,601 05.020. Analyze Storm Drain Facilities (Plan and Profile) 05.020.010. Roadways and Storm Drain System 16 03. Topographic Surveying / Base Mapping 56 $6,401 05.020.060. Inlet Cross Sections 8 16 24 $2,800.00 03.010, Establish Primary Project Control 07. Utility Coordination ( Management 4 4 $580.00 03.040. Survey Topographic Features 4 24 20 4 8 44 80 $10,120.00 03.050. Survey Cross Sections / Spot Elevations to Develop DTM 03.070, Survey Quality Level C Locates 2 8 10 $1,330.00 03.120. Stake Storm Drain Outfall Alignment (Coordinate with Environmental Division ) 2 8 10 $1,010.00 City of sscbem, Profeot Work Plan antl Fee Pmpoeel Breakdown Pnge 1 of 3 04. Roadway Design 04.010, Typical Sections - Existing and Proposed 4 8 12 $1,400.00 04.020. Horizontal Roadway Alignments 2 4 6 $700.00 04.030. Roadway Profiles 8 24 32 $3,600.00 04.040. Street Cross Sections 16 32 48 $5,600.00 04.050. Plan Sheets 8 32 64 104 $12,800.00 04.070. Driveway Summary Sheet 2 8 10 $1,100.00 05. Drainage Design 05.010. Establish Drainage Discharge 05.010.010. Drainage Area Map 2 8 10 $1,100.00 05.010.030. Calculate Design Discharges/ Report 16 32 48 $5,601 05.020. Analyze Storm Drain Facilities (Plan and Profile) 05.020.010. Roadways and Storm Drain System 16 40 56 $6,401 05.020.060. Inlet Cross Sections 8 16 24 $2,800.00 07. Utility Coordination ( Management 07.010. Utility Baseman 4 16 20 $2,200.00 City of sscbem, Profeot Work Plan antl Fee Pmpoeel Breakdown Pnge 1 of 3 City of Sschi Profeot Work Plan end Foe Poo,cel Breakdown Pnge 2 of 3 Principal Project Engineer 320000 3150.00 FIT $100.00 Admin/C lancet $65.00 RPLS Survey SurveyCrew - Tech 2 man $165.00 $85.00 $145.00 TASK CODE AND DESCRIPTION HOURS HOURS HOURS TASK HOURS HOURS HOUR S TASK/ PHASE FEE 08. Traffic Control Plan 08.010. Construction Phasing Typical Sections 4 8 12 $1,400.00 08.020. Construction Phasing and Sequence of Work 4 8 12 $1,400.00 08.030. Conceptual Construction Phasing Layouts 2 8 16 26 $3,200.00 09. Other Plans 09.010. Intersection Layouts 4 16 20 $2,200.00 09.030. Traffic Signal Plans (conduit runs only) 4 16 20 $2,200.00 09.050. Pavement Marking and Signing Plan 8 24 32 $3,601 10. Environmental and Regulatory Coordination 11. Cost Estimating 11.010. Prepare Cost Estimate 8 16 24 $2,800.00 Final'Design -'S 111 2r. 0 ';'-0 0:: 160 $22;030:00 01. Project Management and General Items 01.010, Project Mgmt 2 2 4 $530.00 01.030. General Sheets - Index, Summaries / Quantities, Notes 1 2 3 $350.00 04. Roadway Design 04.010, Typical Sections - Existing and Proposed 2 4 6 $700.00 04.030. Roadway Profiles 2 4 6 $700.00 04.040. Street Cross Sections 2 8 10 $1,100.00 04.050. Plan Sheets 1 8 24 33 $3,800.00 04.070. Driveway Summary Sheet 1 1 2 $250.00 05. Drainage Design 05.010. Establish Drainage Discharge 05.010.020. Model Hydrology (Pre- Project and Post - Project) 2 4 6 $700.00 05.010.030. Calculate Design Discharges /Report 2 8 10 $1,101 05.020. Analyze Storm Drain Facilities (Plan and Profile) 05.020.010. Roadways and Storm Drain System 8 24 32 $3,600.00 05.020.060. Inlet Cross Sections 2 8 10 $1,100.00 08. Traffic Control Plan 08.010. Construction Phasing Typical Sections 2 4 6 $700.00 08.020. Construction Phasing and Sequence of Work 2 4 6 $700.00 08.030. Conceptual Construction Phasing Layouts 2 2 4 8 $1,100.00 09. Other Plans City of Sschi Profeot Work Plan end Foe Poo,cel Breakdown Pnge 2 of 3 City of Sscbem, Prefect Work Plan and Fee Pmposel Breakdown Page 3 of 3 Principal Project Engineer 320000 3150.00 FIT $100.00 Affirl lancet $65.00 RPLS $165.00 Survey SurveyCrew Tech $85.00 - p man $145.00 TASK CODE AND DESCRIPTION HOURS HOURS HOURS HOURS HOURS TASK HOUR S TASK/ PHASE FEE 09.010, Intersection Layouts 2 4 6 $700.00 09.030. Traffic Signal Plans 2 4 6 $700.00 09.050. Pavement Marking and Signing Plan 2 4 6 $700.00 10. Environmental and Regulatory Coordination 10.010, Flood Plain Permit 2 4 6 $700.00 11. Cost Estimating 11.010. Prepare Cost Estimate 8 16 24 $2,800.00 Bld Phase -:0 - 14 3 =: 0 0 0 12. Bid Phase 12.010, Submit 100% Plans 2 4 1 7 $765.00 12.020. Bid Documents - Front End 2 4 6 $700.00 12.050. Attend 100% Review Meeting /Precon walkthrou h 4 4 $600.00 12.080. Attend Pre -Bid Meeting 2 2 4 $500.00 12.090. Respond to Contractor Questions 2 2 $300.00 12. 100. Prepare and Distribute Necessary Addenda 2 2 4 $500.00 12.110. Prepare Bid Tabulation and Letter of Recommendation 1 2 2 5 $480.00 Construction Phase 1) 47 t 30 0 - 0 2 8 87 19,380.00 13. Construction Management__________ 13.010. Reestablish Project Control 2 8 10 $1,330.00 11020. Review Contractor Pay Estimates 4 16 20 $2,200.00 13.040. Review Shop Drawings 1 2 3 $350.00 13.050. Respond to RFI's 2 4 6 $700.00 13.060. Project Site Visits & Reports (3 visits) 32 8 40 $5,600.00 13.080. Final Walkthrough and Punchlist Review 4 4 $600.00 13.100. Pre Construction Meeting 4 4 $600.00 15. Communications Pra'ect closeout 0 i 18 0+ 0 l0 0 1 18 $1900.00 14. Project Closeout 14.010. Prepare Record Drawings 2 16 18 $1,900.00 City of Sscbem, Prefect Work Plan and Fee Pmposel Breakdown Page 3 of 3 Agenda No. 4. CITY COUNCIL MEMORANDUM City Council March 10, 2020 Meeting: Department: Finance Subject: Resolution 20 -R -27 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the extension for one year of the bank depository agreement with Schertz Bank & Trust, and other matters in connection therewith. (B. James /J. Walters /B. Martin) BACKGROUND This agreement is for the last one -year extension with Schertz Bank and Trust for bank depository services. The term of the extension will be from January 31, 2020 to January 31, 2021. The City entered into a Bank Depository Agreement with Schertz Bank and Trust on August 1, 2016, as authorized by resolution 16 -RS0. The agreement was for a three -year term with two options for one -year extensions. Staff should have run this extension in January for City Council approval. As of January 31, 2020, the City has had depository services provided by Schertz Bank & Trust for 10 consecutive years with 2 full contract awards during that nine. Staff has no reservations about the level of service provided by Schertz Bank & Trust and recommends extending the term of the contract. Staff will submit a request for proposals in 2020 to have new contract in place for January 2021. GOAL To authorize a one -year extension for bank depository services agreement as per resolution 20 -R -27. COMMUNITY BENEFIT N/A SUMMARY OF RECOMMENDED ACTION Approval of Resolution 20 -R -27 authorizing the one year extension. FISCAL IMPACT None RECOMMENDATION Staff recommends approval of Resolution No. 20 -R -27. ..... Attachments Resolution 20 -R -27 Bank Depository RESOLUTION NO. 20 -R -27 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE EXTENSION FOR ONE YEAR OF THE BANK DEPOSITORY AGREEMENT WITH SCHERTZ BANK & TRUST, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff entered into a bank depository agreement with Schertz. Bank & Trust on August 1, 2016 per resolution 16 -R -50 for a three -year term with two options for one - year extensions; and WHEREAS, the City Council has determined that it is in the best interest of the City to extend the bank depository agreement for the last one -year extension pursuant to the Bank Depository Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT Section 1. The City Council hereby approves the last of the available one -year extensions for bank depository services with Schertz Bank & Trust.. 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 10th day of March 2020. ATTEST: City Secretary CITY OF SCHERTZ, TEXAS Mayor, Ralph GUtil'rC7 -2- Exhibit A Bank Depository Agreement -3- Section 7. Bank Compensation Subject to the service Option selected by the City in Section 6, the Bank will be compensated for any and all services rendered to City under this Agreement. The Bank agrees to offset monthly service fees against its customary earnings credit for balances in the City's own- interest bearing accounts. Section 8. Default The Bank shall be in default if it fails to pay all or part of a demand deposit, a matured time deposit, or a matured certificate of deposit, including accrued but unpaid interest, at a specified matraity date. The Bank shall also be in default if riled "bankrupt', 'Insolvent ", or "failed" by a federal or state banking regulator, or if areceiver is appointed for the Bank, In the event of a default, failure, or insolvency of the Bank, the City shall be deemed to have vested full title to all securities pledged under this Agreement. The City is empowered to take possession of and transfer and or sell any and all securities. If the security is liquidated, any proceeds in excess of the defaulted amount, plus expenses related to liquidation, shall be returned to the Bank. This power is in addition to other remedies which the City may have under this Agreement or otherwise under law and without prejudice to its rights to maintain any suit in any court for redress of injuries sustained by the City under this Agreement. Section 9. Non - Assignability This Agreement is not assignable in whole or in part but is binding on the parties, their successors and assigns. Section 10. Amendment This Agreement shall remain in full force and effect until the end of its term or until amended, cancelled, or superseded by a new bank depository contract. No provisions of this Agreement shall be deemed waived, amended, or modified by either party unless and until such waiver, amendment, or modification is in writing and signed by the parties to this Agreement Section 11. Termination This Agreement may be terminated by the City at any time with or without cause by giving thirty (30) days prior written notice to the Bank. Section 12. Notices All notices and correspondence to the City by the Bank or to the Bank by the City shall be deemed given when either delivered in person or deposited in the U.S. Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, addressed to the appropriate party at the following address; If to the City: City of Schertz Attention: City Manager 1400 Schertz Parkway Schertz, Texas 78154 If to the Bank: S chertz Bank & Trust Attention: Operations Officer 519 Main Street Schertz, Texas 78154 Section 13. Governing Law All applicable provisions and requirements of the laws of the State of Texas and the FDIC governing depositories for the City shall be apart of this Agreement. Section 14. Precedence ofAgreement This Agreement and attached Exhibits A B and C constitute the sole and only agreement between the parties hereto with respect to the subject matter hereof and supersede any prior understanding, written or oral, between the parties respecting the matters herein contained. Section 15. Legal Construction In case any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalid, illegal, or unenforceable provision shall not affect any other provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Section 16. Bank Authorization The Bank represents and warrants that this Agreement is made pursuant to and is duly authorized by the Board of Directors of the Bank and recorded in the official records of the Bank. [The remainder of thispage intentionally left blank.] EXECUTED on this the day of CITY OF SCHERTZ By: . ?� Name: John C. Kessel Title: City Manager 2016. SCHERTZ BANK & TRUST ATTEIL By: Name: Title: EXHIBIT A Safekeeping Agreement SAFEKEEPING AGREEMENT (CORPORATE -- NO FOREIGN SECURITIES) THIS SAFEKEEPING AGREEMENT (this "Agreement ") is entered into as of the 16-r day of `S4K �C __ , _2.0.00 __ , by and betweenTHE FROST NATIONAL BANK, a national banking association organized and existing under the laws of the United States of America (the 'Bank ") and Srhprt? Bank & Trust C'ust , a Bank (the "Depositor "), The Bank and the Depositor agree that all securities and /or other property deposited with and accepted by Bank ( "Security ") shalt be governed by the terms and conditions herein set forth, and agree to the following WITNESSETH: The Bank shall establish and maintain a custody account (the "Account ") for and in the name of the Depositor and hold therein all securities deposited with or collected by the Bank in its capacity as custodian for the Account. The terms "Security" or "Securities" shall mean any negotiable or non- negotiable investment instrument(s) commonly known as a security or securities in banking custom or practice, and so long as held by the Bank, all income therefrom and all cash deposited by, or for the account of, the Depositor. The Bank agrees to open the Account and hold all Securities and other property, from time to time, deposited with or collected by the Bank for the Account, subject to the terms and conditions of this Agreement, as the same may be amended from time to time. SECTION Y ACCEPTANCE OF SECURITIES (a) The Bank shall accept delivery from and on behalf of the Depositor such Securities as shall, from time to time, be acceptable to it. Any Securities now held by the Bank for the Depositor under a prior custody agreement shall be deemed to have been deposited hereunder, The Bank shall have no responsibility to (i) determine the validity, genuineness or alteration of the Securities or related instruments delivered pursuant to the terms hereof; (ii) review the Securities; or (iii) advise the Depositor of the purchase, retention, sale, exchange, disposition, call for redemption of the . Securities or related instruments. (b) The Bank shall supply to the Depositor from time to time as mutually agreed by the Bank and the Depositor a written statement with respect to all of the Securities held in the Account, In the event that the Depositor does not inform the Bank in writing of any exceptions or objections to such statement within thirty (30) days after receipt of such statement, the Depositor shall be deemed to have approved such statement. (c) The Bank shall segregate and identify on its books and records as belonging to the Depositor all Securities delivered by or for the account of the Depositor which are held by the Bank in the Account. (d) The Depositor authorizes the Bank, for any Securities held hereunder, to use the services of any United States central securities depository it deems appropriate and where it may hold any of its own securities, including, but not limited to, the Depository Trust Company and the Federal Reserve Book Entry System. The term "central securities depositary" shall also include any depository service which acts as a custodian of securities in connection with a system for the central handling of securities whereby all securities of a particular class or series of any issuer deposited within the system are treated as fungible and may be transferred by bookkeeping entry without physical delivery of security certificates. Placement by the Bank of Securities into a central securities depository or safekeeping facility shall neither augment nor diminish the Bank's duties or obligations under any other paragraph of SANANTONIO 298076v5 82600 -03994 this Agreement, provided that the Bank shall have no liability for the acts or failure to act of any such central securities depository. (e) The Bank is authorized to re- register the Securities in the name of the Bank or its nominee unless alternative and acceptable registration instructions are promptly furnished by the Depositor. SECTION 2 COLLECTION OF INCOME The Bank agrees to collect and receive the dividends, interest and other income from the Securities, as directed by the Depositor, and will credit the Depositor's designated deposit account for such items. Charges, if any, will be charged to the Depositor's deposit account under advice. The Bank assumes no liability for failure to perform this service, as it is intended merely as an aid to the Depositor and does not relieve the Depositor of its own duty to keep itself informed of information affecting its own portfolio. The Bank is hereby authorized to sign, on the Depositor's behalf, any declarations, affidavits, certificates of ownership, or other documents which are now or may hereafter be required with' respect to coupons, registered interest, dividends or other income on Securities. THE DEPOSITOR HEREBY AGREES TO REIMBURSE, INDEMNI Y, AND HOLD HARMLESS, THE BANK, ITS OFFICERS, DIRECTORS AND EMPLOYEES FROM ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE (INCLUDING ATTORNEYS' FEES AND COURT COSTS) THAT MAY ARISE BY REASON OF TAE EXECUTION OF ANY SUCH DOCUMENTS BY THE BANK. SECTION 3 COLLECTION OF PRINCIPAL The Bank is authorized to collect, receive and receipt for the principal of all Securities when and as the same may mature, be redeemed, or be sold upon the order of the Depositor. The proceeds of such collections, as well as any other principal payments received for any Securities, will be credited to the Depositor's designated deposit account. The Bank will use commercially reasonable efforts to collect the Securities and other property at maturity and at dates of call for payment, but assumes no responsibility for its failure to do so and shall not be obligated to institute or participate in any legal proceedings relative thereto. The Bank will not be liable for the insolvency, or default in the payment of principal or interest or in the performance, of the issuer of any Securities. SECTION 4 WITHDRAWAL OF SECURITIES The Securities will be released only upon the Bank's receipt of written instructions from the Depositor. In the event the Depositor is a corporation or limited liability company, Securities will be released upon the instructions of such officer(s) as are authorized by corporate /company resolution ( "Authorized Representative "), and the Depositor shall furnish the Bank on or before such withdrawal, certified copies of resolutions relating to or changing such authority. The Depositor expressly agrees that the Bank shall not be liable for any loss, damage, or liability resulting from the Bank's actions taken in accordance with instructions given to the Bank by an Authorized Representative. If the Depositor has delivered to the Bank Securities subject to a pledge, such Securities will be released only upon the receipt of (1) a written notice by the Depositor or an Authorized Representative, if requested by Bank, (ii) a written release of the pledgee, and (iii) a certificate of the Depositor certifying that the signature of the pledgee is authorized and authentic, 2 SANANTONIO 298076v5 82600 -03994 SECTION 5 STANDARD OF CARE The Bank shall exercise commercially reasonable care in receiving, holding and handling the Securities. The Bank will exercise the commercially reasonable care expected of a professional custodian for hire with respect to the Securities in its possession or control, SECTION 6 DEPOSITOR DUTIES (a) The Depositor shall provide the Bank with a written certificate signed by an Authorized Representative containing the specimen signatures of each person authorized to act and give direction on behalf of the Depositor, The Bank shall be entitled to rely upon such certificate until notified in writing otherwise by the Depositor, (b) The Bank is further authorized to rely upon any written instructions or instructions received by any other means and identified as having been given or authorized by any person named to the Bank as authorized to give written instructions, regardless of whether such instructions shall in fact have been authorized or given by any of such persons, provided that the Bank and the Depositor shall have agreed in writing upon the means of transmission and the method of identification for such instructions. Instructions received by any other means shall include verbal instructions, provided that any verbal instruction shall be promptly confirmed in writing, In the event verbal instructions are not subsequently confirmed in writing, as provided above, the Depositor agrees to hold the Bank harmless and without liability for any claims or losses in connection with such verbal instructions. Notwithstanding the above, instructions for the withdrawal of securities 'free of payment" shall be given only in writing, manually signed by any such authorized persons. (c) The Depositor may appoint one or more investment managers ('Investment Managers ") with respect to the Account. The Bank is authorized to act upon instructions received from any Investment Manager to the same extent that the Bank would act upon the instructions of the Depositor, provided that the Bank has received copies of the instruments appointing the Investment Manager and written confirmation from the Investment Manager evidencing its acceptance of such appointment, or other evidence satisfactory to the Bank, (d) If the Depositor should choose to have telecommunication or other means of direct access to the Bank's reporting system for Securities in the Account pursuant to paragraph (e) ofSection 7, the Bank is also authorized to rely and act upon any instructions received by it through a terminal device, provided that such instructions are accompanied by code words which the Bank has furnished to the Depositor by any method mutually agreed to by the Bank and the Depositor, and which the Bank shall not have then been notified by the Depositor to cease to recognize regardless whether such instructions shall in fact have been given or authorized by the Depositor or any such person, The Depositor's delegates shall be named by a certificate provided to the Bank from time to time by the Depositor. (e) In the event that the Bank 'shall receive conflicting instructions from Depositor regarding any particular transaction, the Bank shall have no duty to attempt to resolve such conflict; provided, however, the Bank may rely upon the instruction first received by the Bank and the Bank is hereby held harmless from all consequences of such reliance. SECTION 7 BANK DUTIES 3 SAI TANTONIQ 298076v5 82600 -03994 (a) The Bank shall receive or deliver, or shall instruct any other entity authorized to hold Securities hereunder to receive or deliver, Securities and credit or debit the Account, in accordance with written instructions from the Depositor. The Bank or such entity shall also receive in custody all stock dividends, rights and similar securities issued in connection with Securities held hereunder, shall surrender for payment, in a timely manner, all items maturing or called for redemption and shall take such other action as the Depositor may direct in properly authorized and timely written instructions to the Bank. (b) All cash received or held by the Bank as custodian or by any entity authorized to hold the Securities hereunder as interest, dividends, proceeds from transfer, and other payments for or with respect to the Securities shall be (i) held in a cash account, or (ii) in accordance with written instructions received by the Bank, remitted to the Depositor. (c) If the Bank has in place a system for providing telecommunication or other electronic access or other means of direct access by customers to the Bank's reporting system for Securities in the Account, then upon separate written agreement between the Bank and the Depositor, the Bank shall provide such service to the Depositor. (d) During the Bank's regular banking hours and upon receipt of reasonable notice from the Depositor, any officer or employee of the Depositor, any independent accountant(s) selected by the Depositor and any person designated by any regulatory authority having jurisdiction over the Depositor shall be entitled to examine on the Bank's premises, the Securities held by the Bank on its premises, but only upon the Depositor's furnishing the Bank with properly authorized instructions to that effect, provided, such examination shall be consistent with the Bank's obligations of confidentiality to other parties. The Bank's costs and expenses in facilitating such examinations, including but not limited to the cost to the Bank of providing personnel in connection with examinations shall be borne by the Depositor. The Bank shall also, subject to restrictions under applicable law, seek to obtain from any entity with which the Bank maintains the physical possession of any of the Securities in the Account such records of such entity relating to the Account as may be required by the Depositor or its agents in connection with an internal examination by the Depositor of its own affairs. Upon a reasonable request from the Depositor, the Bank shall use its reasonable efforts to furnish to the Depositor such reports (or portions thereof) of the external auditors of each such entity as related directly to such entity's system of internal accounting controls applicable to its duties under its agreement with the Bank. (e) The Bank will transmit to the Depositor upon receipt, all financial reports, stockholder communications, notices, proxies and proxy soliciting materials received from issuers of the Securities, and all information relating to exchange or tender offers received from offerors with respect to the Securities. Proxies will be executed by the registered holder if the registered holder is other than the Depositor, but the manner in which the Securities are to be voted will not be indicated. Specific instructions regarding proxies will be provided when necessary. The Bank shall not vote any of the Securities or authorize the voting of any Securities or give any consent or take any other action with respect hereto, except as provided herein. The Bank is authorized to accept and open in the Depositor's behalf all mail or communications received by it or directed to its care. (f) In the event of tender offers, the Depositor shall mail or fax instructions to the Bank as to the action to be taken with respect thereto or telephone such instructions to the Depositor's account administrator at the Bank, designating such instruction as being related to a tender offer. The Depositor shall deliver to the Bank, by 4:00 p.m,, San Antonio, Texas time on the following calendar day, written confirmation. The Depositor shall hold the Bank harmless from any adverse consequences of the Depositor's use of any other method of transmitting instructions relating to a tender offer. The Depositor agrees that if it gives an instruction for the performance of an act on the past permissible date of a period established by the tender offer or for the performance of such act or that it fails to provide next day written confirmation of an oral instruction, the Depositor shall hold the Bank harmless from any adverse consequences of failing to follow said instructions. 4 SANANTONTO 2980760 82600.03994 (g) The Bank shall promptly notify the Depositor of any calls for redemption, mergers, tenders, consolidations, reorganizations, recapitalizations, or similar proceedings affecting the Securities (other than those Securities registered in the Depositor's name) held in the Account, provided notice of such proceedings appears in standard New York financial publications or a service to which the Bank subscribes. The Bank shall not be liable for late presentation of such items when the Depositor has failed to timely instruct the Bank in writing. Should any Security held in a central securities depository be called for a partial redemption by the issuer of such Security, the Bank is authorized, in its sole discretion, to allot the called portion to the respective holders in any manner it deems fair and equitable, (h) The Bank shall present all maturing bonds and coupons for collection and is authorized to receive payment of income and principal on other items in accordance with their terms. All funds so collected shall be credited to the Account or remitted in accordance with the instructions of the Depositor. (i) The Depositor acknowledges and agrees that the Bank shall not be liable for any loss or damage arising out of cause beyond the Bank's control. SECTION 8 FOREIGN SECURITIES The Bank shall not hold Securities which are issued by foreign governments or foreign companies or for which the principal trading market is located outside the United States hereunder, Should the Bank elect to hold such securities, such activities shall be governed by a separate agreement between the bank and the Depositor. SECTION 9 FEES AND EXPENSES (a) The Depositor agrees to promptly pay upon receipt of an invoice from the Bank the fees and expenses set forth therein. Bees and expenses for the services to be rendered under this Agreement are set forth in Exhibit A attached hereto and incorporated herein for all purposes, as such may be amended from time to time, effective upon 30 days' prior written notice by the Bank to the Depositor. In addition, if the Bank advances securities to the Depositor for any purpose or in the event that the Bank or its nominee shall incur or be assessed any taxes, charges, expenses, assessments, claims or liabilities in connection with the performance of its duties hereunder, except such as may arise from or be caused by the Bank's or its nominee's gross negligence or willful misconduct, Depositor shall immediately reimburse the Bank, or its nominee, for such advances, taxes, charges, expenses, assessments, claims or liabilities, or replace such securities. (b) The Bank may, in its sole discretion, advance funds on behalf of the Depositor which results in an overdraft if the monies held in the Account are insufficient to pay the total amount payable upon purchase of Securities as instructed. Any such overdrafts shall be deemed to be a loan made by the Bank to the Depositor payable promptly upon demand and bearing interest at The Frost National Bank's prime rate plus two percent per annum from the date incurred. Notwithstanding anything contained in this Agreement to the contrary, the Bank shall have no obligation to advance funds on behalf of the Depositor, (c) The Bank shall have a lien on the Securities in the Account to secure payment of such fees and expenses, taxes, advances and other charges incurred under this Section 9. The Depositor agrees that the Bank's lien shall be a continuing lien and security interest in and on any Securities at any time held by or through it in accordance with this Agreement, for the benefit of the Depositor or in SANANTONIO 298076v5 82600 -03994 which the Depositor may have an interest which is then in the Bank's possession or control or in possession or control of any third party acting on the Bank's behalf. Upon failure by the Depositor to cure any overdraft amounts, or to reimburse the Bank promptly after the request for payment, the Bank may immediately and without further notice dispose of Securities to the extent necessary to obtain reimbursement. The Bank shall have all of the rights and remedies of a secured creditor under the Uniform Commercial Code as in effect in State of Texas from time to time with respect to the Securities. (d) The Bank is hereby authorized to charge the Depositor's deposit account number 0199'81257 for all fees and charges incurred or assessed hereunder. (Analysis) SECTION 10 INVESTMENT RESPONSIBILITY Unless otherwise agreed in writing by the Depositor and the Bank, the Bank is under no duty to (i) advise the Depositor relative to the investment, purchase, retention, sale, or other disposition of any Securities held hereunder; (ii) supervise the Depositor's investments, purchases or sales; (iii) invest, or see to the investment of, any cash proceeds or other cash deposited hereunder and held by the Bank; or (iv) determine whether any investment or sale made for the account of Depositor is made in conformity with Depositor's requirements or understandings. The Bank's duties hereunder are strictly ministerial in nature and are limited to those duties expressly set forth in this Agreement. Nothing in this Agreement shall be construed to impose fiduciary responsibilities on the Bank. SECTION 11 LIMITATION Ol' LIABILITY The Bank undertakes to perform such duties and only such duties as are specifically set forth in this Agreement, it being expressly understood that there are no implied duties hereunder, In addition to other provisions of this Agreement, the Depositor agrees that the Bank (a) will be responsible only for the exercise of reasonable commercial standards of the banking business; (b) will not be liable for any loss or damage to the Securities when such loss or damage is due to any cause other than failure to exercise reasonable commercial standards, and in any event will not be liable for any decline in the market value of the Securities; (c) will not be considered an insurer against risk of loss, damage, destruction or decline in market value of the Securities; and (d) will not have liability to the Depositor with respect to the services rendered by the Bank pursuant to this Agreement until such time as the Securities are actually delivered to the Bank, it being understood and agreed that the Depositor bears the risk of loss with respect to shipment and delivery of the Securities to Bank. IN NO EVENT SHALL THE BANK BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY (I) DAMAGES OR EXPENSES ARISING OUT OF THE SERVICES PROVIDED HEREUNDER OTHER THAN DAMAGES wHICH RESULT FROM BANK'S FAILURE TO ACT IN GOOD FArM OR IN ACCORDANCE WITH THE REASONABLE COMMERCIAL STANDARDS OF THE BANKING BUSINESS OR (H) SPECIAL OR CONSEQUENTIAL DAMAGES, EvEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCK DAMAGES. In addition to any and all rights of reimbursement, indemnification, subrogation, or any other rights pursuant hereto or under law or equity, the Depositor hereby agrees, to the extent permitted by Texas law, to indemnify and hold harmless the Bank and its officers, directors, and agents (the "Indemnified parties ") from and against any and all claims, damages, losses, liabilities, reasonable costs, or reasonable expenses whatsoever (including attorneys' fees and court costs) which they may incur (or which may be claimed against them by any person or entity whatsoever) by reason of or in connection with (a) any untrue statement or alleged untrue statement of any material fact contained or incorporated by reference in the information supplied by the Depositor to the Bank or its nominee in connection with the performance of their duties under this Agreement or the related documents, or the omission or alleged omission to state in such information a material fact necessary to make such statements, in the light of circumstances under which they are or were made, not misleading; or (b) the SANANTONIO 2980760 82600 -03994 execution and delivery of this Agreement. if any proceeding shall be brought or threatened against any indemnified party by reason of or in connection with the events described in clause (a) or (b), such indemnified party shall promptly notify the Depositor in writing and the Depositor shall assume the defense thereof, including the employment of counsel satisfactory to such indemnified party and the payment of all costs of litigation. Notwithstanding the preceding sentence, such indemnified party shall have the right to employ its own counsel and to determine its own defense of such action in any such case, but the fees and expenses of such counsel shall be at the expense of such indemnified party unless (i) the employment of such counsel shall have been authorized in writing by the Depositor or (ii) the Depositor, after due notice of the action, shall not have employed counsel to have charge of such defense, in either of which events the reasonable fees and expenses of counsel for such indemnified party shall be borne by the Depositor. The Depositor shall not be liable for any settlement of any such action effected without its consent. Nothing under this section is intended to limit the Depositor's payment obligations contained elsewhere in this Agreement. This section shall survive the termination of this Agreement. SECTION 12 BANK POWER OF ATTORNEY In addition to other rights granted to the Bank pursuant to the terms of this Agreement, the Bank is authorized and empowered in the name of and on behalf of the Depositor to execute any certificates of ownership or other instruments which are or may hereafter be required by any regulations of the United States or any state or political subdivision thereof, so that the Bank may fulfill its obligations hereunder as required in connection with any Securities. SECTION 13 AMENDMENTS Except as otherwise provided hereby, the parties may make amendments to this Agreement from time to time, provided that any such amendment shall be reduced to writing; provided, however, the Bank may, at any time, in its sole discretion amend any of the provisions of this Agreement upon thirty (30) days' prior written notice to the Depositor. SECTION 14 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto, SECTION 15 COMMETENESS OF AGREEMENT This Agreement, along with a copy of the fee schedule attached hereto asExhibit A, constitutes the full and complete agreement between the Bank and the Depositor, and no other understanding or agreement, whether written or oral shall bind either of the parties hereto. The headings of Sections of this Agreement are for convenience only and have no effect on a party's responsibilities or liabilities. SECTION 16 GOVERNING LAW This Agreement shall be governed by the applicable laws of the State of Texas. SANANTON10 2980760 82600-03994 SECTION 17 TERMINATION This Agreement may be terminated by either the Depositor or the Bank upon at least ten (10) days prior written notice to the other, The Depositor shall have a period of thirty (30) days from the date of the last and final accounting provided by the Bank to make any objection or claim, and failure to do so within the thirty (30) day period shall be deemed by the parties hereto to constitute accord and satisfaction. As soon as practicable following termination of this Agreement, the Bank shall deliver all Securities to the Depositor in accordance with the Depositor's written instructions. SECTION 18 NOTICES Any notice to be given or to be served upon any party hereto in connection with this Agreement must be in writing, and shall be given by certified or registered mail, facsimile transmission ( "fax ") or express courier and shall be deemed to have been given and received twenty -four (24) hours after a certified or registered letter or express courier package containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. Such notices shall be given to the parties hereto at the following addresses: If to the Bank: The Frost National Bank P,O. Box 1600 San Antonio, Texas 78296 Attention: Custody Services Department Facsimile No.: (210) 220 - 5986 If to the Depositor: Schertz Bank &. Trust: (Customer Account) FO. Box 800 Schertz, Texas 78154 Attention: Melvin F. Golla Facsimile No.: 210 - 945 -7424 Any notices served by fax shall be deemed to have been given and received only when written confirmation of the receipt of such fax has been received by the sender. Any party hereto may, at any time by giving fifteen (15) days' written notice to the other party hereto, designate any other address in substitution of the foregoing address to which such notice shall be given. SECTION 19 MISCELLANEOUS (a) This Agreement may be executed in any number of counterparts; each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. (b) Whenever the context hereof shall so require the singular shall include the plural, the male gender shall include the female gender and the neuter, and vice versa. SANANTONIO 298076v5 82600 -03994 (c) In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. [(d) The Addendum to Safekeeping Agreement attached hereto is incorporated herein and made a part hereof for all purposes.) IN WITNESS WHEREOF, the parties thereto executed this Agreement as of the day and year first above - written, am THE FROST NATIONAL BANK r r., Name: Olga Aguilar Title: Assistant Vice President SANANTONIO 298076v5 82600 -03994 DEPOSITOR: Schertz Bank & Trust (Gusto Accoounnt) By: Name:Melvin F. Golla Title: President EXHIBIT B Authorized Representatives For the term of this Agreement, the City and the Bank designate the individuals listed below as authorized to represent and act for the City and the Bank, respectively, in any and all matters including collateral assignment and substitution, and, upon further written authorization by the City with respect to Bank officials, execution of agreements and transfers of funds. Any changes in these representatives by either party will be made in writing to the other party. CITY OF SCHERTZ John C. Kessel, City Manager Brian James, Executive Director Juan Santoya, Finance Director James Walters, Assistant Finance Director SCHERTZ BANK & TRUST Mark Sunderman, President I CEO Wendy Griffin, Cashier RFP Response See attached SB &T Response CITY OF SCHERTZ ATTACHMENT A 2016 Schedule of Proposed Fees Activity volumes are estimates based on historical levels. The AFP Code for several of the services bas been provided wbere available, Chage as necessary. Pricing based on available infonnation. Charges in vohanes, account structure and additional clarification ofinformation may adjust pricing, Additional services maybe added at the City's raduest_ AFp Code* Service Unit Basis AVG MO/ Vol. Unit Bank Charge Explanatory Notes, as applicable mffiwlffi� Per item 1M MEMO 012300 FDIC Assessment (on Avg Ledger) Per quarter 3.00 012 monthlY Return Check Notice Fax Per Item 5 INIC 100700 010000 Master Account Maintenance Fee Per account 1 10.00 100410 010000 Subsidiary Account Maintenance Fee Per account 1 10.00 400800 010021 ZBAAccount Maintenance Fee Per account /( 25.00 250000 010112 ZBA Account Transfers Per item 1 lC 010320 Account Research Fee Per hour Per accountloverall 25.00 Perhour 450020 Investment Sweep - Master Per account 25.00 1 25.00 Investment Sweep - Subsidiary Per account Account Analysis Electronic Form 25.00 Per account O 101 l0 Deposit Processing - Teller OTC Per deposit 135 1 C 010100 Debits Posted Per item 600 10 [Extended On -line Storage 010101 Credits Posted Per item 400 25 010703 Statements Rendered Per item NIC 150401 Telephone Inquiry Per item 50 Eight (8) free per statement clycle .50 thereafter 401003 1 Software Installation Fee One time 1C 100400 Return Items Per item 5.00 100402 Reolears Per item Subscription Fee 3.00 Per account 100430 Return Check Notice Fax Per Item 5 INIC 100700 Return Check Notice Internet Per item 5 �C Prior Day Balance Reporting 100410 eturnItem -Per Item Per item 5 30.00 on Sufficient item fee 400800 Extended Storage> 90 Days Per item /( 401003 1 Software Installation Fee One time 1C 400000 Monthly Maintenance Per account 1C 400699 Subscription Fee Per account NIC 100700 BalanceReportingModule Per account 1 IC Prior Day Balance Reporting Per aecount/month 1 IC 400002Intra -Day Reporting Per accountloverall NIC 250000 Positive Pay Module Per accountloverall 1 25.00 150410 Stop PayModule Per accountloverall 1 30.00 Charged per stop payment, no charge for module Wire Transfer Module Per accountloverall 1 25.00 Account Analysis Electronic Form Per account NIC 400001 Detail Item fee (all modules) Per item C 400800 [Extended On -line Storage Per item NIC 109999 Item Deposited Per item 100001 Banking Center Deposits Per item 450 05 10001A Night Drop Deposits Per item 8 25 100220 Check Deposited - On -us Items Per item 150 05 100224 Check Deposited - Transit Per item 300 .05 100228 Check Encoding Charge Per item 450 iC 100000 Branch Deposit - Immediate Verification Per item C 100007 Branch Post Verification Per item /C Page 1 CITY OF SCHERTZ ATTACHMENT A 2016 AEP IMonthly Maintenance (Base) Fee* Per month 1 AVG Unit Bank 150120 of fife -two day Service I 2 Unit Basis MO/ Explanatory Notes, as applicable Code* 300 /C VOL Charge Per item C go Per item M, MiS 001099 One -time setup or training fees Onetime 1 100.00 JC 001010 Monthly Maintenance Electronic Credits Permonth/site 300 25.00 001000 Monthly Equipment Leasing Per item Per month !C Scanner provided by bank ($740 Value) File Processing Per item /C _N/A 250120 ACH Addendum Record In/Out Per item /C 250302 ACH Returned items Per item 001010 Transit Items Per 7,500 C 1 001100 Remote Transmission -File 250502 Per 150 /C 1C 001110 Remote Transmission- Detail Notification Per item 7,500 /C 251050 Scanner Rental Per account Per month 6 /C Scanner provided by bank, to be returned at account closing. Fraud filter - Review - Base fee Per month 1 NIC 251053 Fraud filter -Review -Per item Per item I IJ/(- 100100 Cash Vault Base Fee Processing Fee Per item lC 100101 Standard Deposit Note Vault Per item /C CommercialDeposits - Vault /C Fed Ready Bags Per item 20 /C FT 00010 Full bag -loose coin Per item 2 25 00012 Plastic bag deposit Per item IC 100013 Partial bag ofloose coin Per item 2.25 100047 Minimum change order Per item C 100101 Coin Deposit Per deposit 10 /C 100144 Rolled Coin Furnished Per item 1 10 Per roil 100100 Currency deposit Per deposit lC 100102 Currency deposit Per item 20 /C 10004A Branch Order Currency Strap Per item i 60 Per strap 100500 Deposit Corrections Per item 1 00 100401 Special Handling - Base Charge or Item /c 250110 IMonthly Maintenance (Base) Fee* Per month 1 25.00 150120 of fife -two day Per file 2 /C On -Us two day Per item 300 /C rOrigination Originationperitem Per item C ACHDebit/Credits Originated Per item /C Electronic Debits Per item 25 JC Electronic Credits Per item 300 /C 250202 ACH Received item Per item 2 !C 250501 File Processing Per item /C 250120 ACH Addendum Record In/Out Per item /C 250302 ACH Returned items Per item .5 .00 250642 Deletions or Reversal charges Per item 1 /C 250502 Transmission Perftle 2 1C 250401 Notification Per iteni/file /C 251050 Fraud filter - Stop - Base fee Per account 1 IC 251050 Fraud filter - Review - Base fee Per month 1 NIC 251053 Fraud filter -Review -Per item Per item I IJ/(- 150030 IMonthly Maintenance (Base) Fee* Per month 1 25.00 150120 Positive Pay Posted Checks Per item 600 /C 150120 Positive Pay Rejects Per item 2 NIC 150410 Per item charge with Partial Recon Per item /C Page 2 CITY OF SCHERTZ ATTACHMENT A 2016 AFP Code* Service Unit Basis AVCr MO/ Vol. Unit Be,* Charge ExplanatoryNotes, as applicable 150122 Payee Name Verification Per item 600 IC 151100 Per item charge without Recon Per item 2 lC Additional fees may apply for international wires 151351 Image Capture Per Item Per item 600 /C Additional fees may apply for international wires 150100 Exception Notification Per item 600 NIC 150340 NSF Handling Fee Per item 600 /C 200201 Transmission Per item 1 XT /1- 200410 IMonthly Maintenance (Base) Fee* Per month 1 /C 151100 Monthly sort &list maintenance Per month 2 f C 151100 Serial sort and list Per item 2 lC Additional fees may apply for international wires 200020 Partial recon monthly maintenance Per account 1 /C Additional fees may apply for international wires 150100 Full Recon detail Per item 600 1 C 200120 Partial recon with positive pay per item 600 /C 200201 Transmissions Per transmission 1 (C 200201 Transmission detail Per item 600 /C 200401 Deposit Recon -Per Detail Per item 650 /C 200300 Addenda Reporting Per item NIC 200301 Output File Per item NT /C' 450000 IMonthly Maintenance Custody Per month 2 C 459999 Clearing fees Per item 2 IC 459999 FRB Per item 2 /C Additional fees may apply for international wires 459999 DTC Per item �C Additional fees may apply for international wires 450102 Securities Received/Del- DVP Per item: NIC 459999 Safekeeping Fees Per item NIC 450499 FRB Per item /C 450499 DTC Per item NIC 450111 Custody per CUSIP/ Holding Per CUSIP /C 450102 Custody fixed income Per item IC Income Collection to DDA 450102 come Collection- Coupons Per item 1 C 459999 come Collection - Maturities [come Per item /C 459999 Collection - Calls Per item Tlr 150420 1 Stop pays - Manual ' Per item 1 130,00 1 1 150410 Stop pays - Automated I Per item I 1 c o o n 350300 IMonthly Maintenance Per month 2 25.00 350300Incoming- Domestic Per item 2 10.00 350100 Outgoing- Repetitive -automated Per item 2 25.00 Additional fees may apply for international wires 350101 Outgoing - Non-Repetitive- automated Per item: 25.00 Additional fees may apply for international wires 350551 Repetitive Instruction Storage Per item IC 350124 Wire book Transfer Internet initiated Per item 25.00 350411 Wire Advices FaxedlMailed Per item 25.00 359999 BankInitAccountDebitTransfer Per Account Tl( Page 3 CITY OF SCHERTZ Int I"IMAh ation 2016 , use MonthYMit3Mee0despeecl7. Permonth 1 15.00 Chargeback Fee Peritem Q 00 card PEKtPMMNCE KNOWL EDGE RATING Visa CPS -2 (EmergingMarket) NAME: % 1cost 1111 DATE: Association assessment Service cost Explanatory Notes, as applicable an 1n ca e e 6 o Ong-term employment, if Is j b is cp (g by app ic to besfemp r i�'k .:; n �� ;5 °;t .},s�ryy;r cyi}}� t �?r✓ -.rs 2Y. i § �: 4 ., & ,S} } 4 ' f �"i' i'. ' .. � & i� ` 4' .?j '�_� ? ,.[,3y' $za kx�C"i `° .• Y Imaging Maintenance Intercharge % WMAL RATING• epproftiate ly inbutstiewer: Total cost per item CD ROM Se .. - Additional bank fee --0.05 $$ 0.05 MC Merit III Intercbarge % COSt As ocia ' n assessment °/a Rq °•,- ... w - NOR man" - A ditional bank fee $$ .05 MMM ,._ ..ifi ,�ay5v4xi.A0. urxfIlr} ... . ra= e'yt �...{: $ ��' -'� p M'S Interchange plus ,10 cents per transaction Collateral Pledge Report Visa (Non -PI) 1 1.05 .05 cents per transaction . .ef fb. :...LV. p"- r +.,r6' 7��3.5�1 iT . bits, • • • ppearance would ��'_.��?3'2- T�b..95�..}'Y.. ggu_w !:IiI �§E� - sS�..,•k�1, � �§!� a .�^e �i ,x �±' �. t��. b°F_ �e+�� s— � z?ku , 01 •�£'�� - • • %� a 5'"� � , use MonthYMit3Mee0despeecl7. Permonth 1 15.00 Chargeback Fee Peritem Q 00 card PEKtPMMNCE KNOWL EDGE RATING Visa CPS -2 (EmergingMarket) Interviewer Page 4 Date TMercluie -- — — -- -- ----- % 1cost 1111 Association assessment % cost t ,uc items as an 1n ca e e 6 o Ong-term employment, if Is j b is cp (g by app ic to besfemp r individual indicates a career in this card & esire . Visa CPS -2 (Emerging Market) Intercharge % WMAL RATING• epproftiate ly inbutstiewer: Total cost per item $$ Additional bank fee --0.05 $$ 0.05 MC Merit III Intercbarge % COSt As ocia ' n assessment °/a Total cost per item A ditional bank fee $$ .05 DebitCardproc ' g Visa1MC (P)N) $ Interchange plus ,10 cents per transaction Visa (Non -PI) 1 1.05 .05 cents per transaction Interviewer Page 4 Date CITY OF SCHERTZ ATTACHMENT A 2016 AFp AVG Unit Bank Service Unit Basis MO/ . Explanatory Notes, as applicable Code* Vol. Charge Intercharge % Cost Association assessment % cost Total cost per item $$ .0 .0 Additional bank fee $$ 0.05 MC (Non-PIN) Intercharge % Cost Association assessment % Cost Total cost per item $$ () Q5 Additional bank fee S$ .0 .05 Equipment Rent/Lease Terminal Per month Below fees depend upon which terminal City needs /wants Printer Per month IN pad Per month Check Reader Per month Imprinter Per month Software fee Per month 060001 Monthly Maintenance (Base) Fee Per month �C Processing -Per Item Per item /C 060320 ATM cash withdrawal Per item /C 060324 Cash advance OTC Per item /C 060403 ATM Balance Inquiry Per item C 010000 Overdraft Fee Per item /C Card origination Per item /C 060100 Enrollment Per card /C Notifications Per item /C 060101 Corrections Per item C 060220 Replacement Fee Per card /C Safe De osit Box /C Add additional fees as necessary. Schertz Bank & Trust offers the below in lieu of Account Analysis fees: If the City maintains a combined average collected balance (checking and certificates of deposit) of $500,000.00, then there will be no Account Analysis fee charged to the account, however there could be vendors' costs, i.e.: Merchant Card Services, etc. Page 5 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1.295 10f1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016 -95223 Date Filed: 08/04/2016 Date Acknowledged: 08/05/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Schertz Bank & Trust Schertz, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Schertz 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 741469344 Depository 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Schertz Bank & Trust Schertz, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 ei 10um City Council March 10, 2020 Meeting: Department: Public Works Agenda No. 5. Subject: Resolution No. 20 -R -28 - Consideration and/or action approving a Resolution authorizing an Interlocal Agreement Amendment between the San Antonio River Authority and the City of Schertz, Texas for Wastewater transportation treatment and disposal. (C. Kelm /S. Williams /J. Hooks) BACKGROUND The City of Schertz and the San Antonio River Authority entered into an agreement on March 24, 2015 for transportation, treatment and disposal of wastewater from the Reserve at Schertz subdivision and various properties in southern Schertz. The City of Schertz agrees to accept and transport wastewater from other areas outside the City limits operated by San Antonio River Authority; transport wastewater through lines owned and maintained by the City; and return the wastewater back to the San Antonio River Authority. GOAL To partner with San Antonio River Authority for the safe transportation of wastewater in the southern Schertz service area. COMMUNITY BENEFIT To provide wastewater transportation to residents in southern Schertz and surrounding areas. SUMMARY OF RECOMMENDED ACTION Recommend approval of Inter local Agreement Amendment between City of Schertz and San Antonio River Authority. FISCAL IMPACT No Fiscal Impact Recommend approval of Inter local Agreement Amendment between City of Schertz and San Antonio River Authority. Attachments Resolution 20 -R -28 ILA and map RESOLUTION NO. 20 -R -28 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AN INTERLOCAL AGREEMENT AMENDMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE SAN ANTONIO RIVER AUTHORITY FOR SEWAGE TRANSPORTATION, TREATMENT AND DISPOSAL IN SOUTHERN SCHERTZ AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City amend an Interlocal Agreement with San Antonio River Authority for Sewage Transportation, Treatment, and Disposal; and WHEREAS, Chapter 791 of the Texas Government Code, as amended, titled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performance of governmental functions and services; WHEREAS, the San Antonio River Authority holds the Certificate of Convenience and Necessity for Sewer Service in the Southern. Schertz area; and WHEREAS, the staff of the City of Schertz has met with the San Antonio River Authority and negotiated the terms of the Amended Interlocal Agreement; and WHEREAS, the City of Schertz holds a dual Certificate of Convenience and Necessity with the Public Utility Commission; and WHEREAS, one of the requirements of the dual Certificate of Convenience and Necessity with e Public Utility Commission is an Interlocal Agreement between the City of Schertz and San Antonio River Authority; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the Interlocal Agreement with the San Antonio River Authority for Sewage Transportation, Treatment, and Disposal attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the San Antonio River Authority. 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 10th day of March, 2020. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A ' !' w AMENDMENT NUMBER 4 TO THE INTERLOCAL AGREEMENT BETWEEN STATE OF TEXAS § THE SAN ANTONIO RIVER AUTHORITY § AND THE CITY OF SCHERTZ, TEXAS, FOR WASTEWATER TRANSPORTATION, COUNTY OF BEXAR § TREATMENT AND DISPOSAL This Amendment No. 4 (the "Amendment "), is made and entered into as of the 18th day of March, 2020, by and between the City of Schertz, a Texas municipal corporation (hereinafter referred to as "CITY "), and the San Antonio River Authority, a conservation and reclamation district (hereafter referred to as "RIVER AUTHORITY ") headquartered in San Antonio, Texas. WHEREAS, the RIVER AUTHORITY and CITY entered into an Interlocal Agreement effective as of March 24, 2015 (the "Agreement ") providing that the RIVER AUTHORITY shall transport, treat and dispose of the wastewater of CITY, a wholesale customer of the RIVER WHEREAS, the CITY desires to serve the geographic area supported by RIVER AUTHORITY and RIVER AUTHORITY is willing and able to provide such services; and NOW, THEREFORE, the PARTIES hereto, in consideration of the mutual AGREEMENTS and undertakings hereinafter set forth, hereby contract and agree as follows: CITY and RIVER AUTHORIITY agree to amend the Agreement as follows: Section II is amended to add the following: CITY agrees to continuously accept sewage from RIVER AUTHORITY at the Point of Entry along Boenig Drive as identified EXHIBIT A — Revised. EXHIBIT A to the Agreement is deleted in its entirety and replaced with the attached new EXHIBIT A- Revised. IN WITNESS WHEREOF, the PARTIES hereto, acting under the authority of their respective governing bodies, have caused this contract to be duly executed in several counterparts, each of which, shall constitute an original, as of this 18th day of March, 2020. Page 1 of 2 SAN ANTONIO RIVER AUTHORITY Suzanne B. Scott, General Manager Stephen T. Graham, Assistant General Manager Allison Elder, Director of Legal Services CITY OF SCHERTZ, TEXAS Name: Mark Browne Title: City Manager Name: Title: Page 2 of 2 EXHIBIT A REVISED Discl -md The GIS material included with this transmittal is made available as a public 1 300 650 0 1 300 Feet service, The maps and /or data are to be used for reference purposes only 7 The data herein shall be used and relied upon only at the user's sole risk, and the user agrees to indemnify and hold harmless the San Antonio River Authority, its officials and employees from any liability arising out of the use of the data or information provided. If there are any questions about the appropriateness of this data, please email saragis @sara- tx.org. ei Olum City Council March 10, 2020 Meeting: Department: City Secretary Agenda No. 6. Subject: Resolution No. 20 -R -29 - Consideration and /or action approving a Resolution amending the Schertz /Seguin Local Government Corporation (SSLGC) Fiscal Year 2019 -2020 Annual Budget. (C. Kelm /S. Williams) On June 25, 2019, City Council approved Resolution No. 19 -R -77 the Schertz /Seguin Local Government Corporation Fiscal Year 2019 -2020 Annual Budget. On February 20, 2020, the Schertz /Seguin Local Government Corporation approved Resolution #SSLGC R20 -03 amending their budget in the Amount of $31,147 to re- appropriate funds for the purchase of a truck that was lost in FY2019 due to a grass fire. The truck was ordered in July 2019, but not received until after October 1, 2019. The Board of Directors of the Schertz /Segun Local. Government Corporation found this budget adjustment is required because of unanticipated changes and unforeseen conditions. GOAL To approve the amended Schertz /Seguin Local Government Corporation budget amendment for Fiscal Year 2019 -2020. COMMUNITY BENEFIT To provide the lowest cost for vehicle replacement purchased for the Schertz /Seguin Local Government Corporation (SSLGC) to help ensure the highest level of service of providing water to Schertz residents and businesses. SUMMARY OF RECOMMENDED ACTION Staff recommends approval of the Resolution amending the Schertz /Seguin Local Government Corporation Fiscal Year 2019 -2020 Annual Budget to re- appropriate funds for the purchase of a truck lost in FY2019 due to a grass fire. Costs associated with purchasing this truck will be paid for out of the appropriate funds of The Schertz /Seguin Local Government Corporations budget. Approval of Resolution No. 20 -R -29. Attachments SSLGC R20 -03 2019 -2020 Approved budget summary Resolution 20-R-29 Attachment A A RESOLUTION AMENDING THE FISCAL YEAR 2020 SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION BUDGET. FMIT4=1 . # It * I - Capital Outlay Transportation-Vehicles 063-5500-707100 I SSLG OperatinR Fund Non-Departmental I To re-appropriate funds for the purchase of truck that was lost in FY19 due to a grass fire. The truck was ordered in July 2019, but not received until after October 1, 2019. The Board of Directors of the Schertz-Seguin Local Government Corporation finds that these budget adjustments 1111111111111111111111111 11 = Wmlszsmm 9 MW -11111 11 11 1 PASSED AND ADOPTED BY T14E BOARD OF DIRECTORS OF THE SCHERTZ-SEGUIN LOCAL GOVERNMENT CORPORATION, on this the 20th day of February, 2020. mums Acrtary' N NMEM= n 2019 -20 Budget - SSLGC Expenses FY 2018 FY 2019 FY 2019 FY 2019 FY 2020 Actual Budget 03/31/19 Estimates Budget 063 - SSLGC OPERATING DEPT. 55 - SSLGC 11 - Salaries 063 - 5500 - 110100 Regular Salaries 757,915.75 803,838.00 274,617.22 803,838.00 901,573.00 063 - 5500 - 112000 Overtime /On Call 34,892.61 40,000.00 19,246.12 40,000.00 80,500.00 11- Salaries Totals: 792,808.36 843,838.00 293,863.34 843,838.00 982,073.00 12 - Benefits 063 - 5500 - 121000 Payroll Taxes 58,956.04 64,554.00 21,89110 64,554.00 75,129.00 063 - 5500 - 122000 Retirement 159,719.21 184,864.00 64,047.42 184,864.00 220,181.00 063 - 5500 - 123000 Health Insurance 106,930.43 111,572.00 42,623.82 111,572.00 114,283.00 063 - 5500 - 123100 Life Insurance 2,122.47 1,070.00 433.18 1,070.00 1,070.00 063 - 5500 - 124000 Workers' Compensation 6,718.60 15,488.00 3,714.93 15,488.00 10,170.00 12 - Benefits Totals: 334,446.75 377,548.00 132,711.45 377,548.00 420,833.00 32 - Professional Services 063 -5500- 320500 Professional Services 25,260.15 22,800.00 12,760.02 22,800.00 76,200.00 063 - 5500 - 321000 Annual Audit 13,800.00 15,000.00 0.00 11,835.00 15,000.00 063 - 5500- 321200 Consultant Services 126,161.83 161,000.00 59,639.13 104,550.00 86,500.00 063 -5500- 321500 Attorney Fees 65,080.24 60,000.00 14,634.61 20,500.00 50,000.00 063 - 5500- 321600 Landfill Opposition 142,099.89 200,000.00 3,813.01 3,813.00 10,000.00 063 -5500- 323500 Solid Waste Contract 2,127.51 2,400.00 1,274.94 2,400.00 3,000.00 32 - Professional Services Totals: 374,529.62 461,200.00 92,121.71 165,898.00 240,700.00 34 - Technical Services 063 - 5500 - 342100 Gonzales Underground Water District 93,775.73 91,000.00 100,435.70 93,000.00 100,000.00 063 - 5500 - 342400 GCGCD Permit Fee 148,686.84 148,000.00 87,960.32 174,700.00 174,000.00 063 -5500- 342500 GCUWCD Mitigan Fund Pymt 112,921.56 166,000.00 0.00 69,149.00 75,000.00 063 - 5500- 343000 Testing /Inspection Fees 16,604.56 25,000.00 8,760.10 16,000.00 22,400.00 34 - Technical Services Totals: 371,988.69 430,000.00 197,156.12 352,849.00 371,400.00 41- Utilities Services 063-5500-411000 Electric 1,796,199.76 2,000,000.00 796,50832 1,700,000.00 2,250,000.00 063 -5500- 412000 Water 835.77 1,300.00 328.23 670.00 800.00 063 -5500- 413000 Sewer 656.56 1,000.00 344.16 700.00 800.00 063 -5500- 414000 Gas - Centerpoint 879.59 1,000.00 557.66 900.00 1,000.00 063 - 5500- 415000 Telephone Service 428.87 500.00 317.47 296.00 0.00 063 - 5500 - 415100 Long Distance 0.00 100.00 0.00 0.00 0.00 063 - 5500- 415200 Telephone- Mobile Phone 3,887.51 4,257.00 1,829.95 4,257.00 5,000.00 063 -5500- 415300 Internet Access 2,499.96 2,500.00 1,249.98 2,500.00 2,500.00 41- Utilities Services Totals: 1,805,388.02 2,010,657.00 801,135.77 1,709,323.00 2,260,100.00 43 - Repair and Maintenance 063 - 5500 - 431100 Office Maintenance- Equipment 0.00 2,500.00 0.00 0.00 0.00 063-5500-431200 Office Maintenance- Computer 0.00 0.00 0.00 0.00 11,155.00 063 -5500- 432100 V &E Maint. -Motor Vehicles 10,718.33 14,000.00 4,286.40 9,000.00 14,000.00 063 - 5500- 432200 V &E Maint.- Machine & Tool 5,640.93 20,000.00 1,268.07 10,000.00 20,000.00 063 -5500- 432300 V &E Maint. -Heavy Equipment 227.01 20,000.00 2,747.24 4,125.00 15,000.00 063 - 5500- 432400 V &EMaint.- Communications 18,158.81 30,000.00 13,250.75 30,000.00 31,000.00 063 -5500- 432500 V &E Maint. -Pumps & Motors 110,991.80 200,000.00 37,167.84 175,000.00 250,000.00 063 -5500- 433000 Buildings Maintenance 10,895.68 20,000.00 29,965.52 20,000.00 20,000.00 063 -5500- 434601 L &I Maint. -WATER System 135,479.80 125,000.00 14,225.02 78,000.00 127,500.00 063 - 5500- 436000 Property Maintenance 5,616.38 4,000.00 2,404.82 4,000.00 4,000.00 43 - Repair and Maintenance Totals: 297,728.74 435,500.00 105,315.66 330,125.00 492,655.00 44 - Rental 063 - 5500 - 441000 Equipment Rental 6,877.54 10,000.00 1,846.00 10,000.00 10,500.00 FY 2018 FY 2019 FY 2019 FY 2019 FY 2020 Actual Budget 03/31/19 Estimates Budget 063 -5500- 443500 Water Leases 2,479,889.29 2,500,000.00 1,280,484.59 2,500,000.00 2,603,000.00 44 - Rental Totals: 2,486,766.83 2,510,000.00 1,282,330.59 2,510,000.00 2,613,500.00 52 - Insurance 063 -5500- 521000 Building /Auto Liability 63,911.59 66,000.00 87,800.00 118,432.00 117,000.00 52 - Insurance Totals: 63,911.59 66,000.00 87,800.00 118,432.00 117,000.00 54 - Advertising 063 -5500- 541000 Publication of Notices 1,639.00 2,000.00 964.00 2,000.00 2,500.00 54 - Advertising Totals: 1,639.00 2,000.00 964.00 2,000.00 2,500.00 61- General Supplies 063 -5500- 611000 Office Supplies 3,097.61 4,000.00 2,511.92 3,800.00 6,500.00 063 -5500- 612000 Postage 1,001.20 1,000.00 843.00 1,000.00 1,300.00 063 - 5500 - 613000 Operating Supplies 4,563.35 7,000.00 4,649.77 7,000.00 8,000.00 063 -5500- 613300 Chemicals 464,810.65 525,000.00 201,006.79 460,000.00 525,000.00 063 - 5500- 613500 Laboratory Supplies 10,012.56 10,000.00 2,450.45 10,000.00 10,500.00 063 -5500- 614300 Safety Supplies 1,099.88 7,800.00 419.55 7,800.00 1,300.00 063 - 5500- 616000 Uniforms 4,541.37 5,000.00 3,454.12 5,000.00 5,000.00 063 -5500- 618000 Minor Tools and Equipment 2,717.19 5,000.00 402.95 5,000.00 6,500.00 61- General Supplies Totals: 491,843.81 564,800.00 215,738.55 499,600.00 564,100.00 62 - Energy and Fuel 063 - 5500 - 621000 Gasoline 17,123.65 17,000.00 7,364.12 19,500.00 17,000.00 62 - Energy and Fuel Totals: 17,123.65 17,000.00 7,364.12 19,500.00 17,000.00 65 - Miscellaneous 063 -5500- 655100 Employee Recognition 0.00 6,000.00 5,644.95 6,000.00 2,000.00 65 - Miscellaneous Totals: 0.00 6,000.00 5,644.95 6,000.00 2,000.00 66 - Education 063 - 5500 - 661000 Seminar Tuition 5,305.00 12,000.00 2,776.95 10,000.00 15,700.00 063 - 5500 - 662000 Certification Fees 1,350.00 1,900.00 1,248.00 1,900.00 2,000.00 063 -5500- 665000 Travel and Lodging 2,772.58 3,000.00 7,307.33 3,000.00 9,000.00 063 - 5500- 665500 Meals 2,179.10 2,500.00 370.65 2,500.00 1,500.00 063 -5500- 666000 Dues 1,461.00 1,850.00 0.00 1,850.00 3,400.00 063 - 5500- 667000 Subscriptions 325.00 300.00 50.00 300.00 200.00 66 - Education Totals: 13,392.68 21,550.00 11,752.93 19,550.00 31,800.00 67 - Public Relations 063 -5500- 671000 Public Relations 6,648.76 7,000.00 3,579.56 5,000.00 5,000.00 67 - Public Relations Totals: 6,648.76 7,000.00 3,579.56 5,000.00 5,000.00 70 - Capital Outlay 063 -5500- 706100 Mach. & Equip.-Office 3,233.76 11,500.00 6,241.80 11,000.00 15,000.00 063 -5500- 706500 Machine & Equipment -Small Equipm, 0.00 0.00 0.00 0.00 10,500.00 063 - 5500- 707100 Transportation - Vehicles 0.00 1,500.00 0.00 0.00 0.00 70 - Capital Outlay Totals: 3,233.76 13,000.00 6,241.80 11,000.00 25,500.00 82 - Intragvrmmntl. Transfers 063 -5500- 825700 Rate Stabilization Fund 250,000.00 250,000.00 125,000.00 250,000.00 0.00 063 -5500- 826100 Repair & Replacement Fund 600,000.00 600,000.00 300,000.00 600,000.00 600,000.00 063 - 5500- 826200 Future Development Fund 500,000.00 500,000.00 250,000.00 500,000.00 375,000.00 82 - Intragvrmmntl. Transfers Totals: 1,350,000.00 1,350,000.00 675,000.00 1,350,000.00 975,000.00 98 - Depreciation 063 -5500- 984500 Depreciation / SSLGC 98 - Depreciation Totals: 55 - SSLGC Totals: 063 - SSLGC OPERATING DEPT. Totals: FY 2018 Actual 3,240,324.63 FY 2019 Budget 0.00 FY 2019 03/31/19 0.00 FY 2019 Estimates 0.00 FY 2020 Budget 0.00 3,240,324.63 0.00 0.00 0.00 0.00 11,651,774.89 9,116,093.00 3,918,72055 8,320,663.00 9,121,161.00 11,651,774.89 9,116,093.00 3,918,720.55 8,320,663.00 9,121,161.00 RESOLUTION NO. 20 -R -29 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A BUDGET AMENDMENT TO THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION FISCAL YEAR 2019 -2020 ANNUAL BUDGET, AND OTHER MATTERS IN CONNECTION THEREWITH. (SSLGC RESOLUTION #SSLGC R20 -03) WHEREAS, the Schertz Seguin Local Government Corporation (SSLGC) is a corporation for the provision of and transportation of water wholly owned by both the City of Schertz and the City of Seguin; and WHEREAS, SSLGC By -Laws require that the corporation establish an annual budget and said annual budget must be approved by the SSLGC Board of Directors and both the City of Schertz and the City of Seguin; and WHEREAS, the SSLGC's FY2019 -2020 Annual Budget was approved by City Council on June 25, 2019; and WHEREAS the proposed budget amendment for FY 2019 -2020, provided herein as Attachment A, has been approved by the SSLGC Board of Directors at their regularly scheduled February Board Meeting; and WHEREAS, the City staff of the City of Schertz (the "City ") recommends that the City approve the Schertz /Seguin Local Government Corporation Fiscal Year 2019 -20 Amended Annual Budget; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the budget to ensure that the citizens and businesses of Schertz continue to receive excellent and vital water service. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the approval of the Schertz /Seguin Local Government Corporation Fiscal Year 2019 -20 Amended Annual Budget. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person . or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this :Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this IOth day of February 2020. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) ei 10um City Council March 10, 2020 Meeting: Department: Executive Team Agenda No. 7. Subject: Resolution No. 20 -R -26 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas approving requests for Schertz Main Street Local Flavor Economic Development Grants for 403, 405, 533 and 619 Main Street. (.B. James) BACKGROUND The owner of the property at 403 Main Street along with a tenant of that property, 405 Main Street are applying for Local Flavor Grants. While the tenant spaces have different addresses it is considered one property. The grant for 403 Main is for additional electrical work, the cost of which is estimated to total $13,954 - thus the grant match would be for up to $6,977.403 Main is the Highlander Center which houses the Coin Laundry and Uhaul Rentals. The grant for the tenant at 405 Main is for signage, the cost of which is estimated total $748.94 withe the grant match for up to 374.47. This tenant has recently moved a beauty salon in the space. The City Council already approved a Local Flavor Main Street Grant on February 11, 2020 for electrical work the total cost of which was estimated to be $1,500 with the grant match for up to $750. The total Local Main Street Grant allowed in a year is no more than $20,000. The total of all 3 of these grant is $8,101.47. The owner of the property at 619 Main. Street is applying for a Main Street Local Favor Grant. He plans to convert the structure to a business and is applying for the full $20,000 for a variety of eligible improvements if he makes at least $40,000 in improvements. Lastly, the owner of the Bar House at 533 Main is applying for a Main Street Local Flavor Grant for up to $20,000 to continue to make improvements to the property. He has applied for and received grants previously, but is has not this year and so is eligible to apply. As with many property owners he is phasing the improvements. He is eligible for the $20,000 if he spends up to $40,000. GOAL Promote and enhance commercial activity along Main Street 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 the inducement of public money to promote local economic development and stimulate business and commercial activities in the City. COMMUNITY BENEFIT Encourage the attraction of small businesses that will 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. 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 to local businesses. SUMMARY OF RECOMMENDED ACTION Staff recommends approval of Resolution 20 -R -26 approving Schertz Main Street Local Flavor Economic Development Grants for up to $6,977 for 403 Main, $374.47 for 405 Main, $20,000 for 619 Main and $20,000 for 533 Main. 191 f►Y4M 01►I I AVON Up to $47,351,47 for all of the grants. RECOMMENDATION Approval of Resolution 20 -R -26. Attachments Res 20 R 26 Funding Agreement RESOLUTION NO. 20 -R -26 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A REQUEST FOR A SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOMENT GRANT FOR 403 MAIN, 405 MAIN, 533 Main AND 619 MAIN STREET IN THE CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH WHEREAS, The City of Schertz desires to protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners and incentive for protecting their property; and WHEREAS, the City of Schertz desires to encourage the attraction of small businesses that will create local charm and help develop a sense of place in and around Main Street; WHEREAS, the City of Schertz desires to stabilize and improve property values; and WHEREAS, 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 WHEREAS, 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. WHEREAS, the City Council approved the Schertz Main Street Local Flavor Economic Development Grant; WHEREAS, staff is in support of this program and recommended approval of the grant request for 403 Main for up to $374.47, 405 Main for up to $6,977, 533 Main for up to $20,000 and 619 Main Street for up to $20,000; NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the Schertz Main Street Local Flavor Economic Development Grant request for 403 Main, 405 Main, 533 Main and 619 Main Street subject to the approved criteria of the program and execution of a funding agreement generally as outlined in Exhibit "A ". Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which. this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 10th day of March, 2020. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Exhibit A STATE OF TEXAS § COUNTY OF BEXAR § SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOPMENT PROGRAM FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND FOR EXPENDITURE OF HOTEL OCCUPANCY TAX FUNDS This Hotel Tax Funding Agreement (AGREEMENT) is made and entered into by and between the City of Schertz, Texas (CITY) and (ENTITY). WHEREAS, the ENTITY has developed a proposal to (the "Project"); and WHEREAS, Section 380.001 of the Tei governing body of a municipality to establish programs to promote state and local econ( commercial activity in the municipality; and WHEREAS, the Schertz Main Str intended to encourage and expansion and a develop a sense of place in and around Mair improve property values, foster civic pride, Street area to residents and visitors, and WHEREAS, funding for Program will be provided annual] city Street the community; S Government Code, as amended, allows the ide for the administration of one or more -IoDment and to stimulate business and . Economic Development Program is iesses that create local charm and help commercial development, stabilize and enhance the attractiveness of the Main Street Local Flavor Economic Development General Fund; and ocal Flavor Economic Development Program will , and promote economic development in the Main the area around Main Street in Schertz once served as commercial and social hub of WHEREAS, the City seeks to improve the image of the area around Main Street through restoration and rehabilitation of structures in the Main Street area to serve as a commercial, social, cultural and tourism hub of the City; and WHEREAS, the City Council of the City of Schertz desires to provide funds to i (ENTITY). NOW, THEREFORE, it is mutually agreed by and between the CITY and ENTITY as follows: GENERAL, PROVISIONS Section 1. Purpose. The purpose of this Agreement is to provide funding to the ENTITY for the project identified in the attached Exhibit "A" (the "Project "), the intent of which is to promote state and local economic development and to stimulate business and commercial activity in the municipality 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. Section 2. Obligation of the ENTITY. The ENTITY shall use all of the awarded funds provided by the CITY in accordance with Chapter 351 of the Texas Tax Code, the ENTITY'S funding application, and the attached Exhibit "A ". Section 3. Reporting Requirements of the ENTITY. The ENTITY shall deliver a detailed accounting of the expenditures for the Project within thirty (30) days after completion of the Project (the "Post Event Report "). The Post Event Report shall include copies of receipts and other documents establishing the expenditures for the project. The CITY shall not snake reimbursements for expenditures where no receipt or invoice is provided. Partial or incomplete reports will not be accepted. Section 4. Authorization of Paym compliance with the terms of this AGREEMl (50 %) of the Project. The Project is estir $ Payment will be made within Report. Partial or ii Tax Code and this their Section 6. Rights. ' records of the ENTITY that expenses, has the right to con Section 7. Term. The AGREEMENT shall tei whichever occurs first. not be Subject to the ENTITY'S satisfactory performance and the CITY agrees" to pay the ENTITY up to fifty percent to be $ and fifty percent of which is -five (45) days of acceptance of the complete Post Event cepted. Only expenditures that meet Chapter 351 of the arced. wishing to appeal the decision of the CITY must present ays of funding denial. City of Schertz has the right, at any time, to inspect the books or relate to performance of this AGREEMENT. The CITY, at its sole n audit of the ENTITY or Project. 3REEMENT shall become effective as of the date entered below. one year from its effective date or once the terms have been met, Section 8. Indemnification. The ENTITY agrees to defend, indemnify and hold harmless the CITY, its officers, agents and employees, against any and all claims, lawsuits, judgments, cause of action, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the ENTITY's breach of any of the terms or provisions of this AGREEMENT, or by any negligent act or omission of the ENTITY, its officers, agents, servants, employees, contractors, or subcontractors, in the performance of this AGREEMENT; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the CITY, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the ENTITY and the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph 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. Both parties expressly agree that this AGREEMENT does not assign any responsibility for civil liability to the City of Schertz that may arise by virtue of this AGREEMENT. Section 9. Termination. A party may terminate this AGREEMENT in whole or in part if the other party fails to comply with a term of the AGREEMENT, including the inability of the ENTITY to conform to any change required by federal, state or local laws or regulations; or for the convenience of either party. The terminating party shall provide written notification to the other party of the decision to terminate this AGREEMENT within thirty (30) days before the effective date of termination. A party may terminate the AGREEMENT for breach of any provision of this AGREEMENT, upon written notice of the breach and the breaching party shall have ten (10) days after receipt of the written notice in which to cure the breach to the satisfaction of the non - breaching nartv. Section 10. Notice. All notices required or permitted under this AGREEMENT shall be in writing and shall be delivered in person or mailed as follows: to the CITY at: City of Schertz Attention: City 1400 Schertz Pz Schertz, TX 781 (210) 61.9 -1000 MISCELLANEOUS Section 11. Entire Agreement. This AGREEMENT constitutes the entire agreement of the parties regarding the subject matter contained herein. The parties may not modify or amend this AGREEMENT, except by written agreement approved by the governing bodies of each party and duly executed by both parties. Section 12. Approval. This AGREEMENT has been duly and properly approved by each party's governing body and constitutes a binding obligation on each party. Section 13. Assignment. Except as otherwise provided in this AGREEMENT, a party may not assign this AGREEMENT or subcontract the performance of services without first obtaining the written consent of the other party. Section 14. Non - Waiver. A party's failure or delay to exercise right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this AGREEMENT does not preclude the exercise of another right or remedy. Rights and remedies under this AGREEMENT are cumulative and are not exclusive of other rights or remedies provided by law. Section 15. Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this AGREEMENT or any section thereof. Section 16. Attorney fees. In any lawsuit concerning this AGREEMENT, the prevailing party shall be entitled to recover reasonable attorney's fees from the nonprevailing party, plus all out -of- pocket expense such as deposition costs, telephone, calls, travel expenses, expert witness fees, court costs, and their reasonable expenses, unless otherwise prohibited by law. Section 17. Severability. The parties; agree that in the event any provision of this AGREEMENT is declared invalid by a court of competent jurisdiction that part of the AGREEMENT is severable and the decree shall not affect the remainder of the AGREEMENT. The remainder of the AGREEMENT shall be in full force and effect. Section 18. Venue. The parties by the laws of the State of Texas and ve Section 19. Certificate of for liability and worker's compen its self - insured status before any insurance herein mentioned to be ENTITY. AG CITY OF SCHER City Manager r:I City Secretary 3S HEREOF, effective this disputes that arise of this AGREEMENT are governed irposes herewith shall be in Milam County, Texas. once. The ENTITY agrees to provide a certificate of insurance insurance or letter of self- insurance on its letterhead indicating awarded funding under this AGREEMENT. The cost of the d and maintained by the ENTITY shall be borne solely by the and ENTITY make and execute this of 20 ENTITY (Title) (Title) [Describe the project to be performed] PAGE 5 OF 5 Agenda No. 8. ei IRIUM City Council March 10, 2020 Meeting: Department: City Secretary Subject: Boards, Commissions and Committee Member Appointments - Consideration and /or action appointing Mrs. Beverly Clarke for the remaining term of Letticia Sever as a regular member on the Library Advisory Board and appointing Earl Platt as an alternate for Planning and Zoning Commission. (Mayor /Council /B. Dennis) BACKGROUND Library Director Melissa Uhlhorn is good with moving Mrs. Beverly Clarke from the alternate position to the regular board member position. The interview committee has confirmed Earl Platt as a good candidate for the Planning and Zoning Commission alternate position. Staff recommends the appointment of Mrs. Beverly Clarke for the regular board member on the Library Advisory Board and Earl Platt for alternate position on Planning and Zoning Commission. Agenda No. 9. ei 10UM City Council March 10, 2020 Meeting: Department: Engineering Subject: Resolution No. 20 -1t -25 - Consideration and/or action approving a Resolution authorizing expenditures with Kimley -Horn Associates, Inc., totaling no more than $200,000.00 for professional engineering - related services on the 2020 SPAM resurfacing project and other minor projects during the 2019 -2020 fiscal year, and other matters in connection therewith. (B. James /J. Nowak) During the FY 19 -20 Budget Workshop, staff presented a list of project areas for the 2020 Street Preservation and Maintenance (SPAM) Program. The program areas consisted of three different lists: "Preservation" for a new street surface; "Rehabilitation/Reconstruction" for streets that need more work; and "Added Capacity" for new or expanded streets identified in the Roadway Capital Improvements Plan. Resolution 20 -R -25 is related to the "preservation" portion of the SPAM Program. The planned "preservation" list would add a new surface (chip seal or slurry seal) on the street sections in the following subdivisions: Aviation Heights Mesa Oaks Dove Meadows /Silvertree Dove Meadows (east of channel) Schertz Forest Val Verde Westland Park Parkland Village Northcliffe Country Club Estates Fairways at Scenic Hills Ashley Place Savannah Square Oak Forest Plans and specifications will be created for all the above listed areas. Staff worked with one of our On -Cali Engineering Firms, Kimley -Horn and Associates, Inc. (Kimley -Horn) to develop a scope of work for the necessary field investigation, design, bid package creation, and minor construction phase services for the proposed project. Once the bid package is created, the project will be bid and council will be asked to award a construction contract. Estimated 2020 Street Preservation and Maintenance Resurfacing Engineering and Professional Services 1$135,000* Construction (Estimated) • 111 Resurfacing Project Total 1$1,996,000 * Amount is a not -to- exceed amount and equals Task Order amount plus a 10% contingency. This year, Kimley -Horn, as one of the City's on -call Engineering firms, has been assigned a task order in the amount of $15,960 for design of an elevated sidewalk. Kimley -Horn may also be assigned other, small tasks for other city efforts. Staff requests that Council authorizes an additional not -to- exceed amount to allow for other, small tasks (each less than $50,000) to be assigned to Kimley -Horn without another resolution. Staff suggests that the not -to- exceed amount be as follows: TOTAL Not -to- Exceed Amount with Kimley -Horn $200,000 GOAL To obtain authorization from City Council to execute an agreement with Kimley -Horn to provide professional engineering - related services for $135,000, and to authorize a not -to- exceed amount of $200,000 for other, small projects the City may need completed in addition to this contract for professional services. COMMUNITY BENEFIT The professional engineering - related services will confirm, and in some cases identify, the most appropriate street maintenance activities for the list of streets in the project. The services will provide for the creation of the project bidding documents and bid result analysis, allowing the project to move forward more quickly, completing the maintenance activities this year. Completion of the maintenance activities will improve the street conditions of the streets in the project, benefiting motorists, and avoiding having to completely reconstruct the roadways at a higher unit cost in the future. SUMMARY OF RECOMMENDED ACTION Council approval of a Resolution authorizing additional expenditures with Kimley -Horn, totaling no more than $200,000.00 for professional engineering - related services for the 2020 SPAM Resurfacing project and other, small task order projects. 1l_' Funding for the professional services agreement for the 2020 SPAM Resurfacing Project will be paid from bond sale proceeds authorized by the City for this purpose. Funding for other tasks associated with the authorized not -to- exceed amount will be determined as appropriate for each task. Proper procedures for any necessary budget adjustments will be followed prior to any work being authorized. RECOMMENDATION Staff recommends that Council approves Resolution 20 -R -25 authorizing expenditures with Kimley -Horn, totaling no more than $200,000.00 for professional engineering - related services for the 2020 SPAM Resurfacing project and other, small task order projects. Attachments Resolution 20 -R -25 Exhibit A to 20 -R -25 RESOLUTION NO. 20 -R -25 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPEDITURES WITH KIMLEY- HORN ASSOCIATES, INC., TOTALING NO MORE THAN $200,000, FOR PROFESSIONAL ENGINEERING- RELATED SERVICES ON THE 2020 SPAM RESURFACING PROJECT AND OTHER MINOR PROJECTS DURING THE 2019 -2020 FISCAL YEAR, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City requires professional services relating to engineering and design for the 2020 SPAM Resurfacing Project; and WHEREAS, City staff has determined that Kimley -Horn and Associates, Inc. (Kimley - Horn) is uniquely qualified to provide such services for the City; and WHEREAS, City staff has determined that Kimley -Horn is uniquely qualified to provide engineering and design services for various small projects ( <$50,000) for the City; and WHEREAS, Kimley -Horn is an approved On -Call Engineering Firm for the City of Schertz; and WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Kimley -Horn pursuant to the On -Call Task Order Agreement attached hereto as Exhibit A (the "Agreement ") and to authorize future Task Order Agreements up to a maximum total aggregate amount of $200,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Task Order Agreement with Kimley -Horn in accordance with their approved Master Agreement in substantially the form set forth on Exhibit A in the amount of $135,000.00 and authorize the City Manager to execute and deliver other Task Order Agreements for various projects in a not to exceed total aggregate amount of $200,000.00. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 10th day of March, 2020. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50077397.1 EXHIBIT A SERVICES AGREEMENT 50077397.1 A -1 Task Order TASK ORDER FORM This is Task Order No. 2 , consisting of 14 pages. [NOTE TO USER: Modify as to scope, compensation, schedule, and other key items.] In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services — Task Order Edition, dated [ October 17, 2019 ) ( "Agreement "), Owner and Engineer agree as follows: 1. Background Data a. Effective Date of Task Order: b. Owner: The City of Schertz C. Engineer: Kimley -Horn & Associates, Inc. d. Specific Project (title): 2020 Roadway Improvements Specific Project (description): Work associated with this project is associated with the City's Street Maintenance & Preservation Program. Kimley -Horn will assess approximately 135 streets totaling nearly 27 centerline miles, identify base repair and overall chip seal quantities, prepare limited construction drawings and contract documents, assist the City with project advertisement and Contractor selection, and provide limited construction phase services 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are: ■ as follows: f Reference Engineer scone and fee proposal dated Janu;ary 29. 2020 l B. Resident Project Representative (RPR) Services: Does Not Apply C. Designing to a Construction Cost Limit: Does Not Apply D. Other Services: None E. All of the services included above comprise Basic Services for purposes of Engineer's compensation under this Task Order. 2. Additional Services A. Additional Services that may be authorized or necessary under this Task Order are: as follows: Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 3. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B, subject to the following: (No additions or modifications to Exhibit 8 are required for this project) 4. Task Order Schedule In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: The following schedule is proposed for this project, assuming a Notice to Proceed of February 17, 2020: Notice to Proceed — February 17, 2020 Street Assessment & Preparation of Interim Construction Drawings — 60 days Schertz Interim QC — 7 days Finalize Construction Drawings & Contract Documents — 30 days Project Bid — May 18, 2020 Construction Phase — Estimated at 3 months Party Action Schedule Engineer Furnish [ NA ] review copies of the Report Within [NA] days of the Effective Date of the and other Study and Report Phase Task Order. deliverables to Owner. Owner Submit comments regarding Report and Within [ NA ] days of the receipt of Report other Study and Report Phase deliverables and other Study and Report Phase to Engineer. deliverables from Engineer. Engineer Furnish [ NA ] copies of the revised Within [ NA ] days of the receipt of Report and other Study and Report Owner's comments regarding the Report Phase deliverables to Owner. and other Study and Report Phase deliverables. Engineer Furnish [ 5 ] review copies of the Within[ 60 ] days of Owner's authorization to Preliminary Design Phase documents, proceed with Preliminary Design Phase Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 S. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 opinion of probable Construction Cost, and services. other Preliminary Design Phase deliverables to Owner. Owner Submit comments regarding Preliminary Within [ 7 ] days of the receipt of Preliminary Design Phase documents, opinion of Design Phase documents, opinion of probable probable Construction Cost, and other Construction Cost, and other Preliminary Preliminary Design Phase deliverables to Design Phase deliverables from Engineer. Engineer. Engineer Furnish [ NA ] copies of the revised Within [ NA ] days of the receipt of Preliminary Design Phase documents, Owner's comments regarding the opinion of probable Construction Cost, and Preliminary Design Phase documents, other Preliminary Design Phase opinion of probable Construction Cost, and deliverables to Owner. other Preliminary Design Phase deliverables. Engineer Furnish [ 5 ] copies of the final Drawings Within [ 30 ] days of Owner's authorization and Specifications, assembled a.f to proceed with Final Design Phaseservices. athe Construction Contract Documents, the 4R# bidding - related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables, to Owner. Owner Submit comments and instructions Within [ NA ] days of the receipt of the final regarding the final Drawings and Drawings and Specifications, assembled drafts Specifications, assembled drafts of other of other Construction Contract Documents, Construction Contract Documents, the draft the draft bidding - related documents (or bidding - related documents (or requests for requests for proposals or other construction proposals or other construction procurement documents), and any other Final procurement documents), and any other Design Phase deliverables from Engineer. Final Design Phase deliverables, to Engineer. Engineer Furnish [ NA ] copies of the revised final Within [ NA ] days of the receipt of Owner's Drawings and Specifications, assembled comments and instructions regarding the final Construction Contract Documents, bidding- Drawings and Specifications, assembled drafts related documents (or requests for of other Construction Contract Documents, proposals or other construction the draft bidding - related documents (or procurement documents), and any other requests for proposals or other construction Final Design Phase deliverables, to Owner. procurement documents), and any other Final Design Phase deliverables S. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 Task Description of Service Amount Basis of Compensation 1 Subconsultant Services $ - [ NA ] 2 General Services $ 19,380.00 [ Lump Sum ] 3 Field Review & Preparation of Construction Drawings $ 85,500.00 [ Lump Sum ] 4 Bid Phase Services $ 8,635.00 [ Lump Sum ] 5 Construction Phase Services* $ 7,260.00 [ Lump Sum ] 6 Project Expenses $ 2,100.00 [ Lump Sum ] Total Compensation (Tasks 1 -6) $ 122,875.00 [ Lump Sum ] 2 Additional Services (Part 2 of Exhibit A) [ NA ] [ NA ] *Based on a [ 3 ]', -month continuous construction period. Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are estimates only. Lump sum amounts and estimated totals included in the breakdown by phases incorporate Engineer's labor, overhead, profit, reimbursable expenses (if any), and Consultants' charges, if any. For lump sum items, Engineer may alter the distribution of compensation between individual phases (line items) to be consistent with services actually rendered, but shall not exceed the total lump sum compensation amount unless approved in writing by the Owner. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of ExhibitC. 6. Consultants retained as of the Effective Date of the Task Order: Kimley -Horn & Associates, Inc. 7. Other Modifications to Agreement and Exhibits: Scope associated with this task order is identified in scope and fee proposal dated January 29, 2020. ] 8. Attachments: Engineer scope and fee proposal (January 29, 2020) 9. Other Documents Incorporated by Reference: None Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 10. Terms and Conditions Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Orderis 61TITUM 2 Print Name: Dr. Mark Browne Title: Citv Mana DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Kathryn Woodlee, PE Title: City Manager Address: 10 Commercial Place, Schertz, TX 78154 E -Mail Address: kwoodlee @schertz.com Phone: 210 - 619 -1823 ENGINEER: By: rr � Print Name: Jeffrey A. Farnsworth, PE Title: Asst. Secretary Engineer License or Firm's Certificate No. (if required): 80190 State of: Texas DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Stephen J. Aniol, PE Title: Proiect Manager Address: 601 NW Loop 410, San Antonio, TX 78216 E -Mail Address: stephen.aniol @kimleV- horn.com Phone: 210 - 321 -3404 Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright @ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 Kimley »>Horn January 29, 2020 John Nowak, PE 2020 Roadway Improvements (Chia SeallSlurry Seal Projects) ® Fee Proposal Dear Mr. Nowak: Kimley -Horn is pleased to submit this fee proposal for professional services for the 2020 Roadway Improvements project, which consists of City wide pavement preservation projects associated with the Street Preservation & Maintenance (SPAM) Program. UNDERSTANDING PROJECT Per the project scoping meeting held on January 2, 2020, the goal of this project is to install a chip seal to the existing street surface and complete necessary structural pavement repairs (base repairs), which typically extends the pavement life before street maintenance or rehabilitation is required. The street list provided to Kimley -Horn includes 135 streets that are spread throughout the City, totaling approximately 27.2 miles. This project will be bid consistent with past SPAM projects, but will also include a bid alternate for consideration of a slurry seal mix in lieu of chip seal. SERVICES SCOPE OF The following tasks outline the proposed scope of services to be completed by Kimley -Horn for this project and the assumptions made to develop the proposed fee: Task c s It t Services Subconsultant support services are not required for this project. Task 2: General Services A. Project Management B. TxDOT coordination for 8 streets that tie to FM 3009 and IH 35 N Frontage Road C. Quality Control /Quality Assurance (QC /QA) reviews for 70% and 100% design milestones D. 70% & 100% plan submittals. 100% plan submittal will include final contract documents and specifications. Task Field i r r i n f struci r ira_ s A. Develop aerial schematic exhibit sheets to utilize for each street field review. We propose to conduct our site visits with these sheets to mark and dimension approximate structural pavement repairs and other items noted in task 3B below. These will aide in the development of quantities and provide an approximate area as to where structural pavement and concrete repairs are recommended. These sheets will not be included in the overall construction drawings, but can be turned over to the City for reference during the construction phase B. Field review for each street to assess existing condition, note structural pavement repairs (base repairs), pavement markings that require replacement, and identify visible low spots that may require concrete curb replacement. f 4t C. Download photos and site documentation information D. Prepare quantities per street based on street observations. Street lengths and widths will be approximated based on aerial imagery, with a small contingency factor added E. Prepare cover /index sheet 1. Project will be broken into 6 areas and will be identified on the cover map F. Develop supplemental general notes sheet (chip seal) G. Develop master quantity summary sheet that identifies individual pay items summarized by area H. Develop project layout sheet per area (6 sheets) that includes street list and applicable pay items that are summarized for area as a whole. Quantities broken down per street will not be illustrated on the construction drawings 1. Develop Contractor access and staging sheet (up to 2 sheets) consistent with previous SPAM project J. Develop structural pavement repair detail sheet K. Incorporate required Schertz construction and TxDOT traffic control standards L. Prepare opinion of probable construction cost (chip seal) M. Develop supplemental general notes sheet (slurry seal Bid Alt. 1) N. Develop master quantity summary sheet that identifies individual pay items summarized by area (slurry seal Bid Alt. 1) O. Prepare opinion of probable construction cost (slurry seal Bid Alt. 1) P. Coordinate with Schertz Purchasing Department for contract development Q. Assemble contract documents and specifications 1. Prepare Table of Contents and Invitation to Bidders document 2. Prepare Bid Schedule (Base Bid and Bid Alt. 1) 3. Prepare Agreement between Owner & Contractor 4. Prepare Supplement Conditions to include governing, special and supplemental specifications and special provisions) R. Address comments from Schertz Purchasing Department & finalize contract documents /specifications package Task 4: Bid Phase Services A. Assist Schertz with project advertising B. Remark base repair patches for pre -bid meeting C. Prepare meeting agenda for & attend pre -bid meeting D. Prepare and submit pre -bid meeting notes E. Prepare & issue addenda (Up to 2 Addenda) F. Attend formal bid opening G. Assist Schertz with Contractor qualification & bid evaluation H. Prepare bid tabulation I. Assist Schertz with bid negotiations J. Prepare and submit construction contract award recommendation letter Task Construction s Services A. Attend pre- construction meeting B. Review Contractor material submittals /shop drawings (Up to 3 submittals) C. Construction site visits & reporting 1. One (1) site visits per month based on 3 -month construction schedule 2. Prepare and submit 1 construction observation report per month Ts Project Expenses The following reimbursable expenses are requested for this project: A. Field review and design site visits (Estimate 30 trips)* B. Bid /construction phase site visits (Estimate 10 trips)* C. Field marking paint to mark structural pavement repairs in street *Mileage to be reimbursed based on the 2020 standard business mileage rate of 57.5 cents per mile. EXCLUSIONS The following services are excluded from the basic scope of this project, but can be completed by Kimley - Horn upon execution of an additional service should the City request it: A. Subconsultant services to include geotech, survey, environmental, SUE, or other service that may be required due to a change in scope B. It is assumed TxDOT permits will not be required for this project. C. It is assumed that the Contractor will provide necessary SWPPP design drawings. D. It is assumed the Contractor will provide necessary detailed traffic control plans should they deviate from available TxDOT standards. E. Completion of final base repair schematics to be included in construction drawings F. Roadway, utility or drainage design. It is assumed that any necessary pavement or concrete repairs will be coordinated with Schertz and the Contractor during construction. In the event substantial repairs are required to eliminate low spots in the road, or extensive structural pavement repairs are needed, Kimley -Horn will notify the City for further direction. G. Design milestones in addition to what is proposed for this project H. Review Contractor provided construction schedule 1. Review Contractor provided traffic control plan J. Monthly project meetings during construction phase K. Attend substantial completion walk & issue punch list L. Attend final completion walk & issue Notice of Acceptability of Work M. Resident Project Representative (RPR) Services — Kimley -Horn can provide this service should the City request it N. It is assumed that material testing and inspection services will be completed by the City O. Any other services not listed in the basic scope of services SCHEDULE Kimley -Horn estimates a total design schedule of 3 months, including Schertz review time and preparation of final contract documents. Based on notice to proceed (NTP) of February 17, 2020, Kimley - Horn projects this project will be ready to bid by May 18, 2020, barring any unforeseen schedule changes. Construction phase services proposed for this project is based on a 3 -month construction timeline. Per project scoping meeting with Schertz, daily coordination with the Contractor will be handled internally by Schertz staff, so the expected service Kimley -Horn will provide during the construction phase is limited to the scope outlined in task 5 above. Should construction exceed this duration due to conditions beyond the I I , ,, i i, 1 �, �,, �� !� , , , 11, 1 1 , m Em control of Kimley-Horn, a supplemental service will be submitted to the City for Kimley-Horn to continue providing construction phase services for the remainder of the project. FEE AND BILLING Kimley-Horn will perform the above outlined scope of services, including project expenses, for a lump sum fee of $122,875, according to the following task breakdown: Task 1: Subconsultant Services $0 Task 2: General Services $19,380 Task I Field Review & Preparation of Construction Drawings $85,500 Task 4, Bid Phase Services $8,635 Task 5: Construction Phase Services $7,260 Task 6: Pro'ect Expenses $2,100 Total: We appreciate the opportunity to be of service to the City and look forward to successfully completing this project. Please don't hesitate to contact me at stei)hen.aniolCo)kimiev-horn.com or (210) 321-3404 should you have any questions on the proposed scope and fee •",I , -T -6-opm em.m. no TSPE# 928 Attachments Fee Breakdown by Task Cc: Scott McClelland, EIT 110 , qp�, 11 A IN I . . .. .. . City of Schertz Fee /Price Proposal Breakdown for Professional Services ineering Services - ,ay Improvements PE City of Schertz Fee /Price Proposal Breakdown for Professional Services ineering Services - ,ay Improvements PE Schertz 2020 Roadway Improvements Street List Area Street Limits Length Unit Charleston Ln Fairways Dr to Country Club Blvd 1,569 ft Columbia Dr Covers Cove to Fairways Dr 4,585 ft Foxbriar Ln Fairways Dr to Country Club Blvd 1,670 ft Wimbeldon Dr Fairways Dr to Country Club Blvd 1,692 ft Fairways Dr Charleston Ln to Wimbeldon Dr 835 ft St Andrews Country Club Blvd to Pebble Beach 890 ft Pebble Beach Cul -de -sac to Columbia Dr 2,583 ft 1 Black Diamond Cul -de -sac to Pebble Beach 140 ft Whistling Straits Cul -de -sac to Pebble Beach 95 ft Crooked Stick Cul -de -sac to Pebble Beach 78 ft Tuckatoe Cul -de -sac to Columbia Dr 116 ft Pelican Hill Cul -de -sac to Columbia Dr 60 ft Mahogany Bay Cul -de -sac to Columbia Dr 91 ft Merion Way Columbia Dr to cul -de -sac 162 ft Covers Cove IH -35 FR to Columbia Dr 2,142 ft Crest Oak Ln Roy Richard Dr to Private Entrance 1,631 ft Circle Oak Ln Roy Richard Dr to Chestnut Oak 3,181 ft Lazy Oak Crest Oak Ln to Circle Oak Ln 938 ft Shady Oak Ln Crest Oak Ln to Circle Oak Ln 924 ft Spanish Oak dr Crest Oak Ln to Circle Oak Ln 970 ft Crown Oak Pass Crest Oak Ln to Circle Oak Ln 925 ft Golden Oak Crest Oak Ln to Private Dr 2 1,141 ft Willow Oak Cul -de -sac to Bench Trail 514 ft 2 Bench Trail Golden Oak to Chestnut Oak 1,749 ft Private Dr 1 Golden Oak to Silver Oak Rd 716 ft Private Dr 2 Golden Oak to Silver Oak Rd 770 ft Silver Oak Rd Private Dr 1 to Rainy Brook 406 ft Turkish Oak Bench Trail to Canyon Oak 290 ft Canyon Oak Circle Oak Dr to Chestnut Oak 926 ft Chestnut Oak Bear Oak to Circle Oak Dr 895 ft Bear Oak Cul -de -sac to Chestnut Oak 128 ft Newrock Creek Cul -de -sac to cul -de -sac 758 ft Freeport Dr Cul -de -sac to Victoria Point 114 ft Victoria Point Dead end to Samantha Dr 2,040 ft Dusty Crossing Samantha Dr to Frank Baum Dr 1,064 ft Samantha Dr Dusty Crossing to Victoria Point 1,067 ft Fallen Stone Cul -de -sac to Victoria Point 152 ft Prichard PI Cul -de -sac to Victoria Point 444 ft Rosewell PI Cul -de -sac to Victoria Point 297 ft Ashley Park Victoria Point to Ashley Oak Dr 2,800 ft Ashley Park Cir Ashley Park to Ashley Park 250 ft Emerson Pass Ashley Park to Twin Point Creek 347 ft Twin Point Creek Emerson Pass to Wayward Pass 745 ft Camaron Woods Ashley Park to Cul -de -sac 370 ft Emerald Point Cul -de -sac to Ashley Park 400 ft Wayward Pass Ashley Pass to Davenport 1,766 ft Schertz 2020 Roadway Improvements Street List Area Street Limits Length Unit Fresno PI Ashley Park to Cul -de -sac 399 ft Baldwin Park Ashely Park to Waywayd Pass 620 ft Davenport Ashley Park to Drayton 2,065 ft Windway Creek Ashely Park to Boxer Pass Dr 636 ft Ashley Oak Dr Sycamore to Roy Richard Dr 3,485 ft Sycamore Grove Park to Cul -de -sac 1,051 ft 3 Chasefield Dr Sycamore to Cul -de -sac 464 ft Smokey Creek Sycamore to Bridgemont PI 771 ft Bridgemont PI Ashley Oak Dr to Smokey Creek 429 ft 2 Courts Way Cul -de -sac to Ashley Oak Dr 260 ft Ashley Meadow Cul -de -sac to Ashley Oak Dr 275 ft Olde Moss St Cul -de -sac to cul -de -sac 1,411 ft Boxer Pass Dr Windway Creek to Olde Moss St 1,288 ft Abercorn Davenport to Hull St 769 ft Whitaker Abercorn to Cul -de -sac 927 ft Forsyth Park Whitaker to Drayton 1,402 ft Hull St Abercorn to Forsyth Park 500 ft Emmet Park Cul -de -sac to Whitake 100 ft Tattnal) Savannah Dr to Drayton 387 ft Drayton Davenport to Habersham 1,614 ft Madison Square Cul -de -sac to Forsyth Park 137 ft Habersham Andrew Low to Ogelthorpe 1,698 ft Telfair Square Habersham to Cul -de -sac 80 ft Andrew Low Habersham to Olde Moss St 518 ft Whitefield Square Andrew Low to Savannah Dr 410 ft Broughton William Scarbrough to Savannah Dr 757 ft William Scarbrough Broughton to cul -de -sac 1,311 ft Ogelthorpe Cul -de -sac to Habersham 826 ft Dove Meadows Borgfeld to Silvertree Blvd 931 ft Mourning Dove Dove Meadows to Cul -de -sac 350 ft White Wing Dove Meadows to Cul -de -sac 353 ft Grey Feather Dove Meadows to Cul -de -sac 363 ft Silvertree Blvd Roy Richard Dr to Cul -de -sac 1,190 ft Idlewood Silvertree Blvd to Cul -de -sac 334 ft Greenwood Idlewood to Cul -de -sac 1,126 ft Spicewood Cul -de -sac to Greenwood 276 ft Cedarwood Cul -de -sac to Greenwood 124 ft Cherrywood Roy Richard Dr to Greenwood 274 ft Cyruss McCormick Rd Roy Richard Dr to Cul -de -sac 356 ft Eli Whitney Rd Roy Richard Dr to Cul -de -sac 231 ft Emerald Gate Borgfeld t o Welbrook 156 ft Welbrook Cul -de -sac to Turncreek Ln 313 ft Turncreek Ln Welbrook to Ivory Creek 1,105 ft 4 Gate Creek Ln Cul -de -sac to Turncreek Ln 439 ft Linden Grove Dr Cul -de -sac to Turncreek Ln 517 ft Crimson Cove Dr Cul -de -sac to Turncreek Ln 509 ft Schertz 2020 Roadway Improvements Street List Area Street Limits Length Unit Ivory Creek Cul -de -sac to Turncreek Ln 521 ft Mill Cross Ln Ivory Creek to Summer Haven Ln 315 ft Summer Haven Ln Cul -de -sac to Bending Brook Dr 602 ft Bending Brook Dr Summer Haven Ln to Lauran Park Dr 825 ft Sandy Ridge Cir Bending Brook Dr to Bending Brook Dr 1,333 ft Lauran Park Dr Cul -de -sac to Bending Brook Dr 462 ft Cottage Park Lauran Park Dr to Morning Rose 277 ft Cross Branch Dr Morning Rose to Morningmist Ln 827 ft Quiet Creek Dr Cul -de -sac to Cross Branch Dr 332 ft Arbor Dawn Ln Cul -de -sac to Cross Branch Dr 336 ft Morningmist Ln Cul -de -sac to Cross Branch Dr 343 ft Park Fair Gate Morningmist Ln to Dietz Rd 159 ft Linda Ct Cul -de -sac to Marilyn Dr 136 ft Melissa Ct Cul -de -sac to Marilyn Dr 137 ft Sharon Ct Cul -de -sac to Marilyn Dr 132 ft Marilyn Dr Oak St to Colony Dr 3,655 ft Chestnut Marilyn Dr to Maple Dr 619 ft Colony Dr Dead end to Maple Dr 741 ft Colony Dr Aviation Ave to Brooks Ave 1,037 ft Pecan Dr Oak St to Chestnut 1,375 ft Pecan Dr Vicki Lynn Dr to Schertz Pkwy 2,439 ft Vicki Lynn Dr Pecan Dr to Maple Dr 290 ft Maple Dr Oak St to Colony Dr 3,640 ft Aviation Ave Oak St to Colony Ave 3,724 ft 5 Mitchell Ave Oak St to Schertz Pkwy 4,107 ft Aero Ave Oak St to Schertz Pkwy 4,115 ft Brooks Ave Oak St to Colony Dr 3,728 ft Winburn Ave Oak St to William St 2,665 ft Wright Ave Oak St to William St 2,667 ft Curtiss Ave Beacon to Schertz Pkwy 3,005 ft Exchange Ave Cul -de -sac to Schert Pkwy 2,867 ft Elm Aviation Ave to Wright Ave 1,713 ft Beacon Maple Dr to Curtiss Ave 2,418 ft Lindberg Ave Aviation Ave to Exchange Ave 2,460 ft Pfeil St Brooks Ave to Main St 1,724 ft Williams St Curtiss Ave to Main St 696 ft Kock St Curtiss Ave to Exchange Ave 407 ft Guy Guisborne Cul -de -sac to Robin Hood Way 493 ft Robin Hood Way Ware Seguin Rd to Sherlock Ln 4,235 ft Wil Cloudsley Cul -de -sac to Robin Hood Way 427 ft 6 Maid Marian Cul -de -sac to Robin Hood Way 527 ft Sherlock Ln Robin Hood Way to Nottingshire 733 ft Nottingshire ISherlock Ln to Ware Seguin Rd 1,054 ft Agenda No. 10. ei IRIUM City Council March 10, 2020 Meeting: Department: Planning & Community Development Subject: Ordinance No. 20 -A -07 - Conduct a public hearing, consideration and/or action for an Ordinance on a request for voluntary annexation of approximately 0.5 acres of land located at 13805 I11-10 E, Bexar County, Texas. First Reading (B. James /L. Wood/N. Koplyay) BACKGROUND Annexation of land into the City's corporate limits may be voluntary or involuntary. Each type has Texas Local Government Code (LGC) requirements that identify the necessary process based on the annexation type. The City's Unified Development Code (UDC) Section 21.4.8 includes provisions that apply to requests for voluntary annexation meeting certain criteria. This section of the City's UDC includes provisions for processing of voluntary annexation requests. In accordance with LGC 43.035 and LGC 212.172 a delayed annexation development agreement was executed for the subject property in July 2010. This agreement between the City of Schertz and Riedel Acquisition, LLC was to be in effect for a ten -year period. Since the execution of this agreement, the City of Schertz has purchased approximately 0.5 acres (the subject property) of the original approximately 86 acre tract from Riedel Acquisition, LLC. At the February 25th meeting the Schertz City Council adopted a resolution accepting a petition for voluntary annexation of the subject property (R- 20 -19). The adoption of this resolution allows the City to move forward with the annexation proceedings, and the City has now filed an application for voluntary annexation of the approximately 0.5 acres through this Ordinance: 20 -A -07. The annexation . ordinance will be followed by a zone change ordinance (20 -S -08) to rezone the subject property to Public Use District (PUB). A public hearing notice was published in the San Antonio Express News on February 19th in preparation for the March 10th City Council Meeting, and at the time of this report Staff has not received any repsonses from the public. GOAL The City of Schertz is requesting voluntary annexation into the City of Schertz in order to utilize the property as a lift station to better serve the residents of South Schertz, and to allow for the continuation of safe and orderly development. COMMUNITY BENEFIT Promote the safe, orderly, efficient development and ensure compliance with the City's vision of future growth. SUMMARY OF RECOMMENDED ACTION Staff recommends approval of annexation Ordinance 20 -A -07 on first reading. FISCAL IMPACT In accordance with Texas Local Government Code (LGC) Chapter 43, the City must provide services to the land on the effective date of the annexation. While the subject property is not within the water or sanitary sewer CCN for the City of Schertz, the subject property will be provided City services such as police protection, fire protection, emergency medical services, operation and maintenance of streets, and solid waste collection. RECOMMENDATION Staff recommends approval of annexation Ordinance 20 -A -07. Attachments Ordinance 20 -A -07 Ordinance 20 -A -07 Exhibit A Ordinance 20 -A -07 Exhibit B ORDINANCE NO. 20-A-07 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 0.5 ACRES OF LAND LOCATED AT 13805 IH -10 E, CITY OF SCHERTZ, BEXAR COUNTY, TEXAS WHEREAS, the City Council of the City of Schertz (the "City ") has determined that it should annex the territory described on Exhibit A attached hereto and made a part hereof (the "Annexed Land "); and WHEREAS, the Annexed Land is located entirely within the extraterritorial jurisdiction of the City, is contiguous to the corporate boundaries of the City (or is deemed to be contiguous, pursuant to Section 43.035(c) of the Texas Local Government Code, as amended), and may be annexed pursuant to Chapter 43 of the Texas Local Government Code, as amended; and WHEREAS, Texas Local Government Code Section 43.028 authorizes the City of Schertz to extend its City limit boundaries through the voluntary annexation of area adjacent to those boundaries upon petition of a landowner; and WHEREAS, a public hearing notice was published in the San Antonio Express News on February 5, 2020 for the hearing held on February 25, 2020 and notice was published in the San Antonio Express News on February 19, 2020 for the hearing on March 10, 2020; and WHEREAS, on February 25, 2020 the City Council conducted a public hearing and after considering the request for voluntary annexation, adopted Resolution 20 -R -19 accepting a petition for voluntary annexation; and WHEREAS; the City Council finds that the Annexed Land is suitable, and it is in the best interest of the City and the citizens and inhabitants thereof that the Annexed Land be annexed to and made a part of the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The City hereby annexes the Land described in Exhibit A. Section 2. The Annexed Land shall be included within the City's corporate limits effective on the effective date of this Ordinance, and all taxable property in the Annexed Land shall hereafter bear its pro rata part of the taxes levied by the City, subject to allowable exemptions. Section 3. The land and territory more particularly described as that portion of the tract of land described in Exhibit A, attached hereto and incorporated herein by reference shall be part of the City of Schertz, Texas and inhabitants thereof shall be entitled to all of the rights and privileges as citizens and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Schertz, Texas. Section 4. A service plan outlining the provisions of necessary municipal service to the property described in Exhibit A is hereby approved and the implementation of said plan is hereby authorized. Such plan is attached hereto and incorporated herein as Exhibit B. Section 5. The City manager is hereby authorized and directed to take appropriate action to have the official map of the City revised to reflect the additions to the City's Corporate Limits and the City Secretary is hereby authorized and directed to provide appropriate notice to the State of Texas and the County of Bexar of this annexation. Section 6. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 7. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 8. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 9. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 10. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 11. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 12. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the l Oth day of March, 2020. PASSED, APPROVED AND ADOPTED on final reading the 24th day of March, 2020. Ralph Gutierrez, Mayor Brenda Dennis, City Secretary (SEAL OF THE CITY) CITY OF SCHERTZ, TEXAS ANNEXATION SERVICE PLAN I_1SAIV_1 ZV,1 =FA =19] A 0.623acre tract of land situated in the E. Gartara Survey, Abstract No. 5 and being a portion of that certain 106.195 acre tract of land, in County Block 5193, as described in a deed to Reidel's Inc., of record in Volume 5690, Page 1205 of the Official Public Records of Bexar County, Texas. See Exhibit A, "Metes and Bounds Description ", attached hereto for a complete description of the property. P ►11iZs]111L &i1RIi• This service plan has been prepared in accordance with Local Government Code Section 43.056. Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the city at the following levels and in accordance with the following schedule: POLICE PROTECTION Patrolling, responses to calls, and other police services will be provided on the effective date of the annexation at the same level as provided throughout the city. FIRE PROTECTION AND FIRE PREVENTION Fire protection and fire prevention services will be provided on the effective date of the annexation at the same level as provided throughout the city. EMERGENCY MEDICAL SERVICES Emergency medical services will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the city. SOLID WASTE COLLECTION AND DISPOSAL Solid waste collection and disposal services will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the city. However, no obligation exists for the city to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider. 1C07� =1 7_� 11[�li< It1i< IBM iyi F_11 i< 1111=t� /_1;11[43= Cif ;RY'r� 9� 7_1ki I9MY'r[+.3 11 ATiyT�i 11 �:43_T49 f�11111= �d:T,i r_1 7mi<ml Operation and maintenance of water and wastewater facilities that are not within the service area of another water or wastewater utility will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the city. OPERATION AND MAINTENANCE OF ROADS AND STREETS Operation and maintenance of roads and streets will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the city. STREET LIGHTING Street lighting will be made available on the effective date of the annexation on the same basis and at the same level in comparable areas as provided throughout the city. OPERATION AND MAINTENANCE OF PUBLIC PARKS AND OTHER PUBLICLY OWNED FACILITIES If any public park, playground, swimming pool, or any other publicly owned facility, building or service is located within the annexed area, it will be maintained on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. OTHER SERVICES Other services that may be provided by the city such as planning, code enforcement, animal control, library, park and recreation, court, and general administration will be made available on the effective date of the annexation on the same basis and at the same level as provided throughout the city. CAPITAL IMPROVEMENTS The city will make available to the annexed area any necessary water, sewer, street, and drainage facilities within two and one -half (2 -1/2) years of the effective date of the annexation unless the construction of the necessary facilities is interrupted by circumstances beyond the control of the city, or unless this period is extended by an arbitration decision. No impact fees will be charged to any developer or landowner within the annexed area except in conformity with Local Government Code Ch. 395. Construction of other capital improvements shall be considered by the city in the future as the needs dictate on the same basis as such capital improvements are considered throughout the city. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the city to provide a uniform level of full municipal services to each area of the city, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. TERM This service plan shall be valid for a term of ten (10) years. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with Local Government Code Section 43.0561. Doc# 20190191100 09/24/2019 11:52AM Page 4 of 7 Lucy Adame- Clark, Bexar County Clerk Exhibit "„L" Page 1 of 3 April 8, 2019 Parcel 23 -Lift Station (REV 1) DESCRIPTION ::� Cobb Fendiey i[iPE Fbrn Repi�ks6on Na. 274 Parcel Take E. Gartara Survey Abstract -S Bexar County, Texas DESCRIPTION OF A 0.623 ACRE TRACT OF LAND SITUATED IN THE E. GARTARA SURVEY, ABSTRACT NO. 5 AND BEING A PORTION OF THAT CERTAIN 106.195 ACRE TRACT OF LAND, IN COUNTY BLOCK 5193, AS DESCRIBED IN A DEED TO REIDEL'S, INC., OF RECORD IN VOLUME 5698, PAGE 120S OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS, SAID 0.623 ACRE TRACT, AS DEPICTED ON THE ACCOMPANYING DRAWING ENTITLED WOMAN HOLLERING, EXHIBIT "A" PARCEL 23 LIFT STATION AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod found and held for corner, being the southwest corner of said 106.195 acre tract, being also the southeast corner of that certain 14.309 acre tract of land, in County Block 5193, as described In a deed to Harold Bauer, et al, of record in Document No. 2005098534 of the Official Public Records of Bexar County, being also in the north line of I. H.10 (also known as U. S. 90) a varying width Right -Of -Way and being the southwest corner of the herein described tract; THENCE North 300 13'47" West, with the west line of said 106.195 acre tract, the east line of said 14.309 acre tract, and the west line of the herein described tract, for a distance of 180.70 feet to a 1/2 -inch iron rod with cap stamped "CFA" set for the northwest corner of the herein described tract and from which a % -inch Iron rod found and held for corner being the northwest corner of said 106.195 acre tract bears North 30'13'47" West a distance of 690.79 feet; THENCE departing the east line of said 14.309 acre tract, and over and across said 106.195 acre tract, with the north and east lines of the herein described tract, the following two (2) courses and distances; 1. North 59' 46'16" East, for a distance of 141.88 feet to a 1/2 -inch iron rod with cap stamped "CFA" set for the northeast corner of the herein described tract, and 2. South 30' 14' 19" East, fora distance of 202.13 feet to a 1/2 -inch iron rod with cap stamped "CFA" set for the southeast corner of the herein described tract, being also in the south line of said 106.195 acre tract and being in the north line of said I. H. 10; THENCE South 68' 21' 23" West, with the south line of said 106.195 acre tract, the north line of said 1. H. 10 and the south line of the herein described tract, for a distance of 143.52 feet the POINT OF BEGINNING and containing 0.623 acres of land, more or less. 505 East Huntland Drive, Suite iD0 I Austin, Texas 78752 1 512.834.9798 1 fax 512.834.7727 I www.cobblendley.com T8Pf Flrm Re0trot1w Na 2741 T8XS Rep(stmtton lYa.10046701 } Doc# 20190191100 0912412019 11:52AM Page 5 of 7 Lucy Adame- Clark, Bexar County Clerk Exhibit Page 2 of 3 April 8, 2019 Parcel 23 -Lift Station(REV 1) 0.93 CobbFendley Parcel Take E. Gartara Survey Abstract -5 Bexar County, Texas Bearings are based on the Texas Coordinate System of 1983, South Central Zone (NAD 83 (2011)). All distances were adjusted to the surface using a Surface Adjustment Factor of 1.00013. (Surface = Grid X Surface Adjustment Factor) 1 certify that this description was prepared from a survey made on the ground, between December of 2016 and April of 2019, under my supervision. COBB, FENDLEY & ASSOCIATES N/cpZwir. D Gl�a��wl William D. Warrick, RPLS Texas Registration No. 4426 - G: \Survey\_PROIECTS \2015 \1512 - 043- 01- Shertz Woman Hollering \Rata \Metes &Bounds \1512 -043 -01— Task 036 Womans Hollering_P23 -Lift Station.docx 505 East Huntland Drive, Suite 100 1 Austin, Texas 78752 1 512.834.9798 1 fax 512.834.7727 1 www.cobbfendley.com 73PEFitm Registration No. 2741 TBPU Negistrotton Nn„ 10046701 Doc# 20190191100 0912412019 11:52AM Page 6 of 7 Lucy Adame- Clark, Bexar County Clerk SITE MAP NOT TO SCALE 0� � �,g9'LgeG. � �� o/ BEXAR COUNTY, TEXAS E. GARTARA ABST. NO.5 NOTES :. 1. BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE (NAD 83 (2011)), ALL DISTANCES SHOWN HEREON WERE ADJUSTED TO SURFACE FROM 0.0 USING A SURFACE ADJUSTMENT FACTOR OF 1.000130. 2. REFERENCE IS HEREON MADE TO THE METES AND BOUNDS DESCRIPTION OF THIS TRACT, OF THE SAME DATE ACCOMPANYING THIS SKETCH, 3. THIS IS TO CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND DECEMBER 1, 2018 THROUGHAPRIL 4, 2019, BY ME OR UNDER MY SUPERVISION, THAT THIS SURVEY PLAT REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY, AND THAT THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL LAND SURVEYORS STANDARDS AND SPECIFICATIONS FOR A CATEGORY 1A, CONDITION 11, LAND TITLE SURVEY. P.O.R.iti�� 0 30 e0 y t inch= 60 ft. �� a A6 �6r REIDEUS INC. �y 9 (106.195 ACRES) LEGEND Z1c' �a COUNTY BLOCK 5193 Q V2-INCH IRON ROD r VOL. 5690, PG. 1205 WITH CAP STAMPED O.P.R.B.C.TX. 'CFA 'SET Os • la -INCH IRON ROD (� FOUND d� P.O.B. POINT OF BEGINNING P.O.R. POINT OF REFERENCE Z O.P.R.B.C.7X,'. OFFICIAL PUBLIC OOo 0.623 ACRES RECORDSBEXAR COUNTY TEXAS y� —�— PROPERTY LINE pa —.w.— RIGHT- OF-WAY LINE 10 �O O HAROLD BAUER, ET AL '> (14.309 ACRES) O' 1A3 rj2 COUNTY BLOCK 5193 DOC. No. 20MB534 pe O.P.R.B.C.TX. P.O.B. s6� �1i•,N�to. HAROLD BAUER Oil o.1 ,,,p0 l (10.635ACRES) COUNTY BLOCK 5193 S X39• PR VOL. 11705. PG. 32 O.P.R.B.C.TX. Q _ " • ��0l'6T41'!Qd FLOOD NOTE: REVISIONS: •- Q� BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS IN ZONE 04/042019 - ALIGNMENT "" (SHADED) - SPECIAL FLOOD HAZARD AREAS (SFHAS) SUBJECT TO N....:•�'•" INUNDATION BY THE 1% ANNUAL CHANCE FLOOD (NO BASE FLOOD w ELEVATIONS DETERMINED), FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO. 48029C 0455G THAT BEARSAN �•.., 5 EFFECTIVE/REVISED DATE OF SEPTEMBER 29, 2010. THE SURVEYOR MAKES NO ASSURANCE AS TO THEACCURACY OF THE - DELINEATIONS SHOWN ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP. THIS WILLIAM D. WARRlCK, R.P.L.S. p 7E STATEMENT IS FOR INSURANCE PURPOSES ONLYAND IS NOTAN REGISTRATION TEXAS REGISTRATION No. 4426 OPINION THAT THE PROPERTY WILL OR WILL NOT FLOOD. A FLOOD COBB, PE 8 ASSOCIATES, INC. STUDY WAS NOT CONDUCTED ON THE PROPERTY. SOT' - "`O'` M M a� cpx CobbFen,lI - 12Os 1� NO, 274 1 'Mays NO.100487a1 5M 100 � u sM ` D D a Sum � 512.834.9798 i FAX 512.834.7727 WWN.0088FENOLEY.CO+.1 WOMAN HOLLERING EXHIBIT "A" PARCEL 23 LIFT STATION PAGE 3 OF 3 J 5e�°� - ,s,�, oArE:. eraa.4 2otY FleeneooK - wx - WA EMM - O f OGERS G: B. WK APPROVE: ,tNUMK SCALP .w Agenda No. 11. ei Olum City Council March 10, 2020 Meeting: Department: Planning & Community Development Subject: Ordinance 20 -S -08 - Conduct a public hearing and consideration and /or action for an Ordinance on a request to rezone approximately 0.5 acres of land to Public Use District (PUB), located at 13805 IH -10 E, City of Schertz, Bexar County, Texas. First Reading (B. James /L. Wood /N. Koplyay) BACKGROUND The applicant is proposing to rezone approximately 0.5 acres of land to Public Use District (PUB) located 13805 IH -10E in order to utilize the property as a lift station. The subject property is currently in the City's Extraterritorial Jurisdiction (ETJ), and pursuant to LGC 43.035 and LGC 212.172 the property is under a delayed annexation development agreement executed in July 2010. This agreement between the City of Schertz and Riedel. Acquisition, LLC was to be in effect for a ten -year period. Before the maturation of this agreement, the City of Schertz purchased approximately 0.5 acres (the subject property) of the original approximately 86 acre tract from Riedel Acquisition, LLC. On February 25th the Schertz City Council adopted a resolution accepting a petition for voluntary annexation of the subject property (R- 20 -19). The adoption of this resolution allows the City to move forward with the annexation and zone change proceedings; the first readings of the official annexation ordinance (20 -A -07) and this zone change ordinance (20 -S -08) will be heard at the March 10th. City Council meeting, Three (3) public hearing notices were mailed to surrounding property owners on February 14th in preparation for the February 26th Planning and Zoning Commission meeting, and a public hearing notice was published in the SA Express News in preparation for the March 10th City Council Meeting. At the time of this report, Staff has not received any responses from the public. GOAL The project goal is to rezone the subject property to Public Use District (PUB) in order to develop the property as a lift station. C 1131U11101111I1d:39101g191If11 It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. The Comprehensive Plan, through the Future Land Use Plan and the South Schertz Sector Plan, designates the subject property as Agricultural Conservation. The Agricultural Conservation land use designation is intended to preserve much of South Schertz in a rural /agricultural state. The proposed rezone is in conformance with the goals and objectives of the Comprehensive Plan because the Public Use District (PUB) will allow the City to develop the property as a lift station, which improves the City's ability to serve our residents and allow for safe and orderly development. The subject property is also currently surrounded by an undeveloped property under a delayed annexation development agreement, and undeveloped property that is zoned Pre - Development District (PRE), and the IH -10 Right -Of -Way. Therefore, the proposed zone change should have no adverse impact to the existing and potential adjacent land uses. RECOMMENDATION The City of Schertz Planning and Zoning Commission held a public hearing on February 26, 2020, and offered a recommendation of approval by unanimous vote. Based on the Comprehensive Land Use Plan, adjacent undeveloped Pre - Development District zoned property, and undeveloped delayed annexation development agreement property, the proposed Public Use District zoning should have no adverse impact to the existing and potential adjacent land uses and is appropriate for the future development of the area. Staff recommends approval of the proposed zone change application. Attachments ORDINANCE NO. 20-S-08 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 0.5 ACRES OF LAND TO PUBLIC USE DISTRICT (PUB), LOCATED AT 13805 IH -10 E, CITY OF SCHERTZ, BEXAR COUNTY, TEXAS. WHEREAS, an application to rezone approximately 0.5 acres of land located at 1.3805 IH -10 E, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on February 26, 2020, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning; and WHEREAS, on March 10, 2020, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Public Use District (PUB) Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 10th day of March, 2020. PASSED, APPROVED AND ADOPTED on final reading the 24th day of March, 2020. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Doc# 20190191100 09/24/2019 11:52AM Page 4 of 7 Lucy Adame- Clark, Bexar County Clerk Exhibit "„L" Page 1 of 3 April 8, 2019 Parcel 23 -Lift Station (REV 1) DESCRIPTION ::� Cobb Fendiey i[iPE Fbrn Repi�ks6on Na. 274 Parcel Take E. Gartara Survey Abstract -S Bexar County, Texas DESCRIPTION OF A 0.623 ACRE TRACT OF LAND SITUATED IN THE E. GARTARA SURVEY, ABSTRACT NO. 5 AND BEING A PORTION OF THAT CERTAIN 106.195 ACRE TRACT OF LAND, IN COUNTY BLOCK 5193, AS DESCRIBED IN A DEED TO REIDEL'S, INC., OF RECORD IN VOLUME 5698, PAGE 120S OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS, SAID 0.623 ACRE TRACT, AS DEPICTED ON THE ACCOMPANYING DRAWING ENTITLED WOMAN HOLLERING, EXHIBIT "A" PARCEL 23 LIFT STATION AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 -inch iron rod found and held for corner, being the southwest corner of said 106.195 acre tract, being also the southeast corner of that certain 14.309 acre tract of land, in County Block 5193, as described In a deed to Harold Bauer, et al, of record in Document No. 2005098534 of the Official Public Records of Bexar County, being also in the north line of I. H.10 (also known as U. S. 90) a varying width Right -Of -Way and being the southwest corner of the herein described tract; THENCE North 300 13'47" West, with the west line of said 106.195 acre tract, the east line of said 14.309 acre tract, and the west line of the herein described tract, for a distance of 180.70 feet to a 1/2 -inch iron rod with cap stamped "CFA" set for the northwest corner of the herein described tract and from which a % -inch Iron rod found and held for corner being the northwest corner of said 106.195 acre tract bears North 30'13'47" West a distance of 690.79 feet; THENCE departing the east line of said 14.309 acre tract, and over and across said 106.195 acre tract, with the north and east lines of the herein described tract, the following two (2) courses and distances; 1. North 59' 46'16" East, for a distance of 141.88 feet to a 1/2 -inch iron rod with cap stamped "CFA" set for the northeast corner of the herein described tract, and 2. South 30' 14' 19" East, fora distance of 202.13 feet to a 1/2 -inch iron rod with cap stamped "CFA" set for the southeast corner of the herein described tract, being also in the south line of said 106.195 acre tract and being in the north line of said I. H. 10; THENCE South 68' 21' 23" West, with the south line of said 106.195 acre tract, the north line of said 1. H. 10 and the south line of the herein described tract, for a distance of 143.52 feet the POINT OF BEGINNING and containing 0.623 acres of land, more or less. 505 East Huntland Drive, Suite iD0 I Austin, Texas 78752 1 512.834.9798 1 fax 512.834.7727 I www.cobblendley.com T8Pf Flrm Re0trot1w Na 2741 T8XS Rep(stmtton lYa.10046701 } Doc# 20190191100 0912412019 11:52AM Page 5 of 7 Lucy Adame- Clark, Bexar County Clerk Exhibit Page 2 of 3 April 8, 2019 Parcel 23 -Lift Station(REV 1) 0.93 CobbFendley Parcel Take E. Gartara Survey Abstract -5 Bexar County, Texas Bearings are based on the Texas Coordinate System of 1983, South Central Zone (NAD 83 (2011)). All distances were adjusted to the surface using a Surface Adjustment Factor of 1.00013. (Surface = Grid X Surface Adjustment Factor) 1 certify that this description was prepared from a survey made on the ground, between December of 2016 and April of 2019, under my supervision. COBB, FENDLEY & ASSOCIATES N/cpZwir. D Gl�a��wl William D. Warrick, RPLS Texas Registration No. 4426 - G: \Survey\_PROIECTS \2015 \1512 - 043- 01- Shertz Woman Hollering \Rata \Metes &Bounds \1512 -043 -01— Task 036 Womans Hollering_P23 -Lift Station.docx 505 East Huntland Drive, Suite 100 1 Austin, Texas 78752 1 512.834.9798 1 fax 512.834.7727 1 www.cobbfendley.com 73PEFitm Registration No. 2741 TBPU Negistrotton Nn„ 10046701 Doc# 20190191100 0912412019 11:52AM Page 6 of 7 Lucy Adame- Clark, Bexar County Clerk SITE MAP NOT TO SCALE 0� � �,g9'LgeG. � �� o/ BEXAR COUNTY, TEXAS E. GARTARA ABST. NO.5 NOTES :. 1. BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE (NAD 83 (2011)), ALL DISTANCES SHOWN HEREON WERE ADJUSTED TO SURFACE FROM 0.0 USING A SURFACE ADJUSTMENT FACTOR OF 1.000130. 2. REFERENCE IS HEREON MADE TO THE METES AND BOUNDS DESCRIPTION OF THIS TRACT, OF THE SAME DATE ACCOMPANYING THIS SKETCH, 3. THIS IS TO CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND DECEMBER 1, 2018 THROUGHAPRIL 4, 2019, BY ME OR UNDER MY SUPERVISION, THAT THIS SURVEY PLAT REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY, AND THAT THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL LAND SURVEYORS STANDARDS AND SPECIFICATIONS FOR A CATEGORY 1A, CONDITION 11, LAND TITLE SURVEY. P.O.R.iti�� 0 30 e0 y t inch= 60 ft. �� a A6 �6r REIDEUS INC. �y 9 (106.195 ACRES) LEGEND Z1c' �a COUNTY BLOCK 5193 Q V2-INCH IRON ROD r VOL. 5690, PG. 1205 WITH CAP STAMPED O.P.R.B.C.TX. 'CFA 'SET Os • la -INCH IRON ROD (� FOUND d� P.O.B. POINT OF BEGINNING P.O.R. POINT OF REFERENCE Z O.P.R.B.C.7X,'. OFFICIAL PUBLIC OOo 0.623 ACRES RECORDSBEXAR COUNTY TEXAS y� —�— PROPERTY LINE pa —.w.— RIGHT- OF-WAY LINE 10 �O O HAROLD BAUER, ET AL '> (14.309 ACRES) O' 1A3 rj2 COUNTY BLOCK 5193 DOC. No. 20MB534 pe O.P.R.B.C.TX. P.O.B. s6� �1i•,N�to. HAROLD BAUER Oil o.1 ,,,p0 l (10.635ACRES) COUNTY BLOCK 5193 S X39• PR VOL. 11705. PG. 32 O.P.R.B.C.TX. Q _ " • ��0l'6T41'!Qd FLOOD NOTE: REVISIONS: •- Q� BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS IN ZONE 04/042019 - ALIGNMENT "" (SHADED) - SPECIAL FLOOD HAZARD AREAS (SFHAS) SUBJECT TO N....:•�'•" INUNDATION BY THE 1% ANNUAL CHANCE FLOOD (NO BASE FLOOD w ELEVATIONS DETERMINED), FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO. 48029C 0455G THAT BEARSAN �•.., 5 EFFECTIVE/REVISED DATE OF SEPTEMBER 29, 2010. THE SURVEYOR MAKES NO ASSURANCE AS TO THEACCURACY OF THE - DELINEATIONS SHOWN ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP. THIS WILLIAM D. WARRlCK, R.P.L.S. p 7E STATEMENT IS FOR INSURANCE PURPOSES ONLYAND IS NOTAN REGISTRATION TEXAS REGISTRATION No. 4426 OPINION THAT THE PROPERTY WILL OR WILL NOT FLOOD. A FLOOD COBB, PE 8 ASSOCIATES, INC. STUDY WAS NOT CONDUCTED ON THE PROPERTY. SOT' - "`O'` M M a� cpx CobbFen,lI - 12Os 1� NO, 274 1 'Mays NO.100487a1 5M 100 � u sM ` D D a Sum � 512.834.9798 i FAX 512.834.7727 WWN.0088FENOLEY.CO+.1 WOMAN HOLLERING EXHIBIT "A" PARCEL 23 LIFT STATION PAGE 3 OF 3 J 5e�°� - ,s,�, oArE:. eraa.4 2otY FleeneooK - wx - WA EMM - O f OGERS G: B. WK APPROVE: ,tNUMK SCALP .w NO] A I ITI I tj ON I I VA31.1 ZI.-ITI M AX0=10 I; Proposed Zoning Changes Woman Hollering Creek Lift Station Unit 1 Block 1, Lot 1 Existing Zoning: Development Agreement (DVL) Proposed Zoning: Public Use (PUB) AN WEE S No" I rf-I A SCHHERTZ N WOMAN HOLLERING CREEK LIFT STATION UNIT 1 C3 w�E COMMUNITY* SERVICE* OPPORTUNITY BLOCK 1, LOT 1 13805 IH 10 E s rofflay, [Ato ILI I I wm*i 4 Afirol zno:lol .3 1715- 13784 IH 10 E (339360) IH 1C 14210 E IH 10 (339353) 00— , .,O,o .00$ N WOMAN HOLLERING CREEK +-4 LIFT STATION UNIT 1 C3 0 BLOCK 1, LOT 1 13805 IH 10 E Agenda No. 12. ei IRIUM City Council Meeting: March 10, 2020 Department: Emergency Medical Services Subject: Corona Virus (COVID-19) Update (C. Kelm /J. Mabbitt) Update on how the public safety departments are prepared for the Corona Virus (COVID -19).