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08-25-2020 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL August 25, 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 City Council will bold its regularly scheduled meeting at 6:00 pm., "Tuesday, August 25, 2020, at the City Council Chambers. In lieu of attending the meeting in person, residents will have the opportunity to watch the meeting via live stream on the City's YouTube Channel. Call to Order Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Allison Heyward) 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 August 25, 2020 City Council Agenda Page 1 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. 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. j Minutes — Consideration and /or action regarding the approval of the minutes of the Special meeting of August 7, 2020, and the minutes of the Regular meeting of August 1.1, 2020. (B. Dennis) Z Resolution No. 20 -R -95 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing Agreements with the Drug Enforcement Administration. (C. Kelm /M. Hansen) 3 Resolution No. 20 -R -94 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing the City Manager to sign an Interlocal Agreement for Fire Protection Services with Bexar County. (C. Kelm/K. Long) 4. Resolution No. 20 -R -96 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing the City Manager to enter into an indefinite quantity, indefinite delivery contract with Brauntex Materials for asphalt, hot mix, and other related materials. (C. Kelm/ S. Williams) 5 Resolution No. 20 -R -93 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas amending Resolution 20 -R -67 which called the November 3, 2020 City of Schertz Joint General Election with Comal County, Bexar County and Guadalupe County and approving the Comal County Agreement /Memorandum of Understanding, Bexar County Agreement/Memorandum of Understanding and the Guadalupe County Election Contract, and by revising the early voting period. (B. Dennis /Council) 6. Ordinance No. 20 -11-25 - Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas, amending the Code of Ordinances, Chapter 34 "Health ". Final Reading (C. Kelm /M. Bane) August 25, 2020 City Council Agenda Page 2 "] Ordinance No. 20 -T -27 - 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, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. Final Reading (M. Browne /B. James /J. Walters) g, Ordinance No. 20 -F -26 - Consideration and /or action approving an amendment to Ordinance 15 -F -17 by the City Council of the City of Schertz, Texas, repealing an Ordinance of the code of Ordinances of the City of Schertz and adopting a new Ordinance with updated provisions regarding the collection and disposition of solid waste and recyclable material in the City; providing for the removal of an outdated table and referencing the City's current FY fee schedule. First Reading (C. Kelm /S. Williams /J. Hooks) Discussion and Action Items Public Hearings 9. Public Hearing on Proposed Budget for FY 2020 -21 - Conduct a public hearing and presentation regarding the adoption of the FY 2020 -21 Budget. (First required public hearing) (M. Browne /B. James /J. Walters) 10. Public Hearing on the Proposed Tax Rate - Conduct a public hearing regarding the adoption of the FY 2020 -21 Tax Rate. (First required public hearing) (M. Browne /B. James /J. Walters) Workshop 11. Workshop Discussion and Update (Ordinance 20 -H -18) - Discussion and update regarding the COVID -19 virus and our current Ordinance No. 20 -H -18 Declaration of Local Disaster. (M. Browne /K. Long) Roll Call Vote Confirmation Closed Session 12. The City Council will meet in Closed Session in accordance with Section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. • Project E -062 August 25, 2020 City Council Agenda Page 3 13 The City Council will meet in Closed Session in accordance with Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, sale, lease, or value of real . property, or real estate needed for future right of way. 14. The City Council will meet in Closed Session in accordance with Section 551.071 of the Texas Government Code to receive legal advice from its attorneys regarding the following litigation: • Cause No. D- 1- GN -18- 000535; Green Valley Special Utility District v. Public Utility Commission of Texas; Deann T. Walker, Arthur D'Andrea, and Brandy Marty Marquez, in their official capacities as Commissioners of the Public Utility Commission of Texas; Brian H. Lloyd, in his official capacity as Executive Director of the Public Utility Commission of Texas, or his successor; and the City of Schertz, Texas, in the 419th District Court of Travis County, Texas; • No. 18- 51092; Green Valley Special Utility District v. City of Schertz, Texas; DeAnn T. Walker, in her official capacity as Chairman and Commissioner of the PUC; Arthur C. D'Andrea, in his official capacity as a Commissioner of the PUC; John Paul Urban, in his official capacity as Executive Director of the Public Utility Commission of Texas; Brian James, in his official capacity as the City Manager of the City of Texas, TX; Shelly Botkin; in the United States Court of Appeals for the Fifth Circuit; • No. 07- 20- 00167 -CV; City of Schertz and Cibolo Creek Municipal Authority v. Texas Commission on Environmental Quality and Green Valley Special. Utility District; in the Seventh Court of Appeals, Amarillo, Texas; and • No. 19- 51056; City of Schertz v. United States Department of Agriculture, acting by and through George Ervin "Sonny" Perdue, III, Secretary of Agriculture; Rural Utilities Service, acting by and through Edd Hargett, Sate Director; Green Valley Special Utility District; in the United States Court of Appeals for the Fifth Circuit. Reconvene into Regular Session 12A. Take any action based on discussions held in closed session under Agenda Item 12 . 13A. Take any action based on discussion held in closed session under Agenda Item 13. 14A. Discuss, consider and take any action based on discussions held in closed session under agenda Item 14 regarding pending litigation, including: • Cause No. D- 1- GN -18- 000535; Green Valley Special Utility District v. Public Utility Commission of Texas; Deann T. Walker, Arthur D'Andrea, and Brandy Marty Marquez, in their official capacities as Commissioners of the Public Utility Commission of Texas; Brian H. Lloyd, in his official capacity as Executive Director of the Public Utility Commission of Texas, or his successor; and the City of Schertz, Texas, in the 419th District Court of Travis County, Texas; August 25, 2020 City Council Agenda Page 4 • No. 18- 51092; Green Valley Special Utility District v. City of Schertz, Texas; DeAnn T. Walker, in her official capacity as Chairman and Commissioner of the PUC; Arthur C. D'Andrea, in his official capacity as a Commissioner of the PUC; John Paul Urban, in his official capacity as Executive Director of the Public Utility Commission of Texas; Brian James, in his official capacity as the City Manager of the City of Texas, TX; Shelly Botkin; in the United States Court of Appeals for the Fifth Circuit; • No. 07 -20- 00167 -CV; City of Schertz and Cibolo Creek Municipal Authority v. Texas Commission on Environmental Quality and Green Valley Special Utility District; in the Seventh Court of Appeals, Amarillo, Texas; and • No. 19- 51056; City of Schertz v. United States Department of Agriculture, acting by and through George Ervin "Sonny" Perdue, III, Secretary of Agriculture; Rural Utilities Service, acting by and through Edd Hargett, Sate Director; Green Valley Special Utility District; in the United States Court of Appeals for the Fifth Circuit. Roll Call Vote Confirmation Requests and Announcements • Announcements by the City Manager. • Requests by Mayor and Councilmembers for updates or information from staff. • Requests by Mayor and Councilmembers that items or presentations 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 15 Quarterly Financial Reports. (B. James /J. Walters) 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 21st DAY OF AUGUST 2020 AT 11:00 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE August 25, 2020 City Council Agenda Page 5 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. 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 II Board August 25, 2020 City Council Agenda Page 6 Councilmember Heyward — Place 6 Audit Committee Investment Advisory Committee Schertz Animal Services Advisory Commission Councilmember Brown — Place 7 Main Street Committee Schertz - Seguin Local Government Corporation - August 25, 2020 City Council Agenda Page 7 Agenda No. 1. ei Olum City Council August 25, 2020 Meeting: Department: City Secretary Minutes — Consideration and /or action regarding the approval of the minutes of Subject: the Special meeting of August 7, 2020, and the minutes of the Regular meeting of August 11, 2020. (B. Dennis) The City Council held a Special meeting on August 7, 2020, and a Regular City Council meeting on August 11, 2020. Recommend approval of the minutes of the Special meeting of August 7, 2020, and approval of the minutes of the Regular meeting of August 11, 2020. Attachments 8 -7 Draft min 8 -1.1 Draft min MINUTES SPECIAL MEETING August 7, 2020 A Special Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 7, 2020, at 8:00 a.m. at the Hal Baldwin Municipal Complex Civic Center Bldg. #5 - Bluebonnet Hall, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Present: Mayor Ralph Gutierrez; Mayor Pro-Tern Tim Brown; Councilmember Mark Davis; Councilmember Rosemary Scott; Councilmember Scott Larson; Councilmember Michael Dahle; Councilmember David Scagliola; Councilmember Allison Heyward City Staff- City Manager Dr. Mark Browne; Assistant City Manager Brian James; Assistant City Manager Charles Kelm; City Attorney Daniel Santee; City Secretary Brenda Dennis; Assistant to the City Manager Sarah Gonzalez; Fire Chief Kade Long; Police Chief Michael Hansen; Assistant Police Chief Mark Bane; EMS Director Jason Mabbitt; EDC Director Adrian Perez; Public Works Director Suzanne Williams; Assistant Public Works Director Scott McClelland; City Engineer Kathy Woodlee; Engineer John Nowak; Finance Director James Walters; Assistant Finance Director Babett Martin; Financial Analyst Maya LeDoux; Planning & Community Development Director Lisa Wood; Human Resource & Purchasing Director Jessica Kurz; Parks, Rec. & Community Services Director Lauren Shrum; IT Director Myles Clauser; GIS Coordinator Tony McFalls; GIS Coordinator Tony McFalls; Public Affairs Director Linda Klepper; Court Adminirator Patty Casas Attendees: Richard Kunz, Cedric Edwards, Jill Whittaker, Officer Scott Moorehouse Call to Order (General Comments) Mayor Gutierrez called the Special meeting to order at 8:07 a.m. Mayor Gutierrez mentioned for those who have signed up to speak, that he would address them after the presentations have been made. Welcome/Overview *Discussion and direction regarding mid-budget preparations, including but not limited to City Policies and Capital Improvement Program. (M. Browne) H City Manager Dr. Browne provided the following regarding the retreat overview. • COVID -19 Overview Fire Chief Kade Long, City Manager Dr. Browne and Finance Director James Walters provided updates regarding current numbers, current and anticipated fiscal impact regarding anticipated savings, impact on sales tax, and lost revenues as well as addressed questions from Council. • Current FY 19/20 Budget Engineer John Nowak and Public Works Director Suzanne Williams provided the following updates: addressing questions from Council: • CIP Update - Use of excess reserves were invested in core infrastructure areas: Streets - Completed projects in FY19 /20, street projects ongoing funded in FY19 /20, SPAM Projects, Sidewalks - completed in FY 19/20, ongoing projects funded in FY 19/20, Drainage - completed projects in FY 19/20 and ongoing projects funded in FYI 9/20. Mayor Gutierrez recognized Mr. Cedric Edwards, 1016 Keanna Place who addressed Council regarding the need for more budgeted dollars for streets, he mentioned that he and others in neighborhood were not happy with the chip seal placed on the roads in The Estates of Wilson's Preserve. Assistant City Manager Charles Kelm provided a Facilities update for FYI 9/20 addressing questions from Council. Parks, Recreation and Community Services Director Lauren Shrum provided a Parks update for FYI 9/20 addressing questions from Council. CIP Wrap -up: City Manager Dr. Browne provided a wrap -up stating we have completed a lot of projects and have many ongoing, but is it sustainable in personnel and resources? Dr. Browne addressed questions from Council. • FY 20/21 Budget Key Messages City Manager Dr. Browne and Finance Director James Walters provided the FY 20/21 Budget Key Message - Budget built in with Scenario 1 in mind: Direction from Council at the pre- budget retreat - more emphasis on "business as usual." Change in Revenue /Expense Projections - More aggressive /more risk - expenses - increase vacancy rate for personnel, revenues - increase sales tax percentage, increase property tax percentage. Estimated additional funding of $440.000. N • FY 20/21 Budget Highlights & Discussion Various Staff members provided information on the following addressing questions from Council. • Comprehensive Land Use Plan/Unified Development Code Update (Brian James presented) Proposed to include following components: Updates to Future Land Use Plan, Parks Master Plan, and any sub - elements we desire to include (housing, education, etc.) Will also look at implications to Master Thoroughfare Plan and Water and Sewer Master Plan. • CIP Funding: Streets (John Nowak presented). Parks /Trails (Lauren Shrum presented) Drainage & Sidewalks (Charles Kelm /Suzanne Williams presented) Allocated additional funds in General Fund for following areas: Streets - $200,000 So how much do we have for streets next year? Amount currently have in General Fund (recurring) - $210,000 Estimated remaining 19/20 Reserves - $320,000 Some bond funds from NTE left over - ? Amount adding (one -time) - $200,000 Total: Estimated $700,000 +? Staff reviewed how we will spend the estimated $700,000 PCI Study $100,000 Contribution to FM 3009 /FM 78 crossing study (with TxDot) - $200,000 Lindbergh (Main to Exchange) reconstruction and storm drain $720,000 - $1,000,000 Will prioritize these remaining 2020 CIP Projects in early FY 2020 -21 when funding amounts finalized Parks /Trails - $ 1 50,000 CIP Total General Fund Amount Amount currently have (recurring) - $235,000 Amount adding (one -time) - $150,000 Total:$385,000 Staff reviewed how we will spend the $385,000 Thulemeyer Park additional parking $100,000 Ashley Park Pavillion $35,000 Ashley Park Playscape $65,000 Piekrell Park Improvements $35,000 North Trail section $150,000 Drainage - $100,000 3 CIP Total Funding Amount Amount currently have (recurring) - $83,000 Amount adding (one -time) - $100,000 Total: $1.83,000 Staff reviewed how we will spend the $183,000 Amazon Channel - Design and Construction estimate $300,000 Remainder to be paid from Drainage Reserves Sidewalks - $5000 Sidewalks (part of PW Streets budget) CIP Total General Fund Amount Amount currently have (recurring) - $75,000 Amount adding (one -time) - $50,000 Total: $125,000 Staff reviewed how we will spend the $125,000 Projects: Curtis Avenue (Beacon to FM 151.8) Construction estimate $50,000 Finishes sidewalk from Clemens to 1518 Aero Ave. (Schertz Pkwy to 1518) Construction estimate $150,000 • Facilities Update (Charles Kelm presented) Fleet (Building 27) renovation (Design /Build) $1.65M — Estimated Completion September 2021 Bldg 1 Court/Inspections /Billing Counter $11 OK — Scope Development October 2020 Community Center Interior refinish $20K — Scope Development October 2020 Civic Center Floor repair and replacement $35K — Scope Development November 2020 Building 10 renovation (Parks) $140K — Scope Development January 2021 Staff reviewed the Facilities CIP (Expanded Program - Funded) • Class & Comp Implementation/employment cost index (ECI) (James Walters presented) Fund at 97% of median over 5 years Employment Cost Index (ECI) 1% initial (FY 20/21) - effective Oct. 1 11 0.25% following 4 years End up at 2% Funding personnel recommended by Staffing Study. (James Walters presented) Update on 9 positions: Patrol Officer — recruiting Fleet Manager — hired Engineer — offer in progress Street Crew (3) — hired all 3 Park Maintenance Tech — interviewing, offer coming Kennel (2) — one filled; second position interviewing phase Evaluated requested positions based on study Proposing 4 new positions: Police — Captain Police — School Resource Officer Fire — Emergency Management Coordinator Planning — Senior Planner Mayor Gutierrez recessed the meeting at 11:30 a.m. for lunch break. Mayor Gutierrez reconvened the meeting at 12:43 p.m. . FY 2020 -21 Budget City Manager Dr. Mark Browne and Finance Director James Walters provided Council with information on the General Fund Proposed Budget $37,214,581. Increase of $972,075 or 2.7 %, from FY 2019 -20 adopted budget, not including infrastructure funding. Non Personnel Budgets decrease 4.5% due to fewer capital purchases and lower tax abatement payments. Personnel Budgets increase 6.9% to act on the Class & Comp Study, Merit, insurance, ECI, and add 4 positions. General Fund: Proposed budget assumes a 26% fund balance requirement. Choices made in the proposed budget will reduce the fund balance to 26% over th next 5 years. Long Term Debt Model discussion: For I &S Fund - purpose to avoid large tax increases in future Design: Model is long term in nature, includes all current debt obligations, takes into account the growth of the tax base, ensures fund balance never falls below a certain level At I &S rate of $0.1651: includes the following upcoming debt issuances: FY20 /21 - FM 1518 $91400.000 - committed /voter - approved Infrastructure $1,500.000 - not assigned to projects After FY20 /21 - includes the following upcoming debt issuances: FY22/23 - $20 Million - Fire Station 4 - $10.1 million; Roads /drainage /parks /facilities equipment FY24/25 - $21 Million - Public Safety Building - $15 -21 million FY26/27 - $15 Million - Infrastructure Discussion regarding 2020 Property Values Tax Rate discussion: • No New Revenue: The tax rate which will generate the same revenue for the city from property on the previous year's tax roll. $0.5079 • Voter Approval Rate: The rate if exceeded triggers an automatic election on the tax rate. $0.5247 • Current: The rate currently adopted by the City. $0.5146 • Proposed Max: The maximum rate set at which the final adopted rate cannot exceed. $0.5146 this amount the proposed budget assumes this rate. - $0.01 is equal to $390,000 revenue or $24.45 on the average home. • Target Tax Rate M &O Current rate $0.3496, Proposed Maximum $0.3495 - For day to day operations I &S Current rate $0.1650, Proposed Maximum $0.1651 - To pay the City's debt Total: $0.5146 Current - Proposed $0.5146 At $0.5079 No New Revenue Rate Existing Residents Average City Tax Bill 2019 Tax Bill = $1200 Avg Home Value $233,200 2020 Tax Bill = $1241 Avg Home Value $244,500 Increase = $ 41 * *This represents the increase of the tax bill on the average taxable home value, including new construction. At Current Rate $0.5146 Existing Residents Average City Tax Bill 2019 Tax Bill = $1200 Avg Home Value $233,200 2020 Tax Bill = $1258 Avg home Value $244,500 Increase = $ 58* (increase of $17)** *This represents the increase of the tax bill on the average taxable home value, 6 including new construction * *This represents the increase of the tax bill on the average existing home At $0.5247 Voter Approval Rate Existing Residents Average City Tax Bill 2019 Tax Bill = $1200 Avg Home Value $233,200 2020 Tax Bill = $1282 Avg Home Value $244,500 Increase = $ 82* (increase of $41**) *This represents the increase of the tax bill on the average taxable home value, including new construction * *This represents the increase of the tax bill on the average existing home • Discussion and direction regarding the proposed expanded programs. (M. Browne) Ms. Gonzales reviewed the programs /personnel now funded: Ms. Gonzales provided proposed programs /personnel that would be funded at the Current rate of $0.5146: Personnel funded at No New Revenue(Effective Rate) $0.5079 - Cut $260K recurring costs (Captain, EMS, Senior Planner Positions) Discussion regarding cut line programs /personnel at voter approval rate $0.5247.Could fund additional 400K recurring personnel (in green) Cut Line Discussion at Voter Approval Rate - $0.5247 OR Fund additional $400,000 in one -time programs (in green) Remaining Unfunded Requests (in yellow) - Programs 9 Cut Line Discussions continued for the remaining unfunded requests for personnel and programs. Assistant City Manager Charles Kelm provided a PowerPoint on options and an overview of the police compression issues. Council concurred to continue to meet with the association to address their issues. HR and City Management to work with the employees, have ongoing conversations and come back with a report to Council in 60 days. Hearing of Residents Mayor Gutierrez recognized Mr. Richard Kunz, 2960 Red Tip Drive who provided general comments regarding the budget for 2020 and appreciation with discussions regarding the compression issues. Adjournment As there were no further discussions, Mayor Gutierrez adjourned the meeting at 1:21 p.m. 10 Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary lin DRAFT MINUTES REGULAR MEETING August 11, 2020 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 11, 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 Rosemary Scott; Councilmember Scott Larson; Councilmember Michael Dahle; Councilmember David Scagliola; Councilmember Allison Heyward; Councilmember Tim Brown; Councilmember Mark Davis 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 Call to Order — City Council Regular Session Mayor Gutierrez called the regular meeting to order at 6:00 p.m. Call to Order Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Scagliola) Mayor Gutierrez recognized Councilmember Scagliola who provided the opening prayer followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Mayor Gutierrez gave specific requests to guests and staff in reference to wearing their masks during the City Council meeting and departing the Council meeting. A. Mayor Pro -Tem Oath of Office - Oath of Office administered to Councilmember Rosemary Scott. (B. Dennis) Mayor Gutierrez recognized City Secretary Brenda Dennis who administered the Oath of Office for Mayor Pro -Tem to Councilmember Rosemary Scott. City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm /S. Gonzalez) Mayor Gutierrez recognized Assistant City Manager Brian James who announced the City of Schertz will be holding its General Election on November 3, 2020, for the purpose of electing Council Members in Place 3, Place 4, and Place 5 for a three -year term. Deadline to file is Monday, August 17, 2020, by 5:00 p.m. Candidate packet and qualification information regarding the election can be found on our City website as well as contacting the City Secretary's office. • Announcements and recognitions by the City Manager (M. Browne) Mayor Gutierrez recognized City Manager Dr. Mark Browne who asked Engineer John Nowak to come to the front of the chamber and presented him with the City Manager's Coin for his exemplary work on our Street Preservation and Maintenance Program (SPAM) and our CIP plan for future growth in our city. Dr. Browne expressed his appreciation for Mr. Nowak's hard work and his demonstration of the three core values that are represented on the City Manager's Coin, Community, Service and Opportunity. Mr. Nowak gave a heart felt thank you for the presentation and gave credit to the team he works with. Mayor Gutierrez also thanked Mr. Nowak for his dedication and hard work. City Manager Dr. Mark Browne announced on Thursday, August 13, 2020, we have our public Community Budget Meeting at the Civic Center in the Grand Ballroom at 6:30 p.m. Dr. Browne stated we did not post for a possible quorum so all Council will not be able to attend. • Announcements and recognitions by the Mayor (R. Gutierrez) None at this time. Hearing of Residents N This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Gutierrez recognized the following who spoke: • Mr. Cody Schmidt, 7846 Green Valley Road - Spoke about his concern with safety issues /conditions on Green Valley Rd. in the area where it meets Eckhardt Rd. Mr. Schmidt runs a new business in this location and wanted to express his concern for the condition of the road and ask for a possible time frame or plan for it to be addressed. Mayor Gutierrez asked City Secretary Brenda Dennis if any resident had signed up on -line to be heard. She indicated there were none. Workshop 1. Proposed FY 2020 -21 Budget - Workshop and Discussion on the Proposed FY 2020 -21 Budget. (M. Browne /B. James /J. Walters) Mayor Gutierrez recognized Finance Director James Walters who provided a PowerPoint presentation touching on the highlights of the proposed FY 2020 -2021 budget, listened to concerns /opinions and answered questions from Council. Mayor Gutierrez, along with Council, thanked staff for their hard work on producing a good budget proposal. 3 2. Workshop Discussion and Update (Ordinance 20-11-18) - Discussion and update regarding the COVID- 19 virus and our current Ordinance No. 20-H- 18 Declaration of Local Disaster. (M. Browne/K. Long) Mayor Gutierrez recognized Fire Chief Kade Long who provided a PowerPoint presentation announcing Schertz Public Library is set to receive a $24.7k federal grant for equipment and software to create virtual programming and in-demand e-books and updated Council on COVID- 19 statistics. Chief Long answered questions from Council. City Manager Dr. Mark Browne asked Council if they would like to continue with the COVID- 19 Workshop updates at every Council meeting. Discussion ensued from Council with a consensus of having a condensed version/PowerPoint at every Council meeting. Consent Agenda Items The Consent Agenda is considered self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 3. Minutes — Consideration and/or action regarding the approval of the minutes of the meeting of August 4, 2020. (B. Dennis) 4. Resolution No. 20-R-89 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a contract with M&C Fonseca Construction Co., Inc. relating to the construction of the F.M. 1103 TxDOT Utility Adjustments Phase 11 Project and authorizing the budget expenditures for the project. (C. Kelm/S. Williams/S. McClelland) 5. Resolution No. 20-R-82 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a contract with San Antonio Constructors, Ltd., relating to the Cherry Tree Drive Rehabilitation Project and authorizing the budget expenditures for the project. (B. James/K. Woodlee/J. Nowak) 6. Resolution No. 20-R-88 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to enter into a Service Contract with Fort Sam Houston Independent School District for EMS services. (C. Kelm/J. Mabbitt) Mayor Gutierrez asked Council if there were any items to be removed from Consent for separate action. None given at this time. 11 Moved by Councilmember Allison Heyward, seconded by Councilmember Michael Dahle to approve consent agenda items 3 through 6. AYE: Mayor Pro -Tem Rosemary Scott, Councilmember Scott Larson, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown, Councilmember Mark Davis Passed Discussion and Action Items 7. Resolution No. 20 -R -78 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, for the authorizing of an agreement with DAC, Inc. of New Braunfels, Texas, for the city -wide access control systems upgrade project. (B. James /M. Clauser) Mayor Gutierrez recognized IT Director Myles Clauser who introduced the need /details for a new city wide access control system and authorizing an agreement with DAC, Inc. Moved by Councilmember Mark Davis, seconded by Councilmember David Scagliola to approve Resolution. No. 20 -R -78. AYE: Mayor Pro -Tem Rosemary Scott, Councilmember Scott Larson, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown, Councilmember Mark Davis Passed 8. Ordinance No. 20 -H -25 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, amending the Code of Ordinances, Chapter 34 "Health ". First Reading (C. Kelm /M. Bane) Mayor Gutierrez recognized Assistant Police Chief Marc Bane who provided a PowerPoint presentation on amending the Code of Ordinances, Chapter 34 "Health" regarding mobile food vendors, licensing & Inspections and answered questions from Council. Moved by Councilmember Scott Larson, seconded by Councilmember Allison Heyward to approve Ordinance 20 -H -25 on First Reading. AYE: Mayor Pro -Tem Rosemary Scott, Councilmember Scott Larson, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown, Councilmember Mark Davis Passed 9. Resolution No. 20 -R -84 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a preliminary maximum tax rate for fiscal year 2020 -21 and setting the Public Hearing dates, and other matters in connection therewith. (M. Browne /B. James /J. Walters) Mayor Gutierrez recognized Finance Director James Walters who provided a PowerPoint presentation outlining a preliminary maximum tax rate for fiscal year 2020 -2021 and answered questions from Council. Councilmembers provided their comments and addressed questions to staff. Mayor Gutierrez gave his closing remarks on the tax rate and recognized City Manager Dr. Mark Browne who stated staff could provide an option showing a reduced tax rate if Council wanted it. Mayor Gutierrez agreed that would be helpful moving forward and that we should have a goal of reducing the tax rate. Mayor Gutierrez clarified once voted on, the maximum tax rate can't go up but can do down. Moved by Councilmember Michael Dahle, seconded by Councilmember Allison Heyward to approve Resolution No. 20 -R -84 setting a preliminary tax rate at .05146 and scheduling public hearings. AYE: Mayor Pro -Tem Rosemary Scott, Councilmember Scott Larson, Councilmember Michael Dahle, Councilmember Allison Heyward, Councilmember Tim Brown, Councilmember Mark Davis NAY: Councilmember David Scagliola Passed 10. Ordinance No. 20 -T -27 - 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, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. First Reading (M. Browne /B. James /J. Walters) Mayor Gutierrez recognized Finance Director James Walters who provided specific details on requested budget adjustments and answered questions from Council. 6 Mayor Gutierrez took a moment to express his gratitude and thank the City of Converse for providing a blocker truck for our Fire Department. Moved by Councilmember Michael Dahle, seconded by Councilmember David Scagliola to approve Ordinance 20 -T -27 on First Reading. AYE: Mayor Pro -Tern Rosemary Scott, Councilmember Scott Larson, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown, Councilmember Mark Davis Passed Roll. Call Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the roll call vote confirmation for agenda items 3 through 10. Requests and Announcements • Announcements by the City Manager. None at this time. • Requests by Mayor and Councilmembers for updates or information from staff. Mayor Gutierrez recognized Mayor Pro -Tem Rosemary Scott who requested the state of Schertz parks with walking trails and bike lanes (if applicable) to see where we are with our parks. • Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda. None at this time. • 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 Mayor Pro -Tem Rosemary Scott who stated she attended and very much enjoyed the City Council Budget Retreat and is happy with the progress we are making as a city. Mayor Gutierrez recognized Councilmember Michael Dahle who stated he also attended the City Council Budget Retreat and appreciated staff answering all of his questions. He also attended/helped Parks with their craft give away and enjoyed seeing the kid's excitement with the project /event. He announced the same event would take place at Wendy Swan Park this weekend. Mayor Gutierrez recognized Councilmember David Scagliola who stated he attended the City Council Budget Retreat and thanked staff for their presentation and also thanked the City Secretary Brenda Dennis for organizing the event. Mayor Gutierrez recognized Councilmember Allison Heyward who stated she attended the Commissioners Court Meeting. She also attended the Guadalupe County Community Coalition Meeting (they are looking for people to volunteer to help the organization move forward). Mayor Gutierrez stated he appreciated our staffs work on the Budget Retreat and commented on how informative it was. Adjournment As there was no further business, Mayor Gutierrez adjourned the meeting at 7:47 p.m. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary ei IRIUM City Council August 25, 2020 Meeting: Department: Police Department Agenda No. 2. Subject: Resolution No. 20 -R -95 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing Agreements with the Drug Enforcement Administration. (C. Kelm /M. Hansen) Trafficking in narcotics and dangerous drugs and trafficking in controlled substance pharmaceuticals exists in the San Antonio area to include the City of Schertz. Having our officers assigned to DEA task force units provides experienced investigative staff knowledgeable in the local area and cultures to the DEA. In return, the City has use of all the resources available from multiple Federal law enforcement agencies in local investigations. There is also a financial incentive realized in shared seized assets from our coordinated efforts in area DEA investigations. GOAL To renew the agreement for the two officers currently assigned to two DEA Task Force Units for Fiscal Year 2021 COMMUNITY BENEFIT There is benefit from the immediate availability of Federal resources in local investigations. Although many of these resources would ultimately become available in time, it is far more efficient when we are able to contact Schertz investigators and immediately activate such resources. There is also a financial . benefit associated with shared seized assets resulting from joint investigations. Y1104 hl /\.3 0 a -1i XVI►/ 1►/ 114011110111XIXON I [17►1 Staff recommends approval of the attached Resolution authorizing the Chief of Police to enter into these agreements with the Drug Enforcement Administration. FISCAL IMPACT There is no additional fiscal impact associated with this agreement. The positions are existing and included in the annual budget. Staff recommends approval of the attached Resolution authorizing the Chief of Police to enter into these agreements with the Drug Enforcement Administration. Attachments Resolution Program Funded Task Force Agreement Tactical Diversion Task Force Agreement RESOLUTION NO. 20 -R -95 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AGREEMENTS WITH THE DRUG ENFORCEMENT ADMINISTRATION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, there is evidence that trafficking in controlled substance pharmaceuticals and/or listed chemicals exists in the San Antonio area to include the City of Schertz; and WHEREAS, there is evidence that trafficking in narcotics and dangerous drugs exists in the San Antonio area to include the City of Schertz; and WHEREAS, the Schertz Police Department and the Drug Enforcement Administration desire to enter into AGREEMENTS regarding the use of experienced investigators familiar with the local area and culture to assist in the investigations of DEA Task Force Units and the resources of various Federal agencies to assist in local investigations; and WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter agreements with the Drug Enforcement Administration; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into agreements with the Drug Enforcement Administration. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the Chief of Police to enter into the agreements attached 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 25th day of August, 2020. CITY OF SCHERTZ, TEXAS Mayor, Ralph Gutierrez ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - PROGRAM FUNDED STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 1 t day of October 2020, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Schertz Police Department (hereinafter "SPD "), ORI Number TX0940200. The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the San. Antonio, Texas, area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Texas, the parties hereto agree to the following: 1. The San Antonio Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the San Antonio, Texas, area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Texas. 2. To accomplish the objectives of the San Antonio Task Force, the SPD agrees to detail one experienced officer(s) to the San Antonio Task Force for a period of not less than two years. During this period of assignment, the assigned SPD officer(s) will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The SPD officer(s) assigned to the Task Force shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The SPD officer(s) assigned to the Task Force shall be deputized as Task Force Officer(s) of DEA pursuant to 21 USC 878. 5. To accomplish the objectives of the San Antonio Task Force, DEA will assign 21 Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and SPD officer(s) to the Task Force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training and other support items. If the SPD provides the officer(s) with a vehicle, DEA will be financially responsible for the purchase of fuel. Page 1 of 3 6. During the period of assignment to the San Antonio Task Force, the SPD will remain responsible for establishing the salary and benefits, including overtime, of the officer(s) assigned to the Task Force and for making all payments due them. DEA will, subject to availability of funds, reimburse the SPD for overtime payment. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a GS -12, Step 1, of the General Pay Scale for the Rest of United States. Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal year basis, and which provides the names of the investigators who incurred overtime for DEA during the invoiced period, the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator, and the total cost for the invoiced period. Invoices must be submitted at least quarterly within 10 business days of the end of the invoiced period. Note: Task Force Officer s overtime shall not include any costs for benefits, such as retirement, FICA, and other expenses. 7. In no event will the SPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The SPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts. 9. The SPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The SPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved or for a period of six (6) years after termination of this agreement, whichever is sooner. 10. The SPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The SPD agrees that an authorized officer(s) or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. The SPD acknowledges that this agreement will not take effect and no federal funds will be awarded to the SPD by DEA until the completed certification is received. 12. When issuing statements, press releases requests for proposals, bid solicitations and other documents describing programs or projects funded in whole or part with federal money, the SPD shall clearly state: (1) percentage of the total cost of the program or project which will be financed with federal money and (2) the dollar amount of federal funds for the program or project. Page 2 of 3 13. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2021. This agreement maybe terminated by either party on 30 days advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by SPD during the term of this agreement. For the Drug Enforcement Administration: Steven S. Whipple Special Agent in Charge For the Schertz Police Department: Michael R. Hansen Chief of Police Page 3 of 3 Date: Date: TACTICAL DIVERSION TASK FORCE AGREEMENT This agreement is made this 1St day of October 2020, between the United States Department of Justice, Drug Enforcement Administration (hereinafter ":DEA "), and the Schertz Police Department (hereinafter "SPD "), ORI Number TX0940200. The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. Whereas there is evidence that trafficking in controlled substance pharmaceuticals and /or listed chemicals exists in the San Antonio, Texas, area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Texas, the parties hereto agree to the following: 1. The San Antonio Tactical Diversion Squad (TDS) will perform the activities and duties described below: a. Investigate, disrupt and dismantle individuals and /or organizations involved in diversion schemes (e.g., "doctor shopping ", prescription forgery, and prevalent retail -level violators) of controlled pharmaceuticals and /or listed chemicals in the San Antonio, Texas area; b. Investigate, gather and report intelligence data relating to trafficking of controlled pharmaceuticals and/or listed chemicals; and c. Conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Texas. 2. To accomplish the objectives of the San Antonio TDS, the SPD agrees to detail one experienced officer(s) to the San Antonio TDS for a period of not less than two years. During this period of assignment, the SPD officer(s) will be under the direct supervision and control of a DEA supervisory Special Agent assigned to the Task Force. 3. The SPD officer(s) assigned to the TDS shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The SPD officer(s) assigned to the Task Force shall be deputized as Task Force Officer(s) of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the San Antonio TDS, DEA will assign three Special Agents and nine Diversion Investigators to the Task Force. DEA will also, subject to the availability of annual Diversion Control Fee Account (DCFA) funds or any continuing resolution thereof, provide necessary funds, vehicles, and equipment to support the activities of the DEA Special Agents and SPD officer(s) assigned to the TDS. This support will include: vehicles, office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items, as available DCFA funds permit. Task Force officers must record their work hours via DEA's activity reporting system. Page 1 of 3 6. During the period of assignment to the San Antonio TDS, the SPD will remain responsible for establishing the salary and benefits, including overtime, of the officers assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the SPD for overtime payment. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a GS -12, Step 1, of the General Pay Scale for the Rest of United States. Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal year basis, and which provides the names of the investigators who incurred overtime for DEA during the invoiced period, the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator, and the total cost for the invoiced period. Invoices must be submitted at least quarterly within 1.0 business days of the end of the invoiced period. Note: Task Force Officer s overtime shall not include any costs for benefits, such as retirement, FICA, and other expenses. 7. In no event will the SPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The SPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts. 9. The SPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The SPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved, or for a period of six (6) years after termination of this agreement, whichever is sooner. 10. The SPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination. Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and 1. 1.1. The SPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 406116, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. The SPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the SPD by DEA until the completed certification is received. 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing programs or projects funded in whole or in part with Federal money, the SPD shall clearly state: (1) the percentage of the total cost of the program or project which will be financed with Federal money and (2) the dollar amount of Federal funds for the program or project. Page 2 of 3 13. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2021. This agreement may be terminated by either party on thirty days' advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by SPD during the term of this agreement. For the Drug Enforcement Administration: Steven S. Whipple Special Agent in Charge For the Schertz Police Department: Michael R. Hansen Chief of Police Page 3 of 3 Date: Date: Agenda No. 3. ei 10um City Council August 25, 2020 Meeting: Department: Fire Department Subject: Resolution No. 20 -1t -94 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing the City Manager to sign an Interlocal Agreement for Fire Protection Services with Bexar County. (C. Kelm /K. Long) BACKGROUND The Schertz Fire Department is charged with the responsibility of regional fire suppression, protection and prevention. The Fire Department responds to fire and emergency calls in portions of unincorporated Bexar County. This area is generally within our ETJ east of 1518 to the county line, and north of Interstate 10 to F.M. 78. This is an annual agreement between Bexar County and the City of Schertz and has no significant changes from previous years. GOAL Approval of Resolution 20 -R -94 to authorize the City Manager to sign the Interlocal Agreement for Fire Protection Services with Bexar County. COMMUNITY BENEFIT Providing Fire Protection Services to these areas outside the City typically does not adversely impact our responses within the City. We would respond in that area for all types of fires with or without the agreement due to our area -wide mutual aid agreement and the areas' proximity to our city limits. By maintaining this agreement with Bexar County, we are able to receive a small subsidy for providing services in an area that would otherwise be without fire service. SUMMARY OF RECOMMENDED ACTION Staff recommends Council approval of Resolution 20 -R -94 to authorize the City Manager to sign the Interlocal Agreement for Fire Protection Services with Bexar County. FISCAL IMPACT The City receives revenue from Bexar County in the amount of $1,756.48 per month ($21,077.76 annually) per this agreement. Staff recommends Council approval of Resolution 20 -R -94 to authorize the City Manager to sign the Interlocal Agreement for Fire Protection Services with Bexar County. Attachments 1 ' •A Exhibit A RESOLUTION NO. 19 -R -94 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES WITH BEXAR COUNTY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz Fire Rescue Department provides fire service to the citizens of Schertz and is a participant in multiple mutual aid agreements among other jurisdictions to provide and receive fire service; and WHEREAS, the County of Bexar has need of fire services in unincorporated Bexar County and historically contracts with the nearest fire departments to provide that service; and WHEREAS, it is of benefit to both parties and to the residents in those areas, to enter into this Agreement to efficiently provide that service to the area designated in Exhibit A; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ...:.....:..... Section 1. The City Council hereby authorizes the City Manager to enter into the Interlocal Agreement to provide fire protection service to areas within Bexar County as set forth in Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person . or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which. this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 25th day of August, 2020. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A Attached ■ STATE OF TEXAS § INTERLOCAL AGREEMENT FOR COUNTY OF BEXAR § FIRE PROTECTION SERVICES ML1 T N E S SE T H VaMREAS, the Commissioners Court of COUNTY is authorized to provide fire protection and firefighting services to citizens of COUNTY residing outside the city limits of any incorporated city within COLTNTY; VIBEREAS, the Commissioners Court desires to continue to provide such fire protection and firefighting services to citizens of COUNTY residing outside the city limits of CITY, in an area more particularly described on ibit "A" attached hereto and incorporated herein for all purposes (the "designated area"); WHEREAS, all payments for expenses incurred as a result of the performance of ®s Agreement must be made only from current revenues legally available to the respective Parties; and VifffiREAS, CITY represents that it can adequately provide fire protection and firefighting services on behalf of COUNTY, utilizing CITY's fire department ("CITY"), according to the terms and conditions hereinafter stated. NOW, TBEREFORE, in consideration of the mutual covenants and agreements stated herein, the parties agree as follows: ii 1001 The purpose of this Agreement is to secure the services of CITY to provide fire protection and emergency services to the designated area. 0 ARTICLE H DEFINITIONS 2401 For purposes of this Agreement, the following terms shall have the meanings set forth below: (a) FIRE DEPARTMENT ® a firefighting it consisting cif not less than six active firefighters with a minimum of two training sessions each month, each a minimum of two hours long and with a majority of all active firefighters participating at each meeting. (d) ACTIVE FIREFIGHTER ® a firefi ghter who attends a minimum of two training sessions each month, each a minimum of two hours long. (e) PAID FIREFIGHTER - a person, at least eighteen years of age, who meets the criteria set forth by the Texas Commission on Fire Protection Standards and Education® K as a Volunteer Firefighter within three years after joining DEPARTMENT. (g) FIRE ALARM - the fire dispatch service utilized by COUNTY. 3.01 The to of this Agreement is for one year beginning January 1, 2020, and ending December 31, 2020. 3.02 This Agreement maybe terminated by either party with or without cause, upon sixty days written notice delivered by certified mail, return receipt requested or in person, with a written receipt acknowledging delivery, to the other party. 4.01 CITY agrees to perforin the following services in accordance with specifications and standards established by the State Board of Insurance and the office of the State Fire Marshal of Texas, for the benefit of those persons residing in the designated area: K1111 (a) Assist the Bexar County Fire Marshal in fire prevention programs; (b) Establish a continuing training program for CITY personnel; (c) Monitor the Fire Alarm or alert system and radio system on a 24-hour basis; (d) Respond t o e mergencies and fight fires within the designated area or in support of mutual aid agreements made in accordance with this Agreement; (f) Follow all current radio procedures specified by COLTNTY; and (g) Notify Fire Alarm via radio when responding to calls in the designated area even if not dispatched by COUNTY. 4.02 It is expressly agreed between the parties that, in the event of conflicting fire alarms F-1z' I , b- El is otherwise certified by either the Texas Commission on Fire Protection or the Texas Department of State Health ices® 4.05 CITY shall create an inventory listing all of CITY's assets used in the provision emergency services to include, at a minimum, the designation, quantit d,,, , or seri number, condition and location of such assets within sixty (60) days from the date of thi Agreement is executed and provide a copy to COUNTY, I 4.07 CITY shall establish training programs for all firefighters, probationary firefi ghters, reserve firefighters and fire officers pursuant to the curricula established by the State Firemen's and Fire Marshals' Association. ARTICLE V (b) Maintenance and operation of firefighting equipment; and (c) Rental, construction, or purchase of firefighting facilities or buildings. 5.02 COUNTY agrees to provide CITY with dispatch services for the designated area, at no cost to CITY, for the duration of this Agreement. It is understood that the termination of this Agreement terminates the fire dispatch service provided by COUNTY unless CITY enters into a dispatch service agreement with COUNTY. FA ------------ 6.01 COUNTY, through its Fire Marshal, further agrees to furnish, during the term of this Agreement, the following services upon request: 6.02 The County Fire Marshal, or the County Fire Marshal's designee, shall perform as the incident commander in a major event in the unincorporated areas. ARTICLE VH ,EQUEMENT 7.01 CITY shall provide all necessary equipment and transportation in providing services specified in this Agreement. 7.02 CITY agrees to remain responsible for registration, licensing, inspection, repairs, and maintenance of all equipment, and for any and all damages resulting from the use of any of its equipment, including motor vehicles. 7803 COUNTY shall not accrue any equity or ownership interest in any equipment provided by CITY. it �Lly 1110110y uellrafuy-lor ally loss or Idaure-kn-mf--cul L: uspawn conuffuileations e ipmell or because of neglect or failure on the part of the central dispatch service provider. 8.02 CITY and COUNTY agree that there is no requirement upon COUNTY to provide fire protection. COLTNTY, therefore, accepts no responsibility to the residents of the designated area. 9.01 CITY shall provide and maintain automobile liability insurance for all its CITY vehicles having at least the following policy limits: $250,000 Bodily Injury Per Person $500,000 Bodily Injury Per Occurrence .$ 100,000 PMpeLty Damage Per Occurrence (a) Maintain liability insurance through an approved insurance company licensed to do business in Texas. im (d) Provide thirty days advance notice in writing to COLNTY of cancellation or material change of any and all insurance maintained pursuant to this Article. . . ..... ......... 11.01 CITY shall maintain accurate run reports of each incident to which it responds. Reports shall be retained by CITY subject to inspection by COUTTY, through its Fire Marshal, at any time during normal business hours. ARTICLE XII INSPECTION OF BOOKS/FINANCLkL RECORDS 12.01 CITY agrees that the Bexar County Auditor shall have access for inspections and reviews any financial records, reports, or data related to the funds provided herein and the County Auditor may conduct such inspections and reviews at any reasonable time. ARTICLE XIII 12LILLIEPLL02YMMENT OPPORTUNITY AND CIVIL RIGHTS 13001 No person shall illegally be excluded from participation in, or be denied the benefits of, the program which is the subject of this Agreement on the basis of race, creed, color, sex, age, disability or national origin. EV ARTICLE XIV AMENDMENT i p ff! n gil hereto. ARTICLE XV NOTICES 15.01 All notices by the parties 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 COUNTY: County Judge Paul Elizondo Tower 101 W. Nueva, Suite 1000 San Antonio, Texas 78205 With a copy to® County Fire Marshal 9810 Sou ton Rd. San Antonio, Texas 78223-4829 And: County Auditor Paul Elizondo Tower 101 W. Nueva, #800 San Antonio, Texas 78205 If to CITY: City of Sc hertz 1400 Schertz Parkway Schertz ,Tex as 78154-1634 ARTICLE XVI MUTUAL AID 16.01 CITY agrees to use its best efforts to enter into a mutual aid agreement with other fire departments that have contracted with Bexar Count), to provide fire protection services. Z ARTICLE XV11 COMPLIANCE WITH LAWS AND REGULATIONS ARTICLE XVTH PARTIES BOUND ARTICLE XJX 20.01 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. ARTICLE XXI PRIOR AGREEMENTS SUPERSEDE A 21.01 This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. W1 IN WITNESS WHEREOF, this Agreement is executed in duplicate originals this day of s 20204 BY: NELSON W. WOLFF County Judge APPROVED AST LEGAL FORM: DM, J an a S u e .—W' ® =...h.'R.., ... @b..r.,q Wte:2020DG.7S 15:33:16,115100- SUE_JAVA Assistant Criminal District Attorney Civil Division APPROVED AS TO FINANCIAL CONTENT: BY: LEO S. CAL DERA, CIA, CGAP County Auditor DAVID SMITH County Manager B CHRIS LOPE- Fire Marshal M CITY OF SCHERTZ BY: RALPH GUTIERREZ Mayor Date: BY:- BRENDA DENNIS City Secretary Of WISHM �W I I BY:--- FIRE CHIEF i i i i f 7 5 Designated ice Area Schertz FD Response Area EXH I BIT A 12"=!=0N4 It is necessary and desirable that all Federa, tate, oca and tri •a emergency agencies and personnel coordinate their efforts • effectively and efficiently provide the highest level of incident management. The NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the local ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes. The Incident Command System components • NIMS are already an integral part of various incident management activities throughout the State, including current emergency management training programs. It is therefore, resolved, that the Officers • the above mentioned Fire Department hereby establish and adopt the National Incident Management System (NIMS) as the Approved and Adopted this: day of Chief • Operations I cretary F&T-11 RIM 2111041 MKOWWA IMF; 14511 11 1 11 ....... ....... 1. Agenda No. 4. ei Olum City Council August 25, 2020 Meeting: Department: Purchasing & Asset Management Subject: Resolution No. 20 -R -96 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing the City Manager to enter into an indefinite quantity, indefinite delivery contract with Brauntex Materials for asphalt, hot mix, and other related materials. (C. Kelm/ S. Williams) The City of Schertz Public Works Departments completes a number of road repair projects in -house each fiscal year. Part of the project requires obtaining materials such as asphalt and hot -mix to complete the project. In an effort to decrease the amount of administrative time related to each road repair project, City Staff coordinated with Purchasing to complete an Indefinite Delivery, Indefinite Quantity (IDIQ) procurement for street repair related materials. Brauntex Materials has a reputation of providing quality materials and a reasonable price for street related materials. As such, an agreement was negotiated with Brauntex for a list of materials commonly purchased through them. GOAL To increase efficiency and reduce administrative time for Street Repair projects to be completed in -house by establishing an IDIQ agreement with Brauntex Materials. COMMUNITY BENEFIT Executing this agreement will allow for in -house street repairs to be completed in a more timely manner by reducing the amount of time spent on obtaining materials quotes. In addition, the pricing offered by Brauntex Materials for these items is lower than the average rate on daily pick -ups. SUMMARY OF RECOMMENDED ACTION Staff recommends Council approves Resolution 20 -R -96 authorizing the City Manager to execute an agreement with Brauntex Materials FISCAL IMPACT All funding related to this agreement will be taken from existing budgeted funds allocated for Street Repair and Maintenance. RECOMMENDATION Staff recommends that Council approves Resolution 20 -R -96 Attachments Agreement RESOLUTION NO. 20 -R -96 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BRAUNTEX MATERIALS FOR ASPHALT, HOT MIX AND RELATED MATERIALS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") has completed an indefinite quantity — indefinite delivery ( "IDIQ ") procurement for asphalt, hot mix, and other related materials; and WHEREAS, City staff has determined that Brauntex Materials is qualified to provide these materials to the City; and WHEREAS, the City staff has negotiated a fixed rate for these materials; and WHEREAS, City staff has determined it is in the best interest of the City and its Citizens to contract these materials for an on as- needed basis; and WHEREAS, Brauntex Materials has a reputation of consistently providing a quality material for best value to the City; and WHEREAS, the City desires to allow the City Manager to approve and execute an I D I Q contract with Brauntex Materials. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: 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 25th day of August 2020. CITY OF SCHERTZ, TEXAS Ralph Guttierrez, Mayor Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ THE STATE OF TEXAS § GUADALUPE COUNTY § This Service Agreement ( "Agreement ") is made and entered by and between the City of Schertz, Texas, (the "City ") a Texas municipality, and Brauntex Materials, Inc ( "Contractor "). Section 1. Duration This Agreement shall become effective upon the date of the final signature affixed hereto and shall remain in effect through September 30, 2020 with the option to renew for two (2) additional terms of one (1) year each unless terminated as provided for in this Agreement. Section 2. Scope of Work (A) Contractor shall perform the Work as more particularly described in the Scope of Work attached hereto as Exhibit "A ". The work as described in the Scope of Work constitutes the "Project ". (B) The Quality of Work provided under this Agreement shall be of the level of quality performed by Contractors regularly rendering this type of service. (C) The Contractor shall perform its Work for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City except when defects should have been apparent to a reasonably competent Contractor or when it has actual notice of any defects in the reports and surveys. Section 3. Compensation (A) The Contractor shall be paid in the manner set forth in Exhibit "A" and as provided herein. (B) Billing Period. The Contractor may submit an invoice for payment upon completion of the described tasks. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Act "), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act. (C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be included in the scope of Work (Exhibit A) and accounted for in the total contract amount. (D) Payments Subject to Future Appropriation. This Agreement shall not be construed as a commitment, issue, pledge or obligation of any specific taxes or tax revenues for payment to Contractor. CITY OF SCHERTZ PAGE 1 Brauntex Materials, Inc Service Agreement (1) All payments or expenditures made by the City under this Agreement are subject to the City's appropriation of funds for such payments or expenditures to be paid in the budget year for which they are made. (2) The payments to be made to Contractor, or other expenditures under this Agreement, if paid, shall be made solely from annual appropriations of the City as may be legally set aside for the implementation of Article III, Section 52 -a of the Texas Constitution or Chapter 380 of the Texas Local Government Code or any other economic development or financing program authorized by statute or home rule powers of the City under applicable Texas law, subject to any applicable limitations or procedural requirements. (3) In the event the City does not appropriate funds in any fiscal year for payments due or expenditures under this Agreement, the City shall not be liable to Contractor for such payments or expenditures unless and until appropriation of said funds is made; provided, however, that Contractor, in its sole discretion, shall have the right but not the obligation to terminate this Agreement and shall have no obligations under this Agreement for the year in respect to which said unappropriated funds relate. (4) To the extent there is a conflict of this Section and any other language or covenants in this Agreement, this Section 3 shall control. Section 4. Time of Completion The prompt completion of the Work under the Scope of Work relates is critical to the City. Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of the Contractor and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Contractor prior to the time of termination. Section 5. Insurance Before commencing work under this Agreement, Contractor shall obtain and maintain the liability insurance provided for below throughout the term of the Project plus an additional two years. Contractor shall provide evidence of such insurance to the City. Such documentation shall meet the requirements noted in Exhibit B. Contractor shall maintain the following limits and types of insurance: Workers Compensation Insurance: Contractor shall carry and maintain during the term of this Agreement, workers compensation and employers liability insurance meeting the requirements of the State of Texas on all the Contractor's employees carrying out the work involved in this contract. General Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. CITY OF SCHERTZ PAGE 2 Brauntex Materials, Inc Service Agreement Automobile Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the performance of this contract by the Contractor or its employees. Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and independent contractors working under the direction of either the Contractor or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Contractor. Qualifying Insurance: The insurance required by this Agreement shall be written by non - assessable insurance company licensed to do business in the State of Texas and currently rated "B +" or better by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a "claims made" form. Evidence of such insurance shall be attached as Exhibit "C ". Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is provided will not be construed as a waiver of Insured's obligation to maintain such insurance. Section 6. Miscellaneous Provisions (A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Contractor of any responsibility for work done by such subcontractor. (B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Contractor acknowledges that Contractor is an independent contractor of the City and is not an employee, agent, official or representative of the City. Contractor shall not represent, either expressly or through implication, that Contractor is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Contractor. (D) Non - Collusion. Contractor represents and warrants that Contractor has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Contractor further agrees that Contractor CITY OF SCHERTZ PAGE 3 Brauntex Materials, Inc Service Agreement shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the Work performed by Contractor under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Contractor, Contractor shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Contractor under or pursuant to this Agreement. (E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this subsection. (F) Conflict of Terms. Scope of work: In the case of any conflicts between the terms of this Agreement within the Scope of Work, this Agreement shall govern. The Scope of Work is intended to detail the technical scope of Work, fee schedule, and contract time only and shall not dictate Agreement terms. Other Agreements between parties: In the case of any conflicts between the terms of this Agreement and wording contained within any other attachment, amendment, and agreement executed between the parties in conjunction with this Agreement, this Agreement shall govern. (G) Non - Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code, Contractor certifies that either (i) it meets an exemption criterion under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Contractor shall state any facts that make it exempt from the boycott certification as an attachment to this agreement. Relevant definitions from the bill: "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. CITY OF SCHERTZ PAGE 4 Brauntex Materials, Inc Service Agreement "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli - controlled territory, but does not include an action made for ordinary business purposes. Section 7. Termination (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Contractor and City; (2) By either party, upon the failure of the other party to fulfill its obligations as set forth in either this Agreement or a Scope of Work issued under this Agreement; (3) By the City, immediately upon notice in writing to the Contractor, as consequence of the failure of Contractor to perform the Work contemplated by this Agreement in a timely or satisfactory manner; (4) By the City, at will and without cause upon not less than five (5) days written notice to the Contractor. (B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of tennination and only then for those Work that have been timely and adequately performed by the Contractor considering the actual costs incurred by the Contractor in performing work to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Contractor to complete the work required and the time required to do so, and other factors that affect the value to the City of the work performed at time of termination. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all basic, special, and additional Work actually performed prior to termination, together with any reimbursable expenses then due. Section 8. Indemnification CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTz, TEXAS AND ALL OF ITS PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING ATTORNEY'S FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH) OR TO PROPERTY (BOTH REAL AND PERSONAL) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR - EXPRESSLY INCLUDING THOSE ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES. CITY OF SCHERTZ PAGE 5 Brauntex Materials, Inc Service Agreement Section 9. Notices Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such parry by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 10. No Assignment Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. CITY OF SCHERTZ PAGE 6 Brauntex Materials, Inc Service Agreement Section 11. Severability If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 12. Waiver Either City or the Contractor shall have the right to waive any requirement contained in this Agreement that is intended for the waiving parry's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 13. Governing Law; Venue This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 14. Paragraph Headings; Construction The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 15. Binding Effect Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 16. Gender Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 17. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 18. Exhibits & Attachments All exhibits and attachments to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. CITY OF SCIIERTZ PAGE 7 Brauntex Materials, Inc Service Agreement Section 19. Entire Agreement It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 20. Relationship of Parties Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. Section 21. Right To Audit City shall have the right to examine and audit the books and records of Contractor with regards to the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books and records will be maintained in accordance with generally accepted principles of accounting and will be adequate to enable determination of: (1) the substantiation and accuracy of any payments required to be made under this Agreement; and (2) compliance with the provisions of this Agreement. Section 22. Dispute Resolution In accordance with the provisions of Subchapter I, Chapter 271, TEX. LOCAL Gov'T CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other party, which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. Section 23. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire Contractor represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 1.76 of the Texas Local. Government Code. Certificate of Interested Parties Effective January 1, 2016, pursuant to House Bill 1295 passed by the 84th Texas Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Schertz City Council will require the on -line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals. CITY OF SCHERTZ PAGE 8 Brauntex Materials, Inc Service Agreement Contractors are required to complete and file electronically with the Texas Ethics Commission using the online filing application. Please visit the State of Texas Ethics Commission website, httsa{/ www.ethics,state.tx,us /whatsnew /elf info rml295.htm and https-//www.ethics..state,tx.us/tec/1295.-Info.htm for more information. IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. [The remainder of this page is intentionally left blank.] CITY OF SCHERTZ PAGE 9 Brauntex Materials, Inc Service Agreement EXECUTED on this the day of CITY: ,20 . CONTRACTOR: By: By: Name: Dr. Mark Browne Name: Title: City Manager Title: ADDRESS FOR NOTICE: CITY: City of Schertz Attn: Dr. Mark Brown, City Manager 1400 Schertz Parkway Schertz, Texas 78154 CONTRACTOR: Brauntex Materials, Inc 1504 Wald Road New Braunfels, Tx 78132 CITY OF SCIIERTZ PAGE 10 Brauntex Materials, Inc Service Agreement Exhibit "A" •' 101 K"', •' Scope of Work Contractor agrees to supply City with the materials on an as- needed basis at the rates provided in the fee schedule. Fee Schedule Prices listed below are valid through September 30, 2021. Increases for future contract years must be submitted in writing to the City no later than September 1 of each year. PRODUCT ID PRODUCT DESCRIPTION UNIT OF MEASURE MATERIAL RATE 014 HMCL TYPE D TONS $60.00 041 TYPE D HOTMIX PG64 -22 TONS $45.00 046 TYPE B HOTMIX TONS $45.00 CITY OF SCHERTZ PAGE 11 Brauntex Materials, Inc Service Agreement Exhibit "B" The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies as follows: 1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non - renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non - contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B +. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz within ten (10) business days after contract award and prior to starting any work by the successful Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz Purchasing Department 1400 Schertz Parkway Schertz, TX 78154 CITY OF SCFIERTZ Brauntex Materials, Inc Service Agreement emailed to: purchasin gschertz.com Faxed to: 210 - 61.9 -1.169 PAGE 12 CITY OF SCFIERTZ PAGE 13 Brauntex Materials, Inc Service Agreement (Instructions for completing and submitting a certificate to the City of Schertz) Complete the certificate of insurance with the information listed below: A) Certificate of Insurance date B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name /names of insurance company) * *(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. 1) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non - Contributory (4) Cancellation Notice Q) City of Schertz's name and address information must be listed in this section R) Notice of cancellation, non - renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. CITY OF SCFIERTZ PAGE 14 Brauntex Materials, Inc Service Agreement Exhibit "C" CITY OF SCHERTZ PAGE 15 Brauntex Materials, Inc Service Agreement Agenda No. 5. ei Olum City Council August 25, 2020 Meeting: Department: City Secretary Subject: Resolution No. 20 -R -93 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas amending Resolution 20 -R -67 which called the November 3, 2020 City of Schertz Joint General Election with Comal County, Bexar County and Guadalupe County and approving the Comal County Agreement /Memorandum of Understanding, Bexar County Agreement /Memorandum of Understanding and the Guadalupe County Election Contract, and by revising the early voting period. (B. Dennis /Council) BACKGROUND The attached Resolution calls the November 3, 2020, Joint and Schertz General Election to elect Councilmembers in Places 3, 4 and 5, for a three -year term to begin November 2020 and ending November 2023, and revises the early voting period. On July 27, 2020, Governor Greg Abbott issued a proclamation suspending Section 895.001(a) of the Texas Election Code to expand the early voting period for the November 3, 2020 elections. The Early Voting Period will begin on Tuesday, October 13, 2020, and end on Friday, October 30, 2020. Comal County, Bexar County, and Guadalupe County have met with their Commissioners court to approve their early voting locations and election day vote center locations. All Counties will be utilizing Vote Center Locations on election day. This means that any Comal County, Bexar County, or Guadalupe County registered voter can vote at any of their County Election Day Locations, regardless of the precinct in which they reside. GOAL To successfully call the November 3, 2020, Schertz General Election and execute appropriate documents with the County Clerk of Comal County and the Election Administrators of Bexar and Guadalupe Counties to conduct our election, and change the date of the early voting period. COMMUNITY BENEFIT To hold joint elections with the various entities for the November 3, 2020, Schertz General and Joint Elections and other Special Elections with the Comal County Clerk, the Election Administrators of Bexar and Guadalupe Counties thus utilizing several common early voting and election day vote centers for all our registered voters. This will also save the taxpayers money as the different entities also holding elections during this time will share costs. It is recommended Council approve Resolution No. 20 -R -93 calling the November 3, 2020, City of Schertz Joint General Election and approving contracts with the Comal County Clerk and the Elections Administrators of Guadalupe and Bexar County to conduct the election and approving joint election agreements and change the early voting period to begin on Tuesday, October 13, 2020, and end on Friday, October 30, 2020. Estimated Costs are: $3,000 to $3,500 Bexar County $3,000 Comal County $28,490 for Guadalupe County *Total $34,990 Estimated cost for publication of election notice both in English and Spanish is $6, 000 - (last years cost was $5,714.75). Total estimated cost $40,990 for the election. RECOMMENDATION It is recommended Council approve Resolution No. 20 -R -93 calling the November 3, 2020, City of Schertz Joint General Election and approving contracts with the Comal County Clerk and the Elections Administrators of Guadalupe and Bexar County to conduct the election and approving joint election agreements and changing the early voting period. Attachments R�* a 01 a pro I cerk] ........ I 214�� TAKE NOTICE that an election will be held in the City of Schertz, Texas on November 3, 2020, in obedience to a Resolution duly entered by the City Council of the City on July 14, 2020, which Resolution reads substantially as follows: ITAEREAS, pursuant to Section 9.01(a) of the Home Rule Charter (the of the City • Schertz, Texas (the "City"), the regular City election shall be held annually on the uniform election date in November, or at such other times as may be authorized or specified by State Law, at which time officers will be elected to fill those offices which become vacant that year; and WHEREAS the terms • the •fflices of Councilmembers for Places 3, Place 4, an4-' Place 5 ends in November 2020 and those offices will become vacant at that time. Therefore, the City is required to conduct an election in November 2020, to fill these vacancies; and WHEREAS, the Council hereby finds and determines that a Joint General Election should be held in the City on November 3, 2020, for the purpose of electing the Councilmembers for Place 3, Place 4, and Place 5 for a three-year term; and WHEREAS the City will contract with the Comal County Clerk and the Electio Administrators for Bexar and Guadalupe County Elections (collectively, the "�EleAcflo Administrajors") to conduct this election; and WHEREAS, the City Secretary shall publish, and post notice of this election as required by applicable law. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Lastly, the County Clerk and the Elections Administrators will publish notice and conduct testing on the automatic tabulation equipment relating to the Stations and conduct instruction for the officials and clerks for the Stations in accordance with the provisions of the Texas Election Code. Section 6. The anticipated fiscal impact of conducting the election is currently estimated to be $40,990.00. Section 15. 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 • the public business to be considered at such meeting, including this Resolution, was given, all as required ► Chapter 551, Texas Government Code, as amended. Section 16. This Resolution shall be in force and effect from and after its final passage and any publication required by law. 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IVA I 131 UNIDO), WIT-MI IM1111 11 • 1 •- • • i. f i- i i' • Section 271.002(a) of -,. s Election Code • i or • political r• • to enter i an agreement to hold elections jointly • - Centers be r by • polling places; and cost- saving election to the voters r' i • and k I XTA P- W I -XI I I for the November 3, 2020 election; NOW THERIEFORIE, it is agreed that the Entities will hold a joint election on Tuesday, November 3, 2020 (the "Joint Election") under the following terms and conditions: Im The Entities are each required to enter into their own separate contract with ADMINISTRATOR for election services and will hold elections jointly with other Entities in the Vote Centers that can be served by common polling places, using joint election officer and clerks as ADMINISTRATOR determines is necessary to hold an election safely for Officials and Voters alike due to COVID 19 as appropriate. F" The Entities agree to conduct early voting jointly. ADMINISTRATOR will arrange for and handle early voting in person and by mail for the Joint Election in accordance with her contracts with those Entities. Appropriate notices to the public related to early voting will be provided by the Entities. ff" The Entities agree that a single ballot, containing all the measures and offices to be voted on shall be used in this Joint Election. nm Each Entity is responsible for its own posting of public notices in connection with the Joint Election. ADMINISTRATOR shall be responsible for publishing a Notice of Election in a newspaper of general circulation in the territory as required of all the Entities under Section 4.003 of the Election Code, and each Entity shall pay ADMINISTRATOR its proportionate share of the publishing cost. LV Each Entity is responsible for paying ADMINISTRATOR for any and all other election costs, as applicable to the specific Entity and agreed upon by separate contract for election services between each Entity and ADMINISTRATOR. Im ADMINISTRATOR will tabulate the ballots and provide a set of copies of the affidavit page of each return along with the returns of the election, as agreed upon by separate contract between each Entity and ADMINISTRATOR. k" p-1 -1 1 11 li 111 1 10P -1 11111''VIF111111 I IMTIXP�. -11?111 1 m 1111 1111 11111pi - 111111111 1 IMIUM"t 0 am The Entities agree to comply with any and all applicable state and federal record retention statutes. Each Entity shall be the custodian of its respective election records. M w n W O J I to party to the Agreement. kA The undersigned persons are the duly authorized signatories of their Entities, and their signatures represent acceptance of the terms and conditions of this Agreement, as passed and approved by their respective governing [todies. K14 0 This Agreement may be executed in two or more counterparts. Together the counterparts shall be deemed an executed original instrument. The Entities may execute this Agreement and exchange counterparts of the signature pages by means of facsimile or email transmission, and the receipt of executed counterparts by facsimile or email transmission shall be binding on the Entities. Following a facsimile or email exchange, the Entities shall promptly exchange original signature pages. SIGNED and AGREED this . day of 2020. C t AAA� Jacquelyn F. Callanen M TITLE: 0 396 N. Seguin Ave. • New Braunfels • Texas * 78130 ( 8 3 0 ) 2 2 1 - 1 3 5 2 F a x : ( 8 3 0 ) 6 0 8 - 2 0 1 3 -mail : jaqu ac@co.col.tx.us CITY OF SCHERTZ This contract for election services made by and between City of Schertz hereinaft called ENTITY and Bobbie Koepp, Cornal County Clerk, hereinafter calli CONTRACTING OFFICER is based on the following: 1. Bobbie Koepp, Comal County Clerk, shall be designated and agrees to act as Election Administrator and the Early Voting Clerk for the election, and shall cond early voting in person and by mail. I 2. Forward all information to vendor (Hart) for the Coding and Audio files for Verity Touch, Verity Access Touch, and Controller 3. Advertise, prepare, and conduct the Logic and Accuracy Tests as required by State Law. 4. Conduct Early Voting for Ballot by Mail at main Early Voting location 396 N. Segui,'-" New Braunfels, Texas 78130. 5. Provide training on conducting an election, with Hart Verity Touch, Verity Access Touch, Controller, and Knowink Poll Pads for all Early Voting and Election Day workers. 1111111 i , 11 1 ll�ml ll�11111 1111111111111,; 11,1111 rill 23. Maintain election materials and paperwork in storage for the allotted time as prescribed by law. 1 . Prepare all Election Orders and Notice of Election as required by law and prepare and publish the Notice of Election. 2. Provide the County Elections Office With ENTITY's ballot information, etc. ENTITY shall conduct its ballot poson drawing on or about, August 18, 2020, and send the CONTRACTING OFFICER the ballot order so that it may be forwarded for Coding and Audio to Hart. ENTITY will be responsible for approving the screen shot proofs from Hart. 3. ENTITY shall be responsible for any loss and/or physical damage to the equipment while it is in ENTITY's possession and control. 4. Only the actual expenses directly attributable to the Contract may be charged. (Section 31.100(b), Texas Election Code) The County Elections Officer will submit the actual costs for items contracted for pursuant to this Contract with the ENTITY as soon as all invoices are received from the :d, ors. The ENTITY agrees to pay costs of the election within ten (10) ENTITY workdays of receipt of the statement. A. ENTIRE AGREEMENT: This Agreement contains the entire agreement between the parties and correctly sets forth the rights, duties, and obligations o each to the other as of the Effective Date. Any oral representations or modifications concerning this Agreement will be of no force or effect excepting a subsequent written modification executed by both parties. B. SEVERABILITY: If a court of competent jurisdiction determines that any term of this contract is invalid or unenforceable to any extent under applicable law, the remainder of this Agreement (and the application of this Agreement to other circumstances) shall not be affected thereby; and each remaining term shall be valid and enforceable to the fullest extent permitted by law. C. CHOICE OF LAW AND VENUE: This agreement is entered into under and pursuant to, and is to be construed and enforceable in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Exclusive venue shall be in a court of competent jurisdiction in Comal County, Texas. D. RELATIONSHIP OF party to this contract, performance of r ntract, shall act in an individual .• r not as agents, employees, partners, or associates one another. employees o agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. DATED day of 0 RALPH Mayor, City of the of County Clerk F � all It THIS CONTRACT made by and between Guadalupe County, a body corporate and (r♦ litic under the laws of the State of Texas, hereinafter referred to as "County and the City of Schertz, Texas, hereinafter referred to as "Political Subdivision pursuant to Texas Election Code Sections 31.092(a) for an election to be held ♦ November 3, 2020, and to be administered by Lisa Hayes, Elections Administrator, hereinafter referred to as "Elections Administrator". Said Political Subdivision is holding a General Election and/or Special Election, at their expense on November 3, 2020. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: 1. ADMINISTRATION Page 1 of 8 as soon as possible after all returns have been tabulated. All participating authores shall b* responsible for the official canvass of their respective elections. !:I It 1� i io 11� iizr� 1 110ri Valla 1,11 i 11:,q I I I I of a prig 9 1131Z Pocal Subdivision may withdraw from this Contract should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code, or should it be later ruled that the election is not needed. Political Subdivision is fully liable for any expenses incurred by Guadalupe County on behalf of Political Subdivision. Any monies deposited with the county by the withdrawing authority shall be refunded, minus the aforementioned expenses. A recount may be obtained as provided by Title 13 of the Texas Election Code. Political Subdivision agrees that any recount shall take place at the offices • the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the Political Subdivision's official or employee who performs the duties • a secretary under the Texas Electio The Elections Administrator agrees to provide advisory services to the District as necessary to conduct a proper recount. 1. The Elections Admtrator shall file copies of this document with the Guadalupe County Treasurer and the Guadalupe County Auditor in accordance with Section 31.099 of the Texas Election Code. the event that legal action is filed contesting Political Subdivision's election under Title 14 of the Texas Election Code, Political Subdivision shall choose and provide, at its own expense, legal counsel for the County, the Elections Administrator, and additional election personnel as necessary. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. The parties agree that under the Constitution and laws of the State of Texas, neither Guadalupe County nor Political Subdivision can enter into an agreement whereby either party agrees to indemnify or hold harmless another party; therefore, all references of any kind, if any, to indemnifying or holding or saving harniless for any reason are hereby deleted. 5. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Guadalupe County, Texas. 6. In the event of one of more of the provisions contained in this Contract 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 Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 7. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 8. The waiver by any party of a breach of any provision of this Contract shall not operate as or be construed as a waiver of any subsequent breach. 9. Any amendments of this Contract shall be of no effect unless in writing and signed by all parties hereto. IN TESTIMONY HEREOF, this Contract, its multiple originals all of equal force, has been executed on behalf • the parties hereto as follows, to-wit: 1. It has on this - day of 9 20_, been executed on behalf of Guadalupe County by the Elections Administrator pursuant to the Texas Election Code so authorizing; and 2. It has • this - - day of )20 been executed • behalf the Political Subdivision by its Presiding Officer or authorized representative, pursuant to an action of the Political Subdivision so authorizing. • GUADALUPE COUNTY, TEXAS ATTEST: City of Sc hertz, Texas: By: By: Lisa Hayes Presiding Officer/Authorized Representative Elections Administrator Page 8 of 8 0) Reply all ,,, a Delete (S) Junk Block ZM= Only time will tell. https:floutlook.offlce365,r,onVmaI Vdeoplink?verslon=2020042001.08&popouty2=1 Weanbootstrap=l 1/1 ��Ae V�:Hkinson From: Brenda Dennis Sent: Monday, June 15, 2020 4:18 PM To: Gayle Wilkinson Subject: Fw: Estimated cost to run our Upcoming General Election for Council places 3, 4 &5 From: Jaqua, Cynthia <jaquac@co.comal.tx.us> Sent: Tuesday, April 14, 2020 4:38 PM To: Brenda Dennis <bdennis@schertz.com> t r t 1 1 IF GeTer,71 Electioi for Cowicil n1aces 3.14 # - I Mi w� 1 � : � � ESTIMATE , yU0y ee * ; «+« L0 w : 2f d 2 +21 MA z :» * +: :m # « Includes »< Guadalupe County t«yVoting and Election Day V e Center Locations �W#111�� ei Olum City Council August 25, 2020 Meeting: Department: City Secretary Agenda No. 6. Subject: Ordinance No. 20 -17 -25 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, amending the Code of Ordinances, Chapter 34 "Health ". Final Reading (C. Kelm /M. Bane) City staff were tasked with reviewing the possibility of the City accepting health and fire inspections from other Texas municipal or county health and fire inspection agencies. This would allow mobile food vendors with current health and fire permits from other Texas municipal or county inspection agencies to forgo a health and fire inspection by the City of Schertz. With this, the Mobile Food Vendors wishing to operate within the City of Schertz would only have to register with the City of Schertz, at which time they would have to provide their current health and fire inspection permits. Those that do not have current health and fire inspection permits would be subject to health and fire inspections performed by the City of Schertz. City Council approved this on first reading at their meeting of August 11, 2020. GOAL To provide clearly defined guidelines for Mobile Food Vendors that wish to operate within the City of Schertz. COMMUNITY BENEFIT N/A To review, discuss and take possible action, to include the possible approval of the ordinance as written. FISCAL IMPACT With the City of Schertz not performing inspections for Mobile Food Vendors with current health and fire inspection permits from other Texas municipal or county inspection agencies, there will be a loss of revenue related to the fees charged for the City of Schertz performing inspections. Recommend approval of Ordinance 20 -H -25 on final reading. Attachments Ordinance 20 -H -25 Redline changes ORDINANCE NO. 20 -H -25 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING CHAPTER 34 HEALTH AMENDING PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City Council approve the amended Chapter 34 "Health" as our ordinance is in need of updating to address current changes related to Mobile Food Vendors. WHEREAS, the City staff has provided and updated Chapter 34, attached hereto as Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. Chapter 34, "Health" of the City's Code of Ordinances is hereby revised and amended as set out in Exhibit A attached hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance or the Amended and Restated Unified Development Code authorized herein are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which. this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the I I th day of August 2020. PASSED, APPROVED and ADOPTED ON SECOND READING, the 25th day of August, 2020. Ralph Gutierrez, Mayor City of Schertz, Texas Brenda Dennis, City Secretary, City of Schertz, Texas (Seal of City) NOM-3ammumm Footnotes: --- (1) --- State Law reference— General o o j4V P authoriti. of home-rule municisalitim t Rrteli Yea lt�r a -f d Saf e2g Q� 122 1. 141FFTITTO 41.11 gm�= - r � N I i 1) Be a Registered Professional Sanitarian in Texas or a Sanitarian-in-Training as defined Title 25, Section 265.142 of the Texas Administration Code, or i 2) Meet the Food and Drug Administration Voluntary National Retail Food Regulatory Program Standards basic curriculum and field training elements, as accepted by the Texas Department of Health. (c) Assistant inspector appointment and qualifications. The #w-_�pfev4 �,_ city manager, ortheir designee, may appoint such additional officers, inspectors, assistants, and other employees as shall be authorized from time to time. Such employees shall hold a code enforcement license issued by the Texas Department of Health anl-I d) inspection agencies. The city rrianager, or their designee, d4e is authorized • accept reports of approved inspection agencies, provided such agencies satisfy thz city's established requirements as to qualifications and reliability. (e) Fees and salary. The fees, salary, • both for the health official shall beset in the annual budget of the inspection department approved by the city council. All fees shall be as set forth int:he City of Schertz fee schedu�e,& (f) Reports. The health official shall give attention to the health and sanitary conditions of the cit and report any areas of concern to the city manager, or theirdesignee eaac4'�-n+",44, making recommendations that are conducive to the cleanliness of t-1 city and the general health of the citizens. (g) Right • entry. It shall be unlawful for any person to interfere, hinder, or delay the health official, deputies, inspectors, or officers in the discharge of any duties under this chapter or to refuse to comply with the orders of the health official. The health official shall issue all necessary notices or orders to ensure compliance with this chapter. (h) Orders of correction. The health official shall have the authority whenever, in his or her opinio a nuisance detrimental to health exists to cause the same to be abated or removed. I (i) Appeals. The city manager shall hear and decide • all appeals or orders, decisions, or determinations made by the health official relative to the application and interpretation of this chapter. (j) Liability. The health official and other city employees charged with the enforcement of this chapter shall not be held personally liable for any damage accruing to persons • property as a result • any act or omission while performing the duties required • this chapter, so long as such health official • other city employee is acting in good faith and without malice. # Sec. 34-3. - Permit fees. 14-201-1"09w -2-y—Teff VeMN490"194AX-beve+ age-estA44we+4f eFrRit- few 7-4'15Q-,()& ,e 44)0-, r9)—SWW1Mffl9-P0G4-Pe-rrffi t-1-1 47-5-90- P41 LR1 f- L-M 0OK-11-5 Please rc,,,,ference the City of chertz current ffie schedu0e, (Or• . No. 03-H-09, Exh.1, 3-4-2003; Ord. No. 07-H-32, Exh. 1, 7-3-2007 Editor's note— Ord. No. 07-H-32, Exh. 1, ado ted Jul 3, 2007 amended info�rm' Secs. 34-4-34-21. - Reserved. Footnotes: --- (2) - -- State Law reference— Municipal regulatory authority concerning food service employees not preempted by state regulation, Tex. Health and Safety Code, § 438.037; municipality which is member of public health district not prohibited from regulating or administering permit system concerning food service establishments, Tex. Health and Safety Code, § 437.004(d). liq • person operating a food establishment, vending machine, mobile food establishment, temporary event, farmers market, • farmers market vendor booth shall comply with this chapter and, the city adopts the Texas Administrative Code Title 25, Part 1, Chapter 228 (Texas Food Establishment Rules) and Chapter 229, Subchapter N (Current Good Manufacturing Practice And Good Warehousing Practice In Manufacturing, Packing And Holding Human Food). (Or• . No. 07-H-32,11, 7-3-2007; Ord. No. 17-M-10, § 1, 3-7-2017) Sec. 34-23. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings, ascribed to them in the section, except where the context clearly indicates a different meaning: Authorized agent ore / ee means the health official and any deputies, assistant inspectors, or other officers representing the City of Schertz pursuant to this article. Mobile Food Permit Registration means a rn node ,food vendor with a current and vaNd mobile food unit health pen-nit fi-rim another T exas rntjmdpa or county health inspect�on agency that regMers to Operate witN�n d"ie city �irnits of Schertz, Mobile Food Vendor shall mean a !�,,.)od vice vendor that operates a vehi d e-mount-ed or wheeled umit that is capable ofbeirq readi�y moveaWe, Permit means 1* ; i V -r m - . . . 1 1 6c� 1 - l "Aw w State rules means rules described in section 34-22. These rules are also known as the Texas Food Establishment Rules. I ' 0 (a) In addition to the rules adopted in section 34-22, the City of Schertz adopts by reference the provisions of current rule or rules as amended by the Texas Board of Health found in Title 25 of the Texas Administrative Code, Chapter 217, Milk and Dairy, subchapter C, rules for Manufacture • Frozen Desserts; rule 217.65, Examination and Standards for Frozen Desserts. oe Mrage-esza=T-M permits or revocafior� of the mobfle 1`(,')od permit registration, (d) In the interest of public clarification, the results from compiling the inspection report will be converted to a letter grade with the letter "A" being the highest level of food service operation and "F" being lowest. The criteria for the various certificates are: Grade "A" Attain sanitation score of 90 or above; MM ..£ < �W' M (Ord. No. 03-H-09, § 7Y2-4,3-4-2003 Ord. No. 07-H-32,1, 7-3-2007; Ord. No 12-H-14, §§ 1, 2, 6-26-201 ) MTM!kr&« . < + +¥ M-1-= (a) Samples of food, drink and other substances shall be taken and examined by the health official as often as he deems necessary for the detection of unwholesomeness and deleterious qualities. The health official may condemn and forbid the sale of or cause to be removed or destroyed, any food or drink which is unwholesome or deleterious. jiqj: I I'! li' ii When suspicion arises as to the possibility of transmission of infection from any food and beverage establishment emolovee. the health -1.1 , f t' a f C2& !I � � � � � I I � I I � � I I � I I I � 1 � I I I� � � III TF19IM907M I • 1#11MINI 1 1 ' z � I . # MA - a 2) The immediate closing of the food and beverage establishment concerned until no further danger of disease outbreak exists in the opinion of the health official. 3) Adequate medical examination of the employee and of his associates with such laboratory examinations as may be indicated. # IN I I Sec. 34-28. - Permits. (a) It shall be unlawful for any person to operate a food and/or beverage establishment, or temporary food and/or beverage establishment without a valid food and/or beverage establishment permit or rw obile fbod pern"fit registration issued by the city, All permits expire •-n September 30 • each year and are due and payable • October I of each year. Permits are not transferable from one establishment to another • from one person to another. MoNe food permit regIistrations expire ori the date of expiration fron� the issuing health ir�spection agency, Permits,,,'and mobile food permit registration must be posted in a conspicuous place. (b) Mobile Food Vendors may operate in the City of Schertz without a health hnspection from the City of Sctrertz ift'hey, possess a vaNd nmbHe food health perm' t Born ano the rTexas municipal or COUnly heal'flr, inspection agency, To operate in the City of Schertz, the rnobRe food vendor rnust register with the city health officW and pass a fire safety inspection conducted by tl-'',e Schertz Fire Department 'if one has not been completed by another 1"exas municlpal or county heaIlth inspection agency,, (c) Mobile Food Vendors wh* have as val id ` oi,,)d health perrnit and fire safety inspection frorn� wmth�er'Ta,?xas imunk:ipal or county health and fire inspecflo � agency as have their registration fee waived., bw wiH be required to register with the City of Schertz. 9MILLUM= Any person, firm, corporation or agent who shall violate a provision of this article, or fail to comply therewith, or with any other requirements thereof, shall be guilty of a Class C misdemeanor, Such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation • any • the provisions • this article is committed • continued, and upon conviction of any such violation, such person shall • punished • a fine not to exceed $2,000.00. ei IRIUM City Council August 25, 2020 Meeting: Department: City Secretary Agenda No. 7. Subject: ordinance No. 20 -T -27 - 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, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. Final Reading (M. Browne /B. James /J. Walters) This budget adjustment is proposed to recognize $165,000 in insurance payments the City received for the old platform and hire a new Emergency Management Coordinator. The platform was hit while stopped on a call and was totaled by the insurance agency. The City received $165,000 in insurance. These funds will be recognized and the budget increased to purchase replacement equipment to outfit the new platform for $132,901 and increase the Fire Rescue Budget by $32,099 to fund the 1956 Fire Engine remodel and outfitting the new bloeker engine the city purchased from Converse. Staff is proposing to approve a new Emergency Management Coordinator position to oversee the City's emergency operations center, emergency policy and procedures, and grant writing. This position can be funded from the CARES act in the current fiscal year and is proposed to be funded in the proposed FY 2020 -21 budget. The primary role of the Emergency Management Coordinator is to help the community, the city, and organizations by having a system in place for anticipated hazards and area vulnerability. In addition, the EMC is a position that wears many hats and is someone who builds relationships and networks with internal and external stakeholders during non - disaster or emergency times while playing a crucial role in compliance and coordination within the EMC job scope. This position will ensure we are ready in regards to Mitigation, Preparedness, Response, and Recovery in the event of a disaster, large scale emergency, multi jurisdictional emergencies, as well as pandemics like COVID 19. The emergency manager must develop relationships with other local, state, and federal emergency response agencies /organizations in order to better facilitate inter - agency operations during emergency and non - emergency periods. The emergency manager is also responsible for raising community awareness of emergency preparedness and response by bringing in volunteers from the community to help in administrative functions or as trained, volunteer community responders. In developing community volunteer assistance, the emergency manager can effectively augment the emergency response force and relieve some of the burden from professional responders. Additionally, the standalone Emergency Manager will also allow greater opportunities to create and develop joint training exercises with regional partners, as well as developing region wide community preparedness events. At present, the EMC responsibilities are handled by the Fire Chief which in turn causes a significant division of that position's time. With the geographic location of Schertz being in three counties, it requires the emergency manager to attend approximately 11 meetings a month in order to maintain compliance and cooperation across all three while continuing to develop and grow our regional partnerships. Texas Department of Emergency Management Annexation review requires updates to our Emergency Operations Plan and related annexes annually. To be effective, this updating process must be a proactive, streamlined, and continually ongoing course of events that are strategically planned out during the course of the year. When this proactive process occurs, it will greatly improve our abilities during the most difficult of time while freeing up time for department heads and EM team members to focus on their primary jobs. The emergency manager plays an essential role in pre, during, and post organizational preparation and recovery to emergency management necessitated response. This position in cooperation with a finance department liaison ensures all emergency management requirements and needs are met for the successful coordinating of state and federal reimbursement efforts. Examples of what this position is tasked with in order to enhance our efforts in mitigation, preparedness, response, recovery, planning, exercising, and training: • Planning tabletop and full-scale disaster exercises as required by TDEM • Grant writing, management, tracking, and reporting for Homeland, FEMA, and state. • Attend all Regional Emergency Preparedness Advisory Committee (REPAC) meetings. • Attend and participate in Emergency Management meetings for all three counties. • Form, manage, and maintain partnerships with community stakeholders • Form manage and maintain relationships with local, state and federal government and their respective officials • Champion regional cooperation of all first responders The City of Schertz hiring an Emergency Manager will help make us more resilient for future disasters and pandemics. Grant money is available from TDEM and FEMA to help offset the salary and benefits of an emergency manager in an amount up to 50% of the cost. In addition, the Emergency Manager can assist the City in finding grant opportunities that has the possibility of bringing in more money to the City than the cost of their position. City Council approved this on first reading at their meeting of August 11, 2020. GOAL To approve the budget adjustment ordinance to hire the Emergency Management Coordinator and recognize the $165,000 insurance payment from the platform. COMMUNITY BENEFIT The Emergency Management Coordinator will provide a higher level of awareness and expertise prepare for emergency situations and directing staff to maximize benefits during an event. The additional insurance funds will help outfit the new platform engine and help outfit the blocker engine to prevent any future accidents on active engines during a response. SUMMARY OF RECOMMENDED ACTION Staff recommends approval of Ordinance 20-T-27 on final reading. I W 0WR 0 1 LVA I WIXOM The Emergency Management Coordinator annaul estimated weighted cost will be estimated at $113,000 and paid for by the CARES act funding until December 31 st before it will be covered by the City's FY 2020-21 Proposed Budget. The $165,000 insurance payment will cover equipment purchases and outfitting of engines in the Fire Department. RECOMMENDATION Staff recommends approval of Ordinance 20-T-27 on final reading. Attachments Ordinance 20 -T -27 10 ' ,111 1 1 1 I AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2019 -20 BUDGET, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 19 -T -23, the City of Schertz (the "City ") adopted the budget for the City for the fiscal year 2019 -2020 (the "Budget), which provides funding for the City's operations throughout the 2019 -2020 fiscal year; and WHEREAS, the City needs to authorize the hiring of a new Emergency Management Coordinator to be funded by the CARES Act for FY 2019 -20; and WHEREAS, the City needs to recognize $165,000 of insurance payments received for the claim on the old platform to be used for equipment purchase; WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the ordinance; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and approve the hiring of the new Emergency Management Coordinator position and recognize an additional $165,000 in equipment purchases from insurance funds received, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall authorize the hire of a new Emergency Management Coordinator position to be effective immediately. Section 2. The City shall budget for equipment purchases by $165,000 for the insurance money received with $132,901 to outfit the new platform and $32,099 to remodel the 1956 Fire Engine and outfit the new blocker engine. Section 3. The City shall reallocate $109,829.69 of the funds for the Playscape Restroom from fiscal year 2016 -17 to fiscal year 2017 -18. Section 4. 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 5. 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 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. 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 8. 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 9. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the l lth day of August, 2020. PASSED, APPROVED and ADOPTED ON SECOND READING, the 25th day of August, 2020. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 50558021.1 - 2 - Agenda No. 8. ei Olum City Council August 25, 2020 Meeting: Department: Public Works Subject: Ordinance No. 20 -F -26 - Consideration and /or action approving an amendment to Ordinance 15 -F -17 by the City Council of the City of Schertz, Texas, repealing an Ordinance of the code of Ordinances of the City of Schertz and adopting a new Ordinance with updated provisions regarding the collection and disposition of solid waste and recyclable material in the City; providing for the removal of an outdated table and referencing the City's current FY fee schedule. First Reading (C. Kelm /S. Williams /J. Hooks) BACKGROUND Ordinance 15 -F -17 addresses the collection and disposition of solid waste and recyclable materials in the City and includes a fee table that is obsolete and out of date. The fees are revisited every year within. the City's general fee schedule during budget planning and taken to City Council for consideration during that time. GOAL To remove the out of date fee table and refer directly to the City's current FY fee schedule. COMMUNITY BENEFIT To increase transparency with proper fee calculations to the residents and staff with the City of Schertz. SUMMARY OF RECOMMENDED ACTION Recommend City Council approval to remove outdated fee table in Ordinance 15 -F -17, listed under Chapter 34 Section 34 -71, and replace with language directing users to reference the City's current fee schedule. FISCAL IMPACT No fiscal impact. 1 Recommend City Council approval to remove outdated fee table in Ordinance 15 -F -17, listed under Chapter 34 Section 34 -71, and replace with language directing users to reference the City's current fee schedule. Attachments 20 -F -26 Amendment Scan 20 -F -26 Amendment Revised Ordinance Formatted: No bullets or numbering . Sec. -3434-71-74. -Residential collection regulations. Fee I a c4 on typopf t e ll ? .of c. Please refc encp the h t, z current f e schedule. Fee based on type of dwelling, type of container, and number of scheduled pick-ups. Please reference the City of Schertz current fee schedule. ORDINANCE NO. 20 -F -26 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, REPEALING AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ AND ADOPTING A NEW ORDINANCE WITH UPDATED PROVISIONS REGARDING THE COLLECTION AND DISPOSITION OF SOLID WASTE AND RECYCLABLE MATERIAL IN THE CITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Schertz, Texas (the "City ") is a Home Rule City possessing the full power of local self - government pursuant to Article 11, Section 5 of the Texas Constitution, Section 51.072 of the Texas Local Government Code, and the City's Home Rule Charter; and WHEREAS, the City Council of the City of Schertz, Texas ( "City Council ") possesses, pursuant to the Texas Local Government Code, the authority to regulate the collection and disposal of solid waste and recyclable material in the City; and WHEREAS, the City Council finds that the adoption of updated provisions regarding the collection and disposition of solid waste and recyclable material in the City is in the best interest of the health, safety and welfare of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: Section 1. All of the above premises are found to be true and correct legislative determinations and are hereby incorporated into the body of this Ordinance as if copied in their entirety. Section 2. The Code of Ordinances of the City of Schertz, Chapter 34, Article III is hereby amended by deleting said chapter in its entirety and replacing it with new Chapter 34, Article III, which shall read as follows: :4 9 lid R =1111 I I 111111111111cliol I l _G Sec. 34 -47. Solid Waste Program established. The City's solid waste collection, transportation and disposal program is hereby established for all residents and businesses of the City. Sec. 34 -48. Purpose of chapter; duties of property owners and occupants. The accumulation of garbage, recyclable material, rubbish, brush and other refuse constitutes a public nuisance, a health hazard, a fire hazard and a safety hazard. Therefore, it shall be required that owners and tenants of private residences, private commercial buildings and businesses, and the occupants of all private noncommercial buildings which accumulate refuse, deposit their garbage, rubbish, brush, and other refuse for removal by the agent designated by the city. Such owners, renters and occupants shall maintain the premises of the buildings and property free of accumulations of all other waste materials and nuisance materials. Such owners, renters and occupants shall not allow materials intended for recycling to create a nuisance on the premises of buildings and properties. All waste materials shall be disposed of in a place and by methods deemed appropriate by the City. The purpose of this chapter is to provide for a method of collecting and disposing of garbage, recyclable material, rubbish, brush, and other refuse, and to maintain neighborhood quality and aesthetics and maintenance of property values by providing for the general health and welfare. Sec. 34 -49. Residential and Commercial occupants must use services of franchisee It is hereby prohibited for any individual to utilize the services of any individual or corporation for purposes of residential solid waste collection other than the City's designated solid waste franchisee. Every residential occupant shall subscribe to the services of the franchisee having the exclusive franchise for collection and disposal service with the City. It is declared to be unlawful for the occupant of any of the premises described in this section to fail or neglect to provide for the removal of solid waste as required under this Article. Sec. 34 -50. Defined Terms. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 100 -year flood means a flood that has a 1.0 percent or greater chance of recurring in any given year or a flood of a magnitude equaled or exceeded once in 100 years on the average over a significantly long period. Bags means plastic sacks designed to store garbage, recyclable material, rubbish, brush, or other refuse with sufficient wall strength to maintain physical integrity when lifted by the top. The total weight of a bag and its contents shall not exceed thirty -five (35) pounds. Brush means plants or grass clippings, leaves or tree trimmings, including bags and /or bundles of landscape waste. Bulky waste means stoves, refrigerators with a freon evacuation certificate, water tanks, washing machines, furniture, carpet, fencing materials, more than ten bags of landscape waste or bundles of brush and other items of a similar nature that can be loaded by two employees in five (5) minutes or less, except construction debris, dead animals, hazardous waste or stable matter with weights or volumes greater than those allowed for trash collection containers. Bundle means tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet (4') in length or fifty pounds (50 lbs.) in weight. Commercial means any structure other than single - family and duplex residential development including hotels, motels, residential structures containing three or more dwellings, and residential care facilities. Commercial garbage means all normal establishment waste products of commercial buildings or establishments, including multifamily dwellings, other than single - family and duplex residential development, other than sewage and body waste, manure, dead animals over ten pounds in weight, special and hazardous waste, large tree trimmings, demolition or remodeling debris, or any other waste material that cannot be broken down to fit into commercial garbage containers herein specified. Commercial garbage compactor means all steel or metallic containers provided by the City or its contractor. Designed to hold compacted commercial garbage shall specifically include 20, 30 and 40 yard compactors. Commercial garbage container means all steel or metallic containers, provided by the City or its contractor, designed to hold commercial garbage, and shall specifically include all roll -off containers, roll -off compaction containers, and all such containers with a volume of between three (3) cubic yards and ten (10) cubic yards. Commercial recycling container means all steel or metallic containers, provided by the City or its contractor, designed to hold recyclable material, and shall specifically include such containers with a volume of between six (6) cubic yards and eight (8) cubic yards. Commercial recycle material compactors means a roll off with or without a compactor designed to hold loose or compacted recycle. Material constructed of steel or metallic material provided by the City or the contractor. Container lease charge means a monthly charge that shall be assessed for the use of trash collection containers that are provided by the sanitation contractor. Said charge shall apply to 20- cubic -yard, 30- cubic -yard, and 40- cubic -yard open - top containers. 3 Dead animals means animals or portions thereof equal to or greater than ten pounds in weight that have expired from any cause, except those slaughtered or killed for human use. Designated contractor means such private firm designated by the City for the collection, transportation, and /or disposal of solid waste, and the collection, transportation and /or processing of recyclable materials. Extra accumulations means quantities of waste that are containerized or bundled that cannot be fitted into the 95- gallon residential garbage receptacle, not exceeding ten bundles of brush or normal bags of waste (for amounts in excess described herein refer to unusual accumulations). Garbage. See "Commercial garbage" or "Residential garbage." Generator means any person whose acts or processes produces or causes solid waste and /or recyclable materials. Hauler means a person, other than the designated contractor, who has obtained and maintains a valid permit to collect and divert recyclable materials. Hazardous waste means any solid waste identified or listed as a hazardous waste by the administrator of the U.S. Environmental Protection Agency (EPA) pursuant to the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., as amended. Landfill means facility operated by and approved by TCQ. Municipal Solid Waste or MSW means garbage, trash, refuse, brush, yard waste, and other waste generated in residences and commercial establishments as well as debris resulting from traffic accidents in the City (excluding wrecked or disabled vehicles which are removable by a wrecker service). Nonresident means persons residing other than within the corporate city limits. Nuisance means solid waste that is stored, processed or disposed of in an unsightly manner that causes the pollution of surrounding land, the contamination of groundwater or surface water, the breeding of insects or rodents, or the creation of odors adverse to human health, safety or welfare. Permitted recycle contractor means a company or corporation to transport loose or compacted recycle material for a manufacture or holding company for recyclable material and shall be in compliance with Article III Sec. 34 -61 of the code of ordinances. El Person means any person, firm, corporation, business trust, partnership, association, organization or municipal entity, incorporated or unincorporated, other than the City. Premises means all public and private establishments, including individual residences, all multifamily dwellings, residential care facilities, hospitals, schools, businesses, other buildings and all vacant lots. Provider means Entity providing solid waste collection and disposal services. Recyclable material means any material, substance or byproduct that has been recovered or diverted from the non - hazardous waste stream for purposes of reuse, recycling or reclamation, and is any material or product designated in writing by the city's Director of Public Works or his or her designee as being suitable for reuse, recycling or reclamation. Recycle means to collect, buy, sell, and store and /or produce any material, substance or product from waste material or byproducts and to keep such from being included in the waste stream intended for disposal. Refuse means all solid waste except hazardous wastes. Residential garbage means all normal waste products of single - family and duplex residential development, other than sewage and body waste, manure, dead animals over ten pounds in weight, special and hazardous waste, large tree trimmings, demolition or remodeling debris, or any other waste material that cannot be broken down to fit into residential garbage receptacles herein specified. Residential garbage receptacle means a plastic or metal receptacle, designed for automated or semi - automated solid waste collection systems, and having a tight fitting lid capable of preventing littering and the entrance into the container by small animals. The weight of the receptacle and its contents shall not exceed seventy five pounds (75 lbs.) and shall be designed for ease of movement and use. One receptacle shall be provided in designated areas unless customer wants to pay for each additional container, with ownership of the receptacle retained by the contractor. Residential recycling receptacle means a plastic receptacle provided by the city or its contractor, designed for automated or semi - automated recyclable material collection systems, and having a tight fitting lid capable of preventing littering and the entrance into the container by small animals. The weight of the receptacle and its contents shall not exceed seventy five pounds (75 lbs.) and shall be designed for ease of movement and use. A receptacle shall be provided in designated areas, with ownership of the receptacle retained by the contractor. 5 Residents means persons residing within the corporate limits of the City. Rubbish means any nonputrescible solid waste, including aluminum cans, paper, boxes, glass, yard trimmings, leaves, feathers and any other matter commonly understood to be rubbish. Solid waste means garbage, rubbish, refuse, sludge from a wastewater treatment plant, water supply treatment plant or air pollution control facility, and other discarded material, including solid, liquid, semi -solid or contained gaseous material resulting from industrial, municipal, commercial, mining and agricultural operations and from community and institutional activities. The term does not include: (1) solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued under Vernon Texas Statues and Codes, Water Code, Ch. 26, as amended; (2) soil, dirt, rock, sand or other natural or manmade inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements; or (3) waste materials that result from activities associated with the exploration, development or production of oil or gas or geothermal resources and other substance or material regulated by the Railroad Commission of Texas under Vernon Texas Statues and Codes, Natural Resources Code, § 91.101, as amended, unless the waste, substance or material results from activities associated with gasoline plants, natural gas liquids processing plants, pressure maintenance plants or re- pressurizing plants and is hazardous waste as defined by the administrator of the United States Environmental Protection Agency under the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as amended (42 U.S.C. § 6901 et seq.). (4) Recyclable material; however, recyclable material may become solid waste at such time, if any, as it is abandoned or disposed of as other solid waste, rather than recycled, whereupon it will be solid waste with respect only to the party actually abandoning or disposing of the material. Special waste means solid waste or a combination of wastes that, because of its quantity, concentration, physical or chemical characteristics or biological properties, requires special handling and disposal to protect the human health or the environment. If improperly handled, transported, stored, processed or disposed of or otherwise managed, it may pose a present or potential danger to human health or the environment. Special waste includes, but is not limited to: N (1) hazardous waste from conditionally exempt small - quantity generators that may be exempt from full controls under 30 Tex. Admin. Code §§ 335.401 -- 335.419, as amended, relating to household materials which could be classified as hazardous waste; (2) class I industrial nonhazardous waste not routinely collected with municipal solid waste; (3) special waste from health- care - related facilities (refers to certain items of medical waste); (4) municipal wastewater treatment plant sludge's, other types of domestic sewage treatment plant sludge's, and water - supply treatment plant sludge's; (5) septic tank pumpings; (6) grease and grit trap wastes; (7) wastes from commercial or industrial wastewater treatment plants, air pollution control facilities, and tanks, drums, or containers used for shipping or storing any material that has been listed as a hazardous constituent in 40 C.F.R. Ch. 261, Appendix VIII, as amended, but has not been listed as a commercial chemical product in 40 C.F.R. § 261.33(e) or (f), as amended; (8) slaughterhouse wastes; (9) dead animals; (10) drugs, contaminated foods, or contaminated beverages, other than those contained in normal household waste; (11) pesticide (insecticide, herbicide, fungicide, or rodenticide) containers; (12) discarded materials containing asbestos; (13) incinerator ash; (14) soil contaminated by petroleum products, crude oils, or chemicals; (15) used oil; (16) light ballasts and /or small capacitors containing polychlorinated biphenyl (PCB) compounds; 7 (17) waste from oil, gas, and geothermal activities subject to regulation by the state railroad commission when those wastes are to be processed, treated, or disposed of at a solid waste management facility permitted under this chapter; (18) waste generated outside the boundaries of the state that contains: a. any industrial waste; b. any waste associated with oil, gas and geothermal exploration, production or development activities; or C. any item listed as a special waste in this definition; (19) any waste stream other than household or commercial garbage, refuse or rubbish; (20) lead acid storage batteries; and (21) used -oil filters from internal combustion engines. Unusual accumulations means: (1) for residences, each regular collection that cannot fit into a residential garbage receptacle; (2) for commercial establishments, accumulations that would not occur in the ordinary course of business; (3) bulky waste; (4) materials judged by the Director of Public Works or his duly appointed representative to be hazardous, such as oil, acid or caustic materials; and (5) existing conditions favorable to the harboring and /or breeding of any agent, such as an insect, reptile, rodent or other agents capable of transferring a pathogen from one organism to another. Sec. 34 -51. Sanitation service deposits and fees. Deposits and fees as specified in Appendix A of the Code of Ordinances which may be amended from time to time shall be required of all customers requesting the collection and disposal of refuse by the City's designated contractor as specified in Section 34 -58. All utility customers shall receive solid waste and recyclable material collection service. The charges for collection service shall be included on the monthly utility bill of the customer. For partial months, such charges shall be prorated for each and every day of the month during which such service is available and provided to the residential customers. An increase in monthly fees may be made upon approval of the city council. A penalty for overdue payment of the monthly utility bill may be charged. Sec34 -52. Garbage, recyclable material, rubbish, brush and refuse nuisances. The storing or keeping of garbage, rubbish, brush, refuse and /or recyclable material that is unsightly or a health, fire or safety hazard or a harbor for reptiles, rodents, insects, or other animals is prohibited and shall constitute a public nuisance. Removal of all such materials is the owner's responsibility and shall be done at the owner's expense. Sec. 34-53. Dumping. Dumping of any garbage, solid waste, recyclable material, rubbish, brush and /or other refuse in any place and in any manner other than that designated in this chapter is prohibited. Sec. 34 -54. Collection containers and receptacles for garbage, trash, brush and recyclable material. (a) Every owner, tenant, occupant or lessee using or occupying any building, house, or structure within the corporate city limits of the City of Schertz for residential, church, school, commercial, business or other purpose shall use a collection container that is only in designated areas or receptacle authorized by this article provided by the city, its designated contractor as specified in Section 86 -32, or a hauler. All garbage and trash mixed with water or other liquids shall be drained before being placed in the collection container or receptacle. (b) Every owner, tenant, occupant or lessee using or occupying any building, house or structure within the corporate City limits of the City of Schertz for residential, church, school, commercial, business or other purpose shall notify the city of any loss, theft or damage to the collection container or receptacle and shall be responsible for replacement costs unless the damage is a result of collection by contractor. (c) It shall be the duty of every residential customer to keep the residential garbage and recycling receptacle in a clean and sanitary condition. 9 (d) Except when placed for collection, residential garbage and recycling receptacles shall be stored behind the front building line if collection occurs from a public street, or stored adjacent to the main structure if collection occurs from an alley. Commercial collection containers or receptacles shall be kept in a screened area, unless such requirement is waived by the Director of Public Works or his duly appointed representative. (e) Brush that cannot fit into the residential garbage receptacle shall be tied in bundles not to exceed four feet (4') in length with no limbs exceeding six inches in diameter. Bundles of brush shall be comparable in size and weight with bags of garbage, not to exceed fifty pounds (50 lbs.) each. (f) The City Manager or his designated representative shall cause regular inspections to be made to ensure compliance with the terms of this section, and if any unsanitary collection container or receptacle is found, a notice shall be placed upon such collection container or receptacle informing the owner to clean the same within five (5) days. Failure to comply with such notice shall constitute a violation of this section. Sec. 34 -55. Residential collection regulations. (a) There shall be collection twice weekly and once in designated areas for regular garbage, recyclable material, rubbish, and brush and landscape waste other than bulky waste. (b) It shall be the duty of the owner, occupant, tenant or lessee of a residence, commercial establishment or other building to place the garbage or recyclable material in proper receptacles at the curb line or at the alley most accessible to the collection crew vehicle as determined by the contractor and the Director of Public Works or his duly appointed representative. (c) Garbage and recyclable material shall not be placed at the point of collection before 6:00 p.m. prior to the designated day of collection and any garbage receptacles or recycling receptacles shall be removed within 24 hours from the point of collection and stored in accordance with section 86 -26, subsection (e). (d) Unusual accumulations, brush or bulky wastes shall not be placed for regular garbage pickup. Removal of unusual accumulations, brush or bulky wastes may be requested for a special collection, and there shall be an additional fee for such service as determined from time to time by City Council per pick -up truckload for more than twelve (12) pick ups per calendar year. The City shall be the authority to determine what constitutes unusual accumulations if there is a difference of opinion between a customer and the contractor. im (e) Materials intended for recycling shall not be placed for collection with waste materials. Recycling collection activities are to be separate from garbage collection activities. (f) It shall be the duty of the owner, occupant, tenant or lessee of any premises to report the failure to collect properly prepared property garbage and recyclable material for a consecutive period of two (2) weeks to the City where the holder of a franchise granted by the City is responsible for such collection; and if the owner, occupant, tenant or lessee elects to regularly remove garbage and recyclable material from his premises, it shall be unlawful for such owner, occupant, tenant or lessee to remove such accumulation less often than required under this section. (g) All putrescible waste must be placed in the residential garbage receptacles. (h) From the time of placement of solid waste and of recyclable material at the point of collection by the owner, occupant, tenant or lessee of a residence for collection in accordance herewith, such solid waste and recyclable material shall be delivered by the designated contractor, as specified in Section 34 -60, to the appropriate facility for disposition designated by the City pursuant to contract with the City. Sec. 34 -56. Residential collection fees. (a) For the collection and removal of solid waste and brush in a residential garbage receptacle and collection of recyclables in a residential recycling receptacle once a week or twice in designated areas, a monthly charge shall be as determined from time to time by the City Council. (b) For each additional residential garbage receptacle, or residential recycling receptacle, the monthly charge shall be as determined from time to time by the City Council. (c) For the collection of unusual accumulations, there shall be a fee as determined from time to time by the City Council. (d) For other solid waste collection or disposal services not listed, the City and contractor shall work together to determine a reasonable fee, pending Council approval of the fee within sixty (60) days. Sec. 34 -57. Commercial collection regulations. (a) Collection containers commonly used collectors, including residential garbage and use), shall be placed at a location on the customer, the city, its designated contracto 01 rby commercial garbage and recycling recycling receptacles (for commercial premises mutually agreeable to the as specified in Section 34 -60, and hauler, as applicable. The Director of Public Works or his duly appointed representative may authorize the use by a commercial customer of residential garbage or recycling receptacles on a case by case basis after the commercial customer makes request for use of such residential receptacles. The collection and removal of garbage, recyclable material, rubbish and brush from buildings and premises used for commercial and institutional purposes shall not be made less than one (1) time per week and as often as necessary in order to maintain such premises free of accumulations of garbage, trash and brush. Materials for recycling shall not be placed for collection with waste materials. Recycling collection activities shall be separate from garbage collection activities. A commercial business shall be responsible for the collection and lawful disposal of hazardous waste generated by that commercial business. (b) From the time of placement of solid waste and of recyclable material at the point of collection by the commercial business for collection in accordance herewith, such solid waste and recyclable material shall be delivered by the designated contractor, as specified in Section 86 -32, to the appropriate facility for disposition designated by the City pursuant to contract with the City. Sec. 34 -58. Commercial collection fees. The service charge for commercial collections shall be based on the frequency of collection necessary and the amount regularly collected. (1) Minimum service level. The minimum service level is one (1) 96 Gallon garbage collection container and one (1) recyclable material collection container picked up one (1) time a week for a fee as determined from time to time by the City Council unless area has been grandfathered for twice a week pickup. Additional collection containers can be requested for an additional fee as determined from time to time by the City Council. The property owner is responsible for replacement of the collection containers in the case of theft, loss, or damage. There shall be a fee as determined from time to time by the City Council charged for collections of unusual accumulations. (2) Other solid waste collection and disposal services. For other solid waste collection or disposal services not listed, the City and contractor shall work together to determine a reasonable fee, pending City Council approval of the fee within sixty (60) days. (3) Service charges for private haulers of recyclable materials shall be by customer agreement. Sec. 34 -59. Collection and disposal of commercial garbage and recyclable material in central business district. (a) The disposal of commercial garbage, recyclable material, rubbish and brush by placing the same in public trash receptacles located on public streets in the City is prohibited. The collection and removal of garbage, recyclable material, rubbish, and brush from buildings and premises used for commercial or institutional purposes shall be made not less than one (1) times per week and as often as necessary in order to maintain such premises free of accumulations of garbage, trash and brush. (b) Fee charges for private haulers of recyclable materials shall be by customer agreement. (c) No annual private haul vehicle will apply using the authorized solid waste & recycle franchise hauler. Sec. 34 -60. Collection contractor. (a) The City shall designate a contractor to regularly collect and remove all garbage, recyclable material, rubbish, brush and solid waste, excluding hazardous waste, from all premises within the corporate City limits. This agent shall operate by contract with the City. The City Manager shall take action to see that the terms of the contract are fulfilled. In the event of any conflict between the terms of the contract and the City's ordinances on the collection of solid waste, the ordinances shall control. The designated collection contractor shall not be responsible for the collection of hazardous waste except during special events. (b) In the event that the designated collection contractor lacks adequate and /or appropriate resources to collect and remove solid waste from public improvement projects, the Director of Public Works may authorize solid waste removal by another contractor. Sec. 34 -61. Disposal of solid waste. (a) Individual residents may remove garbage, recyclable material, rubbish, brush or unusual accumulations from their own residences, provided that the garbage, recyclable material, rubbish, brush or unusual accumulations are secured. (b) It shall be unlawful for any person to engage in the business of collecting solid waste within the City except as may be specifically authorized by contract with the City and the payment of a license fee to so operate. (c) It shall be unlawful for any person to engage in the business of collecting solid waste within the City except as may be specifically authorized in accordance with this article. Sec. 34 -62. Permit for private haulers of recyclable materials. 13 (a) Permit Required. It shall be unlawful for any person, company, or corporation to engage in the business of collection of commercial recyclable materials without obtaining a permit from the Director of Public Works or his duly appointed representative. A separate permit shall be required for each generator from which the hauler intends to collect recyclable materials. (b) Letter of certification. A hauler shall only receive a permit for recyclable material if the hauler includes a letter of certification with the permit application. The letter of certification shall be from the recyclable material generator and shall certify to the City the name and address of the generator, the name and address of the desired hauler, the constituents to be recycled, a brief contingency plan ensuring that waste materials will be separated from the recyclables prior to hauling, arrangements for solid waste management, and the final destination of the recyclable materials. This information shall be amended as necessary. (c) Application for commercial recycle compactor hauler Permit per haul vehicle. An applicant for a permit as a private hauler of recyclable materials must provide the following: (1) the business name; (2) the driver's name and driver's license numbers; (3) business address; (4) home address; (5) business phone number; (6) home phone number; (7) list of vehicles used for waste removal, including: a. make; b. model; and C. license number; (8) proof of current bond of ten thousand and no /100 dollars ($10,000.00) on a form provided or approved by the City; (9) the name of the final destination for recyclable materials and proof that such destination has demonstrated its ability to be an approved processor capable of diverting recyclable materials in accordance with all applicable laws and regulations; M (10) proof of liability insurance; and (11) a permit fee and a fee for each additional permit requested as specified in Appendix A of the Code of Ordinances, which may be amended from time to time. This fee shall not be prorated for a partial year. All information required in this subsection (c) shall be amended and updated, within thirty (30) days of a change or when any of the current information in the possession of the City becomes outdated. (d) Renewal of Permit. ($2500.00 Annually) Each permit shall be renewed annually and the information listed in subsection (c) of this section shall again be provided, along with a copy of the bond renewal, liability insurance, name of recyclable materials processor and a renewal fee as specified in Appendix A of the Code of Ordinances, which may be amended from time to time. (e) Term of Permit. The term of the permit shall be from January 1 to December 31 of each year. An expired permit is not valid for continued operation under this chapter. (f) Vehicle Permit Required. Any vehicle used by a hauler for the purpose of removing and transporting recyclable materials must have, prominently displayed, a permit supplied by the City. (g) Collection and Diversion of Recyclable Materials. Haulers shall only divert recyclable materials in accordance with the requirements of this article and State law. Haulers shall submit evidence of such compliance with this article for each month demonstrating, at a minimum: (1) the amount of recyclable materials collected; (2) dates of collection; and (3) receipts for disposal. The City has the right to inspect and audit the records of any hauler in order to ensure compliance with this section. Diversion of construction and demolition debris as recyclable material shall only be accomplished after separation of recyclable material from solid waste at the construction or project site. Commingling construction and demolition solid waste with construction and demolition recyclable material is prohibited. The failure of a hauler to separate at the source any recyclable material from solid waste, which results in the hauler transporting solid waste as an unauthorized solid waste contractor, may result in the revocation of the hauler's permit. (h) Revocation of Permit. The permit of a hauler may be revoked by the Director of Public Works for the following reasons: (1) failing to keep a current bond filed in the Public Works Department; 15 (2) being observed by the Director of Public Works or his duly appointed representative placing recyclable materials or any other solid waste in any location other than as authorized by State law; (3) being observed by the Director of Public Works or his duly appointed representative improperly securing a load while in transit to or from any location that requires transport on City streets; (4) failure to display a permit on any truck used for recyclable materials; (5) being observed by the Director of Public Works or his duly appointed representative commingling solid waste with recyclable material and thereby transporting solid waste as an unauthorized solid waste contractor; or (6) when a recyclable material generator terminates the letter of certification referenced in section 34- 62(b). If the Director of Public Works revokes the permit of a hauler, the hauler must surrender all permits that have been issued to him by the Public Works Division. Operating under a revoked or expired permit is a violation of this section. (i) Restoration of Revoked Permit. A hauler may appeal the revocation of his permit to the City Manager or his duly appointed representative in writing within five (5) days of the date of revocation; the City Manager or his duly appointed representative shall have the authority to reverse or uphold the revocation or establish terms by which the permit may be restored. The decision of the City Manager or his duly appointed representative shall be final. If a permit has been revoked due to illegal dumping by a hauler, the permit may only be restored with the payment of a restoration fee. If a permit revocation is upheld by the City Manager or his duly appointed representative, the private hauler of recyclable materials may only obtain a new permit, as follows: (1) after the first revocation: the applicant for a permit must make payment of a restoration fee as determined from time -to -time by the city council; and (2) after the second or subsequent upheld revocation, a hauler may not obtain a new permit under this article for twelve (12) calendar months from the date of revocation. 0) Transferability. The permit is not transferable. A permit shall be required for each hauler desiring to provide service on a case -by -case basis. Sec. 34 -63. Transport of refuse. im (a) Refuse collected by persons other than the agent designated by the City shall be transported in vehicles which are covered by a metal top, screening or canvas or in such other manner so as to prevent the escape of any particle of refuse. Refuse escaping from such a truck shall be deemed as litter, and the driver shall be responsible for littering. (b) Haulers from any locale other than the City using the streets of the City shall be required to use similarly suitable vehicles and to be responsible for the containment of the contents, as provided in subsection (a), above. Sec. 34 -64. Prohibited acts. (a) Pilfering, scattering contents or meddling with garbage, recyclables, rubbish, brush or collection containers or receptacles by any person other than the owner, occupant or authorized agent is prohibited. (b) It shall be unlawful for any person to deposit any burning match, charcoal, ember or other burning material in any collection container or receptacle used for the disposal of garbage, recyclable material, rubbish, or brush. (c) It shall be unlawful for any person to deposit any materials not included in the definitions of garbage, recyclable material, rubbish and brush in any collection container or receptacle used for the disposal of garbage, recyclable material, rubbish or brush. (d) It shall be unlawful for any unauthorized person, other than the commercial customer or its employees or agents, to deposit any materials in a commercial collection container or receptacle. (e) It shall be unlawful to deposit solid waste generated from within the corporate City limits in any place other than a landfill designated in this chapter unless authorized by the executive Director of Public Works or his duly appointed representative. (f) It shall be unlawful to store or place in a screening enclosure that is provided for garbage and /or recycling containers and /or receptacles any debris, solid waste or any other item for storage that is not a solid waste and /or a recycling container and /or receptacle. (g) It shall be unlawful to bring in waste for disposal from outside of City of Schertz City limits. Sec. 34 -65. Diversion of recyclable materials. 17 (a) Individual residents may remove recyclable material from their own residences; provided that the recyclable materials are secured as provided in section 34- 63(a). (b) It shall be unlawful for any person, including, without limitation, a resident or commercial business customer, to cause a diversion of recyclable materials at any location in violation of State law. (c) No person, including, without limitation, a resident or commercial business customer, may contract for the diversion of recyclable materials with a person who is not a permitted hauler in compliance with section 34 -60. Sec. 34 -66. Wastes from tree - trimming operations. It shall be the duty of any person employing a contractor, tree - trimmer, or other person to trim or prune trees or shrubs to have said trimmings removed from the premises at his own expense. Sec. 34 -67. Applicability of state law. The provisions of this article are adopted under V.T.C.A., Health and Safety Code ch. 361. (a) The regulations promulgated in this article cover all aspects of municipal solid waste management under the authority of the State and are based primarily on the stated purpose of Vernon Texas Statue and Codes, Health and Safety Code ch. 361, as amended, hereafter referred to as the Texas Solid Waste Disposal Act. The owner or operator of a municipal solid waste landfill (MSWLF) facility shall comply with any other applicable federal rules, laws, regulations or other requirements. (b) All permits, including any special provisions therein, issued by the applicable State Department shall remain in force after the effective date of the ordinance from which this article is derived. To the extent that a standard has been changed by this article, the permittee may continue to operate under standards contained in previously issued permits, except for those requirements mandated by EPA 40 C.F.R. §§ 257 and 258, as amended, which implement certain requirements of subtitle D of the Resource Conservation and Recovery Act (RCRA). For those Federally mandated requirements, the permittee is under an obligation to apply for a change to his permit in accordance with Federal and State law, as applicable, to incorporate the required standard. Timely submission of a request for a permit change qualifies the owners or operators of existing MSWLF units for interim status. MSWLF facility owners or operators with interim status are treated as having been issued a permit modification or amendment until the im Executive Director makes a final determination on the permit modification request or the commission makes a final determination on the permit amendment request. Facility owners or operators with interim status must comply with the requirements of this article upon the effective date of this article. (c) A permit or license shall be required for each municipal solid waste (MSW) unit, as required by applicable law, and the City Manager, at his discretion, may include one or more different types of units in a single permit if the units are located at the same facility. (d) The following are some of the rules with which the City's Public Works Director should have a working knowledge: (1) 30 Tex. Admin. Code ch. 281. This chapter describes how a permit application, amendment or modification is processed and approved; (2) 30 Tex. Admin. Code ch. 305. The chapter details the preparation and form of permits, applications, amendments and modifications; (3) 30 Tex. Admin. Code ch. 330. This chapter outlines municipal solid waste management rules. This is the principle rule municipal solid waste managers utilize; and (4) 30 Tex. Admin. Code ch. 335. This chapter outlines rules covering management of hazardous waste, both industrial and municipal. It also outlines how industrial solid waste is handled and when it can be deposited in municipal solid waste landfills. (e) Regional and local plans. Every region in the State is completing a regional plan. The regions are defined by the existing regional Councils of Government established by the State Legislature. These regional plans outline important data in analyzing the solid waste needs or to help with problem solving. The regional or local plan should be consulted for guidance or consistency in solving a problem or deciding on a course of action. In either case, the solid waste manager should be consistent with the plan, or seek amendment to the plan, before proceeding to implement a solution. Sec. 34-68. Enforcement. The provisions of this article shall be enforced by the Director of Public Works or his duly appointed representative, and it shall be unlawful for any person to interfere with or hinder the Director of Public Works or his duly appointed representative in the exercise of his duties under this article. Notwithstanding any provisions contained herein to the contrary, the Director of Public Works or his duly appointed representative are hereby granted the authority to issue immediate citations to persons violating any provision of this article. im Sec. 34 -69. Offense. (a) Any person violating or failing to comply with any provision or requirement of this article, who continues to violate or fails to comply with same, shall also be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $2,000.00, such offenses listed herein being violations of the health and safety ordinance of the City. A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur. This section shall be in addition to and cumulative of the provisions for abatement by the City of any nuisance created by the violation of this ordinance and the charging of the cost of abatement of said nuisance against the owner of the property. (b) Notwithstanding the foregoing, any violation of any provision of this article which constitutes an immediate danger or threat to the health, safety and welfare of the public may be enjoined in a suit brought by the City for such purpose. (c) In addition to any other remedies or penalties contained herein, the City may enforce the provisions of this article pursuant to the applicable provisions of Vernon Texas Statues and Codes, Local Government Code Ch.54, which chapter provides for the enforcement of municipal ordinances. (d) Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this article." Section 3. The Code of Ordinances of the City of Schertz, Article I I I Solid Waste, Appendix A, Schedule of Fees, is hereby amended and shall read as follows: ARTICLE III - SOLID WASTE. Sec. 34 -70. Sanitation service deposits and fees. Sec. 34 -71. Residential collection regulations. Fee based on type of dwelling, type of container, and number of scheduled pick -ups. Please reference the City of Schertz current fee schedule. NN Section 4. All ordinances, orders or resolutions heretofore passed and adopted by the City Council of the City of Schertz, Texas, are hereby repealed to the extent that said ordinances, orders or resolutions, or parts thereof, are in conflict herewith. Section 5. If any section, subsection, clause, phrase or provision of this Ordinance, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unconstitutional, the remaining sections, subsections, clauses, phrases and provisions of this Ordinance, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Section 6. This Ordinance shall become effective immediately upon its passage and publication as provided by law, and it is accordingly so ordained. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT THIS ORDINANCE WAS PASSED and APPROVED on first reading this the 25th day of August 2020. PASSED, APPROVED and ADOPTED on second reading this the 1St day of September 2020. r_110 9:601 City Secretary, Brenda Dennis m Mayor Ralph Gutierrez ei IRIUM City Council August 25, 2020 Meeting: Department: City Secretary Agenda No. 9. Subject: Public Hearing on Proposed Budget for FY 2020 -21 - Conduct a public hearing and presentation regarding the adoption of the FY 2020 -21 Budget. (First required public hearing) (M. Browne /B. James/J. Walters) In accordance with Section 102.006 of the Texas Local Government Code the City Council must hold a public hearing on the proposed budget for FY 2020- 21.The first public hearing will be at the August 25, 2020, regular session. A second public hearing will be conducted at the September 1, 2020, regular session.A copy of the proposed FY 2020 -21 Budget can be found online at www.schertz.com and is attached as well. Attachments FY 2020 -21 Budget City of Fiscal Year 2020-21 Budget Cover , • This budget will raise more total property taxes than last year's budget by $914,787 or 5% increase, and of that amount, $621,251 is tax revenue to be raised from new property added to (the tax roll this year. The members of the governing body voted on the proposal to consider the budget as follows: FOR: N/A AGAINST: N/A PRESENT and not voting: N/A ABSENT: N/A Property Tax Rate Comparison 2019 -20 2019 -20 Property Tax Rate: $0.5146/100 $0.5146/100 No- new - revenue /Effective Rate: $0.5079/100 $0.5057/100 No- new - revenue /Effective Maintenance & Operations Tax $0.3475/100 $0.3437/100 Rate: Voter - approval Rate: $0.5247/$100 N/A Rollback Tax Rate: N/A $0.5362/100 Debt Rate: $0.1650/100 $0.1650/100 Total debt obligation for the City of Schertz secured by property taxes: $ 75,077,338 CITY OF SCHERTZ, TEXAS :- CITY COUNCIL RALPH GUTIERREZ Mayor MARK DAVIS Council Member, Place 1 ROSEMARY SCOTT Council Member, Place 2 SCOTT LARSON Council Member, Place 3 MICHAEL DAHLE Council Member, Place 4 DAVID SCAGLIOLA Council Member, Place 5 ALLISON HEYWARD Council Member, Place 6 TIM BROWN Council Member, Place 7 • - a a . MARK BROWNE, CITY MANAGER BRIAN C. JAMES, ASSISTANT CITY MANAGER CHARLSE KELM, ASSISTANT CITY MANAGER SARAH GONZALEZ, ASSISTANT TO THE CITY MANAGER JAMES P. WALTERS, FINANCE DIRECTOR BABETT MARTIN, ASSISTANT FINANCE DIRECTOR MAYA LEDOLIX, FINANCIAL ANALYST City of Schertz Our Vision Community. Service. Opportunity. Our Mission Leading, improving, and serving a livable, sustainable and financially sound community City Policy Values 1. Safe Community 2. Essential Services 3. High Quality of Life 4. Attractive Community 5. Economic Prosperity 6. Fiscally Sustainable City Operational Values 1. Systems Management 2. Engaged Workforce 3. Innovative 4. Proactive 5. Service Oriented City Core Value 1. Do the right thing 2. Do the best you can 3. Treat others the way you want to be treated 4. Work cooperatively as a tea CITY OF SCHERTZ 2020 -21 BUDGET Table of Contents Executive Summary General Fund Summary 8 Revenues 10 City Council 15 City Manager 19 Municipal Court 23 311 /Customer Relations 28 Planning & Zoning 31 Legal Services 38 City Secretary 41 Non - Departmental 46 Public Affairs 49 Engineering 56 Geographic Information Systems 62 Police 66 Fire Rescue 79 Inspections 85 Streets 91 Parks, Recreation, & Community Services 96 Pools 102 Event Facilities 106 Library 111 Animal Services 115 Information Technology 119 Human Resources 124 Finance 129 Purchasing & Asset Management 134 Fleet Services 139 Facility Services 145 Projects 151 City Assistance 152 Court Restricted Funds 154 Interest & Sinking Fund 157 Water & Sewer Summary 162 Business Office 166 Water & Sewer Administration 171 Capital Recovery - Water 181 Capital Recovery — Sewer 186 Drainage Summary 191 Revenues 195 Expenditures 196 Emergency Medical Services (EMS) Summary 200 Revenues 205 Expenditures 206 Schertz Economic Development Corporation Summary 209 Revenues 213 Expenditures 214 Special Revenue Funds Special Events 217 Public, Educational, and Government (PEG) Access Fund 220 Hotel /Motel Tax 224 Park Fund 228 Tree Mitigation 232 Library Fund 236 Historical Committee 240 Glossary 244 XXXXX Executive Summary General Fund Revenue: General Fund revenue will increase 5.7% over FY 2019 -20 year end estimates not including the transfer in from reserves. The largest contributor to this increase will be from property and sales taxes. The property taxes for FY 2019 -20 are estimated to increase 4.3% and sales taxes are estimated to increase 5 %. The sales tax growth trend follows the area development growth and the potential for new businesses. Miscellaneous Income is expected to decrease 10.1% in FY 2020 -21 from the year end estimates due to an anticipated lower yield on investments. The investment income closely follows the Federal Funds Rate which is near zero which will decrease the investment income in the proposed budget year. Expenses: The overall FY 2020 -21 General Fund Operating Budget increased 5.7% from FY 2019 -20 year end estimates. This increase includes $386,000 for new positions and personnel programs for Police, Fire, and Planning & Zoning. The new personnel assignments will be based review of the practices and service levels of the City. Another notable item for the FY 2019 -20 Budget is the implementation of the Classification & Compensation Study s first year recommendation. This study by a 31 party reviews market wages and makes recommendations for compensation adjustments for City staff. The first year recommended adjustment was effective on July 4t", 2020. The study also recommended annual Employment Cost Index (ECI) adjustments. The budget includes $211,000 for a 1% ECI for all employees effective October 1St This budget also proposes $400,000 for a Comprehensive Land Use Plan and Unified Development Code update. These documents help the City plan for its continued growth. The Facilities Maintenance Budget will also increase by $55,000 for annual maintenance to help address the regular building maintenance required for the City facilities. The City will also pull $500,000 from its fund balance for additional capital projects. $200,000 for streets, $150,000 for parks and trails, $100,000 for drainage, and $50,000 for sidewalk improvements. City Council The Proposed FY 2019 -20 Budget increases 7.8% from the FY 2018 -19 year end estimates. The costs of the November 2020 election have been received from the counties and show an increase in cost under City Support Services. New tablets, phones, and monitors will be purchased in FY 2019 -20 for councilmembers. 1 of 249 XXXXX EXECUTIVE SUMMARY City Manager The FY 2020 -21 Budget increases 8.3% from the year end estimates due to a higher salary for the Economic Development Director, which is offset by the contract with the Economic Development Corporation. Municipal Court The FY 2020 -21 Budget increased 10.9% from year end estimates due to personnel increases based on the classification and compensation study results. Judge and Prosecutor services also contribute to the increase with the expectation the court will be fully operational after COVID -19 in FY 2020 -21. 311 Customer Service The FY 2020 -21 Budget increases 5.1% from the year end estimates due to personnel increases with the classification and compensation study recommendation. Planning & Zoning The FY 2020- the addition of a Comprehensive Land Use Plan, Parks Master Plan, and Unified Development Code update for $400,000. To manage the long term planning for the City, an additional Senior Planner is to be hired. Legal Services The FY 2020 -21 Budget increases 3.4% from the FY 2019 -20 year end estimate with the anticipated billable hours for legal services in FY 2020 -21. City Secretary The FY 2020 -21 Budget increases1.0% from the FY 2019 -20 year end estimate for furniture purchases. Non - Departmental The FY 2020 -21 Budget decreases 15.1 % from the FY 2019 -20 year end estimate with the expiration of the Amazon.com and Capital Group tax abatements. Public Affairs The FY 2020 -21 Budget increases 7.2% from the FY 2019 -20 year end estimate due to a citizen satisfaction survey that is done every other year. Personnel also increases with the classification and compensation study recommendation. Engineering The FY 2020 -21 Budget increases 28.7% from the year end estimate due to personnel changes. FY 2020 -21 will have a full year funding of the new engineer position approved in FY 2019 -20, funding of the promotion of the Project Manager to an Engineer, and include pay adjustments from the classification and compensation study recommendation. GIS The FY 2020 -21 Budget increases 2.8% from the FY 2019 -20 year end estimate for unused training expenses, compensation adjustments and increased equipment leasing costs. 2 of 249 XXXXX EXECUTIVE SUMMARY Police The FY 2020 -21 Budget increases 8.0% from the FY 2019 -20 year end estimate for additional personnel expenditures. These personnel increases include a new Student Resource Officer and a new Captain position for the Police Department. Other personnel increases include a pay increase as recommended by the classification and compensation study. The FY 2020 -21 Budget will also include additional vehicle fuel and training in anticipation of more officer positions being filled. Fire Rescue The FY 2020 -21 Budget will increase 6.4% from the FY 2019 -20 year end estimate from higher personnel costs to hire a new Emergency Management Coordinator to oversee the Emergency Operations Center during events, coordinate the update of emergency plans, and apply for applicable grants. Capital Outlay will increase to begin replacing handheld radios over 3 years. Inspections The FY 2020- - implementation of the classification and compensation recommendation. Streets The FY 2020 -21 Budget will decrease 11.9% from the FY 2019 -20 year end estimate. Increases in personnel expenditures related to the classification and compensation study implementation is offset with fewer capital purchases planned in FY 2020 -21. Parks The FY 2020 -21 Budget will increase 1.9% from the FY 2019 -20 year end estimate with the classification and compensation study recommendation which is partially offset with less maintenance with the completion of the Senior Center Parking lot renovation. Pools The FY 2020 -21 Budget will decrease 0.3% from the FY 2019 -20 year end estimate. Event Facilities The FY 2020 -21 Budget will increase 10.5% from the FY 2019 -20 year end estimate due to full staffing and the purchase of replacement equipment. Library The FY 2020 -21 Budget increases 1.1 % from the FY 2019 -20 year end estimate with no changes in operations. Animal Services This budget was combined into the Police Department Budget. Information Technology The Information Technology FY 2020 -21 Budget increases 14.4% from the FY 2019 -20 year end estimates. Primary costs changes include increases in annual software support costs, plus the addition of annual costs for new services such as ADP, the new text archiving service, services added to allow work - from -home options for staff, etc. Due to COVID -19, equipment purchases and regular desktop replacements in Operating Equipment did not happen and will be increased in FY 2020 -21. In addition, all cell phone expenses are now consolidated into the IT budget and removed from various 3 of 249 XXXXX EXECUTIVE SUMMARY departments except for charges related to enterprise funds in order to improve transparency. Cost reductions implemented for FY 2020 -21 include decreases in training, hardware purchases, consulting and maintenance expenses. Human Resources The FY 2020 -21 Budget will increase 13.6% from the FY 2019 -20 year end estimate. FY 2019 -20 had additional savings related to COVID -19 as training and staff events did not happen. The increase represents returning to normal operations. Finance The FY 2020 -21 Budget will increase 5.0% from the FY 2019 -20 year end estimate due to additional compensation awarded from the classification and compensation study. Purchasing & Asset Management The FY 2020 -21 Budget will increase 5.0% from the FY 2019 -20 year end estimate due to personnel increase related to the classification and compensation study recommendation. Fleet Services The FY 2020 -21 Budget will increase 8.0% from the FY 2019 -20 year end estimate due to personnel expenditures. The increase comes from the anticipation of being fully staffed including hiring of an Assistant Public Works Director and from increases related to the classification and compensation study recommendation. Facility Services The FY 2020 -21 Budget increases 2.6% from the FY 2019 -20 year end estimates due personnel expenditures related to the classification and compensation study recommendation. City Assistance The FY 2020 -21 Budget will decrease 0.8% from the FY 2019 -20 year end estimate with no change in operations. Court Restricted Funds The FY 2020 -21 Budget will increase $3,227 from the FY 2019 -20 to match the increase in court technology fee projections. Interest & Sinking Fund Revenues: Revenues for FY 2020 -21 increase 3.4% from the FY 2019 -20 estimate with higher property values. Expenses: The FY 2020 -21 Budget will increase 1.0% from the FY 2019 -20 year end estimate following the debt service schedule. Water & Sewer Fund Revenue: Revenues for FY 2020 -21 are expected to decrease 6.1 % from the FY 2019- 20 year end estimate with lower water and sewer fees after COVID-19. Expenses: The FY 2020 -21 Budget decreases 15.0% from the FY 2019 -20 year end estimates due to fewer projects being funded which offset increases in the W &S 4 of 249 XXXXX EXECUTIVE SUMMARY Administration. Utility Billing The FY 2020 -21 Budget decreases 9.6% from the FY 2019 -20 year end estimate. Personnel increases from the classification and compensation study recommendation are offset by no capital outlay purchases and no software upgrades for FY 2020 -21. Administration The FY 2020 -21 Budget will increase 2.6% from the FY 2019 -20 year end estimate for increased sewer treatment costs from the new winter average. Additional increases include personnel expenditures related to being fully staffed and for the classification and compensation study recommendation. Capital Recovery Fund Water Projects for FY 2020 -21 include conducting the Water/Wastewater Capital Recovery Study to identify future capital needs. Ongoing projects include the 1 million gallon elevated tank at Corbett which was funded in FY 2018 -19 Capital Recovery Fund - Sewer Projects for FY 2020 -21 include conducting the Water/Wastewater Capital Recovery Study to identify future capital needs. Ongoing projects include the construction of the main trunk line in southern Schertz that will connect to the new sewer treatment facility being added to the area. Drainage Fund Revenue: The FY 2020 -21 revenue from drainage fees is expected to increase 17.4% with a transfer from reserves to purchase replacement capital equipment. Expenses: The FY 2020 -21 Budget will increase 16.3% from the FY 2019 -20 year end estimate to purchase additional capital equipment and provide additional mowing that will no longer be covered by the state. EMS Fund Revenue: Revenues for FY 2020 -21 are expected to increase4.7% from FY 2019 -20 year end estimates for additional transports and an increase on the inter - jurisdictional contracts. Expenses: The FY 2020 -21 Budget will increase 3.8% from the FY 2019 -20 year end estimate. Additional personnel expenditures for new staff are offset by additional revenue brought in by the calls those staff will be on. Schertz Economic Development Corporation (SEDC) Revenues: The SEDC receives one -half of one percent of all sales and use tax generated within the City of Schertz. The revenue for FY 2020 -21 is projected to increase by 0.3% from the FY 2019 -20 year -end estimate. The increase reflects a 5% increase in sales tax revenue which is offset by lower investment returns. The SEDC will also transfer $3,496,428 from its reserves for performance agreement payments expected in FY 2020 -21. 5 of 249 EXECUTIVE SUMMARY XXXXX Expenses: The SEDC funds are restricted to those expenses authorized by the Texas Local Government Code sections 501 and 505. The expenses for FY 2020 -21 are projected to increase by 19% for additional personnel costs, grant awards and software purchases. Special Events Fund Revenue: The revenue for FY 2020 -21 is expected to decrease 6.0% from FY 2019- 20 year end estimates in anticipation of a lower turnout at events. Expenses: The Special Events Fund FY 2020 -21 Budget decrease 0.2% from the FY 2019 -20 year end estimates with no change in operations. Public, Educational, and Governmental Access (PEG) Fund Revenue: Revenues for FY 2020 -21 are expected to increase from $86,168 to $185,500 from the FY 2019 -20 year end estimates with a transfer from reserves to fund the master communication plan. Expenses: The PEG Fund FY 2020 -21 Budget increased from $3,259 to $185,500 from the FY 2019 -20 year end estimates with the continued implementation of the communication master plan. Hotel Motel Tax Fund Revenue: Revenue for FY 2020 -21 is expected to decrease 1.8% from the FY 2019- 20 year end estimates due to lower investment returns. Expenses: The Hotel Motel Tax Fund FY 2020 -21 Budget decrease 38.2% from FY 2019 -20 year end estimates due to no planned improvements to the Civic Center. Park Fund Revenue: The revenue for FY 2020 -21 is expected to decrease 12.1 % from the FY 2019 -20 year end estimates from new development. Expenses: The FY 2020 -21 Budget decrease 29.4% from the FY 2019 -20 year end estimate with fewer planned parks improvements. Tree Mitigation Revenue: The revenue for FY 2020 -21 is expected to increase by 4.8% from 2019- 20 year end estimate with fewer additional new development projects. Expenses: The FY 2020 -21 Budget will increase by 16.7% from the FY 2019 -20 year end estimate for additional tree trimming and planting shade trees throughout the city. 6 of 249 XXXXX EXECUTIVE SUMMARY Library Fund Revenues: Revenue for FY 2020-21 is expected to decrease 6.0% from the FY 2019- 20 year end estimate with less book sales. Expenses: 020-21 Budget increase 0.2% from the FY 2019- 20 year end estimates with no expected changes in operations. Historical Committee Revenues: Revenue for FY 2020-21 is expected to decrease 6.0% from the FY 2019- 20 year end estimate with less book sales. Expenses: 020-21 Budget increase 0.2% from the FY 2019- 20 year end estimates with no expected changes in operations. 7 of 249 8 -06 -2020 03:47 PM 101- GENERAL FUND C I T Y O F S C H E R T Z PROPOSED BUDGET WORKSHEET AS OF: JUNE 30TH, 2020 PAGE:XXXXX FINANCIAL SUMMARY 2017 -2018 ACTUAL (-------- 2018 -2019 ACTUAL - - - - -- CURRENT BUDGET 2019 -2020 --------------- Y -T -D ACTUAL PROJECTED YEAR END -------- 2020 -2021 -- - - - - -) CITY ADMIN. ADOPTED RECOMMENDED BUDGET REVENUE SUMMARY 79,763 92,341 129,542 93,339 124,704 134,389 Taxes 20,507,460 22,193,926 23,448,050 21,204,142 23,629,050 25,198,550 Franchises 2,308,335 2,270,107 2,184,000 1,655,565 2,305,000 2,334,000 Permits 2,244,153 1,539,511 1,742,250 1,326,245 1,760,643 1,767,250 Licenses 73,381 65,787 56,860 39,487 58,160 56,860 Fees 2,587,847 2,459,972 2,390,134 1,581,076 2,140,231 2,390,534 Fines & Forfeitures 20,902 14,583 12,000 5,964 10,000 11,000 Inter- Jurisdictional 887,256 926,570 977,436 609,116 975,643 1,066,925 Fund Transfers 2,989,901 2,697,683 8,124,257 2,143,366 2,878,317 3,667,362 Miscellaneous 918,108 1,252,501 907,250 809,367 803,241 722,100 TOTAL REVENUES 32,537,343 33,420,639 39,842,237 29,374,328 34,560,285 37,214,581 EXPENDITURE SUMMARY NON PROGRAM GENERAL GOVERNMENT CITY COUNCIL 79,763 92,341 129,542 93,339 124,704 134,389 CITY MANAGER 1,256,251 1,086,888 1,194,870 871,799 1,176,639 1,273,718 MUNICIPAL COURT 368,540 347,078 340,383 244,862 330,477 366,556 CUSTOMER RELATIONS -311 121,141 117,254 107,747 82,648 108,135 113,604 PLANNING & ZONING 220,761 227,535 253,322 131,736 220,674 695,183 LEGAL SERVICES 129,958 135,598 150,000 50,765 145,000 150,000 CITY SECRETARY 200,851 207,930 201,461 155,137 206,142 208,258 NONDEPARTMENTAL 2,424,967 2,171,669 3,092,480 1,869,087 2,974,298 2,526,233 PUBLIC AFFAIRS 301,935 609,184 596,624 418,677 585,245 627,572 RECORDS MANAGEMENT 62,624 0 0 0 0 0 SCHERTZ TALES MAGAZINE 370,241 ( 350) 0 0 0 0 ENGINEERING 639,481 703,456 767,011 488,535 680,121 875,454 CIS 172.851 177,700 182,674 142,609 185,375 190,585 TOTAL GENERAL GOVERNMENT 6,349,363 5,876,284 7,016,114 4,549,194 6,736,810 7,161,552 PUBLIC SAFETY POLICE 7,238,194 8,077,388 9,079,000 6,290,212 8,683,474 10,130,278 FIRE RESCUE 4,806,193 5,287,798 5,529,519 4,156,594 5,766,664 6,136,787 INSPECTIONS 923,193 962,856 999,402 649,652 971,323 1,020,616 MARSHAL'S OFFICE 372,049 0 0 0 0 0 TOTAL PUBLIC SAFETY 13,339,628 14,328,041 15,607,921 11,096,458 15,421,461 17,287,681 8 of 249 8 -06 -2020 03:47 PM C I T Y O F S C H E R T Z PAGE:XXXXX PROPOSED BUDGET WORKSHEET 101- GENERAL FUND AS OF: JUNE 30TH, 2020 FINANCIAL SUMMARY PUBLIC ENVIRONMENT STREETS TOTAL PUBLIC ENVIRONMENT PARKS & RECREATION PARKS SWIM POOL EVENT FACILITIES TOTAL PARKS & RECREATION CULTURAL LIBRARY TOTAL CULTURAL HEALTH ANIMAL SERVICES ENVIRONMENTAL HEALTH TOTAL HEALTH INTERNAL SERVICE INFORMATION TECHNOLOGY HUMAN RESOURCES FINANCE PURCHASING & ASSET MGT FLEET SERVICE BUILDING MAINTENANCE TOTAL INTERNAL SERVICE MISC & PROJECTS PROJECTS CITY'S ASSISTANCE COURT- RESTRICTED FUNDS TOTAL MISC & PROJECTS TOTAL EXPENDITURES REVENUE OVER /(UNDER) EXPENDITURES (-------- - - - - -- 2019 -2020 --------------- )( -- - - - - -- 2020 -2021 -- - - - - -) 2017 -2018 2018 -2019 CURRENT Y -T -D PROJECTED CITY ADMIN. ADOPTED ACTUAL ACTUAL BUDGET ACTUAL YEAR END RECOMMENDED BUDGET 1,230,206 1 301 880 1,883,260 868,686, 1,775,180, 1 563 977 1,230,206 1,301,880 1,883,260 868,686 1,775,180 1,563,977 1,059,505 1,483,637 1,620,028 843,869 1,555,275 1,584,079 578,573 567,606 569,878 267,830 571,412 569,878 125,438 323,241 395,017 233,087 354,813 392,192 1,763,517 2,374,484 2,584,923 1,344,786 2,481,500 2,546,149 945,948 999,857 1,025,736 753,789 1,047,808 1,059,697 945,948 999,857 1,025,736 753,789 1,047,808 1,059,697 529,980 499,493 699,825 509,853 693,970 0 199 779 0 0 0 0 0 729,759 499,493 699,825 509,853 693,970 0 1,838,909 2,218,800 2,470,537 1,283,673 2,136,705 2,444,657 506,860 658,495 704,174 483,124 650,535 716,135 565,676 595,797 608,893 475,350 618,929 649,851 230,539 227,974 233,183 173,831 235,872 242,951 750,015 801,809 1,046,481 686,848 981,284 1,060,214 1,442,251 1,491,452 1,608,197 1,044,800 1,586,738 1,628,725 5,334,250 5,994,326 6,671,465 4,147,625 6,210,063 6,742,533 0 0 4,000,000 0 0 500,000 312,091 303,127 330,000 226,089 332,666 330,000 6,500 2,607 22,992 0 19,765 22.992 318,591 305,733 4,352,992 226,089 352.431 852,992 30,011,261 31,680,098 39,842,237 23,496,480 34,719,223 37,214,581 2,526,081 1,740,541 0 5,877,848 ( 158,938) 0 9 of 249 8 -06 -2020 03:47 PM 101- GENERAL FUND C I T Y O F S C H E R T Z PROPOSED BUDGET WORKSHEET AS OF: JUNE 30TH, 2020 PAGE : XXXXX REVENUES (-------- - - - - -- 2019 -2020 --------------- -------- 2020 -2021 -- - - - - -) 2017 -2018 2018 -2019 CURRENT Y -T -D PROJECTED CITY ADMIN. ADOPTED ACTUAL ACTUAL BUDGET ACTUAL YEAR END RECOMMENDED BUDGET Taxes 000 - 411100 Advalorem Tax - Current 11,849,652 13,471,714 14,060,000 13,956,866 13,960,000 14,554,500 000 - 411110 Disable Veterans Assist Pymnt 0 201,117 300,000 0 0 500,000 000- 411200 Advalorem Tax - Delinquent 73,378 55,579 50,000 34,363 50,000 50,000 000 - 411300 Advalorem Tax -P &I 85,694 70,356 50,000 56,839 50,000 50,000 000- 411500 Sales Tax Revenue -Gen Fund 8,455,341 8,334,642 8,944,000 7,093,626 9,489,000 9,964,000 000 - 411600 Bingo Tax 11 24 50 28 50 50 000 - 411700 Mixed Beverage Tax 43.384 60,494 44,000 62,419 80,000 80,000 TOTAL Taxes 20,507,460 22,193,926 23,448,050 21,204,142 23,629,050 25,198,550 Franchises 000 - 421200 Center Point /Entex Energy 80,245 92,448 90,000 77,463 90,000 95,000 000- 421220 City Public Service 975,967 943,529 1,020,000 681,843 1,020,000 1,020,000 000 - 421240 Guadalupe Valley Elec Co -op 454,085 445,505 455,000 298,300 445,000 455,000 000 - 421250 New Braunfels Utilities 71,119 66,591 78,000 47,912 78,000 78,000 000 - 421300 Time Warner -State Franchise 305,571 310,384 180,000 206,152 320,000 250,000 000 - 421460 AT &T Franchise Fee 137,206 129,614 75,000 128,347 66,000 150,000 000 - 421480 Other Telecom Franchise - ROW 129,917 125,415 130,000 95,339 130,000 130,000 000 - 421500 Solid Waste Franchise Fee 154,225 156,621 156,000 120,208 156,000 156,000 TOTAL Franchises 2,308,335 2,270,107 2,184,000 1,655,565 2,305,000 2,334,000 Permits 000- 431100 Home Occupation Permit 490 525 500 525 500 500 000 - 431205 Bldg Permit- Residential 688,249 528,025 550,000 462,543 550,000 550,000 000 - 431210 Bldg Permit - Commercial 687,368 154,369 350,000 164,318 300,000 350,000 000 - 431215 Bldg Permit - General 329,072 362,898 350,000 255,825 350,000 350,000 000 - 431300 Mobile Home Permit 350 750 400 300 750 400 000 - 431400 Signs Permit 5,458 9,231 5,600 3,647 5,550 5,600 000 - 431500 Food Establishmnt Permit 60,950 62,460 63,000 63,270 66,000 63,000 000 - 431600 Garage Sale Permit 2,135 0 0 0 0 0 000 - 431700 Plumbing Permit 161,472 125,205 138,950 97,919 138,500 138,950 000 - 431750 Electrical Permit 82,140 70,860 70,900 48,100 66,000 70,900 000 - 431800 Mechanical Permit 76,940 65,740 68,300 51,640 69,500 68,300 000 - 431900 Solicitor /Peddler Permit 2,620 6,500 2,300 866 6,500 2,300 000 - 431950 Animal /Pet Permit 90 15 500 15 50 500 000- 432000 Cert of Occupancy Prmt 6,450 9,250 6,300 6,100 9,000 6,300 000 - 432100 Security Alarm Permit 51,697 48,506 43,000 29,906 39,293 43,000 000 - 432300 Grading /Clearing Permit 14,646 15,118 12,500 6,914 9,000 12,500 000 - 432400 Development Permit 39,252 52,297 50,000 105,469 115,000 75,000 000 - 435000 Fire Permit 33,025 27,763 30,000 28,890 35,000 30,000 000 - 436010 Network Nodes 1,750 0 0 0 0 0 TOTAL Permits 2,244,153 1,539,511 1,742,250 1,326,245 1,760,643 1,767,250 Licenses 000 - 441000 Alcohol Beverage License 7,085 7,543 8,100 5,470 8,000 8,100 000 - 441300 Mobile Home License 80 80 160 120 160 160 000 - 442000 Contractors License 63,660 55,600 45,600 32,940 48,000 45,600 000 - 444000 Pet License 2,556 2.564 3,000 957 2.000 3.000 TOTAL Licenses 73,381 65,787 56,860 39,487 58,160 56,860 10 of 249 8 -06 -2020 03:47 PM 101- GENERAL FUND REVENUES C I T Y O F S C H E R T Z PROPOSED BUDGET WORKSHEET AS OF: JUNE 30TH, 2020 PAGE:XXXXX 11 of 249 (-------- - - - - -- 2019 -2020 --------------- -------- 2020 -2021 -- - - - - -) 2017 -2018 2018 -2019 CURRENT Y -T -D PROJECTED CITY ADMIN. ADOPTED ACTUAL ACTUAL BUDGET ACTUAL YEAR END RECOMMENDED BUDGET Fees 000 - 451000 Municipal Court Fines 642,041 689,543 664,160 467,039 629,238 664,160 000 - 451100 Arrest Fee 24,743 26,448 25,680 15,848 21,518 25,680 000 - 451110 Expunction Fee 0 30 160 100 200 160 000- 451200 Warrant Fees 75,203 72,813 73,560 52,318 70,469 73,560 000 - 451210 Court - Claims & Judgements 0 ( 215) 0 0 0 0 000- 451220 Officer Jury Fee 0 0 0 91 200 400 000 - 451310 Restitution Fee -Local 0 0 0 126 0 0 000 - 451320 Civil Justice Fee -Court 0 0 0 0 250 500 000 - 451340 Judicial Fee -City 3,315 3,516 3,432 1,379 2,151 3,432 000 - 451400 Traffic Fine Costs TTL 11,712 12,521 12,168 7,242 9,699 12,168 000 - 451510 Juvenile Case Mgmt Fee 27,696 29,338 28,668 11,494 17,930 28,668 000 - 451520 Truancy Fees 4,889 5,448 5,352 8,571 9,805 5,352 000- 451530 Local Municipal Jury Fund 0 0 0 130 200 400 000 - 451600 Technology Fund Fee 22,098 23,423 22,992 14,526 19,765 22,992 000 - 451700 Security Fee 16,678 17,567 17,244 13,365 17,321 17,244 000 - 451800 Time Payment Fee -City 4,986 4,968 4,968 3,195 4,514 4,968 000 - 451850 State Fines 10o Service Fee 29,598 35,756 38,752 25,866 37,000 38,752 000 - 451900 PIS Payment -Local 5,916 5,501 5,592 3,863 5,296 5,592 000 - 452000 Child Safety Fee 6,798 9,743 10,356 5,235 8,505 10,356 000- 452100 Platting Fees 53,000 52,500 59,000 22,250 40,250 59,000 000 - 452200 Site Plan Fee 36,000 31,500 36,000 6,000 20,000 36,000 000- 452300 Plan Check Fee 817,115 527,531 625,000 418,742 560,000 625,000 000 - 452320 Tree Mitigation Admin Fee 17,369 5,280 15,000 10,707 15,000 15,000 000 - 452400 BOA /Variance Fees 5,778 3,250 5,000 1,000 1,500 5,000 000 - 452600 Specific Use /Zone Chng Fee 23,938 18,800 18,000 21,090 23,000 18,000 000 - 452710 Zoning Ltr & Dev Rights 1,950 4,500 1,950 2,400 5,400 1,950 000 - 453100 Reinspection Fees 169,225 226,667 170,000 149,276 198,000 170,000 000 - 453110 Swim Pool Inspection Fee 2,620 1,430 2,500 2,090 2,900 2,500 000 - 453200 Lot Abatement 1,615 2,508 5,000 6,029 10,000 5,000 000 - 453211 Admin Fee - Inspections 24,600 11,100 18,600 9,200 12,000 18,600 000 - 453310 Miss Inspection Fees 3,613 400 0 300 500 0 000 - 453710 Foster Care 1,100 403 500 350 500 500 000 - 454200 Pool Gate Admission Fee 23,053 24,312 24,000 4,735 12,000 24,000 000 - 454300 Seasonal Pool Pass Fee 4,410 4,234 5,000 1,290 1,400 5,000 000 - 456120 Senior Center Meal Fee 802 401 0 11,127 20,000 20,000 000- 456500 HAS MAT Fees 0 1,041 5,000 0 5,000 5,000 000 - 456600 Fire Re- inspection Fee 1,145 493 1,000 400 750 1,000 000- 458000 Sale of General Fixed Assets 19,252 0 20,000 0 0 20,000 000 - 458100 Sale of Merchandise 0 2,111 0 360 3,000 0 000 - 458110 Sale of Mdse - GovDeals 86,052 113,073 80,000 26,366 50,000 80,000 000 - 458400 Civic Center Rental Fees 210,428 211,568 200,000 6,125 150,000 187,000 000 - 458401 Capital Recovery Fee -Civic C 8,220 17,940 7,500 11,700 15,000 0 000 - 458402 Civic Center Ancillary Fees 0 0 0 200 0 0 000 - 458450 North Center Rental Fees 26,582 27,797 23,000 11,625 15,000 20,000 000- 458460 Senior Center Rental 4,600 8,101 7,000 3,500 7,000 7,000 000 - 458500 Community Center Rental Fees 40,651 45,211 35,000 15,088 20,000 34,000 000 - 458501 Community Center Service Fees 0 250 0 500 0 0 000 - 458510 Grand Ballroom Rental Fees 0 27,219 0 90,911 0 0 11 of 249 8 -06 -2020 03:47 PM 101- GENERAL FUND REVENUES C I T Y O F S C H E R T Z PROPOSED BUDGET WORKSHEET AS OF: JUNE 30TH, 2020 PAGE : XXX9(X (-------- - - - - -- 2019 -2020 --------------- )( -- - - - - -- 2020 -2021 -- - - - - -) 2017 -2018 2018 -2019 CURRENT Y -T -D PROJECTED CITY ADMIN. ADOPTED ACTUAL ACTUAL BUDGET ACTUAL YEAR END RECOMMENDED BUDGET 000 - 458520 Cut -Off Hall Rental Fees 0 5,644 0 12,161 0 0 000 - 458530 Conference Hall Rental Fees 0 269 0 1,788 0 0 000 - 458540 Bluebonnet Hall Rental Fees 0 20,250 0 23,611 0 0 000 - 458550 Pavilion Rental Fees 20,380 20,672 20,000 4,300 15,000 20,000 000 - 458560 Chamber of Comm Rent 7,800 7,800 7,500 5,850 7,800 7,500 000- 458570 Non - Resident SYSA League 13,080 19,170 10,000 8,590 10,000 10,000 000 - 458580 HOA Meeting Rental Fees 0 450 0 1,050 1,200 0 000 - 458581 Funeral Reception Rental Fees 0 225 0 600 0 0 000 - 458582 Quality of Life Rental Fees 0 1,860 0 4,380 0 0 000 - 458590 Cancellation Fees -Event Recta 0 250 0 5,795 0 0 000 - 458650 NonResident User Fee -BVYA 9,670 10,710 10,000 6 5,000 10,000 000 - 458660 BVYA Utility Reimbursement 21,919 13,490 15,000 0 0 15,000 000 - 458670 SYSA Utility Reimbursement 5,465 4,883 7,500 4,494 0 7,500 000 - 458675 Lions Futbol Utility Reimbrsm 8,860 17,064 10,000 12,582 15,000 10,000 000- 458685 Recreation Programs 0 0 0 0 1,000 1,000 000- 458685.Rec Prgrm- Kickball Leagues 0 0 0 744 2,600 2,600 000 - 458700 Vehicle Impoundment 10,920 7,820 10,000 8,520 10,000 10,000 000 - 459200 NSF Check Fee 25 100 100 125 200 100 000 - 459300 Notary Fee 96 42 100 30 125 100 000 - 459400 Maps,Copies,UDC & Mice Fees 35 30 0 5 45 0 000 - 459600 Animal Adoption Fee 18,827 12,423 12,000 10,570 15,000 12,000 000- 459700 Pet Impoundment Fee 6,257 6,099 5,000 8,276 10,000 5,000 000 - 459800 Police Reports Fee 5,723 4.702 5,800 3.850 5.000 5.800 TOTAL Fees 2,587,847 2,459,972 2,390,134 1,581,076 2,140,231 2,390,534 Fines & Forfeitures 000 - 463000 Library Fines 20,902 14.583 12,000 5,964 10.000 11.000 TOTAL Fines & Forfeitures 20,902 14,583 12,000 5,964 10,000 11,000 Inter - Jurisdictional 000 - 473100 Bexar Cc - Fire 36,886 5,269 21,077 21,078 21,077 21,077 000 - 473200 City of Seguin -Fire Contract 30,108 30,108 30,107 22,581 30,108 30,107 000 - 473300 Guadalupe Co- Library 217,152 217,152 217,152 180,960 217,152 203,191 000 - 473400 Randolph AFB - Animal Control 200 0 500 0 200 500 000 - 474200 Library Services - Cibolo 35,002 35,000 40,000 40,030 40,000 40,000 000 - 474210 Library Services -Selma 21,750 23,475 24,000 26,505 26,506 26,000 000 - 474400 Dispatch Service - Cibolo 160,000 160,000 166,000 120,000 160,000 166,000 000- 474600 School Crossing Guard -Bexar C 43,763 41,418 36,000 28,550 36,000 36,000 000 - 474610 School Cross Guard - Guadalupe 43,636 39,748 39,000 31,013 41,000 41,000 000- 474700 School Officer Funding 255,000 349,400 353,600 88,400 353,600 453,050 000 - 474750 Crime Victim Liaison Agreemen 43,760 25.000 50,000 50.000 50.000 50.000 TOTAL Inter - Jurisdictional 887,256 926,570 977,436 609,116 975,643 1,066,925 Fund Transfers 000 - 480000 Indirect Costs -EMS 170,087 141,587 179,100 134,325 179,100 182,600 000 - 480100 Indirect Costs - Hotel /Motel 67,605 67,582 74,428 55,821 74,428 72,464 000- 481000 Transfer In - Reserves 0 0 4,995,915 0 0 678,630 000 - 482200 Transfer In- Vehicle Replace 0 0 250,025 0 0 0 000 - 482300 Transfer In -Resry Child Safet 0 0 60,000 0 60,000 0 000 - 485000 Interfund Charges- Drainage -5% 271,430 295,157 243,114 182,334 243,114 285,506 12 of 249 8 -06 -2020 03:47 PM 101- GENERAL FUND REVENUES C I T Y O F S C H E R T Z PROPOSED BUDGET WORKSHEET AS OF: JUNE 30TH, 2020 PAGE:XXXO(X (-------- - - - - -- 2019 -2020 --------------- )( -- - - - - -- 2020 -2021 -- - - - - -) 2017 -2018 2018 -2019 CURRENT Y -T -D PROJECTED CITY ADMIN. ADOPTED ACTUAL ACTUAL BUDGET ACTUAL YEAR END RECOMMENDED BUDGET 000 - 486000 Interfund Chrges -Admin W &S 1,344,140 1,365,998 1,404,372 1,038,750 1,404,372 1,450,827 000 - 486202 Transfer In- Water &Sewer Fund 0 0 4,000 0 4,000 4,000 000 - 486203 Transfer In -EMS 0 0 4,000 0 4,000 4,000 000 - 486204 Transfer In- Drainage 0 0 1,000 0 1,000 1,000 000 - 487000 Interfund Charges -Fleet 344,026 370,729 361,258 270,500 361,258 398,618 000- 488000 Interfund Charges -4B 441,395 456,630 461,045 461,636 461,045 503,717 000 - 489000 Transfer In 86,219 0 86,000 0 86,000 86,000 000- 489620 Contribution -SEDC 265,000 0 0 0 0 0 TOTAL Fund Transfers 2,989,901 2,697,683 8,124,257 2,143,366 2,878,317 3,667,362 Miscellaneous 000 - 491000 Interest Earned 26,901 68,504 80,000 24,580 25,000 25,000 000 - 491200 Investment Income 242,255 407,593 400,000 228,709 256,000 200,000 000 - 491800 Gain /Loss ( 16,292) ( 9,867) 0 0 0 0 000- 491900 Unrealized Gain /Loss - Capone ( 777) 22,386 0 29,570 0 0 000 - 492500 Proceeds from Capital Lease 42,829 0 0 0 0 0 000 - 493000 Donations - Others 20 50 0 100 0 0 000 - 493120 Donations - Public Library 6,854 9,692 10,000 2,163 10,000 10,000 000 - 493400 Donations- Animal Control 12,979 4,769 5,000 3,778 5,000 5,000 000 - 493401 Donations -A /C Microchip 675 382 0 915 0 0 000 - 493402 Donations- Spay &Neuter 87 0 0 0 0 0 000- 493460 Donations- Parks 11,356 11,718 10,000 500 10,000 10,000 000 - 493465 Donations - Senior Center 11,472 11,494 10,000 5,908 10,000 10,000 000- 493502 Donations -PD 27,000 930 0 200 500 0 000 - 493503 Donation -Fire Rescue 15,350 1,740 0 2,150 3,000 0 000 - 493505 Donations - Police Events 0 0 3,000 0 0 0 000 - 493618 Donation - Veteran's Memorial 0 390 0 375 250 0 000 - 493700 July 4th Activities 0 0 26,000 235 26,000 26,000 000 - 493701 Proceeds - Holidazzle 0 0 1,500 12,320 12,320 12,500 000 - 493704 Moving on Main 0 0 3,000 100 0 4,000 000 - 494481 LawEnforcemtOfficersStnd &Educ 3,823 4,341 0 5,082 5,500 5,000 000 - 494482 Grants - Police, Fire, Gen Fund 1,474 8,000 2,500 0 2,100 2,500 000 - 495100 Mobile Stage Rental Fees 3,650 2,050 2,100 1,550 2,050 2,100 000 - 497000 Misc Income -Gen Fund 27,727 93,439 25,000 210,743 50,000 40,000 000 - 497005 Schertz Magazine Advertising 147,755 143,420 140,000 98,925 120,000 120,000 000 - 497100 Misc Income - Police 11,240 14,743 9,000 7,188 12,712 9,000 000 - 497106 Misc Income - Special Events 0 0 14,150 0 0 0 000 - 497150 Misc Income -Fire Department 970 0 0 0 0 0 000 - 497200 Misc Income - Library 5,331 4,930 4,500 2,233 4,300 4,500 000- 497210 Misc Income - Library Copier 19,558 21,843 18,000 9,474 17,000 18,000 000 - 497300 Misc Income - Animal Control 299 325 0 0 0 0 000 - 497400 Misc Income - Streets Dept 28,275 35,980 30,000 13,768 30,000 30,000 000 - 497460 Misc Income -Parks 0 140 0 84 0 0 000 - 497500 Misc Income -TML Ins. Claims 36,098 19,623 20,000 22,008 30,000 25,000 000 - 497550 Misc Income -TML WC Reimbursmn 2,074 3,407 10,000 4,887 8,000 10,000 000 - 497600 Misc Income - Vending Mach 2,365 2,824 2,500 1,003 2,500 2,500 000- 497610 Misc Income -Muni Court 2,036 154 0 0 0 0 000 - 498000 Reimbursmnt -Gen Fund 8,355 0 20,000 15,443 25,000 20,000 000 - 498105 Reimbursmt Police OT -DEA 17,213 17,830 18,000 19,334 22,500 18,000 000 - 498110 Reimburmnt Fire -Emg Acti -OT 212,799 336,655 30,000 72,533 100,000 100,000 13 of 249 8 -06 -2020 03:47 PM C I T Y O F S C H E R T Z PAGE:XXXXX PROPOSED BUDGET WORKSHEET 101- GENERAL FUND AS OF: JUNE 30TH, 2020 REVENUES (-------- - - - - -- 2019 -2020 --------------- )( -- - - - - -- 2020 -2021 -- - - - - -) 2017 -2018 2018 -2019 CURRENT Y -T -D PROJECTED CITY ADMIN. ADOPTED ACTUAL ACTUAL BUDGET ACTUAL YEAR END RECOMMENDED BUDGET 000 - 498150 Reimbursement - Library 6,355 13.018 13,000 13,509 13,509 13,000 TOTAL Miscellaneous 918.108 1,252.501 907,250 809,367 803.241 722.100 TOTAL REVENUES 32,537,343 33,420,639 39,842,237 29,374,328 34,560,285 37,214,581 14 of 249 DEPARTMENT: 150 CITY COUNCIL FUND: 101 GENERAL FUND DEPARTMENT DESCRIPTION The Schertz City Council is made up of eight elected officials. City residents currently elect a Mayor and seven Council members at- large. Mayors Pro Tempore shall be appointed by a majority vote of the City Council following a properly made motion to appoint a member who is both: (a) Eligible to serve as Mayor Pro Tempore; (b) Is, at the time of the motion, a Councilmember in good standing. The Mayor and seven City Council members are paid a modest stipend. The Schertz City Council is the City's legislative body. It sets policies, approves budgets, determines tax rates and passes ordinances and resolutions to govern the City. Council also appoints citizen volunteers to approximately 10 City advisory boards, committees, and commissions; and appoints and supervises the performances of the City Manager, City Secretary, City Attorney, and Municipal Court Judges. ORGANIZATIONAL CHART PERFORMANCE INDICATORS Number of ordinances passed Number of resolutions passed Requests for Information 15 of 249 48 2017 -18 2018 -19 2019 -20 Workload/Output Actual Estimate Budget Number of ordinances passed Number of resolutions passed Requests for Information 15 of 249 48 32 40 172 165 160 28 10 10 XXXXX CITY COUNCIL XXXXX Number of Council Meetings 47 36 40 Requests for Agenda Items 26 15 16 Council on the Go Meetings 3 3 *2 Council HOA Presidents Meeting 1 2 *0 Meeting Attendance rate 96 93 95 2017 -18 2018 -19 2019 -20 Efficient Actual Estimate Budget Meeting Attendance rate 96 93 95 Personnel 2017 -18 2018 -19 2019 -20 Budget Actual Estimate Budget Personnel $36,426 $38,654 $37,534 Supplies 645 650 750 City Support Services 24,677 51,500 59,205 Operations Support 178 300 300 Staff Support 22,615 28,600 28,600 Professional Services 7,800 5,000 6,000 Operating Equipment 0 0 2,000 Total $92,341 $124,704 $134,389 PROGRAM JUSTIFICATION AND ANALYSIS The Proposed FY 2019 -20 Budget increases 7.8% from the FY 2018 -19 year end estimates. The costs of the November 2020 election have been received from the counties and show an increase in cost under City Support Services. New tablets, phones, and monitors will be purchased in FY 2019 -20 for councilmembers. 16 of 249