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15-R-07 - Carolina Crossing South HOA10, R_1G11V41 RESOLUTION NO. 15 -R- 07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CAROLINA CROSSING SOUTH HOMEOWNERS ASSOCIATION FOR THE PURPOSE OF TRAFFIC CONTROL, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Carolina Crossing South is a private gated community in the City of Schertz, Guadalupe County, Texas, generally located at 3567 Peachtree Lane, off Savannah Drive, between Schertz Parkway and Inglewood Drive and containing a total of one hundred and three (103) residences; and WHEREAS, the Carolina Crossing South Home Owners Association is the owner of the private streets in Carolina Crossing South and is responsible for the maintenance thereof; and WHEREAS Texas Transportation Code Section 542.008, (the "Statute ") as amended, authorizes a municipality to extend certain road regulations to within certain private subdivisions; and WHEREAS, the Statute applies to a subdivision in which the roads are privately owned or maintained, and to a municipality with a population of three hundred (3 00) or more; and WHEREAS, the Statute authorizes, on petition of twenty -five percent (25 %) of the property owners residing in a subdivision, the governing body of the municipality to extend by ordinance any traffic rules that apply to a road owned by the municipality, or by the county in which the municipality is located, to the roads in the subdivision so that the roads of the subdivision are under the same traffic rules, if the governing body of the municipality finds the ordinance in the interest of the municipality generally; and WHEREAS, pursuant to the Statute, at least twenty -five percent (25 %) of the property owners residing in Carolina Crossing South together with the governing body of the Association, have petitioned the City to enforce the traffic rules and laws related to the operation of motor vehicles on public thoroughfares of the City on the Private Streets and to obtain the patrol presence of the City Police Department for the health, safety, and welfare of the City's citizens residing in Carolina Crossing South (the "Petition "), said Petition being attached hereto as Exhibit "A "; and WHEREAS, the Owners and the Association acknowledge and agree that enforcement of the requests set forth in the Petition are subject to the passage of an ordinance by the City Council of the City stating that the Private Streets are to be considered to be public streets for the purposes of the application and enforcement of specified traffic rules and is further subject to an agreement being executed between the City and the Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: I . That the Petition is hereby accepted by the City Council. 2. That the City Manager is hereby authorized to execute an agreement detailing the obligations of the Association regarding payment and liability for traffic enforcement. 3. That this resolution shall be in force and effect from and after its final passage, and is so resolved. PASSED AND ADOPTED, THIS J DAY OF JANUARY�, 2015. CITY 0— CTJEkTZ, TEXAS - c ael R. Carpenter, Mayor ATTE�T: -- r Brenda Dennis, City Secretary (CITY SEAL) -2- Exhibit "A" [COPY OF SIGNED PETITION] -3- PETITION FOR CITY OF SCHERTZ POLICE PATROL AND ENFORCEMENT IN GATED COMMUNITY OF CAROLINA CROSSING SOUTH STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS. COUNTY OF GUADALUPE § WITNESSETH: VnIEREAS, Carolina Crossing South ("Carolina Crossing South') is a private gated community in the City of Schertz, Guadalupe County, Texas, ('Qt ") generally located at 3567 Peachtree Lane, off Savannah Drive, between Schertz Parkway and Inglewood Drive and containing a total of one hundred and three (103) residences; and WIJEREAS, Carolina Crossing South Homeowners' Association (the "Association") is the owner of the private streets in Carolina Crossing South (the "Private Streets ") and is responsible for the maintenance thereof, and WHEREAS, the Owners (as hereinafter defined) and the Association acknowledge that Carolina Crossing South is a subdivision within the City limits of the City and in accordance with the Texas Transportation Code Section 542.008, as amended (the "Statute "), the Association seeps to cause the traffic rules and laws related to operation of motor vehicles on public thoroughfares of the City to apply to the Private Streets in Carolina Crossing South; and WHEREAS, the Statute applies to a subdivision in which the roads are privately owned or maintained, and to a municipality with a population of three hundred (300) or more, and WHEREAS, the Statute authorizes, on petition of twenty -five percent (25% o) of the property owners residing in a subdivision, the governing body of the municipality to extend by ordinance any traffic rules that apply to a road owned by the municipality, or by the county in which the municipality is located, to the roads in the subdivision so that the roads of the subdivision are under the same traffic rules, if the governing body of the municipality finds the ordinance in the interest of the municipality generally; and WIffiREAS, pursuant to the Statute, at least twenty -five percent (25 %) of the property owners residing in Carolina Crossing South (collectively, the "Owners "), together with the governing body of the Association, desire to petition the City to enforce the traffic rules and laws related to the operation of motor vehicles on public thoroughfares of the City on the Private Streets and to obtain the patrol presence of the City Police Department for the health, safety, and welfare of the City's citizens residing in Carolina Crossing South; and WHEREAS, the Owners and the Association acknowledge and agree that enforcement of the requests set forth in this Petition for City of Schertz Police Patrol and Enforcement in Gated Community of Carolina Crossing South (the "Petition ") are subject to the passage of an ordinance (the "Ordinance ") by the City Council of the City (the "City Council ") stating that the 50556696.3 - 1 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South Private Streets are to be considered to be public streets for the purposes of the application and enforcement of specified traffic rules; and WHEREAS, the Owners and the Association acknowledge that if the City Council chooses to act on this Petition, the Owners and the Association may be required to enter into an agreement in the form of the Traffic Enforcement Agreement (Carolina Crossing South) set forth on Exhibit "A' attached hereto and incorporated herein for all purposes (the "Agreement'), as such form may be amended following City Council's receipt and review of this Petition, with the City setting forth the terms and conditions upon which the traffic rules that apply in the City shall apply in Carolina Crossing South, and in that event, said agreement shall be an exhibit to the Ordinance. NOW, THEREFORE, this Petition is submitted to comply with the Statute and to request that the City Council accept the Petition and find that it is in the best interest of the City to draft and approve an ordinance authorizing the City to apply the City's traffic rules and laws related to operation of motor vehicles on public thoroughfares of the City to the Private Streets. PETITION Pursuant to, the Statute, the Owners and the Association petition the City as follows: 1. General Nature of Requested Service: The Owners and the Association petition the City to direct the City's Police Department to provide law enforcement to Carolina Crossing South for the purposes of patrol, enforcement of traffic control, and laws related to operation of motor vehicles, investigation of criminal activity, and deterrence of criminal activity in the violation of City and State laws within the jurisdiction of the City's Police Department for the health, safety, and welfare of the City citizens residing in Carolina Crossing South. 2. Satisfaction of Conditions Precedent: (a) The Statute applies to a subdivision in which the roads are privately owned or maintained. The Private Streets are privately owned and maintained by the Association. (b) The Statute applies to a municipality with a population of three hundred (300) or more, and the City is a municipality with a population of more than three hundred. (300). (c) The Statute requires this Petition be made by either at least twenty -five percent (25 %) of the property owners residing in Carolina Crossing South or the governing body of the entity that maintains the Private Streets. The Owners and the Association have jointly submitted this Petition. Each Owner executing this Agreement covenants that he /she is the legal fee simple owner (and not a renter) 50556696.3 -2- Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South r' of the property address listed by his /her name on the signature pages to this Agreement. 3. Municipality May Extend Services: The Statute provides that the governing body of the municipality may extend by ordinance any traffic rules that apply to a road owned by the municipality, or by the county in which the municipality is located, to the roads in the subdivision so that the roads of the subdivision, such as Carolina Crossing South, are under the same traffic rules, if the governing body of the municipality finds the ordinance in the interest of the municipality generally. 4. Traffic Rules Sought to Be Extended: The Owners and the Association seek to extend all traffic rules of City thoroughfares similar to those within Carolina Crossing South to the Private Streets, including, but not limited to: (a) Speed limit of 20 mph; (b) Vehicle registration and inspection laws; and (c) Traffic rules and laws regarding speed, signal indicators, stop signs, parking, and similar traffic laws. In compliance with the Statute, this Petition specifies the traffic rules that are sought to be extended. The Owners and the Association request that the City extend all of such requested rules to the Private Streets for the safety, health, and welfare of the City's citizens residing in Carolina Crossing South, 5. Traffic Enforcement Agreement: The Owners and the Association desire to enter into the Agreement with the City. 6. Lack of Necessity for Payment of Costs of Police Service: The Owners and the Association seek no different enforcement or service than that made available and provided to all other citizens and taxpayers of the City, and pursuant to the Statute. While the City may require that owners of property in the subdivision pay all or part of the cost of extending and enforcing the traffic rules in the subdivision, there should be no additional cost than that borne for any other citizen. Accordingly, the Association petitions that no additional charges be imposed for the provision of the police service in accordance with the agreement between the Association and the City. 7. Proposed Method of Enforcement: If -the City Council passes an Ordinance, the Owners and the Association acknowledge that the Private Streets will be considered to be public streets for purposes of the application and 50556696.3 -3 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South enforcement of the specified traffic rules. The Owners and the Association will comply with all City requests for placement of necessary official traffic control devices on property abutting the ' Private Streets if those devices relate to a specified traffic rule and are either located on property owned by the Association or one of the Owners, the consent of the owner of that property (if not owned by the Association or one of the Owners) is obtained, or an easement is available for the placement of the device. 8. Execution: This Petition is made and executed by the Owners and an authorized representative of the Association. 9. Submission of Petition: This Petition will be filed with the City Secretary's office, The Owners and the Association submit this Petition and request that the City Council grant all matters requested herein and pass an appropriate ordinance of the City consistent with this Petition and the laws of the State of Texas and the City, [The remainder of this page intentionally left blank] 50556696.3 - 4 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South below. The undersigned has executed this instrument as of the date of the acknowledgement ASSOCIATION: a lV v lg By ilvtt� GGsn Nam : ,�- `�,,�y Title:'res THE STATE OF TEXAS § COUNTY OF ftOAG § This instrument was ackno l dd�ed before me on the �!)ay of�jQ r 201' by Yh th _t'Y Q51 �2.Y1� of raf 01\ yW (X64GM- a Y )X OW YV,!5 M ,&%I , on behalf of said 0oft OWYIeM5 (SEAL) R::AH ONZAL EZ 00000 Notary Public StateafTexas mm. Exp.10.31- Q16 50556696.3 Notary Public in and for The State of Texas My Commission Expires: - 5 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South r� PETITION CONFIRMED BY GIS DEPARTMENT AND MAP IDENTIFYING SIGNATURES -7- The undersigned have executed this instrument as of the dates set forth below. Each person signing this instrument below covenants that he /she is the legal fee simple owner (and not a renter) of the property address Iisted by his /her name. Printed Marne Signature Property Address Phone Number Date I,ol4ws mil, y'7 d6A % Rq c -e /V. 5663 peuchfteC- 0005 - 101d, i )06v,) D loin kx,6 c'-JIVjt,ie AqwOoT PL 10123 ] ` + R , 701 101111, 50556696.3 - 6 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South The undersigned have executed this instrument as of the dates set forth below. Each person signing this instrument below covenants that he /she is the legal fee simple owner (and not a renter) of the property address listed by his /her name. Printed Tame Signature Property Address Phone Number Date &IZA -16-M $4604 3548 SAeA- O(^A ?6skec' Zia -3 try oo27 Z. 23 Af lgr,041rne 1� ��o �,�� �� 96 4 &0 ' AN U5�/��rr�Sf4 J � � %-RA E C \6 so t� '3�5+s `� \i;� «ct i qc r W �LSot� rl�- ��-�:. �t✓�e.� �.3 oc7 �� Ssa c t l+.st `'" ". l �Y r v�� � ' -�oC 0 3 1 a c� 503566963 - 6 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South Carolina Crossing Homeowners Association, n EMBED WordYicWW -6 4 KNOW ALL AWN By 7CHEW PRESMq S,. which the undersigned owner in the Carolina Crossing Homeowners Association, Inc., does hereby constitute and appoint Sir ai- --S-" s3 ���51 i as my Proxy to act on my behalf at the Annual Membership Meetings, to be .held October 23, 2014, and all reeonveni� thereof- My Proxy shall have full authority to vote upon any and all matters that may be presented at said Meetings, as fully and with the same effect as if the undersigned had been present at said Meeting, and I hereby ratify and confam all that my Proxy may cause to be done by virtue of this instrument, This proxy its irrevocable except by actual notice by the undersigned to the secretary of the Association or to the officer presiding Over the 3VJ[�eetkW that it is revoked. Unless sooner ten ninated, this Proxy shall terminate automatically upon the final adjournment of the Annual Meetings for which it is given EXECUTED this _ day of 6 C -Q i7� f - , 2014_ I L �l 2 -\ Lo, D_ tom: i J s . : t # Owner's Name (Printed) Store of Owner Revised January 9, 2014 Homeowners Association, Inc. EH KNOW ALL MEN BY THESE PRESENTS, which the undersigned owner in the Carolina Home - er Associati no does hereby constitute and appoint Secretary or my Proxy to act on my behalf at the Annual LIMA Membership Meetings, to be he1d. October 23, 2014, and all reconvenings thereof., My Proxy shall have full authority to vote upon any and all matters that may be presented at said Meetings, as fully and with the same effect as if the undersigned had been present at said Meeting, and I hereby ratify and confirm all that my Proxy may cause to be done by virtue of this instrument. This proxy is irrevocable except by actual notice by the undersigned to the Secretary of the Association or to the officer presiding over the Meetings that it is revoked. Unless sooner terminated, this Proxy shall terminate automatically upon the final adjournment of the Annual Meetings for which it is given. EXECUTED ibis y of , 2014. koUWame Printe" 1 e of Owner er s 0 ed) The undersigned have executed this instrument as of the dates set forth below. Each person signing this instrument below covenants that he /she is the legal fee simple owner (and not a renter) of the property address listed by his /her name. Printed Name Signature Property Address Phone Number Date 2 0l � r =ct - G -e_ 067 POt t-t Z�51( �E,c� G r p o -77 3 A oll-z Y illt), a) C l a� MVOI� V `�A f 6 ?��512 -cc Ent ( �74J tj 5 r , �i"zj -9 -7 So �'Awh P 50556696.3 - 6 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South i OWNERS SIGNATURE PAGE TO PETITION FOR CITY OF SCHERTZ POLICE PATROL AND ENFORCEMENT IN GATED COMMUNITY OF CAROLINA CROSSING SOUTH The undersigned have executed this instrument as of the dates set forth below. Each person signing this instrument below covenants that he /she is the legal fee simple owner (and not a renter) of the property address listed by his /her name. Printed Name Signature Property Address Phone Number Date 4 50556696.3 - 6 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South 17394______32 1- Kenneth J. Mamot 3528 Hamilton PI No 17380 18 1 Thomas M. Lake 3516 Saratoga PI No 17460 25 2 Robert S. Crow 3512 Sherman Dr. No 17377 15 1 Michelle D. Porter 3528 Saratoga PI No 17392 30 1 Joseph M. Hymer 3529 Hamilton PI No 17426 64 1 Richard G. Patterson 3533 Peachtree Ln No 17454 19 - 2 Ingrid Torres 3509 Piedmont PI No 17459 24 2 Steven Icke 3508 Sherman Dr. No 17409 47 1 Thomas A. Doskal 3532 Piedmont PI No 17382 20 1 Elizabeth Sabeh 3508 Saratoga PI No 17436 1 2 Victoria L. Panzer 3540 Peachtree Ln No 17389 27 1 Danielle R. Griffin 3517 Hamilton PI No _ _ 17388 26 1 John P. Ostrowski 3513 Hamilton Pf No 17405 43 1 Beuford H. Gibson 3548 Piedmont PI Yes 173.9.7 35 1 Gayla Wilson_ 3516 Hamilton PI Yes 17461 26 2 Ricardo Santini 3516 Sherman Dr. No 17421 59 1 Ronald L. Fosmire 3513 Peachtree Ln No 17444 9 2 Robert Bell 3525 Saratoga PI No 17364 2 1; Larry W. Young 3573 Peachtree to No 17418 56 1 Farrel J. Bordelon 3501 Peachtree Ln No 17420 58 1 Mabel Avila 3509 Peachtree Ln No 17415 1 Ralph B. Miller 3508 Piedmont PI No w 17400 _53 38 1 -- Allan M. Beardsley 3504 Hamilton PI No- 17398 36 1 Claudette S. Barnett 3512 Hamilton PI No 17401 39 1 Timothy C Jacobs 3500 Hamilton PI No 17402 40 _ 1 Kerry W. Eberhard 3560 Piedmont PI No 17448 13 2 Kurt M. Schoenberger 3509 Saratoga PI'- No 17429 67 1 John H. Bucldev 3545 Peachtree Ln No by Proxy 2 Signatories 26 25.2% Total Petitioners 28 27.2% Total Properties (Unit 1) 103 w 2.16 >Vi CO LL 9 BALl��VItA phi `p n t U O O Cl cl N N ��.. G 0 o j m LO 0 CL 1171 I 1A (13, v IV C7 ire { D� 1� f 3F r a 38 r �`�✓� Ll L cc} ,`- •alaa�z T 1 �`t'� tae u 6 #�i2 sj �.F Y�„y� A � n,ao 2�a j'�l +ice` ►� .� Li�i