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11-17-2015 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL November 17,2015,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Sc hertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a tea Call to Order — City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Thompson) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait/B. Cantu) • Announcements and recognitions by City Manager (J. Kessel) Presentation • Presentation of the 2015 American Planning Association — Texas Chapter Planning Commissioner Award. (B. James /L. Wood) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of'Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 11 -17 -2015 Council Agenda Workshops • Discussion regarding the Schertz Chamber of Commerce Funding. (Item requested by Mayor Carpenter and Councilmember Azzoz) • Discussion regarding unimproved Park property generally at the Southwest Corner of FM 3009 and Wiederstein Road. (B. James /C. Van Zandt) • Discussion regarding the language change on items to be placed on a future City Council Agenda by Mayor and Council. (Councilmember Azzoz) 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 November 10, 2015. (J. Kessel /B. Dennis) 2. Ordinance 15 -S -39 — Consideration and /or action approving an Ordinance upon a request for a Specific Use Permit to allow an Automotive Repair and Service, Major located at 1000 FM 3009, Schertz Texas. Final Reading (B. James /L. Wood /B. Cox) Discussion and Action items 3. Consideration of bids relating to the Sale of Obligations designated as "City of Schertz, Texas General Obligation Refunding Bonds, Series 2015"; Consideration and approval of Financial Advisor's recommendation concerning this matter; and other matters in connection therewith. (J. Kessel /J. Santoya/M. McLiney /A. Friedman) 4. Ordinance No. 15 -B -37 - Consideration and approval of an Ordinance by the City Council of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas General Obligation Refunding Bonds, Series 2015 ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a Paying Agent /Registrar Agreement, an official bid form, and an escrow deposit letter; complying with the letter of representations on file with the Depository Trust Company; and providing an effective date. First and Final (J. Kessel/J. Santoya /M. McLiney /A. Freidman) 5. Ordinance No. 15 -M -40 — Consideration and /or action approving an Ordinance ordering and declaring the 2015 Charter Amendments Adopted. First Reading (B. Dennis /C. Zech) 6. Ordinance No. 15 -M -41 — Consideration and /or action approving an Ordinance adopting criminal penalties for violation of the City Charter. First Reading (B. Dennis /C. Zech) 11 -17 -2015 City Council Agenda Page - 2 - 7. Resolution No. 15 -R -106 — Consideration and/or action approving a Resolution authorizing the City Manager to approve certain waivers of potential conflicts of interest in representation by the City Attorney when the interests of the City are not prejudiced. (C. Zech) 8. Resolution No. 15 -R -92 — Consideration and /or action approving a Resolution authorizing an Interlocal Cooperation Act agreement between the City of Schertz and the Lone Star Rail District (LSRD). (B. James) 9. Resolution No. 15 -R -96 — Consideration and /or action approving a Resolution approving and adopting the Joint Land Use Study. (B. James) Roll Call Vote Confirmation Requests and Announcements 10. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 11. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. 12. 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 Executive Session 13. City Council will meet in closed session under section 551.074 Evaluations of the City Manager. Reconvene into Regular Session 13a. Take any necessary action based on discussions held in closed session under Agenda Item number 13 including possible increase in salary. 11 -17 -2015 City Council Agenda Page - 3 - Roll Call Vote Confirmation Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 13th DAY OF NOVEMBER 2015 AT 11:00 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. greKAR Devklvklis Brenda Dennis, City Secretar 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 2015. 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 Mayor Carpenter Mayor Pro -Tem Fowler — Place 1. Audit Committee Interview Committee for Boards and Commissions Interview Committee for Boards and Commissions Schertz Housing Board Liaison Investment Advisory Committee Randolph Joint Land Use Study (JLUS) Executive TIRZ II Board Committee 11 -17 -2015 City Council Agenda Page - 4 - 11 -17 -2015 City Council Agenda Page - 5 - Schertz Seguin :Local Government Corporation Councilmember Azzoz — Place 2 Councilmember John — Place 3 Animal Control Advisory Committee Lone Star Rail District Sweetheart Advisory Committee Councilmember Edwards — Place 4 Councilmember Thompson Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 11 -17 -2015 City Council Agenda Page - 5 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: November 17, 2015 Department: Subject: City Secretary Minutes The City Council held a Regular meeting on November 10, 2015. WLTG • �On None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of November 10, 2015 Minutes — Regular meeting of November 10, 2015. MINUTES REGULAR MEETING November 10, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November 10, 2015, 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 Pro -Tem Fowler Councilmember Daryl John Councilmember Robin Thompson Staff Present: Executive Director Brian James Executive Director Bob Cantu Deputy City Secretary Donna Schmoekel Mayor Carpenter was absent. Cali to Order — City Council Regular Session Mayor Pro -Tem Fowler called the meeting (Councilmember Edwards) Councilmember Grumpy Azzoz Councilmember Cedric Edward: City Manager John IK;:essel Executive Director Dudly,Wait City Atto riey Charles Zeeh 6:01 p.m. Councilmember Edwards also asked for a moment of silence in observance of Veterans Day tomorrow. Councilmember Edwards provided the ,opening prayer followed by the pledges of allegiance to the flags ofth United States and the State of Texas. Mayor Pro -Tern 'Fowler recognized the following, Boy Scouts who were in the audience this evening stating that:each were working on their, Citizenship in the Community merit badge: • Kyle Tarrillion - Troop 51 • Ben Reeder - Troop 34 Each Boy Scoutsood to be Events and • Announcements of upcoming City Events (B. James/D. Wait/B. Cantu) Mayor Pro -Tem Fowler recognized Executive Director Brian James who provided the following announcements: • Wednesday, November 1.1, Veterans Day Holiday -City Closed, also a Veterans Day ceremony will be occurring at the Veterans Memorial Plaza at 9:00 a.m. 11 -10 -2015 Minutes Page - 1 - • Thursday, November 12, Northeast Partnership Meeting, Olympia Hills Golf and Event Center, 11:30 a.m. • Friday, November 13, Annual Schertz Chamber of Commerce Membership Appreciation & Awards Banquet, Schertz Civic Center, 6:00 p.m. -11:00 p.m. • Monday, November 16 — Special Called City Council Meeting, canvassing of the election results of the November 3, 2015 election and swearing in ceremony of the newly elected Council Members, 6:30 p.m. • Tuesday, November 17, Chamber Luncheon, Schertz Civic Center 11:30 a.m. SAVE THE DATE: • Friday, December 4, City Council Team Building Retreat, 8:00 a.m. -4:00 p.m. Location to be determined. Please respond your attendance to the City Secretary's Office. Mr. James also stated that the City initially no 2015007 to rezone approximately 7.5 acres of lz Drive. Planning and Zoning did not act on this if you are attending this evening regarding th Zoning Commission on November 18, 2015 to Council. Last thing is that you may have not are having some problems here in th but the Doc Cam and computer is not ,d a public hearing for ",4 zoning case ZC- off the frontage road of H 35 and Cabana t is not coming forward yet. fe stated that Y se, this has to go back to Planning and considered and it will then come back to • Announcements and recognitions by City Manager (J. Mr. 'R:essel also welcomed back Officers Gregg Flowers and Officer Johnathan Patrick who returned to the City — welcome home. Mayor Pro -Tet Fowler congratulated the three re- elected councilmember incumbents and as already mentioned. "we will be swearing them in on Monday, November 16, 2015. Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person shouldfill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. 11 -10 -2015 Minutes Page - 2 - All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. No one spoke. 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 and removed from the Consent Agenda upon the request of the Mayor or a ClO ncilmember. 1. Minutes - Consideration and /or action regarding the approval of the minutes Hof the Regular Meeting of October 27, 2015, and approval of amended minutes of the Joint Meeting with Planning and Zoning for Septembers 15s 2015. (J. Kessel /B. "j)ennis) 2. Ordinance No. 15 -D -35 — Consideratic City Code of Ordinance by revising Sri Schwab Road from FM 482 to 500 Woodlee /C. Palomo) The 1 trig pan Ordinance amending the the Vehicular Weight Limit on Final Reading (B. James /K. AN ,ORDINAI CE BY THEI CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86 -54, VEHICULAR WEIGHT LIMITS ON ROADWAYS MAINTAINED BY THE CITY OF SCHERTZ; AND PROVIDING AN EFFEECTIVE DATE. 3. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees — Consideration and /or action regarding the resignation of Mr. Walter Turk from the Historic Preservation Committee. (B. Dennis /Mayor /Council) 4. Cancellation of the November 24, 2015 City Council Meeting — Consideration and/or action cancelling the meeting of November 24, 2015, due to Thanksgiving week. (J. Kessel /Mayor /Council) Mayor Pro -Tem Fowler recognized Councilmember Azzoz who moved, seconded by Councilmember Thompson to approve the consent agenda items 1 -4. The vote was 11 -10 -2015 Minutes Page - 3 - unanimous with Mayor Pro-Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Discussion and Action items 5. Application for Landmark or Heritage Neighborhood Designation — Consideration and/or action approving a designation request for Landmark Property Designations for properties located at 539 Main Street, 707 Main Street and 711 Main Street, Schertz Texas. (13. James/D. Weirtz) Mayor Pro-Tern Fowler recognized Chair of the Hist( Weirtz who also congratulated the re-elected Coun( background information regarding the three propertie; Committee is recommending to Council this evening. properties at 539, 707 and 711 Main Street as L� Designation of Landmark Properties and Heritage Nei Unified Development Code (UDC) establishes ,"the requJi property as a Landmark Property. The properties bein Main, 707 Main and 711 Main Street. These 'p'roi'crt Historical Preservation Committee (SHPQ and were',r SHPC on October 22, 2015. ?reservation Committee Dean hers. Mr. Weirtz provided h' the. Historical Preservation stated the designation of the k Pro I pertics. Section 21.4.9 ioods of the =City of Schertz' and procesg, f(),r a. designating signating I , 11 1 )sed for designation are 539 e nominated by the Schertz ,nded for designation by the The following was read into record: RESOLUTION NO. 15-R-103 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING TWO SEPARATE INTERLOCAL AGREEMENTS, ONE WITH BEXAR COUNTY AND ONE WITH REGION 14 EDUCATION SERVICE CENTER, FOR COOPERATIVE PURCHASING SERVICES, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Pro-Tem Fowler recognized Purchasing and Asset Manager Jessica Kurz who stated the purpose of cooperative purchasing groups is to obtain the benefits and efficiencies that can 11-10-2015 Minutes Page - 4 - accrue to members, comply with State bidding requirements, and identify qualified vendors of commodities, goods, and services. The City of Schertz currently utilizes several major purchasing cooperatives. Authority for such services is granted under Texas Government Code §§ 791.001 et seq as amended. Cooperative Purchasing Services under this agreement are extended to all Texas State, City or County Government Agencies, or any other Local Government Entity as defined in the Texas Government Code§ 791.003. Additionally, Subchapter F, Chapter 271.102 of the Texas Local Government Code, "Cooperative Purchasing Program Participation," provides that a local government may participate in a cooperative purchasing program with other local, governments or a local cooperative organization established to provide local governixents access to contracts with vendors for the purchase of materials, supplies, services or eggipment. Simply, purchasing cooperatives allow for substantial savings to be realized by volume purchasing of specific commodity items. The City of Schertz desires to enter into agreements with both Bexar County and Region 14 Education Service Center to participate in purchasing cooperatives. The agreements will allow the City to ride contracts with a large network of participating vendors. Region 14 Education Service Center has a contract with the National Coo erative Purchasing Alliance (NCPA) to provide cooperative purchasing opportunities to public and nonprofit agencies nationwide. The City has reviewed the benefits: of participating in these cooperatives and has concluded that the programs will provide the best value to the taxpayers through the anticipated savings to be realized. [,,,Cooperative Purchasing Alliance (NCPA), via the agreetent with Bexar County, for every 1 pay an administrative fee of $100.00 to the proval of Resolution 15 -R -103 to authorize c Region 14 Education Service Center for r Pro -Tens Fowler recognized Councilmember Thompson who moved, seconded by cilmember Edwards to approve Resolution. No. 15 -R -103. The vote was unanimous Mayor Pro -Tem' Fowler, Councilmembers Azzoz, John, Edwards and Thompson :for and no one voting no. Motion passed. 7. Ordinan 15 -S -39 — Conduct a public hearing and consideration and /or action approving an Ordinance upon a ;request for a Specific Use Permit to allow an Automotive Repair and pg Service, Major, ideated at 1000 FM 3009, Schertz Texas. First Reading (B. James /L. Wood /B. Cox) Mayor Pro -Tem Fowler recognized Senior Planner Lesa Wood who stated Mark Roberts Properties, Inc. is requesting a Specific Use Permit to allow the use of Automobile Repair and Service, Major at 1000 FM 3009 more specifically described as Lot 5, Block 1 of the Mark Roberts 11I Subdivision, which is located approximately 235 feet south of the FM 3009 and Silvertree Blvd. intersection. The proposed development includes a 5,880 square foot building that includes office space, eight (8) service bays and a canopy. The subject property is currently zoned General Business (GB). 11 -10 -2015 Minutes Page - 5 - The public hearing notice was published in "The Daily Commercial Recorder" and the "Herald ". Twenty -four (24) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on September 11, 2015. At this time staff reports that eleven (11) responses have been received; four (4) in the notice area and seven (7) outside the notice area. Res onse Notice Area Outside Notice Area Opposed 3 4 Neutral 1 1 Favor 0 2 Comments received on the notice of public hearing in the notice area are as follows: • Joshua Stanley, 1000 Silvertree Blvd. (opposed) - l believe it property value. Will increase noise, dirt & dust and look bad, • James Montalbo, 1204 Spicewood (opposed) —,Traffic & was Comments received on the public hearing the notice area are as follows: • Linda Krumm, 1204 Dove Meadow neighborhood which is not intended • Michael & Ashley Hill, 1032 Wellb residences, there are Businesses on Comments hearing are • Linda Krumm, 12 • September 23, 2015 would concerns. property owners outside — Oppose, will ',increase traffic through our be an eye sore so close to and Zoning Commissioner meeting public on increasing traffic and decrease of property ✓lark Roberts, the propetty:,owner, commented that 90% of the automobile work being at this site wohldbe general repair work which would be considered Automobile Repair ervice. Minor. The Planning and Zoning Commission held a public hearing on September 23, 2015 where the request was tabled,by the Commission to allow staff to gain a legal interpretation related to modifications /conditions on the permit. The City Attorney reviewed the regulations provided in the TDC related to the request and determined that the Planning and Zoning Commission and City Council have the discretion to add conditions which limit the types of automotive work allowed on the site if the conditions are mitigating potential adverse impacts on the adjacent neighborhood and increasing compatibility with surrounding land uses. Mark Roberts Properties, Inc. is requesting a Specific Use Permit to allow Automobile Repair and Service, Major at 1000 FM 3009. It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. IMPACT ON EXISTING ADJACENT DEVELOPMENT: The subject property is adjacent to the Silvertree Subdivision to the East; Guadalupe River Nursing & Rehabilitation 11 -10 -2015 Minutes Page - 6 - to the south; FM 3009 /Greenfield Village Subdivision to the west and Kids Dental to the north. The comprehensive land use plan identifies this area as multi - family residential which is intended for apartment buildings, assisted living facilities and low intensity commercial uses. This property is zoned General Business (GB) which is intended to provide suitable areas for development of non - residential uses which offer a wide variety of retail and service establishments oriented toward service the overall needs of the entire community. The proposed land use is compatible with the existing commercial land uses in the area from (Silvertree Blvd. to Borgfeld Rd.) which include a daycare; medical offices; convenience store with gas pumps; automobile repair; and a carwash. SITE PLAN: The applicant is proposing to construct a 5,880 square foot building with a detached canopy on approximately 1 acre of land. • Architectural Standards: Section 21.9.5 Exterior all non - residential buildings to meet the n articulations and percentage of windows and dour; with the Exterior Construction and Design, $tar constructed of 100% stone and stucco with the fry doors. • Parking: The site has thirty one (3 1) parking spa( as handicap parking which exceeds the minimum one (1). • Screening requirements: The site has satisfied adjacent to or separated by a local street fromt masonry fence. Additionally, the trash receptacle gates that meets the minimum screening requiremf The proposed build ard. The building gn standards requires `quirements, facade ng elevations comply and canopy will be of 30°o windows and two (2) spaces are designated lards for the proposed use by the minimum requirements for screening L' lot zoned residential by installing an 8' will "be constructed of masonry with metal • Lighting and glare stan ftds: The applicant will be responsible for complying with Section 21.9.11 Lighting and Glare standards at the tine ,of building permit. A note has been placed on the site plan. • Landscaping: The UDC requires that non - residential development adjacent to right -of -way regnit s aLandscape buffer, A total of eleven (11) new shade trees will be planted on the lot; trees will be planted along the FM 3009 right -of -way at a ratio of one (1) tree per twenty (20) fect and along SiIveree Blvd: '(ljaeent to residential) at a ratio of one (1) tree per thirty (30) linear feet. Shrub screening will be planted adjacent to all vehicle use areas along FM 3009 as well,as along the masonry fence on Silvertree Blvd. The remaining landscaped area will be grass sod: All landscaping will be watered by an automatic irrigation system. • Access and circulation: The site is accessed through two driveways, one shared driveway on FM 3009 and the other on Silvertree Blvd. Two (2) fire lanes have been provided to provide emergency veh "le ' access. The existing shared driveway on FM -3009, shown on the site plan, was approved by TxDOT and constructed with the adjacent Kid Dental. • Utilities and Drainage: The site will be served by Schertz water and sewer, GVEC, Center Point Energy, AT &T, and Time Warner. This site will drain into an on -site detention pond areas. CONDITIONS OF THE REQUESTED SPECIFIC USE PERMIT: The proposed Automobile Repair and Service, Major will be subject to the provisions of the Unified Development Code (Ordinance 11 -S -15, as amended) with the following conditions to mitigate potential adverse impact on the adjacent neighborhood and increase compatibility: 11 -10 -2015 Minutes Page - 7 - a) No wrecker or towing service with on -site storage of vehicles; collision services including body, frame, or fender straightening or repair; customizing or painting; vehicle steam cleaning; tire treading; muffler services; upholstery shop; insurance estimations with on -site storage; undercoating and rust proofing, and other similar uses. Additionally, the Specific Use Permit will be conditioned upon the following occurring: d the public hearing on September 23, 2015 ition of approval by a unanimous vote with ., Maior would be defined as follows: or reconditioning of engines, air - conditioning ;les. Dispensing or sales of automobile fuels, nd automobile accessories; the minor repair or pections and making minor repairs necessary to Window tinting; and the sales and installation of Use Permit request as presented. Tem Fowler opened the public hearing and recognized the following who spoke: • Mr. David Richmond, 2921 Bent Tree Drive, who stated as Chair of the Planning and Zoning Commission they had concerns with the definitions but they believe they will be addressed as, they continue to revise the UDC. In working with Mr. Roberts they certainly agreed with him in taking the functions contained in the first sentence under the major definition which would be less harmful to the nearby residences and other more serious automobile repairs contained in the rest of the definition of major. He stated later on what they will probably recommend is to change the definition to make the minor category of automobile repair clearly still minor, and then buy and add those things from major. In doing so, this time we feel we will have accomplished what Mr. Roberts has designed and approve it and recognize the concerns of the residents in both Dove Meadows and Greenfield Village expressed at their public hearing. 11 -10 -2015 Minutes Page - 8 - • Mr. Robert Brockman, 1000 Elbel Road, who addressed concerns of the traffic patterns which will have an entrance off FM 3009 and exist on Silvertree Blvd, stating the traffic will be going out the backside and that is what individuals are concerned about. He also stated that he did not believe that Mr. Roberts is going to replace his present facility but that he is adding on to it. • Mr. Mark Roberts, 4300 Spanish Oaks, who spoke about the traffic pattern existing into the neighborhood and that it was designed by TxDOT and not by them. He stated that when they did the original design with Kids Dental, they did the whole curb cut in conjunction with them and that was done when they platted the property. TxDOT only gave them an entrance into the property and told them that they were going to have to exit onto Silvertree. He stated that no matter what goes into this area they are going to be required to exit onto Silvertree. He stated that they acre not a high traffic or high volume business for that facility. Mr. Roberts atso addressed concerns on the noise and he can assure them that today's shops are snot like in the past. Their tools use very little air and that is normally where the noise would be; they use battery operated tools and other battery equipment. The reason they are building the 8 foot wall is because it is a requirement for them being up I against`�a subdivision and obviously they will be landscaping it. They are keeping their current facility. Mayor Pro -Tem Fowler closed the public hearing for Council comments. Mayor Pro -Tem Fowler recognized Councilmember zzoZ who commented t h the exiting concerns that were addressed and answered by Mr. Roberts. He commented on thi6impact of the noise concern regarding the equipment to be used stating that the-noise will be minimal as the equipment has improved from the past. He stated that he is excited that he is expanding his business. Mayor Pro -Tem I line on the proper yes, the pipeline approve the right- I that man) 's business Jer recognized Councilmember Edwards who asked if there was a gas and was it natural gas ?'. In answer to Councilmember Edwards question, es ex*,, and it limits th&, "development of that property. TxDOT did irid right -, i t area and the City is approving the curb cut at the rear of the ty purposes to allow adequate for fire safety. Councilmember Edwards ;hem know his children and that all of his vehicles have been going to wite sortie time and he is happy to approve this. wanted., to Anow how know if do the other a fence is notrequirei facility. Howev r,' fl side, so there is a bars asked ° about the fence between the business and Silvertree and [h the fence will be. In answer, it will be 8 feet high. He wanted to c would there be a fence or would there be a line of trees? In answer, or commercial so there will not be a fence between Silvertree and this back of the property is a solid wall and the bays are on the opposite r just from the building itself. Mayor Pro -Tem Fowler recognized Mr. Mark Roberts who came forward stating that on the side where the bays are there is a wrought iron fence. There is enough screening there with trees from Kids Dental and we felt it was not going to be an issue. There is also wrought iron fencing around the whole shop area. The 8 foot masonry fence is only along the backside of the property. Mayor Pro -Tem Fowler was just concerned with the noise especially if the bay doors were open toward Silvertree. Mr. Roberts stated that if you look at his facility today they have never had a noise complaint as they are a collision repair facility; the kids at the day care center next door, when playing outside, are noisier than his shop. 11 -10 -2015 Minutes Page - 9 - Mayor Pro -Tern Fowler recognized Councilmember Azzoz who moved, seconded by Councilmember John to approve Ordinance 15 -5 -39 first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Pro -Tem Fowler recognized Deputy City Secretary Donna Schmoekel who provided the roll call votes for agenda items 1 through 7. Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee • New Departmental initiatives Mayor Pro -Tem Fowler recognized City Manager =John Kessel who stated Council has received information on the upcoming retreat on December 41 2015, and they have received in their e -mail a request from Roy Davis of Davis Success. Solutions, the teambuilding questionnaire and he would request evcryone,fake the time to fill4tout and return it. He also stated that on Thursday city staff will be doing a similar retreat where they will be filling out a similar questionnaire. If you do not have this e -mait l se let him know. 9. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should 'a, Council Member oppose placement of the requested item on a future agenda, the, Mayor; without allowing discussion, shall ask for the consensus ­`of the other 'City Council members to place or not place the item on a future 1lyor Pro -Tem Fowler recognized Councilmember Thompson who proposed for a future agena that they produce an ordinance or addition to the election code to require any and all election. "signs to be placed within the City limits or ETJ only with written permission of the property 'owner and that any candidate be prepared to produce such written permission if asked. Deputy City Secretary Donna Schmoekel asked what time frame he wanted this item? Councilmembef Thompson stated sometime before the next election. Mr. Kessel stated that we would get back to him regarding the legal details and how this could be implemented. Councilmember Edwards asked if this could be a workshop item at the December 4, 2015 retreat durin� their strategic planning. Mr. Kessel stated that he would rather this not be on December 4t because it is less than a team building issue and more of a technical issue. Mayor Pro -Tem Fowler recognized Councilmember Azzoz who addressed the Item No. 9 language and stated that this is something new and he has looked into this. In the past, we just placed items on the future agenda(s) and we were not asked if another Councilmember opposed the placement of the item nor that it would be asked for a consensus of the Councilmembers that it be placed on the agenda. When he asked the City Secretary today why 11 -10 -2015 Minutes Page - 10 - 10. this language was changed, she provided information from the Mayor through the City Attorney that it was changed. Councilmember Azzoz directed the following question to the City Attorney as follows: Was this asked by the City Attorney, the Mayor, a City Councilmember, or City Staff, to change the language on how we conducted business? City Attorney Charles Zech stated that he would be happy to address his question if we would put it on as a future item to discuss because how or why this was placed on the agenda is not on the agenda tonight for discussion. Councilmember Azzoz stated that this item is already on the agenda. Mr. Zech stated no, it is simply an item and if you want to place an item on an agenda you can do so under this item; this is not a consideration item. We can certainly place for discussion how the language was changed on a future agenda. Councilmember Azzoz agreed to place this on the next agenda for discussion because It is not oorrect. If he wants to put an item on a future agenda he should be able to do so-an4 he would not oppose any Councilmember who wanted to bring an item up for discussion on a future agenda regardless as to what it is. Councilmember Azzoz believes that this is restrictive and we went through a lot to do this unilaterally and he thought the Council wtis the body whiff trade those decisions not anyone else unilaterally who would be able to make a decision on how they operate or how they do business. Councilmember Azzo; requested that he would like t discuss this in detail on this next agenda. Mayor Pro -Tem Fo�?vl r asked for the same thing to he added for the agenda next week. Councilmember Edwards asked for a :point of order in that they were discussing this issue. City Attorney Charles Zech concurred that they were discussing this issue and again this item will be placed on the next agenda for discussion as requested.' Mayor Pro - Terra. Fowler recognized Councilmember Edwards who expressed his gratitude to Brenda Dennis and the whole election department. It was a great election and he believes it speaks for itself Councilmember Edwards also wished to thank Ms. Mommy with First Baptist Church who was the one that invited us over to take part in their Truck or Treat. He stated it was a great event and he really enjoyed it. He stated they also had the best chili in town as D. C. Morgan won the best Chile contest with his venison and hot ghost pepper chili. Councilmember Edwards also commented on the Air Show that Randolph put on; it was another great job by RCAF, Tri- County Chamber and the Schertz Chamber of Commerce as 11 -10 -2015 Minutes Page - 11 - well as a great job by all the other cities. He also mentioned that several officers of our police force were out there assisting and asked the Chief to allow them the opportunity to have a little time off as they were out there for three days. Mayor Pro -Tem Fowler stated that there were several Halloween activities on Halloween night; he mentioned the event at his church, Cibolo Valley Baptist Church, stating that 300 people attended and the City event which was also held that evening. Mayor Pro -Tem Fowler stated that the Air Show at Randolph was the last event to be held due to bird strikes and community building growth in the area. Mayor Pro-Tern Fowler lastly stated that he attended a Human Resource Management Association (SAHRMA), the impact of the total military presence in the area. In s dollar impact in the area, overall it's about 18 billion. items for the operation of the military from the surround elsewhere through the government process. This organi; people, specifically those coming out of the military, and new training courses are being set up to assist them. ` Executive Session Mayor Pro-Tern Fowler moved into executive resin at 7:05 p.m. 11. City Council will meet in closed session,under TeX Deliberation Reaardin Economic Develonment Ne Reconvene into Mayor Pro -Tem Fowler reconvened into-regular session at 7:25 p.m. inarloday with the San Antonio °re etteral LaBrutta spoke about ies alone. it has about a 12 billion they are trying to do is buy more cities instead ,6,f, purchasing from ,n was talking about,how to help (sitioning into civilian life, where Zent Code Section 551.087, - Project E -013. lla. Take any necessary, action based on discussions held in closed session under Agenda Item 11. Jim Fowler, Mayor Pro -Tem ATTEST: Donna Schmoekel, Deputy City Secretary 11 -10 -2015 Minutes Page - 12 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: November 17, 2015 Department: Subject: BACKGROUND Development Services Ordinance No. 15 -S -39 — Conduct a Public Hearing and consideration and /or action on a request for a Specific Use Permit with associated site plan to allow an Automotive Repair and Service, Major at 1000 FM 3009. The property is more specifically described as Lot 5, Block 1 of the .Mark Roberts II Subdivision; City of Schertz, Guadalupe County, Texas; located approximately 235 feet from the intersection of FM 3009 and Silvertree Blvd. (Final Reading) Mark Roberts Properties, Inc. is requesting a Specific Use Permit to allow the use of Automobile Repair and Service, Major at 1000 FM 3009 more specifically described at Lot 5, Block 1 of the Mark Roberts III Subdivision, which is located approximately 235 feet south of the FM 3009 and Silvertree Blvd. intersection. The proposed development includes a 5,880 square foot building that includes office space, eight (8) service bays and a canopy. The subject property is currently zoned General Business (GB). The public hearing notice was published in "The Daily Commercial Recorder" and the "Herald ". Twenty -four (24) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on September 11, 2015. At the time of this staff report eleven (11) responses have been received; four (4) in the notice area and seven (7) outside the notice area. Res onse Notice Area Outside Notice Area Opposed 3 4 Neutral 1 1 Favor 0 2 City Council Memorandum Page 2 Comments received on the notice of public hearing response reply form from property owners in the notice area are as follows: • Joshua Stanley, 1000 Silvertree Blvd. (opposed) - I believe it would negatively affect our property value. Will increase noise, dirt & dust and look bad. • James Montalbo, 1204 Spicewood (opposed) — Traffic & waste concerns. Comments received on the public hearing response reply form from property owners outside the notice area are as follows: • Linda Krumm, 1204 Dove Meadows (opposed) — Oppose will increase traffic through our neighborhood which is not intended for thru traffic. • Michael & Ashley Hill, 1032 Wellbrook (opposed) — I feel this will be an eye sore so close to residences, there are Business on 3009 main. Comments from the September 23, 2015 Planning and Zoning Commissioner meeting public hearing are as follows: • Linda Krumm, 1204 . Dove Meadows, spoke on increasing traffic and decrease of property value. • Mr. Mark Roberts, the property owner, commented that 90% of the automobile work being done at this site would be general repair work which would be considered Automobile Repair and Service, Minor. The Planning and Zoning Commission held a public hearing on September 23, 2015 where the request was tabled by the Commission to allow staff to gain a legal interpretation related to modifications /conditions on the permit. The City Attorney reviewed the regulations provided in the UDC related to the request and determined that the Planning and Zoning Commission and City Council have the discretion to add conditions which limit the types of automotive work allowed on the site if the conditions are mitigating potential adverse impacts on the adjacent neighborhood and increasing compatibility with surrounding land uses. Council approved this on first reading at their meeting of November 10, 2015. Goal Mark Roberts Properties, Inc. is requesting a Specific Use Permit to allow Automobile Repair and Service, Major at 1000 FM 3009. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. City Council Memorandum Page 3 Summary of Recommended Action IMPACT ON EXISTING ADJACENT DEVELOPMENT: The subject property is adjacent to the Silvertree Subdivision to the East; Guadalupe River Nursing & Rehabilitation to the south; FM 3009/Greenfield Village Subdivision to the west and Kids Dental to the north. The comprehensive land use plan identifies this area as multi- family residential which is intended for apartment buildings, assisted living facilities and low intensity commercial uses. This property is zoned General Business (GB) which is intended to provide suitable areas for development of non - residential uses which offer a wide variety of retail and service establishments oriented toward service the overall needs of the entire community. The proposed land use is compatible with the existing commercial land uses in the area from (Silvertree Blvd. to Borgfeld Rd.) which include a daycare; medical offices; convenience store with gas pumps; automobile repair; and a carwash. SITE PLAN: The applicant is proposing to construct a 5,880 square foot building with a detached canopy on approximately 1 acre of land. • Architectural Standards: Section 21.9.5 Exterior construction and Design standards requires all non - residential buildings to meet the minimum masonry requirements, facade articulations and percentage of windows and doors. The proposed building elevations comply with the Exterior Construction and Design standard. The building and canopy will be constructed of 100% stone and stucco with the front fagade consisting of 30% windows and doors. • Parking: The site has thirty one (3 1) parking spaces of which two (2) spaces are designated as handicap parking which exceeds the minimum parking standards for the proposed use by one (1). • Screening requirements: The site has satisfied the minimum requirements for screening adjacent to or separated by a local street from a lot zoned residential by installing an 8' masonry fence. Additionally, the trash receptacle will be constructed of masonry with metal gates that meets the minimum screening requirements. • Lighting and Aare standards: The applicant will be responsible for complying with Section 21.9.11 Lighting and Glare standards at the time of building permit. A note has been placed on the site plan. • Landscaping: The UDC requires that non - residential development adjacent to right -of.- way requires a landscape buffer. A total of eleven (11) new shade trees will be planted on the lot; trees will be planted along the FM 3009 right -of -way at a ratio of one (1) tree per twenty (20) feet and along Silvertree Blvd. (adjacent to residential) at a ratio of one (1) tree per thirty (30) linear feet. Shrub screening will be planted adjacent to all vehicle use areas along FM 3009 as well as along the masonry fence on Silvertree Blvd. The remaining landscaped area will be grass sod. All landscaping will be watered by an automatic irrigation system. • Access and circulation: The site is accessed through two driveways, one shared driveway on FM 3009 and the other on Silvertree Blvd. Two (2) fire lanes have been provided to provide emergency vehicle access. The existing shared driveway on FM- 3009, shown on the site plan, was approved by TxDOT and constructed with the adjacent Kid Dental. City Council Memorandum Page 4 • Utilities and Drainage: The site will be served by Schertz water and sewer, GVEC, Center Point Energy, AT &T, and Time Warner. This site will drain into an on -site detention pond areas. CONDITIONS OF THE REQUESTED SPECIFIC USE PERMIT: The proposed Automobile Repair and Service, Major will be subject to the provisions of the Unified Development Code (Ordinance 11 -S -15, as amended) with the following conditions to mitigate potential adverse impact on the adjacent neighborhood and increase compatibility: a) No wrecker or towing service with on -site storage of vehicles; collision services including body, frame, or fender straightening or repair; customizing or painting; vehicle steam cleaning; tire treading; muffler services; upholstery shop; insurance estimations with on -site storage; undercoating and rust proofing, and other similar uses. Additionally, the Specific Use Permit will be conditioned upon the following occurring: a) A building permit has been approved within one year of the adoption of the Specific Use Permit ordinance; and b) The use has begun operation within two years of the issuance of the necessary building permit. A Specific Use Permit allows for discretionary City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this UDC. Approval of a specific use permit authorizes a property owner to submit subsequent development applications consistent with the approved Specific Use Permit. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on September 23, 2015 and on October 28, 2015 offered a recommendation of approval by a unanimous vote with the condition that Automobile Repair and Service, Major would be defined as follows: An establishment used for general repairs or reconditioning of engines, air - conditioning systems, and transmissions for motor vehicles. Dispensing or sales of automobile fuels, lubricants, and automobile fuel, lubricants, and automobile accessories; the minor repair or replacement of parts and performing State inspections and making minor repairs necessary to pass said inspection; automobile detailing; window tinting; and the sales and installation of automobile radios. Staff recommends approval of the Specific Use Permit request as presented. ATTACHMENT City Council Memorandum Page 5 Ordinance No. 15 -S -39 ORDINANCE NO. 15 -S -39 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ZONING 1000 FM 3009, SCHERTZ, GUADALUPE COUNTY, TEXAS TO ALLOW A SPECIFIC USE PERMIT FOR OPERATION OF AN AUTOMOBILE REPAIR AND SERVICE, MAJOR. WHEREAS, An application for a Specific Use Permit to allow an Automobile Repair and Service, Major at 1000 FM 3009, more particularly described in Exhibit A attached hereto and incorporated herein by reference, as Lot 5, Block 1 of the Mark Roberts III Subdivision (hereinafter, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.1 L.D. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested Specific Use Permit (the "Conditions "); and WHEREAS, on September 23, 2015, . the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, on October 28, 2015 hereby makes a recommendation of approval of a rezoning to allow a Specific Use Permit for an Automobile Repair and Service, Major; and WHEREAS; on November 10, 2015 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning to allow a Specific Use Permit be approved as provided for herein. NOW /' BE IT ORDAINED BY THE CITY COUNCIL OF OF SCHERTZ, TEXAS: THAT: Section 1. 1000 FM 3009, as more particularly described in the attached Exhibit A, is hereby zoned for a Specific Use Permit to allow an Automobile Repair and Service, Major conditioned upon the following to mitigate potential adverse impact on the adjacent neighborhood and increase compatibility: a) That under the terms of the Specific Use Permit, Automobile Repair and Service, Major shall be defined as an establishment used for general repairs or reconditioning of engines, air - conditioning systems, and transmissions for motor vehicles. Dispensing or sales of automobile fuels, lubricants, and automobile fuel, lubricants, and automobile accessories; the minor repair or replacement of parts and performing State inspections and making minor repairs necessary to pass said inspection; automobile detailing; window tinting; and the sales and installation of automobile radios; and, b) That under the terms of the Specific Use Permit, wrecker or towing service with on- site storage of vehicles; collision services including body, frame, or fender straightening or repair; customizing or painting; vehicle steam cleaning; tire treading; muffler services; upholstery shop; insurance estimations with on -site storage; undercoating and rust proofing, and other similar uses are specifically prohibited; and, c) That a building permit has been approved within one year of the adoption of this ordinance; and, d) The use has begun operation within two years of the issuance of the necessary building permit. Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 10th day of November, 2015. PASSED, APPROVED AND ADOPTED on final reading the 17th day of November, 2015. 2014. ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Michael R. Carpenter, Mayor Exhibit A "The Property" See Attached Dye Enterprises Engineers • Surveyors • Planners Texas Registered Firm F -2257 D. Scott Dye, P.E., R.P.L.S. ITV' I 1 1.11 1W.VA LEGAL DESCRIPTION 0.999 ACRE City of Schertz, Guadalupe County, Texas BEING 0.999 of an acre (43,515 sq. ft.) in the City of Schertz, Guadalupe County, Texas, being all of Lot 5, Block 1, Mark Roberts Subdivision III as recorded in Volume 7, Page 525 of the Plat Records of Guadalupe County, Texas; said 0.999 acre tract being more particularly described by metes and bounds as follows with the bearings used being based on the recorded plat of said Lot 5: BEGINNING: At an "X" found in a concrete drive on the east right -of -way line of FM 3009 (Roy Richard Dr. - 120 feet wide) for the northwest corner of this tract and the southwest corner of Lot 6 of said subdivision; THENCE: N 59 °33'43" E, departing said right -of -way line, a distance of 342.30 feet to a 1/2" steel rebar found on the west right -of -way line of Silvertree Blvd. (60 feet wide) for the northeast corner this tract and the southeast corner of said Lot 6, said point being the point of a non- tangent curve to the right having a radius of 326.59 feet, a central angle of 17 °18'07 ", a tangent of 49.69 feet and a chord bearing and distance of S 43 °06'51" E, 98.25 feet; THENCE: With said right -of -way line and the east line this tract, along said curve to the right an arc length of 98.62 feet to a 1/2" steel rebar found with a cap (not legible) for a point of non - tangency; THENCE: S 30 024'03" E, continuing with said right -of -way line and the east line of this tract, a distance of 17.22 feet to a 1/2" steel rebar found with a cap marked "Vickery" for the southeast corner of this tract and the northeast corner of Lot 4, Block 1, Guadalupe River Nursing & Rehabilitation Subdivision as recorded in Volume 6, Page 777 of the Plat Records of said county; THENCE: S 58 049'20" W, departing said right -of -way line, along the common line of this tract and said Lot 4, a distance of 401.53 feet to a 1/2" steel rebar found with a cap marked "Vickery" on the above mentioned right -of -way line of FM 3009, for the southwest corner of this tract and the northwest corner of said Lot 4, said point also being the point of a non- tangent curve to the right having a radius of 2,804.79 feet, a central angle of 02 °32'31 ", a tangent of 62.22 feet and a chord bearing and distance of 12 °53'40" W, 124.42 feet; 4047 Stahl Road, Suite #3 • San Antonio • Texas 78217 Phone (210) 599 -4123 • Fax (210) 599 -4191 dyeenterprises@satx.rr.co Page 2 of 2 0.999 acres THENCE: With said right -of -way line and the west line of this tract, along said curve to the right, an arc length of 124.43 feet to the POINT OF BEGINNING and containing 0.999 of an acre (43,515 sq. ft.) of land. o D. Scott Dye, R.P.L.S. #5315 x x t Job # 110069 -02 Date: July 14, 2015 Z:\2011 \I 10069 -02 Schertz Auto Works (Revised Site PlanfLegal Description\I 10069 -02 Schertz Auto Works - Field Notes.doc 4047 Stahl Road, Suite #3 • San Antonio • Texas 78217 Phone (210) 599 -4123 • Fax (210) 599 -4191 d ey enterprises a,satx.rr.com A CITY OF CIBOLO LEGEND O.P,R. OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY ! D.R. DEED RECORDS OF GUADALUPE COUNTY °mo r \ if P.R. PLAT RECORDS OF GUADALUPE COUNTY B. S, BUILDING SETBACK LINE �o �o ��`�� \o� f ❑T EXISTING TELEPHONE PEDESTAL RO�P0,ycp z O0Py ���`` y UT EXISTING UNDERGROUND TELEPHONE °Py' '(� T,pO� �� OEY i o `cR �` gORGFgLO RO CITY OF mLms� ° e Eoa�oe Flo -� BENCHMARK SCHERTZ ����y�y�Ny�� -- EXISTING FENCE o� CEO _ 1 °° P SITE ` ~`� 0 10 20 40 L EXISTING SANITARY SEWER MANHOLE °'yam° ' �y U C.O. EXISTING SANITARY SEWER CLEANOUT @ EXISTING STORM DRAIN MANHOLE SCALE: 1 = 20 -710- EXISTING CONTOUR qTm v� sTm G��yy m BOG VALLEY° � _ �} EXISTING LIGHT POLE ! T LOCATION MAP NOT TO SCALE EXISTING FIRE HYDRANT f J �i r f l T 1d 0' �T Tv WP EXISTING GAS LINE WARNING PIPE EXISTING CONCRETE EXISTING CONCRETE CURB TRAFFIC FLOW ARROW a PROPOSED CONCRETE PROPOSED CONCRETE CURB PROPOSED SIGN / I / PROPOSED CONCRETE WHEEL STOP f / PROPOSED FENCE SS PROPOSED SANITARY SEWER LINE CO• PROPOSED SANITARY SEWER CLEANOUT W PROPOSED POTABLE WATER LINE \ # / �r .,, . / WV f7 25' ING- 'SS /E,�RESS ESM'T 1J _ �PJ: FIND. - i ` IN CONC. h / / ° / 5' CONCRETE O O / ' c \\ \ a SIDEWALK 3" OAK /' 1 M , ° f, �a �o f t.F �� 5' UTILITY F E T ° 3'R. % <0 7 _ P. R. h �r �° o — o - -- - - --/ - - J 120, SIDEWALKS ° 25' LNG ESS /EGeESS ES 25'R ONE WAY I CANOPY ��� o BRIDGE` 1 7/525 .R. 50'R. , D ;.. ° I m / / Q, 4.8'R. 35.0' co _ J'j z� ° w 5' CONCRETE i ij 2 TfT / j f SIDEWALK w ��j / d /O CONCRETE /' / / a 7' CONCRETE ! / WM / N� - - - -� PAVEMENT // SIDEWALK ° I o O ° -1 WM i - -- - 1�,W_,_ _ -_ O 2 29" PIPES � /WV / EARTHEN 20, m 25' m 20' % ! DETENTION ° -- POND -- -- - - - - -- j a z z Im -- - -m - - - M 1 v" T TXDOT MONUMENT 1 / ON HEADWALL ELEV.= 712.01 ®GV fr' WP / WP 1 -20 "HPGAS- r ND. 1/2" STEEL- °.} 5" TREE REBAR W/ CAP 5" TREE / MARKED "VICKERY" ' did DRCi' INLET Ti' X 12` GRATE INLET N 0 N PGAS N -�WP 5" TREE GRATE: INL_E T CONCRETE PAVEMENT OWNER /APPLICANT: ROBERTS PROPERTIES, INC. 1205 BORGFELD ROAD SCHERTZ, TEXAS 78154 (210) 316 -2573 GENERAL NOTES: 1. ACCORDING TO FLOOD INSURANCE RATE MAP PANEL 48187CO210F, DATED NOVEMBER 2, 2007, THE PROPERTY IS NOT WITHIN THE 100 -YEAR FLOODPLAIN. 2. BOUNDARY, TOPOGRAPHIC AND TREE SURVEY INFORMATION PROVIDED BY DYE ENTERPRISES. 3. UTILITIES SHOWN ARE PER FIELD LOCATES PROVIDED BY THE UTILITY COMPANIES AND THE CITY OF SCHERTZ. CURVE TABLE WV& EXISTING WATER VALVE EXISTING SIGN GV® EXISTING GAS VALVE CURVE RADIUS LENGTH TANGENT DELTA CHDL CHDB Cl 2804.79' 124.43' 62.22' 2 °32'31" 124.42' S1 2 °31'48 "E C2 326.59' 98.62' 49.69' 17 °18'07" 98.25' N42 °44'59 "W f J �i r f l T 1d 0' �T Tv WP EXISTING GAS LINE WARNING PIPE EXISTING CONCRETE EXISTING CONCRETE CURB TRAFFIC FLOW ARROW a PROPOSED CONCRETE PROPOSED CONCRETE CURB PROPOSED SIGN / I / PROPOSED CONCRETE WHEEL STOP f / PROPOSED FENCE SS PROPOSED SANITARY SEWER LINE CO• PROPOSED SANITARY SEWER CLEANOUT W PROPOSED POTABLE WATER LINE \ # / �r .,, . / WV f7 25' ING- 'SS /E,�RESS ESM'T 1J _ �PJ: FIND. - i ` IN CONC. h / / ° / 5' CONCRETE O O / ' c \\ \ a SIDEWALK 3" OAK /' 1 M , ° f, �a �o f t.F �� 5' UTILITY F E T ° 3'R. % <0 7 _ P. R. h �r �° o — o - -- - - --/ - - J 120, SIDEWALKS ° 25' LNG ESS /EGeESS ES 25'R ONE WAY I CANOPY ��� o BRIDGE` 1 7/525 .R. 50'R. , D ;.. ° I m / / Q, 4.8'R. 35.0' co _ J'j z� ° w 5' CONCRETE i ij 2 TfT / j f SIDEWALK w ��j / d /O CONCRETE /' / / a 7' CONCRETE ! / WM / N� - - - -� PAVEMENT // SIDEWALK ° I o O ° -1 WM i - -- - 1�,W_,_ _ -_ O 2 29" PIPES � /WV / EARTHEN 20, m 25' m 20' % ! DETENTION ° -- POND -- -- - - - - -- j a z z Im -- - -m - - - M 1 v" T TXDOT MONUMENT 1 / ON HEADWALL ELEV.= 712.01 ®GV fr' WP / WP 1 -20 "HPGAS- r ND. 1/2" STEEL- °.} 5" TREE REBAR W/ CAP 5" TREE / MARKED "VICKERY" ' did DRCi' INLET Ti' X 12` GRATE INLET N 0 N PGAS N -�WP 5" TREE GRATE: INL_E T CONCRETE PAVEMENT OWNER /APPLICANT: ROBERTS PROPERTIES, INC. 1205 BORGFELD ROAD SCHERTZ, TEXAS 78154 (210) 316 -2573 GENERAL NOTES: 1. ACCORDING TO FLOOD INSURANCE RATE MAP PANEL 48187CO210F, DATED NOVEMBER 2, 2007, THE PROPERTY IS NOT WITHIN THE 100 -YEAR FLOODPLAIN. 2. BOUNDARY, TOPOGRAPHIC AND TREE SURVEY INFORMATION PROVIDED BY DYE ENTERPRISES. 3. UTILITIES SHOWN ARE PER FIELD LOCATES PROVIDED BY THE UTILITY COMPANIES AND THE CITY OF SCHERTZ. ■ 0 CONCRETE CURB a 10' 4" PARKING - STRIPE (TYP.) TYPICAL PARKING SPACE N.T.S. 23} OAK !� 2.5" OAK U E - - - - -- -U E::5 — 342.30 2.5" OAK ; -- l J T - - -- - ° 5' CONCRETE SIDEWALK CITY OF SCHERTZ NOTES: 1. ALL SITE LIGHTING WILL COMPLY WITH ALL THE LIGHTING AND GLARE STANDARDS ACCORDING TO SECTION 21.9.11 AND WILL BE SUBMITTED TO THE CITY FOR REVIEW AT THE TIME THE BUILDING PERMIT APPLICATION IS APPLIED FOR. 2. ALL GREEN SPACE AND LANDSCAPING WILL BE MAINTAINED BY AUTOMATIC WATERING SYSTEM (REF: UDC SEC. 21.9.7.C.8) 3. ALL SIGNS WILL COMPLY WITH THE CITY OF SCHERTZ UNIFIED DEVELOPMENT CODE AT TIME OF SIGN PERMIT. LOT 6 ZONING: 5' CONCRETE BLOCK 1 PROPOSED USE: AUTOMOBILE REPAIR & SERVICE, MAJOR 1.061 ACRES AREA (GROSS S.F.): 5,880 S.F. ZONING: GB HEIGHT (FEET AND NUMBER OF STORIES): 23' -6" F.F. TO TOP OF ROOF, 1 STORY CURRENT USE: DENTAL CLINIC FOOTAGE OF IMPERVIOUS SURFACE: 27,675 S.F / 63.60% (INCL. BLDG.) 15' UTILITY EASEMENT 30 REQ. / 31 PROVIDED NUMBER 7/525 P.R. 2 REQ. / 2 PROVIDED 3" OAK 2,5" OAK N 5 9 p r w W ■ 0 CONCRETE CURB a 10' 4" PARKING - STRIPE (TYP.) TYPICAL PARKING SPACE N.T.S. 23} OAK !� 2.5" OAK U E - - - - -- -U E::5 — 342.30 2.5" OAK ; -- l J T - - -- - ° 5' CONCRETE SIDEWALK CITY OF SCHERTZ NOTES: 1. ALL SITE LIGHTING WILL COMPLY WITH ALL THE LIGHTING AND GLARE STANDARDS ACCORDING TO SECTION 21.9.11 AND WILL BE SUBMITTED TO THE CITY FOR REVIEW AT THE TIME THE BUILDING PERMIT APPLICATION IS APPLIED FOR. 2. ALL GREEN SPACE AND LANDSCAPING WILL BE MAINTAINED BY AUTOMATIC WATERING SYSTEM (REF: UDC SEC. 21.9.7.C.8) 3. ALL SIGNS WILL COMPLY WITH THE CITY OF SCHERTZ UNIFIED DEVELOPMENT CODE AT TIME OF SIGN PERMIT. w N M rn Q SINGLE FAMILY WEB a Z o 0 RESIDENCE p ZONED: (R -2) SINGLE w 14 W Z W FAMILY DWELLING rx N w LOT 27, BLOCK 2 w SILVERTREE PARK #1 x SUBDIVISION Q H FIRE LANE ° o` - -I I - t- -- -I- - - -- - -- LOW FLOW 10 10' N 10' 2g L CHA EL IF 10 10' 10' 10' 10' 10 _ ° NECE SARY \ —� 1:2' 10' GVF:C ( L AUTO RE AIR EX ERI R ROOF D REA I 9 SOLID SCREENING LECTRIC ESM'T. MASONRY DUMPSTER (\ \ ENCLOSURE WALL AT C� 44/351 O.P.R. N 8' HEIGHT WITH SOLID FENCECRETE 140.3' , i METAL GATES. POND SCREENING DETENTION LOT 5, BLOCK 1 ° _ j WALL AT 8' 60' MARK ROBERTS SUBDIVISION III HEIGHT AUTOMOTIVE REPAIR BUILDING 7/525 P.R. Fri (5,880 SF GROSS BUILDING AREA) (0.999 ACRES) 0 10' _ O CONCRETE OR MSU (TYP.) °- 3 BLOCK WALLS (TYP.h 42.1 1000 F.M. 3009 -20 "HPGAS — &-- — S58 °49'20 "W — 401.53' GUADALUPE RIVER NURSING AND REHABILITATION SUBDIVISION 4.884 ACRES LOT 4, BLOCK 1 6/777 P.R- ZONING: GB CURRENT USF: NURSING NOME 175.3' N L1 �T o WP 50' UNITED GAS PIPELINE 256/123 D.R. CONCRETE PAVEMENT WROUGHT IRON FENCE -- -20 "HPGAS TBM #2 -- CHISELED SQUARE IN CONCRETE ELEV.= 707.49 I SITE DATA SUMMARY TABLE ZONING: 5' CONCRETE GB— GENERAL BUSINESS PROPOSED USE: AUTOMOBILE REPAIR & SERVICE, MAJOR BUILDING AREA (GROSS S.F.): 5,880 S.F. BUILDING HEIGHT (FEET AND NUMBER OF STORIES): 23' -6" F.F. TO TOP OF ROOF, 1 STORY SQUARE FOOTAGE OF IMPERVIOUS SURFACE: 27,675 S.F / 63.60% (INCL. BLDG.) TOTAL PARKING (REQUIRED /PROVIDED): 30 REQ. / 31 PROVIDED NUMBER OF HANDICAP SPACES (REQUIRED /PROVIDED): 2 REQ. / 2 PROVIDED w N M rn Q SINGLE FAMILY WEB a Z o 0 RESIDENCE p ZONED: (R -2) SINGLE w 14 W Z W FAMILY DWELLING rx N w LOT 27, BLOCK 2 w SILVERTREE PARK #1 x SUBDIVISION Q H FIRE LANE ° o` - -I I - t- -- -I- - - -- - -- LOW FLOW 10 10' N 10' 2g L CHA EL IF 10 10' 10' 10' 10' 10 _ ° NECE SARY \ —� 1:2' 10' GVF:C ( L AUTO RE AIR EX ERI R ROOF D REA I 9 SOLID SCREENING LECTRIC ESM'T. MASONRY DUMPSTER (\ \ ENCLOSURE WALL AT C� 44/351 O.P.R. N 8' HEIGHT WITH SOLID FENCECRETE 140.3' , i METAL GATES. POND SCREENING DETENTION LOT 5, BLOCK 1 ° _ j WALL AT 8' 60' MARK ROBERTS SUBDIVISION III HEIGHT AUTOMOTIVE REPAIR BUILDING 7/525 P.R. Fri (5,880 SF GROSS BUILDING AREA) (0.999 ACRES) 0 10' _ O CONCRETE OR MSU (TYP.) °- 3 BLOCK WALLS (TYP.h 42.1 1000 F.M. 3009 -20 "HPGAS — &-- — S58 °49'20 "W — 401.53' GUADALUPE RIVER NURSING AND REHABILITATION SUBDIVISION 4.884 ACRES LOT 4, BLOCK 1 6/777 P.R- ZONING: GB CURRENT USF: NURSING NOME 175.3' N L1 �T o WP 50' UNITED GAS PIPELINE 256/123 D.R. CONCRETE PAVEMENT WROUGHT IRON FENCE -- -20 "HPGAS TBM #2 -- CHISELED SQUARE IN CONCRETE ELEV.= 707.49 I --------- - 06 5' CONCRETE a SIDEWALK o ELECTRIC w O L?oo T PARKS & RECREATION DEPARTMENT Ln ® °m FIND. 1 /2„ 0 • 0 00�e m z ®QO ®�® -ld- w,Za =o:00 c';po 0 I° 0 ��•® . can ® �%•° �% co 20 "HPGAS- w W W � o w � H � O U 0 W w F-{ v zz ww 00 U U Ln N .- Q 00 O N w N M rn Q SINGLE FAMILY WEB a Z o 0 RESIDENCE p ZONED: (R -2) SINGLE w 14 W Z W FAMILY DWELLING rx N w LOT 27, BLOCK 2 w SILVERTREE PARK #1 x SUBDIVISION Q H FIRE LANE ° o` - -I I - t- -- -I- - - -- - -- LOW FLOW 10 10' N 10' 2g L CHA EL IF 10 10' 10' 10' 10' 10 _ ° NECE SARY \ —� 1:2' 10' GVF:C ( L AUTO RE AIR EX ERI R ROOF D REA I 9 SOLID SCREENING LECTRIC ESM'T. MASONRY DUMPSTER (\ \ ENCLOSURE WALL AT C� 44/351 O.P.R. N 8' HEIGHT WITH SOLID FENCECRETE 140.3' , i METAL GATES. POND SCREENING DETENTION LOT 5, BLOCK 1 ° _ j WALL AT 8' 60' MARK ROBERTS SUBDIVISION III HEIGHT AUTOMOTIVE REPAIR BUILDING 7/525 P.R. Fri (5,880 SF GROSS BUILDING AREA) (0.999 ACRES) 0 10' _ O CONCRETE OR MSU (TYP.) °- 3 BLOCK WALLS (TYP.h 42.1 1000 F.M. 3009 -20 "HPGAS — &-- — S58 °49'20 "W — 401.53' GUADALUPE RIVER NURSING AND REHABILITATION SUBDIVISION 4.884 ACRES LOT 4, BLOCK 1 6/777 P.R- ZONING: GB CURRENT USF: NURSING NOME 175.3' N L1 �T o WP 50' UNITED GAS PIPELINE 256/123 D.R. CONCRETE PAVEMENT WROUGHT IRON FENCE -- -20 "HPGAS TBM #2 -- CHISELED SQUARE IN CONCRETE ELEV.= 707.49 I --------- - 06 5' CONCRETE a SIDEWALK o ELECTRIC w O L?oo T PARKS & RECREATION DEPARTMENT Ln ® °m FIND. 1 /2„ 0 • 0 00�e m z ®QO ®�® -ld- w,Za =o:00 c';po 0 I° 0 ��•® . can ® �%•° �% co 20 "HPGAS- W w N M rn Q SINGLE FAMILY WEB a Z o 0 RESIDENCE p ZONED: (R -2) SINGLE w 14 W Z W FAMILY DWELLING rx N w LOT 27, BLOCK 2 w SILVERTREE PARK #1 x SUBDIVISION Q H FIRE LANE ° o` - -I I - t- -- -I- - - -- - -- LOW FLOW 10 10' N 10' 2g L CHA EL IF 10 10' 10' 10' 10' 10 _ ° NECE SARY \ —� 1:2' 10' GVF:C ( L AUTO RE AIR EX ERI R ROOF D REA I 9 SOLID SCREENING LECTRIC ESM'T. MASONRY DUMPSTER (\ \ ENCLOSURE WALL AT C� 44/351 O.P.R. N 8' HEIGHT WITH SOLID FENCECRETE 140.3' , i METAL GATES. POND SCREENING DETENTION LOT 5, BLOCK 1 ° _ j WALL AT 8' 60' MARK ROBERTS SUBDIVISION III HEIGHT AUTOMOTIVE REPAIR BUILDING 7/525 P.R. Fri (5,880 SF GROSS BUILDING AREA) (0.999 ACRES) 0 10' _ O CONCRETE OR MSU (TYP.) °- 3 BLOCK WALLS (TYP.h 42.1 1000 F.M. 3009 -20 "HPGAS — &-- — S58 °49'20 "W — 401.53' GUADALUPE RIVER NURSING AND REHABILITATION SUBDIVISION 4.884 ACRES LOT 4, BLOCK 1 6/777 P.R- ZONING: GB CURRENT USF: NURSING NOME 175.3' N L1 �T o WP 50' UNITED GAS PIPELINE 256/123 D.R. CONCRETE PAVEMENT WROUGHT IRON FENCE -- -20 "HPGAS TBM #2 -- CHISELED SQUARE IN CONCRETE ELEV.= 707.49 I --------- - 06 5' CONCRETE SIDEWALK W ELECTRIC w O TRANSFORMER T PARKS & RECREATION DEPARTMENT NO I FIND. 1 /2„ _ STEEL REBAR 0 I° W/ CAP to 20 "HPGAS- DI FND. 1/2" STEEL r- WID r-i 00 REBAR W/ CAP MARKED "VICKERY" I i APPROVAL OF THE CITY OF SCHERTZ THIS SITE PLAN OF SCHERTZ AUTO SERVICE HAS BEEN SUBMITTED TO AND CONSIDERED BY THE CITY OF SCHERTZ DEVELOPMENT REVIEW STAFF, AND IS HEREBY APPROVED ON THIS DAY OF 2015. INSPECTIONS DIVISION PLANNING DIVISION ENGINEERING DEPARTMENT PUBLIC WORKS DEPARTMENT w O FIRE DEPARTMENT T PARKS & RECREATION DEPARTMENT m gk�l s WV D)v000D SINGLE FAMILY RESIDENCE ZONED: (R2) SINGLE FAMILY DWFL_LING LOT 32, BLOCK 1 SII- .VFRTR(-F PARK #1 SUBDIVISION 0 i� X i i I I I I ' I I 1000 F.M. 3009 SCHERTZ, TEXAS 78154 MARK ROBERTS WM ° l SUBDIVISION III LOT 5, BLOCK 0.999 ACRES 43,516 a a X 0 0 ° N 0 d, 0 0 w O w T E"' H W W � o w � H � O U 0 W w F-{ v a a X 0 0 ° N 0 d, 0 0 SKEET I Of V y' �2 T O 0 W SKEET I Of V y' s EXTERIOR BACK ELEVATION UDU Sec. 21.9.5 REQUIRED all% ot-Front Facade SCALE: 1/8" = F-O" to be glass windows and doors that allow visibility = 288 s.f. NOTE: ALL MATERIAL ON THE BUILDING IS EITHER STUCCO OR ROCK WHICH MEETS THE OWNERS REQUIREMENT OF A 100% MASONRY Store Front shown 292.49 s.f EXTERIOR FRONT ELEVATION SCALE: 1/8" = 1'4" T S 405 N. ST. MARY'S ST. SUITE 105 SAN ANTONIO, TEXAS 78205 ( 210) 824 - 1435 / fax 826 - 7454 ANDFOOIING- SEE STRUCTURAL SIDE ELEVATION SCALE: 1/4" = 1' -0" EXTERIOR RIGHT SIDE ELEVATION SCALE: 1/8" = 1' -0" GATE AND POST GRADE LEVEL DUMPSTER 5 murwmvu-=brxuurun ELEVATION (a, DUMPSTER - SCALE: 1/4" = 1' -0" CONC FOUNDATION O WALL WITH DAMP PR § PROOFING BELOW GRADE LEVEL, REINFORCING #5 AT 32" OC VERTICAL. SIDE ELEVATION n. DUMPSTER SCALE: 1/4" = 1' -0" ELEVATION SCALE: 1/4" = 1' -0" GATE FRAME FABRICATED FROM 2" STL. TUBE, MITER, WELD, AND GRIND SMOOTH.. INFILL W ITI 18 GA. STEEL "R" PANELDOORS OVER TUBE STEEL FRAME S®ULE 40 6" DIA. STEELIVE GATEPOST PROVIDE 3/4" D1A.x 4" DEEP SLEEVES IN CONC. PAVEMENT FOR LATCHES DUMPSTER EXTERIOR LEFT SIDE ELEVATION SCALE: 1/8" =1` -0" A100 4 A100 3 2') SCREEN WALL SCALE: 1/4" = 1' -0" 6 A100 5 A100 DUMPSTER W I--1 00 O<C W OF H W o � H � v H a of Ow w o U z H° O � i-+ N O a Date: 9/16/2015 3/4" SHELVES -4" v DEEP (m) k'fr 1/8 PER Fr. SLOPE a NOTE: VERIFY STZEAND CONFIGURATION TO F WORK LOCAL TRASH AND RECYCLING DUMPSTER SIZES. z 2') SCREEN WALL SCALE: 1/4" = 1' -0" 6 A100 5 A100 DUMPSTER W I--1 00 O<C W OF H W o � H � v H a of Ow w o U z H° O � i-+ N O a Date: 9/16/2015 / LOT 6 BLOC( I 1.061 ACRES \ /25' fkGR /EGRESS EsMU r IWAU- `•. _ t0' UnuTY EASEME , __ 3'- BAIT -- . 2.s• oAA \ - -" . -- - - - - -- ------------------- - - - - -� Z� \���j�'�2'- 5' OAK 0 �a // / 2.5. OAK ? J" 'OAK UE ..fi ,1/,F1 a// � 3' oar 3' OAK 2s' oaKN59' - 342.30• 25' OAK C.O. �\ . / 5' UM _ EASEMENT - - ,o,) 'iK� =4 dVEC 3 Q Wr-7-i /{-2� 14ECTRIC ESIA\ PG ry ` / I ❑ ❑ i M1�"' f ri 0. R.G.C.. 3 1 M fZ� C2v \ { ONE WAY i ; (Ib) ONE WAY ONE WAY,. .VM66) -e -- -- -- -- -- -- -- - - - — �E m rl� t LOT 5, BLOCK 1 DETENTION POND AUTOMOTIVE REPAIR BUILDING MARK ROBERTS /522S DSLW M ON a (5,850 SF G8A) (0.099 ACRES) I - IT 's 2^29' PIPES EARTHEN 1000 ROY RICHARD DRIVE .. I 421' EA . b� PON PLM1 - ------- - - - - -- ELECTRIC / ��� l Noldndstdplrig�QotprdiftACrgfi �YCiSMrB CJdSGine 2dsement —�� _= ��- ' scwAla I W TRANSFORMER �7 T ON Thu SENT �p� ✓ EV -7o7.4 yR 2diHPGAS --- 'WP — - 20•tiPGA6 -O-' — — y®"A+ — r- 20- HPGA6— - 20'HPCAS 5•It T r Ioo2 558'49'20'W - 401.53' m rOa){ 5' TREE 5' TREE ` TRE -SIDED -- +• j{'4• SO' UNITED GAS PIPELINE I `OooOD Wvk ❑iQ ! • r.11 y O � r o n M ❑ O o, W N �: ttl �" O 'tjl�d�r N N yt p 0 m m N � d .CL DROP INLET -'-�� VOL. 2E6, PG. 123 D.R.G.C. , i - 6' X 12' '> ex!sting tree counts as'' • GRATE INLET - - - -- ------------------- - - - - -- ------- - - - - -- �terminus to parkitiq ----- - - - - -- • ��' - - -- - Revised: September 16, 2015, Revised: August 25, 2015 >S to change project name to show to remove trees from detention pond, ' existing tree as terminus tree, to add sidewalk on front, move trees n 10 20. 40 — 60 revise parking consistent to engineers between masonry wall and easement / ? a plan, to add shrubs and trees along SHvertree, and add 2 existing I date along Silver Tree Blvd. (Also • ' . trees to tree count. — sheet 15-044 show 8) wall and wrought iron F 622115 fence. Call before you dig! Gall 811 Landscape Plan • Topsoil Notur , Ong Grass Sod. If topsoil is required, It _ - "p" ° sPatnea s , � s, a, „y^ . All lawn and seeded areas shall receive a minimum shall be lain to the depth and finished grades as shown on the drawl see Topsoil drawings ( psoa Plant Materials Schedule dsh f i. "- cover of 4^ of approval topsoil, Topsoil shalt be lain Then the line grade surface shall be raked or odor dragged to spedficatlons sag for wateang I - 2 2 3' shredded native hardwood mulch to eliminate ponding and mounding with adequate grading to move water away from structures as achieve a Yabietop'smfase prior to Installing sod. Sod shall be lain with P. Item common mama sdetGflc name 2" - 3'shredded native- Ash appropriate (minimum grade 2.0% unless otherwise off- setting joints and shag completely cover - Taxodlum distichum 3' cal., 12' - 35' tall, 8B /CT hardwood mulch required by dull engineer, geotedtnkal report, shall ally cover any exposed rock, all grass areas. All sod shall be watered - Immediately after outgrowth and maintalned BC • CE Bald Cypress Cedar Elm Ulmus crassifolia 3' cal., 12' - 15' tall, BB/CT /CT thA boa W"d.cooly.( pus as A•opaNeapopsg a fir .pie. 6a"I W A's °.µ .gravel, debris, etc. that Is natural to the site unless gravel, 1, debris, all be n otherwise directed by the Owner. Topsoil shall lain - in a healthy, vigorous growth state until attested. one All sod shall be placed the day of deJhmiy. .. LO live Oak Quercus virginiana 3" cal., 12' - 15' tail, BB two cow, g�r�wa,y .' RX p, p Manor in an appropriate manner to match existing soil by the No sod remaWog on pallets or otherwise left un- Installed BOX Green Beauty Boxwood euxus japonica Great Beauty 18" tall, 5 gallon Green Cloud Cenizo Leucophylllm frets. Green Cloud 18" tall, 5 gallon tNCkAN With Wldenwteh r,,,,.,1ey mtr e,�„ e • y� r` �'� c, compad d 44- ptxdc ere Inpdkd, pa s braMwwe� a wa apd an rd asw densities or those otherwise required . structural engineer or geotechnisal report If the area to receive topsoil has Imported base, gravel, debris, etc. such material shall be removed to fur depth or un- watered over 24 hours will be accepted, Sod Mail be relied with an acceptable roller a minimum of One fime and as often as needed to achieve a smooth acceptable lawn. Any dry or dead CEN DYH 16' s rd., 5 gallon Dwarf Yaupon Holly ilex vomltoila nano P S ba appro+'thG the taMUape A.dlrea 'CnmprU 1 `qtr ��, dys , > (unless required by geotechnlcai report, structural engineer, or other similar professional) and replaced patches shall be removed and replaced Immediately. . Where breaks, w1 -level auras, or open joints occur, ' RYc He6 eraloe arviflora gallon Red Yucca p p 5 allow' 9 I ' 6y IghtMg tamping, WakMn9 and Mddln ^gas P ,^ s, with approved topsoil to match required sub9rades ' fine grain washed sand shall be used to top -dress SOT Sotol Desrlllon texanum necessary to Ni wee. o>r p&`^ and finished grades as required on the plans and /or details (whether shown w these landscape plans or the lawn surface. NGL . New Gold Lantana Lantana Camara New Gold 1 gallon i I I f I <aa t out dGW-Ift h'd���tia'a�°,armtmdibeer to f'' �- `y c_ on other plans prepared by other professionals). Maintenance, of Installed Plantings: PLB Blue Cape Plumbago Plumbago auriculata gallon fl-"{I 'fi'f--- -'T1TI RSL Red Autumn Sage Salvla greggi red 1 g allow "et•+ , r . . An bshged plant materials (trees, shrubs, WLN White Lantana Lantana Camara white' 1 gallon p,q,,a•ae< Ts hurl wed hr �a 9roundoovers, perennials, florals, grass, stir,) shag be maintained by the landscape contractor 71F Tif 419 Bermudegrass Cynodon dactylon Tif 419 solid sod su,�,mce p. i a"^ C w ewygw until aocepbed by the owner. Maintenance shall Include watering, weeding, fartlliring, pruning, etc At the come offital t SEED Remove all debris from area, then hand rake to loosen top 2' of topsoil, Plant materials shat in a In healthy Seed over loosened soil bed with 'Native Trail Mix' (native wildflowers and Typical Plant Installation Tvoieal Groundcover Installation state state of growth and Meeting size requirements ti g size as spooned on the drawings as well � normal grasses) by Native American seed (coo) 728 -4043, at the rate of rpar Practice standards. Any diseased, 2.0 lbs. /1,000 sq. ft, of permeable surface area. Then fertilize with Not to Scale Not to Scale dead or dead dead shall shall be Immediately • Gardenville's Organic Fertilizer - 7.2.2 at the rate of 5 lbs./ 1000 Sq, ft. replaced. d. All plantings guaranteed for plantings shat) Water in thoroughly and as needed to assist small plants to grow, one year from the date of final acceptance. o al tree as shown on plan .. :....' .. City of Sehertz ordinance Compliance Special Note Irrigation: All green space and 3' 4 ma3'shr layer Landscaping will be maintained b an p g y of shredded . ,) Total Site: 43,220 s ,ft. r 43,560 s ft. /acre = 0.993 arms q q automatic irrjgation (watering) system. grass as shown on plan I;, Trees Required: 9 trees /acre @ 0.993 acres = 9 trees Provided: 2 ex. trees (1001,1002) + 11 new trees = 13 tree Typical Tree Planting in Grass Not to Scale - LOT 6 BLOC( I 1.061 ACRES \ /25' fkGR /EGRESS EsMU r IWAU- `•. _ t0' UnuTY EASEME , __ 3'- BAIT -- . 2.s• oAA \ - -" . -- - - - - -- ------------------- - - - - -� Z� \���j�'�2'- 5' OAK 0 �a // / 2.5. OAK ? J" 'OAK UE ..fi ,1/,F1 a// � 3' oar 3' OAK 2s' oaKN59' - 342.30• 25' OAK C.O. �\ . / 5' UM _ EASEMENT - - ,o,) 'iK� =4 dVEC 3 Q Wr-7-i /{-2� 14ECTRIC ESIA\ PG ry ` / I ❑ ❑ i M1�"' f ri 0. R.G.C.. 3 1 M fZ� C2v \ { ONE WAY i ; (Ib) ONE WAY ONE WAY,. .VM66) -e -- -- -- -- -- -- -- - - - — �E m rl� t LOT 5, BLOCK 1 DETENTION POND AUTOMOTIVE REPAIR BUILDING MARK ROBERTS /522S DSLW M ON a (5,850 SF G8A) (0.099 ACRES) I - IT 's 2^29' PIPES EARTHEN 1000 ROY RICHARD DRIVE .. I 421' EA . b� PON PLM1 - ------- - - - - -- ELECTRIC / ��� l Noldndstdplrig�QotprdiftACrgfi �YCiSMrB CJdSGine 2dsement —�� _= ��- ' scwAla I W TRANSFORMER �7 T ON Thu SENT �p� ✓ EV -7o7.4 yR 2diHPGAS --- 'WP — - 20•tiPGA6 -O-' — — y®"A+ — r- 20- HPGA6— - 20'HPCAS 5•It T r Ioo2 558'49'20'W - 401.53' m rOa){ 5' TREE 5' TREE ` TRE -SIDED -- +• j{'4• SO' UNITED GAS PIPELINE I `OooOD Wvk ❑iQ ! • r.11 y O � r o n M ❑ O o, W N �: ttl �" O 'tjl�d�r N N yt p 0 m m N � d .CL DROP INLET -'-�� VOL. 2E6, PG. 123 D.R.G.C. , i - 6' X 12' '> ex!sting tree counts as'' • GRATE INLET - - - -- ------------------- - - - - -- ------- - - - - -- �terminus to parkitiq ----- - - - - -- • ��' - - -- - Revised: September 16, 2015, Revised: August 25, 2015 >S to change project name to show to remove trees from detention pond, ' existing tree as terminus tree, to add sidewalk on front, move trees n 10 20. 40 — 60 revise parking consistent to engineers between masonry wall and easement / ? a plan, to add shrubs and trees along SHvertree, and add 2 existing I date along Silver Tree Blvd. (Also • ' . trees to tree count. — sheet 15-044 show 8) wall and wrought iron F 622115 fence. Call before you dig! Gall 811 Landscape Plan • CITY COUNCIL MEMORANDUM City Council Meeting: November 17, 2015 Department: Finance Agenda No. 3 &4 Subject: Ordinance No. 15 -B -37 - CONSIDERATION AND APPROVAL OF AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015" The City has the opportunity to refund, on a current basis, its General Obligation Bonds, Series 2006 for debt service savings. The Bonds are callable beginning February 1, 2016 and can be called up to 90 days prior to their call date. FISCAL IMPACT Based upon current market conditions, the City can anticipate savings of roughly $360,000, net of all costs, as a result of the refunding. The Bonds are paid for from I &S taxes, so the economic benefit is to the City's general fund. RECOMMENDATION Staff recommends approving SAMCO and other consultants to move forward with the issuance of General Obligation Refunding Bonds, Series 2015. Final interest rates, savings and bond ordinance will be presented to the City Council at its regularly scheduled meeting on Tuesday, November 17, 2015 for Council approval. 1 A MOTION BY COUNCILMEMBER AND SECONDED V C . UNCIf EM EIS THAT THE CITY COUNCIL ADOPT T AN ORDINANCE AUTHORIZING THE ISSUANCE F -cr ' f 50077367.2 OF SCHERTZ, TEXAS GENERAL NI LI AT N REFUNDING BONDS, SERIES 201591 Fly WFXI *so1►I1MLIIr(.y Ordinance No. 15 -B -37 50077367.2 DRAFT 10 /20/15 ORDINANCE NO. 15 -B -37 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015 ", LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT, AN OFFICIAL BID FORM, AND AN ESCROW DEPOSIT LETTER; COMPLYING WITH THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Schertz, Texas (the City) has heretofore issued, sold, and delivered, and there are currently outstanding obligations in the aggregate original principal amount of $4,130,000 being the obligations set forth on Schedule I hereto which is incorporated by reference for all purposes to this ordinance (the Refunded Obligations); and WHEREAS, the City Council intends to issue an aggregate principal amount of $ in general obligation refunding bonds the proceeds of which will be utilized to provide for the (i) refunding of the Refunded Obligations and (ii) payment of the costs of issuance of the general obligation refunding bonds; and WHEREAS, pursuant to the provisions of Chapter 1207, . as amended, Texas Government Code (the Act), the City Council is authorized to issue refunding bonds and deposit the proceeds of sale under an escrow agreement to provide for the payment of the Refunded Obligations, and such deposit, when made in accordance with the Act, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, the Act permits that the deposit of the proceeds from the sale of the refunding bonds be deposited directly with any designated escrow agent which is not the depository bank of the City; and WHEREAS, when firm banking arrangements have been made for the payment of principal of and interest to the stated maturity or redemption dates of the Refunded Obligations, then the Refunded Obligations shall no longer be regarded as outstanding except for the purpose of receiving payment from the funds provided for such purpose and may not be included in or 35590568.2 considered to be an indebtedness of the City for the purpose of a limitation on outstanding indebtedness or taxation or for any other purpose; and WHEREAS, Wells Fargo Bank, National Association, Minneapolis, Minnesota currently serves as the paying agent for the Refunded Obligations; and WHEREAS, BOKF, NA, Austin, Texas is hereby appointed as the Escrow Agent (hereinafter defined) and Paying Agent /Registrar (hereinafter defined) for the general obligation refunding bonds; and WHEREAS, the City Council also hereby finds and determines that the Refunded Obligations are scheduled to mature or are subject to being redeemed, not more than twenty (20) years from the date of the general obligation refunding bonds herein authorized and being issued to restructure the City's debt service and associated tax rates in the coming years, and such refunding will result in a net present value savings of $ and a gross savings of $ , including the City's contribution of $ ; and WHEREAS, the City Council hereby finds and determines that the issuance of the general obligation refunding bonds for the purpose of refunding the Refunded Obligations is in the best interests of the residents of the City, now, therefore, C •' C • • • THAT: SECTION 1. Authorization - Designation - Principal Amount - Purpose. General obligation refunding bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of NO/] 00 DOLLARS ($ ), to be designated and bear the title of "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015" (the Bonds), for the purpose of providing funds for the (i) discharge and final payment of the Refunded Obligations and (ii) payment of the costs of issuance of the :Bonds, all in conformity with the laws of the State of Texas, particularly Chapter 1207, as amended, Texas Government Code, an ordinance adopted by the City Council on November 17, 2015, and the City's Home Rule Charter. SECTION 2. Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest :Rates — Dated Date. The Bonds shall be issued as fully registered obligations, without coupons, shall be dated November 1, 2015 (the Dated Date), and shall be in denominations of $5,000 or any integral multiple thereof, and the Bonds shall be lettered "R" and numbered consecutively from One (1) upward, and principal shall become due and payable on February 1 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Dated Date, or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to Stated Maturity, at the per annum rates, while Outstanding, in accordance with the following schedule: 35590568.2 -2- Years of Principal Interest Stated Maturity Amounts ($) Rates 2016 2017 . 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031. The Bonds shall bear interest on the unpaid principal amounts from the Dated Date, or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the rates per annum shown in the above schedule (calculated on the basis of a 360 -day year of twelve 30 -day months). Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 2016 (the Interest Payment Date), while the :Bonds are Outstanding. SECTION 3. Payment of Bonds - Pang Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of Stated Maturity, redemption or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Bonds shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Bonds. The selection and appointment of BOKF, NA, Austin, Texas (the Paying Agent /Registrar) to serve as the initial Paying Agent/Registrar for the Bonds is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for 35590568.2 -3- the registration, payment, and transfer of the Bonds, all as provided herein, in accordance with the terms and provisions of a Paying Agent /Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent /Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Bonds are Outstanding, and any successor Paying Agent /Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent /Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent /Registrar. The City reserves the right to appoint a successor Paying Agent /Registrar upon providing the previous Paying Agent /Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Bonds by United States mail, first -class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Bonds appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest on the Bonds, (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof upon redemption or at the Bonds' Stated Maturity, and (iii) on any other date for any other purpose. The City and the Paying Agent /Registrar, and any agent of either, shall treat the Holder as the owner of a Bond for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent /Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Bonds shall be payable only upon presentation and surrender of the Bonds to the Paying Agent /Registrar at its corporate trust office. Interest on the Bonds shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the :Bonds (the Record Date) and shall be paid (i) by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be 35590568.2 -4- established by the Paying Agent /:Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4. Redemption. A. Mandatory Redemption. The Bonds stated to mature on February 1, 20_ and February 1, 20_ are referred to herein as the "Term Bonds ". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on February 1 in each of the years as set forth below: Term Bonds Term Bonds Stated to Mature Stated to Mature on February 1, on FebruaU I Principal Principal Year Amount ($) Year Amount ($) *Payable at Stated Maturity. The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent /Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent /Registrar at the request of the City, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. B. Optional Redemption. The Bonds having Stated Maturities on and after February 1, 20_ shall be subject to redemption prior to Stated Maturity, at the option of the City, on February 1, 20_, or on any date thereafter, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent /Registrar), at the redemption price of par plus accrued interest to the date of redemption. 35590568.2 -5- C. Exercise of Redemption Option. At least forty -five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. D. Selection of Bonds for Redemption. if less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent /Registrar shall select at random and by lot the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent /Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000. E. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, a notice of redemption shall be sent by United States mail, first -class postage prepaid, in the name of the City and at the City's expense, by the Paying Agent/Registrar to each Holder of a Bond to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent /Registrar only upon presentation and surrender thereof by the Holder. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). If a Bond is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Bond (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent /Registrar, then on the redemption date designated in such notice, interest on the Bonds (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. 35590568.2 -6- F. Transfer /Exchange of Bonds. Neither the City nor the Paying Agent /:Registrar shall be required (1) to transfer or exchange any Bond during a period beginning forty -five (45) days prior to the date fixed for redemption of the Bonds or (2) to transfer or exchange any Bond selected for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond which is subject to redemption in part. SECTION 5. Execution - Registration. The Bonds shall be executed on behalf of the City by its Mayor or Mayor Pro Tem under the seal of the City reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Purchasers (hereinafter defined), all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or her duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent /Registrar by manual signature, and either such certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified or registered and delivered. SECTION 6. Registration - Transfer - Exchange of Bonds - Predecessor Bonds. The Paying Agent /Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Bonds, or, if appropriate, the nominee thereof. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent /Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent /Registrar. Upon surrender for transfer of any Bond at the corporate trust office of the Paying Agent /Registrar, the City shall execute and the Paying Agent /Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute, and the Paying Agent /Registrar shall register and deliver, the Bonds to the Holder requesting the exchange. 35590568.2 -7- All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the corporate trust office of the Paying Agent /Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered upon such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent /Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Bonds, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Bond or :Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Bonds shall include any Bond registered and delivered pursuant to Section 17 in lieu of a mutilated, lost, destroyed, or stolen Bond which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. SECTION 7. Initial Bonds. The Bonds herein authorized shall be initially issued as a single fully registered Bond in the aggregate principal amount of $ with principal installments to become due and payable as provided in Section 2 hereof and numbered T -1 (the Initial Bonds), and the Initial Bonds shall be registered in the name of the Purchasers or the designee thereof. The Initial. Bonds shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Bonds, the Paying Agent /Registrar, pursuant to written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Bonds delivered hereunder and exchange therefor definitive Bonds of like kind and of authorized denominations, Stated Maturities, principal amounts bearing applicable interest rates, and shall be lettered "R" and numbered consecutively from one (1) upward for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written . instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8. Forms. A. Forms Generally. The Bonds, the Registration. Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent /Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends and any reproduction of an opinion of Bond Counsel) thereon as may, consistent herewith, be established by the City or determined by the officers 35590568.2 -8- executing the Bonds as evidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] 35590568.2 _9_ B. Form of Definitive Bond. REGISTERED NO. REGISTERED PRINCIPAL AMOUNT United States of America State of Texas Counties of Guadalupe, Comal, and Bexar CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015 Dated Date: Interest Rate: Stated Maturity: CUSIP NO: November 1, 2015 REGISTERED OWNER: The City of Schertz, Texas (the City), a body corporate and a municipal corporation in the Counties of Guadalupe, Comal, and Bexar, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, until such Principal. Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on February I and August I of each year, commencing February 1, 2016 . (each, an Interest Payment Date). Principal on this Bond shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender at the corporate trust office of the Paying Agent /Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent /Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent /Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. 35590568.2 - 1O- This Bond is one of the series specified in its title issued in the aggregate principal amount of $ (the Bonds) pursuant to an ordinance adopted by the governing body of the City (the Ordinance), for the purpose of providing funds for the (i) discharge and final payment of the Refunded Obligations and (ii) payment of the costs of issuance of the general obligation refunding bonds, under and in strict conformity with the laws of the State of Texas, including Chapter 1207, as amended, Texas Government Code, and the City's Home Rule Charter. As provided in the Ordinance, the Bonds stated to mature on February 1, 20_ and February 1, 20_ are referred to herein as the "Term Bonds ". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on February 1 in each of the years as set forth below: Term Bonds Stated to Mature on February 1, Principal Year Amount ($) *Payable at Stated Maturity. Term Bonds Stated to Mature on February 1, Principal Year Amount ($) The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent /Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent /Registrar at the request of the City, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. The Bonds stated to mature on and after February 1, 20_ may be redeemed prior to their Stated Maturities, at the option of the City, on February 1, 20_, or on any date thereafter, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent /Registrar) at the redemption price of par plus accrued interest to the date of redemption; provided, however, that at least thirty (30) days prior written notice shall be sent to the Holder of the Bonds to be redeemed by United States mail, first -class postage prepaid, and subject to the terms and provisions relating thereto contained in the Ordinance. if this :Bond is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of $5,000, or any integral multiple thereof may be redeemed, and, if less than all of the principal 35590568.2 -11- sum hereof is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof, upon the surrender of this Bond to the Paying Agent /Registrar at its corporate trust office, a new Bond or Bonds of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if the money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent /Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Bond is called for redemption, in whole or in part, the City or the Paying Agent /Registrar shall not be required to issue, transfer, or exchange this Bond within forty -five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Bonds of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the City within the limitations prescribed by law. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of the Bonds; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent /Registrar; the terms and provisions upon which this Bond may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent /Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Bond as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent /Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a 35590568.2 -12- Special Record Date) will be established by the Paying Agent /:Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Bond in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that the issuance of the Bonds does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] 35590568.2 IN WITNESS WHEREOF, the City has caused this Bond to be duly executed under its official seal. CITY OF SCHERTZ, TEXAS Mayor City Secretary (CITY SEAL) [The remainder of this page intentionally left blank.] 35590568.2 C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bonds Onlv. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF § PUBLIC ACCOUNTS § § REGISTER NO. THE STATE OF TEXAS § I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this (SEAL) * Note to Printer: Not to appear on printed Bonds Only. Comptroller of Public Accounts of the State of Texas D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Bonds REGISTRATION CERTIFICATE OF PAYING AGENT /REGISTRAR This Bond has been duly issued under the provisions of the within - mentioned Ordinance; the Bond or Bonds of the above - entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: 35590568.2 -1.5- BOKF, NA, Austin, Texas, as Paying Agent /Registrar Authorized Signature E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. Signature guaranteed: F. The Initial Bonds shall be in the respective forms set forth in paragraph B of this Section, except that the form of a single fully registered Initial Bond shall be modified as follow-,- (i) immediately under the name of the Bond(s) the headings "Interest Rate" and "Stated Maturity" shall both be completed "as shown below"; (ii) the first two paragraphs shall read as follows: Registered Owner: Principal Amount: The City of Schertz, Texas (the City), a body corporate and municipal corporation in the Counties of Guadalupe, Comal, and Bexar, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above stated to mature on the first day of February in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: 35590568.2 -16- Years of Principal Interest Stated Maturity Amounts ($) Rates (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date, or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on February 1 and August 1 of each year, commencing February 1, 2016. Principal of this Bond shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender to Stated Maturity or prior redemption, while Outstanding, at the corporate trust office of BOKF, NA, Austin, Texas (the Paying Agent /Registrar). Interest shall be payable to the Holder of this Bond whose name appears on the Security Register maintained by the Paying Agent /Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent /Registrar by check sent on or prior to the appropriate date of payment by United States mail, first - class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent /Registrar, requested by, and at the risk and expense of, the Holder hereof. [The remainder of this page intentionally left blank.] 35590568.2 -17- G. Insurance Legend. If bond insurance is obtained by the City or the Purchasers for the Bonds, the Definitive Bonds and the Initial Bonds shall bear an appropriate legend as provided by the insurer. SECTION 9. Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 21 and 38 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words "herein ", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Authorized Officials shall mean the Mayor, Mayor Pro Tem, City Manager, Director of Finance, and /or the City Secretary. B. The term Bond Fund shall mean the special fund created and established by the provisions of Section 10 of this Ordinance. C. The term Bonds shall mean the $ "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015" authorized by this Ordinance. D. The term City shall mean City of Schertz, located in the Counties of Guadalupe, Coma], and Bexar, Texas and, where appropriate, the City Council of the City. E. The term Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. F. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. G. The term Depository shall mean an official depository bank of the City. H. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a 35590568.2 -1 g- nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Bonds. I. The term Molder or Molders shall mean the registered owner, whose name appears in the Security Register, for any Bond. J. The term Interest Payment Date shall mean the date interest is payable on the Bonds, being February 1 and August 1 of each year, commencing February 1, 2016, while any of the Bonds remain Outstanding. K. The term Ordinance shall mean this ordinance adopted by the City Council of the City on November 1.7, 2015. L. The term Outstanding when used in this Ordinance with respect to Bonds shall mean, as of the date of determination, all Bonds issued and delivered under this Ordinance, except: (1) those Bonds canceled by the Paying Agent /Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Bonds for which payment has been duly provided by the City in accordance with the provisions of Section 23 of this Ordinance; and (3) those Bonds that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Bonds named in Section 18 of this Ordinance. N. The term Stated Maturity shall mean the annual principal payments of the Bonds payable on February 1 of each year, as set forth in Section 2 of this Ordinance. SECTION 10. Bond Fund; Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Bonds, there shall be and is hereby created a special fund to be designated "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015 . INTEREST AND SINKING FUND" (the Bond Fund), which fund shall be kept and maintained at the Depository, and money deposited in such fund shall be used for no other purpose and shall be maintained as provided in Section 21. Authorized Officials of the City are hereby authorized and directed to make withdrawals from the Bond Fund sufficient to pay the purchase price or amount of principal of, premium, if any, and interest on the Bonds as the same become due and payable and shall cause to be transferred 35590568.2 -19- to the Paying Agent/Registrar from money on deposit in the Bond Fund an amount sufficient to pay the amount of principal and /or interest stated to mature on the Bonds, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent /Registrar on or before the business day next preceding each interest and principal payment date for the Bonds. Pending the transfer of funds to the Paying Agent /Registrar, money deposited in any fund created and established pursuant to the provisions of this Ordinance, at the option of the City, may be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such fund will be available at the proper time or times. All interest and income derived from deposits and investments in such fund shall be credited to, and any losses debited to, such fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. SECTION 11. Tax Levy. To provide for the payment of the Debt Service Requirements on the Bonds being (i) the interest on the Bonds and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Bonds or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Bond Fund and are thereafter pledged to the payment of the Bonds. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the City. SECTION 12. Deposits to Bond Fund; Surplus Bond Proceeds. The City hereby covenants and agrees to cause to be deposited in the Bond Fund prior to a principal and interest payment date for the Bonds, from the annual levy of an ad valorem tax or from other lawfully 35590568.2 -20- available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of Stated Maturity. Accrued interest received from the Purchasers of the Bonds, along with any taxes collected pertaining to the Refunded Obligations, after the Closing Date, shall be deposited to the Bond Fund. In addition, any surplus proceeds from the sale of the Bonds, including investment income thereon, not expended for authorized purposes shall be deposited in the Bond Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said fund from ad valorem taxes. SECTION 13. Security of Funds. All money on deposit in the funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such funds shall be used only for the purposes permitted by this Ordinance. SECTION 14. Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Bond Fund or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Bonds shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation . prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 1.5. Notices to Holders; Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first -class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent /Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. 35590568.2 -21- SECTION 16. Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent /Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent /Registrar. The City may at any time deliver to the Paying Agent /Registrar for cancellation any :Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent /Registrar. All canceled Bonds held by the Paying Agent /Registrar shall be destroyed as directed by the City. SECTION 17. Mutilated, Destroyed, Lost, and Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (2) there is delivered to the City and the Paying Agent /Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent /Registrar that such Bond has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent /Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously Outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney's fees and the fees and expenses of the Paying Agent /Registrar) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds. SECTION 1.8. Sale of Bonds at a Competitive Sale; Official Statement Approval. The Bonds authorized by this Ordinance are hereby sold by the City to , , , as the authorized representative of a group of purchasers at a competitive sale (the Purchasers, having all the rights, benefits, and obligations of a Holder), in accordance with the provisions of an Official Bid Form (the Official Bid Form), dated November 17, 2015, attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes, at the price of par, plus a reoffering premium of $ 35590568.2 -22- (including the Purchasers' compensation of $ ), plus accrued interest to the date of initial delivery of the Bonds to the Purchasers and is hereby approved and confirmed. It is hereby officially found, determined, and declared that the Purchasers are the highest bidder for the Bonds whose bid, received as a result of invitations for competitive bids in compliance with applicable law, produced the lowest true interest cost to the City. The Initial Bond shall be registered in the name of . The pricing and terms of the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. Any Designated Financial Official is hereby authorized and directed to execute the Official Bid Form for and on behalf of the City and as the act and deed of this City Council, and in regard to the approval and execution of the Official Bid Form, the City Council hereby fords, determines and declares that the representations, warranties, and agreements of the City contained in the Official Bid Form are true and correct in all material respects and shall be honored and performed by the City. Delivery of the Bonds to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Official Bid Form. Furthermore, the City hereby ratifies, confirms, and approves in all respects (i) the City's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii) the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Bonds is hereby ratified, confirmed, and approved in all respects. The final Official Statement, being a modification and amendment of the Preliminary Official. Statement to reflect the terms of sale, attached as Exhibit A to the Official Bid Form (together with such changes approved by the Mayor, Mayor Pro Tem, City Manager, Director of Finance, and/or City Secretary, any one or more of said officials), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated November 1.7, 2015, in the reoffering, sale and delivery of the Bonds to the public. The Mayor, Mayor Pro Tem, and City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Official Statement in final form as may be required by the Purchasers, and such final Official. Statement in the form and content manually executed by said officials shall be deemed to be approved by the City and constitute the Official Statement authorized for distribution and use by the Purchasers. The proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds. SECTION 19. Escrow Deposit Letter Approval and Execution; Proceeds of Sale; Contribution by City. The Escrow Deposit Letter dated as of November 1.7, 2015 . to be effective upon the initial delivery of the Bonds to the Purchasers (the Agreement) between the City and BOKF, NA, Austin, Texas (the Escrow Agent), attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes, is hereby approved as to form and content, and such Agreement in substantially the form and substance attached hereto, together with such changes or revisions as may be necessary to accomplish the refunding or benefit the City, is hereby authorized to be executed by the Mayor, Mayor Pro Tem, and City Secretary and on behalf of the City and as the act and deed of this City Council; and such Agreement as executed by said officials shall be deemed approved by the City Council and constitute the Agreement herein approved. 35590568.2 -23- Furthermore, any Authorized Official, or any one or more of said officials, and Bond Counsel in cooperation with the Escrow Agent are hereby authorized and directed to make the necessary arrangements for the purchase of the Federal Securities referenced in the Agreement and the initial delivery thereof to the Escrow Agent on the day of delivery of the Bonds to the Purchasers for deposit to the credit of the "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BOND SERIES 2015 ESCROW FUND" (the Escrow Fund), including the execution of the subscription forms for the purchase and issuance of the "United States Treasury Securities - State and Local Government Series ", if any, for deposit to the Escrow Fund; all as contemplated and provided by the provisions of the Act, this Ordinance, and the Agreement. Immediately following the delivery of the Bonds, the proceeds of sale along with a cash contribution, if any, from the City (less certain costs of issuance, and accrued interest, if any, received from the Purchasers of the Bonds) shall be deposited with the Escrow Agent for application and disbursement in accordance with the provisions of the Agreement. The proceeds of sale of the Bonds not so deposited with the Escrow Agent for the refunding of the Refunded Obligations shall be disbursed for payment of costs of issuance and deposited with the place of payment (of the Refunded Obligations) in an account in the name of the City and applied for the purposes of providing for the payment of the costs and expenses incurred in connection therewith or deposited in the Bond Fund for the Bonds, all in accordance with written instructions from any Authorized Officials. SECTION 20. Redemption of Refunded Obligations. The Refunded Obligations referenced in the preamble hereof become subject to redemption prior to their stated maturities at the price of par, premium, if any, and accrued interest to the date of redemption. The Mayor shall give written notice to the paying agent /registrar for the Refunded Obligations and the Escrow Agent that the Refunded Obligations have been called for redemption, and the City Council orders that such obligations are called for redemption on the date set forth on Schedule I attached to this Ordinance, and such order to redeem the Refunded Obligations on such date shall be irrevocable upon the delivery of the Bonds. A copy of the notice of redemption pertaining to the :Refunded Obligations is attached to this Ordinance as Exhibit D and is incorporated herein . by reference for all purposes. The paying agent for the Refunded Obligations is authorized and instructed to provide notice of this redemption to the holders of the Refunded Obligations in the form and manner described in the ordinance authorizing the issuance of the Refunded Obligations. SECTION 21. Covenants to Maintain Tax - Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Closing Date means the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. 35590568.2 -24- Computation Date has the meaning set forth in Section 1.148 -1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148 -1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148 -1(c) of the Regulations, of the Bonds. Investment has the meaning set forth in Section 1.148 -1(b) of the Regulations. Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. Rebate Amount has the meaning set forth in Section 1.148 -1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 1.50 of the Code, and 1.03 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148 -5 of the Regulations; and (2) the Bonds means the yield on the Bonds as calculated pursuant to Section 1.1.48 -4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 1.41 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or 35590568.2 -25- indirectly with Gross Proceeds of the Bonds (including property financed with Gross Proceeds of the Refunded Obligations), and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross :Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the :Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds (including property financed with Gross Proceeds of the Refunded Obligations), other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except to the extent that it will not cause the Bonds to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Bonds. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038 -G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: 35590568.2 -26- (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation. Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148- 3(e)(2) of the Regulations, one hundred percent (100 %) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90 %) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038 -T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional. Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148 -3(h) of the Regulations. 1. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. 35590568.2 -27- J. Bonds Not Hedge Bonds. (1) At the time the original bonds refunded by the Bonds were issued, the City reasonably expected to spend at least 85% of the spendable proceeds of such bonds within three years after such bonds were issued. (2) Not more than 50% of the proceeds of the original bonds refunded by the Bonds were invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Qualified Current Refunding. The Bonds are issued to refund the Refunded Obligations, and the Bonds will be issued, and certain proceeds thereof used, within 90 days after the Closing Date for the redemption of the Refunded Obligations. In the issuance of the Bonds, the City has employed no "device" to obtain a material financial advantage (based on arbitrage), within the meaning of section 149(d)(4) of the Code. The City has complied with the covenants, representations, and warranties contained in the documents executed in connection with the issuance of the Refunded Obligations. Accordingly, the City expects to invest the Bond proceeds to be used to refund the Refunded Obligations without regard to Yield restrictions. L. Elections. The City hereby directs and authorizes any Authorized Official, either or any combination of the foregoing, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds. Such elections shall be deemed to be made on the Closing Date. SECTION 22. Control and Custody of Bonds. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Bonds pending their approval by the Attorney General, the registration thereof by the Comptroller of :Public Accounts and the delivery of the Bonds to the Purchasers. Furthermore, any Authorized Official, either or all, are hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General and their registration by the Comptroller of Public Accounts and, together with the City's financial advisors, Bond Counsel, and the Paying Agent /Registrar, make the necessary arrangements for the delivery of the Initial Bonds to the Purchasers and the initial exchange thereof for definitive Bonds. SECTION 23. Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof on or prior to Stated Maturity, or to the 35590568.2 -28- redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent /Registrar, or an authorized escrow agent, and/or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent /Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, at the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent /Registrar have been made) the redemption date thereof for the Bonds. In the event of a gross defeasance of the Bonds, the City shall deliver a certificate from its financial advisor, the Paying Agent /Registrar, or another qualified third party concerning the deposit of cash and/or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Bonds. The City covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 21 hereof). Any money so deposited with the Paying Agent /Registrar, and all income from Government Securities held in trust by the Paying Agent /Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent /Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity or applicable redemption date of the Bonds, such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased :Bonds that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds. SECTION 24. Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to its being furnished a final opinion of Norton Rose Fulbright US LLP, San Antonio, Texas, as Bond Counsel, approving certain legal matters as to the Bonds, said opinion to be dated and delivered as of the date of initial delivery and payment for such Bonds. Printing of a true and correct copy of said opinion on the reverse side of each of the Bonds, with 35590568.2 -29- appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City is hereby approved and authorized. SECTION 25. CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof, and neither the City nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 26. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 27. Ordinance a Contract; Amendments - Outstanding Bonds. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Bonds. This Ordinance shall constitute a contract with the Holders from time to time, shall be binding on the City and its successors and assigns, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided; however, that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, and interest on the Bonds, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, the redemption price therefor, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required for consent to any such amendment, addition, or rescission. SECTION 28. Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, the Paying Agent /Registrar, and the Holders. SECTION 29. Inconsistent Provisions. All ordinances and resolutions, 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 ordained herein. SECTION 30. Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. 35590568.2 -30- SECTION 31. Governing. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 32. Severability. 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 Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 33. Incorporation of Preamble Recitals. 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 34. Authorization of Pang Agent/Registrar Agreement. The City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent /Registrar Agreement concerning the payment, exchange, registration, and transferability of the Bonds. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 35. Public Meeting. 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 36. Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent /Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 37. No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Bond or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Bond. SECTION 38. Continuing Disclosure Undertaking. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: 35590568.2 -31- EMMA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http://www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. Rule means SEC Rule l 5c2 -1.2, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2015, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 18 of this Ordinance, being the information described in Exhibit E hereto, and (2) if not provided as part of such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit E hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such financial statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall file unaudited financial statements within such period and audited financial statements for the applicable fiscal year to the MSRB, when and if the audit report on such financial statements becomes available. Under current Texas law, including, but not limited to, Chapter 103, as amended, Texas Local Government Code, the City must have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit. The annual financial statement, including the auditor's opinion on the statement, shall be filed in the office of the City Secretary within 180 days after the last day of the City's fiscal year. Additionally, upon the filing of this financial statement and the annual audit, these documents are subject to the Texas Open Records Act, as amended, Texas Government Code, Chapter 552. If the City changes its fiscal year, it will file notice of such change (and of the date of the new fiscal year end) with the MSRB prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 1.0 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non- payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; 35590568.2 -32- (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of :Proposed Issue (IRS Form 5701 -TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (l 3) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional paying agent /registrar or the change of name of a paying agent /registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. 35590568.2 -33- The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations Disclaimers and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial . owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is 35590568.2 -34- unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the :Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format — Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word - searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the SEC. SECTION 39. Book -Entry OnlySystem. The Bonds initially shall be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bonds described in Section 7) in the form of a separate single definitive Bond. Upon issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent /Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit F (the Representation Letter). With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent /Registrar shall have no responsibility or obligation to any broker- dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an Indirect Participant). Without 35590568.2 -35- limiting the immediately preceding sentence, the City and the Paying Agent /:Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the :Bonds, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond certificate evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the :Representation Letter shall be terminated for any reason, or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify the Paying Agent /Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository's agent or designee, and if the City and the Paying Agent /Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Holders of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 40. Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Bonds, the Paying Agent /Registrar Agreement, the Official Bid Form, the Agreement, and the Official Statement. In addition, prior to the initial delivery of the Bonds, any Authorized Official and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance and as described in the Official Statement, (ii) obtain a rating from any of the national 35590568.2 -36- bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General's office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 41. City's Consent to Provide Information and Documentation to the Texas MAC. The Municipal Advisory Council of Texas (the Texas MAC), a non -profit membership corporation organized exclusively for non - profit purposes described in section 501(c)(6) of the Internal Revenue Code and which serves as a comprehensive financial information repository regarding municipal debt issuers in Texas, requires provision of written documentation regarding the issuance of municipal debt by the issuers thereof. In support of the purpose of the Texas MAC and in compliance with applicable law, the City hereby consents to and authorizes any Authorized :Representative, :Bond Counsel to the City, and/or Financial Advisor to the City to provide to the Texas MAC information and documentation requested by the Texas MAC relating to the Bonds; provided, however, that no such information and documentation shall be provided prior to the Closing Date. This consent and authorization relates only to information and documentation that is a part of the public record concerning the issuance of the Bonds. SECTION 42. Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. [The remainder of this page intentionally left blank.] 35590568.2 -37- PASSED, APPROVED AND ADOPTED on the 17th day of November, 2015. CITY OF SCHERTZ, TEXAS Mayor City Secretary (CITY SEAL) 35590568.2 S -1 Schedule I .......... ............................... ..........................Table of Refunded Obligations Exhibit A ............ ............................... .........................Paying Agent /Registrar Agreement Exhibit B .............. ............................... .......................Official Bid Form Exhibit C ............ ............................... .........................Escrow Deposit Letter Exhibit D ............ ............................... .........................Notice of Redemption Exhibit E .................. ............................... ...................Description of Annual Financial. Information. Exhibit F ......................................... ............................DTC Letter of Representations 35590568.2 S -2 Schedule I Refunded Obligations City of Schertz, Texas General Obligation Bonds, Series 2006, dated August 1, 2006, in the original principal amount of $15,000,000 stated to mature on February 1 in each of the years 2017 through 2021, and 2031, in the aggregate principal amount of $4,130,000, to be redeemed on February 1, 2016. 35590568.2 Schedule 1 -1 lWall Paying Agent /Registrar Agreement See Tab No. 35590568.2 A -1 Official Bid Form See Tab No. 35590568.2 B -I Imall Escrow Deposit Letter See Tab No. 35590568.2 C -1 lWall 1 Notice of Redemption See Tab No. 35590568.2 D-1 Description of Annual Financial Information The following information is referred to in Section 38 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The City's audited financial statements for the most recently concluded fiscal year or to the extent these audited financial statements are not available, the portions of the unaudited financial statements of the City appended to the Official Statement as Appendix D, but for the most recently concluded fiscal year. 2. The information in the Official Statement included under Table 1 and in Tables 1 through 13 of Appendix A. Accounting Principles The accounting principles referred to in such Section are generally accepted accounting principles for governmental units as prescribed by the Government Accounting Standards Board from time to time. 35590568.2 E -1 DTC Letter of Representations See Tab No. 35590568.2 F -I October 20, 2015 Norton Rose Fulbright US LLP 300 Convent Street, Suite 2100 San Antonio, Texas 78205 -3792 United States Ms. Brenda Dennis Direct line +1 210 2707131 City Secretary w. jeffrey .kuhn @nortonrosefulbright:com City of Schertz 1400 Schertz Parkway Tel +1 210 224 5575 Schertz, Texas 78154 Fax +1 210270 7205 n orton ros efu (brig ht. Com Re: City of Schertz, Texas General Obligation Refunding Bonds, Series 2015 I enclose as Exhibit A to this letter the agenda items to be utilized in preparing the agenda for the November 17, 2015 regular meeting of the City Council. Thank you for coordinating with City officials to ensure that these agenda items are posted in accordance with the provisions of the Texas Open Meetings Act. I also enclose as Exhibit B the suggested motions for these items. I also enclose a draft copy of the Ordinance for inclusion in the City Council's agenda packets. Please send any comments to this Ordinance to me as soon as possible so that it may be finalized. Lastly, I enclose Exhibit A and Exhibit B in Word format for your convenience. Thank you, in advance, for your prompt attention to this matter. If I can provide any additional assistance concerning this matter, please do not hesitate to contact me. cc: Mr. ,1onn tcessel tctty of senertz, 1 exas) Mr. Juan Santoya (City of Schertz, Texas) Mr. Charles Zech (Denton, Navarro, Roche, Bernal, Hyde & Zech, P.C.) Mr. Mark McLiney (SAMCO Capital Markets, Inc.) Mr. Andrew Friedman (SAMCO Capital Markets, Inc.) Ms, Veronica Alonzo (SAMCO Capital Markets, Inc.) Mr. George W. Scofield (Firm) Mr. Clay Binford (Firm) Norton Rose Fulbright US LLP is a limited liability partnership registered under the laws of Texas. - 35598341.1 Norton Rose Fulbright US LLP, Norton Rose Fulbright LLP, Norton Rose Fulbright Australia Norton Rose Fuibaght Canada LLP and Norton Rose Fulbright South Africa Inc are separate legal entities and all of them are members of Norton Rose Fulbright Verein, a Swiss verem, Norton Rose Fulbright Verein helps coordinate the activities of the members but does not itself provide legal services to clients. Details of each entity, with certain regulatory information, are available at nortonrosefuibright.com. Ms. Brenda Dennis October 20, 2015 Page 2 Ms. Stephanie V. Leibe (Firm) Mr. Arnold Cantu III (Firm) Ms. Lauren Ferrero (Firm) Mr. Matthew A. Lee (Firm) 35598341.1 A NORTON ROSE FULBRIGHT EXHIBIT A 1. CONSIDERATION OF BIDS RELATING TO THE SALE OF OBLIGATIONS DESIGNATED AS "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015 "; CONSIDERATION AND APPROVAL OF FINANCIAL ADVISOR'S RECOMMENDATION CONCERNING THIS MATTER; AND OTHER MATTERS IN CONNECTION THEREWITH 2. CONSIDERATION AND APPROVAL OF AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015 ", LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, AN OFFICIAL BID FORM, AND AN ESCROW DEPOSIT LETTER; COMPLYING WITH THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; AND PROVIDING AN EFFECTIVE DATE 35598341.1 EXHIBIT B 1. A MOTION BY COUNCILMEMBER AND SECONDED BY COUNCILMEMBER THAT THE CITY COUNCIL ACCEPT THE FINANCIAL ADVISOR'S RECOMMENDATION CONCERNING THE ACCEPTANCE OF BIDS RELATING TO THE SALE OF OBLIGATIONS DESIGNATED AS "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015" 2. A MOTION BY COUNCILMEMBER AND SECONDED BY COUNCILMEMBER THAT THE CITY COUNCIL ADOPT AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015" 35598341.1 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: November 17, 2015 Department: Legal Subject: Ordinance No. 15 -M -40 Order Adopting Charter Amendments (First Reading) The Texas Local Government Code Section 9.005 provides as follows: Sec. 9.005. ADOPTION OF CHARTER OR AMENDMENT. (a) A proposed charter for a municipality or a proposed amendment to a municipality's charter is adopted if it is approved by a majority of the qualified voters of the municipality who vote at an election held for that purpose. (b) A charter or an amendment does not take effect until the governing body of the municipality enters an order in the records of the municipality declaring that the charter or amendment is adopted. Based on this section of the Texas Local Government Code a Charter amendment is adopted once approved by a majority of the qualified voters but does not take effect until City Council enters an order into its records declaring the amendment adopted. The ordinance proposed for adoption declares all amendments to be adopted effective immediately with the exception of the amendment to Section 4.09(c) in measure two which will not become effective until the first regular City Council meeting that consists of seven City Council members. FISCAL IMPACT There is no known fiscal impact for the City. Adopt the proposed ordinance on first reading. 50077367.2 50077367.2 ORDINANCE NO. 15 -M -40 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, ORDERING AND DECLARING THE 2015 CHARTER AMENDMENTS ADOPTED. WHEREAS, on November 3RD, 2015 the City of Schertz held an election on the adoption of amendments to the City's Home Rule Charter; and WHEREAS, on November 16th, 2015 the City Council canvassed the votes of said election; and WHEREAS, Texas Local Government Code Section 9.05 (b) provides that an amendment to a charter does not take effect until the governing body of the municipality enters an order in the records of the municipality declaring that the amendment is adopted; and WHEREAS, pursuant to notice of a public meeting held in compliance with the Texas Open Meetings Act, the City Council of the City of Schertz, Texas, convened into a regular meeting of the City Council on this the 171' day of December, 2015 for the purpose of entering an order into the records of the City and declaring that the amendments to the City Charter are adopted. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: Section 1. Findings. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Section 2. Proceedings. That an election was duly called and held on November 3rd, 2015 and final votes were canvassed on November 16th, 2015 on the question of the adoption of amendments to the City of Schertz Home Rule Charter. Section 3. Immediate Adoption of Amendments. It is hereby ordered that the following amendments are hereby declared to be adopted based on the canvassing of the November 3rd, 2015 election results: Amendments in Measure 1; The amendment to Section 4.01 in Measure 2; The three year term transition with 7 Council members in Measure 2; and Amendments in Measures 3 through 19. Section 4. Future Adoption of Amendment. It is hereby ordered that the following amendment is hereby declared to be adopted, based on the canvassing of the November 3rd, 2015 election results, effective the first Regular City Council in November 2016 that consists of seven City Council members: The amendment to Section 4.09(c) in Measure 2. Section 5. 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 6. 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 7. That all rights and privileges of the City are expressly saved as to any and all violations of the provision of any ordinances repealed by this ordinance which have accrued at the time of the effective date of this Ordinances; and, as to such accrued violation and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 8. 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 9. 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 10. This Ordinance shall be effective upon the date of final adoption hereof and any publication required bylaw. PASSED ON FIRST READING, the day of , 2015. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of , 2015. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter City Secretary, Brenda Dennis (CITY SEAL) APPROVED AS TO FORM City Attorney's Office CITY OF SCHERTZ, TEXAS HOME RULE CHARTER* PREAMBLE The citizens of the City of Schertz, in the Counties of Guadalupe, Bexar and Comal, State of Texas, being aware that their community is becoming ever larger and more prosperous and that ever increasing growth and prosperity are certain, desire to plan, regulate and control the affairs of the City to the fullest extent possible under the Constitution and general laws of this State. In this spirit, the citizens of the City of Schertz do hereby ordain this the Charter of the City of Schertz and accept the duties and responsibilities which it imposes and the privileges which it grants. [End of Preamble] ARTICLE I NAME OF CITY AND BOUNDARIES Section 1.01 Name. Those persons residing within the limits of the City, as those limits now are or as they may be in the future changed, are hereby constituted and shall continue to be a municipal body politic to exist in perpetuity under the name "CITY OF SCHERTZ" hereinafter referred to as the "City ". Section 1.02 Boundaries; Extension, Annexation and Disannexation. (a) Boundaries. The bounds and limits of the City are hereby established and described as those which exist under authority of the current City ordinances and displayed on a map maintained by the City Secretary and those boundaries established and changed hereafter as provided; such map to be maintained hereafter by the City Manager and maintained in a public place. (b) Extension of Boundaries; Annexation of Territory. The City Council shall have the power by ordinance to annex territory lying adjacent to the City, with or without the consent of the owners or inhabitants thereof, thereby extending and enlarging the bounds and limits of the City. Such annexations shall be limited and controlled by the applicable annexation laws of the State. (c) Disannexation. Any area hereafter annexed under this Charter and the law of this State may be disannexed as follows: i. Prior to disannexing any property of the City a public hearing shall held before both the City's Planning and Zoning commission and City Council on the proposed disannexation. ii. Before the 10th day before the hearing date before the Planning and Zoning Commission, written notice of the public hearing shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the area to be disannexed. The notice may be served by its deposit in the United States mail, properly addressed with postage paid. iii. Not later than 30 days of completion of the public hearing by the Planning and Zoning Commission the City Council shall hold a public hearing on the proposed disannexation. Before the 15th day before the date of the public hearing, a general description of the property to be disannexed and notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the City. iv. Not later than 30 days after the completion of the public hearing conducted by City Council the City Council may adopt an ordinance disannexing the property. A metes and bounds description of the property shall be attached to the ordinance as an exhibit. [End of Article 1] ARTICLE II POWERS OF THE CITY Section 2.01 General Powers. The City shall have all the powers granted to cities by the Constitution and general laws of the State together with all of the implied powers necessary to execute such granted powers. [End of Article II] ARTICLE III FORM OF GOVERNMENT Section 3.01 Establishment. The municipal government provided by this Charter shall consist of a Mayor and Councilmembers, elected by the people and responsible to the people, and a City Manager, appointed by and responsible to the City Council for proper administration of the affairs of the City. Pursuant to its provisions and subject only to the limitations imposed by the Constitution and general laws of the State and by this Charter, all powers of the City shall be vested in the elected Mayor and Councilmembers, who shall enact local legislation, adopt budgets and determine policies. [End of Article III] ARTICLE IV THE CITY COUNCIL Section 4.01 Number, Selection and Term. The City Council shall be composed of the Mayor and seven Councilmembers. The Mayor and all Councilmembers shall be elected from the City at large. Subject to Section 4.06(c), the Mayor and Councilmembers shall be elected in the manner provided in Section 9.01 of this Charter for three -year terms. Each Councilmember shall occupy a position on the City Council, such positions being numbered Place One through Place Seven. Section 4.02 Qualifications. The Mayor and each Councilmember must have attained the age of eighteen or older on the first day of the term of office applied for, be a registered voter of the City of Schertz, and have been a resident of the City for at least twelve consecutive months immediately preceding the deadline for filing for an application for a place on the ballot. Section 4.03 Judge of Election Qualifications. The City Council is the final judge of all elections and the qualifications of its members and any other elected officials of the City. Section 4.04 Compensation. Members of the City Council shall serve with such compensation as determined by the City Council. An increase in compensation shall not be effective for any member of the City Council during the term for which he or she was elected and the increase was approved. Payment of expenses incurred in performance of official duty may be approved by the City Council. Section 4.05 Mayor and Mayor Pro -Tem. The Mayor shall be the official head of the City government. He or she shall be the chairman and shall preside at all meetings of the City Council. The Mayor may vote only in the event of a tie. He or she shall, unless another signatory is otherwise designated by the City Council, sign all official documents such as ordinances, resolutions, conveyances, grant agreements, official plats, contracts, and bonds. He or she shall appoint special committees as instructed by City Council, with committee membership to be composed of nominees by the City Council. He or she shall perform such other duties consistent with this Charter or as may be imposed upon him or her by City Council. The Mayor shall not have veto powers. The Mayor Pro -Tem shall be a Councilmember appointed, effective each December 1 and June 1, on a six -month rotational basis in Place order, Places One through Five; provided, any Councilmember may decline to serve as Mayor Pro -Tem, and the Councilmember holding the next numeric Place shall then serve as Mayor Pro -Tem. The Mayor Pro -Tem shall act as Mayor during the absence or disability of the Mayor and in this capacity shall have the rights conferred upon the Mayor. While acting as Mayor, the Mayor Pro -Tem may vote on any matter before the City Council. Section 4.06 Vacancies, Forfeiture, Filling of Vacancies. (a) Vacancies. The office of a Councilmember or the office of the Mayor shall become vacant upon his or her death, removal from office in any manner authorized by law, or forfeiture of his or her office as provided for in this Charter. (b) Forfeiture. The Mayor or a Councilmember shall forfeit his or her office upon: (1) Final conviction of a felony or of an offense involving moral turpitude, a violation of any state laws regulating conflicts of interest of municipal officers, or is assessed a deferred adjudication or probation for any state laws regulating conflicts of interest of municipal officers. (2) Ceasing to be a resident of the City. (3) Failure to regularly attend City Council meetings without an approved absence obtained by a majority vote by City Council either before or after the absence. There shall be a presumption of failure to regularly attend when three (3) regular meetings are missed during a term year without obtaining an approved absence from City Council. (4) A determination by City Council of the inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of election. (c) Filling; Vacancies. In the event of a single vacancy in the City Council, if there are 365 days or more remaining on the term of the vacated City Council position, the City Council shall call a special election to fill such vacancy. If there are less than 365 days remaining in the term of the vacated City Council position, the City Council may, by majority vote of the remaining Councilmembers, at its discretion appoint a new Mayor or Councilmember to fill such vacancy or call a special election to fill such vacancy. Section 4.07 Prohibitions (a) Holding other Office. No Mayor or Councilmember shall hold any compensated City office or employment until two (2) years after the expiration of the term for which he or she was elected to the City Council. (b) Appointments and Removals. Neither the City Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officer or employee whom the City Manager or any of his or her subordinates are empowered to appoint, unless otherwise provided in this Charter, but the City Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees. (c) Interference with Administration. Except for the purpose of inquiries, unless otherwise provided in this Charter, the City Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately. (d) Admission of Liability. Neither the City Council nor any of its members shall accept or admit liability or pay any claim for damages asserted against the City without first obtaining a written opinion from the City Attorney regarding the City's liability therein. (e) Conflicts of Interest. It is hereby prohibited for the Mayor or Councilmember or a City Official to violate the rules and regulations regarding conflicts of interests as set out in the Texas Local Government Code, Chapter ] 71 as amended or its successor. For purposes of this Section term "City Official" means any individual subject to the requirements of Texas Local Government Code, Chapter 171 as amended or its successor. (f) Attorney Client Privilege. It shall be unlawful for the Mayor or a Council Member to release any attorney - client privileged communication. The City Council as the governing body of the City solely holds and is entitled to the attorney client - privilege and it may only be waived by an affirmative vote of two - thirds of the City Council. Section 4.08 Powers of the City Council. All City powers shall be vested in the City Council, except as otherwise provided by law or this Charter. Section 4.09 Meetings and Procedure. (a) Date Time Place and Notice. The City Council shall meet at least once each month at a time and place prescribed by ordinance. Special meetings may be called by the Mayor, the City Manager, or on application of three Councilmembers. Written notice of the date, place and subject of each meeting shall be posted in the City Hall and written notice of no less than twelve hours (two hours in the event of an emergency meeting of the City Council) shall be given to each Councilmember. (b) Open Meetings. Meetings shall be open to the public in accordance with applicable State law. (c) Quorum. Three Councilmembers (excluding the Mayor) shall constitute a quorum, and no action shall be valid unless adopted by the affirmative vote of three or more members of the City Council. If the Mayor Pro -Tem is presiding, he or she shall be counted for purposes of determining a quorum. (c) Quorum. Four Councilmembers (excluding the Mayor) shall constitute a quorum, and no action shall be valid unless adopted by the affirmative vote of four or more members of the City Council. If the Mayor Pro Tern is presiding, he or she shall be counted for purposes of determining a quorum. [EFFECTIVE THE FIRST REGULAR CITY COUNCIL IN NOVEMBER 2016 THAT CONSISTS OF SEVEN CITY COUNCIL MEMBERS] (d) Rules of Procedure. The City Council shall, by ordinance, determine its own rules and order of business, provided, however, that the citizens of the City shall have a reasonable opportunity to be heard at any meeting with regard to any matter relevant to the government of the City except at such meetings of the City Council as may be closed to the public as permitted by State law. Provision shall be made for the taking of minutes, which minutes shall be a public record. Voting, except on procedural matters, shall be by roll call and the ayes and nays shall be recorded in the minutes. (e) Passage of Ordinances and Resolutions. Ordinances and resolutions shall be introduced to the City Council only in written or printed form. The subject or subjects of all ordinances and resolutions shall be clearly expressed in the title. Except as may otherwise be prescribed in this Charter, an ordinance shall not be passed at the meeting of the City Council at which it is first introduced, but instead the ordinance or its caption shall be read, and the City Council will determine whether it shall be rejected or further considered at a subsequent meeting of the City Council. If rejected, no further action shall be required. The City Council must take second and final consideration of any ordinance not later than sixty days after the first reading of such ordinance. Notwithstanding the foregoing provisions, if the City Council, by a vote of not less than two - thirds of the members present at the meeting at which an ordinance is first introduced, determines that an emergency exists requiring immediate action, such ordinance may then be voted upon and rejected or passed at that meeting. The enacting clause of all ordinances shall be, `BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ", and every ordinance shall be authenticated by the signature of the Mayor and the City Secretary and shall be systematically recorded and indexed in an ordinance book in a manner approved by the City Council. (1) Franchise ordinances. All ordinances granting, confirming, extending, renewing or amending a franchise shall be accepted in writing by the grantees and before taking effect shall be published as otherwise provided in this Charter. (2) Effective date. Every ordinance passed by the City Council shall be enrolled by the City Secretary as soon as practicable after its passage. If the ordinance was published, he or she shall note the time and place of publication which shall be prima facie proof of publication thereof. The affidavit by the printer or publisher shall also be prima facie proof of the publication. Enrollment of an ordinance shall be prima facie proof of its legal adoption and effect. (3) Codification of ordinances. The City Council shall have the power to cause the ordinances of the City to be corrected, amended, revised, codified and printed in code form as often as the City Council deems advisable, and such printed code, when adopted by the City Council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. All printed ordinances or codes of ordinances shall be admitted as evidence in all courts without further proof and shall have the same force and effect as did the original ordinance. Section 4.10 Inquiry Powers. The City Council shall have the authority to inquire into the affairs of the City and the conduct of any City department, office, or agency. (Election of 4 -7 -79, 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 4.1.1 Council Investigations; Hearings; Process. A. General. In addition to any other specific authority of investigation and hearing provided for in this Charter, the City Council shall have the power to inquire into the official conduct of any department, agency, appointed boards, office, officers, employees or appointed board members of the City. For the purpose of investigations and hearings, the City Council shall have the power to administer oaths, subpoena witnesses, compel the production of books, papers, and other evidence material to the inquiry. The City Council shall provide, by ordinance, penalties for contempt in failing or refusing to obey any such subpoena or to produce any such books, papers or other evidence. The City Council shall have the power to punish any such contempt in the manner provided by such ordinance. B. Hearings Process for Forfeitures of Office and Prohibitions. 1. All hearings held under this subsection shall be conducted in open session, except that the City Council may conduct a closed session to get advice from its attorney pursuant to the Texas Open Meetings Act; 2. The office holder subject to any investigation and/or hearing under this section shall be entitled to written notice of the allegations of forfeiture and/or the alleged violation of this Charter as applicable; 3. A special meeting shall be called to hold the hearing; 4. A member of City Council who initiated or is the subject of the investigation or hearing shall not sit at the dais and shall not participate in deliberations or vote; 5. City Council shall adopt by ordinance rules of procedures to be followed; 6. The City Council shall state the nature of the hearing and the allegations to be considered, shall be provided the results of any investigation and a presentation of the evidence against the office holder including, but not limited to testimony from individuals; 7. The individual who is subject to the hearing shall be provided an opportunity to respond to the allegations and present any relevant evidence including, but not limited to, testimony from individuals; 8. City Council may ask questions of any individual; 9. No public comment shall be allowed; 10. In the case of an alleged forfeitures of office pursuant to Section 4.06 (b) of this Charter City Council shall vote on the forfeiture and on the affirmative vote of two- thirds of City Council declare the office of said office holder to be forfeited and vacant; 11. In the case of an alleged violation of Section 4.07 of this Charter City Council may, on the affirmative vote of a majority of the City Council, take any action it determines to be appropriate including, but not limited to, directing further investigation, requesting further information, vote to enforce a penalty pursuant to section 12.10 of this Charter, vote to bring an action in municipal court, take a vote of censure; or, upon the affirmative vote of two - thirds (2/3) of City Council, declare the office of said office holder to be forfeited and vacant. 12. Unless prohibited pursuant to subsection 4 herein, the Mayor shall vote in the case of an alleged forfeitures of office pursuant to Section 4.06 (b) of this Charter or of an alleged violation of Section 4.07 of this Charter. [End of Article IV] ARTICLE V CITY MANAGER Section 5.01 Appointment; Qualifications; Compensation. The City Council shall appoint a City Manager and fix his or her compensation. He or she shall be chosen on the basis of his or her executive and administrative training, experience, ability and character. He or she need not be a resident of the City or State at the time of his or her appointment, but he or she must agree, prior to such appointment, to become a resident of the City within four months after the date of his or her appointment. If he or she thereafter fails to become a resident of the City within that four -month period, he or she shall be deemed to have forfeited his or her appointment and the office shall be declared vacant by announcement of the Mayor at the first meeting of the City Council following the expiration of the four -month period. The City Manager shall serve at the will and pleasure of the City Council. He or she shall be employed for or relieved from his or her duties by a vote of a majority of the members of the entire City Council. Section 5.02 Acting City Manager. By letter filed with the City Secretary the City Manager shall designate, subject to approval of the City Council, a qualified City administrative officer to exercise the powers and perform the duties of City Manager during his or her temporary absence or disability. During any vacancy in the office of City Manager, the City Council may appoint an Acting City Manager to perform the duties of City Manager. During such absence, disability, or vacancy, the City Council may revoke such designation at any time and appoint another officer of the City to serve as Acting City Manager until the City Manager shall return or his or her disability shall cease or such vacancy is filled. (Election of 5 -6 -89, 5- 13 -06) Section 5.03 Powers and Duties of City Manager. The City Manager shall be the chief administrative officer of the City. He or she shall be responsible to the City Council for the administration of all City affairs placed in his or her charge by or under this Charter. He or she shall have the following powers and duties: (a) He or she shall appoint and, when he or she deems it necessary for the good of the City, suspend or remove City employees and appointive administrative officers provided for, by or under this Charter, except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter. He or she may authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. (b) He or she shall direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law. (c) The City Manager or their designee shall attend all City Council meetings and shall have the right to take part in discussion but may not vote. (d) He or she shall see that all laws, provisions of this Charter and acts of the City Council, subject to enforcement by him or her or by officers subject to his or her direction and supervision, are faithfully executed. (e) He or she shall prepare and submit the annual budget and capital program to the City Council. (f) He or she shall submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year. (g) He or she shall make such other reports as the City Council may require concerning the operations of City departments, offices and agencies subject to his or her direction and supervision. (h) He or she shall keep the City Council fully advised as to the financial condition and future needs of the City and make such recommendations to the City Council concerning the affairs of the City. (i) He or she shall perform such other duties as are specified in this Charter or may be required by the City Council. 0) He or she shall keep a written inventory of all real property and all permanent equipment belonging to the City, said inventory to be subject to annual audit. A system shall be established to control the use and replacement of expendable items. (k) He or she shall have the authority to sign documents in the name of the City as authorized by the City Council. (Election of 4 -7 -79, 5 -6 -89, 5- 13 -06) [End of Article V] ARTICLE VI OTHER DEPARTMENTS, OFFICES OR AGENCIES Section 6.01 General Provisions. (a) Creation of Departments. The City Council may continue, discontinue or establish City departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices and agencies. (b) Direction by City Manager. All departments, offices and agencies under the direction and supervision of the City Manager shall be administered by an officer appointed by and subject to the direction and supervision of the City Manager. With the consent of the City Council, the City Manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them. (Election of 4 -7 -79, 5- 13 -06) Section 6.02 Operational and Personnel Policies. The City Manager shall be responsible for the preparation of operational and personnel policies. Personnel policies which affect the budget and employee discipline and /or adverse actions shall be approved by City Council. The City Council may accept and adopt such policies as proposed or may adopt them with such amendments as the City Council deems necessary or may reject them in their entirety and direct the City Manager to further consider the policies and present new proposals at a subsequent meeting. Operational and administrative policies shall be approved by the City Manager but shall be provided to City Council for their information. Section 6.03 City Attorney. The City Council shall appoint a City Attorney for an indefinite term and fix his or her compensation. The City Attorney must be a member of the State Bar of Texas. He or she shall serve as chief legal advisor to the City, including the City Council, and, subject to applicable rules of the State Bar of Texas, the City Manager, supervisors of City departments and other City officers and agencies. He or she shall represent the City in all legal proceedings and shall perform any other duties prescribed by this Charter, ordinances of the City, or State laws. The City Council may retain an additional attorney or attorneys for the City when the City Attorney is absent or as other circumstances require. Section 6.04 Judge of the Municipal Court. The City Council shall establish a Municipal Court and shall appoint a Judge (and may appoint one or more deputy Judges) of the Municipal Court of the City and fix his or her compensation. Sessions of the Municipal Court shall be held at such times as may be determined by the Judge of the Municipal Court. When the Judge is absent, disabled or unable to perform his or her duties for any cause, or his or her office becomes vacant by reason of death, removal or resignation and no deputy Judge has been appointed, the City Council may appoint a special Judge of said court who shall serve until the Judge of said court returns to his or her duties or a successor is appointed and qualifies or a deputy Judge is appointed and qualifies. (Election of 4 -7 -79, 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 6.05 Terms of Office of City Attorney and Municipal Judge. Neither the City Attorney nor the Judge of the Municipal Court shall have any specified term of office, but each shall serve at the will and pleasure of the City Council. Either of such officers may be appointed to or relieved from office by a majority vote of the City Council. Section 6.06 City Secretary. (a) The City Council shall appoint a City Secretary who shall act as Secretary of the City Council and who shall hold office at the pleasure of the City Council. The City Secretary shall be the clerical officer of the City Council, and shall keep the minutes, agenda, ordinances and other official records of the City Council and the City. The City Secretary shall be the custodian of the official seal of the City, and shall have such other duties and powers prescribed in this Charter and by the City Council. The City Council will set the compensation for the City Secretary. The City Secretary shall report administratively to the City Manager but may be removed from office only by the City Council. (b) Upon approval by City Council of the position(s), the City Secretary may hire a deputy or deputies. The Deputy or Deputies shall report directly to the City Secretary. [End of Article VI] ARTICLE VII FINANCIAL PROCEDURES Section 7.01 Fiscal Year. The fiscal year of the City shall begin on the first day of October and end on the last day of the following September. Section 7.02 Submission of Budget. The City Manager shall submit to the City Council a budget for the ensuing fiscal year and an accompanying message not later than fifty days prior to the beginning of each fiscal year. Section 7.03 Capital Improvements Program. The City Manager may prepare and submit to the City Council a five year capital improvements program on his or her own initiative and shall do so when so directed by the City Council. Section 7.04 Audit. The City Council shall cause an annual audit to be made of the books and accounts of each department of the City and shall have an annual financial statement prepared based on the audit. A complete audit shall be made at the end of each fiscal year, and at such other times as may be necessary, by an independent Certified Public Accountant who shall be selected by the City Council. The annual financial statement, including the auditor's opinion, shall be filed with the City Secretary and shall be available for public inspection. The auditor selected shall not maintain or keep any of the City accounts or records. [End of Article VII] ARTICLE VIII ARTICLE IX NOMINATIONS AND ELECTIONS Section 9.01 City Elections. (a) The regular City election shall be held annually on the uniform election date in November, or at such other times as may be authorized or specified by State Law, at which time officers will be elected to fill those offices which become vacant that year. (b) The City Council shall fix the place for holding such election. (c) The City Council may, by ordinance or resolution, order a special election, fix the date and place for holding same, and provide all means for holding such special election. Section 9.02 Candidates. (a) Any person having the qualifications set forth for under Section 4.02 of this Charter shall have the right to file an application to have his or her name placed on the official ballot as a candidate for any one elective office. 1. Any such application shall be in writing, signed by such candidate, and filed with the City Secretary in accordance with the Texas Elections Code and this Charter. 2. An application filed in accordance herewith shall entitle such applicant a place on the official ballot. (b) A candidate of the City Council shall specify the place number or position the candidate is seeking. (c) A filing fee of five dollars, or such other amount as may hereafter be set by the City Council, must be paid to the City Secretary by each candidate upon presentation of his or her application. The filing fee shall be waived if the candidate states in writing that payment thereof will constitute a financial hardship. Section 9.03 Determination of Election Results. In the event no candidate for an elective office receives a majority of the votes cast for that place in the general or special election, a run -off election shall be held between the two (2) candidates who received the greater number of votes. In the event a tie vote makes it impossible to determine the winning candidate or candidates, resolution of such tie shall be decided as provided in the Texas Election Code. Section 9.04 City Council Ballots. The names of all candidates for office, except such as may have withdrawn, died or became ineligible, shall be printed on the official ballots in the order of Mayor, Councilmember -Place One, etc., without party designation, and the order of listing the candidates' names for each such office shall be determined in a drawing of lots conducted by the City Secretary. Early voting shall be governed by the general election laws of the State. (Election of 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 9.05 Ballots for Ordinances and Charter Amendments. An ordinance or Charter amendment to be voted on by the City shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement, describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described (ordinance) (amendment) be adopted ?" Immediately below such question shall appear, in the following order, the words "yes" and "no ". Ballots shall include voting instructions. (Election of 5- 13 -06) [End of Article IX] ARTICLE X INITIATIVE, REFERENDUM AND RECALL Section 10.01 General Authority. (a) Initiative. The qualified voters of the City shall have power to propose ordinances to the City Council. If the City Council fails to adopt an ordinance so proposed without any change in substance, the qualified voters shall have the power to adopt or reject it at a City election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of City officers or employees. (b) Referendum. The qualified voters of the City shall have power to require reconsideration by the City Council of any adopted ordinance. If the City Council fails to repeal an ordinance so reconsidered, the qualified voters shall have the power to approve or reject it at a City election, provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes. (c) Recall. The qualified voters of the City shall have the power to petition for recall of the Mayor or any member of the City Council by name and Place. (Election of 4 -7 -79, 5- 13 -06) Section 10.02 Commencement of Proceedings; Petitioners' Committee; Affidavit. Any five qualified voters may commence initiative, referendum or recall proceedings by filing with the City Secretary an affidavit stating they will constitute the petitioners' committee and will circulate the petition and file it in proper form stating their names and addresses and specifying the address to which all notices to the committee are to be sent and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. The affidavit for recall must distinctly and specifically state the reason or reasons for which the petition for recall is predicated and include the other requirements set forth in Section 10.06(b). Promptly after the affidavit of the petitioners' committee is filed, the City Secretary shall issue the appropriate petition blanks to the petitioners' committee. (Election of 4 -7 -79, 5- 13 -06) Section 10.03 Petitions. (a) Number of Signatures. Initiative and referendum petitions must be signed by qualified voters of the City equal in number to at least fifteen (15) percent of the number of voters registered to vote at the last general City election. Recall petitions must be signed by qualified voters of the City equal in number to at least twenty (20) percent of the number of voters registered to vote at the last general City election. (b) Form and Content. All pages of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. For a petition signature to be valid, the petition must: (1) contain in addition to the signature: (A) the signor's printed name; and (B) the signor's (i) date of birth; or (ii) voter registration number and the County of voter registration; and (C) the signor's residence address (including street address and County of voter registration); and (2) comply with any other applicable requirements prescribed by State law. Petitions shall contain or have attached thereto throughout their circulation the full text of the proposed ordinance or other subject matter of the petition. A recall petition must distinctly and specifically state the reason or reasons upon which the petition is predicated. (c) Affidavit of Circulator. Each page of a petition shall have attached to it when filed the following notarized affidavit, with all blanks properly completed: "STATE OF TEXAS § CITY OF SCHERTZ § I, , being first duly sworn, on oath confirm that (i) I am one of the signers of the above petition, (ii) I personally circulated the foregoing page of said petition, (iii) there are _ signatures on such page, (iv) each of the signatures appearing on such page was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and (vi) each signer had an opportunity to read the full text of the ordinance or other subject matter of the petition. Sworn and subscribed to before me, this the day of ,20 . Signed and Sealed by a Notary Public in and for State of Texas" (d) Filing Recall Petition. Recall petitions shall be initiated and filed with the City Secretary within sixty days after the petitioners' committee files its affidavit. (e) Filing Referendum Petitions. Referendum petitions must be filed within sixty days after adoption by the City Council of the ordinance sought to be reconsidered. (Election of 4 -7 -79, 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 10.04 Procedure After Filing. (a) Certificate of City Secretary; Amendment. Within twenty days after the petition is filed, the City Secretary shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the City Secretary within two days after receiving the copy of his or her certificate and files a supplementary petition upon additional papers within ten days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of Section 10.03, and within five days after it is fled, the City Secretary shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail as in the case of an original petition. If a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request City Council to review under subsection (b) of this Section within the time required, the City Secretary shall promptly present his or her certificate to the City Council and the certificate shall then be a final determination as to the sufficiency of the petition. (b) City Council Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the City Council. The City Council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the City Council's determination shall then be a final determination as to the sufficiency of the petition. (c) Court Review; New Petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the fling of a new petition for the same purpose. (Election of 5 -6 -89, 5- 13 -06) Section 10.05 Referendum Petitions; Suspension of Effect of Ordinance. When a referendum petition complying with all the provisions of Sections 1.0.03 and 10.04 is filed with the City Secretary the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (a) there is a final determination of insufficiency of the petition, or (b) the petitioner's committee withdraws the petition, or (c) the City Council repeals the ordinance, or (d) voters sustain the ordinance in an election. Section 10.06 Action on Petitions. (a) Action by City Council on Initiative or Referendum. When an initiative or referendum petition has been fully determined sufficient, the City Council shall promptly consider' the proposed initiative ordinance in the manner provided in Article IV or reconsider the referred ordinance by voting its repeal. If the City Council fails to adopt a proposed initiative ordinance without any change in substance within sixty days or fails to repeal the referred ordinance within thirty days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City at a special election. (b) Action by City Council on Petition for Recall. The recall petition must be addressed to the City Council of the City, must distinctly and specifically point out the ground or grounds upon which such petition for removal is predicated, and, if there be more than one ground, such as for incompetency, misconduct or malfeasance in office, shall specifically state each ground with such certainty as to give the officer sought to be removed notice of the matters and things with which he or she is charged. The officer whose removal is sought may, within five days after such recall petition has been presented to the City Council request that a public hearing be held to permit him or her to present facts pertinent to the charges specified in the recall petition. In this event, the City Council shall order such public hearing to be held, not less than five days nor more than fifteen days after receiving such request for a public hearing. If the officer whose removal is sought does not resign, then it shall become the duty of the City Council to order a recall election and fix a date for holding such recall election. (c) Submission to voters. The special election on a proposed or referred ordinance or petition for recall shall be held on the earliest date permitted by State and federal law after the date of the final City Council vote thereon. Copies of the proposed or referred ordinance shall be made available at the polls. (Election of 5 -3 -97, 5- 13 -06) Section 10.07 Results of Election. (a) Initiative. If a majority of the qualified voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the City Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendum. If a majority of the qualified voters voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. (c) Recall. If a majority of the votes cast at a recall election shall be against the recall of the person named on the ballot, he or she shall continue in office for the remainder of his or her unexpired term. If a majority of the votes cast at such election shall be for the recall of the person named on the ballot, he or she shall be deemed removed from office and the vacancy shall be filled as provided in Section 4.06(c) of this Charter. (Election of 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 10.08 Limitation on Recall. No Councilmember shall be subject to recall within six months of his or her election to office nor more than once during one term of office. A recall election need not be ordered by the City Council against any Councilmember on whom a petition is filed if his or her term of office is to expire within ninety days after the petition is filed with the City Secretary. (Election of 4 -7 -79, 5 -6 -89, 5 -3 -97, 5- 13 -06) Section 10.09 Ordinances Passed by Petition, Repeal or Amendment. No ordinance which may have been passed by the City Council upon a petition or adopted by popular vote under the provisions of this Article may be repealed or amended by the City Council for a period of three (3) years from the date said ordinance became effective and then only upon an affirmative vote of two- thirds (2/3s) of the City Council. [End of Article X] ARTICLE XI ARTICLE XII GENERAL PROVISIONS Section 12.01 Personal Financial Interest. For purposes of this Section term "City Official" means any individual subject to the requirements of Texas Local Government Code, Chapter 171. It is hereby prohibited for City Council members or a City Official to violate the rules and regulations regarding conflicts of interests as set out in the Texas Local Government Code, Chapter 171. Section 12.02 Charter Amendment. Amendments to this Charter may be framed and submitted to the voters of the City by a charter commission in the manner provided by law, by ordinance passed by a majority vote of the full membership of the City Council, or by a petition signed by not less than five percent of the qualified voters of the City. When a charter amendment petition shall have been filed in conformity with Section 10.03 of this Charter, the City Council shall, subject to applicable law, forthwith provide by ordinance for submitting such proposed amendment to a vote of the voters of the City. Any ordinance for submitting a charter amendment to the voters shall provide for submission of such amendments to the voters in accordance with applicable law. Not less than thirty days prior to such election the City Secretary shall make available at the City Offices a copy of the proposed amendment or amendments. If a proposed amendment shall be approved by a majority of the voters voting thereon, it shall become a part of the Charter at the time fixed therein. Each amendment shall be confined to one subject; and, when more than one amendment shall be submitted at the same time, they shall be submitted so as to enable the voters to vote on each separately. (Election of 4 -7 -79, 5 -6 -89, 5 -3 -97, 5- 13 -06, 11 -4 -08) Section 12.03 Charter Review Commission. The City Council shall periodically appoint a Charter Review Commission which shall consist of no less than 5 and no more than 11 citizens of the City. It shall be the duty of the Commission to: (a) Inquire into the operation of the City government under the Charter provisions and determine whether any such provisions require revision and to this end, public hearings may be held and the Commission shall have the power to compel the attendance of any officer or employee of the City to require the submission of any of the City records which it may consider necessary to the conduct of such hearing. (b) Make any recommendations it considers desirable to insure compliance with the provisions of this Charter by the several departments of the City. (c) Propose amendments to this Charter to improve its effective application to current conditions. (d) Report its findings and present its proposed amendments, if any, to the City Council. The City Council shall receive any report submitted by the Charter Review Commission, may comment on any proposed amendment recommendations made, and, if any amendment or amendments are presented as a part of such report, shall order such to be submitted to the voters of the City in the manner provided in Section 12.04. (e) The term of office of the Charter Review Commission shall be 180 days after the of the first meeting, said first meeting to occur within forty -five (45) days of the date of appointment. If during this term no report is presented to the City Council, then all records of the proceedings of the Commission shall be filed with the City .Manager and the Charter Review Commission shall be dismissed. (Election of 4 -7 -79, 5 -3 -97, 5- 13 -06) Section 12.04 Separability. If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of this Charter or any of its provisions to any person or circumstances is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby. (Election of 4 -7 -79, 5- 1.3 -06) Section 12.05 State Law. References in this Charter to "State law" shall refer to applicable provisions of State law in effect from time to time. (Election of 5- 13 -06) Section 12.06 Headings. Headings and titles of Sections and subsections of this Charter are for convenience only and shall not affect the meaning of any provisions within such Sections. (Election of 5- 13 -06) Section 12.07 Penalty Clause. A. Criminal Penalty. Any person who by himself or with others violates any provision of this charter shall, in addition to any other penalty, be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more $500.00. City Council shall enact an ordinance enforcing this section. B. Civil Penalty. Upon the affirmative vote of two - thirds of the City Council any person who by himself or with others violates any provision of this charter shall be, in addition to any other penalty provided for herein, subject to a civil fine of not more than $500.00. Section 12.08 Disaster Clause. In the case of a common disaster when a legal quorum of the City Council cannot otherwise be assembled due to multiple deaths or injuries, the surviving persons of the City Council, or highest surviving City official, if no elected official remains, shall, within 24 hours of such disaster, request the highest surviving officers of the Guadalupe County Commissioners Court to appoint a number of residents of Schertz, qualified to serve as City Council Members, equal to the number necessary to make a quorum to act during the emergency as the City Council. The newly appointed City Council shall call a City election within 15 days of their appointment, or as provided in the Texas Election Code, for election of the vacant offices, if for good reasons it is known a quorum of the present City Council will never again meet. If it is determined that a quorum of the City Council will meet again, the appointed Council Members shall serve in their position until such time as the Council Members may begin serving. [End of Article XII] AFFIDVITE OF CERTIFICATION OF AMENDMENT AND AUTHENTICITY OF THE CITY OF SCHERTZ'S HOME RULE CHARTER AMENDMENTS THE STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Michael R. Carpenter who, being by me duly sworn, deposed as follows: My name is Michael R. Carpenter. I am over the age of twenty -one (21) years, am of sound mind and am fully capable of making this affidavit. The testimony recited below is within my personal knowledge and is true and correct. I am the Mayor of City of Schertz. Attached hereto as Exhibit" A" is a true and correct copy of the City of Schertz's Home Rule City Charter as amended by the citizens of Schertz on November 3rd, 2015. In addition, attached hereto as Exhibit "B" is a true and correct copy of the minutes canvassing the election held on November 3rd, 2015 amending the City's Home Rule Charter. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority on this day of 2015, to certify which witness my hand and official seal. Notary Public, State of Texas (SEAL) Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: November 17, 2015 Department: Legal Subject: Ordinance No. 15 -M -41 Criminal Penalty for violation of City Charter (First Reading) The recently adopted amendments to the City Charter included a requirement that the City Council adopt an ordinance creating a criminal penalty for a violation of the City Charter. FISCAL IMPACT There is no known fiscal impact for the City. RECOMMENDATION Adopt the proposed ordinance on first reading. RECOMMENDATION Ordinance No. 15 -M -41 50077367.2 ORDINANCE NO. 15 -M -41 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, ADOPTING CRIMINAL PENALTIES FOR VIOLATION OF THE CITY CHARTER. WHEREAS, on November 3RD, 2015 the City of Schertz held an election on the adoption of amendments to the City's Home Rule Charter; and WHEREAS, Proposition No. 4 included a measure to amend the City Charter to include a criminal provision for violation of any provision of the Charter; and WHEREAS, on November 16th, 2015 the City Council canvassed the votes of said election; and WHEREAS, pursuant to notice of a public meeting held in compliance with the Texas Open Meetings Act, the City Council of the City of Schertz, Texas, convened into a regular meeting of the City Council on this the 17th day of December, 2015 for the purpose of entering an order into the records of the City and declaring that Proposition 4 was adopted; and WHEREAS, pursuant to the Charter amendment City Council is required to enact an ordinance to enforce the criminal provisions adopted. 110 1. II / . . I ■ SCHERTZ, TEXAS, THAT: Section 1. Findings. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Section 2. Criminal Penalty Adopted. That any person who by himself or with others violates any provision of the City Charter shall, in addition to any other penalty, be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more $500.00. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. That all rights and privileges of the City are expressly saved as to any and all violations of the provision of any ordinances repealed by this ordinance which have accrued at the time of the effective date of this Ordinances; and, as to such accrued violation and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the day of 12015. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of 12015. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 101 R 9 0 City Attorney's Office Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: November 17, 2015 Department: Legal Subject: Resolution No. 15 -R -106 - Conflicts of Interest Waiver The City's law firm of Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C. (hereinafter "DNRBHZ ") represents numerous municipalities throughout the State of Texas and will also represent, from time to time, affiliations or associations of municipalities working together to pursue common goals and it may be necessary for DNRBHZ to undertake common representation in a matter when the interests of its clients are aligned. In order for this common representation to occur the City's law firm is obligated to comply with its ethical obligations under Texas Disciplinary Rule of Professional Conduct 1.06. to include obtaining the of the City. There may arise situations in which DNRBHZ may act as an intermediary between its various clients and DNRBHZ is requesting consent to such representation so long as the matter can be resolved on terms compatible with the best interests of each client, that the common representation can be undertaken impartially, and that the matter can be resolved without the necessity of contested litigation among clients. To that extent circumstances may exist where time is of the essence that necessitates authorization from the City Council for DNRBHZ to continue legal representation or allow for appointment of special counsel. The attached resolution authorizes the City Manager to accept such notice from DNRBHZ and execute any necessary documents to accomplish the foregoing in a timely manner that does not prejudice the interest of any party. FISCAL IMPACT There is no fiscal impact for the City. Adopt the proposed resolution. RESOLUTION NO. 15 -R -106 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO APPROVE CERTAIN WAIVERS OF POTENTIAL CONFLICTS OF INTEREST IN REPRESENTATION BY THE CITY ATTORNEY WHEN THE INTERESTS OF THE CITY ARE NOT PREJUDICED WHEREAS, the law firm of Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C. (hereinafter "DNRBHZ ") represents numerous municipalities throughout the State of Texas; and WHEREAS, DNRBHZ will also represent, from time to time, affiliations or associations of municipalities working together to pursue common goals; and WHEREAS, DNRBHZ anticipates that situations will arise where interests of its clients may cease to be aligned; and WHEREAS, DNRBHZ takes its ethical obligations seriously and is committed to protecting the interests of all of its clients; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council acknowledges that DNRBHZ may undertake common representation in a matter when the interests of its clients are aligned, and consents to common representation conducted in accordance with Texas Disciplinary Rule of Professional Conduct 1.06. Section 2. The City Council acknowledges that there may arise situations in which DNRBHZ may act as an intermediary between its various clients, and consents to such representation so long as the matter can be resolved on terms compatible with the best interests of each client, that the common representation can be undertaken impartially, and that the matter can be resolved without the necessity of contested litigation among clients. Section 3. The City Council acknowledges that, in circumstances where two or more clients of DNRBHZ appear to become adverse, that DNRBHZ notify its clients of such circumstances, cease participation in that particular matter, and allow for the appointment of special counsel in the matter so that all parties can rest assured that their interests are fully protected. Section 4. The City Council acknowledges that time is of the essence when circumstances arise that would necessitate authorization from the City Council for DNRBHZ to continue legal representation or allow for appointment of special counsel and the City Council hereby authorizes the City Manager to accept such notice from DNRBHZ and execute any necessary documents to accomplish the foregoing in a timely manner that does not prejudice the interest of any party. Section 5. 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 6. 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 7. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 8. 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 9. 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 10. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 17th day of November 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor I_7IIYf9M1111i Brenda Dennis, City Secretary (CITY SEAL) �. 1 i CITY COUNCIL MEMORANDUM City Council Meeting: November 17, 2015 Department: Development Services BACKGROUND The Lone Star Rail District (LSRD), initially established as the Austin -San Antonio Commuter Rail District was established to create a mass transportation system between Austin and San Antonio. The City of Schertz has been a member of the organization for many years. As part of City's membership the City is guaranteed a future rail stop within its City limits, provided it enters into the Interlocal Cooperation Act Agreement and regional passenger rail service is established. The Interlocal Cooperation Act Agreement (the "Agreement ") establishes a transportation infrastructure zone that will be used to finance the LSRD and identifies in- kind contributions that will be made by the City to the LSRD. It also establishes the minimum requirements for the City to provide road access, drainage facilities, water, and sewer infrastructure to the station site. The Agreement provides a timeline and benchmarks whereby the LSRD will bring the project to fruition. The Agreement reestablishes a membership fee of $49,500.00 which will be paid annually. The term of the Agreement is 36 years and can be extended for an additional 20 years. Per the Agreement, the City agrees to establish a tax increment fund in the area shown on the attachment to the Agreement. The City will hold the funds until LSRD has met the measures of viability outlined in the Agreement at which point LSRD may request reimbursement from the fund for developing and constructing the rail system. The amount collected by the Tax Increment Zone is equal to 60% of the increment and an amount equal to 60% of the estimated sales tax revenue growth. If the 60% of estimated sales tax growth exceeds 100% of the ad valorem growth, the City's contribution is capped at 100% of the advalorem amount. Goal The Lone Star Rail District is seeking approval of the interlocal agreement that provides for the funding of operations of the rail service. Lone Star Rail is seeking approval of funding agreements from all of the member cities. Approval of the agreement is the next step in establishing regional rail service with a station in Schertz. Community Benefit Providing regional rail service with a station in Schertz will allow residents and employees in Schertz to access Lone Star Rail service to travel easily between San Antonio and Georgetown. It should be noted that one concern expressed during meetings with the Planning and Zoning Commission and Economic Development Corporation is that in order to accommodate passenger rail service, much of the existing freight traffic on that line would be shifted to a bypass line that includes the existing UP line that runs parallel to FM 78. This will substantially increase rail traffic on that line and exacerbate traffic issues associated with the existing at grade crossings. This is a significant concern, and one that will exist as freight traffic increases regardless of Lone Star Rail and will increase if Lone Star Rail service comes about whether the City of Schertz is a member or not. As such, Staff feels the City has more influence in working to address this problem as a member of the Lone Star Rail District. Summary of Recommended Action To recommend approval of Resolution. I5 -R -92 authorizing the City Manager to enter into an interlocal agreement with the Lonestar Rail District to provide for funding of operations. FISCAL IMPACT Annual membership fee of $49,500.00 has been paid by the SEDC. The agreement also require the City to provide road access and utilities to the yet to be identified station location. The City will also be responsible for custodial services, maintenance of the station, platform and grounds as well as expenses related to utilities and security. The City will also waive all permitting fees associated with the facility. Finally, the City will be committing up to 100% of the Tax Increment in the zone to the Lone Star Rail District. RECOMMENDATION Staff recommends approval of Resolution No. 15 -R -92 ATTACHMENT(S) Resolution No. 15 -R -92 Interlocal Cooperation Act Agreement between the City of Schertz and LSRD RESOLUTION NO. 15 -R -92 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE INTERLOCAL COOPERATION ACT AGREEMENT BETWEEN THE CITY OF SCHERTZ AND THE LONE STAR RAIL DISTRICT (LSRD); AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") desires to have a rail station within the City of Schertz: and WHEREAS, the Lone Star Rail District was created to provide regional passenger rail service along the IH -35 corridor; and WHEREAS, regional rail service is key to meeting the region's future transportation needs by adding capacity to the regional transportation system without the disruption and expense of freeway expansion; and WHEREAS, the introduction of regional passenger rail service can have positive effects on a region's economy through transportation impacts; and WHEREAS transportation accessibility and mobility is one of several important economic growth factors; and WHEREAS the City of Schertz has been a member of the Lone Star Rail District in an effort to bring passenger rail service to Schertz; and WHEREAS the Schertz Economic Development Corporation (SEDC) has found and determined that the payment of the membership fee is suitable for the development of mass commuting facilities and infrastructure located on or adjacent to a railport facility; and WHEREAS the SEDC held a meeting on October 22, 2015 . and the Board of the SEDC voted to recommend that the City enter into the Interlocal Cooperation Act Agreement to bring about passenger rail service in Schertz; and WHEREAS the Interlocal Cooperation Act Agreement is authorized by Chapter 791 of the Texas Government Code; and WHEREAS LSRD and the City wish to outline funding obligations including the creation of a transportation infrastructure zone; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Interlocal Cooperation Act Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Council authorizes the City Manager to execute and deliver the Interlocal Cooperation Act Agreement between the City of Schertz and the Lone Star Rail District 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 17th day of November, 2015. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Mayor Michael R. Carpenter N INTERLOCAL COOPERATION ACT AGREEMENT BETWEEN THE CITY OF SCHERTZ AND THE LONE STAR RAIL DISTRICT A -1 DRAFT -- 9/24/15 INTERLOCAL COOPERATION ACT AGREEMENT Between The This Interlocal Cooperation Agreement is authorized by Chapter 791 of the Texas Government Code and by Chapter 173 of the Texas Transportation Code (Chapter 173) and is by and between the City of Schertz, a Texas home -rule municipal corporation (City) and Lone Star Rail District, a Texas Intermunicipal Rail District (LSRD) (Parties) and has an effective date of 2015 (Effective Date). This agreement (Agreement) is an interlocal agreement authorized and governed by the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. Each party represents and warrants that in the performance of its respective obligations as set forth in this Agreement, it is carrying out a duly authorized governmental function, which it is authorized to perform individually under the applicable statutes of the State of Texas and /or its charter. Each party represents and warrants that the compensation to be made to the performing party contemplated in this Agreement are in amounts that fairly compensate the performing party for the services or functions described in this Agreement, and are to be made from current revenues available to the paying party. Chapter 173 authorizes local governments to enter into interlocal cooperation agreements with intermunicipal rail districts to perform governmental functions, such as the creation of a Transportation Infrastructure Zone. A transportation infrastructure zone establishes a mechanism for a local government to capture increments of ad valorem taxes from the increased tax revenue attributable to the construction and operation of an intermunicipal rail system within the territory of the participating local government. LSRD and the City wish to create a transportation infrastructure zone to facilitate the City's contribution of financing for the LSRD rail system_ The transportation infrastructure zone created by LSRD and the City (Zone) will be comprised of the one LSRD rail station that is planned to be located within the City's territory. The City will contribute tax increment financing for the design, construction, operation, and maintenance of infrastructure within the Zone, as stated in this Agreement. LSRD wants a transportation infrastructure zone created on or before December 31, 2015 to establish the tax increment base and also wants a method of providing financing for rail purposes within the Zone to be established at this time. The City and LSRD acknowledge that creating the Zone and establishing the date for determining the tax increment base on or before December 31 provides significant value to LSRD and that establishing a mechanism for financing the Projects in the Zone at this time is also of significant value to both parties. The proposed Transportation Infrastructure Zone has been reviewed by the City and is considered by it to include properties whose timing and level of development will be directly impacted for the positive by the establishment of a passenger rail station by LSRD. In consideration of the premises and the mutual covenants set forth herein and for DRAFT -- 9/24/15 other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. "Agreement" means this Interlocal Agreement approved by the Parties as shown in Exhibit "A ". 2. "Captured Appraised Value" means the value of the taxable property in the Zone for a taxable year as of December 31 less the value of the Tax Increment Base. 3. "City Projects" means City transportation projects the City may decide to construct in the Zone. The City is not obligated to construct, acquire or otherwise provide the City Projects, but the City may do so, at its sole discretion. 5. "Project" means the LSRD infrastructure, facilities or operations included in the Project Plan for which the Tax Increment will be used to fund. "Project Plan" means the plan by LSRD for transportation facilities and related improvements in or related to service in the Territory of the local government and is attached to this Agreement as Exhibit "B ". "Property Tax Additional Growth Revenue" is the additional revenue participation from property tax revenue growth within the Zone' calculated as the difference between the City general fund one percent (1 %) local rate sales tax revenue collected by the City from taxable activities within the Zone for the year of the Tax Increment Base and the amount of corresponding local rate sales tax revenue collected by the City from taxable activities within the Zone for a calendar year. 8. "Special Revenue Fund" is a financial system fund used to account for only those funding and financial items or activities provided for under this Agreement, including but not limited to the managing or accounting of revenues, deposits, interest earnings, allocations, distributions or uses of funds. 9. "Tax Increment" — Taxes levied and collected on the amount of the Captured Appraised Value on taxable property within the Zone. 10. "Tax Increment Base" means the appraised value of all taxable property located in the Zone as of December 31 st of the first year during which this Agreement is effective. 11. "Tax Increment Fund" means an interest earning Special Revenue Fund account established for deposit of the Tax Increment collected in the Zone plus its interest earnings. 12. "Tax Increment Payment" means payments to LSRD from the Tax Increment Fund dispersed as stipulated in this Agreement. 13. "Territory" is the city limits of the City. DRAFT -- 9/24/15 f Transportation • Date • the area within the Zone, as defined on Agreement. stations If there are separate be referred to by station the • of r I: 1. The Zone is created on the Effective Date of this Agreement. The initial term of this Agreement is 36 years. The term of the Agreement may be extended for an additional 20 years upon approval by the City Council and LSRD. 2. LSRD will notify the City of the approaching end of the initial term of this Agreement and the option to extend the agreement for an additional 20 years no later than two and a half years (36 months) before the initial termination date. No later than two years (24 months) before the end of the initial term of this Agreement, the City Council will consider and vote on whether to approve an extension of the term and notify LSRD as to whether or not the City agrees to extend the initial term. 3. In the event the Council votes to not exercise an extension, the City shall provide LSRD a written notice no later than 30 days following the Council action stating its intent to not extend the term. 4. It is the intent and understanding of the Parties that the obligations of each party under this Agreement shall remain effective only so long as and provided that there are current revenues available to the paying party for the purposes of this Agreement. C. OBLIGATIONS OF EACH PARTY 1. LSRD's Obligations: a. Measure of Viability and Timeline i. Measure for Determining Project Viability: LSRD has a contractual agreement or agreements with Union Pacific (UP) for transfer of ownership of UP's existing rail right of way to or for the benefit of LSRD and LSRD has secured all necessary capital funding for the proposed new freight rail line and the proposed passenger rail transportation facilities necessary to initiate service. LSRD also has a financial plan and commitment for funding its operations, capital improvements plan, and repayment for any loans or debt related to its capital funding. ii. Project Timeline: If by six years from the execution of this Agreement or by January 1, 2022, whichever is the later, LSRD has not met the Measure for Determining Project Viability described in (i) above, then the City or LSRD, at either's option, may terminate the Agreement and all funds accumulated in the Tax Increment Fund will be available for Council to redirect to any lawful municipal purpose. iii. Until such time as LSRD provides notice to the City that it has met the provisions of Section C.La.i Measure for Determining Project Viability of this Agreement, 3 DRAFT -- 9/24/15 LSRD shall have the right to terminate this Agreement by giving written notice to the City and all funds accumulated in the Tax Increment Fund will be available for Council to redirect to any lawful municipal purpose. b. Project Plans and Specifications i. LSRD will design and plan the transportation facilities and related improvements that are to be constructed in the Zone in a manner consistent with the Project Plan in effect on the Effective Date of this Agreement. The plans and specifications for the infrastructure shall comply with all federal, state, and local design and construction standards, including the Texas Accessibility Standards, and the applicable provisions of the Americans with Disabilities Act (ADA), and rail and traffic safety standards, in effect at the time of construction. ii. The plans and specifications for transportation facilities and related improvements shall be subject to the City's review as provided by statute, code, and applicable local laws; provided, however, the plans and specifications for utility infrastructure for utilities that will be supplied by LSRD (including, without limitation, electric and thermal) shall be in accordance with LSRD requirements and subject to City approval per applicable city regulations. iii. LSRD agrees to consult with the City with respect to the design aspects of the transportation facilities and related improvements not directly governed by City regulations that relate to community integration and general aesthetics. LSRD will also take into consideration the City's input on the design of public accessed station facilities related to public safety and the affordability of station operation costs such as custodial, maintenance, repair and utility requirements. To the extent commercially reasonable and within the financial capacity of LSRD, LSRD shall endeavor to implement the City's recommendations with respect to the design aspects of the transportation facilities and related improvements. iv. All sets of plans, as -built drawings, and specifications required to be provided to the City in this Section and elsewhere in this Agreement shall be delivered to the City as complete sets of print and electronic drawings. The electronic drawings shall be in a program format agreed upon by the Parties. V. The plans and specifications for transportation facilities and related improvements in the Zone shall include all track improvements and all other improvements as set forth in the Project Plan. The plans and specifications for the transportation facilities and related improvements shall comply with all federal, state, and local design and construction standards, including the Texas Accessibility Standards, and the applicable provisions of the Americans with Disabilities Act (ADA), and rail and traffic safety standards, in effect at the time of construction. c. Material Changes to Project Plan 0 DRAFT -- 9/24/15 i. LSRD agrees to provide prior written notice of any proposed material or substantial change to the scope of the work, cost estimates, or project schedule for the Project Plan. Material changes are those changes to the Project Plan that are reasonably anticipated to increase the City's costs of participation or increase the costs of City Projects such that the cost could not be reasonably addressed within the corresponding City Project's budget. LSRD shall have the right to amend and modify the Project Plan without providing prior written notice if the proposed change is not material. LSRD's obligation to comply with the Project Plan is subject to the City's provision of funding pursuant to this Agreement, and to LSRD's right to terminate this Agreement. ii. The City shall have a period of 45 business days from the date of receipt of such notice of a material change to provide comments and objections to the proposed change. The absence of written objections or comments by the City will constitute approval of the proposed material change by the City. If the City provides written notice to the LSRD that it objects to the proposed material change, and the objection, as set out in the notice, is not resolved within 45 business days from the date of such notice, then the City and LSRD shall meet to resolve the noticed objections. iii. If the City and LSRD are unable to resolve the objections, no material change to the Project Plan shall be made. If LSRD can accomplish the change without increasing the City's costs of participation or increasing the costs of City Projects such that the cost could not be reasonably addressed within the corresponding City Project's budget it is no longer a Material Change and can amend the Project Plan. LSRD shall repair or otherwise make the City whole for any damage to City Property that is the result of its development or construction activities under the Project Plan. d. LSRD agrees that it will provide Passenger Rail Service to the Zone subject to LSRD's Project Plan and its right to terminate this Agreement. But LSRD shall not be obligated to provide Passenger Rail Service in the Zone if the City's funding under this Agreement is discontinued or terminated for any reason. e. LSRD Reporting Requirements i. LSRD shall provide the City access to its budget calendar, proposed annual budget (operating and capital), and give written notice of adoption of LSRD budgets (operating and capital). LSRD shall provide access to both proposed and approved budgets. ii. Once the Measure for Determining Project Viability has been met, LSRD shall prepare an annual report to be provided to all Parties no later than 180 days following the LSRD's year -end (September 30). Such report shall include, at a minimum, the audited financial statements for LSRD, Report on Internal Controls, Single Audit Report, Report on any and all Transportation Infrastructure Zone Funds, Capital Program Status Report, and trend data covering operational statistics and service level metrics. DRAFT -- 9/24/15 iii. Every five years after the Effective Date of this Agreement, LSRD shall provide no later than 180 days following the LSRD's year -end (September 30) a written, comprehensive 20 year financial forecast covering operations and capital programs accompanied by the underlying forecast assumptions. This forecast shall also include a comprehensive description of rail service levels, anticipated changes in service levels, and the timing of such changes. 2. City's Obligations: a. Tax Increment Fund i. The City shall establish a Tax Increment Fund as an interest earning Special Revenue Fund, to account for the property tax increment revenue that is collected in the Zone related to the proposed rail station within the territory of the City. ii. The City's percent property tax increment participation level to be collected and deposited into the Tax Increment Fund shall be equal to the LSRD Allocation specified in Section E.l.a. of this Agreement, provided however that the City shall have the right to withdraw from the Tax Increment Fund amounts to be used for City Projects until the LSRD provides the notice required in Section C. La. above. iii. The property tax increment revenue plus all interest earnings in the Tax Increment Fund will accumulate for potential future use in accordance with the terms of this Agreement. iv. The City shall maintain custody and manage any and all funds deposited in the Tax Increment Fund. LSRD shall have no access to, control over, nor any right to manage the Tax Increment Fund. v. The City may terminate, suspend participation in, or withdraw from this Agreement as stated in Section BA, Section C.1, Section H.I. and Section H.2. In the event the City terminates, withdraws, or suspends its participation in this Agreement, the City Council may redirect accumulated balances in the Tax Increment Fund to any lawful municipal purpose. The City may suspend payment from the Transportation Infrastructure Fund to LSRD under this Agreement for such time as LSRD discontinues Passenger Rail Service to the City's station unless the discontinuation in response to an event of Force Majeure as provided in Section H.3 of this Agreement or if the LSRD determines the continuation of service may pose a risk to the health, safety or welfare of the public, LSRD's transportation services users or LSRD employees and contractors. b. In -Kind Contributions by the City to LSRD i. In addition to the other funding, contributions or payments made pursuant to this Agreement, the City shall provide for all stations served by LSRD within . the portion of the Territory located within the city limits of the City custodial services, maintenance of the station, platform, grounds and landscaping, and 0 DRAFT -- 9/24/15 expenses related to utilities (water, electric, wastewater services and trash removal) and security. Notwithstanding the foregoing, station facilities solely dedicated to LSRD use and not intended for, or in support of public access or use, will not be the responsibilities of the City under this provision of the Agreement. The City shall maintain the stations at a regular level of cleanliness, maintenance and repair as if they were a City facility and to a level at least equal to that maintained for its other facilities or offices where the public conducts business with City staff, such as public libraries, utility bill payment offices, development permitting offices and city clerk or secretary office. A maintenance schedule and other standards deemed necessary for these services as well as the City's legal right for access shall be set out in a separate agreement between the City and LSRD. ii. The City shall waive or be responsible for all City fees associated with the development of LSRD transportation facilities and/or related infrastructure, including those items identified to be constructed or purchased in the Project Plan. iii. The City will initiate in a timely fashion, and be the applicant for the zoning mutually determined necessary by the Parties for the real property used in the construction and/or operation of LSRD transportation facilities and related infrastructure within the Territory. iv. To the extent legally permissible under state law, the City shall grant, dedicate or contribute to LSRD, without cost, the use of or necessary property rights for its real property and rights of way necessary for the Project Plan, including any City owned temporary or permanent station site within the Territory and City owned rail right of way to LSRD. The grant, dedication or contribution. of City owned real property or rights of way to LSRD shall be an in -kind contribution and consideration for the provision of services from LSRD and shall be available for use by LSRD as a match for federal or state funding. c. No Other Funding Obligation Except for providing funding, payments, contributions and related interest earnings as set out in this Agreement, the City shall not have any obligation or responsibility for any costs or expenses associated with the development of the Zone or the implementation of the Project Plan, including, without limitation, any obligation to pay or repay any debt. d. City's Economic Development Agreements Subsequent to the Effective Date, the City may grant economic development agreements or create other tax or fee agreements for property within the Zone. Such agreements shall not reduce the City's participation level established pursuant to this Agreement. The City will inform LSRD of public meetings and hearings relating to these agreements so that it may inform the City of any impact such an agreement may have on the operations of the Project. e. City Actions regarding the Zone 0 DRAFT -- 9/24/15 i. After a Zone is established, the City will endeavor to support station area planning and development implementation that may result in multi- use /transit oriented development (TOD) or other rail supportive growth within each Zone. City staff will inform the Planning and Zoning Commission and the City Council of the conformance of their pending decisions on land use /zoning within the Zone with multi use /TOD or other passenger rail supportive uses within the Zone. ii. If appropriate, the City will support and work with LSRD, as necessary, for the establishment and use of other funding mechanisms (such as public improvement districts or municipal management districts) that allow private property owners within the Zone to participate in funding the establishment and ongoing provision of rail service in the Zone. L Membership The City shall establish and maintain its membership with LSRD in good standing including paying any applicable LSRD membership fee. Membership in LSRD will entitle the City to have representation on the LSRD Board of Directors in conformance with Chapter 173. Annual membership fee levels are established by the LSRD Board and as of the Effective Date are $49,500.00 annually. •• f .• The City shall provide LSRD with annual reports on the Tax Increment Fund including, but not limited to, annual tax increment revenue, interest earnings, assessed valuation for properties in the Zone, accumulated balances in the Tax Increment Fund, Tax Increment Payments and reimbursements for City Projects. D. CITY ZONE PROJECTS a. The City Projects identified on Exhibit D and related improvements are to be provided or constructed in the Zone in a manner consistent with the Project Plan in effect on the Effective Date of this Agreement as applicable. The plans and specifications for the infrastructure shall comply with all federal, state, and local design and construction standards, including the Texas Accessibility Standards, and the applicable provisions of the Americans with Disabilities Act (ADA), and rail and traffic safety standards, in effect at the time of construction. b. The City will coordinate with LSRD in the design and provision or construction of all transportation infrastructure directly impacting LSRD's Project that it may be responsible for constructing under this Agreement, including providing sets of plans, specifications and as -built drawings in a timely fashion. c. The Tax Increment shall be allocated for payment to LSRD or for use by the City for the City Projects as stipulated in this Agreement. d. Funds deposited or held in the Tax Increment Fund that are not to be paid to LSRD under this Agreement may be withdrawn by the City for reimbursement of costs of the design, construction, operation, and maintenance of the City Projects 0 DRAFT -- 9/24/15 described in Exhibit D. Upon completion of the City Projects selected for implementation by the City under this Agreement or upon the termination of this Agreement, the City Council may redirect any accumulated balances of funds not allocated for disbursement to LSRD from the Tax Increment Fund to any lawful municipal purpose. E. TAX INCREMENT FINANCING FUND ALLOCATION AND DISBURSEMENTS 1. LSRD Allocation a. The City's Tax Increment Payment to LSRD from the Tax Increment Fund on a yearly basis, unless otherwise stipulated in this Agreement, shall include the following plus all interest earnings: i. Sixty percent (60 %) of the Tax Increment; and ii. A Property Tax Additional Growth Revenue payment to the Fund from the Tax Increment based on the following calculation: a) The City shall determine the general fund's one percent (1 %) local rate sales tax revenue collected by the City for the year of the Tax Increment Base and the amount of corresponding local rate sales tax revenue collected by the City from taxable activities within the Zone for the previous calendar year. The difference in local rate sales tax revenue collected between the Tax Increment Base year and the prior calendar year is defined as Additional Sales Tax Revenue. b) The City shall pay into the Tax Increment Fund an annual Property Tax Additional Growth Revenue amount equal to sixty percent (60 %) of the amount of Additional Sales Tax Revenue. b. Only the revenue sources or operational support (other than appropriated annual membership payments) designated in this Agreement will be used or provided by the City for its contribution of funding for the LSRD rail system and its operations. c. In no case shall the City's Tax Increment Payment to LSRD from the Tax Increment Fund exceed 100% of the Tax Increment calculated on a yearly basis of the Tax Increment plus interest earnings unless otherwise stipulated in this Agreement. 2. Disbursement of LSRD Allocation a. Until the conditions in the Measure for Determining Project Viability are met, no monies shall be disbursed to LSRD from the Tax Increment Fund. b. Once the conditions in the "Measure for Determining Project Viability" are met, LSRD may request reimbursements for uses of the Tax Increment Fund consistent with this Agreement. Requests for reimbursement must be made in a form approved by the City and shall be submitted to the City 45 days or more 0 DRAFT -- 9/24/15 before the date of a Tax Increment Payment. The City shall reimburse LSRD only for Projects designed and constructed. Reimbursements may be used only for the purposes stated in Texas Transportation Code Sectionl73.256 (e) "Financing of Certain Transportation Infrastructure," which currently reads as follows: To provide a local match for the acquisition of right -of -way in the territory of the local government; or ii. For design, construction, operation, or maintenance of transportation facilities in the territory of the local government. c. During the 24 months before the initiation of Passenger Rail Services, LSRD may request funding consistent with this Agreement for reasonable and necessary start-up costs that are allowable under Texas Transportation Code Section 173.256 (e), excluding rolling stock. These costs may include costs for staff necessary to drive and test rail equipment functionality to meet Federal inspection requirements, security service and insurance on rail facilities. Requests for funding must be made in a form approved by the City and shall be submitted to the City 45 days or more before date of a Tax Increment Payment. Reimbursements may be used only for the purposes stated in Texas Transportation Code Section 173.256 (e) "Financing of Certain Transportation Infrastructure ". d. When LSRD begins providing Passenger Rail Service to City residents, the City will begin making Tax Increment Payments of the property tax increment revenue consistent with section E.1 of this Agreement plus interest earnings collected and deposited in the Tax Increment Fund to LSRD semi - annually on March 1 and September 1 (or the first business day thereafter). In addition, the first scheduled payment will include any accumulated balance in the Tax Increment Fund as calculated pursuant to and consistent with Section E of this Agreement. 3. Excess Funds and Limitations on Funds. When the Zone is in operation and Tax Increment Payments are being made, LSRD will annually identify any excess funds it receives from all local government Tax Increment Payment sources that are not needed for the Project, including but not limited to reserves (including operating, emergency, liabilities, risk and/or self - insurance or debt reserves), operations and maintenance, capital or equipment replacement or debt service and return to the City its prorated share of the excess funds for redeposit into the Tax Increment Fund established under this Agreement for use by the City on City Projects. The City may use the returned funding for any lawful municipal purpose. a. LSRD agrees that representatives of the City Auditor, or other authorized representatives of the City, shall have access to, and the right to audit, examine, or reproduce, any and all records of LSRD related to the performance under this Agreement. LSRD shall retain all such records for a period of three years after final payment on this Agreement, until all audit and litigation matters that W DRAFT -- 9/24/15 the City has brought to the attention of LSRD are resolved, or as required by law or regulatory requirements, whichever is longer. LSRD agrees to refund to the City, in accordance with a schedule reasonably agreed to by the Parties, any overpayments by the City to LSRD disclosed by any such audit. LSRD will pursue reimbursement of overpayments by LSRD to contractors discovered by a City audit in a timely manner consistent with passenger rail industry practices. LSRD shall include the preceding language in all contractor agreements entered into in connection with this Agreement. b. The City agrees that authorized representatives of LSRD shall have access to, and the right to audit, examine or reproduce any and all records of the Tax Increment Fund related to the performance under this Agreement. The City shall retain all such records for a period of three years after final payment on this Agreement, until all audit and ligation matters that the LSRD has brought to the attention of the City are resolved, or as required by law or regulatory requirements, whichever is longer. The City agrees to pay to LSRD any underpayments disclosed by any such audit subject to legitimate objections and dispute resolution pursuant to Section H.2.. c. In the event, there is an additional calculation or redetermination of payments by the City or LSRD, the Party providing payments shall have no obligation to make any additional payment if the redetermination or recalculation occurs more than eighteen (18) months after the date of a payment. 5. Project Management a. The City Manager or his designee (the "City's Director ") will act on behalf of the City regarding the City's responsibility under this Agreement with respect to the development, maintenance and operations of City Projects within the Zone and shall coordinate with LSRD, receive and transmit information and instructions, and will have complete authority to interpret and define the City's policies and decisions with respect to the Parties' obligations and performance under this Agreement. The City's Director may designate a City Project Manager and may designate other representatives to transmit instructions and act on behalf of the City with respect to the Parties' obligations and performance under this Agreement. b. The Executive Director of LSRD or his designee (the "LSRD's Director ") will act on behalf of LSRD with respect to the development, maintenance and operations of Projects within the Zone, and shall coordinate with the City, receive and transmit information and instructions, and will have complete authority to interpret and define LSRD's policies and decisions with respect to the Parties' obligations and performance under this Agreement. LSRD's Director will designate a LSRD Project Manager and may designate other representatives to transmit instructions and act on behalf of LSRD with respect to the Parties' obligations and performance under this Agreement. c. If a disagreement between the City and LSRD arises regarding any requirement or provision of this Agreement, and the disagreement is not resolved by the City Project Manager and the LSRD Project Manager, it shall be referred as soon as possible to the City's Director and LSRD's Director for resolution. If the Directors do not resolve the issue, it shall be referred as soon as possible to DRAFT -- 9/24/15 the City's City Manager and LSRD's Executive Director for resolution. 6. Management of the Project and Operations a. LSRD is the only Party with any responsibility for managing or administering the Project or determining the schedule and operations of transportation improvements, infrastructure, facilities, rail operations and /or any and all rail services. The City understands that the Passenger Rail Service currently contemplated for the City may include "skip- stop" or "split- stop" service as defined in Exhibit "B" — Project Plan. The City understands that the level of Passenger Rail Service under this Agreement is subject to LSRD's level of funding, payments and/or other contributions from the City and overlapping or other local government jurisdictions, including but not limited to cities, counties, community college districts, transit authorities and /or metropolitan planning organizations. The City may inspect Project sites and review Project plans and drawings at mutually acceptable times and intervals, and comment on the Project. The City shall manage the Zone prior to LSRD successfully meeting the Project Timeline provision above. After LSRD has met the Project Timeline provision, LSRD shall manage the Zone. b. Once LSRD initiates regularly scheduled Passenger Rail Service to a permanent station facility within the City, LSRD will make every reasonable business effort to continue at least the initial level of transportation service at the station except in response to an event of Force Majeure or the relocation of service to a replacement permanent station facility or the failure of the City to provide its agreed funding or other contributions or if the LSRD determines the continuation of service may pose a risk to the health, safety or welfare of the public, LSRD's transportation services users or LSRD employees and contractors. Notwithstanding any other provision of this Agreement, LSRD shall not be obligated to provide Passenger Rail Service to the City if the City's funding under this Agreement is discontinued or terminated for any reason. F. TRANSPORTATION INFRASTRUCTURE ZONE Property Included Within the Zone. All property designated on the maps or in the list of properties attached as Exhibit "C" shall be included within the Zone established by this Agreement. a. Property under common ownership, identified as Undivided Property on Exhibit "C" shall be included within the Zone. Such property shall be included in the Tax Increment on a prorated basis for the acreages designated for the property on Exhibit "C" or for the subdivided portions of the property at least 50% within one -half (1/2) mile radius of the corresponding station property. b. Property designated as tax exempt shall be included in the Zone but shall not be a part of the Tax Increment until the beginning of the year during which it is no longer designated as tax exempt. 2. Station Locations Final station location decisions are subject to compliance with National DRAFT -- 9/24/15 Environmental Policy Act (NEPA) requirements. In the event a final determination is made under NEPA to adjust, extend or alter the station location in relation to a Zone designated on the maps as Exhibit "C ", the Parties agree that they shall amend the description of the Zone and the maps and listing of properties in Exhibit "C" to reflect property influence by the station location and LSRD rail service, including at a minimum properties within the one -half (1/2) mile radius of the corresponding station platform, subject to the terms and conditions of this Agreement, LSRD shall be obligated to notify the City as soon as feasible if and when a NEPA determination is made to adjust, extend or alter a station location. Other than agreeing to amend the description of the Zone, the City shall not be responsible or liable for any costs or work associated with adjusting a station location as directed pursuant to NEPA. 3. Additional Entity Participation The City and LSRD acknowledge that additional local government entities with overlapping jurisdictional boundaries to both Parties may wish to participate in the creation of the Zone by joining this Agreement or creating a separate agreement for a transportation infrastructure zone. This action shall not reduce the Tax Increment Payment by the City from the Zone under this Agreement but will increase the amount paid out of the Tax Increment Fund by the amount deposited into it for LSRD under its agreement with the additional local government entity. LSRD shall notify the City of the addition of an additional local government entity upon entering into an agreement with the additional local government entity. Each such additional entity agreement shall be added to this Agreement and incorporated as an additional exhibit. 1. The proposed rail system is currently in the planning phase. Beginning with five years following the Effective Date of this Agreement, and every five years thereafter, the City and LSRD shall re- evaluate the provisions of this Agreement to determine if any revisions are needed to address changes in operations, capital programs, service levels, or other factors that were not anticipated during the planning phase or prior five -year period. As a result, amendments to the Agreement may be needed. 2. Equity of Funding Effort. LSRD agrees that interlocal agreements for funding of the Project involving other cities and counties in Central Texas will contain funding agreements based on singular funding concepts or providing equivalent funding from other sources. As other Central Texas cities and counties sign interlocal agreements, the City will be provided copies of such interlocal agreements by LSRD and for a period of 60 calendar days after the agreements are provided, the City may object in writing that the funding efforts do not provide equity of effort between their corresponding type (city or county or community college district, etc.) of local government entities. 3. If the City's objections are not resolved within 60 calendar days after notice to LSRD, the City, until the objection is resolved, shall have the right to suspend payment of that portion of their Tax Increment Payment that the City deems to be unequal in effort to the corresponding local government entities. Both Parties shall work in good faith to resolve any Equity of Funding Effort objection raised under this provision of the Agreement and shall not unreasonably withhold, delay or condition their agreement to resolve an objection. 13 MKMAO 01 IM IM"MMMV-910NUUMIKIP 1. Termination DRAFT -- 9/24/1S Notice of any claims of material breach shall be given in writing to the other Parties, identifying the breach claimed with particularity, and stating the time permitted for cure, such time to be commercially and legally reasonable. A claim of breach not cured in a commercial and legal manner is sufficient to constitute termination of this Agreement. Without waiving any legal rights, the Parties agree to voluntary mediation of any disputes. 2. Dispute Resolution In the event there is a dispute of any issue, the parties agree to negotiate their differences directly and in good faith after receiving written notification of the existence of a dispute. If the dispute is not resolved, the parties agree to attempt to resolve their dispute through non - binding mediation. If the dispute is not resolved through non - binding mediation, the parties may pursue such other remedies as are allowed by law. A party shall provide written notice of a claim of material breach of this Agreement shall be given in writing to the other Parties, identifying the breach claimed with particularity, and stating the time permitted for cure, such time to be commercially and legally reasonable. A claim of breach not cured in a commercial and legal manner is sufficient to constitute termination of this Agreement. 3. Force Majeure a. Each party to this Agreement agrees to excuse the failure of another party to perform its obligations under this Agreement to the extent that failure is caused by an event of Force Majeure. Force Majeure means acts and events not within the control of the party, and which the party could not use due diligence to avoid or prevent. Events of Force Majeure include acts of God, strikes, riots, sabotage, civil disturbances, epidemics, acts of domestic or foreign terrorism, lightning, earthquakes, fires, stones, floods and landslides. Force Majeure does not include economic or market conditions, which affect a party's cost, but not its ability to perform. b. The party invoking Force Majeure shall give timely and adequate notice to the other party, by facsimile transmission, or telephone confirmed promptly in writing, or electronic mail, of the event. The party shall use due diligence to remedy the effects of Force Majeure as soon as possible. If a party's performance is delayed by the event of Force Majeure, the time for completion of obligations will not exceed twenty -four (24) months unless the Parties mutually agree to extend the time for completion necessary to overcome the effect of the Force Majeure event. 4. Severability If a term or provision of this Agreement is determined to be void or unenforceable by DRAFT -- 9/24/15 a court of competent jurisdiction, the remainder of this Agreement remains effective to the extent permitted by law. 5. Notices Any notices to be given under this Agreement shall be considered delivered (i) upon personal service upon the person designated in this Agreement for such notice; (ii) within three days of deposit if mailed by first -class United States mail, postage prepaid, registered or certified, and addressed to the person designated for receipt of notice; or (iii) one business day after being sent for overnight delivery by a reputable commercial courier having the ability to track shipping and delivery of the notices. In cases where there is an emergency or other need for immediate notice to be given, written notice may be faxed to the person designated for service, provided a written copy of such notice is also delivered promptly to such designated person by one of the three means identified above. The Parties designate the following persons for receipt of notice: To LSRD: Executive Director Lone Star Rail District P.O. Box 1618 San Marcos, Texas 78667 Attn: Ross Milloy With codes to attorneys for LSRD: William H. Bingham McGinnis Lochridge 600 Congress Avenue, Suite 2100 Austin, Texas 78701 To City of Schertz: City Manager City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 With copies to: City Attorney City of Schertz 1400 Schertz Parkway Schertz, Texas 781.54 The Parties may change the person designated for receipt of notice from time to time by giving notice in writing to the other Parties, identifying the new person designated for receipt of service and identifying his /her name, title, address for notice and phone number. 6. Complete Agreement DRAFT -- 9/24/15 This is the complete Agreement by and between the Parties on the subject matter of the Agreement. It supersedes any other agreement or understanding between the Parties, written or oral, and any other commitments, promises, undertakings, understandings, proposals or representations of the Parties to each other, written or oral, concerning the subject matter of this Agreement. 7. Amendment in Writing This Agreement may be modified only in writing duly executed by each of the Parties. Neither any representation nor promise made after the execution of this Agreement, nor any modification or amendment of this Agreement, shall be binding on the Parties unless made in writing and duly executed by each of the Parties. 8. Counterparts This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which taken together shall constitute one and the same Agreement. 9. Best Efforts LSRD shall use best efforts to accomplish the adoption of an amendment to the Texas Tax Code to treat captured appraised value under Transportation Code Section 173.256 the same as captured appraised value under Tax Code Section 26.03 and Section 311. The City shall work with the LSRD to achieve the adoption of such amendment. SIGNATURE PAGE FOLLOWS I• DRAFT-- 9/24/1S APPROVED AND AGREED UPON this day of '201j I Kela No 1F."I m..'al I m 11 Kumamj[fiuHww BY: Sid Covington Chairman, Board of Directors CITY OF SCHERTZ, TEXAS BY: Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary APPROVED AS TO FORM: Charles Zeck, City Attorney m EXHIBIT A - APPROVAL DRAFT -- 9/24/15 m DRAFT -- 9/24/1S EXHIBIT B: PROJECT PLAN Lone Star Rail District Project Plan - LSTAR Passenger Rail Service Lone Star Rail District (LSRD) will develop and operate a passenger rail service, LSTAR, with proposed stations as shown in the map on Exhibit B -1 plus any added, alternate or skip stop stations, running primarily in and /or adjacent to the current Union Pacific Railroad (UPRR) right of way between the Austin and San Antonio metropolitan regions. The development of this service will be accomplished through the construction and /or purchase of: • Track improvements to bring initial maximum passenger train speed to 79 mph (with provisions that may increase that speed incrementally to 110 mph), including but not necessarily limited to track geometry and /or condition improvements, train control system improvements, and grade crossing adjustments to meet vehicular and pedestrian traffic safety requirements, • Curve remediation to increase or eliminate current speed limits imposed by track curvature, • Additional track and related infrastructure (rail bridges, turnout, switch, and train control apparatus, communications apparatus, and so forth) as guided by LSRD's joint service planning effort with UPRR, the goal of which is to identify the improvements needed to support reliable, on- time regular passenger train service while maintaining UPRR's ability to serve its customers in the corridor, • Stations, including at a minimum platforms, canopies, lighting, seating, passenger information systems, ticket vending equipment (if necessary), and pedestrian bridges, • Operations and Maintenance Facilities, to include the following: • Maintenance shops and yards where LSTAR locomotives and passenger coaches will be stored, inspected, maintained, cleaned, and repaired • Operations Control Center where rail system control and communication operations will be centered • Maintenance of Way base to function as headquarters and storage for engineering /infrastructure maintenance functions • LSRD administrative headquarters to provide space for management and administrative functions of the LSRD and the rail system. • Layover facilities at one or other or both the ends of the line, or mid -line may be needed to provide minor inspection and maintenance of rail rolling stock stored at passenger terminals, and • Rail Rolling Stock, taking into account the conceptual initial service plan goal's peak equipment requirement plus a margin to account for "shopped" equipment (for inspection, maintenance, or repair). Current plans include a sufficient number of locomotives, bi -level passenger cars, and bi- level passenger /cab cars necessary for the funded service level. In addition to passenger rail rolling stock, LSRD will also acquire in the same fashion specialized track maintenance vehicles, plus a sufficient fleet of highway vehicles to support operations supervision, maintenance, and transit security functions. Under current project development plans, one (1) station will serve the City of Schertz. The projected station location is a planning location only at this time, and final station location will be determined through the National Environmental Policy Act (NEPA) process. The location of the Operations and Maintenance Facilities has not yet been finalized. The final location of these facilities is subject to the results of the NEPA process and LSTAR operational needs. Track improvements, including curve remediation, additional track, and related infrastructure will be built on the proposed LSTAR route through Schertz; the final number, magnitude and configuration of that infrastructure will be determined through the NEPA and final design processes. LSTAR rail rolling stock will serve the Schertz rail station. Facilities, line improvements and rolling stock are also subject to available capital budget resources and contracting or purchasing requirements. Schertz may receive skip -stop service within the LSTAR system's funded service level. Skip -stop or split -stop service is defined as service to a rail station that does not include service or stops by each and every passenger train; skip -stop or split -stop service is established or scheduled at a reduced level of service based primarily on splitting or sharing service, usually between two stations based on ridership, funding 119 DRAFT -- 9/24/1& provision and operational considerations. The LSTAR capital program and service levels will be commensurate respectively with the available capital and operations funding levels. The LSTAR service is planned to be built in stages - LSRD will not delay LSTAR passenger rail service initiation until the completion of the entire passenger rail project, but rather commission and operate a minimum logical service (to be analyzed during the NEPA process), while continuing to bring new segments online as they are completed. Project development may also include the phasing of improvements within a segment in order to allow the initiation of service in a timely fashion with available resources and allowing for ongoing or future development of subsequent phases within a segment toward full completion of planned improvements. It is provisionally believed by LSRD planners that the system will generally be built and put in operation from north to south, due to the likely capital investment cash flows, the higher projected ridership in the Central Texas region, and fewer construction challenges (based on conceptual engineering analyses). The schedule for initiation of project development and service provision is to be determined by the completion of the NEPA process and availability of capital funding. Capital cost estimates are preliminary, and are based on the conceptual service development plan (discussed below). Those costs are: Initial Service Base Service Full Service Entire Line $700 * $840 * $1,400 Schertz Portion of $37 * $44 * $72 Line * All figures are in millions of dollars and are estimates of not to exceed amounts. It should be noted that the costs above are not additive, but cumulative totals — i.e. to go from Initial to Base Service, the incremental cost for the entire line is $140 million ($840 million - $700 million). Capital cost estimates will be further refined during the NEPA process. LSTAR service levels will be commensurate with the available funding from participating local jurisdictions (cities, counties, college districts, etc.). For planning purposes LSTAR has prepared its operations and maintenance (O &M) projections based on the following conceptual service level goals: Initial Service Goal — 60 minute headway on peak 120 minute headway off peak 12 total round trips per weekday Weekend and holiday service Base Service Goal — 30 minute headway on peak 60 minute headway off peak 20 total round trips per weekday Weekend and holiday service Full Service Goal — 15 minute headway on peak 60 minute headway off peak 28 -32 total round trips per weekday (including express trips) Weekend and holiday service For estimating purposes here, operations and maintenance costs have been determined for each conceptual level of service goal. The annual net O &M cost (after fares and miscellaneous revenue is accounted for) is planned to be split into thirds, with one third paid by the taxing jurisdictions in the smaller cities in the corridor, another third by the Austin /Travis County metropolitan region taxing jurisdictions, and the final third by the San Antonio /Bexar County metropolitan region taxing jurisdictions. The following table details the net O &M cost projections, based on service level goals: 20 DRAFT -- 9/24/1$ Service Level Goal: Initial Service" Base Service" Full Service" Smaller Cities $ 9.32 mil $ 12.60 mil $ 20.14 mil Austin /Travis County Metro $ 9.32 mil $ 12.60 mil $ 20.14 mil San Antonio /Bexar County Metro 9.32 mil $ 12.60 mil $ 20.14 mil Total $ 27.96 mil $ 37.80 mil $ 60.42 mil ** All numbers are current year /present value estimated amounts and are not escalated to year of expenditure. Further allocation of the Smaller Cities portion of costs to each of the smaller cities is estimated by allotting 20% of the total Smaller Cities costs by the number of stations (full service and split service stations) within each city and allotting the remaining 80% of total smaller cities costs by estimated city ridership activity (departures and arrivals) for the planning horizon year of the LSTAR service (2035). The following percentages (assuming likely skip -stop service, averaged for the initial 15 years of LSTAR service and rounded to the nearest half of a percent) provide an estimate of the smaller cities' allocations that would be applied to the total Smaller Cities portion of total O &M costs (1/3 of the estimated total O &M costs) to evaluate performance of proposed funding mechanisms against service level goals: 1) Georgetown 15.9 %; 2) Round Rock 28.0 %; 3) Buda 5.2 %; 4) Kyle 13.1 %; 5) San Marcos 16.5 %; 6) New Braunfels 12.2 %; and 7) Schertz 9.1 %. The service levels, and related cost allocation percentages, are planning goals only. Should the actual funding support provided by the participating local jurisdictions be unable to support the planned levels of LSTAR service, the service levels actually provided will be reduced to a level commensurate with the provided local funding. All allocations are for cost estimating purposes only and may be updated over time. Actual allocations may be based upon the availability of funding from individual local government entities supporting the LSTAR service. 21 DRAFT-- 9/24/15 EXHIBIT B-1: PROJECT MAP 22 DRAFT-- 9/24/15 10.14 ow I I I —. • �w gas 71anvr.,w zor* say la Vse Radur, -mx exerpt Prlwty m Fee z 4io I= 1640 - =Art ll� T17-111I.— 23 Schertz Station (Coma) Appraisal District (CAD) Parcel Identification Number) DRAFT -- 9/24/1S 24 DRAFT -- 9/24/1S EXHIBIT D — CITY PROJECTS City of Schertz Local Project Purpose: The local projects to be provided by the City of Schertz will serve to provide the Lone Star Rail District (LSRD) passenger rail station permanent paved roadway access, station project site drainage, and City utilities, including water and wastewater utilities, to the station project site. These improvements will be provided in a timely fashion so as to coincide with the implementation of passenger rail service by the LSRD. The following information is provided to assist in developing the plans and cost estimates for the City Schertz when appropriate. Passenger Rail Station Site The City's obligation to provide the City Projects in support of the LSRD passenger rail station is subject to the station site being included within the Transportation Infrastructure Zone. LSRD will coordinate the station site acquisition with the City. The station site is anticipated to require up to ten (10) acres of net site area but will be subject to the final passenger rail ridership forecast studies and the LSRD station site development plans. The City may, at its discretion, contribute a station site within the Transportation Infrastructure Zone. The City will coordinate the station site acquisition and contribution with the LSRD in order to meet the Draft Rail Station Land Considerations included here, to the extent reasonably possible. Roadway Access The roadway access will meet City development code requirements and will be adequate to meet bus and vehicular station access from adjacent thoroughfares for the forecasted ridership demand for the station. Station Site Drainage Drainage will be adequate to provide the LSRD passenger rail station site clearance from the 100 foot floodplain adequate for up to ten acres of net site area as designated by LSRD. LSRD and the City will coordinate their planning to assure the drainage improvements can correspond with the LSRD final site plan for the station site. City Utilities, Water, Wastewater and Electric Utilities City utilities, including water and wastewater utility service infrastructure, will be constructed to the LSRD passenger rail station site and will be adequate for the LSRD projected full development of the site. The City and LSRD will coordinate the design of the utility lines to correspond with the LSRD final site plan for the station site. M DRAFT-- 9/24/1S July 28, 2015 Introduction Real estate decisions related toLSTAR stations, including final station location selection, acceptance of donated property and land acquisition decisions, are solely at the discretion ofLSR[) and will include consideration of the criteria outlined here. L8NO will work as appropriate with local officials and adjacent area property owners from the member communities it serves in order to make station property determinations in a timely, affordable and EIS appropriate manner. Final station location decisions and real estate acquisitions must comply with the requirements of ILSRID environmental impact studies/evaluations. Potential Station properties that meet selection criteria and minimize costs of land acquisition, station development and service provision will bo given priority consideration. Station Real Estate Criteria: Properties proposed for use as LSTAR passenger rail stations will undergo an evaluation by L3R[) to determine their suitability including the below considerations. Station sites should possess the desired circumstances or, when appropriate, b* readily capable of meeting or securing the desired characteristics ino timely manner. Operations - Sites must have adequate net site area and, efficient location and configuration for all initial and planned future station facilities and parking and vehicular circulation. Issues: p 80O' tangent track cd platform (on straight section of rail line) 0 lO5O^ clear envelope (not blocking at-grade crossings) ~ Maximum l.5% rail grade otstation 0 Minimum 60^ R{}VV/sitevvidth at platform * Site configuration for prototype or site specific station design and potential amenities, including future development as funding allows o Gateways and fencing, train platforms, ticket vending, shelters & waiting areas, public nastrooms' landscaping and other community/neighborhood aesthetic elements, station retail, e1c.\ 0 Adequate land availability to address site configuration issues and for projected long-term building, parking and public access requirements (generally approx. 4-6 net site acres plus driveway area for park and ride station configurations) • Pedestrian, bicycle, auto and bus transit access and parking requirements • Station type size accommodation /wo|hup. kiss and ride and/or park and ride requirements) Accessibi Lity - Sites should be conveniently accessible to all existing orplanned/approved applicable modes of access including automobile, bus, bicycle and pedestrian. Pedestrian linkages to destinations, neighborhoods and development are equally important to vehicular access. • Vehicular access and visibility from major thoroughfares/arterials • Compatibility with bus routing • Integration with bicycle network • Pedestrian access • Easements as appropriate for above items Utilities - Sites should have immediate proximity to, or readily available electric, water and 26 DRAFT-- 9/24/1S wastewater utility connectivity. Gas and Fiber optic cable connectivity is also desirable. Issues: • Availability of electric utility service fo the proposed station property • Availability of water and wastewater lines to the proposed station property with connection capability and adequate available capacity • Proximity and achievable connectivity to gas service and fiber cable desirable Environment - Station sites should have minimal adverse environmental issues/impacts and avoid sites where impacts would be unacceptable or require undue mitigation. Issues: • Location inOoodp|ains' wetlands nrparklands • Location adjacent tn noise sensitive receptors • Archaeological or historic resources onsite • Probability of hazardous materials (exclusive ofPhase l Environmental Study) • Management plans or potential for mitigation, and related costs, of above issues Site Deve/opment -Stotion|ocotionsmusthaveorbecapab|emfreceiving adequate entitlement rights to develop the station sites over the long term to meet related rail system financial goals. Station site real estate should include property development rights that provide the most flexibility for meeting current and future LSRD development interests. Issues: • Control of station real estate adequate for initial and long-term rail system interests (fee simple, leasehold, etc.) • Development entitlements/authorizations adequate to allow rail station operations and attendant siQnogo and economic development • Construction and other third party easements as necessary for station development and operation • Adaptation/reuse of existing buildings and other infrastructure for rail station facilities • Relationship with, support from adjoining property owners Economic Development -Station sites should provide potential joint development and economic development opportunities, both on and off of the station site. Site should also maximize the potential for physical integration of the station into the existing community and activity centers while minimizing negative impacts on adjacent neighborhoods. Issues: • Potential for increased economic development based on current or planned land use • Potential for increased economic development in the immediate station area • Potential for pedestrian linkages tm existing and planned development • Minimizes conflicts with existing land uses and coordinates with area development plans and ordinances (including station area, downtown orcitywide comprehensive plans; existing TOD or mixed-use development ordinances) • Community acceptance of station location � Potential for on and off-site development to be transit supportive (including TOD or TAD mixed-use) 27 DRAFT-- 9/24/1S Real Estate Transaction Considerations: Real estate contributions or acquisitions may be subject to the following transaction considerations orprovisions: Ownership Not later than l8 months from the Effective Date cf this Agreement, City and LSRD shall have on agreement in place regarding donation obligation of City with respect to conveyance of property when the Measures of Viability are achieved. 0RDwiU receive and hold fee simple property title of contributed n/i| station real estate if the Measures of Viability contained in the intedoca| funding agreement with the station's corresponding municipality are achieved. Without o contribution, LSRD will make every reasonable attempt to negotiate the acquisition of necessary station and other transportation infrastructure nso| estate through a "willing seller and willing buyer" transaction relationship for sites not owned by the City. Information Contributing or selling property owners shall share L3RDrequested information in o timely manner on their adjoining or other property within o quarter mile of station real estate location, Access Public roadway, bicycle and pedestrian infrastructure required tnmeet access requirements for the LSRU passenger rail station and anticipated adjacent land uses must be constructed by the corresponding station adjacent property owner nr municipality and accepted for use nolater than thirty-six (36) months from notice by0RL) that i| has met any Measures of Viability contained in its intodoco| funding agreement with station's corresponding municipality. Off-site easements for public ingress/egress to the station real estate, off site signage'LSRD infrastructure maintenance, utility access and facility construction or site development should be provided by adjacent third party or public property owners us deemed appropriate by0RD. Utilities The provision mf required electric, water, wastewater and drainage services |o' or on the station neo| estate will meet the some availability timeline as identified in the Access provision above. Environment Station sites must provide adequate net-site area for initial and long-term station development and will include adequate storm water drainage way and detention/retention pond set aside areas (if n*quinad). Drainage way improvements will be adequate to provide the real estate's required net site development area. Site will not require environmental mitigation byLSRD for archaeological or historic resources nr hazardous materials. Development Station real estate shall have, orbe capable of receiving ino timely fashion, all necessary municipal and utility entitlements and permits necessary for the development and operation mfononsite passenger rail station and 0RD identified attendant transportation infrastructure. L3RD will design the station facility through o collaborative process with the entitling jurisdictions and adjoining property owners but must have or retain the ultimate right to design and develop the station site toL3RDstandards. Substitution In the event that the aforementioned items related to the station real estate have not been secured or will not be provided ino timely manner, L3R[) may elect to select an alternate station site and corresponding real estate. W Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: November 17, 2015 Department: Development Services BACKGROUND The Randolph Joint Land Use Study (JLUS) is a cooperative land use planning effort conducted as a joint venture between Joint Base San Antonio Randolph and the surrounding cities and counties, state and federal agencies and other affected stakeholders. The study was funded through a grant from the Department of Defense Office of Economic Adjustment and contributions by the local sponsor, Bexar County who managed the process. The Randolph JLUS was developed by an Executive Committee that included Councilman. Fowler and an Advisory Committee that included Bob Cantu. Goal One goal of the study is to improve compatibility between the base and surrounding communities so that all entities can coexist. One outcome of the JLUS is a series of strategies to improve compatibility through a variety of means including land use controls, improved communication, coordination of services, etc. Community Benefit Improving compatibility with Randolph provides multiple benefits to our residents and businesses, increased safety, better use of limited resources, and a higher quality of life. Summary of Recommended Action To recommend approval of Resolution 15 -R -96 adopting the Randolph JLUS. By adopting the Randolph JLUS staff can begin working to evaluate and implement the various strategies within the JLUS. Some can be implemented directly by Staff, such as installing noise awareness signs in the rights -of -way of various roads. Others will require a public input process, Board and Commission consideration and Council action such as adopting new lighting regulations or altering land uses. FISCAL IMPACT There is no fiscal impact to adopting the JLUS. Each strategy will be analyzed to determine its fiscal impact. RECOMMENDATION Staff recommends approval of Resolution No. 15 -R -96 ATTACHMENT(S) JLUS Powerpoint Presentation from September 15, 2015 Resolution No. 15 -R -96 Randolph JLUS RESOLUTION NO. 15 -R -92 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING THE RANDOLPH JOINT LAND USE STUDY (JLUS); AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") participated in the development of the Randolph JLUS through its membership on the Executive Committee and Advisory Committee: and WHEREAS, Joint Base San Antonio — Randolph is key in protecting our Nation's security and is an important economic engine contributing to the local and regional economies through annual payroll, annual expenditures, and value of jobs created; and WHEREAS, compatibility issues associated with the growing population and expansion of developed land within the City of Schertz and it's Extraterritorial Jurisdiction and the existing and potential future missions of Joint Base San Antonio Randolph are likely to increase; and WHEREAS, the goal of the Randolph JLUS is to protect the viability of current and future military training operations, while simultaneously guiding community growth, sustaining the environmental and economic health of the region, and protecting public health, safety, and welfare; and WHEREAS the City of Schertz played a critical role in the development of the Randolph JLUS and the City's input provided technical guidance relevant to the City's policies, regulations, culture and values; and WHEREAS the general public was instrumental in the development of the Randolph JLUS and strategies by providing their perspective and feedback; and WHEREAS the Randolph JLUS strategies incorporate a variety of actions that can be implemented to promote compatible land use and resource planning; and WHEREAS one important element of implementation of the strategies is establishment of the Randolph JLUS Implementation Task Force to work together to establish procedures, recommend or refine specific action for member agencies, and make adjustments to strategies over time to ensure the Randolph JLUS continues to resolve key compatibility issues through realistic strategies and implementation; and WHEREAS adoption of the strategies may require public input and engagement, input from City boards and commissions, and further action by City Council through the adoption of ordinances; and WHEREAS a key first step in prioritizing the strategies for evaluation as to how to appropriately implement the strategies is the adoption of the plan by the City of Schertz City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Council adopts the JBSA- Randolph Joint Land Use Study as set forth in Exhibit A and directs City Staff to develop processes to evaluate and implement the strategies applicable to the City of Schertz as appropriate. 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 17th day of November, 2015. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Mayor Michael R. Carpenter N JBSA- Randolph Joint Land Use Study A -1 County r Public r Department Pecos-La 233 N ri Street, Suite San Antonio, - Matrix i Group 3, DES9GN GROUP � 13 Please see the next page. Executive itt The Executive Committee (EC) served an active and important role in providing policy direction during the development of the Joint Base San Antonio (JBSA) Randolph Joint Land Use Study (JLUS). The Executive Committee comprised the following individuals: Tommy Adkisson, Commissioner Tim Pruski, Representative (Former) Greater San Antonio Builders County of Bexar Association Tommy Calvert, Jr. Commissioner Been Karen S. Rankin, Commissioner County of Bexar USAF (Ret) Judy Cope, Commissioner Texas Military Preparedness County of Guadalupe Commission Jeannette Crabb, Councilwoman Darcie Schipull, Transportation City of Seguin Planner Texas Department of Phil Crane, Representative Transportation Real Estate Council of San Antonio Greg Seidenberger, Commissioner Tom Daly, Mayor County of Guadalupe City of Selma Al Suarez, Mayor Lloyd Doggett, Representative, District 35 City of Converse U.S. House of Representatives Rebecca Viagran, Councilwoman Joe Farias, Representative, District 118 District 3, City of San Antonio Texas House of Representatives Scott Wayman, Assistant City Jim Fowler, Councilman Manager City of Schertz City of Live Oak Gilbert Gonzalez, VP of Risk Management John Williams, Mayor San Antonio Board of Realtors City of Universal City Col. Gerald Goodfellow, Commander (former) Jim Wolverton, Commissioner 12th FTW, JBSA- Randolph County of Guadalupe Roland Gutierrez, Representative, District 119, Texas House of Representatives Col. Matt Isler, Commander 12th FTW, JBSA- Randolph Lisa Jackson, Mayor City of Cibolo Nadine Knaus, Mayor Pro -Tem City of Garden Ridge BG Bob Labrutta, Commander 502 ABW, JBSA Ron Lozano, Support Specialist FAA, Air Traffic Control Division Ruth Jones McClendon, Representative, District 120, Texas House of Representatives Robert Murdock, Office of Military Affairs City of San Antonio Tim O'Krongley, Assistant Aviation Director City of San Antonio Nancy Cain, Administrator City of Garden Ridge Pamela Centano, Planning Assistant City of Seguin Timothy Ginn, Program Manager, Office of the Governor, Texas Military Preparedness Commission Lisa Marie Gomez, Director, District 35 U.S. House of Representatives Texas House of Representatives Julianna Gonzaba, Chief of Staff, District 118 Deborah Hosey, Senior Executive Secretary City of San Antonio Felipe Jimenez, Technical Director 502 ABW, JBSA Amy Putney, Chief of Staff County of Bexar Cavett McCrary, Executive Assistant County of Bexar Marge Reyna, Office Manager, District 120 Texas House of Representatives Ken Roberts, City Administrator City of Selma Francess Randall, Representative County of Guadalupe Ryan Rocha, Airport Operations Manager City of San Antonio Angela Shields, CEO / President San Antonio Board of Realtors Terry Trevino, Director of Economic Development City of Seguin Margaret Wallace, Chief of Staff, District 119 Texas House of Representatives Advisory ii e The Advisory (AC) served a key role in the development of the JBSA- Randolph JLUS, providing the overall technical support, review, and guidance of the study. The Advisory Committee comprised the following individuals: Michael Barrow, District 35 U.S. House of Representatives Robert Brach, Development Services Engineer County of Bexar Bob Cantu, Chief of Staff City of Schertz Billy Classen, Representative Greater San Antonio Builders Association Rick Cortes, Assistant City Manager City of Seguin Allen Dunn, Representative County of Guadalupe Arthur Emerson, Commissioner Texas Military Preparedness Commission Jesus Garza, AICP, Office of Military Affairs City of San Antonio Gabriel Gonzales, Community Planner JBSA Lt. Col. Courtney Hamilton, 12th Operations Support Squadron 12TH FTW, JBSA- Randolph Robert Herrera, City Manager City of Cibolo Richard Hetzel, Representative County of Guadalupe Linda Jackson, District 120 Texas House of Representatives Dawn Ann Larios, District 119 Texas House of Representatives Christopher Looney, Policy Administrator, Development Services, City of San Antonio Ron Lozano, Support Specialist FAA, Air Traffic Control Division Jordan Matney, Economic and Community Development Manager, City of Live Oak John McCaw, Councilman City of Garden Ridge Michael Moore, President Real Estate Council of San Antonio John Quintanilla, Assistant City Manager City of Converse Ryan Rocha, Airport Operations Manager City of San Antonio Michele Ross, Representative San Antonio Board of Realtors Darcie Schipull, Transportation Planner Texas Department of Transportation Kim Turner, Development Services Director City of Universal City Lt. Col. Robin Baldwin, Director of Staff 12th FTW, JBSA- Randolph Timothy Ginn, Program Manager, Office of the Governor, Texas Military Preparedness Commission J. Landon Kane, Representative Real Estate Council of San Antonio Randy Luensmann, Director of Public Works City of Universal City Larry Verner, Engineer City of Selma Walt Williams, Representative County of Guadalupe James Wimberley, 502 CES/CENPL JBSA Nina Nixon - Mendez, AICP, Planning Administrator City of San Antonio Kate Silvas, Executive Director, City of Converse Economic Development Corporation Wiley Smith, AICP, Community Planner JBSA Lesa Wood, Senior Planner City of Schertz Robert Brach, P.E., Development Services Engineer County of Bexar Public Works Celeste Werner, AICP Rick Rust, AICP { 5_ Project Manager Technical Manager DESIGN U P Mike Hrapla Michele Zehr -Mora Deputy Project Manager Planning Lead Please see the next page. Acranyms ....................... ,,. 1 Introduction ........................................................................... ............................... 1 1.1 Why Prepare a JLUS ............................................................ ..............................1 1.2 Economic Benefit to the Region ......................................... ..............................2 1.3 Compatibility Concerns ....................................................... ..............................2 1.4 JLUS Goal and Objectives .................................................... ..............................2 1.5 JLUS Partners ...................................................................... ..............................2 1.6 Local Communities .............................................................. ..............................3 1.7 Public Participation ............................................................. ..............................3 1.8 JLUS Study Area ................................................................... ..............................5 2 Community Profile .................................................................. ............................... 7 2.1 JLUS Community Growth Trends ........................................ ..............................7 2.2 Current Development in Adjacent Communities ............... ..............................9 3 Military Profile..... ......... ............. - ... ........ -- ............. ....... - ...... ..... 11 3.1 JBSA- Randolph ................................................................... .............................11 3.2 JBSA- Randolph Military Mission Profile ............................. .............................12 3.3 JBSA- Seguin Auxiliary Airfield ............................................ .............................17 3.4 Stinson Municipal Airport .................................................. .............................19 Existing Compatibility Tools. ...... ... - ... ...... ....... ....... ........... ...... — 23 4.1 Federal Programs and Policies ........................................... .............................23 4.2 JBSA- Randolph Tools .......................................................... .............................23 4.3 State of Texas Tools ........................................................... .............................24 4.4 Texas Local Jurisdiction Planning Tools ............................. .............................24 CompatibilityIssues .............................................................. ............................... 25 5.1 Identification of Compatibility Issues ................................ .............................25 5.2 JBSA- Randolph Compatibility Issues by Factor .................. .............................25 ImplementationPlan ............................................................ ............................... 31 6.1 Implementation Plan ......................................................... .............................31 6.2 How to Read the Implementation Plan ............................. .............................43 Page i Table 1. Population Change 2000'7O10]8SA'Rando|ph]LUS Study Area ...................................................................... 8 Table 2. Population Projections 201O-2050]BSA-Rando|ph]LUS Study Area ................................................................ 8 Figure1. ]LUS Study Area— ... ................ —................ —................ —............ —........................ —................ —......... 4 Figure 2. Military Footprint Composite ]BSA-Rando|ph ................................................................................................. I] Figure 3. Special Use Airspace ]BSA'Randu|ph ............................................................................................................... 14 Figure 4. Military Footprint Composite JBSA-e0uin Auxiliary Airfield ......................................................................... 18 Figure 5. Military Footprint Composite Stinson Municipal Airport ............................................................................... 2U Figure 6.1. Military Influence Area Overlay District (MIAOD) and Subzones Composite JBSA-Randolph -------'35 Figure 6.2. Military Influence Area Overlay District (MIAOD) with Subzones JBSA-Randolph -------------.36 Figure 6.3 Military Overlay District (M0D) with SubzonesJBIA-Rando|ph ..................................................................... 37 Figure 7.1. Military Influence Area Overlay District (M|AOD) with Subzones]83A- eguinAuxi|iaryAir0e|d------39 Figure 7.2. Military Influence Area Overlay District (M|AOD) with 5ubzones]85A- eguinAuxi|iaryAir0e|d------.40 Figure 7.3 Military Influence Area Overlay District (K1|AOD) with Subzones]BSA' eQuinAuxi|iaryAidie|d------.41 Figure 8.1 Military Influence Area Overlay Diothct(M|AOD) and Subzones Composite Stinson Municipal Airport --43 Figure 8.2 Military Influence Area Overlay District (MIAOD) with Subzones Stinson Municipal Airport ... .................... 44 *** A- AC Acq AAFES AE ABW AFB AGL AICUZ AHOD APZ AT ATCT AT /FP .• Alert Area Advisory Committee Acquisition Army and Air Force Exchange Service Alternative Energy Development Air Base Wing Air Force Base above ground level Air Installation Compatible Use Zone Airport Hazard Overlay District Accident Potential Zone Anti- Terrorism / Force Protection Air Traffic Control Tower Anti - Terrorism / Force Protection Bird Aircraft Strike Hazard Base Realignment and Closure CCLUA Controlled Compatible Land Use Area CFR Code of Federal Regulations CIP Capital Improvement Program COM Communication / Coordination Comm Communication and Coordination CPS City Public Service Energy CY Calendar Year CZ Clear Zone MOMMINNIMMINIM dB decibel Disc Real Estate Disclosures DOD Department of Defense DNL Day -night level DSS Dust, Smoke and Steam EC Executive Committee ETJ Extraterritorial Jurisdiction Page iii FAA Federal Aviation Administration FAR Floor to Area Ratio FM Farm to Market FTW Flying Training Wing FY fiscal year GIS Geographic Information System HA Housing Availability Hab Habitat Conservation Tools HQ Headquarters I Interstate IE Infrastructure Extensions IFR instrument flight rule JAZB Joint Airport Zoning Board JBSA- Joint Base San Antonio - Randolph Randolph JBSA- Joint Base San Antonio - Seguin Auxiliary Seguin Airfield JLUS Joint Land Use Study LAS Land, Air and Sea Space Competition LEG Legislative Initiatives Leg Legislative Tools LG Light and Glare LU Land Use MAOZ Military Airport Overlay Zone MIA Military Influence Area MIAOD Military Influence Area Overlay District MOA Military operating area MOA Memorandum of Agreement MOU Memorandum of Understanding MSL mean sea level MTR Military Training Route NGO Jill Nongovernmental Organization NV Noise and Vibration OEA Office of Economic Adjustment OFA Object Free Area OFZ Obstacle Free Zone RA (R-) Restricted Airspace RC Roadway Capacity RECSA Real Estate Council of San Antonio RPZ Runway Protection Zone RSA Runway Safety Area SABOR San Antonio Board of Realtors SAF Safety Zones SAWS San Antonio Water System SIP Strategic Impact Plan SH State Highway SR Slow speed low altitude training route STC Sound Transmission Class SUA Special Use Airspace Page v TSDC Texas State Data Center TX Texas TXDOT Texas Department of Transportation UDC Unified Development Code U.S. United States USAF United States Air Force Page v Please see the next page. Page vi The Joint Base San Antonio - Randolph (JBSA - Randolph) Joint Land Use Study (JLUS) is a joint effort between the cities of Cibolo, Converse, Garden Ridge, Live Oak, San Antonio, Schertz, Selma, and Seguin, and the counties of Bexar and Guadalupe, and JBSA- Randolph. The JLUS was undertaken in an effort to guide planning and development in local jurisdictions surrounding JBSA- Randolph, JBSA- Seguin Auxiliary Airfield (JBSA- Seguin), and the Stinson Municipal Airport (Stinson). JBSA - Randolph is a flying training wing asset in the United States Air Force and the Air Education Training Command. Because these activities are vital to continuing the military mission at JBSA- Randolph, the land used for the activities must be protected. Landowners with property near JBSA - Randolph, JBSA- Seguin,Stinson, and residents and businessowners on property surrounding these facilities must also be protected from adverse impacts that could occur due to training activities performed at these facilities. Joint planning efforts on the part of the local governments and JBSA - Randolph will establish recommended strategies that will equally protect all interested parties. The JLUS for JBSA - Randolph has resulted in a set of strategy recommendations in the areas of legislation, policy, planning and zoning, coordination and communication, acquisition, and outreach. A set of strategies was provided to address each JBSA - Randolph Compatibility Factor. Priorities were set initially to help determine when the strategies would be implemented, either within two years, five years, or longer than five years. One of the key recommendations is the formation of a JLUS Implementation Task Force that will be responsible for overseeing implementation in the months and years following the JLUS completion. The recommended strategies are outlined in more detail in Chapter 6 of this report. Additionally, a Background Report was prepared in conjunction with the JLUS that details the compatibility issues and process integral to the development of the strategies. These recommendations address the need for increased coordination and communication between JBSA- Randolph, local governments, regional agencies, and the public. They also seek to address public health, safety, and welfare, and protection of quality of life in the areas surrounding JBSA- Randolph and its sub - facilities. The collaborative spirit of the JLUS is an effective starting point for a continued collaborative planning and communication effort between all involved parties. 1. 1 Why Pr are a JLUS? A JLUS is necessary to ensure the future compatibility between land uses in surrounding communities necessary to support the continuation of the military mission at JBSA- Randolph and the increasing development occurring proximate to the installation. JBSA- Randolph is one of the three noncontiguous installations that comprise Joint Base San Antonio located in Bexar County. JBSA- Randolph is home to the 12th Flying Training Wing (FTW) whose primary mission is to provide basic pilot training and instructor pilot training to airmen. In addition, JBSA - Randolph is Headquarters for Air Education Training Command (AETC) whose mission is to develop airmen of today and tomorrow through various education disciplines and training activities. In addition to being a critical flying training asset in the United States Air Force (USAF), JBSA- Randolph is also an important economic engine contributing to the local and regional economies through annual payroll, annual expenditures, and value of jobs created. The JLUS assists in preserving the continued economic benefit that JBSA - Randolph provides. In 2012, JBSA- Randolph generated over $1.3 billion in local and regional economic impact and supported and served over 17,000 personnel. The $1.3 billion in impact is broken down into three categories: annual payroll at $892.1 million, annual expenditures (i.e. contracts and operations and maintenance) procured at $190.3 million, and value of jobs created at $314.5 million. Value ©4 Jobs Created; m w_ �xpen�iafur�s;, �94,�fi8�Ct�T 1.3 Compatibility cams At JBSA - Randolph, the compatibility concerns relate to the growing population and expansion of developed land taking place in the incorporated communities surrounding the Joint Base. Over the past 10 years, the local communities surrounding JBSA- Randolph have increased by 60 percent from a base population of nearly 82,000 (from the communities surrounding the base and facilities excluding the City of San Antonio) to over 131,000 by the year 2010. While the regional area is expected to grow at a slow, steady rate for the next 20 years, the areas surrounding the base are growing rapidly. Such growth has the potential to cause development and infrastructure to be located in areas that are adjacent to or proximate to JBSA - Randolph. While adjacent development exists in various locations along the installation perimeter, without proper oversight and guidance, this continued pattern of Page 2 1.4 JLUS Goal and Objectives The goal of the JBSA - Randolph JLUS is to protect the viability of current and future military training operations, while simultaneously guiding community growth, sustaining the environmental and economic health of the region, and protecting public health, safety, and welfare. To achieve this goal, three primary JLUS objectives were identified: Understanding. Convene community and military representatives to identify, confirm, and understand compatibility issues in an open forum, taking into consideration both community and JBSA- Randolph perspectives and needs. This includes public awareness, education, and input organized into a cohesive outreach program. Collaboration. Encourage cooperative land use and resource planning among JBSA- Randolph and the surrounding communities so that future community growth and development are compatible with the training and operational missions at JBSA - Randolph seeking ways to reduce operational impacts on adjacent land proximate and within the study area. Actions. Provide a set of mutually supported tools, activities, and procedures from which local jurisdictions, agencies, and JBSA- Randolph can select, prepare, and approve / adopt and use to implement the recommendations developed during the JLUS process. The actions include both operational measures to mitigate installation impacts on surrounding communities and local government and agency approaches to reduce community impacts on military operations. 1.5 JLUS Partners As highlighted in the objectives stated previously, the JBSA- Randolph JLUS process was designed to create a locally relevant study that builds consensus and obtains support from the various stakeholders involved. To achieve the stated JLUS goal and objectives, the planning n City of Schertz process included a public outreach program that utilized m City of Selma a variety of opportunities for interested parties to m City of Universal City contribute to the development of the study. n Guadalupe County City of Cibolo Stakeholders include individuals, groups, organizations, m City of Seguin and government entities interested in, affected by, or affecting the outcome of the JLUS project. An early step in any planning process is the identification of stakeholders. Informing or involving them early in the project is essential in the identification of their most important issues to address and resolve through the development of integrated strategies and measures. Stakeholders identified for the JBSA - Randolph JLUS included, but were not limited to, the following: JBSA- Randolph and JBSA personnel; Local jurisdictions (cities, counties and In addition to the partners listed above, the JBSA - Randolph JLUS partnered with other agencies and organizations that provide a state, regional and / or community perspective. These partners brought to the study a vast, expert knowledge base in varying disciplines, including regional transportation practices, natural resources, and local "on- the - ground" perspective relevant to the unique land features and land ownership patterns. A complete listing of affiliated stakeholder groups that played a vital role in the development of the JBSA- Randolph JLUS includes: metropolitan planning organizations); m Federal Aviation Administration (FAA) Greater San Antonio Builders Association • Other partner agencies and organizations, such as M Real Estate Council of San Antonio local, regional, and state planning, regulatory, and m San Antonio Board of Realtors land management agencies; landholding and m Texas House of Representatives, District 118 regulatory federal agencies; landowner and realty m Texas House of Representatives, District 119 associations; and other special interest groups m Texas House of Representatives, District 120 (including local educational institutions and school m Texas Military Preparedness Commission districts); m U.S. House of Representatives, District 35 Texas Department of Transportation • The general public, including residents and landowners. Public Participation These groups of stakeholders played a critical role in the development of the JBSA- Randolph JLUS and Background Report. Their input provided comprehensive, technical guidance relevant to their jurisdiction's policies, regulations, culture, and values. The JBSA- Randolph stakeholder groups helped shape the various strategies identified in this document. 1.6 Local Communities This JLUS could not have been possible without the effort provided by the 11 communities participating in this study illustrated on Figure 1: • Bexar County • City of Converse • City of Garden Ridge • City of Live Oak • City of San Antonio The general public was instrumental in the development of the JLUS and strategies by providing their perspective and feedback, both in public workshops and through the use of the interactive project website (www.jbsa- randolphjlus.com). During the development of the JLUS, three public workshops and one public hearing were held to solicit public input on the direction and content of the JLUS. Page 4 Committees AUS The area around Stinson Municipal Airport is Two committees, comprising city, county, military, and characterized by portions of residential development other partner agencies and organizations, guided the and open and park space. Figure 1 illustrates the overall development of the JBSA - Randolph JLUS: JBSA - Randolph JLUS study area. Executive Committee (EC). This committee was responsible for leading the direction of the JLUS; its members are listed in the Acknowledgements section of this report. JBSA- Randolph is located in northeastern Bexar County, Texas, situated outside the San Antonio city limits, and is surrounded by several small municipalities: the City of Universal City to the north; the City of Schertz to the northeast, east and south; and the City of Converse to the west. The areas north and west of the installation are urbanized, while the area south and east of the installation are predominantly agricultural and open space with pockets of residential subdivisions. JBSA- Seguin is a sub - installation of JBSA - Randolph and is located one mile east - southeast of the City of Seguin along U.S. Route 90 (US -90). The City of Seguin is characterized as a rural and agriculture - friendly municipality located 30 miles east of JBSA- Randolph along the Interstate -10 and US -90 corridor. Stinson Municipal Airport is owned and operated by the City of San Antonio. It is situated in San Antonio City Council District 3, just south of downtown and is open to public use. It is approximately 33 miles south - southwest of JBSA - Randolph proper and is contracted by the Department of Defense (DOD) to enable flying training exercises. Please see the next page. The Joint Land Use Study (JLUS) study area includes three distinct and separate locations all within south - central Texas. Joint Base San Antonio - Randolph (JBSA - Randolph) is northeast of the City of San Antonio and is located between Interstates 10 and 35 in Bexar County. JBSA- Seguin Auxiliary Airfield (JBSA- Seguin) is located about 30 miles east of JBSA- Randolph, just south of Interstate -10 (1 -10) in Guadalupe County. Stinson Municipal Airport, which is owned and operated by the City of San Antonio, is located in the southeast sector of San Antonio in City Council District 3, just west of 1 -37. The present setting and character of the three areas within the overall study area are both, urban and rural. The area surrounding JBSA- Randolph includes both developed and undeveloped lands. The northern and western areas adjacent to the installation are primarily developed including residential, commercial, and industrial uses. The east and south areas of JBSA- Randolph are characterized by more rural land including agricultural, open / undeveloped, and low- density or rural residential uses. The San Antonio metropolitan area is host to a diverse local economy and is a regional center for retail, business, and manufacturing. Several significant economic drivers exist throughout the JLUS Study Area, including the Caterpillar engine assembly plant in Seguin; the Hanson Quarry in Garden Ridge; and the San Antonio Military Medical Center in San Antonio. The diverse economy within the San Antonio metropolitan area comprises several industries including healthcare, retail, accommodation, administration, finance and insurance, construction, and manufacturing. These industries reflect the major economic development sectors found throughout the region. The suburban communities have diverse economies, but also rely on JBSA - Randolph for local economic support. .1 JLUS Community Growth Trends Recent population growth has brought significant development to the study area. Every jurisdiction, with the exception of the cities of San Antonio and Seguin, experienced growth rates higher than those of the State of Texas and Bexar County, with the City of Selma growing by over 600 percent in the last decade. Additionally, the cities of Converse, Cibolo, Garden Ridge, and Schertz all experienced substantial growth due to the outward expansion from the central core of San Antonio and general expansion within these cities. Table 1 shows the population change from 2000 to 2010 and notes the percent change in the 10 years. Despite this being a large, urbanized area, the majority of land in Bexar County is developed characterized by one major city, the City of San Antonio, numerous other cities, towns and military bases. This urbanized area encompasses 656 square miles within Bexar County, while the unincorporated area covers 600 square miles. JBSA R and Stinson Municipal Airport are located entirely within the county while JBSA -S is located in neighboring Guadalupe County. Currently, the area within Guadalupe County continues to experience growth and, in recent years, a diversified economy and population boom. Manufacturing supported over 6,000 jobs in Guadalupe County in 2009, generating $1.62 billion. Caterpillar built a $170 million manufacturing plant in the City of Seguin, which supports 1,400 jobs in the area. The county's population has experienced a dramatic increase in recent years and had a 2010 population of 131,533. This population is largely clustered in or around Schertz, Cibolo, Seguin, and, to a small extent, the peripheries of New Braunfels and San Marcos. Page 7 The balance of Guadalupe County remains unchanged from earlier times and is primarily rural and agricultural Table JBSA-Randolph Bexar County 1,392,931 1,714,773 23% City of 11,508 18,198 58% Converse City of Garden 1,882 3,259 73% Ridge City of San Antonio City of Scher City of Selma City of Universal Cit Guadalupe County 1,144,646 1,327,407 16% 18,694 31,465 68% 788 5,540 603% 89,023 City of Seguin 22,011 Source: Census.gov, 2000, 2010. 131,533 48% 25,175 14% s' 'rr •'_ 11 1 1 i as Future i ti on Projections The Texas State Data Center (TSDC) prepared three projection scenarios for forty year population growth estimates for the State of Texas and all counties within its jurisdiction. The estimates included Bexar and Guadalupe counties, which are included in the study area. The TSDC included a background of the methodology used to prepare the three projection scenarios and provided recommendations regarding the use of each scenario's data set. The three data sets focused on a "Zero Migration Scenario ", a "One -Half 2000 -2010 Migration (0.5) Scenario ", or a "2000 -2010 Migration (1.0) Scenario ". Matrix employed the recommendation for use of the "One -Half 2000 -2010 Migration (0.5) Scenario" by the TSDC in so far as the TSDC noted that the "0.5 scenario continues to be the most appropriate scenario for most counties for use in long -term planning." These 0.5 migration projections are identified in Table 2. These projections demonstrate a continued rate of growth in the State of Texas, Bexar County, and Guadalupe County. Although this information is not specific to the JLUS study area, it is helpful as it substantiates other growth projections and helpful in understanding regional growth trends. Source: Texas State Data Center, Projections of the Population of Texas and Counties in Texas by Age, Sex and Race /Ethnicity for 2010 -2050, Nov 2012JLUS Community Economic Trends Bexar County 1,714,773 1,974,041 2,231,550 2,468,254 44% Source: Texas State Data Center, Projections of the Population of Texas and Counties in Texas by Age, Sex and Race /Ethnicity for 2010 -2050, November 2012 Current Development in Adjacent unities A few of the communities within the JBSA - Randolph JLUS Study Area are located directly adjacent to JBSA - Randolph. These communities include the cities of Converse, Schertz, and Universal City. Development pressures extending from these adjacent jurisdictions can impact JBSA- Randolph operations and vice versa the military operations can impact the communities' ability to develop. The cities of Cibolo, Garden Ridge, Live Oak, San Antonio, and Selma, comprise the other communities included in the study area, which are proximate or adjacent to Converse, Schertz and Universal City and can absorb development from the adjacent communities or create additional impacts for the installation. Otherwise, the City of Seguin is located proximate to JBSA- Seguin and the City of San Antonio is located proximate to the Stinson Municipal Airport (Stinson). City of Converse The City of Converse while mostly developed, hired a firm to develop a plan for the city's 1604 Corridor to expand upon its amenities offered to its residents and visitors. The development is proposed for the city's eastern / southeastern boundary along the alignment of Loop 1604. This area encompasses both incorporated land and proposed future extraterritorial jurisdiction (ETJ). This corridor development is outlined in the 1604 Commercial Corridor Study and provides a variety of uses and amenities to the city's residents and visitors including but not limited to a healthcare / medical zone, several retail zones, and open space and recreational opportunities. The proposed development would be considered the gateway for the community and provide another foundation for the city's economic base. Source: 1604 Commercial Corridor Study, Aug 2013 City f Schertz According to the City of Schertz's Comprehensive Land Plan, the city witnessed a large amount of residential and industrial growth from 2000 to 2010 and expects continued growth in both sectors. The plan noted that the residential and industrial growth is occurring more in northern areas of Schertz when compared to the southern areas, since the southern areas face development challenges. Future constraints for continued residential and industrial growth include available land, flood plain, and the recommended land use guidelines to develop property located within the JBSA -R airfield safety zones and noise contours. Schertz has some concerns about sprawl and looks to the implementation of Smart Growth techniques, i.e., traditional neighborhood development, transit - oriented development, conservation subdivision techniques / cluster zoning, and planned unit, to grow efficiently. Source: City of Schertz Comprehensive Land Plan, undated City i rs City The main retail corridor through the City of Universal City is State Highway (SH) 218, Pat Booker Road, which provides the greatest development opportunity within the city. In the 2008 Universal City Comprehensive Plan, the city identified redevelopment and infill as the major means to obtain housing growth. The city zoned the areas along Pat Booker Road for retail and commercial services and has increased the density of its neighborhoods to medium- density zoning in many of the areas along the highway. Furthermore, the city's zoning ordinance includes three overlay districts: redevelopment, aviation district, and campus, in addition to the Randolph compatible use zone overlay, which will provide more flexible requirements to assist in developing these areas. Sources: Universal City Comprehensive Plan 2008 -2013; Universal City Zoning Ordinance City i 9 The City of Cibolo includes a large amount of ETJ area south of the incorporated city area. This ETJ extends south past 1 -10, abutting the City of San Antonio's ETJ, and east along 1 -10, abutting the City of Seguin's ETJ. The recent rapid population growth is likely to spur development and increase the rate of annexation. The ETJ area along 1 -10 is expected to provide an important development thoroughfare and contribute to the overall growth within the area. The city has currently zoned much of the annexed area between SH 539 and 1 -10 as rural residential, while the areas closer to 1 -10, along Bolton Road and Main Street Extension, are zoned for commercial, commercial / industrial, single - family residential and mixed use land uses. These areas of concentration support the city's goals of expanding business development, industrial parks, and retail development to diversify the city's economy. Sources: City of Cibolo — Update to the Master Plan, 2005; City of Cibolo Economic Development website homepage, accessed Oct 2013; City of Cibolo Future Land Use and Thoroughfare Map, 2013; City of Cibolo Overall Annex Map, July 9, 2013; Seguin City Limits / ETJ map, undated Ridge City of Garden The City of Garden Ridge is bound to the north and west by the City of San Antonio's ETJ, to the east by New Braunfels' and Schertz's ETJ, and to the south by Schertz's incorporated area. Current development is limited by the location of the active quarry, in the middle of the city. The city expects that the quarry will conclude operations in approximately 25 years. At that time, Garden Ridge expects to convert the property to 1,490 residential lots. Until such time the quarry operations cease, land cannot be developed. The zoning within the city is currently split into an even mix of single - family residential / residence - agriculture and industrial land uses. Sources: City of Garden Ridge, Ordinance 13- 102008 (zoning), Dec 3, 2008; City of Garden Ridge, Existing Zoning map, undated; City of Garden Ridge, 2009 Water Master Plan & Impact Fee Analysis City of Live Oak The City of Live Oak is bound to the north and west by the City of San Antonio's incorporated area, to the south by the San Antonio ETJ and the City of Converse, and to the east by the cities of Universal City and Selma. The city supports goals for infill development and increased density development. The city seeks to incorporate varied density mixed uses with retail elements in neighborhood -type residential developments. This mixed use redevelopment is one of the city's future land use recommendations; others include encouraging unique mixed -use non - residential development and protecting prime retail property for the highest use development. The city also seeks to capitalize on its location at the intersection of 1 -35 and Loop 1604 by furthering development of the business district in the area through redevelopment and infill. Sources: Future Land Use Plan, City of Live Oak Comprehensive Plan 2022, undated; City of Live Oak, Texas, Zoning Map, Jul 2008 City t i To further the city's long -term viability and growth, the City of San Antonio has identified supporting military installations as one of their Comprehensive Master Plan major goals, and supporting military missions and operations as one of their Annexation Policy statements. The City's ETJ and incorporated areas are located north, west, and south ofJBSA- Randolph, but both are physically separated from JBSA- Randolph by the cities of Selma, Live Oak, Converse, and Schertz. The city's incorporated areas have been largely zoned for single - family residential uses with adjoining / nearby park and open space uses. Given the significant single - family residential development occurring in the cities between San Antonio and JBSA - Randolph, similar growth is likely to occur in the area controlled by the City of San Antonio. Sources: City of San Antonio Comprehensive Master Plan Framework, 2011; City of San Antonio Future Land Use Plan, I -10 East Perimeter Plan Update, 2008 City of Selma The City of Selma is bound to the north by the City of San Antonio's ETJ, to the east by the City of Schertz, to the south by the City of Universal City, and to the west by the City of Live Oak. In 2005, approximately one - quarter to one -third of Selma was undeveloped, vacant land. Since then, several single - family residential developments have been constructed as well as multi - family residential; office; hotel, i.e., a Holiday Inn Express; and both large, i.e., a Costco, and small retail development. Source: City of Selma, 2005 -2020 Comprehensive Development Plan Volume 1, Jun 2007 To appropriately develop and assess compatibility issues for the ]8SA-Rando|ph]LUS, it is critical to understand the military operations and activities associated with JBSA-Randolph missions and how those operations interface with nearby communities. This chapter provides a brief overview of the mission operational footprint for JBSA-Randolph, ]8SA-Seguin, and Stinson. ]85A-Rando|phis located inBexar County, Texas about 15 miles northeast ofdowntown San Antonio. The installation is near major transportation corridors including Interstate 35 (|-35),|-1l and Loop l6O4 and rail operated by Union Pacific. Neighboring, developed communities include the City of Converse to the west, the City of Universal City to the north, and the City of Schertz, which wraps around JBSA-Randolph extending from the installation's northeast corner to the installation's southwest corner. |n addition, there are other communities that are proximate tothe aforementioned cities indudinQ[ibo|o' Garden Ridge, Live Oak, and Selma. 3°1 JBSA~Randobph The installation covers 2,894 acres and supports numerous activities and buildings that support the mission. These include facilities and uses associated with airfield operations; industrial / maintenance; administration; community commercial, i.e., Army and Air Force Exchange Service (AAFES), and community service, i.e., chapel; medical; housing; outdoor recreation; and open space /water. sovrcraencm/planxondvlphxFB,rx(undoted) Military Strategic Importance JBSA-Randolph is a critical asset to the DOD and provides flying training to student and instructor pilots. Test and evaluation of aviation-related training systems is also conducted as part of the overall mission. ]BSA-Rando|ph not only trains pilots and instructor pilots, the base is also home to major headquarters within the United States Air Force (USAF) including Air Education and Training Command, a major command in the USAF responsible for all education and training of today's airmen, Headquarters (HQ) Air Force Personnel Center, and HD Air Force Recruiting Service. In addition to being a critical flying training wing in the USAF and a home to several AF HQs, JBSA-Randolph provides over $1.3 billion in economic impact to both local and regional economies. This impact is comprised of three components: annual payroll, annual expenditures and value of jobs created. Moreover, ]8SA comprised of]8SA-Randu|ph, JBSA-Lackland, and JBSA-Fort Sam Houston / Camp Bullis, in Bexar County provides over $27.7 billion in economic impact to the region. These figures not only demonstrate the economic importance of JBSA to the region, but demonstrate that JBSA-Randolph is a significant component of the local economy. Page 11 Military r i The 12th Flying Training Wing (FTW), the host unit at JBSA- Randolph, conducts training for instructor pilots, combat systems officers and introduction to fighter fundamentals student pilot training. Pilot training is performed in the T -6A Texan II, T -38 Talon, and T -1A Jayhawk aircraft. Flight operations in support of the 12th FTW mission are conducted 260 days annually. These operations are conducted during the day and generally limited to the hours between 7:00 a.m. and 6:00 p.m. Night operations, i.e., from 10:00 p.m. to 6:00 a.m., are rare exceptions and require coordination with and approval from the 12th FTW Operations Group in accordance with the JBSA -R Noise Management Plan. T -38C Talon aircraft. Photo courtesy of JBSA- Randolph. Aside from flight operations conducted by aircraft based at JBSA- Randolph, other military aircraft occasionally utilize the airfield at the installation. These operations are considered transient operations and have steadily decreased over the years with 1,124 operations in calendar year (CY) 2010 and 314 operations as of July 2013 for CY13. Transient operations are accepted up to 312 days per year— in contrast to the 260 days provided to the 12th FTW for training. In addition to flying training mission, the 12th FTW provides repair or replacement of external parts on aircraft engines from aircraft at JBSA -R and other AF installations. Future r ti To enable the US Air Force to train in a new two -seat jet trainer, the USAF T -X program will begin in 2017 and is expected to be fully operational by 2023. The T -X aircraft will replace the T -38 Talon as the T -38 Talon fleet is over 43 years old. The new T -X aircraft is a faster two - seat jet that will enable sustained high -G operations, aerial refueling, night vision imaging systems operations, Page 12 air -to -air intercepts, and data -link operations. This aircraft will be more advanced regarding the information systems capability of the aircraft as opposed to the T -38 aircraft. With this advanced technology, the T -X aircraft is more likely to have a larger noise footprint than its counterpart the T -38. This could have increased impacts on the communities in the vicinity of the JBSA- Randolph airfield. w 2 J13SA-Randolph Military Mission file The JBSA- Randolph mission profile is composed of various footprints that are associated with the mission. These components are either tangible meaning that they are either physically seen and / or heard or intangible meaning that they exist within space without being seen or heard. One example of a tangible footprint is noise associated with aircraft activity; one example of an intangible component is the flight path that an aircraft follows. These tangible and intangible footprints comprise the mission profile. Oftentimes, the profile is not contained within the confines of the military installation; noise, for example, does not stop at the fence line. The mission profile can potentially affect areas adjacent to or near the installation. Conversely, some development activities occurring in communities such as residential or commercial development within or adjacent to a military installation (depending on location) have a potential to adversely impact aircraft operations. The JBSA- Randolph mission footprints are both localized and regional in nature. Localized footprints are shown in Figure 2 and include: • Accident Potential Zones • Noise Contours • Bird and Wildlife Air Strike Hazard (BASH) • Vertical Obstructions • Imaginary Surfaces Regional footprints are illustrated in Figure 3 and include: • Military Training Routes (MTRs) • Military Operating Areas (MOAs) • Restricted Airspace adalupe ;runty Legend Airfield Imaginary Surface Inner Horizontal 5-mile BASH FAA Part 77 Regional Cities JBSA - Randolph Primary Surface Surface = 150 ft Relevancy Area CZ3 Up to 2W @ 3NIVI JLUS Partners Runway Centerline Approach/Departure Conical Surface 20 ft to 1 ft -ial Use Airspace Spec (Alert Area A-635) Up to 300'@4NM < City / Community Interstate / Highway Clearance Surface (glide angle) = 50 ft Outer Horizontal Noise Contour Up to 400' @ 5NIVI Bexarand Road to 1 ft up to 500 it Surface = 500 ft (dB) Up to 500'@ 6NIVI Guadalupe County Boundaries 1'\,,e Railroad Approach/Departure Clearance Surface Transitional Surface 7ft to 1 ft 65 Accident Potential Zones River /0 ��\ (horizontal) = 500 ft 70 Clear Zone /"V 75 APZ 1 0 1 2 Sources: JBSA - Randolph, 2013; FAA, 2013. I^V 80 APZ 11 ammmmu--= Miles Page 13 1 Page 14 4 g C as Fort M � � 5 bi en e r ' F i i��➢�.� sr1 d „ M, U 2 t '8�s6�759 actres, } �tt4 Son W g ^4��iLLPtl ?di.ini�t �tt�Yt�� tfSSttt 1: 3ttY $ tf TEXON';MOA TIC Mef n 889 .acres �< <k } w. 'y all ae6i`' YY} $4{ 482,Yy ores Randolph s,q A u st iii 51 i}t The vb,)A hlJ5,?1 A635 118,186 acres ,: j_.� r 5R293 9"5fa�res �� (Closedt,,MI rF R292 �� 163 acres l' 109,468 acres '� ea Bea �m Page 14 Maintaining and sustaining these local and regional footprints plays a significant role in the long -term viability of JBSA- Randolph and continued mission readiness of the USAF. J13SA-R Local Operational Footprint The JBSA- Randolph airfield operational footprint is comprised of the mission components associated with airfield operations including accident potential zones, noise contours, the BASH area, and imaginary surfaces. These components involve varying levels of land use planning from jurisdictions and the military to enable compatibility with the military mission. Such planning recommendations include restricting development in the clear zone (CZ) of the airfield and lowering building heights to prevent unnecessary vertical obstructions and promote navigable airspace. Accident Potential Zones Accident potential zones (APZs) encompass three main areas from the end of the runway(s): the CZ, APZ I, and APZ 11. These zones start at the ends of the runways and extend outward and are delineated based upon historical data of aircraft accidents. DoD recommends land uses for these areas to encourage and promote compatibility with military operations and to protect the public welfare. As shown in Figure 2, the CZ extends outward from the ends of the runways by 3,000 feet and is 3,000 feet wide and has the potential to create compatibility issues within the cities that are encompassed within the CZs. The APZ I measures 3,000 feet wide by 5,000 in length and APZ II measures 3,000 feet wide and 7,000 feet in length, they extend outward from the CZ respectively. It should be noted that the northern JBSA- Randolph CZs encompass land within Universal City and the City of Schertz, and the southern CZs encompass land within the cities of Converse and Schertz. The northern APZ I areas are within the cities of Universal City and Schertz and the southern APZ I encompasses land in the cities of Converse, Schertz, and San Antonio. The northern and southern APZ II areas extend into the cities of Universal City, Selma, and Schertz, respectively. Aircraft Noise Contours The noise contour information was prepared for Randolph AFB in the 2008 AICUZ Study. The AICUZ was updated in part, due to the change in noise exposure since the 2000 AICUZ. The noise exposure is modeled based off of the type of aircraft flown, including the T -6 and T -38 for annual average busy -day aircraft operations. The loudest JBSA -R noise contours generated by military aircraft operations occur within the installation boundaries, but portions of the 65 dB and 70 dB noise contours extend off base into the surrounding communities of Converse, Universal City and Schertz and in small portions of land not contained in the Study Area. Imaginary Surfaces The DOD under Unified Facilities Criteria (UFC) 03- 260 -01 has identified certain imaginary surfaces around runways at military installations to determine how structures and facilities are evaluated for creating vertical obstructions around an active airfield. The imaginary surfaces build upon each other and are designed to eliminate obstructions either natural or man -made, to air navigation and operations. Each type of imaginary surface has different dimensions, planes or slopes in which a structure intruding upon it may be considered a vertical obstruction. Figure 2 illustrates the JBSA- Randolph imaginary surfaces and provides the allowable heights and slopes in these imaginary surfaces. Bird Air Strike Hazard Relevancy Area Birds and wildlife pose a threat to military training and flight operations. Due to changes in regional migratory patterns and the availability of dense foliage for roosting on the installation, JBSA Randolph has become an ideal habitat for a flock of migratory White Winged Dove. At an estimated flock size of 12,000- 15,000 birds, and growing, the White Winged Doves present a particularly acute risk to high -speed jet operations on Randolph's east runway. These birds accounted for only 12.5 percent of damaging bird- strikes in FY 12, but this rate steadily increased to 55.6 percent of damaging bird - strikes in FY 14. Aggressive efforts are underway to contain the expanding BASH threat. Risk mitigation techniques, such as adjusting flight operations, successfully reduced overall bird strikes from 75 in FY13 to 70 in FY 14. Page 15 Previous short -term methods are planned for expanded use in FY 15 but are considered unsustainable due to long term effects on lost training and reduced pilot production. Habitat reduction by eliminating retaining ponds and flora favorable to these species greatly reduces the risk associated with bird activities. While small in number, large bird species that inhabit installation water sources are especially damaging in an aircraft strike incident. These large birds, such as Cranes and Egrets, are most effectively controlled by eliminating nonessential water sources both on the installation and in the communities surrounding the installation. Figure 2 illustrates the FAA statistical BASH relevancy area around JBSA - Randolph. BASH impact to aircraft. Photo courtesy of JBSA- Randolph. Vertical Obstructions Separately from and in addition to the established imaginary surfaces, the FAA also establishes further guidance to reduce the potential for accidents surrounding an airfield. This guidance is codified in the Code of Federal Regulations at Title 14, Part 77.17 and utilized by the FAA during obstruction evaluations. The guidance and process for obstruction evaluation is more fully detailed in Section 4: Existing Tools as it is not a military- specific element and is not a direct result of JBSA- Randolph operations. It is included here, within the military profile, nonetheless, because it is associated with airfield operations. Figure 2 illustrates Part 77 relevancy areas. JBSA-R Regional ti Airspace With respect to military operations, regulatory special use airspace (SUA) includes prohibited areas and restricted areas. Non - regulatory special use airspace includes military operating areas (MOAs), military training routes (MTRs), warning areas, alert areas, national security areas, and controlled firing areas. Specific to JBSA- Randolph, regulatory and non - regulatory special use airspace includes MOAs, MTRs, and slow -speed low altitude training routes, as well as alert areas and restricted airspace as illustrated in Figure 3. Military Operating Areas The Randolph 1A MOA is located east /southeast of San Antonio. The Randolph 1B and Kingsville 5 MOAs are both located southeast of San Antonio. The Randolph 2A and 2B MOAs are both located west of San Antonio. The TEXON MOA is located northwest of San Antonio and is the greatest distance away from San Antonio out of all of the MOA. While these areas are not located within this JLUS study area, it is discussed here and shown in Figure 3 to provide a comprehensive picture of the overall airspace footprint for the JBSA - Randolph mission. Source: San Antonio Sectional (May 2, 2013) FAA; Joint Order 7400.2J: Procedures for Handling Airspace Matters — Military Operations Areas (Aug 22, 2013) FAA; Installation Complex Encroachment Management Action Plan figure (March 2012) JBSA; in person interview with S Taylor (Jul 2013); GIS data provided by JBSA -R Military Training Routes There are two types of MTRs associated with the JBSA -R operations: instrument flight rule or IFR and visual flight rule or VFR. The primary difference between IFR and VFR MTR is the ability to fly with or without the use of instruments in various weather conditions. There are also Slow Speed Altitude Training Routes associated with JBSA- Randolph and an alert area. Slow speed, low altitude training routes (SR) are generally not considered a MTR, but are treated much the same as a MTR. The SUA and Slow Speed Low Altitude Training Routes are illustrated in Figure 3. This figure also illustrates the regional airspaces for which numerous installations in the region use to perform their training missions. Source: Area Planning AP 11B Chart, Military Training Routes - Central U.S. (May 2, 2013) National Geospatial- Intelligence Agency [NGA]; Area Planning, Military Training Routes — North and South America (Nov 15, 2012) NGA; Installation Complex Encroachment Management Action Plan figure (March 2012) JBSA; in person interview with S Taylor (Jul 2013); GIS data provided by JBSA -R JBSA -R Alert Area A -635 The large amount of flight activity involving student pilots associated with the JBSA- Randolph mission required the airspace surrounding the airfield to be designated Alert Area A -635. It should be noted that Alert Area A -635 does not extend into or include any of the Class D airspace that is directly associated with the JBSA- Randolph airfield; it does, though, envelop and surround the entire Class D airspace. Alert Area A -635 covers an area comprising 118,186 acres and is illustrated on Figure 3. Alert Area A -638 Like the designation of Alert Area A -635 due to the large amount of flight activity involving student pilots associated with the JBSA- Randolph mission, the airspace over the JBSA- Seguin airfield is also designated as Alert Area A -638 for the same reasons. A -638 covers an area comprising 109,468 acres. This SUA is shown in Figure 3. Alert Area A -638 does not preclude entry by aircraft unassociated with the military flight operations; although, it does require all flight operations in the area to be conducted under VFR. Other attributes associated with Alert Area A -638 includes an operational area that extends vertically to and including 3,000 ft. mean sea level (MSL) and horizontally across a large area encompassing the airfield. The time of use associated with A -638 begins at sunrise and ends at sunset from Monday to Friday. Source: San Antonio Sectional (May Z 2013) FAA; Installation Complex Encroachment Management Action Plan figure (March 2012) JBSA; in person interview with S Taylor (Jul 2013); GIS data provided by JBSA -R Aerial Refueling Area AR614 There is one aerial refueling area west ofJBSA- Randolph designated as AR614. Aerial refueling must be conducted within the designated airspace under instrument flight rules and on flight tracks with specific entry and exit points. In AR -614, the refueling altitude is designated at flight level (FL) 250 (25,000 ft.), FL 270 (27,000 ft.) or as designated by Air Traffic Control. The time of operation for AR614 is unlimited. Source: http://ivoous.org /main/ pilot /military /Airrefueitracks.pdf JBSA-Seguin Auxiliary Airfield JBSA - Seguin is centrally located in Guadalupe County, three miles east - southeast of the City of Seguin and almost 27 miles east of JBSA- Randolph. It has one runway and covers 961 acres. It is an unattended airport and restricted to use by the military; prior authorization is required prior to landing at the airfield. The infrastructure and environs at JBSA- Seguin are the responsibility ofJBSA- Randolph. Military a ti JBSA- Seguin supports the flight instruction training mission at JBSA- Randolph, providing an area free from urban encroachment ideal for touch - and -go operations, practice approaches, and emergency landing procedures practice. Runway renovations were recently completed at JBSA - Seguin and the airfield is operational to support the flight instruction training mission. Accident Potential Zones The APZ zones, i.e., CZ and APZs, for JBSA-Seguin were mapped in the 2000 AICUZ Study for Seguin Auxiliary Airfield, Texas. Knowing that the length of the runway has not changed since that time, the safety zone dimensions have not changed. As mentioned before, the AF standard measurements for CZs extend outward 3,000 feet from the end of the runway and 3,000 feet wide. The CZ is the standard size and encompasses areas in unincorporated Guadalupe County. The APZ I and 11 measurements are the standard size affecting both the city and county. Figure 4 illustrates these APZs. Source: AICUZ Studyfor Seguin Auxiliary Airfield, TX, Dec 2000. Page 17 C a1 d ,l I _C . ty Gonzales G ua d a I u pe County County Legend Airfield Imaginary Surface Inner Horizontal 5-mile BASH FAA Part 77 Regional Cities JBSA - Seguin Auxiliary Airfield Primary Surface Surface = 150 ft Relevancy Area Up to 200'@ 3NIVI JLUS Partners Runway Centerline Approach/Departure Conical Surface 20 it 1 it Special Use Airspace Area A-638) Up to 300- @ 4NM Seguin Interstate Highway Clearance Surface to (Alert [:3 Up 400'@ 5NIVI .,_,,.3 = Guadalupe County (glide angle) = 50 it Outer Horizontal Noise Contour to Road to 1 ft up to 500 it Surface = 500 ft (dB) Up to 500'@ 6NIVI Railroad Approach/Departure Transitional Surface 65 Accident Potential Zones River Clearance Surface 7 ft to 1 it Clear Zone (horizontal) = 500 it 70 75 APZ I Sources: JBSA - Randolph, 2013; FAA, 2013; 80 APZ 11 =mm==== Miles AICUZ Study for Seguin Auxiliary Airfield, 2000. Aircraft Noise Contours As shown in Figure 4, the JBSA- Seguin noise contours do not interface with the City of Seguin directly. However, it should be noted that a majority of the noise contours directly affect land uses within Guadalupe County. Additionally, the 65 dB contour is proximate to a portion of the eastern city limit of Seguin, and there is a small portion of the 75 dB noise contour that is located off - installation. Imaginary Surfaces Figure 4 also displays the dimensions of the imaginary surfaces layers that build upon each other and surround the JBSA - Seguin airfield. The dimensions, planes, and slopes of these surfaces are the same as those associated with the JBSA- Randolph airfield, as both JBSA- Randolph and JBSA- Seguin airfields include Class B runways. Source: AICUZ Study for Seguin Auxiliary Airfield, TX (Dec 2000); Unified Facilities Criteria: Airfield and Heliport Planning and Design (Nov 17, 2008) DOD Bird Air Strike Hazard Relevancy Area Figure 4 illustrates the JBSA- Seguin BASH relevancy area, the BASH Plan notes one issue related to this area — circling and soaring raptors and increased vulture activity. JBSA- Randolph believes these activities are associated with hunting field dressing deer during the season, beginning the end of September to the beginning of November for archery only and beginning November to the beginning of January for the general season. Vertical Obstructions As previously indicated within the information regarding JBSA- Randolph, the FAA established guidance to reduce the potential for accidents surrounding an airfield. More information about the FAA guidance is included in Section 4: Existing Tools and in the JBSA- Randolph description. Figure 4 displays JBSA- Seguin Part 77 relevancy areas. Source: 14 CFR § 77.17 Stinson Municipal Airport Stinson Municipal Airport (Stinson) is owned and operated by the City of San Antonio. The inclusion of Stinson within the JBSA- Randolph 1LUS is based on the JBSA - Randolph military flight operations that occur at Stinson. Accordingly, information in this section regarding Stinson will be limited to the operations involving JBSA - Randolph to the extent possible. Current Operations While the majority of Stinson's current operations are general aviation, the relevant component to this JLUS is the JBSA- Randolph military operation involvement. The total of all military activities totaled 7,146 for a 12 -month period ending March 26, 2011. This total represents 4.5 percent of the total aviation operations conducted at Stinson for the same period. Historical data captured from 2002 to 2011 shows transient military operations outnumbered local military operations for all years between and including 2002 to 2008. Beginning in 2009, the number of transient military operations decreased from previous years, but appears to have stabilized around 3,000 to 3,500 annual operations based on available data. Source: Stinson Municipal Airport Master Plan Update (May 2013) Kimley -Horn and Assoc.; Airport Master Record (Jun 27, 2013) FAA; Advisory Circular 15015300 -13A (Sept 28, 2012) FAA; San Antonio Sectional (May 2, 2013) FAA; FAA Airport Master Record, 2013. Stinson issi on Footpri The overall footprint relating to the operations at Stinson is likely to be reflective of the general aviation operations unlike the footprint for JBSA - Randolph and JBSA- Seguin, where data for those two locations only included military operations. In addition, the footprint relative to military operations, as illustrated in Figure 5, is likely to be exaggerated since the military operations only comprise a small percentage of the overall aviation operations. Safety s Several different safety and protection zones comprise the Stinson Municipal Airport Safety Zones. They are Object Free Areas, Runway Protection Zones, Runway Safety Areas and Obstacle Free Zones. Page 19 Page 20 Object Free Areas and Runway Protection Zones CZs and APZs are associated with military airfields. Civilian airfields, in contrast, utilize object free areas (OFAs) and runway protection zones (RPZs). The OFA is located in the same general area and serves the same purpose as the military's CZs in that it is an area located at the end of a runway and is intended to be "free of objects" as noted in the FAA Advisory Circular regarding airport design. Additionally, the RPZs act similarly to the APZs in that they are designed to minimize harm to persons and property in the event of an aviation - related incident during takeoff or landing. RPZs, though, differ from APZs in size, shape, and property ownership requirements. RPZs vary in size and are enlarged or minimized according to the type of aircraft a runway supports. Figure 5 displays RPZs at Stinson. All of the runways at Stinson include RPZs, but do not include OFAs. This is because the active part of the runway, the point at which an aircraft will physically gain or lose contact with the runway during landing or takeoff, starts several hundred feet from the end of the paved area associated with the runway. The active start of the runway —the runway threshold - is displaced from the end of the paved area. These runway areas are not used for takeoff or landing and act as the OFA since the area is kept free of objects by virtue of the paved areas associated with the runway location. Source: Advisory Circular 15015300 -13A (Sep 28, 2012) FAA; Memorandum: Interim Guidance on Land Uses within a Runway Protection Zone (Sep 27, 2012) FAA; Stinson Municipal Airport Master Plan Update (May 2013) Kimley -Horn and Assoc. Runway Safety Area The runway safety area (RSA) includes all areas directly adjacent to the runway and is sized to arrest 90 percent of all runway overruns. According to the FAA, "The RSA enhances the safety of aircraft which undershoot, overrun, or veer off the runway, and it provides greater accessibility for fire - fighting equipment during such incidents." The size of the RSA is standardized based on the aircraft approach category and the aircraft design group. Source: Advisory Circular 15015300 -13A (Sep 28, 2012) FAA; Stinson Municipal Airport Master Plan Update (May 2013) Kimley -Horn and Assoc.; FAA AC, 2012. Obstacle Free Zone The primary purpose of the obstacle free zone (OFZ) is to ensure the safe maneuver of aircraft in the areas near and adjacent to an airfield / runway. The OFZ dimensions for civilian runways are fully dependent on "approach minimums for the runway end and the aircraft on approach ". Accordingly, the size of the OFZ is standardized based on the aircraft approach category and the aircraft design group. Source: Advisory Circular 15015300 -13A (Sep 28, 2012) FAA; Stinson Municipal Airport Master Plan Update (May 2013) Kimley -Horn and Assoc.; FAA AC, 2012. Aircraft Noise Contours Similar to the noise modeling and resulting noise contours prepared for JBSA- Randolph, noise contours were produced for activities at Stinson and are shown in Figure 5. While the DNL 75 dB and 70 dB noise contours are confined to the Stinson Municipal Airport property, the DNL 65 dB contour extends off the southern end of Stinson approximately 500 feet into San Antonio. The DNL 60 dB noise contour associated with the south end of the airport property extends into areas where residential and industrial uses are located. According to the Airport Improvements document, four residential dwelling units having approximately 11 persons would be affected by noise equal to or greater than DNL 60 dB. Source: Airport Improvements for Stinson Municipal Airport Environmental Assessment (Jun 2007) Ricondo & Assoc Imaginary Surfaces The imaginary surfaces that help to define acceptable height limits for civilian airports are established by the FAA and implemented based on the aircraft approach category and the aircraft design group. The City of San Antonio's Unified Development Code Airport Hazard Overlay District stipulates the surfaces and size of surfaces developed for and utilized by Stinson. These surfaces are shown in Figure 5. Source: 14 CFR § 77.17, City of San Antonio Unified Development Code Section 35 -331: 'AHOD" Airport Hazard Overlay District, Jan 2006 Page 21 Bird Air Strike Hazard Subzone FAA recommendations for BASH management state that land use management around an active airfield out to five statute miles from the center of the runway is key to mitigating the incidence of BASH. The FAA indicated this area was the area where BASH incidents were most likely to occur because aircraft are flying at lower altitudes and speeds. This makes the probability for BASH incidents to occur higher as BASH incidents typically occur at altitudes up to 3,500 feet AGE. The BASH relevancy area for Stinson is shown on Figure 5. Vertical Obstructions As previously mentioned in the JBSA - Randolph and JBSA- Seguin operational footprints, the FAA established guidance to reduce the potential for accidents surrounding an airfield based on heights of structures and ground elevation. More information about the FAA guidance is included in Section 4: Existing Tools and in the JBSA -R description. Figure 5 illustrates the FAA Part 77 footprint for Stinson. Page 22 There are numerous existing tools that can be used to encourage, promote, and manage compatibility between military installations and their neighboring communities. These tools exist at the federal, installation, state, regional, and local level and are used for compatibility purposes to guide every day land use and operational decisions in communities and on military installations. This chapter lists some of the key tools that are currently, or are recommended to be more efficiently utilized or enhanced to address the compatibility issues identified by the JBSA- Randolph (JBSA - Randolph) Joint Land Use Study (JLUS) process. The tools listed in this section are not exhaustive, but are meant to provide a brief overview of the primary tools currently utilized in the JLUS Study Area. .1 Federal Programs and Policies The federal programs and policies are provided for by the various branches of the federal government. These tools authorize other federal, state, and local agencies to implement regulatory measures and policies to protect the multiple resources that are involved in land use and military compatibility planning. The intent of these regulatory measures and policies include the protection and preservation of the quality of life and public welfare and the myriad of natural resources including land, water, and airspace. These tools assist land use decision makers and planners of all levels to make informed decisions, which can enable compatible land use development between joint land uses — military and community land uses. Federal programs and policies were evaluated in the JBSA- Randolph JLUS to assist in determining where areas of improvement could enable enhanced land use planning at the local level. Some key federal programs that were evaluated in the JBSA - Randolph JLUS process include but are not limited to the Air Installation Compatible Use Zone (AICUZ) Program and the Federal Aviation Act, specifically FAA Regulation Title 14 Part 77. For a complete description of these programs and tools, see the Background Report, Chapter 4, Existing Compatibility Tools. J13SA-Randolph Tools The JBSA - Randolph installation tools provide guidance for land uses and development activities on the installation. These tools govern land use decisions that occur inside the fence line. These tools provide guidance and establish standard operating procedures during certain events such as a bird air strike hazard (BASH) condition and / or the parameters for conducting missions within the military operating area (MCA). There are various installation tools that are instrumental in assisting and guiding land use decisions as they interface with the military mission. Some key JBSA- Randolph tools that were evaluated in the JLUS process include but are not limited to the BASH Plan and the JBSA- Randolph 2030 General Plan. However it should be noted, the 12 Flying Training Wing (FTW) does not consider the AICUZ land use recommendations as compatible with its training operations. The 12 FTW conducts approximately 200,000 flight movements annually in fighter- trainer type aircraft and the density of urban development recommended by the AICUZ substantially increases mission risk and the likelihood that people and property will be significantly impacted by an aircraft mishap. Page 23 State of Texas Tools The state tools provide further assistance and protection of land uses in the State of Texas. The tools authorize or mandate local counties and cities to provide for the protection of the State's valuable industries including the DOD and agriculture. In addition, the State's tools require communities and developers to protect and preserve the State's natural resources including land and water by establishing further regulatory measures to ensure the natural environment is preserved and protected from over - consumptive practices. Some essential State tools that were analyzed in this JLUS include but are not limited to the Joint Airport Zoning Board (JAZB) authorized by Chapter 241 of the Texas Local Government Code, the Texas Military Preparedness Commission and the Airport Compatibility Guidelines authored by the Texas Department of Transportation, Aviation Division. Texas Local Jurisdiction Planning The planning tools used by the study area jurisdictions were analyzed and categorized as permanent, semi - permanent, or conditional. In Texas, only cities may enforce traditional land use and development regulatory authority. Very few counties in Texas have limited authority to regulate land uses, i.e. Bexar County is authorized to regulate lighting in the unincorporated portions of the county. Counties are not required to adopt Comprehensive Plans; however, cities are required by state law to have a comprehensive plan and update it every five years. Texas Local Government Code provides cities and counties with authority to regulate the subdivision of land within incorporated and extraterritorial jurisdiction (ETJ) areas, including managing roads, streets, drainage, and rights -of -way. In general, land cannot be divided in Texas without local government approval. Dividing land for sale or lease is regulated by local ordinances based on the Texas Local Government Code (Chapter 212 for cities and Chapter 232 for counties). In the case of cities, the comprehensive plan, zoning, subdivision, and other ordinances govern the design of the subdivision, the size of its lots, and the types of improvements (street construction, sewer lines, Page 24 drainage facilities, etc.). Counties may only regulate subdivisions as they apply to roads, property setbacks and groundwater. There are 29 incorporated municipalities and numerous smaller, unincorporated communities within Bexar and Guadalupe Counties. While the missions conducted at JBSA- Randolph have the potential to intermittently affect different parts of the counties at one time or another, this JLUS focuses on areas of Bexar County and its incorporated cities of Converse, Garden Ridge, Live Oak, San Antonio, Schertz, Selma, and Universal City, and Guadalupe County and its incorporated cities of Cibolo and Seguin. These areas are most affected by JBSA- Randolph operations and conversely, are the areas that have the most potential to pose compatibility issues forJBSA- Randolph. Some essential local jurisdiction planning tools that were analyzed in this JLUS include but are not limited to the following: Comprehensive Plans, Unified Development Code and Zoning Ordinances and Orders, and Subdivision Regulations • Building Codes • Annexation Regulations • City of San Antonio Airport Hazard Overlay District/ Military Airport Overlay Zone • City of San Antonio Military Sound Attenuation Overlay Districts, Section 35- 339.05 • City of Schertz Airport Installation Compatible Use Zone District • City of Universal City Perpetual Clear Zone Easement and Formal Coordination Letters The local jurisdiction planning tools provide further assistance and protection of land uses in the communities proximate to JBSA- Randolph facilities. 5°1 Identification of Compatibility Issues Compatibility, in relation to military readiness, is defined as the balance or compromise between community and military needs and interests. The goal of compatibility planning is to promote an environment where both entities communicate, coordinate, and implement mutually supportive actions that allow them to achieve their respective goals and objectives. Numerous factors influence whether community and military plans, programs, and activities are compatible orinconflict. For the ]BIA'Rando|ph]LUS,24compatibility factors were evaluated to confirm the presence of, and establish priorities for, the key Study Area issues. Two of these factors, noise and vibration, were grouped together due to similar issues and strategies. 5~2 MA-Randolph Compatibility Issues by Factor Alternative Energy Development is the likelihood of development of alternative energy developments within the ]8SA-Rando|ph]LUS Study Area. Alternative energy includes wind and solar energy facilities. Any current or proposed wind or solar facilities inthe study area located in areas where low-altitude aviationopemtionscanoccurcancreatea vertical obstruction and /or visual impairment for pilots. The uncoordinated placement of these facilities can lead to incompatibilities with the JBSA-Randolph mission. The following Alternative Energy Development issue was identified: N Local ordinances do not regulate alternative energy equipment or facility siting which may pose a vertical obstruction and/or safety issue for flight operations. Anti-Terrorism / Force Protection is the protection and security of the nation's defense assets. Issues are created when national defenses can be breached or compromised, such as development close to the fence line where the public can view operational activities. It is important for the DOD andJ8SA-Rando|ph to address these issues to ensure military readiness. The following Anti-Terrorism / Force Protection issue was identified: 0 ]BSA-Randolph Eas Gate does not meet all AT/FPrequirements, which may affect security and local community traffic congestion due to the traffic throughput constraints at the gate. Communication / Coordination is the communication and collaboration between multiple agencies engaged ino common goal. For the ]BSA-Rando|ph]LUS,interagency coordination represents several challenges for both JBSA-Randolph and surrounding communities. The lack ofa coordinated approach when planning activities including proposed development and infrastructure extensions can result in incompatibilities for sustaining the JBSA-Randolph mission and growth of the surrounding communities. The lack of information sharing such as important geographic information system data used for planning and mapping can potentially result in incompatible development near the installation and ranges. The following Interagency Communication /Coordination issues were identified: 0 Local jurisdictions and the public are not clear who they should contact at JBSA-Randolph regarding specific questions, complaints or coordination, Page 25 0 There isa need for ]8SA-Rando|phtoenhance 0 The Metropolitan Planning Organization Board their coordination and notification with the local does not include ]BSA'Randu|phrepresentation. jurisdictions / public when there isan increase in a There isa lack of temporary construction and military training activities that are outside their crane operation permits within the jurisdictions typical training schedule. for the approach and departure corridor. 0 There is a need for better coordination between JBSA-Rando|ph and local jurisdictions regarding proposed development applications toachieve compatible development in support of the military mission and the positive economic impact the military brings to the community. E There isno defined ]BSA-Rando|ph response time for reviewing proposed development actions within the Universal City Perpetual Clear Zone Easement Area. E There is lack ufnotification or accurate notification to potential buyers looking to purchase property / homes within the Accident Potential or Clear Zones. n There is a lack ofnotification to potential home buyers that a military installation is located within the area which may generate noise, vibration or other impacts associated with military missions. El r"I'll LJ El Multiple agencies advocate for the preservation uf military mission and local economic development and have similar overarching goals, but lack integrated coordination reducing the potential for maximization of resource use and shared benefits. A comprehensive set of Geographic |nfunnation Systems (G|S) data depicting military mission profiles and footprints is not available to local jurisdictions and agencies. Continued coordination of the shared airspace between ]BSA-Rando|ph and San Antonio International Airport is important to ensure the safety of the pilots and the public located beneath the airspace. Despite notification from Houston Air Route Traffic Control Center, general aviation aircraft enter Military Operating Areas where military aircraft are conducting nontraditional flight maneuvers. Page 26 Dust, Smoke and Steam isaby-product generated by both military and civilian activities. Dust and smoke is not only a visibility nuisance, but can also bean air quality issue for 8exarCounty. Dust from agriculture activities located near the airfields can be incompatible with low-level flight operations and create visual impediments for pilot navigation. The following Dust, Smoke, and Steam issue was identified: 0 The refinery near Stinson Municipal Airport emits particulate into the air that can create avisibility hazard for pilots. Housing Availability is the availability of eligible and qualified housing units to military personnel and their families. While military personnel from visiting units reside on-base, mission increases will need to be coordinated with communities su that they can plan and prepare for additional housing to accommodate any growth in personnel. The following Local Housing Availability issue was identified: E As growth continues to occur within the area surrounding ]BSA-Rondo|ph, the availability of adequate housing to support the needs ofmilitary personnel maybe limited. Infrastructure Extensions represent compatibility issues fur]BSA'Rando|ph based on their proposed or planned location. Transportation routes and electrical and water infrastructure impact land uses differently based on location, magnitude of the improvements, and the resulting outcome. Infrastructure extensions tend to catalyze development in the surrounding communities. This development can create incompatibilities with )B6A-Rando|ph military operations. The following Infrastructure Extensions issues were identified: w Desire for additional sewer teatmentcapadty vvithintheCityofSchertz — southandeastof ]86A-Kando|phas well as other future plans for infrastructure improvements in surrounding communities could encourage incompatible E ]BSA-Rando|ph currently does not have a redundant water supply system and may be at risk if their existing system fails. Land /Air Space Competition is defined as multiple uses of both land and air spaces. The ]8SA'Rando|ph]LUS evaluated land and air space shared between military and civilian activities relative to commercial / civilian— general aviationopenationsintheregion. The ]B5A- Rando|phJLUS also assessed several land areas used for recreational purposes. The following Competition for Land and Air Spaces issues were identified: m The airspace that ]85A-Rando|ph uses isalready congested and concerns exist that the competition for airspace will increase due to community airport growth, expanded ]B5A-Rando|ph operations, and potential San Antonio International Airport runway improvements. E New Braunfels Regional Airport and Stinson Municipal Airport civilian flight training operations occur in the same airspace used by]BSA-Rando|ph military trainers for runway approach. 0 Proximity of other airfields to]DSA-Rando|phand ]BSA-S auxiliary runway approaches create airspace conflicts. ` military training activities by encouraging annexation practices in areas critical to the military mission. The following Land Use issues were identified: * Several local jurisdictions that have areas which are located within the airfield safety zones or noise contours do not reference or implement the A|CUZrecommendadons. * The language about A|[UZ recommendations ina few ofthe local jurisdictions zoning ordinances are not clear and may create an interpretation challenge. 0 Concern about the application of the 2011AJCUZ DOD Instructions Floor to Area Ratio (FAR) recommendation. The Floor to Area ratio recommendation was not part of the A|[UZ but it is part of the instructions. Legislative Initiatives are issues that require legislative action or amendments to ensure compatibility factors are addressed within local jurisdictions that affect orare affected by proximity toJBSA-Rando|ph. The following Legislative Initiatives issue was identified: 0 Current real estate seller disclosure forms donot contain notice informing potential buyers that military training operations occur within the area. 0 Bexar and Guadalupe Counties have limited zoning and subdivision authority, which restricts the enforcement of compatible development. Light and Glare can be generated by both military and civilian uses. Light and glare can be generated from certain construction materials during the daytime when sunlight reflects off the structure. This can create visual impairments for pilots flying at low altitudes. Certain types of alternative energy development can create glare for pilots in training' posing safety hazard to the pilot and the aircraft. The following Light and Glare issues were identified: 0 Commercial and retail development, particularly outdoor retail and commercial activities that require additional lighting, may impact flight operations at]BSA-Kando|ph. w Rooftop- or ground-mounted solar panels without anti-reflective coating can create glare. m Directed light from unregulated and unconventional sources, ie, laser scope for paint Page 27 ball shooting accuracy, can be hazardous to pilots improvements are completed and flight and cause temporary blinding. operations resume. A lack of consistency in controlling light sources, glare, and general ambient light may result in an unsuitable night training environment for flying training operations. Noise and Vibration are the result of both military training exercises and construction and development activities. These factors can be incompatible with sensitive land uses. Noise that is loud and extending into night hours can disrupt the lives of the public. Vibration can disrupt daily living activities and in extreme cases cause structural damage. The JLUS strives to balance community quality of life with mission operations and readiness. The following Noise and Vibration issues were identified: El Ll The military flight operations that occur at JBSA- Randolph, JBSA -S, and Stinson Municipal Airport produce noise that is heard outside the boundaries of the installations. Local jurisdiction's building codes do not require sound attenuation per the Federal Aviation Administration / Department Of Defense guidance. JBSA - Randolph and San Antonio International Airport flight patterns may be redirected due to weather or congestion which may lead to noise complaints sent to JBSA- Randolph that were actually caused by aircraft from the commercial airport. General concern that JBSA - Randolph cannot forecast future mission requirements, i.e., larger aircraft, which may generate a larger noise footprint and increase noise complaints from the community since many people are not aware that a change in a flying mission may impact the amount of aircraft noise they may hear. JBSA - Randolph may expand maintenance depot activities and night operations that could include engine run -up exercises on test cells which may generate an increase in noise complaints. Concern that noise complaints may increase at JBSA -S Auxiliary Airfield after the runway Page 28 Vibration complaints are an issue in the cities of Schertz and Universal City. Roadway Capacity can create incompatibilities between military operations and civilian activities due to limited roadway capacity. Roadway Capacity was evaluated for coordination of improved public roadways to meet the needs of both military and civilian uses. The following Roadway Capacity issue was identified: Mass transit is limited around JBSA- Randolph due to the suburban nature of the area. Road network near JBSA- Randolph is congested with frequent wait times / delays during peak use hours; this affects JBSA- Randolph and local communities. Potential retail development along FM -3009 (Roy Richard Drive) and Interstate 35 in the city of Schertz may result in increased local traffic. Current Union Pacific rail operations supporting the natural gas extraction industry temporarily halt thru- traffic on State Highway 218 (Pat Booker Road) causing periodic vehicle stacking near JBSA- Randolph. Thirty to forty commercial deliveries / trucks queue along Old Seguin Road to enter JBSA- Randolph through the South Gate and impact local roadway congestion. Existing interstate infrastructure is at capacity, which results in regional traffic congestion and impacts daily workforce commuters to and from JBSA- Randolph. Safety issues are generated by both military and civilian land uses. Safety concerns relevant to military operations include development (i.e. even the stacking of hay bales and other such commodities) near or adjacent to the runway in areas where development is strongly discouraged such as the Clear Zone. Safety issues are also evaluated based on the land uses located near active runways, such as water features, that can attract birds and wildlife to this critical aviation area where low -speed low- altitude aircraft perform operations. The following Safety issues were identified: There are existing land uses and proposed developments within the airfield safety zones around JBSA - Randolph that are incompatible. A portion of existing development within the JBSA- Seguin airfield safety zones is incompatible due to the type of land use and / or density. A portion of existing development near Stinson Municipal Airport is nonconforming due to buildings or structures located in runway protection zones. There are no policies or regulations that deal with land uses that may pose Bird /Wildlife Aircraft Strike Hazard risks near JBSA-Randolph and JBSA- Seguin. Any development that occurs within the CZ and is not part of the CZ easement will be incompatible per DOD AICUZ instructions. San Antonio International Airport's aging radar equipment services all local airfields, but requires routine repairs and lacks a backup and redundancy system. Current ordinances do not adequately regulate building heights in conjunction with FAA Imaginary Surfaces height recommendations. Though local zoning ordinances do not consider adjustments for site elevations that are higher than the existing airfield elevation at JBSA- Randolph for wireless communication tower permits, telecom contractors coordinate directly with the FAA regarding height restrictions and lighting and a statement from JBSA- Randolph must be provided that the proposed communication use will not interfere with flight operations prior to approaching local municipalities to install or upgrade cell towers. Allowing each new vertical structure / equipment application to construct an individual tower results in crowded airspace. Above ground utility poles are located in JBSA- Randolph runway approach and departure flight corridors and may be a vertical obstruction to flight operations and pose a safety risk. Water Quality and Quantity is the factor that assesses the quantity and quality of water resources in the JBSA - Randolph JLUS Study Area. This factor evaluates the amount of water that is utilized by the installation relative to the available supply of water and then compares that with the demand and supply that is utilized by the surrounding communities to provide for the necessary public services. In addition to evaluating the water supply, this factor also reviews the overall quality of public water use in the JLUS Study Area. Water quality can be affected by military operations, public recreation use and stormwater drainage. The following Water Quality and Quantity issues have been identified: Edwards Aquifer provides the majority of local water supply and future supplies could be constrained by various demands. Current and future regional water quantity and availability are major concerns. The City of Converse may face additional storm water runoff from the JBSA - Randolph runway if additional paving is installed. Please see the next page. Page 30 6.1 Implementation This section identifies and organizes the recommended actions (strategies) developed through a collaborative effort between representatives of local jurisdictions, JBSA- Randolph (JBSA - Randolph), state and federal agencies, local organizations, the general public and other stakeholders that own or manage land or resources in the region. Because the JBSA- Randolph JLUS is the result of a collaborative planning process, the recommendations in this section represent a true consensus plan; a realistic and coordinated approach to compatibility planning developed with the support of stakeholders involved throughout the process. JLUS strategies incorporate a variety of actions that can be implemented to promote compatible land use and resource planning. Upon implementation, existing and potential compatibility issues arising from the civilian / military interface can be removed or significantly mitigated. As such, the recommended strategies function as the heart of the JLUS document and are the culmination of the planning process. The recommended strategies for JBSA - Randolph JLUS have been tailored to consider the unique flight operations and associated risk factors including Bird / Wildlife Aircraft Strike Hazards (BASH) specific to JBSA -R and to assist the installation and surrounding counties and cities with informed development decisions that protect the aviation mission and growth capability of communities while protecting the public health, safety, and welfare. The JBSA- Randolph mission is unique within the Air Force due to its high volume of pilot training aircraft operations, making the installation control towers the busiest in the Air Force. Due to weather factors and pre- existing high- density development north of JBSA- Randolph, approximately 70 -80% of these operations are conducted to the south. The 12th Flying Training Wing conducts over 26,000 sorties annually, including more than 212,000 local takeoffs and landing traffic pattern operations in 2014. In particular, the 12th Flying Training Wing conducted over 115,000 takeoffs and landings on the west runway in 2014 alone with the high - performance T -6 Texan trainer as the primary aircraft accounting for these operations. Due to the requirement to deconflict operations from the east parallel runway, departing aircraft must fly a course heading of 160 degrees to the west of the APZs. However, on every takeoff, there is a 30 second window in which a pilot's only safe option is to eject in the case of an engine failure. In this circumstance, the probability that the aircraft will land in the APZs is high. The T -38 Talon is a dual- engine fighter- trainer aircraft that operates from the east runway. There is a significantly more acute risk of an accident occurring with this aircraft during traffic pattern operations due the higher speeds and weight of the T -38 compared to the T -6. The 2008 Air Installation Compatible Use Zone (AICUZ) study indicates that 80 percent of all aircraft mishaps that occur within 10 nautical miles involve fighter- trainer type aircraft. A safety risk assessment conducted by the 12th Flying Training Wing concluded that the development recommendations made by the 2000 and 2008 Air Installation Compatible Use Zone Study (AICUZ) are not sufficiently restrictive to protect the community from the risks involved in high - volume trainer operations and that high - volume trainer operations flown by the 12th Flying Training Wing's 145 T -38, T -6, and T -1 aircraft are not compatible with urban environments. Page 31 Bird / Wildlife Aircraft Strike Hazards present a significant threat to aircraft safety. In particular, there is a significant year -round bird strike risk caused by thousands of migratory and resident white - winged doves that transit JBSA- Randolph's east runway on a daily basis. These birds have become a major problem for JBSA- Randolph and significant resources have been invested to modify the habitat on Base. Unique to Randolph, aircraft operating at this location frequently strike these birds on takeoff which results in a much greater hazard to development in the southern APZs. The bird strike risk is heightened because T -38 engines are highly susceptible to engine loss due to bird ingestion. Due to risk profile associated with the aircraft operations and BASH at JBSA- Randolph, the 12th Flying Training Wing has recommended restrictions on development: Urban development within southern APZ I of either the west or east runway is not compatible. Residential development of 1 house per 10 acres in a non - linear arrangement within southern APZ II of the west runway is compatible. Residential development of 1 house per 20 acres within southern APZ II of the west runway is compatible. Other uses in accordance with AICUZ criteria may be compatible. Residential development within the 65 decibel noise contour is not compatible. Residential construction in these zones presents the possibility of future training restrictions due to the sustained impact of noise on residents. These collective factors and recommended development restrictions are critical considerations that have influenced the unique nature of the recommended strategies as they apply to the JBSA -R JLUS. Page 32 The key to the implementation of the strategies is the establishment of the JLUS Implementation Task Force to oversee the JLUS execution. Through this Task Force, local jurisdictions, JBSA- Randolph, and other interested parties can continue their initial work together to establish procedures, recommend or refine specific actions for member agencies, and make adjustments to strategies over time to ensure the JLUS continues to resolve key compatibility issues through realistic strategies and implementation. Implementation I an Guideli The key to a successful plan is balancing the different needs of all involved stakeholders. Several guidelines formed the basis upon which the strategies were developed: In concert with the Texas state laws, the Implementation Plan was developed with the understanding that the recommended strategies must not result in a taking of property value. In some cases, the recommended strategies can only be implemented with new enabling legislation. In order to minimize regulation, where appropriate, strategies were recommended only for specific geographic areas to resolve the compatibility issue. Similar to other planning processes that include numerous stakeholders, the challenge is to create a solution or strategy that meets the needs of all parties. In lieu of eliminating strategies that do not have 100 percent buy -in from all stakeholders, it was determined that the solution / strategy may result in the creation of multiple strategies that address the same issue but tailored to individual circumstances. Military c Areas JBSA-Randolph In compatibility planning, the term "Military Influence JBSA- Randolph Military Influence Area Area" (MIA) is used to formally designate a geographic Overlay District area where military operations may impact local communities, and conversely, where local activities may affect the military's ability to conduct its mission. An MIA is designated to accomplish the following: 1. Promote an orderly transition between community and military land uses so that land uses remain compatible. 2. Protect public health, safety, and welfare. 3. Maintain operational capabilities of military installations and areas. 4. Promote an awareness of the size and scope of military training areas to protect areas separate from the actual military installation (i.e., critical air space) used for training purposes. 5. Establish compatibility requirements within the designated area, such as requirements for sound attenuation and avigation easements. An MIA delineates a geographic area where strategies are recommended to support compatibility planning and JLUS goals and objectives. The MIAs are where the majority of the recommended strategies apply. The proposed JBSA - Randolph, JBSA- Seguin, and Stinson Municipal Airport (Stinson) Military Influence Area Overlay Districts ( MIAOD) are areas that incorporate all MIAs and Subzones. To better reflect the area of interest and focus implementation, several MIAs are further divided into subzones. The MIAOD and its subzones including the Controlled Compatible Land Use Area for JBSA- Seguin (CCLUA) are used to define the geographic areas where policies and regulations will be developed and applied to implement the JLUS strategies. This technique ensures the strategies are applied to the appropriate areas, and that locations deemed not subject to a specific compatibility issue are not adversely impacted by regulations inappropriate for their location or circumstance. The JBSA- Randolph MIAOD is a proposed geographic area where strategies associated with each JBSA- Randolph MIA subzone apply. Figure 6.1 illustrates the overall MIAOD with all of the subzones. Figure 6.2 illustrates the MIAOD and areas comprising the BASH and Vertical Obstruction Subzones. Figure 6.3 illustrates the Safety and Noise Subzones encompassed within the MIAOD geographic area. ,JBSA- Randolph Military Influence Area Subzones The four MIA subzones identified for JBSA - Randolph are shown on Figures 6.1, 6.2 and 6.3 and described on the following pages: • Bird Air Strike Hazard (BASH) MIA Subzone • Vertical Obstruction MIA Subzone • Safety MIA Subzone • Noise MIA Subzone BASH Military Influence Area Subzone The BASH MIA subzone is characterized by areas that could be affected by bird and wildlife strikes due to low -level flight operations. These operations can impact community activities and conversely, community activities could adversely affect operations in this area if not coordinated with JBSA -R. The BASH MIA subzone is illustrated in Figure 6.2. The BASH subzone represents a 5 -mile statistical relevancy area from the center of the runway recommended by the Federal Aviation Administration (FAA). Land uses in this area may be subject to additional regulations to prevent attractants of birds and wildlife that could increase the risk of safety to pilots and aircraft flying at lower speeds and altitudes. Vertical Obstruction Military Influence Area Subzone The Vertical Obstruction MIA subzone includes both the imaginary surfaces and FAA Part 77 guidance for determining vertical obstructions illustrated on Figure 6.2. This combined guidance serves to protect important flight areas for aircraft that operate out of JBSA- Randolph. Within this MIA subzone, strategies address various height restrictions to avoid vertical obstructions. 500 -Foot Vertical Clearance The 500 -foot clearance zone is characterized by the vertical limits of the most expansive imaginary surface — the approach and departure clearance surface, illustrated on Figure 6.2. In this surface, for every 50 horizontal feet extending from the end of runway, development can extend one vertical foot up to 500 feet. Land uses should be coordinated with JBSA- Randolph to ensure safety to the public and pilots is of highest priority. Safety Military Influence Area Subzone The Safety MIA Subzone addresses areas that could be affected by low -speed and low- altitude aircraft associated with military training operations. As described in Chapter 3 of the Background Report, the safety zones include the Clear Zone and Accident Potential Zones I and II. These areas are characterized by a high risk for aircraft collisions due to location and types of aviation operations that occur. The size and location of these areas are illustrated in Figure 6.3. New development located within this MIA subzone may be subject to lower densities and potentially other regulations to control attractants for birds and other wildlife. Noise Military Influence Area Subzone The Noise MIA subzone includes all land located off installation within the 65 dB noise contour for JBSA -R. Other noise contours represent subzones for which residential development and other noise sensitive land uses within this MIA subzone may be subject to sound attenuation measures to reduce noise impacts. Figure 6.3 illustrates the Noise MIA subzone. Page 34 Guadalupe County Legend _. _ MIAOD Vertical Obstruction Subzone Nose Subzone JBSA Randolph Boundary FAA Part 77 Airfield Imaginary Surface 65 dB Perpetual CZ 5 -mile BASH 1= Up to 200' @ 3NM Approach /Departure Clearance 70 dB Easement rMRelevancy Area CM Up to 300'@ 4NM Surface Subzone (horizontal) 500 ft IV Runway Centerline Subzone Inner Horizontal Surface 75 dB Safety Subzone Up to 400'@ 5NM Subzone = 150 ft 80 dB Interstate / Highway Clear Zone Up to 500' @ 6NM 117M Conical Surface Regional Cities Road APZi Airfield Imaginary Surface Subzone = 20 ft to 1 ft J�US Partners Railroad APZ 11 Primary Surface Subzone Outer Horizontal Surface Subzone = 500 ft City / Community River Approach /Departure Clearance Surface Subzone (glide angle) Transitional Surface Subzone = 7fY to 1 ft - Bexar and Guadalupe a = 50ftto1 ftupto500ft t_�J County Boundaries 0 1 2 tiumwm== Mlles Sources: FAA, 2013; JBSA - Randolph, 2013 Page 35 t Legena MIAOD Boundary Vertical Obstruction Subzone Regional Cities Interstate / Highway FAA Part 77 Airfield Imaginary Surface 5-mile BASH �Wmm Relevancy Area Up to 200' @3NM Approach /Departure Clearance JLUS Partners mm 11 Road Subzone Up to 300' @ 4NM Surface Subzone (horizontal) = 500 ft City / Community 1A\1 Railroad Up to 400'@ 5NM Inner Horizontal Surface Subzone = 150 It — Bexar and Guadalupe County Boundaries River Up to 500'@ 6NM Conical Surface Subzone = 20 ft tot ft JBSA - Randolph Airfield Imaginary Surface Outer Horizontal Surface Perpetual CZ 'dz Easement a Primary Surface Subzone Subzone = 500 It Approach/Departure Clearance Transitional Surface ^� Runway Centerline Surface Subzone (glide angle) NINE" Subzone = 7ft to 1 ft O 1 2 Sources FAA, 2013, J88A- Rando1ph 2013 = 50 It to 1 it up to 500 ft. mmmww== Milers Page 36 Page 37 JBSA- Seguin Military Influence Area Overlay District The JBSA- Seguin MIAOD is a proposed geographic area where strategies associated with each JBSA - Seguin MIA subzone apply. Figure 7.1 illustrates the overall MIAOD with all of the subzones. Figure 7.2 illustrates the MIAOD and areas comprising the BASH and Vertical Obstruction Subzones. Figure 7.3 illustrates the CCLUA, Safety. And Noise Subzones encompassed within the MIAOD geographic area for JBSA-Seguin airfield. The four MIA subzones and Controlled Compatible Land Use Area (CCLUA) for JBSA- Seguin are identified below, and shown and described on the following pages: • BASH MIA Subzone • Vertical Obstruction MIA Subzone • Controlled Compatible Land Use Area Subzone • Safety MIA Subzone • Noise MIA Subzone BASH Military Influence Area Subzone The BASH MIA subzone is characterized by areas that could be affected by bird and wildlife strikes due to low -level flight operations. The BASH MIA Subzone illustrated in Figure 7.2 represents a 5 -mile statistical relevancy area from the center of the runway around the JBSA- Seguin airfield prescribed by the FAA. Certain land uses in this area may be subject to additional regulations to prevent attractants of birds and wildlife that could increase the risk of safety to pilots and aircraft flying at lower speeds and altitudes. Vertical Obstruction Military Influence Area Subzone The Vertical Obstruction MIA Subzone includes both the imaginary surfaces and FAA Part 77 guidance for determining vertical obstructions illustrated on Figure 7.2. This combined guidance serves to protect important flight areas for aircraft that operate out of JBSA -S. Within this MIA Subzone, strategies address various height restrictions to avoid vertical obstructions. 500 -Foot Vertical Clearance The 500 -foot clearance zone is characterized by the vertical limits of the most expansive imaginary surface — the approach and departure clearance surface, illustrated on Figure 7.2. In this surface, for every 50 horizontal feet extending from the end of runway, development can extend one vertical foot up to 500 feet. Controlled Compatible Land Use Area Subzone The CCLUA boundary around JBSA- Seguin is the MIA Subzone that would allow for airfield zoning coordination and would give land use authority to an established Joint Airport Zoning Board (JAZB), pursuant to Texas Local Government Code, Section 241.014. This MIA Subzone defines an area for the JAZB to regulate and adopt airport zoning regulations for lower densities and height restrictions, including areas within the Safety and Noise Subzones, and within the unincorporated portion of Guadalupe County since the county does not have land use authority. The CCLUA boundaries for JBSA- Seguin are shown on Figure 7.3. Noise Military Influence Area Subzone The Noise MIA Subzone includes all land located off installation within the 65 dB noise contour for JBSA- Seguin. Other noise contours represent subzones for which noise sensitive land uses within this MIA subzone may be subject to sound attenuation measures to reduce noise impacts. Figure 7.3 illustrates the Noise MIA Subzone. Safety Military Influence Area Subzone The Safety MIA Subzone addresses areas that could be affected by low -speed and low- altitude aircraft associated with military training operations. As described in Chapter 3 of the Background Report, the safety zones include the Clear Zone and Accident Potential Zones I and II. These areas are characterized by a high risk for aircraft collisions due to location and types of aviation operations that occur. The size and location of these areas are indicated in Figure 7.3. Although development proximate to JBSA- Seguin is minimal, any new development located within this MIA subzone may be subject to lower densities and potentially other regulations. Gonzales Guadalupe J/ C o a n t y County Legend L MOD Boundary Vertical Obstruction Subzone Noise Subzone JBSA - Seguin _j 5-mile BASH FAA Part 77 Airfield Imaginary Surface 65 dB 0 Auxiliary Airfield Relevancy Area Subzone Up to 200' @ 3NM Approach/Departure Clearance /o/ 70 dB Runway Centerline Up to 300'@ 4NM Surface Subzone (horizontal) 500 ft 75 dB Interstate / Highway Controlled Compatible Land Use Area Up to 400' @ 5NM Inner Horizontal Surface Subzone = 150 ft /N/ 80 dB Road Subzone Safety Subzone Up to 500'@ 6NM Conical Surface 1XII Regional Cities Railroad Airfield Imaginary Surface Subzone = 20 ft to 1 ft JLUS Partners River Clear Zone Primary Surface Subzone Outer Horizontal Surface Subzone = 500 ft Seguin APZ I Approach/Departure Clearance Surface Subzone Transitional Surface Guadalupe County APZ 11 (glide angle) k1t111111 Subzone = 7ft to 1 ft Boundary 50 ft to 1 ft up to 500 ft 0 1 2 mmmmmr=== Miles Sources: FAA, 2013; JBSA-Randolph, 2013. Page 39 1 Gonzales Guadalupe Coun t y County Legend MOD Boundary Vertical Obstruction Subzone Regional Cities Railroad 5-mile BASH FAA Part 77 Airfield Imaginary Surface JLUS Partners River Relevancy Area Up to 200' @ 3NM Approach/Departure Clearance —1 Se uin E"— g Subzone Up to 300' @ 4NM Surface Subzone (horizontal) 500 ft Guadalupe County Up to 400'@ 5NM Inner Horizontal Surface Subzone = 150 ft Boundary Up to 500'@ 6NM Conical Surface JBSA - Seguin Auxiliary Airfield Airfield Imaginary Surface Subzone = 20 ft to 1 ft Outer Horizontal Surface Runway Centerline Primary Surface Subzone Subzone = 500 ft Interstate / Highway Approach/Departure Clearance Surface Subzone (glide angle) Sd Transitional Surface Road = 50ftto 1 ftupto 500 ft Subzone— 7ft to 1 ft 0 1 2 mmmmmow_---_� Miles Sources: FAA, 2013; JBSA-Randolph, 2013. Page 40 Page 41 Stinson Municipal Airport Military Influence Area Overlay District The Stinson MIAOD is a proposed geographic area where strategies associated with each Stinson MIA subzone apply. Figure 8.1 illustrates the overall MIAOD, which is designed to reflect the area comprising all the MIA subzones for Stinson Municipal Airport. Figure 8.2 provides an inset of the Safety and Noise Subzones surrounding the airport. Stinson Municipal Airport Military Influence Area Subzones The four MIA subzones for Stinson are shown in Figure 8.1 and described on the following pages: BASH MIA Subzone Vertical Obstruction MIA Subzone Safety MIA Subzone Noise MIA Subzone BASH Military Influence Area Subzone The BASH MIA subzone is characterized by areas that could be affected by bird and wildlife strikes due to low -level flight operations. The BASH MIA subzone illustrated on Figure 8.1 represents a 5 -mile statistical relevancy area from the center of the runway around Stinson. Certain land uses in this area may be subject to additional regulations to prevent attractants of birds and wildlife that could increase the risk of safety to pilots and aircraft flying at lower speeds and altitudes. Vertical Obstruction Military Influence Area Subzone The FAA Part 77 Vertical Obstruction MIA subzone serves to protect important flight areas for aviation operations associated with Stinson. Within this MIA subzone, strategies address height restrictions to avoid vertical obstructions. The Vertical Obstruction MIA subzone for Stinson is depicted on Figure 8.1. Safety Military Influence Area Subzone The Safety MIA subzone addresses areas that could be affected by low -speed and low- altitude aircraft associated with military training operations. Safety zones for civilian airports include Object Free Areas, Runway Protection Zones, Runway Safety Areas and Page 42 Obstacle Free Zones. These areas are characterized by a high risk for aircraft collisions due to location and types of aviation operations that occur. The size and location of the Stinson Runway Protection Zones are illustrated in Figures 8.1 and 8.2. Noise Military Influence Area Subzone The Noise MIA subzone includes all land located off installation within the 60 dB noise contour for Stinson. Other noise contours represent subzones for which residential development and other noise sensitive land uses within this MIA subzone may be subject to sound attenuation measures to reduce noise impacts. Figures 8.1 and 8.2 illustrate the 60 dB Noise MIA subzone. Page 43 Page 44 6.2 How to Read the Geographic Area. This column indicates the applicable Implementation Plan Military Influence Area (MIA), if the strategy relates to an area outside JBSA -R. Additional details on MIAs are Drovided under the previous "Influence Areas" section. The strategies developed were designed to address the issues identified during preparation of the JLUS. The purpose of each strategy is to: 1. Avoid future actions, operations, or approvals that would cause a compatibility issue, 2. Eliminate an existing compatibility issue, 3. Reduce the adversity of an existing issue, or 4. Provide for on -going communications and collaboration. To make the strategies easier to use, they are presented in a table format that provides the strategy and information on when and how that strategy will be implemented. Figure 9 highlights the format and content of the strategy table, and the following paragraphs provide an overview of how to read the information presented within each strategy. Issue #. The issue # is an alpha- numeric number that provides a unique reference for each specific issue and strategy. Type of Strategy. This column identifies the type of strategy being recommended. The column contains one of the following acronyms to represent the tool type: Acq Acquisition CIP Capital Improvement Program Comm Communication and Coordination Disc Real Estate Disclosures Hab Habitat Conservation Tools Leg Legislative Tools IA Military Influence Area MOA Memorandum of Agreement MOU Memorandum of Understanding Plans General / Comprehensive / Master / Hazard /Airport Plans Zon Zoning Ordinance / Subdivision Regulations Strategy. In bold type is a title that describes the strategy. This is followed by the complete strategy statement that describes the action needed. Timefrome. This column indicates the projected timeframe of each strategy. The timeframes are described below: 2015 Strategy to be initiated by 2015 (within 2 -2 years of JLUS completion) 2017 Strategy to be initiated by 2017 (3 to 5 years from JLUS completion) On -Going An on -going implementation action Responsible Warty. At the right end of the strategy table are a series of columns, one for each jurisdiction, military entity, agency, and organization with responsibility for implementing the JLUS strategies. If an entity has responsibility relative to implementing a strategy, a mark is shown under their name. This mark is one of two symbols that represent their role. A solid square ( ■) designates that the entity identified is responsible for implementing the strategy. A hollow square (❑) designates that the entity plays a key supporting role, but is not directly responsible for implementation. The responsible parties are identified by their assigned acronym in the heading at the top of each page. JBSA Joint Base San Antonio CPS /SAWS City Public Service Energy/ San Antonio Water System FAA Federal Aviation Administration RECSA Real Estate Council of San Antonio SABOR San Antonio Board of Realtors TXDOT Texas Department of Transportation Page 45 BE Iffffm AE -1 Zon Vertical Amend Unified Development 2015 in N in ■ ■ ■ Obs Codes and Zoning ordinances MIA to Establish Height Limits for Alternative Energy Development Structures. Unified Development Codes and zoning ordinances need to require height restrictions for t energy development structures within the vertical obstruction MIA, Ordinances should also be amended to require review and coordination by Air Force prior to issuing permit for all commercial alternative energy developments in the study area: Issue i Type of Militaay Influenoa Area: Strategy. Tirneframe. , Responsible Party: The primary and partner Strategy Strategy: Where each strategy Description The expected responsible, agencies. For example, the a Number. - An applies. For example if of the initiation date denotes the primary agency who will take the Alpha- abbreviated only MIA is indicated then strategy. for strategy s lead in implementation. The C denotes partner numeric description i that strategy only applies to f implementation ii agency who will assist the primary agency in identifier of the type ' areas within the M lK g_ implementation, used for of strategy 6 reference: r` used. Figure 9. JBSA-R Strategy Key Page 46 Page 47 JBSA- Randolph JLUS Strategies .p d A AE -1 Zon JBSA -R Amend Unified 2015 ■ ■ ■ ■ ■ ■ ■ JBSA -S Development Codes Stinson and Zoning Vertical Ordinances to Obs Establish Height MIAOD Limits, and Siting for Subzone Alternative Energy Development Structures. In an effort to be proactive, amend unified development codes and zoning ordinances to regulate the height and siting of residential and commercial wind energy turbines to prevent interference with the safety of aviation within both the Vertical Obstruction MIAOD Subzones AE -2 Comm JBSA -R Educate Utility 2015 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ JBSA -S Companies and Stinson Encourage Them to Vertical Adopt Non - Reflective Obs Solar Panel Criteria. MIAOD Educate utility Subzone companies on the importance of non - reflective solar panels and encourage them to adopt criteria for use within the Vertical Obstruction Military Overlay District. Page 47 AE -2 (cont'd) Other Partners: CPS Energy, GVEC AE -3 Plans/ JBSA -R Coordinate with DoD 2015/ ❑ 1 3 0 1 1 1 1 1 3 1 1 1 1 ■ Ell] ❑ Zon/ JBSA -S Siting Clearinghouse. On- MOA Stinson Update going Vertical comprehensive Obs plans to include MOD policies and amend Subzone Unified Development Codes (UDCs) and zoning ordinances to require all proposed alternative energy development projects be submitted to the DOD Siting Clearinghouse to review each project for mission compatibility. Include coordination with DOD Siting Clearinghouse as part of the MOA between JBSA and stakeholders. Note: The DOD Siting Clearinghouse requirements and standards published in Title 32, Code of Federal Regulations, Part 211 shall advise and guide the process to facilitate the early submission of renewable energy project proposals to the Clearinghouse for military mission compatible review. Page 48 Page 49 AT -3 Plans/ JBSA -R FM 78 JBSA CIPs MIAOD Randolph East Gate Intersection Improvements JBSA should coordinate with TXDOT and plan, budgetand construct dedicated turn lane from western FM 78 into East Gate and restriping of center turn lane from eastern FM 78 into East Gate entrance. Other Partners: Alamo Area Metropolitan Planning Oraanization (MPO) COM -1 MCA JBSA -R JBSA -S Stinson MIAOD �F 0MM 0■0■0■M■0■M JBSA Representative 2015 ❑ to Attend City Council, Planning Commission, County Commissioners Court and other Agency Board Meetings to Provide Comments on Mission Compatibility Concerns for Proposed Developments In an effort to continue a collaborative partnership, include in the MCA between stakeholders and JBSA that JBSA MMMMMMM" 0 0 COM -1 agrees to provide a (cont'd) representative to attend and comment on mission compatibility issues on proposed developments at City Council, Planning Commission, County Commissioner Court and other agency board meetings. Note: The JBSA representative will provide technical information on items being considered, but shall not directly vote to approve, conditionally approve, or deny a project or development application. Other Partners: Alamo Area MPO, Bexar Regional Watershed Management (BRWM), San Antonio River Authority (SARA) COM -2 MOA JBSA -R Stakeholders to JBSA -S Provide JBSA an Stinson Opportunity to MIAOD Review and Comment on Proposed Developments within the MIAOD In an effort to continue a collaborative partnership, include r�'�0��00000000��� Page 51 COM -2 in the MOA between (cont'd) stakeholders and J BSA that the stakeholders agree to inform JBSA of any proposed developments within the MIAOD, and JBSA will provide comments regarding mission compatibility concerns, within an agreed upon and reasonable timeframe. This will include: • Provide technical input and assistance to local jurisdictions to support discussion of projects and potential compatibility issues • Definition of project types that require review • Identification of the Points of Contact for all coordination • Identify opportunities for appropriate JBSA personnel to participate in pre - application meetings for significant Page 52 Page 53 COM-2 and procedures for (cont'd) receiving notices and review opportunities on significant regional projects. Other Partners: Alamo Area MPO, BRWM, SARA COM-3 Plan Study JBSA to Develop a 2015 ■ MOA Area Stakeholders' Communications Protocol Plan and a Community Communications Portal JBSA should develop both an internal and external stakeholders' communications protocol plan to manage external communications with the public, civic and business leaders, and other groups. ■ Develop a Stakeholder Communications Protocol Plan that identifies who stakeholders at all technical and leadership levels should call for questions and coordination. • Plan should include frequently called numbers and Page 54 Page 55 ® .a a a ® • ® .o so .o • s o • m a COM -3 poi nts -of- m® (cont'd) contact • Develop a JBSA Community Communications Portal that includes a JBSA portal phone number and email that acts as a clearinghouse for all incoming community questions • Incorporate the Stakeholders' Communication Plan into the MOA between JBSA and stakeholders • Add "Who -to- Call" Lists to the websites for topic matters that would be useful to the public Other Partners: Alamo Area MPO, BRWM, SARA COM -4 Comm Study JBSA to Enhance 2015 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ Area Notifications to the Public for Training that Occurs Outside the Routine Schedule and Other Current Event News Relevant to Communities JBSA should enhance notification techniques and measures about Page 55 COM -4 training events that (cont'd) occur outside or in addition to the normal training schedule and other current events that are relevant to the citizens. Include a point of contact in all notifications. Notification techniques should include but not be limited to: • JBSA Facebook/ Twitter • Public Service Announcements • JBSA newspaper and other local newspapers • Jurisdictions Public Affairs Office • Links from jurisdiction websites to the JBSA website • Group Email Blast to jurisdiction's elected and appointed officials and public safety officers COM -S Comm Study Enhance Visibility of 2015 ■ Area the 12th FTW Community Engagement Office. The 12th FTW should enhance the visibility of the Page 56 Page 57 ® .a a a ® • ® .o so .o • s o • m a COM -S Community m® (cont'd) Engagement Office to include but not limited to: • Post the contact information and building location on the main JBSA - Randolph website • Outreach to adjacent and proximate communities with the contact information for the office • Provide regular updates to community officials and staff • Respond in a timely manner in the events of complaints, etc. COM -6 Zon JBSA -R Amend the Perpetual 2017 ■ ■ Safety Clear Zone Easement MOD To Define a JBSA Subzone Response Time For Proposed Development Application Reviews JBSA -R and the City of Universal City should amend the Easement to incorporate a reasonable response time from the Air Force to enable efficient use of resources and maintain consistency with mandated Page 57 COM -6 (cont'd) timeframes for the development review process. COM -7 Comm JBSA -R Response Time from 2015 ■ ■ ■ ■ ■ ■ ■ ■ ■ JBSA -S JBSA Stinson The cities, counties MIAODs and JBSA should work together to delineate a reasonable amount of time for JBSA to respond to development applications and other such planning matters. {See Strategy COM -21 COM -8 Comm Study Establish a JBSA -R 2015 ❑ 0 0 0 0 0 ■ 0 0 0 0 0 0 Area JLUS Implementation Task Force Formalize through a resolution that the JLUS -R Executive and Advisory Committees will transition to a JLUS Implementation Task Force and Sub Committee respectfully, and be responsible for monitoring the implementation of the recommended JLUS strategies and act as a forum for continued communication and sharing of information and current events associated with military Page 58 Page 59 ® .a a a ® • ® .o so .o • s o • m a COM -8 compatibility. m® (cont'd) Note: This may be achieved through existing collaborative efforts, such as the JBSA Community Partnership. COM -9 Comm Study Plan and Facilitate a 2015 ❑ 0 0 0 0 0 ■ 1111 Area Visioning Session for Multiple Military Advocacy Organizations. Bexar County should plan and facilitate a visioning session among all the organizations in the JBSA metrocom area that have similar missions and common goals to determine where efficiencies can be realized, resources can be optimized and advocate with a one -voice approach while preventing competing missions. Other Partners: Alamo Area Council of Governments (AACOG), Tri- County Chamber of Commerce, San Antonio Chamber of Commerce, Northeast Partnership (NEP), Schertz Chamber of Commerce, JBSA Community Partnership Page 59 COM -10 MOA Region Develop 2015 ❑ 0 0 0 0 0 ■ 1111 Wide Memorandum of Agreement (MOA) for Multiple Military Advocacy Agencies The County should work with JBSA to determine needs for advocacy of military - related matters. Then County should develop a MCA with the cities and other advocacy agencies AACOG and NEP delineating points - of- contacts and protocols for communication methods of contact, identification of appropriate agency for certain matters, and an action plan for managing and aligning multiple advocacy agencies in the Bexar and Guadalupe Counties. Other Partners: AACOG, Tri- County Chamber of Commerce, San Antonio Chamber of Commerce, NEP, Schertz Chamber of Commerce, JBSA Community Partnership Page 61 ® .a a a m m �® • so .a • s o • m a ® COM -11 Comm Study Create and Maintain 2015 ❑ ■ ❑ ❑ ❑ ❑ m® ❑ ❑ a® ❑ ❑ ❑ ❑ ❑ Area / a Regional Portal GIS County- Information wide Clearinghouse for Collecting and Distributing Updated GIS Layers / Maps Related to Military Operations Currently, the City of San Antonio has a grant with the OEA to determine and identify an agency that could serve as the Regional Clearinghouse that can provide a portal to all JLUS stakeholders that would house as well as make available GIS layers and maps related to military operations. JBSA would be responsible for providing a comprehensive set of GIS layers for all military to the clearinghouse. The clearinghouse would be responsible for distributing all updated military operation GIS layers and maps to the partnering jurisdictions and stakeholder agencies to enable enhanced long -range compatibility Page 61 COM -11 planning. A protocol (cont'd) for accessing and updating the information should be developed to ensure accuracy and appropriate security measures are established. /A/Awv, /Alamo /Area MPO, BRWM, SARA COM -12 Comm Study Randolph Tower 2015 ■ ❑ Area (RND) Airspace Manager and 12 FTW Safety Office should continue working with General Aviation groups and the FAA in reducing VFR pop -up traffic transiting Military Operating Areas (MOAS) RND Airspace Manager, Airspace squadron Points -of- Contact (POCs) and squadron Duty Officers (DOs) should continue to visit Houston Center and San Antonio Tower /Terminal Radar Approach Control (TRACON) to brief air traffic controllers on an annual basis the importance of issuing Traffic Advisories and Alerts to all users of RND Page 62 COM -12 MOAs. (cont'd) ■ 12 FTW Safety Office and Airspace Manager should continue safety briefings at venues attended by General Aviation pilots and inform them of the hazards associated with flying into active MOAs. ■ 12 FTW Safety Office should vigorously reach out to airports in the surrounding area by conducting on site visits and posting diagrams depicting RND flying routes and MOAs along with Mid -Air- Collision- Avoidance brochures. MOA scheduling utilizing the latest software program sanctioned by the Air Force will be utilized and specified in Letters of Agreement with RND and FAA agencies as required so that Page 63 COM -12 Notices to (cont'd) Airmen are automatically issued advising all General Aviation flyers when the MOAs are active. Page 64 Jan Hnronio International Airport (SAT) and RN© COM -13 Zon JBSA -R Amend UDCs or 2015 ■ ■ ■ ❑ ❑ JBSA -S Building Codes to Stinson Not Permit Vertical Temporary Cranes Obs within the MOD Transitional Area of Subzone the Airfield The cities should amend their UDCs to incorporate regulations for not permitting temporary cranes within the transitional area of the imaginary surface in order to prevent vertical obstruction into critical navigable airspace. The cities should require coordination with the FAA to determine obstruction evaluations so mitigation measures and coordination with JBSA can be applied. Page 64 Page 65 ® .a a a ® • ® .o so .o • s o • m a COM -14 Comm Study Consider Public- 2015 ■ ■ ■ ■ ■ ■ m® ■ ■ ■ ■ ■ Area Public or Public - Private (P4) Partnerships for Cost Savings Identify opportunities for jurisdictions and JBSA to partner on and use Section 331 of the Federal Regulations to achieve cost savings. COM -15 Zon MIAOD / Update or Develop 2015 ■ ■ ■ ■ ❑ ❑ CCLUAs Crane /Temporary Construction Permit Forms Some jurisdictions surrounding JBSA -R regulate temporary construction cranes through the use of permits; however the permits need to be updated to reflect current information and other cities need to develop these permits to regulate such activity. • The City of San Antonio should update their website with the updated Crane / Temporary Construction Form and remove old copies on internal sites and the website. • The cities of Page 65 COM -15 Schertz, Selma, (cont'd) Live Oak, and Universal City should develop temporary crane / construction permits to enable appropriate coordination with the FAA and JBSA -R and determine obstruction evaluations so mitigation measures can be applied prior to construction. COM -16 Comm JBSA -R JBSA Representative 2015 ■ ❑ to Accompany City On- Officials to talk to going Landowners A uniformed JBSA Representative should accompany City of Converse Officials to talk to Landowners about the issue with the clear zones and the 1604 Corridor Study. Page 67 ® .a a a m m �® • so .a • s o • m a ® COM -17 Comm JBSA -R Coordinate 2015 m® a® ■ Study partnering Efforts Area The Air Force / JBSA will use the JLUS Report and associated information / data as part of the communities' input into the ICEMAP development process to eliminate the potential for conflicting data and recommendations. If there are conflicts between the ICEMAP and JLUS recommendations, JBSA- Randolph shall resolve them with the communities. COM -18 Comm JBSA -R Incorporate 2015 ■ JBSA -S Recommendations of and the JBSA- Randolph Stinson JLUS into the Joint Study Base San Antonio Area Regional Joint Land Use Implementation Strategy The City of San Antonio should ensure that the findings and recommendations of the JBSA-Randolph JLUS are incorporated into and coordinated with the Joint Base San Antonio Regional Implementation Strategy. Page 67 DSS -1 Comm JBSA -R Coordinate with JBSA On- ■ ■ ■ IN ■ ■ ❑ JBSA -S Regarding Proposed going and Developments that Stinson Generate Dust, Study Smoke or Steam Area Within the Approach and Departure Corridor Coordinate with JBSA about any existing facilities undergoing renovations and proposed developments that generate dust, smoke, or steam that are located within the approach and departure corridor in order to prevent plumes that may impair the vision of the pilots. Other Partners: TCEQ, Texas Railroad Commission (TRRC) r � Page 69 HA -1 Comm Study Coordinate JBSA On- ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ Area Housing Needs going Develop partnership with local realtors, realtor associations, and local planning departments to share information regarding military housing needs on a regular basis via the JBSA Housing Market Analysis (HMA) report Page 71 IE -1 Plans JBSA -R Coordinate On- ■ ■ ■ ■ ■ ■ ■ ■ ❑ ■ ■ JBSA -S Infrastructure going and Capacity Planning Stinson with JBSA MIAOD Stakeholders should coordinate with JBSA on a region -wide basis in the development of infrastructure master plans, capital improvement plans (CIP), utility service agreements (USAs), and other similar long -range plans to avoid overlap and duplication of services. Development of systems that can serve both community (including Converse) and JBSA -R's needs should be evaluated when appropriate. Other Partners: Alamo Area MPO, BRWM, SARA, Regional Mobility Authority (RMA) IE -2 Comm JBSA -R Coordination on 2015 ■ ■ ■ ■ ■ ■ ■ ■ ❑ ■ ■ JBSA -S Infrastructure and Planning Stinson Notify and MIAOD coordinate infrastructure expansion plans with JBSA. When communities or Page 73 LS -1 CIP Study Next Generation Air 2017 ❑ ❑ ■ Area Transportation System Improvements SAT and RND should work with the FAA to identify and budget for specific NextGen improvements that have a regional benefit including System Wide Information Management (SWIM) program and Automatic Dependent Surveillance — Broadcast (ADS -B) technology. LS -2 Comm Study Advertise / Educate 2015 ■ ❑ Area Mid -Air Collision On- Avoidance (MACA) going Program Develop education brochures on how to avoid mid -air collisions within airspace where military operations occur. Provide the MACA Handbook and the mid -air collision brochure on the JBSA website and other online locations where general aviation pilots have access. Page 74 Page 75 LEG -1 Leg Study Facilitate Legislative 2017 ■ ❑ Area Initiative to Amend Property Sellers Disclosure Work with San Antonio Board of Realtors (SABOR), Real Estate Council of San Antonio (RECSA), Texas Association of Realtors (TAR) and other real estate advocates to facilitate a legislative initiative to include notification of military impacts on property in seller disclosures (TAR Forms 1406 and 1506). Other Partners: SABOR, RECSA, TAR, other rea/s estate advocates Page 77 ® .a a a ® 4 ® .o so s o ® m a LEG -2 Leg Study Amend Property 2015 m® ■ Area Code Section 5.008 of Sellers Disclosure of Military Impacts The State Legislature with the support of TAR and Non -TAR members to amend the property code to incorporate language that discloses information related to military impacts, as it pertains to the property in the transaction. Primary Partner: State Legislature LEG -3 Plans JBSA -R State to Adopt Part 2015 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ J BSA -S 77 as State Law to and ensure Federal Stinson Aviation Regulation Vertical (FAR) Part 77 Obs Compliance MIAOD State should adopt Subzone Part 77 and any amendments to the law to ensure Part 77 compliance for local jurisdictions. For all new, redeveloped or rehabilitated transmission, communications, energy generation structures (including electrical transmission towers /lines, cellular and radio transmission towers, wind generation Page 77 LEG-3 towers, and other (cont'd) similar usesjorany type ofstructures that have a proposed height of 99'ur higher, ensure compliance with FAR Part 77 height limit requirements to minimize vertical obstructions and congested airspace. In addition' ensure the developments and structures are compatible with, and do not pose a safety hazard to, air operations in the region. Primary Partner: State Legislature Page 79 LG -1 Plans Study Conduct Lighting 2015 ❑ 0 0 0 0 0 ■ 111111 Area Study / Screening Bexar County should work with JBSA and the surrounding communities to conduct a lighting study/ screening to determine areas where light pollution may adversely impact the base's mission. This will determine for the communities what types of lighting regulations would be necessary to stop further light pollution in this area and region -wide. LG -2 Zon Study Amend UDCs and 2017 ■ ■ ■ ■ ■ ■ ■ ■ ❑ Area Zoning Ordinances to Incorporate Dark Sky Lighting Controls The cities should amend their UDCs and zoning ordinances delineating the downward directional lighting for land uses, regulations for light pollution trespass including lumens and not permitting light to be emitted above the 90 degree horizontal plane, and timers for lights. r � Page 81 ® .a a a m m �® • so .a • s o • m a ® LG -2 Limit Correlated m® a® (cont'd) Color Temperature (CCT) values for LED street lights to 4100k. This shall include requirements for downward directional, shielded, or fully- cutoff lighting in new construction and street lights, and controls for unregulated and unconventional sources of light, i.e. laser scopes for paintball shooting accuracy and other similar uses. Other Partners: Cities of Live Oak LG -3 Comm JBSA -R Educate Utility 2015 ❑ ❑ ❑ ❑ ❑ ■ JBSA -S Companies and Stinson Encourage Them to Vertical Adopt Anti -Glare Obs Construction MIAOD Materials in Solar Subzone and Renewable Energy Facilities Educate utility companies on the importance of anti- glare construction materials, such as the use of an anti - reflective coating on photovoltaic solar panels and prohibiting the use of reflective (mirrored) materials, for solar panels and Page 81 LG -3 other renewable (cont'd) energy facilities for roof -top on ground - mounted applications. Encourage utility providers to adopt criteria for use within the Vertical Obstruction Military Overlay District. Other Partners: CPS Energy, GVEC Page 82 LU -1 Plans/ JBSA -R Zon JBSA -S and Stinson MIAOD Military Influence 2015 Area Overlay Zoning District ( MIAOD) Amend the UDCs and update comprehensive plans to include the Military Influence Area Overlay District ( MIAOD). The MIAOD will assist in achieving military compatibility. Description of the MIAOD and its subzones can be found in the JLUS Implementation section narrative. The MIAOD consists of 4 subzones: • Safety MIAOD Subzone — This area is comprised of the CZs, APZs and the Runway Protection Zones (RPZ) • Noise MIAOD 5uazone — i nis Subzone is comprised of the area encompassed within the footprint of the noise contours identified in the most recent JBSA -R AICUZ and the Stinson noise contours Page 83 Page 84 Page 85 LU -2 (co it'd) economic development, etc. LU -3 Zon JBSA -R Amend 2015 ■ ■ ■ ■ Safety Comprehensive MOD Plans to Limit Density on Land in West Side of JBSA -R Southern Accident Potential Zone 11. Amend Comprehensive Plan policy and the future land use map to limit development in APZ II of the J BSA - Randolph western runway to 1 dwelling unit per 10 acres. LU -4 Zon JBSA -R Amend 2015 ■ Safety Comprehensive MOD Plan to Limit Density on East Side of JBSA -R Southern Accident Potential Zone 11. Amend Comprehensive Plan policy and the future land use map to limit development in APZ II of the eastern JBSA - Randolph runway to 1 dwelling unit per 20 acres. Page 87 ® .a a a ® • ® .o so .o • s o • m a LU -5 Zon JBSA -R Amend 2015 ■ ■ m® Safety Comprehensive MOD Plans to Limit Density on Land Between West and East Runway South Safety Zones Amend Comprehensive Plan policy and the future land use map to limit development between the west and east runway south safety zones of JBSA- Randolph to 1 dwelling unit per 10 acres. LU -6 Zon JBSA -S Establish a Joint 2015 ■ ■ ❑ CCLUA Airport Zoning Board (JAZB) Establish a JAZB for JBSA -S's Controlled Compatible Land Use Area (CCLUA) using the authority of the State Local Government Code 241. The JAZB is required to develop a charter, a zoning ordinance (that would include the MIAOD and its associated subzones), and a zoning map for the CCLUA. The zoning categories within each of the MOD subzones should be based on the AF AICUZ instructions Page 87 LU -6 (cont'd) guidance, FAA guidance and the TXDOT guidance for compatible land use around airports. LU -7 Zon JBSA -R Evaluate the 2015 ■ ■ ■ ■ ■ Safety Feasibility of Creating MOD a JAZB for JBSA- Subzone Randolph for the West and East Runway Safety Zones The cities of Schertz, Selma, and Universal City along with Bexar and Guadalupe counties should evaluate the feasibility of creating a JAZB for the JBSA- Randolph West and East Runway Safety Zones to provide adequate protections and land use regulations for the ETJs and land located in this area. r � Page 89 ® .a a a m m �® • so .a • s o • m a ® LU -8 MOU JBSA -R Develop a 2015/ ❑ ❑ ❑ ❑ ❑ m® ❑ a® ■ JBSA -S Memorandum of On- and Understanding going Stinson (MOU) with School Safety Districts and JBSA should develop Noise a MOU with the MIAOD surrounding school Sub- districts to zones coordinate on all future school master plans to prevent schools from being planned in noise sensitive and safety areas of the Noise and Safety Subzones. LU -9 Plans JBSA -R Acquire Conservation 2017 ❑ ❑ ❑ ■ JBSA -S Easements to Secure and Buffer in JBSA -R Stinson Airfield Safety Zones MIAOD Participate in the Readiness and Environmental Protection Initiative (REPI) program and other buffering and conservation programs to purchase restrictive use easements or fee title to lands that present threat of encroachment and impact on military operations. The Air Force should identify potential REPI and other conservation partners, land that meet the REPI criteria, and identify willing sellers. Other Partners: Page 89 LU -9 (( nt'd) Nature Conservancy Agencies LU -10 Acq JBSA -R Acquire Land in JBSA- 2017 ■ Safety R's Northern and MOD Southern Us Subzone JBSA -R to determine an ideal funding mechanism to purchase the vacant land located in the northern and southern JBSA -R CZs to provide protection for the JBSA -R mission. LU -11 Plans JBSA -R Transfer of 2017 ■ ■ ■ ■ ❑ MOD Development Rights (TDR) Program The cities should assess and consider developing a TDR program to protect the JBSA -R mission and redirect potentially incompatible development to a more ideal location away from mission - critical operational areas. Page 91 ®, a , gi 1 gi , gi gi s• f a ® ! gi ®a •e LU -12 Zon JBSA -R Include Statement 12015 ■ ■ ■ ■ ■ ■ JBSA -S (Note) in Plats Stinson In order to prevent Safety litigation regarding a and situation where a Noise property owner MOD stated they were not Subzone informed that their property was located within an airfield safety zone (CZ, APZ I and II, or RPZs) and / or a Noise Subzone, jurisdictions should include on all future plats that are located in these subzoneslanguage stating that they are located in a military operating area that can be subject to noise, vibrations, odors and other such impacts. LU -13 Plans N/A Amend 1604 2015 ■ ■ Corridor Study Consider amending the 1604 Corridor Study in conjunction with JBSA- Randolph advocating for the funding of Rocket Lane Gate construction. Page 91 LU -14 Plans/ Zon/ JBSA -R Comm JBSA -S Stinson Page 92 Consider a Development Coordination Area Until legislation is enacted that mandates development coordination with JBSA- Randolph, consider using the Military Overlay District as a Development Coordination Area where development will be coordinated with JBSA officials on a case -by -case basis. The criteria that will trigger coordination include the following: • Structure Height • Density • Light and Glare (Daytime glare from buildings) • Noise • Uses that produce dust and smoke On- ■ going Page 93 .a a ® a ® • ® .o so .o • s o • m a LU -15 Acq JBSA -R Consider Subdividing 2017 ■ m® ❑ the Three Parcels of Land to Account for the 500 Feet in the Clear Zone City of Converse and an uniformed Air Force personnel should consider advocating to the landowners to subdivide the land that would account for the 500 feet in the CZ. Then the City or the AF could reasonably acquire the 500 feet of land to protect general public. LU -16 Acq/ Plans JBSA -R Consider Pursuing 2015 ■ ❑ Funding Opportunity with the State to either Acquire the CZ land or to Fund Portions of the Rocket Lane Gate. City of Converse should consider utilizing the funding opportunities available to them through the Governor's Office, Texas Military Preparedness Commission to either acquire the land in the CZ and place under perpetual easement or assist in funding the improvements at the proposed Rocket Page 93 LU -16 (cont d) Lane Gate. LU -17 Acq JBSA -R Cities should Support 2015 ■ ■ ■ ❑ J BSA- R in Efforts to Acquire Land with the CZs. The Cities support JBSA- Randolph in efforts to acquire land within the CZs by identifying and pursuing potential funding opportunities including bonds, state funds, sales tax revenue, grants, etc. LU -18 Plans JBSA -R Develop Land Use 2015/ ■ ■ ■ ■ MOD Plans for ETJs in the On- JBSA- Randolph going MOD Although cities do not have land use or zoning authority in their ETJ, they should consider developing land use plans for these areas that achieve a future vision compatible with the existing and future military mission ofJBSA- Randolph and promotes viable community development if annexed. Page 94 Page 95 ® .a a a ® • ® .o so .o • s o • m a LU -19 Plans JBSA -R Consider and 2015/ ■ ■ ■ ■ m® MOD Potentially Develop On- Plan for Annexation going or Limited Purpose Annexation The cities should consider and potentially develop plans for annexation or limited purpose annexation of ETJ parcels where infrastructure improvements and regulations are consistent with the JLUS findings and recommendations to ensure development in these areas is compatible with the existing and future JBSA- Randolph mission. LU -20 Plans / JBSA -R Amend Zoning to 2015 ■ ■ Zon Safety Stipulate how MIAOD Planned Developments in the APZ I and II Should be Utilized The Cities of Selma and Schertz should amend the UDC and Zoning Code to expressly note that Planned Development Zoning Districts in the APZ I and II safety zones should be used only to achieve greater compliance with the JLUS goals. Page 95 Page 97 NV -2 Com Study Educational 2015/ ■ ■ ■ ■ ■ ■ ■ Area Materials on Sound On- Attenuation Methods going Use or modify DOD or FAA Sound Attenuation educational materials as a supplemental educational document, describing building techniques which can be used to achieve the required 45 dB LDN interior noise maximum threshold. Local jurisdictions should make use of already available technical support materials from the Federal Aviation Administration and / or Department of Defense. NV -3 Zon JBSA -R Amend UDCs, 2015 ■ ■ ■ ■ ■ ■ JBSA -S Building Codes, and Stinson Zoning Ordinances to Noise Incorporate MIAOD Recommended Land Subzone Use Guidelines and Sound Attenuation Measures for Properties Within the 65 dB noise contour and greater. If the adopted building codes of the jurisdictions do not require residential uses and other noise Page 98 Page 99 ® .a a a ® • ® .o so .o • s o • m a NV -3 sensitive land uses m® (cont'd) to have an interior noise level of 45 dB, then the jurisdictions should amend their UDCs, building codes, and zoning ordinances to require the recommended 45 dB for interior noise levels for properties within the 65 dB noise contour and greater. This amendment should apply to all new construction and renovations where more than 50 percent of the structure is renovated. NV -4 Comm JBSA -R Signage in the Rights- 2015 ■ ■ ■ ■ ■ ■ ❑ JBSA -S of -Way to Notify Stinson Citizens that the ' Noise Community is Shared MOD with JBSA - Randolph Subzone The cities should design, develop, and place signage in community -wide rights -of -way to notify citizens that the community is shared with JBSA- Randolph and subject to potential impacts of overflight and noise. Page 99 NV-5 Plans JBSA -R JBSA -S and Stinson Noise MOD Subzone Develop a Voluntary Sound Attenuation Retrofit Program for Noise Sensitive Uses Develop a sound attenuation program for willing property/ home owners supporting the Statewide Energy Code. Where possible incorporate incentives. 2017 ■ ■ ■ ■ ■ ■ ❑ NV -6 Zon JBSA -R Assess the Viability of 2015 ■ ■ ■ ■ ■ ■ JBSA -S the Dedication of and Avigation / Noise Stinson Easements for Noise Discretionary MOD Development Subzone Approvals Assess the viability of the dedication of avigation / noise easements for new development projects requiring discretionary development approvals. Avigation easements confer the right to aircraft overflight and to generate impacts associated with normal aircraft operation such as noise, vibration, odor, air currents, illumination, and fuel consumption. r � Page 101 RC -1 Comm Study Transportation Area Improvements / Expansions Monitor capital improvement projects to ensure roadway capacity is sufficient to meet local and regional mobility needs without causing growth inducement and increased roadway congestion nearJBSA -R. Atamo Area MPU, RMA r � MIONINEWWWWWWWWWOMW Page 103 ® .a a a ® • ® .o so .o • s o • m a RC -2 Zon / Plans JBSA -R Mass Transit Options 2015 ■ ■ ■ ■ m® Study The cities Area surrounding JBSA -R should work with VIA Metropolitan Transit Authority and consider voting in and assessing the sales tax to their residents that would fund mass transit options for their residents. Provide educational materials to residents about the mass transit options that are available to them both on -base and off -base, including van pools. Other Partners: VIA Metropolitan Transit Authority RC -3 Plans JBSA -R Prepare a Traffic 2017 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ Study Modeling Study for Area the Areas Immediately Surrounding JBSA - Randolph TXDOT should coordinate with JBSA -R and the surrounding communities to prepare and develop a comprehensive traffic modeling study for the areas immediately around JBSA -R to assess roadway capacity levels for egress and ingress of the base. Page 103 RC -3 Other Partners: (cont'd) Alamo Area MPO, RMA RC -4 Plans JBSA -R Coordinate and 2017 ❑ Study Budget for Intelligent Area Transportation Systems TXDOT should work with the communities around JBSA -R and the Union Pacific Railroad (UPRR) to install intelligent transportation systems such as infrastructure-to- vehicle wireless systems to enable enhanced planning and manage roadway capacity issues. This should include electronic marquee boards identifying when UPRR trains are scheduled to cross at the Pat Booker Roadway and FM -78. f-vamo /-Area /V/vu, RMA, UPRR Page 104 ■00■ M0■ M■ M■ MM■ MMM0 Page 105 RC -6 Plans JBSA -R Consider Additional 2015 ■ Increasesin Compressed Work Week Schedules for Eligible Employees JBSA -R should work with command units and tenants to determine if it is feasible to allow additional staffing that would be eligible to work compressed or flexible work weeks to decrease vehicular miles on roadways during peak morning and evening hours. Page 107 .a a ® a m m �® • so .a • s o • m =. EMMEEMEM ® m® a® a SA -1 Plans JBSA -R CZ and APZ Land Use 2015 ❑ ❑ ❑ ❑ ■ ❑ Safety Evaluation Study ` MIAOD The JLUS Subzone Implementation Task Force should work with the cities of Schertz and Universal City to prepare a comprehensive land use evaluation of the land within the safety zones (CZ & APZs) of the JBSA -R airfield to identify property owners, vacant land, entitled land, and other recorded instruments on the land within the safety zones. • This information will be used to determine lands that have willing sellers that can be acquired to secure lands within the CZs and APZs that are not developed. • The study should also identify funding mechanisms for acquisition such as the Texas Revolving Military Loan Program, DEAAG Program, and Page 107 SA -1 (cont'd) municipal bonds, sales tax revenue, grants, etc. Primary Partner: AUS Implementation Task Force SA -2 Plan JBSA -R Partial Update of the 2015 ■ Safety 2008 JBSA -R AICUZ MOD Update the 2008 Subzone AICUZ to revise the clear zone boundary and consider incorporation of the Navy instruction for curved CZs and APZs that accurately reflect the primary flight tracks. • The measurements of the standard CZ should be 3,000 feet X 3,000 feet, not 2,000 feet X 3,000 feet. • Consider incorporating the curved patterns of the CZs and APZs as the Navy Instruction for AICUZs recommends. • It should be noted that a partial update of the AICUZ is scheduled for FY 16 including a new noise study. Page 108 Page 109 Page 110 • • W @ W !i ®m ei O W • ® SA -3 development We0 (cont'd) restrictions. SA -4 Plans JBSA -R Incorporate the 2015 ■ Safety FAR MOD Recommendations for Land Use within Safety Zones in AICUZ Update Include the FAR recommendations from current DOD guidance in Instruction 4165.57 for land uses within the safety zones in the update of the 2008JBSA- Randolph AICUZ. SA -5 Plans JBSA -R Provide Study Area 2015 ■ Safety Jurisdictions the MOD Floor Area Ratio (FAR) Recommendations for Land Use within Safety Zones JBSA- Randolph to provide the Study Area jurisdictions the FAR recommendations for land uses within the safety zones from the DOD Instruction 4165.57. Page 110 Page 111 ® .a a a ® • ® .o so .o • s o • m a SA -6 Plans /Zon JBSA -R Ensure that Platting 2015 ■ ■ ■ ■ m® Safety Applications are MOD Consistent with Amended Zoning Changes for Land in Northern and Southern Safety Zones Ensure that all platting applications for property within the JBSA-Randolph Northern and Southern Safety Zones comply with changes to zoning regulations per the JLUS recommendations. SA -7 Zon JBSA -R Amend UDC and 2015 ■ ■ ■ ■ Safety Zoning Ordinances MOD for West Side of JBSA -R Southern Accident Potential Zone II Amend the UDC and Zoning Ordinances to limit development in south APZ II of the JBSA- Randolph western runway to 1 dwelling unit per 10 acres. SA -8 Zon JBSA -R Amend UDC for East 2015 ■ Safety Side ofJBSA -R MOD Southern Accident Potential Zone II Amend the UDC to limit development in south APZ II of the eastern JBSA- Randolph runway to 1 dwelling unit per 20 acres. Page 111 SA -9 Zon JBSA -R Amend UDCs and 2015 ■ ■ Safety Zoning Ordinances MOD for Land Between West and East Runway South Safety Zones Amend the UDC and Zoning Ordinance to limit development between the west and east runway south safety zones of JBSA- Randolph to 1 dwelling unit per 10 acres. SA -10 Zon JBSA -R Amend UDCs and 2015 ■ ■ ■ ■ ■ ■ JBSA -S Zoning Ordinances and to Incorporate Stinson MOD Safety Safety Subzone and the MOD Associated AICUZ Sub- Guidelines for Us zone and APZs. Amend UDCs, County Orders, and zoning ordinances to incorporate a MOD Safety Subzone and the associated AICUZ compatible development guidelines for the safety of their citizens. Where more stringent guidelines are recommended in the JLUS, incorporate JLUS recommended guidelines. Examples of Page 112 Page 113 ® .a a a ® • ® .o so .o • s o • m a SA -10 regulations in this m® (cont'd) area should include conditions associated with types of uses such as restricting new development that attracts large congregations of people and uses that attract concentrations of birds creating a hazard to aircraft. SA -11 Zon JBSA -R Identify Viable 2015 ■ ❑ Safety Compatible Uses for MOD APZs South of the Subzone Runways and Amend UDC to Incorporate These Uses. The City of Schertz, with consultation from JBSA - Randolph, should develop an official list of compatible uses within Accident Potential Zones south of the JBSA- Randolph Runways. Compatible uses may include opportunities for alternative energy and appropriate development criteria to ensure compatibility with the JBSA-Randolph mission. Adopt FAR reductions for non- residential uses in conjunction with Strategy SA -3 and Page 113 SA -11 consider flexibility (cont'd) for small lots that may not support viable development based on use guidance per DOD Instruction 4165.57. Other Partners: Wind Industry SA -12 Zon JBSA -S Create a JAZB for 2015 ■ ■ Safety JBSA - Seguin to MOD include a MOD Subzone Safety Subzone Create a JAZB for JBSA- Seguin to include a zoning MOD Safety Subzone within the Controlled Compatible Land Use Area and incorporate the associated AICUZ compatible development guidelines. Page 114 Page 115 ® .a a a ® • ® .o so .o • s o • m a SA -13 Comm JBSA -R Coordinate with 2015/ ■ m® ❑ Safety/ JBSA- Randolph in On- Noise Requesting No -Fly going MOD Days and Weekends Subzone for Special Community Events The City of Schertz should coordinate in a timely manner (a month's notice) with JBSA- Randolph to request no- flying operations during specific times of the year for special community events, e.g. July 4t ", Schertz Fest. SA -14 Zon JBSA -R Amend UDCs and 2015 ■ ■ ■ and Zoning Ordinance to JBSA -S Require CZ Language Safety on Plats MOD Amend UDCs, zoning Subzone ordinance and platting regulations to require that plats include language stating the property is located within the CZ which is located at the end of a military training installation runway and is identified as an area with the highest aircraft accident potential. SA -15 Plans NA Secondary Radar 2017 ■ ❑ ❑ CIP System and NextGen Air Transportation Systems SAT and RND should work with FAA to identify projects to Page 115 SA -15 include in their (cont'd) capital investment plans within the next five years such as a redundant radar system and NextGen air transportation systems including Automatic Dependent Surveillance — Broadcast (ADS -B) technology. SA -16 Comm JBSA -R Amend UDCs and 2015 ■ ■ ■ ■ ■ JBSA -S Zoning Ordinances and to include BASH Stinson Regulations BASH Amend UDCs and MIAOD zoning ordinances Sub- to regulate land zone uses and guide building standards that will not attract birds and other wildlife in the MOD BASH Subzone, specifically within the airport approach and departure zone. Such controls should include not permitting certain trees and foliage that attract birds in this area. Page 116 Page 117 .a a ® a ® • ® .o so .o • s o • m a SA -17 Comm JBSA -R Continue to 2015 m® ■ JBSA -S Implement BASH and regulations per JBSA - Stinson R BASH Plan BASH JBSA should MOD continue to Subzone implement BASH regulations per the JBSA- Randolph BASH Plan including the regulation of land uses, building standards, and appropriate vegetation to deter birds and other wildlife. SA -18 Hab JBSA -R Control Dove 2015/ ■ BASH Population at On- MOD JBSA -R going Subzone JBSA - Randolph shall control the White Winged Dove population through habitat management inside the installation fenceline to reduce the potential for BASH. SA -19 Plans JBSA -R Improve Water 2015/ ■ BASH Drainage on Golf On- MOD Course going Subzone JBSA - Randolph should improve the water drainage features on the golf course in order to discourage use by birds and other wildlife. Page 117 SA -20 Plans / Comm JBSA -R Safety MIAOD Coordination of Recreational Land Uses with JBSA in the Future The City of Schertz and JBSA will coordinate in the future to restrict utilization of recreational type uses (e.g. soccer fields) when night training occurs at the Base. 2017/ On- going ❑ ■ SA -21 Plans JBSA -R Modify the Veterans 2015/ ■ Safety Park Plan in Universal On- MIAOD City going The City should consider modifying the Veterans Park Plan to ensure that recreational facilities within the plan that encourage congregations of people, e.g. amphitheater, should be relocated outside the standard CZ. SA -22 Comm JBSA -R Engage in 2015/ ■ ■ ❑ Safety Discussions with On- MIAOD Private Company in going Northeast Clear "V 0 Nov Zone City of Schertz, Bexar County, and with the support of JBSA- Randolph should engage in discussions with private company in NE CZ to Page 118 Page 119 SA -24 Plans /Zon JBSA -R Safety MOD Page 120 Amend Zoning in 2015 APZs Based on Revised Safety Zones JBSA- Randolph may change the West And East Runway south safety zones based on actual flight paths as part of AICUZ update. The cities of San Antonio and Schertz should evaluate, identify, and amend the allowable land uses within the revised south safety zones from residential to compatible non- residential uses. Work with JBSA - Randolph to determine the safety zone boundaries. 011L] ■❑ Page 121 VO -2 Comm JBSA -R Utility Infrastructure 2015 ■ ■ ■ ■ ❑ ❑ ❑ JBSA -S Coordination On- and Electric utility going Stinson companies should Vertical coordinate with the Obs cities and JBSA on MOD siting above ground Subzone utility poles and infrastructure to ensure utilities do not constitute a vertical obstruction to the aviation operations in the area. VO -3 Plans JBSA -R Site New Utility Lines On- ■ ■ ■ ■ ■ ■ ■ ■ ■ ❑ ❑ ❑ CIP JBSA -S Within Existing going and Energy Utility Stinson Corridors / Joint Vertical Utility Corridors Obs Work with CPS MOD Energy and TXDOT Subzone to use existing energy corridors for joint utility corridors when planning infrastructure projects. This will ensure that additional vertical obstructions in other locations do not occur. Other Partners: TRRC Page 122 Page 123 ® .a a a ® • ® .o so .o • s o • m =. EMMEEMEM ® •® m® WQ -1 Plans Study Develop and 2017 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ Area Implement a Water Resources Management Plan Identify future demand and supply and coordinate with the regional resources and agencies to develop and implement a Regional Water Management Plan. This plan would assess all possible solutions to conserving water and securing future water resources. Such solutions would include sharing of water resources with proximate cities, JBSA obtaining additional water rights from the Carrizo - Wilcox Springs, and the use of Reuse Water for Outdoor uses, i.e. watering lawns. Other Partners: San Antonio River Authority (SARA), Edwards Aquifer Authority (EAA), BRWM, SARA WQ -2 Zon Study Develop Ordinance 2015 ■ ■ ■ ■ ■ ❑ ❑ Area Reducing Lawn Landscaping Area The participating JBSA -R JLUS cities should develop, if Page 123 VVQ-2 they du not already (cont'd) have, anordinance limiting the size of landscaped lawns and requiring the remaining lawn area be xeriscaped in order to reduce water consumption and waste. Consider incorporating and encouraging application ofLID practices recommended by Page 124 Page 125 WQ -4 Plans Study Address Military 2017 ■ ■ ■ ■ ■ ■ ■ ❑ ■ Area Water Concerns in Agency Plans When SARA, jurisdictions and other agencies update plans for the management of their water resources, they should incorporate the military water needs in their plans. Other Partners: SARA, EAA and BRWM WQ -S Plans JBSA -R Inventory and Assess 2017 ■ High -risk Storm water Ponding Areas On -Base Conduct a base -wide assessment of high - risk storm water drainage system deficiencies. Prioritize those deficiencies that affect external land uses including community storm water drainage facilities. Page 126 Page 127 Please see the next page. Page 128