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02-05-2019 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL February 5, 2019 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Opening Prayer and Pledges of Allegiance to the Flag of the United States and State of Texas. (Councilmember Larson) A. Mayor Pro -Tem Oath of Office — Oath of Office administered to Councilmember Allison Heyward. (Mayor Carpenter to administer oath) PrPePntatianc • Proclamation recognizing the designation of February 2019 as Career and Technology Education Month. (K. Kinateder) • Proclamation recognizing Official Rodeo Season and Official Dress Western San Antonio Day. (Mayor Carpenter) • Presentation of Schertz Historical Preservation Committee Annual Report and recognition of Dean Weirtz for his outstanding service in the role as the Committee Chair. (B. James /E. Strong) New Employee Recognition • Finance — Assistant Finance Director — Sandra (Babett) Martin • Police — Police Officer — Adrian Zuniga • Utility Billing — Meter Tech 1— Jeremy Weaver City Events and Announcements • Announcements of upcoming City Events (B. James /S. Gonzalez) • Announcements and recognitions by the City Manager (M. Browne) • Announcements and recognitions by the Mayor (M. Carpenter) 2 -05 -2019 Council Agenda 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 f `actual 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. Workshop • Workshop discussion/possible action regarding the zoning case in the City of San Antonio at Boenig and Graytown (M Browne /B. James) • Workshop discussion regarding PIT Pads. (B. James /B. Cox) • Workshop discussion and direction regarding Schertz Magazine. (B. James /S. Gonzalez /L. Klepper) • Workshop regarding a contract extension with Buffalo Valley Youth Association. (BVYA) (B. James /L. Shrum) 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 Couneilmember. 1. Minutes — Consideration and /or action regarding the approval of the minutes of the regular meeting of January 22, 2019. . (B. Dennis) 2. Ordinance No. 19 -S -02 - Consideration and /or action approving an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 4 Section 21.4.9 Designation of Landmark properties and heritage neighborhoods and Article 13 Section 21.13.3 B Definitions Substantial Improvement. (Final Reading) (B. James) 3. Resolution No. 19 -R -11 — Consideration and/or action approving a Contact Information Amendment and a Change of Name Amendment among Amazon.com.kydc LLC, the City of Schertz, and the City of Schertz Economic Development Corporation. (M. Browne /K. Kinateder) 4. Resolution No. 19 -R -16 — Consideration and/or action approving a Resolution authorizing the City manager to extend the contract of Jackson A &E Associates, Inc., 2 -05 -2019 City Council Agenda Page - 2 - the City's Owner's Representative for city construction projects. (M. Browne /B. James) 5. Resolution No. 19 -R -12 — Consideration and/or action approving a Resolution recognizing the designation of Landmark Properties and Heritage Neighborhoods and other matters in connection therewith (B. James) 6. Resolution No. 19 -R -13 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, approving and authorizing Access, Drainage, Water, and Wastewater Easement Agreements through Lot 1 of the Wiederstein Ranch Subdivision from 1290 Entertainment, LLC, and other matters in connection therewith (B. James /K. Woodlee) 7. Resolution No. 19 -R -14 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, approving and authorizing a Water Easement Agreement across the Danville Middle School. Property from Comal Independent School District. (B. James /K. Woodlee) 8. Resolution No. 19 -R -17 - Consideration and /or action approving a Resolution supporting certain Legislative initiatives regarding groundwater production and transportation. (M. Browne) Discussion and Action Items 9. Ordinance No. 19 -M -07 — Consideration and /or action approving an Ordinance authorizing a Reimbursement Agreement with SCH1103, LLC., for construction of a water line extension associated with the development of the Schertz Retail Center; and establishing an effective date hereof. First Reading (B. James /J. Hooks) 1.0. Ordinance No. 19 -K -05 — Consideration and /or action approving an Ordinance releasing and terminating vehicular non - access easements on Lot 3, Block 18, and Lot 27, Block 14, The Reserve at Schertz II, Unit 4. First Reading (B. James / L. Wood / E. Delgado) 11. Ordinance No. 19 -S -04 - Conduct a Public Hearing and Consideration and /or action PH approving an Ordinance on a request to rezone 802 Main Street, approximately 0.24 acres of land, from General Business District (GB) to Main Street Mixed Use District (MSMU). First Reading (B. James /:L. Wood/E. Delgado) 12. Resolution No. 19 -R -15 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to enter into an agreement for the purchase of seven (7) vehicles, one (l) backhoe, one (1) portable generator, one (1) tandem axle dump truck, and one (1) aerial bucket truck (B. James /J. Harshman /J. Gohlke) Roll Call Vote Confirmation Requests and Announcements • Announcements by the City Manager. 2 -05 -2019 City Council Agenda Page - 3 - • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. • Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers 13. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Monthly updates regarding Large Projects /CIP, City View, Utility Meter Swap Out/ and Agenda Quick Software. (B. James /J. Harshman /T. Buckingham /E. Delgado /J. Walters) • Update on the new phone system. (B. James /M. Clauser) • Update regarding a Real Estate Option Contract between Cibolo Valley Local Government Corporation and landowners in Wilson County for the purpose of purchasing at its option certain real property interests for groundwater well sites and related facilities and/or for easement, including pipeline easements. (M. Browne) Closed Session 1.4. City Council will meet in closed session under section 551.071 of the Texas Government Consultation with the City Attorney regarding pending or contemplated litigation: - GVSUD vs City of Schertz 15. City Council will meet in closed session under section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Reconvene into Regular Session 1.4a. Take any action based on discussions held in closed session under Agenda Item 14 15a. Take any action based on discussions held in closed session under Agenda Item 1.5. Roll Call Vote Confirmation Adiournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 1st DAY OF FEBRUARY 2019 AT 2 -05 -2019 City Council Agenda Page - 4 - 5:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. gi2ENDA DENN1,S Brenda Dennis, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF , 2019. TITLE: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If' you require special assistance or have a request for sign interpretative services or other services, please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into closed session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS 2 -05 -2019 City Council Agenda Page - 5 - Mayor Carpenter Councilmember Scagliola — Place 5 Main Street Committee Interview Committee for Boards and Commissions - Alternate Hal Baldwin Scholarship Committee Schertz- Seguin Local Government Corporation Cibolo Valley Local Government Corporation - Alternate Councilmember Davis— Place 1 Councilmember Gutierrez — Place 2 Audit Committee Audit Committee Schertz Housing Authority Board Investment Advisory Committee Interview Committee for Boards and Interview Committee for Boards and Commissions Commissions Main Street Committee — Chair TIRZ 11 Board Councilmember Larson — Place 3 Councilmember Edwards — Place 4 Main Street Committee — Vice Chair Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Main Street Committee Councilmember Heyward — Place 6 Councilmember :Brown — Place 7 Schertz Animal Services Advisory Commission Audit Committee Investment Advisory Committee Schertz - Seguin Local Government Corporation - Alternate 2 -05 -2019 City Council Agenda Page - 6 - Schertz Historical Preservation Committee Table of Contents Executive Summary ....... ............................... Page 2 Membership ................. ............................... Page 3 Resource Management and Controls ................... Page 3 Committee Goals and Objectives — 2018 .............. Page 4 -5 Fiscal Matters ............... ............................... Page 5 I: "N► D A. Committee Calendar Year 2019 Objective Statement Executive Summary The Schertz Historical Preservation Committee's (SHPC) Calendar Year (CY) 2018 objectives included the following general topic areas: 1) historic recognition projects 2) advancement of the City's "historic narrative" through publications and public appearances, and, 3) joint organizational initiatives. The Committee's "Landmark Property" / "Heritage Neighborhood" designation program slowed appreciably in 2018 primarily due to prior year's selections of thirty Landmark Properties and two Heritage Neighborhoods. Committee member LaDonna Bacon brought before the Committee a nomination for Heritage Neighborhood selection for the former Comal Settlement neighborhood area. That nomination package remains pending City Council amendment of the Uniform Development Code relative to Heritage Neighborhood selections. Publication projects have included: four quarterly newsletters; five Remembrances Special Edition Articles; and, a revised set of Committee By -Laws. The Committee's 2018 "Looking Back" feature appeared in each monthly edition of Schertz Magazine. Twelve new inputs for the 201.9's "Looking Back" feature have been submitted for publication. Two oral history projects were pursued during the year. One of the projects was done in collaboration with an Austin, Texas professional marketing firm and another in collaboration with the Media Department of Clemens High School. Both oral history videos will be released in early 2019. Sales of the Committee produced local history books continued throughout the year. A joint Committee /Schertz, Cibolo, Universal City Independent School District (SCUCISD) Student Art/Essay Contest was successfully completed in the 2017/2018 school year. An appropriate student winner recognition ceremony was held at the November 13, 2018 City Council meeting. The Committee participated with historic educational exhibits at the Schertz City Volunteer Open House event and the City's 60th Anniversary Celebration. Sister historical society contacts continued during the year with the Riedisheim, France Historical Society. The Committee has maintained contact with the Schertz City Council Main Street Subcommittee in its planning for restoration /improvements for the Main Street area. The City Council's resolution of the Committee's artifacts /property disposition issues via a December Council resolution provided significant relief for a long standing problem faced by the Committee. The Committee has accomplished its objectives for calendar year 2018 and looks forward to continuing the progress into 2019. 2 Membership The Committee is authorized 14 members. Committee strength was maintained at 14 members throughout 2018. The membership quality remains high and enthusiasm is ever present among members. The Clemens High School History Club has continued participation as an associate member group under the leadership of Clemens History Club School Advisor Mark Anthony Thornton. Brian James, Schertz Executive Director participated in all committee meetings and offered excellent counsel and advice throughout the year. Officers for CY 2019 included: Chairperson- Elizabeth Strong and Vice Chairman —Dean Weirtz. The positions of Secretary and Treasurer have been eliminated. Resource Management and Control Resources available to the Committee consist of display items (photographs, artifacts, documents, paintings, charts, maps, furniture, etc.) donated by Schertz citizens, purchased by the City or manufactured by Committee members. This inventory will be transferred to other entities in the coming months of 2019 per City Council Resolution 18 -R -151, dated December 11, 2019. Inventory control has been maintained through use of a resource listing copies of which are maintained by the Committee Chairperson and Vice Chairman. As determined necessary, the Committee Chairman and one other Committee member complete a 1.00 percent inventory /audit of the resources. There are several locations where resource inventory is maintained. The major location is the Space Saver II storage facility, Universal City, Texas (storage locker #1015). Other resources are on display at the Schertz City Library, Schertz Visitors Center, Schertz Area, Clemens High School Library, and, at the Randolph Field Realty Office. The last resource inventory was conducted June 22nd and Julyl8th 2018 by Dean Weirtz and David Lynch with no discrepancies found regarding Committee resource accountability. 3 Committee Goals and Objectives — 2018 Appendix B of the Committee's CY 2017 Annual Report set forth goals and objectives for the Committee to pursue in CY 2018. The goals and the results achieved are set forth below: Goal #1 — Historic Recognition Projects Pursue identification, research and designation of potentially eligible "Landmark" and "Heritage Neighborhood" properties within the City and its ETJ. RESULT: The Committee had only one nomination submission for historic property designation during the year. The submission was for designation of the former Comal Settlement area (now North Schertz territory) as a "Heritage Neighborhood ". The justification for such a designation appears particularly strong. However, City staff has identified a need to amend the City's Unified Development Code (UDC) relative to designations of "Heritage Neighborhoods" and presentation of the "Heritage Neighborhood" nomination package awaits the City Council approval of the UDC amendment. Goal #2 — Historic Publication Projects Continue research and publication of quarterly Remembrances Newsletters, Remembrances Special Edition Articles. RESULT: Four newsletters and five Remembrances Special. Edition Articles were published. Sales of the Committee published local history books continued throughout the year. Twelve installments of "Looking Back" features were published in Schertz Magazine and another installment of twelve issues for 2019 was submitted for publication. The Committee collaborated with the consultant /marketing firm "Lookthinkmake" (Austin, TX.) in the production of a Schertz oral history project that has produced an excellent video account of the City's history for release in early 2019. The Committee has also conducted its own oral history project in partnership with Clemens High School Media Program. The Committee's oral history video will also be released in early 2019. Goal #3 — Joint Committee /Student /Community Outreach Initiatives Continue development of joint outreach initiatives involving youth /student and community organizations. RESULT: A School District/Committee sponsored student history art/essay contest was judged by Committee members and School District representatives and a winner's award ceremony was held before City Council. Committee member representation assisted with the judging of the Sons of the Texas Revolution student history essay contest. The Committee provided historic exhibits at the City of Schertz Volunteer Open House event and at the City's 60th Anniversary 4 Celebration event. The Committee offered recommendations to the City Council Main Street Project Committee. The Committee continued its contacts with our sister historical society in Riedisheim, France. Fiscal Matters The Committee's budget cycle is the same as the City of Schertz (October Vt to September 30th). The only revenue generator is derived from book sales. Budget expenses and revenues for fiscal years 201 6 -2017 and 201 7 -201.8 are set forth below: FY 2016 . — 2017 . (As of September 30, 2017) ALLOCATED EXPENSES REVENUE $1.1,750.00 $4,806.32 $758.78 FY 2017 -201.8 (As of December 31, 2018) ALLOCATED EXPENSES REVENUE $1.1,750.00 $1,852.44 $360.52 APPENDIX A. Committee Calendar Year 2019 Objective Statement 5 Schertz Historical Preservation Committee Annual Report CY 2018 APPENDIX A Schertz Historical Preservation Committee Calendar Year 2019 Objectives Recognition Projects #1 Pursue identification research and designation of potentially eligible "Landmark" and "Heritage Neighborhood" properties within the City and its ETJ Publication Projects: #1 Continue research and publication of quarterly Committee REMEMBRANCES Newsletters and REMEMBRANCES Special Edition articles #2 Publish the Committee /Clemens High School produced Schertz Oral History Video Joint Outreach Initiatives: #1 Continue development of the youth /student involvement initiatives #2 Assist, where possible, the Comal Settlement Association and /or the Cibolo Valley Community Museum Association (CVCMA) in projects designed to promote area historic preservation /restoration projects. #3 Collaborate with City Staff and the City Council in affecting implementation of a plan for activation of the 2010 General Obligation Bond Proposition #4 as approved by voters November 2, 2010. 11 Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: February 5, 2019 Department: Subject: City Secretary Minutes The City Council held a Regular City Council meeting on January 22, 2019. FISCAL IMPACT None Staff recommends Council approve the minutes of the regular meeting of January 22, 2019. ATTACHMENTS Minutes of the regular meeting of January 22, 2019. MINUTES REGULAR MEETING JANUARY 22, 2019 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January22, 2019, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Allison Heyward Staff Present: Executive Director Brian James City Secretary Brenda Dennis Assistant to City Manager Sarah Gonzalez Mayor Carpenter called the regular Texas. (Councilmember Gutierrez) Councilmember Gutierrez provid the Flags of the United States and yors Dobi Jr. Fayeth' opening 1 of Texas. Mayor Pro -Tern David Scagliola Edwards Manager Dr. M Attorney Habib at 6:00 p.m. followed by the Pledges of Allegiance to and Student Councilmembers for the Day. (Mayor 8th Grade Isaac Mokrane and Corbett Jr. High, 8th Grade Student Counc hnembers — Dobie Jr. High, 7th Grade Annalise Kemter and Corbett Jr. D High, 7th Grade'awn Ridge Mayor Carpenter recognized City Secretary Brenda Dennis who provided information . regarding the program. Ms. Dennis thanked the following for their participation today: Mayor Carpenter, Mayor Pro -Tern Scagliola, Councilmembers Gutierrez and Heyward, City Manager Mark Browne, and many of the staff members that helped put the program together. Student Mayors and Student Councilmembers for the day introduced themselves and provided information on what they observed and learned. Mayor Carpenter presented 01 -22 -2019 Minutes Page - 1 - each student with a certificate of appreciation and plaque for their participation and gave a quick overview of the program. • Presentation regarding the 2018 Healthy Workplace Recognition Program in collaboration with the San Antonio Mayor's Fitness Council. (J. Kurz /L. Cox) H.R. & Purchasing Director Jessica Kurz gave a short presentation about the recognition Schertz recently received. The city received the Gold level award, for workplace wellness. Hearing of Residents Mayor Carpenter gave an opportunity for residents to be • There were several residents that spoke concern ; the p City of San Antonio at Boenig and Graytow Roads. presentation were made concerning the negative impa( consensus of all the residents listed below W' As V imp resolution in opposition to deal with the rezoning issue a Katherine Perry 7102 Delaine l Susan P iliquin 6903 Hallie He Ricky Evans —10424 Ivy Flower Bobby Harris — 1 Ernest Thorrrpsoi Kari Ortiz 6908 Turner — 7109 Delaine Park 151` Jody Heights — 672 Hallie Heights )posed rezoning of 65 acres in the Many comments and one visual of this proposed ,rezo ing. The re the City Council, to take up a I be a voice for the residents. Hallre'Helghts 6529 Ivy Misty — 6526 Tallow Way — Come up with Plan B /Compromise — 6915 Hallie Height • Dana Eldridge -,2628 Gallant Fox Dr.- Concerned about being overcharged for water rates. Concern was also raised about the accuracy of meter readings to set new rates for sewage. • Brent Boltor — 2633 Cloverbrook Ln — Knowing there were problems with the water meters, why didn't we have a plan of action to deal with the fact that we wouldn't get normal readings? • Peggy Turner — 7109 Delaine Park — Expressed concern about illegal dumping from builders. Asked for the City of Schertz to increase the Police presence in their area. • Michelle & Jeff Womack — 2944 Mineral Springs — Having inaccurate water meter readings. 01 -22 -2019 Minutes Page - 2 - Mayor Carpenter gave the City Secretary a directive to put the San Antonio proposed rezoning at Boenig and Graytown Roads on the next agenda (02 -05 -2019) for possible discussion /action. Consent Agenda Items Mayor Carpenter read the following consent agenda items: 1. Minutes — Consideration and /or action regarding the regular meeting of January 8, 2019. (B. Dennis) The following was read into record: Approval of the minutes of the regular meeting 2. Appointments to the various City ,fords, Co Consideration and /or action appointing Glen Outlaw Commission. (Mayor /Council) The following was read into Appointment of Glen Outlaw to the Building and Standards the minutes of the 2019. ssion ana c mlttees — the Building and Standards •fi r\ _ e t = 1111 e r 12.94 r 4. Ordinance N0, l T=03 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz Texas authorizing an adjustment to the Fiscal Year 2018- 2019 Budget, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. Final reading (B. James /J. Walters) The following was read into record: 01 -22 -2019 Minutes Page - 3 - ORDINANCE NO. 19 -T -03 CONSIDERATION AND /OR ACTION APPROVING AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FY 2018 -19 BUDGET TO PROVIDE ADDITIONAL FUNDING FOR THE CORBETT ELEVATED WATER TANK PROJECT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 5. Resolution No. 19 -R -02 — Consideration and /or action of a contract with Landmark Structures I, L.P. relating to Elevated Tank Project (B. James /K. Woodlee /S. McClella The following was read into record: 19 MIT1111U I [e7 ►a RI 7 A RESOLUTION BY THE CITY COUNCI TEXAS, AUTHORIZING A CONTRACT WI" L.P. RELATING TO THE CONSTRUCTION TANK PROJECT. 11 lution authorizing )n of the Corbett E CITY OF SCHERTZ, MARK STRUCTURES I, CORBETT ELEVATED ictioh approving a Resolution ; t lity Billing Debt Revenue adjustments for certain inactive NO. 19 -R -01 A RESOLUTION BY THE'CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS, UTILITY BILLING DER, REVENUE ADJUSTMENTS AND SCHERTZ MAGAZINE DEBT REVENUE ADJUSTMENTS FOR CERTAIN INACTIVE OUTSTANDING RECEIVABLES AND OTHER MATTERS IN CONNECTION THEREWITH. 7. Resolution No..19-R -06 — Consideration and /or action approving a Resolution authorizing a Payroll and Human. Resources Service Agreement with ADP, and other matters in connection therewith (B. James /J. Walters /L. Cox) The following was read into record: 01 -22 -2019 Minutes Page - 4 - RESOLUTION NO. 19 -R -06 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PAYROLL AND HUMAN RESOURCES SERVICE AGREEMENT WITH ADP, AND OTHER MATTERS IN CONNECTION THEREWITH 8. Resolution No. 19 -R -07 — Consideration and/or action approving a Resolution authorizing the City Manager to enter into an agreement for =the purchase of one (1) Ford F550 Emergency Response Vehicle at a not to excel �amouiit of $53,000.00. (B. James /K. Long) The following was read into record: RESOLUTION The . 19 -R -08 'ITY OF SCHERTZ, TEXAS Z INTO AN AGREEMENT EMERGENCY RESPONSE 000. irov,ing a Resolution by the City ures with Burch Roofing totaling irs during the 2018 -2019 Fiscal J. Harshman/T. Buckingham) A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES WITH BURCH ROOFING TOTALING NO MORE THAN $65,000.00 TOR ROOFING REPLACEMENT AND REPAIR DURING THE 2018 -2019 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH 10. Resolution -No. 19 -R�09 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas supporting an extraterritorial jurisdiction agreement with the City of San Antonio and other matters in connection therewith. (B. James /K. Kinateder) The following was read into record: 01 -22 -2019 Minutes Page - 5 - RESOLUTION NO. 19 -R -09 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS SUPPORTING AN EXTRATERRITORIAL JURISDICTION AGREEMENT WITH THE CITY OF SAN ANTONIO AND OTHER MATTERS IN CONNECTION THEREWITH 11. Resolution No. 19 -R -10 — Consideration and /or action approving >a Resolution by the City Council of the City of Schertz, Texas approving aril authorizing a Waterline Easement Agreement across Private Property from '' Eleven, INC. a Texas Corporation and other matters in connection therewith. B. James /1, Hooks) The following was read into record: RESOLUTION `0._ :19 -R -1 A RESOLUTION BY THE CITY COUNCIL OI APPROVING AND AUTHORIZING WATERI. ACROSS PRIVATE PROPERTY 11 FROM CORPORATION AND OTHER MATTERS IN 1 Mayor Carpenter recognized Council it under Discussion and Action Items. CITY OF SCHERTZ, TEXAS EASEMENT AGREEMENTS LEVIN, INC. A TEXAS ECTI<ON THEREWITH asked to pull Item 8 and place Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Edwards to approve consent agenda items 1 -7 and 9 -11. The vote was unanimous with � 1V ayor .Piro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Heyward and =Brown voting for and no one voting no. Motion 8. Resolution No. 19 -R -07 — Consideration and /or action approving a Resolution authorizing the City ,Manager to enter into an agreement for the purchase of one (1) Ford F550 ErrergenyResponse Vehicle at and not to exceed amount of $53,000.00. (B. James /K. Lone The following was read into record: RESOLUTION NO. 1.9 -R -07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF ONE (1) FORD F550 EMERGENCY RESPONSE VEHICLE AT AND NOT TO EXCEED AMOUNT OF $53,000. 01 -22 -2019 Minutes Page - 6 - Councilmember Edwards questioned if this amount included the truck being completely outfitted. Assistant Fire Chief Kyle McAfee noted this is not a typical fire truck, it is a tow vehicle intended for pulling a trailer. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Gutierrez to approve Resolution No. 19 -R -07. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis,,Gtttierrez, Larson, Edwards, Heyward and Brown voting for and no one voting no. Motion Passed. Carpenter recognized ,'Executive Director Brian James who introduced this item ng questions from Council. the pubic hearing for comments and recognized the following: • Michell - Tereskley — 705 Marilyn Dr.- asked for clarification on impervious coverage restriction versus improvements of the overall property in the flood plain. • John Sullivan — 513 Triple Crown — Questioned if we remembered the original goal of the flood plain restrictions. Mayor Carpenter closed the public hearing for Council comments and questions. Executive Director Brian James addressed both questions /concerns heard under the Public Hearing. 01 -22 -2019 Minutes Page - 7 - Councilmember Edwards asks for clarification on the percentage annually per home in the flood plain. Executive Director Brian James addressed questions per improvements in the flood plain for homes. Councilmember Brown commented on the "common sense" aspect of this ordinance. Mayor Carpenter moved from the Chair seconded by ( Ordinance No. 19 -S -02 on first reading. The vote was Scagliola, Councilmembers Davis, Gutierrez, Larsoli voting for and no one voting no. Motion Passed. 13. Resolution No. 19 -R -03 — Consideration and /or action with Ford Engineering Inc., totally no more than Engineering Services for the Schertz Pedesp Ro James /K. Woodlee /S. McClelland) The following was read into 1 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ADDIT111ONAL EXPENDITURES WITH FORD ENGINEERING INC. TOTALING NO - , MORE THAN $32,423.00 FOR PROFESSIONAL ENGINEERING SERVICES FOR THE SCHERTZ PEDESTRIAN ROUTES & BIKE LANES PROJECT. Cecilia Palomo who introduced this item May Carpenter recognized Councilmember Gutierrez who moved seconded by Councilmember Davis to approve Resolution No. 19 -R -03. The vote was unanimous with Mayor Pro -Tem cagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Heyward "and Brown voting for and no one voting no. Motion Passed. City Engineer Kathy Woodlee further clarified the design and stated construction may or may not kick off at the same time on this project. Roll Call Vote Confirmation Deputy City Secretary Gayle Wilkinson provided the Roll Call Vote Confirmation for agenda items 1 -13. Workshop 01 -22 -2019 Minutes Page - 8 - • Workshop discussion regarding Parks Maintenance Program. (B. James /L. Shrum) Parks Director L. Shrum gave a power point and asked for direction from City Council on how to proceed with the extra funding Parks received to address Parks projects. The three aspects being — Repair, Renovate and/or Reimagine. Councilmember Davis spoke concerning the standard being all three aspects "Repair, Renovate and Reimagine" used collectively. It should be all, three with an emphasis on safety and maintenance. Every park is a case by case', issue and all should be well maintained, have nice safe features, and be pleasant to the eye. Councilmember Gutierrez noted we have 26 assessed individually for specific needs. He standard is a combination of all three aspects " 1 Councilmember Edwards stated we sl budget to ensure our parks are properly > to maintain. Each park should be I' safety is the priority and agrees the Renovate, and Reimagine." e regular maintenance into our parks Mayor Pro -Tern Saliola advised do what :you can with the money you have available now and ,cone up with,a, game plan on homv best to use the resources. Safety is first, take care ofthe'park we have making sure they are in good repair. Park Department to put together a budget the way Mayor Carpenter stated he would like to see the Parks Department and the Parks and Recreation ;] bard develop a list of priorities to get the city the most bang for our dollars. Safety and required repairs should be first and foremost. Larson would like to see how we could get to a point of renovations above the repairs. Councilmember Heyward asks if there are grants available for the parks. Parks Director L. Shrum clarified that grant money is available for new development and not many for existing parks. 01 -22 -2019 Minutes Page - 9 - Executive Director Brian James clarifies what directive Council collectively gave. • Workshop discussion regarding an overview of the purchasing process and amendments to the Purchasing Policy. (B. James /J. Kurz /J. Gohlke) Purchasing and Asset Manager Julie Gohlke provided a comprehensive Power Point presentation on our purchasing process and amendments made to streamline and make the process more efficient. Councilmember Gutierrez asked about possible training of staff for certifications as opposed to outsourcing. He also notes his appreciation to stiff for their proactive approach to stay on top of maintenance issues. Executive Director Brian James clarified the ssuec of outsourcing verses certifying personnel. City Manager Dr. Browne commends the team f r doing an outstanding job. • Discussion and consideration and/or action regarding the confirmation, appointment or election of the Mayor Pro-Tem. (Cou Mayor Carpenter recessed into closed session at 8:11 p.m. and read the following: 14. City Council will meet in closed session under Section 551.071 of the Texas Government Consultation with the City Attorney regarding pending or contemplated litigation. - EEOC Claim — Former Employee Michael Harris 15. City Council will meet in closed session under section 551.071 of the Texas Government Consultation with the City Attorney regarding pending or contemplated litigation: - GVSUD vs City of Schertz 01 -22 -2019 Minutes Page - 10 - • "Saturday, January 26 "', Chamber Health and Wholeness Fair, 11:00 am-2:00 pm, None made • Announcements and recognitions by the Mayor. (M. Carpenter) Recognition was made to Kung Jung Mu Sul Martial Arts Facility — they had a group visiting from Korea and put on a wonderful performance. 01-22-2019 Minutes Page -11- Requests and Announcements • Councilmember Edwards asked for a point of privilege in reference to Item 16a to let the viewing public know the charges that were made were baseless, unfounded and embarrassing. • Announcements by the City Manager. None provided. • Requests by Mayor and Councilmembers that items be agenda. • Announcements by Mayor and C City and community events attended and City Council Committee and Liaison Asp Continuing education events attended an. Recognition of actions by City employee Recognition of actions by community o Mayor Pro -Tem will donate the p policy is not to questioned the Adiournment As there was no on a future City Council (see assignments below) lber Mixer and won the prize. He a fire truck. ae of using feather signs in Schertz. The city's -efi several locations noted with them. He also pod being on site during renovations. she attended the Northeast Partnership, the TML Newly Aar Bear Plunge (without plunging), The Winter Reading and the JBSA Randolph Taskforce. Mayor Carpenter adjourned the meeting at 9:13 p.m. Michael R. Carpenter, Mayor ATTEST: Gayle Wilkinson, Deputy City Secretary 01 -22 -2019 Minutes Page -12 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: February 5, 2019 Department: Subject: City Manager's Officer Ordinance No. 19 -S -02 — Consideration and /or action approving an amendment of Part II1, Schertz Code of Ordinances, Unified Development Code (UDC), Article 4 Section 21.4.9 Designation of Landmark Properties and Heritage Neighborhoods and Article 13 Section 21.13.3 B Definitions Substantial Improvement. (Final Reading) (B. James /B. James) As stated in the Unified Development Code (UDC), City Council from time to time, on its own motion, or at the recommendation of City Staff make amendments, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. Based on the update to the Comprehensive Land Use Plan and changes in development it has becomes necessary to update the UDC. Designation of Landmark Properties and Heritage Neighborhoods Staff is proposing to eliminate UDC Sec. 21.4.9 from Article 4 Procedures and Applications. This section established the process for properties to be designated as Landmark Properties or Heritage Neighborhoods. These are intended as honorary designations. As staff was working with the Schertz Historical Preservation Committee on changes, it was deemed more appropriate to not include this in the UDC. As such, staff is going to seek Council approval of a resolution adopting the modified standards, but just not as part of the UDC. F000dplain Staff is proposing to amend UDC Sec.21.1.3.3 Definitions for the definition of Substantial Improvement. The Federal Government establishes minimum standards for floodplain management if their residents are to receive a subsidy for flood insurance; however, they may adopt higher standards. Currently the City has adopted a higher standard for Substantial Improvement for structures in the floodplain. This has proven problematic and an obstacle for redevelopment along Main Street. As such staff is making a recommendation to amend the UDC to adopt the minimum standard. City Council Memorandum Page 2 The current standard requires structures to be elevated or floodproofed if the cumulative value of the improvements exceeds 50% of the value of the structure as it existed from the adoption date of the ordinance (2013). As one may imagine, many structures had a lower value in 2013 than today or than they will in the future. Given how broad the definition of improvements is (replacing a broken AC or water heater, reroofing a structure, etc.), the current standard is proving to be problematic. Staff is proposing to amend the UDC to adopt the minimum standard — the value of the improvements over one year cannot exceed 50% or the structure must be floodproofed or elevated. The value of the property can be determined by the valuation listed with the appraisal district or an appraisal of the property. City Council approved this on first reading at their meeting of January 22, 2019. Goal Promote the history and culture of the City of Schertz as well as maintain the vitality of the areas of Schertz that are within the floodplain. Community Benefit Recognize structures of significance to the community's past and allow for reasonable investment and maintenance of structures within the floodplain. Summary of Recommended Action Approve the proposed ordinance on final reading. FISCAL IMPACT None I.l xKQu 10191 171741 [930 Approval of Ordinance 19 -5 -02 on final reading. At the December 12, 2018 Planning & Zoning Commission meeting, staff made the recommendation to the Commission that the item be recommended for approval. Planning & Zoning Commission recommended that City Council approve the proposed UDC amendment with a 4 -0 vote. 1/ V ML Ordinance 19 -5 -02 ORDINANCE NO. 19 -S -02 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 4 SECTION 21.4.9 DESIGNATION OF LANDMARK PROPERTIES AND HERITAGE NEIGHBORHOODS AND ARTICLE 13 SECTION 21.13.3 B DEFINITIONS SUBSTANTIAL IMPROVEMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain revision and updates to, and reorganization of, the Current UDC; WHEREAS, on December 12, 2018 the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on January 22, 2019 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendments are appropriate and in the interest of the public safety, health and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current UDC is hereby amended by replacing the existing language found in Sec.21.13.3 B (entitled "Definitions: Substantial Improvement") with the language set forth in Exhibit "A ", attached hereto and incorporated herein for all purposes. Section 2. The current UDC is also hereby amended by removing Section 21.4.9 ( "Designation of Landmark Properties and Heritage Neighborhoods'). 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. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 8. 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 9. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Approved on first reading the 22nd day of January, 2019. PASSED, APPROVED AND ADOPTED on final reading the 5th day of February, 2019. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit /\ Unified Development Code B. Definitions SUBSTANTIAL IMPROVEMENT means any reconetnuoUon, nahabi|dation, addition, or other improvement of a structure or any series of reconotnucUono, nehabi|itaUona, additiono, or other improvements of a structure, the cumulative cost of which over the calendar year equals or exceeds fifty percent (50%) of the value of the structure. The value of the structure is established by the appraisal district valuation oranappraisal. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2] Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." Agenda No. 3 City Council Meeting: February 5, 2019 Department: City of Schertz Economic Development Corporation (SEDC). Subject: Resolution No. 19 -R -II — Consideration and /or action approving a Contact Information Amendment and a Change of Name Amendment among Amazon.com.kydc LLC, the City of Schertz, and the City of Schertz Economic Development Corporation. (M. Browne /K. Kinateder) BACKGROUND Amazon.com.kydc LLC. ( "KYDC ") is the legal entity associated with the economic development incentive agreement for the Amazon facility in Schertz. The City of Schertz Economic Development Corporation ( "SEDC ") received a letter informing our office that, effective January 1, 2019, the legal entity KYDC would be merged into Amazon.com Services, Inc. ( "ASI "), a corporation organized and existing under the laws of the State of Delaware. Both KYDC and ASI are wholly -owned subsidiaries of Amazon.com, Inc. As a result of the merger, ASI will succeed to all rights, duties, and obligations of KYDC under the incentive agreement. ASI has significantly more assets than KYDC. As part of this merger, KYDC and 10 other subsidiaries of Amazon.com, Inc. will be rolled up into ASI. The merger was part of an initiative to simplify the corporate structure and reduce the number of subsidiary operating entities that Amazon.com, Inc. uses. COMMUNITY BENEFIT There are no substantial changes associated with this action. FISCAL IMPACT There are no fiscal impacts associated with this action. SUMMARY OF RECOMMENDED ACTION Approval of Resolution No. 19 -R -11. At the January 24, 2019 SEDC Board of Directors Regular Monthly Meeting, staff made the recommendation to the Board that the item be recommended for approval. The Board approved the proposed amendments unanimously. ATTACHMENTS Resolution 19 -R -11 RESOLUTION NO. 19 -R -11 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING A CONTACT INFORMATION AMENDMENT AND A CHANGE OF NAME AMENDMENT AMONG AMAZON.COM.KYDC LLC, THE CITY OF SCHERTZ, AND THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, On November 6, 2012 the City of Schertz ( "the City"), the Schertz Economic Development Corporation ( "the SEDC "), and Guadalupe County ( "the County ") entered into an Economic Development Incentive Agreement (the "Agreement ") with Amazon.com.kydc LLC (the `Developer "); and WHEREAS, throughout this Agreement, the Developer has maintained its compliance with the Agreement and certified annually through the Annual Report; and WHEREAS, the Developer has informed the SEDC that the legal entity of the Developer will be merged into Amazon.com Services Inc. ( "ASI ") which is a wholly -owned subsidiary of Amazon.com, Inc. As result of the merger, ASI will succeed to all rights, duties and obligations of the Developer under the Agreement; and WHEREAS, under Resolution 13 -R -29 the City of Schertz City Council, with recommendation for approval by the SEDC Board, authorized the Change of Name Amendment form to reflect a change in the organization's legal name; and WHEREAS, under Resolution 13 -R -17 the City of Schertz City Council, with recommendation for approval by the SEDC Board, authorized the Contact Information Amendment form to amend contact information and to identify certifying officers associated with an agreement; and WHEREAS, the SEDC Board of Directors met on January 24, 2019 and unanimously approved SEDC Resolution No. 2019 -2 authorizing the Change of Name Amendment attached hereto as Exhibit A and the Contact Information Amendment attached hereto as Exhibit B between the City of Schertz Economic Development Corporation and Amazon.com.kydc LLC subject to the separate approval by the City of Schertz and Guadalupe County. THAT: Section 1. The City Council hereby authorizes the Change of Name Amendment attached hereto as Exhibit A and the Contact Information Amendment attached hereto as Exhibit B between the City of Schertz Economic Development Corporation and Amazon.com.kydc LLC subject to the separate approval by Guadalupe County. 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 5th day of February, 2019 Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor M EXHIBIT A 004 1 -3- CHANGE OF NAME AMENDMENT This Amendment has been approved in form by the City of Schertz (the "City ") and the City of Schertz Economic Development Corporation (the "SEDC ") as an amendment to update a change of name relating to an existing Economic Development Incentives Agreement dated November 6, 2012 (the "Agreement ") among the City, the SEDC, and your organization (the "Company "). INSTRUCTIONS TO COMPLETE THIS AMENDMENT Company Information: Under A below, insert the original legal Company name together with the type of organization (e.g., corporation, limited liability company, etc.) and the state of organization (e.g., Texas, Delaware, etc.) as it appeared on the original Agreement. Under B below, insert the current legal Company name together with the type and state of organization. Execution: On page 2, date, sign, and print the name and title of the person signing this Change of Name Amendment on behalf of the Company. A. Original Company Name: Amazon.com.kydc LLC Type of Organization: Corporation State of Organization: Delaware B. Current Company Name: Amazon.com Services, Inc. Type of Organization: Corporation State of Organization: Delaware This Amendment does not reflect an assignment of the Company's interests under the Agreement or a sale of the Company or the assets subject to the Agreement. It solely reflects a change in the legal name of the Company. Except as amended by this Amendment, the Agreement remains in full force and effect. Please forward one original signed and dated Amendment to the following address: The City of Schertz Economic Development Corporation Attention: Executive Director 1400 Schertz Parkway Schertz, Texas 78154 The Amendment will then be signed on behalf of the City and the SEDC, and a copy of the fully signed Amendment will be returned to the Company. The undersigned hereby certifies that he/she is authorized to sign this Amendment on behalf of the Company. EXECUTION This Amendment is signed on behalf of the Company, the City and the SEDC. COMPANY Amazon.com Services, Inc. (Name of Company) R-A (Print Name) Vice President (Title) (Date) CITY OF SCHERTZ, TEXAS Lo City Manager CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION 0 SEDC President 2, EXHIBIT B L-40101�' 1 m CONTACT INFORMATION AMENDMENT This Amendment has been approved in form by the City of Schertz (the "City ") and the City of Schertz Economic Development Corporation (the "SEDC ") as an amendment to update contact information for an existing Economic Development Incentives Agreement dated November 6, 2012 (the "Agreement ") among the City, the SEDC, and your organization (the "Company "). The information you provide below will be used for all notices to be provided to the Company under the Agreement. 11120 1 Rife I 1411MV 1 1U_' 111111 111111 111111 ►/ \10 Company Name: Under A below, insert the correct legal name of the Company. Notice Information: Under B below, insert the preferred Company contact information, including Company name, street address, city, state, zip code, name and title of the person to receive notices, together with that person's facsimile telephone number and e -mail address. (In addition, the person named in BI below identifies who in the Company will provide periodic certifications under the Agreement to the City and the SEDC on behalf of the Company.) Under B2 and B3 below, identify similar contact information for additional persons, if any, who should receive copies of notices to the Company. (Additional notice parties are entirely optional on the part of the Company.) Execution: On page 3, date, sign, and print the name and title of the person signing this Contact Information Amendment. 11/ ZEN9 VA _0 11101 _.U: I V 11. A. Name of Company: Amazon.com Services, Inc. B. Notice Information: 1. If to: Amazon.com Services, Inc. (Company Legal Name) 2121 7th Avenue (Street Address) Seattle, WA 98121. (City, State, Zip Code) Senior Manager, Economic Development (Attention: Name & Title) (206) 747 -4311 (Facsimile) economicdevelopment (aamazon.com (E -Mail) 2. (Optional) With copy to: 3. (Optional) With copy to Amazon.com Services Inc. (Business Name) 2121 7th Avenue (Street Address) Seattle, WA 98121 (City, State, Zip Code) Compliance Manager, SAT1 (Attention: Name & Title) (206) 747 -4311 (Facsimile) economicdevelopment@amazon.com (E -Mail) Amazon.com, Inc. (Business Name) P.O. Box 81226 (Street Address) Seattle, WA 98108 -1226 (City, State, Zip Code) General Counsel (Attention: Name & Title) (206) 266 -7010 (Facsimile) contracts- legal(a@mazon.com (E -Mail) For the Company's records, the current City and SEDC contact persons are as follows: If to the SEDC: If to the City: With a copy to: City of Schertz Economic Development Corporation 1400 Schertz Parkway Schertz, Texas 78154 Attention: Executive Director City of Schertz, Texas 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager Denton, Navarro, Rocha, Bernal, & Zech. A Professional Corporation 251.7 N. Main Avenue San Antonio, Texas 78212 Attention: Charles E. Zech. City Attorney - City of Schertz Facsimile: (210) 225 -4481 Email: eharles.zeeh @rampage- sa.com Except as amended by this Amendment, the Agreement remains in full force and effect. Please forward one original signed and dated Amendment to the following address: The City of Schertz Economic Development Corporation Attention: Executive Director 1400 Schertz Parkway Schertz, Texas 78154 The Amendment will then be signed on behalf of the City and the SEDC, and a copy of the fully - signed Amendment will be returned to the Company. The undersigned hereby certifies that he /she is authorized to sign this Amendment on behalf of the Company. [REMAINDER OFPAGE INTENTIONA LL Y LEFT BLANK) This Amendment is signed on behalf of the Company, the City and the SEDC. COMPANY Amazon.corn Services, Inc. (Name of Company) M. (Print Name) Vice President (Title) (Date) CITY OF SCHERTZ, TEXAS Lo (Print Name) City Manager CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION Lo (Print Name) SEDC President .4" t'ff -1, (J' Agenda No. 4 1411111 LKI10041IELTA 1 0101 [o] 7_1011001 City Council Meeting: February 5, 2019 Department: City Manager Office Subject: Resolution No. 19 -R -16 Authorizing the City Manager to extend the contract of Jackson A &E Associates, Inc., the City's Owner's Representative for City construction projects. Background In November 2011 the City Council authorized a contract with Jackson A &E Associates, Inc. for the provision of Owner's Representative services for City construction projects. Since that time, Phil Gaudreau, Managing Principal has worked with City staff on a variety of construction projects to include the Animal Adoption Center, the Schertz Aquatic Center, Schertz Soccer Complex, Dog Park, Senior Center renovations, repair of window wall at the Recreation Center and the water - proofing of Fire Station 2. An extension was approved on February 17, 2018 to allow him to continue to work on Fire Station 3 and renovations to the Recreation Center locker rooms. An amendment was also done to allow him to work on the Playscape restrooms. As an Owner's Representative, Mr. Gaudreau brings decades of experience and expertise in building construction to aid the City in making sure that our facility construction projects are completed at or below planned cost, at a high - quality level. Each of these projects is managed by a Department Head, however, none of our Department Heads are construction experts. The Owner's Representative works to monitor the design and construction of City projects continuously which places an expert review in place to back -up the Department Head. This also allows the Department Head to continue to manage the day to day affairs of their department and to lean on the Owner's Representative for the knowledge and expertise that they may not have in the construction world. Since the original contract, the City has extended the Jackson A &E Associates contract five times. In each of these extensions, projects have been assigned for the contractual period and the City has always had a clause that we could add additional work that might come up during the extension period. This additional work would be included in the base price of the contract. The latest contract extension will expire in February 2019. City Staff has asked Jackson A &E Associate to provide us with a proposal for one more extension. With this extension staff has asked them to limit the work to one project, Fire Station 3. Staff believes with the work the Mr. Gaudreau has put into this project it would be highly disruptive and cause further delays to remove him from this project now. Staff will be proposing to begin a Request for Qualifications process in February to provide Owner's Representative services. As with the on -call engineering contracts, which allow for extension, it is appropriate to periodically evaluate firms interested in providing these services. After completing the RFQ process, staff intends to return to Council to approve a new Owner's Representative. This new Representative will be contracted on an "on -call" basis much like our engineers on call that support our Engineering Department. This firm will provide us a fee schedule and when we have projects, staff will be able to engage them to perform services, but we will not be paying a monthly fee if projects are not there for them to manage. Goal For City Council to authorize the City Manager to enter into a contract extension with Jackson A &E Associates, Inc. for Owner's Representative Services for design and construction of Fire Station 3. Fiscal Impact The extension of this agreement is on a fee schedule of $11,000 per month, not to exceed $132,000. This does not include expenses. Recommendation Approval of Resolution 19 -R -1.6 Attachment(s) Resolution 19 -R -16 Contract Extension Agreement, Jackson A &E Associates RESOLUTION NO. 19 -R -16 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO EXTEND THE CONTRACT OF JACKSON A &E ASSOCIATES, INC., THE CITY'S OWNER'S REPRESENTATIVE FOR CITY CONSTRUCTION PROJECTS. WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City continues to require professional services relating to monitoring and managing a City capital improvement project on behalf of the City; and WHEREAS, City staff has determined that Jackson A &E Associates, Inc. is uniquely qualified to provide such services for the City; and WHEREAS, pursuant to Section 252.022(a)(4) of the Texas Local Government Code, the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to execute the contract extension with Jackson A &E Associates, Inc., pursuant to the Professional Services Agreement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section l.w The City Council hereby authorizes the Acting City Manager to execute and deliver the Agreement with Jackson A &E Associates, Inc., in substantially the form set forth on Exhibit A, totaling no more than $1.32,000. Section 2.w 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.w 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.w 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.w 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.w 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.w This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 5th day of February, 2019. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A ON CALL ENGINEERING PROJECT AGREEMENT F.'s JACKSON qtr JACKSON A ASSOCIATES, INC. Architectural and Engineering Consulting. 2204 Grayson Road - McKinney, Texas 75070.214- 673 -7557 • www.jacksonae.com ASSOCIATES November 30, 2019 Mr. Brian James Interim City Manager City of Schertz, Texas 1400 Schertz Parkway Building 2 Schertz, Texas 78154 RE: Proposal for Owner's Representative Services Dear Mr. James: Jackson A&E Associates, Inc. (JA&E) is pleased to submit this Proposal to perform Owner's Representative Services for the City of Schertz, Texas. We appreciate the opportunity to provide our professional services and look forward to continuing working with the City of Schertz staff. Presented below is our understanding of the proposed project and the proposed scope of services, as well as, information about the potential project schedule, fee structure, terms and conditions and authorization documents. PROJECT INFORMATION The project consists of the provision of Owner's Representative Services for tasks as directed by the City of Schertz (City), Texas to continue to assist in the construction process for Fire Station Number 3. The City will provide all information available regarding the project site and surrounding utilities, including any details regarding road and infrastructure improvements necessary. SCOPE OF SERVICES IACKSON %ity of Schertz, Texas -SAM Proposal November 30, 2019 Fire Station #3 - Schertz, Texas Page 2 of l l ASSOCIATES The Total Scope of Services for Owner's Representation Services for the above project is proposed to follow through until the completion of Fire Station Number 3 or twelve months beginning March 1, 2019. EXCLUDED SCORE ITEMS The following items are excluded from the Scope of Services: Coordination of the purchase and installation of furniture, fixtures and equipment and other direct purchase vendors Post construction control and administration Facilitation of formal partnering with the entire project team throughout the project Coordination of any required formal dispute resolution in concert with City Attorney Participation in the development and implementation of a project commissioning plan Move management ADDITIONAL SERVICES Additional services for this project may be added to the Scope of Services by written scope and an Agreement Amendment. .Jackson A &E Associates, Inc. can continue to work on this project upon receipt of your written acceptance of this proposal and understands that the desired time frame for project initiation is immediate. A secure office space and facility access will be provided by the City for.JA &E's use and storage of project plans and documentation. PROFESSIONAL SERVICE FEES The fee for jA &E's professional services on the Project as described in this proposal is I AC KSO N ASSOCIATES Uty of Schertz, Texas -SAM Proposal November 30, 2019 Fire Station #3 - Schertz, Texas Page 3 of I I based upon the information provided for the project, the Scope of Services only, the time frame anticipated, the referenced terms and conditions, and is $11 000.00 per month with a not to exceed value of $132,000.00 which does not include expenses. Travel to and from Schertz, lodging, automobile rental, meals and parking costs shall be reimbursed at the actual costs plus a ten percent markup. Reasonable telephone, postage and copying expenses are included. One color paper copy and one electronic copy (in PDF format) of all correspondence and reports are included. Other reimbursable expenses or direct costs attributable to the project required will be billed in addition to these with no markup. Professional Liability Insurance cost, if required, shall be billed at the actual cost plus ten percent. Any additional professional services required beyond this scope will be billed at the rate of $200.00 per hour. Professional services related to legal proceedings shall be billed at one and one-half times the scheduled rate. moomm� City agrees to payJA&E's invoice upon receipt. If payment is not received within 30 days from the City's receipt of JA&E's invoice which is considered past due, City agrees to pay a service charge on the past due amount at the greater of 1% per month or the allowable legal rate, including reasonable attorney's fees and expenses if collected through an attorney. After five days prior notice to City, JAM may suspend services until paid on any project where payment of invoiced amounts not reasonably in dispute is not received byJA&E within 45 days of City's receipt of JAM's invoice. City receipt of invoice will be presumed one day after hand or electronic delivery. Jackson A&E Associates, Inc. understands your need for Owner's Representative Services and is committed to providing you responsive, effective and timely consulting services on this project. To authorize this proposal, please return one signed copy of the Contract for our files. This proposal, with the attached Terms and Conditions, will constitute the agreement for this project Respectfully submitted, ]A[KSC)M UtyofSchertz'Tesa- JAMPmpma - -- --- FireStation#] - Schertz Texas ASSOCIATES ' Jackson A&E Associates, Inc. Q41CA-4-' Philip R Gaudreau, Assoc A|/iCSI Managing Principal November ]O.ZOl9 City of Schertz, Texas Brian James, Interim City Manager I AC KSO N tity of Schertz, Texas -SAM Proposal November 30, 2019 Fire Station #3 - Schertz, Texas Page 5 of I I ASSOCIATES SCOPE OF SERVICES OWNER REPRESENTATION SERVICES CONSTRUCTION MONITORING AND CONTRACT CLOSEOUT During the Construction Monitoring phase, we will: A. Make scheduled bi-weekly site review visits to the Project and such additional site review visits, as directed by City, to observe the quality of workmanship, substantiation of costs in place and the adequacy of balances complete, and the status of construction completion. B. Review and provide additional information for construction reports submitted to those interested parties that includes information concerning the description of obvious conflicts, deficiencies and omissions between the construction observed in place and the contract documents. In addition, outstanding defects or deviations noted in previous construction reports will be described noting the correction or resolution, if any. C. Report on the progress of the construction to date in relation to the Construction Manager's projected construction schedule, noting concerns or issues with sequencing or completion timing. D. Review existing and ongoing soils, structural steel, concrete and other testing results (as prepared by others) for compliance with specification requirements and describe the effect, if any, upon the use of the structure in the event of a deficiency. E. Notify the City of unsatisfactory work or plan deviations observed, and review and report on corrective action taken. F. Review the construction progress to date to determine that the work has been generally accomplished in a good and workmanlike manner and is in general accordance with the intent of the contract documents. I AC KSO N Uty of Schertz, Texas -SAM Proposal November 30, 2019 Fire Station #3 - Schertz, Texas Page 6 of I I ASSOCIATES G. Provide quality, labeled, color or digital photographs, if desired, within the Construction Report(s) to more explicitly relate to the observations described. H. Review monthly reports and draw requests, as well as proposed changes in order to provide opinion to City as to the appropriateness of the progress and request for funds with respect to percent complete of work items. During the Contract Closeout phase and upon substantial completion of the Project, we will: I. Assist in the creation of the City's punch list. J. Review the Architect's punch list identifying the remaining items necessary for correction and completion of Contractor's work and evaluate whether said list is complete and correct based on previous monthly observation, and see to the timely completion and resolution of such items on the punch list. IACKSO %ity of Schertz, Texas - JA &E Proposal November 30, 2019 Fire Station #3 - Schertz, Texas Page 7 of l l ASSOCIATES TERMS AND CONDITIONS Jackson A &E Associates, Inc. QA &E) is pleased to provide the services described in the foregoing proposal. The purpose of this document is to obtain your authorization for the work requested and the terms and conditions under which these services are provided as shown on this document. Compensation for services rendered will be based on the attached rate schedule (or as otherwise indicated in the proposal) which is a part of this work authorization. 1. SERVICES. Jackson A &E Associates, Inc., through and by its officers, employees, and subcontractors, (hereinafter JA &E) is an independent consultant and agrees to provide Client, for its sole benefit and exclusive use, consulting services set forth in our proposal. No third party beneficiaries are intended by this Agreement. 2. PAYMENT TERMS. Client agrees to pay JA &E's invoice upon receipt. If payment is not received within 30 days from the Client's receipt of JA &E's invoice which is considered past due, Client agrees to pay a service charge on the past due amount at the greater of 1% per month or the allowable legal rate.. After five days prior notice to Client, JA &E may suspend services until paid on any project where payment of invoiced amounts not reasonably in dispute is not received by JA &E within 45 days of Client's receipt of JA &E's invoice. Client receipt of invoice will be presumed one day after hand or email delivery by JA &E. Time is of the essence of this provision. Either party may terminate this Agreement without cause upon 30 days prior written notice. This Agreement will terminate automatically upon the insolvency of the Client. In the event Client requests termination prior to completion of proposed services, Client agrees to pay JA &E for all reasonable charges incurred to date and associated with termination of the work. 3. STANDARD OF CARE. JA &E will perform its services using that degree of care and skill ordinarily exercised under similar conditions by reputable members of JA &E's profession practicing in the same or similar locality at the time of service. No other warranty, express or implied, is made or intended by our proposal or by our oral or written reports. 4. INSURANCE. JA &E maintains insurance coverage as follows: Automobile Liability Insurance above the Texas minimum. 5. PROFESSIONAL LIABILITY. JA &E does not carry Professional Liability Insurance. For additional consideration from JA &E of $1.00, receipt of which is hereby acknowledged, Client agrees that JA &E's liability, and that of its officers, directors, employees, agents and subcontractors, to Client or any third party due to any negligent professional acts, errors or omissions or breach of contract by JA &E will be limited to an aggregate of $25,000. If Client requires JA &E to have professional liability, JA &E agrees to try to acquire such insurance up to a maximum of $1,000,000, upon Client's written request at the time of accepting our proposal. Client agrees to pay an additional consideration of the cost of the Policy plus an additional ten percent of JA &E's total costs. This limitation shall not apply to the extent prohibited by law. 6. EXTENSION OF PROTECTION. Client agrees that any all limitations of JA &E's liability and indemnifications by the Client to JA &E shall include and extend to those individuals and entities JA &E retains for performance of the services under this Agreement, including but not limited to JA &E's officers, partners and employees and their heirs and assigns, as well as JA &E's subconsultants and their officers, employees, heirs and assigns. 7. CORPORATE PROTECTION. It is intended by the parties to this Agreement that JA &E's services shall not subject JA &E's individual employees, officers, directors, managers or partners to any personal legal exposure IACKSON %ity of Schertz, Texas - JA &E Proposal November 30, 2019 Fire Station #3 - Schertz, Texas Page 8 of l l ASSOCIATES for the risks associated with the services. Therefore, and notwithstanding anything to the contrary herein, Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and /or asserted only against JA &E, a Texas Corporation, and not against any of JA &E's individual employees officers, directors, managers or partners. 8. SITE OPERATIONS. Client will arrange for right -of -entry to the property for the purpose of performing project management, studies, tests and evaluations pursuant to the agreed services. Client represents that it possesses necessary permits and licenses required for its activities at the site. JA &E is not responsible for any damage or loss due to undisclosed or unknown surface or subsurface conditions owned by Client or third parties, except to the extent such damage or loss is a result of JA &E's negligence. Otherwise, Client agrees for the additional consideration of $1.00, receipt of which is hereby acknowledged, to the extent permitted by law, to indemnify JA &E, its officers, directors, employees, agents and subcontractors, from any such claim, suits or losses, including related reasonable attorney's fees. JA &E will take reasonable precautions to minimize damage to the property caused by our operations. Unless otherwise stated in JA &E's proposal, our charges do not include cost of restoration due to any related damage which may result. If Client requests JA &E to repair such damage, JA &E will do so at an appropriate additional cost. 9. FIELD REPRESENTATIVE. The presence of JA &E's or its subcontractor's field personnel, either full -time or part -time, may be for the purposes of providing project administration, assessment, observation and /or field testing of specific aspects of the project as authorized by Client. Should a contractor(s) not retained by JA &E be involved in the project, Client will advise such contractor(s) that JA &E's services do not include supervision or direction of the means, methods or actual work of the contractor(s), its employees or agents. Client will also inform contractor that the presence of JA &E's field representative will not relieve the contractor of its responsibilities for performing the work in accordance with its agreement with Client. If a contractor (not a subcontractor of JA &E) is involved in the project, Client agrees, in accordance with generally accepted construction practices, that the contractor will be solely and completely responsible for working condition on the job site, including security and safety of all persons and property during performance of the work, and compliance with all Client safety requirements and OSHA regulations. These requirements will apply continuously and will not be limited to normal working hours. It is agreed that JA &E will not be responsible for job or site safety or security on the project, other than for JA &E's employees and subcontractors, and that JA &E does not have the duty or right to stop the work of the contractor. 10. UNFORESEEN CONDITIONS OR OCCURRENCES. It is possible that unforeseen conditions or occurrences may be encountered at the site which could substantially alter the necessary services or the risks involved in completing JA &E's services. If this occurs, JA &E will suspend services and promptly notify and consult with Client, but will act based on JA &E's sole judgment where risk to JA &E personnel is involved. Possible actions could include: a) Complete the original Scope of Services in accordance with the procedures originally intended in our proposal, if practical in JA &E's judgment; b) Agree with Client to modify the Scope of Services and the estimate of charges to include study of the unforeseen conditions or occurrences, with such revision agreed to in writing; c) Terminate the services effective on the date specified byJA &E in writing. 11. DOCUMENTS. JA &E will furnish Client the agreed upon number of documents and supporting information. These instruments of service are furnished for Client's exclusive internal use and reliance, use of Client's IACKSON Uty of Schertz, Texas - JA &E Proposal November 30, 2019 Fire Station #3 - Schertz, Texas Page 9 of l l ASSOCIATES counsel, use of Client's qualified bidders and for regulatory submittal in connection with the proposed services provided for in this Agreement, but not for advertising or other type of distribution, and are subject to the following: a) All documents generated by JA &E under this Agreement shall remain the sole property of JA &E. JA &E shall retain all common law, statutory and other reserved rights, including the copyright thereto. Any unauthorized use or distribution of JA &E's work shall be at Client's and recipient's sole risk and without liability to JA &E. JA &E may retain a confidential file copy of its work product and related documents. b) If Client desires to release, or for JA &E to provide, our work product(s) to a third party not described above for that party's reliance, JA &E will agree to such release provided we receive written acceptance from such third party to be bound by acceptable terms and conditions similar to this Agreement (e.g. Secondary Client Agreement). Work product(s) provided for disclosure of information only will not require separate agreement. Client acknowledges and agrees to inform such third party that JA &E's work product(s) reflects conditions only at the time of the study and may not reflect conditions at a later time. Client further acknowledges that such request for release creates a potential conflict of interest for JA &E and by this request waives any such claim should JA &E comply with the request. c) Client agrees that all documents furnished to Client or Client's agents or designees, if not paid for, will be returned upon demand and will not be used by Client or any other entity for any purpose whatsoever. Client further agrees that documents provided by JA &E pursuant to this Agreement will not be used for any project not expressly provided for in this Agreement without JA &E's prior written approval. d) Client shall furnish documents or information reasonably within Client's control and deemed necessary by JA &E for proper performance of our services. JA &E may rely upon Client - provided documents in performing the services under this Agreement; however, JA &E assumes no responsibility or liability for their accuracy. Client - provided documents will remain the property of Client, but JA &E may retain one confidential file copy as needed to support our work product. 12. CLAIMS. The parties agree to attempt to resolve any dispute without resort to litigation, including use of non- binding mediation, prior to filing of any suit. However, in the event a claim results in litigation, and the claimant does not prevail at trial, then the claimant shall pay all costs incurred in pursuing and defending the claim, including reasonable attorney's fees. 13. OPINIONS OF COST. If requested, JA &E will use its best efforts and experience on similar projects to provide realistic opinions of probable costs for remediation, repair or construction as appropriate based on reasonably available data or JA &E's recommendations. However, such opinions are intended primarily to provide information on the order of magnitude or scale of such costs and are not intended for use in firm budgeting or negotiation unless specifically agreed otherwise in writing by JA &E. Client understands actual costs of such work depend heavily on regional economics, local construction practices, material availability, site conditions, weather conditions, contractor skills, and many other factors beyond JA &E's control. JA &E makes no warranty, express or implied, that bids or negotiated costs of such work will not vary from JA &E's opinions of probable costs. 14. TESTIMONY. Should JA &E or any JA &E employee be compelled by law to provide testimony or other evidence by any party, whether at deposition, hearing or trial, in relation to services provided under this Agreement, and JA &E is not a party in the dispute, then JA &E shall be compensated by Client for the associated reasonable expenses and labor for JA &E's preparations and testimony at appropriate unit rates. 15. CONFIDENTIALITY. JA &E will maintain as confidential any documents or information provided by Client and will not release, distribute or publish same to any third party without prior permission from Client, unless compelled by law or order of a court or regulatory body of competent jurisdiction. Such release will occur only after prior notice to Client. IAC KSO %ity of Schertz, Texas - JA &E Proposal November 30, 2019 ',. ASSOCIATES Fire Station #3 - Schertz, Texas Page 10 of 1 1 16. GOVERNING LAW. This Agreement shall be governed in all respects by the laws of the State of Texas. 17. SURVIVAL. All provisions of this Agreement for indemnity or allocation of responsibility or liability between Client and JA &E shall survive the completion of the services and the termination of this Agreement. 18. SEVERABILITY. In the event that any provision of this Agreement is found to be unenforceable under law, the remaining provisions shall continue in full force and effect. 19. ASSIGNMENT. This Agreement may not be assigned by either party without the prior permission of the other. 20. CONSIDERATION. The parties agree that the charges for JA &E's services are sufficiently adjusted to include any specific consideration payable to Client under these terms and conditions. 21. INTEGRATION. This Agreement, the attached documents and those incorporated by reference herein constitute the entire Agreement between the parties and cannot be changed except by a written instrument signed by both parties. 22. STATUTES OF REPOSE AND LIMITATION. All legal causes of action between the parties to this Agreement shall accrue and any applicable statutes of repose or limitation shall begin to run not later than the date that JA &E's services are completed or terminated. 23. CLIENT DISCLOSURE. Client agrees to advise JA &E upon execution of this Agreement of any hazardous substance or any condition, known or that reasonably should be known by Client, existing in, on, or near the site that presents a potential danger to human health, the environment, or JA &E's equipment. Client agrees to provide JA &E continuing related information as it becomes available to the Client. By virtue of entering into this Agreement or providing services hereunder, JA &E does not assume control of or responsibility as an operator or otherwise for the site or the person(s) in charge of the site, or undertake responsibility for reporting to any federal, state or local public agencies any conditions at the site that may present a potential danger to public health, safety or the environment. Client agrees under advice of its counsel to notify the appropriate federal, state or local public agencies as required by law; or otherwise to disclose, in a timely manner, any information that may be necessary to prevent damage to human health, safety, or the environment. 24. ENVIRONMENTAL INDEMNITY. In connection with toxic or hazardous substances or constituents, including but not limited to mold, and to the maximum extent permitted by law, Client agrees to defend, hold harmless, and indemnify JA &E from and against any and all claims, liabilities, or judgments, except to the extent finally determined as being caused by JA &E's negligence or willful misconduct, resulting from: a) Client's violation of any federal, state, or local statute, regulation, or ordinance relating to the management or disposal of toxic or hazardous substances or constituents; b) Client's undertaking of or arrangement for the handling, removal, treatment, storage, transportation, or disposal of toxic or hazardous substances or constituents found or identified at the site; c) Toxic or hazardous substances or constituents introduced at the site by Client or third persons before, during, or after the completion of JA &E's services; d) Allegations that JA &E is a handler, generator operator, treater, storer, transporter, or disposer unless expressly retained by Client for such services under the Resource Conservation and Recovery Act of 1976 as amended or any other similar federal, state or local regulation, ordinance, or law due to JA &E's services; IAC KSO Uty of Schertz, Texas - jA &E Proposal November 30, 2019 ',. ASSOCIATES Fire Station #3 - Schertz, Texas Page 1 1 of 1 1 e) A release of toxic or hazardous substances or constituents at or from the project site before, during, or after completion of jA &E's services under this Agreement. Any third party suit or claim for damages against.JA &E alleging strict liability, personal injury (including death) or property damage from exposure. 25. SAMPLE DISPOSAL. Test specimens or samples generally are consumed or substantially altered during testing and any remnants are disposed of immediately upon completion of tests. Remaining samples and other specimens are disposed of 30 days after submission of jA &E's report. END OF,JA &E TERMS AND CONDITIONS Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: February 5, 2019 Department: City Manager's Officer Subject: Resolution No. 19 -R -12 — Consideration and /or action approving a Resolution Recognizing the Designation of Landmark Properties and Heritage Neighborhoods (B. James/B. James) C ' I 1 With the approval of Ordinance 19 -S -02, Sec. 21.4.9 of the UDC Article 4 Procedures and Applications was removed. This section outlined the process for properties to be designated as Landmark Properties or Heritage Neighborhoods. These are intended as honorary designations and it was deemed more appropriate to not include this in the UDC. With the removal of this section from the UDC, staff is now recognizing the program via a resolution. As such, staff is going to seek Council approval of a resolution adopting slightly modified standards, but just not as part of the UDC. Goal Promote the history and culture of the City of Schertz. Community Benefit Recognize structures of significance to the community's history and culture. FISCAL IMPACT None RECOMMENDATION Approval of Resolution 19 -R -12 ATTACHMENT Resolution 19 -R -12 RESOLUTION NO. 19 -R -12 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS RECOGNIZING THE DESIGNATION OF LANDMARK PROPERTIES AND HERITAGE NEIGHBORHOODS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, The City of Schertz and the Schertz Historical Preservation Committee (SHPQ feels it important to recognize places that represent unique features of the City landscape either by their nostalgic, aesthetic, architectural, historic or symbolic character, and WHEREAS, The City of Schertz Comprehensive Land Plan emphasizes the need to preserve and enhance the City's rich history and culture, and WHEREAS, The City of Schertz specifically desires to recognize and promote preservation of those historic structures that comprise the most valued historic elements of the community's past through increased awareness of their existence, and WHEREAS, The Schertz City Council as a matter of public policy aims to preserve, enhance and perpetuate those aspects of the city having historical, architectural, archaeological, nostalgic, aesthetic, or symbolic attributes and which may have an enduring impact on the city's cultural identity, and WHEREAS, The City of Schertz desires to recognize places that represent unique features of the City landscape, neighborhood development, aesthetic architectural, or symbolic character, through the creation of either heritage neighborhoods or landmark property designations, and WHEREAS, The heritage neighborhood and /or landmark property designations shall be of such a nature as to be free of the designation status as per Chapter 442, Section 315.006, of the Texas Local Government Code, and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section I.w The City Council hereby establishes a process to recognize landmark properties and heritage neighborhoods as per the procedures outlined in Exhibit "A ". Section 2.w 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.w 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.w 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.w 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.w 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.w This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 5th day of February, 2019. ATTEST: City Secretary, Brenda Dennis (CITY SEAL) CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter -2- EXHIBIT A Designation[ M] andmarkj) roperties1bnd1beritagel beighborhoods.[M A.ww Purpose and applicability.\ WheWurpose\of\ thiswectiornns\ towecognize \andwncouragevthe\preservationw ofAhosewreaswrwpecific\ buildings\orw tructures\ufvsignificance\Ao\Ahe\City .\&Aore\specifically,\Ao\achievew thevtollowingvgoals:ww 1.ww To\preserve,\tprotecty and venhance\significantvsites\mnd\ structures \thatmpresentvwniquevmlementsw ofvthevEityvtandscapeveithervtay \hhheir\taesthetic,v architectural, vmostalgic ,vcorvsymbolicvattributesvirnw relationvtoWersons ,\placevand /orvtime.vw 2.\w Tovstrengthen\e ivic\ tpridevthroughvmeighborhood\( preservationvandvnecognition.vw 3.vw Tovprovidevapplicationu submissionvandwevie" uidancewelatingvtoMevdesignationvofvpropertiesw and /onsites.vw vvw Application Requirements.v A4nyv erequest\ Aforve thevedesignationmfveWandmarkvepropertywr \A,heritagew neighborhoodsv\ shallvr bewnitiatedv\ byvvcompletionvu ofv\ anv,application\d orm\ Aas \Aset\dorth\Ain\tlhev\Schertzw HistoricalvP reservation \Committee's\( /SHPC)vBy- laws.vw C.ww Processing of Application and Decision.ww 1.ww Submittal. W Iva pplicationswinder\& hismectionvehallvioeveubmittedvOmithevSHPC .vThevSHPCvshallw reviewMevapplication& rveompletenessvandvmotify\ khevapplicantvmfvRemswequiringv eorrectionvmrw attention\ before\ providing\avwrittenwecommendation\anvthe\application . \Anyvinterestedwitizen,vtow include\ CHPCw nembers, vunayvinitiatevmnvmpplication .vw 2.\w Approval Procedures. mApplicationsvEonAandmarkvtaropertiesvanfteritageweighborhoodsyshaII \bew considered \andwotede upon \at\lhe\SHPC's\mextxquarterlyw meeting \iollowing \applicationwubmissionw and\after\thev notification \af\property \ewner's\beforevthev tenth \(r10th)\day\beforevthe \beari ng\byvthew SHPC.vApprovalvnwillw equire\Aavtwo- thirdsvpositivewvotevbywnembersvpresent .vvThev\SHPCwnayw disapprovevthevmomination& r\ veasonsvmfinncompletevmnd/ orwmnsupportable wiata.x#\disapproved,w thevmominatorvwillvtae\ viotifiedvinvwritingviDyvSHPCvasvtoo\ trhevveason (s)vOor\(disapprovalvmndvgivenw thirty\ ti30)\ viaysvtowesubmitvthevmominationvformw withve orrectedvrorvsupplemental vdata.Afvmoweplyw isweceivedvioy\ihhevphirty\ (30)v Jayv deadlinevthevmominationvu svconsideredvmlosedvwithoutviurtherw actionwequired.ww ThevapprovedvSHPCvmominationswvill\ tbe& rwardedvto\ hhevCity\ tManagervOorvplacementvmnvevCityw Councilvagendavwithin vthirty\*30)udaysvofvveceipt.\ Writtenw oticewhall \tbe*rovidedvtovtheuownenmfw the\property\beforev the vtenth*10th)vedayviaeforeAhev blearing\ datevofvCity vCouncil.vThevCityvCouncilw shallwvotevonvall\ Adesignationvnominationsvandwwillwequirevawnajorityvofv ,Councilvmembers\dow approvevthev^ nomination. uThevmominatorvwillvioevmotifiedvinwvritingvioyvthevSHPCvmfvCityvCouncilw approval /disapproval.ww -3- CITY COUNCIL MEMORANDUM City Council Meeting: February 5, 2019 Department: Engineering Agenda No. 6 Subject: Resolution No. 1.9 -R -13 — A Resolution by the City Council of the City of Schertz, Texas, approving and authorizing Access, Drainage, Water, and Wastewater Easement Agreements through Lot 1 of the Wiederstein Ranch Subdivision from 1290 Entertainment, LLC, and other matters in connection therewith BACKGROUND 1290 Entertainment, LLC, is constructing a theatre /amusement facility on Lot 1 of the Wiederstein Ranch Subdivision (commonly known at this time as ` EVO "). As part of the development of the lot, infrastructure that will be dedicated to and accepted by the City as part of the public systems is being constructed. The improvements must be located within public easements in order to access the facilities for operation and maintenance. 1290 Entertainment, LLC, is granting the appropriately sized and located easement areas to allow for that to take place. Resolution 19 -R -13 includes acceptance and authorization of the required easements for the water and wastewater main extensions to be maintained by the City and access and drainage easements to be maintained by the property owner. Goal The goal of Resolution 19 -R -13 is to authorize the acceptance of the Access, Drainage, Water, and Wastewater Easement Agreements from 1290 Entertainment, LLC. Community Benefit Ensuring properly designed, constructed, and maintained public infrastructure to serve orderly development meets a core service need in keeping with the Strategic Plan of the City. Summary of Recommended Action Staff recommends Council approve Resolution 19 -R -13, approving and authorizing execution of the Access, Drainage, Water, and Wastewater Easement Agreements with 1290 Entertainment, LLC. FISCAL IMPACT There is no direct fiscal impact from this Resolution. RECOMMENDATION Staff recommends Council approve Resolution 19 -R -13 CitpCouncilMemorandumw Pagevpw ATTACHMENTS Resolution 19 -R -13 Access, Drainage, Water, and Wastewater Easement Agreements with 1290 Entertainment, LLC RESOLUTION NO. 19 -R -13 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING AND AUTHORIZING ACCESS, DRAINAGE, WATER, AND WASTEWATER EASEMENT AGREEMENTS THROUGH LOT t OF THE WIEDERSTEIN RANCH SUBDIVISION FROM 1290 ENTERTAINMENT, LLC, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into agreement with 1290 Entertainment, LLC, (the "Grantor ") for Access, Drainage, Water, and Wastewater Easements (the "Easements ") in substantially the forms attached hereto as Exhibit A (the "Agreements "); and WHEREAS, the City needs the Water, Wastewater, and Access Easements in connection with the operation, and maintenance of public water and wastewater main extensions through Lot 1 of the Wiederstein Ranch Subdivision; and WHEREAS, the Drainage Easements are necessary to ensure the maintenance of surface and subsurface drainage facilities; and WHEREAS, the City Council has determined that it is in the best interest of the City to accept the Easements in accordance with the terms of the Agreements. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS 1 FEW Section l.w The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the Grantor in substantially the form set forth on Exhibit A and to accept the Easements in accordance with the terms of the Agreement. Section 2.w 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.w 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.w 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.w 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.w 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.w This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 5th day of February, 2019. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A EASEMENT AGREEMENTS EXHIBIT A NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WATER, WASTEWATER, AND ACCESS EASEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF § GRANT OF EASEMENT: 1290 ENTERTAINMENT, LLC, 1.290 Wonderworld Drive, Suite 1.240, San Marcos, Hays County, Texas, 78666, ( "Grantor "), for the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, does hereby grant, sell and convey unto THE CITY OF SCHERTZ, TEXAS, a Texas home -rule city, with offices located at 1400 Schertz Parkway, Schertz, Texas 78154 ( "Grantee "), an easement and right -of -way ( "Easement ") upon and across the property of Grantor which is more particularly described on Exhibit "A ", attached hereto and incorporated herein by reference ( "Easement Tract "), TO HAVE AND TO HOLD the same perpetually to Grantee and its successors and assigns, together with the rights, and privileges and on the terms and conditions set forth below; and Grantor, subject to the Exceptions, to Warranty, does hereby covenant and agree to WARRANT AND FOREVER DEFEND title to the Easement herein granted, unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Terms and Conditions: The following terms and conditions apply to the Easement granted by this agreement: 1. Definitions. For the purposes of this grant of Easement certain terms shall have the meanings that follow: (a) "Holder" shall mean. Grantee and Grantee's heirs, successors and assigns who at any time own any interest in the conveyance is subject to the terms of this agreement. (b) "Public Utility" shall mean water and sanitary sewer facilities. 2. Character of Easement. The Easement granted herein is "in gross," in that there is no "Benefitted Property." Nevertheless, the Easement rights herein granted shall pass to Grantee's successors and assigns, subject to all of the Terms hereof. The Easement rights of use granted herein are nonexclusive and irrevocable. The Easement is for the benefit of Holder. 3. Purpose of Easement. The Easement shall be used for public utility and ingress /egress purposes. a. The Easement shall be used for public utility purposes including placement, construction, installation, replacement, repair, maintenance, relocation, removal, and operation of public utility facilities and related appurtenances, or making connections thereto. The Easement shall also be used for the purpose of providing access for the operation, repair, maintenance, replacement and expansion of the public utility facilities and related appurtenances. b. The Easement shall also be used for the purpose of ingress and egress across Grantor's property to the adjacent tract of property. 4. Term. Easement shall be in perpetuity unless relinquished or abandoned by ordinance or resolution and the official filing of a release document by Grantee. 5. Reservation of Rights. Holder's right to use the Easement Property is nonexclusive, and Grantor and Grantor's heirs, successors, and assigns retain the right to use all or part of the Easement Property in conjunction with Holder as long as such use by Grantor and Grantor's heirs, successors, and assigns does not (i) interfere with the use of the Easement Property by Holder for the Easement Purpose, nor (ii) may Grantor construct any building, structure or obstruction on the Easement :Property. The right to convey to others the right to use all or part of the Easement Property in conjunction with Holder, as long as such further conveyance is subject to the terms of this agreement. Written approval of Holder must be obtained prior to any use or improvement of Easement Property. 6. Improvement and Maintenance of Easement Property. Subject to the provisions of Section 7., immediately below, improvement and maintenance of the Public Utility Facilities will be at the sole expense of Holder. Holder has the right to eliminate any encroachments into the Easement Property. Holder has the right to construct, install, maintain, replace, and remove the Facilities under or across any portion of the Easement Property. All matters concerning the Facilities and their configuration, construction, installation, maintenance, replacement, and removal are at Holder's sole discretion, subject to performance of Holder's obligations under this agreement. Holder has the right to remove or relocate encroachments within the Easement Property or along or near its boundary lines if reasonably necessary to construct, install, maintain, replace, or remove the Facilities. Holder will also replace to their original condition any landscaping, driveways or parking areas that were in existence prior to the granting of the Easement Property and are damaged in connection with the work. 7. Maintenance of Surface Easement Property /Permitted Improvements. Notwithstanding any contrary provision, Grantor shall retain the obligation to maintain the surface of the Easement Property, including the obligation to regularly mow or cut back vegetation and to keep the surface of the Easement Property free of litter, debris, or trash. Any permitted improvement made by Grantor must comply with applicable ordinances, development codes and engineering guidelines of the City of Schertz, and must not conflict with use of the easement for its intended purpose as described herein. 8. Equitable Rights of Enforcement. This Easement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by this agreement; provided, however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 9. Attorney's Fees. If either party retains an attorney to enforce this agreement, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 10. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. 11. Choice of Law. This agreement will be construed under the laws of the state of Texas, without regard to choice -of. -law rules of any jurisdiction. Venue is in Guadalupe County in which the Easement Property is located. 12. Counterparts. This agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 13. Waiver of Default. It is not a waiver of or consent to default if the non - defaulting party fails to declare immediately default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. 14. Further Assurances. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement. 15. Integration. This agreement contains the complete agreement of the parties and cannot be varied except by written agreement of the parties. The parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this agreement. 16. Exceptions to Warranty. This grant is subject to any and all encumbrances and easements of record, to the extent the same are valid and enforceable. 17. Legal Construction. Any provision in this agreement is for any reason unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. This agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language. 1.8. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 1.9. Recitals /Exhibits. Any recitals in this agreement are represented by the parties to be accurate, and constitute a part of the substantive agreement. All exhibits referenced herein are attached hereto and incorporated by reference herein for all purposes. 20. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the party to be charged. IN WITNESS WHEREOF, this instrument is executed this day of .20 . GRANTOR: LM THE STATE OF TEXAS COUNTY OF (Grantor's Name) (Grantor's Signature) This instrument was acknowledged before me on , 20_, by , an individual residing in County, Texas. Notary Public Signature (seal) AGREED AND ACCEPTED: CITY OF SCHERTZ, TEXAS, a Texas home -rule municipality C THE STATE OF TEXAS COUNTY OF GUADALUPE Dr. Mark Browne, City Manager This instrument was acknowledged before me on , 20_, by Dr. Mark Browne, City Manager of the City of Schertz, Texas, a Texas home -rule municipality, on behalf of said municipality. Notary :Public Signature (seal) EXHIBIT "A" EASEMENT TRACT ENGINEER: FORESITE TBPE Firm No. F-12878 DEVELOPER: FIVE STAR DEVELOPMENT OF ALABAMA, INC. 116 JEFFERSON ST. SUITE 202 HUNTSVILLE, ALABAMA 35801 TEL (256) 337-0845 CONTACT: MR. MIKE CULBREATH SEAL: THESE PLANS WERE PREPARED UNDER THE SUPERVISION AND DIRECTION OF JOHN B. RHODES JR., PE #112311 THESE PLANS ARE RELEASED FOR INITIAL REVIEW PURPOSES ONLY. REVISIONS DATE PROJECT MANAGER: DRAWING BY: JURISDICTION: DATE: SCALE: TITLE: UTILITIES PLAN SHEET NUMBER: Cm3. COMMENTS: JOB/FILE NUMBER: MAINTENANCE AND EASEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF GUADALUPE § This Maintenance and Easement Agreement ( "Agreement ") is made by and between 1290 ENTERTAINMENT, LLC, 1290 Wonderworld Drive, Suite 1240, San Marcos, Hays County, Texas, 78666, ( "Grantor ") and the CITY OF SCHERTZ, TEXAS, a Texas home -rule city, with office located at 1400 Schertz Parkway, Schertz, Guadalupe County, TX 78154, ( "Grantee "), and is as follows: 19 PLO VF. "I ! WHEREAS, the tract of real property that is the subject of this Agreement (the "Development Tract ") is located in Guadalupe County, Texas and are more particularly described on Exhibit "A ", attached hereto and incorporated herein by reference; and WHEREAS, Storm water drainage improvements have been designed and will be constructed on the Development Tract ( "Drainage System "); and WHEREAS, "Grantor" shall mean Grantor and Grantor's heirs, successors, and assigns who at any time own any interest in the conveyance; and WHEREAS, Grantor has agreed to maintain the Drainage System according to the guidelines set forth in Exhibit "B ", attached hereto and incorporated herein by reference ( "Maintenance Obligations "); and WHEREAS, Grantor desires to grant to Grantee an easement over the Tract upon which the Drainage System is located for the purpose of allowing Grantee to enforce the maintenance obligations; and WHEREAS, this grant of easement in no way imposes any requirement upon Grantee to expend money or resources towards the operation or maintenance of the Drainage System although it does allow Grantee to enforce the maintenance obligations via self -help remedies if it so elects; and NOW, THEREFORE, for and in consideration of Ten and No /100 Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, Grantor hereby GRANTS, SELLS and CONVEYS, to Grantee a non - exclusive easement on, over, through and across the Development Tract to enforce the Maintenance Obligations ( "Easement "). This Agreement shall be subject to the following terms and provisions: 1. Maintenance Obligations. Grantor will perform the Maintenance Obligations. 2. Character of Easement. The Easement is an easement in gross. 3. Duration of Easement. The Easement shall continue in perpetuity unless relinquished or abandoned by ordinance or resolution and the official filing of a release document by Grantee. 4. Purpose of Easement. Grantor covenants and agrees that this Easement shall authorize Grantee to enforce the Maintenance Obligations including the right of self -help. 5. Enforcement. Each party shall have and be entitled to enforce all rights and remedies at law or in equity including the following: a. If either party defaults in the performance of its obligations hereunder and the default is not cured within ten (1.0) days following delivery of written notice, then the non - defaulting party shall have the right to perform such obligation on behalf of the defaulting party, in which event the defaulting party shall immediately pay to the non - defaulting party all reasonable amounts expended. b. In the event of a breach by any party hereto of any obligation of such party under this Agreement, the non- defaulting party shall be entitled to injunctive relief mandating compliance herewith, and shall be entitled to obtain a decree hereunder. The undersigned hereby acknowledge and stipulate the inadequacy of legal remedies and irreparable harm which would be caused by the breach of this Agreement, and such non - defaulting party shall be entitled to relief by any and all other available legal and equitable remedies from the consequences of such breach. Any costs and expenses of any such proceeding, including reasonable attorney's fees, shall be paid by the defaulting party. 6. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the rights granted. Any oral representations or modifications concerning this Agreement shall be of no force and effect except in a subsequent modification in writing, signed by the party to be charged. 7. Attorney's Fees. In the event of any controversy, claim, or dispute relating to this Agreement or the breach, the prevailing party shall be entitled to recover from the non - prevailing party reasonable expenses, attorney's fees, and costs. 8. Binding Effect. This Agreement, and the terms, covenants, and conditions shall be covenants running with the Development Tract and shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties. 9. Choice of Law. This Agreement will be construed under the laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in Guadalupe County. 10. No Waiver. Except for a written waiver signed by the party to be charged, any action or inaction by any party with respect to any provision of this Agreement, including, but not limited to, a party's failure to enforce any provision of this Agreement, shall not constitute a wavier of that provision or any other provision of this Agreement. Any waiver by any party of any provision of this Agreement shall not constitute a waiver of any other provision of this Agreement. 1.1. Headings. Any section headings in this Agreement are for reference only and shall not modify or affect the interpretation of this Agreement in any manner whatsoever. 1.2. Notices. Any notice or communication required or permitted hereunder shall be deemed to be delivered, whether actually received or not, when deposited in the United States mail, postage fully prepaid, registered or certified mail and addressed to the intended recipient at the address shown herein, and if such address is not known, then at the last known address according to the records of the party delivering the notice. Notice given in any other manner shall be effective if and when received by the addressee. In witness whereof, this instrument is executed this day of , 20_ GRANTOR: 1290 Entertainment, LLC 0 STATE OF TEXAS § COUNTY OF GUADALUPE § (Grantor's Name) (Grantor's Signature) This instrument was acknowledged before me on the day of 20_ by an individual residing in _ County, Texas. Notary Public City of Schertz A Texas home -rule municipality Dr. Mark Browne City Manager, City of Schertz STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the day of , 20_ by Dr. Mark Browne, City Manager of the City of Schertz, Texas, a Texas home -rule municipality, on behalf of said municipality. Notary Public, State of Texas Exhibit: "A" Description of Development Tracts "B" Maintenance Obligations EXHIBIT "A" Description of Easement Area (as attached) ENGINEER: FORESITE TBPE Firm No. F-12878 DEVELOPER: FIVE STAR DEVELOPMENT OF ALABAMA, INC. 116 JEFFERSON ST. SUITE 202 HUNTSVILLE, ALABAMA 35801 TEL (256) 337-0845 CONTACT: MR. MIKE CULBREATH SEAL: THESE PLANS WERE PREPARED UNDER THE SUPERVISION AND DIRECTION OF JOHN B. RHODES JR., PE #112311 THESE PLANS ARE RELEASED FOR INITIAL REVIEW PURPOSES ONLY. REVISIONS DATE PROJECT MANAGER: DRAWING BY: JURISDICTION: DATE: SCALE: TITLE: UTILITIES PLAN SHEET NUMBER: Cm3. COMMENTS: JOB/FILE NUMBER: EXHIBIT "B" Maintenance Obligations The following guidelines are established for the maintenance and inspection of the Drainage System. Inspections: The Drainage and Detention System should be inspected at least once a quarter unless specified otherwise to evaluate if the system is functioning properly. One of these inspections should occur during or immediately following a rainfall event. Sediment Removal: All sediment and debris accumulation shall be removed from inlets, pipes, and outlet structures and drainage pathways downstream of drainage structures at least once bi- annually or anytime sediment accumulation is greater than 3 inches of depth in a surface feature or when flow is impacted. Mowing: The earthen side slopes, embankments, and bottom of the Drainage System shall be mowed at least once a quarter, or anytime vegetation height is greater than 12 inches. Mowing may be required more frequently for aesthetic purposes and to prevent the growth of weeds. For mowing operations, a mulching type mower will be utilized or all grass clippings will be caught and removed. Debris and Litter Control: During inspections, mowing, or other regular maintenance activities, all visible debris and litter will be removed from within the Drainage System. Special attention will be paid to debris within the facility that could block the outlet structures and alter drainage facility functionality. Erosion Control: Earthen portions of the facilities will be maintained with vegetative cover to control erosion. If during inspections or regular maintenance activities, any slumping or erosion is observed, the area will be re- graded and re- vegetated to original conditions. Nuisance Control: Standing water or constantly wet conditions within the facility can promote nuisance problems for nearby residents and businesses. These problems include odors, mosquitoes, weeds, and litter. If encountered, these problems will be addressed during regular maintenance operations. Record Keeping: The property owner shall maintain records of the storm water management facilities including installation and of all maintenance and repairs. These records shall be maintained for a minimum of three years and be made available to City of Schertz during inspection of the facilities and at other reasonable times upon request. CITY COUNCIL MEMORANDUM City Council Meeting: February 5, 2019 . Department: Engineering Agenda No. 7 Subject: Resolution No. 19 -R -1.4 —A Resolution by the City Council of the City of Schertz, Texas, approving and authorizing a Water Easement Agreement across the Danville Middle School Property from Comal Independent School District. BACKGROUND The Comal Independent School. District (CISD) constructed a new middle school (Danville) on the southeast corner of the intersection of Hubertus Road and FM 482. In order for the property to be served with public water, an extension of the public main was needed. As an extension of the City of Schertz potable water system, the City has accepted the main as a public improvement and requires that it be located within a public easement in order to access the facilities for operation and maintenance. The line was originally designed to be constructed within an easement established through the platting of the school property however, the line was constructed in a slightly different alignment. An additional easement is being dedicated in order to properly surround the water line as constructed in place. Resolution 19 -R -14 includes acceptance and authorization of the required easement for the water main extension. Goal The goal of Resolution 1.9 -R -14 is to accept and authorize the Water Easement Agreement from CISD. Community Benefit Ensuring properly designed, constructed, and maintained public water facilities to serve orderly development meets a core service need in keeping with the Strategic Plan of the City. Summary of Recommended Action Staff recommends Council approve Resolution 19 -R -14, approving and authorizing execution of the Water Easement Agreement with CISD. FISCAL IMPACT There is no direct fiscal impact from this Resolution. RECOMMENDATION Staff recommends Council approve Resolution 19 -R -14 ATTACHMENTS Resolution 19 -R -14 Water Easement Agreement with CISD RESOLUTION NO. 19 -R -14 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING AND AUTHORIZING A WATER EASEMENT AGREEMENT ACROSS THE DANVILLE MIDDLE SCHOOL PROPERTY FROM COMAL INDEPENDENT SCHOOL DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an agreement for a Water Easement with Comal Independent School District (the "Grantor "), in the form attached hereto as Exhibit A (the "Agreement "); and WHEREAS, the City needs the Easement in connection with the operation, and maintenance of a potable water main extension parallel to FM 482, across a portion of Lot 1, Block 1, of the Comal ISD Middle School 6 Subdivision, beginning near the northeast intersection of Hubertus Road and FM 482; and running approximately 465 feet northeast. WHEREAS, the City Council has determined that it is in the best interest of the City to accept the Water Easement in accordance with the terms of the Agreement. Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreements with the Grantor in substantially the form set forth on Exhibit A and to accept the Water Easement in accordance with the terms of the Agreement. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 5th day of February 2019. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A WATER EASEMENT AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WATER EASEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF C-014& L— § GRANT OF EASEMENT: Comal ISD, 1404 IH 35, New Braunfels, Texas 78132 ( "Grantor "), for the sum of Ten and No /100 Dollars (510.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, does hereby grant, sell and convey unto THE CITY OF SCHERTZ, TEXAS, a Texas home -rule city, with offices located at 1400 Schertz Parkway, Schertz, Texas 78154 ( "Grantee "), an easement and right -of -way ( "Easement ") upon and across the property of Grantor which is more particularly described on Exhibit "A ", attached hereto and incorporated herein by reference ( "Easement Tract "), TO HAVE AND TO HOLD the same perpetually to Grantee and its successors and assigns, together with the rights, and privileges and on the terms and conditions set forth below; and Grantor, subject to the Exceptions, to Warranty, does hereby covenant and agree to WARRANT AND FOREVER DEFEND title to the Easement herein granted, unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Terms and Conditions: The following terms and conditions apply to the Easement granted by this agreement: 1. Definitions. For the purposes of this grant of Easement certain terms shall have the meanings that follow: (a) "Holder" shall mean Grantee and Grantee's heirs, successors and assigns who at any time own any interest in the conveyance is subject to the terms of this agreement. (b) "Public Utility" shall mean water facilities. 2. Character of Easement. The Easement granted herein is "in gross," in that there is no "Benefitted Property." Nevertheless, the Easement rights herein granted shall pass to Grantee's successors and assigns, subject to all of the Terms hereof. The Easement rights of use granted herein are nonexclusive and irrevocable. The Easement is for the benefit of Holder. 3. Purpose of Easement. The Easement shall be used for public utility purposes, including placement, construction, installation, replacement, repair, maintenance, relocation, removal, and operation of public utility facilities and related appurtenances, or making connections thereto. The Easement shall also be used for the purpose of providing access for the operation, repair, maintenance, replacement and expansion of the public utility facilities and related appurtenances. 4. Term. Easement shall be in perpetuity unless relinquished or abandoned by ordinance or resolution by Grantee. 5. Reservation of Rights. Holder's right to use the Easement Property is nonexclusive, and Grantor and Grantor's heirs, successors, and assigns retain the right to use all or part of the Easement Property in conjunction with Holder as long as such use by Grantor and Grantor's heirs, successors, and assigns does not (i) interfere with the use of the Easement Property by Holder for the Easement Purpose, nor (ii) may Grantor construct any building, structure or obstruction on the Easement Property. The right to convey to others the right to use all or part of the Easement Property in conjunction with Holder, as long as such further conveyance is subject to the terms of this agreement. Written approval of Holder must be obtained prior to any use or improvement of Easement Property. 6. Secondary Easement. Holder has the right (the "Secondary Easement ") to use the surface of the 20 -foot wide area adjacent to the Easement Property, to assist in the initial installation and as may be reasonably necessary to maintain, repair, and replace the Facilities within the Easement Property of the Facilities within the Easement Property. However, Holder must promptly restore the area of the Temporary Construction Easement to its previous physical condition if changed by use of the rights granted by this Secondary Easement. 7. Improvement and Maintenance of Easement Property. Subject to the provisions of Section 8., immediately below, improvement and maintenance of the Easement Property and the Facilities will be at the sole expense of Holder. Holder has the right to eliminate any encroachments into the Easement Property. Holder has the right to construct, install, maintain, replace, and remove the Facilities under or across any portion of the Easement Property. All matters concerning the Facilities and their configuration, construction, installation, maintenance, replacement, and removal are at Holder's sole discretion, subject to performance of Holder's obligations under this agreement. Holder has the right to remove or relocate any fences or other encroachments within the Easement Property or along or near its boundary lines if reasonably necessary to construct, install, maintain, replace, or remove the Facilities. Holder will also replace to their original condition any landscaping, driveways or parking areas that were in existence prior to the granting of the Easement Property and are damaged in connection with the work. 8. Maintenance of Surface Easement Property /Permitted Improvements. Notwithstanding any contrary provision, Grantor shall retain the obligation to maintain the surface of the Easement Property, including the obligation to regularly mow or cut back vegetation and to keep the surface of the Easement Property free of litter, debris, or trash. Any permitted improvement made by Grantor must comply with applicable ordinances, development codes and engineering guidelines of the City of Schertz, and must not conflict with use of the easement for its intended purpose as described herein. 9. Equitable Rights of Enforcement. This Easement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by this agreement; provided, however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 10. Attorney's Fees. If either party retains an attorney to enforce this agreement, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 11. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. 12. Choice of Law. This agreement will be construed under the laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the county or counties in which the Easement Property is located. 13. Counterparts. This agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 14. Waiver of Default. It is not a waiver of or consent to default if the non - defaulting party fails to declare immediately default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. 15. Further Assurances. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement. 16. Integration. This agreement contains the complete agreement of the parties and cannot be varied except by written agreement of the parties. The parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this agreement. 17. Exceptions to Warranty. This grant is subject to any and all encumbrances and easements of record, to the extent the same are valid and enforceable. 18. Legal Construction. Any provision in this agreement is for any reason unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. This agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language. 19. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 20. Recitals /Exhibits. Any recitals in this agreement are represented by the parties to be accurate, and constitute a part of the substantive agreement. All exhibits referenced herein are attached hereto and incorporated by reference herein for all purposes. 21. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the party to be charged. IN WITNESS WHEREOF, this instrument is executed this 30 day of A/O %m &r" 2018'. GRANTOR: Michael McCullar (Grantor's Signature) THE STATE OF TEXAS § COUNTY OF 60M44,1 § This instrument was acknowledged before me on 'Nve4u -3rD 20f T, by p+i(AW Md(Aw , an individual residing in4CDnAaj County", Texas. . to @•.. °. y. sALLrMcoonALD Notary Publi Signature (seal) +z NOTARY PUBLIC *?'.j *j ID# 131576267 State of Texas •'' °` +�' Comm. Exp. 05- 212022 Oi E: AGREED AND ACCEPTED: CITY OF SCHERTZ, TEXAS, a Texas home -rule municipality C THE STATE OF TEXAS COUNTY OF GUADALUPE Dr. Mark Browne, City Manager This instrument was acknowledged before me on , 2019, by Dr. Mark Browne, City Manager of the City of Schertz, Texas, a Texas home -rule municipality, on behalf of said municipality. Notary :Public Signature (seal) EXHIBIT "A" EASEMENT TRACT "LEGAL DESCRIPTION 0.107 ACRES OF LAND 10 FEET WIDE WATER EASEMENT 0.107 acres of land located in the Raphael Garza Survey Number 98, Abstract Number 175, Coma County, Texas and being a portion of that certain 15.957 acres of land (save and except 1.337 acres) conveyed to the Board of Trustees of the Coma[ Independent School District, as described in Document Number 201206007815, Official Public Records of Comat County; Texas and further being a portion of Lot 1, Block 1, Comal ISO Middle School 6 subdivision, according to the map or plat thereof recorded in Document Number 201606041899, Official Public Records of Comal County, Texas; said 0.107 acres being more particularly described as follows; COMMENCING, at a found 1/2 inch iron rod located in the northeasterly right of way line of Hubertus Road and marking the southerly end of a curve et the intersection of the northeasterly right of way line Hubertus Road with the southeasterly right of way line of F.M. Highway 482; said rod further being located in the southwesterly line of said Lot 1, Block 1; THENCE, South 30deg 22' 00" East; along the northeasterly line of said Hubertus Road, same beingthe southwesterly line of said Lot 1, Block 1,a distance of 19.45 feet, to a set 1/2 inch iron rod with "CUDE" cap, forthe POINT OF BEGINNING ofthe said Water Easement; T HENCE, into said Lot 1, Block 1, the following courses: North 29deg 01'07" East, a distance of 461.88 feet, to a set 12 inch iron rod with "CUDE "cap; South 60deg 58' 53" East, a distance of 10.00 feet, to a set %cinch iron rod with "CUDE" cap; South 29deg 01' 07" West, a distance of 467.79 feet, to a set 'hinch iron rod with "CUDE" cap located in the northeasterly right of way line of said Hubertus Road, same being the southwesterly line of said Lot 1, Block; THENCE, North 30deg22'00" West, along the northeasterly rightofway line of Hubertus Road, same being the southwesterly line of said Lot 1, Block 1, a distance of 11.62 feet, to the POINT OF BEGINNING and containing 0.107 acres of land, more or less. .Basis of bearings is the Texas State Plane Coordinate System, South Central Zone (4204), NAD 83 (93). +James W. Russell Y "rte Registered Professional Land Surveyor No. 4230 Cude Engineers 4122 Pond Pond Hill Road, Suite 101 San Antonio, Texas 78231 TBPLS Firm No, 10048500 TBPE Firm No. 455 .Job No. 02985.040 SU, 0 144/ CUDE ENGINEERS SAN ANTONIO I AUSTIN 4122 POND HILL ROAD, STE 101 PHONE: (210)681-2951 TBPE. NO, 455 SAN ANTONIO, TEXAS 78231 CUDEENGINEERS.COM TBPLS NO. 10048500 LOCATION MAP xmmw P.0'0 FOUND 1/2" IRON ROD S30"2: 0 °° �t$ /'�` / S60 058'53 "E .1bti PPQ\ 'eoac� 10' WATER EASEMENT ti / /j 15.957ACRES /// O BOAROOFTR(/STfESOF �( Q THECOMAL INDEPENDENT F� SCHOOL DISTRICT �G f � \-C\,-J, DOC #201206007815 O.PIECC.T. COMAL/SDM/DDLESCHOOL 6 N30 022'00 "W LOT1,BGUCx1 11.62' DOC #201606041899 O.P.R.CCT NOTES: 40 C#2016060418ION DOC #201606041699 1. Basis of Bearings is the Texas .LEGEND O. P. R. C.C. T. ? State Plane Coordinate System, t) South Central Zone (4204), BAD D.P.R.CC.T.= DEED AND PLAT RECORDS OF WES �II/ Intl ' 83(93). COMAL COUNTY TEXAS 2. A Metes and Bounds description O.P.R.C.C.T.= OFFICIAL RECORDS OF accompanying this Exhibit plat COMAL COUNTY TEXAS of even date. P.0:6.— POINT OF BEGINNINb SuI<Jf 1 All corners shown hereon are P.O.C. =POINT OF COMMENCING 1/2 iron rods with plastic cap stamped 'CODE" set unless - "• = SET I RON ROD WITH .PLASTIC p CAP STAMPLED "CUDE "OR AS NOTED otherwise noted. EXHIBIT OF CUDE ENGINEERS 0,107 ACRES OF LAND LOCATED IN THE RAPHAEL GARZA SURVEY NUMBER 98, ABSTRACT NUMBER 175 F,SS, fgBp 4122 POND HILL RD. - SUITE 101 COMAL COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 15.957 ACRES OF LAND (SAVE AND C ® SAN ANTONIO, TEXAS 78231 EXCEPT 1337 ACRES)CONVEYEDTO THE BOARD OFTRUSTEESOFTHE COMALINDEPENOEN7SCHOOL TEL 210.681.2951• FAX 210.523.7112 DISTRICT, AS DESCRIBED IN DOCUMENT NUMBER 201206007815, OFFICIAL PUBLIC RECORDS OF COMAL WWW.CUDEENGINEERS.COM COUNTY,TEXAS AND FURTHER BEI NG A PORTION OF LOT I; BLOCK I, COMAL ISD MI DDLE SCHOOL 6 N81flEEPS' TBPE FIRM #455 SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN DOCUMENT NUMBER TBPLS FIRM #10048500 201606041899, OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS. .DATE: NOVEMBER 28; 2018 JOB Noe 02985.040 Agenda No. 8 94011104 1 OUT I Old Lei ' • 1 City Council Meeting: February 5, 2019 Department: City Manager Subject: Resolution No. 19 -R -17 Consideration and /or action approving a Resolution supporting certain Legislative initiatives regarding groundwater production and transportation. (M. Browne) C• '! 1 During the current legislative session, the Cibolo Valley Local Government Corporation (CVLGC) anticipates legislation being filed that could affect groundwater conservation districts. Currently, CVLGC and similarly situated groundwater producers must seek two permits — a production permit and an export permit — to transport water outside the boundaries of a groundwater conservation district. During the 2017 Texas Legislative Session, there were multiple bills filed that eliminated the need for export permits and/or mandated that exporters be treated as all other producers. In short, the bills sought to eliminate discrimination against a producer who sought to export water outside the district. CVLGC anticipates that similar legislation will be introduced during the 2019 legislative session. CVLGC is seeking the support of its member cities by requesting that the respective City Councils consider the attached resolution. The resolution, if approved, would support legislation that: (i) reduces or eliminates the need for an export permit for groundwater permit holders; (ii) requires that exporters and operators be treated equally in the permitting process; and (iii) provides greater certainty in the permitting process, including the placement of reasonable time periods for actions on applications. CVLGC is committed to exploring water production solutions that benefit both member cities and their ratepayers. CVLGC believes that supporting legislation as described above will assist in accomplishing that goal. COMMUNITY BENEFIT This legislation would ensure that Schertz, through the efforts of CVLGC would be able to acquire a transport permit to meet future water requirements. Request council approve this resolution in support of proposed legislative action in the current session of the Texas legislature. ATTACHMENTS Resolution 19 -R -1.7 RESOLUTION NO. 19 -R -17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ( "CITY ") SUPPORTING CERTAIN LEGISLATIVE INITIATIVES REGARDING GROUNDWATER PRODUCTION AND TRANSPORTATION. WHEREAS, the cities of Cibolo and Schertz jointly created the Cibolo Valley Local Government Corporation ( "CVLGC ") to investigate and identify new water development projects for the cities; and WHEREAS, CVLGC is a local government corporation, created and existing under the provisions of Subchapter D of Chapter 431, Texas Transportation Code, as amended, and Chapter 394, Texas Local Government Code; and WHEREAS, the City supports the rights of property owners to market, sell, or otherwise lease their groundwater rights in an open, competitive market; and WHEREAS, CVLGC is committed to finding and producing groundwater for the beneficial use of said water by the City's water customers; and WHEREAS, it is beneficial to the City's water customers that during 86th Texas Legislative Session the Texas Legislature consider legislation that provides fairness and certainty to groundwater producers and exporters. 1►[l1mnI1 191. 79190]. 7aa9sIan9o9] ow91im-a wI-,Iwe11 me] WTQ119171MI91I_�.� Section 1. The recitals contained in the preamble of this Resolution are determined to be true and correct and are hereby adopted as a part of this Resolution. Section 2. City hereby expresses support for legislation that provides greater equality and equity in the groundwater permitting process from groundwater conservation districts. The City supports legislation that: i.w Reduces or eliminates the need for an export permit for groundwater permit holders; ii.w Requires that exporters and operators be treated equally in the permitting process; and iii.w Provides greater certainty in the permitting process, including the placement of reasonable time periods for actions on applications. Section 3. This Resolution shall take effect immediately upon adoption hereof. PASSED AND APPROVED the 5th day of February 2019. Michael R. Carpenter, MAYOR ATTEST: Brenda Dennis, City Secretary RELEASE AND TERMINATION OF ONE FOOT VEHICULAR NON - ACCESS EASEMENT THE STATE OF TEXAS § COUNTY OF BEXAR § WHEREAS, the City of Schertz, Texas, (hereinafter the "City "), received an Easement from Triple H Development, LLC, as a one foot vehicular non - access easement, across the Grantor's Property, and said Easement was established by Plat and was recorded in the Public Records of Bexar County on June 22, 2018 as document number 20180119989 (hereinafter the "Easement "); and WHEREAS, The Planning & Community Development and Engineering Departments have reviewed the Easement and have determined that the Easement is not necessary due to existing code requirements which control access points onto City roadways; and WHEREAS, The owner of Lot 3, Block 18, The Reserve at Schertz II, Unit 4 and Lot 27, Block 14, The Reserve at Schertz II, Unit 4, has requested to install a residential driveway cuts onto Largoza Ave; and WHEREAS, There would be no adverse impact to transportation in this area if the Easement is released; and WHEREAS, the City has determined that the Easement is no longer necessary as it relates to the Property; and WHEREAS, the City desires to terminate and grant a release of the Easement; and WHEREAS, A more particular description of the Easement is shown in Exhibit "A" attached hereto and incorporated herein for all purposes and has authorized such termination and release. NOW THEREFORE, for ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and for the benefit of all present and future owners of the Property, or any portion thereof, the City has RELEASED AND TERMINATED and, by these presents, does RELEASE AND TERMINATE the Easement attached hereto as Exhibit "A ". It is expressly agreed and understood that this is a release of only said Easement and that this release does not release, affect or impair any other remaining easements as they may relate to the Property or any real property which is not included within the Property. By execution hereof, the City confirms and acknowledges the Easement as platted and recorded in the Public Records of Bexar County, Texas, as document number 20180119989, and attached hereto as Exhibit "A" will be of no further force or effect. EXECUTED TO BE EFFECTIVE the day of 12019. ATTEST: Brenda Dennis, City Secretary Dr. Mark Browne, City Manager THE STATE OF TEXAS § COUNTY OF GUADALUPE § CITY OF SCHERTZ, TEXAS BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Dr. Mark Browne, City Manager of the City of Schertz, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the _day of , 2019. [Seal] Notary Public in and for the State of Texas My Commission Expires: -, I , I I , City of Schertz, Texas Attn: Planning & Community Development 1400 Schertz Parkway, Building 1 Schertz, TX 78154 Exhibit A (1 of 2 pages) — Description of the V Vehicular Non - Access Easements The Vehicular Non - Access Easement is identified as being 1 foot in depth and being parallel to the eastern property line of Lot 3, Block 18, The Reserve at Schertz II, Unit 4 as called out and established in the Final Plat Establishing The Reserve at Schertz II Unit 4, recorded on June 22, 2018 in the Bexar County, Texas Plat records as Document Number 20180119989. Said easement is adjacent to and immediately west of the Largoza Ave Right -of -Way line, as shown on the plat. The Vehicular Non - Access Easement is identified as being 1 foot in depth and being parallel to the western property line of Lot 27, Block 14, The Reserve at Schertz II, Unit 4 as called out and established in the Final Plat Establishing The Reserve at Schertz II Unit 4, recorded on June 22, 2018 in the Bexar County, Texas Plat records as Document Number 20180119989. Said easement is adjacent to and immediately west of the Largoza Ave Right -of -Way line, as shown on the plat. An excerpt from the Final Plat Establishing The Reserve at Schertz II, Unit 4, recorded on June 22, 2018 in the Bexar County, Texas Plat records as Document Number 20180119989 is included below and identifies the easements in a cloud. [aaSWIGIiI04i1 1110111[x]71011111/1 City Council Meeting: February 5, 2019 Department: Public Works Agenda No. 9 Subject: Ordinance No. 19 -M -07 — An Ordinance authorizing a Reimbursement Agreement with SCH1103, LLC., for construction of a water line extension associated with the development of the Schertz Retail Center; and establishing an effective date hereof. First Reading On November 28, 2017, City council approved this agreement with CVS Pharmacy Inc. Neither the City or CVS Pharmacy Inc. ever executed the agreement. Since then CVS Pharmacy Inc. has asked the City of Schertz to modify the agreement to change the name of the owner of Schertz Retail Center Subdivision from CVS Pharmacy Inc to the new owner SCH1103 LLC. The agreement that was approved on November 28, 2017 will be the same except for the name change to the new owner. Section 21.15.2, d of the City of Schertz Unified Development Code (UDC) requires developers to extend water and wastewater utilities to serve all lots in the subdivision and to extend across the entire frontage of the subdivision adjacent to a street or thoroughfare to provide for the orderly extension of the systems. SCH 1103, LLC., is proposing to develop the Schertz Retail Center Subdivision at the southwest corner of the intersection of FM 1103 and Old Wiederstein Road. Water and wastewater main extensions are required to meet the UDC requirements. The water main extension is required to run from FM 1103, along Old Wiederstein Road, to the end of the frontage of the subdivision. During the planning stage of the subdivision, it was identified that in order to provide a better public system — both for this proposed subdivision and the City's system overall — the water line should be extended further along Old Wiederstein Road, to Fairfax Road, and along Fairfax Road to connect to an existing line in Sunridge Road. That will provide a looped connection for the extension and alleviate a dead -end main condition. Dead end water mains are undesirable because they create a potential occurrence of stagnant water and require regular maintenance to flush the line. In order to have the construction done in the most efficient and cost - effective manner, the Developer has agreed to include construction of the City's portion of the infrastructure in their infrastructure installation contract and have the City provide reimbursement of the costs. The required portions and proposed additional (City - reimbursed) portions of the infrastructure are shown on the attached two -page Utility Exhibit. CitpCouncilMemorandumw Pagevpw W Goal Approval of Ordinance 19 -M -07 authorizing the Agreement with Developer for Construction of Public Improvement. Community Benefit Participating with the Developer of the SCH1103, LLC. Subdivision will act to alleviate the need to flush another dead -end main and provide a fresh continuous flow of water through the cities mains by eliminating an un- necessary dead -end main blow -off point. Summary of Recommended Action Staff recommends Council approve the ordinance authorizing the City to enter into the Agreement with Developer for Construction of Public Improvement with SCH1103 LLC. FISCAL IMPACT The cost for construction of the water main extension improvements to be reimbursed to the Developer is a not to exceed amount of $77,897.57 and will be paid out of water contingencies in the water budget. (The overall subdivision improvement cost is $316,951.76 with the developer's portion being $239,054.19.) Cost tabulations are attached. The developer has notified the City that this work will now be done by a different contractor than the one that prepared these initial costs. 1� Staff recommends approval of first reading of Ordinance 19 -M -07. ATTACHMENTS Ordinance 19 -M -07 Developer Reimbursement Agreement Utility Exhibit Cost Tabulation ORDINANCE NO. 19 -M -07 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A REIMBURSEMENT AGREEMENT WITH SCH1103, LLC., FOR CONSTRUCTION OF A WATER LINE EXTENSION ASSOCIATED WITH THE DEVELOPMENT OF THE SCHERTZ RETAIL CENTER; AND ESTABLISHING AN EFFECTIVE DATE HEREOF WHEREAS, this ordinance and agreement was previously approved by city council at final reading being November 28, 2017 and never executed by either party. WHEREAS, the original developer has requested the name on the agreement be changed to the name of the new owner. WHEREAS, a water main needs to be extended from FM 1103 at Old Wiederstein Road to Fairfax Drive to connect to an existing main on Sunridge Drive within the Riata Subdivision. WHEREAS, a water main extension across the frontage of the proposed Schertz Retail Center property is being built in accordance with the City's Unified Development Code. WHEREAS, the water main needs to be extended beyond the frontage of the proposed development in order to loop the water main to alleviate the potential for stagnant water in a dead -end main. WHEREAS, SCH1103, LLC., as the Developer of the Schertz Retail Center Subdivision, agrees to construct the entire water main extension of which a portion is more than what is required by this development. WHEREAS, the City Council finds that it is in the best interest of the City to enter into the Agreement with Developer for Construction of Public Improvement in order to avoid having a dead -end main. WHEREAS, Section 212.071, et. seq. of the Texas Local Government Code authorizes municipalities to enter into a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the development without complying with the competitive sealed bidding procedures of Chapter 252 of the Texas Local Government Code; and WHEREAS, Section 21.2.071, et. seq. of the Texas Local Government Code limits the participation by the municipality at a level not to exceed 30 percent of the total contract price. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CIYT OF SCHERTZ, TEXAS: The City Council hereby authorizes the City Manager to execute the agreement with Developer for Construction of Public Improvement with CVS Pharmacy, Inc., for infrastructure that will alleviate a dead -end main by looping the water main. Section I. E- 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 2. L That should any section, clause, or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance or any other ordinance of the City as a whole or any part thereof, other than the part so declared to be invalid. Section 3. L That 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 4. L This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 5. E 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. Specifically. this Ordinance shall repeal and replace Ordinance No. 17 -M -48. Approved on first reading the 5th day of February, 2019 PASSED, APPROVED AND ADOPTED, on final reading the 12th day of February, 2019. ATTEST: City Secretary, Brenda Dennis (CITY SEAL) CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter -2- REIMBURSEMENT AGREEMENT WITH DEVELOPER FOR CONSTRUCTION OF PUBLIC IMPROVEMENT THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GUADALUPE § This Development Agreement (the "Agreement ") is by and between the City of Schertz, a Texas municipal corporation (the "City "), and SCH1103, LLC owner and developer of certain hereinafter described property located within the City (the "Developer "), all collectively referred to as "Parties ", and is effective upon the execution of this Agreement by the Developer and the City (the "Effective Date "). WHEREAS, Developer wishes to develop certain property (the "Property ") located within the City limits, which is approximately 6.850 acres of land situated in the Rafael Garza Survey No. 98, Abstract No. 138, in the City of Schertz, Guadalupe County, Texas; being portion of a 2.00 Acre Tract of Land Described in Volume 1474, Page 960, Being that same tract of Land as described as 1.91 Acres in Deed of Trust as recorded in Volume 3172 Page 535 and portion of a 10.0 Acre Tract of Land Described in Volume 1969, Page 269 of the Official Public Records or Guadalupe County, Texas. WHEREAS, the Property is the subject of the application for Subdivision Plat establishing Schertz Retail Center; and WHEREAS, the Property abuts an existing subdivision and ROW wherein all water and sewer infrastructure (collectively the "Improvements ") from the intersection of FM 1103 and Old Wiederstein Road, to Fairfax Road and along Fairfax Road to Sunridge Road have not been completed; and WHEREAS, during the development planning stage for the Property, the Developer submitted to the City a request that the City participate in the completion of the Improvements, which will benefit portions of the City beyond the Schertz Retail Center Subdivision; and WHEREAS, the City has no immediate plans to construct the required Improvements, but is willing to share in the cost of the construction of such facilities, and has funds appropriated and available to do so; and WHEREAS, Developer has requested that it be allowed to construct the required Improvements to serve the Property, and share the costs with the City; and WHEREAS, Section 212.071, et. seq. of the Texas Local Government Code authorizes municipalities to enter into a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the development without complying with the competitive sealed bidding procedures of Chapter 252 of the Texas Local Government Code; and WHEREAS, Section 212.071, et. seq. of the Texas Local Government Code limits the participation by the municipality at a level not to exceed 30 percent of the total contract price. NOW THEREFORE, for and in consideration of the premises and mutual obligations, covenants, and benefits hereinafter set forth, the Parties agree as follows: ARTICLE I — Definitions. The following terms and phrases used in this Agreement shall have the meanings ascribed hereto: 1.l.w "Agreement" means this agreement, including any amendments hereto, between the City and Developer. 1.2.w "Contractor" shall mean the person, firm, corporation, partnership, association, or other entity awarded the contact by Developer for the construction and installation of the Improvements. 1.3.w "Improvements" shall mean the improvements described on Exhibit "A" 1.4.w "City's Participation Costs" shall mean costs associated with the construction of the Improvements, as designated on Exhibit `B" as City of Schertz responsibility. ARTICLE II — Construction of Improvements. 2. Lw Construction of Improvements. Developer agrees to construct the Improvements in accordance with the plans and specifications approved by the City Engineer as illustrated in Exhibit "A" attached hereto. No change in the construction plans shall be made by Developer without the prior written consent of the City Engineer. The entire cost of the construction of the Improvements shall be the responsibility and obligation of Developer, except as herein provided. 2.2.w Contracts for Construction. Developer shall contract with a qualified Contractor to construct the Improvements in accordance with the approved plans and specifications. The City Engineer shall review all contract documents and costs estimates, and shall approve the Contractor prior to the award of the contract for the Improvements. Developer shall be solely responsible for payment of the work as it is completed, and shall make all payments in a timely manner to the Contractor, sub - contractors, and other parties involved in the construction of the Improvements. 2.3.w Performance, Payment and Maintenance Bonds. Developer shall post within the City faithful performance, payment, and maintenance bonds for construction of the Improvements to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253, Texas Government Code. 2.4.w Inspection. The City Engineer or designee shall periodically inspect the construction of the Improvements in the same manner, and shall possess the same authority, as is provided during the construction of subdivision improvements pursuant to the City of Schertz Subdivision Ordinance, as amended. 2.5.w Insurance. The Contractor awarded the contract to construct the Improvements shall be required to carry Worker's Compensation Insurance on his employees and public liability and property damage insurance on his equipment and employees. The public liability insurance shall be not less than five hundred thousand dollars ($500,000.00) per person and one million dollars ($1,000,000.00) per occurrence, with property damage insurance of not less than five hundred thousand dollars ($500,000.00). In addition, City shall be furnished with Certificates of Insurance and shall be named an additional named insured on such Certificates, and City shall be notified within thirty calendar days of any cancellation of such insurance. 2.6.w Accounting. Developer shall submit to City a complete accounting of all costs incurred by Developer in the construction of the Improvements. City will not contribute or pay for any costs incurred by Developer which were not approved by City prior to it being incurred. Developer shall maintain the accounting of the Improvements for a period of two years from the date of acceptance by the City, and the City may inspect the Developer's books and records related to the Improvements at any time with reasonable notice. 2.7.w Indemnity. Developer agrees to protect, indemnify and save City harmless from and against all claims, demands and causes of action of every kind and character arising in favor of any third party on account of, or resulting from, the performance of this Agreement by Developer or Developer's agents, representatives, employees, contractors, or subcontractors. ARTICLE III — Obligations and Payments. 3.1.w City Obligations. The City agrees to pay to Developer City's Participation Costs which shall equate to the actual costs for the City's responsibility at as illustrated on Exhibit "A ". Notwithstanding any provision of this Agreement to contrary, City's Obligation shall only b e for the reimbursement of costs incurred by Developer and shall not in any event exceed Seventy -Seven Thousand Eight Hundred Ninety -Seven Dollars and Fifty -Seven Cents ($77,897.57) (hereinafter the "City's Share "). 3.2.w Payment Procedures. City shall deliver to Developer full payment of the City's Share as provided in this this section. 3.2.1 Submittal and review. Developer shall submit and the City Engineer shall review documentation, as may be reasonably required by City Engineer, showing final, actual construction costs paid by the Developer. 3.2.2 Upon the City Engineer's review and approval of the documents, a final inspection on the Improvements shall be conducted, noting any required corrections or repairs. Once corrections or repairs are made and deemed acceptable, the City will accept the Improvements. 3.2.3 Within 30 days of acceptance of the Improvements, the City will pay to Developer the City's Share. Any additional costs above Seventy -Seven Thousand Eight Hundred Ninety -Seven Dollars and Fifty -Seven Cents ($77,897.57) must be approved by the City prior to being incurred. Article IV — Assignment, Modification and Waiver. 4.I.w Assignment. This Agreement shall bind and benefit the respective Parties and their legal successors and shall not be assignable, in whole or in parry, by any party without first obtaining written consent of the other party. 4.2.w Amendment or Modification. Except as otherwise provided in this Agreement, this Agreement shall be subject to change, amendment or modification only in writing, and by the signatures and mutual consent of the Parties. 4.3.w Parties in Interest. This Agreement shall be for the sole and exclusive benefit of the Parties hereto and shall not be construed to confer any rights upon any third party. 4.4.w Remedies Not Exclusive. The rights and remedies contained in this Agreement shall not be exclusive, but shall be cumulative of all rights and remedies now or hereinafter existing, by law or in equity. 4.5.w Waiver. The failure of any party to insist in any one or more instances on the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, or condition, or right with respect to further performance. 4.6.w Entire Agreement. This Agreement constitutes the entire agreement between the Parties related to the subject matter of this Agreement and supersedes any and all prior agreements, whether oral or written, dealing with the subject matter of this Agreement. 4.7.w Venue. This Agreement shall be performable and enforceable in Guadalupe County, Texas, and shall be construed in accordance with the laws of the State of Texas. 4.8.w Severability. If any term or provision of this Agreement is held to be invalid, void or unenforceable by a court of competent jurisdiction, the remainder of the terms and provisions of this Agreement shall remain in full force and effect and shall not in any way be invalidated, impaired or affected. 4.9.w Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by (i) depositing the same in the United States mail, addressed to the party to be notified, postage prepaid, registered or certified mail, return receipt requested; or (ii) by delivering the same in person to such party; or (iii) by overnight or messenger delivery service that retains regular records of delivery and receipt; or (iv) by facsimile; provided a copy of such notice is sent within one (1) day thereafter by another method provided above. The initial addresses of the parties for the purpose of notice under this Agreement shall be as follows: If to City: CITY OF SCHERTZ 1400 Schertz Parkway Schertz, TX 78154 Attention: City Manager With copy to: Denton Navarro Rocha Bernal & Zech, P.C. 2417 N. Main Avenue San Antonio, TX 78212 Attention: Charles Zech If to Developer: SCH 1103, LLC. 116 Jefferson Street, Suite 202 Huntsville, AL 35801 4.1O.w No Joint Venture. Nothing contained in this Agreement is intended by the Parties to create a partnership or joint venture between the Parties and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint either Party as an agent of the other for any purpose whatsoever. Except, as otherwise specifically provided herein, neither Party shall in any way assume any of the liability of the other for acts of the other or obligations of the other. 4.1 l .w Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which constitute one instrument. [ Signatures and acknowledgments on the following pages-] Signature Pale to Agreement with Developer for Construction of Public Improvement This Agreement has been executed by the parties as of the dates of the Acknowledgments to be effective as of the Effective Date. Developer: SCH 1103, LLC. by: Name: Title: THE STATE OF § COUNTY OF § This instrument was acknowledged before me on the day of , 2019 by for SCH 11.03, LLC,., for the purposes herein expressed. (SEAL) Notary Public in and for The State of Texas My Commission Expires: Signature Pale to Agreement with Developer for Construction of Public Improvement This Community Facilities Agreement has been executed by the parties as of the dates of the Acknowledgments to be effective as of the Effective Date. City: CITY OF SCHERTZ, a Texas municipal corporation By: Name: Mark Browne, its City Manager THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me Browne, City Manager of the City of Schertz, of said City. (SEAL) on the day of , 2019 by Mark Texas, a Texas municipal corporation, on behalf Notary Public in and for The State of Texas My Commission Expires: EXHIBIT A IMPROVEMENTS EXHIBIT B CITY'S PARTICIPATION COSTS UTILITY NOTES: 1) GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. WILL PROVIDE UNDERGROUND ELECTRICAL SERVICE FROM THE EXISTING SERVICE POLE TO THE TRANSFORMER PAD. CONTRACTOR MUST PROVIDE TWO 5" PVC (SCH 80) CONDUITS AND A PULL STRING FROM THE EXISTING ELECTRICAL SERVICE POLE TO THE PROPOSED TRANSFORMER LOCATION. THE CONTRACTOR IS ALSO RESPONSIBLE FOR INSTALLING THREE 5" PVC CONDUITS AND SECONDARY WIRING FROM THE TRANSFORMER PAD TO THE PROPOSED BUILDING. THE CONTRACTOR IS RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE POWER SERVICE INSTALLATION AND SHALL COORDINATE WITH THE POWER COMPANY FOR FINAL UNDERGROUND CONDUIT LOCATIONS. 2) CENTERPOINT ENERGY WILL PERFORM THE GAS SERVICE CONNECTION, INSTALL THE CONDUIT, AND SET THE METER FOR THE BUILDING. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING THE SERVICE FROM THE METER INTO THE PROPOSED BUILDING. THE CONTRACTOR MUST COORDINATE WITH CENTERPOINT ENERGY. 3) CONTRACTOR MUST PROVIDE AND INSTALL A 3" PVC CONDUIT WITH PULL STRING, FROM THE EXISTING TELEPHONE SERVICE POLE TO THE TELEPHONE BOARD IN THE BUILDING. THE CONTRACTOR MUST ALSO PROVIDE A #6 GROUND WIRE AT THE TELEPHONE BOARD FOR THE TELEPHONE COMPANY TO INSTALL A PHONE LINE. 4) CITY OF SCHERTZ WILL FURNISH THE DOMESTIC WATER METER, HOWEVER THE CONTRACTOR WILL BE REQUIRED TO FURNISH ALL EQUIPMENT AND PERFORM THE TAP AND INSTALLATION. THE CONTRACTOR MUST PROVIDE AND INSTALL THE METER BOX, DOUBLE CHECK BACKFLOW PREVENTER AND ENCLOSURE, AND THE WATER SERVICE LINE FROM THE WATER METER TO THE BUILDING. 5) CITY OF SCHERTZ WILL FURNISH THE IRRIGATION METER, HOWEVER THE CONTRACTOR WILL BE REQUIRED TO FURNISH ALL EQUIPMENT AND PERFORM THE TAP AND INSTALLATION.. THE CONTRACTOR MUST PROVIDE AND INSTALL THE METER BOX, DOUBLE CHECK BACKFLOW PREVENTER AND ENCLOSURE, AND THE IRRIGATION LINES TO THE AREAS SPECIFIED ON THIS SHEET AND ON SHEET 1 -1. 6) CONTRACTOR SHALL COORDINATE AS REQUIRED WITH CITY OF SCHERTZ INSPECTIONS DURING CONSTRUCTION FOR REQUIRED INSPECTIONS. 7) THIS SITE INDICATES POTABLE WATER SERVICE AND SANITARY SEWER LATERALS. THIS WORK TO BE INSTALLED BY A LICENSED PLUMBER IF STATE LAW REQUIRES. ALL WORK MUST BE INSPECTED BY CITY OF SCHERTZ CODES AND INSPECTION DEPARTMENT. 8) ALL ON -SITE PVC PIPE SHALL HAVE CLASS B BEDDING. 9) ALL CONDUIT, PIPE, AND CHASE PIPE SHALL BE WRAPPED WITH THE APPROPRIATE LOCATION WIRE AND TAPE. 10) NO PRESSURE REDUCING VALVES ARE TO BE INSTALLED ON FIRE LINES. ALL FIRE LINES ARE TO BE INSPECTED BY CITY OF SCHERTZ FIRE SERVICE PRIOR TO COVERING. 11) NOTIFY WATER AND SEWER INSPECTOR PRIOR TO START OF CONSTRUCTION. 12) CONTRACTOR SHALL PROVIDE A COMPLETE SET OF AS -BUILT DRAWINGS INCLUDING ALL RIM ELEVATIONS, INVERT ELEVATIONS, PIPE SIZES, AND PIPE MATERIAL FOR ALL PUBLIC MAINS TO THE ENGINEER AS SOON AS INSTALLATION IS COMPLETE. 13) OWNER SHALL BE RESPONSIBLE FOR ANY REPAIR OR REPLACEMENT OF ANY IMPROVEMENTS WITHIN THE SANITARY SEWER, WATER, DRAINAGE EASEMENT(S) DUE TO MAINTENANCE OF SEWER, WATER, STORM DRAIN OF CITY OF SCHERTZ. 14) CONTRACTOR SHALL INSTALL THE DOWNSTREAM SANITARY SEWER CONNECTION IN THE RIGHT OF WAY PRIOR TO THE INSTALLATION OF THE ON -SITE SERVICE LATERALS. THE CONTRACTOR SHALL FIELD VERIFY ALL EXISTING UTILITIES SHOWN ON THE PLANS BY POT HOLING THE LINES. THE CONTRACTOR SHALL HAVE THE LINES SURVEYED, INCLUDING HORIZONTAL AND VERTICAL LOCATION, AND THE SURVEYED POINTS SENT TO THE PROJECT ENGINEER TO DETERMINE IF ANY UTILITY CONFLICTS WILL AFFECT THE CURRENT SANITARY SEWER DESIGN. 15) PVC WATER LINES LESS THAN 3" SHALL BE ASTM D 2241, SDR 21 WITH INTEGRALLY MOLDED BELL ENDS, ASTM D 2672. PVC WATER LINES 3" AND LARGER SHALL BE AWWA C900, RATED DR 18 (CLASS 150) WITH INTEGRALLY MOLDED BELL ENDS, ASTM D3139. DIP WATER LINES SHALL BE AWWA C151, THICKNESS CLASS 50. 16) PVC SANITARY SEWER LINES SHALL BE ASTM D 3034, RATED SDR 35 WITH INTEGRALLY MOLDED BELL ENDS, ASTM D 3034, TABLE 2, WITH FACTORY SUPPLIED ELECTROMETRIC GASKETS AND LUBRICANT. DIP SANITARY SEWER LINES SHALL BE ASTM A746, CLASS 50 WITH AWWA C111, RUBBER GASKET JOINT DEVICES. 17) DEMOLISHED UTILITIES NOT DEPICTED ON THIS SHEET. REFER TO THE DEMOLITION PLAN. 18) CONTRACTOR TO SAWCUT ANY SIDEWALK OR PAVEMENT THAT IS TO BE REMOVED FOR UTILITY INSTALLATION. CONTRACTOR IS RESPONSIBLE FOR REPLACING SIDEWALK, PAVEMENT AND EXISTING INFRASTRUCTURE THAT IS REMOVED /ALTERED DURING INSTALLATION OF WATER LINE. CONTRACTOR TO MATCH EXISTING CONDITION OF SIDEWALK AND PAVEMENT. 19) THE CONTRACTOR MUST FOLLOW AND ABIDE BY STANDARD NOTES AND REQUIREMENTS PROVIDED IN THE STANDARD DETAILS FOR THE CITY OF SCHERTZ PUBLIC WORKS. PLEASE REFER TO THE DETAIL SHEETS WITHIN THE DEVELOPMENT SET FOR DETAILS. SCHERTZ RETAIL CENTER EXHIBIT A iPS ♦ / t / I / r � / t \ \ \\ PROPOSED 30' >. UTILITY EASEMENT \ V A PROPOSED 6" SANITARY SEWER V A LATERAL FOR FUTURE \ EXISTING 95' DEVELOPMENT TIE IN \ V A UTILITYEASEMENT WATER CONNECTION DETAIL CONTRACTOR TO \ (2) 12" VALVES BUILT INTO EACH INSTALL WATER TEE GATE VALVE AND PLUG FOR FUTURE CONNECTION -'" / CONTRACTOR TO REMOVE $!� EXISTING BEND AND INSTALL 12" X 12" X 12" LATERAL TEE a 20 LF 12" C900 PVC WATER LINE CONTRACTOR TO 12" X 12" X 12" WATER TEE STUB 12" WATER MAIN FOR FUTURE CONNECTION 3 LF 12" C900 PVC WATER LINE 146.25 DEGREE WATER BEND 12" INLINE VALVE 81 107 LF 12" C900 PVC WATER LINE PROPOSED 16' WATER EASEMENT � I � I i N ` o NcA_ Knowwhat'sbelow Call before you dig V- 206 LF OF 12" C900 PVC WATER LINE 12" INLINE VALVE ♦ �— PROPOSED FIRE HYDRANT ASSEMBLY "i (CONTRACTOR TO REFER TO CITY OF SCHERTZ FIRE HYDRANT ASSEMBLY s DETAIL) 302 LF OF 12" C900 PVC WATER LINE EXISTING WA TER MAIN CONTRACTOR TO MAINTAIN A MINIMUM HORIZONTAL SEPARATION OF 4' FROM THE EXISTING MAIN TO THE PROPOSED MAIN. CONTRACTOR TO FOLLOW CITY OF SCHERTZ PAVED AREA TRENCH DETAIL FOR WATER MAIN INSTALLATION (TRENCH TO BE 6' WIDE CENTERED ON MAIN INSTALL, TOFF FACE OF CURB) CONTRACTOR TO COORDINATE WITH CITY OF SCHERTZ INSPECTOR FOR FLOWABLE FILL AREAS (REFER TO DETAIL C -7) APPROXIMA TE LOCA TION OF SANITARYFORCE MAIN SEE WATER CONNECTION DETAIL INSERT y' 115 LF OF 12" C900 PVC WATER LINE CONTRACTOR TO REMOVE PORTION OF CONCRETE RIPRAP FOR WATER MAIN INSTALLATION. CONTRACTOR TO SAWCUT AT EXTENTS OF TRENCH AND REMOVE AND REPLACE WITH SAME CONCRETE THICKNESS) PROPOSED FIRE HYDRANT ASSEMBLY (CONTRACTOR TO REFER TO CITY OF SCHERTZ FIRE HYDRANT ASSEMBLY DETAIL) rCVS pharmacy TM 14,698-LEFT i ■i ►I ■O ENGINEER: FORE Foresite Group, Inc. 1999 Bryan St. Suite 890 Dallas, TX 75201 CONSULTANT: REVISIONS: CITY COMMENTS 03/20/2017 CITY COMMENTS 03/30/2017 CITY COMMENTS 04/04/2017 CITY COMMENTS 04/06/2017 CITY COMMENTS 04/10/2017 CITY COMMENTS 4/17/2017 CITY COMMENTS 4/18/2017 CITY COMMENTS 4/19/2017 DRAWING BY: DK DATE: 02/24/2017 JOB NUMBER: 164.079 TITLE: UTILITIES PLAN SHEET NUMBER: C�3. COMMENTS: NOT RELEASED FOR CONSTRUCTION LEGEND EXISTING FENCE LINE PROPERTY LINE EXISTING UNDERGROUND COMMUNICATION LINE 0HP 0HP 11)HP EXISTING OVERHEAD POWER LINE — w — IN EXISTING WATER LINE EXISTING STORM LINE CATV CATV PROPOSED CABLE TELEVISION LINE — FOC FOC FOC — PROPOSED FIBER OPTIC LINE —OHP OHP OHP— PROPOSED OVERHEAD POWER LINE UG(E UGIE PROPOSED UNDERGROUND POWER LINE uGIT UGrr PROPOSED UNDERGROUND TELEPHONE LINE — GAS GAS GAS — PROPOSED GAS LINE — SS SS SS — PROPOSED SANITARY SEWER LINE —w w w— PROPOSED WATER LINE —Fw Fw Fw— PROPOSED FIRE WATER LINE ..__ _... PROPOSED STORM LINE PROPOSED UTILITY TRENCH AND PAVEMENT SCHERTZ RETAIL CENTER EXHIBIT A iPS ♦ / t / I / r � / t \ \ \\ PROPOSED 30' >. UTILITY EASEMENT \ V A PROPOSED 6" SANITARY SEWER V A LATERAL FOR FUTURE \ EXISTING 95' DEVELOPMENT TIE IN \ V A UTILITYEASEMENT WATER CONNECTION DETAIL CONTRACTOR TO \ (2) 12" VALVES BUILT INTO EACH INSTALL WATER TEE GATE VALVE AND PLUG FOR FUTURE CONNECTION -'" / CONTRACTOR TO REMOVE $!� EXISTING BEND AND INSTALL 12" X 12" X 12" LATERAL TEE a 20 LF 12" C900 PVC WATER LINE CONTRACTOR TO 12" X 12" X 12" WATER TEE STUB 12" WATER MAIN FOR FUTURE CONNECTION 3 LF 12" C900 PVC WATER LINE 146.25 DEGREE WATER BEND 12" INLINE VALVE 81 107 LF 12" C900 PVC WATER LINE PROPOSED 16' WATER EASEMENT � I � I i N ` o NcA_ Knowwhat'sbelow Call before you dig V- 206 LF OF 12" C900 PVC WATER LINE 12" INLINE VALVE ♦ �— PROPOSED FIRE HYDRANT ASSEMBLY "i (CONTRACTOR TO REFER TO CITY OF SCHERTZ FIRE HYDRANT ASSEMBLY s DETAIL) 302 LF OF 12" C900 PVC WATER LINE EXISTING WA TER MAIN CONTRACTOR TO MAINTAIN A MINIMUM HORIZONTAL SEPARATION OF 4' FROM THE EXISTING MAIN TO THE PROPOSED MAIN. CONTRACTOR TO FOLLOW CITY OF SCHERTZ PAVED AREA TRENCH DETAIL FOR WATER MAIN INSTALLATION (TRENCH TO BE 6' WIDE CENTERED ON MAIN INSTALL, TOFF FACE OF CURB) CONTRACTOR TO COORDINATE WITH CITY OF SCHERTZ INSPECTOR FOR FLOWABLE FILL AREAS (REFER TO DETAIL C -7) APPROXIMA TE LOCA TION OF SANITARYFORCE MAIN SEE WATER CONNECTION DETAIL INSERT y' 115 LF OF 12" C900 PVC WATER LINE CONTRACTOR TO REMOVE PORTION OF CONCRETE RIPRAP FOR WATER MAIN INSTALLATION. CONTRACTOR TO SAWCUT AT EXTENTS OF TRENCH AND REMOVE AND REPLACE WITH SAME CONCRETE THICKNESS) PROPOSED FIRE HYDRANT ASSEMBLY (CONTRACTOR TO REFER TO CITY OF SCHERTZ FIRE HYDRANT ASSEMBLY DETAIL) rCVS pharmacy TM 14,698-LEFT i ■i ►I ■O ENGINEER: FORE Foresite Group, Inc. 1999 Bryan St. Suite 890 Dallas, TX 75201 CONSULTANT: REVISIONS: CITY COMMENTS 03/20/2017 CITY COMMENTS 03/30/2017 CITY COMMENTS 04/04/2017 CITY COMMENTS 04/06/2017 CITY COMMENTS 04/10/2017 CITY COMMENTS 4/17/2017 CITY COMMENTS 4/18/2017 CITY COMMENTS 4/19/2017 DRAWING BY: DK DATE: 02/24/2017 JOB NUMBER: 164.079 TITLE: UTILITIES PLAN SHEET NUMBER: C�3. COMMENTS: NOT RELEASED FOR CONSTRUCTION UTILITY NOTES: 1) GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. WILL PROVIDE UNDERGROUND ELECTRICAL SERVICE FROM THE EXISTING SERVICE POLE TO THE TRANSFORMER PAD. CONTRACTOR MUST PROVIDE TWO 5" PVC (SCH 80) CONDUITS AND A PULL STRING FROM THE EXISTING ELECTRICAL SERVICE POLE TO THE PROPOSED TRANSFORMER LOCATION. THE CONTRACTOR IS ALSO RESPONSIBLE FOR INSTALLING THREE 5" PVC CONDUITS AND SECONDARY WIRING FROM THE TRANSFORMER PAD TO THE PROPOSED BUILDING. THE CONTRACTOR IS RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE POWER SERVICE INSTALLATION AND SHALL COORDINATE WITH THE POWER COMPANY FOR FINAL UNDERGROUND CONDUIT LOCATIONS. 2) CENTERPOINT ENERGY WILL PERFORM THE GAS SERVICE CONNECTION, INSTALL THE CONDUIT, AND SET THE METER FOR THE BUILDING. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING THE SERVICE FROM THE METER INTO THE PROPOSED BUILDING. THE CONTRACTOR MUST COORDINATE WITH CENTERPOINT ENERGY. 3) CONTRACTOR MUST PROVIDE AND INSTALL A 3" PVC CONDUIT WITH PULL STRING, FROM THE EXISTING TELEPHONE SERVICE POLE TO THE TELEPHONE BOARD IN THE BUILDING. THE CONTRACTOR MUST ALSO PROVIDE A #6 GROUND WIRE AT THE TELEPHONE BOARD FOR THE TELEPHONE COMPANY TO INSTALL A PHONE LINE. 4) CITY OF SCHERTZ WILL FURNISH THE DOMESTIC WATER METER, HOWEVER THE CONTRACTOR WILL BE REQUIRED TO FURNISH ALL EQUIPMENT AND PERFORM THE TAP AND INSTALLATION. THE CONTRACTOR MUST PROVIDE AND INSTALL THE METER BOX, DOUBLE CHECK BACKFLOW PREVENTER AND ENCLOSURE, AND THE WATER SERVICE LINE FROM THE WATER METER TO THE BUILDING. 5) CITY OF SCHERTZ WILL FURNISH THE IRRIGATION METER, HOWEVER THE CONTRACTOR WILL BE REQUIRED TO FURNISH ALL EQUIPMENT AND PERFORM THE TAP AND INSTALLATION.. THE CONTRACTOR MUST PROVIDE AND INSTALL THE METER BOX, DOUBLE CHECK BACKFLOW PREVENTER AND ENCLOSURE, AND THE IRRIGATION LINES TO THE AREAS SPECIFIED ON THIS SHEET AND ON SHEET 1 -1. 6) CONTRACTOR SHALL COORDINATE AS REQUIRED WITH CITY OF SCHERTZ INSPECTIONS DURING CONSTRUCTION FOR REQUIRED INSPECTIONS. 7) THIS SITE INDICATES POTABLE WATER SERVICE AND SANITARY SEWER LATERALS. THIS WORK TO BE INSTALLED BY A LICENSED PLUMBER IF STATE LAW REQUIRES. ALL WORK MUST BE INSPECTED BY CITY OF SCHERTZ CODES AND INSPECTION DEPARTMENT. 8) ALL ON -SITE PVC PIPE SHALL HAVE CLASS B BEDDING. 9) ALL CONDUIT, PIPE, AND CHASE PIPE SHALL BE WRAPPED WITH THE APPROPRIATE LOCATION WIRE AND TAPE. 10) NO PRESSURE REDUCING VALVES ARE TO BE INSTALLED ON FIRE LINES. ALL FIRE LINES ARE TO BE INSPECTED BY CITY OF SCHERTZ FIRE SERVICE PRIOR TO COVERING. 11) NOTIFY WATER AND SEWER INSPECTOR PRIOR TO START OF CONSTRUCTION. 12) CONTRACTOR SHALL PROVIDE A COMPLETE SET OF AS -BUILT DRAWINGS INCLUDING ALL RIM ELEVATIONS, INVERT ELEVATIONS, PIPE SIZES, AND PIPE MATERIAL FOR ALL PUBLIC MAINS TO THE ENGINEER AS SOON AS INSTALLATION IS COMPLETE. 13) OWNER SHALL BE RESPONSIBLE FOR ANY REPAIR OR REPLACEMENT OF ANY IMPROVEMENTS WITHIN THE SANITARY SEWER, WATER, DRAINAGE EASEMENT(S) DUE TO MAINTENANCE OF SEWER, WATER, STORM DRAIN OF CITY OF SCHERTZ. 14) CONTRACTOR SHALL INSTALL THE DOWNSTREAM SANITARY SEWER CONNECTION IN THE RIGHT OF WAY PRIOR TO THE INSTALLATION OF THE ON -SITE SERVICE LATERALS. THE CONTRACTOR SHALL FIELD VERIFY ALL EXISTING UTILITIES SHOWN ON THE PLANS BY POT HOLING THE LINES. THE CONTRACTOR SHALL HAVE THE LINES SURVEYED, INCLUDING HORIZONTAL AND VERTICAL LOCATION, AND THE SURVEYED POINTS SENT TO THE PROJECT ENGINEER TO DETERMINE IF ANY UTILITY CONFLICTS WILL AFFECT THE CURRENT SANITARY SEWER DESIGN. 15) PVC WATER LINES LESS THAN 3" SHALL BE ASTM D 2241, SDR 21 WITH INTEGRALLY MOLDED BELL ENDS, ASTM D 2672. PVC WATER LINES 3" AND LARGER SHALL BE AWWA C900, RATED DR 18 (CLASS 150) WITH INTEGRALLY MOLDED BELL ENDS, ASTM D3139. DIP WATER LINES SHALL BE AWWA C151, THICKNESS CLASS 50. 16) PVC SANITARY SEWER LINES SHALL BE ASTM D 3034, RATED SDR 35 WITH INTEGRALLY MOLDED BELL ENDS, ASTM D 3034, TABLE 2, WITH FACTORY SUPPLIED ELECTROMETRIC GASKETS AND LUBRICANT. DIP SANITARY SEWER LINES SHALL BE ASTM A746, CLASS 50 WITH AWWA C111, RUBBER GASKET JOINT DEVICES. 17) DEMOLISHED UTILITIES NOT DEPICTED ON THIS SHEET. REFER TO THE DEMOLITION PLAN. 18) CONTRACTOR TO SAWCUT ANY SIDEWALK OR PAVEMENT THAT IS TO BE REMOVED FOR UTILITY INSTALLATION. CONTRACTOR IS RESPONSIBLE FOR REPLACING SIDEWALK, PAVEMENT AND EXISTING INFRASTRUCTURE THAT IS REMOVED /ALTERED DURING INSTALLATION OF WATER LINE. CONTRACTOR TO MATCH EXISTING CONDITION OF SIDEWALK AND PAVEMENT. 19) THE CONTRACTOR MUST FOLLOW AND ABIDE BY STANDARD NOTES AND REQUIREMENTS PROVIDED IN THE STANDARD DETAILS FOR THE CITY OF SCHERTZ PUBLIC WORKS. PLEASE REFER TO THE DETAIL SHEETS WITHIN THE DEVELOPMENT SET FOR DETAILS. SCHERTZ RETAIL CENTER EXHIBIT A /PS LEGEND EXISTING FENCE LINE PROPERTY LINE EXISTING UNDERGROUND COMMUNICATION LINE \E'P 0HP Dip EXISTING OVERHEAD POWER LINE v EXISTING WATER LINE „.. EXISTING STORM LINE CATV CATV PROPOSED CABLE TELEVISION LINE —FOC FOC FOC— PROPOSED FIBER OPTIC LINE -OHP OHP OHP— PROPOSED OVERHEAD POWER LINE uGie uGie PROPOSED UNDERGROUND POWER LINE uG(r u0 /T PROPOSED UNDERGROUND TELEPHONE LINE —GAS GAS GAS— PROPOSED GAS LINE — SS SS SS — PROPOSED SANITARY SEWER LINE —w w w— PROPOSED WATER LINE —Fw Fw Fw— PROPOSED FIRE WATER LINE PROPOSED STORM LINE PROPOSED UTILITY TRENCH AND PAVEMENT SCHERTZ RETAIL CENTER EXHIBIT A /PS \c / t � \ \ \ \ \ O \ \ \ . 1 ...v . 61 `\ q \ , v\ y�{ 400 / $ t , - PROPOSED 12" INLINE VALVE SGHtK I Z PAVEU AREA I HENGH DETAIL FOR WATER MAIN yz�;,..tt. # ' INSTALLATION (TRENCH TO BE 6' _�'-- 8" X 8" X 8" CUT IN WATER TEE WIDE CENTERED ON MAIN INSTALL, V — (2) 8" VALVES BUILT INTO WATER TEE 3' OFF FACE OF CURB) " — CONTRACTOR TO OPEN CUT ROADWAY FOR WATER MAIN EXTENSION ' l� „ UTILITY EXHIBIT Developer Responsibility - Wastewater Developer Responsibility -Water City Responsibility - Water 37 LF LF OF 8" C900 PVC WATER LINE i 12" X 8" WATER REDUCER 7 f 89 LF LF OF 12" C900 PVC WATER LINE - t "A� APPROX/MA TEL 0CAT/ON OF SANITARY SEWER MANHOLE APPROX/MA TEL OCAT /ON OF ` 18" SANITARY SEWER GRAV/TYMA /N EXISTING RIGHT -OF -WAY LINE i" p P` CONTRACTOR TO MAINTAIN A MINIMUM HORIZONTAL y7z -" SEPARATION OF 4' FROM THE EXISTING MAIN TO THE r -" PROPOSED MAIN. --� 290 LF OF 12" C900 PVC WATER LINE EXISTING GROUND MOUNTED ` TRANSFORMER (CONTRACTOR TO COORDINATE WITH GVEC DURING CONSTRUCTION TO MAINTAIN POWER SERVICE) PROPOSED FIRE HYDRANT (REFER TO CITY OF SCHERTZ FIRE HYDRANT ASSEMBLY 45 DEGREE WATER BEND DETAIL) — THRUST BLOCK (TYP.) %VCVS pharmacy TM 14,698-LEFT DIVIVE-TUVU BU, ►lPO ENGINEER: FORES11TE Foresite Group, Inc. 1999 Bryan St. Suite 890 Dallas, TX 75201 CONSULTANT: o 214.939.7123 f 888.765.8135 w ( www.fg- inc.net REVISIONS: CITY COMMENTS 03/20/2017 CITY COMMENTS 03/30/2017 CITY COMMENTS 04/04/2017 CITY COMMENTS 04/06/2017 CITY COMMENTS 04/10/2017 CITY COMMENTS 4/18/2017 CITY COMMENTS 4/19/2017 DRAWING BY: DK DATE: 02/24/2017 JOB NUMBER: 164.079 TITLE: UTILITIES PLAN SHEET NUMBER: C�3 ■ 1_ COMMENTS: NOT RELEASED FOR CONSTRUCTION i' \c / t � \ \ \ \ \ O \ \ \ . 1 ...v . 61 `\ q \ , v\ y�{ 400 / $ t , - PROPOSED 12" INLINE VALVE SGHtK I Z PAVEU AREA I HENGH DETAIL FOR WATER MAIN yz�;,..tt. # ' INSTALLATION (TRENCH TO BE 6' _�'-- 8" X 8" X 8" CUT IN WATER TEE WIDE CENTERED ON MAIN INSTALL, V — (2) 8" VALVES BUILT INTO WATER TEE 3' OFF FACE OF CURB) " — CONTRACTOR TO OPEN CUT ROADWAY FOR WATER MAIN EXTENSION ' l� „ UTILITY EXHIBIT Developer Responsibility - Wastewater Developer Responsibility -Water City Responsibility - Water 37 LF LF OF 8" C900 PVC WATER LINE i 12" X 8" WATER REDUCER 7 f 89 LF LF OF 12" C900 PVC WATER LINE - t "A� APPROX/MA TEL 0CAT/ON OF SANITARY SEWER MANHOLE APPROX/MA TEL OCAT /ON OF ` 18" SANITARY SEWER GRAV/TYMA /N EXISTING RIGHT -OF -WAY LINE i" p P` CONTRACTOR TO MAINTAIN A MINIMUM HORIZONTAL y7z -" SEPARATION OF 4' FROM THE EXISTING MAIN TO THE r -" PROPOSED MAIN. --� 290 LF OF 12" C900 PVC WATER LINE EXISTING GROUND MOUNTED ` TRANSFORMER (CONTRACTOR TO COORDINATE WITH GVEC DURING CONSTRUCTION TO MAINTAIN POWER SERVICE) PROPOSED FIRE HYDRANT (REFER TO CITY OF SCHERTZ FIRE HYDRANT ASSEMBLY 45 DEGREE WATER BEND DETAIL) — THRUST BLOCK (TYP.) %VCVS pharmacy TM 14,698-LEFT DIVIVE-TUVU BU, ►lPO ENGINEER: FORES11TE Foresite Group, Inc. 1999 Bryan St. Suite 890 Dallas, TX 75201 CONSULTANT: o 214.939.7123 f 888.765.8135 w ( www.fg- inc.net REVISIONS: CITY COMMENTS 03/20/2017 CITY COMMENTS 03/30/2017 CITY COMMENTS 04/04/2017 CITY COMMENTS 04/06/2017 CITY COMMENTS 04/10/2017 CITY COMMENTS 4/18/2017 CITY COMMENTS 4/19/2017 DRAWING BY: DK DATE: 02/24/2017 JOB NUMBER: 164.079 TITLE: UTILITIES PLAN SHEET NUMBER: C�3 ■ 1_ COMMENTS: NOT RELEASED FOR CONSTRUCTION EXHIBIT B SCHERTZ RETAIL CENTER WATER AND WASTEWATER EXTENSION COST Description Cost Quantity Unit Unit Cost Unit E manhole over existing stub $ 7,758.70 1 $ 7,758.70 LUMP 8 SDR 26 PCV Pipe $23,241.55 423 LF $ 54.94 LF 8 "x6" single clean out w Traffic Cover $ 2,263.50 1 $ 2,263.50 LUMP 5' Manholes with 32" Ring and Covers $ 28,878.80 4 $ 7,219.70 EACH 5' Risers $17,838.60 6 $ 2,973.10 EACH Road Bores with Pits $35,084.45 1 $ 35,084.45 LUMP 18 Casing $9,458.20 131 LF $ 72.20 LF 18" Ca sing Spacers and Seals $3,244.50 7 $ 463.50 EACH Detectable Warning Tape $ 167.75 1 $ 167.75 EACH Trench Excavation Protection $1,677.50 1 $ 1,677.50 LUMP Spoil Removal $ 2,200.00 1 $ 2,200.00 LUMP Manhole Testing $ 1,254.00 1 $ 1,254.00 LUMP Air Test $ 544.50 1 $ 544.50 LUMP Subtotal Offsite Sewer $ 133,612.05 12" MJ Cut In Tee with MegaLug $ 5,117.75 1 EACH $ 5,117.75 EACH 8" Ml Cut In Tee with Megalug $ 4,557.55 1 EACH $ 4,557.55 EACH 12" Ml Gate Valve with Box 1 EACH $14,694.30 8 EACH $ 1,836.79 EACH 8" Ml Gate Valve with Box $ 3,098.10 2 EACH $ 1,549.05 EACH 12" C -900 Dr -14 PVC Pipe $ 46,413.20 1220 LF $ 38.04 LF 8" C -900 Dr-14 PVC Pipe $ 598.00 37 LF $ 16.16 LF 6" PR 350 Ductile Iron Pipe $ 2,047.65 52 LF $ 39.38 LF MJ 1/32" deg Bend w Megalug $ 1,291.90 1 EACH $ 1,291.90 EACH MJ 1/16" deg Bend w Mega $ 660.90 1 EACH $ 660.90 EACH M11/8" deg Bend w Megalug $ 2,02120 3 EACH $ 674.40 EACH 12x6 MJ Anchor Tee $ 2,947.20 4 EACH $ 736.80 EACH 12 Ml Tee w Mega Lug $ 887.46 1 EACH $ 887.46 EACH 12x8 MJ Reducer w MegaLug $ 558.80 1 EACH $ 558.80 EACH 12" Vertical Offset $ 2,337.60 2 EACH $ 1,168.80 EACH 12x2 Temp Blow off $ 1,577.65 1 EACH $ 1,577.65 EACH 4 Std Hydrant Assy Complete $ 17,789.60 4 EACH $ 4,447.40 EACH 3000 PSI thrust block $ 4,033.80 5 EACH $ 806.76 EACH Detectable warning tape $ 312.25 2 EACH $ 156.13 EACH Hydrostatic Pressure Test $ 560.20 1 LUMP $ 560.20 LUMP Spoils Removal $ 4,950.00 1 LUMP $ 4,950.00 LUMP 2" asphalt repair $ 11,157.80 577 SQ. YD. $ 19.34 SQ. YD. Traffic Control $ 13,200.00 1 LUMP $ 13,200.00 LUMP Steel Plates $ 2,750.00 1 LUMP $ 2,750.00 LUMP 290 cu yds flowable Fill $ 38,280.00 290 Cu Yds $ 132.00 Cu Yds 2" adjust existing fire hydrant $ 1,244.90 1 EACH $ 1,244.90 EACH 2" demo existing meter at Tap $ 24930 1 EACH $ 249.90 EACH All costs by Five star (subdivided by Tenants) Schertz Retail Center Costs (To be split among tenants) City of Schertz Costs Cost Schertz Quantity Schertz Unit Unit Cost Unit $ - 0 EACH $ 5,117.75 EACH $ 4,557.55 1 EACH $ 4,557.55 EACH $ 1,836.79 1 EACH $ 1,836.79 EACH $ 3,098.10 2 EACH $ 1,549.05 EACH $20,315.29 534 LF $ 38.04 LF $ 598.00 37 LF $ 16.16 LF $ 1,023.83 26 LF $ 39.38 LF $ 1,29130 1 EACH $ 1,291.90 EACH $ - 0 EACH $ 660.90 EACH $ 1,348.80 2 EACH $ 674.40 EACH $ 1,473.60 2 EACH $ 736.80 EACH $ - EACH $ 887.46 EACH $ 558.80 1 EACH $ 558.80 EACH $ - 0 EACH $ 1,168.80 EACH $ - 0 EACH $ 1,577.65 EACH $ 8,894.80 2 EACH $ 4,447.40 EACH $ 2,420.28 3 EACH $ 806.76 EACH $ 156.13 1 EACH $ 156.13 EACH $ - 0 LUMP $ 560.20 LUMP $ - 0 LUMP $ 4,950.00 LUMP $ 4,737.71 245 SQ. YD. $ 19.34 SQ. YD. $ 6,600.00 0.5 LUMP $ 13,200.00 LUMP $ 2,750.00 1 LUMP $ 2,750.00 LUMP $16,236.00 123 Cu Yds $ 132.00 Cu Yds $ - 0 EACH $ 1,244.90 EACH $ - 0 EACH $ 249.90 EACH Schertz Retail Center Costs (To be split among tenants) Cost Five Star Quantity Five Star Unit Unit Cost Unit $ 5,117.75 1 EACH $ 5,117.75 EACH $ - 0 EACH $ 4,557.55 EACH $ 12,857.51 7 EACH $ 1,836.79 EACH $ - 0 EACH $ 1,549.05 EACH $ 26,097.91 686 LF $ 38.04 LF $ - 0 LF $ 16.16 LF $ 1,023.83 26 LF $ 39.38 LF $ - 0 EACH $ 1,29130 EACH $ 660.90 1 EACH $ 660.90 EACH $ 674.40 1 EACH $ 674.40 EACH $ 1,473.60 2 EACH $ 736.80 EACH $ 887.46 1 EACH $ 887.46 EACH $ - 0 EACH $ 558.80 EACH $ 2,337.60 2 EACH $ 1,168.80 EACH $ 1,577.65 1 EACH $ 1,577.65 EACH $ 8,894.80 2 EACH $ 4,447.40 EACH $ 1,613.52 2 EACH $ 806.76 EACH $ 156.13 1 EACH $ 156.13 EACH $ 560.20 1 LUMP $ 560.20 LUMP $ 4,950.00 1 LUMP $ 4,950.00 LUMP $ 6,420.09 332 SQ. YD. $ 19.34 SQ. YD. $ 6,600.00 0.5 LUMP $ 13,200.00 LUMP $ - 0 LUMP $ 2,750.00 LUMP $ 22,044.00 167 Cu Yds $ 132.00 Cu Yds $ 1,244.90 1 EACH $ 1,244.90 EACH $ 249.90 1 EACH $ 249.90 EACH Offsite Water Subtotal $ 183,339.71 $77,897.57 $105,442.14 AN ORDINANCE OF i OF THE CITY OF SCHERTZ, TEXAS, RELEASING # TERMINATING VEHICULAR EASEMENT NON ACCESS BLOCK ► # BLOCK 14 OF THE RESERVE AT SCHERTZ 11 UNIT 4; AND ESTABLISHING AN DATE WHEREAS, the City of Schertz, Texas, (hereinafter the "City "), received an Easement from Triple H Development, LLC, as a one foot vehicular non - access easement, across the Grantor's Property, and said Easement was established by Plat and was recorded in the Public Records of Bexar County on June 22, 2018 as document number 20180119989 (hereinafter the "Easement "); and WHEREAS, The Planning & Community Development and Engineering Departments have reviewed the Easement and have determined that the Easement is not necessary due to existing code requirements which control access points onto City roadways; and WHEREAS, The owner of Lot 3, Block 18, The Reserve at Schertz II, Unit 4 and Lot 27, Block 14, The Reserve at Schertz 11, Unit 4, has requested to install residential driveway cuts onto Largoza Ave; and WHEREAS, There would be no adverse impact to transportation in this area if the Easement is released; and WHEREAS, the City has determined that the Easement is no longer necessary as it relates to the Property; and WHEREAS, the City desires to terminate and grant a release of the Easement; and WHEREAS, A copy of the Release and Termination of Vehicular Non - Access easement Instrument, which includes a more particular description of the Easement is shown in Exhibit "A" attached hereto and incorporated herein for all purposes and has authorized such termination and release. THEREFORE, BE ' # # BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the recitals contain in the preamble hereto 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 2. That the City Council finds that such release and termination of the vehicle non access easement as requested will cause no harm or injury to the City of Schertz or its citizens, said Easement is not needed for public purpose and it is in the public interest to release and terminate said Easement. Section 3. That the Easement as depicted in Exhibit "A ", is hereby released and terminated insofar as the right, title or easement of the public is concerned and shall only extend to the public right, title and easement that the City may legally and lawfully abandon. Section 4. That the City Manager is hereby authorized to execute a release and termination of the drainage easement in substantially the same form as set out in Exhibit "A ", and such other instruments and documents that are reasonably necessary to effectuate the purpose of this Ordinance. Section 5. That should any section, clause, or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance or any other ordinance of the city as a whole or any part thereof, other than the part so declared to be invalid. Section 6. That it is officially found, determined and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 8. 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 5th day of February 2019 CITY OF SCHERTZ Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Exhibit A "Release and Termination of Public Drainage Easement" Agenda No. 10 K4011106 I ELVA 10405 L11 ' • 1 City Council Meeting: February 5, 2019 Department: Planning & Community Development Subject: Ordinance No. 19 -K -05 — Consideration and /or action approving an Ordinance releasing and terminating vehicular non - access easements on Lot 3, Block 18, and Lot 27, Block 14, The Reserve at Schertz II, Unit 4. (First Reading) The property owner of Lot 3, Block 18 and Lot 27, Block 14 has requested the termination of the vehicular non - access easement in order to install residential driveways onto Largoza Avenue from the two residential lots. Currently, a driveway cuts onto Largoza Ave. for both 7104 and 7094 Jamie Lyn Blvd. are prohibited due to a platted 1 -foot Vehicular Non- Access Easement along the sides of the two lots. When the Reserve at Schertz II subdivision was Master Planned there was a secondary arterial roadway ( Lazer Parkway) that was intended to cross through the subdivision. As such Largoza Ave. was sized and constructed to a Collector class roadway (60' right -of -way). Pursuant to the Unified Development Code, access is restricted for residential lots onto major streets (this includes collector class roadways). Subsequent to the approval of the master plan, the City adopted a new master thoroughfare plan which has removed Lazar Parkway as a system roadway. While various segments of the right -of- way have been dedicated, there are no current plans to construct this roadway. This causes Largoza Ave. to function more closely to a typical residential local roadway than a collector roadway. Because of this change staff is comfortable supporting a request to release the 1 foot vehicular non - access easement along both Lot 3, Block 18 (7104 Jamie Lyn Blvd.), and Lot 27, Block 14 (7094 Jamie Lyn Blvd.). Vehicular non - access easements are generally used to control or restrict access onto certain roadway. As a result of updates to the Public Works Specifications manual related to roadway access requirements, the one foot (1') wide vehicle non - access easement is no longer needed to control or restrict access in this subdivision. Goal The goal of this ordinance is to release and terminate the vehicular non - access easements that are located along the sides of Lot 3, Block 18, and Lot 27, Block 14, The Reserve at Schertz II, Unit 4 adjacent to Largoza Ave. CitpCouncilMemorandumw Pagevpw W Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. The release of the vehicular non - access easements will allow the affected property owner to construct an additional access point, residential curb cuts, onto Largoza Ave. Summary of Recommended Action Approval of Ordinance 19 -K -05 authorizing the release and termination of a vehicular non - access easement along the sides of Lot 3, Block 18, and Lot 27, Block 14, The Reserve at Schertz II, Unit 4, will remove an encumbrance and provide the affected property owner the ability to construct an additional access point or a residential curb cut, onto Largoza Ave. The City Planning and Engineering Departments have reviewed the request and found the existing one foot (1') wide vehicular non - access easements to no longer be needed due to changes regarding access restrictions provided in the Public Works Specifications Manual which limit and control the number, size and spacing of roadway access points onto City owned and maintained roadways. Release of this easement will not be detrimental to the public welfare and construction of the new proposed drive and associated intersection improvements will be beneficial to the City's roadway system. FISCAL IMPACT None RECOMMENDATION Staff recommends approval of ordinance no. 1.9 -K -05 on first reading. ATTACHMENT Ordinance No. 19 -K -05 Release and Termination of Vehicular Non - Access Easement Agenda No. 11 K4011106 I ELVA 10405 L11 ' • 1 City Council Meeting: February 5, 2019 Department: Planning & Community Development Subject: Ordinance No. 19 -5 -04 — Conduct a public hearing and consideration and/or action on a request to rezone 802 Main Street, approximately 0.24 acres of land from General Business District (GB) to Main Street Mixed Use District (MSMU. (First Reading) BACKGROUND The applicant is proposing to rezone approximately 0.24 acre of land from General Business District (GB) to Main Street Mixed Use District (MSMU). The subject property is 802 Main Street and has an existing residential structure. Public hearing notice was published in the San Antonio Express News on January 16, 2019. Ten (10) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on December 27, 2018, prior to the Planning & Zoning Commission meeting that took place on January 9, 2019. At the time of this report, Staff has received three (3) responses in favor, zero (0) responses opposed or neutral to the request. The following resident spoke at the January 9, 2019 Planning & Zoning Commission Public Hearing: •w John Del Toro- 3351 Harvest Crest, Marion ow Explained the concerns with using the property in a commercial setting with the current zoning restrictions. Indicated that there are unique situations with the properties on Main Street with the current zoning requirements. Goal The proposed rezone is for approximately 0.24 acres of land from General Business District (GB) to Main Street Mixed Use District (MSMU) located at 802 Main Street. CitpCouncilMemorandumw Pagevpw W 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. Summary of Recommended Action The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the subject property as part of Historic Downtown Schertz. The objectives for Historic Downtown Schertz are to leverage Schertz's history and heritage to create a unique destination with local independent businesses, encouraging the use of existing buildings. The Main Street Mixed -Use District (MSMU) was created to help achieve these objectives. The Main Street Mixed -Use District (MSMU) is intended to provide a base zoning district to the area along Main Street. In light of the history of the area and variety of land uses that exist, this zoning district allows for both single - family residential uses and low intensity commercial uses. Reduced setbacks and parking requirements are provided as part of this district due to physical constraints. •w Comprehensive Land Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change will provide for either single family or low intensity commercial occupancy. •w Impact on Infrastructure: The proposed zoning request should have a minimal impact on the existing water and wastewater systems. •w Impact on Public Facilities /Services: The proposed rezoning should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. •w Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by single family land use, right of way, a drainage channel, a railroad, and undeveloped land. The Main Street Mixed -Use District (MSMU) will allow for either low intensity commercial or single- family residential both, of which are compatible with the adjacent land uses. Additionally, the proposed zoning is compatible with the Comprehensive Land Use Plan. The applicant is requesting to rezone the property from General Business District (GB) to Main Street Mixed Use District (MSMU). The Comprehensive Land Use Plan identifies this area as Historic Downtown Schertz which is intended to leverage Schertz's history and heritage to create a unique destination with local independent businesses, encouraging the use of existing buildings. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services and is consistent with the Comprehensive Land Use Plan and compatible with the surrounding land uses. The applicant is proposing to rezone the property for the current General Business District (GB)to Main Street Mixed Use District (MSMU), to allow for low intensity commercial land uses that are permitted in the Main Street Mixed Use District (MSMU). City \Coundh /Memorandumw Page\6w w Based on the Comprehensive Land Use Plan and surrounding land uses the Main Street Mixed Use District (MSMU) is the most appropriate zoning district for this tract of land. Staff recommends approval of the rezoning application as submitted. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on January 9, 2019 and offered a recommendation of approval by a unanimous vote. Based on the goals and objectives of the Comprehensive Land Use Plan, the existing land use conditions, Office and Professional is the most appropriate zoning district for this property. Staff recommends approval of the proposed rezoning as submitted. ATTACHMENT Ordinance No. 19 -S -04 200' Notification Map Aerial Map Exhibit Citizen Responses ORDINANCE NO. 19 -S -04 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING 802 MAIN STREET, APPROXIMATELY 0.24 ACRES OF LAND FROM GENERAL BUSINESS DISTRICT, (GB) TO MAIN STEET MIXED USE DISTRICT (MSMU). WHEREAS, an application to rezone approximately 0.24 acres of land located at 802 Main Street, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on January 9, 2019, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning; and WHEREAS, on February 5, 2019 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Main Street Mixed Use District (MSMU). 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 5th day of February 2019. . PASSED, APPROVED AND ADOPTED on final reading the 12th day of February 2019. Michael R. Carpenter, Mayor Brenda Dennis, City Secretary Exhibit A "The Property" DEW 1 RMCADS vv�,vmc Fmw. 162 VrMPWL , mrom's I *Mtu SIMOV g REM 4Wm*uf., wu.pf Room I amml C-Ross BnAvest I Exhibit B "The Property" S C E C Z CO UMTV�SERN CE +OPPORTUNITY TTZ gtT IT �r IT I MmZam M 444ism MIUU01:11111111 BOOM= I'll fe I i I o , I I # i I � ` « \ ƒ: \�� ) ° /\ >$. mil be o Planner ------------- — ----- Reply Form $ 1 , I �uayj 1K# 1019 December 27, 2018 NOTICE OF PUBLIC HEARING mil De o Planner I am: in favor COMMENTS: STREET ADDRESS: DATE: ----- — ------ — - --- ------- Reply Form # ■ . . e ■ 1400 Schertz Parkway Scheft, Texas 78154 210,619.1000 schertz.com i i"" I IN, � HI * Q OW Ell W I Me r i w `i w i i♦ •' 1 �� f ° • i i w. i iw i i # i •' i w i t i request i rezone 80 , in Streetapproximately 0.24 acres of land, from a Business i Main Street .i The Plannin i and Zoni i Co ':ri Planner • i COITIMENTS- -NAME- Reply Form opposedto ■ neutral to (PLEASE PRINT) STREET ADDRESS: J DATE: I A Jai 9' i • t 1t� 1400 Schertz Parkway tc Schertz, Texas 78154 2101.619.1000 schertz.com Agenda No. 12 CITY COUNCIL MEMORANDUM City Council Meeting: February 5, 2019 Department: Fleet & Facility Services Subject: Resolution No. 19 -R -15 A Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to enter into an agreement for the purchase of seven (7) vehicles, one (1) backhoe, one (1) portable generator, one (1) tandem axle dump truck, and one (1) aerial bucket truck Background The Fleet & Facility Services Department has developed a 5 -year replacement program to provide equitable solutions for vehicle replacement. The strategy is based on current industry /municipal standards, as well as, yearly review and adjustments by the Fleet staff through means of condition assessments. With the combined efforts of staff including Fleet and Purchasing, staff solicited multiple bids for all vehicles and equipment through local and statewide vendors associated with Texas cooperative purchase agreements. These cooperative agreements allow the City to utilize contracts with a large network of participating vendors providing the best value for the City. The combined purchase for all units is $588,894.99, plus additional outfitting costs provided by local vendors and internal staff in the amount of $21,300.00, and expected repair costs of $55,000 for a total not to exceed amount $665,194.99. The vendors selected and expenses are as follows; Silsbee Ford was selected for seven (7) light duty vehicles for the amount of $188,849.60. Approved expenses to date equal $562,940.49, with an additional $188,849.60 for the proposed purchase, for a not exceed amount of $751,790.09. RDO Equipment was selected for one (1) John Deere backhoe for the amount of $84,853.29. Expenses to date are $381.70 with additional costs of parts and repairs expected this year to be $15,000 for a not to exceed total amount of $100,234.99. ASCO Equipment was selected for one (1) Generac portable generator for the amount of $99,571.1.0. Expenses to date are $1.88.10 with additional costs of parts and repairs expected this year to be $30,000 for a not to exceed total amount of $130,234.99. Doggett Freightliner was selected for one (1) Freightliner tandem axle dump truck for the amount of $116,344. Approved expenses to date equal $100,099 with additional costs of parts and repairs expected this year to be $1.0,000 for a not to exceed total amount of $226,443. Altec Industries was selected for one (1) Altec aerial bucket truck not to exceed amount of $105,277 The remaining expenses for up- fitting costs are provided by various local vendors and internal staff with a total not to exceed $15,300 Goal To authorize the Acting City Manager to execute the contract with Silsbee Ford, RDO Equipment, Asco Equipment, Doggett Freightliner, and Altec Industries for the purchase of replacement vehicles and equipment. Summary of Recommended Action Approval of this resolution will allow the purchase of seven (7) light -duty vehicles through Silsbee Ford, one (1) backhoe through RDO Equipment, one (1) generator through Asco Equipment, one (1) dump truck through Doggett Freightliner, and one (1) aerial bucket truck through A1tec Industries. These purchases of these units will all be completed through the vendors listed whom are authorized and registered with Texas Cooperative Purchasing agreements that the City is affiliated. Authority for such cooperatives is granted under Texas Government Code §§ 791.001 et seq as amended. 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 governments access to contracts with vendors for the purchase of materials, supplies, services or equipment. Fiscal Impact The purchase of these units will be funded through the current budget approved for fiscal year 2018 -19 for this purpose, except an additional $1.3,764 that will come from Contingency for a total not to exceed $665,194.99 Recommendation Approval of Resolution 19 -R -15 Attachment(s) Resolution 19 -R -15 RESOLUTION NO. 19 -R -15 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF SEVEN (7) VEHICLES, ONE (1) BACKHOE, ONE (1) PORTABLE GENERATOR, ONE (1) TANDEM AXLE DUMP TRUCK, AND ONE (1) AERIAL BUCKET TRUCK WHEREAS, the Schertz Fleet & Facility Services Department has a need to purchase seven (7) light -duty vehicles, one (1) backhoe, one (1) portable generator, one (1)tandem axle dump truck, and one (1) aerial bucket truck; and WHEREAS, the Fleet & Facility Services Department has done due diligence in researching what units best fit the needs of the department, to obtain the best pricing and to provide the best quality of vehicles and equipment that ensures safety and longevity in its use; and WHEREAS, the Fleet & Facility Services Department has chosen Silsbee Ford for the purchase of seven (7) new light -duty vehicles, RDO Equipment for the purchase of one (1) John Deere backhoe, ASCO Equipment for the purchase of one (1) Generac portable generator, Doggett Freightliner for the purchase of one (1) tandem axle dump truck, and one (1) Altec aerial bucket truck, all of which are vendors participating in Texas Cooperative Purchasing Agreement Programs; and WHEREAS, purchases under the cooperative programs meet the requirements under Subchapter C, Chapter 791.025 of the Texas Government Code, which states that a local government that purchases goods and services under this section satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and services; and WHEREAS, the City of Schertz will fund the purchase of vehicles and equipment through the city's general fund. WHEREAS, the City Council has determined that it is in the best interest of the City to authorize the Acting City Manager to contract with Silsbee Ford, RDO Equipment, ASCO Equipment, Doggett Freightliner, and Altec Industries. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section l .w The City Council hereby authorizes the Acting City Manager to issue a Purchase Order to Silsbee Ford in a not to exceed amount of ONE HUNDERED AND EIGHTY EIGHT THOUSAND, EIGHT HUNDRED FORTY NINE DOLLARS and SIXTY CENTS ($188,849.60), to issue a Purchase Order to RDO Equipment in a not to exceed amount of EIGHTY FOUR THOUSAND, EIGHT HUNDRED AND FIFTY THREE DOLLARS and TWENTY NINE CENTS ($84,853.29), to issue a Purchase Order to ASCO Equipment in a not to exceed amount of NINETY NINE THOUSAND, FIVE HUNDRED AND SEVENTY ONE DOLLARS and TEN CENTS ($99,571.10), to issue a Purchase Order to Doggett Freightliner in a not to exceed amount of ONE HUNDRED SIXTEEN THOUSAND, THREE HUNDRED FORTY FOUR DOLLARS ($116,344), to issue a Purchase Order to Altec 50234811.1 Industries in a not to exceed amount of ONE HUNDRED FIVE THOUSAND, TWO HUNDREDD SEVENTY SEVEN DOLLARS ($105,277) . Section 2.w 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.w 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.w 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.w 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.w 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.w This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 5th day of February 2019. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 Informational only 13A Ca II M4141"041 ELVA 19101 [e] 7.10110 11 City Council Meeting: February 5, 2019 Department: City Manager Subject: Update on major projects in progresslCIP, City View, Utility Meter Swap Out, and Agenda Quick Software Background This is the monthly update on large capital projects that are in progress or in the planning process. This update is being provided so Council will be up to date on the progress of these large projects. If Council desires this information to be presented in a different way or desires more information on any project or on projects not on this list, please reach out to staff and that information will be provided if possible. Parks and Recreation: Community Playscape Restroom: The Playscape restroom building was delivered on December 12, 2018 and utility connections were completed that week. Site grading is completed after several weather delays in January. A decision was made to go with a concrete sidewalk versus a granite trail because the cost wasn't significantly more. The concrete pour is scheduled for the week of February 11. A soft opening of the restroom is anticipated as soon as the certificate of occupancy is obtained with an official ribbon cutting scheduled for late February. Drainage Projects: 1. East Dietz Creek Desilting: C -3 Environmental continues to cut final grades throughout the length of the channel. Weather delays in January limited further export of material. The rock gabion mattress adjacent to the Dietz Road Bridge is complete. The project is expected to be completed in the Spring of 2019 pending further weather delays. 2. Drainage Maintenance Projects: The revised Drainage Maintenance Projects were re- advertised on January 9th and bids are due on January 30th. City Staff will evaluate the received bids and plan to bring a recommendation on the contract award to Council in late February. Facilities Projects: L Fire Station 3: The building pad is complete and building corners are established. Under slab mechanical, electric and plumbing should begin this week. The design team has submitted a plan to detain storm water runoff on site, this design is under review. Current substantial completion date is September 2019, barring any delays. 2. Animal Adoption Center: The epoxy flooring project has started. The first half of the building concrete prep is under way. This will be followed by patching and the priming coat. The next step will be 2 coats of epoxy and the traffic surface application. Once done the contractor moves to the second half of the building. This approach allows the use of one half of the kennels. The facility will be closed during this time with adoptions occurring by appointment. Current completion time is the end of February. Water Proiects: 1. E. Live Oak Ground Storage Tank Painting: Due to weather delays, the start of the project was pushed back to the first week of February. M &M Tank Coatings is mobilizing to the site and City Staff is currently working to prepare the tank to be taken offline. The project is anticipated to be completed in May 2019. 2. Water Meter Change Out: As of February 1, 2019, the City has changed out and is reading 1,627 of the projected 14,208 meters on the new system. Replacement of meters is starting in areas with the most manual reads by staff. Staff is currently estimating a June 2019 completion date for all meter change outs. Engineering Projects: 1. 2018 Street Preservation and Maintenance /Rehabilitation Project: The traffic signal pull box at Woodland Oaks and Schertz Parkway has been relocated. This will help facilitate the planned reconstruction and center median modifications planned for Schertz Parkway from Maske Rd to Woodland Oaks. LAN has incorporated all the Staff comments on the preliminary plans into the final plans for the project and will be performing their final QA /QC check on the plans in the near future. The Schertz Parkway reconstruction segment design in underway and Staff expects to have a preliminary schematic from LAN to review at the end of next week. Staff will work diligently to review the preliminary schematic and get comments to LAN so the plans can be finalized for this portion of the project. Staff is still working on incorporating the EJCDC documents into the project. A modified draft of the Standard General Conditions (the major portion of the EJCDC documents) has been created and is being reviewed. It is anticipated the project will go out to bid in the next couple of months. 2. Corbett Elevated Water Storage Tank: City Council approved the contract with Landmark Structures on January 22nd. A Notice to Proceed is expected to be issued the first week of February. The project is expected to be completed July of 2020. City Staff continues working with the final two property owners along Schaefer Road to obtain waterline easements in order to relocate the existing waterline in Schaefer Road. 3. Woman Hollering Creek Wastewater Interceptor Main and Lift Station: CobbFendley continues to work on making the final plan revisions and the bid documents. City Staff and CobbFendley continue to negotiate with property owners to acquire necessary easements for the project. Revised offer letters have been sent out to property owners. CobbFendley is working to complete the City's platting and site plan process for the lift station site. It is anticipated that bidding for the project will take place in early 2019. 4. Pedestrian Routes and Bike Lanes Project: Ford Engineering is in the final stages of the design. City Council approved the additional services for Ford Engineering to add a dedicated left turn lane on E. Live Oak Road. Design of this turn lane is expected to take about one month. City Staff continues to work with LCRA to finalize the purchase of property for the hike and bike trail. TxDOT currently has the project scheduled to let in April of 2019. 5. FM 1103 Bridge Project: No significant change from January report: Construction continues on the bridge structure. As new bridge structural elements are added, lane closures will continue as necessary. TxDOT and its contractors keep City Staff informed of detours and closures so that the City can assist in disseminating the information to the public in a timely fashion. The currently anticipated completion date is June 2019. 6. FM 1103 Improvement Project: No change from January report: Utility relocations are underway (including electric, communications, gas, water, and wastewater). Schertz Public Works is working to acquire easements necessary to relocate some water and wastewater lines that conflict with the planned roadway and drainage improvements. The $2 million contribution to the project committed by the City of Schertz has been paid in full to TxDOT. The target let date for a construction contract is October 2019. 7. FM 1518 Improvement Project: No change from January report: TxDOT has begun the process of acquiring property needed for the expansion project. Parcels are being appraised at this time to determine initial offers. Approximately 140 parcels are affected by right of way needs, including 850 square feet of land owned by the City of Schertz (across the front of the existing Sedona Lift Station). TxDOT is also continuing to work on a value - engineering phase of the project. Construction is currently expected to begin in 2022. Planning and Community Development Projects: 1. CityView Permitting and Development Software: We are currently in the data collection phase which is the first step of the software implementation. During this phase we are identifying all of the business processes surrounding the City's planning, permitting and code enforcement functions as well as making modifications to improve these processes and create greater efficiency and ease in automating the processes. This involves in depth evaluations of procedures and processes with subject matter experts from all of the departments who issue permits or participate in community development including Engineering, Public Works, Fire, Code Enforcement, and Planning and Community Development. There have been some delay with data collection so on December 17th a city staff member from the Planning Division was assigned to work on CityView full time until the data collection is complete to keep the implementation schedule on track. A CityView Implementation specialists will meet with City Staff on site February 4th thru February 8th to finalize the data collection process. Once the data collection is complete, the CityView Team will configure the software and return it to the City for User Acceptance Testing. The configured software is tested, we will move to staff user training and then go live with the software. 2. Agenda Quick software: The Service Agreement between the City of Schertz and Agenda Quick was executed on December 26, 2018. The software has been installed on the City server and Admin user training was held on Wednesday, January 30, 2019. On -site training will be scheduled for all software user once the final configuration and admin user training is complete. As projects are completed, they will be removed from the document moving forward. Again, please advise if we can provide more, different or better information in this report. Informational only 13B 0111 M4 a 0L,Us I auy 10lU [o7 71►`1110uy City Council Meeting: February 5, 2019 Department: IT Subject: Update on New Phone System The FY 2018/19 budget included funding for replacing the aging phone system at the City of Schertz. At that time, the estimate for replacing the system was placed at approx. $360,000, with an anticipated date for contract approval of January 2019. In FY 2017/18 the IT Dept. was charged with defining the requirements and identifying possible procurement methods for this project. To that end, the IT project team brought together a team of subject matter experts from different City departments to represent the various stakeholders that will be affected by this new system. Staff worked to identify possible vendors that are registered with various buy - boards. The City prefers to use these resources to streamline procurement and take advantage of state -wide contracts. 4 companies were identified as potential vendors for the new system. These vendors represented the major manufacturers of VOIP (Voice Over IP) phone systems — Cisco, Mitel, Shoretel, Avaya and Teo. The selection process included in -depth demonstrations and Q &A sessions with the vendors, on -site visits, and reviews of areas the existing system failed to meet stakeholders' needs. The team members were tasked with taking this information back to their respective departments with the assignment of reviewing the options and returning to the group with instructions, questions and concerns for each system reviewed. The team then provided feedback regarding which vendors were perceived to best meet their needs. The City received formal proposals from each vendor and these proposals were reviewed by the project team. Two vendors were eliminated due to high cost, and the remaining two were invited to review their proposals with the project team, answer questions and refine their proposals. During that interval the team members were tasked with refining their hardware and software needs so that accurate counts would be available to the vendors. The review included various hardware options including types and models of handsets, softphones, hands -free and Bluetooth hardware, server requirements, etc. As of this writing, the project team is in negotiations to finalize the final project costs. These include accurate hardware counts, features to be installed at go -live, training and deployment. We anticipate this process to be complete and ready for presentation to Council on February 26th 2019. Informational Item 13C CITY COUNCIL MEMORANDUM City Council Meeting: February 5, 2019 Department: City Manager Subject: Real Estate Option Contract for Cibolo Valley Local Government Corporation (CVLGC) — contract is for an option to purchase real property situated in Wilson County, Texas for groundwater well sites and related facilities and/or for easements, including pipeline easements (M. Browne) BACKGROUND Cibolo Valley Local Government Corporation (CVLGC) is in the process of obtaining property for groundwater well sites and related facilities and/or for easements, including pipeline easements and desires to have a template for a contract that would allow the Executive Director to enter into an option agreement with buyers for the purchase of such property. This template is not the actual purchase of the property. The term of the option contract would continue until CVLGC receives its regulatory approvals (permits) plus one year. The amount to be paid by CVLGC to the seller would be negotiated and paid upon the execution of the contract. CVLGC could extend the option period by one or more years by paying the seller $500 before the expiration date of the original term. Funds for this option contract would be taken out of CVLGC budget which is funded by both Schertz and Cibolo. COMMUNITY BENEFIT The benefit to the City of Schertz would be the right to purchase property necessary for easements and other real property associated with the construction of a water line by CVLGC for the use by the citizens of Schertz in the future. SUMMARY OF RECOMMENDED ACTION This is for information only. ATTACHMENTS Option Contract for CVLGC AND [INSERT LANDOWNER NAME] This Real Estate Option Contract (the "Contract ") is made and entered into this the day of , 20 , by and between [insert SELLER name], whose property address is , Wilson County, Texas, hereinafter referred to as SELLER, and Cibolo Valley Local Government Corporation, a Texas local government corporation operating pursuant to Texas Transportation Code Chapter 431, hereinafter referred to as BUYER. WHEREAS, the SELLER and BUYER executed Agreement on or about [insert date] ( "Groundwater L with the right to acquire certain property rights; and , WHEREAS, the BUYER will be seeking_ activities (including, without limitation, permit groundwater for use outside the District) on the WHEREAS, the Parties agree that the provisi have been met and SELLER is willing to con` at its option certain real property interests as i and related facilities and/or for easements, ipcl WHEREAS, the Groundwater Lease pi therein shall be determinable in that said Groundwater Lease retrains in effect. Groundwater Lease irovides the BUYER wells and for transport of of Section 7 of the Groundwater Lease and BUYER and is willing to purchase ,ribed below far groundwater well sites ipipeline easements; and tat the real property interests acquired shall remain in effect for as long as the FOR AND IN CONSIDERATION of the mutual promises, obligations, and benefits to be derivecLYty the parties under this Agreement; the Parties agree as follows: 1. Grant of Option: The SELLER grants to BUYER the exclusive right and option (the "Option ") to purchase the following described real property situated in Wilson County, Texas. The Fee Simple Parcel and Easement shall collectively be referred to herein as the "Conveyances." The Option to buy either the Fee Simple Parcel or the Easement, or both, may be exercised independently or collectively at the sole option of the BUYER. Property Description: (initial the type of conveyance sought) FEE SIMPLE PARCEL A two and one -half (2.5) acre parcel of land on the Property ( "Property" as used herein shall have the same meaning as defined in the Groundwater Lease) whose legal description shall be later defined and whose centroid shall be a groundwater well as determined by the BUYER. Option Agreement between Cibolo Valley Local Government Corporation and [Insert Landowner] Page 1 of 7 I MM 91051 OWN An exclusive easement on the Property (as defined in the Groundwater Lease) whose legal description shall be later defined which shall consist of a permanent easement at least twenty -five (25) feet in width and an additional temporary workspace easement which shall not exceed twenty (20) feet in width. The length of the easement shall be determined at a later date by BUYER. 2. Conveyance: a. If the Option for the Fee Simple Parcel is exercised, SELLER shall convey by fee simple determinable title the Fee Simple Parcel by warranty deed (the "Deed ") subject to the exceptions and reservations set forth herein; together with any exceptions that may hereafter occur not as a result of acts or volition of the SELLER, provided that SELLER shall reduce the Price, as hereinafter set forth, for the Fee Simple Parcel affected by any such future exception to the extent of the net amount of money that SELLER may have received on account thereof prior to conveying the Fee Simple Parcel to the BUYER. The form of Deed to be used by the SELLER is attached as Exhibit No. 1 and the appropriate date, land description, and exceptions and reservations shall be inserted into the Deed. b. Notwithstanding the foregoing, the Fee Simple Parcel shall contain the following reservations, which shall be expressed in the Deed: BUYER shall have the right of ingress and egress easements for highway and travel purposes and for installation and maintenance of water, power, telephone, and other utilities over, along, and across all now existing and future roads and waterways on or through the land, public or private, for the benefit of the SELLER's land not theretofore conveyed to the BUYER, provided, however, the BUYER may relocate any such easement if the relocation meets the following conditions: it provides for substantially similar access; the relocation, including that of the utilities, is at the BUYER's sole expense; and it occurs with the SELLER's written consent, which SELLER shall not unreasonably withhold. c. If the Option for the Easement is exercised, SELLER shall convey by Easement Conveyance an exclusive easement subject to the exceptions and reservations set forth herein; together with any exceptions that may hereafter occur not as a result of acts or volition of the SELLER. The form of the Easement used by the Seller is attached as Exhibit No. 2 and the appropriate date, land description, and exceptions and reservations shall be inserted into the Deed. Notwithstanding the foregoing, the Easement shall contain the following reservations, which shall be expressed in the Easement: Option Agreement between Cibolo Valley Local Government Corporation and [Insert Landowner] Page 2 of 7 BUYER shall have the exclusive right to survey, install, construct, operate, maintain, inspect, repair, replace, modify, upgrade, relocate, add, and remove monitoring wells and water line facilities and other related facilities and equipment which may consist of multiple lines, pipes or conduits, and all incidental surface and subsurface apparatus, equipment, appurtenances and facilities, including, but not limited to valves, fittings, connections, hydrants, taps, meters, air vents, manholes, corrosion control equipment and related items necessary for access to or protection of the installed improvements, monitoring wells, or other similar or appurtenant facilities and making connections therewith. The easement area granted shall not exceed twenty -five (25) feet in width. In addition to the twenty -five (25) foot permanent easement area described '�btye, SELLER also grants BUYER a temporary workspace easement which shall not exceed twenty (20) feet in width. Said twenty (20), foot wide temporary workspace easement shall run along and parallel td the twenty -five 5) foot permanent easement. The twenty (20) foot temporary workspace easement shall be in effect only so long as the construction and laying of the pipelies or drilling of monitoring wells is taking place. Once the construction of the pipelines or monitoring wells is completed, the twenty (2) foot temporary workspace easement shall revert to the sole ownership and control of the SELLER. In no event shall SELLER use the easement area, in any manner which interferes in any material way or is meIonsistent with the rights of BUYER. 3. Survey: The BUYER shall have the right at any time to survey, map, engineer, make and take soundings on the Conveyances subject to this Option, provided such acts do not unreasonably interfere with SELLER`s exclusive possession and use. 4. Original Term of Option: The original term of the Option shall continue until the BUYER receives its Regulatory Approvals (as defined in the Groundwater Lease) plus one (1) year. 5. �, Consideration for the Grant of Option: The consideration to be paid by BUYER for the granting of this Option, by SELLER, shall be the sum of and NO /100 DOLLARS ($ ) payable in cash or by certified funds, upon the execution of this Option Contract. 6. Sales Price of the Fee Simple Property or the Conveyances: The Sales Price of the Fee Simple Parcel or the Conveyances shall be determined in the following manner: a. BUYER shall commission an appraisal from an independent appraisal of the Conveyances. The appraised value from said appraisal shall be the offer price from BUYER to SELLER for the Conveyances. b. If SELLER does not wish to accept the offer described in subsection 6.a. above, then within seven (7) calendar days, SELLER shall, in writing, inform BUYER of its rejection of said offer. Failure to reject BUYER's offer described in subsection 6.a. above, shall be considered SELLER's acceptance of BUYER's offer price. Option Agreement between Cibolo Valley Local Government Corporation and [Insert Landowner] Page 3 of 7 C. If SELLER rejects the offer price as described in subsection 6.a. above, SELLER, at SELLER's expense, shall retain an independent appraiser to appraise the Conveyances. Failure of SELLER to have a completed appraisal as described herein within thirty (30) days of its rejection of the offer price as described in subsection 6.a. above shall be considered as SELLER's acceptance of BUYER's offer price described in subsection 6.a. above. d. If SELLER receives a timely appraisal as described in subsection 6.c. above and the difference of the appraised values between SELLER's commissioned appraisal and BUYER's commissioned appraisal is equal to or less than twenty percent (20%) of the value ofthe higher appraisal, then the compensation amount for the Conveyances shill be the average of the two. e. If SELLER receives a timely appraisal as described in subsection 6.c. above and the difference of the appraised values is greate'r,"than twenty percent (20%) of the value of the higher appraisal, the appraisers,selected , by SELLER and BUYER shall mutually select a third appraiser, ("Third Appraiser") to value the Conveyances 0 ' Vithin' ten (10) business' days. In the event that the Third, Appraiser is necessary in accordance with this subsection, BUYER agrees- t9 ' reimburse SELLER for appraisal costs of SELLER's selected appraiser np,to an amount equal to the amount that BUYER pays for its of sal appr `al, the Conveyances. The expense of the third appraisal shall be home equally ,by. BUYER and SELLER. The compensation amount shall beth,& average ofalffhree appraisals. f. All appraisers shall be licensed and in good standing with the Texas Appraiser': Licensing and CertiEclation Board, or successor agency. Additionally,' each ,appraiser shall. ' be experienced with performing appraisals in Wilson County,,,, Texas or an adjoining county. 9- The compensation determined in this section shall be known herein as the Sales Price. 7. Sales Price of the Easement: If an easement is sought without any other real property interest, the Sales Price of the Easement shall be determined by commissioning an appraisal from an independent appraisal of the Easement. The appraised value from said appraisal shall be the sales price from BUYER to SELLER for the Easement. 8. Extension of Option: The BUYER may obtain one or more extensions of this exclusive Option for a period of one (1) year, each, by the payment of the sum of five hundred and NO/100ths Dollars ($500), such payment shall be paid before the expiration date of the original Term of the Option herein granted or prior to the expiration of any extension of the original Term granted by SELLER. Option Agreement between Cibolo Valley Local Government Corporation and [Insert Landowner] Page 4 of 7 9. Exercise of Option: The BUYER may exercise this Option by giving written notice to the SELLER, on or before the expiration date of the original Term of the Option or any extension thereof. Upon the exercise of this Option by the BUYER, this Contract shall be delivered to a Title Company agreed upon by the parties, and a closing shall take place within Ninety (90) days, after such date. The SELLER shall convey to the BUYER, by general warranty deed and /or easement as the case may be, the Property, and the title to the Property shall be conveyed free and clear of all liens and encumbrances, subject to the normal title exceptions for a transaction of this nature 10. Credit against Sales Price: The amounts paid herein for the Option, and any extension of the Term thereof, will be credited against the Sales Price at the Closing. 11. Insurance Coverage: During the period between the exercise of the Option by the BUYER and the Closing, if there are any improvements located on the property, the premises shall be adequately insured against fire and other perils by the SELLER. 12. Closing Costs: The reasonable and customary closing costs for transactions in Wilson County, Texas, including the premium for the Owner's Title Policy, the escrow fee, the cost of preparation of the general warranty deed, the cost of tax certificates, and any recording fees shall be borne by the BUYER. SELLER shall be responsible for the payment of any costs associated with title curative work required by the Title Company. 13. Notices: For the purpose of giving any notice hereunder, the address of the SELLER is: [Insert] The address of the BUYER is: 14. Notice of Sale or Subdivision: At least one hundred twenty (120) days prior to the sale of the Property or any portion thereof or the subdivision of the property or any portion thereof, SELLER covenants and agrees that SELLER shall notify BUYER of its intent to the sell or subdivide all or a portion of the Property. If a portion of the Property is intended to be sold or subdivided, SELLER shall inform BUYER, with specificity, the portion of the Property to be sold. Option Agreement between Cibolo Valley Local Government Corporation and [Insert Landowner] Page 5 of 7 15. Binding Effect: The covenants herein made shall be binding upon the SELLER and BUYER and their respective heirs, devisees, personal representatives, successors, and assigns, and shall survive the exercise of all or any part of this Option. 16. Assignment: BUYER may assign its interests under this Contract. BUYER will provide written notice to SELLER of any such assignment. If BUYER assigns this Contract, and the assignee assumes all rights and obligations of BUYER under this Contract, BUYER will have no further obligation under this Contract. 17. Extent of Agreement: This Contract will not be construed to create any rights in any third parties. The Parties are independent contractors with respect to their activities under this Contract. This Contract will not be construed as creating a partnership or a joint venture between the Parties. 18. Governing Law and Venue: This Contract shall be deemed to be performed in Wilson County, Texas. All amounts due under this Contract, including but not limited to payments due under this Agreement or damages for the breach of this Contract, shall be paid and be due in Wilson County, Texas. This Contract will be governed by and construed in accordance with the laws of the State of Texas. Exclusive venue for any legal dispute arising under this Contract will be in Wilson County, Texas. The term "will" is intended to be mandatory when used in this Contract. 19. Captions and Headings: The captions and headings in this Contract are for reference purposes only and do not affect the meaning or interpretation of this Contract. 20. Memorandum of Option: The Memorandum of Option attached to this Agreement as Exhibit No. 3, and executed by the Parties at the same time as this Contract, will be recorded in the official public records at the BUYER's expense. This Contract will not be recorded. 21. Running with the Land: The Parties hereto intend for this Contract to run with the land and bind all future owners of the Property. [Remainder of Page Intentionally Blank.] Option Agreement between Cibolo Valley Local Government Corporation and [Insert Landowner] Page 6 of 7 22. Attorney's Fees: If any action at law or in equity is brought to enforce or interpret a provision of this Contract, the prevailing Party will be entitled to recover from the other Party reasonable attorney's fees and litigation costs. -�11 M 0 9 X 1"I By: Name: Title: BUYER Cibolo Valley Local Government Corporation, Texas 0 Amber Briggs Beard Executive Director Option Agreement between Cibolo Valley Local Government Corporation and [Insert Landowner] Page 7 of 7 Workshop A CITY COUNCIL MEMORANDUM City Council Meeting: February 5, 2019 Department: Planning and Community Development Subject: Workshop — Discussion /possible action . regarding the zoning case in the City of San Antonio at Boenig and Graytown (B. James /E. Delgado) BACKGROUND A rezoning case is currently under consideration with the City of San Antonio for approximately 66 acres located at the northwest corner of Graytown and Boenig Roads adjacent to the City of Schertz. A large group of residents spoke at the Schertz City Council meeting on January 22 expressing concerns about the zoning case, generally regarding increased traffic, incompatibility with existing nearby land uses, proximity to the Randolph Air Installation Compatible Use Zone (AICUZ), and negative impact on nearby property values. Council asked staff to place this item on an agenda prior to the City of San Antonio Zoning Commission considering the case on February 19. The owner is proposing to rezone the approximately 66 acres, all of which is outside of the AICUZ, from "NP -10 AHOD" to "R -4 AHOD ". "NP -10" requires a minimum lot size of 10,000 square feet, allows no more than 4 units per aces, and requires a minimum lot width. "R -4" requires a minimum lot size of 4,000 square feet, no more than 11 units per acre and lot widths be between 35 and 150 feet. The property is currently and would continue to be within the Airport Hazard Overlay District (AHOD) which requires additional review of construction plans due to possible height restrictions given the property's close proximity to an airport. Based on information submitted to the City of San Antonio it is anticipated that if the zoning request is approved, will result in the development of 357 lots. If the zoning were to remain, the number of lots would likely be between 200 and 265. It should be noted that this property owner also owns the adjacent 33 acres in the City of San Antonio that is also zoned "NP -10 AHOD" and is within the AICUZ. That property is not proposed to be rezoned and the owner is in discussions with JBSA officials to grant a conservation easement to limit development given that single family uses are incompatible with the AICUZ. When evaluating zoning cases, staff from the City of Schertz considers the goals and objectives of the Comprehensive Plan, impact on infrastructure, impact on public facilities /services, and compatibility with existing and potential adjacent land uses. The 2015 JBSA Randolph JLUS recommends significantly reduced residential densities in the A:PZ II and area between the APZs. This would necessitate substantially reduced development and less infrastructure. Increasing traffic from nearby areas is likely to create additional traffic and congestion. Given that the lots in Schertz are a half acre or larger, the current requirement of City Council Memorandum Page 2 10,000 minimum lot size on the property to be rezoned provides transition that would not exist if rezoned to 4,000 square foot lots. Finally, in light of potential changes to development recommendations from any future Joint Land Use Studies, it seems shortsighted to increased proposed densities nearby given potential changes to flight operations and noise contours. ATTACHMENTS Draft Resolution Background Materials RESOLUTION NO. 19 -R -18 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS OPPOSING CITY OF SAN ANTONIO ZONING CASE Z -2018- 900065 AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of San Antonio is considering Zoning Case Z- 2018 - 900065 to rezone approximately 66 acres generally at the northwest corner of Graytown and Boenig Roads; and WHEREAS, the property is directly adjacent to the City of Schertz; and WHERAS, the roads adjacent to this property will serve to provide some of the access to the property; and WHEREA, those roads are located within the City of Schertz, and WHEREAS, the property is within the Airport Hazard Overlay District and is adjacent to the Air Installation Compatible Use Zone for JBSA Randolph as identified in the 2015 . JBSA Randolph Joint Land Use Study (JLUS); and WHEREAS, the 2015 JBSA Randolph JLUS recommended significantly lower densities within the AICUZ and expanded the Clear Zones; and WHEREAS, it is not unreasonable to expect changes in a future anticipated Joint Land Use Study, particularly in light of new aircraft that will be operating from JBSA Randolph that will undoubtedly create differ noise contours and flight patterns; and WHERE, ensuring appropriate and compatible land uses is a fundamental principle of sound planning practices; and WHEREAS, the adjacent development in Schertz is on lots greater than one half acre, WHEREAS, the proposed zoning case would significantly reduce the minimum lot size from 10,000 square feet to 4,000 square feet, WHEREAS, changes in the 2018 JBSA Randolph. JLUS will create a significantly different pattern of development over nearby property and reduce the level of infrastructure likely to be constructed, and WHEREAS, the City Council has concerns that the proposed zoning case Z -2018 -90065 will have negative impacts due to incompatibility of land uses, negatively impact future plans and operations at JBSA Randolph, overwhelm the road infrastructure in the area, the City Council of the City of Schertz has determined it is in the best interest of the City to oppose the proposed zoning case. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby opposes zoning case Z -2 -18- 900656. 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, deteri this Resolution is adopted was open to the public matter of the public business to be considered at given, all as required by Chapter 551, Texas Gove Section 7. and it is so resolved. ATTEST: City Secretary, Brenda D (CITY SEAL) Glared that the meeting at which cc of the time, place, and subject ;, including this Resolution, was as amended. and after its final passage, ebruary, 2019. OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter M DEPARTMENT HEAD: Michael Shannon SUBJECT: Zoning Case Z-2018-900065 SUMMARY: Current Zoning; "NP-10 AHOD" Neighborhood Preservation Airport Hazard Overlay District Requested Zoning: "R-4 AHOD" Residential Single Family Airport Hazard Overlay District BACKGROUND INFORMATION: Zoning Commission Hearing Date: January 15, 2019 Case Manager: Patricia Franco, Planner Property Owner: Velma Development, LLC (c/o Gordon V. Hartman, President) Applicant: Velma Development, LLC (c/o Gordon V. Hartman, President) Representative: Brown & Ortiz, P./C. (CIO Daniel Ortiz) Location: Generally located northwest of North Graytown Road and Boeing Drive Legal Description: 66.47 acres out of NCB 16555 Total Acreage: 66.47 acres Notices Mailed Owners of Property within 200 feet: 19 Registered Neighborhood Associations within 200 feet: None Applicable Agencies: Randolph Air Force Base City of San Antonio Page I of 4 Printed on 1/1212019 powered by LegistarT11 Property Details Property History: The property was annexed by the City of San Antonio in 1974 with Ordinance 43744 and in 1981 with Ordinance 70527 and was originally zoned as Temporary "R-l" One Family Residence District. The property was rezoned from Temporary "R-l" to "NP-10" with the adoption of the 2001 Unified Development Code (UDC), established by Ordinance 93881, on May 3, 2001. Topography: The property does not include any abnormal physical features such as slope or inclusion in a floodplain. Adjacent Base Zoning and Land Uses Direction: North Current Base Zoning: City of Converse Current Land Uses: vacant land Direction: East Current Base Zoning: City of Schertz Current Land Uses: Single Family Residential Direction: South Current Base Zoning: "NP-10" Current Land Uses: Single Family Residential Direction: West Current Base Zoning: "NP-10" Current Land Uses: Single Family Residential Overlay and Special District Information: All surrounding properties carry the "AHOD" Airport Hazard Overlay District, due to their proximity to an airport or approach path. The "AHOD" does not restrict permitted uses, but can require additional review of construction plans by both the Development Services Department and the Federal Aviation Administration. Transportation Local: N Graytown Road Existing Character: Local Street Proposed Changes: None Known Local: Boeing Drive Existing Character: Local Street Proposed Changes: None Known Public Transit: There are no VIA bus routes within walking distance of the property. Traffic Impact: A Traffic Impact Analysis (TIA) report may be required. Parldng Information: The minimum parking required is 1 parking spaces per residential unit, with no maximum. RIM City of San Antonio Page 2 of 4 Printed on 1/12/2019 powered by Legistarl" Denial of the requested zoning change would result in the subject property retaining the present zoning district designation of "NP-10" which permits existing platted subdivisions which are substantially developed with single-family detached dwelling units (10,000 sq. ft. minimum lot size). FISCAL IMPACT: None. PROXIMITY TO REGIONAL CENTER/PREMIUM TRANSIT CORRIDOR: The property is not located within a half a mile of a Regional Center or Premium Transit Corridor. RECOMMENDATION: Staff Analysis and Recommendation: Staff recommends Approval. Criteria for Review: According to Section 35-421, zoning amendments shall be based on the approval criteria below. The property is located within the 1-10 East Corridor Neighborhood Community Perimeter Plan. The current land use is "Low Density Residential" and is consistent with the requested "R-4" base zoning. 2. Adverse Impacts on Neighboring Lands: Staff has found no evidence of likely adverse impacts on neighboring lands in relation to this zoning change request. 3. Suitability as Presently Zoned: The property is currently zoned "NP -10" which is a suitable zoning for the property and surrounding area. 4. Health, Safety and Welfare: Staff has found no indication of likely adverse effects on the public health, safety, or welfare. S. Public Policy: The request does not appear to conflict with any public policy objective. Low Density Residential should be located away from major arterials, and can include certain non- residential uses such as schools, places of worship, and parks that are centrally located for convenient neighborhood access. IH-10 East Corridor Overlay - promote attractive and cohesive developments along the IH 10 East Corridor in a manner that protects the City's cultural, natural, and economic fabric. 6. Size of Tract: The property is 66.47 acres, which could accommodate the proposed residential development. 7. Other Factors: The subject property is located within the Randolph AFB Awareness Zone/Military Influence Area. In accordance with the signed Memorandum of Understanding, JBSA was notified of the proposed request. City of San Antonio Page 3 of 4 Printed on 1/12/2019 powered by LegistarT11 City uf San Antonio Page 4vf4 Printed on1/1z/2o a powered by Legistar Tll Transportation & Capital Iniprovements Department (TC1) Traffic Plan Review Section RE Traffic Impact Analysis QUEST FOR REVIEW Project Name: Boenig Farms Subdivision SUBJECT: The attached item has been submitted for your review, recommendation, and or comment to the Planning Commission or Director. If necessary, please circulate within your department. Copy this review sheet as needed. Mark your comments here and be prepared to review at the next scheduled meeting. Your written comments are strongly encouraged for documentation in the file. 1= The following on-site improvements, as well as, improvements along the projects limits are necessary and shall be provided by the developer, on and before the completion of the Development project, at no cost to the City of San Antonio. WZMU• �;�� Design and construct an eastbound left-turn lane on Graytown Road at Driveway No. 1. Minimum 100' of storage and 110' of deceleration for a total length of 210' of which 50' is taper. Based on 35 mph posted speed limit. Design and construct a traffic signal at Graytown Road and Loop 1604 solely at the Developers expense. To be reviewed and permitted by TxDOT. It should be understood that this is a general review of a conceptual plan not in-depth review of internal and external traffic flow, streets and/or drainage plans. All technical requirements of the Unified Development Code (35-506) will be complied with at the time of platting. FIRM TBPE No. F -11727 5828 Subastion Place, Stile 108 San Antonio, Taw 70250 Z i Is Do- 4f zi 42 Ct J As cr ,will 00 iaofs v L 7� AH Ul T V� (Im IF A5 KNo. 0 1 P" A R, aka 40 "a Office: (2I0)266-2447 Fax: (210) 509-9680 DOENIG FARMS SUBDIVISION m m (T NORTH EXHIBIT A Zoning Case # Plan Amendment Case # 40 Lot; Block: NCB: 16555 Current Zoning: "NP-10 AHOD" Requested Zoning: "R-4 AHOD" P j ield Notes Attached (required when property is not part of a Council District:2 ly recorded plat or if a portion of a lot or parcel) For all properties within 5 mile of Camp Bullis: 01-lave you coordinated with the U.S. Fish and Wildlife Sen'ice? PLAN AMENDMENT "If the zoning request is inconsistent with the land use element of the plan, a Plan Amendment, considered by the Planning Commission, shall be required before the zoning case may be heard by City Council. If the Zoning Request requires a Plan Amendment, fill in the information below (attach additional pages, if necessary). nYES, Plan Amendment Required nNO, Plan Amendment not required Name of Plan; 1-10 EAST CORRIDOR PLAN Total Acreage(s) 66,47 Legal Description SEE ATTACHED FIELD NOTES Lot: Block: F-71Field Notes attached (required when property is not part of a NCB: 16555 Ly-J legally recorded plat or if a portion of a lot or parcel) Current Land Use Designation; LOW DENSITY RESIDENTIAL Requested Future Land Use Designation; (please attach map designating tracts to be changed) Requested Change to Plan Text (i.e. adding zoning district(s) to land use category): Item and Page Number(s) of Master Plan Document to be changed: THE PLAN AMENDMENT PROCESS: The plan amendment process takes approximately 2 months. If the plan amendment includes a zoning change request, this process may add an additional 2 weeks, due to the consideration by Planning Commission for the plan amendment. Dates, times and/or locations of meetings and hearings are subject to change. Also, supplemental meetings and hearings may be scheduled. Proper notice will be given of special, rescheduled and supplemental meetings and hearings. P-,i,-,e 5 of 12 Updated 01/18/2017 Zoning Case # Man Amendment Case # Xate • Occupancy. IM I understand that a Certificate • Occupancy is required before the subject property is occupied. (Exceptions to the requirement of a Certificate of Occupancy are single family dwellings and legal home occupation (per Section 35.401(d)(2)). kIu derstand • that the subject proverty must be I MIX • zoned before •apX permits •are approved • for the 1._ 2rop M' •• � plwe 6 of 12 Updated 01/18/2017 Zoning Case # Plan Amendment Case # Statement of Purpose for Zoning Change Request and/or Plan Amendment The Statement Of Purpose shall include the following minimum information. Statements of Purpose that do not contain the required minimum information may be returned to the applicant, possibly delaying the zoning case. Reason for requesting the change, including a description of all existing and proposed activities or continuing uses. • Explanation of how, the request is consistent and compatible with the City-,; _Mastcr Plan or specific Neiglibolhood L pr,Ehig; or explanation of intent to pursue a plan amendment if L_2 —_ — L _q_j — -_ the request is inconsistent with the applicable plan. (NO Is this rezoning application the result of a code enforcement violation? If yes, indicate Code Case Number here [!�_) Will this proposed project result in the demolition of buildings? (All demolition applications will be reviewed by the Office of Historic Preservation. Please be sure to coordinate appropriately.) The proposed change in zoning • the Subject Property from "NP-10 AHOD" to "R-4 AHOD" is to allow for a single-family residential development, located generally Northwest • N. Graytown Roai and Boenig Drive, The Subject Property is located within the 1-10 East Corridor Plan and currently designated as "Low Density Residential". Therefore, a plan amendment is not required as the current land use designation is consistent and compatible with the proposed change in zoning. This request will not substantially, nor permanently, injure the rights of the owners of all real property affected by the proposed change in zoning. Therefore, this request will not adversely affect the health, safety, or welfare of the general public. Pa,_,e 7 of 12 Updated 0 1/18/2017 Plan Amendment Case # *This application MUST include the signatures of ALL property owners listed • all current Warranty Deeds applicable to the subject property. Attach additional pages as needed.* AUTHORIZATION BY PROPERTY OWNER(S) (Required if Applicant and/or Authorized Representative is not the sole owner Of the Subject property.) VELMA DEVELOPMENT, LLC (c/o Gordon V. Hartman, President) 1, ,swear and affirm that I am the (property owner's printed name; include signatory name and title if signing for an organization) owner of the property at SEE ATTACHED , as shown in the records of (property address or legal description) Bexar County, Texas, which is the subject of this application. I authorize VELMA DEVELOPMENT, LLC (applicant's printed name) I authorize DROW ORTIZ, P.C. !zed r sen iv' tinted name) to submit this application. to serve as my representative for this request. WILIM I have read, ex - amined, and completed this application; and know the information I have provided to be true and correct. All provisions of laws and ordinances governing this application will be complied with, whether specified herein or not. The granting of a zoning or plan amendment change does not presume to give authority to violate or cancel the provisions of any other state or local lam, regulating the use of the subject property. I understand that City staff will visit and photograph the subject property; that a Rezoning Case Sign will be placed on the property; and that this application, including all submitted documents and staff photos relating to this zoning and/or plan amendment case are public information and can be made available through an Open Records Request per the Texas Public Information Act (Texap0ovvernmeat CoderMapter 552). 11ME N i I Sworn to and subscribed before me by \J on this day of in the year JLY,—, given Linder my hand and seat of office.