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09-07-2021 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL September 7, 2021 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 treats Work cooperatively s a team City Council will hold its regularly scheduled meeting at 6:00 p.m., Tuesday, September ber 7, 2021, at the City Council Chambers. In lieu of attending the ineeting in person, residents will have the opportunity to watch the meeting via lire 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 Heyward) Presentations • Proclamation recognizing Childhood Cancer Awareness Month. (Mayor /Rebecca Lee) • Proclamation recognizing National Payroll Week (Mayor /Andrea Jones) Guadalupe Regional Medical Center - Prescription Assistance report. (Mayor /Council /J. Riggs /M. Ishak) New Employee Introductions: • Fire Department: Acton Hartzell - Fire Fighter • Police Department: Ismael De La Cruz • Public Works: Michael Doss - Drainage Worker 1, Raymond Garcia, Benjimin Rantz, Brandon Eskildsen, Juan Zamarripa - Service Worker I; Christopher Peacock - Street Worker II September 7, 2021 City Council Agenda Page I City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm /S. Gonzalez) • Announcements and recognitions by the City Manager (M. Browne) • Announcements and recognitions by the Mayor (R. Gutierrez) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of 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. 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. Minutes — Consideration and /or action regarding the approval of the minutes of the Special Budget Workshop meeting of August 6, 2021 and the minutes of the regular meeting of August 24, 2021. (B. Dennis) Z Resolution No. 21 -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 agreement with Halff Associates, Inc., for design, bid, and construction phase engineering services for the FM 1518 (Aztec Lane) Water Utility Relocation project in advance of the FM 1518 road widening project. (B.James /K.Woodlee /E.Schulze) 3 Resolution No. 21 -R -93 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas to join with the State of Texas and Political Subdivisions of the State as a Party in the Texas Opioid Settlement Agreements secured by the Office of the Attorney General and authorizing the City Manager to execute Settlement Participation Forms and establishing an effective date. (M. Browne) 4. Ordinance No. 21 -T -34 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas, authorizing a budget adjustment relating to the Aviation Heights Waterline Improvements (Phases 5, 6, & 7) construction project. Final Reading (B. James/ K. Woodlee/ J. Shortess) September 7, 2021 City Council Agenda Page 2 S, Ordinance No. 21 -T -35 - Consideration and/or action authorizing an adjustment to the fiscal year 2021 budget to provide services to Randolph JBSA. Final Reading (M. Browne /B. James /J. Walters) (. Resolution No. 21 -R -94 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas re- appointing Mr. Brian Edgington to the Board of Directors Place D -4 of the Cibolo Valley Local Government Corporation (CVLGC), and other matters in connection therewith. (C. Kelm/S. Williams /S. McClelland) "] Resolution No. 21 -R -98 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a Task Order Agreement with Kimley -Horn Associates, Inc. for an amount not to exceed $700,000.00 for the Main Street Improvement Project. (B. James /J. Nowak) g. Resolution No. 21 -R -95 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing an extension to the Management Services Agreement between the City of Schertz and the Cibolo Valley Local Government Corporation (CVLGC) for Management Services and other matters in connection therewith. (C. Kelm/ S. Williams/ S. McClelland) Discussion and Action Items 9. Ordinance No. 21 -M -40 - Consideration and /or action to approve an Ordinance by the City Council of the City of Schertz, Texas amending the City of Schertz Code of Ordinances and certain other Ordinances by amending and establishing fees for certain licenses, permits, and other services provided by the City of Schertz. First Reading (M. Browne/B. James /J. Walters) 10. Resolution No. 21 -R -86 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the renaming of Gutierrez Xeriscape Park to Gutierrez Garden Park. (B. James /L. Shrum) Public Hearings 11. Ordinance No. 21 -S -37 - Conduct a Public Hearing and Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas on a request to amend the Comprehensive Land Use Plan by changing approximately 118 acres of the Future Land Use Map from Commercial Campus land use designation to the Highway Commercial land use designation as well as amend the Language for Highway Commercial, generally located 2,500 feet east from the intersection of Hubertus Road and IH -35 frontage road, also known as Comal County Property Identification Numbers, 75290 and 75369, City of Schertz, Comal County, Texas.First Reading (B. James /L. Wood/M. Harrison) September 7, 2021 City Council Agenda Page 3 12 Ordinance No. 21 -S -36 - Conduct a Public Hearing and consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas on a request to rezone approximately 42 acres of land from General Business District (GB) and Manufacturing Light District (M -1) to General Business District -2 (GB -2) and Manufacturing Light District (M -1), generally located approximately 2,500 feet east from the intersection of Hubertus Road and IH -35, also known as Comal Property Identification Numbers 75290 and 75369, City of Schertz, Comal County, Texas. First Reading (B. James /L. Wood/M. Harrison) 13. Ordinance No. 21 -S -32 - Conduct a Public Hearing and consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas on a request to rezone approximately 1 acre of land from General Business District (GB) to Main Street Mixed Use- New Development generally located at the hard corner of Main Street and Schertz Parkway, 820/824 Main Street, also known as Guadalupe County Property Identification Number 16630, City of Schertz, Comal County, Texas. First Reading (B. James /L. Wood /M.Harrison) 14. Ordinance No. 21 -S -33 - Conduct a Public Hearing and consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas on a request to rezone approximately 0.4 acres of land from General Business District (GB) to Main Street Mixed Use- New Development generally located 250 feet east of the intersection of Main Street and Randolph Avenue, 610 Main Street, also known as Guadalupe County Property Identification Number 168552, City of Schertz, Comal County, Texas. First Reading (B. James /L. Wood/M. Harrison) 15. Ordinance No. 21 -T -38— Conduct a Public Hearing and consideration and /or action approving an Ordinance adopting a budget for the fiscal year beginning October 1, 2021, and ending September 30, 2022. First Reading (B. James /J. Walters) 16 Ordinance No. 21 -T -39 — Conduct a Public Hearing and consideration and /or action approving an Ordinance approving the appraisal roll; setting the tax rate; levying and assessing general and special ad valorem taxes for the use and support of the municipal government of the city of Schertz, Texas. First Reading (B. James /J. Walters) 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 September 7, 2021 City Council Agenda Page 4 • Recognition of actions by City employees • Recognition of actions by community volunteers Adjournment ►. 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 3RD DAY OF SEPTEMBER 2021 AT 3:30 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF , 2021. 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 Audit Committee Investment Advisory Committee Main Street Committee Councilmember Scagliola — Place 5 Cibolo Valley Local Government Corporation - Alternate Hat Baldwin Scholarship Committee Interview Committee for Boards and Commissions - Alternate Schertz - Seguin Local Government Corporation September 7, 2021 City Council Agenda Page 5 Councilmember Davis— Place 1 Councilmember Scott — Place 2 Interview Committee for Boards and Interview Committee for Boards and Commissions Commissions Schertz Animal Services Advisory Commission. Main Street Committee - Chair Schertz Housing Authority Board TIRZ II Board Councilmember Whittaker — Place 3 Councilmember Dahle — Place 4 Audit Committee Cibolo Valley Local. Government Corporation TIRZ II Board Interview Committee for Boards and Commissions TIRZ 11 Board Councilmember Heyward — Place 6 Councilmember Brown — Place 7 Animal Advisory Commission Main Street Committee Audit Committee Schertz - Seguin Local Government Corporation - Investment Advisory Committee Alternate Main Street Committee September 7, 2021 City Council Agenda Page 6 Agenda No. ei Olum City Council September 7, 2021 Meeting: Department: City Secretary Subject: Guadalupe Regional Medical Center - Prescription Assistance report. (Mayor /Council /J. Riggs/M. Ishak) On March 5, 2013, City Council approved an Interlocal. Agreement with Guadalupe Regional. Medical Center (the Hospital) relating to a prescription access program. This program offers assistance to qualified citizens of the city that enables them to purchase prescription medication at a significantly reduced price. The provision of a prescription assistance program is a public purpose and preserves and protects these qualified citizens' health and safety. The Hospital will provide prescription medications free of charge or at a low cost to citizens who qualify for assistance under the guidelines established by each drug manufacturer and as described to the City by the Hospital. The Hospital will comply with all federal, state, county, and City laws, rules, ordinances, and regulations which may affect the agreement. A written report will be provided by the Hospital to the City Council of the City on or about March 1 and September 1 of each year. This report will document that the payments made by the City have primarily benefited citizens of the City and will include such information as total number of resident patients served, number of prescriptions filled, retail dollar value of prescriptions, and sources of program funds. GOAL Continue to support the Prescription Assistance Program with Guadalupe Regional Medical Center. COMMUNITY BENEFIT The Hospital will provide prescription medications free of charge or at a low cost to citizens who qualify for assistance under the guidelines established by each drug manufacturer and as described to the City by the Hospital. SUMMARY OF RECOMMENDED ACTION Council to accept the Report Information. FISCAL IMPACT The fiscal impact to the City is $5,000 annually. This is a budgeted item. The City's contribution helps pay for the cost of administering the program. Council to accept the Report Information. Attachments August Report Exhibit A Report Information Guadalupe Regional Medical Center Prescription Assistance Program for Schertz Enrollees March 1, 2021 thru August 31, 2021 BENEFIT Total number of patients served by the program I 907 Total number of Schertz residents served by the program I 27 Total number of prescriptions provided by the program I 21271 Retail dollar value of prescriptions provided by the PAP 1 $ 5,967,696.42 Retail dollar value of prescriptions provided to Schertz residents by PAP 1 $ 156,598.65 Number of prescriptions per Schertz patient per month I 3.61 Average prescription retail price (3 month supply) per Schertz patient 1 $ 803.08 Average annual retail prescription benefit per Schertz patient 1 $ 11,599.90 SOURCES OF PROGRAM FUNDS (ANNUAL) Schertz contribution to the program 1 $ 5,000.00 Seguin contribution to the program 1 $ 5,000.00 Contributions to program by individuals 1 $ 9,758.32 Payments by patients ($15.00 /month /patient) I $ 102,378.26 Grants received for the program (United Way) 1 $ - TOTAL REVENUE $ 122,136.58 TOTAL EXPENSES $ 310,465.02 TOTAL NET $ (188,328.44) Agenda No. 1. ei Olum City Council September 7, 2021 Meeting: Department: City Secretary Minutes — Consideration and /or action regarding the approval of the minutes of Subject: the Special Budget Workshop meeting of August 6, 2021 and the minutes of the regular meeting of August 24, 2021. (B. Dennis) The City Council held a Special Budget Workshop meeting on August 6, 2021 and a Regular City Council meeting on August 24, 2021. Recommend Approval. Attachments 8 -6 -2021 Draft Min. 824 -2021 Draft Min DRAFT MINUTES REGULAR MEETING August 6, 2021 A Special Budget Workshop Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 6, 2021 at 8:30 a.m. in the Hal Baldwin Municipal Complex Council Chambers, 1.400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Present: Mayor Ralph Gutierrez; Councilmember Mark Davis; Councilmember Rosemary Scott; Councilmember Jill Whittaker; Councilmember David Scagliola; Councilmember Allison Heyward; Councilmember Tim Brown Absent: Mayor Pro -Tem Michael Dahle 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; Economic Development Director Adrian Perez; EMS Director Jason Mabbitt; City Engineer Kathy Woodlee; Public Affairs Director Linda Klepper; Human Resource Manager Lindsey Cox; Director of Parks, Recreation & Community Development Lauren Shrum; Assistant Public Works Director Scott McCleloland; Finance Director James Walters; Public Works Director Suzanne Williams Attendees: Glen Outlaw, Judith Williams, Richard Dziewit, Michele Tereletsky Call to Order (General Comments) Mayor Gutierrez called the Budget Workshop to order at 8:30 a.m. WELCOME /OVERVIEW Mayor Gutierrez recognized City Manager Dr. Mark Browne who began the meeting with a COVID update. DISCUSSION AND ACTION ITEMS Budget Prioritization Process - • Discussion and direction for prioritizing the FY2021 -22 budget, including but not limited to funding all programs needed to accomplish the City Mission and taking into consideration factors such as population growth, tax base development, large time sensitive infrastructure projects, right of way issues, staffing levels and structure, American Rescue Plan funding priorities and process, and prioritizing expanded programs that may be required in the future. (M. Browne /Executive Team) City Manager Dr. Mark Browne provided the following retreat overview topics: • ARP Update • Workforce Discussion • Parks Events Overview • FY 21/22 Budget Highlights & Discussion • Cut Line Discussion ARP Update • Based on 6/17/21 Council Workshop and the Final InterimTreasury Rule released 6/23/21, staff has made adjustments to proposal • Finance has confirmed application to TDEM for funds • Current status —waiting on delivery of funds • Receiving more money than we anticipated • Was: $9,166,792.19 • Now: $10,417,416.86 • Approx. $625K more per tranche • Recommend allocating this to water /sewer projects (FM 1518 Utility Relocates project) • ARP funds not factored into FY 21/22 budget — pending Council approval of Staff s recommendation • Staff will bring Resolution to Council • Revised Proposal for Spending Staffs spending proposal for 1st tranche - $5.21 million Category 1: Support public health expenditures § Was: $423,250 § Now: $303,000 Category 2: Address negative economic impacts caused by the public health emergency § Was: $1.4 million § Now: No Change Category 3: Replace lost public sector revenue § Was: $63,500 § Now: $525,000 (up to 1.4 million) N Category 4: Provide premium pay for essential workers § Was: $500,000 § Now: No Change Category 5: Invest in water, sewer, and broadband infrastructure § Was: $2.2 million § Now: $2.48 million Combined proposed amount: $5,208,000 Second Tranche- $5.21 million • Use entire amount in category 5 — investments in water, sewer, and broadband infrastructure • Recent approval of Water /Wastewater rate factors the commitment of this money to this category • Example projects • FM 1518 Utility Relocates (625K - "new" ARP money) • Greytown to Pfeil Loop Line Construction ($664K) • Aviation Heights Phase 8 Waterline replacements ($550K) • SCADA replacement Phases 1,2,3 ($189K total)Replace I35 Elevated Storage Tank piping ($400K) • Greenshire Drive AC Waterline Design & Construction ($3.3M) • Ware- Seguin Water Tank ($350K) • Wastewater Town. Creek Phase IV Route Study /Design/Easement ($900K) Tentative Framework for Grant Program • Communication of program • Application Process • Application. Review • Establish Review Committee • Awarding of funds Workforce Discussion Overview • High Turnover Departments • Potential COVID Impacts • Benchmark Data • Minimum Wage Analysis Discussion and recommendation • Accelerate Class & Comp Discussion and recommendation Parks Events Overview • Brief review of 4 major City events • Jubilee • Trunk or Treat 3 • Holidazzle • New Year's Eve Masquerade • Parks Schedule for FY 2021/22 & Labor Hour discussion • Comments /Direction from Council FY21/22 Proposed Budget • FY21/22 Budget Highlights • Expanded Programs Proposed to Fund • Incode Replacement • Increase Minimum Wage - $15 /hour • New Personnel. • Contracted Building /Facilities Cleaning • Fleet programs • Animal Care HVAC • Additional SPAM Funding FY2021 -22 Budget General Fund Proposed Budget $39,314,984 • Increase of $1,012,404 or 2.7 %, from FY 2020 -21 Adopted Budget, not including infrastructure funding • Non Personnel Budgets decreased 2.3% due to the falloff of business incentive payments and completion of the public safety restroom remodel • Personnel Budgets increase 5.4% to act on the Class & Comp Study, Merit, insurance, ECI, and add 3 positions Sales Tax - Franchise - Permit - Fees - Personnel - Operating - Capital Outlay Information Update General Fund • Proposed Budget assumes a 26% Fund Balance requirement • Choices made in this budget will reduce the fund balance to 26% over the next 5 years • Long Term Debt Model • For I &S Fund - 5 Year Summary • Purpose:To avoid large tax increases in the future • Design: • Model is long term in nature • Includes all current debt obligations • Takes into account the growth of the tax base • 2021 Property Values Tax Rate 11 No -New The tax rate which will generate the Revenue: same revenue Tor the city Trom property on the previous year's tax roll. Voter Approval The rate if exceeded triggers an Rate: automatic section on the tax rate. Current: The rate currently adopted by the City. Proposed Max: The maximum rate set at which the final adopted rate cannot exceed. No New Revenue: Voter Approval: Current: Proposed Max: $0.01 is equal to $406,000 revenue or $26.25 on the average home Target Tax Rate Tax Current Proposed Rate Maximum M &O $0.3470 $0.3517 For day to day operations I &S $0.1651 $0.1604 To pay the City's debt Total $0.5121 $0.5121 FY2021 -22 City Tax Rate . At $0.5146 No New Revenue Rate Existing Residents Average City Tax Bill 2020 Tax Bill = $1,252 Avg Home Value $244,500 2021 Tax Bill = $1,351 Avg Home Value $262,500 Increase = $ 99* *This represents the increase of the tax bill on the average taxable home value, including new construction • At Current Rate $0.51.21 Existing Residents Average City Tax Bill 2020 Tax Bill = $1,252 Avg Home Value $244,500 2021 Tax Bill = $1,344 Avg Home Value $262,500 Increase = 92* (decrease of $6.56)** *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 * At $0.5242 Voter Approval Rate Existing Residents Average City Tax Bill 2020 Tax Bill = $1,252 Avg Home Value $244,500 2021 Tax Bill = $1,376 Avg Home Value $262,500 Increase = $ 124* (increase of $25**) *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 Historic Tax Rates - M&O & I&S Discussion/Overview Cut Line Discussion • Personnel Funded Now (Enterprise Funds or Other Items) *Programmed with Water & Sewer Rate increase Study • Programs Funded Now (Enterprise Funds or other Items) - I El ':Move to Phase 2 of Access Controi Project —WHI be completed an 2020-21 FfscW Year *Proposed Programs/Personnel Funded at Current Rate: $051.21 6 icm��W�i�fbr NACO Water lm��MGenerator for Ray Corbett W eerTbmver Imm i W W=111"��&Wding 27 Fue� Storage El ':Move to Phase 2 of Access Controi Project —WHI be completed an 2020-21 FfscW Year *Proposed Programs/Personnel Funded at Current Rate: $051.21 6 I Total: 1,030,04740 *Council priority from pre-budget retreat • Programs/Personnel Funded at No New Revenue Rate: $0.5146 • Could fund additional $118K in recurring costs (recommend personnel in green) M VeNdes (P�, iris; Service *Council p4ority from pre-budget retreat "The requested Parks Irngation Techniclan would be covered by the Plumber Position Cut Line Discussion at Voter Approval Rate - $0.5242 • Could fund additional 500K recurring personnel (in yellow) I 1 ___1,623,265,00 *Council priority from pre-budget retreat "The requested Parks Irrigation Technician would be covered by the Plumber Position Cut Line Discussion at Voter Approval Rate - $0.5242 OR Fund additional $500,000 in one-time programs (in yellow) Totak $ 1,651,087,00 *Council priority from pre-budget retreat "The requested Parks Irrigation Technicial would be covered by the Plumber Position Cut Line Discussion - Remaining Unfunded Requests M I ToW: I $ 937,464,00 During the above discussion sections changes were made that the Volunteer Coordinator will be moved below the cut line and Plumber position moved up, allocating $1 million to the business grant program instead of $1.4, updating the minimum wage to $15.00, Contracted Building/Facilities cleaning, fleet programs, Animal Care HVAC, additional SPAM funding and Incode replacement. ADJOURNMENT Mayor Gutierrez adjourned the workshop at 12:55 p.m. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary 9 DRAFT MINUTES REGULAR MEETING August 24, 2021 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 24, 2021 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; Councilmember Rosemary Scott; Councilmember Mark Davis; Councilmember Jill Whittaker; Mayor Pro -Tem Michael Dahle; Councilmember David Scagliola; Councilmember Tim Brown Absent: Councilmember Allison. Heyward City City Manager Dr. Mark Browne; Assistant City Manager Brian James; Staff: Assistant City Manager Charles Kelm; City Attorney Daniel Santee; City Secretary Brenda Dennis; Assistant to the City Manager Sarah Gonzalez; Deputy City Secretary Sheila Edmondson Call to Order Mayor Gutierrez called the meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Brown) Mayor Gutierrez rrecognized Councilmember Brown who provided the opening prayer followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. 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) Mayor Gutierrez recognized Assitant to the City Manager Sarah Gonzalez who provided the following information: Friday, August 27th TML Region 7 Meeting Hilton Garden Inn, Live Oak 4:30 -7:30 PM Monday, September 6th Labor Day City Offices Closed Tuesday, September 7th Next regular scheduled Council Meeting. Tuesdays, September 7th through October 12th Fall 2021 Adult Cornhole League (Ages 21 and up) 6:00 - 1.0:00 PM Saturday, September 11th Paws in the Pool Pickrell Park Pool 10:00 AM — 4:00 PM Limited capacity sessions at 10 AM, 12 PM and 2 PM. Registration required on Schertz.com. $3 per human, up to 2 dogs per human. Sundays, September 12th through October 17th Fall 2021 Adult Kickball League (Ages 21 and up) 6:00 -10:00 PM Tuesday, November 2nd The City of Schertz will be holding its General Election on Tuesday, November 2, 2021, for the purpose of electing Council Members in Place 6 and Place 7 for a three -year term, from November 2021 to November 2024. Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements N 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 resident: Ms. Maggie Titterington, 1730 Schertz Parkway, Schertz, TX- provided an update on The Chamber's events: The Chamber Bowl was held on August 20th, 2021 and it was a big success. They had 187 bowlers particiapte for raising funds for the DECA program. Chamber Luncheon - Civic Leaders Luncheon on September 21, 2021 Candidates in Schertz, Cibolo, GVSUD and SCUCISD are welcome to set up a table at the luncheon. Please contact the Chamber to register for a table. Coffee with the Chamber on August 27, 2021 hosted by The Club at Garden Ridge. Please stop by for a cup of coffee. Ribbon Cutting Ceremony- September 3, 2021 -for Watchdog Elite Services. Ceremony will be held at the Chamber, located at 1730 Schertz Parkway. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. Mayor Gutierrez read Items 1 -5 into record. Mayor Pro -Tem Dahle read Items 6 -11 into record. 1. Minutes — Consideration and /or action regarding the approval of the minutes of the Regular City Council minutes of the August 10, 2021 meeting. (B. Dennis) 2. Boards, Commissions and Committees Appointments /Reappointments /Resignations - Consideration and /or action approving the appointment of Mr. Jimmy Odom as a regular member of the Planning & Zoning Commission filling the vacancy of Mr. Ken Greenwald, the appointment of Ms. Judy Goldick from Alternate #2 to Alternate #1 position, and the appoint of Mr. Richard Braud to the City Council and Planning and Zoning Comprehensive Land Plan Sub - Committee. (Mayor /Council) 3 3. Ordinance No. 21. -5 -31 - Consideration and a recommendation on a request for a Specific Use Permit to allow a convenience store with gas pumps on approximately 8.5 acres of land, more specifically described as the northwest corner of the intersection between IH -35 and Schwab Road, City of Schertz, Comal County, Texas. (B. James /L. Wood/M. Harrison) Final Reading 4. Resolution No. 21 -R -80 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the acceptance of approximately one acre of property from Schertz 1518, Ltd. per the Development Agreement for the Reinvestment Zone Number Two. (M. Browne/ B. James) 5. Resolution No. 21. -R -83 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas regarding the Schertz Parks & Recreation Master Plan 5 -Year Update needed for grant applications to the TPWD Local Park. Grants Program. (B. James /L. Shrum) 6. Resolution 21 -R -84 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing expenditures in excess of $50,000 with 4B Asphalt Paving in Fiscal Year 2020 -21 regarding an emergency road repair on Wiederstein Road at FM 3009, and other Matters In Connection Therewith. (C. Kelm/S. Williams /D. Letbetter) 7. Resolution No. 21 -R -85 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing approval of the allocation of funds for the American Rescue Plan Act of 2021, and other matters in connection therewith. (M. Browne /S. Gonzalez) 8. Resolution No. 21 -R -89 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing an additional six (6) employees to the EMS Department. (C. Kelm/J. Mabbitt) 9. Resolution No. 21 -R -90 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to renew the agreement with Arthur J Gallagher and Co to provide Health Insurance Broker Services. (M. Browne /C. Kelm/J. Kurz) 10. Resolution No. 21 -R -91- 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 in Guadalupe County between the, City of Schertz, and the City of Seguin. (C. Kelm /K. Long /G. Rodgers) 11 It. Resolution 21 -R -92 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing approval of an Escrow Agreement for the QT on Schwab Road related to construction of a sewer line. (M.Browne /B. James) Moved by Councilmember Jill Whittaker, seconded by Mayor Pro -Tem Michael Dahle To approve Consent Agenda Items 1 -11. AYE: Councilmember Rosemary Scott, Councilmember Mark Davis, Councilmember Jill Whittaker, Mayor Pro -Tem Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown Passed Discussion and Action Items 12. Ordinance No. 21 -T -34 — Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, authorizing a budget adjustment relating to the Aviation Heights Waterline Improvements (Phases 5, 6, & 7) construction project. First Reading (B. James/ K. Woodlee/ J. Shortess) Mayor Gutierrez recoginized City Engineer Jennifer Shortess. Ms. Shortess explained that the bids that came back for the Aviation Heights Waterline Improvements (Phases 5,6, &7) were more than what was originally budgeted. A budget adjustment is needed before they can award the contract. Moved by Councilmember David Scagliola, seconded by Councilmember Rosemary Scott AYE: Councilmember Rosemary Scott, Councilmember Mark Davis, Councilmember Jill Whittaker, Mayor Pro -Tem Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown Passed 13. Ordinance No. 21 -T -35 - Consideration and /or action authorizing an adjustment to the fiscal year 2021 budget to provide services to Randolph JBSA. First Reading (M. Browne /B. James /J. Walters) Mayor Gutierrez recognized EMS Director Jason Mabbit who explained that a budget adjustment is needed to hire six additional employees to provide services to Randolph JBSA. Moved by Mayor Pro -Tem. Michael Dahle, seconded by Councilmember Tim Brown AYE: Councilmember Rosemary Scott, Councilmember Mark Davis, Councilmember Jill Whittaker, Mayor Pro -Tem Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown Passed Public Hearings 14. Public Hearing on Proposed Budget for FY 2021 -22 - Conduct a public hearing and presentation regarding the adoption of the FY 2021 -22 Budget. (First required public hearing) (M. Browne /B. James /J. Walters) Mayor Gutierrez recoginized Finance Director James Walters who provided a presentation on the FY 2021 -22 Budget. (A complete copy of the FY2021 -22 Budget can be found in the City Secretary's office) FY 2021 -22 Budget Highlights included: • Expanded Programs • Financial Software Replacement • New Personnel. • Contracted Building /Facilities Cleaning • Fleet programs • Animal. Care HVAC • Additional SPAM Funding • Increase Minimum Wage General Fund Proposed Budget $39,314,984 • Increase of $1,012,404 or 2.7 %, from FY 2020 -21 Budget, not including infrastructure funding • Non Personnel Budgets decreased 2.3% due to the falloff of business incentive payments, completion of the public afety estroom remodel, and the funding of the Comprehensive Land Use Plan update • Personnel Budgets increase 5.4% to act on the Class & Comp Study, Minimum Wage update, Merit, insurance, 0.25% Cl, and add 3 positions Mayor Gutiererez opened the Public Hearing. No one spoke. Public Hearing closed. Councilmember Scott was pleased that the minimum wage increased and the compression issue was addressed. 6 15. Public Hearing on the Proposed Tax Rate - Conduct a public hearing regarding the adoption of the FY 2021 -22 Tax Rate. (First public hearing) (M. Browne /B. James /J. Walters) Mayor Gutierrez recognized Finance Director James Walters who provided a presentation on the FY 2021 -22 Tax Rate. 2021 Property Values: 2020 Taxable value $31963,694,728 2021 Equivalent Taxable Value $3,919,293,823 2021 New Taxable Development +$148,715,915 2021 Adjusted Taxable Value $4,068,009,738 Difference between Adjusted Taxable Values$104,315,010 Tax Rate: No New Revenue: $0.5146 Voter Approval: $0.5242 Current: $0.5121 Proposed Max: $0.5121 $0.01 is equal to $406,000 revenue or $26.25 on the average home Target Tax Rate: Tax RateCurrent Proposed Maximum M &O $0.3470 $0.3517 For day to day operations I &S $0.1651 $0.1604 To pay the City's debt Total $0.5121 $0.5121 Average Home Value $262,500 • Current Rate $0.5121 = $1,344 No New Revenue Rate $0.5146 = $1,351 • Voter Approval Rate $0.5242 = $1,376 Mr. Walters also provided information on the Historic Tax Rages, a 5 -Year Forecast for the General Fund, Long Term Debt Model, 5 -Year Summary- I &S Fund and a Graph of Debt Service. Mayor Gutierrez opened the Public Hearing. No one spoke. Public Hearing was closed. Ii Councilmember Whittaker asked Mr. Walters to explain the Veteran's Homestead Exemption Program. Veteran's who are 100% disabled are exempt from paying property taxes and this equates to approx 12% of taxable value lost to the city. Despite the lost revenue, Mayor Gutierrez stated it was a small price to give up for the veteran's service to our country. Councilmember Scagliola stated the staff did a great job on the budget especially during these tough times. Workshop 16. Workshop on City Merit Program - Discussion regarding the City Merit Program. (M. Browne /C. Kelm /J. Kurz) Mayor Gutierrez recognized Human Resources Director Jessica Kurz who provided a PowerPoint presentation on the City Merit Program. Reasons for Workshop /Discussion • Council interest • Staff review of current merit program & alternatives Program Objectives • Primary: Pay for performance • Secondary: Move employees through pay band Current Merit Model • Annual performance evaluations serve as basis for merit increases • Merit may be awarded in any amount between 0% - 4% using 10th% increments (new in FY 20 -21) • Merit is awarded in the form of a permanent salary increase • Employees maxed out of pay range receive merit in lump -sum form • Sworn /Certified Public Safety Personnel have a different merit program • Current Program Funding = 3% Merit allocation by department is based upon 3% of total annual salaries of eligible employees • 1.5% April — Sept (current FY) • 1.5% Oct — Mar (next FY) The following factors are the basis for awarding merit pay to employees: • The employee's performance as reported in the annual performance review. • Available merit funds • Recommendations of supervisors, as approved by City Management Pros: • Rewards high performers • Connects work to results • Provides vehicle to move employees through the pay bands • Unless maxed out, employees receive salary increase every year Cons: • Historically, just meeting minimum standards earns an employee a minimum 2% permanent salary increase so not perceived as a true merit system. • Creates morale issues • Perceived fairness issues Current Merit Model- Employee Survey: 124 Responses 1. How satisfied are you with the City's current merit program? • 1 -Very Dissatisfied to #5 -Very Satisfied • The average from the 124 Responses was: Avg. 2.66 2. What do you like most about the City's current merit program: 3. How could the City's current merit program be improved? 4. Would you prefer a COLA systerm IN LIEU OF a merit program? Cost of Living Adjustment- All employees recive the same increase (i.e. 2 %) Ms. Kurz presented Benchmark Data for ECI, COLA, and MERIT compensation from other cities: Selma, Georgetown, Cedar Park, New Braunfels, San Marcos, Seguin and Round Rock. City of Schertz was in the middle compared to all the above cities. Recommendation from Staff: • Annual performance evaluations serve as basis for merit increases • Merit is awarded in the form of a permanent salary increase • Employees maxed out of pay range receive merit in lump -sum form • Sworn/Certified Public Safety Personnel have a different merit program • Minor Changes: • Implement standardized award criteria • Dispel past practice that meeting standards automatically earns a 2% increase • Maxed out employees eligible for permanent salary increase every 3 years Ms. Kurz explained each of the Merit Options below: 9 • Maintain current merit program as is • Move to straight ATBI* program (Acorss The Board Increase) • Adopt combination program: Merit and ATBI: Options A /B /C- differen program designs Councilmembers disscussed the following concerns: • The percieved "fairness" issues that includes human performance and human behavior • The current 2% or 4% salary increase vs. the new 0 % -4% salary increase. This gives supervisors a better range to reward their employees • Standardized Award Criteria for Merit Pay • Policy Performance Programs • Merit Pay was not meant to be a permanent pay increase • Lump sum vs. percentage for Merit Pay • Compression concerns • Measuring performance: Comparing each department with unique job responsibilities Ms. Jessica Kurz will send out the raw data from the survey to the City Council to review. Roll Call Vote Confirmation Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the roll call vote confirmaiton for Agenda Items 1 -11, 12, and. 13. Closed Session Mayor Gutierrez recessed the regular meeting into Closed Session at 7:33 p.m. and read the following items into record. 17. The City Council will meet in Closed Session as permitted by section 551.071 of the Texas Government Code to confer and receive legal advice about contemplated litigation and /or a settlement offer concerning the City of Schertz Animal Adoption Center. 18. The City Council will meet in Closed Session as permitted by section 551.071 . of the Texas Government Code to confer and receive legal advice about the contemplated litigation and/or a settlement offer concerning the Opioid Litigation Settlement. 10 Reconvene into Regular Session Mayor Gutierrez reconvened back into regular session at 8:02 p.m. 17a. Take any action based on discussions held in closed session under Agenda Item 17. Moved by Mayor Gutierrez, seconded by Councilmember Brown to approve the settlement offer concerning the City of Schertz Animal Adoption Center and authorize City Manager Dr. Mark Browne to sign the agreement. AYE: Mayor Pro Tem Dahle, Councilmember Davis, Councilmember Scott, Councilmember Whittaker, Councilmemeber Scagliola, Councilmember Brown Absent: Councilmember Heyward Passed 18a. Take any action based on discussions held in closed session under Agenda Item 18. No action taken. Roll Call Vote Confirmation Mayor Gutterrez recognized City Secretary Brenda Dennis who provided the roll call vote confirmation for Item 17a. Requests and Announcements • Announcements by the City Manager. Dr. Mark Browne announced that the city has received $5.2 million from the American Rescue Plan. • 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. Councilmember Scott asked if there could a venue or forum after 5:00 p.m. to have citizens meet the candidates for running for City Council. • Announcements by Mayor and Councilmembers • City and community events attended and to be attended im • 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 Pro Tem Dahle attended the Chamber Luncheon, NEP Luncheon and the CVLGC Meeting Councilmember Whittaker atteended the Chamber Lunceeon, NEP Luncheon and the ChamberBowl. Councilmember Scagliola attened the Chamber Luncheon Adjournment Mayor Gutierrez adjourned the meeting at 8:07p.m. Ralph Gutierrez, Mayor ATTEST: Sheila Edmondson, Deputy City Secretary Agenda No. 2. ei Olum City Council September 7, 2021 Meeting: Department: Engineering Subject: Resolution No. 21 -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 agreement with Halff Associates, Inc., for design, bid, and construction phase engineering services for the FM 1518 (Aztec Lane) Water Utility Relocation project in advance of the FM 1518 road widening project. (B.James /K.Woodlee /E.Schulze) I ��4 X" -1/1110117 The Texas Department of Transportation (TxDOT), with support from the City of Schertz, is working on a project to widen the right of way and paving of FM 1518 from FM 78 to IH 10 in the City of Schertz. Before the roadway improvements enter the construction phase, most utilities (including City water and wastewater facilities) must be relocated outside of the ultimate pavement section. City Council, through Resolution 21 -R -37, authorized an agreement with Halff Associates to provide engineering design services for relocation of utilities identified during the preliminary design of the road improvements. During the course of that work, it was identified that a segment of water main along FM 78 within the FM 1518 project area needs to be rerouted from FM 78, along Aztec Lane, to tie back FM 1518. That re -route was not anticipated to be necessary earlier in the process. The relocation of City facilities that are currently within the existing TxDOT right of way are the responsibility of the City. Those facilities being relocated within the TxDOT right of way will be joint bid and constructed along with the roadway improvements and paid for by the City. If such facilities must be relocated outside the TxDOT right of way, they may not be included in a joint bid by TxDOT with the roadway construction project. Therefore, while this work is necessitated by the FM 1518 Improvement Project, but cannot be joint bid and constructed by TxDOT, the Aztec Lane water line relocation is being treated as a separate project for design and construction services to be contracted by the City. Halff Associates, Inc., one of the City's on call Engineers, is familiar with the location and operation of City utilities on FM 1518 and has experience with City utility relocation projects along TxDOT roadways and is fully equipped to provide these services to the City. GOAL The goal of Resolution 21 -R -96 is to authorize an agreement with Halff Associates to complete the required design services required to relocate water lines prior to the construction phase of TxDOT's FM 1518 road widening project. COMMUNITY BENEFIT The relocation of these lines will ensure the City utilities are provided in an alignment that allows adequate space for future maintenance. 63004104IM we] a.7 5[K1701 10 1 milli 13 9117_TU I [1701 Staff recommends approval of Resolution 21 -R -96. FISCAL IMPACT Funding of $300,000 for the engineering services will come from the $2.48 million allocated for Category 5 Infrastructure from the American Rescue Plan (ARP) Act of 2021. Funding for the construction of the utility relocations along with any easement acquisitions will be handled separately. The cost for acquisitions and construction is currently estimated to be $700,000. RECOMMENDATION Staff recommends that the City Council approve Resolution 21 -R -96, authorizing a project agreement with Halff Associates, Inc., for design, bid, and construction phase engineering services for water relocations in advance of the FM 1518 roadway widening project. Attachments Resolution 21 -R -96 Task Order Agreement 71111e1e--r� �----e RESOLUTION NO. 21 -R -96 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HALFF ASSOCIATES, INC., FOR DESIGN, BID, AND CONSTRUCTION PHASE ENGINEERING SERVICES FOR THE FM 1518 (AZTEC LANE) WATER FACILITIES RELOCATION PROJECT, IN ADVANCE OF THE TXDOT FM 1518 ROAD WIDENING PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an agreement for design, bid, and construction phase engineering services for the Aztec Lane water facilities relocation project in advance of the TxDOT FM 1518 road widening project; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Halff Associates, Inc., for the design, bid, and construction phase services as described in the Project Agreement attached hereto. (the "Agreement "). WHEREAS, the City Council authorizes expenditures with Halff Associates, Inc., for the FM 1518 (Aztec Lane) Utility Relocation project for a not to exceed amount of $300,000 for the 2021 -2022 Fiscal Year. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Halff Associates, Inc., in substantially the form set forth on Attachment 1. 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 7th day of September, 2021. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 110rxeIsiU1DI Ylid PROJECT AGREEMENT A -1 This is Task Order No. 05 consisting of _ 11 pages. Task Order In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services — Task Order Edition, dated October 17, 2019 ( "Agreement "), Owner and Engineer agree as follows: 1. Background Data a. Effective Date of Task Order: TBD b. Owner: City of Schertz C. Engineer: Halff Associates, Inc. d. FM 1518 16 -Inch Water Extension e. Specific Project (description): • Replace 6 -inch water line along Aztec Drive and extend 16 -inch water line to cross Cibolo Creek (by bore) towards Palm Park and connect to existing 18- inch water line at FM 78. Prepare and coordinate easements for proposed water line. 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order areas follows: PROJECT ASSUMPTIONS • Contract for utility relocations will be between Halff and the City of Schertz • TxDOT is currently under design for widening of FM 1518 from FM 78 to IH -10 E, which is approximately 5.58 miles, to add lanes and improvements are planned to be let for bidding in September 2022. Water line improvements will need to be completed by Summer 2022. PHASE 1— Project Management and Coordination a) Engineer will manage the design team schedule and budgets, including sub - consultants (if applicable), and maintain project records contracts in accordance with the agreement. Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 b) Engineer will prepare monthly invoices in a format acceptable to the city along with a progress report of activities accomplished during the period. c) Participate in bi- weekly coordination meetings with city staff to discuss project updates and address conflicts. Deliverables— Monthly Progress Reports, Meeting Minutes PHASE 2 — Data Collection and Review Task 1— Data Acquisition Halff will review existing record drawing and existing easement information obtained from the City including but not limited to: a) As -built records for all available City water and wastewater within the area of study. b) Existing plat and separate instrument easement documents recorded with the Schertz and Bexar Counties. c) Pending development plans with anticipated connections or easement dedications to the City of Schertz. Task 2 — Subsurface Utility Engineering and Utility Coordination a) Provide SUE quality level 'B' up for alignment along Aztec Way (700 feet) and up to three (5) SUE quality level 'A' test holes at locations of potential conflict as identified through the preliminary conflict analysis process. Consultant will provide a map of proposed test holes to the City for review and approval prior to beginning any field work. b) Perform conflict analysis with proposed improvements. Task 3 — Design Survey a) Field Survey • Research property ownership records. • Research existing plat information. • Prepare database of property owners and addresses. • Prepare right of entry letters to obtain right -of -entry permissions (if needed). • Establish and define property ownership interests. • Establish and define existing easements. • Establish and define existing right -of -way. • Establish survey control along the length of the project as needed. • A pair of survey control points will be set at each end of the project for a total of four (4) points. • Survey Control will be related to the State Plane Coordinate System, Texas Central Zone, NAD83. • Perform vertical closure on level loop. • Set benchmarks for design and construction improvements in accordance with the "Manual of Practice for Land Surveying in Texas ". Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 • Perform field survey along and 25 feet each side of the proposed alignment. • Obtain break lines and spot elevations sufficient for 1 -foot contour intervals. • Obtain line and grade on handicap ramps, crosswalks, and sidewalks. • Field tie above ground visible improvements. • Tie visible utility locations, including ties to above - ground features, such as power poles, valves, and other features (i.e. edges of pavement, curbs and gutter, sidewalks, building corners etc.) either found by our surveyors or located for us by utility companies and /or other agencies. • Provide spot elevations at center point of manhole covers and access vaults. • Provide invert elevation of manhole and elevation of pipe flowlines (if possible). • Provide location, pipe size, (if possible) and invert elevation of existing storm drain structures. • Field tie and tag existing trees 8- inches diameter and greater. • Process field collected data for field survey. • Perform quality control for survey requirements. b) Base Mapping • Prepare strip base maps illustrating data collected above from field survey. • Include property ownership and boundary information. • QA /QC all base maps. c) Prepare Digital Terrain Model: (DTM) • Extract spot elevations and break lines into DTM. • Extract and prepare triangulated irregular network into DTM. • Load 1 -foot contour information. Task 4 — Metes and Bounds Descriptions • Prepare metes & bounds descriptions and accompanying parcel exhibits for ten (10) parcels. The descriptions will be prepared in a manner acceptable for easement conveyance or other similar uses. • Set parcel corners. • Individual parcel exhibits shall be in pdf format, and shall be sealed, signed and dated by a Registered Professional Land Surveyor. Assumptions • Sufficient boundary monumentation needed to control the survey is recoverable, and in good condition. • There are no encroachments, overlaps, gores or other issues affecting the boundary lines. • There are no complex issues involving the survey contained in the title commitments, which have not been provided to us as of this date. • Halff will perform research of adequate thoroughness to support the determination of the location of intended boundaries of the land parcel surveyed and will obtain deeds of record for adjoining properties based upon current tax maps. Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 You or your title company will provide • current title commitments and copies of all instruments of record as shown on Schedules A and B of the commitments. • any subsequent right -of -way takes (recorded or contemplated), partitions, boundary agreements or other similar matters that may affect the boundaries of the subject tract that may not be reflected in the vesting deed. • Halff will rely on Schedule B for easement information. This fee does not include an abstract of the property for easement purposes. Chainsaw or machete use may be necessary for site -line clearing, and the client authorizes cutting of underbrush and small trees for this purpose. The client will provide any permission necessary for access on adjoining properties to gather topographic or boundary information that may be required. Task 5 — Easement Acquisition a) Perform acquisition services for up to nine (9) properties as follows: Property Parcel ID County Owner 1 67689 Guadalupe City of Schertz No Easement required 2 308309 Bexar Tommie C. Mangham 3 308322 Bexar Martin Chavez 4 358541 Bexar Cibolo Creek Municipal 5 358539 Bexar Bexar County 6 358538 Bexar Bexar County 7 358537 Bexar Bexar County 8 358536 Bexar Bexar County 9 358535 Bexar Bexar County 10 358533 Bexar Bexar County b) Title Services Expenses - Preliminary title commitment, updated title commitment, title curative, closing services, and title premium. This task shall be considered as expenses, will be billed at a 1.1 multiplier and will not be exceeded without prior authorization. c) Appraisal Services - Appraisal Services provided by Lowery Property Advisors. Mario Caro, MAI, AI -GRS, will prepare complete appraisal report for the parcel to be acquired utilizing TxDOT Forms No. ROW -A -5 and ROW -A -6 as applicable. These reports shall conform to City policies and procedures along with the Uniform Standards of Professional Appraisal Practices. d) Appraisal Review Services - Appraisal Review Services will be provided by HLH Appraisal Review Services. Harvey Heerssen will review appraisal report for the parcel to determine consistency of values, supporting documentation related to the conclusion reached, and compliance with City of Schertz policies and procedures and the Uniform Standards of Professional Appraisal Practices and prepare and submit to the City of Schertz the Form "Tabulation of Values," for the appraisal. e) Acquisition Services Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 25% payment milestone paid upon presentation of initial offer. 45% payment milestone paid upon presentation of acceptable payment submission with clear title or confirmation that title will be clear by receipt of warrant or issuance of final offer letter. 30% payment milestone paid upon attending closing by deed and the delivery of the completed negotiation file with signed recorded deed and the title policy to City of Schertz. In the event of closing by mail, title work must be reviewed prior to closing by mail and again prior to the recording of the instrument. a. Analyze preliminary title commitment report to determine potential title problems, propose and inform City of Schertz of methods to cure title deficiencies. This includes analysis of access easements. b. Secure title commitment updates in accordance with insurance rules and requirements for parcel payment submissions. There should not be any charges at this point, but if there are changes (such as abstractor fees) these costs must be reimbursed to Halff as pass- through costs. c. Analyze appraisal and appraisal review reports and confirm the City of Schertz's approved value prior to making offer for the parcel. d. Prepare and send the letter transmitting the Landowners' Bill of Rights by Certified Mail - Return Receipt Requested ( CMRRR). e. Prepare the initial offer letter, instruments of conveyance, and any other documents required or requested by City of Schertz on applicable City of Schertz forms. f. The written offer, appraisal report, and required brochures must be sent to the property owner or the property owner's designated representative through CMRRR. Maintain follow -up contacts and secure the necessary instruments upon acceptance of the offer for the closing. g. Maintain original signed Receipt of Appraisal, (unless property owner refuses to sign it, it will be so noted) and the unsigned CMRRR receipt for billing purposes. Respond to property owner's inquiries verbally and in writing within three business days. L Prepare a separate negotiator contact report for the parcel. Maintain parcel file of original documentation related to the purchase of the real property or property interests. Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of civil Engineers. All rights reserved. Page 5 k. Advise property owner on the Administrative Settlement process. Transmit to City of Schertz any written counteroffer from property owner including supporting documentation, and provider recommendation, with regards to Administrative Settlements in accordance with City of Schertz policies and procedures. I. Prepare final offer letter, documents of conveyance as necessary, and provide by CMRRR. ASSUMPTIONS Fees do NOT include: a. Purchase prices b. Residential move costs or replacement housing supplements. (estimate between $40,000 to $75,000 per displaced family unit) c. Business relocation move costs, search fees or re- establishment costs. (Business relocations can be as low as $40,000 generally up to $250,000) d. Relocation incidentals such as, but not limited to mortgage interest differential expenses e. Environmental Services: Ph 1 & II and Asbestos Investigations, and Remediation and Abatement f. Demolition PHASE 3 — Preliminary Design (30 %) a) Based upon the information from Phase 2, Tasks 1, 2 & 3, Halff will investigate possible design alternatives. b) Halff will include a preliminary Engineer's Opinion of Probable Construction cost for the identified conflicts and mitigation. c) Halff will present the mitigation alternatives to the City of Schertz for review and direction on how to proceed with formal utility alignment design. Deliverables —30% submittals of plans, conflict matrix and opinion of probable construction cost PHASE 4 — Utility Design — Based on direction from City as a result of Phase 3, Halff shall develop plans, specifications, and estimate (PS &E). Plans will be prepared and submitted to the City of Schertz for the 60 %, 95 %, and Bid phase submittals. The final design will consist of the following tasks and is based on the assumptions below: • Utility design will be in accordance with the following manuals and standards: • City of Schertz standards and specifications relative to water and wastewater mains • Texas Commission on Environmental Quality (TCEQ) Task 1 - 60% PS &E Documents 1. The 60% PS &E construction plan set shall consist of the following: a) Utility general notes Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 b) Demo and Removal plan c) Water plan and profile sheets d) Standard and project specific details 2. Prepare a 60% opinion of probable construction costs (OPCC) Task 2 - 95% and Bid Set PS &E Documents 1. The 95% PS &E construction plan shall consist of the following: a) Incorporate City of Schertz review comments on the 60% submittal. b) Prepare any additional sheets required that were not included in the 60% submittal phase. c) Prepare a 95% opinion of probable construction costs (OPCC) Task 3- Bid Construction Documents a) Incorporate City of Schertz review comments on the 95% submittal. b) Finalize and seal the utility improvement plans and complete bid construction document package. c) Engineer will address contractor questions during the bid process. For estimating purposes, (10) ten contractor questions are included. d) Engineer will prepare any Addenda necessary during the bid process. For estimating purposes, (1) Addenda issuance is included. Deliverables -60 %, 95 %, and bid construction submittals of plans, specifications and opinion of probable construction cost PHASE 5 — Construction Phase Services These services are intended to assist the City in administering the contract for construction, monitoring the performance of the construction Contractor, verifying that Contractor's work is in substantial compliance with the contract documents, and assisting the City in responding to the events that occur during construction. Administration Services as defined below. Task 1— Submittals Review of Shop Drawings, Samples and Submittals - Halff review and approve all submittals for the water improvements of the Contractor's shop drawings, samples and other submittals for conformance with the design concept and general agreement of the contract. Halff will log and track all shop drawings, samples and submittals. Halff shall coordinate with City of Schertz for quality control. For estimating purposes, Five (5) submittals are estimated to be reviewed. Additionally, two (2) rounds of comments and review of revised submittals are anticipated for this task. Task 2 - Requests for Information (RFI) Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of civil Engineers. All rights reserved. Page 7 Halff will review the Contractor's requests for information or clarification of the contract for construction. Halff will coordinate and issue responses to requests to Contractor. Halff will log and track the Contractor's requests. Ten (10) RFI's are assumed as part of this proposal. Task 3- Review of Contractor's Requested Changes Halff shall review all Contractor - requested changes to the contract for construction. Halff will make recommendations to City regarding the acceptability of the Contractor's request and, upon approval of the City, assist in negotiations of the requested change. Upon agreement and approval, Halff shall prepare and submit supporting change order documents and plan revisions. Task 4- Contractor Pay Application Review Halff will review each contractor pay application submitted by the contractor to the City and verify quantities installed with the onsite construction inspector. Halff will coordinate with the City project manager on any submitted pay application. Ten (10) pay application are anticipated for this task. Task 5 - Completion of Record Documents Halff shall prepare construction Record Documents based on information received from the Construction Contractor within thirty (30) days of substantial completion of construction and provide one (1) set of paper hard copy reproducible and one (1) electronic set of record drawings in .dwg and .pdf formats to the City of Schertz. These record documents are a compilation of the sealed engineering drawings for the FM 1518 16 -inch extension project , modified by addenda and change orders, and information furnished by the contractor. Information shown in the record documents provided by the contractor, or others not associated with the design engineer, cannot be verified for accuracy or completeness. ITEMS EXCLUDED FROM SCOPE OF SERVICES 1. Archeological survey and /or historic structure survey, including application for an Antiquities Permit, preparation of a historic research design, performing cultural resources reconnaissance or intensive surveys, evaluation of any resources for eligibility for listing in the NRHP, evaluation of effects on NRHP- eligible or NRHP- listed sites, or development of mitigation plans 2. USFWS and TPWD coordination /consultation 3. Field surveys for federal and state - listed threatened and endangered species. 4. Design of public and franchised utility adjustments that are not noted in the above scope 5. Analyzing or simulating water supply networks 6. Storm Water Pollution Prevention Plan (SWPPP) 7. Filing fees, permit fees, and license fees 8. Coordination with individual property owners Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 9. Construction Site visit or status meetings (City staff will perform inspection services, construction progress meetings and quality control during construction) (Halff can perform these services as supplemental services but will require scope modifications) 10. Drafting any City Council agenda items, exhibits, ordinances, resolutions or attendance of council meetings 11. Engineers certificates. The Engineer shall not be required to execute any documents subsequent to the signing of this Agreement that in any way might, in the judgment of the Engineer, increase the Engineer's risk or the availability or cost of his professional or general liability insurance Any additional services required beyond those specifically identified in this proposal are beyond the scope of services to be provided. Additional services, if requested, will be separately identified and negotiated and such additional scope and commensurate fee will be authorized under a supplemental agreement to this proposal /contract. 3. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B: 4. Task Order Schedule In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: Party Action Schedule Engineer Furnish: Halff personnel will be available 1. The consultant will submit to commence work upon five set of plans and written notice to proceed. specifications at the 30% and 60 %, and two sets of plans at the 95% and Construction Documents. Consultant will participate in submittal review meetings for each milestone. Owner 1. As Built drawings for As Coordinated public utilities within R.O.W. 2. Adjacent development plats. 3. Future projected utility layouts Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 S. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: Fee provided shall be considered lump sum for the services described in this Task Order. See attached Exhibit B for Fee Schedule. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 6. Terms and Conditions OWNER: By: Print Name: Title: Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order is to be determined Title: Public Works Team Leader Engineer License or Firm's: F -312 State of: Texas DESIGNATED REPRESENTATIVE FOR TASK ORDER: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Name: Title: Title: Address: Address: Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 Email Address: Email Address: Phone: Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 EXHIBIT B - FEE SCHEDULE 16-inch Water Extension - FM 1518 - City of Schertz Estimated Level of Effort POSITION DESCRIPTION No. Sheets Sr. Project Manager/QAQC Project Manager/ Sr. Lands Arch Mid Project Engineer Engineer EIT/ Lands Arch Sr. GIS Survey Technicia Admin Assistant Environmental Specialist Mid RPLS Manager SUE Field Manager SUEISurvey Crew 2-man SUE Test Holes (ea) SubCo sultant Fee Tot I Laborairs. Cost BILLABLE LABOR RATES $265.00 $199.00 $160.00 $115.00 $115.00 $115.00 $70.00 $190.00 $185.00 $155.00 $175.00 $3,000.00 Lump Sum PHASE I PROJECT STARTUP & MANAGEMENT & COORDINATION a) Proj ct Management and Coordination (6 month design, 6 month const) 2 6 4 3 15 $2,574.00 b)Pre re Monthly Invoices and Progress Reports (Assumes 10 Invoices) 2 5 7 $748.00 c) Project Meetings at City Office (Assumes 2) 2 2 0 4 $718.00 Total Hours 2 10 6 0 0 0 8 0 0 0 0 0 26 SUMMARY 1HOUR:LSEUB-TOTALS 2 10 6 0 0 0 8 0 0 0 0 0 26 BILLA RATE PER HOUR $265.00 $199.00 $160.00 $115.00 $115.00 $115.00 $70.00 $190.00 $185.00 $155.00 $175.00 $3,000.00 ITOTAL-PHASE1 $530.00 1 $119WOO 1 $960.00 1 $0.00 1 $0.00 1 $0.00 $560.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,040.00 PHASE2 I DATA COLLECTION AND REVIEW TASKI Data Acquisition 0 $0.00 TASK2 SUE Level 6 and 6 Level A Testholes Max 1 5 10 8 12 34 6 76 $29,590.00 TASK 3 Topographic Survey 2 40 8 80 130 $20,610.00 TASK4 Metes and Bounds 5 140 20 20 185 $24,625.00 TASK5 Easement Acquisiton Services a)Negotlafio Services (3 parcels@ $10,000 and 6 parcels @ $6,000) $66,000,00 $66,000.00 b) Title Commitment and Closing Fees (Expenses Estimate) $15,000,00 0 $15,000.00 10) Appraisal Services and Appraisal Reviews (By Subconsultants) $29,000.00 0 $29,000.00 Total Hours 8 5 10 1 0 0 188 0 0 1 28 12 134 6 1 391 SUMMARY 1HOUR: SUB-TOTALS 8 1 5 1 10 1 0 1 0 1 188 1 0 0 1 28 1 12 1 134 1 6 1 391 1 SILLA LE RATE PER HOUR $265.00 1 $199.00 1 $160.00 1 $115.00 1 $115.00 1 $115.00 1 $70.00 1 $190.00 1 $185.00 1 $155.00 1 $175.00 1 $3,000.00 1 1 - ITOTAL-PHASE2 1 1 $2,1120�00 1 $995.00 1 $1,13KOO 1 $0.00 1 $0.00 1 $21,620.00 1 $0.00 1 $0.00 1 $5,180.00 1 $1,860.00 1 $23,450,00 1 $18,000,00 1 $110,000,00 $184,825.00 PHASE3 PRELIMINARY DESIGN (30%) a) Preliminary Alignment 10 Permiting Identification (floodplain, ROW) 0.5 1 2 8 12 $1,571,50 Prepare SUE Pothole Plan 1 4 5 $839,00 ROW and Easement Review 0�5 2 4 4 11 $1,630.50 Prepare 2 Water Alternative Alignments and Schematic Design 1 4 8 32 45 $6,021,00 b) OPCC 1 2 8 11 $1,439,00 C) Prepare preliminary design submittal 1 4 4 9 $1,299,00 1 Schematic Design Review Meeting 2 2 4 $718,00 Total Hours 1 2 12 26 1 56 0 0 0 1 0 0 0 1 0 1 0 1 96 SUMMARY I HOURS SUB-TOTALS 2 12 26 1 56 0 0 0 1 0 0 0 1 0 1 0 1 96 - 1BILLABLE RATE PER HOUR $265.00 $199.00 $160.00 $115.00 1 $115.00 1 $115.00 1 $70.00 $190.00 1 $185.00 1 $155.00 $175.00 $3,000.00 �DTAL.p HASE3 $530.00 $2,388.00 $4,160.00 $6,440.00 1 $0.00 1 $0.00 1 $0.00 $0.00 1 $0.00 1 $0.00 $0.00 $0.00 1 $0.00 1 $13,518.00 FM 1518 - City of Schertz EXHIBIT B - FEE SCHEDULE 16-inch Water Extension - FM 1518 - City of Schertz Estimated Level of Effort POSITION DESCRIPTION No. Sheets Sr. Project Manager/QAQC Project Manager/ Sr. Lands Arch Mid Project Engineer Engineer EIT/ Lands Arch Sr. GIS Survey Technicia Admin Assistant Environmental Specialist Mid RPLS Manager SUE Field Manager SUEISurvey Crew 2-man SUE Test Holes (ea) SubCo sultant Fee Tot I Laborairs. Cost BILLABLE LABOR RATES $265.00 $199.00 $160.00 $115.00 $115.00 $115.00 $70.00 $190.00 $185.00 $155.00 $175.00 $3,000.00 Lump Sum PHASE4 UTILITY DESIGN TASK 1 160% PS&E 14 Prepare Removal Plan 1 2 4 7 $97HO 2 8 20 40 70 $9,922.00 2 4 8 15 $2,090.50 -5 2 2 8 $1,178.00 2 2 4 $71HO 2 2 4 9 $1,310.50 QAQC 2 2 4 $92800 Prepare 60% Submittal Package complete, sets) 1 2 4 2 9 $1,11HO 3 3 6 $1,077.00 TASK2 05% PS&E - 18 - 1 2 4 8 $1,111 �50 Finalize Removal Plan 1 2 4 7 $97HO Finalize We 1 4 10 20 35 $4,961.00 Finalize Water Details 1 2 4 4 11 $1,76100 2 4 6 $1,038.00 Finalize Technical 8 cifications 0,5 1 2 4 8 $1,111.50 015 1 2 4 8 $1,111.50 QAQC 4 1 5 $1,25HO 1 2 4 2 10 $1,251.50 1 1 2 2 6 $1,014.00 TASK3 Bid Construction Documents 18 Address 95% Comments and Resubmit Pac Lage (2 complete sqs H 2 2 4 9 $1,310.50 Prepare Seated Plans and Specifications 0.5 1 1 2 5 $721,50 Prepare Final Engineers OPCC 1 2 4 7 $979,00 Prepare 100% submittal (two (2) sets of contract documents) 0�5 2 4 2 1 10 $1,470.50 Attend the Pre-Bid Conference 1 1 2 $464,00 Review and respond to RFls during Bidding (5 max) 0,5 2 3 $419,50 Prepare & issue addenda to Bidders (I max) 1 2 4 7 $1,303.00 Review bid tabulation 1 1 2 2 1 1 1 1 1 5 $749,00 Prepare Seated Plans and Specifications with Addendums 1 1 2 4 8 $1,244.00 Total Hours 19 1 50 86 128 0 1 0 1 5 1 0 1 0 1 0 0 0 297 SUMMARY HOURS SUB-TOTALS 18,5 49,5 86 128 0 0 5 0 0 0 287 1BILLABLE RATE PER HOUR $265.00 $199.00 $160.00 $115,00 $115,00 $115,00 1 $70.00 $190.00 1 $185.00 1 $155.00 $175.00 $3,000.00 r0TAL. PHASE 4 $4,902.50 $9,850.50 $13,760.00 $14,720.00 1 $0.00 1 $0.00 1 $350.00 $0.00 1 $0.00 1 $0.00 $0.00 $0.00 1 $0.00 1 $43,583.00 FM 1518 - City of Schertz EXHIBIT B - FEE SCHEDULE 16-inch Water Extension - FM 1518 - City of Schertz Estimated Level of Effort POSITION DESCRIPTION No. Sheets Sr. Project Manager/QAQC Project Manager/ Sr. Lands Arch Mid Project Engineer Engineer EIT/ Lands Arch Sr. GIS Survey Technicia Admin Assistant Environmental Specialist Mid RPLS Manager SUE Field Manager SUEISurvey Crew 2-man SUE Test Holes (ea) SubCo sultant Fee Tot I Laborairs. Cost BILLABLE LABOR RATES $265.00 $199.00 $160.00 $115.00 $115.00 $115.00 $70.00 $190.00 $185.00 $155.00 $175.00 $3,000.00 Lump Sum PHASE5 -�-ONSTRUCTIO N PHASE SERVICES TASK I Submittals 2 4 8 14 $1,958.00 TASK 2 RAs ( max) 1 2 4 8 15 $2,223.00 TASK 3 Review of Contractors Requested Changes (2 max) 4 8 12 $1,560.00 TASK 4 Review of Contractors Pay Application 2 4 6 $1,038.00 TASK 5 Record Documents 2 8 16 26 $3,518.00 Total Hoursl 1 1 i 8 i 24 i 40 1 0 1 0 1 0 1 0 0 1 0 1 0 1 0 1 1 73 SUMMARY HOURS SUB-TOTALS 1 1 8 1 24 1 40 1 0 1 0 1 0 1 0 0 1 0 1 0 1 0 1 1 73 1 !BILLABLE RATE PER HOUR $265.00 $199.00 $160.00 $115.00 $115.00 1 $115.00 1 $70.00 $190.00 $185.00 1 $155.00 $175.00 $3,000.00 �OTAL.p HASE5 $265.00 $1,592.00 $3,840.00 $4,600.00 $0.00 $0.00 1 $0.00 $0.00 $0.00 1 $0.00 $0.00 $0.00 1 $0.00 1 1 $10,297.00 TOTAL PROJECT SUMMARY I HOURS SUB-TOTALS 375-- 84.5 152 224 0 111 13 0 21 12 134 1 873 $256,263.00 !BILLABL� RATE PER HOUR $265.00 $199.00 $160.00 $115.00 $115.00 1 $115.00 1 $70.00 $190.00 $185.00 1 $155.00 $175.00 $3,000.00 873 �OTAL �R OJECT SUMMARY $8,347.50 $16,815.50 $24,320.00 $25,760.00 $0.00 1 $21,620.00 1 $910.00 1 $0.00 1 $5,180.00 1 $1,860.00 $23,450.00 $18,000.00 $110,000.00 1 1 $256, FM 1518 - City of Schertz Agenda No. 3. I M40111LIM I ELVA I 010A Lei Olum City Council September 7, 2021 Meeting: Department: City Secretary Subject: Resolution No. 21-R-93 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas to join with the State of Texas and Political Subdivisions of the State as a Party in the Texas Opioid Settlement Agreements secured by the Office of the Attorney General and authorizing the City Manager to execute Settlement Participation Forms and establishing an effective date. (M. Browne) I I YXIG X" ZEIG 0 011 The people of the State of Texas and its communities, including Schertz, have been harmed through the national and statewide epidemic caused by the sale, use and distribution of opioids within the State of Texas. The City of Schertz; has been provided information indicating that certain drug companies and their corporate affiliates, parents, subsidiaries, and such other defendants as may be added to the litigation (collectively, "Defendants") have engaged in fraudulent and reckless marketing as well as fraudulent distribution of opioids that have resulted in addictions and overdoses. These actions, conduct and misconduct have resulted in the death of many Texans and has resulted in the devastation of families and communities across the State. Local governments have been on the front lines of the opioid crisis, which has resulted in significant financial costs to them related to the expenditures and continuing costs for healthcare services, social services, law enforcement and the criminal justice systems. On May 13, 2020, the State of Texas, through the Office of the Attorney General, and a negotiation group for Texas political subdivisions entered into an agreement entitled Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet (hereafter, the Texas Term Sheet) approving the allocation of any and all opioid settlement funds within the State of Texas. GOAL The Special Counsel/City Attorney and the State of Texas have recommended that the City Council of the City of Schertz, Texas support the adoption and approval of the Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet (hereafter, the Texas Tenn Sheet). By participating in the 'Texas Term Sheet', the State of Texas' opportunity to maximize its share of opioid settlement funds will increase and will provide a method to ensure that needed resources reach communities once all negotiations are finalized. COMMUNITY BENEFIT The City Council finds and determines that it is in the best interest of the health, safety, and welfare of the City to participate in the Texas Term Sheet by authorizing the City Manager to execute the Settlement Participation Forms that are required and establish an effective date. Staff recommends approval of Resolution 21-R-93. FISCAL IMPACT The monetary settlement due to the City of Schertz for the fraudulent and reckless marketing, as well as fraudulent distribution of opioids that have resulted in addictions and overdoses that the City of Schertz's Public Safety Departments have responded to will help reimburse the city for some of the costs of those service calls. Staff recommends that the City Council approve Resolution 21-R-93 which allows the City of Schertz to join the State of Texas and Political Subdivisions of the State as a Party in the Texas Opioid Settlement Agreements that were secured by the State Attorney General; and authorizing the City Manager to execute Settlement Participation Forms and establish an effective date. Attachments Resolution 2 1 -R-93 Exhibit A Exhibit B RESOLUTION NO. 21 -R -93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS JOINING WITH THE STATE OF TEXAS AND POLITICAL SUBDIVISIONS OF THE STATE AS A PARTY IN THE TEXAS OPIOID SETTLEMENT AGREEMENTS SECURED BY THE OFFICE OF THE ATTORNEY GENERAL; AUTHORIZING THE CITY MANAGER TO EXECUTE SETTLEMENT PARTICIPATION FORMS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Schertz, Texas is a Home Rule Type Municipality formed and organized pursuant to the constitution and laws of the State of Texas; and WHEREAS, the people of the State of Texas and its communities, including Schertz, have been harmed through the national and statewide epidemic caused by the sale, use and distribution of opioids within the State of Texas; and WHEREAS, the City has been provided information indicating that certain drug companies and their corporate affiliates, parents, subsidiaries, and such other defendants as may be added to the litigation (collectively, "Defendants ") have engaged in fraudulent and reckless marketing as well as fraudulent distribution of opioids that have resulted in addictions and overdoses; and WHEREAS, these actions, conduct and misconduct have resulted in the death of many Texans and has resulted in the devastation of families and communities across the State; and WHEREAS, local governments have been on the front lines of the opioid crisis, which has resulted in significant financial costs to them related to the expenditures and continuing costs for healthcare services, social services, law enforcement and the criminal justice systems; and WHEREAS, on May 1.3, 2020, the State of Texas, through the Office of the Attorney General, and a negotiation group for Texas political subdivisions entered into an agreement entitled Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet (hereafter, the Texas Term Sheet) approving the allocation of any and all opioid settlement funds within the State of Texas. The Texas Term Sheet is attached hereto as Exhibit "A" and incorporated for all purposes; and WHEREAS, Special Counsel/City Attorney and the State of Texas have recommended that the City Council of the City of Schertz, Texas support the adoption and approval of the Texas Term Sheet in its entirety; and WHEREAS, participating in the Texas Term Sheet increases the State of Texas' opportunity to maximize its share of opioid settlement funds and will provide a method to ensure that needed resources reach communities once all negotiations are finalized; and WHEREAS, the City Council finds and determines that it is in the best interest of the health, safety, and welfare of the City to participate in the Texas Term Sheet. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 1 SCHERTZ, TEXAS, THAT: Section 1. The City Council hereby authorizes the City Manager]to execute the Subdivision Settlement Participation Form, attached hereto as Exhibit `B" in accordance with the provisions set forth in the attached exhibit "A ", and incorporated herein for all purposes and further authorizes the City Manager to take any additional actions necessary to implement the intent of this Resolution. 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 part of the judgment and finding 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 APPROVED on this 7th day of September 2021. ATTEST: Brenda Dennis, City Secretary Ralph Gutierrez, Mayor N APPROVED AS TO FORM: Denton Navarro Rocha Bernal & Zech, P.C. EXHIBIT A TEXAS OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET EXHIBIT B SUBDIVISION SETTLEMENT PARTICIPATION FORM TEXAS OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET WHEREAS, the people of the State of Texas and its communities have been harmed through the National and Statewide epidemic caused by licit and illicit opioid use and distribution within the State of Texas; and now, WHEREAS, the State of Texas, though its elected representatives and counsel, including the Honorable Ken Paxton, Attorney General of the State of Texas, and certain Political Subdivisions, through their elected representatives and counsel, are separately engaged in litigation seeking to hold those entities in the supply chain accountable for the damage caused; and now, WHEREAS, the State of Texas, through its Attorney General and its Political Subdivisions, share a common desire to abate and alleviate the impacts of the epidemic throughout the State of Texas; and now, THEREFORE, the State of Texas and its Political Subdivisions, subject to completing formal documents effectuating the Parties' agreements, enter into this State of Texas and Texas Political Subdivisions' Opioid Abatement Fund Council and Settlement Allocation Term Sheet (Texas Term Sheet) relating to the allocation . and use of the proceeds of any Settlements as described. A. Definitions As used in this Texas Term Sheet: 1 1. "The State" shall mean the State of Texas acting through its Attorney General. 2. "Political Subdivision(s)" shall mean any Texas municipality and county. 3. "The Parties" shall mean the State of Texas, the Political Subdivisions, and the Plaintiffs' Steering Committee and Liaison Counsel (PSC) in the Texas Opioid MDL, In Re: Texas Opioid Litigation, MDL No. 2018 - 63587, in the 152d District Court of Harris County, Texas. 4. "Litigating Political Subdivision" means a Political Subdivision that filed suit in the state courts of the State of Texas prior to the Execution Date of this Agreement, whether or not such case was transferred to Texas Opioid MDL, or removed to federal court. 5. "National Fund" shall mean any national fund established for the benefit of the Texas Political Subdivisions. In no event shall any National Fund be used to create federal jurisdiction, equitable or otherwise, over the Texas Political Subdivisions or those similarly situated state -court litigants who are included in the state coalition, nor shall the National Fund require participating in a class action or signing a participation agreement as part of the criteria for participating in the National Fund. 6. "Negotiating Committee" shall mean a three - member group comprising four representatives for each of (1) the State; (2) the PSC; and (3) Texas' 2 Political Subdivisions (collectively, "Members "). The State shall be represented by the Texas Attorney General or his designees. The PSC shall be represented by attorneys Mikal Watts, Jeffrey Simon, Dara Hegar, Dan Downey, or their designees. Texas' Political Subdivisions shall be represented by Clay Jenkins (Dallas County Judge), Terrence O'Rourke (Special Assistant County Attorney, Harris County), Nelson Wolff (Bexar County Judge), and Nathaniel. Moran (Smith County Judge) or their designees. 7. "Settlement" shall mean the negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant that includes the State and Political Subdivisions. 8. "Opioid Funds" shall mean monetary amounts obtained through a Settlement as defined in this Texas Term Sheet. 8. "Approved Purpose(s)" shall mean those uses identified in Exhibit A hereto. 9. "Pharmaceutical Supply Chain" shall mean the process and channels through which opioids or opioids products are manufactured, marketed, promoted, distributed, or dispensed. 3 10. "Pharmaceutical Supply Chain Participant" shall mean any entity that engages in or has engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic. 11. "Texas Opioid Council" shall mean the Council described in Exhibit A hereto, which has the purpose of ensuring the funds recovered by Texas (through the joint actions of the Attorney General and the Texas Political Subdivisions) are allocated fairly and spent to remediate the opioid crisis in Texas, using efficient and cost - effective methods that are directed to the hardest hit regions in Texas while also ensuring that all Texans benefit from prevention and recovery efforts. B. Allocation of Settlement Proceeds 1. All Opioid Funds distributed in Texas shall be divided with 15% going to Political Subdivisions ( "Subdivision Share "), 70% to the Texas Opioid Abatement Fund through the Texas Opioid Council (Texas Abatement Fund Share) identified and described on Exhibits A and C hereto, and 15% to the Office of the Texas Attorney General as Counsel for the State of Texas ( "State Share "). Out of the Texas Opioid Abatement Fund, reasonable expenses up to 1% shall be paid to the Texas Comptroller for the administration of the Texas Opioid Council pursuant to the Opioid 2 Abatement Fund (Texas Settlement) Opioid Council Agreement, Exhibit A hereto. 2. The Subdivisions Share shall be allocated in accordance with the division of proceeds on Exhibit B hereto. 3. The Texas Abatement Fund Share shall be allocated to the Opioid Council to be apportioned in accordance with the guidelines of Exhibit A, and Exhibit C hereto. 4. In the event a Subdivision merges, dissolves, or ceases to exist, the allocation percentage for that Subdivision shall be redistributed as directed by the settlement document, and if not specified, equitably based on the composition of the successor Subdivision. If a Subdivision for any reason is excluded from a specific settlement, the allocation percentage for that Subdivision shall be redistributed as directed by the settlement document, and if not specified, equitably among the participating Subdivisions. 5. Funds obtained from parties unrelated to the Litigation, via grant, bequest, gift or the like, separate and distinct from the Litigation, may be directed to the Texas Opioid Council and disbursed as set forth below. 6. The Subdivision share shall be initially deposited and paid in cash directly to the Subdivision under the authority and guidance of the Texas MDL Court, who shall direct any Settlement funds to be held in trust in a 5 segregated account to benefit the Subdivisions and to be promptly distributed as set forth herein and in accordance with Exhibit B. 7. Nothing in this Texas Term Sheet should alter or change any Subdivision's rights to pursue its own claim. Rather, the intent of this Texas Term Sheet is to join all parties to disburse settlement proceeds from one or more defendants to all parties participating in that settlement within Texas. 8. Opioid Funds from the Texas Abatement Fund Share shall be directed to the Texas Opioid Council and used in accordance with the guidelines as set out on Exhibit A hereto, and the Texas Abatement Fund Share shall be distributed to the Texas Opioid Council under the authority and guidance of the Texas MDL Court, consistent with Exhibits A and C, and the by- laws of the Texas Opioid Council documents and disbursed as set forth therein, including without limitation all abatement funds and the 1% holdback for expenses. 9. The State of Texas and the Political Subdivisions understand and acknowledge that additional steps may need to be undertaken to assist the Texas Opioid Council in its mission, at a predictable level of funding, regardless of external factors. C. Payment of Counsel and Litigation Expenses 9 1. Any Master Settlement Agreement settlement will govern the payment of fees and litigation expenses to the Parties. The Parties agree to direct control of any Texas Political Subdivision fees and expenses to the "Texas Opioid Fee and Expense Fund," which shall be allocated and distributed by the Texas MDL Court, In re: Texas Opioid Litigation, MDL No. 2018- 63587, in the 152nd District Court of Harris County, Texas, and with the intent to compensate all counsel for Texas Political Subdivisions who have not chosen to otherwise seek compensation for fees and expenses from any federal MDL common benefit fund. 2. The Parties agree that no portion of the State of Texas 15% allocation share from any settlement shall be administered through the National Fund, the Texas MDL Court, or Texas Opioid Fee and Expense Fund, but shall be directed for payment to the State of Texas by the State of Texas. 3. The State of Texas and the Texas Political Subdivisions, and their respective attorneys, agree that all fees — whether contingent, hourly, fixed or otherwise — owed by the Texas Political Subdivisions shall be paid out of the National Fund or as otherwise provided for herein to the Texas Opioid Fee and Expense Fund to be distributed by the 152nd District Court of Harris County, Texas pursuant to its past and future orders. 4. From any opioid - related settlements with McKesson, Cardinal Health, ABDC, and Johnson & Johnson, and for any future opioid- related settlements negotiated, in whole or in part, by the Negotiating Committee with any other Pharmaceutical Supply Chain Participant, the funds to be deposited in the Texas Opioid Fee and Expense Fund shall be 9.3925% of the combined Texas Political Subdivision and Texas Abatement Fund portions of each payment (annual or otherwise) to the State of Texas for that settlement, plus expenses from the National Fund, and shall be sought by Texas Political Subdivision Counsel initially through the National. Fund. The Texas Political Subdivisions' percentage share of fees and expenses from the National Fund shall be directed to the Texas Opioid Fee and Expense Fund in the Texas MDL, as soon as is practical, for allocation and distribution in accordance with the guidelines herein. S. If the National. Fund share to the Texas Political Subdivisions is insufficient to cover the guaranteed 9.3925 %, plus expenses from the National Fund, per subsection 4, immediately supra, or if payment from the National Fund is not received within 12 months after the date the first payment is made by the Defendants pursuant to the settlement, then the Texas Political Subdivisions shall recover up to 12.5% of the Texas Political Subdivision Share to make up any difference. 6. If the National Fund and the Texas Political Subdivision share are insufficient to cover the guaranteed 9.3925 %, plus expenses from the National Fund, or if payment from the National Fund is not received within 12 months after the date the first payment is made by the Defendants pursuant to the settlement, then the Texas Political Subdivisions shall recover up to 8.75% of the Abatement Fund Share to make up any difference. In no event shall the Texas Political Subdivision share exceed 9.3925% of the combined Texas Political Subdivision and Texas Abatement Fund portions of any settlement, plus expenses from the National Fund. In the event that any payment is received from the National Fund such that the total amount in fees and expenses exceeds 9.3925 %, the Texas Political Subdivisions shall return any amounts received greater than 9.3925% of the combined Texas Political Subdivision and Texas Abatement Fund portions to those respective Funds. 9 7. For each settlement utilizing a National Fund, the Texas Political Subdivisions need only make one attempt at seeking fees and expenses there. 8. The total amount of the Texas Opioid Fee and Expense Fund shall be reduced proportionally, according to the agreed upon allocation of the Texas Subdivision Fund, for any Texas litigating Political Subdivision that (1) fails to enter the settlement; and (2) was filed in Texas state court, and was transferred to the Texas MDL (or removed before or during transfer to the Texas MDL) as of the execution date of this Agreement. D. The Texas Opioid Council and Texas Abatement Fund The Texas Opioid Council and Texas Abatement Fund is described in detail at Exhibit A, incorporated herein by reference. E. Settlement Negotiations 1. The State and Negotiating Committee agree to inform each other in advance of any negotiations relating to a Texas -only settlement with a Pharmaceutical Supply Chain Participant that includes both the State and its Political Subdivisions and shall provide each other the opportunity to participate in all such negotiations. Any Texas -only Settlement agreed to with the State and Negotiating Committee shall be subject to the approval 10 of a majority of litigating Political Subdivisions. The Parties further agree to keep each other reasonably informed of all other global settlement negotiations with Pharmaceutical Supply Chain Participants and to include the Negotiating Committee or designees. Neither this provision, nor any other, shall be construed to state or imply that either the State or the Negotiating Committee is unauthorized to engage in settlement negotiations with Pharmaceutical. Supply Chain Participants without prior consent or contemporaneous participation of the other, or that either party is entitled to participate as an active or direct participant in settlement negotiations with the other. Rather, while the State's and Negotiation Committee's efforts to achieve worthwhile settlements are to be collaborative, incremental stages need not be so. 2. Any Master Settlement Agreement (MSA) shall be subject to the approval and jurisdiction of the Texas MDL Court. 3. As this is a Texas - specific effort, the Committee shall be Chaired by the Attorney General. However, the Attorney General, or his designees, shall endeavor to coordinate any publicity or other efforts to speak publicly with the other Committee Members. 4. The State of Texas, the Texas MDL Plaintiff's Steering Committee representatives, or the Political Subdivision representatives may withdraw 11 from coordinated Settlement discussions detailed in this Section upon 10 business days' written notice to the remaining Committee Members and counsel for any affected Pharmaceutical Supply Chain Participant. The withdrawal of any Member releases the remaining Committee Members from the restrictions and obligations in this Section. 5. The obligations in this Section shall not affect any Party's right to proceed with trial or, within 30 days of the date upon which a trial involving that Party's claims against a specific Pharmaceutical Supply Chain Participant is scheduled to begin, reach a case specific resolution with that particular Pharmaceutical Supply Chain. Participant. F. Amendments The Parties agree to make such amendments as necessary to implement the intent of this agreement. Acknowledgment of Agreement We, the undersigned, have participated in the drafting of the above Texas Term Sheet, including consideration based on comments solicited from Political Subdivisions. This document has been collaboratively drafted to maintain all individual claims while allowing the State and its Political Subdivisions to cooperate in exploring all possible means of resolution. Nothing in this agreement binds any party to any specific outcome. Any resolution under this document will require 12 acceptance by the State of Texas and a majority of the Litigating Political Subdivisions. We, the undersigned, hereby accept the STATE OF TEXAS AND TEXAS POLITICAL SUBDIVISIONS' OPIOID ABATEMENT FUND COUNCIL AND SETTLEMENT ALLOCATION TERM SHEET. We understand that the purpose of this Texas Term Sheet is to permit collaboration between the State of Texas and Political Subdivisions to explore and potentially effectuate earlier resolution of the Opioid Litigation against Pharmaceutical Supply Chain Participants. We also understand that an additional purpose is to create an effective means of distributing any potential settlement funds obtained under this Texas Term Sheet between the State of Texas and Political Subdivisions in a manner and means that would promote an effective and meaningful use of the funds in abating the opioid epidemic throughout Texas. 13 Executed this day of May, 2020. FOR THE STATE XAS: KENNETH , ATTORNEYGENERAL FOR THE SUBDI"SIONS AND TEXAS MDL PSC: 9w%d*l__ ___ ___' MEKAL WATTS WATTS U, IAZ'4'1 JE#ftkY ZS46N El LAN. AW PC DAN OWNEY, PC :sas t iSt �tyij�t� y f { ' tt� b yy� r } r * IT El r44LUINs IWIL'Aill Opioid Abatement Fund (Texas) Settlement Opioid Council As part of the settlement agreement and upon its execution, the parties will form the Texas Opioid Council (Council) to establish the framework that ensures the funds recovered by Texas (through the joint actions of the Attorney General and the state's political subdivisions) are allocated fairly and spent to remediate the opioid crisis in Texas, using efficient and cost - effective methods that are directed to the hardest hit regions in Texas while also ensuring that all Texans benefit from prevention and recovery efforts. I. Structure The Council will be responsible for the processes and procedures governing the spending of the funds held in the Texas Abatement Fund, which will be approximately 70% of all funds obtained through settlement and/or litigation of the claims asserted by the State and its subdivisions in the investigations and litigation related to the manufacturing, marketing, distribution, and sale of opioids and related pharmaceuticals. Money paid into the abatement fund will be held by an independent administrator, who shall be responsible for the ministerial task of releasing funds solely as authorized below by the Council, and accounting for all payments to and from the fund. The Council will be formed when a court of competent jurisdiction enters an order settling the matter, including any order of a bankruptcy court. The Council's members must be appointed within sixty (60) days of the date the order is entered. The Council shall be comprised of the following thirteen (13) members: 1. Statewide Members. Six members appointed by the Governor and Attorney General to represent the State's interest in opioid abatement. The statewide members are appointed as follows: a. The Governor shall appoint three (3) members who are licensed health professionals with significant experience in opioid interventions; b. The Attorney General shall appoint three (3) members who are licensed professionals with significant experience in opioid incidences; and c. The Governor will appoint the Chair of the Council as a non - voting member. The Chair may only cast a vote in the event there is a tie of the membership. 2. Regional Members. Six (6) members appointed by the State's political subdivisions to represent their designated Texas Health and Human Services Commission "HHSC" Regional Healthcare 1 Partnership (Regions) to ensure dedicated regional, urban, and rural representation on the Council. The regional appointees must be from either academia or the medical profession with significant experience in opioid interventions. The regional members are appointed as follows: a. One member representing Regions 9 and 10 (Dallas Ft- Worth); b. One member representing Region 3 (Houston); c. One member representing Regions 11, 12, 13, 14, 15, 19 (West Texas); d. One member representing Regions 6, 7, 8, 16 (Austin -San Antonio); e. One member representing Regions 1, 2, 17, 18 (East Texas); and f. One member representing Regions 4, 5, 20 (South Texas). II'm All members of the Council are appointed to serve staggered two -year terms, with the terms of members expiring February 1 of each year. A member may serve no more than two consecutive terms, for a total of four consecutive years. For the first term, four (4) members (two (2) statewide and two (2) for the subdivisions) will serve a three -year term. A vacancy on the Council shall be filled for the unexpired term in the same manner as the original appointment. The Governor will appoint the Chair of the Council who will not vote on Council business unless there is a tie vote, and the subdivisions will appoint a Vice -Chair voting member from one of the regional members. F4 N • - 1Me MI 1. Administration The Council is attached administratively to the Comptroller. The Council is an independent, quasi - governmental agency because it is responsible for the statewide distribution of the abatement settlement funds. The Council is exempt from the following statutes: a. Chapter 316 of the Government Code (Appropriations); b. Chapter 322 of the Government Code (Legislative Budget Board); c. Chapter 325 of the Government Code (Sunset); d. Chapter 783 of the Government Code (Uniform Grants and Contract Management); e. Chapter 2001 of the Government Code (Administrative Procedure); f. Chapter 2052 of the Government Code (State Agency Reports and Publications); g. Chapter 2261 of the Government Code (State Contracting Standards and Oversight); h. Chapter 2262 of the Government Code (Statewide Contract Management); 2 i. Chapter 262 of the Local Government Code (Purchasing and Contracting Authority of Counties); and j. Chapter 271 of the Local Government Code (Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments). 2. Transparency The Council will abide by state laws relating to open meetings and public information, including Chapters 551 and 552 of the Texas Government Code. i. The Council shall hold at least four regular meetings each year. The Council may hold additional meetings on the request of the Chair or on the written request of three members of the council. All meetings shall be open to the public, and public notice of meetings shall be given as required by state law. ii. The Council may convene in a closed, non - public meeting: a. If the Commission must discuss: 1. Negotiation of contract awards; and 2. Matters specifically exempted from disclosure by federal and state statutes. b. All minutes and documents of a closed meeting shall remain under seal, subject to release only order of a court of competent jurisdiction. 3. Authority The Council does not have rulemaking authority. The terms of each Judgment, Master Settlement Agreement, or any Bankruptcy Settlement for Texas control the authority of the Council and the Council may not stray outside the bounds of the authority and power vested by such settlements. Should the Council require legal assistance in determining their authority, the Council may direct the executive director to seek legal advice from the Attorney General to clarify the issue. The independent administrator will set aside up to one (1) percent of the settlement funds for the administration of the Council for reasonable costs and expenses of operating the foregoing duties, including educational activities. 1. Executive Director The Comptroller will employ the executive director of the Council and other personnel as necessary to administer the duties of the Council and carry out the functions of the Council. The executive director must have at least 10 years of experience in government or public administration and is classified as a Director V/1330 under the State Auditor's State Classification. The Comptroller will pay the salaries of the Council employees from the 3 one (1) percent of the settlement funds set aside for the administration of the Council. The Comptroller will request funds from the Texas Abatement Fund Point of Contact. 2. Travel Reimbursement A person appointed to the Council is entitled to reimbursement for the travel expenses incurred in attending Council duties. A member of the Council may be reimbursed for actual expenses for meals, lodging, transportation, and incidental expenses in accordance with travel rates set by the federal General Services Administration. II. Duties/Roles It is the duty of the Council to determine and approve the opioid abatement strategies and funding awards. The Council will develop the approved Texas list of abatement strategies based on but not limited to the existing national list of opioid abatement strategies (see attached Appendix A) for implementing the Texas Abatement Fund. 1. The Council shall only approve strategies which are evidence - informed strategies. 2. The Texas list of abatement strategies must be approved by majority vote. The majority vote must include a majority from both sides of the statewide members and regional members in order to be approved, e.g., at least four (4) of six (6) members on each side. i . • •. - • •• • • The Council will determine a single point of contact called the Abatement Fund Point of Contact (POC) to be established as the sole entity authorized to receive requests for funds and approve expenditures in Texas and order the release of funds from the Texas Abatement Fund by the independent administrator. The POC may be an independent third party selected by the Council with expertise in banking or financial management. The POC will manage the Opioid Council Bank Account (Account). Upon a vote, the Council will direct the POC to contact the independent administrator to release funds to the Account. The Account is outside the State Treasury and not managed by any state or local officials. The POC is responsible for payments to the qualified entities selected by the Council for abatement fund awards. The POC will submit a monthly financial statement on the Account to the Council. An independent auditor appointed by the Council will perform an audit on the Account on an annual basis and report its findings, if any, to the Council. 0 The Council is the sole decision -maker on the funding allocation process of the abatement funds. The Council will develop the application and award process based on the parameters outlined below. An entity seeking funds from the Council must apply for funds; no funds will be awarded without an application. The executive director and personnel may assist the Council in gathering and compiling the applications for consideration; however, the Council members are the sole decision - makers of awards and funding determination. The Council will use the following processes to award funds: 1. Statewide Funds. The Council will consider, adopt and approve the allocation methodology attached as Exhibit C, based upon population health data and prevalence of opioid incidences, at the Council's initial meeting. Adoption of such methodology will allow each Region to customize the approved abatement strategies to fit its communities' needs. The statewide regional funds will account for seventy -five (75) percent of the total overall funds, less the one (1) percent administrative expense described herein. 2. Targeted Funds. Each Region shall reserve twenty -five (25) percent of the overall funds, for targeted interventions in the specific Region as identified by opioid incidence data. The Council must approve on an annual basis the uses for the targeted abatement strategies and applications available to every Region, including education and outreach programs. Each Region without approved uses for the targeted funds from the Council, based upon a greater percentage of opioid incidents compared to its population, is subject to transfer of all or a portion of the targeted funds for that Region for uses based upon all Regions' targeted funding needs as approved by the Council on an annual basis. 3. Annual Allocation. Statewide regional funds and targeted funds will be allocated on an annual basis. If a Region lapses its funds, the funds will be reallocated based on all Regions' funding needs. E. Appeal_Pxocess. The Council will establish an appeal process to permit the applicants for funding (state or subdivisions) to challenge decisions by the Council- designated point of contact on requests for funds or expenditures. 1. To challenge a decision by the designated point of contact, the State or a subdivision must file an appeal with the Council within thirty (30) days of the decision. The Council then has thirty (30) days to consider and rule on the appeal. 2. If the Council denies the appeal, the party may file an appeal with the state district court of record where the final opioid judgment or Master Settlement Agreement is filed. The Texas Rules of Civil Procedure and Rules of Evidence will govern these proceedings. The Council may request representation from the Attorney General in these proceedings. 5 In making its determination, the state district court shall apply the same clear error standards contained herein that the Council must follow when rendering its decision. 3. The state district court will make the final decision and the decision is not appealable. 4. Challenges will be limited and subject to penalty if abused. 5. Attorneys' fees and costs are not recoverable in these appeals. [low, The Council may determine that a percentage of the funds in the Abatement Fund from the targeted funds be used to develop an education and outreach program to provide materials on the consequences of opioid drug use, prevention and interventions. Any material developed will include online resources and toolkits for communities. 6 I�:IC11:3��:3 Exhibit B: Municipal Area, Allocations: 15% of Total 0150 million (County numbers refer to distribution to the county governments after payment to cities within county borders has been made. Minimum distribution to each county is $1000.) Municipal Area, Allocation Municipal Area, Allocation Abbott $688 Lakeport $463 Abernathy $110 Lakeside $4,474 Abilene $563,818 Lakeside City $222 Ackerly $21 Lakeview $427 Addison $58,094 Lakeway $31,657 Adrian $181 Lakewood Village $557 Agua Dulce $43 Lamar County $141,598 Alamo $22,121 Lamb County $50,681 Alamo Heights $28,198 Lamesa, $29,656 Alba $3,196 Lampasas $28,211 Albany $180 Lampasas County $42,818 Aledo $331 Lancaster $90,653 Alice $71,291 Laredo $763,174 Allen $315,081 Latexo $124 Alma, $1,107 Lavaca, County $45,973 Alpine $29,686 Lavon $7,435 Alto $3,767 Lawn $58 Alton $11,540 League City $302,418 Alvarado $29,029 Leakey $256 Alvin $113,962 Leander $88,641 Alvord $358 Leary $797 Amarillo $987,661 Lee County $30,457 Ames $5,571 Lefors $159 Amherst $22 Leon County $67,393 Anahuac $542 Leon Valley $23,258 Anderson $19 Leona $883 Anderson County $268,763 Leonard $8,505 Andrews $18,983 Leroy $176 Andrews County $37,606 Levelland $46,848 Angelina, County $229,956 Lewisville $382,094 Angleton $62,791 Lexington $2,318 Angus $331 Liberty $72,343 Anna $9,075 Liberty County $531,212 Annetta $5,956 Liberty Hill $2,780 Annetta North $34 Limestone County $135,684 (Table continues on multiple pages below) Annetta, South $602 Lincoln Park $677 Annona, $738 Linda,le $24,202 Anson $5,134 Linden $3,661 Anthony $4,514 Lindsay $1,228 Anton $444 Lipan $44 Appleby $1,551 Lipscomb County $10,132 Aquilla, $208 Little Elm $69,326 Aransas County $266,512 Little River- Academy $798 Aransas Pass $57,813 Littlefield $7,678 Archer City $10,554 Live Oak $32,740 Archer County $45,534 Live Oak County $39,716 Arcola $7,290 Liverpool $1,435 Argyle $11,406 Livingston $73,165 Arlington $735,803 Llano $23,121 Armstrong County $974 Llano County $115,647 Arp $2,009 Lockhart $49,050 Asherton $112 Lockney $3,301 Aspermont $9 Log Cabin $1,960 Atascosa County $176,903 Lometa, $1,176 Athens $105,942 Lone Oak $1,705 Atlanta $30,995 Lone Star $8,283 Aubrey $15,1.41 Longview $482,254 Aurora, $1,849 Loraine $188 Austin County $76,030 Lorena $3,390 Austin $4,877,716 Lorenzo $11,358 Austwell $109 Los Fresnos $11,185 Avery $138 Los Indies $159 Avinger $1,115 Los Ybanez $0 Azle $32,213 Lott $1,516 Bailey $950 Lovelady $249 Bailey County $15,377 Loving County $1,000 Bailey's Prairie $5,604 Lowry Crossing $783 Baird $2,802 Lubbock $319,867 Balch Springs $27,358 Lubbock County $1,379,719 Ba,lcones Heights $23,811 Lucas $5,266 Ballinger $9,172 Lueders $508 Balmorhea $63 Lufkin $281,592 Bandera, $2,893 Luling $29,4,21 Bandera County $86,815 Lumberton $36,609 Bangs $3,050 Lyford $3,071. Page 2 Bardwell $362 Lynn County $6,275 Barry $200 Lytle $7,223 Barstow $61 Mabank $19,443 Bartlett $3,374: Madison County $49,492 Bartonville $8,887 Madisonville $11,4,58 Bastrop $46,320 Magnolia $26,031 Bastrop County $343,960 Malakoff $12,61.4 Bay City $57,912 Malone $439 Baylor County $29,832 Manor $12,499 Bayou Vista, $6,240 Mansfield $150,788 Bayside $242 Manvel $12,305 Baytown $216,066 Marble Falls $37,039 Bayview $41 Marfa, $65 Beach City $12,505 Marietta, $338 Bear Creek $906 Marion $275 Beasley $130 Marion County $54,728 Beaumont $683,010 Marlin $21,634 Beckville $1,247 Marquez $1,322 Bedford $94,314, Marshall $108,371 Bedias $3,475 Mart $928 Bee Cave $12,863 Martin County $10,862 Bee County $97,84,4, Martindale $2,437 Beeville $24,027 Mason $777 Bell County $650,748 Mason County $3,134 Bellaire $41,264 Matador $1,203 Bellevue $56 Matagorda, County $1.35,239 Bellmead $14,487 Mathis $15,720 Bells $1,891 Maud $423 Beeville $7,488 Maverick County $1.1.5,919 Belton $72,680 Maypearl $986 Benavides $152 McAllen $364,424, Benbrook $4,3,919 McCamey $542 Benjamin $951 McGregor $9,155 Berryville $14,379 McKinney $450,383 Bertram $182 McLean $14 Beverly Hills $4,336 McLendon- Chisholm $411 Bevil Oaks $549 Mcculloch County $20,021. Bexar County $7,007,1.52 Mclennan County $529,641. Big Lake $547 Mcmullen County $1,000 Big Sandy $4,579 Meadow $1,121 Page 3 Big Spring $189,928 Meadowlakes $905 Big Wells $236 Meadows Place $18,148 Bishop $8,213 Medina County $48,355 Bishop Hills $323 Mega,rgel $611. Blackwell $31 Melissa, $15,381 Blanco $6,191 Melvin $345 Blanco County $49,223 Memphis $7,203 Blanket $147 Mena,rd $991 Bloomburg $1,010 Menard County $14,717 Blooming Grove $352 Mercedes $21,441 Blossom $198 Meridian $3,546 Blue Mound $2,888 Merkel $10,117 Blue Ridge $1,345 Mertens $239 Blum $1,622 Mertzon $29 Boerne $45,576 Mesquite $310,709 Bogata, $3,649 Mexia, $21,096 Bonham $100,909 Miami $455 Bonney $2,510 Midland County $279,927 Booker $1,036 Midland $521,849 Borden County $1,000 Midlothian $95,799 Borger $69,680 Midway $78 Bosque County $71,073 Milani County $97,386 Bovina, $173 Milano $904 Bowie $83,620 Mildred $286 Bowie County $233,190 Miles $93 Boyd $6,953 Milford $6,177 Brackettville $8 Miller's Cove $97 Brady $27,480 Millican $417 Brazoria, $11,537 Mills County $19,931. Brazoria County $1,021,090 Millsap $34 Brazos Bend $462 Mineola, $48,719 Brazos Country $902 Mineral Wells $92,061. Brazos County $342,087 Mingus $189 Breckenridge $23,976 Mission $124,768 Bremond $5,554 Missouri. City $209,633 Brenham $54,750 Mitchell. County $20,850 Brewster County $60,087 Mobeetie $52 Briarcliff $572 Mobile City $2,039, Briaroaks $57 Monahans $5,849 Bridge City $80,756 Mont Belvieu $19,669 Page 4 Bridgeport $33,301 Montague County $94,796 Briscoe County $977 Montgomery $1,884 Broaddus $31 Montgomery County $2,700,911 Bronte $99 Moody $828 Brooks County $20,710 Moore County $40,627 Brookshire $6,406 Moore Station $772 Brookside Village $1,110 Moran $50 Brown County $193,417 Morgan $605 Browndell $152 Morgan's Point $3,105 Brownfield $14,452 Morga,n's Point Resort $8,024 Brownsboro $3,176 Morris County $53,328 Brownsville $425,057 Morton $167 Brownwood $166,572 Motley County $3,344 Bruceville -Eddy $1,692 Moulton $999 Bryan $246,897 Mount Calm $605 Bryson $1,228 Mount Enterprise $1,832 Buckholts $1,113 Mount Pleasant $65,684, Buda $10,784 Mount Vernon $6,049 Buffalo $11,866 Mountain City $1,548 Buffalo Gap $88 Muenster $4,656 Buffalo Springs $188 Muleshoe $4,910 Bullard $7,487 Mullin $384 Bulverde $14,4,36 Munday $2,047 Bunker Hill Village $472 Murchison $2,302 Burkburnett $37,844: Murphy $51,893 Burke $1,114 Mustang $7 Burleson County $70,244 Mustang Ridge $2,462 Burleson $151,779 Nacogdoches $205,992 Burnet $33,345 Nacogdoches County $198,583 Burnet County $189,829 Naples $4,224 Burton $937 Nash $7,999 Byers $77 Nassau Bay $11,247 Bynum $380 Natalia $625 Cactus $4,779 Navarro $334 Caddo Mills $43 Navarro County $103,51.3 Caldwell $18,245 Navasota $37,676 Caldwell County $86,413 Nazareth $124 Calhoun County $127,926 Nederland $44,585 Callahan County $12,894 Needville $10,341 Ca,llisburg $101 Nevada, $237 Page 5 Calvert $772 New Berlin $4 Cameron $11,091 New Boston $6,953 Cameron County $537,026 New Braunfels $307,313 Camp County $28,851 New Chapel Hill $288 Camp Wood $422 New Deal $338 Campbell $1,116 New Fairview $2,334 Canadian $1,090 New Home $9 Caney City $2,005 New Hope $1,024 Canton $56,734 New London $4,129 Canyon $26,251 New Summerfield $442 Carbon $620 New Waverly $2,562 Carl's Corner $48 Newark $520 Carmine $385 Newcastle $914 Ca,rrizo Springs $1,671 Newton $6,102 Carrollton $310,255 Newton County $158,006 Carson County $29,493 Neylandville $163 Carthage $18,927 NiederwaId $16 Cashion Community $322 Nixon $2,283 Cass County $93,155 Nocona, $16,536 Castle Hills $12,780 Nolan County $50,262 Castro County $4,420 Nolanville $4,247 Castroville $4,,525 Nome $391 Cedar Hill $70,127 Noonday $226 Cedar Park $185,567 Nordheim $697 Celeste $1,280 Normangee $6,192 Celina, $18,283 North Cleveland $105 Center $58,838 North Richland Hills $146,419 Centerville $385 Northlake $8,905 Chambers County $153,188 Novice $76 Chandler $17,364 Nueces County $1,367,932 Channing $2 O'Brien $76 Charlotte $4,257 O'Donnell $27 Cherokee County $156,612 Oak Grove $2,769 Chester $1,174 Oak Leaf $612 Chico $2,928 Oak Point $9,011. Childress $37,916 Oak Ridge $358 Childress County $50,582 Oak Ridge North $33,512 Chillicothe $172 Oak Valley $7 China $522 Oakwood $148 China, Grove $598 Ochiltree County $15,476 Page 6 Chireno $1,568 Odem $7,420 Christine $354 Odessa, $559,163 Cibolo $13,690 Oglesby $29 Cisco $7,218 Old River - Winfree $21,653 Clarendon $114 Oldham County $10,318 Clarksville $20,891 Olmos Park $9,801 Clarksville City $54 Olney $6,088 Claude $26 Olton $1,197 Clay County $72,050 Omaha $4,185 Clear Lake Shores $6,682 Onalaska, $31,659, Cleburne $228,189 Opdyke West $479 Cleveland $96,897 Orange $311,339 Clifton $9,939 Orange County $689,818 Clint $375 Orange Grove $1,677 Clute $51,350 Orchard $867 Clyde $17,287 Ore City $6,806 Coahoma, $2,291 Overton $7,900 Cochran County $3,389 Ovilla $13,391 Cockrell Hill $512 Oyster Creek $9,633 Coffee City $1,087 Paducah $125 Coke County $5,522 Paint Rock $141 Coldspring $447 Pa,la,cios $14,036 Coleman $5,442 Palestine $178,009 Coleman County $4,164 Palisades $240 College Station $258,147 Palm Valley $1,918 Colleyville $46,049 Palmer $12,666 Collin County $1,266,721 Palmhurst $4,660 Collingsworth County $19,234 Palmview $7,577 Collinsville $1,831 Palo Pinto County $124,621. Colmesneil $2,211 Pampa $67,227 Colorado City $8,405 Panhandle $9,536 Colorado County $49,089 Panola. County $80,699 Columbus $6,867 Panorama Village $1,292 Coma,l County $396,142 Pantego $12,898 Comanche $16,503 Paradise $52 Comanche County $50,964 Paris $201,180 Combes $1,710 Parker $10,307 Combine $1,892 Parker County $476,259 Commerce $33,869 Parmer County $15,866 Como $415 Pasadena $356,536 Page 'I Concho County $3,859 Pattison $1,148 Conroe $466,671 Patton Village $9,268 Converse $27,693 Payne Springs $1,770 Cooke County $200,451 Pearland $333,752 Cool $731 Pearsall $11,570 Coolidge $243 Pecan Gap $719 Cooper $362 Pecan Hill $229 Coppell $86,593 Pecos $7,622 Copper Canyon $489 Pecos County $46,997 Copperas Cove $133,492 Pelican Bay $1,199 Corinth $75,298 Penelope $415 Corpus Christi $1,812,707 Penitas $312 Corral City $143 Perryton $23,364 Corrigan $21,318 Petersburg $1,691 Corsicana $87,310 Petrolia $17 Cory-ell County $123,659 Petronila, $5 Cottle County $875 Pflugerville $86,408 Cottonwood $289 Pharr $144,721 Cottonwood Shores $1,203 Pilot Point $11,613 Cotulla, $1,251 Pine Forest $3,894 Coupland $266 Pine Island $3,141 Cove $387 Pinehurst $32,671. Covington $519 Pineland $4,138 Coyote Flats $1,472 Piney Point Village $15,738 Crandall $12,099, Pittsburg $20,526 Crane $10,599 Plains $129 Crane County $26,146 Plainview $60,298 Cranfills Gap $128 Plano $1,151,608 Crawford $383 Pleak $270 Creedmoor $16 Pleasant Valley $308 Cresson $1,086 Pleasanton $29,011. Crockett $23,403 Plum Grove $258 Crockett County $18,210 Point $1,519 Crosby County $18,388 Point Blank $355 Crosbyton $1,498 Point Comfort $447 Cross Plains $4,877 Point Venture $588 Cross Roads $244 Polk County $370,831. Cross Timber $542 Ponder $1,282 Crowell $6,335 Port Aransas $31,022 Crowley $22,395 Port Arthur $367,995 Page 8 Crystal City $19,412 Port Isabel $9,802 Cuero $24,689 Port Lavaca, $11,752 Culberson County $789 Port Neches $38,849 Cumby $5,320 Portland $76,517 Cuney $606 Post $2,332 Cushing $1,120 Post Oak Bend City $1,034 Cut and Shoot $2,141 Poteet $6,767 DISH $19 Poth $3,974 Daingerfield $12,476 Potter County $371,701 Daisetta, $5,370 Pottsboro $12,302 Dalhart $11,609 Powell $110 Dallam County $21,686 Poynor $1,180 Dallas County $8,538,291 Prairie View $7,600 Dallas $2,999,902 Premont $3,321 Dalworthington Gardens $6,060 Presidio $148 Danbury $4,231 Presidio County $787 Da,rrouzett $101 Primera, $2,958 Dawson $600 Princeton $19,245 Dawson County $46,911 Progreso $8,072 Dayton $47,122 Progreso Lakes $39 Dayton Lakes $38 Prosper $22,770 De Kalb $1,035 Providence Village $508 De Leon $8,218 Putnam $14 De Witt County $68,895 Pyote $22 DeCordova $13,778 Quanah $207 DeSoto $72,400 Queen City $4,837 Deaf Smith County $34,532 Quinlan $7,304 Dean $141 Quintana, $492 Decatur $56,669 Quita,que $8 Deer Park $49,388 Quitman $15,619 Del Rio $59,056 Rains County $53,190 Dell City $15 Ralls $3,967 Delta County $30,584 Rancho Viejo $3,836 Denison $210,426 Randall County $278,126 Denton $458,334 Ranger $12,186 Denton County $1,132,298 Rankin $1,613 Denver City $2,104 Ransom. Canyon $930 Deport $42 Ravenna, $685 Detroit $965 Raymondville $7,466 Devers $191 Reagan County $25,215 Page 9 Devine $4,354 Real County $5,073 Diboll $25,533 Red Lick $23 Dickens $71 Red Oak $26,843 Dickens County $1,873 Red River County $29,306 Dickinson $83,683 Redwater $1,058 Dilley $2,633 Reeves County $103,350 Dimmit County $33,294 Refugio $8,839 Dimmitt $1,012 Refugio County $46,216 Dodd City $1,211 Reklaw $1,136 Dodson $447 Reno $3,791. Domino $196 Reno $11,164 Donley County $22,370 Retreat $52 Donna $13,798 Rhome $12,285 Dorchester $231 Rice $1,972 Double Oak $4,765 Richardson $260,315 Douglassville $574 Richland $210 Dripping Springs $811 Richland Hills $24,438 Driscoll $39 Richland Springs $2,234 Dublin $14,478 Richmond $77,606 Dumas $26,229 Richwood $12,112 Duncanville $58,328 Riesel $1,118 Duval County $49,109 Rio Bravo $8,548 Eagle Lake $4,882 Rio Grande City $25,947 Eagle Pass $56,005 Rio Hondo $3,550 Early $14,838 Rio Vista, $4,419 Earth $242 Rising Star $1,933 East Bernard $5,554 River Oaks $11,917 East Mountain $2,494, Riverside $858 East Tawakoni $2,723 Roanoke $275 Eastland $15,896 Roaring Springs $461 Eastland County $52,275 Robert Lee $85 Easton $329 Roberts County $547 Ector $1,108 Robertson County $44,642 Ector County $480,000 Robinson $18,002 Edcouch $4,,101 Robstown $40,154 Eden $497 Roby $428 Edgecliff Village $2,232 Rochester $674 Edgewood $13,154, Rockdale $20,973 Edinburg $120,884 Rockport $54,253 Edmonson $136 Rocksprings $25 Page 10 Edna, $18,194 Rockwall $114,308 Edom $2,149 Rockwall County $168,820 Edwards County $975 Rocky Mound $280 El Campo $31,700 Rogers $3,818 El Cenizo $621 Rollingwood $4,754 El. Lago $5,604 Roma $16,629 El Paso $1,224,371 Roman Forest $8,610 El Paso County $2,592,121 Ropesville $2,122 Eldorado $50 Roscoe $778 Electra, $15,716 Rose City $4,012 Elgin $26,289, Rose Hill Acres $2,311 Elkhart $301 Rosebud $1,489 Ellis County $315,372 Rosenberg $126,593 Elmendorf $746 Ross $147 Elsa $7,720 Rosser $549 Emhouse $83 Rotan $1,493 Emory $3,878 Round Mountain $954 Enchanted Oaks $1,299 Round Rock $475,992 Encina,l $1,515 Round Top $140 Ennis $81,839 Rowlett $99,963 Erath County $102,616 Roxton $47 Escobares $40 Royse City $23,499 Estelline $909 Rule $800 Euless $92,824 Runaway Bay $6,931 Eureka, $334 Runge $255 Eustace $2,089 Runnels County $33,831. Evant $2,068 Rusk $17,991 Everman $7,692 Rusk County $151,390 Fair Oaks Ranch $8,077 Sabina] $1,811 Fairchilds $81 Sabine County $46,479 Fairfield $1,29,5 Sachse $23,400 Fairview $32,245 Sadler $925 Falfurrias $2,221 Saginaw $31,973 Falls City $41 Salado $3,210 Falls County $34,522 San Angelo $536,509 Fannin County $131,653 San Antonio $4,365,416 Farmers Branch $94,532 San Augustine $25,182 Farmersville $10,532 San Augustine County $37,854 Farwell $343 San Benito $40,015 Fate $3,473 San Diego $11,771. Page II Fayette County $92,440 San Elizario $7,831 Fayetteville $391 San Felipe $1,498 Ferris $13,873 San Jacinto County $197,398 Fisher County $5,518 San Juan $28,845 Flatonia, $5,661 San Leauna $36 Florence $3,949 San Marcos $325,688 Floresville $21,699 San Patricio $4,213 Flower Mound $215,256 San Patricio County $271,916 Floyd County $9,049 San Perlita $2,219 Floydada, $6,357 San Saba. $10,057 Foa,rd County $5,764 San Saba, County $17,562 Follett $212 Sanctuary $17 Forest Hill $26,132 Sandy Oaks $9,863 Forney $80,112 Sandy Point $1,637 Forsan $576 Sanford $308 Fort Bend County $1,506,719 Sanger $22,237 Fort Stockton $4,411 Sansom Park $223 Fort Worth $2,120,790 Santa Anna $329 Franklin $3,931 Santa, Clara $87 Franklin County $25,783 Santa, Fe $33,272 Frankston $274 Santa Rosa $2,138 Fredericksburg $56,486 Savoy $2,349 Freeport $72,973 Schertz $60,110 Freer $3,271 Schleicher County $5,695 Freestone County $50,495 Schulenburg $2,560 Friendswood $140,330 Scotland $148 Frio County $19,954 Scottsville $708 Friona, $2,848 Scurry $1,110 Frisco $4,05,309 Scurry County $73,116 Fritch $4,548 Seabrook $30,270 Frost $321 Seadrift $991 Fruitva,le $2,344, Seagoville $17,106 Fulshear $5,272 Seagraves $7,531 Fulton $1,602 Sealy $20,637 Gaines County $54,347 Seguin $376,538 Gainesville $153,980 Selma $22,429 Galena, Park $13,093 Seminole $16,092 Gallatin $1,253 Seven Oaks $3,917 Galveston $488,187 Seven Points $7,452 Galveston County $1,124,093 Seymour $14,218 Page 12 Ga,nado $5,510 Shackelford County $1,288 Garden Ridge $11,351 Shady Shores $594 Garland $420,244 Shallowater $1,907 Garrett $2,510 Shamrock $4,328 Garrison $3,555 Shavano Park $3,178 Gary City $450 Shelby County $109,925 Garza, County $8,944 Shenandoah $47,122 Gatesville $26,994 Shepherd $147 George West $6,207 Sherman $330,585 Georgetown $225,896 Sherman County $7,930 Gholson $1,505 Shiner $4,042 Giddings $12,674 Shoreacres $958 Gillespie County $63,191 Silsbee $66,442 Gilmer $33,951 Silverton $14 Gladewater $24,638 Simonton $1,906 Glasscock County $1,000 Sinton $23,658 Glen Rose $540 Skellytown $400 Glenn Heights $16,593 Slaton $154 Godley $3,115 Smiley $655 Goldsmith $677 Smith County $758,961. Goldthwaite $1,225 Smithville $17,009 Golia,d $3,563 Smyer $300 Golia,d County $34,660 Snook $1,422 Golinda $100 Snyder $9,018 Gonzales $14,882 Socorro $11,125 Gonzales County $33,230 Somerset $1,527 Goodlow $221 Somervell County $57,076 Goodrich $9,643 Somerville $3,806 Gordon $365 Sonora, $7,337 Goree $749 Sour Lake $17,856 Gorman $3,107 South Houston $25,620 Graford $23 South Mountain $154 Graham $235,428 South Padre Island $30,629 Granbury $71,735 Southlake $70,846 Grand Prairie $445,439 Southma.yd $7,096 Grand Saline $36,413 Southside Place $885 Grandfalls $65 Spearman $14,000 Grandview $6,600 Splendora, $7,756 Granger $2,741 Spofford $7 Granite Shoals $11,834 Spring Valley Village $16,404 Page 13 Granjeno $43 Springlike $3 Gra,peland $7,287 Springtown $14,244 Grapevine $129,195 Spur $427 Gray County $65,884 St. Hedwig $111 Grays Prairie $17 St. Jo $7,360 Grayson County $539,083 St. Paul $21 Greenville $203,112 Stafford $75,145 Gregg County $243,744 Stagecoach $3,036 Gregory $4,697 Stamford $398 Grey Forest $474 Stanton $3,838 Grimes County $94,878 Staples $19 Groesbeck $5,745 Star Harbor $151 Groom $965 Starr County $99,896 Groves $40,752 Stephens County $35,244 Groveton $8,827 Stephenville $83,472 Gruver $1,166 Sterling City $62 Guadalupe County $146,824 Sterling County $939 Gun Barrel City $36,302 Stinnett $4,097 Gunter $4,609 Stockda,le $741 Gustine $34 Stonewall County $1,822 Hackberry $94 Stratford $8,378 Hale Center $6,042 Strawn $987 Hale County $79,150 Streetman $5 Hall County $8,933 Sudan $32 Hallettsville $6,895 Sugar Land $321,561. Hapsburg $272 Sullivan City $6,121 Hallsville $10,239 Sulphur Springs $124,603 Haltom City $71,800 Sun Valley $4 Hamilton $3,581 Sundown $2,592 Hamilton County $66,357 Sunnyvale $3,248 Hamlin $4,656 Sunray $2,571 Hansford County $16,416 Sunrise Beach Village $2,083 Happy $327 Sunset Valley $9,425 Ha,rdema,n County $15,219 Surfside Beach $6,530 Hardin $100 Sutton County $6,541. Hardin County $379,800 Sweeny $4,503 Harker Heights $11.3,681 Sweetwater $68,248 Harlingen $165,429 Swisher County $7,251 Harris County $14,966,202 Taft $5,861 Harrison County $185,910 Tahoka, $430 Page 14 Hart $86 Talco $372 Hartley County $786 Talty $9,124 Haskell $10,829 Tarrant County $6,171,159 Haskell County $22,011 Tatum $972 Haslet $1,908 Taylor $57,945 Hawk Cove $674 Taylor County $351,078 Hawkins $7,932 Taylor Lake Village $412 Hawley $931 Taylor Landing $153 Hays $506 Teague $1,714 Hays County $529,489 Tehuacana, $12 Hearne $16,824 Temple $280,747 Heath $28,751 Tenaha $4,718 Hebron $687 Terrell $148,706 Hedley $70 Terrell County $5,737 Hedwig Village $13,067 Terrell Hills $9,858 Helotes $15,790 Terry County $25,423 Hemphill $8,035 Texarkana, $192,094 Hemphill County $14,394 Texas City $298,702 Hempstead $21,240 Texhoma, $156 Henderson $59,966 Texline $865 Henderson County $327,965 The Colony $114,297 Henrietta, $2,720 The Hills $1,004 Hereford $20,423 Thompsons $1,897 Hewitt $19,776 Thorndale $1,595 Hickory Creek $16,510 Thornton $270 Hico $5,534 Thorntonville $87 Hidalgo $26,621 Thrall $825 Hidalgo County $1,253,103 Three Rivers $4,669 Hideaway $922 Throckmorton $29 Higgins $43 Throckmorton County $5,695 Highland Haven $320 Tiki Island $2,178 Highland Park $9,3,383 Timbercreek Canyon $369 Highland Village $50,315 Timpson $12,642 Hill Country Village $6,485 Tioga, $2,390 Hill County $127,477 Tira, $185 Hillcrest $5,345 Titus County $70,611 Hillsboro $46,609 Toco $4 Hilshire Village $859 Todd Mission $1,680 Hitchcock $28,796 Tolar $2,369 Hockley County $46,907 Tom. Bean $2,293 Page 15 Holiday Lakes $1,795 Tom Green County $282,427 Holland $77 Tomball $34,620 Holliday $5,910 Tool $14,787 Hollywood Park $9,424 Toyah $40 Hondo $115,288 Travis County $4,,703,473 Honey Grove $7,196 Trent $63 Hood County $292,105 Trenton $3,089 Hooks $2,702 Trinidad $5,859 Hopkins County $149,518 Trinity $23,652 Horizon City $7,520 Trinity County $105,766 Horseshoe Bay $48,173 Trophy Club $29,370 Houston County $78,648 Troup $7,918 Houston $7,021,793 Troy $5,320 Howard County $89,330 Tulia, $8,911 Howardwick $84 Turkey $737 Howe $9,177 Tuscola, $138 Hubbard $3,635 Tye $1,766 Hudson $6,840 Tyler $723,829 Hudson Oaks $15,637 Tyler County $131,743 Hudspeth County $985 Uhland $1,545 Hughes Springs $4,442 Uncertain $185 Humble $73,952 Union Grove $994 Hunt County $309,851 Union Valley $666 Hunters Creek Village $14,708 Universal City $28,428 Huntington $8,792 University Park $50,833 Huntsville $80,373 Upshur County $128,300 Hurst $99,187 Upton County $8,499 Hutchins $9,551 Uvalde $18,4,39 Hutchinson County $74,630 Uvalde County $36,244 Hutto $38,346 Val Verde County $117,815 Huxley $738 Valentine $207 Idalou $1,999 Valley Mills $2,228 Impact $8 Valley View $1,824 Indian Lake $473 Van $6,206 Industry $604, Van Alstyne $43,749 Ingleside on the Bay $142 Van Horn $211 Ingleside $40,487 Van Zandt County $248,747 Ingram $5,243 Vega, $974 Iola $3,164 Venus $9,792 Iowa, Colony $4,090 Vernon $81,337 Page 16 Iowa, Park $23,487 Victoria, $84,598 Ira,an $56 Victoria, County $520,886 Iredell $216 Vidor $95,620 Irion County $9,105 Vinton $622 Irving $427,818 Volente $333 Italy $5,349 Von Ormy $513 Itasca, $8,699, Waco $512,007 Ivanhoe $26 Wa,elder $3,927 Jacinto City $14,141 Wake Village $174 Jack County $14,799 Walker County $184,629 Jacksboro $23,259 Waller County $126,206 Jackson County $37,984 Waller $11,295 Jacksonville $80,179 Wallis $2,698 Jamaica, Beach $9,,913 Walnut Springs $183 Jarrell $2,423 Ward County $67,920 Jasper $78,922 Warren City $66 Jasper County $248,855 Washington County $83,727 Jayton $63 Waskom $5,346 Jeff Davis County $8,500 Watauga, $33,216 Jefferson $11,194 Waxahachie $152,099, Jefferson County $756,614 Weatherford $207,872 Jersey Village $36,347 Webb County $505,309 Jewett $9,338 Webberville $1,280 Jim Hogg County $12,718 Webster $53,202 Jim Wells County $166,539 Weimar $5,830 Joaquin $810 Weinert $234 Johnson City $3,581 Weir $443 Johnson County $408,692 Wellington $9,11.1. Jolly $26 Wellman $383 Jones County $22,001 Wells $1,357 Jones Creek $5,078 Weslaco $73,949 Jonestown $6,419 West $3,522 Josephine $881 West Columbia $17,958 Joshua, $20,619 West Lake Hills $17,056 Jourdanton $9,600 West Orange $92,952 Junction $4,825 West Tawakoni $6,995 Justin $8,575 West University Place $34,672 Karnes City $11,632 Westbrook $93 Karnes County $35,249 Westlake $41,540 Katy $52,467 Weston $266 Page 17 Kaufman $27,607 Weston Lakes $189 Kaufman County $353,047 Westover Hills $4,509 Keene $38,296 Westworth Village $7,842 Keller $79,189 Wharton $31,700 Kemah $28,325 Wharton County $72,887 Kemp $6,419 Wheeler $447 Kempner $330 Wheeler County $26,273 Kendall County $100,643 White Deer $1,273 Kendleton $13 White Oak $15,305 Kenedy $676 White Settlement $23,304 Kenedy County $1,000 Whiteface $155 Kenefick $416 Whitehouse $29,017 Kennard $132 Whitesboro $18,932 Kenneda,le $21,024 Whitewright $7,098 Kent County $939 Whitney $73 Kerens $1,924 Wichita, County $552,371 Kermit $5,652 Wichita, Falls $832,574, Kerr County $218,452 Wickett $87 Kerrville $190,357 Wilba,rger County $55,124, Kilgore $105,583 Willa,cy County $24,581 Killeen $535,650 Williamson County $1,195,987 Kimble County $20,480 Willis $24,,384 King County $1,000 Willow Park $26,737 Kingsville $20,083 Wills Point $43,765 Kinney County $2,14,2 Wilmer $4,26 Kirby $8,752 Wilson $12 Kirbyville $10,690 Wilson County $121,034 Kirvin $2 Wimberley $724 Kleberg County $124,109 Windcrest $12,908 Knollwood $1,160 Windom $1,087 Knox City $1,962 Windthorst $3,385 Knox County $11,730 Winfield $290 Kosse $2,468 Wink $120 Kountze $19,716 Winkler County $61,163 Kress $186 Winnsboro $28,791 Krugerville $1,508 Winona $319 Krum $9,661 Winters $6,229 Kurten $686 Wise County $289,074 Kyle $51,835 Wixon Valley $441 La, Feria, $10,381 Wolfe City $5,466 Page IS La Grange $9,623 La, Grulla, $1,708 La Joya $8,457 La, Marque $98,930 La, Porte $91,532 La Salle County $14,975 La, Vernia, $3,217 La, Villa, $572 La Ward $321 LaCoste $159 Lacy- Lakeview $11,599 Ladonia $2,011 Lago Vista, $13,768 Laguna, Vista, $3,689 Lake Bridgeport $232 Lake City $2,918 Lake Dallas $25,314, Lake Jackson $75,781 Lake Tanglewood $613 Lake Worth $20,051. Wolfforth Wood County Woodbranch Woodcreek Woodloch Woodsboro Woodson Woodville Woodway Wortha n Wylie Yantis Yoakum County Yoakum. Yorktown Young County Zapata, County Zavala County Zavalla, Page 19 $4,022 $267,048 $9,617 $358 $1,012 $1,130 $122 $20,340 $25,713 $376 $1.14,708 $2,072 $34,924 $20,210 $5,447 $44,120 $56,480 $38,147 $1,088 EXHIBIT C Exhibit C: TX Opioid Council & Health Care Region Allocations plus Administrative Costs 70% of Total ($700 million) Health Care Region Allocation *: $693 million; Administrative Costs: $7 million Region Counties in Health Care Region Allocation Anderson, Bowie, Camp, Cass, Cherokee, Delta, Fannin, Franklin, Freestone, Gregg, 1 Harrison, Henderson, Hopkins, Houston, Hunt, Lamar, Marion, Morris, Panola,, Rains, Red, River, Rusk, Smith, Titus, Trinity, Upshur, Van, Zandt, Wood $38,223,336 Angelina, Brazoria,, Galveston, Hardin, Jasper, Jefferson, Liberty, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Shelby, Tyler $59,,1.49,215 3 Austin, Calhoun, Chambers, Colorado, Fort Bend, Harris, Matagorda, Waller, Wharton $120,965,680 4 Aransas, Bee, Brooks, De Witt, Duval, Goliad, Gonzales, Jackson, Jim Wells, Karnes, Kenedy, Kleberg, Lavaca, Live Oak, Nueces, Refugio, San Patricio, Victoria $27,047,477 5 Cameron, Hidalgo, Starr, Willacy $17,619,875 6 Atascosa,, Bandera, Bexar, Coma,l, Dimmit, Edwards, Frio, Gillespie, Guadalupe, Kendall, Kerr, Kinney, La, Salle, McMullen, Medina, Real, Uvalde, Val Verde, Wilson, Zava,la, $68,228,047 7 Bastrop, Caldwell, Fayette, Hays, Lee, Travis $50,489,691 8 Bell, Blanco, Burnet, Lampasas, Llano, Milam, Mills, San Saba, Williamson $24,220,521 9 Dallas, Kaufman $66,492,094 10 Ellis, Erath, Hood, Johnson, Navarro, Parker, Somervell, Tarrant, Wise $65,538,414 Brown, Callahan, Comanche, Eastland, Fisher, Haskell, Jones, Knox, Mitchell, Nolan, 11 Palo Pinto, Shackelford, Stephens, Stonewall, Taylor $9,509,818 Armstrong, Bailey, Borden, Briscoe, Carson, Castro, Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Dawson, Deaf Smith, Dickens, Donley, Floyd, Gaines, Garza, 12 Gray, Hale, Hall, Hansford, Hartley, Hemphill, Hockley, Hutchinson, Kent, King, Lamb, Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Scurry, Sherman, Swisher, Terry, Wheeler, Yoakum $23,498,027 13 Coke, Coleman, Concho, Crockett, Irion, Kimble, Mason, McCulloch, Mena,rd, Pecos, Reagan, Runnels, Schleicher, Sterling, Sutton, Terrell, Tom Green $5,195,605 14 Andrews, Brewster, Crane, Culberson, Ector, Glasscock, Howard, Jeff Davis, Loving, Martin, Midland, Presidio, Reeves, Upton, Ward, Winkler $12,124,354 15 El Paso, Hudspeth $17,994,285 16 Bosque, Coryell, Falls, Hamilton, Hill, Limestone, McLennan $9,452,018 17 Brazos, Burleson, Grimes, Leon, Madison, Montgomery, Robertson, Walker, Washington $23,042,947 18 Collin, Denton, Grayson, Rockwall $39,787,684 19 Archer, Baylor, Clay, Cooke, Foa,rd, Hardeman, Jack, Montague, Throckmorton, Wichita, Wilbarger, Young $12,665,268 20 Jim Ho��, Maverick, Webb, Zapata $6,755,656 Administrative Costs $7,000,000 * Each Region shall reserve 25% of its allocation for Targeted Funds under the guidelines of Exhibit A. Resolution Exhibit B EXHIBIT K Subdivision Settlement Participation Form Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: Governmental Entity order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 Distributor Settlement and acting through the undersigned authorized official, hereby elects to participate in the Distributor Settlement, release all Released Claims against all Released Entities, and agrees as follows. The Governmental Entity is aware of and has reviewed the Distributor Settlement, understands that all terms in this Participation Form have the meanings defined therein, and agrees that by signing this Participation Form, the Governmental Entity elects to participate in the Distributor Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Distributor Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Distributor Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Distributor Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental as provided in, and for resolving disputes to the extent provided in, the Distributor Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Distributor Settlement. M, 7. The Governmental Entity has the right to enforce the Distributor Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Distributor Settlement, including, but not limited to, all provisions of Part XI, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Distributor Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Distributor Settlement shall be a complete bar to any Released Claim. 9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Distributor Settlement. 10. In connection with the releases provided for in the Distributor Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Distributor Settlement. 11. Nothing herein is intended to modify in any way the terms of the Distributor Settlement, to which Governmental Entity hereby agrees. To the extent this Participation Form is interpreted differently from the Distributor Settlement in any respect, the Distributor Settlement controls. I have all necessary power and authorization to execute this Participation Form on behalf of the Governmental Entity. Signature: Name: Title: Date: EXHIBIT K Settlement Participation Form Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above ( "Governmental Entity "), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 ( "Janssen Settlement "), and acting through the undersigned authorized official, hereby elects to participate in the Janssen Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Janssen Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Janssen Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Janssen Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Janssen Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Janssen Settlement. 7. The Governmental Entity has the right to enforce the Janssen Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Janssen Settlement, including but not limited to all provisions of 86 Section IV (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Janssen Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Janssen Settlement shall be a complete bar to any Released Claim. 9. In connection with the releases provided for in the Janssen Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Janssen Settlement. 10. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement controls. I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. Signature: Name: Title: Date: .. Agenda No. 4. CITY COUNCIL MEMORANDUM City Council September 7, 2021 Meeting: Department: City Secretary Subject: ordinance No. 21 -T -34 — Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas, authorizing a budget adjustment relating to the Aviation Heights Waterline Improvements (Phases 5, 6, & 7) construction project. Final Reading (B. James/ K. Woodlee/ J. Shortess) BACKGROUND Previously, the City authorized survey and civil engineering design for Phases 5, 6, & 7 of the Aviation Heights Water Line Improvements project due to the limited fire protection provided by smaller diameter water mains in the Aviation Heights service area. The City of Schertz has been working to upgrade and replace these smaller diameter water mains which are currently located in alleyways and are difficult to maintain. Construction will include abandonment of 3" and 6" diameter water mains within alleys and replacing with 8" water mains within street rights -of -way. Bids for Aviation Heights Water Line Improvements (Phases 5, 6, & 7) were opened on July 7, 2021. Five bids were received and evaluated based on qualifications of bidder and experience on similar and public projects, available resources to complete the project, corporate history and stability, references, and cost. After evaluation, Council approved Resolution 21 -R -66 and authorized award of the bid for the Aviation Heights Water Line Improvements (Phases 5, 6, & 7) to M &C Fonseca Construction Co., Inc. for $1,623,167.50 and a not to exceed amount of $1,785,484.25. The proposed budget amendment uses $1,785,484.25 of Water Reserves to fund the construction of the Aviation Heights Waterline Improvements (Phases 5, 6, & 7) project. In order for funding to be made available for construction, Council must approve a budget amendment ordinance. City Council approved this on first reading at their meeting of August 24, 2021. GOAL To amend the fiscal year 2020 -2021 budget to provide funding for the construction of the Aviation Heights Waterline Improvements (Phases 5, 6, & 7) project. COMMUNITY BENEFIT The relocation of the Aviation Heights water mains will improve the service and reliability to the residents in the Aviation Heights service area. SUMMARY OF RECOMMENDED ACTION Approval of Ordinance 21 -T -34 on final reading authorizing the budget adjustment to provide construction funding for the Aviation Heights Waterline Improvements (Phases 5, 6, & 7) project. FISCAL IMPACT This ordinance will allocate $1,785,484.25 from the Water Reserves to construction funds related to the Aviation Heights Waterline Improvements (Phases 5, 6, & 7) project. RECOMMENDATION Staff recommends approval of Ordinance 21 -T -34 on final reading, providing construction funding for the Aviation Heights Waterline Improvements (Phases 5, 6, & 7) project. Attachments 21 -T -34 ORDINANCE NO. 21-T-34 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2021 BUDGET TO PROVIDE FUNDING FOR CONSTRUCTION OF THE AVIATION HEIGHTS WATERLINE IMPROVEMENTS (PHASES 5, 6, & 7) PROJECT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 20 -T -31, the City Council of Schertz, Texas, (the "City ") adopted the budget for the City for the fiscal year 2020 -2021 (the `Budtet "), which provides funding for the City's operations throughout the 2020 -2021 fiscal year; and WHEREAS, the City needs to authorize a budget amount of $1,785,484.25 for the purpose of construction and other associated expenses related to Aviation Heights Waterline Improvements (Phases 5, 6, & 7) Project; and 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 budget transfer for the Aviation Heights Waterline Improvements (Phases 5, 6, & 7) Project, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall transfer a budget of $1,785,484.25 from the Water Reserves to the Aviation Heights Waterline Improvements (Phases 5, 6, & 7) Project. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 24th day of August, 2021. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) ei Olum City Council September 7, 2021 Meeting: Department: City Secretary Agenda No. 5. Subject: Ordinance No. 21 -T -35 - Consideration and /or action authorizing an adjustment to the fiscal year 2021 budget to provide services to Randolph JBSA. Final Reading (M. Browne /B. James /J. Walters) On July 27, 2021 Council approved a Task Order with AACOG to provide Emergency Medical Servicies on JBSA- Randolph. The requirements for the Task Order are to provide a 24 hour ambulance on JBSA- Randolph. The task order begins on September 27, 2021. Due to the need to train new staff to provide these services, a budget adjustment will be needed to cover the expense. GOAL To provide Emergency Medical Services to JBSA - Randolph. COMMUNITY BENEFIT Proving quality ambulance services to JBSA - Randolph - additionally, adding a 24 -hour ambulance will be a benefit to all the cities and areas we serve to reduce overall response times. SUMMARY OF RECOMMENDED ACTION Approval of Ordinance No. 21 -T -35 authorizing an adjustment to the fiscal year 2021 budget. City Council approved this on first reading at their meeting of August 24, 2021. FISCAL IMPACT Personnel costs to include regular, overtime, FICA, TMRS, Health Insurance, Workers Compensation and Uniforms will not exceeed $30,000.00. We will be invoicing AACOG for these services on September 27, 2021. 1 Staff recommends approval of Ordinance No. 21 -T -35 on final reading. Attachments Ordinance 21 -T -35 ORDINANCE NO. 21-T-35 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2021 BUDGET TO PROVIDE SERVICES TO RANDOLPH JBSA, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 20 -T -31, the City of Schertz (the " it ") adopted the budget for the City for the fiscal year 2020 -2021 (the `Budget), which provides funding for the City's operations throughout the 2020 -2021 fiscal year; and WHEREAS, the City needs to authorize budget amounts not to exceed $30,000.00 from the EMS Department Personnel Services account to include the cost for six new employees; and 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 expense to hire six new employees, 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 allocate no more than $30,000.00 for personnel expenses related to the cost of hiring six new employees. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 24th day of August 2021. PASSED, APPROVED AND ADOPTED ON FINAL READING, t day • September 2021. 1 CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 - e' City Council September 7, 2021 Meeting: Department: Public Works Agenda No. 6. I M40111LIM I ELVA I Old Subject: Resolution No. 21-R-94 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas re-appointing Mr. Brian Edgington to the Board of Directors Place D-4 of the Cibolo Valley Local Government Corporation (CVLGC), and other matters in connection therewith. (C. Kelm/S. Williams/S. McClelland) The CVLGC Board seat currently held by Brian Edgington of Schertz has a term that expires on September 30, 2021. It is staff's recommendation that the City of Schertz re-appoint Brian Edgington to serve on the Cibolo Valley Local Government Corporation (CVLGC) Board of Directors Place D-4 for another four year term expiring on September 30, 2025. Mr. Edgington has agreed to serve and the CVLGC Board of Directors supports his re-appointment. GOAL Re-appoint Brian Edgington to provide CVLGC with a fully staffed Board of Directors. COMMUNITY BENEFIT N/A Recommend appointment of Mr. Brian Edgington. There is no fiscal impact. RECOMMENDATION Approve Resolution No. 21 -R -94 re-appointing Mr. Brian Edgington to the CVLGC Board of Directors. Attachments 21-R-94 RESOLUTION NO. 21 -R -94 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS RE- APPOINTING MR. BRIAN EDGINGTON TO THE BOARD OF DIRECTORS PLACE D -4 OF THE CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City re- appoint Brian Edgington to serve on the Cibolo Valley Local Government Corporation ( "CVLGC ") Board of Directors :Place D -4 for another four year term ending on September 30, 2025 (the "Term "); and WHEREAS, the City Council has determined that it is in the best interest of the City to re- appoint Brian Edgington to the CVLGC Board of Directors Place D -4 for another four year term; and WHEREAS, Mr. Edgington desires to serve on the CVLGC Board of Directors Place D -4; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby appoints Brian Edgington to serve on the CVLGC Board of Directors, Place D -4 for the recommended four year term ending September 30, 2025. 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 7th day of September 2021. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Agenda No. 7. ei Olum City Council September 7, 2021 Meeting: Department: Engineering Subject: Resolution No. 21 -R -98 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a Task Order Agreement with Kimley -Horn Associates, Inc. for an amount not to exceed $700,000.00 for the Main Street Improvement Project. (B. James /J. Nowak) BACKGROUND The City of Schertz has previously identified a goal of improving the aesthetics of Main Street and providing a new driving surface on the street. Earlier discussions provided a general framework for the types of aesthetic improvements the City would like implement for Main Street. In reviewing the on -call consulting firms currently under contract with the City of Schertz, Kimley -Horn was identified as being very well- suited for providing the necessary Professional Engineering and architectural services to develop plans for implementing street, landscaping, lighting, and other aesthetic elements in the main street corrido to achieve the City's Goals. Kimley -Horn was previously retained to design the Lindbergh reconstruction between Main Street and Exchange Avenue and some other, smaller projects on Main Street so they are familiar with the area and were somewhat familiar with the City's goals. City Staff held multiple meetings with Kimley -Horn staff to develop a scope and fee to provide Professional Design and Architectural services to achieve the City's goals. The scope includes public outreach and creation of three options to present to Council and the public to finalize the design for the project elements. The proejct also inlcudes re- surfacing of Main Street to help preserve the street. The public outreach and option development is a significand portion of the total professional services contract and fee. The proposed scope and fee proposal will allow the project to move forward and result in a final bid package to procure a contractor for construction. GOAL To obtain authorization from City Council to execute a Task Order Agreement with Kimley -Horn Associates, Inc. to provide professional engineering and architecture- related services for $636,085.00, and to authorize a not to exceed amount of $700,000.00 for the Main Street Improvement Project. COMMUNITY BENEFIT The project will identify and fully design roadway, landscaping, lighting, and other aesthetic improvements to the Main Street Corridor, providing a community identity, improving pedestrian access, and updating the street surface to complement current development efforts and improve civic functions held in the area.This work will allow the City to continue to make improvements to Main Street in the future in a coordinated fashion with a unified overall vision. 1eld h/ El I] a 7 5C 03041►/ l 01011110111XIXIN I [17011 Approval of Resolution 21 -R -98 authorizing a Task Order Agreement with Kimley -Horn Associates, Inc. for a not to exceed amount of $700,000 for the Main Street Improvement Project. FISCAL IMPACT Funding for the proposed professional services contract is available from Main Street Bond Funds; remaining 2009 Street Bond Funds; and EDC funds earmaked for the Main Street Improvement Project. RECOMMENDATION Staff recommends approval of Resolution 21 -R -98, authorizing a Task Order Agreement with Kimley -Horn Associates, Inc. for $636,085.00 and a not to exceed amount of $700,000 for the Main Street Improvement Project. Attachments Resolution 21 -R -98 Exhibit A RESOLUTION NO. 21 -R -98 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A TASK ORDER AGREEMENT WITH KIMLEY -HORN ASSOCIATES, INC., FOR PROFESSIONAL ENGINEERING AND ARCHITECTURAL - RELATED SERVICES ON THE MAIN STREET IMPROVEMENT PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Schertz, TX has previously identified a goal of improving pedestrian access and aesthetics in the Main Street Corridor; and WHEREAS, the City Staff of the City of Schertz (the "City ") has determined that the City requires professional services related to Engineering and Architectural elements for the Main Street corridor; and WHEREAS, Kimley -Horn Associates, Inc. is able to provide the Engineering and Architectural services; and WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Kimley -Horn Associates, Inc. pursuant to the Task Order Agreement attached hereto as Exhibit A (the "Agreement ") for $636,085.00 and a not to exceed amount of $700,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Kimley -Horn Associates, Inc. in substantially the form set forth on Exhibit A and to execute further amendments as necessary not to exceed a total expenditure amount of $700,000. 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 7th day September, 2021. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50077397.1 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT 50077397.1 A -1 Ilr_ we]a014'A0IZLTA 1 Task Order This is Task Order No. 07 , consisting of 42 pages. In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services —Task Order Edition, dated [ October 17, 2015 j', ( "Agreement "), Owner and Engineer agree as follows: 1. Background Data a. Effective Date of Task Order: b. Owner: The City of Schertz C. Engineer: Kimley -Horn and Associates, Inc. d. Specific Project (title): Main Street Revitalization Specific Project (description): The City of Schertz plans to revitalize Main Street with approximately limits of Schertz Parkway to Curtiss Avenue. Planned improvements include the installation of gateway markers on each end of the project, key intersections to provide opportunities for landscape features, streetscape and irrigation features, illumination with decorative light standards and festoon lighting, wayfinding and signage, gap fill areas with new curbs and sidewalks, upgrade ADA curb ramps as needed, complete a mill and inlay with spot base repairs, modify the typical striped section to redefine lane assignments and on street parking or bike lanes, and install stamped concrete or decorative pavers in roadway surface at gateways markers. 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are: ❑ as follows: Resident Project Representative (RPR) Services: Does Not Apply C. Designing to a Construction Cost Limit: Does Not Apply D. Other Services: None E. All of the services included above comprise Basic Services for purposes of Engineer's compensation under this Task Order. 2. Additional Services A. Additional Services that may be authorized or necessary under this Task Order are: Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 n 3. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B, subject to the following: [Reference Engineer Scope and Fee Proposal for items to be provided by owner] 4. Task Order Schedule In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: The proposed tentative schedule for this work authorization is based on a total duration of 15 months, inclusive of design, bid and construction. This schedule is contingent on the City selecting a landscape, lighting and typical roadway section concept upon presentation to council or Main Street committee, and cooperation from the power supply company. Any delays with concept selection or information from the power company may impact design milestone and the schedule will be adjusted accordingly. For the purposes of this task order, a Notice to Proceed date of August 30, 2021 has been assumed. Notice to Proceed (NTP) —August 30, 2021 Planning and Conceptual Layouts — August 30, 2021 to November 4, 2021 90% Design Services — November 5, 2021 to January 27, 2022 100% Design Services (Signed and Sealed Submittal) — January 28, 2022 to March 23, 2022 Procurement — March 24, 2022 to April 26, 2022 Anticipated council action May 10, 2022 Construction — May 16, 2022 to November 18, 2022 Party Action Schedule Engineer Furnish [ N/A ] review copies of the Report Within [ N/A ] days of the Effective Date of and other Study and Report Phase the Task Order. deliverables to Owner. Owner Submit comments regarding Report and Within [ N/A ] days of the receipt of Report other Study and Report Phase deliverables and other Study and Report Phase to Engineer. deliverables from Engineer. Engineer Furnish [ N/A ] copies of the revised Within [ N/A ] days of the receipt of Report and other Study and Report Owner's comments regarding the Report Phase deliverables to Owner. and other Study and Report Phase deliverables. Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 Engineer Furnish [ pdf ] review copies of the Within [ 67 ] days of Owner's authorization to Preliminary Design Phase documents, proceed with Preliminary Design Phase opinion of probable Construction Cost, and services. other Preliminary Design Phase deliverables to Owner. Owner Submit concept selection and comments Within [ 14 ] days of the receipt of regarding Preliminary Design Phase Preliminary Design Phase documents, opinion documents, opinion of probable of probable Construction Cost, and other Construction Cost, and other Preliminary Preliminary Design Phase deliverables from Design Phase deliverables to Engineer. Engineer. Engineer Furnish [ pdf ] copies of the 90% Design [ Per Schedule above ] from receipt of documents, opinion of probable Owner's Notice to proceed to the 90% Construction Cost, and other Preliminary Design Phase Deliverable Date, submit 90% Design Phase deliverables to Owner. Design Phase documents, opinion of probable Construction Cost, and other Design Phase deliverables. Owner Submit comments and instructions Within [ 14 ] days of the receipt of the final regarding the final Drawings and Drawings and Specifications, assembled Specifications, assembled drafts of other drafts of other Construction Contract Construction Contract Documents, the draft Documents, the draft bidding - related bidding - related documents (or requests for documents (or requests for proposals or proposals or other construction other construction procurement documents), procurement documents), and any other and any other Final Design Phase deliverables Final Design Phase deliverables, to from Engineer. Engineer. Engineer Furnish [ 5 ] copies of the final signed and Within [ 40 ] days of the receipt of Owner's sealed Drawings and Specifications, comments and instructions regarding the final assembled Construction Contract Drawings and Specifications, assembled drafts Documents, bidding- related documents (or of other Construction Contract Documents, requests for proposals or other construction the draft bidding - related documents (or procurement documents), and any other requests for proposals or other construction Final Design Phase deliverables, to Owner. procurement documents), and any other Final Design Phase deliverables Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 S. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: Task Description of Service Amount Basis of Compensation BASIC SERVICES 1 1 Project Management $ 49,470.00 [ Lump Sum ] 2 Topographic Survey $ 35,240.00 [ Lump Sum ] 3 Geotechnical Investigaton and Report Preparation $ 16,320.00 ( Lump Sum ] 4 Planning and Conceptual Layouts $ 106,010.00 [ Lump Sum ] 5 90% Design $ 201,870.00 [ Lump Sum ] 6 Final Design $ 41,560.00 ( Lump Sum ] 7 Procurement $ 11,805.00 [ Lump Sum ] 8 Construction Phase $ 36,270.00 [ Lump Sum ] 9 Record Drawings and Project Closeout $ 6,680.00 ( Lump Sum ] 10 Reimbursable Project Expenses $ 1,800.00 [ Lump Sum ] Total Compensation (BASIC SERVICES) $ 507,025.00 [ Lump Sum] SUPPLEMENTAL SERVICES 5-1 Subsurface Utility Engineering $ 84,720.00 [ Lump Sum] S -2 Signage and Wayfinding $ 26,730.00 [ Lump Sum] S -3 Topographic Survey $ 12,360.00 ( Lump Sum ] S -4 TDLR $ 5,250.00 [ Lump Sum ] ITotal Compensation (SUPPLEMENTAL SERVICES) $ 129,060.00 [ Lump Sum ] Total Compensation (BASIC + SUPPLEMENTAL SERVICES) $ 636,085.00 [ Lump Sum ] *Based on a [ 15 ]; -month continuous design and construction period. Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are estimates only. Lump sum amounts and estimated totals included in the breakdown by phases incorporate Engineer's labor, overhead, profit, reimbursable expenses (if any), and Consultants' charges, if any. For lump sum items, Engineer may alter the distribution of compensation between individual phases (line items) to be consistent with services actually rendered, but shall not exceed the total lump sum compensation amount unless approved in writing by the Owner. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 6. Consultants retained as of the Effective Date of the Task Order: Kimley -Horn and Associates, Inc. 7. Other Modifications to Agreement and Exhibits: Scope associated with this task order is identified in scope and fee proposal dated August 2, 2021. No other modifications to Agreement and Exhibits are proposed at this time Task Order Form E1CDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 8. Attachments: Engineer scope and fee proposal dated August 2, 2021 9. Other Documents Incorporated by Reference: None 10. Terms and Conditions Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order is Title: City Manager Title: Asst. Secretary Engineer License or Firm's Certificate No. (if required): 80190 State of: Texas DESIGNATED REPRESENTATIVE FOR TASK ORDER: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Kathryn Woodlee, PE Name: Stephen J. Aniol, PE Title: City Engineer Title: Senior Proiect Manager Address: 11 Commercial Place Schertz TX 78153 Address: E -Mail E -Mail Address: kwoodlee @schertz.com Address: stephen.aniol @kimley- horn.com Phone: (210) 619 -1823 Phone: (210) 321 -3404 Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services — Task Order Edition. Copyright @ 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 Kimley »>Horn August 2, 2021 John Nowak, PE Project Manager City of Schertz — Engineering 11 Commercial Place Schertz, Texas 78154 -kE: Main Street Revitalization (FM 1518 to Schertz Pkwy) — Scope and Fee Proposal (Task Order — 07) Dear Mr. Nowak: Kimley -Horn and Associates (Kimley -Horn) is pleased to submit this scope and fee proposal for professional engineering services for the Main Street Revitalization project. This proposal includes conceptual planning, design, bid and construction phase services for the proposed project, and is based on a design scoping meeting held between Kimley -Horn and the City with subsequent coordination calls to clarify scope. PROJECT UNDERSTANDING It is our understanding that the purpose of this project is to revitalize the Main Street corridor in a manner that brings the Main Street feeling to local residents, business owners and travelers. The City desires to install gateway markers on each end of the project, select key intersections that provide opportunities for landscape architecture features, streetscape and irrigation features, install illumination with decorative light standards, install wayfinding and signage within the project corridor, gap fill areas with new curbs and sidewalks, upgrade ADA curb ramps as needed, complete a mill and inlay with spot base repairs along the complete project limit, modify the typical striped section to redefine lane assignments and on street parking or bike lanes, and potentially install stamped concrete or decorative pavers at select intersections. The City does not currently have a theme and desires Kimley -Horn to review and present multiple options to staff and council. Upon selection of final theme Kimley -Horn will prepare full construction drawings and specifications, assist the City with project advertising and bidding, and support the City during the construction phase. BASIC SERVICES The tasks below outline the proposed basic scope of services to be completed by Kimley -Horn and sub - consultants for this project and coincide with our general understanding of the project. The scope presented in this proposal coincides with the project work plan included as an attachment to this proposal. 1. Project Management 1.1. Prepare monthly summary reports /invoicing f 4t 1.2. Sub - contract management 1.3. Schedule development and monthly updates —Schedule will be developed in Microsoft Project format and pdf copy will accompany the monthly invoice 1.4. Ongoing coordination and communications with Client and internal team meetings 2. Survey Services Provide full topographic survey for approximately 3,500 -feet of Main Street, from Curtiss Avenue to Schertz Pkwy. Survey limits are referenced in Attachment 2. 2.1. Boundary and improvements 2.1.1. Locate property corners and adjoining property corners to establish property lines. Provide a "Not Found" if no corner is located 2.2. Topographic survey to include the following items 2.2.1. Improvements to include curbs, driveways, walls, visible utilities, exterior building footprints and heights, fences, parking spaces, and signs of visible encroachment 2.2.2. Locate visible evidence of utilities near subject tract. Contact 811 (Texas one -call locator) and complete records research for Quality Level (QL) C and D utility data. Pick up and notate aerial utilities including dimensions to existing ground 2.2.3. Show buried site utilities including top of nut elevations on valves, measure downs, flow lines and pipe sizes on all manholes, locate nearest fire hydrants and sewer manhole with inverts, locate cleanouts and meter boxes 2.2.4. For culverts locate flow lines, dimensions and material 2.2.5. Paint stripes and lane lines 2.2.6. Light poles and cross arms on sketch, plus base dimension and material; include any traffic equipment within boundaries 2.2.7. Pylon or billboard signs — include diameter of pole and shots of pedestal 2.2.8. Monument signs — include dimensions and sketch, include all traffic signage 2.2.9. Topographic survey for design in surface coordinates, assuming 50' sections and 10' outside boundary. Cross section survey shots to be obtained at ROW, sidewalk, top of curb, edge of pavement, lane lines and centerline 2.2.10. Locate and pick up noticeable sags /crests that do not follow the normal terrain 2.2.11. Set horizontal and vertical control 2.3. Tree survey 2.4. Obtain geotechnical bore locations (separate survey trip) 2.5. Project control sheet 2.5.1. 90% and final design phase 2.6. Deliverables 2.6.1. Produce 1 CAD file inclusive of all survey data 2.6.2. Draft project control sheet at 90% 2.6.3. Signed and sealed project control sheet at Final deliverable 3. Geotechnical Investigation & Report Preparation Kimley)>>Horn Page 3 Perform single soil bore in proximity of each Gateway location to establish representative subsurface conditions and recommendations for foundation and structural design. Two (2) bores to an approximate depth of twenty (25) feet are assumed. Consultant will complete the following tasks: 3.1. Geotechnical bores and engineering report 3.1.1. Boring logs with field and laboratory data 3.1.2. Stratification based on visual soil (and rock) classification 3.1.3. Groundwater levels observed during and after drilling completion 3.1.4. Site and boring location plans 3.1.5. Subsurface exploration procedures 3.1.6. Description of subsurface conditions 3.1.7. Recommendations for shallow and deep foundation and engineering design parameters 3.1.8. Seismic site classification based on 2018 IBC 3.1.9. Subgrade preparation /earthwork recommendations 3.1.10. Existing pavement section at pavement core location (near Main Street and Curtiss Ave.) 3.1.11. Options for asphalt and concrete pavement thickness recommendations for the proposed roadway based on the provided traffic loading 3.1.12. TxDOT procedure will be used in the pavement design at the intersection of Main Street and Curtiss Ave. New pavement may be designed by matching the existing TxDOT pavement section 3.2. Bore layout and coordination 3.3. Review preliminary geotechnical engineering report 4. Planning and Conceptual Layouts For this task Kimley -Horn will evaluate and prepare two (2) conceptual placemaking options for the revitalization of Main Street. To develop these options Kimley -Horn will complete the following tasks: 4.1. Utility research and investigation 4.1.1. Make initial outreach to utility providers along the corridor to obtain block maps and record drawings of existing infrastructure 4.1.2. Existing lighting infrastructure will be visually verified in the field 4.2. Conceptual illumination review 4.2.1. Conduct one on -site meeting with the local electric service provider to determine service feed options for the proposed street, landscape and pedestrian lighting 4.2.2. Provide up to two options for each of the street, landscaping and festoon lighting for the City to review. City will select option to proceed with the 90% design drawings 4.3. Landscape Architecture 4.3.1. Research and urban connectivity 4.3.1.1. Research the landscape heritage of downtown Schertz and identify important aspects related to how landscape contributes to the quality of life for Downtown Schertz. Create authentic landscape connectivity to this place 4.3.2. Corridor walk with City staff to better understand the desires and wants from a placemaking perspective 4.3.3. Technical landscape assessment and improvements identification f 4t 4.3.3.1. Provide one technical assessment of the existing landscape constraints and features of Main Street based on the existing conditions. Identify important relationships of the various landscape program related to the street and adjacent uses and opportunities for improvements that are not readily apparent 4.3.4. Approach outline and develop design recommendations and direction 4.3.4.1. Provide in outline format up to three (3) Urban Landscape Architectural Approaches for Main Street including the project design approach, goal and landscape precedent imagery that address • Major character zones throughout Main Street • Design elements for key character zones within each district • Streetscape landscape pallet and character • Lighting concept and approach 4.3.4.2. Provide up to three (3) landscape hand drawn and colored sketches at 11 x 17 showing design solutions for City consideration. Address one revision to this task 4.3.5. Landscape and lighting approach 4.3.6. Three conceptual milestone options including preliminary design details, coordination and planning 4.3.6.1. Prepare two (2) conceptual milestone options that represent ideas and budget options for City consideration. Each option will include a plan package that describes the option, including a plan view of the improvements rendered in color to represent proposed improvements 4.3.6.2. City will select proposed landscape features and improvements from these options 4.4. Roadway schematic preparation 4.4.1. Site visit to identify existing conditions, including pavement striping, concrete flatwork and identification of pavement repairs 4.4.2. Prepare conceptual route recommendations, layouts and typical sections for up to two (2) concepts. It is assumed that the curbs will remain in place with exception to key intersections where bulb outs may be introduced 4.5. Structural coordination and support 4.5.1. Coordination with landscape architecture for gateway design 4.6. Preliminary opinion of probable construction cost (OPCC) 4.6.1. Develop OPCCs for each landscape option to include all sub tasks noted in Task 4 4.7. Permitting 4.7.1. Initial outreach and coordination meeting with TxDOT in anticipation of the proposed Utility Installation Request (UIR) permit 4.8. Meetings and Coordination 4.8.1. Prepare for and attend up to three (3) coordination meetings with City staff 4.8.2. Attend and present at city council meetings with development of presentation exhibits 4.8.3. Prepare meeting notes following coordination meetings 5. 90% Design f 4t Kimley -Horn will perform the following tasks for 90% design for the placemaking concept selected by the City: 5.1. Utility Coordination 5.1.1. Develop utility contact spreadsheet for providers along the corridor 5.1.2. Prepare utility conflict matrix with proposed improvements 5.1.3. Prepare for and conduct one (1) utility coordination meeting with service providers 5.2. Illumination Design 5.2.1. Existing conditions and removals (up to 10 sheets) 5.2.2. Photometric analysis 5.2.3. Proposed illumination layout (up to 10 sheets) 5.2.4. One Line diagrams 5.2.5. Wiring charts 5.2.6. Summary charts 5.2.7. Standard details related to illumination 5.2.8. Custom foundation for Festoon poles 5.2.9. Custom foundation for lighting poles 5.2.10. Electrical voltage drop calculations 5.2.11. Electrical service panel schedules 5.3. Landscape Architecture 5.3.1. 90% landscape and hardscape construction documents 5.3.1.1. Prepare general notes, specifications and materials legend specific to landscape features 5.3.1.2. Hardscape and layout plans will show site hardscape materials and dimensional control 5.3.1.3. Hardscape detail plan incorporating details such as paving finishes and relationships, six (6) streetscape seating areas at up to three (3) key intersections, including up to two pocket parks that are within the existing right of way. Elevations of pocket parks will remain consistent with existing conditions 5.3.1.4. Fine grading to coordinate spot elevations within the landscape and hardscape areas. These areas consist of sidewalks, courtyards, and planting beds. Retaining walls needed to accomplish the grading will be shown with the proposed top and toe elevations in a "wall zone." The selection of the wall system and the structural design of the walls is beyond the scope of this proposal and if desired can be completed as an additional service. Underground landscape features are not included as there is not an existing storm sewer system along the corridor to tie to, and drainage design features are excluded from the scope of work 5.3.1.5. Planting plans to show species, size and location with associated details for canopy trees, ornamental trees, shrubs and groundcover, and turf 5.3.1.6. Irrigation plans will be prepared upon City approval of the landscape and hardscape construction documents. The irrigation plans will show head layout, pipe sizing, controller /valve locations, and standard details. The City will specify preferred f 4t irrigation equipment brand (Toro, Hunter, Weathermatic, or Rainbird) prior to initiation of the irrigation design 5.3.1.7. Landscape and hardscape details will be prepared showing hardscape elements explicitly included in the design development package. This consists of details, sections and elevation views 5.3.2. Architectural gateway design layouts and coordination 5.4. Roadway and Utility Design 5.4.1. Develop general sheets to include cover, project location map, index of sheets, typical sections, project layout and summaries 5.4.2. Develop roadway geometrics and plan sheets 5.4.2.1. Up to 10 plan sheets at 40' scale 5.4.2.2. Plans will identify limits of mill and overlay limits, structural pavement (base) repairs, gap fill curb, sidewalk and driveways, ADA curb ramps and tree protection measures 5.4.2.3. Design and intersection grading for three (3) landscape areas and develop plan sheets 5.4.2.4. Develop signage and pavement marking sheets for select typical section 5.4.2.5. Develop water tie -in plans for up to three (3) locations for irrigation system 5.4.2.6. Develop traffic control plan narrative 5.4.2.7. Develop traffic control layouts and detour sheets for up to three (3) phases and three (3) detour routes. Approval from TOOT for traffic control measures for Hwy 78 /FM 1518 traffic will be required 5.4.2.8. Develop storm water pollution prevention plan (SW3P) sheet and narrative 5.4.2.9. Incorporate relevant construction standards 5.5. Structural Design 5.5.1. Structural design for up to two gateway locations 5.5.1.1. Provide location information for where the gateway features will be located and conceptual elevation and section details 5.5.1.2. Design up to one (1) standalone gateway feature located on either end of the project limits. It is assumed the same feature will be utilized for each location 5.5.1.3. Structural and foundation details 5.6. Permitting 5.6.1. Coordinate, prepare and submit TOOT UIR permit 5.7. Meetings and Coordination 5.7.1. Prepare for and attend up to two (2) coordination meetings 5.8. Internal QA /QC 5.9. 90% Plans Submittal 6. Final Design Kimley -Horn will review City comments provided for the 90% design drawings and attend a design review meeting to coordinate any final modifications to the plans. All plans associated with disciplines noted in Task 6 will be updated and the final OPCC will be developed. Kimley -Horn will complete a final quality control review of the plans, specifications and estimate. This task assumes that the placemaking theme selected during the Planning and Conceptual Layouts task will remain intact and f 4t substantial revisions to the illumination and roadway layouts, and gateway, signage and wayfinding design will not be required. Kimley -Horn will submit signed and sealed plans, specifications and final OPCC with this task. 7. Procurement Kimley -Horn will complete the following tasks during the procurement phase: 7.1. Assist City with project advertising 7.2. Prepare meeting agenda and attend pre -bid meeting 7.3. Prepare pre -bid meeting notes 7.4. Document and respond to Contractor questions 7.5. Prepare and issue up to two (2) Addenda 7.6. Attend bid opening 7.7. Contractor qualification and bid evaluation 7.8. Prepare bid tabulation 7.9. Assist City with bid negotiations 7.10. Prepare construction contract award recommendation letter 7.11. Prepare conformed plan set 8. Construction Phase Services 8.1. Pre - Construction Meeting 8.2. Monthly Construction Progress Meetings and site visits 8.2.1. Estimated 6 -month construction schedule 8.2.2. Prepare for and conduct monthly progress meeting. Develop and send out meeting notes within three (3) days of progress meeting 8.2.3. At conclusion of progress meeting conduct monthly site visit 8.3. Monthly site visit 8.3.1. Site visits associated with this sub -task will occur two weeks after the progress meeting, each month 8.3.2. Prepare construction observation report 8.4. Construction Site Visits 8.4.1. Assume an average of one (1) monthly site visits throughout the construction phase 8.4.2. An observation report will be prepared and provided for each site visit Kimley -Horn will make site visits in accordance with proposed basic scope of work in order to observe the progress of the work. Such observations will not be exhaustive or extend to every aspect of Contractor's work. Observations will be limited to spot checking, selective measurement, and similar methods of general observation. Based on information obtained during site visits, Kimley -Horn will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Kimley -Horn will keep the City informed of the general progress of the work. f 4t Additionally, Kimley -Horn will not supervise, direct, or have control over Contractor's work, nor shall Kimley -Horn have authority to stop the Work or have responsibility for the means, methods, techniques, equipment choice and usage, schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for any failure of Contractor to comply with any laws. Kimley -Horn does not guarantee the performance of any Contractor and has no responsibility for Contractor's failure to perform its work in accordance with the Contract Documents. 8.5. Pay Estimate Reviews (monthly and final payment) 8.5.1. Kimley -Horn will review and approve or take other appropriate action in reviewing Contractor application for payment, including recommendations to reject request for payment if quantities are not accurate and in line with the Contract Documents or progress of work 8.6. Shop Drawings /Submittals Reviews 8.6.1. Kimley -Horn will review and approve or take other appropriate action in respect to Shop Drawings and Material Submittals and other data the Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs 8.7. Request for Information (RFIs) 8.7.1. Kimley -Horn will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to the City as appropriate to the orderly completion of Contractor's work. Any variations from the Contract Documents will require authorization and approval from the City 8.8. Request for Proposals (RFPs) and Change Orders (COs) 8.8.1. Kimley -Horn will review up to two (2) change orders or request for proposals requested by the City 8.9. Substantial and Final Completion Walk - Throughs 8.9.1. Kimley -Horn will conduct a substantial and final completion walkthrough with the City to determine if the completed Work of Contractor is in general conformance with the Contract Documents. Kimley -Horn will develop a list of deficient items at the conclusion of the substantial completion walk and submit to the City and Contractor. Upon notification by the Contractor and City that deficient items have been addressed to the City's satisfaction, Kimley -Horn will recommend final payment to the Contractor and submit a Notice of Acceptability of Work 9. Record Drawings and Project Closeout 9.1. Prepare Record Drawings from Contractor As- Builts 9.1.1. The Contractor is responsible for providing a redlined set of construction drawings to Kimley -Horn identifying all changes made to the approved design during construction 10. Reimbursable Project Expenses 10.1. Mileage for site visits and meetings. Mileage will be reimbursed based on the current standard business mileage rate of $0.56 per mile (Estimated xx meetings /site visits at 40 mi /RT 10.2. Large scale plotting for any document or plot in excess of 11" x 17" SUPPLEMENTAL SERVICES Kimley -Horn has coordinated with each sub - consultant and identified potential areas that may require supplemental design services to support this project. Many of these services are listed in the individual sub - consultant's fee proposal but are not meant to be a complete list. The tasks below provide a brief outline of the proposed supplemental services and will only be completed upon written authorization from the Client. Kimley -Horn will coordinate development of a fee proposal with necessary sub - consultants and submit to the City for review. 1. Subsurface Utility Engineering 1.1. Coordinate with SUE and Perform up to 35 QL -A test holes 1.2. Review draft SUE test hole data summary and sheets and QL -B markings 1.3. Coordinate with SUE and perform up to an additional four (4) days of QL -B /designation 1.4. Prepare pothole plan Upon identification of illumination alignment and light standards, gateway foundation locations, and water main connection locations, Kimley -Horn will evaluate the total need for QL -A and B services and develop a pothole plan to be utilized by the SUE sub - consultant. Kimley -Horn will obtain a revised fee from the SUE sub - consultant for actual services required. Any funds remaining in this task at the conclusion of this project will be returned to the City. Since the fee for SUE services is just an estimate, in the event additional SUE is required due to the proposed design Kimley -Horn will obtain a revised proposal from the SUE sub - consultant and submit an additional service proposal to the City for approval. 2. Signage and Wayfinding 2.1. Identification and strategy to be completed by Kimley -Horn 2.2. Design package coordination with sub - consultant 2.3. Sub - consultant contract management 2.4. Signage and wayfinding sub - consultant services 2.4.1. This task represents the selected signage and wayfinding features to be proposed for the Main Street corridor. The sub - consultant fee for this supplemental service task is an estimate only. Upon identification of the proposed theme, Kimley -Horn will contract with a signage and wayfinding consultant and obtain a representative fee to perform the work f 4t 3. Survey 3.1. Up to an additional four (4) survey trips to obtain QL -A /B survey as listed in SUP 1 3.2. Data processing and tie QL -A /B into QL -C /D utility survey 3.3. Sub - consultant management and coordination 4. TDLR Registration, Review and Inspection 4.1. Coordination and sub - contract management 4.2. Registration, Review and Final Inspection ASSUMPTIONS The following tasks document assumptions made by Kimley -Horn for development of this scope and fee proposal: 1. Project limits along Main Street range from Curtiss Avenue to Schertz Pkwy 2. Seven (7) month design schedule anticipated 3. Up to two (2) conceptual layouts will be developed and presented to City 4. City will select preferred option at conclusion of planning and conceptual layout phase prior to proceeding with 90% design phase 5. Underground storm sewer design will not be required 6. Landscape /hardscape features will remain at grade (not below ground) 7. Gateway feature will be installed on each end of project 8. Utility design will be limited to three (3) locations where irrigation will be connected to existing water mains 9. Three traffic control phases and detour routes will be sufficient 10. Festoon lighting will be designed for one (1) intersection 11. Up to three (3) up lights for landscaping and signage features 12. Up to six (6) electric outlets will be provided, located at Gateways and /or landscaped areas 13. Street and pedestrian lighting will be provided by a single pole and fixture 14. Up to two (2) custom design foundation designs for light poles 15. All improvements will be contained within existing right -of -way (ROW) 16. All permit fees will be paid by the City 17. Partial TxDOT ROW will be impacted and a UIR will be developed and submitted. No temporary construction driveways will be required on TxDOT roadways 18. Improvements will remain outside of Union Pacific Railroad (UPRR) ROW 19. One round of combined City comments will be addressed at each design milestone 20. City will utilize Request for Competitive Sealed Proposals (RFCSP) Bid Format 21. Six (6) month construction schedule anticipated 22. If TDLR inspection is required, this task assumes no variances Kimley)>>Horn Page 9 9 EXCLUSIONS The following services are excluded from the basic scope of this project, but can be completed by Kimley - Horn upon execution of an additional service should the City request it: 1. Street reprofiling for full reconstruction and cross sections 2. Utility relocation other than what is specified in the basic scope of services 3. Drainage design services a. Kimley -Horn will evaluate options to maintain streetflow drainage at intersections where bulb outs are installed b. An underground storm drain system is not located along the complete Main Street corridor, other than a cross drainage pipe at the Pfeil street intersection that outfalls to TxDOT SH 78 and a single pipe between Pfeil Street and Schertz Pkwy. Designing improvements that require connections to underground drainage would require the installation of a complete underground network. Additionally, this area is within the 100 - year floodplain and has a substantial contributing watershed, therefore 2- dimensional modeling would be required to adequately size any proposed storm drain improvements 4. Land acquisitions services 5. Environmental and hazardous materials review 6. Design for special or decorative retaining wall. If retaining walls are required, it is assumed a standard concrete retaining wall less than 3 -foot in height will be sufficient 7. Design of fountains, pools, or other special features 8. Additional round of comments to what is specified under Assumptions 9. Milestones in addition to what is proposed for this project 10. Any other services not listed in the basic services SCHEDULE Kimley -Horn estimates a total design schedule of seven (7) months for this project. Delays in obtaining information from utility providers and the selected placemaking theme from the City could impact the proposed schedule and submission of final deliverables. Kimley -Horn will develop a detailed design schedule to include all scope of services upon execution of this task order assignment. FEE AND BILLING Consultant will perform the above outlined basic scope of services, including reimbursable project expenses and sub - consultant services, for a lump sum fee of $507,025. Supplemental sub - consultant services were identified based on our understanding of the project, and an amount of $129,060 has been included in this scope and fee proposal to support the proposed design. The total fee for basic and supplemental services reflective of the scope of services presented within this proposal is a not to exceed amount of $636,085. Should additional services be required, Kimley -Horn will coordinate with necessary sub - consultants to obtain a proposal for submittal to the City and will begin work upon formal authorization to proceed. The task and fee summary below provides a breakdown of the basic and supplemental services, and can be further referenced in the project work plan included as Attachment A. f 4t Task Description of Service Amount Basis of Compensation BASIC SERVICES 1 Project Management $ 49,470.00 [ Lump Sum ] 2 Topographic Survey $ 35,240.00 [ Lump Sum ] 3 Geotechnical Investigaton and Report Preparation $ 16,320.00 [ Lump Sum ] 4 Planning and Conceptual Layouts $ 106,010.00 [ Lump Sum ] 5 90% Design $ 201,870.00 [ Lump Sum ] 6 Final Design $ 41,560.00 [ Lump Sum ] 7 Procurement $ 11,805.00 [ Lump Sum ] 8 Construction Phase $ 36,270.00 [ Lump Sum ] 9 Record Drawings and Project Closeout $ 6,680.00 [ Lump Sum ] 10 Reimbursable Project Expenses $ 1,800.00 [ Lump Sum ] Total Compensation (BASIC SERVICES) $ 507,025.00 [ Lump Sum ] SUPPLEMENTAL SERVICES S -1 Subsurface Utility Engineering $ 84,720.00 [ Lump Sum ] S -2 Signage and Wayfinding $ 26,730.00 [ Lump Sum ] S -3 Topographic Survey $ 12,360.00 [ Lump Sum ] S -4 1TDLR 1 $ 5,250.00 [ Lump Sum ] Total Compensation (SUPPLEMENTAL SERVICES) $ 129,060.00 [ Lump Sum ] Total Compensation (BASIC + SUPPLEMENTAL SERVICES) $ 636,085.00 [ Lump Sum ] Kimley -Horn will submit monthly progress invoices to Client in accordance with terms and conditions of executed professional services contract. We appreciate the opportunity to be of service to the City and look forward to successfully completing this project. Please don't hesitate to contact me at stephen.aniol@kimley-horn.com or (210) 321 -3404 should you have any questions on the proposed scope and fee. Sincerely, KIMLEY -HORN AND ASSOCIATES, INC. TBPE# 928 f � 3 By: Stephen J. Aniol, P.E. Senior Project Manager f 4t Attachments 1— Project Work Plan 2 — Project Limits 3 — Geotechincal Engineering Proposal (Terracon) 4 —SUE Sub - Consultant Proposal (The Rios Group) CITY OFSCHERTZ iiv _ p®yyp��Rplr qg �p Fee /Price Proposal Breakdown for Professional Services Work Plan - 1 of 3 CITY OFSCHERTZ i�v _ p®yyp��Rplr qg �p Fee /Price Proposal Breakdown for Professional Services Work Plan - 2 of 3 CITY OFSCHERTZ i�v _ p®yyp��Rplr qg �p Fee /Price Proposal Breakdown for Professional Services Work Plan - 3 of 3 m 0 c m a r rn 1 m 0 c w J m a z z W IL N m 0 J a c 0 f N m 0 a E T O L N m O CL D N C O f n N n m N CD N Q W Y N / m Z X W Cl Q U / 6, L m a � v m ri m m N m n tD CD T O 3 O N O N r Z N N n Y W LI; ~ J C] LL m 0 c m a r rn 1 m 0 c w J m a z z w IL N m 0 J a m w c 0 f N m 0 a E T O L N m O CL D N C O f n N n m N CD N Q W Y N / m Z X W Cl Q U / 6, L m CD J M �7 Lo cr M m N N m n tD CD T O 3 O N O N r Z N N n Y W LI; ~ J C] LL m 0 c m a r rn 1 m 0 c w J m a z z w IL N m 0 J a m w c 0 f N m 0 a E T O L N m O CL D N C O f n N n m N CD N Q W Y N / m Z X W Cl Q U / 6, L m f � CL c v LO v m ri m o^ N m n tD CD T O 3 O N O N r Z N N n Y W LI; ~ J C] LL m 0 c m a r rn 1 m 0 c w J m a z z w IL N m 0 J a m w c 0 f N m 0 a E T O L N m O CL D N C O f n N n m N CD N Q W Y N / m Z X W Cl Q U / 6, L m a � v � v m ri m m N m n tD CD T O 3 O N O N r Z N N n Y W LI; ~ J C] LL July 29, 2021 Kimley -Horn 601 NW Loop 410, Suite 350 San Antonio, TX 78216 Attn: Mr. Stephen J. Aniol, P.E. D: (210) 321 -3404 M: (210) 612 -0546 E: Stephen.Aniol@kimley-horn.com Re: Revised Proposal for Geotechnical Engineering Services Proposed Main Street Revitalization Along Main Street between Curtiss Ave and Schertz Pkwy City of Schertz, Texas Terracon Proposal No. P90215160R Dear Mr. Aniol: I rerrac-on We appreciate the opportunity to submit this Revised Proposal to Kimley -Horn to provide Geotechnical Engineering services for the above referenced project. We understand that we have been selected to provide these services for this publicly funded project. Therefore, providing cost information is in compliance with the Texas Professional Services Procurement Act. The following are exhibits to the attached Agreement for Services. Exhibit A Project Understanding Exhibit B Scope of Services Exhibit C Compensation and Project Schedule Exhibit D Site Location and Nearby Geotechnical Data Exhibit E Anticipated Exploration Plan Our base fee to perform the scope of services described in this Revised Proposal is in Exhibit C. Terracon and Kimley -Horn have a Master Service Agreement for in place (dated March 22, 2016). The proposed Scope of Services may be authorized by a Purchase Order referencing the existing Master Services Agreement. Services will be initiated upon acceptance of PO and receipt of authorization with written notice to proceed (including e- mail). The terms, conditions and limitations stated in the Master Services Agreement, including sections of this Revised Proposal incorporated therein, shall constitute the exclusive terms and conditions and services to be performed for this project. Sincerely, Terracon I , Inc. (Firm Registration: TX F3272) Revised Proposal for Geotechnical Engineering Services Proposed Main Street Revitalization n City of Schertz, Texas Irerracon July 29, 2021 a Terracon Proposal No. P9021516OR EXHIBIT A - PROJECT UNDERSTANDING Our scope of services is based on our understanding of the project as described by the client and the expected subsurface conditions as described below. We have not visited the project site to confirm the information provided. Aspects of the project, undefined or assumed, are highlighted as shown below. We request the design team verify this information prior to our initiation of field exploration activities. Site Location and Anticipated Conditions Planned Construction Information Provided Client has provided us a site plan via an email dated June 14, 2021. Additional information was provided on July 27, 2021. Project will include construction of gateways at two locations. The pavement Proposed Structure at the intersection of Curtiss Ave and Main Street may be designed as TxDOT roadway. . .. ....... . . .. . ....... .... . ........................... . . . . . . . . ......................................................................................................................................................................... . .... Foundations The structures may be supported on either shallow spread footing or drilled pier foundation system. Pavements The pavements at the two boring locations may be reconstructed for new traffic load. The traffic load has not been finalized yet. Responsive a Resourceful w Reliable EXHIBIT A - PROJECT UNDERSTANUNG I of I Field Exploration Based on the client suggestions and our experience with the project site and proposed development, the following boring field exploration is planned: 1 boring 25 1 Near Curtiss Ave 1 boring 25 j Near Schertz Pkwy 1 coring - -- Near Curtiss Ave 'I, Below ground surface ,_. If rock is encountered at a shallower depth, the borings will be terminated drilling 10 feet into the rock or above mentioned depth whichever is shallower 3, TxDOT sampling will be followed for this boring. Boring Layout and Elevations: We use handheld GPS equipment to locate borings with an estimated horizontal accuracy of +/ -20 feet. Field measurements from existing site features may be utilized. If available, approximate elevations are obtained by interpolation from a site specific, surveyed topographic map. Subsurface Exploration Procedures: We advance soil borings with a truck - mounted drill rig using continuous flight augers (solid stem and /or hollow stem, as necessary, depending on soil conditions). Four samples are obtained in the upper 10 feet of each boring and at intervals of 5 feet thereafter. Soil sampling is typically performed using thin -wall tube and /or split - barrel sampling procedures. In the thin - walled tube sampling procedure, a thin - walled, seamless steel tube with a sharp cutting edge is pushed hydraulically into the soil to obtain a relatively undisturbed sample. In the split barrel sampling procedure, a standard 2 -inch outer diameter split barrel sampling spoon is driven into the ground by a 140 -pound automatic hammer falling a distance of 30 inches. The number of blows required to advance the sampling spoon the last 12 inches of a normal 18 -inch penetration is recorded as the Standard Penetration Test (SPT) resistance value. The SPT resistance values, also referred to as N- values, are indicated on the boring logs at the test depths. The samples are placed in appropriate containers, taken to our soil laboratory for testing, and classified by a geotechnical engineer. In addition, we observe and record groundwater levels during drilling and sampling. Our exploration team prepares field boring logs as part of standard drilling operations including sampling depths, penetration distances, and other relevant sampling information. Field logs include visual classifications of materials encountered during drilling, and our interpretation of subsurface Responsive m Resourcefuls, Reliable E ifi fi B -SCOPE OF SERMES I of 4 Visual observation of existing pavement: The general condition /performance of the existing pavement will be evaluated with the pavement core near the intersection of Curtiss Ave and Main Street. Property Disturbance: We backfill borings with auger cuttings after completion. Pavements are patched with cold -mix asphalt and /or ready mixed concrete, as appropriate. Our services do not include repair of the site beyond backfilling our boreholes, and cold patching existing pavements. Excess auger cuttings are dispersed in the general vicinity of the borehole. Because backfill material often settles below the surface after a period, we recommend boreholes are checked periodically and backfilled, if necessary. We can provide this service, or grout the boreholes for additional fees, at your request. Laboratory Testing The samples will be tested in our laboratory to determine physical engineering characteristics. Testing will be performed under the direction of a geotechnical engineer and will include: Moisture Content Test. Gradation Tests or Percent Finer than the No. 200 Mesh (75 -pm) Sieve. Atterberg Limits. Soluble Sulfate Tests. Unconfined Compressive Strength Tests In addition, one representative bulk samples will be collected from each boring location (total 2 sets of tests) and will be tested for the following: pH lime series tests. PI lime series tests. Moisture density relationship (ASTM D698). California Bearing Ratio (CBR). Safety Terracon is currently not aware of environmental concerns at this project site that would create health or safety hazards associated with our exploration program; thus, our scope considers standard OSHA Level D Personal Protection Equipment (PPE) appropriate. Our scope of services does not include environmental site assessment services, but identification of unusual or unnatural materials encountered while drilling will be noted on our logs and discussed in our report. Responsive s Resourceful s Reli ble EXHIBIT B - SCOPE OF SERMES 2 of 4 Private utilities should be marked by the owner /client prior to commencement of field exploration. Terracon will not be responsible for damage to private utilities that are not made aware to us. If the owner /client is not able to accurately locate private utilities, Terracon can assist the owner /client by coordinating or subcontracting with a private utility locating services. Fees associated with the additional services are not included in our current scope of services and will be forwarded to our client for approval prior to initiating. The detection of underground utilities is dependent upon the composition and construction of the utility line; some utilities are comprised of non - electrically conductive materials and may not be readily detected. The use of a private utility locate service would not relieve the owner of their responsibilities in identifying private underground utilities. Site Access: Terracon must be granted access to the site by the property owner. By acceptance of this Revised Proposal, without information to the contrary, we consider this as authorization to access the property for conducting field exploration in accordance with the scope of services. Permitting and Traffic Control: We understand the Terracon will need to obtain a City and TxDOT permit to allow work city street. Terracon will provide traffic control. We understand, we will be provided a City point of contact to obtain City permit. Engineering and Project Delivery Results of our field and laboratory programs are evaluated by a professional engineer. The engineer develops a geotechnical site characterization, performs the engineering calculations necessary to evaluate foundation alternatives, and develops appropriate geotechnical engineering design criteria for earth- related phases of the project. The final geotechnical engineering report provides the following: Boring logs with field and laboratory data Stratification based on visual soil (and rock) classification Groundwater levels observed during and after completion drilling Site and Boring location plans Subsurface exploration procedures Description of subsurface conditions Recommended for shallow and deep foundation and engineering design parameters Seismic site classification based on 2018 IBC Responsive m Resourcefuls Reliable EXHU B - SCOPE OF SERMES 3 of 4 Revised Proposal for Geotechnical Engineering Services Proposed Main Street Revitalization a City of Schertz, Texas Irerracon July 29, 2021 a Terracon Proposal No. P90215160R A 10T _ (ete Subgrade preparation /earthwork recommendations Existing pavement section at the core location Options for asphalt and concrete pavement thickness recommendations for the proposed roadway based on the provided traffic loading. TxDOT procedure will be used in the pavement design at the intersection of Curtiss Ave and Main Street. New pavement may be designed by matching the existing TxDOT pavement section. Additional Services In addition to basic services noted above, the following services are often associated with geotechnical engineering services. Fees for basic services noted above do not include the following: Review of Plans and Specifications: Our geotechnical report and associated verbal and written communications will be used by others in the design team to develop plans and specifications for construction. Review of the project plans and specifications is a vital part of our geotechnical engineering services. This consists of review of project plans and specifications related to site preparation, foundation construction. Our review includes a written statement, which conveys our opinions, related to the plans and specifications' consistency with our geotechnical engineering recommendations. Observation and Testing of Pertinent Construction Materials: Development of our geotechnical engineering recommendations and report relies on an interpretation of soil conditions. This is based on widely spaced exploration locations, and assuming construction methods will be performed in a manner sufficient to meet our expectations, and is consistent with recommendations made at the time the geotechnical engineering report is issued. We should be retained to conduct construction observations, and perform /document associated materials testing, for site preparation, foundation, and pavement construction. This allows a more comprehensive understanding of subsurface conditions and necessary documentation of construction, to confirm and /or modify (when necessary) the assumptions and recommendations made by our engineers. Perform Environmental Assessments: Our scope for this project does not include, either specifically or by implication, an environmental assessment of the site intended to identify or quantify potential site contaminants. If the client/owner is concerned about potential for such conditions and /or contamination, an environmental site assessment should be conducted. We can provide a proposal for an environmental assessment, if desired. Responsive z Resourceful s Reliable f: flllfl B - SCOPE OF t"W 4 of Revised Proposal for Geoteohninm|Engineering Services Proposed Main Street Revitalization n City ufSohortz.Texas Irerracon July 20.2021aTenaoon Proposal No. P0021G1G0R EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE Compensation Based UpOO our UOde[S[@OdiDg of the site, the project GS SUO0rD@[izgd in Exhibit A. and our planned scope of services outlined in Exhibit B, our base fee is shown in the following table: Subsurface Exploration, Laboratory Testing, Traffic Control, GootoohnimdConeultino&RoPortino Additional services not part of the base fee include the following: Plans and Specifications Review Construction Materials Testing Services Our scope of services does not include services associated with site deahng, wet ground conditiona, tree or shrub c|eohng, or nepairof/dannage to existing landscape. If such services are desired by the owner/client, we should be notified so we can adjust our scope of services. Unless instructed otherwise, vve will submit our i UJ the address shown Sk the beginning of this revised pnOp08G|. If conditions are encountered that require SC0p8 of services revisions and/or neSU|t in higher fees, we will COOt8Ct you for Gpp[OVG|, prior to iOiU8UOg S8rViC8S. /\ supplemental proposal stating the modified scope of services as well as its effect on our fee will be prepared. We will not proceed without your authorization, as evidenced by your signature on the Supplemental Agreement for Services form. Responsive a Resourceful m Reliable EXH|M0[C^COMPENSSA'rm AND PROJECT SCHEDULE Icf 2 Revised Proposal for Geotechnical Engineering Services Proposed Main Street Revitalization a City of Schertz, Texas Irerracon July 29, 2021 a Terracon Proposal No. P9021516OR Project Schedule We developed a schedule to complete the scope of services based upon our existing availability and understanding of your project schedule. However, this does not account for delays in field exploration beyond our control, such as weather conditions, permit delays, or lack of permission to access the boring locations. In the event the schedule provided is inconsistent with your needs, please contact us so we may consider alternatives. Project Planning Site Characterization Geotechnical Engineering 5 days 15 days 24 days `j . Upon receipt of your notice to proceed and completion of private utility locate we will activate the schedule component with specific, anticipated calendar dates for the three delivery points noted above as well as other pertinent events such as field exploration crews on -site, etc. 2, We will maintain a current calendar of activities. In the event of a need to modify the schedule, the schedule will be updated to maintain a current awareness of our plans for delivery. Responsive w Resourceful m Reliable EXHIMT C - COMPENSATION AND PROJECT SCHEDULE 2 of 2 EXHIBIT D - SITE LOCATION and NEARBY GEOTECHNICAL DATA Proposed Main Street Revitalization w City of Schertz, Texas Irerracon July 29, 2021 w Terracon Proposal No. P9021516OR EXHIBIT E - ANTICIPATED EXPLORATION PLAN Proposed Main Street Revitalization m City of Schertz, Texas 1rerracon July 29, 2021 m Terracon Proposal No. P9021516OR A T:T:A:(-,:H �:::E _��7T - Geotech E �3 Irerracon Fee Breakdown for Geotechnical Study Proposed Main Street Revitalization Schertz, Texas Proposal No. P9021516OR Geotechnical Borings Quantity Unit Rate Subtotal City Permit & Traffic Control 1 each $1,500.00 $1,500.00 Drill Rig and Crew Mob /Demob 1 each $350.00 $350.00 Drilling and Sampling - Soil 50 ft $17.00 $850.00 Senior Technician (Drilling & Utility Coordination) 12 hour $75.00 $900.00 Vehicle Charge 2 each $100.00 $200.00 TxDOT Pavement Core 1 each $750.00 $750.00 $4,550.00 Laboratory Testing Quantity Unit Rate Subtotal Water Content 16 each $10.00 $160.00 Liquid and Plastic Limits (3 points) 8 each $95.00 $760.00 Sieve Analysis (No. 200) 6 each $50.00 $300.00 Density of Undisturbed Samples - Soil 4 each $15.00 $60.00 Unconfined Compression - Soil 4 each $60.00 $240.00 Pocket Penetrometer 8 each $5.00 $40.00 Soluble Sulfates (TEX- 145 -E) 3 each $30.00 $90.00 Maximum Density Relations (proctors) 2 each $225.00 $450.00 CBR, Three Point 2 each $150.00 $300.00 Lime modification optimum (using pH) 2 each $85.00 $170.00 Soil -lime mixture design (using plasticity index) 2 each $250.00 $500.00 $3,070.00 Professional Services and Meetings (Two meetings) Quantity Unit Rate Subtotal Project Principal 5 hour $200.00 $1,000.00 Project Manager 16 hour $150.00 $2,400.00 Staff Engineer 8 hour $120.00 $960.00 Clerical 2 hour $60.00 $120.00 • •:1 11 Total Estimated Fee $12,100.00 ti THE Rios GRoup RE: Subsurface Utility Engineering City of Schertz — Main Street Revitalization Dear Mr. Aniol: The Rios Group, Inc. (TRG) is pleased to submit a cost proposal for Subsurface Utility Engineering (SUE) for the above referenced project. This proposal is based on information provided via email on June 14, 2021. Introduction TRG will perform SUE services for this project in general accordance with the recommended practices and procedures described in ASCE publication CUASCE 38 -02 "Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data." As described in the publication, four levels have been established to describe and depict the quality of subsurface utility information. The four quality levels are as follows: Quality Level D (QL "D ") — Information obtained from existing utility records. Quality Level C (QL "C ") — Surveyed data depicting visible above - ground features supplemented with QL "D" information. Quality Level B (QL`B ") — Two - dimensional horizontal information obtained through the application and interpretation of non - destructive surface geophysical methods. Also known as "designating," this level incorporates QL "C" information and provides horizontal positioning of subsurface utilities to within approximately 1.0 foot. Quality Level A (QL "A ") — Three - dimensional horizontal and vertical information obtained through non - destructive vacuum excavation equipment to expose utilities at critical points. Also known as "locating," this level incorporates QL "B" information and provides horizontal and vertical positioning of subsurface utilities to within approximately 0.05 feet. Scope of Work Based on information provided by Kimley -Horn (Client), TRG has developed a proposed scope for SUE services on this project. This scope may be modified, with Client and TRG concurrence, during the performance of work if warranted by changing or unexpected field conditions. 1740 Universal City Boulevard, Suite 200 1 Universal City, Texas 78148 1 Phone: 210.981.3050 City of Schertz — Main Street Revitalization June 16, 2021 Page 2 of 4 The Base Scope of this proposal is to provide up to thirty -five (35) QL "A" test holes all located within the limits of the City of Schertz — Main Street Revitalization — Schertz, Texas. To layout the test hole locations, TRG will perform QL "B" SUE designating in accordance with the QL `B " — Designating procedures described below. TRG will attempt to designate the requested utility for 10 feet on each side of the test hole locations. It is assumed that all test hole locations will fall within the limits identified in red as shown on Exhibit B to this proposal. It is also assumed that all test hole locations will be selected by the client and provided to TRG prior to mobilization. Supplemental Services: As supplemental services, the client has requested TRG to provide an estimated fee for additional QL "B" SUE Services. If required, this supplemental fee estimate includes up to four (4) days of QL "B" SUE Services. It is assumed that the Supplemental QL "B" SUE will fall within the limits identified in red as shown on Exhibit B to this proposal. The survey of QL `B" and QL "A" SUE information is not included in this scope of work. It is assumed that the Client will provide survey of TRG's paint marks, pin flags and test hole monuments. Any necessary Right -of -Entry (ROE) permits, including railroad ROE, will be provided by the Client prior to the start of TRG field work. TRG Procedures QL "D " and "C" — Records Research and Surface Feature Survey It is the responsibility of the SUE provider to perform due - diligence with regard to records research and the acquisition of available utility records. The due - diligence provided for this project will consist of contacting the applicable One Call agency and associated utility owners /municipalities, visually inspecting the work area for evidence of utilities, and reviewing available utility record information. Additional utilities not identified through these efforts will be referred to as Unknown utilities. QL `B " — Designating Following a review of the project scope and available utility records with the project manager, TRG field personnel will begin designating the approximate horizontal position of known subsurface utilities within the project area. A suite of geophysical equipment that includes magnetic and electromagnetic induction will be used to designate conductive utilities. Where access is available, a sonde will be inserted into non - conductive utilities to provide a medium for transmission which can then be designated using geophysical equipment. Non - conductive utilities can also be designated using other proven methods, such as rodding and probing. TRG will make a reasonable attempt to designate Unknown utilities identified during field work; however, no guarantee is made that all Unknown utilities will be designated. Utilities will be marked and labeled to distinguish type and ownership. Field data depicting the designated utilities, as well as relevant surface features, will be produced to ensure accuracy and completeness of subsequent survey data. The TRG project manager will review the collected survey data, field data, and utility records for accuracy and completeness. 1.740 Universal City Boulevard, Suite 200 1 Universal City, Texas 78148 1 Phone: 210.981.3050 i, s'(,, a °1°we t;tllitv Enginee hip,, I 1 Alit ' CoordinMiium City of Schertz — Main Street Revitalization June 16, 2021 Page 3 of 4 QL "A " — Locating TRG will utilize non - destructive vacuum excavation equipment to excavate test holes at the requested locations. To layout the test holes, TRG will follow the QL `B " — Designating procedures described above. Once each utility is located, TRG will record the size, type, material, and depth. Test holes will be uniquely marked. Excavations will be backfilled by mechanical means with the appropriate material, and the original surface will be restored. If necessary, TRG can core pavement up to a depth of 1.2 inches. Asphalt surfaces will be repaired with an asphalt cold patch, and concrete cores will be epoxied in place, flush with the surrounding surface. TRG assumes that flowable fill will not be required when backfilling test holes and that full- section pavement repair (including sidewalks) will not be required to restore the original pavement surface. If requested, these services can be provided at an additional cost. TRG will establish any necessary routine traffic control measures at no additional cost. However, if non - routine traffic control measures (lane closures, traffic detours, flagpersons, etc.) are required, this service will be invoiced as a direct expense. Due to the risk of damage, TRG will not attempt to probe or excavate test holes on AC water lines unless approval is obtained from the owner in advance. Additionally, excavation in rock, or to a depth greater than 1.8 feet, is considered beyond the scope of this proposal. TRG has made the following assumptions with regard to the test holes on this project: All test holes will be accessible to truck- mounted vacuum excavation equipment. Right -Of -Way (ROW) permits from the Texas Department of Transportation (TXDOT) and City of Schertz may be required. TRG will obtain all required permits and ensure that coordination and compliance is provided. Designed traffic control plans will not be required. Non - routine traffic control measures will be required depending on test hole locations. TRG will acquire the services of a qualified Maintenance -Of- Traffic (MOT) Subcontractor and ensure that adequate traffic control is provided. The coring of pavement may be required. DplivPrahlPc TRG will provide the following as a final deliverable to the Client: A utility file in CAD format depicting all designated and located utilities. The Client will provide TRG with any necessary background files for use in completing the final deliverables. A summary sheet of all test hole coordinate data and depth information. 8.5" x 11" Test Hole Data Forms for all test hole locations completed. These plans will be signed and sealed by a Professional. Engineer and delivered to the Client in electronic :PDF form. 1740 Universal City Boulevard, Suite 200 1 Universal City, Texas 78148 1 Phone: 210.981.3050 City of Schertz — Main Street Revitalization June 16, 2021 Page 4 of 4 Schedule TRG can mobilize within three (3) weeks of receiving Notice -To- Proceed (NTP). TRG estimates that the Base Scope of work can be completed in thirty -one (3 1) working days, broken down as follows: QL`B" field work — 2 days Layout test holes — 4 days QL "A" field work —15 days (after permit approval) QL "A" deliverable preparation —10 days (after receipt of survey data) TRG estimates that the Supplemental Services Scope of work can be completed in eleven (11) working days, broken down as follows: QL "B" field work — 4 days QL "A" deliverable preparation — 7 days (after receipt of survey data) Estimated Fee The total estimated cost to complete the base scope of work described herein is Sixty -One Thousand Six Hundred Fifty Dollars and 00 /100 ($61,650.00). An itemized breakdown of cost is provided in Exhibit A- 1. The total estimated cost to complete the supplemental service scope of work described herein is Eleven Thousand Nine Hundred Fifty Dollars and 00 /100 ($11,950.00). An itemized breakdown of cost is provided in Exhibit A -2. Please note that these pricings are based on an assumption of quantities, and that only actual quantities will be invoiced — up to the total. Contract amount. We look forward to working with you on this project. If there are any questions, please do not hesitate to call at 21.0.981.3050. Respectfully, The Rios Group, Inc. T tua Thomas W. Franke III Branch Manager 1.740 Universal City Boulevard, Suite 200 1 Universal City, Texas 781.48 1 Phone: 210.981.3050 E1',1',11THI TITt g i I flit, ..te�el'l hl lflMill oe THERit-,)iiGP,ouP Estimate for Subsurface Utility Engineering Main Street - Base Scope Sc h er tz, TX 1740 Universal City Boulevard, Suite 200 1 Universal City, Texas 78148 1 Phone: 210.981.3050 Subsuffa ce Utility Enghneerhrig � Utility Coordinaflon Assumed Unit of Direct Expenses Rate Sub-Total Quantity Measure ROW Permit Acquisition $ 500.00 1 LS $ 500.00 Traffic Control (Standard)* $ 350.00 10 DAY $ 3,500.00 Traffic Control (intersection)* $ 1,500.00 4 DAY $ 6,000.00 Flowable Backfill $ 270.00 5 EA $ 1,350.00 Deliverable Preparation $ 4,500.00 1 LS $ 4,500.00 Sub-Total $ 1S 850.00 * Depends on TH Locations Assumed Unit of QIL"B" SUE Designating Rate Sub-Total Quantity Measure QL"B" SUE (2-Man) $ 255.00 20 HR $ 5,100.00 Test Hole Layout $ 155.00 40 HR $ 6,200.00 Sub-Total $ 11,300.00 QL"A" SUE Test Holes Assumed Unit of Unit Rate - Depth Rate Sub-Total Quantity Measure 0 - 4 feet $ 850.00 25 EA $ 21,250.00 4 - 8 feet $ 1,150.00 10 EA $ 11,500.00 8 -'12 feet $ 1,450.00 EA $ - 12 -18 feet $ 2,300.00 EA $ - Pavement Coring $ 350.00 5 EA $ 1,750.00 Test Hole Total 35 Sub-Total 34,500.00 Total Estimated Cost 61,650.00 1740 Universal City Boulevard, Suite 200 1 Universal City, Texas 78148 1 Phone: 210.981.3050 Subsuffa ce Utility Enghneerhrig � Utility Coordinaflon Oe THERii'-,)sGP,ouP Estimate for Subsurface Utility Engineering Main Street - SupplemenIal Schertz, TX Direct Expenses Rate Assumed Quantity Unit of Measure Sub-Total Deliverable Preparation 1,750.00 1 LS 1,750.00 Sub-Total $ 1,750.00 QL"B" SUE Designating Rate Assumed Quantity Unit of Measure Sub-Total QL"B" SUE (2-Man) $ 255.00 40 HR $ 10,200.00 Sub-Total 10,200.0 Total Estimated Cost 11,950.00 1740 Universal City Boulevard, Suite 200 1 Universal City, Texas 78148 1 Phone: 210.981.3050 Subsuffa ce UtilityEnghneerhrig � Utifity Coordination ei Olum City Council September 7, 2021 Meeting: Department: Public Works Agenda No. 8. Subject: Resolution No. 21 -R -95 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing an extension to the Management Services Agreement between the City of Schertz and the Cibolo Valley Local Government Corporation (CVLGC) for Management Services and other matters in connection therewith. (C. Kelm/ S. Williams/ S. McClelland) On July 22, 2021, the Cibolo Valley Local Government Corporation (CVLGC) approved an extension to the Management Services Agreement with the City of Schertz for an additional three year term. In 2020, to support the CVLGC, the City of Schertz and CVLGC developed a Management Services Agreement that will allow for City of Schertz to provide Purchasing, IT, and other business related support to CVLGC that would be reimbursed on an actual expense basis by tracking hours /salary. The agreement would continue to include the original agreement and the first amendment to the agreement as provided in the attached agreement document. Services provided under this Management Service Agreement are subject to oversight by the CVLGC Board, CVLGC Executive Director, and City Management. Term of the agreement is October 1, 2021 through September 30, 2024 with the option to renew upon . mutual agreement. GOAL The first year of the Management Services Agreement was successful in accomplishing the goals laid out for the agreement to increase efficiency for CVLGC, ensure compliance with State and Local Law, and ultimately ensure CVLGC costs are kept as low as possible. Staff expects these goals to continue to be met with this extension. COMMUNITY BENEFIT By ensuring CVLGC maintains compliance with state /local law Schertz is helping to control costs which would impact tax rates and fees passed along to Schertz Residents. SUMMARY OF RECOMMENDED ACTION Staff recommends Council approve Resolution 21 -R -95. FISCAL IMPACT The Management Services agreement is a reimbursement agreement with no direct cost to the City of Schertz. Staff recommends Council approve Resolution No. 21 -R -95. Attachments 21 -R -95 20 -R -62 20 -R -87 CVLGC2021 -04 RESOLUTION NO. 21 -R -95 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN EXTENSION TO THE MANAGEMENT SERVICES AGREEMENT BETWEEN THE CITY OF SCHERTZ AND THE CIBOLO VALLEY LOCAL GOVERNMENT COPORATION ( CVLGC ) FOR MANAGEMENT SERVICES AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") entered into a Management Services Agreement ( "MSA ") with CVLGC for Management Services June 9, 2020; and WHEREAS, the Management Services Agreement would include Purchasing activities, Information Technology activities, and grant access to City Contracts; and WHEREAS, the First Amendment to the Management Services Agreement between the city of Schertz and the CVLGC was approved on August 4, 2020 and provides for the provision of such services to CVLGC: and WHEREAS, Chapter 791 of the Texas Government Code, as amended, titled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performance of governmental functions and services; and WHEREAS, the City Council has determined that it is in the best interest of the City to extend the Management Services Agreement with CVLGC for Management Services for three years to September 30, 2024 in accordance with the previous agreement and amendment. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver an extension to the Management Services Agreement with CVLGC. 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 7th day of September 2021. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor Brenda Dennis, City Secretary (CITY SEAL) WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City enter into a Master Services Agreement ("MSA") with CVLGC for Management Services; and WHEREAS, Management Services would include Purchasing activities, Information Technolol!-V activities, and grant access to City Contracts; and WHEREAS, Chapter 791 of the Texas Government Code, as amended, titled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performanc* of governmental functions and services; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement with CVLGC for Management Services attached hereto as Exhibit A (the "Agreement"). Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with CVLGC. 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. Raj qJutiez,Mayor ATTEST: da Dennis, City Secretary U : t : / Mr"" ml Resolution . 0,0 AGREEMENT .: SERVICES BETWEEN THE CITY OF SCHERTZ 1 THE CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION THIS AGREEMENT, executed the UP day of AAprf ,2020 by and between the City of 1, corporation, • by and through its City Manager, r Guadalupe County, Texas (hereinafter referred to as "Schertz"), and the Cibolo Valley Local Government Corporation (hereinafter referred to as "CVLGC") acting by and through its Executive Director r r That Schertz agrees to provide services to CVLGC according to the terms of this Agreement. For the purpose of this Agreement, the CVLGC Executive Director shall be charged with the responsibility of carrying out C GC's operations and programs as adopted by the CVLGC Board of Directors ( "CVLGC Board "). 1. Provide support services to the CVLGC Executive Director related to purchasing activities in accordance with purchasing laws and regulations. 2. Assist the CVLGC Executive Director in the management of the CVLGC Purchasing Policy and purchasing activities including but not limited to assisting with Requests for Proposals and Requests for Qualifications. The services provided by Schertz under this agreement are sub)ect to oversight and direction by the CVLGC Board and the CVLGC Executive Director. Schertz reserves the right through this agreement to utilize the City of Schertz Owner's Representative for duties performed under this agreement. In performing its duties under this agreement, Schettz shall act for the benefit of CVLGC 1 not for i' r CVLGC Board or Executive Director will have the tight durmig normal business hours, upon three business days' prior written notice, to audit, or r • - any or • • of related to the performance of duties r To compensate Schertz for the costs to perform the services described in this Agreement, CVLGC will reimburse Schertz the actual expenditures incurred. Schertz will submit invoices for • •,'f'i to CVLGC on , quarterly basis. Payment from CVLGC will be due to Schertz within 60 days after receipt of the invoice. am In the event of the termination of this agreement, the CVLGC will beresponsible for paying �,chertz only the portion of the costs 'incurred for the period prior to the effective date of termination. Sub)ect to early termination as provided in this agreement, this' aZeement shall be 'in effect for the period commencm'g,-,.Z'b �Am 2020 and ending 3 , 2021 unless F116MEOL otherwise renewed or extended at the discretion of both parties. To the extent permitted by law, C'\TLGC shall defend, midemnify and hold harmless Schertz from and against claims, demands, actions, )udgments, and liability asserted by any person other than CVLGC arising out of the performance by Schettz of its services on behalf of, and as agent of, CVLGC under this A 1-�g such claims demand,-,�n�*ul ents. and habilitTj arising • out of ,gxeement-. excqLanaa on . - i 9111 the willful misconduct or gross negligence of Schertz. This contract may be terminated by Schertz or CVLGC, in whole, or from time to time in part, upon ninety (90) day notice from the terminating party to the other party. Termination shall be ninety (90) days after delivery of Notice of Termination specifying to what extent performance • work under the contract shall • terminated nmiety (90) days after receipt by the notified party. 2. After receipt of a Notice of Termination Schertz shall: a. Stop work on the date as specified in the ninety (90) day Notice of Tern miation to This Agreement shall take effect on the day of Apty 2020 IN WITNESS WHEREOF, the parties have executed this Contract in the year and on the day indicated. ,01 Ibis] 1143m,141 1111we 11014KIN GOVERNMENT CORPORATION s n M urray, siddent Date PTOW CITY OF SCHERTZ, TEXkSj Mark Browne, City Manager (,I IVA U,) — 1 — Date owl WHEREAS, the Cibolo Valley Local Government Corporation (CVLGC) requests to enter into the Management Services Agreement with the City of Schertz be i * g -2-lb—A 91`111111 MAY 2020 through -&) -SEF(WEWL, 2021; WHEREAS, the Agreement for Management Services between the City of Schertz and the CVLGC attached hereto and micorporated herein for all purposes represents the proposed Agreement between the parties; ��ii lill I F � J � F • 1111i' 1. The CVLGC hereby approves the Management Services Agreement between CVLGC and the City of Schertz beginning -22? MIWIIII:1-11111111.1111--� 2020 and ending '30 � , 2021 unless otherwise renewed or extended at the discretion of both Cibolo Valley Local Government Corporation and the City of Schertz. Lesley Pedde, Secretary No Amber Beard, Assistant Secretary I HUM I IYAU tin Miurrray, Presid&lt �JGNF'D ORIGINAL(,3)� I WHEREAS, the City of Schertz (the "City") entered into a Management Services Agreement ("MSA") with CVLGC for Management Services June 9,2020; and WHEREAS, the Management Services Agreement would include Purchasing activities, Information Technology activities, and grant access to City Contracts; and W - - - i '! i MUNIFORINNO aNTUROMOLVA.M40054 WHEREAS, Chapter 791 of the Texas Government Code, as amended, titled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the performance of governmental fimctions and services; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the First Amendment to the Management Services Agreement with CVLGC for Management Services attached hereto as Exhibit A (the "Agreement"). il!l 1 i 1 1 11 Ili I, ii� I I 1 1115 1111 1 51 11 111ii, NO.M."ll Section 1. The City Council hereby authorizes the City Manager to execute and deliver the First Amendment to the Management Services Agreement with CVLGC. 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. pjlvvl IT# m ff • M =M M4 ATTEST: a Dennis, City Secretary w THIS First Amendment to Agreement for Management Services CFirst Amendmene) executed the day of _ -:�� by and between the City of Schertz, a municipal corporation, acting by and throug�h its City Manager, situated in Guadalupe County, Texas (hereinafter referred to as "Schertz and the Cibolo Valley Local Government Corporation (hereinafter referred to as "C`VLGC") acting by and through its Board President is as follows: 03 URN J OFF, I UM Schertz and CVLGC entered into an Agreement for Management Services on or about May 28, 2020 CAgreement"). Schertz and CVLGC agree that Schertz shall provide information technology services to CVLGC and, thus, agree to execute this First Amendment. Schert2 and CVLGC agree to amend the Agreement as follows: • 11 - = RT 1-2y indicated. Justin Murray, President Mark Browne, City Manager Date From -------- ------ Date [Uf Resolution CVLGC2021 -04 A RESOLUTION AUTHORIZING AN EXTENSION TO THE MANAGEMENT SERVICES AGREEMENT BETWEEN THE CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION AND THE CITY OF SCHERTZ WHEREAS, the Cibolo Valley Local Government Corporation ( "CVLGC ") approved the execution of a Management Services Agreement with the City of Schertz at its May 28, 2020, board meeting and was subsequently executed by all parties; WHEREAS, CVLGC approved the execution of a First Amendment to the Management Services Agreement with the City of Schertz at its July 23, 2020, board meeting and was subsequently executed by all parties; WHEREAS, it is in the best interest of CVLGC to extend the Management Services Agreement with the City of Schertz in the terms as executed by all parties for three years to September 30, 2024. NOW, THEREFORE, BE IT RESOLVED by CVLGC as follows: 1. The CVLGC hereby approves the extension to the Management Services Agreement between CVLGC and the City of Schertz. The Board President is authorized to execute an agreement that effectuates this intent. Passed and approved this the 22" Day of July, 2021. Attest: Lesley Pedde, Secretary •' Scott McClelland, Executive Director Justin Murray, President 1 OF 1 SIGNED ORIGINAL(S): 1. CITY COUNCIL MEMORANDUM City Council September 7, 2021 Meeting: Department: Finance Agenda No. 9. Subject: Ordinance No. 21 -M -40 - Consideration and /or action to approve an Ordinance by the City Council of the City of Schertz, Texas amending the City of Schertz Code of Ordinances and certain other Ordinances by amending and establishing fees for certain licenses, permits, and other services provided by the City of Schertz. First Reading (M. Browne /B. James /J. Walters) BACKGROUND City Departments collect a wide variety of fees for permits, services, fines and other charges that are all part of everyday operations of municipal government. Since September 2008, the fees have been incorporated into a single fee schedule. Ordinance 08 -M -43 established the consolidated fee schedule and allows for the modification of existing fees to be done by resolution while new fees are established or added to the Fee Schedule by ordinance. The Fee Schedule ordinance provides a single document with all City fees that directly affect the users. The changes to the fees ensure the continued operation of public utilities, provides for essential services to the community and to adequately maintain the investment in existing infrastructure. All changes to the fee schedule will have a 45 -day period before the new fees take effect. This allows staff to update and advise citizens on the upcoming changes. The recommended effective date of these fee changes will be November 1, 2021. Fees will be broken down into Adult and Child for the Daddy /Daughter and Mother /Son dances. The couple price overall will remain the same but additional adult tickets will increase by $6. Kickball entry fees will remove the per team costs but increase the individual fee. Overall effect should simplify the entry fees while still covering the City's costs. Cornhold League entry will be reduced from $40 to $25 to match staff costs. The schedule will be modified to clarify the Holidazzle parade entry fee of $1.5 is only for businesses - others are free. New Fees include Indoor Vollyball registration, New Year's Masquerade Food Vendor registration, and renting of equipment for use in the pavailion. The equipment includes spike ball, basketballs, and pickle ball nets. Fire permits will lower the Flammable or Combustable liquid tank review and permit fee from $1.50 to $25. The state has taken over review and regulation of these tanks lowering the staff time required for the permit. Fire plan review will be increased to $75 from $50 and remove the after hours upcharge, to match staff costs in reviewing plans. Inspections will remove the miscallaneous review fees included in the fee schedule. Staff has not had to charge for these in 5 years so it will not affect revenue. Water and Sewer rate changed as approved by council on July 27, 2021 will be included in the Fee Schedule. GOAL To update the Adopted Fee Schedule for FY 2021 -22. COMMUNITY BENEFIT Provide a single place for information on City fees. SUMMARY OF RECOMMENDED ACTION Staff recommends council approve the proposed changes to the fees schedule. FISCAL IMPACT The fee changes will all affect the General Fund but have a low overall fiscal impact due to the narrow scope of their estimated use but are intended as cost recovery of providing the described services. RECOMMENDATION Adopt Ordinance 21 -M -40 and updated fees for FY 2021 -22 Attachments Ordinance 21 -M -40 Exhibit A Fee Schedule W &S Fee Study i'' 1 ,� i •1 i • � -; ; - �i - i - i . . ; 110AAWFAI All I M i0 ..; # i r r •! 1 i ' LIM W, WHEREAS, the City of Schertz (the "City ") has established by ordinances and resolutions for fees for licenses, permits, and services provided by the City; and WHEREAS, the City Council has authorized a review and a consolidation of certain fees for licenses, permits, and services provided by the City; and WHEREAS, the Schedule of Fees attached as Exhibit A reflects revisions to certain fees, a restatement of certain fees not revised, and a consolidation of all such fees; and WHEREAS, due to the need for periodic modification of said fees and for the purposes of efficiency, the City Council desires to adopt future fee changes by resolution rather than by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. All persons, firms, or corporations applying for licenses or permits or receiving other City services described on Exhibit A that require the payment of a fee incident to such application or service shall pay the fees as prescribed in the Fee Schedule attached hereto as Exhibit A and made a part of hereof. It shall be a violation of this Ordinance to conduct any activity or commence any use or receive any service for which payment of a fee described herein is required until such fee has been paid (if required to be paid in advance) or to fail to pay such fee when properly billed. SECTION 2. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Schertz, Texas as to the fees set forth on Exhibit A effect on the effective date of this Ordinance, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. The City Council may, from time to time, by ordinance add to the fees set forth on Exhibit A, and the fees now or hereafter set forth on Exhibit A may be modified from time to time by resolution of the City Council. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 5. Subject to the last sentence of this Section, any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of provisions of this Ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. If any other ordinance, including the Code of Ordinances, establishes a different penalty for the failure to pay any fee on Exhibit A, the provisions of such other ordinance or the Code of Ordinances shall control with respect to such penalty. SECTION 6. All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the Code of Ordinances in effect on the effective date of this Ordinance and modified by this Ordinance or any other ordinances in effect on the effective date of this Ordinance and modified by this Ordinance and requiring the payment of fees for licenses, permits, and other services provided by the City which have accrued on the effective date of this Ordinance; and any and all accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7. This Ordinance shall be in full force and effect from and after its final passage and any publication required by law. Passed and approved on the first reading this 7th day of September 2021. PASSED AND APPROVED ON FINAL READING this 10h day of September 2021. Mayor, City of Schertz ATTEST: City Secretary, City of Schertz, Texas City of Schertz Schedule of Fees Effective November 1, 2021 City of Schertz Schedule of Fees (Summary of Changes ( 2020 -21 2021 -221 Daddy Daughter /Mother Son Dances Per Couple $ 30.00 $ - Additional Individual Ticket $ 12.00 $ - Adult $ - $ 13.00 Child (17 and render) $ - $ 12.00 Kickball Per Team $ 300.00 $ - Individual $ 20.00 $ 25.00 Late Fee Per Team $ 75.00 $ - Late Fee Per Individual $ 5.00 $ ,10.00 Cornhole League Individual $ 40.00 $ 25.00 Indoor Volleyball Individual $ - $ 25.00 Late Fee per Individual $ - $ 10.00 New years Eve Masquerade Food Vendor $ - $ 50.00 Spike ball Spike ball nets with balls $ - $ 15,00 Basketball Set of Half Dozen Basketballs $ - $ 15.00 Pickleball Pickleball Net (paddles and Balls are Included) $ - $ 40.00 Fire Permits Flammable or combustible liquid tanks, each review $ 150.00 $ 25.00 City of Schertz Schedule of Fees ISummary of Changes 1 2020-211 2021-221 Plan Review Fees, construction per hour $ 50.00 $ 75,00 SFR After Hours Plan Review Rush (per hour, 2 hour minimum) $ 65.00 $ 75M Inspections AU-ptan4eview tees -that- f-ollow-are-s° t-to-.a46%-adrnW-A ray k%fee City of Schertz Schedule of Fees Sewer Rates 1 2020-211 2021 -22 Residential Rates (Single Family) Base Rate -per month $ 13.54 $ 14.43 Per 1,000 gal Charge, Per Month Per 1,000 gal charge Total- 12,000 gallons or less greater than 12,000 gallons Business and Multi - family Dwelling Units: Base Rate per month The base rate shall be assessed in terms of connection equivalents which shall be as follows: the customer's previous 12 month water consumption as determined at the annual re- rating in February divided by 365, with the results of such division then divided by 245 gallons. The figure arrived at by the second division shall be the customer's "connection equivalent ". Each business shall be assessed a base rate. Per 1,000 gal Charge, Per Month Per 1,000 gal charge Total- 12,000 gallons or less greater than 12,000 gallons $ 4.46 $ 4.70 $ 10.12 $ 10.79 $ 17.03 $ "I8A5 $ 4.57 $ 4.87 $ 10.22 $ 10.89 4 City of Schertz Schedule of Fees Public Works - Water Rates Residential 1 2021 -22 GALLONS SOLD BY METER SIZE (RESIDENTIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 5/81N 0 $ 24.61 $ 104 $ 24.61 $ 104 CODE 1 6;000 $ 42.85 $ 3,40 $ 42.85 $ 0,40 12,000 $ 63.25 $ 3.08 $ 63.25 $ 103 18,000 $ 87.13 $ 4.86 $ 87.13 $ 4.86 30,000 $ 145.45 $ 6.17 $ 145.45 $ 0.17 3/41N 0 $ 36.89 $ 3.04 $ 36.89 $ 104 CODE 2 6,000 $ 55.13 $ 3.40 $ 55.13 $ 3.40 12,.000 $ 75.53 $ 3,98 $ 75.53 $ 3,68 18,000 $ 99.41 $ 4,86 $ 99.41 $ 4,86 30,000 $ 157.73 $ 6.17 $ 157.73 $ 6,17 1.0 IN 0 $ 61.49 $ 3.04 $ 61.49 $ 3.04 CODE 3 6,000 $ 79.73 $ 3.40 $ 79.73 $ 3.40 12,000 $ 100.13 $ 3.98 $ 100.13 $ 3.98 18,000 $ 124.01 $ 4,86 $ 124.01 $ 4.86 30,000 $ 182.33 $ 6.17 $ 182.33 $ 6.17 11/21N 0 $ 122.99 $ 3,04 $ 122.99 $ 104 CODE 4 6,000 $ 141.23 $ 140 $ 141.23 $ 140 12,000 $ 161.63 $ 198 $ 161.63 $ 198 18,000 $ 185.51 $ 4.86 $ 185.51 $ 4086 30,000 $ 243.83 $ 6.17 $ 243.83 $ 6.17 2 1 N 0 $ 196.78 $ 104 $ 196.78 $ 104 SIMPLE 6,000 $ 215.02 $ 3,40 $ 215.02 $ 140 COMPOUND 12,000 $ 235.42 $ 3.98 $ 235.42 $ 198 CODE 5 18,000 $ 259.30 $ 4.86 $ 259.30 $ 4.86 30,000 $ 317.62 $ 6.17 $ 317.62 $ 6.17 21N 0 $ 245.96 $ 104 $ 245.96 $ 104 TURBINE 6,000 $ 264.20 $ 3.40 $ 264.20 $ 140 CODE 6 12,000 $ 284.60 $ 198 $ 284.60 $ 3,98 18,000 $ 308.48 $ 4,86 $ 308.48 $ 4.86 30,000 $ 366.80 $ 6,17 $ 366.80 $ 6.17 9 City of Schertz Schedule of Fees Public Works - Water Rates Residential 1 2021 -22 GALLONS SOLD BY METER SIZE (RESIDENTIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 31N 0 $ 393.55 $ 104 $ 393.55 $ 104 COMPOUND 6;000 $ 411.79 $ 3,40 $ 411.79 $ 3.40 CODE 7 12,000 $ 432.19 $ 3.98 $ 432.19 $ 3.03 18,000 $ 456.07 $ 4.80 $ 456.07 $ 4.86 30,000 $ 514.39 $ 6.17 $ 514.39 $ 6.17 31N 0 $ 590.33 $ 3.04 $ 590.33 $ 104 TURBINE 6,000 $ 608.57 $ 3.40 $ 608.57 $ 3.40 CODE 8 12,.000 $ 628.97 $ 3,98 $ 628.97 $ 3,98 18,000 $ 652.85 $ 4,86 $ 652.85 $ 4,86 30,000 $ 711.17 $ 8.17 $ 711.17 $ 6,17 41N 0 $ 614.93 $ 3.04 $ 614.93 $ 3.04 COMPOUND 6,000 $ 633.17 $ 3.40 $ 633.17 $ 3.40 CODE 9 12,000 $ 653.57 $ 3.98 $ 653.57 $ 3.98 18,000 $ 677.45 $ 4,86 $ 677.45 $ 4.86 30,000 $ 735.77 $ 6.17 $ 735.77 $ 6.17 41N 0 $ 1,033.08 $ 3,04 $ 1,033.08 $ 104 TURBINE 6,000 $ 1,051.32 $ 140 $ 1,051.32 $ 140 CODE 10 12,000 $ 1,071.72 $ 198 $ 1,071.72 $ 198 18,000 $ 1,095.60 $ 4.86 $ 1,095.60 $ 4086 30,000 $ 1,153.92 $ 6,17 $ 1,153.92 $ 6.17 61N 0 $ 1,229.86 $ 3.04 $ 1,229.86 $ 104 COMPOUND 6,000 $ 1,248.10 $ 3,40 $ 1,248.10 $ 140 CODE 11 12,000 $ 1,268.50 $ 3.98 $ 1,268.50 $ 198 18,000 $ 1,292.38 $ 4.86 $ 1,292.38 $ 4.86 30,000 $ 1,350.70 $ 6.17 $ 1,350.70 $ 6.17 61N 0 $ 2,262.93 $ 104 $ 2,262.93 $ 104 TURBINE 6,000 $ 2,281.17 $ 3.40 $ 2,281.17 $ 3.40 CODE 12 12,000 $ 2,301.57 $ 198 $ 2,301.57 $ 3,98 18,000 $ 2,325.45 $ 4,88 $ 2,325.45 $ 4.86 30,000 $ 2,383.77 $ 8.17 $ 2,383.77 $ 6,17 81N 0 $ 1,987.74 $ 3.04 $ 1,987.74 $ 104 COMPOUND 6;000 $ 2,005.98 $ 3,40 $ 2,005.98 $ 3.40 CODE 13 12,000 $ 2,026.38 $ 198 $ 2,026.38 $ 198 18,000 $ 2,050.26 $ 4.88 $ 2,050.26 $ 4080 30,000 $ 2,108.58 $ 6.17 $ 2,108.58 $ 6,17 L City of Schertz Schedule of Fees Public Works - Water Rates Residential 1 2021 -22 GALLONS SOLD BY METER SIZE (RESIDENTIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 81N 0 $ 3,975.48 $ 3,04 $ 3,975.48 $ 104 TURBINE 6,000 $ 3,993.72 $ 140 $ 3,993.72 $ 3.40 CODE 14 12,000 $ 4,014.12 $ 193 $ 4,014.12 $ 3.93 18,000 $ 4,038.00 $ 4.36 $ 4,038.00 $ 4.86 30,000 $ 4,096.32 $ 6,17 $ 4,096.32 $ 6.17 101N 0 $ 2,857.37 $ 104 $ 2,857.37 $ 104 COMPOUND 6,000 $ 2,875.61 $ 3.40 $ 2,875.61 $ 3.40 CODE 15 12,000 $ 2,896.01 $ 3.93 $ 2,896.01 $ 3,96 13,000 $ 2,919.89 $ 4.66 $ 2,919.89 $ 4.36 30,000 $ 2,978.21 $ 6.17 $ 2,978.21 $ 6.17 101N 0 $ 6,211.67 $ 3.04 $ 6,211.67 $ 3.04 TURBINE 6,0300 $ 6,229.91 $ 3.40 $ 6,229.91 $ 140 CODE 16 12,000 $ 6,250.31 $ 3.93 $ 6,250.31 $ 3.93 13,000 $ 6,274.19 $ 4,36 $ 6,274.19 $ 4.36 30,000 $ 6,332.51 $ 0.17 $ 6,332.51 $ 6,17 12 1 N 0 $ 8,199.42 $ 3.04 $ 8,199.42 $ 3.04 TURBINE 6,000 $ 8,217.66 $ 3.40 $ 8,217.66 $ 140 CODE 17 12,000 $ 8,238.06 $ 3.96 $ 8,238.06 $ 198 18,000 $ 8,261.94 $ 4.86 $ 8,261.94 $ 4.86 30,000 $ 8,320.26 $ 6.17 $ 8,320.26 $ 6017 m City of Schertz Schedule of Fees jPublic Works - Water Rates Commercial 1 2021 -22 GALLONS SOLD BY METER SIZE (COMMERCIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 5/8 IN 0 $ 24.61 $ 104 $ 24.61 $ 104 CODE 1 6;000 $ 42.85 $ 3,40 $ 42.85 $ 0,40 12,000 $ 63.25 $ 3.98 $ 63.25 $ 103 18,000 $ 87.13 $ 4.80 $ 87.13 $ 4.86 30,000 $ 145.45 $ 6.17 $ 145.45 $ 0.17 3/41N 0 $ 36.89 $ 3.04 $ 36.89 $ 104 CODE 2 6,000 $ 55.13 $ 3.40 $ 55.13 $ 3.40 12,.000 $ 75.53 $ 3,98 $ 75.53 $ 3,28 18,000 $ 99.41 $ 4,86 $ 99.41 $ 4,86 30,000 $ 157.73 $ 6.17 $ 157.73 $ 6,17 1.0 IN 0 $ 61.49 $ 3.04 $ 61.49 $ 3.04 CODE 3 6,000 $ 79.73 $ 3.40 $ 79.73 $ 3.40 12,000 $ 100.13 $ 3.98 $ 100.13 $ 3.98 18,000 $ 124.01 $ 4,86 $ 124.01 $ 4.86 30,000 $ 182.33 $ 6.17 $ 182.33 $ 6.17 N City of Schertz Schedule of Fees jPublic Works - Water Rates Commercial 1 2021 -22 GALLONS SOLD BY METER SIZE (COMMERCIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 1 1/2 IN 0 $ 122.99 $ 104 $ 122.99 $ 104 CODE 4 6;000 $ 141.23 $ 3,40 $ 141.23 $ 3.40 12,000 $ 161.63 $ 3.98 $ 161.63 $ 198 18,000 $ 185.51 $ 4.80 $ 185.51 $ 4.86 30,000 $ 243.83 $ 6.17 $ 243.83 $ 6.17 21N 0 $ 196.78 $ 3.04 $ 196.78 $ 104 SIMPLE 18,000 $ 251.50 $ 3.40 $ 215.02 $ 3.40 COMPOUND 30,.000 $ 312.70 $ 3,98 $ 235.42 $ 3,98 CODE 5 54,000 $ 384.34 $ 4,86 $ 259.30 $ 4,86 90,000 $ 559.30 $ 6.17 $ 317.62 $ 6.17 21N 0 $ 245.96 $ 3.04 $ 245.96 $ 3.04 TURBINE 18,000 $ 300.68 $ 3.40 $ 264.20 $ 3.40 CODE 6 36,000 $ 361.88 $ 3.98 $ 284.60 $ 3.98 54,.000 $ 433.52 $ 4,80 $ 308.48 $ 4.85 90,000 $ 608.48 $ 6.17 $ 366.80 $ 6.17 City of Schertz Schedule of Fees jPublic Works - Water Rates Commercial 1 2021 -22 GALLONS SOLD BY METER SIZE (COMMERCIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 31N 0 $ 393.55 $ 104 $ 393.55 $ 104 COMPOUND 13,000 $ 448.27 $ 3,40 $ 411.79 $ 3.40 CODE 7 30,000 $ 509.47 $ 3.98 $ 432.19 $ 103 54,000 $ 581.11 $ 4.80 $ 456.07 $ 4.86 90,000 $ 756.07 $ 6.17 $ 514.39 $ 8.17 31N 0 $ 590.33 $ 3.04 $ 590.33 $ 104 TURBINE 18,000 $ 645.05 $ 3.40 $ 608.57 $ 3.40 CODE 8 30,.000 $ 706.25 $ 3,98 $ 628.97 $ 3,98 54,0100 $ 777.89 $ 4.86 $ 652.85 $ 4,86 90,000 $ 952.85 $ 6,17 $ 711.17 $ 6.17 41N 0 $ 614.93 $ 3.04 $ 614.93 $ 3.04 COMPOUND 18,000 $ 669.65 $ 3.40 $ 633.17 $ 3.4 CODE 9 36,000 $ 730.85 $ 3.98 $ 653.57 $ 3.98 54,000 $ 802.49 $ 4,86 $ 677.45 $ 4.86 90,0100 $ 977.45 $ 6.17 $ 735.77 $ 6.17 ift City of Schertz Schedule of Fees jPublic Works - Water Rates Commercial 1 2021 -22 GALLONS SOLD BY METER SIZE (COMMERCIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 41N 0 $ 1,033.08 $ 104 $ 1,033.08 $ 104 TURBINE 13,000 $ 1,087.80 $ 3.40 $ 1,051.32 $ 3.40 CODE 10 36,000 $ 1,149.00 $ 3.08 $ 1,071.72 $ 193 54,000 $ 1,220.64 $ 4.86 $ 1,095.60 $ 4.86 90,000 $ 1,395.60 $ 6.17 $ 1,153.92 $ 8.17 61N 0 $ 1,229.86 $ 3.04 $ 1,229.86 $ 104 COMPOUND 18,000 $ 1,284.58 $ 3.40 $ 1,248.10 $ 3.40 CODE 11 36,.000 $ 1,345.78 $ 3.98 $ 1,268.50 $ 3,98 54,O00 $ 1,417.42 $ 4.88 $ 1,292.38 $ 4.86 90,000 $ 1,592.38 $ 6.17 $ 1,350.70 $ 6.17 61N 0 $ 2,262.93 $ 3.04 $ 2,262.93 $ 3.04 TURBINE 13,000 $ 2,317.65 $ 3.40 $ 2,281.17 $ 140 CODE 12 36,000 $ 2,378.85 $ :3.98 $ 2,301.57 $ 3.98 54,.000 $ 2,450.49 $ 4.86 $ 2,325.45 $ 4.86 90,000 $ 2,625.45 $ 8.17 $ 2,383.77 $ 6,17 IN City of Schertz Schedule of Fees jPublic Works - Water Rates Commercial 1 2021 -22 GALLONS SOLD BY METER SIZE (COMMERCIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 81N 0 $ 1,987.74 $ 104 $ 1,987.74 $ 104 COMPOUND 13,000 $ 2,042.46 $ 3.40 $ 2,005.98 $ 3.40 CODE 13 30,000 $ 2,103.66 $ 3.08 $ 2,026.38 $ 193 54,000 $ 2,175.30 $ 4.80 $ 2,050.26 $ 4.6 90,000 $ 2,350.26 $ 6.17 $ 2,108.58 $ 8.17 81N 0 $ 3,975.48 $ 3.04 $ 3,975.48 $ 104 TURBINE 18,000 $ 4,030.20 $ 3.40 $ 3,993.72 $ 3.40 CODE 14 30,.000 $ 4,091.40 $ 3.98 $ 4,014.12 $ 3,98 54,O00 $ 4,163.04 $ 4.88 $ 4,038.00 $ 4.86 90,000 $ 4,338.00 $ 6.17 $ 4,096.32 $ 6.17 101N 0 $ 2,857.37 $ 3,04 $ 2,857.37 $ 3.04 COMPOUND 18,000 $ 2,912.09 $ 3.40 $ 2,875.61 $ 140 CODE 15 36,000 $ 2,973.29 $ 198 $ 2,896.01 $ 198 54,000 $ 3,044.93 $ 4.86 $ 2,919.89 $ 4,86 90,000 $ 3,219.89 $ 6.17 $ 2,978.21 $ 6,17 i City of Schertz Schedule of Fees jPublic Works - Water Rates Commercial 1 2021 -22 GALLONS SOLD BY METER SIZE (COMMERCIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 10 IN 0 $ 6,211.67 104 $ 6,211.67 104 TURBINE 13,000 $ 6,266.39 3.40 $ 6,229.91 3.40 CODE 16 36,000 $ 6,327.59 3.98 $ 6,250.31 193 54,000 $ 6,399.23 4.86 $ 6,274.19 4.86 90,000 $ 6,574.19 6.17 $ 6,332.51 8.17 12 IN 0 $ 8,199.42 104 $ 8,199.42 3.04 TURBINE 18,000 $ 8,254.14 140 $ 8,217.66 140 CODE 17 36,000 $ 8,315.34 3.98 $ 8,238.06 3.98 64,000 $ 8,386.98 4.86 $ 8,261.94 4.86 90,000 $ 8,561.94 $ 6.17 $ 8,320.26 6.17 FH METER Cibolo Wholesale Water Rate RATE 1000 $ 116.88 $ 8.98 $ 3.27 13 City of Schertz Schedule of Fees Public Works - Water Rates 1 2020 -21 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 5/8 IN 0 $ 24.61 $ 3.04 $ 29.81 $ 6.08 CODE 1 6,000 $ 42.85 $ 3.09 $ 66.29 $ 6.15 9,000 $ 52.12 $ 3.34 $ 84.74 $ 6.71 12,000 $ 62.14 $ 3.61 $ 104.87 $ 7.21 15,000 $ 72.97 $ 3.82 $ 126.50 $ 7.64 18,000 $ 84.43 $ 4.81 $ 149.42 $ 9.61 30,000 $ 142.15 $ 5.46 $ 264.74 $ 10.94 45,000 $ 224.05 $ 5.81 $ 428.84 $ 11.64 60,000 $ 311.20 $ 6.03 $ 603.44 $ 12.04 75,000+ $ 401.65 $ 6.15 $ 784.04 $ 12.31 3/4 IN 0 $ 36.89 $ 3.04 $ 44.69 $ 6.08 CODE 2 6,000 $ 55.13 $ 3.09 $ 81.17 $ 6.15 9,000 $ 64.40 $ 3.34 $ 99.62 $ 6.71 12,000 $ 74.42 $ 3.61 $ 119.75 $ 7.21 15,000 $ 85.25 $ 3.82 $ 141.38 $ 7.64 18,000 $ 96.71 $ 4.81 $ 164.30 $ 9.61 30,000 $ 154.43 $ 5.46 $ 279.62 $ 10.94 45,000 $ 236.33 $ 5.81 $ 443.72 $ 11.64 60,000 $ 323.48 $ 6.03 $ 618.32 $ 12.04 75,000+ $ 413.93 $ 6.15 $ 798.92 $ 12.31 1.0 IN 0 $ 61.49 $ 3.04 $ 74.48 $ 6.08 CODE 3 6,000 $ 79.73 $ 3.09 $ 110.96 $ 6.15 9,000 $ 89.00 $ 3.34 $ 129.41 $ 6.71 12,000 $ 99.02 $ 3.61 $ 149.54 $ 7.21 15,000 $ 109.85 $ 3.82 $ 171.17 $ 7.64 18,000 $ 121.31 $ 4.81 $ 194.09 $ 9.61 30,000 $ 179.03 $ 5.46 $ 309.41 $ 10.94 45,000 $ 260.93 $ 5.81 $ 473.51 $ 11.64 60,000 $ 348.08 $ 6.03 $ 648.11 $ 12.04 75,000+ $ 438.53 $ 6.15 $ 828.71 $ 12.31 14 City of Schertz Schedule of Fees Public Works - Water Rates 2020 -21 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 1 1/2 IN 0 $ 122.99 $ 3.04 $ 148.96 $ 6.08 CODE 4 15,000 $ 168.59 $ 3.09 $ 240.16 $ 6.15 30,000 $ 214.94 $ 3.34 $ 332.41 $ 6.71 45,000 $ 265.04 $ 3.61 $ 433.06 $ 7.21 60,000 $ 319.19 $ 3.82 $ 541.21 $ 7.64 75,000 $ 376.49 $ 4.81 $ 655.81 $ 9.61 100,000 $ 496.74 $ 5.46 $ 896.06 $ 10.94 125,000 $ 633.24 $ 5.81 $ 1,169.56 $ 11.64 150,000 $ 778.49 $ 6.03 $ 1,460.56 $ 12.04 175,000+ $ 929.24 $ 6.15 $ 1,761.56 $ 12.31 21N 0 $ 196.78 $ 3.04 $ 238.33 $ 6.08 SIMPLE 24,000 $ 269.74 $ 3.09 $ 384.25 $ 6.15 COMPOUND 48,000 $ 343.90 $ 3.34 $ 531.85 $ 6.71 CODE 5 72,000 $ 424.06 $ 3.61 $ 692.89 $ 7.21 96,000 $ 510.70 $ 3.82 $ 865.93 $ 7.64 120,000 $ 602.38 $ 4.81 $ 1,049.29 $ 9.61 160000 $ 794.78 $ 5.46 $ 1,433.69 $ 10.94 200,000 $ 1,013.18 $ 5.81 $ 1,871.29 $ 11.64 240,000 $ 1,245.58 $ 6.03 $ 2,336.89 $ 12.04 280,000+ $ 1,486.78 $ 6.15 $ 2,818.49 $ 12.31 21N 0 $ 245.96 $ 3.04 $ 297.92 $ 6.08 TURBINE 30,000 $ 337.16 $ 3.09 $ 480.32 $ 6.15 CODE 6 60,000 $ 429.86 $ 3.34 $ 664.82 $ 6.71 90,000 $ 530.06 $ 3.61 $ 866.12 $ 7.21 120,000 $ 638.36 $ 3.82 $ 1,082.42 $ 7.64 150,000 $ 752.96 $ 4.81 $ 1,311.62 $ 9.61 200,000 $ 993.46 $ 5.46 $ 1,792.12 $ 10.94 250,000 $ 1,266.46 $ 5.81 $ 2,339.12 $ 11.64 300,000 $ 1,556.96 $ 6.03 $ 2,921.12 $ 12.04 350,000+ $ 1,858.46 $ 6.15 $ 3,523.12 $ 12.31 IN City of Schertz Schedule of Fees Public Works - Water Rates 2020 -21 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 31N 0 $ 393.55 $ 3.04 $ 476.66 $ 6.08 COMPOUND 48,000 $ 539.47 $ 3.09 $ 768.50 $ 6.15 CODE 7 96,000 $ 687.79 $ 3.34 $ 1,063.70 $ 6.71 144,000 $ 848.11 $ 3.61 $ 1,385.78 $ 7.21 192,000 $ 1,021.39 $ 3.82 $ 1,731.86 $ 7.64 240,000 $ 1,204.75 $ 4.81 $ 2,098.58 $ 9.61 320,000 $ 1,589.55 $ 5.46 $ 2,867.38 $ 10.94 400,000 $ 2,026.35 $ 5.81 $ 3,742.58 $ 11.64 480,000 $ 2,491.15 $ 6.03 $ 4,673.78 $ 12.04 560,000+ $ 2,973.55 $ 6.15 $ 5,636.98 $ 12.31 3 1 N 0 $ 590.33 $ 3.04 $ 715.01 $ 6.08 TURBINE 72,000 $ 809.21 $ 3.09 $ 1,152.77 $ 6.15 CODE 8 144,000 $ 1,031.69 $ 3.34 $ 1,595.57 $ 6.71 216,000 $ 1,272.17 $ 3.61 $ 2,078.69 $ 7.21 288,000 $ 1,532.09 $ 3.82 $ 2,597.81 $ 7.64 408,000 $ 1,990.49 $ 4.81 $ 3,514.61 $ 9.61 528,000 $ 2,567.69 $ 5.46 $ 4,667.81 $ 10.94 648,000 $ 3,222.89 $ 5.81 $ 5,980.61 $ 11.64 768,000 $ 3,920.09 $ 6.03 $ 7,377.41 $ 12.04 888,000+ $ 4,643.69 $ 6.15 $ 8,822.21 $ 12.31 4 1 N 0 $ 614.93 $ 3.04 $ 744.79 $ 6.08 COMPOUND 75,000 $ 842.93 $ 3.09 $ 1,200.79 $ 6.15 CODE 9 150,000 $ 1,074.68 $ 3.34 $ 1,662.04 $ 6.71 225,000 $ 1,325.18 $ 3.61 $ 2,165.29 $ 7.21 300,000 $ 1,595.93 $ 3.82 $ 2,706.04 $ 7.64 425,000 $ 2,073.43 $ 4.81 $ 3,661.04 $ 9.61 550,000 $ 2,674.68 $ 5.46 $ 4,862.29 $ 10.94 675,000 $ 3,357.18 $ 5.81 $ 6,229.79 $ 11.64 800,000 $ 4,083.43 $ 6.03 $ 7,684.79 $ 12.04 925,000+ $ 4,837.18 $ 6.15 $ 9,189.79 $ 12.31 iI City of Schertz Schedule of Fees Public Works - Water Rates 2020 -21 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 41N 0 $ 1,033.08 $ 3.04 $ 1,251.24 $ 6.08 TURBINE 126,000 $ 1,416.12 $ 3.09 $ 2,017.32 $ 6.15 CODE 10 252,000 $ 1,805.46 $ 3.34 $ 2,792.22 $ 6.71 378,000 $ 2,226.30 $ 3.61 $ 3,637.68 $ 7.21 504,000 $ 2,681.16 $ 3.82 $ 4,546.14 $ 7.64 630,000 $ 3,162.48 $ 4.81 $ 5,508.78 $ 9.61 840,000 $ 4,172.58 $ 5.46 $ 7,526.88 $ 10.94 1,050,000 $ 5,319.18 $ 5.81 $ 9,824.28 $ 11.64 1,260,000 $ 6,539.28 $ 6.03 $ 12,268.68 $ 12.04 1,470,000+ $ 7,805.58 $ 6.15 $ 14,797.08 $ 12.31 61N 0 $ 1,229.86 $ 3.04 $ 1,489.60 $ 6.08 COMPOUND 150,000 $ 1,685.86 $ 3.09 $ 2,401.60 $ 6.15 CODE 11 300,000 $ 2,149.36 $ 3.34 $ 3,324.10 $ 6.71 450,000 $ 2,650.36 $ 3.61 $ 4,330.60 $ 7.21 600,000 $ 3,191.86 $ 3.82 $ 5,412.10 $ 7.64 750,000 $ 3,764.86 $ 4.81 $ 6,558.10 $ 9.61 1,000,000 $ 4,967.36 $ 5.46 $ 8,960.60 $ 10.94 1,250,000 $ 6,332.36 $ 5.81 $ 11,695.60 $ 11.64 1,500,000 $ 7,784.86 $ 6.03 $ 14,605.60 $ 12.04 1,750,000+ $ 9,292.36 $ 6.15 $ 17,615.60 $ 12.31 61N 0 $ 2,262.93 $ 3.04 $ 2,740.85 $ 6.08 TURBINE 276,000 $ 3,101.97 $ 3.09 $ 4,418.93 $ 6.15 CODE 12 552,000 $ 3,954.81 $ 3.34 $ 6,116.33 $ 6.71 828,000 $ 4,876.65 $ 3.61 $ 7,968.29 $ 7.21 1,104,000 $ 5,873.01 $ 3.82 $ 9,958.25 $ 7.64 1,380,000 $ 6,927.33 $ 4.81 $ 12,066.89 $ 9.61 1,840,000 $ 9,139.93 $ 5.46 $ 16,487.49 $ 10.94 2,300,000 $ 11,651.53 $ 5.81 $ 21,519.89 $ 11.64 2,760,000 $ 14,324.13 $ 6.03 $ 26,874.29 $ 12.04 3,220,000+ $ 17,097.93 $ 6.15 $ 32,412.69 $ 12.31 m City of Schertz Schedule of Fees Public Works - Water Rates 2020 -21 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 81N 0 $ 1,987.74 $ 3.04 $ 2,407.27 $ 6.08 COMPOUND 240,000 $ 2,717.34 $ 3.09 $ 3,866.47 $ 6.15 CODE 13 480,000 $ 3,458.94 $ 3.34 $ 5,342.47 $ 6.71 720,000 $ 4,260.54 $ 3.61 $ 6,952.87 $ 7.21 960,000 $ 5,126.94 $ 3.82 $ 8,683.27 $ 7.64 1,200,000 $ 6,043.74 $ 4.81 $ 10,516.87 $ 9.61 1,600,000 $ 7,967.74 $ 5.46 $ 14,360.87 $ 10.94 2,000,000 $ 10,151.74 $ 5.81 $ 18,736.87 $ 11.64 2,400,000 $ 12,475.74 $ 6.03 $ 23,392.87 $ 12.04 2,800,000+ $ 14,887.74 $ 6.15 $ 28,208.87 $ 12.31 81N 0 $ 3,975.48 $ 3.04 $ 4,814.54 $ 6.08 TURBINE 480,000 $ 5,434.68 $ 3.09 $ 7,732.94 $ 6.15 CODE 14 960,000 $ 6,917.88 $ 3.34 $ 10,684.94 $ 6.71 1,440,000 $ 8,521.08 $ 3.61 $ 13,905.74 $ 7.21 1,920,000 $ 10,253.88 $ 3.82 $ 17,366.54 $ 7.64 2,400,000 $ 12,087.48 $ 4.81 $ 21,033.74 $ 9.61 3,200,000 $ 15,935.48 $ 5.46 $ 28,721.74 $ 10.94 4,000,000 $ 20,303.48 $ 5.81 $ 37,473.74 $ 11.64 4,800,000 $ 24,951.48 $ 6.03 $ 46,785.74 $ 12.04 5,600,000+ $ 32,187.48 $ 6.15 $ 61,233.74 $ 12.31 101N 0 $ 2,857.37 $ 3.04 $ 3,460.46 $ 6.08 COMPOUND 345,000 $ 3,906.17 $ 3.09 $ 5,558.06 $ 6.15 CODE 15 690,000 $ 4,972.22 $ 3.34 $ 7,679.81 $ 6.71 1,035,000 $ 6,124.52 $ 3.61 $ 9,994.76 $ 7.21 1,380,000 $ 7,369.97 $ 3.82 $ 12,482.21 $ 7.64 1,725,000 $ 8,687.87 $ 4.81 $ 15,118.01 $ 9.61 2,300,000 $ 11,453.62 $ 5.46 $ 20,643.76 $ 10.94 2,875,000 $ 14,593.12 $ 5.81 $ 26,934.26 $ 11.64 3,450,000 $ 17,933.87 $ 6.03 $ 33,627.26 $ 12.04 4,025,000+ $ 21,401.12 $ 6.15 $ 40,550.26 $ 12.31 iu.* City of Schertz Schedule of Fees Public Works - Water Rates 2020 -21 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 101N 0 $ 6,211.67 $ 3.04 $ 7,182.34 $ 6.08 TURBINE 750,000 $ 8,491.67 $ 3.09 $ 11,742.34 $ 6.15 CODE 16 1,500,000 $ 10,809.17 $ 3.34 $ 16,354.84 $ 6.71 2,250,000 $ 13,314.17 $ 3.61 $ 21,387.34 $ 7.21 3,000,000 $ 16,021.67 $ 3.82 $ 26,794.84 $ 7.64 3,750,000 $ 18,886.67 $ 4.81 $ 32,524.84 $ 9.61 5,000,000 $ 24,899.17 $ 5.46 $ 44,537.34 $ 10.94 6,250,000 $ 31,724.17 $ 5.81 $ 58,212.34 $ 11.64 7,500,000 $ 38,986.67 $ 6.03 $ 72,762.34 $ 12.04 8,750,000+ $ 46,524.17 $ 6.15 $ 87,812.34 $ 12.31 121N 0 $ 8,199.42 $ 3.04 $ 9,929.99 $ 6.08 TURBINE 990,000 $ 11,209.02 $ 3.09 $ 15,949.19 $ 6.15 CODE 17 1,980,000 $ 14,268.12 $ 3.34 $ 22,037.69 $ 6.71 2,970,000 $ 17,574.72 $ 3.61 $ 28,680.59 $ 7.21 3,960,000 $ 21,148.62 $ 3.82 $ 35,818.49 $ 7.64 4,950,000 $ 24,930.42 $ 4.81 $ 43,382.09 $ 9.61 6,600,000 $ 32,866.92 $ 5.46 $ 59,238.59 $ 10.94 8,250,000 $ 41,875.92 $ 5.81 $ 77,289.59 $ 11.64 9,900,000 $ 51,462.42 $ 6.03 $ 96,495.59 $ 12.04 11,550,000+ $ 61,411.92 $ 6.15 $ 116,361.59 $ 12.31 RATE 1000 FH METER $ 116.88 $ 8.98 Cibolo Wholesale Water Rate $ 3.27 I&*7 City of Sobartz Schedule of Fees ICity Secretary 1 2020-211 2021-22 Candidate Filing Fee $ 25.00 $ 25.00 Licenses Package Store $25O.00 $25O.00 Package Store Taaing $ 12.50 $ 12.50 Wine & Beer Retailers $ 87.50 $ 87.50 Wine & Beer Retailers Off premises $ 30.00 $ 30.00 Late Hours $125.0O $125.0O Beer ooPremises $ 75.00 $ 75.00 VVinoOn|y - PaokagoGtom $ 37.50 $ 37.50 Mix Beverage Permit $ 375u0 $ 375u0 Mix Beverage Late Hours $ 75.00 $ 75.00 Caterer's Permit $ 250.00 $ 250.00 Retail Dealer On-Premises - Late Hours $125.0O $125.0O Local Cartage $ 10.00 $ 10.00 20 City of Schertz Schedule of Fees All Departments 2020 -21 2020 -21 Records Requests Standard paper copy, per page $ 0.10 $ 0.10 (front and back is 2 pages) Nonstandard -size copy: Oversize paper copy (11" X 17 ") $ 0.50 $ 0.50 Specialty paper (Mylar, blueprint, blue line, map, photographic) Actual Actual Certified Copy- Each Certification $ 5.00 $ 5.00 Diskette $ 1.00 $ 1.00 Magnetic tape - actual cost Actual Actual Data cartridge - actual cost Actual Actual Tape cartridge - actual cost Actual Actual Rewritable CD (CD -RW) $ 1.00 $ 1.00 Non- rewritable CD (CD -R) $ 1.00 $ 1.00 Digital video disc (DVD) $ 3.00 $ 3.00 JAZ drive - actual cost Actual Actual Other electronic media - actual cost Actual Actual Miscellaneous supplies - actual cost Actual Actual Postage and shipping charge actual cost Actual Actual Photographs - actual cost Actual Actual Maps - actual cost Actual Actual Labor charge: For locating, compiling, and $ 15.00 $ 15.00 reproducing, per hour (if documents are NOT located in the immediate area and over 50 pages) Overhead charge - % of labor charge 20% 20% Remote document retrieval charge Actual Actual No Sales Tax shall be applied to copies of public information Notary Fees Acknowledgement, Certified Copies, Jurat's, Oaths and Affirmation $ 6.00 $ 6.00 Protests- Per Document $ 5.00 $ 5.00 Convenience Fees Credit Card Payment Over Phone Return Check Fee $ 1.00 $ 1.00 $ 25.00 $ 25.00 21 City of Schertz Schedule of Fees Library 2020 -21 2021 -22 Non - Resident user fee- Library Card $ 15.00 $ 15.00 Meeting Room Fee- Non - Schertz residents, 4 hours $ 50.00 $ 50.00 Meeting Room Fee- After hour fee, per hour $ 25.00 $ 25.00 Meeting Room Cleaning Fee (Spot Cleaning) $ 50.00 $ 50.00 Meeting Room Cleaning Fee (Whole Room) 3.00 Actual $ Actual Additional Fee for After Hours Cleaning, per hour $ 25.00 $ 25.00 Inter - Library Loans Materials (ILL Materials) Lost or damaged ILL items - Cost of item as billed by the lending library Actual Actual (may include additional fines or fees assessed by the lending library) Inter - Library Loan items per day (3 day grace period) $ 1.00 $ 1.00 Max overdue amount per ILL item $ 5.00 $ 5.00 Return Postage Fee - -for ILL items never picked up by customer after arrival $ 3.00 $ 3.00 Overdue Fines (3 day grace period) All Items per day (except ILL items) $ 0.25 $ 0.25 Max amount that can be charged $ 1.00 $ 1.00 Replacement Library Card $ 1.00 $ 1.00 Copier, per standard page $ 1.00 $ 1.00 (2 -sided copies are the same as 2 pages; oversized copies are the same as 2 pages) $ 3.00 $ 3.00 Black and White $ 0.15 $ 0.15 Color $ 0.50 $ 0.50 Printing, per standard page (2 -sided copies are the same as 2 pages; oversized copies are the same as 2 pages) Black and White $ 0.15 $ 0.15 Color $ 0.50 $ 0.50 Outgoing Fax, 1st page $ 1.00 $ 1.00 Per each succeeding page $ 0.25 $ 0.25 Lost & Damaged Materials - Cost of item plus a processing fee $ 5.00 $ 5.00 Damaged DVD Case or Video Case $ 1.00 $ 1.00 Damaged or Missing Barcode $ 1.00 $ 1.00 Damaged or Missing RFID Tag $ 1.00 $ 1.00 Damaged or Missing DVD/Video Cover $ 3.00 $ 3.00 (if replaceable) plus processing fee Toddler Tote Bag $ 2.50 $ 2.50 Juvenile Audiobook Bag $ 5.00 $ 5.00 Materials Recovery Fee $ 10.00 $ 10.00 (per account sent to collections) Note: If an item is lost and paid for, any overdue fines assessed against the item are waived. If part of an item is lost, the item as a whole is considered lost and the full cost of the item is charged to the patron. Again, any overdue fines assessed against the item are waived if the item is paid for. Refunds for items that were paid for and subsequently found and returned to the library are available for up to 60 days after payment and require the original receipt. Processing fees are non- refundable. No refunds will be given after 60 days. 22 City of Schertz Schedule of Fees Schertz Magazine I 2020 -211 2021 -22 Display Ads: Eighth Page for 6 mo., per month $ 300.00 $ 300.00 Eighth Page for 12 mo., per month $ 275.00 $ 275.00 Quarter Page for 6 mo., per month $ 550.00 $ 550.00 Quarter Page for 12 mo., per month $ 400.00 $ 400.00 Half Page for 6 mo., per month $1,000.00 $ 1,000.00 Half Page for 12 mo., per month $ 700.00 $ 700.00 Full Page for 6 mo., per month $1,500.00 $ 1,500.00 Full Page for 12 mo., per month $1,200.00 $ 1,200.00 Special placement fee $ 100.00 $ 100.00 Artwork ownership fee $ 95.00 $ 95.00 Premium Placement: Back Cover for 6 mo., per month $1,800.00 $ 1,800.00 Back Cover for 12 mo., per month $1,500.00 $ 1,500.00 Churches, governmental entities, 501 (c) 3 and civic groups who provide a service to the residents of Schertz will receive a 25% discount on the above facility rental rates. 23 City of Schertz Schedule of Fees Event Facilities 1 2020-211 2021 -2022 Vendor /Ancillary Fees Funeral Reception Only in Bluebonnet Hall/Community Centers 3 hr maximum $ 75.00 Kitchen Fee, per person 75.00 Quality of Life Events ( Community Centers Only) $ Kitchen Fee, Ball Room $ 200.00 $ 200.00 Kitchen Fee, Bluebonnet Room $ 75.00 $ 75.00 Electrical Fee (Tradeshows), per Exhibitor $ 15.00 $ Linens Regular- per officer, per hour (4 hour minimum) $ 40.00 Early Open Fee (prior to normal scheduled hours), per staff member per hour $ 25.00 $ 25.00 Late Fee $ 200.00 $ 200.00 Ice, one bin (80lbs) $ 15.00 $ 15.00 Ice, unlimited $ 25.00 $ 25.00 Beverage Service (for 50 people) $ 50.00 $ 50.00 Beverage Linen per table $ 5.00 $ 5.00 Cancellation Fee $ 50.00 $ 50.00 Portable Bar (includes 5 cocktail tables) $ 200.00 $ 200.00 Cocktail Tables (up to 5) $ 50.00 $ 50.00 Uplighting, per light $ 15.00 $ 15.00 Uplighting package, 10 lights $ 100.00 $ 100.00 Pipe for Back Drop $ 25.00 $ 25.00 Drape per linear ft. $ 2.00 $ 2.00 Cleaning Fee $ 150.00 $ 150.00 Discount/Special Rates Frequent Renters 25% discount (Must rent at least 12 times calendar year) Multiple Day Renters 25% discount (Must rent two or more consecutive days) Day before setup - 50% of regular room rate Non - Profits 25% discount - rent only All comp'd requests will require approval from City Manager H.O.A. Meeting Fee $ 75.00 $ 75.00 Funeral Reception Only in Bluebonnet Hall/Community Centers 3 hr maximum $ 75.00 $ 75.00 Quality of Life Events ( Community Centers Only) $ 15.00 $ 15.00 Facility Security $ 375.00 $ 375.00 Security Coordination Fee $ 15.00 $ 15.00 Regular- per officer, per hour (4 hour minimum) $ 40.00 $ 40.00 Holiday- per officer, per hour (4 hour minimum) $ 50.00 $ 50.00 Civic Center - Grand Ballroom- (7,198 sq. ft) Regular Rentals Sunday, Full day $ 800.00 $ 800.00 Sunday, Half day $ 450.00 $ 450.00 Monday - Thursday, Full day $ 600.00 $ 600.00 Monday - Thursday, Half day $ 375.00 $ 375.00 Friday, Full Day (half day not available) $ 800.00 $ 800.00 Saturday, Full day (half day not available) $ 1,800.00 $ 1,800.00 Small Stage $ 200.00 $ 200.00 Dance Floor $ 200.00 $ 200.00 Damage /Cancellation Deposit $ 500.00 $ 500.00 Audio/Visual Services (upgraded) $ 175.00 $ 175.00 Additional time, per hour $ 50.00 $ 50.00 AudioNisual Panel Access $ 100.00 $ 100.00 Banquet Package - includes hall rental, easel, tables /chairs, dance floor, AV panel access, ice, Gathering Room, portable bar, cocktail tables, uplighting package, kitchen: Sunday, Full day $ 1,625.00 $ 1,625.00 Sunday, Half day $ 1,075.00 $ 1,075.00 Monday - Thursday, Full day $ 1,425.00 $ 1,425.00 Monday - Thursday, Half day $ 1,000.00 $ 1,000.00 Friday, Full Day (half day not available) $ 1,625.00 $ 1,625.00 Saturday, Full day (half day not available) $ 2,625.00 $ 2,625.00 24 City of Schertz Schedule of Fees Event Facilities 1 2020-211 2021 -2022 Civic Center Cut -Off Hall (Larger portion of Ballroom - (4,172 sq ft) access, ice, Gathering Room, portable bar, cocktail tables, uplighting package, $ 250.00 Regular Rentals 250.00 kitchen: $ Sunday, Full day $ 600.00 $ 600.00 Sunday, Half day $ 325.00 $ 325.00 Monday - Thursday, Full day $ 425.00 $ 425.00 Monday - Thursday, Half day $ 250.00 $ 250.00 Friday, Full Day (half day not available) $ 600.00 $ 600.00 Saturday, Full day (half day not available) $ 1,400.00 $ 1,400.00 Small Stage - move to only one stage $ 200.00 $ 200.00 Dance Floor $ 200.00 $ 200.00 Audiovisual Services (upgraded) $ 175.00 $ 175.00 Additional time, per hour $ 50.00 $ 50.00 Audio/Visual Panel Access $ 100.00 $ 100.00 Damage /Cancellation Deposit $ 500.00 $ 500.00 Banquet Package - includes hall rental, easel, tables /chairs, dance floor, AV panel $ 400.00 $ 400.00 access, ice, Gathering Room, portable bar, cocktail tables, uplighting package, $ 250.00 $ 250.00 kitchen: $ 250.00 $ 250.00 Sunday, Full day $ 1,425.00 $ 1,425.00 Sunday, Half day $ 950.00 $ 950.00 Monday - Thursday, Full day $ 1,250.00 $ 1,250.00 Monday - Thursday, Half day $ 875.00 $ 875.00 Friday, Full day (half day not available) $ 1,425.00 $ 1,425.00 Saturday, Full day (half day not available) $ 2,225.00 $ 2,225.00 Civic Center Conference Hall (Smaller portion of Ballroom - (3,026 sq ft) Regular Rentals Friday /Sunday, Full day $ 400.00 $ 400.00 Friday /Sunday, Half day $ 250.00 $ 250.00 Monday - Thursday, Full day $ 250.00 $ 250.00 Monday - Thursday, Half day $ 175.00 $ 175.00 Audiovisual Access $ 75.00 $ 75.00 Damage /Cancellation Deposit $ 200.00 $ 200.00 Civic Center - Bluebonnet Hall- (2,500 sq ft) $ 75.00 $ 75.00 Regular Rentals $ 450.00 $ 450.00 Friday /Sunday, Full day $ 400.00 $ 400.00 Friday /Sunday, Half day $ 200.00 $ 200.00 Monday - Thursday, Full day $ 250.00 $ 250.00 Monday - Thursday, Half day $ 125.00 $ 125.00 Saturday, Full day (half day not available) $ 700.00 $ 700.00 Kitchen $ 75.00 $ 75.00 Audiovisual Access $ 75.00 $ 75.00 Damage /Cancellation Deposit $ 200.00 $ 200.00 Banquet Package - includes hall rental, tables /chairs, AV panel access, ice, portable bar (weekends only), kitchen: Friday /Sunday, Full day $ 675.00 $ 675.00 Friday /Sunday, Half day $ 550.00 $ 550.00 Monday - Thursday, Full day $ 525.00 $ 525.00 Monday - Thursday, Half day $ 275.00 $ 275.00 Saturday, Full day (half day not available) $ 975.00 $ 975.00 Community Center North- 3501 Morning Dr- (2,006 sq ft) Sunday - Thursday per hour, 2 hour minimum $ 25.00 $ 25.00 Friday - Saturday per hour, 4 hour minimum $ 50.00 $ 50.00 Daily Maximum (up to 12 hours) $ 350.00 $ 350.00 Damage /Cancellation Deposit $ 200.00 $ 200.00 Community Center Central (2,940 sq ft) Sunday - Thursday per hour, 2 hour minimum $ 50.00 $ 50.00 Friday - Saturday per hour, 4 hour minimum $ 75.00 $ 75.00 Daily Maximum (up to 12 hours) $ 450.00 $ 450.00 Projector /Screen /Microphone $ 50.00 $ 50.00 25 City of Schertz Schedule of Fees Event Facilities 1 2020-211 2021 -2022 Damage /Cancellation Deposit $ 200.00 $ 200.00 Churches, governmental entities, 501 (c) 3 and civic groups who provide a service to the residents of Schertz will receive a 25% discount on the above facility rental rates. 26 City of Schertz Schedule of Fees lEvent Fee 1 2020 -211 2021 -221 Daddy Daughter /Mother Son Dances Vendor Fee $ 100.00 Per Couple $ 30.00 $ - Additional Individual Ticket $ 12.00 $ - Adult $ - $ 18,00 Child (17 and under) $ - $ 12.00 Kick Cancer 1k /5k Carnival $ 6,000.00 1 K Kids Run $ 10.00 $ 10.00 5K Timed Run /Walk $ 35.00 $ 35.00 5K Non -Timed Run /Walk $ 25.00 $ 25.00 Movin on Main $ 40.00 $ 25,00 Vendor Fee $ 100.00 $ 100.00 Non - Profit Vendor Fee $ 50.00 $ 50.00 Jubilee $ 50.00 $ 50.00 Food Vendor $ 300.00 $ 300.00 Carnival $ 6,000.00 $ 6,000.00 Craft Vendor $ 50.00 $ 50.00 Business Vendor $ - $ - Business Parade Entry $ 50.00 $ 50.00 T -Shirt Decorating Contest $ 7.00 $ 7.00 Kickball Per Team $ 300.00 $ - Individual $ 20.00 $ 25.00 Late Fee Per Team $ 75.00 $ - Late Fee Per Individual $ 5.00 $ 10.00 Cornhole League Individual $ 40.00 $ 25,00 Late Fee Per Individual $ 10.00 $ 10.00 Holidazzle Food Vendor $ 50.00 $ 50.00 Craft Vendor $ 50.00 $ 50.00 Business Parade Entry $ 15.00 $ 15.00 Breakfast with Santa $ 10.00 $ 10.00 Indoor Volleyball Individual - $ 25.00 Late Fee per Individual - $ 10.00 New years Eve Masquerade Food Vendor $ 50.00 27 City of Schertz Schedule of Fees IParks and Recreation 1 2020-211 2021-22 Small Pavilion (Resident) 67.50 $ 67.50 Weekend Half Day (Fri-Sun) $ Weekday Full Day (Mon-Thur) $ 42.50 $ 42.50 Weekend Half Day (Fri-Sun) $ 55.00 $ 55.00 Weekend Full Day (Fri-Sun) $ 85.00 $ 85.00 Small Pavilion (Non-Resident) $ 50.00 Weekday Full Day (Mon-Thur) $ 67.50 $ 67.50 Weekend Half Day (Fri-Sun) $ 90.00 $ 90.00 Weekend Full Day (Fri-Sun) $ 135.00 $ 135.00 Large Pavilion (Resident) Weekday without facilities (Mon-Thur) $ 50.00 $ 50.00 Weekday with facilities (Mon-Thur) $ 100.00 $ 100.00 Weekend without facilities (Fri-Sun) $ 100.00 $ 100.00 Weekend with facilities (Fri-Sun) $ 200.00 $ 200.00 Large Pavilion (Non-Resident) Weekday without facilities (Mon-Thur) $ 75.00 $ 75.00 Weekday with facilities (Mon-Thur) $ 150.00 $ 150.00 Weekend without facilities (Fri-Sun) $ 150.00 $ 150.00 Weekend with facilities (Fri-Sun) $ 300.00 $ 300.00 Spike ball Spike ball nets with balls $ - $ 15,00 Basketball Set of Half Dozen Basketballs $ - $ 15,00 Pickleball Pickleball Net (Paddles and Balls are included) $ - $ 40,00 Pools 28 City of Schertz Schedule of Fees Parks and Recreation 1 2020 -21 2021 -22 Daily Rates Per swimmer per entry $ 2.00 $ 2.00 Daily pass $ 3.00 $ 3.00 Admission is free for children under the age of 2 years. Season Rates - Maximum per season pass is six (6) members Schertz Residents Individual rate $ 40.00 $ 40.00 2 member rate $ 50.00 $ 50.00 3 member rate $ 60.00 $ 60.00 4 member rate $ 70.00 $ 70.00 5 member rate $ 80.00 $ 80.00 6 member rate $ 90.00 $ 90.00 Non- Schertz Residents Individual rate $ 70.00 $ 70.00 2 member rate $ 80.00 $ 80.00 3 member rate $ 90.00 $ 90.00 4 member rate $ 100.00 $ 100.00 5 member rate $ 110.00 $ 110.00 6 member rate $ 120.00 $ 120.00 Regular Preschool /Child Care Center Teacher /Child Care Attendant and 5 students per pass. In City $ 80.00 $ 80.00 Out of City $ 120.00 $ 120.00 * *THESE RATES NOW SET BY CONTRACTOR ** 29 City of Schertz Schedule of Fees Parks and Recreation 1 2020 -21 2021 -22 Swimming lessons rate Schertz Residents - per child ** ** Non- Residents - per child ** ** Pool Reservations Schertz Residents 1 to 50 People ** ** 51 to 100 People ** ** 101 to 150 People ** ** 151 to 200 People ** ** 201 to 250 People ** ** 251 to 293 People ** ** Non - Residents 1 to 50 People ** ** 51 to 100 People ** ** 101 to 150 People ** ** 151 to 200 People ** ** 201 to 250 People ** ** 251 to 293 People ** ** Northcliffe Pool Schertz Residents 1 to 50 People (2 hours maximum) ** ** 50 to 100 People (2 hours maximum) ** ** Non - Residents 1 to 50 People (2 hours maximum) ** ** 50 to 100 People (2 hours maximum) ** ** * *THESE RATES NOW SET BY CONTRACTOR ** 30 City of Schertz Schedule of Fees Animal Services 2020 -21 2021 -22 Animal Adoption Dog $ 60.00 $ 60.00 Cat $ 35.00 $ 35.00 Adoption pricing may be discounted for adoption events or during special promotions Permits - A permit shall be issue after payment of application fee: Kennel authorized to house 10 or less dogs or cats $ 75.00 $ 75.00 Kennel authorized to house more than 10 but less than 50 $ 150.00 $ 150.00 Kennel authorized to house 50 or more $ 200.00 $ 200.00 Pet Shop $ 100.00 $ 100.00 Grooming Shop $ 30.00 $ 30.00 Commercial Riding Stable 10 or less $ 75.00 $ 75.00 Commercial Riding Stable 11 -50 $ 150.00 $ 150.00 Commercial Riding Stable 51 or more $ 200.00 $ 200.00 Annual Crescent Bend Riding Permit, per horse $ 100.00 $ 100.00 Auction $ 100.00 $ 100.00 Zoological Park $ 200.00 $ 200.00 Animal Exhibition /Circus /Petting Zoo $ 100.00 $ 100.00 Guard Dog Training Center $ 200.00 $ 200.00 Obedience Training Center $ 50.00 $ 50.00 Commercial Establishment Using a Guard Dog $ 75.00 $ 75.00 Commercial Annual Sellers Permit $ 150.00 $ 150.00 Dangerous Dog Permit $ 200.00 $ 200.00 Temporary Permit* - not to exceed 7 days $ 15.00 $ 15.00 'Good for Crescent Bend Riding (per horse), Animal Exhibition /Circus /Petting Zoo, and Auction Permits Temporary Animal Sales Permit (Pet Expos), not to exceed 3 days $ 30.00 $ 30.00 Impoundment Fee: An impoundment fee must be paid for each captured animal Dog /Cat Impoundment Within a 1 year period 1st Offense Neutered $ 30.00 $ 30.00 Un- neutered $ 45.00 $ 45.00 2nd Offense Neutered $ 50.00 $ 50.00 Un- neutered $ 70.00 $ 70.00 3rd Offense Neutered $ 100.00 $ 100.00 Un- neutered $ 120.00 $ 120.00 4th Offense Neutered $ 150.00 $ 150.00 Un- neutered $ 170.00 $ 170.00 Each Additional Offense Base- Neutered $ 150.00 $ 150.00 Base- Un- neutered $ 170.00 $ 170.00 Per Additional Offense $ 50.00 $ 50.00 Fowl or other small animal $ 30.00 $ 30.00 Livestock $ 75.00 $ 75.00 Zoological /Circus animal $ 200.00 $ 200.00 31 City of Schertz Schedule of Fees Animal Services 1 2020 -211 2021 -22� Boarding Fee: A boarding fee must be paid for each animal $ 35.00 $ 35.00 Dog /Cat, per day $ 15.00 $ 15.00 Fowl or other small animal, per day $ 10.00 $ 10.00 Reptile, per day $ 30.00 $ 30.00 Livestock, per day $ 50.00 $ 50.00 Zoological /Circus animal, per day $ 200.00 $ 200.00 Surrender Fee: Charge per animal with proof of Schertz residency Fowl /Reptile /Small Animal $ 10.00 $ 10.00 Dog /Cat neutered /spayed /current rabies cert. /heartworm negative $ 35.00 $ 35.00 Dog /Cat all other surrenders $ 65.00 $ 65.00 Small Livestock $ 50.00 $ 50.00 Large Livestock $ 100.00 $ 100.00 Zoological or Circus $ 200.00 $ 200.00 Litter Fee (3 or more animals under 2 months old) $ 75.00 $ 75.00 Quarantine Fee: Dog /Cat $ 50.00 $ 50.00 Plus Daily Charge per animal for boarding $ 15.00 $ 15.00 Micro Chipping $ 15.00 $ 15.00 Trap Rental Fee: Trap Deposit, refundable when trap is returned $ 75.00 $ 75.00 Trap Rental Fee, per day $ 5.00 $ 5.00 32 City of Schertz Schedule of Fees Neighborhood Service 1 2020 -21 2021 -22 Health and Sanitation Division Food Establishment Fees: Non - Profit Organizations (regardless of number of employees) $ 100.00 $ 100.00 1 -3 Employees $ 150.00 $ 150.00 4 -6 Employees $ 285.00 $ 285.00 7 -10 Employees $ 540.00 $ 540.00 11 -20 Employees $ 575.00 $ 575.00 21+ Employees $ 725.00 $ 725.00 Temporary Food and /or Beverage Establishment $ 50.00 $ 50.00 Mobile Vendors $ 100.00 $ 100.00 Mobile Vendors, registration (existing permit from another government agency) $ 25.00 $ 25.00 Public and HOA Swimming Pool License $ 110.00 $ 110.00 Foster Care $ 50.00 $ 50.00 Re- inspection fees $ 75.00 $ 75.00 * City Code Violation Court Fee $ 10.00 $ 10.00 Nuisance Abatement Administrative Fee $ 100.00 $ 100.00 *Any citation issued by individuals defined in Section 22 -40 (Authority to issue notice of violations), shall be able to collect a dismisal fee from an individual who abates such violation upon their court appearance. Judge Stephen Takas suggested that we charge a dismisal fee to remedy some of the expenses incurred from the issuance of such citation. Sanitation Inspection Fees - Outside of City Hourly Charge, one hour minimum Mileage over 15 miles, per mile Administrative Fee $ 50.00 $ 50.00 $ 5.00 $ 5.00 15% 15% 33 City of Schertz Schedule of Fees Police Department 2020 -21 2021 -22 Alarm Permit Fees Residential - Annually $ 10.00 $ 10.00 Tier 1 Commercial $ 25.00 $ 25.00 Tier 2 Commercial site alarm system required $ 50.00 $ 50.00 under local, state or national code Alarm Service Fees: Other than Burglar Alarms 4TH False Alarm within 12 Mo. Period $ 100.00 $ 100.00 5TH False Alarm within 12 Mo. Period $ 150.00 $ 150.00 6TH False Alarm within 12 Mo. Period $ 200.00 $ 200.00 7TH False Alarm within 12 Mo. Period $ 250.00 $ 250.00 8TH False Alarm within 12 Mo. Period $ 500.00 $ 500.00 Others After 8TH within 12 Mo. Period $ 500.00 $ 500.00 Burglar Alarm Service Fees: 4TH False Alarm within 12 Mo. Period $ 50.00 $ 50.00 5TH False Alarm within 12 Mo. Period $ 50.00 $ 50.00 6TH False Alarm within 12 Mo. Period $ 75.00 $ 75.00 7TH False Alarm within 12 Mo. Period $ 75.00 $ 75.00 8TH False Alarm within 12 Mo. Period $ 100.00 $ 100.00 Others After 8TH within 12 Mo. Period $ 100.00 $ 100.00 Miscellaneous Fees Accident Reports, each $ 6.00 $ 6.00 Fingerprints, per set $ 10.00 $ 10.00 Solicitor /Peddler Permit $ 50.00 $ 50.00 Background Check Fee $ 10.00 $ 10.00 BODY CAM VIDEO ($1.00 per minute +$10.00) $ 10.00 $ 10.00 34 City of Schertz Schedule of Fees IFire Department and Haz-Mat Fees 1 2020-211 2021-221 Permit Fee Schedule Certificate of Occupancy 'Inspections $ 50.00 $ 50.00 License Inspections $ 50.00 $ 50.00 Base Fire Suppression System Installation $ 100.00 $ 100.08 Additional installation charge, per sprinkler head $ 1.00 $ 1.00 Base Fire Alarms Installation � � 100.00 $ 100.O0 Additional installation charge, per initiating nr notification device $ 1.00 $ 1.00 Re-inspection $ 45.00 $ 45.08 Smoke Control System Plan (for each review) $ 75.00 $ 75.00 Flammable or combustible liquid tanks, each review $ 150.00 $ 25.00 Flammable or combustible gas tanks, each review $ 150.00 $150.00 $ After hours fee, per hour per inspector $ 75.00 $ 75.08 (beyond the hours of8:UUa.m.to5:OUp.mj 50.00 $ 50.00 Plan Review Fees, construction per hour $ 50.00 $ 75,00 Plan Review Rush, [)utoource- Sent out by Fire Marshal Cost $ Coat SFR After Hours Plan Review Rush (per hour, 2 hour minimum) $ 85.00 $ 75�00 Fireworks display permit $250.00 $250.00 Battery Systems Operational Permits OpanorCuntro|Bunn - Commeroia| $ 150.00 $150.08 Open or Control Bunn - Non-commercial $ 25.00 $ 25.00 Tents $ 50.00 $ 50.00 Cutting and Welding $ 50.00 $ 50.00 Explosives $ 50.00 $ 50.88 Flammable Storage $ 50.00 $ 50.00 Carnivals and Faire $ 50.00 $ 50.00 Food Booth (per booth, per event) $ 25.00 $ 25.00 K4ubi|a Food Eatab|iotmento (annual) $ 25.00 $ 25.88 Battery Systems $ 50.00 $ 50.00 Combustible Dust Product Options $ 50.00 $ 50.00 Cryogenic Fluids $ 50,00 $ 50.00 Huz-mot $ E8.00 $ 50.00 Lumberyards $ 50.00 $ 50.00 Spraying and Dipping $ 50.00 $ 50.00 Storage of Tires $ 50,00 $ 50.00 Operation Charges Hazardous materials operations service fees. The current replacement cost shall be charged for the use of consumable hGz-DlGt supplies and firefighting agents If any protective equipment O[firefighting equipment iG damaged O[ contaminated, the current replacement cost shall be charged. Personnel cost will b8 calculated @t the rate for the responding crew Dl8nOberS. Fire Watch Fee, cost based nn weighted salary nfdisptnohedemployee ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL 35 City of Schertz Schedule of Fees EMS 1 2020 -21 2021 -22 Response Services Ambulance Standby, per hour $ Aid Call $ 200.00 $ 200.00 Air Medical Assist Call $ 700.00 $ 700.00 BLS Non- Emergency $1,090.00 $1,090.00 BLS Emergency $1,210.00 $1,210.00 AILS Non Emergency $1,230.00 $1,230.00 ALS Emergency No Specialty Care $1,440.00 $1,440.00 ALS Emergency W \ Specialty Care $1,600.00 $1,600.00 Mileage, per mile $ 20.00 $ 20.00 Other Services Ambulance Standby, per hour $ 125.00 $ 125.00 Gator Standby, per hour $ 95.00 $ 95.00 AED Supplies Actual Actual CPR Class and Supplies Actual Actual System Continuing Education Actual Actual Vaccinations Actual Actual EMT Class $1,100.00 $1,100.00 Passport to Care - Single (insured) $ 50.00 $ 50.00 Passport to Care - Family (insured) $ 60.00 $ 60.00 Passport to Care - Single (Not insured) $ 65.00 $ 65.00 Passport to Care - Family (Not insured) $ 75.00 $ 75.00 Per Capita $15.48 15.79 36 City of Schertz Schedule of Fees Planning and Zoning 1 2020 -21 2021 -22� Plat recording service: Fees assessed are due prior to recording: Plat recording fee is equal to the fee charged by the County Clerks Office Annexation Petition by Property Owner - Plus all related fees $ 750.00 $ 750.00 Zone Change Zone change for 0 to 2 acres $ 650.00 $ 650.00 Zone change for 2+ to 5 acres $ 1,000.00 $1,000.00 Zone change for 5+ to 20 acres $ 2,000.00 $2,000.00 Zone change for 20+ to 50 acres $ 3,500.00 $3,500.00 Zone change for 50+ to 100 acres $ 4,000.00 $4,000.00 Zone change for 100+ acres $ 6,000.00 $6,000.00 Specific Use Permit (SUP) - plus other applicable items (i.e. Site Plan) Specific Use Permit (SUP) for 0 to 2 acres $ 650.00 $ 650.00 Specific Use Permit (SUP) for 2+ to 5 acres $ 1,000.00 $ 1,000.00 Specific Use Permit (SUP) for 5+ to 20 acres $ 2,000.00 $ 2,000.00 Specific Use Permit (SUP) for 20+ to 50 acres $ 3,500.00 $ 3,500.00 Specific Use Permit (SUP) for 50+ to 100 acres $ 4,000.00 $ 4,000.00 Specific Use Permit (SUP) for 100+ acres $ 6,000.00 $ 6,000.00 Building addition of a current /legal SUP $ 500.00 $ 500.00 Master Development Plan All phased developments and PDD's $ 1,500.00 $1,500.00 Master Development Plan Amendment (minor revision) $ 500.00 $ 500.00 Preliminary Plat 0 to 50 acres $ 2,000.00 $ 2,000.00 greater than 50 acres $ 3,000.00 $ 3,000.00 Final Record Plat or Re -plat 0 to 50 acres $ 1,500.00 $1,500.00 greater than 50 acres $ 2,000.00 $ 2,000.00 Revised Final Plat (minor) $ 500.00 $ 500.00 Amended Plat $ 1,500.00 $1,500.00 Minor Plat $ 1,500.00 $1,500.00 Vacate Plat $ 1,500.00 $1,500.00 Plat Time Extension - plus all related fees $ 250.00 $ 250.00 Street and Subdivision Name Changes $ 1,500.00 $1,500.00 37 City of Schertz Schedule of Fees Planning and Zoning 1 2020 -21 2021 -22� Actual Zoning Verification Letter - Single tract of land per Tract $ 150.00 Site Plan $ 1,500.00 $1,500.00 Amended Site Plan (minor) $ 500.00 $ 500.00 Park Fees - Residential Land Dedication: one (1) acre per 100 dwelling unit Fee in Lieu of Land Dedication: per dwelling unit $ 350.00 $ 350.00 Park Development Fee: Per Dwelling unit $ 650.00 $ 650.00 Park Fees - Multi- Family Land Dedication: one (1) acre per 100 dwelling unit Fee in Lieu of Land Dedication; per dwelling unit: $ 350.00 $ 350.00 Park Development Fee: Per Dwelling unit $ 650.00 $ 650.00 Miscellaneous Tree Mitigation, inch of DBH - Plus all related fees $ 100.00 $ 100.00 Legal Review (i.e. Improvement Agreements) Actual Actual Zoning Verification Letter - Single tract of land per Tract $ 150.00 $ 150.00 Certificate of Determination - Single Tract of Land per Tract $ 150.00 $ 150.00 Postponement of any Public Hearing by the Applicant $ 350.00 $ 350.00 Appeals and requests for amendments Considered by City Council, the Planning & Zoning Commission, the Building and Standards Commission, or the Board of Adjustment as allowed by the Unified Development Code: $ 500.00 $ 500.00 Variance and /or Waivers Unified Development Code, ea. $ 500.00 $ 500.00 Building Code, ea. $ 500.00 $ 500.00 Driveway width waiver requests will not be assessed with the waiver fee Copies, Plans, and Maps: Unified Development Code $ 50.00 $ 50.00 Public Works Specification Manual $ 50.00 $ 50.00 Staff Review - Application completeness review, internal SDR (staff) review & meeting with applicant to review application package. Fee included in all applications. 38 City of Schertz Schedule of Fees Inspections 2020 -21 2021 -22 Residential Building Permit Fees Minimum permit fee $ 50.00 $ 50.00 New Single Family Residential (one & two family dwellings) per square foot $ 0.50 $ 0.50 New Assessory structures per square foot $ 0.50 $ 0.50 Flatwork /Deck Patio /Patio Cover Roof Replacement Window Replacement Foundation Repair No plan check fee applies to residential flatwork /deck permits A building permit is required for swimming pools greater than 24 inches (24 ") in depth. Swimming Pools - In ground Swimming Pools - Above Ground (where a permit is required) No permit required for prefabricated pools less than 24" A residential plan review fee of 50% of the building permit fee is assessed to all permits for the review of construction documents and plans associated with a permit. See trade permit fees associated with residential permits below. Commercial Building Permit Fees Building Permit Fees New Construction - Commercial (see Cost table below) Plan review fees for projects with a cost of $5,000 or greater, are assessed review fees based on a percentage ( %) of Permit Fee Permit Fees: Cost of Construction (Cost) $0.00 to $1,000.00 $1,001.00 to $15,000.00, for each additional $1,000 and fraction thereof $15,001.00 to $50,000.00, for each additional $1,000 and fraction thereof $50,001 and up, for each additional $1,000 and fraction thereof Following Use The Cost of Construction (Cost) Table above: $ 100.00 $ 100.00 $ 225.00 $ 225.00 $ 200.00 $ 200.00 $ 150.00 $ 150.00 $ 225.00 $ 225.00 $ 500.00 $ 500.00 $ 25.00 $ 25.00 50% 50% Cost Cost 50% 50% $ 50.00 $ 50.00 $ 8.00 $ 8.00 $ 7.00 $ 7.00 $ 6.00 $ 6.00 Non - residential Flatwork /Deck Cost Cost Non - residential Accessory Buildings Cost Cost Non - residential Patio /Patio Cover Cost Cost Non - residential Roof Replacement Cost Cost Non - residential Window Replacement Cost Cost Non - residential Swimming Pools in Ground Cost Cost Non - residential Foundation Repair Cost Cost Sign Cost Cost City of Schertz Schedule of Fees Inspections 1 2020 -21 2021 -22 All other permit fees (Residential & Commercial): Fence (New and Replacement) $ 50.00 $ 50.00 Siding /Fascia $ 75.00 $ 75.00 Temporary Building or Structure $ 50.00 $ 50.00 Moving Permit Fee $ 100.00 $ 100.00 Demolition Permit Fee $ 60.00 $ 60.00 Mobile Home Permit Fee (plus sub - trades as necessary) $ 25.00 $ 25.00 Certificate of Occupancy $ 50.00 $ 50.00 Pre Certificate of Occupancy Inspection $ 200.00 $ 200.00 Failure to Obtain Certificate of Occupancy $ 200.00 $ 200.00 Compliance Inspection, each trade $ 50.00 $ 50.00 Temporary Sign $ 30.00 $ 30.00 Development Sign $ 100.00 $ 100.00 Banner $ 25.00 $ 25.00 Street Span Banner $ 25.00 $ 25.00 Home Occupation Permit (annually) $ 35.00 $ 35.00 i1..Pl 'e -a -t-h t -fob r j --t- .. ,. % -ad n -i traf` f. e Construction beginning without permit, pay additional: $ 200.00 $ 200.00 Failure to Request Inspection, per trade $ 100.00 $ 100.00 Failure to Obtain Contractors License /Provide Insurance $ 100.00 $ 100.00 Electrical Permit Fees Electrical Repair /Replacement $ 60.00 $ 60.00 New Construction per building /unit $ 100.00 $ 100.00 Solar $100.00 $100.00 Mechanical Permit Fees Mechanical Repair /Replacement $ 60.00 $ 60.00 New Construction per building /unit $ 100.00 $ 100.00 Plumbing Permit Fees Plumbing Repair /Replacement $ 60.00 $ 60.00 New Construction per building /unit $ 100.00 $ 100.00 Irrigation Permit Fees Permit Fee $ 60.00 $ 60.00 plus per sprinkler head $ 1.00 $ 1.00 plus per backflow or RPZ $ 3.00 $ 3.00 subsequent to the installation of the piping or equipment served, each City of Schertz Schedule of Fees Inspections 1 2020 -21 2021 -22 Re- Inspection Fees Each re- inspection, per trade $ 75.00 $ 75.00 Re- inspections after first, per trade $ 100.00 $ 100.00 No permit fees will be charged for sites located on Main St. (All departments) No permit fees will be charged to the Schertz Housing Authority (All departments) Licenses /Registrations: General Contractor (Initial) General Contractor (Initial and Renewal) $ 100.00 $ 100.00 Master Electrician (Initial) State of Texas Issued $ 100.00 $ 100.00 Journeyman Electrician (Annually) State of Texas Issued N/C N/C Apprentice/Wireman Electrician (Annually) State of Texas Issued N/C N/C Mechanical Contractor (Annually) State of Texas Issued N/C N/C Plumbing Contractor (Annually)* State of Texas Issued N/C N/C Irrigation (Annually) State of Texas Issued N/C N/C Backflow Tester - State of Texas Issued N/C N/C Sign Contractor (Initial) N/C N/C Sign Contractor (Renewal) $ 50.00 $ 50.00 Electrical Sign Contractor (Initial) State of Texas Issued $ 40.00 $ 40.00 Electric Sign Journeyman Electrician (Annually) State of Texas Issued N/C N/C Electric Sign Apprentice /Wireman Electrician (Annually) State of Texas Issued N/C N/C Utility Contractor (Annually) N/C N/C Mobile Home Park (Annually) $ 50.00 $ 50.00 $ 40.00 $ 40.00 *N /C - No Charge for license per state law Miscellaneous Fees Inspections Division shall establish a fee consistent with the level of work and necessary inspections established by the schedule and the applicant shall be advised accordingly. City of Schertz Schedule of Fees Engineering 1 2020 -21 2021 -22 Grading and Clearing Permit -Acreage For non - agricultural purposes Below 5 acres $ 100.00 $ 100.00 5 to 20 acres $ 250.00 $ 250.00 Per acre over 20, plus base charge for 20 acres $ 3.00 $ 3.00 Over 100 acres $ 490.00 $ 490.00 Development Permit % of total valuation of public infrastructure improvements 1 % 1 % Reinspection Fee $ 50.00 $ 50.00 Grading and Clearing Permit Fees are waived for applicants representing Home Owner's Associations proposing maintenance activities in drainage easements, 42 City of Schertz Schedule of Fees Drainage Fees 1 2020 -21 2021 -22 Charge Per Residence $ 5.20 $ 5.20 Commercial, per SUE $ 5.20 $ 5.20 Floodplain Permit, Residential $ 50.00 $ 50.00 Floodplain Permit, Commercial $ 150.00 $ 150.00 43 City of Schertz Schedule of Fees Public Works - Streets 1 2020 -21 $ 2021 -221 Chipping charges, per half hour $ 40.00 $ 40.00 Professional services, per month Garbage Collection Fees 1 2020 -21 $ 2021 -22 Light retail, wholesale, commercial Residential: Zone I: Once a week pick up One 96 gallon cart provided by franchisee, per month $ 12.41 $ 12.41 Residents requesets 2 carts total: $ 18.59 $ 18.59 Resident requests 3 carts total: $ 24.80 $ 24.80 Resident requests 4 carts total: $ 30.99 $ 30.99 Recycling Fee, per month /container $ 2.05 $ 2.05 Zone 2: Single Family, twice per week pick up, per month, no cart provided $ 12.41 $ 12.41 Recycling Fee, per month /container $ 2.05 $ 2.05 Front Porch Pick Up $ 18.11 $ 18.11 Recycling Fee, per month /container $ 2.05 $ 2.05 Special Pickup: Move Ins, Special Tree Trimmings, oversize $ 17.29 $ 17.29 materials, & similar circumstances; minimum Class 11: Mobile Home Parks $ 9.90 $ 9.90 Mobile Home Parks (2 or more mobile homes) (based on number in park on the 15th day of the month), per unit /monthly Class 111: Apartments $ 9.90 $ 9.90 per unit/monthly Class IV: Motels $ 4.37 $ 4.37 per unit /monthly 2. Commercial Class V: $ 15.70 $ 15.70 Offices, barber shops and Professional services, per month Class VI: $ 27.08 $ 27.08 Light retail, wholesale, commercial or industrial, 2000 to 4000 square feet and excluding large grocery stores, etc., per month Class VII: $ 39.34 $ 39.34 Medium retail, wholesale commercial or industrial (2000 to 4000 square feet and exclude large grocery store, etc.), per month 2 Cart, 1 pickup per week $ 40.61 $ 40.61 44 City of Schertz Schedule of Fees Garbage Collection Fees 1 2020 -21 2021 -22 Class Vlll: Heavy Volume retail wholesale, commercial, or industrial (placement determined by a time and cost study of refuse generation and collection. The categories in this class usually require hand loading from rooms or pens and would not apply when commercial containers are used.) A. Two weekly pickups of 1.5 cubic yard containers, excluding large grocery, furniture or department stores, per month $ 69.89 $ 69.89 B. Two weekly pickups of 3 cu. Yard containers, excluding large grocery, furniture or department stores, etc., per month $ 139.77 $ 139.77 C. Three weekly pickups of 3 cu. Yard containers, excluding large grocery, furniture or department stores, etc., per month $ 218.41 $ 218.41 D. Four weekly pickups of 4 cu. Yard containers, including large grocery, furniture or department stores, etc., per month $ 262.05 $ 262.05 E. Five weekly pickups of 4 cu. Yard containers, including large grocery, furniture or department stores, etc., per month $ 349.42 $ 349.42 F. Six weekly pickups of 4 cu. Yard containers, including large grocery, furniture or department stores, etc., per month $ 436.84 $ 436.84 G. Customer requiring more than four (4) cu. Yds each pickup would be charged per cu. Yds. Collected., per yard $ 4.84 $ 4.84 45 City of Schertz Schedule of Fees Garbage Collection Fees 1 2020 -21 2021 -221 3. Commercial Containers. CONTRACTOR will provide commercial containers to those customers who desire to use them in lieu of garbage cans. The use of such CONTRACTOR provided containers is required by this contract. Rates for containers and pickup will be based on the following table: Container Size: Frequency of Pickup 2017 -18 through 2021 -22 1 2 3 4 5 6 2 cu. Yard $ 59.45 $ 101.23 $ 122.28 $ 139.79 $157.26 $ 174.72 3 cu. Yard $ 71.65 $ 129.26 $ 178.23 $ 204.38 $ 230.63 $ 256.82 4 cu. Yard $ 89.06 $ 153.79 $ 209.65 $ 253.32 $ 297.04 $ 340.71 6 cu. Yard $ 125.84 $ 209.65 $ 288.30 $ 366.95 $445.49 $ 524.14 8 cu. Yard $ 148.53 $ 270.81 $ 375.60 $ 480.46 $ 586.04 $ 690.14 10 cu. Yard $ 171.19 $ 314.45 $ 445.49 $ 559.12 $ 672.64 $ 786.19 Commercial Recycle Hauling Permit $2,500.00 $2,500.00 46 City of Schertz Schedule of Fees Garbage Collection Fees 1 2020 -21 2021 -221 4. Roll -Off Rates Per Pull Open Top Containers - Dry Material 20 cu. Yard $ 323.20 $ 323.20 30 cu. Yard $ 384.34 $ 384.34 40 cu. Yard $ 445.49 $ 445.49 Roll -off Rental (no pulls within billing cycle) $ 133.65 $ 133.65 per container per month Collection and Disposal of Municipal Wastes $ 29.70 $ 29.70 5. Wet Material Rates on Compactor containers $ 37.12 $ 37.12 or open top containers with wet material must be $ 44.56 $ 44.56 negotiated with customers at the time they are $ 51.98 $ 51.98 needed. This type of waste must be hauled to a $ 59.41 $ 59.41 Type I landfill which generally has a higher $ 66.82 $ 66.82 disposal rate attached to it. Roll -off Container Delivery Charge per container $ 38.95 $ 38.95 Roll -off Relocation or Trip Charge per container $ 38.95 $ 38.95 2 cu. Yard compactor, per month (2 services per week) $ 230.27 $ 230.27 Extra pick ups (2 yard compactor), each $ 87.31 $ 87.31 4 cu. Yard compactor, per month (2 services per week) $ 474.39 $ 474.39 30 cu yard Compactor, per pull $ 585.30 $ 585.30 40 cu yard Compactor, per pull $ 695.37 $ 695.37 30 cu yard Open -top (Recycle), per pull $ 218.27 $ 218.27 Front -Load container extra pick -up charges 2 cu yard $ 29.70 $ 29.70 3 cu yard $ 37.12 $ 37.12 4 cu yard $ 44.56 $ 44.56 6 cu yard $ 51.98 $ 51.98 8 cu yard $ 59.41 $ 59.41 10 cu yard $ 66.82 $ 66.82 OVER WEIGHT CHARGE $ 29.79 $ 29.79 To address non standard requests, the solid waste contractor can negotiate a fee with the customer requesting the service. The City will collect 15% of the negotiated fee per the franchise agreement. 47 City of Schertz Schedule of Fees Business Office 1 2020 -211 2021 -221 Water Deposit After Hours Disconnect/Reconnect In City $ 125.00 $ 125.00 Out of City $ 150.00 $ 150.00 Commercial $ 100.00 $ 100.00 or 2.5 times estimated monthly billing 2.5x 2.5x Disconnect Fee $ 20.00 $ 20.00 Extension Fee $ 5.00 $ 5.00 2 free extensions Non- Schertz Seguin Customer $ Transfer Fee $ 10.00 $ 10.00 Garbage Deposit Residential $ 25.00 $ 25.00 Commercial $ 100.00 $ 100.00 or 2 1/2 times estimated monthly billing 2.5x 2.5x Meter Flow Test After Hours Disconnect/Reconnect $ 50.00 $ 50.00 City Field Test $ 10.00 $ 10.00 City Meter Bench Flow Test $ 25.00 $ 25.00 Schertz Seguin Water Customers $ 4.00 $ 4.00 Non- Schertz Seguin Customer $ 15.00 $ 15.00 Extended Absence Charge $ 10.00 $ 10.00 Re- Installation Fee, per hour $ 50.00 $ 50.00 Fire Hydrant Fee Deposit $ 200.00 $ 200.00 Service Fee $ 50.00 $ 50.00 48 City of Schertz Schedule of Fees Public Works 1 2020 -21 2021 -22 Permit Fees - If tie into manhole or $ 25.00 $ 25.00 street cut Fire Line Type Nos. 1 and 2 - (non- metered), in City 4 -inch service line connection or smaller $ 175.00 $ 175.00 6 inch $ 235.00 $ 235.00 8 inch $ 290.00 $ 290.00 10 inch $ 340.00 $ 340.00 12 inch $ 405.00 $ 405.00 Fire Line - Outside City Cost + Labor *4" turbine Cost + Labor Cost + Labor 4 -inch service line connection or smaller $ 225.00 $ 225.00 6 inch $ 305.00 $ 305.00 8 inch $ 375.00 $ 375.00 10 inch $ 440.00 $ 440.00 12 inch $ 525.00 $ 525.00 Meter Installation Fees - Inside the City Meter Size 5/8" X 3/4" $ 330.00 $ 330.00 3/4" X 3/4" $ 345.00 $ 345.00 1" X 1" $ 450.00 $ 450.00 1.5" X 1/5" $ 880.00 $ 880.00 2 "X2" $ 1,940.00 $ 1,940.00 *2" turbine Cost + Labor Cost + Labor *3" Comp Cost + Labor Cost + Labor *3" turbine Cost + Labor Cost + Labor *4" Comp Cost + Labor Cost + Labor *4" turbine Cost + Labor Cost + Labor 49 City of Schertz Schedule of Fees (Public Works 1 2020 -211 2021 -221 Meter Installation Fees - Outside the City 315.28 3 Inch Turbine Meter Meter Size 472.92 $ 5/8" X 3/4" $ 340.00 $ 340.00 3/4" X 3/4" $ 355.00 $ 355.00 1" X 1" $ 460.00 $ 460.00 1.5" X 1/5" $ 890.00 $ 890.00 2 "X2" $ 1,950.00 $ 1,950.00 *2" turbine Cost + Labor Cost + Labor *3" Comp Cost + Labor Cost + Labor *3" turbine Cost + Labor Cost + Labor *4" Comp Cost + Labor Cost + Labor *4" turbine Cost + Labor Cost + Labor Fire Hydrant Meter for Construction 10 Inch Compound Meter $ Deposit (refundable) $ 200.00 $ 200.00 Service Charge $ 50.00 $ 50.00 Wholesale Water Distribution Rate Base Rate, per month 3 Inch Compound Meter $ 315.28 $ 315.28 3 Inch Turbine Meter $ 472.92 $ 472.92 4 Inch Compound Meter $ 492.63 $ 492.63 4 Inch Turbine Meter $ 827.62 $ 827.62 6 Inch Compound Meter $ 985.26 $ 985.26 6 Inch Turbine Meter $ 1,812.88 $ 1,812.88 8 Inch Compound Meter $ 1,576.80 $ 1,576.80 8 Inch Turbine Meter $ 3,153.60 $ 3,153.60 10 Inch Compound Meter $ 2,266.65 $ 2,266.65 10 Inch Turbine Meter $ 4,927.50 $ 4,927.50 12 Inch Turbine Meter $ 6,504.30 $ 6,504.30 Available by agreement to distributors with a self- maintained water distribution service, Military Bases, and for temporary use until reuse water is made available in a particular area. Network Nodes $ 500.00 $ 500.00 Application $ 500.00 $ 500.00 Additional for each node over 5 on the application (up to 30) $ 100.00 $ 100.00 Annual Public Right of Way $ 250.00 $ 250.00 Node Support Pole Application Fee $ 1,000.00 $ 1,000.00 Collaction Fee for Network Nodes on City Service Poles, per pole, per month $ 20.00 $ 20.00 Transport Facilities Application $ 500.00 $ 500.00 Additional for each node over 5 on the application (up to 30) $ 100.00 $ 100.00 Rental Fee for Transport Facilities, per device per month $ 28.00 $ 28.00 Annual Public Right of Way Fee $ 250.00 $ 250.00 Permit Fees will be due at the time of the permit submission. Permit will not be accepted if the permit fee is not attached. Other fees will be assessed at the time of permit approval 50 City of Schertz Schedule of Fees Capital Recovery Impact Fees 1 2020 -21 Schertz Seguin Local 2021 -22 LUEs Meter Size Meter Type Meter Size Meter Type Water 1.0 $ 1,607.24 $ 1,607.24 3/4" 5/8" SIMPLE 1.0 $ 2,934 $ 2,934 3/4" SIMPLE 1.5 $ 4,401 $ 4,401 1" SIMPLE 2.5 $ 7,335 $ 7,335 1.5" SIMPLE 5.0 $ 14,670 $ 14,670 2" SIMPLE 8.0 $ 23,472 $ 23,472 2" COMPOUND 8.0 $ 23,472 $ 23,472 2" TURBINE 10.0 $ 29,340 $ 29,340 3" COMPOUND 16.0 $ 46,944 $ 46,944 3" TURBINE 24.0 $ 70,416 $ 70,416 4" COMPOUND 25.0 $ 73,350 $ 73,350 4" TURBINE 42.0 $ 123,228 $ 123,228 6" COMPOUND 50.0 $ 146,700 $ 146,700 6" TURBINE 92.0 $ 269,928 $ 269,928 8" COMPOUND 80.0 $ 234,720 $ 234,720 9" TURBINE 160.0 $ 469,440 $ 469,440 10" COMPOUND 115.0 $ 337,410 $ 337,410 10" TURBINE 250.0 $ 733,500 $ 733,500 12" TURBINE 330.0 $ 968,220 $ 968,220 SEWER COLLECTION IMPACT FEE *Collection Impact Fee Per Living Unit Equivalent (LUE) $ 1,668 $ 1,668 *Sewer based on LUE: LUE = 245 gallons per day These are only City of Schertz impact fees. Other Utility Impact Fees Treatment Impact Fee Per LUE: $ 1,800.00 $ 1,800.00 Schertz Seguin Local Government Corporation (SSLGC) Meter Size Meter Type 5/8" SIMPLE 1.0 $ 1,607.24 $ 1,607.24 3/4" SIMPLE 1.5 $ 2,410.86 $ 2,410.86 1" SIMPLE 2.5 $ 4,018.10 $ 4,018.10 1.5" SIMPLE 5.0 $ 8,036.20 $ 8,036.20 2" SIMPLE 8.0 $ 12,857.92 $ 12,857.92 2" COMPOUND 8.0 $ 12,857.92 $ 12,857.92 2" TURBINE 10.0 $ 16,072.40 $ 16,072.40 3" COMPOUND 16.0 $ 25,715.84 $ 25,715.84 3" TURBINE 24.0 $ 38,573.76 $ 38,573.76 4" COMPOUND 25.0 $ 40,181.00 $ 40,181.00 4" TURBINE 42.0 $ 67,504.08 $ 67,504.08 6" COMPOUND 50.0 $ 80,362.00 $ 80,362.00 6" TURBINE 92.0 $ 147,866.08 $147,866.08 8" COMPOUND 80.0 $ 128,579.20 $128,579.20 9" TURBINE 160.0 $ 257,158.40 $257,158.40 10" COMPOUND 115.0 $ 184,832.60 $184,832.60 10" TURBINE 250.0 $ 401,810.00 $401,810.00 12" TURBINE 330.0 $ 530,389.20 $530,389.20 ROADWAY IMAPACT FEE Residential Home through 3/26/2021 $ 2,696.00 $ 2,696.00 Residential Home between 3/27/2021 and 3/26/2022 $ 3,033.00 $ 3,033.00 Residential Home after 3/26/2022 $ 3,370.00 $ 3,370.00 Nonresidential through 3/26/2021, per service unit* $ 100.00 $ 100.00 Nonresidential after 3/26/2021, per service unit* $ 175.00 $ 175.00 *The number of service units are based on the use of the property. A fee calculator is available on the City Website under the Engineering page 51 City of Schertz Schedule of Fees Sewer Rates 1 2020-211 2021 -22 Residential Rates (Single Family) Base Rate -per month $ 13.54 $ 14.43 Per 1,000 gal Charge, Per Month Per 1,000 gal charge Total- 12,000 gallons or less $ 4.46 $ 4.75 greater than 12,000 gallons $ 10.12 $ 10.79 Business and Multi - family Dwelling Units: Base Rate per month $ 17.03 $ 18.15 The base rate shall be assessed in terms of connection equivalents which shall be as follows: the customer's previous 12 month water consumption as determined at the annual re- rating in February divided by 365, with the results of such division then divided by 245 gallons. The figure arrived at by the second division shall be the customer's "connection equivalent ". Each business shall be assessed a base rate. Per 1,000 gal Charge, Per Month Per 1,000 gal charge Total- 12,000 gallons or less $ 4.57 $ 4.87 greater than 12,000 gallons $ 10.22 $ 10.89 YMCA Per 1,000 gal Charge, Per Month $ 3.20 $ 3.20 52 City of Schertz Schedule of Fees (Public Works - Water Rates Residential I 2021-221 GALLONS SOLD BY METER SIZE (RESIDENTIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 5/8 IN 0 $ 24.61 $ 3.04 $ 24.61 $ 3.04 CODE 1 6,000 $ 42.85 $ 3.40 $ 42.85 $ 0.40 12,000 $ 63.25 $ 3.98 $ 63.25 $ 3.98 18,000 $ 87.13 $ 4.86 $ 87.13 $ 4.86 30,000 $ 145.45 $ 6.17 $ 145.45 $ 6.17 3/4 IN 0 $ 36.89 $ 3.04 $ 36.89 $ 3.04 CODE 2 6,000 $ 55.13 $ 3.40 $ 55.13 $ 3.40 12,000 $ 75.53 $ 3.98 $ 75.53 $ 3.98 18,000 $ 99.41 $ 4.86 $ 99.41 $ 4.86 30,000 $ 157.73 $ 6.17 $ 157.73 $ 6.17 1.0 IN 0 $ 61.49 $ 3.04 $ 61.49 $ 3.04 CODE 3 6,000 $ 79.73 $ 3.40 $ 79.73 $ 3.40 12,000 $ 100.13 $ 3.98 $ 100.13 $ 3.98 18,000 $ 124.01 $ 4.86 $ 124.01 $ 4.86 30,000 $ 182.33 $ 6.17 $ 182.33 $ 6.17 1 1/2 IN 0 $ 122.99 $ 3.04 $ 122.99 $ 3.04 CODE 4 6,000 $ 141.23 $ 3.40 $ 141.23 $ 3.40 12,000 $ 161.63 $ 3.98 $ 161.63 $ 3.98 18,000 $ 185.51 $ 4.86 $ 185.51 $ 4.86 30,000 $ 243.83 $ 6.17 $ 243.83 $ 6.17 2 1 N 0 $ 196.78 $ 3.04 $ 196.78 $ 3.04 SIMPLE 6,000 $ 215.02 $ 3.40 $ 215.02 $ 3.40 COMPOUND 12,000 $ 235.42 $ 3.98 $ 235.42 $ 3.98 CODE 5 18,000 $ 259.30 $ 4.86 $ 259.30 $ 4.86 30,000 $ 317.62 $ 6.17 $ 317.62 $ 6.17 21N 0 $ 245.96 $ 3.04 $ 245.96 $ 3.04 TURBINE 6,000 $ 264.20 $ 3.40 $ 264.20 $ 3.40 CODE 6 12,000 $ 284.60 $ 3.98 $ 284.60 $ 3.98 18,000 $ 308.48 $ 4.86 $ 308.48 $ 4.86 30,000 $ 366.80 $ 6.17 $ 366.80 $ 6.17 53 City of Schertz Schedule of Fees (Public Works - Water Rates Residential I 2021-221 GALLONS SOLD BY METER SIZE (RESIDENTIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 31N 0 $ 393.55 $ 3.04 $ 393.55 $ 3.04 COMPOUND 6,000 $ 411.79 $ 3.40 $ 411.79 $ 3.40 CODE 7 12,000 $ 432.19 $ 3.98 $ 432.19 $ 3.98 18,000 $ 456.07 $ 4.86 $ 456.07 $ 4.86 30,000 $ 514.39 $ 6.17 $ 514.39 $ 6.17 31N 0 $ 590.33 $ 3.04 $ 590.33 $ 3.04 TURBINE 6,000 $ 608.57 $ 3.40 $ 608.57 $ 3.40 CODE 8 12,000 $ 628.97 $ 3.98 $ 628.97 $ 3.98 18,000 $ 652.85 $ 4.86 $ 652.85 $ 4.86 30,000 $ 711.17 $ 6.17 $ 711.17 $ 6.17 41N 0 $ 614.93 $ 3.04 $ 614.93 $ 3.04 COMPOUND 6,000 $ 633.17 $ 3.40 $ 633.17 $ 3.40 CODE 9 12,000 $ 653.57 $ 3.98 $ 653.57 $ 3.98 18,000 $ 677.45 $ 4.86 $ 677.45 $ 4.86 30,000 $ 735.77 $ 6.17 $ 735.77 $ 6.17 41N 0 $ 1,033.08 $ 3.04 $ 1,033.08 $ 3.04 TURBINE 6,000 $ 1,051.32 $ 3.40 $ 1,051.32 $ 3.40 CODE 10 12,000 $ 1,071.72 $ 3.98 $ 1,071.72 $ 3.98 18,000 $ 1,095.60 $ 4.86 $ 1,095.60 $ 4.86 30,000 $ 1,153.92 $ 6.17 $ 1,153.92 $ 6.17 61N 0 $ 1,229.86 $ 3.04 $ 1,229.86 $ 3.04 COMPOUND 6,000 $ 1,248.10 $ 3.40 $ 1,248.10 $ 3.40 CODE 11 12,000 $ 1,268.50 $ 3.98 $ 1,268.50 $ 3.98 18,000 $ 1,292.38 $ 4.86 $ 1,292.38 $ 4.86 30,000 $ 1,350.70 $ 6.17 $ 1,350.70 $ 6.17 61N 0 $ 2,262.93 $ 3.04 $ 2,262.93 $ 3.04 TURBINE 6,000 $ 2,281.17 $ 3.40 $ 2,281.17 $ 3.40 CODE 12 12,000 $ 2,301.57 $ 3.98 $ 2,301.57 $ 3.98 18,000 $ 2,325.45 $ 4.86 $ 2,325.45 $ 4.86 30,000 $ 2,383.77 $ 6.17 $ 2,383.77 $ 6.17 81N 0 $ 1,987.74 $ 3.04 $ 1,987.74 $ 3.04 COMPOUND 6,000 $ 2,005.98 $ 3.40 $ 2,005.98 $ 3.40 CODE 13 12,000 $ 2,026.38 $ 3.98 $ 2,026.38 $ 3.98 18,000 $ 2,050.26 $ 4.86 $ 2,050.26 $ 4.86 30,000 $ 2,108.58 $ 6.17 $ 2,108.58 $ 6.17 54 City of Schertz Schedule of Fees (Public Works - Water Rates Residential I 2021-221 GALLONS SOLD BY METER SIZE (RESIDENTIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 81N 0 $ 3,975.48 $ 3.04 $ 3,975.48 $ 3.04 TURBINE 6,000 $ 3,993.72 $ 3.40 $ 3,993.72 $ 3.40 CODE 14 12,000 $ 4,014.12 $ 3.98 $ 4,014.12 $ 3.98 18,000 $ 4,038.00 $ 4.86 $ 4,038.00 $ 4.86 30,000 $ 4,096.32 $ 6.17 $ 4,096.32 $ 6.17 101N 0 $ 2,857.37 $ 3.04 $ 2,857.37 $ 3.04 COMPOUND 6,000 $ 2,875.61 $ 3.40 $ 2,875.61 $ 3.40 CODE 15 12,000 $ 2,896.01 $ 3.98 $ 2,896.01 $ 3.98 18,000 $ 2,919.89 $ 4.86 $ 2,919.89 $ 4.86 30,000 $ 2,978.21 $ 6.17 $ 2,978.21 $ 6.17 101N 0 $ 6,211.67 $ 3.04 $ 6,211.67 $ 3.04 TURBINE 6,000 $ 6,229.91 $ 3.40 $ 6,229.91 $ 3.40 CODE 16 12,000 $ 6,250.31 $ 3.98 $ 6,250.31 $ 3.98 18,000 $ 6,274.19 $ 4.86 $ 6,274.19 $ 4.86 30,000 $ 6,332.51 $ 6.17 $ 6,332.51 $ 6.17 12 1 N 0 $ 8,199.42 $ 3.04 $ 8,199.42 $ 3.04 TURBINE 6,000 $ 8,217.66 $ 3.40 $ 8,217.66 $ 3.40 CODE 17 12,000 $ 8,238.06 $ 3.98 $ 8,238.06 $ 3.98 18,000 $ 8,261.94 $ 4.86 $ 8,261.94 $ 4.86 30,000 $ 8,320.26 $ 6.17 $ 8,320.26 $ 6.17 m City of Schertz Schedule of Fees jPublic Works - Water Rates Commercial 1 2021 -22 GALLONS SOLD BY METER SIZE (COMMERCIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 5/8 IN 0 $ 24.61 $ 3.04 $ 24.61 $ 3.04 CODE 1 6,000 $ 42.85 $ 3.40 $ 42.85 $ 0.40 12,000 $ 63.25 $ 3.98 $ 63.25 $ 3.98 18,000 $ 87.13 $ 4.86 $ 87.13 $ 4.86 30,000 $ 145.45 $ 6.17 $ 145.45 $ 6.17 3/4 IN 0 $ 36.89 $ 3.04 $ 36.89 $ 3.04 CODE 2 6,000 $ 55.13 $ 3.40 $ 55.13 $ 3.40 12,000 $ 75.53 $ 3.98 $ 75.53 $ 3.98 18,000 $ 99.41 $ 4.86 $ 99.41 $ 4.86 30,000 $ 157.73 $ 6.17 $ 157.73 $ 6.17 1.0 IN 0 $ 61.49 $ 3.04 $ 61.49 $ 3.04 CODE 3 6,000 $ 79.73 $ 3.40 $ 79.73 $ 3.40 12,000 $ 100.13 $ 3.98 $ 100.13 $ 3.98 18,000 $ 124.01 $ 4.86 $ 124.01 $ 4.86 30,000 $ 182.33 $ 6.17 $ 182.33 $ 6.17 1 1/2 IN 0 $ 122.99 $ 3.04 $ 122.99 $ 3.04 CODE 4 6,000 $ 141.23 $ 3.40 $ 141.23 $ 3.40 12,000 $ 161.63 $ 3.98 $ 161.63 $ 3.98 18,000 $ 185.51 $ 4.86 $ 185.51 $ 4.86 30,000 $ 243.83 $ 6.17 $ 243.83 $ 6.17 2 1 N 0 $ 196.78 $ 3.04 $ 196.78 $ 3.04 SIMPLE 18,000 $ 251.50 $ 3.40 $ 215.02 $ 3.40 COMPOUND 36,000 $ 312.70 $ 3.98 $ 235.42 $ 3.98 CODE 5 54,000 $ 384.34 $ 4.86 $ 259.30 $ 4.86 90,000 $ 559.30 $ 6.17 $ 317.62 $ 6.17 21N 0 $ 245.96 $ 3.04 $ 245.96 $ 3.04 TURBINE 18,000 $ 300.68 $ 3.40 $ 264.20 $ 3.40 CODE 6 36,000 $ 361.88 $ 3.98 $ 284.60 $ 3.98 54,000 $ 433.52 $ 4.86 $ 308.48 $ 4.86 90,000 $ 608.48 $ 6.17 $ 366.80 $ 6.17 31N 0 $ 393.55 $ 3.04 $ 393.55 $ 3.04 COMPOUND 18,000 $ 448.27 $ 3.40 $ 411.79 $ 3.40 CODE 7 36,000 $ 509.47 $ 3.98 $ 432.19 $ 3.98 54,000 $ 581.11 $ 4.86 $ 456.07 $ 4.86 90,000 $ 756.07 $ 6.17 $ 514.39 $ 6.17 City of Schertz Schedule of Fees jPublic Works - Water Rates Commercial 1 2021 -22 GALLONS SOLD BY METER SIZE (COMMERCIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 31N 0 $ 590.33 $ 3.04 $ 590.33 $ 3.04 TURBINE 18,000 $ 645.05 $ 3.40 $ 608.57 $ 3.40 CODE 8 36,000 $ 706.25 $ 3.98 $ 628.97 $ 3.98 54,000 $ 777.89 $ 4.86 $ 652.85 $ 4.86 90,000 $ 952.85 $ 6.17 $ 711.17 $ 6.17 41N 0 $ 614.93 $ 3.04 $ 614.93 $ 3.04 COMPOUND 18,000 $ 669.65 $ 3.40 $ 633.17 $ 3.40 CODE 9 36,000 $ 730.85 $ 3.98 $ 653.57 $ 3.98 54,000 $ 802.49 $ 4.86 $ 677.45 $ 4.86 90,000 $ 977.45 $ 6.17 $ 735.77 $ 6.17 41N 0 $ 1,033.08 $ 3.04 $ 1,033.08 $ 3.04 TURBINE 18,000 $ 1,087.80 $ 3.40 $ 1,051.32 $ 3.40 CODE 10 36,000 $ 1,149.00 $ 3.98 $ 1,071.72 $ 3.98 54,000 $ 1,220.64 $ 4.86 $ 1,095.60 $ 4.86 90,000 $ 1,395.60 $ 6.17 $ 1,153.92 $ 6.17 61N 0 $ 1,229.86 $ 3.04 $ 1,229.86 $ 3.04 COMPOUND 18,000 $ 1,284.58 $ 3.40 $ 1,248.10 $ 3.40 CODE 11 36,000 $ 1,345.78 $ 3.98 $ 1,268.50 $ 3.98 54,000 $ 1,417.42 $ 4.86 $ 1,292.38 $ 4.86 90,000 $ 1,592.38 $ 6.17 $ 1,350.70 $ 6.17 61N 0 $ 2,262.93 $ 3.04 $ 2,262.93 $ 3.04 TURBINE 18,000 $ 2,317.65 $ 3.40 $ 2,281.17 $ 3.40 CODE 12 36,000 $ 2,378.85 $ 3.98 $ 2,301.57 $ 3.98 54,000 $ 2,450.49 $ 4.86 $ 2,325.45 $ 4.86 90,000 $ 2,625.45 $ 6.17 $ 2,383.77 $ 6.17 81N 0 $ 1,987.74 $ 3.04 $ 1,987.74 $ 3.04 COMPOUND 18,000 $ 2,042.46 $ 3.40 $ 2,005.98 $ 3.40 CODE 13 36,000 $ 2,103.66 $ 3.98 $ 2,026.38 $ 3.98 54,000 $ 2,175.30 $ 4.86 $ 2,050.26 $ 4.86 90,000 $ 2,350.26 $ 6.17 $ 2,108.58 $ 6.17 6v City of Schertz Schedule of Fees jPublic Works - Water Rates Commercial 1 2021 -22 GALLONS SOLD BY METER SIZE (COMMERCIAL) INSIDE CITY OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 81N 0 $ 3,975.48 $ 3.04 $ 3,975.48 $ 3.04 TURBINE 18,000 $ 4,030.20 $ 3.40 $ 3,993.72 $ 3.40 CODE 14 36,000 $ 4,091.40 $ 3.98 $ 4,014.12 $ 3.98 54,000 $ 4,163.04 $ 4.86 $ 4,038.00 $ 4.86 90,000 $ 4,338.00 $ 6.17 $ 4,096.32 $ 6.17 101N 0 $ 2,857.37 $ 3.04 $ 2,857.37 $ 3.04 COMPOUND 18,000 $ 2,912.09 $ 3.40 $ 2,875.61 $ 3.40 CODE 15 36,000 $ 2,973.29 $ 3.98 $ 2,896.01 $ 3.98 54,000 $ 3,044.93 $ 4.86 $ 2,919.89 $ 4.86 90,000 $ 3,219.89 $ 6.17 $ 2,978.21 $ 6.17 101N 0 $ 6,211.67 $ 3.04 $ 6,211.67 $ 3.04 TURBINE 18,000 $ 6,266.39 $ 3.40 $ 6,229.91 $ 3.40 CODE 16 36,000 $ 6,327.59 $ 3.98 $ 6,250.31 $ 3.98 54,000 $ 6,399.23 $ 4.86 $ 6,274.19 $ 4.86 90,000 $ 6,574.19 $ 6.17 $ 6,332.51 $ 6.17 12 1 N 0 $ 8,199.42 $ 3.04 $ 8,199.42 $ 3.04 TURBINE 18,000 $ 8,254.14 $ 3.40 $ 8,217.66 $ 3.40 CODE 17 36,000 $ 8,315.34 $ 3.98 $ 8,238.06 $ 3.98 54,000 $ 8,386.98 $ 4.86 $ 8,261.94 $ 4.86 90,000 $ 8,561.94 $ 6.17 $ 8,320.26 $ 6.17 RATE 1000 FH METER $ 116.88 $ 8.98 Cibolo Wholesale Water Rate $ 3.27 M.* City of Schertz Schedule of Fees (Public Works - Water Rates I 2020 -21 I GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY I I OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 5/8 IN 0 $ 24.61 $ 3.04 $ 29.81 $ 6.08 CODE 1 6,000 $ 42.85 $ 3.09 $ 66.29 $ 6.15 9,000 $ 52.12 $ 3.34 $ 84.74 $ 6.71 12,000 $ 62.14 $ 3.61 $ 104.87 $ 7.21 15,000 $ 72.97 $ 3.82 $ 126.50 $ 7.64 18,000 $ 84.43 $ 4.81 $ 149.42 $ 9.61 30,000 $ 142.15 $ 5.46 $ 264.74 $ 10.94 45,000 $ 224.05 $ 5.81 $ 428.84 $ 11.64 60,000 $ 311.20 $ 6.03 $ 603.44 $ 12.04 75,000+ $ 401.65 $ 6.15 $ 784.04 $ 12.31 3/4 IN 0 $ 36.89 $ 3.04 $ 44.69 $ 6.08 CODE 2 6,000 $ 55.13 $ 3.09 $ 81.17 $ 6.15 9,000 $ 64.40 $ 3.34 $ 99.62 $ 6.71 12,000 $ 74.42 $ 3.61 $ 119.75 $ 7.21 15,000 $ 85.25 $ 3.82 $ 141.38 $ 7.64 18,000 $ 96.71 $ 4.81 $ 164.30 $ 9.61 30,000 $ 154.43 $ 5.46 $ 279.62 $ 10.94 45,000 $ 236.33 $ 5.81 $ 443.72 $ 11.64 60,000 $ 323.48 $ 6.03 $ 618.32 $ 12.04 75,000+ $ 413.93 $ 6.15 $ 798.92 $ 12.31 1.0 IN 0 $ 61.49 $ 3.04 $ 74.48 $ 6.08 CODE 3 6,000 $ 79.73 $ 3.09 $ 110.96 $ 6.15 9,000 $ 89.00 $ 3.34 $ 129.41 $ 6.71 12,000 $ 99.02 $ 3.61 $ 149.54 $ 7.21 15,000 $ 109.85 $ 3.82 $ 171.17 $ 7.64 18,000 $ 121.31 $ 4.81 $ 194.09 $ 9.61 30,000 $ 179.03 $ 5.46 $ 309.41 $ 10.94 45,000 $ 260.93 $ 5.81 $ 473.51 $ 11.64 60,000 $ 348.08 $ 6.03 $ 648.11 $ 12.04 75,000+ $ 438.53 $ 6.15 $ 828.71 $ 12.31 m City of Schertz Schedule of Fees Public Works - Water Rates 2020 -21 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY I I OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 1 1/2 IN 0 $ 122.99 $ 3.04 $ 148.96 $ 6.08 CODE 4 15,000 $ 168.59 $ 3.09 $ 240.16 $ 6.15 30,000 $ 214.94 $ 3.34 $ 332.41 $ 6.71 45,000 $ 265.04 $ 3.61 $ 433.06 $ 7.21 60,000 $ 319.19 $ 3.82 $ 541.21 $ 7.64 75,000 $ 376.49 $ 4.81 $ 655.81 $ 9.61 100,000 $ 496.74 $ 5.46 $ 896.06 $ 10.94 125,000 $ 633.24 $ 5.81 $ 1,169.56 $ 11.64 150,000 $ 778.49 $ 6.03 $ 1,460.56 $ 12.04 175,000+ $ 929.24 $ 6.15 $ 1,761.56 $ 12.31 21N 0 $ 196.78 $ 3.04 $ 238.33 $ 6.08 SIMPLE 24,000 $ 269.74 $ 3.09 $ 384.25 $ 6.15 COMPOUND 48,000 $ 343.90 $ 3.34 $ 531.85 $ 6.71 CODE 5 72,000 $ 424.06 $ 3.61 $ 692.89 $ 7.21 96,000 $ 510.70 $ 3.82 $ 865.93 $ 7.64 120,000 $ 602.38 $ 4.81 $ 1,049.29 $ 9.61 160000 $ 794.78 $ 5.46 $ 1,433.69 $ 10.94 200,000 $ 1,013.18 $ 5.81 $ 1,871.29 $ 11.64 240,000 $ 1,245.58 $ 6.03 $ 2,336.89 $ 12.04 280,000+ $ 1,486.78 $ 6.15 $ 2,818.49 $ 12.31 21N 0 $ 245.96 $ 3.04 $ 297.92 $ 6.08 TURBINE 30,000 $ 337.16 $ 3.09 $ 480.32 $ 6.15 CODE 6 60,000 $ 429.86 $ 3.34 $ 664.82 $ 6.71 90,000 $ 530.06 $ 3.61 $ 866.12 $ 7.21 120,000 $ 638.36 $ 3.82 $ 1,082.42 $ 7.64 150,000 $ 752.96 $ 4.81 $ 1,311.62 $ 9.61 200,000 $ 993.46 $ 5.46 $ 1,792.12 $ 10.94 250,000 $ 1,266.46 $ 5.81 $ 2,339.12 $ 11.64 300,000 $ 1,556.96 $ 6.03 $ 2,921.12 $ 12.04 350,000+ $ 1,858.46 $ 6.15 $ 3,523.12 $ 12.31 .f City of Schertz Schedule of Fees Public Works - Water Rates 2020 -21 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY I I OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 31N 0 $ 393.55 $ 3.04 $ 476.66 $ 6.08 COMPOUND 48,000 $ 539.47 $ 3.09 $ 768.50 $ 6.15 CODE 7 96,000 $ 687.79 $ 3.34 $ 1,063.70 $ 6.71 144,000 $ 848.11 $ 3.61 $ 1,385.78 $ 7.21 192,000 $ 1,021.39 $ 3.82 $ 1,731.86 $ 7.64 240,000 $ 1,204.75 $ 4.81 $ 2,098.58 $ 9.61 320,000 $ 1,589.55 $ 5.46 $ 2,867.38 $ 10.94 400,000 $ 2,026.35 $ 5.81 $ 3,742.58 $ 11.64 480,000 $ 2,491.15 $ 6.03 $ 4,673.78 $ 12.04 560,000+ $ 2,973.55 $ 6.15 $ 5,636.98 $ 12.31 3 1 N 0 $ 590.33 $ 3.04 $ 715.01 $ 6.08 TURBINE 72,000 $ 809.21 $ 3.09 $ 1,152.77 $ 6.15 CODE 8 144,000 $ 1,031.69 $ 3.34 $ 1,595.57 $ 6.71 216,000 $ 1,272.17 $ 3.61 $ 2,078.69 $ 7.21 288,000 $ 1,532.09 $ 3.82 $ 2,597.81 $ 7.64 408,000 $ 1,990.49 $ 4.81 $ 3,514.61 $ 9.61 528,000 $ 2,567.69 $ 5.46 $ 4,667.81 $ 10.94 648,000 $ 3,222.89 $ 5.81 $ 5,980.61 $ 11.64 768,000 $ 3,920.09 $ 6.03 $ 7,377.41 $ 12.04 888,000+ $ 4,643.69 $ 6.15 $ 8,822.21 $ 12.31 4 1 N 0 $ 614.93 $ 3.04 $ 744.79 $ 6.08 COMPOUND 75,000 $ 842.93 $ 3.09 $ 1,200.79 $ 6.15 CODE 9 150,000 $ 1,074.68 $ 3.34 $ 1,662.04 $ 6.71 225,000 $ 1,325.18 $ 3.61 $ 2,165.29 $ 7.21 300,000 $ 1,595.93 $ 3.82 $ 2,706.04 $ 7.64 425,000 $ 2,073.43 $ 4.81 $ 3,661.04 $ 9.61 550,000 $ 2,674.68 $ 5.46 $ 4,862.29 $ 10.94 675,000 $ 3,357.18 $ 5.81 $ 6,229.79 $ 11.64 800,000 $ 4,083.43 $ 6.03 $ 7,684.79 $ 12.04 925,000+ $ 4,837.18 $ 6.15 $ 9,189.79 $ 12.31 mo City of Schertz Schedule of Fees Public Works - Water Rates 2020 -21 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY I I OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 41N 0 $ 1,033.08 $ 3.04 $ 1,251.24 $ 6.08 TURBINE 126,000 $ 1,416.12 $ 3.09 $ 2,017.32 $ 6.15 CODE 10 252,000 $ 1,805.46 $ 3.34 $ 2,792.22 $ 6.71 378,000 $ 2,226.30 $ 3.61 $ 3,637.68 $ 7.21 504,000 $ 2,681.16 $ 3.82 $ 4,546.14 $ 7.64 630,000 $ 3,162.48 $ 4.81 $ 5,508.78 $ 9.61 840,000 $ 4,172.58 $ 5.46 $ 7,526.88 $ 10.94 1,050,000 $ 5,319.18 $ 5.81 $ 9,824.28 $ 11.64 1,260,000 $ 6,539.28 $ 6.03 $ 12,268.68 $ 12.04 1,470,000+ $ 7,805.58 $ 6.15 $ 14,797.08 $ 12.31 61N 0 $ 1,229.86 $ 3.04 $ 1,489.60 $ 6.08 COMPOUND 150,000 $ 1,685.86 $ 3.09 $ 2,401.60 $ 6.15 CODE 11 300,000 $ 2,149.36 $ 3.34 $ 3,324.10 $ 6.71 450,000 $ 2,650.36 $ 3.61 $ 4,330.60 $ 7.21 600,000 $ 3,191.86 $ 3.82 $ 5,412.10 $ 7.64 750,000 $ 3,764.86 $ 4.81 $ 6,558.10 $ 9.61 1,000,000 $ 4,967.36 $ 5.46 $ 8,960.60 $ 10.94 1,250,000 $ 6,332.36 $ 5.81 $ 11,695.60 $ 11.64 1,500,000 $ 7,784.86 $ 6.03 $ 14,605.60 $ 12.04 1,750,000+ $ 9,292.36 $ 6.15 $ 17,615.60 $ 12.31 61N 0 $ 2,262.93 $ 3.04 $ 2,740.85 $ 6.08 TURBINE 276,000 $ 3,101.97 $ 3.09 $ 4,418.93 $ 6.15 CODE 12 552,000 $ 3,954.81 $ 3.34 $ 6,116.33 $ 6.71 828,000 $ 4,876.65 $ 3.61 $ 7,968.29 $ 7.21 1,104,000 $ 5,873.01 $ 3.82 $ 9,958.25 $ 7.64 1,380,000 $ 6,927.33 $ 4.81 $ 12,066.89 $ 9.61 1,840,000 $ 9,139.93 $ 5.46 $ 16,487.49 $ 10.94 2,300,000 $ 11,651.53 $ 5.81 $ 21,519.89 $ 11.64 2,760,000 $ 14,324.13 $ 6.03 $ 26,874.29 $ 12.04 3,220,000+ $ 17,097.93 $ 6.15 $ 32,412.69 $ 12.31 G% City of Schertz Schedule of Fees Public Works - Water Rates 2020 -21 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY I I OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 81N 0 $ 1,987.74 $ 3.04 $ 2,407.27 $ 6.08 COMPOUND 240,000 $ 2,717.34 $ 3.09 $ 3,866.47 $ 6.15 CODE 13 480,000 $ 3,458.94 $ 3.34 $ 5,342.47 $ 6.71 720,000 $ 4,260.54 $ 3.61 $ 6,952.87 $ 7.21 960,000 $ 5,126.94 $ 3.82 $ 8,683.27 $ 7.64 1,200,000 $ 6,043.74 $ 4.81 $ 10,516.87 $ 9.61 1,600,000 $ 7,967.74 $ 5.46 $ 14,360.87 $ 10.94 2,000,000 $ 10,151.74 $ 5.81 $ 18,736.87 $ 11.64 2,400,000 $ 12,475.74 $ 6.03 $ 23,392.87 $ 12.04 2,800,000+ $ 14,887.74 $ 6.15 $ 28,208.87 $ 12.31 81N 0 $ 3,975.48 $ 3.04 $ 4,814.54 $ 6.08 TURBINE 480,000 $ 5,434.68 $ 3.09 $ 7,732.94 $ 6.15 CODE 14 960,000 $ 6,917.88 $ 3.34 $ 10,684.94 $ 6.71 1,440,000 $ 8,521.08 $ 3.61 $ 13,905.74 $ 7.21 1,920,000 $ 10,253.88 $ 3.82 $ 17,366.54 $ 7.64 2,400,000 $ 12,087.48 $ 4.81 $ 21,033.74 $ 9.61 3,200,000 $ 15,935.48 $ 5.46 $ 28,721.74 $ 10.94 4,000,000 $ 20,303.48 $ 5.81 $ 37,473.74 $ 11.64 4,800,000 $ 24,951.48 $ 6.03 $ 46,785.74 $ 12.04 5,600,000+ $ 32,187.48 $ 6.15 $ 61,233.74 $ 12.31 101N 0 $ 2,857.37 $ 3.04 $ 3,460.46 $ 6.08 COMPOUND 345,000 $ 3,906.17 $ 3.09 $ 5,558.06 $ 6.15 CODE 15 690,000 $ 4,972.22 $ 3.34 $ 7,679.81 $ 6.71 1,035,000 $ 6,124.52 $ 3.61 $ 9,994.76 $ 7.21 1,380,000 $ 7,369.97 $ 3.82 $ 12,482.21 $ 7.64 1,725,000 $ 8,687.87 $ 4.81 $ 15,118.01 $ 9.61 2,300,000 $ 11,453.62 $ 5.46 $ 20,643.76 $ 10.94 2,875,000 $ 14,593.12 $ 5.81 $ 26,934.26 $ 11.64 3,450,000 $ 17,933.87 $ 6.03 $ 33,627.26 $ 12.04 4,025,000+ $ 21,401.12 $ 6.15 $ 40,550.26 $ 12.31 63 City of Schertz Schedule of Fees Public Works - Water Rates 2020 -21 GALLONS SOLD BY METER SIZE (RESIDENTIAL AND SMALL COMMERCIAL) INSIDE CITY I I OUTSIDE CITY METER BLOCK GALLONS BLOCK RATE RATE 1000 BLOCK RATE RATE 1000 10 IN 0 $ 6,211.67 $ 3.04 $ 7,182.34 $ 6.08 TURBINE 750,000 $ 8,491.67 $ 3.09 $ 11,742.34 $ 6.15 CODE 16 1,500,000 $ 10,809.17 $ 3.34 $ 16,354.84 $ 6.71 2,250,000 $ 13,314.17 $ 3.61 $ 21,387.34 $ 7.21 3,000,000 $ 16,021.67 $ 3.82 $ 26,794.84 $ 7.64 3,750,000 $ 18,886.67 $ 4.81 $ 32,524.84 $ 9.61 5,000,000 $ 24,899.17 $ 5.46 $ 44,537.34 $ 10.94 6,250,000 $ 31,724.17 $ 5.81 $ 58,212.34 $ 11.64 7,500,000 $ 38,986.67 $ 6.03 $ 72,762.34 $ 12.04 8,750,000+ $ 46,524.17 $ 6.15 $ 87,812.34 $ 12.31 12 IN 0 $ 8,199.42 $ 3.04 $ 9,929.99 $ 6.08 TURBINE 990,000 $ 11,209.02 $ 3.09 $ 15,949.19 $ 6.15 CODE 17 1,980,000 $ 14,268.12 $ 3.34 $ 22,037.69 $ 6.71 2,970,000 $ 17,574.72 $ 3.61 $ 28,680.59 $ 7.21 3,960,000 $ 21,148.62 $ 3.82 $ 35,818.49 $ 7.64 4,950,000 $ 24,930.42 $ 4.81 $ 43,382.09 $ 9.61 6,600,000 $ 32,866.92 $ 5.46 $ 59,238.59 $ 10.94 8,250,000 $ 41,875.92 $ 5.81 $ 77,289.59 $ 11.64 9,900,000 $ 51,462.42 $ 6.03 $ 96,495.59 $ 12.04 11,550,000+ $ 61,411.92 $ 6.15 $ 116,361.59 $ 12.31 RATE 1000 FH METER $ 116.88 $ 8.98 Cibolo Wholesale Water Rate $ 3.27 64 City of Schertz Schedule of Fees Drought Contingency Surcharges 1 2020 -21 2021 -22� For the first 1,000 gallons over allocation* $ 2.00 $ 2.00 For the second 1,000 gallons over allocation* $ 100 $ 100 For the third 1,000 gallons over allocation* $ 4.00 $ 4.00 For each additional 1,000 gallons over allocation* $ 5.00 $ 5.00 Drought Contingency Violation Fines, up to $ 200.00 $ 200.00 *Refer to the Conservation Ordinance for all allocations 65 & Solutions July 22, 2021 Mr. David Kneuper, P.E. Utility Engineering Group, PLLC 191 N. Union Avenue New Braunfels, TX 78130 Subject: Water and Wastewater Rate Design Study — Draft Report Dear Mr. Kneuper: 275 W. Campbell Rd, Suite 440 Richardson, TX 75080 Phone: (972) 680 -2000 NewGen Strategies and Solutions, LLC (NewGen) was engaged by Utility Engineering Group, PLLC (UEG) to conduct a Retail Water and Wastewater Rate Study (Study) for the City of Schertz (City). This draft report describes the analysis performed for the City and makes recommendations with respect to rates to be charged to the City's retail customers. The analysis performed by NewGen is designed to consider the revenue requirement from the current Fiscal Year (FY) 2021 through FY 2026. As with any rate study, assumptions must be made. The City should be aware that the actual rates required may be different from the projected rates outlined in this report due to unforeseen changes such as system growth, inflation, etc. In addition, it should be noted that this analysis is based on data provided by the City. While this data has been reviewed and tested for accuracy to the extent possible, if the data relied on by the Project Team to produce this analysis is inaccurate and not reflective of the actual operation and /or financial condition of the City's water and wastewater system, then the results of this analysis may merit revision. A water and wastewater utility is essentially a business run by a City and, therefore, should operate in a fiscally sound and prudent manner. The City Council must currently contend with issues which are impacting the financial integrity and stability of the City's water and wastewater utility. The primary issue the utility is facing is the Capital Improvement Plan (CIP). The secondary issue the utility is facing is the water purchases due to the Guadalupe Plant coming on -line. Both of these issues are discussed in more detail below. It is the Project Team's understanding that the City's last rate action was taken in October 2018 for water rates and October 2019 for wastewater rates. Regular review and revision of a utility's rates is necessary to ensure that sufficient funds are available to meet the financial requirements of the utility, as well as to ensure that the pricing signals being provided to customers meet the goals and objectives of the City Council. Regular revision of rates is also important to pass along increases in cost from wholesale service providers. Increases in wholesale costs represent an increase in the overall cost of goods sold. Failure to pass along such cost increases to customers only serves to erode the City's ability to generate needed financial resources to maintain its own internal infrastructure. Based on the analysis conducted and in consideration of the overarching issues, the Project Team has outlined a proposed plan for adopting rates which will assist the City in facilitating the long -term financial stability of the utility systems while providing needed funding for the City's ongoing capital improvement Economics Strategy Stakeholders Sustainability www.newgenstrategies.net Mr. David Kneuper July 22, 2021 Page 2 program. This rate plan is illustrated in Appendix A; the underlying methodology supporting this rate plan is detailed throughout the remainder of this report. Development of Revenue ire There are two primary ratemaking methodologies employed in the utility industry: the utility basis and the cash basis. The primary difference between the utility basis and the cash basis involves the treatment of depreciation, return on invested capital, and debt service. The utility basis, most commonly used by private utilities, includes depreciation and return on invested capital, but excludes debt service from the revenue requirement determination. The cash basis, which is the most common method used by governmental entities, includes debt service, but excludes depreciation and return on invested capital in the revenue requirement determination. The cash basis focuses on meeting the cash demands of the utility. The cash basis is usually more easily understood since it follows the traditional cash - oriented budgeting practices used by governmental entities. In addition, the cash basis is generally easier to explain to customers since the cash basis attempts to match revenue to expenditures. In performing this analysis, the Project Team has utilized the cash basis to develop the City's revenue requirement. To develop the Test Year Revenue Requirement (i.e., the first year for which rates are developed), NewGen utilized the City's adopted FY 2021 budget. Since the focus of the Study is the water and wastewater rates, solid waste expenses and revenues were removed, which were approximately $4.7 million of expenses and $5.6 million of revenues. Based on discussions with Staff about the capital improvement project list, cash capital and a transfer to the capital construction reserve fund were added. Both the wholesale debt payment and existing debt payment had slight adjustments to match up with the debt schedules. No adjustment was made to the operations and maintenance portion of the wholesale cost in the Test Year. In order to calculate the revenues that are required from rates to cover expenses associated with providing retail service, it is necessary to isolate the cost of service by subtracting utility - related non -rate revenues, also known as revenue offsets, from the cost of service. Since the purpose of the Study is to determine the costs necessary to recover through water and wastewater rates, the revenue projected to be generated through rates must also be removed from the budget. After the removal of rate revenues, the resulting cost of providing water and wastewater is projected to be approximately $19.3 million in the Test Year. The revenue requirement is shown in Table 1 below. Schertz Draft Report Mr. David Kneuper July 22, 2021 Page 3 Table 1 Revenues FY 2021 Budget Adjustments Test Year Expenses $18,692,000 ($18,692,000) $0 0 &M $10,673,611 ($4,721,600) $5,952,011 Water Purchases 3,200,000 0 3,200,000 Sewer Purchases 4,100,000 0 4,100,000 Cash Capital 146,887 407,000 553,887 Transfer to Reserve 0 2,263,518 2,263,518 Wholesale Debt Service 4,599,173 (9,800) 4,589,373 Existing Debt Service 2,106,932 20 2,106,952 Total Cost of Service $24,826,603 ($2,060,862) $22,765,741 Revenues Rate Revenue $18,692,000 ($18,692,000) $0 Non -Rate Revenue 6,812,368 (5,616,000) 1,196,368 Total Revenue Offsets $25,504,368 ($24,308,000) $1,196,368 Total Revenue Requirement ($677,765) $19,983,620 $19,305,855 Forecasted v Requirement In determining the forecasted revenue requirement of the utility, the Project Team utilized the City's adopted FY 2021 budget, adjusted as discussed above, as the basis for the revenue requirement projections through FY 2026. Inflation factors were estimated and applied to the baseline data. The source for each factor are discussed below in detail. Chemicals — Twenty (20) year average Producer Price Index (PPI) for Water Treating Compounds plus customer growth Customer Growth — 300 Accounts per year' Debt Service — Debt Principal and Interest schedules Electricity — Annual Energy Outlook 2020 electricity inflation Natural Gas — Annual Energy Outlook 2020 natural inflation Fuel — Annual Energy Outlook 2020 fuel inflation General Inflation — American WSC and County, Municipal Cost Index (MCI), 20 -year average Inflation + Customer Growth — General inflation plus customer growth factor 1 Per discussions with Staff. Z The Annual Energy Outlook, published annually by the U. S. Energy Information Administration, presents yearly projections and analysis of energy topics including natural gas, motor gasoline, fuel oils, electricity, and propane. 3 The Municipal Cost Index, published monthly by American WSC and County, is designed to show the effects of inflation on the cost of providing municipal services. Schertz Draft Report Mr. David Kneuper July 22, 2021 Page 4 Sewer Purchases - SARA, NBU, and CCMA historical invoices and projections. Table 2 represents the inflation factors applied for the five years of the Study period. Capital rove n rejects One of the key issues reviewed during this Study was the need for capital improvement projects. As of July 2021, the City has a CIP consisting of current costs of approximately $37.7 million in water projects and $25.7 million in wastewater projects over the next five years. Presently, it is anticipated that $11.5 million will be debt funded, $27 million will be funded through impact fees, and $24.9 million will be funded through cash and reserves. The new debt principal and interest will be funded through cash generated from rates. In addition, the City is expecting to receive and use funds from the City's American Recovery Funds (ARP Funds) specific to water and sewer infrastructure. The estimated total of $4.4 million was considered but should not be relied on until it is confirmed that these funds will be used on for utility related projects. Figure 1 below shows the projected capital in each year by funding source. a FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 IN New Debt 5, Cash 21 W&S Construction Reserve Irnpact Fee. IN ARP Funds Figure 2 - Capital Improvement Projects By Funding Source Schertz Draft Report FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Chemicals 1.24% 1.24% 1.24% 1.24% 1.24% Customer Growth 2.00% 2.00% 2.00% 2.00% 2.00% Electricity 2.32% 2.35% 2.84% 3.75% 3.57% Natural Gas 2.79% 3.17% 4.00% 5.28% 4.27% Fuel 2.53% 2.02% 0.92% 3.42% 3.21% General 2.48% 2.48% 2.48% 2.48% 2.48% General + Growth 4.48% 4.48% 4.48% 4.48% 4.48% Capital rove n rejects One of the key issues reviewed during this Study was the need for capital improvement projects. As of July 2021, the City has a CIP consisting of current costs of approximately $37.7 million in water projects and $25.7 million in wastewater projects over the next five years. Presently, it is anticipated that $11.5 million will be debt funded, $27 million will be funded through impact fees, and $24.9 million will be funded through cash and reserves. The new debt principal and interest will be funded through cash generated from rates. In addition, the City is expecting to receive and use funds from the City's American Recovery Funds (ARP Funds) specific to water and sewer infrastructure. The estimated total of $4.4 million was considered but should not be relied on until it is confirmed that these funds will be used on for utility related projects. Figure 1 below shows the projected capital in each year by funding source. a FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 IN New Debt 5, Cash 21 W&S Construction Reserve Irnpact Fee. IN ARP Funds Figure 2 - Capital Improvement Projects By Funding Source Schertz Draft Report Mr. David Kneuper July 22, 2021 Page 5 Ater Purchases The second key issue reviewed in this Study is the change in water source. The City purchases water from SSLGC, which has provided the City water from the Gonzales plant. The City Council had previously approved moving forward on building the Guadalupe Plant and using it for part of the water purchase from SSLGC. This plant is expected to come on -line in FY 2023 and the City is projected to have an approximately 10% increase to their water purchase costs in FY 2023. Table 3 shows the projected water purchase cost estimates from SSLGC, which were provided by SSLGC during a March 2021 presentation. '"M sF—A t, Estimated is In evaluating the performance of existing water and wastewater rates and to project future water and wastewater rates, some estimation of billed water consumption and wastewater flow is required. In making this estimation, it is necessary to consider a period of normal precipitation. If data involving abnormal weather patterns is utilized (i.e., unusually low or excessive precipitation), then the resulting revenue estimates could be too high or too low. For purposes of this Study, the Project Team reviewed consumption data from October 2018 through December 2020. The data was examined for accuracy and trends as well as reviewed for impacts from COVID -19. It was determined the pandemic did not appear to have a measurable impact on consumption data. As a result of the analysis, the Project Team selected a 12 -month period based on the last 12 months reviewed as the "Test Year." The City's actual experienced consumption and flow should be compared annually to the figures utilized and projected within this Study. To the extent significant variances exist, the rates presented herein may need to be amended. The City's water rates were last amended in October 2018, and the City's wastewater rates were last amended in October 2019. Both rate structures currently consist of a two -part rate design composed of a minimum monthly charge for all customers with a volumetric rate structure. Schertz Draft Report Y 2022 IFY 2023 IFY 2024 FY 2025 FY 2026 Gonzales Plant Volumetric Rate (per 1,000 gal) $1.64 $1.68 $1.74 $1.82 $1.89 Volumes (1,000 gal) 2,047,974 1,384,867 1,384,867 1,384,867 1,384,867 Gonzales Projected Cost $3,358,677 $2,326,576 $2,409,668 $2,520,457 $2,617,398 Guadalupe Plant Volumetric Rate (per 1,000 gal) $0.00 $2.47 $2.49 $2.53 $2.53 Volumes (1,000 gal) 0 704,164 745,873 788,559 831,898 Guadalupe Projected Cost $0 $1,739,285 $1,857,224 $1,995,055 $2,104,701 Debt Payments 3,880,592 3,956,615 4,010,590 4,065,444 4,185,412 Total Projected Cost $7,239,268 $8,022,476 $8,277,482 $8,580,957 $8,907,511 Variance, $ $783,208 $255,055 $303,475 $326,554 Variance, % 10.82% 3.18% 3.67% 3.81 Estimated is In evaluating the performance of existing water and wastewater rates and to project future water and wastewater rates, some estimation of billed water consumption and wastewater flow is required. In making this estimation, it is necessary to consider a period of normal precipitation. If data involving abnormal weather patterns is utilized (i.e., unusually low or excessive precipitation), then the resulting revenue estimates could be too high or too low. For purposes of this Study, the Project Team reviewed consumption data from October 2018 through December 2020. The data was examined for accuracy and trends as well as reviewed for impacts from COVID -19. It was determined the pandemic did not appear to have a measurable impact on consumption data. As a result of the analysis, the Project Team selected a 12 -month period based on the last 12 months reviewed as the "Test Year." The City's actual experienced consumption and flow should be compared annually to the figures utilized and projected within this Study. To the extent significant variances exist, the rates presented herein may need to be amended. The City's water rates were last amended in October 2018, and the City's wastewater rates were last amended in October 2019. Both rate structures currently consist of a two -part rate design composed of a minimum monthly charge for all customers with a volumetric rate structure. Schertz Draft Report Mr. David Kneuper July 22, 2021 Page 6 Standards promulgated by the American Water Works Association (AWWA) and general industry best practices are used in evaluating the adequacy of the City's existing rate design. The Project Team reviewed the City's existing rate structure and noted that the minimum charges do increase based on meter size. It is industry best practice to increase the minimum charge with larger meter sizes. Larger water meters can place greater demands on the water system, and thus should pay a greater fixed charge to compensate the utility for the infrastructure put into service to accommodate this increased demand. Another industry best practice is to have an inclining volumetric block rate structure because it encourages conservation based on the Texas Water Conservation Implementation Task Force's Best Management Practices (TWCITF BMP). The City currently has a 10 block inclining rate structure that differs for each meter size. In reviewing rates, the Project Team not only considered the overall cost of providing utility service, but also considered the City's financial policies. It is the Project Team's understanding that the City has a debt service coverage ratio (DSC) policy of 1.00. Additionally, it is our understanding that the City has a fund balance reserve goal of 26% of Operating Expenditures. Table 4 below presents the anticipated financial performance of the City's current water rates for the term of the Study. Please note that the variation in revenue requirement is due to the fluctuation in needed transfer to the capital construction reserve to pay for capital. Table ected Water Revenue Performance FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Projected Rate Revenue Under Current Rates $12,460,984 $12,656,010 $12,851,037 $13,046,064 $13,241,090 $13,436,117 Rate Revenue Requirement 12,647,740 13,687,604 15,562,391 14,450,163 12,770,229 17,545,946 Over/ (Under) Recovery ($) ($186,756) ($1,031,594) ($2,711,354) ($1,404,100) $470,861 ($4,109,829) Over / (Under) Recovery ( %) -1.48% -7.54% - 17.42% -9.72% 3.69% - 23.42% As displayed in Table 4, the current water rates are not anticipated to generate sufficient revenue to recover the costs of providing water service in each of the fiscal years included in the Study. In reviewing water rates, the Project Team found the primary factors of the insufficiency were due to the increase in wholesale water purchases and capital. Wastewater Rates Table 5 below presents the anticipated financial performance of the City's current wastewater rates for the term of the Study. As shown, the current wastewater rates are not anticipated to generate sufficient revenue to recover the costs of providing wastewater service in each of the fiscal years included in the Study. Schertz Draft Report Mr. David Kneuper July 22, 2021 Page 7 Table Projected r Revenue Performance r Current Rates FY 2021 FY 2022 IFY 2023 IFY 2024 FY 2025 FY 2026 Projected Rate Revenue Under Current Rates $8,293,747 $8,420,000 $8,556,254 $8,692,507 $8,828,760 $8,965,013 Rate Revenue Requirement 8,921,633 8,242,121 9,015,249 8,732,167 8,974,607 9,184,044 Over / (Under) Recovery ($) ($637,886) $177,880 ($458,996) ($39,660) ($145,847) ($219,030) Over / (Under) Recovery ( %) -7.15% 2.16% -5.09% -0.45% -1.63% -2.38% (ombined Utility Table 6 below presents the combined anticipated financial performance of the City's current rates for the term of the Study. As shown, on a combined basis, the rates are not anticipated to generate sufficient revenue to cover costs or the Fund Balance Reserve target. Table Projected r c r Current FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Projected Rate Revenue Under Current Rates $20,744,731 Rate Revenue Requirement 21,569,373 Over / (Under) Recovery ($) ($824,642) Over / (Under) Recovery ( %) -3.82% $21,076,011 $21,407,291 $21,738,570 $22,069,850 $22,401,130 21,929,725 24,577,640 23,182,330 21,744,836 26,729,990 ($853,714) ($3,170,350) ($1,443,759) $325,014 ($4,328,860) -3.89% - 12.90% -6.23% 1.49% - 16.19% Debt Service Ratio w/ Wholesale Debt 1.30 1.26 1.15 1.11 1.07 1.05 Additional Funds to Meet Target DSC $0 $0 $0 $0 $0 $0 Fund Balance: 0 &M Expenditures Including Solid Waste $27,487,341 $27,964,761 $30,732,647 $29,460,282 $28,148,782 $33,263,053 Ending Fund Balance 6,373,989 5,520,275 2,349,925 906,166 1,231,180 ($3,097,680) Fund Balance Reserve 23% 20% 8% 3% 4% -9% Over (Short of Goal ($772,720) ($1,750,563) ($5,640,563) ($6,753,508) ($6,087,503) ($11,746,073) Proposed t When reviewing the proposed rates, the capital funded through the capital construction reserves for FY 2022 through FY 2026 was taken out of the rate revenue requirement for each year. Instead, it was looked at on a cumulative basis. Two scenarios were reviewed when developing proposed rates for FY 2022 through FY 2026. The first was based on a 4% rate revenue increase each year, while the second was based on a 3% rate revenue increase. Both scenarios are shown in Appendix B. The 4% scenario was selected by Council as it was the closest to funding the capital on a cumulative basis over the next five years, as discussed further in the following sections. Schertz Draft Report Mr. David Kneuper July 22, 2021 Page 8 In developing proposed water rates, the Project Team reviewed the tier structures and developed two new 5- tiered volumetric structures. The first structure is for meter sizes 1 %2" or less, while the second is for 2" or more meter sizes. Table 7 illustrates the expected revenue under the projected water rates as compared to the projected revenue requirement less the capital funded through reserves. The over - recovery produced go towards the fund balance reserve requirement and capital funded through the capital construction reserve. Table 7 Projected r Revenue Performance r Proposed Y 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Projected Rate Revenue Under Proposed Rates $12,460,984 $12,940,953 $13,618,481 $14,332,543 $15,076,748 $15,861,167 Rate Revenue Requirement 12,647,740 11,272,901 12,319,878 12,338,663 12,693,729 12,895,946 Over / (Under) Recovery ($) ($186,756) $1,668,051 $1,298,603 $1,993,880 $2,383,018 $2,965,221 Over / (Under) Recovery ( %) -1.48% 14.80% 10.54% 16.16% 18.77% 22.99% Wastewater Rates Table 8 illustrates the expected revenue under the projected rates as compared to the projected revenue requirement less the capital funded through reserves. The over - recovery produced go towards the fund balance reserve requirement and capital funded through reserves. s I i b # " N.., Table 9 below presents the combined anticipated financial performance of the Project Team's proposed rates for the term of the Study. Any overage of the fund balance reserve is assumed to be transferred to the capital construction reserve to fund capital. Schertz Draft Report Y 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Projected Rate Revenue Under Proposed Rates $8,293,747 $8,970,828 $9,482,083 $10,011,568 $10,570,059 $11,160,072 Rate Revenue Requirement 8,921,633 8,242,121 8,469,763 8,700,667 8,943,107 9,184,044 Over /(Under) Recovery ($) ($637,886) $728,707 $1,012,321 $1,310,902 $1,626,952 $1,976,029 Over / (Under) Recovery ( %) -7.15% 8.84% 11.95% 15.07% 18.19% 21.52% Table 9 below presents the combined anticipated financial performance of the Project Team's proposed rates for the term of the Study. Any overage of the fund balance reserve is assumed to be transferred to the capital construction reserve to fund capital. Schertz Draft Report Mr. David Kneuper July 22, 2021 Page 9 Table Projected v enue Performance under Proposed Rates FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Projected Rate Revenue Under Proposed Rates $20,744,731 $21,911,781 $23,100,564 $24,344,112 $25,646,807 $27,021,240 Rate Revenue Requirement 21,569,373 19,515,022 20,789,640 21,039,330 21,636,836 22,079,990 Over/ (Under) Recovery ($) ($824,642) $2,396,759 $2,310,924 $3,304,782 $4,009,971 $4,941,250 Over / (Under) Recovery ( %) -3.82% 12.28% 11.12% 15.71% 18.53% 22.38% Debt Service Ratio w/ Wholesale Debt 1.30 1.38 1.39 1.48 1.58 1.72 Additional Funds to Meet Target DSC $0 $0 $0 $0 $0 $0 Fund Balance: 0 &M Expenditures Including Solid Waste $27,487,341 $25,550,058 $26,944,647 $27,317,282 $28,040,782 $28,613,053 Ending Fund Balance 6,373,989 8,770,747 8,953,939 10,310,390 11,112,464 12,231,853 Fund Balance Reserve 23% 34% 33% 38% 40% 43% Over (Short of Goal ($772,720) $2,127,732 $1,948,331 $3,207,897 $3,821,961 $4,792,459 In Figure 2 below, the cumulative capital over the 5 -year period is shown under current rates and proposed rates for the 4% scenario. $25.00 $15.00 $10.00 Schertz Draft Report Current 4% Scenario ARP Funds $4.58 _ $4.88 MONTis5 -Yr Funded . $2.57 $15.90 5- YrTarget $17,48 $37.48 Difference $(10.54) $179 Figure 2 — Cumulative Capital Projects and Funding for FY 2022 Through FY 2026 Schertz Draft Report Mr. David Kneuper July 22, 2021 Page 10 Monthly impacts and a regional comparison of rates from different cities can be found in Appendix B. It is important to note that although comparisons between communities are very common, they may not tell the whole story. Each system is unique in geography, age of infrastructure, capital maintenance effort, and typical usage patterns, which makes this comparison not apples to apples. A utility is a business -type activity of government and should be operated in the same manner as a stand - alone, private business enterprise. Pricing decisions should be made at the community level, reflecting the unique needs of each City's own business enterprise. Recommendations 1. In order to assist in maintaining the financial stability of the City's Utility Fund, sufficient rates should be put in place to ensure adequate cost recovery through user rate revenue. Further, we recommend that the City continuously monitor the financial performance of the Utility Fund and adjust rates as necessary to maintain the financial stability of the utility and to ensure available funding for the City's ongoing capital improvements program. 2. It is recommended that the City implement the rate adjustments recommended herein for the water system effective October 1, 2021, in order to maintain the financial stability of the utility. Delay in action now may result in more significant rate action later. NewGen appreciates the opportunity to assist Utility Engineering Group, PLLC and the City of Schertz in conducting this review. If you have any questions, please contact Chris Ekrut at (972) 232 -2234 or cekrut(@newLyenstrategies.net. Sincerely, NewGen Strategies and Solutions, LLC E DocuSigned by: is 0.fW F662F346CFA8440_ Chris D. Ekrut Chief Financial Officer Schertz Draft Report APPENDIX A PROPOSED RATES Schertz Draft Report M19M Residential Commercial 2" or More Minimum Charge $ 14.43 5/8" $ 24.61 3/4" 36.89 1" 61.49 1.5" 122.99 2" Compound 196.78 2" Turbine 246.96 3" Compound 393.55 3" Turbine 590.33 4" Compound 614.93 4" Turbine 1,033.08 6" Compound 1,229.86 6" Turbine 2,262.93 8" Compound 1,987.74 8" Turbine 3,975.48 10" Compound 2,857.37 10" Turbine 6,211.67 12" Turbine 8,199.42 Volumetric Charge (per 1,000 gallons) 06,000 $ 3.04 6,001 12,000 3.40 12,001 18,000 3.98 18,001 30,000 4.86 30,001+ 6.17 Residential Minimum Charge Volumetric Charge (per 1,000 gallons) 012,000 City Line Maintenance Fee Plus Franchise Fee User Charged 12,001+ Housing Authority Minimum Charge Volumetric Charge (per 1,000 gallons) ExhibitA Water Rates Commercial 11/2" or Less Minimum Charge 5/8" $ 3/4" 1" 1.5" Volumetric Charge (per 1,000 gallons) 06,000 $ 6,001 12,000 12,001 18,000 18,001 30,000 30,001+ Wastewater Rates Commercial 2" or More Commercial $ 14.43 Minimum Charge 24.61 2" Compound $ 196.78 36.89 2" Turbine 246.96 61.49 3" Compound 393.55 122.99 3" Turbine 590.33 Minimum Charge 4" Compound 614.93 4" Turbine 1,033.08 3.04 6" Compound 1,229.86 3.40 6" Turbine 2,262.93 3.98 8" Compound 1,987.74 4.86 8" Turbine 3,975.48 6.17 10" Compound 2,857.37 10" Turbine 6,211.67 12" Turbine 8,199.42 Volumetric Charge (per 1,000 gallons) 018,000 $ 3.04 18,001 36,000 3.40 36,001 54,000 3.98 54,001 90,000 4.86 90,001+ 6.17 Wastewater Rates Commercial $ 14.43 Minimum Charge Volumetric Charge (per 1,000 gallons) $ 4.75 012,000 0.56 City Line Maintenance Fee Plus Franchise Fee 4.19 User Charged 10.79 12,001+ YMCA $ 1,500.61 Minimum Charge Volumetric Charge (per 1,000 gallons) $ 18.15 $ 4.87 0.68 4.19 10.89 3.20 APPENDIX B NEWGEN COUNCIL PRESENTATION (JULY f ", PLUS ADDITIONAL SLIDES BASED ON COUNCIL FEEDBACK Schertz Draft Report July 13, 2021 SCHERTZ, TEXAS WATER &WASTEWATER RATE STUDY HISTORICAL RATE ACTIVITY 042,700=10 • 5% Wastewater • 3% Water Increase 7% Wastewater • 0% Water Increase 8% Wastewater Increase Increase Increase q G rowt h i a Capital Improvement Projects f � a. tss W SSLGC Water Purchases (Guadalupe Plant) Q Simplify Rate Structure NEWGEN STRATEGIES AND SOLUTIONS, LLC S 20,000 18,000 16,000 14,000 12,000 10,000 ,y 4,. 00 2,000 2022 2023 2024 2025 2026 2027 2028 2029 2030 * Cumulat« e Growth 300 600 900 1p200 1,500 1,800 2,100 2,400 2,700 * ExisUng Connectlons 15,398 15,398 15,398 15P398 15,398 15,398 15,398 15,398 15,398 Total 15,698 15,998 16,298 16,598 16,898 17,198 17,498 17,798 18,098 % I ncrease 2% 2% 2% 2% 2% 2% 2% 2% 2% NEWGEN STRATEGIES AND SOLUTIONS, LLC 6 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 By Funding Source FY 2022 FY2023 FY 2024 FY 20725 FY 2026 FY 2027 FY" 2028 FY 2029 F 203 M New Debt 0 Cash il W&S Construction Reserve Impact Fee WARP Funds NEWGEN STRATEGIES AND SOLUTIONS, LLC By Lidity $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 FY 2022 FY 2023 FY 2.024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 MWater MWastewater 7 Notes: 1— Projection from SSLGC 2 — Per 1,000 Gallons 3 — Volumes in 1,000 Gallons NEWGEN STRATEGIES AND SOLUTIONS, LLC • Complexity of rate structure challenges customer understanding and administration 10 block volumetric structure that varies by meter size 15 different volumetric rate structures depending on customer 3 -5 block volumetric structures more common • Continue conservation pricing signal with inclining block rate • Eliminate outside city multiplier Outside city rates subject to potential review from PUC, change reduces City's risk Change reduces overall revenue by less than 1% NEWGEN STRATEGIES AND SOLUTIONS, LLC Detailed analysis of customer usage employed to determine new rate blocks • Restructured rates for all meters and classes 5 30,001+ gal 3/0 388 Notes: "Impacted" indicates the average amount of customers that reach each block. "Stop" indicates the average amount of customers that stop in each block. NEWGEN STRATEGIES AND SOLUTIONS, LLC 10 WATER RATE STRUCTURES CHANGES Residential & Commercial 1" or Less Current Proposed 0 -6,000 $ 3.04 $ 3.04 6,001 -9,000 3.09 3.40 9,001- 12,000 3.34 12,001 - 15,000 3.61 3.98 15,001- 18,000 3.82 18,001- 30,000 4.81 4.86 30,001- 45,000 5.46 6.17 45,001- 60,000 5.81 60,001- 75,000 6.03 75,001+ 6.15 Commercial 2" Compound Current Proposed 0- 18,000 $ 3.04 $ 3.04 18,001- 24,000 3.40 24,001- 36,000 3.09 36,001- 48,000 3.98 48,001- 54,000 3.34 54,001- 721000 4.86 72,001- 90,000 3.61 90,001- 96,000 6.17 96,001- 120,000 3.82 120,001- 160,000 4.81 160,001- 200,000 5.46 200,001- 240,000 5.81 240,001- 280,000 6.03 280,001+ 6.15 F;lAlH-k Kin rknr'.fTlZ7 r, a -) � 6,000 E 0 5,000 u 4- 0 4SO00 4* < 3)000 ME EM -<-), - ti t� t;l t;l (3. q(3. zp. NEWGEN STRATEGIES AND SOLUTIONS, LLC 22 NEWGEN STRATEGIES AND SOLUTIONS, LLC 1 NEW EN STRATEGIES AND SOLUTIONS, LLC 14 FY 2022 1 FY 2023 1 FY 2024 1 FY 2025 1 FY 2026 FY 2022 1 FY 2023 1 FY 2024 1 FY 2025 1 FY 2026 NEWGEN STRATEGIES AND SOLUTIONS, LLC 16 i�n� tt{ 33 NEWGEN STRATEGIES AND SOLUTIONS, LLC 16 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ $25M $20,00 $15M 0 $10M $5.00 at s Current 4% Scenario 3% Scenarlo ARP Funds $438 $438 $438 momm,"! 5 - Y r F and e d $157 $15,90 $12 50 —5-Yr Target $17A8 $17A8 $17A8 Difference $ (10,54 $2,79 $(0,60) NEW N STRATEGIES AND SOLUTIONS, LL C 27 NEWGEN STRATEGIES AND SOLUTIONS, L C 18 NEWGEN STRATEGIES AND SOLUTIONS, LLC 19 0 Water m Wastewater NEWGEN STRATEGIES AND SOLUTIONS, LLC 20 y", 441,14, ... .... ...... .... ON, m om, , . . ... . ..... e, 0 Water m Wastewater NEWGEN STRATEGIES AND SOLUTIONS, LLC 20 PATH FORWARD *FY 2022 percentages do no include growth. • Staff Recommendation 4% Scenario • Policy Directions Rate Structure Overall Increase • Next Steps Rate Action Anticipated in October 2021 Commensurate with Budget Adoption ADDITIONAL INFORMATION Per Council Feedback Notes: - Approximately 5% (89 customers) of all commercial customers reach 96,000 gallons. - Approximately 15% (48 customers) of 2" or more commercial customers reach 96,000 gallons. NEW EN STRATEGIES AND SOLUTIONS, LLC 26 ei Olum City Council September 7, 2021 Meeting: Department: City Secretary Agenda No. 10. Subject: Resolution No. 21 -R -86 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the renaming of Gutierrez Xeriscape Park to Gutierrez Garden Park. (B. James /L. Shrum) Gutierrez Xeriscape Park is located at 1231 Borgfeld Road and was donated to the City of Schertz by the Gutierrez Family in 1998. The 2 -acre park features multiple garden areas beautifully maintained by the Guadalupe Master Gardeners volunteer groups, a gazebo area that is ideal for photo opportuniites, and a shaded and lighted walking trail. Since the original park donation, the Master Gardeners have spent significant labor hours developing and maintaining additional landscaping bed featuring many different species of flowering plants. The Master Gardeners recommended removing the term. "xeriscape" from the park name and substituting it with the term "garden" instead. Xeriscape means low water but many associate the term to gardens with cactus and rocks. While the plants at Gutierrez are low water, they are hardy Texas varieties that are flowering plants, and so the term xeriscape was not recommended as a good fit for this park. City staff were also contacted by members of the Gutierrez family and they had no issues with replacing the term "xeriscape" with "garden." The Parks & Recreation Advisory Board discussed the request for a name change at their meeting on July 26, 2021 and recommended approval to rename Gutierrez Xeriscape Park to Gutierrez Garden Park. GOAL Approve Resolution. No. 21 -R -86. COMMUNITY BENEFIT The renaming of Gutierrez Xeriscape Park to Gutierrez Garden Park is a better fit for the park as it exists today with all of the addtional landscaping that the Master Gardeners have added over the years. SUMMARY OF RECOMMENDED ACTION Approval of Resolution No. 21 -R -86. FISCAL IMPACT There is no fiscal impact related to this name change. The current wooden sign with historical and biographical information will remain at the park per the Gutierrez' family's request. When a new sign is required per its maintenance Life, we will create a separate interpretive sign with all of the historical and biographical information on it similar to what we have done at Mary Whitfield Burks Park, Wendy Swan Memorial Park, and Johnie McDow Sports Complex. Approval of Resolution No. 21 -R -86. Attachments Resolution 21 -R -86 Renaming Gutierrez Park RESOLUTION NO. 21 -R -86 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE RENAMING OF GUTIERREZ XERISCAPE PARK TO GUTIERREZ GARDEN PARK. WHEREAS, the volunteer Master Gardeners who maintain the park's landscape beds recommended changing the term "xeriscape" to "garden" to better fit the current vision of the park; and WHEREAS, the Schertz Parks & Recreation Advisory Board approved the name change at their regular meeting on July 26, 2021 and recommended that council approve the name change to Gutierrez Garden Park. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby renames Gutierrez Xeriscape Park to Gutierrez Garden Park. 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 7th day of September, 2021. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor Brenda Dennis, City Secretary (CITY SEAL) Agenda No. 11. ei Olum City Council September 7, 2021 Meeting: Department: Planning & Community Development Subject: Ordinance No. 21 -s -37 - Conduct a Public Hearing and Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas on a request to amend the Comprehensive Land Use Plan by changing approximately 118 acres of the Future Land Use Map from Commercial Campus land use designation to the Highway Commercial land use designation as well as amend the language for Highway Commercial, generally located 2,500 feet east from the intersection of Hubertus Road and III -35 frontage road, also known as Comal County Property Identification Numbers, 75290 and 75369, City of Schertz, Comal County, Texas.First Reading (B. James /L. Wood/M. Harrison) BACKGROUND Nine (9) public hearing notices were mailed to surrounding property owners within two hundred feet (200') of the subject property on August 13, 2021, and a public hearing notice was published in the "San Antonio Express" on August 20, 2021. At the time of this report, Staff has recevied one (1) in neutral to the amendment. The Planning and Zoning Commission met on August 25, 2021 and made a recommendation to City Council that the Comprehensive Plan be amended to add a new land use designation of Commerical. Light Industrial and proposed new land use designation, Commercial Light Industrial, for this property. Subsequent to the Planning and Zoning Commission meeting, the applicant indicate they only wanted to rezone the 42 acre area along the frontage of I1-1-35. The proposed new land use designation would mirror the current Commercial Campus designation under the Schertz Sector Plan. It would still be encouraged that the, Commercial Light Industrial, would be intended to be located at mid block region along the interstate highway frontage. This new land use designation would support the uses of office, flex office, and light industrial. It would also intend for the building scale /height to maintain low rise office with scale transitions between development. Another key item would be to have all loading dock doors and truck trailer parking be situated on the back of the building not viewable from public right -of -way and screened. The building materials are no longer regulated by the City of Schertz but instead for the Commercial Light Industrial designation it would be encouraged to have the buildings to be esthetically pleasing from roadway. The last item would be to maintain the landscaping requirements of softening the highway and screening from public right -of -way as well as any vehciular use sscreenmg. GOAL The project goal is to amend the Comprehensive Land Use Plan by changing approximately 42 acres of the Future Land Use Map from the Commercial Campus land use designation to the new land use designation, Commercial Light Industrial. COMMUNITY BENEFIT It is the the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's version of future growth. UuEMAIKI t 101/ 1010113 01 IXEMN 0 111121 The 2013 Sector Plan Amendment of the Comprehensive Land Use Plan sought to establish future development objectives that balance the traditionally retail /office and industrial identity that has shaped the North Schertz /IH -35 corridor with the opportunity for smart growth as the City continues to develop along the interstate highway. The purpose of creating a new land use designation was truly created to mirror the Commercial Campus designation, which allows for light industrial, but was also created in order to modify some of the issues that were made apparent by the applicant. Another reason for creating this new land use designation was also done as the zoning distrcit, currently General :Business District (GB), does not allow office /warehouse type development. Which is why we have the Comp Plan amendment and zone change for this property as they are both contingent on each other moving foward. As mentioned the Commercial Light Industraal is being created in order to support development of light industraal /office - warehouse type uses located at mid -block regions. The Commercial Light Industrail land use designation would mirror the Commercial Campus designation but would allow for a mixture of office, flex office and warehouse type development within the new land use designation. u_ ' none RECOMMENDATION The Planning and Zoning Commission made a recommendation to recommend approval of the new land use designation, Commercial Light Industrial with a vote of 7 -0. Staff supports the Commissions recommendation to City Council to approved the new land use designation of Commercial Light Industrial for the 42 acres. Attachments Ordinance 21 -S -37 Aerial Map Proposed Schertz Sector Plan Text Land Use Designation Map ORDINANCE NO. 21-S-37 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE COMPREHENSIVE LAND USE PLAN BY CHANGING APPROXIMATELY 42 ACRES OF THE FUTURE LAND USE MAP FROM THE COMMERCIAL CAMPUS TO THE COMMERCIAL LIGHT INDUSTRIAL LAND USE DEISGNATION, AS WELL AS ADD TEXT FOR THE NEW LAND USE DESIGNATION, COMMERCIAL LIGHT INDUSTRIAL, IN THE SCHERTZ SECTOR PLAN, GENERALLY LOCATED APPROXIMATELY 2,500 FEET EAST OF THE INTERSECTION OF HUBERTUS ROAD AND INTERSTATE HIGHWAY 35, ALSO KNOWN AS COMAL COUNTY PROPERTY IDENTIFCATION NUMBERS 75290 AND 75369, CITY OF SCHERTZ, COMAL COUNTY, TEXAS. WHEREAS, an application to amend the Comprehensive Land Use Plan by changing approximately 42 acres of the Future Land Use Map from Commercial Campus to Commercial Light Industrial land use designation, as well as add text for the new land use designation in the Schertz Sector Plan, also known as Comal County Property Identification Numbers 75290 and 75369, and more specifically described in the Exhibit A attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, a total of 9 public hearing notices were mailed out to the property owners within the two hundred (200) feet of the subject property on August 13, 2021 and a public hearing notice was published in the San Antonio Express on August 20, 2021; and WHEREAS, the City's Unified Development Code Section 21.4.6.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on an amendment to the Comprehensive Land Use Plan (the "Criteria "); and WHEREAS, on August 25, 2021, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested Comprehensive Land Use Plan Amendment and to add language for the new land use designation, Commercial Light Industrial; and WHEREAS, on September 7, 2021, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested Comprehensive Land Use Plan Amendment and language for the new land use designation, be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current Comprehensive Land Use Plan is hereby amended to change the Future Land Use Map of the property, as shown and more particularly described in the attached Exhibit A, from Commercial Campus land use designation to Commercial Light Industrial land use designation. Section 2. The current Schertz Sector Plan is hereby amended to include new text for the new land use designation, Commercial Light Industrial. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 7th day of September, 2021. PASSED, APPROVED AND ADOPTED on final reading the 14th day of September, 2021. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) G. The Commercial Light Industrial land use /character area is intended to encourage the development of office, flex office, and light industrial uses located at mid - block. Given the significant linear frontage along IH -35 in North Schertz, there are several opportunities to accommodate low impact campus development that takes advantage of the highway frontage and any major environmental assets (such as flood plains, steep grades, and significant vegetation) as aesthetic amenities on the site. Some of the character - defining elements recommended are: • Land Use Mix: office, research, flex- office, and supporting uses, light industrial and assembly uses, educational and other institutional uses. • Building Scale /Height: May vary from low rise office with scale transitions between developments • Create an overlay district with standards to implement the campus commercial design elements: o Building articulation — Some building articulation required; simple building and roof forms; requiring all dock doors and truck trailer parking to be located at the back of the building not viewable from public right -of -way. o Materials: Allow a range of building materials including but not limited to articulated tilt wall, masonry, stucco, synthetic stone, concrete panels, concrete block, cinder block, metal and tile. - Encouraged to have the buildings be esthetically pleasing from the public right -of -way. o Building Orientation: - Buildings shall be set in a campus environment with landscaping and natural features - Development to be auto - oriented along highway and service street frontages and pedestrian oriented along other internal connector streets (hybrid) - Emphasis on key linkage streets for more pedestrian oriented development o Transitions to adjoining uses: - Buffer /screen loading, unloading and service areas o Civic /Open Space: - More natural and unstructured spaces o Landscaping: - Soften highway frontage with landscaping and screening of surface parking - Combination of private and public landscaping - Low impact infrastructure for storm water and water quality such as bio swales, rain gardens, pervious pavers, etc. o Signage: Unified wayfinding program with a palette of monument and building signs sifi ...,. agm, i " IN S--. Agenda No. 12. ei IRIUM City Council September 7, 2021 Meeting: Department: Planning & Community Development Subject: Ordinance No. 21 -s -36 - Conduct a Public Hearing and consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas on a request to rezone approximately 42 acres of land from General Business District (GB) and Manufacturing Light District (M -1) to General Business District -2 (GB -2) and Manufacturing Light District (M -1), generally located approximately 2,500 feet east from the intersection of Hubertus Road and IH -35, also known as Comal Property Identification Numbers 75290 and 75369, City of Schertz, Comal County, Texas. First Reading (B. James /L. Wood /M. Harrison) The applicant is proposing to rezone approximately 42 acres of land from General. Business District (GB) to General Business District -2 (G132) and Manufacturing Light District (M -1). The property is located 2,500 feet east from the intersection of Hubertus Road and IH -35 and at this time the property is undeveloped. Nine (9) public hearing notices were mailed to surrounding property owners within 200 feet of the subject property on August 13, 2021 and a public hearing notice was published in the "San Antonio Express" on August 20, 2021. At the time of this staff report we have received zero (0) responses in favor or opposed to the request. The Planning and Zoning Commission met on August 25, 2021 and made a recommendation to the City Council to approved the proposed zone change by a 7 -0 vote. The following representatives were in attendance and spoke at the Planning and Zoning Commission public hearing: • Brown & Ortiz, James McKnight, Applicant • Spoke on behalf of the owner. GOAL The project goal is to rezone the subject property from General Business District (GB) to General Business District -2 (G132) in order to allow the owner to develop the property with a flex office type of development. COMMUNITY BENEFIT It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. 63114 10/ IT&I awe] a 1'1 XO 17u l►I 111013 Do17_Till I [1701 The Comprehensive Land Use Plan (CLUP), through the Future Land Use Plan and the Northern Schertz Sector Plan, designates this subject property as Commercial. Campus. However, the Planning and Zoning Commission made a recommendation to create a new land use deisgnation, Commercial Light Industrial. This would not replace the Commercial Campus designation but to build upon what it stands for in order to accomodate the industrial development. The proposed rezoning of the property to General Business District -2 (G132) would be in conformance with the newly proposed land use designation as it will • Located at the mid -block • Support the flex office and light industraal uses • Keep the landscaping requirements to soften the highway and any vehicular use • Creating esthetically pleasing buildings with requiring the dock doors and trailer parking be located in the rear of the building and not viewable from public righ -of -way. Impact of Infrastructure: The proposed zone change should have a minimal impact on the infrastrucuture. Impact of Public Facilities /Services: The proposed rezoning should have a minimal impact on the public services, such as schools, fire, police, parks, and sanitation services. Compatiablity with Existing and Potential Adjacent Land Uses: The subject property is surrounded by parcels that are zoned General Business District, (GB), Manufacturing Light (M -1), Single- Family Residential./ Agricultrual. District (RA) and IH -35 access road. Due to the diverse zoning districts that surround the property the rezone to General Business District -2 (G132) would be compatible and supportive of the land use designation, Commercial Light Industrial. FISCAL IMPACT None The Planning and Zoning Commission conducted a public hearing on August 25, 2021, and offered a recommendation of approval with a 7 -0 vote. for the rezone of the approximately 42 acres to General Business District -2 (G132). The Planning and Zoning Commission made a recmmendation to the City Council to create a new land use designation, Commercial Light Industrial. This rezone would be contigent on the support of City Council to approve the new land use deisgnation, which Staff would then support the rezone from General. Business District (GB) to General. Business District -2 (G132). Attachments Ordinance 21 -5 -36 Aerial Map Public Hearing Notice Map Zoning Exhibit Zoning Map ORDINANCE NO. 21-S-36 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 42 ACRES OF LAND TO GENERAL BUSINESS DISTRICT -2 (GB2), GENERALLY LOCATED 2,500 FEET EAST OF THE INTERSECTION OF HUBERTUS ROAD AND INTERSTATE HIGHWAY 35, ALSO KNOWN AS COMAL COUNTY PROPERTY IDENTIFICATION NUMBES 75290 AND 75369, COMAL COUNTY, TEXAS. WHEREAS, an application to rezone approximately 42 acres of land located 2,500 feet east from the intersection of Hubertus Road and Interstate Highway 35, also known as Comal County Property Identification Numbers 75290 and 75369, and more specifically described in the Exhibit A attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on August 25, 2021, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning according to the development standards set forth in Exhibit C attached herein (the "Development Standards "); and WHEREAS, on September 7, 2021, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE ORDAINED 1 : SCHERTZ, TEXAS: Section 1. The Property as shown and more particularly described in the attached Exhibit A, is hereby zoned Main Street Mixed -Use New Development. Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 7th day of September, 2021. PASSED, APPROVED AND ADOPTED on final reading the 14th day of September, 2021. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) 6955 FM 482 (75241) x FM 482 (421515) 220 ' FRIESENHAHN LN (81277) 7097 FM 482 (75346) IH 35 N 7205 FM 482 (75369) (75266) t IH 35 N (75242)N IH 35 Ns,p (75290) 3 3y a �k f,'„ "j 22525 IO35 N (414871) dpi A�J H 3 N WG� E COMMUNITY- OPPORTUNITY �� -+ S c o 'c 0 L N � I Y � 0 O i N a) / I x d / LLJ m 0 N p 0-1 N O CO / O O Q/ Q o ° o� OWNER: SAN ANTONIO TWO LTD PTNSHP 2111 WOODWARD AVE STE 910 DETROIT, MI 48201 PHONE: 313- 461 -6451 EMAIL: gravel5l @AOL.COM 37.794 AC LAND USE:IMPROVED PASTURE ZONING: tvM-1 SUBDIVISION NAME: N,/A OWNER NAME:HANSMANN JEROME J TR & DELORES M PROP. ID #:75266 ADDRESS: 7105 FM 482 RECORDING INFORMATION: DOC NO. 9706009819. OPR -l"o 20.00 AC LAND USE: IMPROVED PASTURE ZONING: M -1. GB SUBDIVISION NAME: N/A OWNER NAME: SCHERTZ 35 LLC PROP. ID #:402758 ADDRESS:2245 W 190TH ST RECORDING INFORMATION: DOC NO. 201606044069 OPR SURVEYOR: ERIC SNELL PAPE DAWSON, INC. 2000 NORTHWEST LOOP 410 SAN ANTONIO, TX 78213 PHONE: 210- 375 -9000 EMAIL: ESNELL @PAPE- DAWSON.COM 30.637 AC LAND USE: IMPROVED PASTURE ZONING: MM =1 SUBDIVISION NAME: OWNER NAME:LEDERHOSEN LTD PROP. ID #:75346 ADDRESS:867 JOSEPHINE ST RECORDING INFORMATION: DOC NO. 200906011279 OPR N58 °09'41 "E 100.73' I + N59 001'24 "E 735.45' APPLICANT: TIM HARRINGTON IDV DEVELOPMENT SERVICES, LLC 10375 RICHMOND AVE, STE 1415 HOUSTON, TX 77042 PHONE: 713- 412- 2621 -C EMAIL: THARRINGTON @IDVLLC.NET —,— - - - - - - � - - - - -- J., 16' SANITARY SEWER EASEMENT t N58 023'42 "E 167.48' / (DOC. NO. 200906014112, OPR) N59 005'48 "E 451.20' 2 FLOODPLAIN NOTE: NO PORTION OF THE SUBJECT PROPERTY IS WITHIN THE 100 -YEAR FLOODPLAIN AS SCALED FROM FEMA FIRM PANEL 48091 CO440F, DATED SEPTEMBER 2, 2009. I 40.422 AC LAND USE:IMPROVED PASTURE ZONING: R -A SUBDIVISION NAME: OWNER NAME: CHAPPIE RANCH LLC PROP. ID #:421515 ADDRESS: 18102 EMERALD OAKS DR RECORDING INFORMATION: DOC NO. 201806048891 OPR PROPOSED 70' STREET ROW PER MASTER THOROUGHFARE PLAN 65.449 AC LAND USE: IMPROVED PASTURE ZONING: R -A SUBDIVISION NAME: N A OWNER NAME:BLANCHARD JOAN PROP. ID #:75241 ADDRESS:226 ROYAL OAKS DR RECORDING INFORMATION: DOC NO. 200506012091 OPR N59 042'16 "E 1341.16' PROPOSED 35 STREET ROW RE— DICATION — — — — — — — — I NOTE: THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE I FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT. LU _Z LLJ Lu�I 0 Q J." I c' 1-55 I INC) 56.56 AC AS LAND USE: IMPROVED PASTURE ZONING: M -1, GB SUBDIVISION NAME: OWNER NAME: SAN ANTONIO TWO LTD PTNSHP PROP. ID #:75369 ADDRESS: 2111 WOODWARD AVE STE 910 RECORDING INFORMATION: VOL. 712 PG 248 OPR ',50 X55 `- 730 ,. S , Dig LOCATION MAP NOT -TO -SCALE 25' SANITARY SEWER EASEMENT (DOC. 9706003956, OPR) LAND USE:IMPROVED PASTURE ZONING: M -1 SUBDIVISION NAME: OWNER NAME:FRIESENHAHN KAREN PROP. ID #:81277 ADDRESS:140 TIMBER WILD RECORDING INFORMATION: DOC NO. 201706040416. OPR LAND USE: VETERINARY CLINIC ZONING: GB SUBDIVISION NAME: WESTRIDGE SUBDIVISION OWNER NAME: BAMMPENN PROPERTIES 2 LLC PROP. ID #:414871 ADDRESS: 22525 N INTERSTATE 35 RECORDING INFORMATION: DOC NO. 201806029613 MPR t , 1 I + t r i .8 -` E _SIGN EASEMENT 34 "W 1016o ±1497' TO 27S54 FRI H N ,(DOC. NO. 200606011467, OPR __ LANE __ - ----------- n ±2217' TO SIGN EASEMENT `% _ _ ' ,.,.i+ _ - - n..... ■� ■„ HUBERTUS (DOC. NO. 20060601146, OPR 200 S60007'28 W 568.53 - - - - RD. S59 021'21 "W 354.56' � � _ — ■■� '■""""" .. R= 4,076.88' S56 013'54 "W 327.90' ....■■ •■■ .� ""' .� Delta =3 048'49" INTERSTATE HIGHWAY NO. 35 � CB -S57 °26'56 "VI / (VARIABLE WIDTH R.O.W.) _ _ �,,,� ■� ■■� �■■� ■""� ■� ■� ■� — — — — _ — _ - _ - _ - CD= 271.32' �MMo■o■■nn"""""� L= 271.37' R- 3,067.91' �� ■�■�■��i■■i■■■■��■ Delta =4 °37'56" CB -S57 051'30 "W ��--------- CD= 247.97' THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND /OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN INADVERTENTLY ALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANTS ORIGINAL SIGNATURE AND SEAL. AERIAL IMAGERY PROVIDED BY GOGGLE© UNLESS OTHERWISE NOTED. Imagery © 2016,CAPCOG,Digital Globe,Texas Orthoimagery Program, USDA Farm Service Agency. W H COMAL Q COUNTY a �Q + a o r U) GU "ADALUPE � W COUNTY 0 ti O Cn Z t y. \ Ld It I- } 1 o U r- 0 a, -2 Q 01 !_ OU 1 U M 010 121 > aX , a, OCR o 00 v L > C O t0 = > E N <u C O cu NwCTl a, Q0 v � C) Q) l0 0 � t D a O 00 v a �.., N C U LL -0 t o v E 1 / j O Q 0- -0a) N a = > r0 r ( t -C U CO UJ H C vl -10 -0 a) -0 a, � C > X l0 (0 rNuuv l / X L y 0 �t a, -Ml O O U N a, U 0 i cC 0 O N O O t0 O � 0 � Q o s 0 NQ�ooz C/) O w a a) � C vJ vC Y > ra C O C t o� (3) CL cu, CL O � -0 'a �O w O a, c O +, Z5 C T i � w � O J O X > -QO w a1 C U Lij -0 u O C N O O fu t�o U Q O ^ C lvO 0 °n V a, C -I i oM z O U 62.388 AC U 0 zT / O O w .c° LAND USE: IMPROVED PASTURE `_"" °_ N 2 X vi 0 ZONING: M -1. GB M U a, o to I a1 ° U :5 J U U O M SUBDIVISION NAME: NZA ns d 0 '/ 0 oo E � Cil Cfl U •U 00 00 N N OWNER NAME: SAN ANTONIO TWO LTD PTNSHP PROP. ID #:75290 ADDRESS:2111 WOODWARD AVE STE 910 RECORDING INFORMATION: VOL. 803 PG. 789 OPR J i 16' SANITARY SEWER EASEMENT (DOC. NO. 200906014112, OPR) 15' SANITARY SEWER EASEMENT y (VOL. 830, PG. 361, DR) N59 005'48 "E 451.20' 2 FLOODPLAIN NOTE: NO PORTION OF THE SUBJECT PROPERTY IS WITHIN THE 100 -YEAR FLOODPLAIN AS SCALED FROM FEMA FIRM PANEL 48091 CO440F, DATED SEPTEMBER 2, 2009. I 40.422 AC LAND USE:IMPROVED PASTURE ZONING: R -A SUBDIVISION NAME: OWNER NAME: CHAPPIE RANCH LLC PROP. ID #:421515 ADDRESS: 18102 EMERALD OAKS DR RECORDING INFORMATION: DOC NO. 201806048891 OPR PROPOSED 70' STREET ROW PER MASTER THOROUGHFARE PLAN 65.449 AC LAND USE: IMPROVED PASTURE ZONING: R -A SUBDIVISION NAME: N A OWNER NAME:BLANCHARD JOAN PROP. ID #:75241 ADDRESS:226 ROYAL OAKS DR RECORDING INFORMATION: DOC NO. 200506012091 OPR N59 042'16 "E 1341.16' PROPOSED 35 STREET ROW RE— DICATION — — — — — — — — I NOTE: THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE I FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT. LU _Z LLJ Lu�I 0 Q J." I c' 1-55 I INC) 56.56 AC AS LAND USE: IMPROVED PASTURE ZONING: M -1, GB SUBDIVISION NAME: OWNER NAME: SAN ANTONIO TWO LTD PTNSHP PROP. ID #:75369 ADDRESS: 2111 WOODWARD AVE STE 910 RECORDING INFORMATION: VOL. 712 PG 248 OPR ',50 X55 `- 730 ,. S , Dig LOCATION MAP NOT -TO -SCALE 25' SANITARY SEWER EASEMENT (DOC. 9706003956, OPR) LAND USE:IMPROVED PASTURE ZONING: M -1 SUBDIVISION NAME: OWNER NAME:FRIESENHAHN KAREN PROP. ID #:81277 ADDRESS:140 TIMBER WILD RECORDING INFORMATION: DOC NO. 201706040416. OPR LAND USE: VETERINARY CLINIC ZONING: GB SUBDIVISION NAME: WESTRIDGE SUBDIVISION OWNER NAME: BAMMPENN PROPERTIES 2 LLC PROP. ID #:414871 ADDRESS: 22525 N INTERSTATE 35 RECORDING INFORMATION: DOC NO. 201806029613 MPR t , 1 I + t r i .8 -` E _SIGN EASEMENT 34 "W 1016o ±1497' TO 27S54 FRI H N ,(DOC. NO. 200606011467, OPR __ LANE __ - ----------- n ±2217' TO SIGN EASEMENT `% _ _ ' ,.,.i+ _ - - n..... ■� ■„ HUBERTUS (DOC. NO. 20060601146, OPR 200 S60007'28 W 568.53 - - - - RD. S59 021'21 "W 354.56' � � _ — ■■� '■""""" .. R= 4,076.88' S56 013'54 "W 327.90' ....■■ •■■ .� ""' .� Delta =3 048'49" INTERSTATE HIGHWAY NO. 35 � CB -S57 °26'56 "VI / (VARIABLE WIDTH R.O.W.) _ _ �,,,� ■� ■■� �■■� ■""� ■� ■� ■� — — — — _ — _ - _ - _ - CD= 271.32' �MMo■o■■nn"""""� L= 271.37' R- 3,067.91' �� ■�■�■��i■■i■■■■��■ Delta =4 °37'56" CB -S57 051'30 "W ��--------- CD= 247.97' THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND /OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN INADVERTENTLY ALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANTS ORIGINAL SIGNATURE AND SEAL. AERIAL IMAGERY PROVIDED BY GOGGLE© UNLESS OTHERWISE NOTED. Imagery © 2016,CAPCOG,Digital Globe,Texas Orthoimagery Program, USDA Farm Service Agency. W H COMAL Q COUNTY a �Q T N C) N LO T J W 0 Z 0 V) W w 11 0 a o _j J U) GU "ADALUPE � W COUNTY 0 ti O Cn Z CLO a O y. \ Ld It I- } Q o T N C) N LO T J W 0 Z 0 V) W w 11 O 2 H N � rY w O Lu r z � N } u- O > Lu u- X � O < � H U) 'L' — x o z x C o � W• _ o ~- z =Qo z — v z to Z � � o w W CLa w � 0 w z z C—) CD 0 a o 0 _j J O J O W z 0 p e aL0 � o Cn M � O 2 H N � rY w O Lu r z � N } u- O > Lu u- X � O < � H U) 'L' — x o z x C o � W• _ o ~- z =Qo z — v z to Z � � o w W CLa w � 0 w z z C—) CD PLAT N0. - JOB NO. 30020 -01 DATE APRIL 2021 DESIGNER GS CHECKED GS DRAWN JF SHEET 1 OF 1 oLA z z w a Llwa < �, co CD Q z o x Q o w Cn N H PLAT N0. - JOB NO. 30020 -01 DATE APRIL 2021 DESIGNER GS CHECKED GS DRAWN JF SHEET 1 OF 1 oLA -2 o v o z N L u Q 00 O O U E N — N O O U a1 U N CLO a O (D v In, C �a)b.a � U r- 0 a, -2 Q 01 !_ OU 1 U M 010 121 > aX , a, OCR o 00 v L > C O t0 = > E N <u C O cu NwCTl a, Q0 v � C) Q) l0 0 � D a O 00 v a �.., N C U LL -0 o v E j O Q 0- -0a) N a = > r0 vi > X C U -C U CO UJ H C vl -10 -0 a) -0 a, � C > X l0 (0 rNuuv °��' U X L y 0 �t a, -Ml O O U N a, U 0 i cC 0 O N O O t0 O � 0 � Q o s 0 NQ�ooz C/) O w a a) � C vJ vC > ra C O C t o� (3) CL cu, CL O � -0 'a �O w O a, c O +, Z5 C T i � w � O J O X > -QO w a1 C U Lij -0 u O C N O O fu t�o U Q O ^ C lvO 0 °n V a, C -I i oM z O U U 0 zT lD 7 > N z d O O w .c° U M > `_"" °_ N 2 X vi 0 646 �� c0 M U a, o to I a1 ° U :5 U U O M ns d 0 0 oo E � Cil Cfl U •U 00 00 N N 00 PLAT N0. - JOB NO. 30020 -01 DATE APRIL 2021 DESIGNER GS CHECKED GS DRAWN JF SHEET 1 OF 1 � "Im i 1 4 k al Agenda No. 13. ei Olum City Council September 7, 2021 Meeting: Department: Planning & Community Development Subject: Ordinance No. 21 -s -32 - Conduct a Public Hearing and consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas on a request to rezone approximately 1 acre of land from General Business District (GB) to Main Street Mixed Use- New Development generally located at the hard corner of Main Street and Schertz Parkway, 820/824 Main Street, also known as Guadalupe County Property Identification Number 16630, City of Schertz, Comal County, Texas. First Reading (B. James /L. Wood /M.Harrison) BACKGROUND The applicant is proposing rezone 0.766 of land from General Business District (GB) to Main Street Mixed -Use New Development District (MSMU -ND). The property is Located at the corner of Main Street and Schertz Parkway, more specifically described as 820 and 824 Main Street, Schertz, Texas. The Main Street Mixed -Use New Development District (MSMU -ND) mirrors the Main Street Mixed -Use District (MSMU), allowing for both single - family residential uses and low intensity commercial uses. What sets the MSMU -ND zoning district apart is that it has reduced setbacks, parking requirements, along with reduced landscape buffers that were provided due to physcial constraints on existing properties. Thirteen (13) public hearing notices were mailed to the surrounding property owners within two hundred (200) feet of the subject property on July 30, 2021, with a public hearing notice published in the "San Antonio Express" on August 23, 2021. At the time of this staff report Staff has received zero (0) responses in favor or opposed to the zoning request. GOAL The project goal is rezone the property from General Business District (GB) to Main. Street Mixed -Use New Development (MSMU -ND). COMMUNITY BENEFIT To zone change 0.766 acres of land from General Business District (GB) to Main Street Mixed -Use New Development (MSMU -ND). The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the subject property as part of the Historic Downtown Schertz. The objective for Historic Downtown Schertz is to leverage Schertz's history and heritage to create a unique destination with local independent businesses. The Main Street Mixed -Use New Development District was created to help assist property owners that are wanting to develop on Main Street and is able to do so as their property might not have a historic home or is vacant but would still be able to develop their property with new construction. In light of the history of the area and variety of land uses that exist, this zoning district allows for both single - family residential uses and low intensity commercial uses. Reduced setbacks, parking requirements, along with reduced landscape buffers are also provided due to physical restraints of the existing property. Comprehensive Plan Goals and Objectives: The proposed zone change to Main Street Mixed -Use New Development District (.MSMU -ND) is in conformance with the Comprehensive Plan as it mirrors the Main Street Mixed -Use District, allowing for both single- family residential uses and low intensity commercial uses. Impact of Infrastructure: The proposed rezoning request will have minimal impact on the existing water and wastewater systems. Impact of Public Facilities /Services: The proposed rezoning request will have minimal impact on public services, such as schools, fire, police, parks, and sanitation services. Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by commercial business and right -of -way from both Main Street and Schertz Parkway. The Main Street Mixed -Use New Development District will allow for either low intensity commercial or single - family residential, both of which are compatible with the adjacent land uses. FISCAL IMPACT None 1 / The Planning and Zoning Commission conducted a public hearing on August 1.1, 2021 and offered a recommendation of approval with a 7 -0 vote. Staff supports the Commissions recommendation and recommends approval of the proposed rezoning from General Business District (GB) to Main Street .Mixed -Use New Development (MSMU -ND) as submitted. Attachments Ordinance 21 -5 -32 Aerial Map Zoning Exhibit Proposed Zoning Map ORDINANCE NO. 21-S-32 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 1 ACRE OF LAND TO MAIN STREET MIXED -USE NEW DEVELOPMENT MSMU -ND), GENERALLY LOCATED AT THE HARD CORNER OF MAIN STREET AND SCHERTZ PARKWAY, ALSO KNOWN AS GUADALUPE COUNTY PROPERTY IDENTIFICATION NUMBER 16630, GUADALUPE COUNTY, TEXAS. WHEREAS, an application to rezone approximately 1 acre of land located at the hard corner of Main Street and Schertz Parkway, also known as Guadalupe County Property Identification Numbers 16630, and more specifically described in the Exhibit A attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on August 11, 2021, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning according to the development standards set forth in Exhibit C attached herein (the "Development Standards "); and WHEREAS, on September 7, 2021, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE ORDAINED 1 : SCHERTZ, TEXAS: Section 1. The Property as shown and more particularly described in the attached Exhibit A, is hereby zoned Main Street Mixed -Use New Development. Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 7th day of September, 2021. PASSED, APPROVED AND ADOPTED on final reading the 14th day of September, 2021. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) j, 0, 204 SCHERTZ PKWY (45259) '74 74 vo, �90 G 1�13cll �; 11 � -7- A P 815 MAIN ST (67495) d_l MAIN ST IPA (16631) QAA dl IPA IPA 858 FM 78 (36864) FM 78 (67620) 600 FM 78 (67439) P p W E C> pnn(P p 97v s P p [�,MF�nPo p vpnrupr P p p P p o p I PponfROWwvs n us osn qnn rsn Agenda No. 14. ei Olum City Council September 7, 2021 Meeting: Department: Planning & Community Development Subject: Ordinance No. 21 -s -33 - Conduct a Public Hearing and consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas on a request to rezone approximately 0.4 acres of land from General Business District (GB) to Main Street Mixed Use- New Development generally located 250 feet east of the intersection of Main Street and Randolph Avenue, 610 Main Street, also known as Guadalupe County Property Identification Number 168552, City of Schertz, Comal County, Texas. First Reading (B. James /L. Wood/M. Harrison) BACKGROUND The applicant is proposing to rezone approximately 0.4 acres of land from General Business District (GB) to Main. Street Mixed -Use New Development District (MSMU -ND). The property is vacant and located two hundred fifty feet (250') east from the intersection of Randolph Ave. and Main Street, more specifically known as 610 Main Street, Schertz, Texas.The Main Street Mixed -Use New Development District (MSMU -ND) mirrors the Main Street Mixed -Use District (MSMU), allowing for both single- family residential uses and low intensity commercial uses. What sets the MSMU -ND zoning district apart is that it has reduced setbacks, parking requirements, along with reduced landscape buffers that were provided due to physccal constraints on existing properties. Seventeen (17) public hearing notices were mailed to the surrounding property owners within two hundred feet (200') of the subject property on July 30, 2021, with a public hearing notice published in the "San Antonio Express" on Augsut 23, 2021. At the time of this staff report Staff has recevied zero (0) responses in favor and zero (0) responses opposed to the zoning request. GOAL The goal is to rezone the property from General Business District (GB) to Main Street Mixed -Use New Development (MSMU -ND). COMMUNITY BENEFIT It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the subject property as part of the Historic Downtown Schertz. The objective for Historic Downtown Schertz is to leverage Schertz's history and heritage to create a unique destination with local independent businesses. The Main Street Mixed -Use New Development District (MSMU -ND), was created to mirror the current zoning district of Main Street Mixed -Use District (MSMU) in order to encourage the mixture of existing buildings and new construction. In light of the history of the area and variety of land uses that exist, this zoning district allows for both single - family residential uses and low intensity commercial uses. Reduced setbacks, parking requirements, along with reduced landscape buffers are also provided due to the physical restraints of the existing property. Comprehensive Plan Goals and Objectives: The proposed zone change to Main Street Mixed -Use New Development District(MSMU -ND) is in conformance with the Comprehensive Plan as it mirrors the Main Street Mixed -Use District (MSMU), allowing for both single - family residential uses and low intensity commercial uses. Impact of Infrastructure: The proposed rezoning request will have minimal impact on the existing water and wastewater systems. Impact of Public Facilities /Services: The proposed rezoning request will have minimal impact on public services, such as schools, fire, police, parks, and sanitation services. Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by commercial businesses, right -of -way and single - family residential, which aligns with the Main Street Mixed -Use New Development District (MSMU -ND) zoning district as well as Main Street Mixed -Use District (MSMU). FISCAL IMPACT None 1 / The Planning and Zoning Commission conducted a pubic hearing on August 1.1, 2021, and offered a recommendation of approval with a 7 -0 vote. Staff supports the Commissions recommendation and recommends approval of the proposed rezoning from General Business District (GB) to General Business District -2 (G132) as submitted. Attachments Ordinance 21 -5 -33 Aerial Map Zoning Exhibit Proposed Zoning Map ORDINANCE NO. 21-S-33 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 0.4 ACRES OF LAND TO MAIN STREET MIXED -USE NEW DEVELOPMENT DISTRICT (MSMU -ND), GENERALLY LOCATED 250 FEET EAST OF THE INTERSECTION OF MAIN STREET AND RANDOLP AVENUE, 610 MAIN STREET, ALSO KNOWN AS GUADALUPE COUNTY PROPERTY IDENTIFICATION NUMBE 168552, GUADALUPE COUNTY, TEXAS. WHEREAS, an application to rezone approximately 0.4 acres of land located 250 feet east from the intersection of Main Street and Randolph Avenue, also known as Guadalupe County Property Identification Number 168552, and more specifically described in the Exhibit A attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on August 11, 2021, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning according to the development standards set forth in Exhibit C attached herein (the "Development Standards "); and WHEREAS, on September 7, 2021, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A, is hereby zoned Main. Street Mixed -Use New Development. Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 7th day of September, 2021. PASSED, APPROVED AND ADOPTED on final reading the 14th day of September, 2021. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) 203 MILL ST (165587) N i S r ... ®. �` ,��. ��.: ��.�o . < =.�. j�`�� i �'` �� ,�►�.. ei IRIUM City Council September 7, 2021 Meeting: Department: Finance Agenda No. 15. Subject: ordinance No. 21 -T -38— Conduct a Public Hearing and consideration and /or action approving an Ordinance adopting a budget for the fiscal year beginning October 1, 2021, and ending September 30, 2022. First Reading (B. James /J. Walters) In accordance with applicable statutes and the City Charter, the City Manager submitted a budget proposal to the City Council for consideration on August 10, 2021. The City Council held public hearings for the Proposed Budget on August 24, 2021 and, tonight, September 7, 2021. In the General Fund, Staff has proposed adding up to 3 new positions based on the results of the staffing study and to act on the recommendations from the classification and compensation study including an adjustment based on the Employment Cost Index. Each of the studies were performed by an independent firm. The positions include a Patrol Officer, an Evidence Technician, and a Plumber. Staff also proposes to raise the minium wage to $151 hour and address compression issues made by this move. The move will coincide with the classification and compensation study recommendation for wage increases that is proposed to be accelerated and completed in FY 2021 -22. To help pay for this adjustment, funds will be used from the savings granted by the American Rescue Plan (ARP) funds. Also proposed in the budget is to update the City's financial management software from Incode. Estimated cost is to be $500,000. Incode has been running at the City since 2002. Facilities Maintenance and Parks are proposing to add the public safety buildings and parks restrooms to the existing janitorial services contract totaling an estimated $74,675 annually. Fleet proposes to add a new Heavy Duty Tire Machine that will change the tires of large egiupment, like a Fire Engine. Currently, staff must outsource this service and the savings are estimated to pay for the machine within 2 years. They also propose to expand the GPS Tagging program for light duty vehicles. Staff testing the GPS system on 4 ambulances and identified significant fuel savings for EMS. The General Fund will also allocate $350 thousand from its excess reserves to fund HVAC replacement for the Animal Adoption Center. The total cost of the project is $675,000 and will be offset by contributions from the builder. The Water & Sewer Fund will add a SCADA Technician position to help maintain and update the city's water and sewer line monitoring system. The Emergency Medical Services (EMS) Fund will add 2 new positions to increase the number of 12 hour shifts and reduce the number of of 24 hour shifts. It is also proposed to replace the Marion station with a new prefabricated building. The Schertz Economic Development Corporation will increase its advertising budget by $200,000. The current budget is way below the maximum allowed by the State for that category. A copy of the proposed budget is available for view on the City's webpage www.schertz.com. This copy will include all changes included in the change memo. Also included on the same page of the website are copies of the PowerPoint presentation to City Council, and the property tax notice required by the state statutes. GOAL Per state statues and the City Charter, the city must adopt a budget prior to the beginning of the fiscal year beginning on October 1 st. COMMUNITY BENEFIT This budget will provide for additional resources to areas identify by citizens, city council, staff, and an independent firm for strategic staffing levels. It will also provide for additional capital improvements for streets, sidewalks, drainage, parks, water utilities, and sewer utilities. SUMMARY OF RECOMMENDED ACTION Staff recommends that the City Council approve the first reading of Ordinance No. 21 -T -38, adopting the budget for the fiscal year beginning October 1, 2021, and ending September 30, 2022. FISCAL IMPACT RECOMMENDATION Staff recommends that the City Council approve the first reading of Ordinance No. 21 -T -38, adopting the budget for the fiscal year beginning October 1, 2021 and ending September 30, 2022. Attachments Ordinance 21 -T -38 Budget Change Memo W a 11 101r.1104 AOUIM48 AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 20219 AND ENDING SEPTEMBER 30, 2022, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF SCHERTZ, TEXAS; PROVIDING FOR THE FILING OF THE BUDGET; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Schertz is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Manager of the City of Schertz submitted a budget proposal to the City Council prior to the beginning of the fiscal year, and in said budget proposal set forth the estimated revenues and expenditures and made the detailed classification as required by the City Charter of the City of Schertz, Texas; and WHEREAS, the City Council finds that all provisions pertaining to the adoption of a budget contained in the City Charter have been in all things complied with; and WHEREAS, a Public Hearing was held by the City Council of the City of Schertz, Texas on the 24th day of August 2021, and the 3rd day of September 2021; and WHEREAS, after a full and final consideration, the City Council is of the opinion that the budget should be approved and adopted; and THEREFORE, ORDAINED / C OF SCHERTZ, TEXAS, THAT: SECTION 1. The budget of the expenditures of the City of Schertz for the ensuing fiscal year beginning October 1, 2021, and ending September 30, 2022, be, and the same is, in all things, adopted and approved as the said City of Schertz budget for the Fiscal Year beginning the first day of October 2021, and ending the thirtieth day of September 2022. SECTION 2. The sums below are hereby appropriated from the respective funds for the payment of expenditures on behalf of the City government as established in the approved budget document: 2021 -2022 Budget General Fund $39,514,748 Tax I &S Fund 6,676,915 Water & Sewer Fund 25,260,362 Capital Recovery - Water 51,000 Capital Recovery - Sewer 55,500 Drainage Fund 1,272,024 EMS Fund 11,376,603 SEDC 4,300,707 Special Events Fund 24,000 PEG Fund 350,000 Hotel Occupancy Fund 525,250 Park Fund 319,025 Tree Mitigation 71,400 Roadway Impact Fee Area 1 5,000 Roadway Impact Fee Area 2 29,000 Roadway Impact Fee Area 3 5,000 Roadway Impact Fee Area 4 5,000 Library Fund 23,400 Historical Committee 11,750 Total: $89,876,684 SECTION 3. A true and correct copy of this ordinance along with the approved budget attached hereto, and any amendments thereto, shall be filed with the City Secretary. In addition, the City Manager is hereby directed to file or cause to be filed a true and correct copy of this ordinance along with the approved budget attached hereto, and any amendments thereto, in the office of the County Clerk of Guadalupe, Comal, and Bexar Counties, Texas, as required by law. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Schertz, Texas (2006), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 6. This ordinance shall be in full force and effect from and after its final passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING THIS 3rd DAY OF SEPTEMBER 2021. PASSED AND APPROVED ON SECOND READING THIS 14th DAY OF SEPTEMBER 2021. Ralph Gutierrez, Mayor Brenda Dennis, City Secretary Proposed Budget 8110/2021 REVENUES Change Memo For the 2021 -22 Budget Taxes 27,560,000 0 27,560,000 Franchises 2,327,000 0 2,327,000 Permits 1,718,150 0 1,718,150 Licenses 49,320 0 49,320 Fees 2,232,459 0 2,232,459 Fines 9,000 0 9,000 Inter - Jurisdictional 990,598 0 990,598 Inter -Fund Transfers 3,718,465 203,706 3,922,171 Miscellaneous 706,050 0 706,050 TOTAL Revenue 39,311,042 203,706 39,514,748 EXPENSES City Council 129,252 0 129,252 City Manager 1,320,379 13,209 1,333,588 Municipal Court 381,727 7,111 388,838 Customer Relations -311 117,235 0 117,235 Planning 324,958 1,195 326,153 Legal Services 140,000 0 140,000 City Secretary 216,259 0 216,259 Non Departmental 2,452,899 0 2,452,899 Public Affairs 637,143 5,343 642,486 Engineering 937,261 9,258 946,519 Police 10,256,240 39,276 10,295,516 Fire Rescue 6,606,098 7,959 6,614,057 Inspections 1,067,871 20,529 1,088,400 Neighborhood Services 373,935 3,515 377,450 Public Works- Streets 1,905,984 20,986 1,926,970 Parks 1,653,013 8,923 1,661,936 Pools 569,878 0 569,878 Event Facilities 384,730 215 384,945 Library 1,137,049 24,562 1,161,611 Information Technology 2,695,594 11,845 2,707,439 Human Resources 734,381 3,638 738,019 Finance 692,594 12,375 704,969 Purchasing 255,971 1,743 257,714 Fleet Maintenance 1,292,799 11,359 1,304,158 Facility Maintenance 1,815,674 665 1,816,339 Projects 850,000 0 850,000 City Assistance 342,666 0 342,666 Court Restricted Funds 19,452 0 19,452 TOTAL EXPENSES 39,311,042 203,706 39,514,748 Revenue over /(under) EXPENSES 0 0 0 9/3/2021 1 of 3 ARP Reimbursement C &C, Min Wage, Compression C &C, Min Wage, Compression C &C, Min Wage, Compression C &C, Min Wage, Compression C &C, Min Wage, Compression C &C, Min Wage, Compression C &C, Min Wage, Compression C &C, Min Wage, Compression C &C, Min Wage, Compression C &C, Min Wage, Compression C &C, Min Wage, Compression C &C, Min Wage, Compression C &C, Min Wage, Compression C &C, Min Wage, Compression C &C, Min Wage, Compression C &C, Min Wage, Compression C &C, Min Wage, Compression C &C, Min Wage, Compression C &C, Min Wage, Compression Proposed Budget 8110/2021 REVENUES Change Memo For the 2021 -22 Budget Franchises 304,487 0 304,487 Fees 27,485,000 0 27,485,000 Fund Transfers 150,000 0 150,000 Miscellaneous 443,236 0 443,236 TOTAL Revenue 28,382,723 0 28,382,723 EXPENSES Non Departmental - Business Office 1,244,983 2,335 1,247,318 C &C, Min Wage, Compression W & S Administration 23,895,768 117,276 24,013,044 C &C, Min Wage, Compression Projects - - TOTAL EXPENSES 25,140,751 119,611 25,260,362 Revenue over /(under) EXPENSES 3,241,972 (119,611) 3,122,361 EMS Fund 203 REVENUES Fees 6,545,490 0 6,545,490 Inter - Jurisdictional 3,985,933 0 3,985,933 Fund Transfers 395,680 333,500 729,180 ARP Reimbursement Miscellaneous 174,500 0 174,500 TOTAL Revenue 11,101,603 333,500 11,435,103 EXPENSES Schertz EMS 11,101,603 275,000 11,376,603 Additional Ambulance TOTAL EXPENSES 11,101,603 275,000 11,376,603 Revenue over /(under) EXPENSES - 58,500 58,500 Drainage Fund 204 REVENUES Permits 4,000 0 4,000 Fees 1,260,000 0 1,260,000 Fund Transfer 17,229 0 17,229 Miscellaneous 3,000 0 3,000 TOTAL Revenue 1,284,229 0 1,284,229 EXPENSES Drainage 1,265,831 6,193 1,272,024 C &C, Min Wage, Compression Projects - - TOTAL EXPENSES 1,265,831 6,193 1,272,024 Revenue over /(under) EXPENSES 18,398 (6,193) 12,205 PEG Fund >> REVENUES Franchises 110,000 0 110,000 Fund Transfers - 240,000 240,000 Use of Reserves TOTAL Revenue 110,000 240,000 350,000 EXPENSES Projects 100,000 250,000 350,000 Master Communication Plan TOTAL EXPENSES 100,000 250,000 350,000 Revenue over /(under) EXPENSES 10,000 (10 „000) 0 9/3/2021 2 of 3 Change Memo For the 2021 -22 Budget Proposed Changes Revised Proposed Reason Budget 8110/2021 Budget 9/07/2021 For hange ALL FUND REVENUES 203,706 ALL FUND EXPENSES 604,510 ALL FUND OVER /(UNDER) (400,604) 9/3/2021 3 of 3 Total Revenue Decrease Total Expense Decrease Total Change to All Fund Fund Balance Agenda No. 16. ei 1011M City Council September 7, 2021 Meeting: Department: Finance Subject: Ordinance No. 21 -T -39 — Conduct a Public Hearing and consideration and /or action approving an Ordinance approving the appraisal roll; setting the tax rate; levying and assessing general and special ad valorem taxes for the use and support of the municipal government of the city of Schertz, Texas. First Reading (B. James /J. Walters) BACKGROUND At the August 10, 2021 regular session, the City Council, by record vote, established a proposed preliminary maximum tax rate of $0.5121, per $100 of value, with the M &O rate at $0.3517 and the I &S portion of $0.1604. The proposed rate is not subject to rollback. In accordance with Chapter 26.05(d) of the State's Property Tax Code, a governing body must hold a public hearing on the tax rate if the proposed tax rate exceeds the lower of the No- New - Revenue or Voter - Approval Tax Rate. In this case the hearing was not required as the proposed rate does not exceed the No- New - Revenue rate. A public hearing was held on August 24, 2021 regular session of City Council. A second public hearing will be conducted tonight, September 7, 2021. During the tax rate adoption process Council can approve a lower rate, however they will not be able to approve a rate higher than this without republishing the notices and holding additional public hearings. Due to timing constraints set by the State Tax Code 26.05(a), the latest council could set a new preliminary rate is September 7, 2021 without calling special meetings or declaring an emergency. Per Sec 26.05(b) of the Tax Code, the tax rate can only be adopted with more than 60% of the votes in favor of the proposed tax rate. Since Schertz has 7 voting councilmembers, 5 members must vote in favor of the tax rate for it to pass. GOAL To adopt a tax rate in compliance with state statues and the City Charter. COMMUNITY BENEFIT The programs funded by this tax rate will provide additional benefits and service levels to the community. 6 -1 1 1 I Staff recommends adoption of the tax rate of $0.5121 FISCAL IMPACT The proposed maximum rate maintains quality service to residents and businesses and provides growth in service offerings based on input staff received from Citizens and Council from Retreats, Community Meetings, Citizen Survey, and elections. The current property tax rate is $0.5121 per $100 valuation. The proposed maximum tax rate will be $0.5121 per $100 valuation. The M &O portion of the property tax rate will increase to $0.3517 from $0.3470 per $1.00 valuation. The 1 &S portion will decrease to $0.1604 from $0.1651 per $100 valuation. This tax rate will raise more taxes for Maintenance and Operations than last year's tax rate. The tax rate will effectively be raised by 0.1 % and will raise taxes for maintenance and operations on a $100,000 home by approximately $0.20. RECOMMENDATION Staff recommends that the City Council approve Ordinance No. 21 -T -39 approving the Fiscal Year 2021 -22 Proposed Tax Rate on first reading. Since the proposed rate is lower than the no- new - revenue rate, there is no specific motion to adopt that must be made. Attachments Ordinance 21 -T -39 ORDINANCE NO. 21 -T -39 AN ORDINANCE APPROVING THE APPRAISAL ROLL; SETTING THE TAX RATE; LEVYING AND ASSESSING GENERAL AND SPECIAL AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SCHERTZ, TEXAS; APPORTIONING THE LEVIES FOR SPECIFIC PURPOSES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Schertz submitted a tax rate proposal to the City Council prior to the beginning of the fiscal year, and in said tax rate proposal set forth the estimated necessary tax rate required to provide adequate revenues for the general use and support of the Municipal Government of the City of Schertz Texas; and WHEREAS, the City Council finds that all provisions pertaining to the adoption of an ad valorem tax rate have been in all things complied with; and WHEREAS, a Public hearing was held by the City Council of the City of Schertz on the 24th day of August 2021 and a second Public Hearing was held on the 7th day of September 2021; and WHEREAS, after a full and final consideration, the City Council is of the opinion the tax rate and ad valorem tax appraisal roll should be approved and adopted; and WHEREAS, the taxes have been levied in accordance with the adopted 2021 -22 budget as required by state law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: SECTION 1. The ad valorem tax appraisal roll and effective tax rate information as presented by the tax assessor for the tax year 2021, be and is hereby in all things approved and adopted. SECTION 2. This tax rate will raise more taxes for Maintenance and Operations than last year's tax rate. SECTION 3. The tax rate will effectively be raised by 0.1 % and will raise taxes for maintenance and operations on a $100,000 home by approximately $0.20. SECTION 4. There is hereby levied and assessed and there shall be collected for the tax year 2021 for the general use and support of the Municipal Government of the City of Schertz, Texas a total ad valorem tax of Fifty -One Twenty -One Cents ($0.51.21) on each One Hundred Dollars ($100.00) of valuation of property — real and personal — within the corporate limits of the City of Schertz, Texas, subject to taxation. The assessment ratio shall be One Hundred percent (100 %). SECTION 5. The City Council of the City of Schertz, Texas, does hereby levy or adopt the tax rate on $100.00 valuation for this city for tax year 2021 as follows: 1. 0.3517 for the purpose of maintenance and operation 1. 0.1604 for the payment of principal and interest on debt 2. 0.5121 total tax rate SECTION 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of the ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. SECTION 8. Ad valorem taxes for the year are due and payable on October 1, 2021 and shall become delinquent after January 31, 2022. A delinquent tax shall incur all penalty and interest authorized by state law, Section 33.01 of the Property Tax Code. Taxes that remain delinquent on and after July 1, 2022, incur an additional penalty of 15% of the amount of the taxes, penalty and interest due, such additional penalty to defray the cost of collection as authorized in Section 6.30 of the Property Tax Code. The City shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. SECTION 9. Taxes are payable at the office of the counties of Comal, Bexar and Guadalupe. PASSED AND APPROVED ON FIRST READING THIS 7th DAY OF SEPTEMBER 2021. PASSED AND APPROVED ON SECOND READING THIS 14th DAY OF SEPTEMBER 2021. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary