01-20-2009 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 REGULAR AGENDA TUESDAY, JANUARY 20, 2009 Regular Session
6:30 p.m. Call to Order Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. 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 5 minutes. 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. INTRODUCTIONS • Introductions of new employees: (Public Wo?rks) Discussion and/or Action Items 1. Minutes – Discussion and/or action regarding
the approval of the minutes of the Regular Meeting of January 13, 2009. 2. Presentation and Bid Award for Phase II and III Recreation Center – Presentation/discussion and/or action regarding
the approval of awarding bid for Phase II and Phase II Recreation Center. (G. Logan/K. Lewinski) 3. Micro chipping Animals – Discussion and/or regarding the cost and process for micro
chipping animals in the City of Schertz. (G. Logan/C. Lewis) 4. Dog Park Survey – Discussion and/or action regarding the survey results on a Dog Park. (G. Logan/C. Lewis) 1-20-09 Council
Agenda
5. Ordinance No. 09-T-02 -Discussion and/or action approving Ordinance No. 09-T-02 and adopting the revised City of Schertz Economic Development Incentives Policy. First Reading (J.
Jewell) 6. Resolution No. 09-R-02 -Discussion and/or action approving a resolution for a Infrastructure Development Agreement between Eye Care Centers of America Inc., and the City of
Schertz Economic Development Corporation in the amount of $60,000. (J. Jewell) 7. Ordinance No. 09-H-03 – Discussion and/or action amending Chapter 54 of the Code of Ordinances Nuisances
and replacing Ordinance No. 08-H-16. First Reading (S. O’Brien) BOARDS/COMMISSIONS 8. Appointment/Reappointment to Boards and Commissions/Committees – Consideration and/or action regarding
appointments/reappointments to Boards and Commission/Committees. • Michael Goos – Alternate TSAC Requests and Announcements 9. Requests by Mayor and Councilmembers that items be placed
on a future City Council agenda. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information 11. Announcements by Mayor and Councilmembers • City and community
events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of
actions by City employees • Recognition of actions by community volunteers 12. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives • Upcoming
City Council agenda items Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL
BULLETIN BOARDS ON THIS THE 1-20-09 City Council Agenda Page -2 -
15th DAY OF JANUARY, 2009 AT 11:30 A.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. Brenda Dennis BRENDA DENNIS, TRMC, CMC CITY SECRETARY 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 _______________, 2009. ____________________________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 619-1030 at least 24
hours in advance of meeting. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation Committee
Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Councilmember Wilenchik Investment Advisory Committee Liaison -Schertz Chamber
of Commerce Liaison -Board of AdjustmentsAudit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee AACOG Economic Development TML Board
of Directors TML Municipal Revenue & Taxation Committee Councilmember Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation Advisory Board Interview Board
for Boards and Commissions Mayor Pro-Tem Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -50th Year Anniversary Committee Liaison -Schertz Youth
Commission Liaison – TIRZ II Board Councilmember Scagliola Liaison -Transportation Safety Advisory Commission Liaison -Schertz Humane Society Alternate Interview Board for Boards and
Commissions Liaison – Schertz Sweetheart Court Councilmember Trayhan Liaison -Schertz Housing Authority Audit Committee 1-20-09 City Council Agenda Page -3 -
10 COMMERCIAL PLACE SCHERTZ, TEXAS 78154-1634 PHONE (210) 619-1800 FAX (210) 619-1849 DEPARTMENT OF PUBLIC WORKS January 12, 2009 To: City of Schertz Council Members From: Sam D. Willoughby,
Public Works Director Re: New Public Works Employees Streets Department Marshall Phillips Marshall was born in San Antonio, Texas but grew up in Kirby, Texas. He attended school at La
Vernia High School and currently lives there. He joins our team as a Street Worker I. In his free time, Marshall enjoys hunting, fishing, baseball and off-roading. Dillon Rowell Dillon
was born in New Braunfels, Texas and moved to the Schertz area in January 2008. He grew up in Marion and attended high school there. He currently lives in Universal City. He joins our
team as a Street Worker I. In his free time, Dillon enjoys hunting, fishing and working on cars. Water Department Brian Chellino Brian was born in Manhattan, Illinois and grew up in
Schertz. He moved to the area with his family in 1991 and attended Samuel Clemens High School. He currently lives in Schertz. He joins our team as a Water/Wastewater Serviceman I. In
his free time Brian enjoys football, old cars, drag races and fishing.
Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: January 20, 2009 Department: Administration Subject: Minutes BACKGROUND On January 13, 2009 a Regular City Council Meeting
was held at the Municipal Complex Council Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the January
13, 2009 minutes. ATTACHMENT Minutes 01-13-09
City Council Regular Meeting January 13, 2009 322 MINUTES REGULAR MEETING January 13, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January
13, 2009 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present, to-wit: Mayor Hal Baldwin Mayor Pro-Tem
Michael Carpenter Councilmember Jim Fowler Councilmember David Scagliola Councilmember John Trayhan Councilmember Tony Wilenchik Staff Present: City Manager Don Taylor Assistant City
Manager John Bierschwale Assistant City Manager David Harris City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION
AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Mayor Pro-Tem Carpenter gave the Invocation followed by the Pledges of Allegiance to the Flags of the
United States and State of Texas. HEARING OF RESIDENTS Mayor Baldwin recognized Schertz Chamber Chamber of Commerce President Frances Rushing who announced the following: • Ribbon Cutting
on Wednesday, January 14, 2009 at 2:30 for the San Antonio Federal Credit Union • Ambassador Don Hicks passed away – funeral services were January 6, 2009 Discussion and/or Action Items
1. Minutes – Discussion and/or action regarding the approval of the minutes of the Regular Meeting of January 6, 2009. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded
by Councilmember Wilenchik to approve the minutes of January 6, 2009. Vote was unanimous. Motion Carried 2. Ordinance No.09-D-01 – Discussion and/or action approving an amended speed
limit on Live Oak Rd. to 35mph. (Final Reading) (L. Dublin)
City Council Regular Meeting January 13, 2009 323 Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating no changes had been made since the first reading.
Mayor Baldwin recognized Mayor Pro-Tem Carpenter who moved, seconded by Councilmember Wilenchik to approve Ordinance No. 09-D-01 on final reading. Vote was unanimous. Motion Carried
3. Sidewalks along FM 3009 – Discussion only regarding sidewalks along FM 3009. (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item with the following
information answering questions from Council: ?? FM 3009 is a state road owned and maintained by Texas Department of Transportation TxDOT. o It is designated as a rural roadway and as
such, sidewalks were not contemplated when the expansion was constructed in 1992. o As the designation is still current, TxDOT will not consider funding the construction of sidewalks
as a routine project. ?? Funding measures are available through TxDOT from other sources; however, it should be noted that funds are committed through FY 2015. o State Transportation
Enhancement Program o Metropolitan Planning Organization (MPO) o School and Neighborhood Accessibility Program ?? City of Schertz funded construction within the State Right-Of-Way (ROW).
o TxDOT will allow the construction within their ROW provided strict adherence to their design requirements is followed. o For safety reasons (the existing curb is mountable), the sidewalk
would have to be moved closer to the property line. o The parkway between the curb and property line is used as open ditch drainage and would have to be re-constructed under ground.
o In some areas it would be necessary to transition through private property (requiring acquisition of easements) in order to meet ADA standards. o Estimated cost to construct from HEB
to Dimrock, on both sides and generally within the TxDOT ROW, is $4.5 million. ?? City of Schertz funded construction within the easements acquired from private property. o It will still
be necessary to re-construct portions of the existing drainage system. o Pedestrian bridges will be necessary over some low areas. o Extensive acquisition of private property for easements.
o Estimated cost to construct from HEB to Dimrock, east side only and generally within easements is $4.2 million. ?? Undeveloped property along the route will be required to construct
sidewalks in accordance with the UDC.
City Council Regular Meeting January 13, 2009 324 Mayor Baldwin recognized Councilmember Trayhan who asked “if the property east of Randolph Brooks were developed, would the City require
sidewalks to be put in? Mr. Dublin stated that it would if using the current UDC yes, in the upcoming proposed new UDC it is still under discussion. Mr. Dublin to defined rural and urban
roads and stated that FM3009 is still considered rural but if TxDot were to re-designate it, it would be urban. Councilmember Fowler mentioned a possible alternative of a hike and bike
trail in lieu of sidewalks in the west side of 3009. Councilmember Fowler also mentioned utilization of the traffic signals and reconfiguring them so that pedestrians could push a button
to cross 3009. Councilmember Wilenchik stated that he did not think it was cost effective to build sidewalks along FM3009 for the number of citizens; which is less than 1%, that are
walking. Requests and Announcements 4. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items. 5. Requests by Mayor and Councilmembers to
City Manager and Staff for information. Councilmember Scagliola requested that staff bring back the Red Light Camera issue due to the recent court ruling. Councilmembers concurred. 6.
Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing
education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Baldwin recognized Councilmember Fowler
who stated that he is looking forward to the upcoming EDC training workshop. Mayor Baldwin recognized Councilmember Scagliola who stated that recently the city had received a letter
regarding the professionalism of Chris Lewis, Animal Control Supervisor for handling a citizen complaint and requested to pass along his gratitude to Mr. Lewis. Mayor Baldwin recognized
Councilmember Wilenchik who announced the following: • Recently attended the Operation Home Front meeting at which Mr. Cantu was elected chair. • Attended the TIRZ meeting this evening
regarding board responsibilities and was provided with the Sedona project update, next meeting will be in February.
City Council Regular Meeting January 13, 2009 325 • On Sunday, he attended the School Board meeting regarding the rezoning issue at which they discussed keeping the new Corbett school
as the feeder for Clemens High School and not Steel. • On Monday, the Ordinance review committee met regarding the revised Nuisance Ordinance and changes have been forwarded to the City
Attorney and will be coming to council soon. • Attended the low-water crossing opening with Schertz and Universal City. Mayor Baldwin stated that he also attended the opening of the
low-water crossing and commented on how well this project was completed and glad it was open. He also announced that all lanes of Schertz Parkway are completed and opened; he commented
on what a great project this was. 7. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives • Upcoming City Council agenda items Mayor Baldwin
recognized City Manager Don Taylor who announced that several members of staff are attending an Incident Command Training session this week. He stated that the instructor complimented
the City on the amount of staff members who were being trained. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 7:07 p.m. __________________________________
Hal Baldwin, Mayor ATTEST: ______________________________________________________ Brenda Dennis, TRMC, CMC City Secretary
Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: January 20, 2009 Department: Parks, Recreation and Community Services Subject: Discussion: Consider a recommendation on awarding
and rejecting bids on Phase II and III of the new Schertz Recreation Center. BACKGROUND The City of Schertz Recreational Center Developmental “Team” is comprised of Kell Munoz Architects
and Associates, Everyday Construction, The YMCA of Greater San Antonio, Leonard Truitt, Kim Lewinski and George Logan. This Team has been reviewing each phase of the work regarding bidding,
construction and development of the Recreation Center Complex. The City of Schertz received bids from 32 local subcontractors for the Recreational Center Project Phase II and III. The
Team reviewed bids for the following scope of work: • Division 2: Underground Irrigation, Planting Topsoil and Grass Sod • Division 4: Masonry • Division 7: SBS Modified Bituminous Membrane
Roof, Flashing, Sheet Metal, Sheet Metal Roofing and Roof Accessories. • Division 9: Tile, Resilient Flooring, Carpeting • Division 9: Painting, Elastomeric Coverings • Division 10:
Toilet Compartments, Metal Lockers, Toilet and Bath Accessories • Division 10: Blackout Shades • Division 10: Access Control • Division 11: Gymnasium Equipment (including Basketball
Backstops) • Division 11: Climbing Wall These bids were reviewed and are recommended by the Team for approval in the amount of $890,331.33. The successful vendor tablature is attached.
City Council Memorandum Page 2 The Team recommends the City Council reject the following bids: • Division 3: Precast Hollow Planks (Material), Precast Tilt-Up Panel (Erection), Tilt-up
Precast Concrete. (Erection). • Division 5: Structural Steel Framing, Architectural Exposed Structural Steel, Steel joist framing, Steel Roof Decking, Metal Fabrication, Lt.Ga. Metal
Framing. • Division 7: Building Insulation • Division 8: Steel Door Frames, Interior Aluminum Door and Frames, Flush Wood Doors, Access Doors and Frames, Aluminum Framed Entrances and
Storefronts, Finish Hardware, Glass and Glazing, and Glazed Aluminum Curtain Wall. • Division 9: Acoustical Ceilings and Sheetrock. These bids were reviewed and are NOT recommended by
the team for approval in the amount of $1,151,017.00 due to falling local market pricing (labor and materials) and shipping of the above materials. The Team anticipates a 20% to 30%
decrease in the cost of these materials. Recommended for Approval. ATTACHMENTS: Recreation Center Balance Sheet Recommended Bid Award Tab Recommended Bid Rejected/Re-Bid Tab Requested
Gantt Chart FISCAL IMPACT: An additional $890,331.33 is recommended to be spent out of the 2006 Bond Fund for the Recreation Center Project.
1/9/2009 1 of 2 Schertz Recreation Center Scope of Work: Subcontractors /Suppliers Actual Contract Amount Budget Over/Under Budget Estimated Completion Time (working days) 365 Gross
Building Square Footage 33,200 Division 1 -General Conditions Portable Toilet 825.00 DUMPSTER 9,600.00 TEMP FENCE, construction entrance 2,100.00 Temp Facilities (Inc. in OFFICE/etc)
6,000.00 Construction Entrance 0.00 CLEANING 0.00 FINAL CLEANUP 4,500.00 Impact Fees -NA COS 20,000.00 Capital Recovery Fee -N/A COS 30,000.00 Project Sign (Included) Digital D Signs
375.00 551.13 176 Division 1 -Totals 375.00 73,576.13 $ -DIVISION 2 -Site Work & Demo Sitework R.Hester Contractors, Inc. 0.00 0.00 Construction Entrance Blue Water Environmental 4,602.40
0.00 Silt Fence Blue Water Environmental 0.00 0.00 Parking Lot R.Hester Contractors, Inc. 412,438.00 647,500.00 Parking Lot Striping & Signage R.Hester Contractors, Inc. 0.00 0.00 Storm
Water Control R.Hester Contractors, Inc. 0.00 0.00 Site concrete Bronco Concrete 0.00 0.00 Transformer Pad (concrete) Bronco Concrete 0.00 0.00 Building Pad R.Hester Contractors, Inc.
0.00 0.00 Drilled Piers Bronco Concrete 0.00 0.00 Landscaping & Irrigation Maldanado Nusery and Landscaping, Inc. 146,946.00 175,000.00 Utilities Pesado Construction 161,170.00 175,000.00
Fencing & Gates 32,825.00 Concrete Footing for CMU Wall Bronco Concrete 0.00 10,500.00 Testing and Site Engineering INTEC 17,513.00 35,000.00 Ford Engineering 720.00 0.00 Briones Engineering
600.00 0.00 Division 2 -Totals 743,989.40 1,075,825.00 $ 331,835.60 DIVISION 3 -BUILDING CONCRETE Concrete Piers Bronco Concrete 0.00 0.00 0 Form work Bronco Concrete 0.00 0.00 0 Reinforcing
Steel Bronco Concrete 0.00 0.00 0 Building Concrete Bronco Concrete 849,000.00 849,000.00 0 Tilt Walls Bronco Concrete 0.00 0.00 0 Tilt Wall Erection 45,000.00 0 Utility Concrete Pesado
Construction 0.00 0.00 0 Concrete Planks 111,000.00 0 Division 3 -Totals 849,000.00 1,005,000.00 $ -DIVISION 4 -Masonry CMU Wall Tarrillion Masonry 90,800.00 103,500.00 Reinforcing Steel
(for CMU) Tarrillion Masonry Stone Veneer Tarrillion Masonry Division 4 -Totals 90,800.00 103,500.00 $ 12,700.00 DIVISION 5 -Steel Structural Steel Material 137,000.00 0 Structural Steel
Erection 137,000.00 0 Structural Steel Equipment 12,000.00 0 Misc Steel 100,000.00 0 Metal Roofing Brinkmann Roofing Company 0.00 0.00 0 Lt. Ga. Metal Framing 35,000.00 0 Division 5
-Totals 0.00 421,000.00 $ -DIVISION 6 -WOODS & PLASTICS Rough Carpentry 25,000.00 0 Millwork & Cabinets 14,700.00 0 Counter Tops 3,125.00 0 Finish Carpentry 12,000.00 0 Division 6 -Totals
0.00 54,825.00 $ -DIVISION 7 -Thermal & Moisture Protection Insulation (Rigid Wall) 30,000.00 0 Insulation (Batt) 16,000.00 0 Metal Roofing (Canopy) Brinkmann Roofing Company 0.00 0.00
0 Built-Up Roof/Flat Roof Brinkmann Roofing Company 245,591.00 239,666.67 (5,924) Flashing & Sheetmetal Brinkmann Roofing Company 0.00 0.00 0 Calk & Sealants 13,000.00 0
1/9/2009 2 of 2 Division 7 -Totals 245,591.00 298,666.67 $ -DIVISION 8 -Doors, Windows, & Glass HM Doors & Frames (ext. single) 3,000.00 0 Wood Doors & HM Frames Double 3,900.00 0 Single
12,841.20 0 Hardware Exterior 1,800.00 0 Interior Single 10,200.00 0 Interior Double 4,000.00 0 Storefront SF Doors (2 single, 3 double) 16,000.00 0 SF Glass/Windows 200,000.00 0 Division
8 -Totals 0.00 251,741.20 $ -DIVISION 9 -Finishes Climbing Wall Sheetrock Sheetrock (walls & partitions) 24,000.00 0 Sheetrock (ceilings) 7,500.00 0 Flooring Allegience Floors 118,635.52
123,580.00 4,944 Tile Floor Allegience Floors 0.00 0 Tile Walls Allegience Floors 0.00 0 Tile Base Allegience Floors 0.00 0 VCT Allegience Floors 0.00 0 Base Allegience Floors 0.00 0
Carpet Allegience Floors 0.00 0 Wood Floors (1 room only) 10,000.00 0 Gym floor (Paint) 20,000.00 0 Paint F.A. McComas, Inc. 99,950.00 148,975.00 49,025 Walls F.A. McComas, Inc. 0.00
0 Ceilings F.A. McComas, Inc. 0.00 0 Doors & Frames Single F.A. McComas, Inc. 0.00 0 Doors & Frames Double F.A. McComas, Inc. 0.00 0 Canopy F.A. McComas, Inc. 0.00 0 Exposed Structural
F.A. McComas, Inc. 0.00 0 Sealant on Tilt Up Panels F.A. McComas, Inc. 0.00 0 SAC 18,500.00 0 Division 9 -Totals 218,585.52 352,555.00 $ -DIVISION 10 -Specialties Toilet Partitions Klinger
Specialties Direct 3,323.00 8,050.00 4,727 Lockers Klinger Specialties Direct 27,053.00 33,150.00 6,097 Toilet Accessories Klinger Specialties Direct 4,935.00 10,000.00 5,065 Specialties
(Black out shades and Access Control) Alamo Blinds, Shades, & Sutters 35,333.81 127,825.00 76,163 Texas Lock & Door Closer, Inc. 16,328.00 0.00 Division 10 -Totals 86,972.81 179,025.00
$ -DIVISION 11 -Equipment Splash Pad 200,000.00 0 Climbing Wall Outdoor Escape 73,000.00 75,000.00 2,000 Play Land Equipment 40,000.00 0 Basketball Backstop /Gymnasium Equipment Key
Group Co. 28,436.00 50,000.00 21,564 Division 11 -Totals 101,436.00 365,000.00 $ -DIVISION 15 -Mechanical Sprinkler System Allied Fire Protection 67,200.00 110,000.00 42,800 HVAC Masters
Mechanical 330,500.00 460,000.00 129,500 Plumbing Mabry's Plumbing & Utilities, LLC 285,500.00 258,000.00 (27,500) Division 15 -Totals 683,200.00 828,000.00 $ 144,800.00 DIVISION 16
-Electrical Electrical Alco Electric Company 589,485.00 772,000.00 182,515 Communication System Alco Electric Company 0.00 0.00 0 Security System Alco Electric Company 0.00 0.00 0 PA
System Alco Electric Company 0.00 0.00 0 Fire Alarm Alco Electric Company 0.00 0.00 0 Div 17 -Telecommunications System Alco Electric Company 0.00 0.00 0 Division 16 -Totals 589,485
772,000 $ 182,515.00 Subtotal $ 3 ,609,434.73 c$ 5,780,714.00 c$ 2,171,279.27 Project Management Fee David Dorrough 520,264.26 $ 520,264.26 Subtotal $ 4,129,698.99 $ 6,300,978.26 Project
Management Contingency Allowance David Dorrough 120,000.00 $ 120,000.00 Total Including Allowances and Project Management Fees $ 4,249,698.99 $ 6,420,978.26
City of Schertz New Recreation Center Project Bid Phase II and III Contract Award Recommendations 1/9/2009 Bid Phase II & III -Subcontractors Recommened For Award Contractor General
Scope of Work Amount Maldanado Nursery and Landscaping, Inc. Division 2 -Underground Irrigation, Planting, Topsoil, and Sodding $ 146,946.00 Tarrillion Masonry Division 4 -Masonry $
9 0,800.00 BrinkMann Roofing Company Division 7 -SBS Modified Bituminous Membrane Roof, Flashing & Sheetmetal, Sheet Metal Roofing, and Roof Accessories $ 245,591.00 Allegience Floors
Division 9 -Tile, Resilient Flooring, Carpet $ 118,635.52 F.A. McComas, Inc. Division 9 -Painting, Elastomeric Coatings $ 9 9,950.00 Klinger Specialties Direct Division 10 -Toilet Compartments,
Metal Lockers, Toilet and Bath Accessories $ 3 5,311.00 Alamo Blinds, Shades, & Shutters Division 10 -Blackout Shades $ 3 5,333.81 Key Group Co. Division 11 -Gymnasium Equipment (includes
basketball backstops) $ 2 8,436.00 Outdoor Excape Division 11 -Climbing Wall $ 7 3,000.00 Texas Lock & Door Closer, Inc. Division 10 -Access Control $ 1 6,328.00 Total $ 890,331.33
City of Schertz New Recreation Center Project Bid Phase II and III Trades Recommended for Rejection and Rebid 1/13/2009 Bid Phase II & III -Trades Recommneded For Rebid Division Sections
Amount Notes Division 3 03410 -Precast Hollow Core Planks (Material) $ 282,000.00 03460 -Pre Cast Tilt-Up Panel (Erection) $ -Included in Division 5 -Steel Erection 03470 -Tilt-Up Precast
Concrete (Erection) $ -Included in Division 5 -Steel Erection Division 5 05120 -Structural Steel Framing /Erection $ 273,879.00 Includes Div 3 -Tilt-Up Wall Erection 05125 -Architectural
Exposed Structural Steel $ -Included in 05120 05200 -Steel Joist Framing $ -Included in 05120 05310 -Steel Roof Decking $ -Included in 05120 05500 -Metal Fabrication $ -Included in 05120
Lt. Ga. Metal Framing $ -Included in Division 9 -Acoustical Ceilings and Sheetrock Division 7 07210 -Building Insulation $ -Included in Division 9 -Acoustical Ceilings and Sheetrock
Division 8 08110 -Steel Doors & Frames $ 7 ,532.00 08121 -Interior Aluminum Doors & Frames $ -Included in 08110 -Steel Doors & Frames 08211 -Flush Wood Doors $ 7 ,905.00 08311 -Access
Doors and Frames $ -08411 -Aluminum Framed Entrances and Storefronts $ 284,500.00 08710 -Finish Hardware $ 59,701.00 08800 -Glass & Glazing $ -Included in 08411 -Aluminum Framed Entrances
and Storefronts Included in 08411 -Aluminum Framed 08911 -Glazed Aluminum Curtain Wall $ -Entrances and Storefronts Division 9 09510 -Acoulstical Ceilings $ -Included in 09610 -Sheetrock
09610 -Sheetrock $ 235,500.00 Totals $ 1 ,151,017.00
Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: January 20, 2009 Department: Parks, Recreation and Community Services Subject: Discussion: Consider the Mandatory Microchipping
of Animals in the City of Schertz. BACKGROUND The City of Schertz Department of Parks Recreation and Community Services have recently undertaken and reviewed the mandatory microchipping
of all animals within the City of Schertz. Microchipping is not new for animals within the City of Schertz. The City has been Microchipping on a voluntary basis since 2005 and since
that time, only 3,094 animals have been microchipped at our shelter. Industry standards of microchipping apply throughout the United States. Cities, towns and municipalities that have
mandatory microchipping see return to owner redemption rates go up considerably, thus easing owner stress due to lost pets. About ninety percent of animals found with microchips are
returned the same day. Costs for Shelters that have mandatory microchipping, decrease due to the lower cost of labor for boarding and cleaning after the animal. Cost for boarding a dog
and cat at the City of Schertz Animal Shelter are as follows: DOG: CAT: 1-3 Day Stay = $221.19 1-3 Day Stay = $232.71 1 Month Stay = $701.25 1 Month Stay = $712.77 Mandatory micro chipping
of all animals will save labor, food, supplies, medications, and other inventory items and decreased the time of return of the animals to their owners. The Animal Services recommends
that mandatory microchipping be placed on a future City Council agenda for review and approval. Staff recommends approval Attachments: Power Point Presentation Fiscal Impact: Approximately
$30,000 savings over a year in reduced labor, supplies and boarding
Schertz Animal Services Animal Micro Chipping
Schertz Animal Services
Schertz Animal Services Demographics • 3,094 Animals Chipped as of Jan 1, 2009 • We Estimate a Population Of 22,500 Pets In Schertz *68% National Average of Pet Ownership/Population
base ** We Estimate That 19,500 Animals Are Not Chipped • Annual Redemption Value of Chipped Animals is approximately 90% • Average Time spent in shelter = I day
Schertz Animal Services Labor Costs To House Animals DOGS •1-3 day stay at shelter = $84.25 •1 month stay at shelter = $564.31 CATS •1-3 day stay at shelter = $136.81 •1 month stay at
shelter = $616.87
Schertz Animal Services Recommendations • Make Animal Micro Chipping Mandatory. – Results: Save Labor
& Supplies Schertz Taxpayers. – Increase Redemption Rates (Revenue) Decrease Time In Shelter (Labor-Supplies) – Decrease Euthanasia for Unclaimed Animals…Move Towards No-Kill Shelter
Schertz Animal Services Implementation • 3 month Grace Period starting March 1, 2009 – Free for Schertz residents. – $15 for non-residents. – Grace Period ends May 1, 2009 • After 3
months: – $20 to Micro Chip for residents. – $30 to Micro Chip for Non-residents.
Schertz Animal Services Getting the Word Out • Once Approved • Initiate an Advertising Campaign • Notify HOA • Notify Apartments etc. • Media Blitz
Schertz Animal Services Conclusion • Make Micro Chipping Mandatory for Schertz Residents. – Reducing Labor and Housing Costs. – Reducing Euthanasia. – 3 Month Grace Period Ending May
1, 2009. – Implement
Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: January 20, 2009 Department: Parks, Recreation and Community Services Subject: Discussion: Consider an Update and Recommendations
on the Dog Park Survey and future Development of a Dog Park BACKGROUND The City of Schertz Department of Parks Recreation and Community Services have recently completed, with the assistance
of the Media Relations Department and the Director of Emergency Services, a six month survey on our City Webpage. This survey asked for input regarding the possible development of a
Dog Park for the citizens of the City of Schertz. The Survey results, from those who completed the survey, pointed overwhelmingly to the affirmative that the City of Schertz should fund,
plan, design, develop, construct and maintain a dog park for the citizens of Schertz. The survey results and the possible development of the Dog Park have been reviewed by the Parks
and Recreation Advisory Board. The Parks and Recreation and Advisory Board recommended unanimously in favor of the funding and development of the proposed Dog Park to the City Council.
Attachments: Dog Park Survey Results Power Point Presentation
Schertz Animal Services Schertz Dog Park Discussion and Survey Results
Schertz Animal Services History of Dog Parks ?? 1979-First Dog Park in Berkeley, California ?? Approximately 22 Dog Parks Currently Operating In Texas ?? Enclosed/Fenced Off-Leash Dog
Parks ?? Unenclosed Off-Leash Dog Parks
Schertz Animal Services Regional Dog Parks Austin Off-Leash Dog Park
Schertz Animal Services Austin Enclosed Park Regional Dog Parks
Schertz Animal Services Georgetown Bark Park Regional Dog Parks
Schertz Animal Services Survey Results ?? 457 people took part in the survey (77.9% are Schertz Residents) ?? 82.7% have at least 2 dogs ?? Currently 92% use neighborhood walkways to
walk, exercise, and socialize ?? 52.2% have been to a dog park before ?? 90.9% think Schertz can benefit from a dog park ?? 84 % feel that this is an appropriate use of local government
funds
Schertz Animal Services Survey Results ?? 79% would use a dog park at least 3-4 times a week ?? 69.1% are willing to travel at least 4-6 miles ?? 48.8% are willing to pay a “membership”
type fee and 51.2% are not ?? 51.1% say their greatest concern is maintenance ?? 89.2% are willing to use a dog park with a separate area for small dogs
Schertz Animal Services Recommendations ?? Allow Staff to move forward with design, funding and development of the proposed park ?? Review during Budget with regards to C.I.P. Priorities
Schertz Animal Services Possible Funding Source ?? 48.8 % support membership of Park ?? If 48.8% will Round Up Change on Water Bill ?? Avg. Round Up .50 ?? 10,000 Water Meters @48.8%
= $4,880 ?? .50 X 4,880 Citizens = $2,440/month = $29,280/Year ?? Annual Rate of Return for Park % $30,000 ?? Schertz Pet Owners Pay for the Park ?? Schertz Pet Owners Voluntarily Pay
the Cost of Maintenance of Dog Park and Needed Shelter Expansion
Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: January 20, 2009 Department: Economic Development Subject: Ordinance No. 09-T-02 – Repealing Ordinance 06-T-44 City of Schertz
380 Program, and adopting a new Economic Development Incentives Policy (First Reading) BACKGROUND In September 2006, the City adopted a “380 Program” to assist in economic development
in the City. City Staff recommends repeal of the 380 Program and implementation of a new City of Schertz Economic Development Incentives Policy. The attached economic development incentives
policy and matrices are the result of the work of the incentives subcommittee. The purpose of offering economic development incentives is twofold: 1) to increase private investment;
and 2) to provide quality jobs in the community. The policy attempts to do this by providing a formal framework staff can utilize to analyze, discuss and negotiate incentives with business
prospects. The policy reflects the City’s priorities as determined by the Incentives Policy Policy Committee. The Committee met through the months of August and September and involved
representatives from City Council, the EDC Board, City Management, and Economic Development Staff. ANALYSIS & DISCUSSION: The policy combines guidelines and criteria for Chapter 380
agreements (exclusively the City’s domain) and for incentives as governed by the Development Corporation Act of 1979 (EDC incentives). The goals of the policy were to: ?? Define economic
development in Schertz ?? Guide decision-making regarding how public investments are made ?? Generate private investment in Schertz that benefits all residents The policy states that
the amount of local incentives offered to developers and/or companies should ultimately be based on the projected increases in the value and size of the local workforce, real property,
business and personal property and other forms of revenue that inure to the local taxing entities. Perhaps the greatest change the policy makes is to explicitly state eligibility and
evaluation evaluation criteria. Principally, the company contracting with the EDC or City of Schertz must: ?? Have a profitable operating history; and ?? Propose to create and maintain
jobs that are at or above the Alamo Area regional average wage rate for the industry sector according to Labor Market and Career Information from the Texas Workforce Commission; and
?? Conform to community character, zoning ordinances, building codes and other applicable City ordinances. The application for incentives is requires the much of the same information
banks require when businesses or individuals request financing. The idea behind the more robust application was that if
Board Memorandum Page 2 businesses or individuals request that the City of Schertz make an investment in a project, they should be subject to the same kinds of scrutiny typically done
by banks when lending money. When a company’s project will likely increase the average household income in the City of Schertz, increase the number of jobs offered at these income levels,
result in real property valuation increases, or serve a particular niche for the City’s residents, incentives will be considered. The level of incentives offered is determined on a case-by-case
basis only. This provides for the most flexibility in structuring deals and can provide the best solution for the private and public partners. Scoring Rubrics The rubrics for new and
existing businesses are designed to help staff determine worthwhile projects by attaching a quantitative value to the attributes deemed most important by the committee. It is a scoring
template that attempts to quantify the quality of a company’s proposed jobs (40% of total score), investment (30%), business activities or sector (20%), and public improvements (10%).
Staff ran a series of tests on the rubric by completing it with the information collected from BRE visits and previous incentive applications. The tested projects received the following
out of 1000 possible points, with 50 bonus points offered for a LEED-certified building: FISCAL IMPACT: NONE RECOMMENDATION Adoption of Ordinance No. 09-T-02 ATTACHMENT Ordinance No.
09-T-02, with the City of Schertz Economic Development Incentives Policy attached as Exhibit A.
ORDINANCE NO. 09-T-02 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS REPEALING ORDINANCE 06-T-44 AND THE CITY OF SCHERTZ 380 PROGRAM ESTABLISHED THEREIN; ADOPTING A NEW
ECONOMIC DEVELOPMENT INCENTIVES POLICY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 380, Texas Local Government Code, as amended, allows the governing body of a municipality to
establish and provide for the administration of one or more programs to promote state and local economic development and to stimulate business and commercial activity in the municipality;
and WHEREAS, on September 19, 2006, the City Council of the City of Schertz, Texas (the “City”) adopted Ordinance 06-T-44, adopting the City of Schertz 380 Program (the “380 Program”)
for the purpose of promoting state and local economic development and stimulating business and commercial activity in the City; and WHEREAS, the City Council now desires to repeal the
380 Program and Ordinance 06-T-44 which adopted that Program; and WHEREAS, the City Council desires to adopt and implement a new Economic Development Incentives Policy for the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Council hereby repeals Ordinance No. 06-T-44 and the 380 Program established therein
Section 2. The City Council hereby adopts the City of Schertz Economic Development Incentives Policy attached hereto as Exhibit A. 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 City Council. Section
4. All ordinances, resolutions, and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance or the City of Schertz Economic Development Incentives
Policy established herein are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters described herein;
provided, however, the repeal of the 380 Program shall not affect any contract previously entered into, or action previously taken, in furtherance of the 380 Program. 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. Ordn 09-T-02.doc -1-
Ordn 09-T-02.doc -2-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 in force and effect from and after its final passage and any publication required by law, and the City of Schertz Economic Development Incentives
Policy authorized herein shall have an effective date on the date this Ordinance is adopted on second and final reading, and it is so ordained. PASSED ON FIRST READING, the 20th day
of January, 2009. PASSED, APPROVED, AND ADOPTED ON SECOND READING the ____ day of __________, 2009. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz, Texas (Seal
of City)
EXHIBIT A City of Schertz Economic Development Incentives Policy Ordn 09-T-02.doc A-1
CITY OF SCHERTZ ECONOMIC DEVELOPMENT INCENTIVES POLICY I. Purpose of Policy The City of Schertz and “City” of Schertz Economic Development Corporation (SEDC), pursuant to state law,
are authorized to offer a variety of incentives to industries and commercial enterprises for the purpose of local economic development. The City is committed to the promotion and retention
of high quality development and jobs in all areas of the City and to an ongoing improvement in the quality of life for its citizens. Insofar as new or expanded business enterprises fulfill
these objectives, the City and the SEDC will, on a case-by-case basis, give consideration to a company requesting incentives as stimulation for economic development. The City will consider
providing any type of economic development incentives not prohibited by state or federal law including, but not limited to, tax abatements, Freeport exemptions, revenue bonds, sales
tax grants, cost participation in the construction of infrastructure and the waiver of certain development fees. All economic development incentives will be provided by contract with
the applicant, and shall be subject to procedural and other requirements set forth in such contract as well as applicable federal, state and local laws. The purpose of this policy is
to establish guidelines for making local incentives available for projects that promote the City’s economic development objectives. Nothing herein shall imply or suggest that the City
or the SEDC is under any obligation to provide any business incentive to any applicant. II. Premises 1. The City should, in appropriate instances, offer incentives to stimulate certain
types of new and existing business development. 2. The City’s priority is to offer incentives to projects that will create new primary jobs (i.e. jobs that form the economic base of
the community, created by enterprises that import new wealth into the local economy). What constitutes a “primary job” is described in greater detail below. 3. Our community believes
that a new primary job created by an existing employer is as valuable as a new primary job created by a new company. Therefore, the City will consider appropriate incentives to qualifying
existing businesses as well as those recruited from outside the City. 4. It is the policy of the City to provide economic development incentives on a case-by-case basis. This individualized
design of a total incentive package is intended to allow maximum flexibility in addressing the unique aspects of each applicant and its proposed project while enabling the City to better
respond to the changing demands and needs of the community. 5. If developers and/or companies seek financial assistance from the public sector in order to startup or expand their operations,
they must be prepared to: Page 1 of 10
• Invest in the community through job creation and capital investment • Make a long-term commitment to the community • Treat local governments as they would any other contracting party
• Expect consequences for breaching their agreement 6. Although nearly every economic development project has unique requirements, the City set of guidelines that can be explained to
a prospect in advance. These guidelines may be modified over time as appropriate. In addition, the City has flexibility to accommodate different types of economic development opportunities
or special situations. 7. The amount or level of local incentives offered to prospective developers and/or companies should ultimately be based on the projected increases in the value
and size of the local workforce (both in number of jobs and the level of wages), real property, business machinery, personal property, and other forms of revenue that inure to the local
taxing entities. 8. Incentives will only be used when they will make a difference in a project's likelihood of success and/or the City’s competitive advantage in securing the project.
Incentives may also be provided to a company when the City is convinced that the incentives are needed to retain existing primary jobs which would otherwise be lost. III. Scope The City
is authorized to offer economic development incentives under various sections of the Texas Local Government Code (the "Code") including Chapter 380 and the Texas Development Corporation
Act of 1979 (the “4B Act”). Chapter 380 provides that Texas municipalities may create programs to promote local economic development. This legislation permits, on a case by case basis,
the City to evaluate and, where appropriate, to offer certain economic development incentives under the Code. Incentives may include loans and/or grants of public money, as well as other
City services, to businesses and entities that the City determines will promote local economic development and stimulate business and commercial activity in the City in return for specific
and verifiable commitments and results from such businesses or entities to cause specific infrastructure and other public benefits and amenities to be made and/or invested in the City.
The 4B Act allows municipalities to create nonprofit development corporations, which are funded by a special sales tax. The SEDC is such a corporation. These corporations promote the
creation of new and expanded industry and manufacturing activity within the municipality and its vicinity. The sales tax proceeds are distributed to the SEDC by the City, which then
uses the money for economic development projects as outlined in Sections 2(11) and 4B(a) of the 4b Act. Any activities of a development corporation must always be in furtherance of and
attributable to a “project.” The SEDC is responsible for managing economic development projects in the City. Except in certain specific instances, SEDC projects must result in the “creation
or retention of primary jobs.” The term primary job means: 1. A job that is available at a company for which a majority of the products or services of that company are ultimately exported
to regional, statewide, national or international markets infusing new dollars into the local economy; and Page 2 of 10
2. Is included in one of nearly nine (9) North American Industry Classification System (NAICS) sector code. The enumerated sector numbers are: NAICS Sector Number Description 221 Utilities
331-339 Manufacturing 42 Wholesale Trade 48-49 Transportation and Warehousing 51 (excluding 512131 and 512132 Information(excluding movietheaters and drive-in theaters) 523-525 Securities,
Commodity Contracts, and Other Financial Investments and Related Activities; Insurance Carriers and Related Activities; Funds, Trusts, and Other Financial Vehicles 5413, 5415, 5416,
5417, 5419 Scientific Research and Development Services 551 Management of Companies and Enterprises 56142 Telephone Call Centers Eligible Section 4B Projects The SEDC will consider spending
sales tax proceeds on land, buildings, equipment, facilities, targeted infrastructure, and improvements that create or retain primary jobs and are found by the SEDC’s board of directors
to be required or suitable for the development, retention, or expansion of: • manufacturing and industrial facilities • research and development facilities • transportation facilities
(including but not limited to airports, ports, mass commuting facilities and parking facilities) • distribution centers • sewage or solid waste disposal facilities • recycling facilities
• air or water pollution control facilities • small warehouse facilities • primary job training facilities for use by institutions of higher education • regional or national corporate
headquarters facilities; and • projects which promote or develop new or expanded business enterprises including projects that provide public safety facilities, streets and roads, drainage
and related improvements, demolition of existing structures, or generally municipally owned improvements Page 3 of 10
Additionally, the SEDC may fund the acquisition of land, buildings, equipment, facilities, and improvements found by the board of directors to promote or develop new or expanded business
enterprises that create or retain primary jobs, including projects that provide: • Public safety facilities • Streets and roads • Drainage and related improvements • Demolition of existing
structures • General municipal substandard or inefficient owned improvements The SEDC will consider any improvements or facilities that are related to any of those projects and any other
projects that the board, in its discretion, determines promotes or develops new or expanded business enterprises and creates or retains primary jobs. Eligible Projects Which Are Not
Required to Create or Retain Primary Jobs The SEDC will consider funding projects that do not create or retain primary jobs if the project is related to: • Job training classes-Certain
job training required or suitable for the promotion or development and expansion of business business enterprises; • Certain targeted infrastructure improvements which promote or develop
new or expanded business enterprises; o Limited to streets and roads, rail spurs, water and sewer utilities and electric utilities, gas utilities, drainage, site improvements and related
improvements, and telecommunications and internet improvements; • Land, buildings, equipment facilities, improvements and expenditures required or suitable for a career center, provided
the area benefited is not located in the taxing jurisdiction of a junior college district; • Professional and amateur sports and athletic facilities; entertainment, tourist, convention
facilities; public parks and related open space improvements; and related store, restaurant, concession, automobile parking facilities, roads, streets, and water and sewer facilities;
• Affordable housing; • Water supply facility or water conservation program (this use must be approved by a majority of the City’s voters in an election held for that purpose); • Development,
improvement, expansion or maintenance of facilities relating to the operation of commuter rail, light rail or motor buses; and • Certain airport facilities IV. Eligibility and Evaluation
Criteria for Development Incentives 1. Eligibility Criteria The following criteria must be met for an applicant to be considered eligible to contract for an economic development incentive:
Page 4 of 10
• The company must have a profitable operating history and be well-managed; • The proposed development and/or redevelopment must create and maintain jobs that are at or above the Alamo
region average wage rate for the industry sector according to Labor Market and Career Information from the Texas Workforce Commission ; • Community character and economic development
goals; and • The project must conform to the requirements of the City’s zoning ordinance, building codes and other applicable City ordinances. 2. Evaluation Criteria In addition to the
minimum requirements stated above, the following criteria will be considered to determine what level of incentives will be provided to the applicant. The City will consider various factors
to determine the viability, extent and size of the development incentive. Eligibility for incentives will be considered on the basis of the initial eligibility criteria listed in part
1 of this Section IV. After such eligibility has been determined, the SEDC will evaluate the following factors to determine whether any public subsidy is warranted: A. Employment Impact
• Wage levels of jobs to be created or retained, as well as benefits offered to fulltime employees; and • Number of jobs brought to the City. B. Investment • Type and value of proposed
private and/or public improvements; • Amount of any local taxes or revenues (sales, ad valorem, utilities) to be generated directly; and • The costs, if any, to be incurred by the City
to provide facilities or services directly resulting from the improvements. C. Other Factors Considered • Likelihood of a development incentive being a determining factor in a business’
decision to locate or expand its operations; • The financial capacity of the applicant to undertake, complete and sustain the proposed project; • Other incentive programs and matching
grants relating to the project for which the applicant has applied or is qualified; and • Other, unanticipated factors deemed relevant by the board at its discretion; D. Community Impact
• Appropriate type of activity (e.g. office, retail, etc.); Page 5 of 10
• The positive or negative impact on the opportunities of existing businesses; • The impact on the opportunities of attracting additional business or residents to the community; • The
market conditions and growth potential for the business activity. • The productive life of proposed improvements; • Whether high quality architecture and site design including landscaping
and public amenities beyond the minimum required by the City will be provided; and • Whether the project is environmentally compatible with no appreciable negative impact on quality
of life perceptions. V. Application Procedure After review of the application for the economic development incentive, the SEDC will make a recommendation to the City Council. The City
Council will then determine whether it is in the best interests of the City to provide the economic development incentive to the applicant. The City Council may consider criteria other
than those set forth in these guidelines, including but not limited to, such matters as the relative degree to which the project/applicant furthers the goals and objectives of the community
or meets or compliments a special need identified by the City Council. Any person or company requesting that the City and/or the SEDC provide an economic development incentive shall
comply with the following procedure: • The applicant shall submit a completed application form for the requested incentive on a form provided by the City and/or the SEDC. • The applicant
shall provide a plat, map or survey showing the location of the property and the proposed project, all streets, land uses, and zoning within 500 feet of the project site. • The applicant
shall describe in detail the proposed project and the type of economic development incentives requested. • The applicant shall provide all other documentation required in the Economic
Development Incentives Application • The application will be reviewed initially by the SEDC, which, if favorably approved, shall make a recommendation to the City Council, as described
above prior to the City Council’s review of the proposed incentives the application will be distributed to the applicable departments of the City for review and comment. Additional information
related to the application and the project may be requested by the SEDC and/or the City. Failure to timely submit and additionally requested information will cause the application to
be rejected and will be deemed withdrawn by the applicant without further action by the SEDC and/or the City. • The City Council will, consider the SEDC recommendation and the requested
incentive pursuant to this policy. • The City Council will call and conduct public hearings when required by law. • When appropriate under these guidelines the City Council will, at
a regular meeting and when allowed by law at a special meeting, consider the approval of an economic development incentive agreement. Page 6 of 10
• Information submitted by the applicant regarding the requested incentive is confidential to the extent allowed by law. VI. Expiration and Modification This Economic Development Incentive
Policy is effective upon the date of its adoption and will remain in force for two years, at which time, all project incentives provided pursuant to its provision will be reviewed by
the EDC Board and City Council to determine whether the goals of the program have been achieved. Based upon that review, the Business Incentive Policy may be modified, renewed or eliminated.
Prior to the date for review, as defined above, the Economic Development Incentive Policy may be modified by a super-majority 4/5th vote of the City Council. Page 7 of 10
Index of Available Economic Development Incentives Abatement of municipal ad valorem property taxes Sec. 312.204 of the Texas Tax Code The City and Comal, Guadalupe, and Bexar Counties
may grant up to 100% abatement of property taxes on buildings, fixed machinery and other business property for up to ten years. Tax abatements do not apply to the value of land but to
the value of improvements constructed as a result of a particular economic development project. Minimum qualifications for tax abatements are the creation of new primary jobs. Tax abatements
are sometimes structured as tax phase-ins. Freeport property tax exemption Texas Constitution Art. VIII, §1-j The freeport exemption exempts personal
property consisting of inventory, goods or ores, other than oil, natural gas and petroleum. Eligible property must be transported out of the state of Texas within 175 days of acquisition
but may first be assembled, stored, manufactured, processed or fabricated locally. The goods must be in Texas only for a limited purpose. Freeport property, by definition, includes goods,
wares, merchandise, ores, and certain aircraft and aircraft parts as defined under Article VIII, Section 1-j of the Texas Constitution. The City, Comal Guadalupe and Bexar Counties,
as well as four local independent school districts in the city (Schertz/Cibolo/Universal City ISD, East Central ISD, Judson ISD, and Comal ISD) allow personal property tax exemptions
for companies that deal with goods-in-transit or inventories used in the manufacturing process. The tax exemption applies to items classified as “freeport property.” Municipal grants
Chapter 380 of the Texas Local Government Code The City may provide loans and grants of City funds as well as City employees and equipment to promote economic development projects within
the city. Owners of eligible projects involving significant investment may contract with the City to receive sales tax grants, franchise fee grants, water or sewer line extensions, building
permit fee waivers and grants for capital recovery fees. Foreign Trade Zone The Tri-County Industrial Park in the City is one of ten General Purpose sites eligible for incentives arising
from operating in a Foreign Trade Zone (FTZs). Businesses locating in FTZs can take advantage of the incentives offered including 1) relief from inverted tariffs; 2) duty exemption on
re-exports; 3) duty elimination on waste, scrap, and yield loss; and 4) duty deferral until merchandise is imported from the FTZ into the FTZ. The purpose of an FTZ is the creation of
jobs realized from the cost savings from delayed or forgiven tariffs. The City Page 8 of 10
currently has an FTZ located at the Tri-County Industrial Park and will have potential for in the new Enterprise Industrial Park. More information can be found at http://www.saftz.com/Tax
Increment Financing Chapter 311 of the Texas Tax Code The City may create a Tax Increment Reinvestment Zone where construction of public improvements using tax increment funds is likely
to result in significant commercial investment. The cost of improvements within the Zone is repaid by the contribution of future tax revenues by each taxing unit that that agrees to
participate, but in all events excluding school districts levies taxes on the affected properties. Once the City initiates tax increment financing, counties and school districts may
also participate in the tax increment financing program. The costs of selected public improvements are paid by additional tax dollars generated by the growth of real property value in
the designated area. Creation of Industrial District in ETJ and Agreement to not Annex Section 42.044 of the Texas Local Government Code To attract a business into an area the City may
choose to encourage the business to locate in the City’s extraterritorial jurisdiction (“ETJ”). If the business locates in the City’s ETJ, the City Council may enter into an agreement
not to annex the business property for a set period of time (maximum of 15 years). The agreement may call for the business to pay the City an annual fee in lieu of taxes for the use
of City facilities. The City may also provide certain contractual services (i.e. firefighting services) to the business during the non-annexation period. Community Infrastructure and
Economic Development (CIED) Fund The City, in partnership with CPS Energy, offers a unique incentive to qualifying companies to help fund electric and other site-specific capital improvements
from CPS CIED Fund. Potential funding from the CIED Fund will vary based upon the level of positive impact the project has on the CPS energy system. Qualifying companies may be eligible
for CIED fund grants to offset the cost of public improvements Municipal programs used to help finance business development projects. Industrial Development Bonds (Issued by the City
for construction of leased facilities) Chapter 1509 of the Texas Government Code The City may issue industrial development bonds to finance the construction or purchase of a manufacturing
facility for lease to a private entity. Bonds are payable from the project revenues unless approved by the voters to be payable from property taxes. Page 9 of 10
Industrial Development Revenue Bonds (Issued by SEDC) Article 5190.6, Sec. 21 of the Texas Revised Civil Statutes SEDC may issue bonds for economic development projects. Generally all
debt services on the bonds is paid by the business under the terms of a lease, sale or loan agreement. This does not constitute a debt of obligation by the City or the SEDC. Public Improvement
Districts Chapter 372 of the Texas Local Government Code A Public Improvement District (“PID”) enables a commercial area to make improvements benefiting the area and spread the cost
equally among all properties in the designated area. Property owners are assessed based on uniform benefit criteria. These assessments may be used to pay the debt service on bonds or
they may be used to pay for services directly if no bonds are issued. PID funds may be used to purchase real property in connection with improvements. Improvements include a wide variety
of enhancements such as water and wastewater, streets, drainage, parking, landscaping, etc. Municipal Management Districts Chapter 375 of the Texas Local Government Code Municipal Management
Districts allow commercial property owners to enhance a defined business area by financing facilities, infrastructure and services beyond those already provided by the City. The improvements
may be paid for by a combination of self imposed property taxes, special assessments and impact fees. A District is created to supplement not supplant the City services available to
the area. Empowerment Zone The City l has the ability to create Empowerment Zones within the City limits. The purpose of creating the Zone is to encourage investment in certain areas
lacking adequate water and sewer lines and paved streets. Small Business Administration Loan Guaranty Program The City’s Economic Development Department can direct businesses to lenders
and special funds designed for small businesses. The SBA provides a guaranty on loans made by private lenders and Community Development Corporations (CDCs). Page 10 of 10
Economic Development Incentives Policy & Application for Economic Development Incentives Page 1 of 12 City of Schertz Application for Development Incentives I. Statement The City of
Schertz will consider providing economic development incentives in accordance with the procedures and criteria outlined in this Application and the City of Schertz Economic Development
Incentives Policy (“The Policy”). Incentive agreements will be considered for both new facilities and expansions of existing facilities and for the expansion or modernization of existing
facilities and structures. Nothing in this Application or the Policy shall imply or suggest that the City of Schertz is under any obligation to provide any business incentive to any
applicant. Applications shall be filed with the Economic Development Department, which will provide copies to the City Manager, appropriate City Departments, and The City of Schertz
Economic Development Corporation (The “SEDC”) Board of Directors within ten working days. All applicants applicants shall be considered on a case-by-case basis. II. Applicability The
Policy establishes that all business incentive options, programs, and agreements shall be governed by applicable State statutes and adopted City policies relating to economic development.
III. Eligibility Criteria Any request for a business incentive shall first be reviewed by the SEDC Board. If the request is accepted by the Board, the Board will recommend approval to
the City Council. Acceptance and approval by the SEDC Board shall be based upon an evaluation of the narrative responses provided in the Application for Business Development Incentives
(attached herein) and all accompanying support documents. IV. Evaluation Criteria The following criteria will be considered in determining what level of incentives may be provided to
the applicant: 1. Creation of permanent full time employment opportunities. The number and types of jobs to be created or retained (full time vs. part time) and to what extent benefits
(health or otherwise) for all full time employees will be provided. 2. Total capital investment in the project including site improvement, building cost, business personal property and
other equipment. 3. Expansion of the local tax base. 4. Location of the proposed facility or operation. 5. Whether an incentive is likely to influence the decision to locate the project
in the City. 6. Whether type of activity is appropriate to the proposed area (e.g. office, retail, etc.) 7. The types and value of public improvements which will be made by the applicant.
8. Whether high quality architecture and site design including landscaping and public amenities beyond the minimum required by the City will be provided. 9. Whether the proposed structures
will pursue Leadership in Energy and Environmental Design (LEED) certification. 10. To what extent City utilities will be used. 11. The types and cost of public improvements (e.g. streets,
water, wastewater, drainage) and services (e.g. fire, police) which will be required of the City. 12. The The market conditions and growth potential for the business activity. 13. The
amount of time necessary to complete the project and create the jobs which are to be provided by the applicant.
Economic Development Incentives Policy & Application for Economic Development Incentives Page 2 of 12 14. The extent to which the proposed project carries out the goals and objectives
of the City’s Economic Development Strategic Plan. 15. An analysis of the costs of the incentives requested versus the benefits by the applicant’s expansion or relocation. 16. Other
incentive programs and matching grants relating to the project for which the applicant has applied or is qualified. 17. Other factors set forth in the Policy. 18. Any other factors the
SEDC Board or the City Council finds helpful and relevant to accomplishing the city’s economic development objectives. 19. Other, unanticipated factors deemed relevant by the Board in
its discretion.
Economic Development Incentives Policy & Application for Economic Development Incentives Page 3 of 12 City of Schertz Application for Economic Development Incentives Please submit the
original and three (3) copies of this application and all supporting documentation to the City of Schertz, Attention: Economic Development, 1400 Schertz Parkway, Schertz, TX. 78154,
Phone: 210-619-1073, or fax: 210-619-1079 1. APPLICANT INFORMATION (Responsible Person): Application Date: _______/____/_____ Applicant Name: ________________________________ Title:
________________________________ Applicant Address: Physical _________________________________Box________________________ Applicant City, State Zip Code: _____________________________________________
___________ Applicant Area Code/Phone: ________________________ Fax: _______________________________ Applicant (if different from Applicant): __________________________ Email: ___________________
Company Name:______________________________________________________________________ Company Address: Physical _____________________________Box ___________________________ Company City,
State, Zip Code: _________________________________________________________ Company Area Code/Phone: ___________________ Area Code/Fax: __________________________ Company Web Page: ___________________
_____ Company NAICS Code: ___________________ Email: __________________________ Previous Co. Mailing Address: Physical _______________________ P.O.B. _____________________ Previous Co.
City, State Zip Code: ______________________________________________________ Business is a (please check one): (a.) Corporation -Texas or Foreign; (b.) Partnership; (c.) Sole Proprietorship;
(d.) Other (Please Explain) ___________________________________ ___________________________________________________________________________________ Date Company Established:_____________
Federal Taxpayer ID Number:_______________________ Please List Business References: 1. Bank Name_____________________________ Address: __________________________________ Contact Name:
__________________ Phone #:_______________ Email: _____________________ 2. Accounting Firm _________________________ Address: __________________________________ Contact Name: __________________
Phone #:_______________ Email: _____________________ 3. Law Firm _____________________________ Address: ___________________________________ Attorney Name: __________________ Phone #:
______________ Email: _____________________ 4. Other _________________________________ Address: ___________________________________ Contact Name: __________________ Phone #: ______________
Email: ______________________ 2 . PROPERTY OWNER INFORMATION: CurrentProperty Owner’s Name: __________________________________________________________ Mailing Address: Physical ______________________
_________Box______________________
Economic Development Incentives Policy & Application for Economic Development Incentives Page 4 of 12 Area Code/Phone: _______________________ Area/Code Fax: __________________________
Area Code/Cell: ________________ Email: _________________Web Page: ________________ 3 . CURRENT PROPERTY OWNER’S REPRESENTATIVE: Current Property Owner’s Representative’s Name: ______________________
____________________________ Mailing Address: Physical ________________________________Box______________________ Area Code/Phone: _______________________ Area/Code Fax: __________________________
Area Code/Cell: ________________ Email: _________________Web Page: ________________ 4. PROPERTY INFORMATION: Own Leasing Have a Contract to Purchase $____________ Property Location (including
school district jurisdiction): _________________________________ __________________________________________________________ _________________________ Property Address: _______________________________
_______________________________ Property Legal Description /Total Acreage (Provide survey if by metes and bounds): ________________________________________________________________________________
________________________________________________________________________________ Most Current County Tax Appraisal District Assessed Valuation (Please attach copy of Statement) on real
property and improvements: Real Property: ___________________________ Improvements __________________________ 5 . PROPOSED PROJECT DESCRIPTION: Please describe the following aspects
of the project. Intended Use: (e.g. hotel, retail, industrial, manufacturing, medical, wholesale, call center, corporate office, professional office, research/development, etc.) _____________________
____ This project is: Existing Expanding New Relocating (from another state -_________) Relocating (from another Texas City/County ___________)? Give location of current facilities:
PROJECT DESCRIPTION Will the occupancy be Owner/Occupied or Landlord/Tenant? If leasing, what is the length of the lease ______________________________________ Is the project compatible
with the City’s Comprehensive Plan? Yes No Will a zoning change be necessary to accommodate the project? Yes No
Economic Development Incentives Policy & Application for Economic Development Incentives Page 5 of 12 Is there adequate infrastructure available to the site? If not, please detail required
improvements. ________________________________________________________________________________________ ________________________________________________________________________________________
________________________________________________________________________________________ ________________________________________________________________________________________ _____________________
______________ 6 . DEVELOPMENT CONCEPT: Please describe the development concept for the project. Building Type: (# of stories, architectural style, materials, etc.) ____________________________
________________________________________________________________________________________ ________________________________________________________________________________________ _____________________
__________________________________________________________________ ________________________________________________________________________________________ ___________________________________________
____________________________________________ Development Concept: (single building or campus setting, open space, surface or structured parking, acreage, vehicular access, etc.) _____________________
________________________________________________ ________________________________________________________________________________________ _____________________________________________________________
__________________________ ________________________________________________________________________________________ ___________________________________________________________________________________
____ ________________________________________________________________________________________ General Description of business activities at the project site: _________________________________________
___________ ________________________________________________________________________________________ ________________________________________________________________________________________
________________________________________________________________________________________ ________________________________________________________________________________________ _____________________
__________________________________________________________________ ________________________________________________________________________________________ ___________________________________________
____________________________________________ 7. TIMING QUESTIONS: Please provide an estimation of the following timing questions. Month/Year Item First development application (zoning,
site plan, plat, etc.) Ground breaking Phase I occupancy Phase II occupancy (if necessary)
Economic Development Incentives Policy & Application for Economic Development Incentives Page 6 of 12 8. PROJECT DETAILS: Approximate Dates by Phase Ref. # Category Phase I Date:________
Phase II Date:________ Phase III Date:________ INVESTMENT a. Building in square feet s.f. f s.f. f b. Construction value $_______________ $_______________ $ _____________ c. Personal
property value $_______________ $_______________ $_____________ d. Total Improvement Value $ $ $ TAXES e. Direct Sales Tax Paid due to Company Purchases $ $ $ f. Annual product sales
in Schertz subject to sales tax $ $ $ CURRENT EMPLOYEES F-T P-T F-T P-T F-T P-T g. Current # Employees h. Current # Employees RELOCATING i. Type Jobs of Current Employees j. Payroll
for Current Emps $ $ $ $ $ $ k. # of Emp w/annual salary of $34,609 or greater l. % of Employees residing in Guadalupe, Comal or Bexar Counties % % % % % % m. Median Annual Salary Per
Employee $ $ $ $ $ $ NEW EMPLOYEES F-T P-T F-T P-T F-T P-T n. # of New Jobs to be Created o. Type New Jobs to be Created p. Payroll for New Jobs/Employees $ $ $ $ $ $ q. # of New Emps
w/annual salary of $34,609 or greater r. % of New Emps residing in City of Schertz % % % % % % s. Average Annual Salary Per New Employee $ $ $ $ $ $ t. Total Current & New Annual Payroll
$ $ $ $ $ $ Reference: Provide any additional notes here regarding any of the items above ________________________________________________________________________________________ ____________________
___________________________________________________________________ ________________________________________________________________________________________ __________________________________________
_____________________________________________ ________________________________________________________________________________________
Economic Development Incentives Policy & Application for Economic Development Incentives Page 7 of 12 9 . COMMUNITY IMPACTS Describe the pros & cons of how this project will affect existing
businesses in the development area? ________________________________________________________________________________________ __________________________________________________________________________
_____________ ________________________________________________________________________________________ What effect will the project have on the local housing market? _________________________________
___ ________________________________________________________________________________________ ________________________________________________________________________________________
________________________________________________________________________________________ What effect will the project have on the local school districts? _______________________________________
________________________________________________________________________________________ ________________________________________________________________________________________ _____________________
__________________________________________________________________ Will the project create any environmental quality impacts on Air Water Visual Other? _______________________________________________
________________________________________ ________________________________________________________________________________________ _____________________________________________________________________
__________________ Will the project have a high demand for Water, Wastewater, Electricity, or Gas? ________________________________________________________________________________________
________________________________________________________________________________________ ________________________________________________________________________________________ Is the
property currently properly zoned for your project? Yes No Will there be any Rezoning and/or Platting and/or Re-platting? 10. INCENTIVE REQUEST: Please outline the incentive(s) you are
requesting and the necessity of such incentive(s) for this project. _______________________________________________________________ _ _________________________________________________________________
______________________ ________________________________________________________________________________________ _______________________________________________________________________________________
________________________________________________________________________________________ ________________________________________________________________________________________ ____________________
___________________________________________________________________ ________________________________________________________________________________________
Economic Development Incentives Policy & Application for Economic Development Incentives Page 8 of 12 Please summarize the overall economic impact this project will have on the City
of Schertz. ________________________________________________________________________________________ ________________________________________________________________________________________
________________________________________________________________________________________ ________________________________________________________________________________________ _____________________
__________________________________________________________________ 11. PROJECT PARTNERS: Please list any other financial partners or investors involved in this project. Name: ___________________
Title: __________________ Project Relationship______________ Address: Physical _________________________________ Box__________________________ City, State Zip Code: __________________________________
_________________________ Area Code/Phone: _____________________________ Fax: _____________________________ Area Code/Cell: ____________________________ Email: _______________________________
Name: ___________________ Title: __________________ Project Relationship______________ Address: Physical _________________________________ Box__________________________ City, State Zip
Code: ____________________________________________________________ Area Code/Phone: _____________________________ Fax: _____________________________ Area Code/Cell: ____________________________
Email: _______________________________ 12. OTHER INFORMATION: Have you or any of your principals had any legal judgments against a current or prior business? No Yes (Explain) ________________________
_______________________________________________________________ ________________________________________________________________________________________ ______________________________________________
_________________________________________ ________________________________________________________________________________________ ____________________________________________________________________
___________________ ________________________________________________________________________________________ Have you or any of your principals declared bankruptcy in the last 5 years?
No Yes (Explain) __________________________________________________________ ______________________________________________________________________________ ____________________________________________
_________________________________ ______________________________________________________________________________
Economic Development Incentives Policy & Application for Economic Development Incentives Page 9 of 12 13. SUPPORTING INFORMATION: In addition to the information provided in this Application,
please enclose the following documents as indicated below with your application. Requested Attached Item EXISTING BUSINESSES Audited financial statements for the past 3 full fiscal years
preceding this Application Profit/Loss Statement Cash Flow Statement Annual Reports for the past 3 full fiscal years preceding this application Business Plan Market Analysis Title Report
Most recent County Tax Appraisal District Assessed Valuation Statement (if purchasing the project property or already owns property) Tax Returns for the past 3 years Drawings/specifications
Survey of property in metes and bounds Other: ____________________________________________________ Other: ____________________________________________________ PROPOSED NEW BUSINESS START-UP
OR IMPROVEMENTS Proposal Cover Letter Business Plan Market Analysis Credit Report Title Report Pro Forma Income Statements Most recent County Tax Appraisal District Assessed Valuation
Statement Personal income tax returns for the past 3 years (If this is a new business start-up, provide personal income tax returns) Drawings/specifications and/or conceptual development
layout Survey of Property in metes and bounds Other: ____________________________________________________ Other: ____________________________________________________ 14. UNDOCUMENTED
WORKER CERTIFICATION-Chapter 2264, Subchapter A, Texas Government Code requires that any public agency or economic development corporation shall require a business that submits an application
to receive a public subsidy to include a statement certifying that the business does not and will not knowingly employ an undocumented worker. The Applicant/Company certifies that its
operation within the City of Schertz does not and will not knowingly employ an undocumented worker, as defined in Chapter 2264, Subchapter A, Texas Government Code, as amended (the “Act”);
Pursuant to the Act, if the Applicant/Company is convicted of a violation under 8 U.S.C. Section 1324a(f), after receiving any public subsidy, the Applicant/Company shall promptly give
the SEDC written notice of such violation and the Applicant/Company shall repay the amount of the payment with interest, at a rate of 6.75 % per annum not later than the 120th day after
the date the Applicant/Company notifies the SEDC of the violation. In reference to the Schertz EDC Economic Development Incentives application for the Applicant/Company, my relationship
to the Applicant in the foregoing application is ______________________________. I am authorized to make this application on behalf of the Applicant. I hereby certify that the information
set forth in and enclosed with this application is true and correct.
Economic
Development Incentives Policy & Application for Economic Development Incentives Page 10 of 12 _________________________________ Company Name _________________________________ Signature
_________________________________ Type or Print Name _________________________________ Title _________________________________ Date Before me ______________________ on this day personally
appeared ______________________ known to me (or proved to me on the oath of ______________________ or through __________________________ (description of identity card or other document)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under
my hand and seal of office this _____ day of ________________, A.D. ________. (SEAL) __________________________________ Notary Public in and for the State of Texas My Commission Expires:
______________ Type or Print Notary’s Name: _________________________________
Economic Development Incentives Policy & Application for Economic Development Incentives Page 11 of 12 CONFIDENTIALITY AGREEMENT THIS CONFIDENTIALITY AGREEMENT (this “Agreement”) dated
_____________ is between the City of Schertz, Texas (the “City”) and _____________________ (the “Company”). WHEREAS, the City and the Company have discussed certain economic development
matters relating to proposed operations of the Company in the City (the “Project”); and WHEREAS, the City and the Company have agreed that maintaining the confidentiality of certain
matters relating to the Project would be advantageous. 1. Confidentiality. (a) Subject to sub-paragraphs (c) and (d) below, each party and its employees, representatives, attorneys,
and other consultants (collectively, the “representatives”) shall keep strictly confidential all information which the other party, its affiliates, or its representatives furnish to
it in connection with the evaluation of the Project, whether furnished before or after the date of this Agreement, whether furnished orally or in writing or gathered by inspection, and
regardless of whether specifically identified as “confidential”, and all notes, analyses, compilations, studies, or other documents which contain or otherwise reflect such information
(collectively, the “Confidential Information”); however, each party may disclose the Confidential Information to its representatives who (i) need to know such information for the purpose
of evaluating the Project, (ii) have been informed of the confidential nature of the Confidential Information, and (iii) have agreed in writing to treat the Confidential Information
confidentially, to use it only for the purpose described in sub-paragraph (b) below. The term “Confidential Information” shall not include information about a party which (i) becomes
generally available to the public other than as a result of an improper disclosure by the other party, its affiliates, or its representatives, (ii) was available to the other party on
a non-confidential basis prior to its disclosure hereunder, or (iii) was or becomes available to the other party on a non-confidential basis from a source other than a party to which
it relates, provided that such source is not bound by a confidentiality agreement in which such party or its representatives and is otherwise not prohibited from transmitting the information
to the recipient. (b) Each party and its representatives shall use the Confidential Information solely for the purpose of evaluating the Project and for no other purpose and shall not
use the Confidential Information in any manner that is to the competitive disadvantage of or otherwise adverse or detrimental to the party furnishing such Confidential Information. (c)
Except as more specifically set forth in sub-paragraph (d) below, if either party or its representatives are requested or required (by oral questions, written interrogatories, requests
for information, or documents, subpoena, civil investigatory demand, or similar process) to disclose any of the Confidential Information, it shall provide the other party with immediate
notice of such request or requirement so that the other party may seek an appropriate protective order or selectively waive compliance with the provisions of this Agreement. Further,
if, in the absence of a protective order or the receipt of a waiver hereunder, either party or any of its representatives is nonetheless, in the opinion of its legal counsel, compelled
to disclose any of the Confidential Information to any tribunal or agency, or else stand liable in contempt or suffer other censure or penalty, that party or representative may disclose
such information to such tribunal or agency without liability hereunder unless such disclosure to such tribunal or agency was caused by or resulted from a previous disclosure by it or
any of its representatives in breach of this Agreement. (d) Upon the receipt of a written request for any information or materials related to the Company or the Project, the City will
notify the Company within 72 hours and provide the Company with a copy of the request. As a matter of policy, the City does not provide public records to any person except in response
to written request. If the City is not otherwise seeking an Open Records Opinion by the Texas Attorney General in response to the request but reasonably believes that seeking such an
Opinion is permissible under the Texas Public Information Act, the City will also provide the Company with an estimate of the anticipated costs associated with making a request for an
Open Records Opinion by the Texas Attorney General. If the Company pays the City the quoted
Economic Development Incentives Policy & Application for Economic Development Incentives Page 12 of 12 sum within 48 hours of receiving the estimate, the City will seek a Texas Attorney
General Opinion protecting the materials from disclosure on the basis that the information requested is excepted from disclosure pursuant to applicable Texas statute, rule, and or common
law. During the pendency of such Opinion request, the City will not disclose the information as to which the Opinion is sought except pursuant to subparagraph (c). If the City Attorney
concludes that there is no legal basis to pursue such an Open Records Opinion as of the date of the request and that the City must disclose the requested information, the City shall
notify the Company of the request and will include a statement that the City Attorney has concluded that there is no legal basis to pursue a request for an Open Records Opinion and that
the City must disclose the requested information and the grounds supporting such conclusion. 2. Governing Law. This Agreement shall be governed by, and construed in accordance with,
the laws of the State of Texas. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, and, if any
provision hereof is found to be invalid or ineffective, such provision shall be invalid or ineffective only to the extent necessary, without invalidating the remainder of such provision
or the remaining provisions of this Agreement. 3. Term. This Agreement shall continue in force and effect until terminated by either party upon thirty (30) days prior written notice
to the other party to such effect. 4. Counterparts. This Agreement may be executed in counterparts, and both counterparts, together, shall be considered to be one document. CITY OF SCHERTZ,
TEXAS _______________________________ By __________________________ By: __________________________ City Manager Title: __________________________
NEW BUSINESS APPLICATION SCORING Category Maximum Points Maximum in Category Points Criteria to achieve maximum points JOBS (40%) 400 100 One half (50%) of FTEs with compensation 5-10%
above regional average 150 75% of FTEs 11-20% above regional average Average Salary 200 200 75% of FTEs 21+% above regional average Create jobs (within 24 months of start) 25 2-20 50
21-40 75 41-70 Number of jobs 100 100 71+ Provide FTEs medical, life & retirement 25 Employer pays 50% 75 Employer pays 75% Benefits 100 100 Full Coverage; no cost to employee Total
Points _________ out of 400 INVESTMENT (30%) 300 Invest Dollars per FTE created/retained Bldg/Equip/Inv 125 Points awarded based on 000s of dollars invested per FTE, up to 125 0 $0-$999
10 $1,000 -$4,000 generated annually 25 $4,001-$9,999 50 $10,000-$24,999 75 $25,000-$49,999 100 $50,000-$74,999 125 $75,000-$99,999 Sales Tax 150 150 $100,000+ Be located in one of the
following areas of the City: Downtown/FM 78 Location 25 25 Town Center Total Points _______ out of 300
NEW BUSINESS APPLICATION SCORING Category Maximum Points Maximum in Category Points Criteria to achieve maximum points SECTOR (20%) 200 Citizen-oriented Total Points __________ out
of 1000 100 • 62 (healthcare) • 71 (arts, entertainment & recreation) • 7221 (full-service restaurants) • 485 (Transit & ground passenger transportation) Target Industry Majority of
company’s products or services is classified under the following NAICS codes: • 331-339 • 42 • 51 • 523-525 200 • 5413,5415,5416,5417, 5419 • 551 Total Points out of 200 INFRASTRUCTURE
(10%) If a project requires significant improvements to the public infrastructure, and it is determined the improvements will benefit the public beyond the boundaries of the development,
consideration will be given to these types of infrastructure improvements: • Drainage 100 • Water • Sewer • Roads (public) • Electrical 50 $100,000-$299,999 75 $300,000-$499,999 100
$500,000 + Total Points out of 100 LEED CERTIFICATION 50 additional points
EXISTING BUSINESS APPLICATION SCORING Category Maximum Points Maximum in Category Points Criteria to achieve maximum points JOBS (40%) 400 100 All FTEs with compensation 90% of, or equal
to, regional average 150 50% of FTEs paid 1-15% above regional average Average Salary 200 200 75%+ of FTEs paid 16% above regional average Create new jobs (within 24 months of project
completion) 25 1-5 50 6-15 75 16-25 Number of jobs 100 100 25+ Provide FTEs medical, life & retirement 25 Employer pays 50% 75 Employer pays 75% Benefits 100 100 Full Coverage; no cost
to employee Total Points _________ out of 400 INVESTMENT (30%) 300 Invest Dollars per FTE created/retained Building & Business Personal Property Values (inventory, fixtures, M&E) 125
Points awarded based on 000s of dollars invested per FTE, up to 125 points 10 $0-$500 generated annually 25 $501-$1,000 50 $1,001-$5,000 75 $5,001-$10,000 100 $10,001-$25,000 125 $25,001-$50,000
150 $50,001+ Sales Tax 150 25 Be located in one of the following areas of the City: Downtown/FM 78 Location 25 Town Center
EXISTING BUSINESS APPLICATION SCORING Maximum in Category Points Maximum Points Category Criteria to achieve maximum points SECTOR (20%) 200 Citizen-oriented Total Points for Application
__________ out of 1000 100 • 62 (healthcare) • 71 (arts, entertainment & recreation) CERTAIN CATEGORIES ELIGIBLE FOR 4B • 7221 (full-service restaurants) • 485 (Transit & ground passenger
transportation) Target Industry Majority of company’s products or services is classified under the following NAICS codes: • 331-339 • 51 200 • 523-525 • 5413,5415,5416,5417,5 419 • 551
Total Points out of 200 INFRASTRUCTURE (10%) 100 If a project requires significant improvements to the public infrastructure, and it is determined the improvements will benefit the public
beyond the boundaries of the development, consideration will be given to these types of infrastructure improvements: • Drainage • Water • Sewer • Roads (public) • Electrical 50 Value
of improvements $10,000-$29,999 75 $30,000-$49,999 100 $50,000 + Total Points out of 100 LEED CERTIFICATION 50 additional points
Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: January 20, 2009 Department: Economic Development Subject: Resolution No. 09-R-02 -Approval of an Infrastructure Development
Agreement between Eye Care Centers of America, Inc. and the City of Schertz Economic Development Corporation in the amount of $60,000 BACKGROUND Eye Care Centers of America (ECCA) operates
or manages over 400 optical retail stores in 37 states and the District of Columbia through 11 store names that are leaders in eye care service in each of their respective markets. They
are the operators of stores such as EyeMasters and Visionworks. The company has operated a 40,000 sq. ft. production lab and distribution center in the City of Schertz since 1998. In
July 2008, ECCA approached the City of Schertz about the possibility of expanding its operation into a 108,000 square foot facility in the City of Schertz. The expansion would require
ECCA to invest an additional $11,500,000 million in fullyautomated machinery and equipment and expand its employment of full-time associates to nearly 360 people. When completed, the
new facility will be a state of the art, fully-automated facility capable of producing over 1.5 million pairs of eyewear per year. It will be equipped with a state of the art “clean
room” that will allow ECCA to produce quality non-glare coatings. The lab will be populated with robotic equipment and a total capital investment over $11 million. Starting in 2009,
the company will install $8.330 million worth of fixed machinery and equipment. In 2010, it will make an additional $3.2 million installation of machinery. This particular building has
been 80% unoccupied since it was built 2 years ago. It is technically in Comal (80%) and Guadalupe (20%) counties and has a 53.3% abatement on the Guadalupe County portion (in effect,
a 10% abatement on the property because only Guadalupe County honors the tax abatement). The EDC Board of Directors voted to pay a portion ($60,000) of the infrastructure costs at the
site and recommended a Chapter 380 agreement between the City of Schertz and ECCA to abate 50% of the business personal property tax for five years. Once an agreement was struck in principle,
ECCA began its move and expansion into the new building at 6601 Guada Coma Drive. EXPANSION ECCA previously occupied 40,000 feet at 5925 Tri County Pkwy. Of these 40,000 feet, 18,000
was a distribution center (DC) and 22,000 square feet were reserved for a specials lab (SL).
Board Memorandum Page 2 ECCA employs 321 employees in the City currently, with a total gross annual payroll of approximately $7 million. Sixty-nine percent of these employees live within
10 miles of Schertz. ECCA has begun to occupy 108,750 square feet (45,000 DC & 63,750 SL) out of Building B at Verde Tri County 35 Business Park Phase II. This expansion represents a
172% expansion of distribution and lab space. With this expansion, they plan to increase the workforce by 10% on a yearly basis as production increases. This will likely bring an additional
$600,000 in wages by 2012 into the City of Schertz. ECCA will also be making a significant capital investment in the new building. Between 2008 and 2010, the company will install $11,500,000
worth of fixed machinery improvements and make up to $5 million in tenant improvements. DEVELOPMENT AGREEMENT ECCA has completed the move of its distribution operation, but a substantial
amount of tenant upgrades and finish out is required to move its production operation into the new building. The $60,000 will be delivered to ECCA to assist with a portion of the estimated
$5 million tenant upgrades to the building. This agreement is the first of two that were negotiated and agreed upon between the EDC and ECCA. The other agreement is still being finalized
but will include a Chapter 380 agreement to abate 50% of the business personal property taxes on the new equipment. ANALYSIS & DISCUSSION: The ECCA lab and distribution facility is a
high tech manufacturing operation and retaining ECCA’s operation in the City of Schertz fits the EDC’s strategic goal of retaining and expanding existing manufacturers. This is a rather
large firm, but ED does not currently follow a retention policy limited to a particular size of manufacturer. The company had been controlled by venture capitalists until recently, which
limited the company’s ability to invest heavily into long-term assets that would help modernize the production process. The company currently employs 321 people with a total gross payroll
of $7 million. This provides an average salary of about $21,806 per year. Most of the positions are currently not as highly skilled as desired. With fullautomation, however, the average
salary will rise because of the more advanced skills and training necessary to operate these machines. Much of the equipment is fully automated and is a significant leap forward in terms
of ECCA’s previous operation in the City of Schertz. ECCA will maintain at least 300 full-time associates with a minimum payroll of $7,500,000 for the term of the 380 agreement (5 years).
Given the amount of time ECCA has been in the community, its past financial performance, as well as strategic growth plans, this is a low risk investment for the City of Schertz. The
company has paid approximately $450,000 in business personal property taxes to the City of Schertz in the last ten years and this expansion guarantees at least another $300,000 in business
personal property taxes through the term of its lease.
Board Memorandum Page 3 The following Economic Impact Analysis shows the estimated impact of the ECCA operation: This output worksheet provides estimates of the direct, indirect, induced,
and total effects of the development on employment, income, and tax receipts. The estimates are based on the data entered in the Data Entry sheet. No data are to be entered on this sheet.
Estimated Effects of Project on Employment, Investment, and Spending Estimated Effects of Project on Tax Receipts Indirect & Indirect & Direct induced Total Direct induced Total Employment
350 18 368 Property tax receipts Project Investment Total payroll $7,805,000 $390,250 $8,195,250 Real $6,135 $61 $6,196 Personal $0 $0 $0 Investment Residential $15,210 na $15,210 Real
$1,500,000 $15,000 $1,515,000 Distribution of property tax receipts Personal $11,000,000 $110,000 $11,110,000 to schools $0 $0 $0 Residential $3,718,750 na $3,718,750 Elsewhere $21,345
$61 $21,406 Sales tax receipts Spending subject to sales or franchise tax to county from Sales tax in county from project $392,500 Project spending $0 $0 $0 Franchise tax from project
$785,000 Consumer spending $0 $0 $0 Consumers, total: $2,341,500 to specific city/town from in county $1,835,736 $91,787 $1,927,523 Business spending $7,850 $393 $8,243 in city/town
$0 $0 $0 Consumer spending $0 $0 $0 to all other cities/towns in county from Business spending $0 $0 $0 Consumer spending $36,715 $1,836 $38,550 Other ongoing tax receipts 0 in specific
city/town na na na 0 elsewhere in county na na na Estimated Total Tax Receipts Estimated Tax Receipts per Direct New Job Indirect & Indirect & Direct Induced Total Direct Induced Total
Total Tax Receipts $89,459 $2,290 $91,749 Tax Receipts per Direct Job $255.60 $6.54 $262.14 Sales tax receipts in city $7,850 $393 $8,243 Sales tax receipts in city $22.43 $1.12 $23.55
Franchise fees in city from project $23,550 $0 $23,550 Franchise fees in city from project $67.29 $0.00 $67.29 Sales taxes in other cities $36,715 $1,836 $38,550 Sales taxes in other
cities $104.90 $5.24 $110.14 Sales taxes for county $0 $0 $0 Sales taxes for county $0.00 $0.00 $0.00 Property tax receipts in county $21,345 $61 $21,406 Property tax receipts in county
$60.98 $0.18 $61.16 Other ongoing taxes in county $0 $0 $0 Other ongoing taxes in county $0.00 $0.00 $0.00 Summary Interpretation of Data Additional Payroll. The350 new jobs associated
with the proposed project are projected to directly result in $7.805 million in additional payroll. Assuming a local economic impact multiplier of 1.05, each dollar of direct payroll
will generate an additional 5 cents of indirect and induced wage income locally, for a total addition to payroll of $8.195 million. Property Tax Receipts. Assuming that the $12.5 million
investment in plant and equipment associated with the project ultimately finds its way onto the property tax rolls, property taxes associated directly with the project could total $21,344
annually. And assuming a local economic impact multiplier of 1.05, and a constant capital to output output ratio, the $12.5 million capital investment could also result in an additional
$0.125 million in indirect and induced investment subject to property taxes. If the 350 new jobs generate demand for30 new housing units with an average value of $125,000, the proposed
project could expand the residential property tax rolls by as much as $3.719 million. Such as impact would be associated with approximately $15,209 in new property tax receipts annually.
Sales Tax Receipts. Assuming that the volume of consumer purchases subject to sales tax averages 30% of personal income, the additional payroll would add $38,550 annually to sales tax
collections in the county. Miscellaneous project purchases not exempt from sales taxes estimated at $0.393 million, might, given the corresponding multiplier expenditures, add $8,242
annually to sales tax collections in the county. Total Tax Receipts. The project as outlined could be expected to generate total direct and indirect tax revenue in the county equal to
$91,748. Of this amount, $21,406 would come in the form of higher property tax receipts in the county. An additional $8,242 of city sales taxes would be generated in ECCA and $38,550
sales tax revenue would be generated in other cities and towns in the county. Total tax revenue generated in the area is estimated at $262 per new direct job. FISCAL IMPACT: $60,000
to be paid by the City of Schertz Economic Development Corporation. RECOMMENDATION: Approval of Resolution 09-R-02 approving an Infrastructure Development Agreement between the EDC and
ECCA. ATTACHMENT: Resolution 09-R-02, with the Development Agreement
RESOLUTION NO. 09-R-02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INFRASTRUCTURE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT
CORPORATION AND EYE CARE CENTERS OF AMERICA, INC. AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the “City Council”) of the City of Schertz (the “City”) has determined
that it is in the best interest of the City to approve an Infrastructure Development Agreement between the City of Schertz Economic Development Corporation and Eye Care Centers of America,
Inc., relating to economic development incentives for a new commercial development in the City; now, therefore, 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 approve and deliver an Infrastructure Development Agreement with the parties described therein in substantially the
form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all
purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with any provision
of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section
4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution
or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances
shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined,
and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered
at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from
and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 20th day of January, 2009. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL)
EXHIBIT A INFRASTRUCTURE DEVELOPMENT AGREEMENT See attached A-1
Development Agreement Page 1 of 4 January 20, 2009 INFRASTRUCTURE DEVELOPMENT AGREEMENT This INFRASTRUCTURE DEVELOPMENT AGREEMENT (hereinafter the "Agreement") is made as of the last
date set forth below by and between CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION (the "EDC"), a Texas non-profit corporation, and EYE CARE CENTERS OF AMERICA, INC. ("ECCA"), a Texas
corporation as follows: WHEREAS, ECCA operates an eye care service production and distribution facility and will be expanding its operation into an approximately 108,750 square foot
facility in the City of Schertz, Texas; and WHEREAS, ECCA's expansion project will increase the tax base of the applicable taxing entities and enhance job opportunities for the area
citizens; and WHEREAS, the EDC is a tax supported non-profit corporation under Art. 5190.6, Texas Revised Civil Statutes, Sec. 4B, whose primary revenue is from sales tax collected within
the City of Schertz, and is committed to assist in the retention of existing jobs, the creation of new jobs and the increase in capital investment in the private sector within the City
of Schertz, Texas, and its surrounding trade areas; and WHEREAS, the EDC and ECCA acknowledge that the expansion of operations in the City of Schertz required a substantial capital investment
by ECCA and will benefit the entire City of Schertz and its citizens by allowing for further expansion of the tax base and job opportunities in the City of Schertz and associated taxing
entities; and WHEREAS, the EDC desires to assist with the expansion of the tax base and creation of job opportunities of the City of Schertz by, among other things, providing economic
development incentives to ECCA in consideration of ECCA’s expansion of the tax base and the creation of such job opportunities in the City of Schertz; and WHEREAS, the EDC, in its negotiations
with ECCA, offered to pay a portion of certain infrastructure development costs required for expansion at its production and distribution facility; NOW, THEREFORE, for good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by the EDC and ECCA as follows: 1. (a) ECCA will make a capital investment of at least TEN MILLION
DOLLARS ($10,000,000) at its manufacturing facility in the City of Schertz; and (b) ECCA will staff and maintain at its manufacturing facility in the City of Schertz, for five (5) years,
at least three hundred (300) full-time associates with a minimum annual gross payroll of SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($7,500,000). 2. (a) In consideration of ECCA entering
into this Agreement and taking the actions set forth in Paragraph 1 above, the EDC agrees to contribute economic development incentives to ECCA in the sum of SIXTY THOUSAND DOLLARS (the
“Economic Development Incentives”) upon the complete execution of this Agreement. 3. ECCA specifically agrees that the EDC shall only be liable to ECCA for the actual amount set forth
in Paragraph 2 and shall not be liable to ECCA for any other or consequential damages, direct or indirect, attorney's fees, court costs, or any other amount for any act of default by
the EDC under
Development Agreement Page 2 of 4 January 20, 2009 the terms of this Agreement. It is further specifically agreed that the EDC shall only be required to make the payment set forth in
Paragraph 2 solely out of its sales tax revenue. 4. ECCA represents and warrants as follows: (a) all documentation (invoices, certifications, subdivision drawings, etc.) either previously
provided to the EDC or subsequently provided to the EDC pursuant to the terms of this Agreement are or will be true and correct representations of the matters set forth therein, and;
(b) no officer, director or employee of the EDC or the City of Schertz has been or will be compensated in any manner with respect to directly or indirectly in respect to the negotiation
and execution of this Agreement and the payment to ECCA of
the Economic Development Incentives as provided herein. 5. (a) ECCA certifies that its operation within the City of Schertz does not and will not knowingly employ an undocumented worker,
as defined in Chapter 2264, Subchapter A, Texas Government Code, as amended (the “Act”); (b) Pursuant to the Act, if ECCA is convicted of a violation under 8 U.S.C. Section 1324a(f),
after receiving the payment described in Paragraph 2, ECCA shall promptly give the EDC written notice of such violation and ECCA shall repay the Economic Development Incentives with
interest, at a rate of 75.25% per annum not later than the 120th day after the date ECCA notifies the EDC of the violation; 6. No term or provision of this Agreement or act of the EDC
in the performance of this Agreement shall be construed as making the EDC or its officers, directors, agents or employees, the agent, servant, employee or contractor of ECCA or shall
create a partnership between the EDC and ECCA. 7. ECCA shall not make any use of the EDC's name for publicity in connection with ECCA business or activities without the prior written
consent of the EDC. The EDC may make known its contributions to ECCA in whatever public manner it deems appropriate in its sole discretion. 8. All representations, warranties, or covenants
of the parties, as well as any rights and benefits of the parties, shall survive the execution hereof, and not be merged therein. 9. The EDC agrees to maintain all records and information
provided by ECCA confidential unless disclosure of such records and information shall be required by a court order, a lawfully issued subpoena, or to the provisions of the Texas Public
Information Act [Chapter 552 of the Texas Government Code] as amended. 10. In case any one or more of the provisions, clauses, phrases or words contained in this Agreement shall, for
any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions hereof, and this Agreement
shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Each party acknowledges that both parties have had the opportunity to be represented
by counsel, that the terms of this Agreement were negotiated between the parties and that this Agreement will be construed as having been drafted equally by both parties.
Development Agreement Page 3 of 4 January 20, 2009 11. This Agreement may NOT be assigned by ECCA without the prior written consent of the EDC. 12. This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Guadalupe County, Texas. 13. This Agreement shall
be binding upon and inure to the benefit of the parties hereto, and their respective successors and assigns. 14. In the event of a dispute between the EDC and ECCA over issues related
to this Agreement, the parties agree to submit such disputes to mediation by a mutually agreeable mediator prior to the institution of any suit to resolve the dispute or to enforce the
terms of this Agreement. 15. Any signatory to this Agreement who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement
or transaction, shall be additionally entitled to recover court costs and reasonable attorney's fees from the non-prevailing party, except as specifically otherwise provided herein.
16. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting
the within subject matter. 17. The obligations of the EDC under this Agreement are subject to the approval thereof by the City Council of the City of Schertz in accordance with the requirements
of Article 5190.6, Texas Revised Civil Statutes, and the Articles of Incorporation and Bylaws of the EDC. If the EDC is unable to obtain such approval, this Agreement shall not become
effective.
Development Agreement Page 4 of 4 January 20, 2009 EXECUTED the day of , 2009. CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION By: STEVEN WHITE, PRESIDENT 1400 Schertz Parkway Schertz,
TX 78154 Telephone: (210) 619-1070 Facsimile: (210) 619-1079 EXECUTED the day of , 2009. EYE CARE CENTERS OF AMERICA, INC. By: ________________________________________ Title: ________________________
______________ 11103 West Avenue San Antonio, TX 78213 Telephone: (210) 340-3531 Facsimile: (210) APPROVAL BY CITY OF SCHERTZ The obligations of the EDC as set forth above were approved
by the City Council of the City of Schertz in accordance with the requirements of law. EXECUTED the day of , 2009. CITY OF SCHERTZ By: Don Taylor, City Manager
Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: January 20, 2009 Department: Marshal’s Office Subject: Ordinance No. 09-H-03 – Consideration and/or action regarding approval
of first reading of the Revised Nuisance Ordinance. First Reading. BACKGROUND The existing Nuisance Ordinance needed revisions to meet with current State requirements, clarify the language
in the current City ordinance and to transition duties to the Marshal’s Office. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve Ordinance No. 09-H-03 first reading.
ATTACHMENT Ordinance No. 09-H-03
ORDINANCE NO. 09-H-03 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, CHAPTER 54, NUISANCES, BE AMENDED
BY DELETING CHAPTER 54, NUISANCES AND REPLACING SAME WITH A REVISED CHAPTER 54, NUISANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE;
AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. AMENDMENT. Chapter 54, Nuisances, shall be amended to read as follows: “CHAPTER
54, NUISANCES TABLE OF CONTENTS ARTICLE I. IN GENERAL Section 54-1. Scope Section 54-2. Duties and Powers of the Code Official Section 54-3. Severability Section 54-4. Requirements not
Covered by this Chapter Section 54-5. Abatement of Violation Section 54-6. General Notices and Orders Section 54-7. Reserved Section 54-8. Removal or Correction by the City Section 54-9.
Restrictions Imposed on Property until Lien is Cleared Section 54-10. Statement of Expenses: Lien for and Interest on Expenses; Suit to Collect Expenses Section 54-11. Transfer of Ownership
Section 54-12. Violations ARTICLE II. DEFINITIONS Section 54-13. Definitions ARTICLE III. NOISE Section 54-14. Certain Acts Declared to be Noise Nuisances Nusiance Ordinance.doc -1-
ARTICLE IV. ABANDONED HOUSEHOLD APPLIANCES Section 54-15. Abandoned Large Household Appliances Section 54-16. Responsibility of Owner or Person in Control ARTICLE V. PROPERTY MAINTENANCE
REQUIREMENTS Section 54-17. International Building Code Adopted Section 54-18. Unsafe Structures and Equipment Section 54-19. Emergency Measures Section 54-20. Demolition Section 54-21.
General Responsibilities Section 54-22. Exterior Property Areas; Nuisance Upon Premises Section 54-23. Swimming Pools, Spas and Hot tubs Section 54-24. Parking Prohibited on Front and
Side Yards Section 54-25. Exterior Structure Section 54-26. Interior Structure Section 54-27. Handrails and Guardrails Section 54-28. Rubbish and Garbage Section 54-29. Texas Litter
Abatement Act Adopted Section 54-30. Extermination Section 54-31. Light, Ventilation and Occupancy Limitations Section 54-32. Plumbing Facilities and Fixture Requirements Section 54-33.
Mechanical and Electrical Requirements ARTICLE VI. JUNK VEHICLES Section 54-34. Declaration of Junk Vehicle as Public Nuisance Section 54-35. Junk Vehicle Notice Section 54-36. Exemptions
Section 54-37 Abatement of Junk Vehicles Declared a Public Nuisance Section 54-38. Disposal of Junk Vehicle Section 54-39. Right to an Appeal Section 54-40. Conflict of Law ARTICLE I.
IN GENERAL. Section 54-1. Scope. The provisions of this Chapter shall apply to all residential and nonresidential structures and all premises, structures, equipment and facilities for
light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for Nusiance Ordinance.doc -2-
safe and sanitary maintenance, whether now existing or existing in the future; the responsibility of owners, operators and occupants; the occupancy of structures and premises, and for
administration, enforcement and penalties within the jurisdiction of the City and property within 5,000 feet outside the limits of the City, whether or not within the extraterritorial
jurisdiction of the City. Section 54-2. Duties and Powers of the Code Official. a) Generally – The City Health Official, hereinafter referred to in this Chapter as the Code Official,
is hereby authorized and directed to enforce the provisions of this Chapter and other related ordinances and regulations of the City. The Code Official shall have the authority to render
interpretations of this Chapter and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in
compliance with the intent and purpose of this Chapter and shall not have the effect of waiving requirements specifically provided for in this Chapter. The Code Official is a member
of the City Marshal’s Department, which shall have overall enforcement authority as to this Chapter. b) Appeals – The City Manager or his/her designated representative shall hear and
decide on all appeals or orders, decisions, or determinations made by the Code Official relative to the application and interpretation of this Chapter. c) Reports – The Code Official
shall give attention to the health and sanitary conditions of the City and report to the City Council once each month, making recommendations as necessary conducive to the cleanliness
of the City and the general health of the citizens. d) Right of Entry – It shall be unlawful for any person to interfere, hinder, or delay the Code Official or other City deputies, inspectors,
or officers in the discharge of any duties under this Chapter or to refuse to comply with the orders of the Code Official. The Code Official shall issue all necessary notices or orders
to ensure compliance with this Chapter. e) Inspections – The Code Official shall respond to all complaints and make all inspections necessary to ensure compliance with all state and
local requirements governing general property maintenance. f) Department Records – Official records shall be kept of all complaints, reports, citations, notices and orders issued. Such
records shall be retained in the official records of the City pursuant to the City’s document retention policy. g) No Liability – The Code Official or employees charged with the enforcement
of this Chapter while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this Chapter or other pertinent laws or ordinances, shall
not thereby be rendered liable personally and are hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or omission in the discharge
of official duties. Any suit instituted Nusiance Ordinance.doc -3-
against an officer or employee because of an act performed by the officer or employee in the lawful discharge of duties and under the provisions of this Chapter shall be defended by
legal representative of the City until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for cost in any action, suit or proceeding that
is instituted in pursuance of the provisions of this Chapter. Section 54-3. Severability. If a section, subsection, sentence, clause or phrase of this Chapter is, for any reason, held
to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter. Section 54-4. Requirements not Covered by this Chapter. Requirements necessary
for the strength, stability or proper operation of an existing fixture, structure, or equipment, or for the public safety, health and general welfare, not specifically covered by this
Chapter, shall be determined by the Code Official or by other applicable departments of the City. Section 54-5. Abatement of Violation. The imposition of the penalties herein prescribed
shall not preclude the Code Official from instituting appropriate action to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure or premises,
or to stop an illegal act, conduct business, or utilization of the building, structure or premises. Section 54-6. General Notices and Orders. a) Notice to Person Responsible – Whenever
the Code Official determines that there has been a violation of this Chapter or has grounds to believe that a violation has occurred, notice shall be given in a manner prescribed below
to the person responsible for the violation. b) Form – Notices shall be in accordance with all the following: 1) Be in writing; 2) Include a description of the real estate sufficient
for identification; 3) Include a statement of the violation or violations and why the notice is being issued; 4) Include a correction order allowing seven (7) days after the date of
the notice to make the repairs and improvements required to bring the property or structure into compliance; 5) Inform the property owner of the right to appeal; Nusiance Ordinance.doc
-4-
6) Include a statement regarding the City’s right to file a lien. c) Method of Service – Such notice shall be deemed to be properly served if a copy thereof is: 1) Delivered personally;
2) Sent by certified or first-class mail addressed to the last known address of the property owner; or 3) By posting the notice on a placard attached to a stake driven into the ground
on the property to which the violation relates. d) Final Notice -In the notice, the City may inform the owner by certified mail, return receipt requested, that if the owner commits another
violation of the same kind or nature on or before the first anniversary of the date of the notice, the City, without further notice, may issue a citation, correct the violation at the
owner’s expense, and assess the expense against the property. If the violation covered by a notice under this Chapter occurs within the one-year period following issuance of the notice,
and the City has not been informed in writing by the owner of an ownership change, then the City without notice may take any action permitted by Sec. 54-8 and assess its expense as provided
in Sec. 54-9 and 54-10 or Sec. 54-12. e) Refused or Unclaimed – If the Code Official mails a notice to a person responsible for a violation and the United States Postal Service returns
the notice as “refused” or “unclaimed”, the validity of the notice is not affected, and the notice is considered as delivered. Section 54-7. Reserved. Section 54-8. Removal or Correction
by the City. In the event the owner, tenant, lessee, agent or occupant of any lot, parcel or premises fails to remove or remedy any condition described in this Chapter within seven (7)
days after notice has been given, the City may do whatever is deemed necessary to remove or remedy the condition, or cause the same to be done, and charge the expense incurred thereby
to the owner, tenant, agent, lessee or occupant of the lot, parcel or premises, and such expense shall be assessed as a lien against the real estate upon which the work is done. A statement
of expense incurred will be certified by the City Secretary and sent to the violator of this Chapter. That person will be given a period of fifteen (15) days for total reimbursement
to the City. Upon the expiration of this 15-day period, the amount of such unpaid expenses shall bear ten percent (10%) per annum interest from the date certified by the City Secretary.
Section 54-9. Restrictions Imposed on Property until Lien is Cleared. In the event no collection can be made by the City of expenses incurred in removing or remedying any of the conditions
and before and after a lien is filed against such property, the Nusiance Ordinance.doc -5-
City shall have the right to impose the following restrictions on such property until such lien is cleared: a) No building permit of any type will be issued by the City with respect
to the property involved, including building improvement, remodeling or modification permits. b) A fee of $200.00 will be levied against the violator as an administrative fee to cover
the costs of filing a lien against the property. Section 54-10. Statement of Expenses: Lien for and Interest on Expenses; Suit to Collect Expenses. The City Manager or his/her designated
representative shall file a statement of expenses incurred under section 54-8 stating the amount of such expenses and the date of which costs of filing the lien with the municipal court
clerk and the County Clerk of the county in which the lot or real estate is located, and the City shall have a privileged lien on such lot or real estate upon which the work is done
or improvement made to secure the expenditures and interest, suit may be instituted for recovery, and and forfeiture of such lien may be had in the name of the City; and the statement
of expenses so made, or certified copy thereof; shall be prima facie proof of the amount expended for such work or improvements. Section 54-11. Transfer of Ownership. It shall be unlawful
for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease, or otherwise
dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish
the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation used by the Code Official and shall furnish to the Code Official a signed and
notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility
without condition for making the corrections or repairs required by such compliance order or notice of violation. Section 54-12. Violations. a) Unlawful Acts – It shall be unlawful for
a person, firm or corporation to be in conflict with or in violation of any of the provisions of this Chapter. b) Penalties – Any violation by any person, firm or corporation of this
Chapter is declared to be unlawful and a misdemeanor and any violation thereof shall be punished by a fine of not less than $40.00 or more than $2,000.00. Any person in violation of
this Chapter and having paid a fine assessed for such violation shall not be relieved of the expense incurred by the City in removing or remedying the condition prescribed in this Chapter.
Each day that a violation continues after due notice has been served shall be deemed a separate offense. Nusiance Ordinance.doc -6-
ARTICLE II. DEFINITIONS. Section 54-13. Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except
where the context clearly indicated a different meaning: Antique Vehicle – is a passenger car or truck that is at least twenty-five (25) years old. Code Official – the City Health Official
who is charged with the administration and enforcement of this Chapter, or any duly authorized representative of such person. General nuisance – means any condition or use of a building,
structure, lot, parcel, or premises which is in an unsanitary, objectionable, or unsightly condition or injurious to public health, which is detrimental to the property of others, or
which causes, or tends to cause diminution in the value of other property in the neighborhood in which such premises is located. Junk Vehicle – is a vehicle that is self-propelled and;
a) Does not have lawfully attached to it an unexpired license plate and a valid motor vehicle vehicle inspection certificate; and b) Is wrecked, dismantled or partially dismantled, or
discarded; or c) Is inoperable and has remained inoperable for more than seventy-two (72) consecutive hours if the vehicle is on public property or thirty (30) consecutive days if the
vehicle is on private property. Lot or parcel – is defined and considered as having ordinary meaning but shall include, in addition to the land within a lot or parcel boundary, all land
adjacent to and extending beyond the property line to the curb line of adjacent streets and, where no curb exists, to the existing street surface. The word “lot” or “parcel” shall also
include all land lying between the property line of any lot or parcel and the center of adjacent easements. Motor vehicle – means a vehicle that is subject to registration under Chapter
501 of the Texas Transportation Code, as amended from time to time. Motor vehicle collector – means a person who: a) Owns one or more Antique Vehicle or Special Interest Vehicle; and
b) Acquires, collects, or disposes of an Antique Vehicle or Special Interest Vehicle for personal use to restore and preserve an Antique Vehicle or Special Interest Vehicle for historic
interest. Nusiance Ordinance.doc -7-
Noise nuisance – means any unreasonably loud, disturbing noise which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof
and is hereby declared to be a nuisance. Owner – any person, agent, operator, firm or corporation having a legal or equitable interest in the property in question; or recorded in the
official records of the state, county or municipality as holding title to such property; or otherwise having control of such property, including the guardian of the estate of any such
person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Person – as used in this Chapter shall be construed
to impart the singular and plural as the case demands, and shall include corporations, companies, societies and associations. Special Interest Vehicle – is a motor vehicle of any age
which has not been altered or modified from the original manufacturer’s specifications and, because of its historic interest, is being preserved by a hobbyist. Structure – means that
which is built or constructed on any property within the City. Tenant – a person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or
portion thereof as a unit. ARTICLE III. NOISE. Section 54-14. Certain Acts Declared to be Noise Nuisances. The following acts, among others, are declared to be nuisances in violation
of this Article, but said enumerations shall not be deemed to be exclusive: a) The playing of any radio, tape recorder, cassette player, compact disk player, DVD player, MP3 player,
or any similar device phonograph or any musical instrument in such a manner or with such volume, particularly during the hours between 10:00 pm and 7:00 am, as to disturb the quiet,
comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type of residence. b) The use of any stationary loudspeaker or amplifier to such intensity that
disturbs persons of ordinary sensibilities in the immediate vicinity thereof; the use of any stationary loudspeaker or amplifier operated on any day between the hours of 10:00 pm and
7:00 am. c) The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort and repose of any person of ordinary sensibilities in the immediate
vicinity. d) The continued or frequent sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle except as a danger or warning signal; the creation by
means of any such said device of any unreasonable loud or harsh noise for any unreasonable period of time. Nusiance Ordinance.doc -8-
e) The running of any automobile, motorcycle, or vehicle so out of repair, so loud or in such manner as to create loud or grating, grinding, jarring, or rattling noise or vibration.
f) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or boat engine except through a muffler or other device which
will effectively prevent loud or explosive noises therefrom. g) The use of any mechanical device operated by compressed air, unless the noise to be created is effectively muffled and
reduced. h) Commercial contractors are prohibited from the erection, including excavation, demolition, alteration or repair work on any building or structure other than between the hours
of 7:00 am and 6:00 pm, on weekdays and 9:00 am to 5:00 pm on Saturdays. Commercial contractors are prohibited from working on Sundays. An exception can be made in case of urgent necessity
in the interest of public safety and convenience, and then only by written permit from the City City Manager or his/her designee, which permit may be renewed by the City Manager or his/her
designee, during the time the emergency exists. All special requests must be submitted in writing. i) The creation of any excessive noise on any street adjacent to any school or institution
of learning while in session or adjacent to any hospital which interferes with the working of such institutions, providing conspicuous signs are displayed in such manner indicating that
the same is a school or hospital street. j) The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of
bales, boxes, crates and containers. k) The raucous shouting and crying of peddlers, hawkers and vendors, which disturb the peace and quiet of the neighborhood. l) The use of any drum,
loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noise to any performance, show or sale of merchandise. ARTICLE IV. ABANDONED HOUSEHOLD
APPLIANCES. Section 54-15. Abandoned Large Household Appliances. It shall be unlawful for any person to cause or permit to be or remain upon any premises under his control in a public
or semi-public area that might be accessible to children, any large appliance (freezer, refrigerator, stove, dishwasher, clothes washer, clothes dryer and other similar appliances).
Section 54-16. Responsibility of Owner or Person in Control. Nusiance Ordinance.doc -9-
a) The owner or person in control of any large home appliance on any such property as described in section 54-15 shall not permit same to be discarded, abandoned, or stored as to create
a public nuisance of safety hazards. b) It shall be the responsibility of any such owner or person in control to remove or have removed any self-closing or self–locking mechanism or
door from the appliance to be discarded, abandoned, or stored in public or semi-public areas which might be accessible to children. ARTICLE V. PROPERTY MAINTENANCE REQUIREMENTS Section
54-17. International Building Code Adopted. The International Building Code, 2006 edition, as amended. Revised and corrected, including all future editions, revisions, amendments and
corrections, published by the International Code Council (ICC), one copy of which is on file with the City Secretary, is hereby adopted and incorporated by reference as the Building
Code of the City, subject to and including by reference such amendments as herein shall appear. Section 54-18.Unsafe Structures and Equipment. a) Unsafe Structure – An unsafe structure
is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants
in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation,
that partial or complete collapse is possible. b) Unsafe Equipment – Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device,
flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property
or safety of the public or occupants of the premises or structure. c) Structure Unfit for Human Occupancy – A structure is unfit for human occupancy whenever the Code Official finds
that such structure is
unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth or other contamination,
or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this Article, or because the location of this structure constitutes a hazard
to the occupants of the structure or to the public. d) Unlawful Structure – An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under
this Article, or which was erected, altered or occupied contrary to law. e) Closing of Vacant Structure – If the structure is vacant and unfit for human habitation and occupancy, and
is not in danger of structural collapse, the Code Nusiance Ordinance.doc -10-
Official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close
up the premises within the time specified in the order, the Code Official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement
by private persons, and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by
any legal resources. Section 54-19.Emergency Measures. When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure which endangers
life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants
or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases, or materials, or operation of defective or dangerous
equipment, the Code Official is authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance
to such structure a notice reading as follows: “This structure is unsafe, and its occupancy has been prohibited by the City of Schertz Code Official”. It shall be unlawful for any person
to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. Section 54-20.Demolition.
a) General – The Code Official shall order the owner of any premises upon which is located any structure, which in the Code Official’s judgment is so old, dilapidated, or has become
so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, such that it is unreasonable to repair the structure, and to demolish and
remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner’s option; or where there
has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure. b) Failure to Comply – If the owner of a premises
fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure to be demolished and removed, either through an available public agency
or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall
be a lien upon such real estate. c) Salvage Material – When any structure has been ordered demolished and removed, the City or other designated officer under said contract or arrangement
aforesaid shall have the right to sell the salvage and valuable materials at the highest price reasonably obtainable. The net proceeds of such sale, after deducting Nusiance Ordinance.doc
-11-
the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, to the person
who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. d) Means of Appeal – Any person directly affected
by a decision of the Code Official or a notice or order issued under this Chapter shall have the right to appeal to a Board of Appeals, provided that a written application for appeal
is filed within 20 days after the day the decision, notice or order was served by the Code Official. An application for appeal shall be based on a claim that the true intent of this
code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Chapter do not fully apply, or the requirements of this Chapter are adequately
satisfied by other means, or that the strict application of any requirement of this Chapter would cause an undue hardship. 1) The City Manager will select a Board of Appeals that shall
consist of three members. The members will be selected from the Board of Adjustments and the Planning and Zoning Commission. The Code Official shall be an ex-officio member but shall
have no vote on any matter before the Board. 2) All hearings before the Board shall be open to the public. The appellant, the appellant’s representative, the Code Official and any person
whose interests are affected shall be given an opportunity to be heard. 3) The Board shall modify or reverse the decision of the Code Official only by a concurring vote of a majority
of the total number of appointed Board members. 4) The Code Official shall take immediate action in accordance with the decision of the Board. Section 54-21.General Responsibilities.
a) Scope – The provisions of this Article V shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment, and exterior property. b)
Responsibility – The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this Article
V. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements
of this Article V. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit,
rooming unit, housekeeping unit or premises which they occupy and control. Nusiance Ordinance.doc -12-
c) Maintenance – All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a
blighting problem or adversely affect the public health and safety. Section 54-22.Exterior Property Areas; Nuisance Upon Premises. a) No person owning, leasing, occupying or having charge
of any premises shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such premises in a manner causing diminution in the value of the other property
in the neighborhood in which such premises are located. b) It shall be unlawful for any person to permit or allow the keeping or the depositing on, or the scattering over the premises
of any of the following: 1) Lumber, junk, trash, debris, brush, garbage or animal, vegetable or mineral matter and/or any composition of residue thereof; 2) Abandoned, discarded or unused
objects or equipment such as furniture, stoves, refrigerators, freezers or other appliances and and including empty and discarded cans or containers, inoperable motor vehicles, car parts,
tires and structurally unsound fences. 3) Any sign, notice, pole, post, basketball goal, and any other obstruction placed or painted upon any sidewalk, street or in any public right-of-way
within the corporate limits of the City. 4) Excessive growth of weeds or other vegetation that exceeds eight inches (8”) in height or is allowed to remain upon premises so as to become
a breeding place for flies, or insects or become offensive so as to emit foul or noxious odors; excluding trees, fruits, vegetables, farm crops, bushes, garden beds, flowers or other
ornamental plants. 5) The accumulation of stagnant water permitted to remain thereon. Watering beyond an individual’s property, or in a manner or amount which encroaches on a neighbor’s
property resulting in standing or stagnant water is prohibited. 6) Inadequate or unsanitary sewage or plumbing facilities, contrary to public health, safety or welfare. c) In other areas
of the City, that portion of any lot or parcel of land within fifty feet (50’) of any open street or road or which is within seventy-five feet (75’) of any building shall be kept completely
free and clear of excessive growth of weeds and vegetation that exceed eight inches (8”) in height. Abandoned and discarded equipment and rubbish and stagnant water are also prohibited.
Nusiance Ordinance.doc -13-
d) It shall be unlawful for any person owning, leasing, occupying or having charge of any premises to permit the overhanging or protrusions of trees, brush and shrubs over streets, sidewalk,
alleys and easements. 1) Minimum clearance from street surface shall be fifteen feet (15’). 2) Minimum clearance in easements and alleys shall be fifteen feet (15’) in height from entire
width of easement. 3) Minimum clearance over sidewalks shall be eight feet (8’). e) All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper
state of repair, and maintained free from hazardous conditions. f) All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found,
they shall be promptly exterminated by approved processes, which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage
and prevent re-infestation. g) All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. h) No person shall willingly
or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall
be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. Section 54-23.Swimming Pools, Spas and Hot Tubs. a) Swimming pools, spas and
hot tubs shall be maintained in a clean and sanitary condition, and in good repair. b) Private swimming pools, spas and hot tubs containing water more than twentyfour inches (24”) in
depth shall be completely surrounded by a fence or barrier at least forty-eight inches (48”) in height above the finished ground level measured on the side of the barrier away from the
pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than fifty-four inches (54”) above the bottom of the gate, the
release mechanism shall be located on the poolside of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released
from an open position of six inches (6”) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
c) Swimming pools, spas and hot tubs may be drained only and after the water has been effectively dechlorinated (pH is between 6.5-8.5). This can be accomplished by allowing the sun
to dissipate the chlorine or by utilization of chemical Nusiance Ordinance.doc -14-
dechlorination additives. Discharging of water can be accomplished by draining onto a pervious surface that will not flow or pond on neighboring properties. Allow sufficient area to
prevent ponding and to prevent nuisance conditions such as mosquito breeding. Section 54-24.Parking Prohibited on Front and Side Yards. a) It shall be unlawful for a person to park or
allow to remain parked a motor vehicle, construction vehicle, boat, personal water craft or trailer of any kind (except those defined in subparagraph b) at any time in the side or front
yard in any single-family residential zoned district, unless parked on a well maintained parking area extending from the curb, street or alley in a contiguous course and constructed
of concrete or asphalt;and b) It shall be unlawful for a person to park or allow to remain parked a recreational vehicle (as defined below) for more than 72 hours (i) on a vacant lot
or (ii) on any other lot in any location in the portion of such lot between the street and the closest portion of a building structure. on such lot to such street. For purposes of this
section 54-23b), “recreational vehicle” means a bus conversion, Class A camper, Class C camper, travel trailer, fifth wheel trailer, or pop-up camper. Section 57-25.Exterior Structure.
a) General – The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to public, health, safety or welfare. b) Protective
Treatment – All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks, and fences shall be maintained in good condition.
Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped
paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall
be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion
shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt
from this requirement. c) Premises Identification – Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting
the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches (4”) high with
a minimum stroke width of one-half inch (1/2”). Nusiance Ordinance.doc -15-
d) Structural Members – All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. e) Foundation Walls
– All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. f) Exterior
Walls – All exterior walls shall be free from holes, breaks, and loose or rotting materials and shall be maintained weatherproof and properly surface coated where required to prevent
deterioration. g) Roofs and Drainage – The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration
in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged
in a manner that creates a public nuisance. h) Decorative Features – All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained
in good repair with proper anchorage and in a safe condition. i) Overhang Extensions – All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings,
fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal
or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. j) Stairways,
Decks, Porches and Balconies – Every exterior stairway, deck, porch, and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with
proper anchorage and capable of supporting the imposed loads. k) Chimneys and Towers – All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally
safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials,
such as paint or similar surface treatment. l) Handrails and Guards – Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be
maintained in good condition. m) Window, Skylight and Door Frames – Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. All glazing
(glass) materials shall be maintained free from cracks and holes. Every window, other Nusiance Ordinance.doc -16-
than a fixed window, shall be easily operable and capable of being held in position by window hardware. n) Insect Screens – Every door, window and other outside opening required for
ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured,
packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every screen door used for insect control shall have a self-closing device
in good working condition. o) Doors – Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock
designed to be readily operable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a lock throw of not less than one
inch (1”). Such deadbolt locks shall be installed according to manufacturer’s specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall
not be considered an acceptable deadbolt lock. p) Windows – Operable windows located in whole or in part within six feet (6’) above ground level or a walking surface below that provide
access to a dwelling unit, rooming unit, or housekeeping unit that is rented, leased, or let shall be equipped with a window sash locking device. q) Garage Doors – Shall be capable of
being closed reasonably plumb, properly attached and the exterior surface maintained weatherproof as required to prevent deterioration. Section 54-26.Interior Structure. a) Maintenance
– The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure,
which they occupy or control, in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling
units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. b) Structural Members
– All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. c) Interior Surfaces – All interior surfaces, including windows and doors,
shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and
other defective surface conditions shall be corrected. d) Stairs and Walking Surfaces – Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained
in sound condition and good repair. Nusiance Ordinance.doc -17-
e) Handrails and Guards – Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. f) Interior Doors
– Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as
intended by the manufacturer of the attachment hardware. Section 54-27.Handrails and Guardrails. Every exterior and interior flight of stairs having more than three (3) risers shall
have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch deck, ramp, or other walking surface, which is more than thirty inches (30”) above
the floor or grade below, shall have a guards. Handrails shall not be less than thirty inches (30”) high or more than forty-two inches (42”) high measured vertically above the nosing
of the tread or above the finished floor of the landing or walking surface. Guards shall not be less than thirty inches (30”) high above the floor of the landing, balcony, porch, deck,
or ramp or other walking surface. Section 54-28.Rubbish and Garbage. a) Accumulation of Rubbish or Garbage – All exterior property and premises, and the interior of every structure,
shall be free from any accumulation of rubbish or garbage. b) Disposal of Rubbish – Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing
such rubbish in approved containers. The owner of every occupied premise shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for
the removal of rubbish. Dumping, pushing, sweeping or blowing of yard waste into City streets or right-of-ways is also prohibited. c) Refrigerators – Refrigerators and similar equipment
not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. This is only applicable when disposed of as a part of the City’s scheduled
fall and spring cleanup. Discarding, abandoning or storing refrigerators on premises any other time of the year in any condition is otherwise prohibited. d) Disposal of Garbage – Every
occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. e) Containers
– The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leak proof containers provided with close-fitting covers for the
storage of such materials until removed from the premises for disposal. Nusiance Ordinance.doc -18-
f) Time of Disposal – No trash or garbage containers will be placed on the curb line earlier than twenty-four (24) hours prior to the time of the collection or left no later than twenty-four
(24) hours after the time of collection. Section 54-29. Texas Litter Abatement Act Adopted. To prevent illegal dumping within the City, and to eliminate and abate the health and safety
hazards associated with and attributable to such illegal dumping, the City of Schertz hereby adopts Chapter 365, the Texas Litter Abatement Act, of the Texas Health and Safety Code,
as amended from time to time, in its entirety herein, and it shall serve as the City’s ordinance for illegal dumping. Section 54-30. Extermination. a) Infestation – All structures shall
be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious
to human health. After extermination, proper precautions shall be taken to prevent re-infestation. Where the infestations are caused by defects in the structure, the owner shall be responsible
for extermination. b) Owner – The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. c) Single Occupancy Structures
– The occupant of a one-family dwelling or of a single tenant nonresidential structure shall be responsible for extermination on the premises. d) Multiple Occupancy Structures – The
owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or
shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible
for extermination. e) Occupant – The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Section 54-31. Light, Ventilation
and Occupancy Limitations. a) Responsibility – The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with this Article V. A person
shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this Article V. b) Habitable Spaces – Every habitable
space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the
floor area of such Nusiance Ordinance.doc -19-
room. Wherever walls or other portions of the structure face a window of any room and such obstructions are located less than three feet (3’) from the window and extend to a level above
that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total
window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining
room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet. The exterior glazing area shall be based on the total floor area being
served. c) Common Halls and Stairways – Every common hall and stairway in residential occupancies, other than in one-and-two family dwellings, shall be lighted at all times with at least
a 60 watt standard incandescent light bulb for each 200 square feet of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than thirty
feet (30’). In other than residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space served by the means
of egress is occupied with a minimum of 1 foot-candle at floors, landings and treads. d) Other Spaces – All other spaces shall be provided with natural or artificial light sufficient
to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. e) Habitable Spaces – Every habitable
space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least forty-five percent (45%) of the minimum glazed area required
in section 54-29b). Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall
be at at least eight percent (8%) of the floor area of the interior room or space, but not less than twenty-five (25) square feet. The ventilation openings to the outdoors shall be based
on the total floor area being ventilated. f) Bathrooms and Toilet Rooms – Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces in section
54-29e), except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or
toilet room shall discharge to the outdoors and shall not be recalculated. g) Cooking Facilities – Unless approved through the certificate of occupancy, cooking shall not be permitted
in rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit. Exceptions: 1) Where specifically approved
in writing by the Code Official. Nusiance Ordinance.doc -20-
2) Devices such as coffee pots and microwave ovens shall not be considered cooking appliances. h) Process Ventilation – Where injurious, toxic,
irritating or noxious fumes, gases, dusts, or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be
exhausted to the exterior and not be recalculated to any space. i) Clothes Dryer Exhaust – Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted
in accordance with the manufacturer’s instructions. j) Privacy – Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy
and be separate from other adjoining spaces. k) Minimum Room Widths – A habitable room, other than a kitchen, shall be not less than seven feet (7’) in any plan dimension. Kitchens shall
have a clear passageway of not less than three feet (3’) between counter fronts and appliances or counter fronts and walls. l) Minimum Ceiling Heights – Habitable spaces, hallways, corridors,
laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet (7’). Exceptions: 1) In one-and-two family dwellings,
beams and girders spaced not less than four feet (4’) on center and projecting not more than six inches (6”) below the required ceiling height. 2) Basement rooms in one-and-two family
dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet eight inches (6’8”) with not less than six feet four inches
(6’4”) of clear height under beams, girders, ducts, and similar obstructions. 3) Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all
or part of the room, with a clear ceiling height of at least seven feet (7’) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms,
only those portions of the floor area with a clear ceiling height of five feet (5’) or more shall be included. m) Living and Bedroom Area – Every living room shall contain at least 120
square feet and every bedroom shall contain at least seventy (70) square feet. n) Access from Bedrooms – Bedrooms shall not constitute the only means of access to other bedrooms or habitable
spaces and shall not serve as the only means of egress from other habitable spaces. Nusiance Ordinance.doc -21-
o) Water Closet Accessibility – Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit
shall have access to at least one water closet and lavatory located in the same story as the bedroom. p) Prohibited Occupancy – Kitchens and non-habitable spaces shall not be used for
sleeping purposes. q) Efficiency Unit – Nothing in this Article V shall prohibit an efficiency living unit from meeting the following requirements: 1) A unit occupied by not more than
two occupants shall have a clear floor area of not less than 220 square feet. A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet. These
required areas shall be exclusive of the areas required by items 2) and 3) below. 2) The unit shall be provided with a kitchen sink, cooking appliances and refrigeration facilities,
each having a clear working space of not less than thirty inches (30”) in front. Light and ventilation conforming to this Article V shall be provided. 3) The unit shall be provided with
a separate bathroom containing a water closet, lavatory and bathtub or shower. 4) The maximum number of occupants shall be three. r) Food Preparation – All spaces to be occupied for
food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and service for the sanitary
disposal of food wastes and refuses, including facilities for temporary storage. Section 54-32. Plumbing Facilities and Fixture Requirements. a) Responsibility – The owner of the structure
shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person
to occupy any structure premises, which does not comply with the requirements of this Article V. b) Dwelling Unit – Every dwelling unit shall contain its own bathtub or shower, lavatory,
water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity
to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. Nusiance Ordinance.doc -22-
c) Rooming Houses -At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. d) Hotels – Where private water closets, lavatories and baths
are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each four occupants. e) Employees’ Facilities – A
minimum of one water closet, one lavatory and one drinking facility shall be available to employees. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler
or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. f) Toilet Room Privacy – Toilet rooms and bathrooms shall
provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared
bathrooms and toilet rooms in a multiple dwelling. g) Location – Toilet rooms and bathrooms serving serving hotel units, rooming units or dormitory units or housekeeping units, shall
have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. h) Location of Employee Toilet Facilities – Toilet facilities shall
have access from within the employees’ working area. The required toilet facilities shall be located not more than one story above or below the employees’ working area and the path of
travel to such facilities shall not exceed a distance of 500 feet. Employee’s facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities
that are required for employees in storage structures or kiosk, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance
of 500 feet from the employees’ regular working area to the facilities. i) Plumbing Systems and Fixtures – All plumbing fixtures shall be properly installed and maintained in working
order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixture are designed. All plumbing fixtures shall
be maintained in a safe, sanitary and functional condition. j) Plumbing System Hazards – Where it is found that a plumbing system in a structure constitutes a hazard to the occupants
or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the Code
Official shall require the defects to be corrected to eliminate the hazard. k) Water System in General – Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other
plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers
shall be supplied with Nusiance Ordinance.doc -23-
hot or tempered and cold running water in accordance with the International Plumbing Code. l) Contamination – The water system shall be maintained free from contamination, and all water
inlets from plumbing fixtures shall be located above the flood level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are
attached and left in place shall be protected by an approved atmospheric type vacuum breaker or an approved permanently attached hose connection vacuum breaker. m) Supply – The water
supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and to pressures adequate to enable
the fixtures to function properly, safely and free from defects and leaks. n) Water Heating Facilities – Water heating facilities shall be properly installed, maintained and capable
of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and and laundry facility at a temperature of not less than 110ºF. A gas-burning
water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination
temperature and pressure relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. o) Sanitary Drainage System – All plumbing fixtures
shall be properly connected to either a public sewer system or to an approved private sewage disposal system. p) Maintenance – every plumbing stack, vent, waste and sewer line shall
function properly and be kept free from obstructions, leaks, and defects. q) Storm Drainage – Drainage of roofs and paved areas, yards and courts and other open areas on the premises
shall not be discharged in a manner that creates a public nuisance. Section 54-33. Mechanical and Electrical Requirements. a) Responsibility – The owner of the structure shall provide
and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy
any premises, which do not comply with the requirements of this Article V. b) Residential Occupancies – Dwellings shall be provided with heating facilities capable of maintaining a room
temperature of 68ºF in all habitable rooms, bathrooms, and toilet rooms. Nusiance Ordinance.doc -24-
c) Occupiable Workspaces – Indoor Occupiable workspaces shall be supplied with heat facilities capable of maintaining a room temperature of not less than 65ºF during the time the space
is occupied. Exceptions: 1) Processing, storage and operation areas that require cooling or special temperature conditions. 2) Areas in which persons are primarily engaged in vigorous
physical activities. d) Mechanical Equipment – All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly
installed and maintained in a safe working condition and shall be capable of performing the intended function. e) Service – The size and usage of appliances and equipment shall serve
as a basis for determining the need for additional electrical supply in accordance with the National Electric Code. Dwelling units shall be served by a three-wire, 120/240-volt, single-phase
electrical service having a rating of not less than 60 amperes. f) Electrical Hazards – Where it it is found that the electrical system in a structure constitutes a hazard to the occupants
or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar
reasons, the Code Official shall require the defects to be corrected to eliminate the hazard. g) Receptacles – Every habitable space in a dwelling shall contain at least two separate
and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain
at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. h) Elevators, Escalators and Dumbwaiters – Shall be maintained in
compliance with ASME A17.1. The most current certification of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, or the certificate
shall be available for public inspection and tests shall be performed at not less than the periodical intervals listed in ASME A17.1, Appendix N. i) Operation – In buildings equipped
with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall
be permitted to have the elevator temporarily out of service for testing or servicing. ARTICLE VI. JUNK VEHICLES. Section 54-34. Declaration of Junk Vehicles as Public Nuisance. Nusiance
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Junk Vehicles or parts thereof, that are located in a place where they are visible from a public place or public right-of-way are detrimental to the safety and welfare of the general
public, tend to reduce the value of private property, invite vandalism, create a fire hazard, constitute an attractive nuisance creating a hazard to the health and safety of minors,
and are detrimental to the economic welfare of the City by producing urban blight adverse to the maintenance and continuing development of the City, and as such are declared to be a
public nuisance. Section 54-35. Junk Vehicle Notice. a) A notice of a Junk Vehicle violation must be personally delivered, or delivered by certified mail with a five (5) day return requested,
or delivered by the United States Postal Service with signature confirmation service to: 1) The last known registered owner of the nuisance; 2) Each lien holder of record of the nuisance;
and 3) (i) the owner or occupant of the property on which the nuisance is located; or (ii) if the nuisance is located on a public right-of-way, the owner of the property adjacent to
the right-of-way. b) If the post office address of the last known registered owner of the Junk Vehicle is unknown, a notice may be placed on the Junk Vehicle, or if the owner is located,
it may be personally delivered. c) If the notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the tenth (10th) day after the date
of the return. d) This notice shall include: 1) A description of the vehicle or parts thereof; 2) The vehicle identification number if available; and 3) The license plate number if available.
e) The notice must state that: 1) The nuisance must be abated and removed no later than the tenth (10th) day after the date on which the notice was personally delivered or mailed; and
2) Any request for a hearing must be made before the ten (10) day period expires. Section 54-36. Exemptions. The following shall not be abated under this Article VI: Nusiance Ordinance.doc
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f) A vehicle or vehicle parts that are completely enclosed within a building in a lawful manner where are not visible from a right-of-way or other public or private property. g) A vehicle
or vehicle parts that are stored or parked in a lawful manner on property that is zoned and approved for automotive vehicle repair, if the vehicle or vehicle parts and the outdoor storage
area are maintained in a manner so that they do not constitute a health or safety hazard. h) A vehicle or vehicle parts covered by this Article stored by an owner on the owner’s property,
if the motor vehicle or parts and the outdoor storage area are maintained in a manner so that they do not constitute a health hazard and are screened from ordinary public view by means
of a fence. Any variations from this section must have the approval of City Council. Section 54-36. Antique or Special Interest Vehicles Located in a Residentially Zoned Neighborhood.
It shall be unlawful to maintain or store more than one Antique Vehicle or Special Interest Vehicle on a property zoned for residential use outlined within the Unified Development Code
or Zoning Maps adopted by the City. Section 54-37. Abatement of Junk Vehicles Declared a Public Nuisance. Junk Vehicles, or parts thereof, are subject to being abated by the Code Official
in compliance with the notice requirements established in section 54-33. Section 54-38. Disposal of Junk Vehicle. Junk Vehicles and parts thereof may be disposed of by the Code Official
by removal to a scrap yard, a motor vehicle demolisher, or any suitable site to be processed as scrape or salvage in the manner provided under Texas Transportation Code §683.078, as
amended. Section 54-39. Right to an Appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this section shall have the right to appeal
to the City Manager or designated representative provided that a written application for appeal is filed within ten (10) days after the day the decision, notice or order was served.
Section 54-40. Conflict of Law. The authority to take possession of Junk Vehicles and procedures relating thereto, as adopted by the City under this Article VI, are to be construed in
a manner consistent with the general laws of the State of Texas. If the provisions or procedures adopted by the City should conflict with the general laws of the State of Texas at any
time, Texas general law shall prevail.” Nusiance Ordinance.doc -27-
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SECTION 2. SEVERABILITY. If any provision of this Ordinance is illegal, invalid, or unenforceable under present or future laws, then and in that event, the remainder of this Ordinance
shall not be affected thereby. SECTION 3. REPEALING CLAUSE All ordinances and codes, including Chapter 54 of the Code of Ordinances in effect prior to the effective date of this Ordinance
in conflict with the provisions of this Ordinance are hereby repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in force and effect from and after its final passage and any
publication required by law. PASSED AND APPROVED on first reading the 20th day of January, 2009. PASSED AND FINALLY APPROVED on second and final reading the ____ day of January, 2008.
Mayor ATTEST: City Secretary [CITY SEAL] Nusiance Ordinance.doc S-1
Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: January 20, 2009 Department: City Council Subject: Boards and Commissions Appointments/reappointments BACKGROUND The City Council
will consider action regarding the appointment/reappointment of boards and commission members. FISCAL IMPACT None RECOMMENDATION It is recommended that the City Council make appointments
from the submitted applications. ATTACHMENTS Applications: Michael Goos – Alternate TSAC