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03-18-2014 Agenda with BackupCity Council REGULAR SESSION CITY COUNCIL March 18, 2014, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Policy Values Economic Prosperity Fiscally Sustainable Family Friendly for All Ages High Quality of Life Safe Community Essential Services Attractive Community Innovative and Proactive Service Oriented Friendly City ► 5:00 p.m. Skate Park Opening Ceremony t 820 Community Circle Call to Order — City Council Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Pastor Andy Hostetler, Discovery Church) City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in 03 -18 -2014 Council Agenda response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the regular meeting of March 11, 2014 (J. Kessel/B. Dennis) 2. Resolution No. 14 -R -23 — Consideration and/or action approving a Resolution authorizing an agreement between the City of Schertz and Green Valley Special Utility District with respect to the boundary lines of the Certificates of Convenience and necessity held by each provision of water service to users pursuant to the Texas Water Code, and other matters in connection therewith. (J. Bierschwale /S. Willoughby) 3. Resolution No. 14 -R -24 — Consideration and /or action approving a Resolution authorizing an agreement for a Public Utility Easement and Temporary Construction Easement along Maske Road from the Estate of Betty Joe Boggess in connection with the Maske Road Waterline Project, and other matters in connection therewith. (J. Bierschwale /S. Willoughby) 4. Resolution No. 14 -R -27 — Consideration and/or action approving a Resolution in support of the future construction of a highway overpass at County Club Drive and Interstate Highway 35, and other matters in connection therewith. (B. James /K. Woodlee) 5. Ordinance No. 14 -T -13 — Consideration and/or action approving an Ordinance authorizing a budget adjustment for the Development Incentive Fund for the Development Agreement, GE Oil and Gas, Inc. incentive; repealing all Ordinances or Parts of Ordinances in conflict with this Ordinance; and providing an effective date. (J. Kessel/D. Gwin) Final Reading Roll Call Vote Confirmation Requests and Announcements 6. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 03 -18 -2014 City Council Agenda Page - 2 - 8. 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 • Upcoming City Council agenda items Adiournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 13th DAY OF MARCH 2014 AT 2:45 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. grevkA{ 2 1�,evuv�,LS renda Dennis CPM, TRMC, MMC, City Secreta 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 2014. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS 03 -18 -2014 City Council Agenda Page - 3 - Mayor Carpenter Mayor Pro -Tem Scadiola — Place 2 Audit Committee Animal Control Advisory Committee Hal Baldwin Scholarship Committee Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions Schertz Seguin Local Government Corporation Investment Advisory Committee Interview Committee for Boards and Commissions TIRZ II Board Sweetheart Advisory Committee Councilmember Fowler — Place 1 Councilmember John - Place 3 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Randolph Joint Land Use Study (JLUS) Executive Committee Councilmember Edwards — Place 4 Councilmember — Duke — Place 5 Audit Committee Audit Committee ASA Commuter Rail District Board — Lone Star Investment Advisory Committee Hal Baldwin Scholarship Committee 03 -18 -2014 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: March 18, 2014 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a regular meeting on March 11, 2014. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting on March 11, 2014. ATTACHMENT Minutes — regular meeting March 11, 2014 MINUTES REGULAR MEETING March 11, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 11, 2014, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Jim Fowler Staff Present: Executive Director John Bierschwale City Attorney Charles Zech Deputy City Secretary Donna Schmoekel Councilmembers Daryl John and Cedric Edwards Call to Order Mayor Pro -Tern David Scagliola Councilmember Matthew Duke City Manager John Kessel Chief of Staff Bob Cantu City Secretary Brenda Dennis Ab sent. Mayor Carpenter called the Regular Meeting to order at 6:05 p.m. Mayor Carpenter asked if everyone could please rise and recognized the Honorable Mayor Robert Bueker who served as Mayor from 1973 to 1980 along with his wife who were in attendance this evening. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas Pastor Stephen E. kescod, Church of the First Born, provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements • A=uncements of upcoming City Events (J. Bierschwale/B. James) Mayo enter recognized Executive Director John Bierschwale who provided the followingoffinguncements and upcoming events: • March I through March 16, 2014, Schertz Annual Spring Clean Up — drop off event for citizen -'in conjunction with Bexar Waste, 2221 FM 3009 from 8:00 a.m. to 6:00 p.m. daily — free of charge to residents with proper identification. Contact Bexar Waste at 566 -5454, Public Works 619 -1800, or 311. • Northeast Partnership Meeting & Luncheon for March has been cancelled. • Thursday, March 13, 2014, Schertz Chamber After Hours Mixer k Doss Audiology, 5000 Schertz Pkwy, Ste #300, 5:30 p.m. -7:00 p.m. • Monday, March 17, Grand Opening @ Providence Title, 3900 FM 3009 Ste 105, 4:30 p.m. 03-11-2014 Minutes Page - 1 - • Tuesday, March 18, 2014, Schertz Chamber Luncheon, Schertz Civic Center, Bldg #5, starts at 11:30 a.m. • Tuesday, March 18, 2014, Skate Park Opening Ceremony, 820 Community Circle, 5:00 p.m. • Thursday, March 20, 2014, Employee Remembrance Day, Noon, 10 Commercial Place. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who with the permission of the City Attorney yielded his time and recognized EMS Operations Manager Jason Mabbitt. Mr. Mabbitt recognized two of the Schertz EMS Field Paramedics David Retano and Allen Schultz. Mr. Mabbitt stated they ran a call in January on a gentleman that was in the audience this evening. Mr. Mabbitt recognized Mayor Robert Bueker. Mayor Bucker stated it was a real honor to be here tonight in more ways than one, principally because without the efforts of Mr. Retano and Mr. Schultz he would not be here tonight. Mayor Bueker paid tribute to Mr. Retano and Mr. Schultz as well as to the EMS Department in general. Mayor Bucker described the situation that happened to him in January as well as described the other times EMS responded to the aid of his wife and son. On behalf of himself and his family he thanked the EMS Department and Field Paramedics David Retano and Allen Schultz for the service they provide to the City. Hearing of Residents: Mayor Carpenter recognized the following who o . • Mr. Douglas Becker, 11703 Lower Seguin Road, who spoke regarding fluctuating speed limits along FM 1604 and FM 15-14 in the area of Lower Seguin Road and the 20 mph speed limit on Pfeil Road. He,`also spoke about the police department not giving warning tickets. Mr. Becker gave an example of someone receiving a ticket for a tail light out. Mr. Becker also thanked the City for removing the school zone designation along Schertz Parkway. Mayor Carpenter recognized' City Manager John Kessel who stated that Executive Director John Bierschwale will get in contact with the Transportation Safety Advisory Commission to have them look at the speed limit issues and come back and make a recommendation to City Council. Mayor Carpenter stated that staff has asked that they not consider agenda items 3 and 4. There were no objections from Council. Consent Agenda Items 1. Minutes - Consideration and /or action regarding the approval of the minutes of the regular meeting of March 4, 2014 (J. Kessel/B. Dennis) 2 Ordinance No. 14 -S -08 - ZC2013 -007 — Consideration and/or action approving an Ordinance to amend the Crossvine Planned Development District (PDD) zoning generally 03 -11 -2014 Minutes Page - 2 - located west of FM 1518 at Lower Seguin Road. Final Reading (B. James /M. Sanchez /L. Wood) The following was read into record: ORDINANCE NO. 14 -S -08 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CROSSVINE PLANNED DEVELOPMENT DISTRICT (PDD) ZONING GENERALLY LOCATED WEST OF FM 151 *T LOWER SEGUIN ROAD 5. Ordinance No. 14 -S -11 — Consideration and/or action approving an Ordinance amending Part III Schertz Code of Ordinances, Unified Development Code, UDC Article 16 definition lot of record. Final Reading (B. James /M. Sanchez /L. Wood) The following was read into record: ORDINANCE NO.1 AN ORDINANCE BY THE CITY COUNCIL OF T TY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF O CES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 16 DEFINIT S SPECIFICALLY THE DEFINITION "LOT OF RECORD "; REPEALING AL ` ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE I` Mayor Carpenter recognized Mayor Pro -Tem Scagliola, who moved, seconded by Councilmember Fowler, to approve consent agenda items 1, 2, and 5. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, and Duke voting yes and no one voting no. Councilmembers John and Edwards were absent. Motion Carried. Discussion and Action Items 7 6. Ordinance No. 14 -T -13 — Consideration and/or action approving an Ordinance authorizing a budget adjustment for the Development Incentive Fund for the Development Agreement, GE Oil and Gas, Inc. incentive; repealing all Ordinances or Parts of Ordinances in conflict with this Ordinance; and providing an effective date. (J. Kessel/D. Gwin) First Reading The following was read into record: ORDINANCE NO. 14 -T -13 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE DEVELOPMENT 03 -11 -2014 Minutes Page - 3 - INCENTIVE FUND FOR THE DEVELOPMENT AGREEMENT, GE OIL & GAS INC. INCENTIVE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Economic Development Director David Gwin who provided a Power Point presentation regarding the history of the project stating on February 4, 2014, the City Council approved Resolution 14 -R -14 which approved the Development Agreement, GE Oil & Gas Inc. (the "Agreement "). Under the Agreement the City agreed to construct, or cause to be constructed, an extension of David Lack Drive as described in the Agreement. The SEDC approved up to $200,000 for the project. The proposed Ordinance authorizes the transfer of $200,000 from the Development Incentive Fund to a separate account for the project. This fund will be used to expenses costs associated with the extension of David Lack Drive. Mr. Gwin addressed questions from Council. Mayor Carpenter recognized Councilmember Fowler, who moved, seconded by Mayor Pro- Tern Scagliola, to approve Ordinance No. 14 -T -13 on first reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, and Duke voting yes and no one voting no. Councilmembesr John and Edwards were absent. Motion Carried. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1, 2, 5 and 6. Requests and Announcements 7. Announcements by City Manager 4® • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel who brought attention to item 10 that was new on the agenda this evening. Mr. Kessel stated that this is information that is being provided to the Council as well as to the citizens, but that no discussion would take place. Mayor Carpenter recognized Councilmember Duke who asked, should Council wish to discuss one of these items, would it need to be placed back on an agenda for discussion. City Attorney stated yes. 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 9. Announcements by Mayor and Councilmembers 03-11-2014 Minutes Page - 4 - • 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 • Upcoming City Council agenda items No announcements were given. Adjournment As there was no further business, the meeting was adjourned at 6:29 p.m. ATTEST: City Secretary, Brenda Dennis 03-11-2014 Minutes Page - 5 - CITY COUNCIL MEMORANDUM City Council Meeting: March 18, 2014 Department: Public Works Agenda No. 2 Subject: Resolution No. 14 -R -23 — A Resolution by the City Council of the City of Schertz, Texas approving and authorizing an agreement between the City and Green Valley Special Utility District with respect to the boundary lines of the Certificates of Convenience and necessity held by each provision of water service to users pursuant to the Texas Water Code, and other matters in connection therewith BACKGROUND The property located at the intersection of Ekhardt Road and Froboese Road in Guadalupe County was formally known as Rolling Hills Ranch was annexed by the City in 2007. The property has been renamed as The Parklands Subdivision and is currently undeveloped. The Subdivision is located in the Green Valley Special Utility District (GVSUD) Water Certificate of Convenience and Necessity (CCN) and the developer has petitioned that the City of Schertz service the area instead of Green Valley. Schertz and GVSUD wish to alter the boundaries of their respective CCN's and transfer an area contained with the boundaries of the GVSUD CCN to Schertz, so that such area is removed from the GVSUD CCN and added to the Schertz CCN. Although the property is within the CCN held by GVSUD, they do not currently have any water connections or water facilities within or adjacent to the property, nor to they have any plans to provide water service or expended funds to provide the service. In accordance with Texas Water Code 13.255 and approved by Texas Commission on Environmental Quality (TCEQ) Green Valley agrees to the modifications of the boundaries of its CCN to transfer the subdivision to the Schertz CCN. Upon approval, GVSUD will have no further obligation to provide retail water service to the property, and Schertz will be solely responsible for the provision of retail water service to owners and occupants of the property. Goal To accept the agreement with Green Valley Special Utility District to modify the boundaries of the GVSUD CCN and the boundaries of the Schertz CCN to remove the Parklands Subdivision from GVSUD CCN and place it under the responsibility of the Schertz CCN. Community Benefit Provide adequate water service and pressure to properties located in the Parklands Subdivision for development to occur. Summary of Recommended Action Staff recommends Council approve the Resolution approving the Agreement between the City of Schertz and Green Valley Special Utility District. FISCAL IMPACT City Council Memorandum Page 2 GVSUD and Schertz agree that no compensation shall be due and owing between Schertz and GVSUD in conjunction with the transfer, since no real or personal property of either party is contained within the Property or is being affected by such transfer. RECOMMENDATION Staff recommends Council approve Resolution 14 -R -23. ATTACHMENTS Resolution No. 14 -R -23 Agreement between City of Schertz and Green Valley Special Utility District RESOLUTION NO. 14 -R -23 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY AND GREEN VALLEY SPECIAL UTILITY DISTRICT WITH RESPECT TO THE BOUNDARY LINES OF THE CERTIFICATES OF CONVENIENCE AND NECESSITY HELD BY EACH PROVISION OF WATER SERVICE TO USERS PURSUANT TO THE TEXAS WATER CODE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Green Valley is the holder of water CCN #10646, issued by TCEQ, for the provision of retail water service to certain areas in and about Guadalupe County, Texas, the boundaries of which are more fully described in the agreement attached hereto; and WHEREAS, the boundaries of the Schertz CCN and the Green Valley CCN are adjacent to one another; and WHEREAS, Schertz and Green Valley wish to alter the boundaries of their respective CCN's and transfer an area contained with the boundaries of the Green Valley CCN to Schertz, so that such area is removed from the Green Valley CCN and added to the Schertz CCN. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Green Valley Special Utility District in substantially the form set forth in accordance with the terms of the Agreement. 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 18th day of March, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A AGREEMENT BETWEEN THE CITY OF SCHERTZ AND GREEN VALLEY SPECIAL UTILITY DISTRICT AGREEMENT BETWEEN CITY OF SCHERTZ AND GREEN VALLEY SPECIAL UTILITY DISTRICT This Agreement Between City of Schertz and Green Valley Special Utility District (this "Agreement ") is entered into this 18th day of March, 2014, by and between the City of Schertz, a Texas home rule municipality (hereinafter "Schertz "), and Green Valley Special Utility District, a special utility district, created pursuant to Chapter 65 of the Texas Water Code (hereinafter "Green Valley "), with respect to the boundary lines of the Certificates of Convenience and Necessity (hereinafter "CCN's ") held by each for the provision of water service to users pursuant to the Texas Water Code. WHEREAS, Schertz is the holder of water CCN #10645, issued by the Texas Commission on Environmental Quality (hereinafter "TCEQ "), for the provision of retail water service to certain areas in and about Guadalupe County, Texas, the boundaries of which are more fully described in Exhibit "A" attached hereto; and WHEREAS, Green Valley is the holder of water CCN #10646, issued by TCEQ, for the provision of retail water service to certain areas in and about Guadalupe County, Texas, the boundaries of which are more fully described in Exhibit `B" attached hereto; and WHEREAS, the boundaries of the Schertz CCN and the Green Valley CCN are adjacent to one another; and WHEREAS, Schertz and Green Valley wish to alter the boundaries of their respective CCN's and transfer an area contained with the boundaries of the Green Valley CCN to Schertz, so that such area is removed from the Green Valley CCN and added to the Schertz CCN. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Schertz and Green Valley hereby agree as follows: Schertz is the owner and holder of water CCN #10645, the boundaries of which are more fully described in Exhibit "A" attached hereto. 2. Green Valley is the owner and holder of water CCN #10646, the boundaries of which are more fully described in Exhibit `B" attached hereto. 3. There currently exists an 194.56 acre parcel of property (hereinafter the "Property ") northeast of the intersection of Eckhardt Road and Froboese Road in Guadalupe County, commonly known as the Parklands Subdivision, located within the boundaries of CCN #10646 and adjacent to the boundaries of CCN #10645, such Property more fully described in Exhibit "C" attached hereto. Schertz - Agreement Between City of Schertz and Green Valley Special Uti... 4. The Property is currently undeveloped. 5. Although the Property is within CCN #10646 held by Green Valley, Green Valley does not currently have any water connections or water facilities within or adjacent to the Property. 6. Green Valley does not currently have any plans to provide water service to the Property pursuant to its rights to do so under CCN #10646, and has not expended any funds in anticipation of doing so. 7. In accordance with Texas Water Code Section 13.255, but at all times subject to the approval by TCEQ, Green Valley hereby agrees to the modification of the boundaries of its CCN #10646 to exclude the area contained within the Property, such area to be transferred from Green Valley's CCN #10646 to the area to be encompassed within the Schertz CCN #10645. 8. In accordance with Texas Water Code Section 13.255, but at all times subject to the approval by TCEQ, Schertz hereby agrees to the expansion and modification of the boundaries of its CCN #10645 to include the area contained within the Property, such area to be transferred from Green Valley's CCN #10646 to now be encompassed within the Schertz CCN #10645. 9. Green Valley and Schertz agree that no compensation shall be due and owing between Schertz and Green Valley in conjunction with such transfer, since no real or personal property of either party is contained within the Property or is being affected by such transfer. 10. Schertz agrees that, upon approval of the revision to its CCN boundaries by TCEQ to include the Property within the boundaries of its CCN #10645, Green Valley shall have no further obligation to provide retail water service to the Property, and that Schertz shall be solely responsible for the provision of retail water service to the owners and occupants of the Property under such terms and conditions as are allowed under its CCN and any applicable governmental statutes and regulations. General Provisions GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. ALL ACTS REQUIRED OR PERMITTED TO BE PERFORMED HEREUNDER ARE PERFORMABLE IN GUADALUPE COUNTY, TEXAS, AND IT IS AGREED THAT ANY ACTION BROUGHT TO ENFORCE OR CONSTRUE THE TERMS OR PROVISIONS HEREOF OR TO ENJOIN OR REQUIRE THE Schertz - Agreement Between City of Schertz and Green Valley Special Uti... PERFORMANCE OF ANY ACT IN CONNECTION HEREWITH, SHALL BE BROUGHT IN - A COURT OF COMPETENT JURISDICTION SITTING IN GUADALUPE COUNTY, TEXAS. Construction and Severability. If this Agreement, or any word, clause, sentence, paragraph or other part thereof, shall be susceptible to more than one or conflicting interpretations, then the interpretation which is more nearly in accordance with the general purposes and objectives of this Agreement shall govern. In the event one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Unintended Omission. If any punctuation, word, clause, sentence or provision necessary to give meaning, validity or effect to any other word, clause, sentence or provision appearing in this Agreement shall be omitted herefrom, then it is hereby declared that such omission was unintentional and that the omitted punctuation, word, clause, sentence or provision shall be supplied by inference. Amendment. This Agreement may not be amended or terminated except by an instrument signed by all parties to this Agreement. Entire Agreement This Agreement reflects the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection herewith. Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall be construed as one and the same instrument. BALANCE OF PAGE INTENTIONALLY BLANK Schertz - Agreement Between City of Schertz and Green Valley Special Uti... WHEREFORE, this Agreement is executed this day of 2014, at , Texas. SCHERTZ: City of Schertz By: _ Name: Title: John C. Kessel City Manager GREEN VALLEY: Green Valley Special Utility District By: _ Name: Title: ACKNOWLEDGED AND AGREED TO BY: Parklands Subdivision Property Owner By: _ Name: Title: Schertz - Agreement Behveen City of Schertz and Green Valley Special Uti... EXHIBIT "A" Schertz - Agreement Between City of Schertz and Green Valley Special Uti... EXHIBIT "B" Schertz - Agreement Between City of Schertz and Green Valley Special Uti. EXHIBIT "C" Schertz - Agreement Between City of Schertz and Green Valley Special Uti... w s ,rr F+ Ll�, \\ J Z N ~ O �O r+ - S:v N lv �1 vN \• \\ � N N � W��C r+ p � •� N r+ N 00 C pip � p \ O C� ►~+`'S`r �"�� pr 1 N O is 0� a rem B V N ON 1 �G� O O N pop f+ \, N N �� O N N m N 00 C pip � p \ O C� ►~+`'S`r �"�� pr 1 N O is 0� a rem B CITY COUNCIL MEMORANDUM City Council Meeting: March 18, 2014 Department: Public Works Agenda No. 3 Subject: Resolution No. 14 -R -24 — A Resolution by the City Council of the City of Schertz, Texas approving and authorizing an agreement for a Public Utility Easement and Temporary Construction Easement along Maske Road from the Estate of Betty Joe Boggess in connection with the Maske Road Waterline Project, and other matters in connection therewith BACKGROUND No waterline exists on Maske Road. The City of Schertz is in process of constructing the Soccer Complex on Maske Road that requires water service. Public Works also needs to extend a water line from the high pressure zone to the 20" water line that delivers water to Universal City to improve the flow. Council approved a contract with Ford Engineering on June 11, 2013 for engineering and design services for the project. The City negotiated with the Estate of Betty Joe Boggess for the Public Utility Easement and Temporary Construction Easement that is needed to install this waterline. Goal To accept the Public Utility Easement and Temporary Construction Easement Agreement with the Estate of Betty Joe Boggess to construct a 12" waterline on Maske Road. When the 12" waterline on Maske Road is complete, water mains and water meters will be placed along Maske Road and water service will be provided to the Soccer Complex and other properties along the roadway with improved flow to the Universal City transmission line. Community Benefit Provide adequate water service and pressure to properties located on Maske Road and improve the water flow to the Universal City transmission line. Summary of Recommended Action Staff recommends Council approve the Resolution approving the Public Utility Easement Agreement and Temporary Construction Easement with the Estate of Betty Joe Boggess related to the Maske Road Waterline Project. FISCAL IMPACT The fiscal impact will be approximately $3,200 to be paid for from the Maske Road Project. 1 KI 1/7� VU1.*L17:W1310 Staff recommends Council approve Resolution 14 -R -24. ATTACHMENTS Resolution No. 14 -R -24 City Council Memorandum Page 2 Public Utility Easement Agreement and Temporary Construction Easement with the Estate of Betty Joe Boggess RESOLUTION NO. 14 -R -24 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN AGREEMENT FOR A PUBLIC UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ALONG MASKE ROAD FROM THE ESTATE OF BETTY JOE BOGGESS IN CONNECTION WITH THE MASKE ROAD WATERLINE PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an agreement for a Public Utility Easement and Temporary Construction Easement with the Estate of Betty Joe Boggess (collectively, the "Grantors "), in the form attached hereto as Exhibit A (the "Agreement "); and WHEREAS, the City needs to acquire the Public Utility Easement and Temporary Construction Easement in connection with the construction of a waterline along Maske Road; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the Grantors pursuant to the Agreement and to accept the Public Utility Easement and Temporary Construction Easement in accordance with the terms of the Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS NU Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the Grantors in substantially the form set forth on Exhibit A and to accept the Public Utility Easement and Temporary Construction Easement in accordance with the terms of the Agreement. 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 18th day of March, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A PUBLIC UTILITY EASEMENT AGREEMENT A -1 EXHIBIT B LEGAL DESCRIPTION OF THE PUBLIC UTILITY EASEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. PUBLIC UTILITY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF GUADALUPE GRANT OF EASEMENT: Estate of Betty Joe Boggess, 2550 Betty Joe Lane, Schertz, Guadalupe County, Texas ( "Grantor "), for the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, does hereby grant, sell and convey unto THE CITY OF SCHERTZ, TEXAS, a Texas home -rule city, with offices located at 1400 Schertz Parkway, Schertz, Texas 78154 ( "Grantee "), an easement and right -of -way ( "Easement ") upon and across approximately 0.34 acres, located in Guadalupe County, Texas, and which is more particularly described on Exhibit "A ", attached hereto and incorporated herein by reference ( "Easement Tract "), TO HAVE AND TO HOLD the same perpetually to Grantee and its successors and assigns, together with the rights, and privileges and on the terms and conditions set forth below; and Grantor, subject to the Exceptions, to Warranty, does hereby covenant and agree to WARRANT AND FOREVER DEFEND title to the Easement herein granted, unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Terms and Conditions: The following terms and conditions apply to the Easement granted by this agreement: 1. Definitions. For the purposes of this grant of Easement certain terms shall have the meanings that follow: (a) "Holder" shall mean Grantee and Grantee's heirs, successors and assigns who at any time own any interest in the conveyance is subject to the terms of this agreement. (b) "Permitted Improvements" shall mean landscaping or planting of vegetation; but shall not mean driveway. Sidewalks, parking facilities or other impervious cover, or the construction of a building or structure unless such installation or construction is approved in writing by the City Manager or the City Manager's designee. (c) "Public Utility" shall mean water utilities. 2. Character of Easement. The Easement granted herein is "in gross," in that there is no "Benefitted Property." Nevertheless, the Easement rights herein granted shall pass to Grantee's successors and assigns, subject to all of the Terms hereof. The Easement rights of use granted herein are nonexclusive and irrevocable. The Easement is for the benefit of Holder. 3. Purpose of Easement. The Easement shall be used for public utility purposes, including placement, construction, installation, replacement, repair, maintenance, relocation, removal, and operation of public utility facilities and related appurtenances, or making connections thereto. The Easement shall also be used for the purpose of providing access for the operation, repair, maintenance, replacement and expansion of the public utility facilities and related appurtenances. 4. Term. Easement shall be in perpetuity unless relinquished or abandoned by ordinance or resolution by Grantee. 5. Reservation of Rights. Holder's right to use the Easement Property is nonexclusive, and Grantor and Grantor's heirs, successors, and assigns retain the right to use all or part of the Easement Property in conjunction with Holder as long as such use by Grantor and Grantor's heirs, successors, and assigns does not interfere with the use of the Easement Property by Holder for the Easement Purpose. Specifically, Grantor shall not construct any building, structure or obstruction on the Easement Property. Grantor's right to use the Easement Property includes the installation of Permitted Improvements and the right to convey to others the right to use all or part of the Easement Property in conjunction with Holder, as long as such further conveyance is subject to the terms of this agreement; and provided such further conveyance is approved in writing by Holder through its City Manager.Any improvement made by Grantor (Permitted Improvement) must comply with applicable ordinances, development codes and engineering guidelines of the City of Schertz. 6. Secondary Easement. Holder has the right (the "Secondary Easement" or "Temporary Construction Easement ") to use the surface of the 25 foot wide area adjacent to the Easement Property, and is more fully described in Exhibit "B ", to assist in the initial installation and as may be reasonably necessary to maintain, repair and replace the Facilities within the Easement Property of the Facilities within the Easement Property. However, Holder must promptly restore the area of the Temporary Construction Easement to its previous physical condition if changed by use of the rights granted by this Secondary Easement. 7. Improvement and Maintenance of Easement Property. Subject to the provisions of Section 8., immediately below, improvement and maintenance of the Easement Property and the Facilities will be at the sole expense of Holder. Holder has the right to eliminate any encroachments into the Easement Property. Holder has the right to construct, install, maintain, replace, and remove the Facilities under or across any portion of the Easement Property. All matters concerning the Facilities and their configuration, construction, installation, maintenance, replacement, and removal are at Holder's sole discretion, subject to performance of Holder's obligations under this agreement. Holder has the right to remove or relocate any fences or other encroachments within the Easement Property or along or near its boundary lines if reasonably necessary to construct, install, maintain, replace, or remove the Facilities. Holder will also replace to their original condition any landscaping, driveways or parking areas that were in existence prior to the granting of the Easement Property and are damaged in connection with the work. 8. Maintenance of Surface Easement Property /Permitted Improvements. Notwithstanding any contrary provision, Grantor shall retain the obligation to maintain the surface of the Easement Property, including the obligation to regularly mow or cut back vegetation and to keep the surface of the Easement Property free of litter, debris, or trash. 9. Equitable Rights of Enforcement. This Easement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by this agreement; provided, however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 10. Attorney's Fees. If.either party retains an attorney to enforce this agreement, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 11. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. 12. Choice of Law. This agreement will be construed under the laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the county or counties in which the Easement Property is located. 13. Counterparts. This agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 14. Waiver of Default. It is not a waiver of or consent to default if the non - defaulting party fails to declare immediately default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. 15. Further Assurances. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement. 16. Integration. This agreement contains the complete agreement of the parties and cannot be varied except by written agreement of the parties. The parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this agreement. 17. Exceptions to Warranty. This grant is subject to any and all encumbrances and easements of record, to the extent the same are valid and enforceable. 18. Legal Construction. Any provision in this agreement is for any reason unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. This agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language. 19. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 20. Recitals /Exhibits. Any recitals in this agreement are represented by the parties to be accurate, and constitute a part of the substantive agreement. All exhibits referenced herein are attached hereto and incorporated by reference herein for all purposes. 21. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the party to be charged. IN WITNESS WHEREOF, this instrument is executed this day of , 2014. GRANTOR: ESTATE OF BETTY JOE BOGGESS By 912-7, ,ice (Grantor's Signature) Z—�,b e l– (!�r eu 5� (Printed Name) GRANTOR: AGREED AND ACCEPTED: CITY OF SCHERTZ, TEXAS, a Texas home -rule municipality By: John C. Kessel, City Manager ATTEST: Brenda Dennis, City Secretary THE STATE OF TEXAS § COUNTY OF 9U&L, nn )) ,,,, This instrument was acknowledged before me on �J , 2014, by an individual residing in aWyCounty, Texas. (seal) ry P Not ublic Signatu e THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on , 201_, by John C. Kessel, City Manager of the City of Schertz, Texas, a Texas home -rule municipality, on behalf of said municipality. Notary Public Signature (seal) EXHIBIT "A" EASEMENT TRACT EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT TRACT ryTI, FORD ENGINEERING, INC. Date: November 05, 2013 Page I of 2 Project No: 1124.91 Project Name: Maske Rd. Waterline FIELD NOTES DESCRIPTION 0.34 ACRES (14,697.2 sq. ft.) Utility Easement A 0.34 Acre (14,697.2 sq. ft.) Utility Easement situated in the Torbio Herrera League No. 68, Abstract No. 153 and being a portion of the remainder of that certain 44.6264 acre tract conveyed to Betty Joe Boggess in a Special Warranty Deed Recorded in Volume 1080, Page 400 of the Official Public Records of Guadalupe County, Texas; being more particularly described as follows: BEGINNING: at a '/2 inch iron rod found on the Northwestern line of Maske Road (R.O.W. Varies) for the Southwestern corner of a 7.783 acre tract conveyed to Jon P. Chalker et al in Volume 2628, Page 1 of the Official Public Records of Guadalupe County, Texas, the Southeastern corner of the remainder of the said 44.6264 acre tract, for a corner of this easement; THENCE: S 59 °22'26" W — 914.90 feet along Northern line of said Maske Road, the Southern line of the remainder of the said 44.6264 acre tract to a '/2 inch iron rod with yellow plastic cap marked "Ford Eng Inc" set for the Southwestern corner of the remainder of the said 44.6264 acre tract, the Southeastern corner of that certain 10.38 acre tract conveyed to the City of Schertz in Volume 2113, Page 243 of the Official Public Records of Guadalupe County, Texas, for a corner of this eaement; THENCE: N 85 °26'38" W — 27.19 feet along the Western line of remainder of the said 44.6264 acre tract, the Eastern line of the said 10.38 acre tract to a '/z inch iron rod with yellow plastic cap marked "Ford Eng Inc" set for a corner of this easement; THENCE: N 59'21'12" E — 941.54 feet across the remainder of the said 44.6264 acre tract to a %2 inch iron rod with yellow plastic cap marked "Ford Eng Inc" set on the Eastern line of the remainder of the said 44.6264 acre tract, the Western line of the said 7.783 acre tract, for a corner of this easement; THENCE: S 15 °11'52" E — 16.60 feet along the Eastern line of the remainder of the said 44.6264 acre tract, the Western line of the said 7.783 acre tract to the POINT OF BEGINNING and containing 0.34 acres (14,697.2 sq. ft.) of land, according to a survey made on the ground under my supervision; 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940 1- 800 - 332 -3109 Web Site: www.fordengineering.com TBPE No. F -1162 FORD ENGINEERING Page 2 of 2 Corresponding plat prepared. 112491 Boggess Utility Esmt.docx INC. BEARINGS ARE BASED ON LAMBERT GRID, TEXAS STATE PLANE ��Q' ® r1k" � COORDINATES, SOUTH CENTRAL ZONE NAD 83193, . ...:........................... REXI- HACKETT ......v... .,, 5573 �,g9�FfS51��'4 "v0 Rex ClIackett Registered Professional Land Surveyor License Number 5573 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940 1- 800 - 332 -3109 Web Site: www.fordengineering.com TBPE No. F -1162 0 Lu 41 :46 boo C 0:,:� U 0 \ \ } �j C9 cL, \ \\ \ < _ M •} \ \ \ = j yO� ANN \ N ZN .� F vooZ.. .3 d 3 o a A 0 c 2 y � � n 0 J 0& dv 7 \ \ \ W�<Z ta:2; sue, (niE(nUQ ^�3 Lj sma m ° N a \\ °6S xZ (NO ~(n LL- O�pm ZZmLLI r6, ?�� 7sc9� \ 1 =�z�OO?I,I Cl' 's C) Of D O w Z d mw nNsoo CD m in °vr. \ aLL- o o °who o¢ 0 \ O o0 WI LIS Vj P•1i• IS O \ O W \\ 24k Imp \\ 3 El N \J \ p Lu Q y Q w \ \ Ir 96 m 'oo 0 \ � a II o ■ a U ' cn / 'OSO'/ / U Z � � W o m rW r Ft D z p� E2 O Z z a z O O A QG• � FORD ENGINEERING., INC. Date: February 04, 2014 Project No: 1124.91 Page 1 of 2 Project Name: Maske Rd. Waterline FIELD NOTES DESCRIPTION 0.552 ACRES (24,040.5 sq. ft.) 25 feet Temporary Construction Easement A 0.552 Acre (24,040.5 sq. ft.) 25 feet Temporary Construction Easement situated in the Torbio Herrera League No. 68, Abstract No. 153 and being a portion of the remainder of that certain 44.6264 acre tract conveyed to Betty Joe Boggess in a Special Warranty Deed Recorded in Volume 1080, Page 400 of the Official Public Records of Guadalupe County, Texas; being more particularly described as follows: BEGINNING: at a '/2 inch iron rod with yellow plastic cap marked "Ford Eng Inc" set on the Western line of a 7.783 acre tract conveyed to Jon P. Chalker et al in Volume 2628, Page 1 of the Official Public Records of Guadalupe County, Texas, the Eastern line of the remainder of the said 44.6264 acre tract, the Northeastern comer of a permanent water line easement, this day described, for a comer of this easement, from which a '/2 inch iron rod found on the Northwestern line of Maske Road, for the Southeastern corner of the remainder of the said 44.6264 acre tract, the Southwestern corner of the said 7.783 acre tract bears S 15 °11'52" E —16.60 feet; THENCE: S 59'21'12" W — 941.54 feet across the remainder of the said 44.6264 acre tract to a '/2 inch iron rod with yellow plastic cap marked "Ford Eng Inc" set on the Western line of the remainder of the said 44.6264 acre tract, the Eastern line of that certain 10.38 acre tract of land conveyed to the City of Schertz in Volume 2113, Page 243 of the Official Public Records of Guadalupe County, Texas, for the Southernmost Northwestern comer of the said permanent water line easement, this day described, for a comer of this easement, from which a'/2 inch iron with yellow plastic cap marked "Ford Eng Inc" set on the Northwestern line of said Maske Road, for the Southwestern corner of the remainder of the said 44.6264 acre tract, the Southeastern comer of the said 10.38 acre tract bears S 85 °26'38" E — 27.19 feet; THENCE: N 85 °26'38" W — 2.13 feet along the Western line of remainder of the said 44.6264 acre tract, the Eastern line of the said 10.38 acre tract to a comer of this easement; THENCE: along the Western line of remainder of the said 44.6264 acre tract, the Eastern line of the said 10.38 acre tract a Curve to the right having a Delta angle of 05 °24'26 ", a Radius of 409.25 feet, an Are length of 38.62 feet and a Chord bearing of N 82 038'30" W — 38.61 feet to a comer of this easement; 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940 1- 800 - 332 -3109 Web Site: www.fordengineering.com TBPE No. F -1162 J 1� FORD ENGINEERING, INC. Page 2 of 2 THENCE: N 59'21'12" E — 980.61 feet across the remainder of the said 44.6264 acre tract to a point on the Eastern line of the remainder of the said 44.6264 acre tract, the Western line of the said 7.783 acre tract, for a corner of this easement; THENCE: S 15 °11'52" E — 25.94 feet along the Eastern line of the remainder of the said 44.6264 acre tract, the Western line of the said 7.783 acre tract to the POINT OF BEGINNING and containing 0.552 acres (24,040.5 sq. ft.) of land, according to a survey made on the ground under my supervision; Corresponding plat prepared. 112491 Boggess 25ft Temp Const Easement.docx BEARINGS ARE BASED ON LAMBERT GRID, TEXAS STATE PLANE COORDINATES, SOUTH CENTRAL ZONE NAD 83193, �Pt G 0 ER �xq� R (6 L. Hacke *H" "C"REfT Registered Professional Land Surveyor •• 5573 . _ �Y ; J License Number 5573 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 QW) 590 -4777 FAX: 590 -4940 1- 800 - 332 -3109 Web Site: www.fordengineering.com TBPE No. F -1162 m z 0 N io tn C V O 2 i kO m 1 0n D O ry O y p••�L J n Q z (J� �o m Q > �� m p Cp O— iaoZON m cZi d 0 C: > = X (D CO< znCim-<<n•D CTJ z;u0C-0m -4 -4n m p O z O�MODo 22o 12 Z O-Om� PCnO C "? NOO C�C,�2n z _ �z 3 Z CDNp �omI cn i pm oZ U) J0 � m M � O m' �O ADC --I m 4 o 2 D - Lo Zn�l y r NNW � ch �o �l _ f O P. � '. �: Ho�t�il L, � Zo n R'm< NZPCc: j y y coC�A7rnNC OA � D N O O 0 �aD—M yN O m Z v / co Rl m no no g r m �4.a \ 2 a s r N ��"' oa�o a H �P g °IS� oho Al c� s2�� oe,, ✓� -0 o g O F'CA \ ODX� N G 'p, "'o p, `a` �l`�0 02 •O� rya \s p 6'� 9c 'yam ��°�c� • �cJl P \ A` O G o t� y `Q� N \ a 8 t1a, Not �oZ om zi o \\ o .e r- 2 O r n n Z W C m m CIO zm W D �00DOOX cncn�6,n rn O N r rn Ci W z N QO m� _ O D N N cn y (o W D CNJi -pt z m cn o I Im 00 cn C N ou Ui C4 N 00 r*m l m � J O cD O oZ � V � NWD mD> nm PNM 0 City Council Meeting: Department: Subject: BACKGROUND Agenda No. 4 CITY COUNCIL MEMORANDUM March 18, 2014 Engineering Resolution 14 -R -27 — A Resolution by the City Council of the City of Schertz, Texas, in support of the future construction of a highway overpass at Country Club Drive and Interstate Highway 35 and other matters in connection therewith. Since the change of the IH 35 frontage road between FM 1103 and Schwab Road from two -way traffic to one -way traffic, citizens of Schertz have expressed a desire to have an overpass constructed across IH 35 at Country Club Drive. Drivers in the vicinity of that intersection who want to travel south on IH 35 currently have to drive more than two and one half miles to change direction from north to south. The location of an overpass at that spot would provide improved traffic flow and a less impeded traffic pattern for a substantial number of drivers in the vicinity. The Engineering Department will be contracting with a professional engineering consultant during this year to perform an update of the City's Master Thoroughfare Plan. The update will address changes to align the plan with the recently adopted comprehensive Sector Plan as well as addressing transportation facility needs, costs, and benefits across the City. Transportation projects including a potential overpass, construction of a free - flowing north -to -south turnaround on the IH 35 frontage road at Schwab Road, alternative routes, and others will be considered and prioritized on a City -wide basis. Public and Council input will be solicited during the thoroughfare plan update process. Once a plan update is adopted, funding sources will be sought for construction of infrastructure identified as high priority. Goal The goal of the resolution is to publicly express the support of the City Council for the consideration of future construction of a highway overpass over IH 35 at Country Club Drive. 50077367.2 Community Benefit The benefit to the community of the resolution is to demonstrate to the public that the Council recognizes the benefits of construction of the overpass and to ensure that a project will be thoroughly evaluated along with other identified potential transportation improvement projects during the thoroughfare plan update process. Construction of the overpass would improve traffic flow and save significant travel time and distance for a large number of drivers needing to go south on IH 35 travelling from Northcliffe and surrounding communities. Summary of Recommended Action Approve Resolution 14 -R -27 in support of future construction of an IH 35 highway overpass at Country Club Drive. FISCAL IMPACT No City fiscal impact is directly tied to the Resolution. If the City identifies the overpass as a high priority and submits it as a project to be included in a future San Antonio Bexar County Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP), the fiscal impact could be 20 percent or more of the cost of engineering and constructing the overpass (participation amount greater than $3 million). RECOMMENDATION City Staff recommends approval of Resolution 14 -R -27. ATTACHMENT(S) Resolution No. 14 -R -27 50077367.2 RESOLUTION NO. 14 -R -27 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, IN SUPPORT OF THE FUTURE CONSTRUCTION OF A HIGHWAY OVERPASS AT COUNTRY CLUB DRIVE AND INTERSTATE HIGHWAY 35 AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, citizens of the City of Schertz have expressed a desire for the construction of a highway overpass at Country Club Drive from the north -bound frontage road to the south -bound frontage road of Interstate Highway 35 (IH 35); and WHEREAS, the City Council of Schertz wishes to request that the Texas Department of Transportation (TXDoT) evaluate the need for construction of such overpass to provide improved traffic flow and less impeded traffic pattern for the substantial number of drivers needing to go south who currently have to travel more than two and one half miles to change direction from north to south; and WHEREAS, the City will be undertaking the task of updating its Master Thoroughfare Plan within the current year; and WHEREAS, a highway overpass at Country Club Drive and IH 35 will be considered and prioritized among other potential City transportation improvements during the Master Thoroughfare Plan update process. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: 1. City Council of Schertz requests that TXDoT evaluate the need for construction of a highway overpass at Country Club Drive and IH 35, to provide improved traffic flow and a less impeded traffic pattern for a substantial number of drivers in the vicinity. 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. 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. 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 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. 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. 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 18th day of March, 2014 CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: March 18, 2014 Department: Economic Development Subject: Ordinance No. 14 -R -14 Consideration and /or action approving an Ordinance approving a budget adjustment in connection with the Development Agreement GE Oil & Gas Inc. (FinalReading) BACKGROUND History: On February 4, 2014, the City Council approved Resolution 14 -R -14 which approved the Development Agreement, GE Oil & Gas Inc. (the "Agreement "). Under the Agreement the City agreed to construct, or cause to be constructed, an extension of David Lack Drive as described in the Agreement. The SEDC approved up to $200,000 for the project. Proposed Action: The proposed Ordinance authorizes the transfer of $200,000 from the Development Incentive Fund to a separate account for the project. This fund will be used to expenses costs associated with the extension of David Lack Drive. City Council approved this on first reading at their meeting of March 11, 2014. FISCAL IMPACT The SEDC will pay approximately $200,000 for the construction of the David Lack Drive extension. SEDC BOARD RECOMMENDATION The SEDC Board met on February 27, 2014 to consider the proposed the budget adjustment request for the Development Agreement, GE Oil & Gas Inc. A motion was made by Ms. Scott and seconded by Ms. Kiser to approve the Ordinance as presented. The motion passed unanimously (7 -0). STAFF RECOMMENDATION Staff recommends approval of the budget adjustment and approval of final reading. ATTACHMENT(S) Ordinance No. 14 -T -13 ORDINANCE NO. 14 -T -13 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE DEVELOPMENT INCENTIVE FUND FOR THE DEVELOPMENT AGREEMENT, GE OIL & GAS INC. INCENTIVE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 13 -T -34, the City of Schertz (the "City") adopted the budget for the City for the fiscal year 2013 -2014 (the `Budget), which provides funding for the City's operations throughout the 2013 -2014 fiscal year; and WHEREAS, Resolution 14 -R -14 approved a Development Agreement with GE Oil & Gas Inc. (the "Development Agreement ") and authorized the infrastructure incentive to construct, or cause to be constructed, an extension of David Lack Drive as defined in the Development Agreement; and WHEREAS, the City needs to adjust the Budget to use up to $200,000 for the Development Agreement by transferring $200,000 from the Development Incentives Fund to a new fund designated for the Development Agreement; and WHEREAS, the Schertz Economic Development Corporation Board of Directors met on February 27, 2014 to recommend the transfer of funds for the Development Agreement; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve transfer of funds for the Development Agreement; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the Development Incentive Fund to a new fund designated for the Development Agreement, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget and shall use $200,000.00 from the Development Incentive Fund to a new fund designated for the Development Agreement. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 11th day of March, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the 18th day of March, 2014. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor -2-