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01-07-2014 Agenda with BackupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL January 7, 2014, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a team Call to Order — Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Pastor Cory Webb — Everyday Christian Fellowship Church) City Events and Announcements • Announcements of upcoming City Events (D. Harris /J. Bierschwale /B. James) • Announcements and recognitions by City Manager (J. Kessel) Presentntinns • Presentation and update on the City of Schertz Street Bond Projects (B. James/K. Woodlee /L. Busch) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 01 -07 -2014 Council Agenda Consent Agenda Items The Consent Agenda is considered to be 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 by the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Special Meeting of December 13, 2013, and the Regular Meeting of December 17, 2013. (J. Kessel /B. Dennis) 2. Ordinance No. 13 -H -51 - Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas amending the Code of Ordinances, City of Schertz Texas, Chapter 54 Nuisances; providing a penalty clause; providing a severability clause; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. Final Reading (J. BierschwaleB. Todd) 3. Ordinance No. 13 -M -52 — Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas amending the Code of Ordinances, City of Schertz, Texas, Chapter 50, Miscellaneous Offenses and provisions by (1) repealing Article II, Insanitary, Unsightly, Etc., Conditions on private premises, (2) repealing Sections 50 -107, 50 -108, 50 -109, and 50 -110 of Article III, Abandoned, Junked Property and Property found in violation of Ordinance, Division 2, Motor Vehicles, and (3) amending Sections 50 -105 and 50 -111 of Article III, Abandoned, Junked Property and Property found in violation of Ordinance, Division 2, Motor Vehicles; providing a severability clause; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. Final Reading (J. BierschwaleB. Todd/K. Tapley) 4. Ordinance No. 13 -D -53 — Consideration and /or action approving an Ordinance amending the Code of Ordinances, City of Schertz, Texas, by adding Section 86 -18, No Obstructions in Street, to Chapter 86, Traffic and Motor Vehicles, Article I, in General; providing a penalty clause; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. Final Reading (J. Bierschwale/M. Hansen/K. Tapley) 5. Resolution No. 14 -R -04 — Consideration and /or action approving a Resolution authorizing one (1) Sanitary Sewer Easement Agreement and one (1) Temporary Construction Easement Agreement with Marcantonio Enterprises, LLC for the Use Benefit, and Control of the City of Schertz for the Town Creek Sewer line Extension Phase III Project on FM 482, and other matters in connection therewith. (J. Bierschwale /S. Willoughby) 6. Resolution No. 14 -R -05 — Consideration and/or action approving a Resolution authorizing one (1) Sanitary Sewer Easement and one (1) Temporary Construction Easement Agreement with Ector N. Crisler and Allene Crisler Revocable Living Trust for the Use, Benefit, and Control of the City of Schertz for the Town Creek 01 -07 -2014 City Council Agenda Page - 2 - Sewerline Extension Phase III Project on FM 482, and other matters in connection therewith. (J. Bierschwale /S. Willoughby) 7. Resolution No. 14 -R -06 — Consideration and/or action approving a Resolution authorizing the acceptance of a Permanent Stormwater Drainage Easement and a Temporary Construction Easement in the Hubertus Retail Subdivision and authorizing a Stormwater Drainage Easement and Temporary Construction Easement Agreement with Riata Land, Ltd., and other matters in connection therewith. (B. James/K. Woodlee /L. Busch) 8. Resolution No. 14 -R -03 — Consideration and /or action approving a Resolution authorizing the Dedication of one (1) Ten -Foot Utility Easement on the Northcliffe Park Property to Guadalupe Valley Electric Cooperative for placement, maintenance and repairs of the Utility Line, and other matters in connection therewith. Q. Bierschwale /S. Willoughby) Discussion and Action Items 9. Resolution No. 14 -R -07 — Consideration and /or action approving a Resolution appointing Charles E. Zech, an attorney with the law firm of Denton, Navarro, Rocha & Bernal, P.C., as the City Attorney of the City for Schertz; and other matters in connection therewith. (J. KesselB. Dennis) Oath of Office - Oath of Office administered to newly appointed City Attorney Charles E. Zech— (B. Dennis) 10. Ordinance No. 14 -F -01 — Consideration and/or action approving an Ordinance amending Ordinance No. 04 -F -09, City Public Service (CPS Energy); providing for adoption; thereto; providing that this Ordinance is cumulative of all other Ordinances of the City not in conflict with the provisions of this Ordinance; and providing for an effective date. First Reading (D. Harris /D. Harris) 11. Ordinance No. 14 -T -02 — Consideration and/or action approving an Ordinance providing for the creation of the City Public Service (CPS Energy) Community Infrastructure and Economic Development Fund; providing that this Ordinance is cumulative of all other Ordinances of the City not in conflict with the provisions of this Ordinance; and providing for an effective date. First Reading (D. Harris/D. Harris) 12. Ordinance No. 14 -M -03 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz approving a Boundary Adjustment Agreement with the City of Cibolo, Texas, and adjusting the boundaries of the City of Schertz, Texas in accordance with such Agreement; repealing all Ordinances or parts of Ordinances in conflict with the Ordinance; and providing an effective date. First Reading (B. James/B. James) Roll Call Vote Confirmation 01 -07 -2014 City Council Agenda Page - 3 - Requests and Announcements 13. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 14. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 15. Requests by Mayor and Councilmembers to City Manager and Staff for information. 16. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Executive Session Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; and Consultations with the City Attorney regarding advice on legal matters; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.087 Texas Government Code — Deliberation regarding Economic Development Negotiations. Reconvene into Regular Session 17. Take any action deemed necessary as a result of the Executive Session. Adiournment CERTIFICATION 01 -07 -2014 City Council Agenda Page - 4 - 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 3RD DAY OF JANUARY 2014 AT 11:15 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. grev02 Deww%s Brenda Dennis CPM, TRMC, MMC, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2014. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 619 -1030 at least 24 hours in advance of meeting. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor Pro -Tem Fowler — Place 1 Audit Committee Interview Committee for Boards and Commissions Hal Baldwin Scholarship Committee Schertz Housing Board Liaison Interview Committee for Boards and Commissions Randolph Joint Land Use Study (JLUS) Executive Investment Advisory Committee Committee TIRZ II Board Councilmember Scagliola — Place 2 Councilmember John - Place 3 Animal Control Advisory Committee Cibolo Valley Local Government Corporation Schertz Seguin Local Government Corporation Interview Committee for Boards and Commissions Sweetheart Advisory Committee Councilmember Edwards — Place 4 Councilmember — Duke — Place 5 Audit Committee Audit Committee ASA Commuter Rail District Board — Lone Star Investment Advisory Committee Hal Baldwin Scholarship Committee 01 -07 -2014 City Council Agenda Page - 5 - CITY COUNCIL MEMORANDUM City Council Meeting: January 7, 2014 Department: Subject: BACKGROUND City Secretary Minutes Agenda No. 1 The City Council held a special meeting on December 13, 2013 and a regular meeting on December 17, 2013 FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the special meeting on December 13, 2013 and the regular meeting on December 17, 2013 ATTACHMENT Minutes — special meeting December 13, 2013 and regular meeting December 17, 2013 MINUTES REGULAR MEETING December 17, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 17, 2013, 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 David Scagliola Councilmember Cedric Edwards Staff Present: Executive Director David Harris Executive Director Brian James Mayor Pro -Tem Jim Fowler Councilmember Daryl John Councilmember Matthew Duke City Manager John Kessel Executive Director John Bierschwale Chief of Staff Bob Cantu City Attorney Samantha Dyal City Secretary Brenda Dennis Deputy City Secretary Donna Schmoekel Call to Order Mayor Carpenter called the Regular Meeting to order at 6:04 p.m. Invocation and Pledges of Allegiance to The Flags of The United States and The State of Texas �•° Deacon Jesse Mata, Our Lady of Perpetual Help Catholic Chur provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements *%WY Announcements of upcoming City Events (D. Harris /J. BierschwaleB. James) _4 Mayor Carpenter recognized Executive Director of Support David Harris who provided the following announcements and upcoming events: Wednesday, December 18, 2013 — Gail Douglas Retirement Celebration — 11:30 a.m. — Civic Center Ballroom Thursday, December 19, 2013 — Employee Holiday Lunch — 11:00 a.m. to 1:00 p.m. — Civic Center Ballroom Friday, December 20, 2013 — Ribbon Cutting for Liberty Tax — 9:00 a.m. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who recognized the EMS Department once again for their valuable service. Mr. Kessel stated that our MPV 801 Ambus was sent to SH 130 past Seguin responding to an over turned bus that slid off the highway. Our Ambus was able to transport simultaneously 11 individuals, 6 walking, and 5 on back boards to the hospital. Mr. Kessel recognized Jose Hernandez, Dudley Wait and Tony Bradford for their outstanding services. 12 -17 -2013 Minutes Page - 1 - Hearing of Residents: This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 'Ahm" %, No one signed up to speak. Consent Agenda Items 1. Minutes - Consideration and/or action regarding the approvWthe minutes of the Special Meeting of December 6, 2013, and the Regular Meeting of DqKember 10, 2013. (J. Kessel /B. Dennis) ;W AW 2. Ordinance No. 13 -D -59 — Consideration and /or action approving an Ordinance providing that the City Code of Ordinances of the City of Schertz, Texas be amended by revising Section 86- 118, Maximum Limits in School Zones for a certain street, removing the School Zone for a Certain Street, and Reducing the area for the School Zone on a certain street and providing an effective date. Final Reading (J. Bierschwale /J. Hooks/D. Letbetter) e following was read into record: rd ORDINANCE NO. 13 -D -59 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CITY CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86 -118, MAXIMUM LIMITS IN SCHOOL ZONES FOR A CERTAIN STREET, REMOVING THE SCHOOL ZONE FOR A CERTAIN STREET, AND REDUCING THE AREA FOR THE SCHOOL ZONE ON A CERTAIN STREET AND PROVIDING AN EFFECTIVE DATE 3. City of Schertz 2014 Master Calendar — Consideration and/or action regarding the approval of the City of Schertz 2014 Master Calendar (D. Harris /D. Harris) 12 -17 -2013 Minutes Page - 2 - 4. Cancellation of the December 24, 2013 and December 31, 2013 City Council Meetings — Consideration and /or action cancelling the December 24, 2013 and December 31, 2013 City Council Meetings due to the upcoming holidays. (J. Kessel /Council) Mayor Carpenter recognized Mayor Pro -Tem Fowler, who moved, seconded by Councilmember Edwards, to approve consent agenda items 1, 2, 3, and 4. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carried. Discussion and Action Items n 5. Ordinance No. 13 -H -51 - Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas amending the Code of Ordinances, City of Schertz Texas, Chapter 54 Nuisances; providing a penalty clause; providing a severability clause; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. First Reading (J. Bierschwale /B. Todd) The following was read into record: *'v ,&-, ORDINANCE NO. 13 -11-51 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, CHAPTER 54, NUISANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized City Marshal Beverly Todd who introduced this item and answered questions from Council. She stated that at several recent City Council meetings, the City Council has discussed the City's nuisance ordinance that prohibits basketball goals from being placed in the City's streets. The City Council directed staff (1) to remove the prohibition from the nuisance ordinance, and (2) to add a discretionary offense to the traffic safety rules that would allow the police department the ability to issue citations if the specific situation warrants that measure to be taken. The proposed revisions to the nuisance ordinance in Ordinance No. 13 -H -51 is to remove the reference to basketball goals; the proposed new Ordinance No. 13 -D -53 (Agenda Item 7) adds a traffic safety violation addressing "unsafe obstructions" in the street. This new violation provides the police department with a discretionary way to enforce removal of basketball goals from City streets when the placement of the basketball goals creates an "unsafe obstruction." The issue regarding the placement of basketball goals in streets arose while the Marshal's Office was in the process of a review and update of the City's overall nuisance ordinance. In addition to the removal of the provisions regarding basketball goals, the following changes are being proposed to the nuisance ordinance: • Several language changes have been made to bring the ordinance in line with the current language in the applicable state statutes; 12 -17 -2013 Minutes Page - 3 - • Duplicative provisions have been removed; • A provision has been added providing guidelines for composting activities; • The recreational vehicle section has been updated; and • Several clean -up items have been addressed. Staff recommends approval of first reading. Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by Mayor Pro -Tern Fowler, to approve Ordinance No. 13 -H -51 on first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carried. 6. Ordinance No. 13 -M -52 — Consideration and /or action' approving an Ordinance by the City Council of the City of Schertz, Texas amending the Code of Ordinances, City of Schertz, Texas, Chapter 50, Miscellaneous Offenses and provisions by (1) repealing Article II, Insanitary, Unsightly, Etc., Conditions on private premises, (2) repealing Sections 50 -107, 50- 108, 50 -109, and 50 -110 of Article III, Abandoned, Junked Property and Property found in violation of Ordinance, Division 2, Motor Vehicles, and (3) amending Sections 50 -105 and 50- 111 of Article III, Abandoned, Junked Property and Property found in violation of Ordinance, Division 2, Motor Vehicles; providing a severability clause; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. First Reading (J. Bierschwale /B. Todd /K. Tapley) The following was read into record: ORDINANCE NO. 13 -M -52 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, CHAPTER 50, MISCELLANEOUS OFFENSES AND PROVISIONS BY (1) REPEALING ARTICLE II, INSANITARY, UNSIGHTLY, ETC., CONDITIONS ON PRIVATE PREMISES, (2) REPEALING SECTIONS 50 -107, 50 -108, 50 -109, AND 50- 110 OF ARTICLE III, ABANDONED, JUNKED PROPERTY AND PROPERTY FOUND IN VIOLATION OF ORDINANCE, DIVISION 2, MOTOR VEHICLES, AND (3) AMENDING SECTIONS 50 -105 AND 50 -111 OF ARTICLE III, ABANDONED, JUNKED PROPERTY AND PROPERTY FOUND IN VIOLATION OF ORDINANCE, DIVISION 2, MOTOR VEHICLES; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized City Marshal Beverly Todd who introduced this item and answered questions from Council. She stated that as a part of this nuisance ordinance review process, it came to the attention of the Marshal's office that there are several provisions located in the City's Code of Ordinances, Chapter 50, Miscellaneous Offenses and Provisions, that are duplicative of sections located in the nuisance ordinance. In order to avoid confusion and to facilitate the orderly administration of code enforcement and police activities, the City staff 12 -17 -2013 Minutes Page - 4 - recommends that the duplicative provisions be deleted. Staff recommends approval of first reading. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Councilmember Scagliola, to approve Ordinance No. 13 -M -52 on first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carried. 7. Ordinance No. 13 -D -53 — Consideration and /or action approving an Ordinance amending the Code of Ordinances, City of Schertz, Texas, by adding section 86 -18, No Obstructions in street, to Chapter 86, Traffic and Motor Vehicles, Article I, in General; providing a penalty clause; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. First Reading (J. Bierschwale /M. Hansen/K. Tapley) The following was read into record: ORDINANCE NO. 13 -D -53 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BY ADDING SECTION 86 -18, NO OBSTRUCTIONS IN STREET, TO CHAPTER 86, TRAFFIC AND MOTOR VEHICLES, ARTICLE I, IN GENERAL; PROVIDING A PENALTY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized City Marshal Beverly Todd and Police Chief Michael Hansen who introduced this item stating that as stated above on item 5, at several recent City Council meetings, the City Council has discussed the City's nuisance ordinance that prohibits basketball goals from being placed in the City's streets. The City Council directed staff (1) to remove the prohibition from the nuisance ordinance, and (2) to add a discretionary offense to the traffic safety rules that would allow the police department the ability to issue citations if the specific situation warrants that measure to be taken. This item places the restrictions in the City Code of Ordinances Chapter 86, Traffic and Motor Vehicles. Staff recommends approval of first reading. Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by Mayor Pro -Tem Fowler, to approve Ordinance No. 13 -D -53 on first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carried. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 7. Mayor Carpenter moved to the Executive Section of the Agenda. 12 -17 -2013 Minutes Page - 5 - Executive Session Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; and Consultations with the City Attorney regarding advice on legal matters; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Mayor Carpenter recessed the regular meeting into executive session at 6:25 p.m. Reconvene into Regular Session 4 "'Y Mayor Carpenter reconvened the meeting at 9:30 p.m. 12. Take any action deemed No action taken. Requests and Announcements Session. Announcements by City Manager Citizen Kudos Recognition of City employee actions New Departmental initiatives No further announcements provided. 9. Nagen y Mayor and Councilmembers that items be placed on a future City Council No re quests given. AV 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests for information. 11. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees 12 -17 -2013 Minutes Page - 6 - • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro -Tem Fowler who stated he attended the following: • Friday, December 13, 2013 — Special Council meeting regarding vision statements. Mayor Pro -Tem Fowler stated that as a result of the meeting the reality is that we need to start looking at our employees, growth of the City, income coming into the City, and the pressure seen in various departments due to recent and upcoming growth. He stated that they need to look at compensation packages for the employees; look at hiring specialty people for various offices and hiring more staff as the City grows and look at decisions regarding the City's tax rate in the future. N Mayor Carpenter recognized Councilmember S._ , iola who stated he attended the following: 71W • Friday, December 13, 2013 — Speci council meeX regarding vision statements • Saturday, December 14, 2013 — visited with the Future Farmers Association (FFA) Mayor Carpenter recognized Councilmember Edwards who stated he received an email from Mr. Jay Hix Jones, reality television producer originally from Baytown, Texas. He stated that his team has recently launched a student media ministry (Hungry Fish) and have an upcoming event in Schertz, Texas in February 2014. The event is a weekend film boot camp where they teach high school students how to use digital filmmaking to share their faith. Councilmember Edwards stated that he would forward the email to the other Council members and management. Mayor Carpenter wished his Colleagues, Residents, and City Staff a Merry Christmas. Mayor Carpenter thanked staff for all the work done this past year. He encouraged everyone to reflect on who we are as a City, and think about what we need to do next year. As there was no business, the meeting was adjourned at 9:38 p.m. Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis 12-17-2013 Minutes Page - 7 - MINUTES REGULAR MEETING December 13, 2013 A Special Council Training Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 13, 2013, at 1:30 p.m., in the Conference Hall of the Schertz Civic Center, 1400 Schertz Parkway Building #5, Schertz, Texas 78154. The following members present to -wit: Mayor Pro -Tem Jim Fowler Councilmember Matthew Duke Mayor Michael Carpenter and Councilm Staff Present: City Manager John C. Kessel Chief of Staff Bob Cantu Executive Director of Support David Harr Executive Director of Development Brian City Secretary Brenda Dennis Councilm ember Edwards arrived at 2:15 CALL TO ORDER: Mayor Pro -Tem Fowler called the Special Discussion and appropriate action of Schertz. (Mayor & City Manag Councilmember David Scagliola Councilmember Cedric Edwards )r the City City Manager John Kessel reviewed with Council the City's Core Values reattirmmg them: Do the right thing • Do the best you can • Treat others the way you would want to be treated Work together cooperatively as a team Councilmember Matthew Duke arrived at 2:34 p.m. Mr. Kessel stated the Core Values are meant to be self - evident and to guide our daily operational decisions in conjunction with our established policies and procedures. Mr. Kessel reviewed and reaffirmed the six (6) Guiding Principals. (Benchmarking Standards) Mr. Kessel stated that in November 2012, the City established six benchmarks of individual and organizational leadership: • Work ethic • Work ownership 12- 13- 2013Minutes • Clear understanding • Real communication • Process Improvement • Future Vision Mr. Kessel stated even though we see these behaviors from staff at all levels, we have incorporated these six principles into our department head level evaluation criteria. These principles are what is expected of our leadership team. The Q � Council reaffirmed the leadership principles on February 15, 2013. • Vision Discussion Mr. Kessel read the following: "A vision is the ability to think about or plan the future with imagination or wisdom." "A vision statement may apply to an entire company or to a single division of that company. Whether for all or part of an organization, the vision statement answers the question, `Where do we want to go ? "' — Quoted by Susan Ward, Small Business Canada Councilmembers discussed the following providing their comments: • Who are our main customers today? • Who will be our main customers tomorrow? • If we are successful in building a great city of 75,000, how will our main customers have changed from today? • If you could look twenty years into the future and saw that we were wildly successful in creating the city of our dreams, what three words would you use to describe our city's "personality" in order to achieve such success? • What one word is the most important in order for us to achieve this wildly successful city of 75,000? • Group discussion After vision: Alignment and Execution Discussion on the impacts from creating a new vision on the workforce: 1. Change is harder than you think: it takes time to develop /train the team. New ideas must be learned, new practices must be developed. We must take the time needed to grow our staff. 2. What does "keeping up with demand" in a growing city really mean? Status quo is falling behind. 3. Expecting "better" performance... how? The "Triple Constraint" model from project management provides that cost, quality, and speed form a triple constraint when picking any two causes the third to suffer. The competing constraints of effective, efficient & customer service often function in a similar manner in that two may be achieved but often at the expense of the third. 12- 13- 2013Minutes Council discussed in detail the fundamental proposition of if (when) our workforce can't afford to work here, then the City has not prioritized our greatest asset appropriately. One example that was discussed was a staff member making $25,000 a year that had a baby and had to add family medical to their health care for $10,000 a year could no longer afford to work at the City, even if they were one of our best employees. Many of our essential services public works positions fall into this salary range, for example. Council discussed the current City vision: Community, Service, and Opportunity. Council discussed what each meant and how we measure them in practice. As a result, Council developed the following policy values to help make policy decisions consistent with our vision. The ten "Policy Values" are: • Economic prosperity • Fiscally sustainable • Essential services • High quality of life • Safe community • Attractive community • Friendly city • Family friendly for all ages • Service oriented • Innovation and proactive These ten "Policy Values" would 1 • Breakout Session ablished. Councilmembers viewed all departments' vision statements and provided comments. • Group discussion continued. Council discussed the City's i ortant customers: residents, businesses, visitors, employees, and other surrounding cities. Council discussed challenges the City is facing, i.e., continued Economic Development needs, South Schertz area development, IH 35 development, our communications and transparency to our citizens. Chief of Staff Bob Cantu and Executive Director of Support David Harris left at S: 37 p.m. • New Budget Structure discussion In March 2013, the City established a new paradigm for looking at our municipal budget structure: 12- 13- 2013Minutes 1. Core Business: the minimum municipal services without which we are not a "city" (public health, safety and necessary conveniences plus internal support for those services). 2. Economic Drivers (Development): growth in the commercial tax base is the most sustainable fiscal model for growing cities (as is a balanced, diversified commercial tax base for built cities). 3. Quality of Life: these areas create identity, provide meaningful services, and generate greater value to residents and businesses. In September 2013, City Council adopted a new five -year financial forecast as part of our new budget structure. The first five -year budget prioritized unfunded past requests and critical core business projects. The number of these urgent requests far outweighed the ability to project funding even in a five year window. This year we will add a new "fifth year" that should do more than look backwards. Instead, it should also consider some measure of future projects not yet identified. Because funding is so scarce, these future projects must be directionally correct in advancing our vision. Adjournment As there was no further discussion, Mayor Pro= ATTEST: Brenda Dennis TRMC, MMC, CPM, City Seen 4 7 12- 13- 2013Minutes meeting at 6:32 p.m. Fowler Agenda Nos. 2, 3, and 4 CITY COUNCIL MEMORANDUM City Council Meeting: January 7, 2014 Department: Marshal's Office and Police Department Subject: Ordinance No. 13 -H -51 - amending the Code of Ordinances, Chapter 54, Nuisances Ordinance No. 13 -M -52 - amending the Code of Ordinances, Chapter 50, Miscellaneous Offenses and Provisions by (1) repealing Article II, Insanitary, Unsightly, Etc., Conditions on Private Property, (2) repealing Sections 50 -107, 50 -108, 50 -109, and 50 -110 of Article III, Abandoned, Junked Property and Property Found in Violation of Ordinance, Division 2, Motor Vehicles, and (3) amending Sections 50 -105 and 50 -111 of Article III, Abandoned, Junked Property and Property Found in Violation of Ordinance, Division 2, Motor Vehicles Ordinance No. 13 -D -53 - amending the Code of Ordinances by adding Section 86 -18, No Obstructions in Street, to Chapter 86, Traffic and Motor Vehicles, Article I, In General BACKGROUND Goal At several recent City Council meetings, the City Council has discussed the City's nuisance ordinance that prohibits basketball goals from being placed in the City's 50686613.2 streets. The City Council directed staff (1) to remove the prohibition from the nuisance ordinance, and (2) to add a discretionary offense to the traffic safety rules that would allow the police department the ability to issue citations if the specific situation warrants that measure to be taken. The proposed revisions to the nuisance ordinance in Ordinance No. 13 -H -51 remove the reference to basketball goals, and the proposed new Ordinance No. 13 -D -53 adds a traffic safety violation for placing "unsafe obstructions" in the street. This new violation provides the police department with a discretionary way to enforce removal of basketball goals from City streets when the placement of the basketball goals creates an "unsafe obstruction ". The issue regarding the placement of basketball goals in streets arose while the Marshal's office was in the process of a review and update of the City's overall nuisance ordinance. In addition to the removal of the provisions regarding basketball goals, the following changes are being proposed to the nuisance ordinance: • Several language changes have been made to bring the ordinance in line with the current language in the applicable state statutes; • Duplicative provisions have been removed; • A provision has been added providing guidelines for composting activities; • The recreational vehicle section has been updated; and • Several clean -up items have been addressed. Further, as a part of this nuisance ordinance review process, it came to the attention of the Marshal's office that there are several provisions located in the City's Code of Ordinances, Chapter 50, Miscellaneous Offenses and Provisions, that are duplicative of sections located in the nuisance ordinance. In order to avoid confusion and to facilitate the orderly administration of code enforcement and police activities, the City staff recommends that the duplicative provisions be deleted. These ordinances were approved on first reading at the December 17, 2013 City Council Meeting. Community Benefit These proposed changes help to facilitate the orderly administration of the City's code enforcement and police activities. 50686613.2 Summary of Recommended Action The City staff recommends that the City Council amend the nuisance ordinance as set forth in Ordinance No. 13 -H -51, delete and amend the duplicative portions of the Miscellaneous Offenses as set forth in Ordinance No. 13 -M -52, and add the new prohibition against placing "unsafe obstructions" in the street to the City's traffic safety rules as set forth in Ordinance No. 13 -D -53. FISCAL IMPACT None RECOMMENDATION Approval of final reading of Ordinance No. 13 -H -51, Ordinance No. 13 -M -52, and Ordinance No. 13 -D -53 ATTACHMENT(S) Ordinance No. 13 -H -51 Ordinance No. 13 -M -52 Ordinance No. 13 -D -53 50686613.2 ORDINANCE NO. 13 -H -51 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, CHAPTER 54, NUISANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. AMENDMENT. Chapter 54, Nuisances, shall be amended as follows: CHAPTER 54, NUISANCES TABLE OF CONTENTS ARTICLE II. DEFINITIONS Section 54 -13. Definitions 50636240.4 1 ARTICLE I. IN GENERAL Section 54 -1. Scope Section 54 -2. Duties and Powers of the Code Official Section 54 -3. Severability Section 54 -4. Requirements not Covered by this Chapter Section 54 -5. Abatement of Violation Section 54 -6. General Notices and Orders Section 54 -7. Reserved Section 54 -8. Removal or Correction by the City_; Interest on Expenses Section 54 -9. Restrictions Imposed on Property until Lien is Cleared Section 54 -10. Statement of Expenses— Lien for Eapenses- and for Interest on Expenses; Suit to Collect_ Exnenses and Interest; Foreclosure of Lien; Proof of Expenses Section 54 -11. Transfer of Ownership Section 54 -12. Violations: Penalties ARTICLE II. DEFINITIONS Section 54 -13. Definitions 50636240.4 1 ARTICLE III. NOISE Section 54 -14. Certain Acts Declared to be Noise Nuisances ARTICLE IV. ABANDONED HOUSEHOLD APPLIANCES Section 54 -15. Abandoned Large Household Appliances Section 54 -16. Responsibility of Owner or Person in Control ARTICLE VI. JUNK VEHICLES Section 54 -34. Deel . -ation of unk V. hiele as D„1.1,.. "Enforcement Section 54 -35. junk Vehiele Nook ^Penalties Section 54 -36. ExemptionsJunk vehicles d Tared public nuisance Section 54 -37 Abatement of junk Vehi lee Deelare w Junk vehicles prohibited on up blic property Publie lnee Section 54 -38. Disposal of junk Junk vehicles prohiited on private ngnerty 50636240.4 2 ARTICLE V. PROPERTY MAINTENANCE REQUIREMENTS Section 54 -17. inter-nation al Building Code AedStandards Section 54 -18. Unsafe Structures and Equipment Section 54 -19. Emergency Measures Section 54 -20. Demolition Section 54 -21. General Responsibilities Section 54 -22. Exterior Property Areas; Nuisance Upon Premises Section 54 -23. Swimming Pools, Spas and Hot tub Reserved Section 54 -24. Parking Prohibited on Front and Side Yards Section 54 -25. Exterior Str-uetur ^Reserved_ Section 54 -26. Reserved Section 54 -27. Reserved Section 54 -28. Rubbish and Garbage Section 54 -29. Texas Litter Abatement Act Adopted Section 54 -30. Extermination Section 54 -31. Ligh*t, Vertilatior. and Oeeupaney LimitationsReserved Section 54 -32. Plumbing 7: .edit,., and Fixture Requirements- Reserved Section 54 -33. Reserved ARTICLE VI. JUNK VEHICLES Section 54 -34. Deel . -ation of unk V. hiele as D„1.1,.. "Enforcement Section 54 -35. junk Vehiele Nook ^Penalties Section 54 -36. ExemptionsJunk vehicles d Tared public nuisance Section 54 -37 Abatement of junk Vehi lee Deelare w Junk vehicles prohibited on up blic property Publie lnee Section 54 -38. Disposal of junk Junk vehicles prohiited on private ngnerty 50636240.4 2 Section 54 -39. Section 54 -40. Section 54 -41, Section 54 -42. Section 54 -43x Sectim -54 -44 Section, 54 -45 Section 54 -1. Scope. R4ghtDefenses to an Appea lnrosecution GonflietConflicts of Iawlaw Notice to abate iunk vehicle Public hearinmunicipal court Removal of junk vehicle Disposal of junk vehicle Notice to state ARTICLE I. IN GENERAL. The provisions of this Chapter shall apply to all residential and nonresidential structures and all premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance, whether now existing or existing in the future; the responsibility of owners, operators and occupants; the occupancy of structures and premises, and for administration, enforcement and penalties within the jurisdiction of the City and property within 5,000 feet outside the limits of the City, whether or not within the extraterritorial jurisdiction of the City. (State law reference — LGC 217.042.1 Section 54 -2. Duties and Powers of the Code Official. a) Generally — The City Health Official, hereinafter referred to in this Chapter as the Code Official, is hereby authorized and directed to enforce the provisions of this Chapter and other related ordinances and regulations of the City. The Code Official shall have the authority to render interpretations of this Chapter and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Chapter and shall not have the effect of waiving requirements specifically provided for in this Chapter. The Code Official is a member of the City Marshal's Department, which shall have overall enforcement authority as to this Chapter. The foregoing is not intended, and shall not be internreted. to limit the authority of the City's police department or of any other annlicable law enforcement department or agency with applicable jurisdiction from enforcing the provisions of this Chanter, which police department and any other apphcahle,—law enfbrcment. department(s-)�--or agency( es) —wit_h applicable judaCiction shall also haye_cnforcement authority- 19 50636240.4 3 J• 50636240.4 3 c+Reports — The Code Official shall give attention to the health and sanitary conditions of the City and report to the City Council anee eaeb iffi&nthper ' Sally, making recommendations as necessary conducive to the cleanliness of the City and the general health of the citizens. c) 4Right of Entry — It shall be unlawful for any person to interfere, hinder, or delay the Code Official or other City deputies, inspectors, or officers in the discharge of any duties under this Chapter or to refuse to comply with the orders of the Code Official. The Code Official shall issue all necessary notices or orders to ensure compliance with this Chapter. d) e*Inspections — The Code Official shall respond to-all complaints and fflake a4related to violations of this Chanter and shall conduct inspections neeessaryrdakd to ensuf eensuring compliance with all state and local requirements governing general property maintenance. #}Department Records — Official records shall be kept of all complaints, reports, citations, notices, and orders issued for violations of this Chaff. Such records shall be retained in the official records of the City pursuant to the City's document retention policy. g} Liability — The Code Official erand an. o employees, �nersonnel, or officers charged with the enforcement of this Chapter while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this Chapter or other pertinent laws or ordinances, shall not thereby be rendered liable personally and are hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or omission in the discharge of official duties. Any suit instituted against Official or any_ other employee personnel, or officer charged with enforcement of this Chaff because of an act performed by such individual in the lawful discharge of duties and -under the provisions of this Chapter shall be defended by legal epresentation provided by the City until the final termination of the proceedings. The Code Official or any mother emi)loe,personnel, or officer charged with enforcement of this Chapier shall not be liable for cost in any sucaction, suit, or proceeding that is insfitu4ed in pufstianee of the pr-evisions of this Ch nl�s-s�t is determined bti a court in a final non- annealable judgment that the individual did not act in good faith without malice or that the individual acted outside the scone of his or her duties Section 54 -3. Severability. If a section, subsection, sentence, clause, or phrase of this Chapter is, for any reason, held to be unconstitutional, illega i ali such decision shall not affect the validity of the remaining portions of this Chapter. Section 54 -4. Requirements not Covered by this Chapter._ 50636240.4 4 Requirements necessary for the strength, stability, or proper operation of an existing fixture, structure, or equipment, or for the public safety, health, and general welfare 3. not specifically covered by this Chapter, shall be determined by the Code Official or by other applicable departments of the City. Section 54 -5- Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the Code Official from instituting appropriate action to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure} or premises, or to stop an illegal act, °°business, or utilization of tl}ea building, structure, or premises. Section 54 -6- General Notices and Orders. a) Notice to Person Responsible - Whenever the Code Official determines that there has been a violation of this Chapter or has grounds to believe that a violation has occurred, notice shall be given i F pr-eser-ibed bole w to the to the owner, tenant, lessee, occupant, mortgagee agent. or lien holder, as a- nlicable, in accordance with the provisions of this Sec. 54_6. b) Form - Notie,-sAnv notice given under this Chaff shall be in aeeordanee with all the f 11.,win T. - 1) Be in writing; 2) Include a description of the a li a 1 real estate to which the violation relates sufficient for identification; 3) Include a statement of the violation or violations and why the notice is being issued; 4) Include a correction order allowing seven (7) calendar days after the date of the notice to make the repairs and improvements required to bring the property or structure into compliance; 5) Inform the property owner of the right to appeal; —nd 6) Include a statement regarding the City's right to file a lien. C) Method of Service - Su-ehA� notice given under this Chapter shall be deemed to be properly served if a copy thereof is-(State-law reference_SiC 342.006 ): 1) Delivered personally; 2) Sent by certified or first -class mail addressed to the last known address of the property owner as recorded in the appraisal district records of the appraisal district in which the nronerN is located;-or- 50636240.4 5 3) By posting the aotieePosted on a placard attached to a stake driven into the ground on the property to which the violation relates.. -, Posted on or near the front door of each buildin on n the pro ltyto which the-vi2lation relates;Qr If personal service cannot be obtained, given by publication at least once. d) Final Notice - In the notice, the City may inform the owner eilhe_ by eeftified - m^i'e re"e4edregular mail and a on sting on the proputy or by personally delivering the notice), that if the owner commits another violation of the same kind or nature on or before the first anniversary of the date of the notice, the City, without further notice, may issue a citation, correct the violation at the owner's expense, and assess the expense against the property. If the violation covered by a notice under this Chapter occurs within the one -year period following issuance of the notice, and the City has not been informed in writing by the owner of an ownership change, then the City without notice may take any action permitted by Sec. 54 -8 and assess its expensegx e as provided in Sec. 54 -9 --and% 54 -4&of and Sec. 54 -12. e) Refused or Unclaimed — If the Code Official mails a notice to a person responsible for a violation and the United States Postal Service returns the notice as "refused" or "unclaimed ", the validity of the notice is not affected, and the notice is considered asto have been delivered. Section 54 -7. Reserved. Section 54 -$. Removal or Correction by the City; Interest an Expenses. In the event the owner, tenant, lessee, agent-, or occupant of any lot, parcel., or premises fails to remove or remedy any condition described in this Chapter within seven (7) calendar days after notice has been given, the City may do whatever is deemed necessary to remove or remedy the condition, or cause the same to be done, and charge the expenseex ep nses incurred thereby to the owner, tenant, agent, lessee., or occupant of the lot, parcel., or premises, and such expenseex ep nses shall be assessed as a lien against the real estate upon which the work is done. A statement of expens-eex eh incurred will be certified by the City Secretary and sent to the violator of this Chapter. That person will be given a period of fifteen (15) ar days for total reimbursement to the City. Upon the expiration of this 15 day pefiedfifteen (15) calendar days, the amount of such unpaid expenses shall bear ten percent (10 %) per annum interest from the date certified by the City Secretary. Section 54 -9. Restrictions Imposed on Proaerty until Lien is Cleared. In the event no collection can be made by the City of expenses incurred in removing or remedying any of the conditions and before and after a lien is filed against such property, the City shall have the right to impose the following restrictions on such property until such lien is cleared: 50636240.4 6 a) No building permit of any type will be issued by the City with respect to the property involved, including building improvement, remodeling or modification permits nd b) A fee of $200.00 will be levied against the violator as an administrative fee to cover the costs of filing a lien against the property. Section 54- 10-Statement of Expenses:; Lien for Expenses and for Interest on Expenses; Suit to Collect Expenses and Interest; Foreclosure of Lim Proof of Exp9no. a) Statement of Expenses _The City Manager or his/her designated representative ^ur* ^' °r'° ^ ^array file, with the County Clerk of the county ors aunties in which the lot of feal estate is leeated, and the City shall ha-,�e a privileged lien en stteh or- real estate eh the wofk is a^ cnnc- naa° t^ �cccr the-- expeaditufes and > suit > stieh lien ""' • be had the irc'kme of the City; and the statement of expenses so made, > nroDy is located, a. statement of expenses_ incurred under Sec. 54 -8 stating the followine (State lam reference — LGC- 11 it 1) The amount of such ex en nses 22_ The date on which such expenses were certified by the Cite Secretary: 3) The name of the property owner, if known; and 44) The legal description of the property. Lien for Expenses and for Interest on Expenses — Upon filing a Statement of Expenses described in Sec. 54- 10(a). the City shall have a lien against the property- to, secure the expenses and interest, which lien is superior to all other limns, excep f r tax liens and liens for street improvements. (State law reference — LC'C 342 QQ cc- Suit to Collect Expenses and Interest; Foreclosure of Lien — (State law reference LGC 342.2021 1 The City may bring suit for foreclosure of the lien to recover the ex en nses and interest: and 22 ) The City may foreclose a lien under this Chapter as provided by Section 33.91 of the Texas Tax Code. 50636240.4 % d) Proof of Expenses — A Statement of Expenses described in Sec. 54-1 certified _ coj2y of ; Statement of • "1 - shall be prima facie proof-of _I_ e_fowf •' 1-1 for such work or • 1 01 Section 54- 11- Transfer of Ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease, or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation used by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee, or lessee; acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. Section 54- 12- Violations. a) Unlawful Acts — It shall be unlawful for a person, to be in conflict with or in violation of any of the provisions of this Chapter. b) Penalties — Any violation by any person, f;� or ,.,,.-po - atiol, of this Chapter is declared to be unlawful and a misdemeanor and any violation thereof shall be punished by a fine of not less than $40.00 or more than $2,000.00. Any person in violation of this Chapter and having paid a fine assessed for such violation shall not be relieved of the expense incurred by the City in removing or remedying the condition prescribed in this Chapter. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Paying-the fine for the_ violation does not relieve the person from remedying the violation. ARTICLE II. DEFINITIONS. Section 54-13. Definitions. The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indie tedindicate-s. a different meaning: Antique Vehicle — is a passenger car or truck that is at least twenty -five (25) years old. Code Official — the City Health Official who is charged with the administration and enforcement of this Chapter, or any duly authorized representative of such person. Corr hosting — means a controlled biological reduction of organic waste to humus. 50636240.4 /. • of • 1. • • • TiwonerLv line or • • 1 J _ "1 __• 1 1 c? bee.- or 1 be !J 1 "1 for . 1 • • i a_ 1 . • vurtowse. V• 1 11" rW owner shall place any -obstructions or i. or 1 WI�'fi i I II 11 ' Ii I t " • I _ • I - - - O ffITALTIVII MT•li Ti llIN 6=6 • 111 • - � • IMMINE f WITIT"11 subst 1 1 .• 1 I 1 _• I 1 gyg,w _ i: 1 1 1- 1 1 1 decompose and become offensive or danizerous Io General nuisance - means any condition or use of a building, structure, lot, parcel, or premises which is in an unsanitary, objectionable, or unsightly condition or injurious to public health, which is detrimental to the property of others, or which causes, or tends to cause diminution in the value of other property in the neighborhood in which such premises is located. �e��rsr assr_ Ilersr _ss!�s :�irls!ea�irr_��e.�:4 Inoperable Motor Vehicle - means (i) any motorized vehicle incapable of immediatelg driven and not properly licensed or inspected for safety in accordance with state law: (ii) a car. truck. bus. or van that cannot be started and moved under its own power: (iii) a vehicle that is not ourrently� llicensedincluding. a_recreational -vehicle or trailerwhi�h is- deli Pblic roads: or (iv) an inoperable tractor or inoperable farms pi m�nt- Junk - means all worn out, worthless or discarded material, including„ but not limited to. an�of the following materials, or harts of said materials or any combination thereof: new or used iron, steel or nonferrous metallic scrap, brass or waste materials: used and /or inoperative household appliances, household electrical or In umbing fixtures, floor coverings and/or window coverings not currently in use: used lumber, brick, cement block, wire, tubing and pine, drums, barrels. and/or roofing material not currently in use: air conditioning and heating equipment not currently in s_ed wehicle corn on ent_and Darts not currentivin use�used _f_urniture other than that des ignated_ for- outdoor used useA_and /or inoperative lawn care -equipment andmachineiy no gurrently in use: pallets, windows or doors not currently in use new_ or-us-e&-sheet metal structural steel and/or chain not currently in use, used and/or inoperable vending machines. radios and/or televisions not currently in use, and any other tape of used and/or ino ern able machinery not currently in use. Discarded bottles or cans. Any other building materials or debris. a) DeesJunk Vehicle - is a vehicle that is self -pro elle and does not have lawfully ffix to it both an unexpired license plate and a valid motor vehicle inspection certificateboth a current registration and inspection sticker shall be affixed to the windshield, if one of those is expired, the vehicle is in violation): and is a) "wrecked, dismantled or partially dismantled, or discarded; or e-)4s- inoperable and has remained inoperable for more than seventy -two (72) consecutive hours if the vehicle is on public property or thirty (30) consecutive days if the vehicle is on private property. (State law reference - Transportation Code 6883.071.) 50636240.4 9 Lot or parcel – is defined and considered as having ordinary meaning but shall include, in addition to the land within a lot or parcel boundary, all land adjacent to and extending beyond the property line to the curb line of adjacent streets and, where no curb exists, to the existing street surface. The word "lot" or "parcel" shall also include all land lying between the property line of any lot or parcel and the center of adjacent easements. Motor vehicle – means a vehicle that is subject to registration under Chapter 501 of the Texas Transportation Code, as amended from time to time. Motor vehicle collector – means a person who: a) Owns one or more Antique Vehicle or Special Interest Vehicle; and b) Acquires, collects, or disposes of an Antique Vehicle or Special Interest Vehicle for personal use to restore and preserve an Antique Vehicle or Special Interest Vehicle for historic interest. Nuisance – means any condition, object. material or matter that is dangerous or detrimental to- human l f�_ or health, that renders �_g ound�, the water th-e air o_r f od a ha_zarc or likely to cause injury to_ hum_�n 1_ife, or health; or that is offensive to the senses;, or that threatens to become detrimental_ to t�$lic health} and shall include, but is not limited to :_ any abandoned wells, abandoned household appliances, stagnant or unwholesome water, rubbish, junk, trash, debris or refuse. impure or unwholesome matter of anv kind. anv obiectionable. unsightly or unsanitary matter of whatever natur Noise nuisance – means any unreasonably loud, disturbing noise which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof and is hereby declared to be a nuisance. Owner – means any person, agent, opefatef, fifm of eofpofati having a legal or equitable interest in the property in question; or recorded in the official records of the state, county or municipality as holding title to such property; or otherwise having control of such property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Person – as used in this Chapter shall be construed to impart the singular and plural as the case demands, and shall include corporations, companies, societies —ate, associations. firms. nartnershins, all other entities, and individuals. Right- of-wav – means a public or private area that allows for the passage of people or og ods. Right-of-way includes passageways such as freeways, streets, bike paths, alleys, and walkways. In addition to the roadway, it normally inwWrates the curbs, lawn strips, sidewalks, lightin and drainage facilities, and may include special features such as landscaped areas. Rubbish – means miscellaneous waste materials resulting from housekeming, mercantile enterprises, trades, manufacturing,, and offices, including other waste matter, such as slag, stone, broken concrete, fly ashes, ashes, tin cans, glass, scraip metal, rubber, i2 eggs. chemicals, or similar or related combinations thereof. 50636240.4 10 Special Interest Vehicle — is a motor vehicle of any age which has not been altered or modified from the original manufacturer's specifications and, because of its historic interest, is being preserved by a hobbyist. Structure — means that which is built or constructed on any property within the City. Tenant — means a person, , whether or not the legal owner of record, occupying a building or portion thereof as a unit. ARTICLE III. NOISE. Section 54-14-Certain Acts Declared to be Noise Nuisances. The following acts, among others, are declared to be nuisances in violation of this Article, but said enumerations shall not be deemed to be exclusive: a) The playing of any radio, tape recorder, cassette player, compact disk player, DVD player, MP3 player, ==y digitalUdevice =or any similar device phenegfaph or any musical instrument in such a manner or with such volume, particularly during the hours between 10:00 pm and 7:00 am, as to disturb the quiet, comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type of residence. b) The use of any stationary loudspeaker or amplifier to such intensity that disturbs persons of ordinary sensibilities in the immediate vicinity thereof; the use of any stationary loudspeaker or amplifier operated on any day between the hours of 10:00 pm and 7:00 am. C) The keeping of any animal or bird which by causing frequent or long- continued noise shall disturb the comfort and repose of any person of ordinary sensibilities in the immediate vicinity. d) The continued or frequent sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle except as a danger or warning signal; the creation by means of any such said device of any unreasonable loud or harsh noise for any unreasonable period of time. e) The running of any automobile, motorcycle, or vehicle so out of repair, so loud or in such manner as to create loud or grating, grinding, jarring, or rattling noise or vibration. f) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or boat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. g) The use of any mechanical device operated by compressed air, unless the noise to be created is effectively muffled and reduced. 50636240.4 11 h) Commercial contractors are prohibited from the erection, kincluding excavation), demolition, alteration or repair work on any building or structure other than between the hours of 7:00 am and 6:00 pm, on weekdays and 9:00 am to 5:00 pm on Saturdays. Commercial contractors are prohibited from involving erection (including, excavation), demolition. alteration or repair work on unoccupied structures on Sundays. An exception can be made in case of urgent necessity in the interest of public safety and convenience, and then only by written permit from the City Manager or his /her designee, which permit may be renewed by the City Manager or his/her designee, during the time the emergency exists. All special requests must be submitted in writing. i) The creation of any excessive noise on any street adjacent to any school or institution of learning while in session or adjacent to any hospital which interferes with the working of such institutions, providing conspicuous signs are displayed in such manner indicating that the same is a school or hospital street. j) The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers. k) The raucous shouting and crying of peddlers, hawkers and vendors, which disturb the peace and quiet of the neighborhood. 1) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noise to any performance, show or sale of merchandise. ARTICLE IV. ABANDONED HOUSEHOLD APPLIANCES. Section 54-15-Abandoned Large Household Appliances. It shall be unlawful for any person to cause or permit to be or remain upon any premises under his control in a public or semi - public area that might be accessible to children, any large appliance (including any freezer, refrigerator, stove, dishwasher, clothes washer, clothes dryer and other similar appliances). Section 54-l6.Responsibility of Owner or Person in Control. a) The owner or person in control of any large home appliance on any such property as described in °°�Se-c, 54 -15 shall not permit same to be discarded, abandoned, or stored as to create a public nuisance of safety hazards. ARTICLE V. PROPERTY MAINTENANCE REQUIREMENTS Section 54 -17 Building Standards 50636240.4 12 for the confinue" Code of Ordinances, and elsewhere in the City's Code of Or Section 54 -18. Unsafe Structures and Equipment. a) Unsafe Structure — An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. b) Unsafe Equipment — Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. C) Structure Unfit for Human Occupancy — A structure is unfit for human occupancy whenever the Code Official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth or other contamination, or lacks ventilation, illumination, sanitary or heating facilitiesvr__lacks current-water or electric utilities, or other essential equipment required by this Article, or because the location of this structure constitutes a hazard to the occupants of the structure or to the public. d) Unlawful Structure — An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this Article, or which was erected, altered or occupied contrary to law. e) Closing of Vacant Structure — If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code Official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the Code Official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons, and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any legal resources. 50636240.4 13 Section 54 -19. Emergency Measures. When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases, or materials, or operation of defective or dangerous equipment, the Code Official is authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice reading as follows: "This structure is unsafe, and its occupancy has been prohibited by the City of Schertz Code Official ". It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. Section 54 -20. Demolition. a) General — The Code Official shall order the owner of any premises upon which is located any structure, which in the Code Official's judgment is so old, dilapidated, or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, such that it is unreasonable to repair the structure, and to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure. b) Failure to Comply — If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. C) Salvage Material — When any structure has been ordered demolished and removed, the City or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price reasonably obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, to the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. • • • . n man 15111 11 J• 50636240.4 14 50636240.4 14 ov Mi held before the Ci'v's Board of Adiustment to determine whether the directiv affected bv a decision of the Code Official or a notice or order SM .M •I 1 Board P IN 2) All hearings before the the appellant's repfesenta4ive, the Code Offieial and any per-son whosl interests are affeeted shall be given an oppofttini:�y to be hear T'te 'q tie v -Droccedinv--under this Section 54-20 before the Ci s Board 6? • �d • • . 1 �, • • -or to the exte-0 I• •t 214.0012 of •- Texas Local • ••m•-P Code aipplies, within 30 d, 3) The Board shall modify or reverse the deeision of the Code Offleial only by a eonetiffing vote of ., majority of the total n,be . of appointed u members. Gity Marshal or his /her designee and the Director of moment r i es_ or his /her designee: shall present. all cases related to this Section 54 -20 on behalf of the City beforeAh.eaoard of Adius� tment 4) Any appeal from „..,,ling by the Board shall be to the Gity Gott ei Manager within 10— days --a to the Board's Whenever it is determined that there are reasonable grounds to believe that there has been - a violation of any provision of this Section 54 -20 or of any rule or regulation ado ursuant thereto- notice of such alleg_e-d—violati4n shall- be, given tQ_the owner,, and as. applicable_ nA as, more fully described= h ow,_jo—each lienholder and mortgagee. Such alleged violations shah constitute a nuisance. 5) The Code Offieial shall take immediate aetion in aeeordanee with the deeision of the -Board, or the City Gotineil, as • notice of 50636240.4 15 54--2-0—must include a statement that the owner. lienholder. or mortizaizee w—M •- "1.- -1 • •11 • "•1J' 111• •_ 1- 11" 1 ♦• �_ •' '1 '1 1 • 1 ♦ 1 1. 1 -6) After the public hearing, if a buildin is found in violation of standards. the City's Board of Adjustment may order that the building be vacated. secured. repaired, removed, or demolished by the owner within a reasonable time as provided below. The City's Board of Adjustment also may order that the occupants be relocated within a reasonable time. If the owner does not take the ordered action within the allotted time. the City shall make a diligent effort to discover each mortgagee and lienholder having an interest in the building or in the property on which the building is located,, The City shall personally deliver, send by certified mail with return receipt requested_ or deliver by the United States Postal Service using sig a OU re confirmation service, to each identified mortgagee and lienholder a notice containing an identification, which is not required to be a legal description. of the building perty on which it is located i ii a description of the violation of municipal standards that is present at the building, and fii a statement that the City will vacate, secure, remove, or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time. 7) As an alterative to the mortgagee and lienholder notice procedure Prescribed by Section4 -20�d -(6), the City-may make. a. diligent. effQAo- discover each mortgagee and lienholder before_ conductin tg he public- hearing and may give them a notice of and an opportunity to comment at the hearing. In addition. the City may file notice of the hearing in the Official Public Records of Real Property in the county in which the property is located. The notice must contain the name and address of the owner of the affected property if that information can be determined, a legal description of the affected property, and a description of the hearing. The filing of the notice is binding on subsequent grantees, penholders, or other transferees of an interest in the property who acquire such interest after the filing of the notice, and constitutes notice of the hearing on any subsequent reciWent of any interest in the property who acquires such interest after the filing of the notice. If the City operates under this section, the order issued by the City may specify a reasonable time in accordance with the provisions set forth below for the building to o be vacated, secured, repaired, removed. or demolished by the owner or for the occupants to be relocated by the owner and an additional reasonable time in accordance with the provisions set forth below for the ordered action to 50636240.4 16 be taken by any of the mortgagees or lienholders in the event the owner fails to comply with the order within the time provided for action by the owner. Under this Section 54- 20(d)(7). the City is not required to furnish any notice to a mortgagee or lienholder other than a copy of the order in the event the owner fails to timely take the ordered action, file a copy of the order in the office of the City Secretary publish in a newspaper of general circulation in the City _a notices containing (a) the street address or legal description of the proms (h) the date of the hearing, Vic) a brief statement indicating the results of the order and Wd instructions stating where a cow lete copy of the order may be obtain 2 After the hearing the City shall ipromptly mail by certified mail with return receipt re Quested, deliver b the United States Postal Service using- signature confirmation service, or personally deliver a copy of the order to the owner of the building and to any lienholder or mortgagee of the building. The City shall use its best efforts to determine the identity address of any owner, lienholder, or mortgagee of the building. In conducting a hearing under this Section 54 -20. the City's Board of Adjustment if it finds that the building fails to comply with the Ci1y:jj minimum standards for the continued use and occupancy of all buildings regardless of the date of their construction) shall reauire the owner . lienholder. or mortgagee of the building to within 30 days: repair, remove, or demolish the building, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 dam LD If the Board of Adjustment •. the owner, lienholdff--QL mort r—aLyee more 1 days to renair. remove. or demolish the buildinul Develoj2ment Services or h' desi2nee and the Marshal or 1- '1-- 1! !/ 1 1" ti-we sc.tedules for—the •1111 "1 "11 "1 •_ !.� • 1" / •1"r11 ! •(abJ.e---(u?,-vter frojp 50636240.4 17 unauthorized entry while the work is being performed, as determined by City's Board of Adjustment, in consultation with the Director of Development Services or his/her designee and the Marshal or his /her 122 The City's Board of Adjustment may not allow the owner, lienholder. or mortgagee more than 90 days to repair. remove. or demolish the building or fully perform all work reauired to comfy with the order unless the owner, lienholder, or mortgagee;_ i) submits a detailed plan and time schedule for the work at the hearing establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and luAy of the work. 13) If the City's Board of Adjustment allows the owner, lienholder, or mortgagee more than 90 days to complete v Dart of the work required to fair, rem9or demolish_ the- building. the Board shall require the Qwner,, lienholder—or mortgagee, to regularly submit progress reports to the Director-af Development- Smice"r his /her designee and the Marshal or his /her designee to demonstrate compliance with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder, or mortgagee appear before Director of Development Services or his /her designee and the Marshal or his /her designee to demonstrate compliance with the time schedules. If the owner lienholder, or mortgagee owns I)ro e�rty, including structures or improvements on I)rol)erty, within the City boundaries that exceeds _IIOO,QO intotalyal o the ity's Board f A tustment maw rectuire the owner,: lienholderox_ mortgagee, to post a, cash or surety bond in an amount adequate—to—cover the cost of re aip •ring removing? or demolishing __a_ building under this subsection. In lieu of a bond. the City's Board of Adjustment mad require the owner, lienholder, or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third I)M approved by the City. The bond must be posted, or the letter of credit or third =party guaranty provided, not later than the 30th day after the date the City's Board of Adjustment issues the order. a 14 In a public hearing before the City's Board of Adjustment to determine whether a building complies with the minimum standards for the continued use and occupancy of all buildings regardless of the date of their construction, the owner, lienholder, or mortgagee has the burden of rn oof to demonstrate the scope of any work that may uired to comI)=Iy with the minimum standards and the time it will take to reasonably perform the work. 50636240.4 18 L5) If the building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time. the City may vacate, secure, remove. or demolish the building or relocate the occupants at its own expense. This subsection does not limit the ability of a City to -collect on a bond or other financial ,guaranty that may be repuired by Section 54 -20 (d)(131. If the City incurs expenses under Section 54- 20(dl(15 ). the Cites assess the expenses on, and the City has a lien against, unless it is expressly nrohibited under applicable state law, the property on which the build was located. The lien is extinguished if the moperty owner or another person having an interest in the legal title to the 1LIe reimburses the City for the expenses. The lien arises and aftaches to the property at the time the notice of the lien is- recorded. and. indexed in the office of the county clerk in the county in which the proverty_ is located___= The notice must contain the name—and—address of the owner if that information can be determined with a reasonable effort, a legal descri to ion of the real Wiper _y on which the building was located, the amount of e�nenses incurred by the CiM and the balance due. If the notice is given and the opportunity to relocate the tenants of the building Qr to reTair rem —e o demolish the building_is_ afforded to_each m�rtgcc and lienhQlder a� set forth in this Section 54 -20, the lien is a nrivileged lien subordinate only to tax liens. The City satisfies the reciuirements of this Section 54 -20 to make a diligent effort to use its best efforts or to make a reasonable effort to determine the identity and address of an owner, a lienholder, or a mortgagee if the City searches the following records: county real property records of the county in which the building i appraisal district records of the appraisal district in which the building is located, ii records of the secretary of state: iv assumed name records of the county in which the building is (v tax records of the City; and utility records of the City. 50636240.4 19 States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, - the notice is considered delivered- and In addition to the p oce ores set forth above, the Qymay-secure in accordance-with the procedures set forth-below _a building that the amity's Code Official determines 11 violates the minimum standards; and (21 is unoccupied or is occu ie�y by nersons who do not have a ri hg t of possession to the buildin (State law reference — LGC 214.0011.1: Before the 11th dayxf�r the date the building is_secured�theCity_ shall give notice to the owner bv: 1- •1.. -r �- •. �-. . MROM -• • (b) deposifingAhe notice in the United States mail addressed to W publishing the notice at least twice within a 10- day period in a newsDaner of general_. circoulationinthe count�inwhich= the building s_ located. if persojia-l_ services nuot-be--ohtained and the_ owner's 1 offce_address is unknown; or ! •• • • • • 1•• • =m3p,711 ROM. address •. MM 1 fol I FMIM 11 I I In • 1 1 an identification, which is not required to be a legal, description- of the building. wjd=jheproperty on which it is located; (W a description of the violation of the municipal standards that is present at the building: W a statement that the City will secure or has secured, as the case may be, the building, nd dW an explanation of the owner's entitlement to request a hearing before the City's Board of Adjustment about anv matter relating to the City's securing of the building. The Board of :1 stment shall •11 1 "ell! at wlicl the owner may testify or 1 witnesses or written • • about any matter relating to the City's securing- of the build within 36 1.. date the 6 =jjy=sgcures the building, o-wm files with the City a written reouest for the hearinme-before the City's Board of Adiustment. The CiVs Board of Adiustment 50636240.4 20 shall conduct the hearing within 20 days after the date the renuest is filed.. iv The City has the-s-ame a-uth-ority to asse-ss-ex _nses--nnder_this_ Section 54- 20 d)(20Las it has to assess expenses under S-ection 54- 20(d)16). A lien is created under this section in the same manner that a lien is created under Section 54- 20(d )(16 and is subject to the same conditions as a lien created under that section. Section 54 -21. General Responsibilities. a) Scope — The provisions of this Article V shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment, and exterior property. b) Responsiilitv — The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this Article V. A person shall not occupy as owner - occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this Article V. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. C) Maintenance — All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health and safety. Section 54 -22. Exterior Property Areas; Nuisance Upon Premises. a) No person owning, leasing, occupying or having charge of any premises shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such premises in a manner causing diminution in the value of the other property in the neighborhood in which such premises are located. b) It shall be unlawful for any person to permit or allow the keeping or the depositing on, or the scattering over the premises of any of the following: 1) Lumber, junk, trash, debris, brush, garbage or animal, vegetable or mineral matter and/or any composition of residue thereof with the exception of Composting done in accordance with this Chaff; 2) Abandoned, discarded or unused objects or equipment such as furniture, stoves, refrigerators, freezers or other appliances and including empty and discarded cans or containers, inoperable motor vehicles, car parts, tires and structurally unsound fences. 50636240.4 21 3) Any sign, notice, pole, post, basketball goa , and any other obstruction placed or painted upon any sidewalk, street or in any public right -of -way within the corporate limits of the City. 4) Excessive growth of weeds or other vegetation that exceeds eight inches (8 ") in height or is allowed to remain upon premises so as to become a breeding place for flies, or insects or become offensive so as to emit foul or noxious odors; excluding trees, fruits, vegetables, farm crops, bushes, garden beds, flowers or other ornamental plants and Composting done in accordance with this Chaff. 5) The accumulation of stagnant water permitted to remain thereon. Watering beyond an individual's property, or in a manner or amount which encroaches on a neighbor's property resulting in standing or stagnant water is prohibited. 6) Inadequate or unsanitary sewage or plumbing facilities, contrary to public health, safety or welfare. 7� ILshall be unlawful and declared a_ nuisance for any person_ to dump, or rmito- b-c-Auinped,, won or along any drain,,_gutter, allcy,: easement sidewalk} , right -9f-_way or vacant lot into or-adjacent-lo-mater-or an other public or rin vate property within the corporate limits of the City, and unwholesome water. refuse, rubbish, trash_ debris, weeds, brush, tree cuttings. junk, garbage, impure or unwholesome matter of any kind or other objectionable or unsightly matter of whatever kind. C) In other areas of the City, that portion of any lot or parcel of land within fifty feet (50') of any open street or road or which is within seventy -five feet (75') of any building shall be kept completely free and clear of excessive growth of weeds and vegetation that exceed eight inches (8 ") in height. Abandoned and discarded equipment and rubbish and stagnant water are also prohibited. d) It shall be unlawful for any person owning, leasing, occupying or having charge of any premises to permit the overhanging or protrusions of trees, brush and shrubs over streets, sidewalk, alleys and easements. 1) Minimum clearance from street surface shall be fifteen feet (15') 2) Minimum clearance in easements and alleys shall be fifteen feet (15') in height from entire width of easement. 3) Minimum clearance over sidewalks shall be eight feet (8') e) All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. 50636240.4 22 f) All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes, which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re- infestation. g) All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. h) No person shall willingly or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. sser!�s� .- .- Isses! ..."J7 :e�seeer a.. J7 ". - — ..�aiss I.. by allowing the sun to dissipate the ehler-ifle of by utilization of eheffliea4- deehlor-ination additives. Disehaf:ging of - �. J1 Composting — Nothing in this Chapter shall prohibit the coMDostinL- of organic waste or aDDlication of • •• -d • waste. • ••_ • �- All compost piles shall be maintained so as to prevent the harborage of rodents and pests. The presence of rodents in or near a compost vile shall ca se the City to issue a complaint. 50636240.4 23 MINOR .- .- Isses! ..."J7 :e�seeer a.. J7 ". - — ..�aiss I.. by allowing the sun to dissipate the ehler-ifle of by utilization of eheffliea4- deehlor-ination additives. Disehaf:ging of - �. J1 Composting — Nothing in this Chapter shall prohibit the coMDostinL- of organic waste or aDDlication of • •• -d • waste. • ••_ • �- All compost piles shall be maintained so as to prevent the harborage of rodents and pests. The presence of rodents in or near a compost vile shall ca se the City to issue a complaint. 50636240.4 23 All comhpiles shall be maintained so as to ]prevent un_nleasant, rotten egg -like, putrefactive, sweet, sour or pungent odors. LIL No composts shall_ be laccated less than three = (3)_ feet from the rear or side, property line or within. twenty (20) feet of anv_ home, patio, op of or similar structim on the adjacent roperty,- (5L Compost piles shall contain no more than a total of five (5) cubic yards of end product on -site at any one time. Anyone requesting an increase in size limitations must submit a request (in writin) to the Code Official and demonstrate that the acreage is sufficiently sized and 12ro1Ly situated to handle the increase. No coMost ilile sb-all be located where it-will impede the nxt)xal free floir- -Qf storm water drainage. I Any vegetables, fruits, egg shells, fruit peels, rinds and hair must be composted in such a way that these materials are buried in the center of the pile at all times and so that non e -of-flbese- aterials are exposed or visible. Compost piles established in accordance with this Chapter shall be for private use only,_ There shall not be commercial rp ovision of material to be composted or commercial use of the moduct of such compostii ,g. 9) Every owner or operator shall be responsible for maintaining all property under his/her control in accordance with these requirements. 1 Q Compost piles may contain the following permitted ingredients: • Yard waste, including leaves, sod and grass clinpings: • Untreated wood, wood chins and sawdust: • Paper and straw: i •_ Em�gg�shells: o Coffee grounds and tea leaves: • Vegetables, fruits and their remains Heels and rindsl: • Drver lint and hair: •_ Aquatic weeds: • Evergreen needles: Organic garden waste, and • Commercial compost additives. No compost pile shall contain any of the following: 50636240.4 24 • Animal carcasses, fish, fowl, meat or other animal products: • Manure or animal feces of any k • Used litter box remains: • Milk, cheese, sour cream -or other dairy prodi • Lard, oils, or oil -based food • Mayonnaise or salad_dressn • Peanut butter: Whole grains (rice, wheat, barley, et"- o Items not normally com o •_ Plants that are diseased; -and • Items not biodegradable. Section 54 -23, Reserved, Section 54 -24. Parking Prohibited on Front and Side Yards. a) It shall be unlawful for a person to park or allow to remain parked a motor vehicle, construction vehicle, boat, personal water craft or trailer of any kind (except those defined in subparagraph b) at any time in the side or front yard in any single - family residential zoned district, unless parked on a well maintained parking area extending from the curb, street or alley - and constructed of concrete or asphalt; and When recreational vehicles allowed. It shall be unlawful for- ^ per-se to l park or maintain any = rec reation vehicle,, (as defined below) for- w, e than 72 hours on any lot in any i,.,.ation in the r,....;,,,, of t +i- herein. on any public street in the City for a period in excess of seventy -two (72) hours. Recreational vehicles shall be allowed on a lot, tract or parcel of land in the City under the following conditions: ifs i i i i i tl�� _ •, l i - u, ii4MO MO, =4 iii�i%W I 110511,11. � PROM (2) Behind the-front or exterior side yard building lLne- A rccreationalyeh_ic�l - cav be -iarVed-be4J-_t_d 6 e fro-ft exterior side vard build. kt a-h-te -6)rovide) of any main •, �. 50636240.4 25 d) Forurposes_Qf section `^54.24_, "recreational vehicle" means a bus conversion, Class "A" camper, Class "C" camper, travel trailer, fifth wheel trailer, or pop -up camper. �srs�rsrs!ees re a sue..... W..- ..• . I I I IN other tha-1--a—graph S) alb6ve-. .�• � s MPM �srs�rsrs!ees re a sue..... W..- . I I I IN other tha-1--a—graph S) alb6ve-. 1 � s 50636240.4 26 m oil y . :� M, ........... . ..... imE m oil y . LSI:�lIRf:!!R'K'J'f. .......... I M M Ill, 50636240.4 27 LSI:�lIRf:!!R'K'J'f. .......... I M M Ill, . ... . . ............ 50636240.4 27 is - � ........ . ....... . Section 54 -26. nteri�trum(we.25 — 54 -27. Reserved. _ .r�:e�ste�:rerr�eere�:seersr: _ . ......... MIN wo � ........ . ....... . Section 54 -26. nteri�trum(we.25 — 54 -27. Reserved. . ......... MIN wo � ........ . ....... . Section 54 -26. nteri�trum(we.25 — 54 -27. Reserved. 50636240.4 28 wo 50636240.4 28 Sec_ tion_54 -28. Rubbish and Garbage. eMMMEMM_ a Reftigefa Large Appliances — Storing large appliances (including freezers. refrigerators stoves, dishwashers. clothes washers, clothes dryers. and other 50636240.4 29 _ ...... NIMMONS Sec_ tion_54 -28. Rubbish and Garbage. eMMMEMM_ a Reftigefa Large Appliances — Storing large appliances (including freezers. refrigerators stoves, dishwashers. clothes washers, clothes dryers. and other 50636240.4 29 _ ...... Sec_ tion_54 -28. Rubbish and Garbage. eMMMEMM_ a Reftigefa Large Appliances — Storing large appliances (including freezers. refrigerators stoves, dishwashers. clothes washers, clothes dryers. and other 50636240.4 29 a Reftigefa Large Appliances — Storing large appliances (including freezers. refrigerators stoves, dishwashers. clothes washers, clothes dryers. and other 50636240.4 29 similar appRancesl and similar equipment not in operation on the exterior areas of the property is prohibited. The only exceptions shall be if the doors or any self - latching devices are removed and the equipment is going to be discarded during the City fall and spring cleanup or immediately taken to an approved dumpsite. #}Time of Disposal — No trash or garbage containers will be placed on the curb line earlier than twenty -four (24) hours prior to the time of the collection or left no later than twenty -four (24) hours after the time of collection. c) Dumpsters It shall be unlawful to dispose of,garbage, junk, rubbish, or other trash in any dumpster for which . the person disposing of such items does not have- the lawful right or permission to use. Section 54 -29. Texas Litter Abatement Act Adopted. To prevent illegal dumping within the City, and to eliminate and abate the health and safety hazards associated with and attributable to such illegal dumping, the City of Schertz hereby adopts Chapter 365, the Texas Litter Abatement Act, of the Texas Health and Safety Code, as amended from time to time, in its entirety herein, and it shall serve as the City's ordinance for illegal dumping. Section 54 -30. Extermination. a) Infestation — All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re- infestation. Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination. b) Owner — The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. C) Single Occupancy Structures — The occupant of a one - family dwelling or of a single tenant nonresidential structure shall be responsible for extermination on the premises. 50636240.4 30 d) Multiple Occupancy Structures — The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination. C) Occupant — The occupant of any structure shall be responsible for the continued rodent and pest -free condition of the structure. Section 54-31 1 ight Ventilation and Oeeupainey I imitations3l — 54 -33. Reserved. 50636240.4 31 '. I M11�11 M"Sm ffl: 'I i. - M-1 w LEI �� h[�ilw�l %WPM • a. RMSIMEN Wo .. a. _ _014.11 01 MW �. a. 50636240.4 31 '. I M11�11 M"Sm ffl: 'I i. - M-1 w LEI �� h[�ilw�l %WPM Wo .. a. _ WE �. 50636240.4 31 '. I M11�11 M"Sm ffl: 'I i. - M-1 w LEI �� h[�ilw�l %WPM 50636240.4 31 .. .�Mss f ■miff !�!!7!!!.!l7T.!l7�Sf f }�: !l�l1Tli!!!T.'i �!_!il7= ��P.�:1- T�TYSi�Ef t• d!Efit/�R!*!!flSiR'ltLi. _ • I WIN .. .�Mss f ■miff !�!!7!!!.!l7T.!l7�Sf f }�: !l�l1Tli!!!T.'i �!_!il7= ��P.�:1- T�TYSi�Ef t• ■ ��iRi�R'.f!!.'lfS�L'!i. f!�l:��!R!f�!!'�'.EOZf 6't'A'.lEiiif. _ ■ ��iRi�R'.f!!.'lfS�L'!i. f!�l:��!R!f�!!'�'.EOZf Illy 50636240.4 32 ■ -- - ------- -------- Illy 50636240.4 32 50636240.4 32 zip a. a � Vi ..9:...!•i..:.�...� •�.. :. �11/� %t•�.A9.�:t. ..>Al.....� J �...11ll � 50636240.4 33 \�fffl ��♦�IRf ��I��f1�� ♦�ff\�'l!fflR.�IfltRf �f�lt! \�l••f• \�I\l� � �fl� =� �l I�nlli �iIYMMMYIiiI%i1��lilliYlMM1Ai MEM Y■11x�wspi�■InnI�wp�wyw�I��rpw�wr�...r�,ww�Mwrw. I r 't♦�)�fRR��ii� �I \if�i��♦��[Rf�/if��LRf 50636240.4 34 �iIYMMMYIiiI%i1��lilliYlMM1Ai Y■11x�wspi�■InnI�wp�wyw�I��rpw�wr�...r�,ww�Mwrw. I r 't♦�)�fRR��ii� �I \if�i��♦��[Rf�/if��LRf ��99Rf� 50636240.4 34 't♦�)�fRR��ii� �I \if�i��♦��[Rf�/if��LRf ��99Rf� 50636240.4 34 I� \R� %� \IRRf \nTIRR�li fflf)�\Rf��fR Y• ��< Rf97 T1�1• ��I� •tRS•9�I�••\t \�I•��f•RfI��I�y= 50636240.4 34 . . ............. 50636240.4 35 IMF VMS lil . . ............. 50636240.4 35 • mv�l fl . . ............. 50636240.4 35 ... .......... . . . ............. 50636240.4 35 ra eery. rs�� eesrirse RIM I ra eery. rs�� eesrirse � . eE'feer'!.'f!f . .earafee!r.:see�i 50636240.4 36 WN NO � . eE'feer'!.'f!f . .earafee!r.:see�i 50636240.4 36 LLUJ ARTICLE VI. JUNK VEHICLES. Section 54 -34. Deela-ration of Tehieles as Publie " �� - nforcement Person authorized under this Chanter to administer the procedures set forth in this Chanter may g=n=ter-p-ub-lic- _r_private,property for the purposes_ specified in this Chapter t_o examne— vehicl"r vehicle p4�tain information alto the identity of the vehicle, and remove or cause the removal of a nuisance vehicle oryehicle, part. Section 54 -35 — Penalties. (a Any personrwho maintains, allows causes or permits a nuisance—yehicle�ublic or private propeM commits a misdemeanor and upon conviction shall be subject to a fine not to exceed $200.00. Each day a violation continues constitutes a se an rate offense. (b) U viction, the court may order the removal and abatement of tbe_nuisance vehicle. Section 54 -36 - Junk vehicles declared public nuisance. unk Vehieles °r pafts *'� °r ° °�A iunlced. vehicle that afeis located in a place where th€y -arei i visible from a public place or public right -of -way afeis detrimental to the safety and welfare of the general public, tendtenn s to reduce the value of private property, invitein3dies vandalism, efeate-- acreates fire hazafd, eenA 4ehazards and constitutes an attractive nuisance creating a hazard to the health and safety of minors; and pis detrimental to the economic welfare of the City by producing urban blight adverse to the maintenance and continuing development of the City, and as stie , are deel fed to beis a public nuisance. Section 54- 35. jun'ehicleNotiee37 — Junk vehicles prohibited on public property. -� • •- • • • u. •i :� •.• • 11MINNITIM-1111M. i • M. W, 50636240.4 37 (b) a*A notiee of a hink Vehiele violation must be personally delivered, or- deliver-ed by eei4ified mail with a five (5) day fetufn feEtuested, or- delivefed by the United States- vehicle that remains in violation of this section for a period of more than 48 hours constitutes an abandoned motor vehicle and may be dealt with under processes defined by state law for removal s �a�andoned motor vehicle. . ._ wprlu� ._.migiae,:.o"v. rf��e +s�eree�erv:r�e�E�se�:ee:rs�. _ ..■ .�see�rs !tisr�. ME M ) This notioe shall ifiekide, Mwrrs+.s� .i 2) Any r-eq test f a hearing must be made befofe the to (1 0) day period Section 54 -38 — Junk vehicles prohibited on private DronertxyT (a) It is unlawful for a person that owns or controls any r� eal property to maintain, allow. cause or permit a dunk vehicle to be placed or to remain on the ])ropert (b) It is unlawful for a p rson to maintain, allow. cause or permit a junk hi le tG-b� placed or to remain on real moperty without the permission of the owner of the rl? 1? y Section 54- 36. Exemp 32 D -efeusesAo -p- se -c-utlDn-- 50636240.4 38 3) The lieense pla4e iitttnbef if available. e) The notiee must state thati. 2) Any r-eq test f a hearing must be made befofe the to (1 0) day period Section 54 -38 — Junk vehicles prohibited on private DronertxyT (a) It is unlawful for a person that owns or controls any r� eal property to maintain, allow. cause or permit a dunk vehicle to be placed or to remain on the ])ropert (b) It is unlawful for a p rson to maintain, allow. cause or permit a junk hi le tG-b� placed or to remain on real moperty without the permission of the owner of the rl? 1? y Section 54- 36. Exemp 32 D -efeusesAo -p- se -c-utlDn-- 50636240.4 38 O The following are defenses to prosecution under this n 14iel° section 54 -38. #3 Al) The vehicle or vehicle completely enclosed within a building in a lawful fflanner- whefe afeand is not visible from a- right he-stre,d or other puhlie-e private aLpuhlic property -3 g} A2J The vehicle or vehicle pafts that afepgjLja stored or parked i-rre 1.wfit! manner --an p epet4 that is zoned and ,°afor- - aiitomotiv_e- are maintained in a manner- so that they do not eanstitute a health of safi-;�- hazar-I47--9n_ riyat�prope_rty iQnnec-t-ion_ �ith—t—he _ business of- licensed_ vehicle dealer oriunkyard: the e v*ff3) The vehicle is an unlicensed, operable or inoperable antique or special interest vehicle stored by a collector on the collector's property, if the meter - vehicle er- paFts and outdoor storage area are maintained in a manner so that they do not constitute a health hazard and are screened from ordinary public view by means of a fence. Any variations fo_m_*his °etio, must have the approval .f City f.unei1 trees, shrubbery olothex- aDDrQpriate means: or . neerssesz��y:* srr: ��: e�sz�:rrsrsreTE�!r�:n:rri�srx� .rs��aser�: The vehicle is in an appropriate storage facility maintained by the City or approved by the Citv. This section does not allow a person to leave a junk vehicle on rip vate property without the permission of the owner of the rtope 50636240.4 39 Section 54 -40 — Conflict&A law. The authority to take possession of junk Vehic- lesiunk vehicles and procedures relating thereto; as adopted by under this Af6e1e V-I, h to are to be construed in a manner consistent with the gener-al -laws of the State of Texas. If the provisions or procedures adopted by the City should conflict with the general laws of the State of Texas at the- laws of the State of Texas genead law shall prev-ailcontrol. Section 54 -41— Notice to abate funk vehicle. —For junk vehicles_ on private_ property as descrit or his or her degnee,�t, give written notice mail five -day return requested; or (iii). Unite( confirmation service, to the last known re ig stern of record and the owner or occupant of the pr( If the nost office address of the owner is unkn vehicle or hand delivered to the owner. (W The notice must state: )ed in section 54 -38, the City Marshal, b -- it personal delivery; (ii) certified I States Postal Service with signature ;d owner of the vehicle, any lienholder Iperty on which the vehicle is located. own, the notice may be placed on the 21 That the nuisance must be abated within ten days after the notice-was- personally deliverer mailer - 31 That a request for a public hearing must be made within the ten -day wit will be automatically waived; and 4) That if the nuisance is not removed and a hearing is not requested within the ten-day er, the City will remove or cause the removal of the junk vehicle. If any notice is returned undelivered, official action to abate the junk vehicle shall be continued to a date not less than the 11th day after the date of return . (M For junk vehicles on public propej! as described in section 54 -37 which are not dealt with as abandoned motor vehicles, written notice shall be given as described in subsection (a) of this section, except that notice must be mailed to the occupant of the public premises and to the owner or occupant of the premises adjacent to the un blic tlgbt -of -way. Section 54 -42 — Public hearing in municipal court,_ a Upon the timely request fora hearing of any person to whom a notice was i regarding a junk vehicle, a un blic hearing will be held before a municipal court judge. Notice of the time, date and location of the hearing will be provided to each en rson who submitted a timelyreluest for a hearings 50636240.4 40 (fib The issue at the hearing is whether the vehicle is a junk vehicle. W At the hearing, unless proved otherwise by the owner, the vehicle is rep sumed to be in r 1 If the judge finds the vehicle to be a junk vehicl e. thejudge will order the_)Lehicte tQ be removed. (fie Any order requiring the r -emoval of a junk vehicle or vehicle part must include a= description of the vehicle_ and the vehicle identification_ number and license number. if the information is available at the site.-(State law reference — Transportation Code The City may remove a Junk vehicle at any_ time following a public hearing and order of the Judge or following the waiver of a hearing Section 54 -44 — Disposal of junk vehicle Miifili MM i5=11M -suitable demolisher or anv Drocessiniz as Section 54 -45— Notice to state. The City Marshal will give notice to the Texas Department of Trans�nortation of the removal of a nuisance vehicle not later than five days after its removal. The notice will identify the vehicle or vehicle vant. State law reference — Trans m tion Code 683.0741 50636240.4 41 SECTION 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. SECTION 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED AND APPROVED on first reading the 17th day of December, 2013. PASSED AND FINALLY APPROVED on second and final reading the day of 92014. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary [CITY SEAL] 50636240.4 42 Document comparison by Workshare Compare on Friday, December 13, 2013 6:17:03 AM Input: Document 1 ID interwovenSite: / /US DMS/US19XX/50686640/1 Description #50686640v1 <US19XX> - SCHERTZ Final Nuisance Deletions Order (01 -21 -09 version - FOR REDLINE ONLY) Document 2 ID interwovenSite: / /US DMS/US19XX/50636240/4 Description #50636240v4 <US19XX> - Schertz - Revised Nuisance Style change Ordinance - 2013 Rendering set Standard Legend: oved to Style change Format change Inserted cell Deleted cell Moved cell Split /Merged cell Padding cell Statistics: Count Insertions 406 Deletions 272 Moved from 12 Moved to 12 Style change 0 Format changed 0 Total changes 702 ORDINANCE NO. 13 -11-51 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, CHAPTER 54, NUISANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. AMENDMENT. Chapter 54, Nuisances, shall be amended as follows: CHAPTER 54, NUISANCES TABLE OF CONTENTS ARTICLE II. DEFINITIONS Section 54 -13. Definitions 50636240.4 1 ARTICLE I. IN GENERAL Section 54 -1. Scope Section 54 -2. Duties and Powers of the Code Official Section 54 -3. Severability Section 54 -4. Requirements not Covered by this Chapter Section 54 -5. Abatement of Violation Section 54 -6. General Notices and Orders Section 54 -7. Reserved Section 54 -8. Removal or Correction by the City; Interest on Expenses Section 54 -9. Restrictions Imposed on Property until Lien is Cleared Section 54 -10. Statement of Expenses; Lien for Expenses and for Interest on Expenses; Suit to Collect Expenses and Interest; Foreclosure of Lien; Proof of Expenses Section 54 -11. Transfer of Ownership Section 54 -12. Violations; Penalties ARTICLE II. DEFINITIONS Section 54 -13. Definitions 50636240.4 1 ARTICLE III. NOISE Section 54 -14. Certain Acts Declared to be Noise Nuisances ARTICLE IV. ABANDONED HOUSEHOLD APPLIANCES Section 54 -15. Abandoned Large Household Appliances Section 54 -16. Responsibility of Owner or Person in Control PROPER Section 54 -17. Section 54 -18. Section 54 -19. Section 54 -20. Section 54 -21. Section 54 -22. Section 54 -23. Section 54 -24. Section 54 -25. Section 54 -26. Section 54 -27. Section 54 -28. Section 54 -29. Section 54 -30. Section 54 -31. Section 54 -32. Section 54 -33. Section 54 -34. Section 54 -35. Section 54 -36. Section 54 -37 Section 54 -38. Section 54 -39. Section 54 -40. Section 54 -41. Section 54 -42. Section 54 -43. Section 54 -44. Section. 54 -45. ARTICLE V. TY MAINTENANCE REQUIREMENTS Building Standards Unsafe Structures and Equipment Emergency Measures Demolition General Responsibilities Exterior Property Areas; Nuisance Upon Premises Reserved Parking Prohibited on Front and Side Yards Reserved Reserved Reserved Rubbish and Garbage Texas Litter Abatement Act Adopted Extermination Reserved Reserved Reserved ARTICLE VI. JUNK VEHICLES Enforcement Penalties Junk vehicles declared public nuisance -Junk vehicles prohibited on public property Junk vehicles prohibited on private property Defenses to prosecution Conflicts of law Notice to abate junk vehicle Public hearing in municipal court Removal of junk vehicle Disposal of junk vehicle Notice to state 50636240.4 2 ARTICLE I. IN GENERAL. Section 54 -1. Scope. The provisions of this Chapter shall apply to all residential and nonresidential structures and all premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance, whether now existing or existing in the future; the responsibility of owners, operators and occupants; the occupancy of structures and premises, and for administration, enforcement and penalties within the jurisdiction of the City and property within 5,000 feet outside the limits of the City, whether or not within the extraterritorial jurisdiction of the City. (State law reference — LGC 217.042.) Section 54 -2. Duties and Powers of the Code Official. a) Generally — The City Health Official, hereinafter referred to in this Chapter as the Code Official, is hereby authorized and directed to enforce the provisions of this Chapter and other related ordinances and regulations of the City. The Code Official shall have the authority to render interpretations of this Chapter and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall be in compliance with the intent and purpose of this Chapter and shall not have the effect of waiving requirements specifically provided for in this Chapter. The Code Official is a member of the City Marshal's Department, which shall have overall enforcement authority as to this Chapter. The foregoing is not intended, and shall not be interpreted, to limit the authority of the City's police department or of any other applicable law enforcement department or agency with applicable jurisdiction from enforcing the provisions of this Chapter, which police department and any other applicable law enforcement department(s) or agency(ies) with applicable jurisdiction shall also have enforcement authority. b) Reports — The Code Official shall give attention to the health and sanitary conditions of the City and report to the City Council periodically, making recommendations as necessary conducive to the cleanliness of the City and the general health of the citizens. C) Right of Entry — It shall be unlawful for any person to interfere, hinder, or delay the Code Official or other City deputies, inspectors, or officers in the discharge of any duties under this Chapter or to refuse to comply with the orders of the Code Official. The Code Official shall issue all necessary notices or orders to ensure compliance with this Chapter. 50636240.4 3 d) Inspections — The Code Official shall respond to complaints related to violations of this Chapter and shall conduct inspections related to ensuring compliance with all state and local requirements governing general property maintenance. e) Department Records — Official records shall be kept of all complaints, reports, citations, notices, and orders issued for violations of this Chapter. Such records shall be retained in the official records of the City pursuant to the City's document retention policy. f) No Liability — The Code Official and any other employees, personnel, or officers charged with the enforcement of this Chapter while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this Chapter or other pertinent laws or ordinances, shall not thereby be rendered liable personally and are hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or omission in the discharge of official duties. Any suit instituted against the Code Official or any other employee, personnel, or officer charged with enforcement of this Chapter because of an act performed by such individual in the lawful discharge of duties under the provisions of this Chapter shall be defended by legal representation provided by the City until the final termination of the proceedings. The Code Official or any other employee, personnel, or officer charged with enforcement of this Chapter shall not be liable for cost in any such action, suit, or proceeding unless it is determined by a court in a final non - appealable judgment that the individual did not act in good faith without malice or that the individual acted outside the scope of his or her duties. Section 54 -3. Severability. If a section, subsection, sentence, clause, or phrase of this Chapter is, for any reason, held to be unconstitutional, illegal, or invalid, such decision shall not affect the validity of the remaining portions of this Chapter. Section 54 -4. Requirements not Covered by this Chapter. Requirements necessary for the strength, stability, or proper operation of an existing fixture, structure, or equipment, or for the public safety, health, and general welfare and not specifically covered by this Chapter, shall be determined by the Code Official or by other applicable departments of the City. Section 54 -5. Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the Code Official from instituting appropriate action to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, business, or utilization of a building, structure, or premises. Section 54 -6. General Notices and Orders. 50636240.4 4 a) Notice to Person Responsible — Whenever the Code Official determines that there has been a violation of this Chapter or has grounds to believe that a violation has occurred, notice shall be given to the owner, tenant, lessee, occupant, mortgagee, agent, or lien holder, as applicable, in accordance with the provisions of this Sec. 54 -6. b) Form — Any notice given under this Chapter shall: 1) Be in writing; 2) Include a description of the applicable real estate to which the violation relates sufficient for identification; 3) Include a statement of the violation or violations and why the notice is being issued; 4) Include a correction order allowing seven (7) calendar days after the date on the notice to make the repairs and improvements required to bring the property or structure into compliance; 5) Inform the property owner of the right to appeal; and 6) Include a statement regarding the City's right to file a lien. C) Method of Service — Any notice given under this Chapter shall be deemed to be properly served if a copy thereof is (State law reference — LGC 342.006.): 1) Delivered personally; 2) Sent by certified or first -class mail addressed to the last known address of the property owner as recorded in the appraisal district records of the appraisal district in which the property is located; 3) Posted on a placard attached to a stake driven into the ground on the property to which the violation relates; 4) Posted on or near the front door of each building on the property to which the violation relates; or 5) If personal service cannot be obtained, given by publication at least once. d) Final Notice - In the notice, the City may inform the owner (either by regular mail and a posting on the property or by personally delivering the notice), that if the owner commits another violation of the same kind or nature on or before the first anniversary of the date of the notice, the City, without further notice, may issue a citation, correct the violation at the owner's expense, and assess the expense against the property. If the violation covered by a notice under this Chapter occurs within the one -year period following issuance of the notice, and the City has not 50636240.4 5 been informed in writing by the owner of an ownership change, then the City without notice may take any action permitted by Sec. 54 -8 and assess its expenses as provided in Sec. 54 -9, 54 -10, and Sec. 54 -12. e) Refused or Unclaimed — If the Code Official mails a notice to a person responsible for a violation and the United States Postal Service returns the notice as "refused" or "unclaimed ", the validity of the notice is not affected, and the notice is considered to have been delivered. Section 54 -7. Reserved. Section 54 -8. Removal or Correction by the City; Interest on Expenses. In the event the owner, tenant, lessee, agent, or occupant of any lot, parcel, or premises fails to remove or remedy any condition described in this Chapter within seven (7) calendar days after notice has been given, the City may do whatever is deemed necessary to remove or remedy the condition, or cause the same to be done, and charge the expenses incurred thereby to the owner, tenant, agent, lessee, or occupant of the lot, parcel, or premises, and such expenses shall be assessed as a lien against the real estate upon which the work is done. A statement of expenses incurred will be certified by the City Secretary and sent to the violator of this Chapter. That person will be given a period of fifteen (15) calendar days for total reimbursement to the City. Upon the expiration of fifteen (15) calendar days, the amount of such unpaid expenses shall bear ten percent (10 %) per annum interest from the date certified by the City Secretary. Section 54 -9. Restrictions Imposed on Property until Lien is Cleared. In the event no collection can be made by the City of expenses incurred in removing or remedying any of the conditions and before and after a lien is filed against such property, the City shall have the right to impose the following restrictions on such property until such lien is cleared: a) No building permit of any type will be issued by the City with respect to the property involved, including building improvement, remodeling or modification permits; and b) A fee of $200.00 will be levied against the violator as an administrative fee to cover the costs of filing a lien against the property. Section 54- 10.Statement of Expenses; Lien for Expenses and for Interest on Expenses; Suit to Collect Expenses and Interest; Foreclosure of Lien; Proof of Expenses. a) Statement of Expenses — The City Manager or his/her designated representative may file, with the County Clerk of the county or counties in which the property is located, a statement of expenses incurred under Sec. 54 -8 stating the following (State law reference — LGC 342.007.): 1) The amount of such expenses; 50636240.4 6 2) The date on which such expenses were certified by the City Secretary; 3) The name of the property owner, if known; and 4) The legal description of the property. b) Lien for Expenses and for Interest on Expenses — Upon filing a Statement of Expenses described in Sec. 54- 10(a), the City shall have a lien against the property to secure the expenses and interest, which lien is superior to all other liens except for tax liens and liens for street improvements. (State law reference — LGC 342.007.) C) Suit to Collect Expenses and Interest; Foreclosure of Lien — (State law reference — LGC 342.007.) 1) The City may bring suit for foreclosure of the lien to recover the expenses and interest; and 2) The City may foreclose a lien under this Chapter as provided by Section 33.91 of the Texas Tax Code. d) Proof of Expenses — A Statement of Expenses described in Sec. 54 -10(a) or a certified copy of a Statement of Expenses shall be prima facie proof of the amount expended for such work or improvements. (State law reference — LGC 342.007.) Section 54- 11.Transfer of Ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease, or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation used by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee, or lessee acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. Section 54-12. Violations. a) Unlawful Acts — It shall be unlawful for a person to be in conflict with or in violation of any of the provisions of this Chapter. b) Penalties — Any violation by any person of this Chapter is declared to be unlawful and a misdemeanor and any violation thereof shall be punished by a fine of not less than $40.00 or more than $2,000.00. Any person in violation of this Chapter and having paid a fine assessed for such violation shall not be relieved of the expense incurred by the City in removing or remedying the condition prescribed 50636240.4 7 in this Chapter. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Paying the fine for the violation does not relieve the person from remedying the violation. ARTICLE II. DEFINITIONS. Section 54-13. Definitions. The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Antique Vehicle — is a passenger car or truck that is at least twenty -five (25) years old. Code Official — the City Health Official who is charged with the administration and enforcement of this Chapter, or any duly authorized representative of such person. Composting — means a controlled biological reduction of organic waste to humus. Easement — means a strip of land extending along a property line or across a lot, for which a limited right of use has been or is to be granted for a public or quasi - public purpose. No property owner shall place any obstructions or structures in or along an Easement. Garbage — means any rejected or waste household food composed of vegetable and animal substances; or other waste. It shall be taken to mean and include all table and kitchen refuse of every kind and description; also decaying vegetables and meats, or anything that will, or may, decompose and become offensive or dangerous to health. General nuisance — means any condition or use of a building, structure, lot, parcel, or premises which is in an unsanitary, objectionable, or unsightly condition or injurious to public health, which is detrimental to the property of others, or which causes, or tends to cause diminution in the value of other property in the neighborhood in which such premises is located. Inoperable Motor Vehicle — means (i) any motorized vehicle incapable of immediately being driven and not properly licensed or inspected for safety in accordance with state law; (ii) a car, truck, bus, or van that cannot be started and moved under its own power; (iii) a vehicle that is not currently licensed, including a recreational vehicle or trailer, which is designed for travel on the public roads; or (iv) an inoperable tractor or inoperable farm equipment. Junk — means all worn out, worthless or discarded material, including, but not limited to, any of the following materials, or parts of said materials or any combination thereof; new or used iron, steel or nonferrous metallic scrap, brass or waste materials; used and/or inoperative household appliances, household electrical or plumbing fixtures, floor coverings and/or window coverings not currently in use; used lumber, brick, cement block, wire, tubing and pipe, drums, barrels, and/or roofing material not currently in use; air conditioning and heating equipment not currently in use; used vehicle components and parts not currently in use; used furniture other than that 50636240.4 8 designated for outdoor use; used and/or inoperative lawn care equipment and machinery not currently in use; pallets, windows or doors not currently in use; new or used sheet metal, structural steel and/or chain not currently in use; used and /or inoperable vending machines, radios and/or televisions not currently in use; and any other type of used and/or inoperable machinery not currently in use. Discarded bottles or cans. Any other building materials or debris. Junk Vehicle — is a vehicle that is self - propelled and does not have lawfully affixed to it both an unexpired license plate and a valid motor vehicle safety inspection certificate (both a current registration and inspection sticker shall be affixed to the windshield, if one of those is expired, the vehicle is in violation); and is: a) wrecked, dismantled or partially dismantled, or discarded; or b) inoperable and has remained inoperable for more than seventy -two (72) consecutive hours if the vehicle is on public property or thirty (30) consecutive days if the vehicle is on private property. (State law reference — Transportation Code 683.071.) Lot or parcel — is defined and considered as having ordinary meaning but shall include, in addition to the land within a lot or parcel boundary, all land adjacent to and extending beyond the property line to the curb line of adjacent streets and, where no curb exists, to the existing street surface. The word "lot" or "parcel" shall also include all land lying between the property line of any lot or parcel and the center of adjacent easements. Motor vehicle — means a vehicle that is subject to registration under Chapter 501 of the Texas Transportation Code, as amended from time to time. Motor vehicle collector — means a person who: a) Owns one or more Antique Vehicle or Special Interest Vehicle; and b) Acquires, collects, or disposes of an Antique Vehicle or Special Interest Vehicle for personal use to restore and preserve an Antique Vehicle or Special Interest Vehicle for historic interest. Nuisance — means any condition, object, material or matter that is dangerous or detrimental to human life or health; or that renders the ground, the water, the air or food a hazard or likely to cause injury to human life or health; or that is offensive to the senses; or that threatens to become detrimental to the public health; and shall include, but is not limited to: any abandoned wells, abandoned household appliances, stagnant or unwholesome water, rubbish, junk, trash, debris or refuse, impure or unwholesome matter of any kind, any objectionable, unsightly or unsanitary matter of whatever nature. Noise nuisance — means any unreasonably loud, disturbing noise which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof and is hereby declared to be a nuisance. 50636240.4 9 Owner — means any person having a legal or equitable interest in the property in question; or recorded in the official records of the state, county or municipality as holding title to such property; or otherwise having control of such property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Person — as used in this Chapter shall be construed to impart the singular and plural as the case demands, and shall include corporations, companies, societies, associations, firms, partnerships, all other entities, and individuals. Right -of -way — means a public or private area that allows for the passage of people or goods. Right -of -way includes passageways such as freeways, streets, bike paths, alleys, and walkways. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features such as landscaped areas. Rubbish — means miscellaneous waste materials resulting from housekeeping, mercantile enterprises, trades, manufacturing, and offices, including other waste matter, such as slag, stone, broken concrete, fly ashes, ashes, tin cans, glass, scrap metal, rubber, paper, rags, chemicals, or similar or related combinations thereof. Special Interest Vehicle — is a motor vehicle of any age which has not been altered or modified from the original manufacturer's specifications and, because of its historic interest, is being preserved by a hobbyist. Structure — means that which is built or constructed on any property within the City. Tenant — means a person, whether or not the legal owner of record, occupying a building or portion thereof as a unit. ARTICLE III. NOISE. Section 54- 14.Certain Acts Declared to be Noise Nuisances. The following acts, among others, are declared to be nuisances in violation of this Article, but said enumerations shall not be deemed to be exclusive: a) The playing of any radio, tape recorder, cassette player, compact disk player, DVD player, MP3 player, any digital device or any similar device or any musical instrument in such a manner or with such volume, particularly during the hours between 10:00 pm and 7:00 am, as to disturb the quiet, comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type of residence. b) The use of any stationary loudspeaker or amplifier to such intensity that disturbs persons of ordinary sensibilities in the immediate vicinity thereof; the use of any stationary loudspeaker or amplifier operated on any day between the hours of 10:00 pm and 7:00 am. 50636240.4 10 C) The keeping of any animal or bird which by causing frequent or long- continued noise shall disturb the comfort and repose of any person of ordinary sensibilities in the immediate vicinity. d) The continued or frequent sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle except as a danger or warning signal; the creation by means of any such said device of any unreasonable loud or harsh noise for any unreasonable period of time. e) The running of any automobile, motorcycle, or vehicle so out of repair, so loud or in such manner as to create loud or grating, grinding, jarring, or rattling noise or vibration. f) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or boat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. g) The use of any mechanical device operated by compressed air, unless the noise to be created is effectively muffled and reduced. h) Commercial contractors are prohibited from the erection (including excavation), demolition, alteration or repair work on any building or structure other than between the hours of 7:00 am and 6:00 pm, on weekdays and 9:00 am to 5:00 pm on Saturdays. Commercial contractors are prohibited from outdoor work involving erection (including excavation), demolition, alteration or repair work on unoccupied structures on Sundays. An exception can be made in case of urgent necessity in the interest of public safety and convenience, and then only by written permit from the City Manager or his/her designee, which permit may be renewed by the City Manager or his/her designee, during the time the emergency exists. All special requests must be submitted in writing. i) The creation of any excessive noise on any street adjacent to any school or institution of learning while in session or adjacent to any hospital which interferes with the working of such institutions, providing conspicuous signs are displayed in such manner indicating that the same is a school or hospital street. j) The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers. k) The raucous shouting and crying of peddlers, hawkers and vendors, which disturb the peace and quiet of the neighborhood. 1) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noise to any performance, show or sale of merchandise. 50636240.4 11 ARTICLE IV. ABANDONED HOUSEHOLD APPLIANCES. Section 54- 15.Abandoned Large Household Appliances. It shall be unlawful for any person to cause or permit to be or remain upon any premises under his control in a public or semi - public area that might be accessible to children, any large appliance (including any freezer, refrigerator, stove, dishwasher, clothes washer, clothes dryer and other similar appliances). Section 54-16. Responsibility of Owner or Person in Control. The owner or person in control of any large home appliance on any such property as described in Sec. 54 -15 shall not permit same to be discarded, abandoned, or stored as to create a public nuisance of safety hazards. ARTICLE V. PROPERTY MAINTENANCE REQUIREMENTS Section 54 -17. Building Standards. The City has adopted certain building regulations and codes governing the minimum standards for the continued use and occupancy of all buildings regardless of the date of their construction, including, without limitation, those set forth in Section 54 -18 below, in Chapter 18 of the City's Code of Ordinances, and elsewhere in the City's Code of Ordinances. Section 54- 18.Unsafe Structures and Equipment. a) Unsafe Structure — An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. b) Unsafe Equipment — Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. C) Structure Unfit for Human OccupancX — A structure is unfit for human occupancy whenever the Code Official finds that such structure is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth or other contamination, or lacks ventilation, illumination, sanitary or heating facilities, or lacks current water or electric utilities, or other essential equipment required by this Article, or because the location of this structure constitutes a hazard to the occupants of the structure or to the public. 50636240.4 12 d) Unlawful Structure — An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this Article, or which was erected, altered or occupied contrary to law. e) Closing of Vacant Structure — If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Code Official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the Code Official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons, and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any legal resources. Section 54- 19.Emergency Measures. When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases, or materials, or operation of defective or dangerous equipment, the Code Official is authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice reading as follows: "This structure is unsafe, and its occupancy has been prohibited by the City of Schertz Code Official ". It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. Section 54- 20.Demolition. a) General — The Code Official shall order the owner of any premises upon which is located any structure, which in the Code Official's judgment is so old, dilapidated, or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, such that it is unreasonable to repair the structure, and to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure. b) Failure to Comply — If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal 50636240.4 13 shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. C) Salvage Material — When any structure has been ordered demolished and removed, the City or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price reasonably obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, to the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. d) Procedure (State law reference — LGC 214.001.) — 1) A public hearing shall be held before the City's Board of Adjustment to determine whether the building complies with the City's minimum standards for the continued use and occupancy of all buildings regardless of the date of their construction (see Section 54 -17 above) in connection with any person directly affected by a decision of the Code Official or a notice or order issued under Section 54 -20. 2) The parties to any proceeding under this Section 54 -20 before the City's Board of Adjustment shall have the right to appeal the decision of the City's Board of Adjustment to the State District Court within 10 days of such decision, or to the extent that Section 214.0012 of the Texas Local Government Code applies, within 30 days. 3) The City Marshal or his/her designee and the Director of Development Services or his/her designee shall present all cases related to this Section 54 -20 on behalf of the City before the Board of Adjustment. 4) Whenever it is determined that there are reasonable grounds to believe that there has been a violation of any provision of this Section 54 -20 or of any rule or regulation adopted pursuant thereto, notice of such alleged violation shall be given to the owner, and as applicable and as more fully described below, to each lienholder and mortgagee. Such alleged violations shall constitute a nuisance. 5) A notice of a hearing sent to an owner, lienholder, or mortgagee under this Section 54 -20 must include a statement that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work. 6) After the public hearing, if a building is found in violation of standards, the City's Board of Adjustment may order that the building be vacated, secured, repaired, removed, or demolished by the owner within a reasonable time as provided below. The City's Board of Adjustment also 50636240.4 14 (i) an identification, which is not required to be a legal description, of the building and the property on which it is located; (ii) a description of the violation of municipal standards that is present at the building; and (iii) a statement that the City will vacate, secure, remove, or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time. 7) As an alternative to the mortgagee and lienholder notice procedure prescribed by Section 54- 20(d)(6), the City may make a diligent effort to discover each mortgagee and lienholder before conducting the public hearing and may give them a notice of and an opportunity to comment at the hearing. In addition, the City may file notice of the hearing in the Official Public Records of Real Property in the county in which the property is located. The notice must contain the name and address of the owner of the affected property if that information can be determined, a legal description of the affected property, and a description of the hearing. The filing of the notice is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after the filing of the notice, and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice. If the City operates under this section, the order issued by the City may specify a reasonable time in accordance with the provisions set forth below for the building to be vacated, secured, repaired, removed, or demolished by the owner or for the occupants to be relocated by the owner and an additional reasonable time in accordance with the provisions set forth below for the ordered action to be taken by any of the mortgagees or lienholders in the event the owner fails to comply with the order within the time provided for action by the owner. Under this Section 54- 20(d)(7), the City is not required to furnish any notice to a mortgagee or lienholder other than a copy of the order in the event the owner fails to timely take the ordered action. 8) Within 10 days after the date that the order is issued, the City shall: (i) file a copy of the order in the office of the City Secretary; and 50636240.4 15 (ii) publish in a newspaper of general circulation in the City a notice containing: (a) the street address or legal description of the property; (b) the date of the hearing; (c) a brief statement indicating the results of the order; and (d) instructions stating where a complete copy of the order may be obtained. 9) After the hearing, the City shall promptly mail by certified mail with return receipt requested, deliver by the United States Postal Service using signature confirmation service, or personally deliver a copy of the order to the owner of the building and to any lienholder or mortgagee of the building. The City shall use its best efforts to determine the identity and address of any owner, lienholder, or mortgagee of the building. 10) In conducting a hearing under this Section 54 -20, the City's Board of Adjustment (if it finds that the building fails to comply with the City's minimum standards for the continued use and occupancy of all buildings regardless of the date of their construction) shall require the owner, lienholder, or mortgagee of the building to within 30 days: (i) secure the building from unauthorized entry; or (ii) repair, remove, or demolish the building, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days. 11) If the City's Board of Adjustment allows the owner, lienholder, or mortgagee more than 30 days to repair, remove, or demolish the building, the City's Board of Adjustment, in consultation with the Director of Development Services or his/her designee and the Marshal or his /her designee, shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder, or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by City's Board of Adjustment, in consultation with the Director of Development Services or his /her designee and the Marshal or his /her designee. 12) The City's Board of Adjustment may not allow the owner, lienholder, or mortgagee more than 90 days to repair, remove, or demolish the building or fully perform all work required to comply with the order unless the owner, lienholder, or mortgagee: 50636240.4 16 (i) submits a detailed plan and time schedule for the work at the hearing; and (ii) establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work. 13) If the City's Board of Adjustment allows the owner, lienholder, or mortgagee more than 90 days to complete any part of the work required to repair, remove, or demolish the building, the Board shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the Director of Development Services or his/her designee and the Marshal or his/her designee to demonstrate compliance with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder, or mortgagee appear before Director of Development Services or his/her designee and the Marshal or his/her designee to demonstrate compliance with the time schedules. If the owner, lienholder, or mortgagee owns property, including structures or improvements on property, within the City boundaries that exceeds $100,000 in total value, the City's Board of Adjustment may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing, or demolishing a building under this subsection. In lieu of a bond, the City's Board of Adjustment may require the owner, lienholder, or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party approved by the City. The bond must be posted, or the letter of credit or third party guaranty provided, not later than the 30th day after the date the City's Board of Adjustment issues the order. 14) In a public hearing before the City's Board of Adjustment to determine whether a building complies with the minimum standards for the continued use and occupancy of all buildings regardless of the date of their construction, the owner, lienholder, or mortgagee has the burden of proof to demonstrate the scope of any work that may be required to comply with the minimum standards and the time it will take to reasonably perform the work. 15) If the building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time, the City may vacate, secure, remove, or demolish the building or relocate the occupants at its own expense. This subsection does not limit the ability of a City to collect on a bond or other financial guaranty that may be required by Section 54- 20(d)(13). 16) If the City incurs expenses under Section 54- 20(d)(15), the City may assess the expenses on, and the City has a lien against, unless it is expressly prohibited under applicable state law, the property on which the 50636240.4 17 building was located. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the City for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the county clerk in the county in which the property is located. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the City, and the balance due. 17) If the notice is given and the opportunity to relocate the tenants of the building or to repair, remove, or demolish the building is afforded to each mortgagee and lienholder as set forth in this Section 54 -20, the lien is a privileged lien subordinate only to tax liens. 18) The City satisfies the requirements of this Section 54 -20 to make a diligent effort, to use its best efforts, or to make a reasonable effort to determine the identity and address of an owner, a lienholder, or a mortgagee if the City searches the following records: (i) county real property records of the county in which the building is located; (ii) appraisal district records of the appraisal district in which the building is located; (iii) records of the secretary of state; (iv) assumed name records of the county in which the building is located; (v) tax records of the City; and (vi) utility records of the City. 19) When the City mails a notice in accordance with this Section 54 -20 to a property owner, lienholder, mortgagee, or registered agent and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered. 20) In addition to the procedures set forth above, the City may secure, in accordance with the procedures set forth below, a building that the City's Code Official determines (1) violates the minimum standards; and (2) is unoccupied or is occupied only by persons who do not have a right of possession to the building (State law reference — LGC 214.0011.): 50636240.4 18 (i) Before the 11th day after the date the building is secured, the City shall give notice to the owner by: (a) personally serving the owner with written notice; (b) depositing the notice in the United States mail addressed to the owner at the owner's post office address; (c) publishing the notice at least twice within a 10 -day period in a newspaper of general circulation in the county in which the building is located if personal service cannot be obtained and the owner's post office address is unknown; or (d) posting the notice on or near the front door of the building if personal service cannot be obtained and the owner's post office address is unknown. (ii) The notice must contain: (a) an identification, which is not required to be a legal description, of the building and the property on which it is located; (b) a description of the violation of the municipal standards that is present at the building; (c) a statement that the City will secure or has secured, as the case may be, the building; and (d) an explanation of the owner's entitlement to request a hearing before the City's Board of Adjustment about any matter relating to the City's securing of the building. (iii) The City's Board of Adjustment shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the City's securing of the building if, within 30 days after the date the City secures the building, the owner files with the City a written request for the hearing before the City's Board of Adjustment. The City's Board of Adjustment shall conduct the hearing within 20 days after the date the request is filed. (iv) The City has the same authority to assess expenses under this Section 54- 20(d)(20) as it has to assess expenses under Section 54- 20(d)(16). A lien is created under this section in the same manner that a lien is created under Section 54- 20(d)(16) and is subject to the same conditions as a lien created under that section. 50636240.4 19 Section 54 -21. General Responsibilities. a) Scope — The provisions of this Article V shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment, and exterior property. b) ResponsibilitX — The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this Article V. A person shall not occupy as owner - occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this Article V. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. C) Maintenance — All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health and safety. Section 54 -22. Exterior Property Areas; Nuisance Upon Premises. a) No person owning, leasing, occupying or having charge of any premises shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such premises in a manner causing diminution in the value of the other property in the neighborhood in which such premises are located. b) It shall be unlawful for any person to permit or allow the keeping or the depositing on, or the scattering over the premises of any of the following: 1) Lumber, junk, trash, debris, brush, garbage or animal, vegetable or mineral matter and/or any composition of residue thereof with the exception of Composting done in accordance with this Chapter; 2) Abandoned, discarded or unused objects or equipment such as furniture, stoves, refrigerators, freezers or other appliances and including empty and discarded cans or containers, inoperable motor vehicles, car parts, tires and structurally unsound fences. 3) Any sign, notice, pole, post, and any other obstruction placed or painted upon any sidewalk, street or in any public right -of -way within the corporate limits of the City. 4) Excessive growth of weeds or other vegetation that exceeds eight inches (8 ") in height or is allowed to remain upon premises so as to become a breeding place for flies, or insects or become offensive so as to emit foul or noxious odors; excluding trees, fruits, vegetables, farm crops, bushes, garden beds, flowers or other ornamental plants and Composting done in accordance with this Chapter. 50636240.4 20 5) The accumulation of stagnant water permitted to remain thereon. Watering beyond an individual's property, or in a manner or amount which encroaches on a neighbor's property resulting in standing or stagnant water is prohibited. 6) Inadequate or unsanitary sewage or plumbing facilities, contrary to public health, safety or welfare. 7) It shall be unlawful and declared a nuisance for any person to dump, or permit to be dumped, upon or along any drain, gutter, alley, easement, sidewalk, street, right -of -way or vacant lot into or adjacent to water or any other public or private property within the corporate limits of the City, any unwholesome water, refuse, rubbish, trash, debris, weeds, brush, tree cuttings, junk, garbage, impure or unwholesome matter of any kind or other objectionable or unsightly matter of whatever kind. C) In other areas of the City, that portion of any lot or parcel of land within fifty feet (50') of any open street or road or which is within seventy -five feet (75') of any building shall be kept completely free and clear of excessive growth of weeds and vegetation that exceed eight inches (8 ") in height. Abandoned and discarded equipment and rubbish and stagnant water are also prohibited. d) It shall be unlawful for any person owning, leasing, occupying or having charge of any premises to permit the overhanging or protrusions of trees, brush and shrubs over streets, sidewalk, alleys and easements. 1) Minimum clearance from street surface shall be fifteen feet (15'). 2) Minimum clearance in easements and alleys shall be fifteen feet (15') in height from entire width of easement. 3) Minimum clearance over sidewalks shall be eight feet (8') e) All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. f) All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes, which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re- infestation. g) All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. h) No person shall willingly or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing 50636240.4 21 thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. i) Composting — Nothing in this Chapter shall prohibit the composting of organic waste or land application of composted organic waste. All compost piles shall be maintained using the following approved composting standards: (1) All compost piles shall be maintained so as to prevent the harborage of rodents and pests. The presence of rodents in or near a compost pile shall cause the City to issue a complaint. (2) All compost piles shall be maintained so as to prevent unpleasant, rotten egg -like, putrefactive, sweet, sour or pungent odors. (3) No compost pile shall be located less than three (3) feet from the rear or side property line or within twenty (20) feet of any home, patio, pool or similar structure on the adjacent property. (4) Compost piles shall not be located in the front or side yard; alleyways or easements. (5) Compost piles shall contain no more than a total of five (5) cubic yards of end product on -site at any one time. Anyone requesting an increase in size limitations must submit a request (in writing) to the Code Official and demonstrate that the acreage is sufficiently sized and properly situated to handle the increase. (6) No compost pile shall be located where it will impede the natural free flow of storm water drainage. (7) Any vegetables, fruits, egg shells, fruit peels, rinds and hair must be composted in such a way that these materials are buried in the center of the pile at all times and so that none of these materials are exposed or visible. (8) Compost piles established in accordance with this Chapter shall be for private use only. There shall not be commercial provision of material to be composted or commercial use of the product of such composting. (9) Every owner or operator shall be responsible for maintaining all property under his /her control in accordance with these requirements. (10) Compost piles may contain the following permitted ingredients: • Yard waste, including leaves, sod and grass clippings; • Untreated wood, wood chips and sawdust; • Paper and straw; 50636240.4 22 • Empty egg shells; • Coffee grounds and tea leaves; • Vegetables, fruits and their remains (peels and rinds); • Dryer lint and hair; • Aquatic weeds; • Evergreen needles; • Organic garden waste; and • Commercial compost additives. No compost pile shall contain any of the following: • Animal carcasses, fish, fowl, meat or other animal products; • Manure or animal feces of any kind; • Used litter box remains; • Milk, cheese, sour cream or other dairy products; • Lard, oils, or oil -based foods; • Mayonnaise or salad dressing; • Peanut butter; • Whole grains (rice, wheat, barley, etc.); • Items not normally composted; • Plants that are diseased; and • Items not biodegradable. Section 54 -23. Reserved. Section 54- 24.Parkin2 Prohibited on Front and Side Yards. a) It shall be unlawful for a person to park or allow to remain parked a motor vehicle, construction vehicle, boat, personal water craft or trailer of any kind (except those defined in subparagraph b) at any time in the side or front yard in any single - family residential zoned district, unless parked on a well maintained parking area extending from the curb, street or alley and constructed of concrete or asphalt; and b) When recreational vehicles allowed. It shall be unlawful to place, park, or maintain any recreation vehicle, as defined herein, on any public street in the City for a period in excess of seventy -two (72) hours. Recreational vehicles shall be allowed on a lot, tract or parcel of land in the City under the following conditions: (1) Front and side yards. A recreational vehicle may be parked in the driveway in front or side yard building line provided that the vehicle must be parked on the property; i.e., it may not overhang the property line or sidewalk. (2) Behind the front or exterior side yard building line. A recreational vehicle may be parked behind the front exterior side yard building line provided, 50636240.4 23 however, that it may not be parked in an interior side yard within five (5) feet of any main building. C) Occupancy prohibited. Recreational vehicles shall not be temporarily or permanently occupied as a habitation while in the City and shall not be connected to public or private utilities except when located in an approved recreational or mobile home park. d) For purposes of section 54.24, "recreational vehicle" means a bus conversion, Class "A" camper, Class "C" camper, travel trailer, fifth wheel trailer, or pop -up camper. Section 54 -25 — 54 -27. Reserved. Section 54 -28. Rubbish and Garbage. a) Large Appliances — Storing large appliances (including freezers, refrigerators, stoves, dishwashers, clothes washers, clothes dryers, and other similar appliances) and similar equipment not in operation on the exterior areas of the property is prohibited. The only exceptions shall be if the doors or any self - latching devices are removed and the equipment is going to be discarded during the City fall and spring cleanup or immediately taken to an approved dumpsite. b) Time of Disposal — No trash or garbage containers will be placed on the curb line earlier than twenty -four (24) hours prior to the time of the collection or left no later than twenty -four (24) hours after the time of collection. c) Dumpsters — It shall be unlawful to dispose of garbage, junk, rubbish, or other trash in any dumpster for which the person disposing of such items does not have the lawful right or permission to use. Section 54 -29. Texas Litter Abatement Act Adopted. To prevent illegal dumping within the City, and to eliminate and abate the health and safety hazards associated with and attributable to such illegal dumping, the City of Schertz hereby adopts Chapter 365, the Texas Litter Abatement Act, of the Texas Health and Safety Code, as amended from time to time, in its entirety herein, and it shall serve as the City's ordinance for illegal dumping. Section 54 -30. Extermination. a) Infestation — All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re- infestation. 50636240.4 24 Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination. b) Owner — The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. C) Single Occupancy Structures — The occupant of a one - family dwelling or of a single tenant nonresidential structure shall be responsible for extermination on the premises. d) Multiple Occupancy Structures — The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination. e) Occupant — The occupant of any structure shall be responsible for the continued rodent and pest -free condition of the structure. Section 54 -31— 54 -33. Reserved. ARTICLE VI. JUNK VEHICLES. Section 54 -34 — Enforcement Person authorized under this Chapter to administer the procedures set forth in this Chapter may enter public or private property for the purposes specified in this Chapter to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle and remove or cause the removal of a nuisance vehicle or vehicle part. Section 54 -35 — Penalties. (a) Any person, who maintains, allows causes or permits a nuisance vehicle on public or private property commits a misdemeanor and upon conviction shall be subject to a fine not to exceed $200.00. Each day a violation continues constitutes a separate offense. (b) Upon conviction, the court may order the removal and abatement of the nuisance vehicle. Section 54 -36 — Junk vehicles declared public nuisance. A junked vehicle that is located in a place where it is visible from a public place or public right - of -way is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards and constitutes an attractive nuisance 50636240.4 25 creating a hazard to the health and safety of minors and is detrimental to the economic welfare of the City by producing urban blight adverse to the maintenance and continuing development of the City and is a public nuisance. Section 54 -37 — Junk vehicles prohibited on public property. (a) It is unlawful for a person to cause or permit a junked vehicle or a part of a junked vehicle to be placed or to remain on any public property or public right -of -way. (b) A vehicle that remains in violation of this section for a period of more than 48 hours constitutes an abandoned motor vehicle and may be dealt with under processes defined by state law for removal of abandoned motor vehicles. Section 54 -38 — Junk vehicles prohibited on private property. (a) It is unlawful for a person that owns or controls any real property to maintain, allow, cause or permit a junk vehicle to be placed or to remain on the property. (b) It is unlawful for a person to maintain, allow, cause or permit a junk vehicle to be placed or to remain on real property without the permission of the owner of the property. Section 54 -39 — Defenses to prosecution. (a) The following are defenses to prosecution under section 54 -38. 1) The vehicle or vehicle part is completely enclosed within a building and is not visible from the street or other private or public property; 2) The vehicle or vehicle part is stored or parked on private property in connection with the business of a licensed vehicle dealer or junkyard; 3) The vehicle is an unlicensed, operable or inoperable antique or special interest vehicle stored by a collector on the collector's property, if the vehicle and outdoor storage area are maintained in a manner so that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, trees, shrubbery or other appropriate means; or 4) The vehicle is in an appropriate storage facility maintained by the City or approved by the City. (b) This section does not allow a person to leave a junk vehicle on private property without the permission of the owner of the property. Section 54 -40 — Conflicts of law. The authority to take possession of junk vehicles and the procedures relating thereto as adopted under this Chapter are to be construed in a manner consistent with the laws of the State 50636240.4 26 of Texas. If the provisions or procedures adopted by the City should conflict with the laws of the State of Texas, the laws of the State of Texas shall control. Section 54 -41— Notice to abate funk vehicle. (a) For junk vehicles on private property as described in section 54 -38, the City Marshal, or his or her designee, will give written notice by (i) personal delivery; (ii) certified mail, five -day return requested; or (iii) United States Postal Service with signature confirmation service, to the last known registered owner of the vehicle, any lienholder of record and the owner or occupant of the property on which the vehicle is located. If the post office address of the owner is unknown, the notice may be placed on the vehicle or hand delivered to the owner. (b) The notice must state: 1) The existence and nature of the nuisance; 2) That the nuisance must be abated within ten days after the notice was personally delivered or mailed; 3) That a request for a public hearing must be made within the ten -day period or it will be automatically waived; and 4) That if the nuisance is not removed and a hearing is not requested within the ten -day period, the City will remove or cause the removal of the junk vehicle. (c) If any notice is returned undelivered, official action to abate the junk vehicle shall be continued to a date not less than the 11th day after the date of return. (d) For junk vehicles on public property as described in section 54 -37 which are not dealt with as abandoned motor vehicles, written notice shall be given as described in subsection (a) of this section, except that notice must be mailed to the occupant of the public premises and to the owner or occupant of the premises adjacent to the public right -of -way. Section 54 -42 — Public hearing in municipal court. (a) Upon the timely request for a hearing of any person to whom a notice was given regarding a junk vehicle, a public hearing will be held before a municipal court judge. Notice of the time, date and location of the hearing will be provided to each person who submitted a timely request for a hearing. (b) The issue at the hearing is whether the vehicle is a junk vehicle. (c) At the hearing, unless proved otherwise by the owner, the vehicle is presumed to be inoperable. 50636240.4 27 (d) If the judge finds the vehicle to be a junk vehicle, the judge will order the vehicle to be removed. (e) Any order requiring the removal of a junk vehicle or vehicle part must include a description of the vehicle and the vehicle identification number and license number, if the information is available at the site. (State law reference — Transportation Code 683.076). Section 54 -43 — Removal of iunk vehicle The City may remove a junk vehicle at any time following a public hearing and order of the judge or following the waiver of a hearing. Section 54 -44 — Disposal of iunk vehicle A junk vehicle or vehicle part will be disposed of by the City by removal to a scrap yard, demolisher or any suitable site for processing as scrap or salvage, and any reconstruction or work to make the vehicle operable after being removed is prohibited. Section 54 -45 — Notice to state. The City Marshal will give notice to the Texas Department of Transportation of the removal of a nuisance vehicle not later than five days after its removal. The notice will identify the vehicle or vehicle part. (State law reference — Transportation Code 683.074) 50636240.4 28 SECTION 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. SECTION 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED AND APPROVED on first reading the 17th day of December, 2013. PASSED AND FINALLY APPROVED on second and final reading the 7th day of January, 2014. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary [CITY SEAL] 50636240.4 29 ORDINANCE NO. 13 -M -52 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, CHAPTER 50, MISCELLANEOUS OFFENSES AND PROVISIONS BY (1) REPEALING ARTICLE II, INSANITARY, UNSIGHTLY, ETC., CONDITIONS ON PRIVATE PREMISES, (2) REPEALING SECTIONS 50 -107, 50 -108, 50 -109, AND 50 -110 OF ARTICLE III, ABANDONED, JUNKED PROPERTY AND PROPERTY FOUND IN VIOLATION OF ORDINANCE, DIVISION 2, MOTOR VEHICLES, AND (3) AMENDING SECTIONS 50 -105 AND 50 -111 OF ARTICLE III, ABANDONED, JUNKED PROPERTY AND PROPERTY FOUND IN VIOLATION OF ORDINANCE, DIVISION 2, MOTOR VEHICLES; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the provisions in the Code of Ordinances of the City of Schertz (the "City "), Chapter 50, Miscellaneous Offenses and Provisions, Article II, Insanitary, Unsightly, Etc., Conditions on Private Premises (the "Miscellaneous Nuisance Ordinances ") are duplicative of ordinances contained in the City's Code of Ordinances, Chapter 54, Nuisances (the "Nuisance Ordinances "); and WHEREAS, in order to avoid confusion and to facilitate the orderly administration of the City's code enforcement and police activities, the City desires to repeal the Miscellaneous Nuisance Ordinances; and WHEREAS, portions of the provisions in the City's Code of Ordinances, Chapter 50, Miscellaneous Offenses and Provisions, Article III, Abandoned, Junked Property and Property Found in Violation of Ordinance, Division 2, Motor Vehicles (the "Miscellaneous Motor Vehicles Ordinances ") are duplicative of ordinances contained in the Nuisance Ordinances; and WHEREAS, in order to avoid confusion and to facilitate the orderly administration of the City's code enforcement and police activities, the City desires to repeal and amend portions of the Miscellaneous Motor Vehicles Ordinances as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The Miscellaneous Nuisance Ordinances are hereby repealed. Section 2. The following sections of the Miscellaneous Motor Vehicles Ordinances are hereby repealed: Sections 50 -107, 50 -108, 50 -109, 50 -110. Section 3. The definitions of Antique vehicle, Collector, Junked vehicle, and Special interest vehicle are hereby deleted from Section 50 -105 of the Miscellaneous Motor Vehicles Ordinances. Section 4. Section 50 -111 of the Miscellaneous Motor Vehicles Ordinances is hereby deleted in its entirety and replaced with the following: "Sec. 50 -111. Conflict of law. The authority to take possession of abandoned vehicles and procedures therefor, as adopted by the City of Schertz, are to be construed in a manner consistent with law of the State of Texas. If the provisions or procedures adopted by the City of Schertz should conflict with the law of the State of Texas at any time, Texas State law shall prevail." Section 5. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 6. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 7. 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. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 9. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 10. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. 50686424.1 - 2 - PASSED ON FIRST READING, the 17th day of December, 2013. PASSED, APPROVED and ADOPTED ON SECOND READING, the 7th day of January, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50686424.1 - 3 - ORDINANCE NO. 13 -D -53 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BY ADDING SECTION 86 -18, NO OBSTRUCTIONS IN STREET, TO CHAPTER 86, TRAFFIC AND MOTOR VEHICLES, ARTICLE I, IN GENERAL; PROVIDING A PENALTY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Schertz, Texas (the "City ") has determined that obstructions in streets can be dangerous and that preventing such obstructions promotes public safety; and WHEREAS, the City Council desires to enact a provision in the City's Code of Ordinances to further enable the City's peace officers to enforce a restriction on obstructions being placed in the City's streets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. Section 86 -18, Obstructions in street, is hereby added to Chapter 86, Traffic and Motor Vehicles, Article I, In General, and shall read as follows: "Sec. 86 -18. No obstructions in street. (a) Prohibition. No person shall place any unsafe obstruction upon any street. (b) Penalty. (1) The violation by a person of this subsection shall be a Class C misdemeanor, and, upon conviction, the violator shall be fined an amount not exceeding $200.00 per offense. (2) The purpose of this section is to promote safety and to discourage the placement of unsafe obstructions in streets. The courts may consider deferred dispositions under the Texas Code of Criminal Procedure, as it currently exists or may be amended, whenever the circumstances warrant deferred dispositions." Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 17th day of December, 2013. PASSED, APPROVED and ADOPTED ON SECOND READING, the 7th day of January, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50686467.3 - 2 - Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: January 7, 2014 Department: Public Works Subject: Resolution No. 14 -R -04 — A Resolution by the City Council of the City of Schertz, Texas authorizing one (1) Sanitary Sewer Easement and one (1) Temporary Construction Easement Agreement with Marcantonio Enterprises, LLC for the use benefit, and control of the City of Schertz for the Town Creek Sewerline Extension Phase III Project on FM 482, and other matters in connection therewith BACKGROUND In 2007, the City of Schertz sold bonds for the Town Creek Sewerline Project to provide sewer service to areas northwest side of IH 35. Phases I and II are complete. Phase III design and easements acquisitions are in process. Staff has met with property owners regarding the granting of permanent and temporary construction easements for the project. Goal Approval of Resolution Number 14 -R -04 approving one (1) Sanitary Sewer Easement and one (1) Temporary Construction Easement Agreement with Marcantonio Enterprises, LLC for the completion of the Town Creek Sewerline Extension Phase III Project on FM 482. Community Benefit The new easement will extend the Town Creek Sewerline along FM 482 providing services to residents and business in the area. Summary of Recommended Action City staff recommends approval of Resolution Number 14 -R -04 granting one (1) Sanitary Sewer Easement and one (1) Temporary Construction Easement Agreement with Marcantonio Enterprises, LLC for the completion of the Town Creek Sewerline Extension Phase III Project on FM 482. FISCAL IMPACT No fiscal impact, the property owners have agreed to dedicate the easements for the extension of the sewerline. f .9 OW11510 1110117_r 111101 Approval of Resolution No. 14 -R -04 ATTACHMENT(S) Resolution No. 14 -R -04 Sanitary Sewer Easement and Temporary Construction Easement Agreement with exhibit RESOLUTION NO. 14 -R -04 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ONE (1) SANITARY SEWER EASEMENT AND ONE (1) TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH MARCANTONIO ENTERPRISES, LLC FOR THE USE, BENEFIT, AND CONTROL OF THE CITY OF SCHERTZ FOR THE TOWN CREEK SEWERLINE EXTENSION PHASE III PROJECT ON FM 482, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City execute and deliver one (1) permanent sanitary sewer easement and one (1) temporary construction easement (collectively the "Sanitary Sewer Easement and Temporary Construction Easement Agreement ") with Marcantonio Enterprises, LLC for the use, benefit, and control of the City; and WHEREAS, the City is constructing a sewerline extension on FM 482 and the easements are necessary to complete the project; and WHEREAS, the City Council has determined that it is in the best interest of the City to execute and deliver to the Grantee the Sanitary Sewer Easement and Temporary Construction Easement Agreement attached hereto as Exhibit A. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Sanitary Sewer Easement and Temporary Construction Easement Agreement in substantially the form set forth on Exhibit A, with such minor modifications that may be authorized by the City Manager, in consultation with the City Attorney, provided that no such modifications shall be contrary to, or inconsistent with, the Sanitary Sewer Easement and Temporary Construction Easement Agreement attached hereto. 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 th day of January, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50715774.2 EXHIBIT A SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 50715774.2 A -1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT TIME STATE OF 'TEXAS § § KINOW ALL PERSONS BY THESE PRESENTS: COUNTY OF COMAL § THAT MARCANTONIO ENTERPRISES, a Texas limited liability company, (the "Grantor "), for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration to the Grantor paid by the CITY OF SCHERTZ, a Texas municipal corporation (the "Grantee "), the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD, and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the Grantee, its successors and assigns, subject to the terms hereof, (1) a permanent exclusive easement and right -of -way upon, across, and beneath real property located in Comal County, Texas, as more particularly described in Exhibit A attached hereto and incorporated herein for all purposes (the "Permanent Easement "), and being a 0.205 -acre portion of that 6.8190 -acre tract of land of the Grantor more particularly described in that instrument recorded in Volume 895, Page 273 of the Official Public Records of Comal County, Texas (the "Premises "), and (2) a temporary non - exclusive construction easement and right -of -way upon and across a 0.305 -acre portion of the Premises, as more particularly described on Exhibit B attached hereto and incorporated herein for all purposes (the "Construction Easement ") (collectively, the "Easements "). The Permanent Easement is granted for the purpose of constructing, operating, maintaining, and repairing a sewer line (the "Sewer Line "). The Construction Easement is granted for the purpose of facilitating the construction of the Sewer Line. The Easements herein granted are subject to the following terms, agreements, reservations, conditions, covenants, limitations, and exceptions: (1) The Permanent Easement herein granted shall be located across a 16 -foot wide strip of land and shall be perpetual until the earlier to occur of (a) the permanent and affirmative abandonment of the use of the Permanent Easement by the Grantee, its successors or assigns, or (b) the execution and recordation in the Official Public Records of Comal County, Texas, of an instrument by which the Grantee, or its successors or assigns, as applicable, abandons and releases the Permanent Easement. (2) The Construction Easement herein granted shall be located across a 25 -foot wide strip of land adjacent and parallel to, and coextensive with, the Permanent Easement. The Construction Easement shall terminate upon the earlier to occur of (a) completion (as certified in writing by the Grantee to the Grantor) of the 50713898.2 Sewer Line construction, or (b) nine (9) months after commencement of construction, which commencement is hereby defined to mean the commencement of excavation work upon the Permanent Easement. In the event the Grantee should be delayed or hindered or prevented from completing construction and installation of the Sewer Line within the time frame provided above by reason of the acts and/or inaction of the Grantor, restrictive government laws or regulations, insurrection, war, acts of God, and inclement weather or other reasons of like nature not the fault of the Grantee or its agents and contractors, then the period for the performance of the completion of the construction and installation of the Sewer Line shall be excused for the period of the delay and shall be extended for a period equivalent to the period of such delay. The Grantee shall restore the Construction Easement area to as close to its original condition as reasonably practical. (3) Neither the Grantor nor any successor owner of the Premises shall disconnect, disturb, or otherwise interfere with the continued use of the Sewer Line, nor shall any such persons erect or permit the erection of any buildings, slabs, structures, or other improvement within the boundaries of the Permanent Easement, or which would otherwise interfere with the Sewer Line's continued use and maintenance. With respect to any buildings, slabs, structures, or other improvements encroaching on the Permanent Easement as of the date of this Agreement, the Grantee shall have the right to remove such building, slab, structure, or improvement to allow for the construction, operation, maintenance, or repair of the Sewer Line. The Grantee shall, however, take reasonable precautions to preserve any mature trees existing within either the Permanent Easement or the Construction Easement. To the extent that construction of the Sewer Line results in the removal of brush from the Easements, the Grantee shall arrange for the disposal of the brush at the Grantee's sole cost and expense. (4) The Easements herein granted shall run with the land and be binding upon and inure to the benefit of the Grantor and the Grantee, and their respective successors, assigns, and legal representatives, and shall be binding upon all parties having or acquiring any right, title or interest in the Premises or any portion thereof. (5) Should it become necessary at any time subsequent to completion to the construction of the Sewer Line for the Grantee to enter the Grantor's Premises for the purpose of maintaining, repairing, operation, or altering the Sewer Line in any way, the Grantee shall, after each entry upon the Premises, leave the Premises substantially in the same condition that it was in prior to such entry to the full extent reasonably practicable. If any repair or replacement activities become necessary as a result of the acts, omissions, or negligence of the owner or owners of the Premises or any of their tenants, or any of such persons' respective agents, employees, licensees, or invitees, then such owner or owners shall be responsible for promptly performing, at their sole cost and expenses, all necessary repairs, and, if they fail to do so, the Grantee (or its successors or assigns, as applicable) 50713898.2 - 2 - shall be entitled to do so and to recover all reasonable costs therefore from the owner or owners (jointly and severally) of the Premises. (6) The Easements are further made subject to all validly existing easements, rights - of -way, conditions, restrictions, covenants, or outstanding mineral or royalty interests or reservations, of record, if any, in Comal County, Texas as of the date hereof. (7) The Grantee may exercise its rights hereunder directly by its employees or by its contractors or any duly authorized agent. TO HAVE AND TO HOLD said Easements together with all and singular the rights and appurtenances thereto anywise belonging unto the Grantee, its successors and assigns; and the Grantor does hereby bind itself, its successors and assigns, to specifically warrant and forever defend the Easements unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under the Grantor, buy not otherwise, subject, however, to the matters set forth herein. Executed to be effective as of , 201 (the "Effective Date ") [ signatures and acknowledgements on the following pages J 50713898.2 -3 - This instrument has been executed as of the dates of the acknowledgments to be effective as of the Effective Date. GRANTOR: MARCANTONIO ENTERPRISES, LLC, a Texas limited liability company By: �. Name: Ralph Marcanto io Title: President THE STATE OF S § COUNTY OF § This instrument was acknowledged before me on theday of 2015 by Ralph Marcantonio, as President of Marcantonio Enterprises, LLC, a Texas limited liability company, on behalf of such limited liability company. (SEAL) ��aaa�,aa�aa�a��a��,aaaaaa�aa CYNTHIA ANNE RALEIGH y Notary Public y State of Texas Comm. Exp. 02 -11 -2015 y Y rd 1z CZ V, Cd V S6 (G C4 r4 r" C4 4;& rz rd4;GrCY.� ". J, R�Qs'— Notary Public m nd for The State o My Commission Expires:' 11 —'w15 50713898.2 - 4 - GRANTEE: CITY OF SCHERTZ John C. Kessel City Manager, City of Schertz THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the day of , 201_ by John C. Kessel, as City Manager of the City of Schertz, on behalf of such City. (SEAL) Notary Public in and for The State of Texas My Commission Expires: AFTER RECORDING RETURN TO: Katherine A. Tapley Norton Rose Fulbright 300 Convent Street, Suite 2100 San Antonio, Texas 78205 50713898.2 -5 - EXHIBIT A Permanent Easement IEG£ND them si-d rd .w 4RpPq ee f—d i. the ft -*w. K� OCRA &( •SETPWS ARE 112• REBAR wmr A rraDW PrASW W ok" S6q.4$ STAMPED 140D EAY. hYC.• BEAAMCS ARE BASED 04 TAUT ORW, 4 MW STATE Nne� zr x�o ei i N 69 0,5 r t1 1 �N t' g' +� LLOYD GirR 70.Dr ACRES C4ACLKATED ',r jFj\ 1 vmoAE 905, PC. 2)3 'D {�'i o 1 AFRGAW OF hChTSW OPR LINE BEARING DISTANCE Ll S 17'53 31 E 16.04 L7. N 20'56'16' W 15.72' L3 S 69 01 16' W 15.70' L4 N 20'56'34' W 10.14 n EC TOR h Lii r- • X- Mw TRUST r 10 W ACRES lxx .9 0514? N N W i `. MOW AWCAAMM \ J6V! \ \\ 6.ei9 MRCS in OOC Au 200dOd03]025 \\ OPP \ l 1 1 1 � _ i 1 1 , 1 1 SCALE! l' =100• 1 1 it i i r � r r STATE OF TOM t1 ++ r COUNTY OF COAIAL + THIS SURVEY SUBSTANTIALLY CONPUES tt r�• / N1TH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SUITMORS STANDARDS MY Slli'EHViS10N. FLAT SHOWING fj Tr. - 11.54x.8 So.FT- J S 3TARY SEWER EASEMt MT R.P.L5. NO, 6673 qE CF SITUATED INT73L':RAFAEL.GARLA DATE: 11/04/2013 AP: •�ST� SURVEY NO.48, ABSTRACT NO. 175 AND PROJECT NO.:1124.91 yi�6 AE DRAWN BY: EL BEING A PORTION OF THAT CERTAIN 6.819 -- ACRE TRACT OF LAND CONVEYED TO .. FORT) F..NCIMPERNO NC. REX L 1vc�TT MUM I NMCANYONIO RECORDED IN DOCTJMFNT NO.200606032023 OF THE EvaeEE r s nl•r N3 r. =.fla u� glh OFFICIAL PU13LIC RECORDS OF COMAL +mz =v} +antsl lnl.r vunreen.musrin•,�s,;.sn.m �• . �SSt ' COUNTY, TEXAS. FILE W.:I 124.260304JdARCANTONIO PERM.OWG „ 50713593.2 A -1 i FORD INC. Date: December 19, 2013 Page I of 2 Project No: 1124.260304 Variable Width Sanitary Sewer Easewent A 0,265 acre (11,540.8 sq. ft.) variable width sanitary sewer easement situated in the Rafacl t3ami Survey No. 98, Abstract No. 175 and being a portion of that certain 6.819 acre tract of land conveyed to Ralph Marcantonio recorded in Document No. 200606032025 of the Official Public Records of Comal County, Texas and being more particularly described as follows: BEGUq INC: at a 'h inch iron rod found on the Southeastern line of Union Pacific Railroad right of way line for the Northwestern corner of the said 6.819 acre tract, the Northeastern corner of that certain 10.01 acre tract conveyed to Lloyd D. Geier in an Affidavit of Heirship recorded in Volume 805, Page 273 of the Official Public Records of Comal County, Texas, for the Northwestern comer of this easement; THENCE: N 69 °03'24" E - 560.28 feet along the Southern line of the said Union Pacific Railroad R,OX line, the Northern line of the said 6.819 acre tract to a'h inch iron rod with cap marked "3408" found for the Northeastern corner of the said 6.819 acre tract, a corner of that certain 110 acre tract, more or less, conveyed to The Ector N. _ - -Asler and Allene Crisler Revocable Living Trust in a Special Warranty Deed recorded in Document No. 9606015140 of the Official Public Records of Comal County, Texas, for the Northeastern corner of this easement; THENCE: S 17 °02'31" E -16.04 feet along the Eastern line of the aid 6.819 acre tract, a NW-stem line of the said 110 acre tract to a point for the Southeastern comer of this c- asement, from which a !j inch iron rod found on the Northwestern line of Farm Market Road No. 482, for the Southcastem comer of the said 6.819 acre tract, the Southwestern corner of the said 110 acre tract bears S 17 °02'31" E - 477.08 feet; THENCE: S 68101'05" W - 543.57 feet across the said 6.819 acre tract to a point on the Eastem line of a 16 foot sanitary sewer easement conveyed to the City of Schertz in Document No, 200906024597 of the Official Public Records of Comal County, Texas, for a corner of this easement; TONCE: N 20 158'16" W — 15.72 feet along the Eastern line of the said City of Schertz 16 foot sanitary sewer easement to a point for the Northeastern earner of the said 16 foot sanitary sewer easement, for a corner of this easement; 50713898.2 A -2 FORD ENGINEERING, Iii C& Page 2 of 2 THE 5 69'01'16" W — 15.70 feet to a point for the Northwestern corner of the said City of Schertz 16 foot sanitary sewer easement on the Western line of the said 6.819 acre tract, the Eastern line of the said 10.01 acre tract, for a corner of this easement, from which a YZ inch iron rod found on the Northwestern line of said Farm Market Road No. 482 for the Southwestern corner of the said 6.819 acre tract bears S 20 °56 "34" E — 605.59 feet; THFNCE: N 20 °5634" W -- 10.14 feet along the Western line of the said 6.819 acre tract, the Fast= line: of the said 10.01 acre tract to the POINT OF 13EG1NN1NG and containing 0.265 acres (11,540.6 sq. ti_.) of land; according to a murvey made render my s pervisiun; 50713898.2 A -3 LEGEND These standard symbols wfll be found In the drawing. O LR.F, 112' IRON ROD FOUND OI.R.S ALL SEr PINS AR£ 112' RE94R WRH A YELLOW PLAS77C CAP STAMPED 'FORD ENC. INC.' BEARINGS ARE BASED ON LAMBERT GRID, TEXAS STATE PLANE COORDIN47M SOUTH CENTRAL ZONE NAD BJ 193. \\ \ esm m \ o l LLOYD GEIER 10\ \ m\ v \ 10.01 ACRES GtLCULAIED $\ \ VOLUME 805, PC. 273 AFFIDAVIT OF HORSHIP \\ a OPR o \. R rstaes EXHIBIT B Construction Easement Pc \F \G RpJ\ -R�p,O / 6p f—Nsj • !;;'r N - - -P co - ---, W 68 p0 PLAT SHOWING 0.297 Acres Tr. — 12,933.7 SQ.FT. 25' TEMP. CONSTRUCTION EASEMENT SITUATED IN THE RAFAEL GARZA SURVEY NO. 98, ABSTRACT NO. 175 AND BEING A PORTION OF THAT CERTAIN 6,819 ACRE, TRACT OF LAND CONVEYED TO RALPH MARCANTONIO RECORDED IN DOCUMENT NO. 200606032025 OF THE OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS 1r 5 5�6 a P p8 i fir, Ems' • far. EsA1 t• LINE BEARING DISTANCE Li S 17'03'31 " E 16.04' L5 S 17.03'31" E 25.06' L6 N 20'58'16" W 25.00' RALPH M4RCAN70NIO 6.819 ACRES DOC NO. 200606OJ2025 OPR 7HE ECTOR N CRISLER AND ALLENE CRISLER REVOCABLE LMNG 7RUST 110.00 ACRES DOC NO. 9606015140 OPR ,ry N. t^ U� �O N• ( I I I I I I I I I I I I I I I I 1 � •1 I I I I / � l SCALE: 1"-- 100' I 1 / / l 1 •/ • j / I I / I / ! 1 •j I I >sa°°orir.+er / r / 1 �\ ' •� STATE OF TEXAS \ J / COUNTY OF COMAL \\ • •/ THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF •/ / PROFESSIONAL S S STANDARDS MY R.P.LS NO. 6573 DATE: 11/04/2013 PROJECT NO., 1124.91 CP.• �S 1 F yiyG Rti•, DRAWN BY: EL FORD ENGINEERING INC. � �T Rex �' wacia rr .: = .A,..�..3., ENGIN_ERMG PLAMINO , DEVELOPMENT OF fSS \�C`•: •S 10327Y/ YEDRNE, SURE163 ,SANANTOt7,O.TEXM78217.(210)Si TP ••' FILE No.:1124.260304_MARCANTONIO PERM.DWG 50713898.2 B -1 �" FOLD ENGINEERING, INC Date: December 19, 2013 Page 1 of 2 Project No: 1124.260304 25 foot Temp. Construction Easement A 0.297 acre (12,933.7 sq. ft.) Temp. Construction Easement situated in the Rafael Garza Survey No. 98, Abstract No. 175 and being a portion of that certain 6.819 acre tract of land conveyed to Ralph Marcantonio recorded in Document No. 200606032025 of the Official Public Records of Comal County, Texas and being more particularly described as follows: BEGINNING: at a point on the Eastern line of the said 6.819 acre tract, a Western line of that certain 110 acre tract, more or less, conveyed to The Ector N. Crisler and Allene Crisler Revocable Living Trust in a Special Warranty Deed recorded in Document No. 9606015140 of the Official Public Records of Comal County, Texas, for the Southeastern comer of a variable width sanitary sewer easement, this day described, for the Northeastern corner of this easement, from which a %z inch iron rod with cap marked "3408" found on the Southern line of Union Pacific Railroad right of way, for the Northeastern comer of the said 6.819 acre tract, a comer of the said 110 acre tract bears N 17 °03'31" W —16.04 feet; THENCE: S 17 °03'31" E — 25.06 feet along the Eastern line of the said 6.819 acre tract, a Western line of the said 110 acre tract to a point for the Southeastern comer of this easement, from which a '/2 inch iron rod found on the Northwestern line of Farm Market Road No. 482 for the Southeastern comer of the said 6.819 acre tract, the Southwestern corner of the said 110 acre tract bears S 17 °03'31" E — 452.02 feet; THENCE: S 68 100'51" W — 516.85 feet across the said 6.819 acre tract to a point on the Eastern line of a 25 foot construction easement conveyed to the City of Schertz in Document No. 200906024597 of the Official Public Records of Comal County, Texas, for the Southwestern comer of this easement; THENCE: N 20'58'16" W — 25.00 feet along the Eastern line of the said 25 foot construction easement to a point on the Southern line of a variable width sanitary sewer easement, this day described, for the Northwestern comer of this easement; THENCE: N 68 °01'05" E — 543.57 feet along the Southern line of the said variable width sanitary sewer, this day described to the POINT OF BEGINNING and containing 0.297 acres (12,933.7 sq. ft.) of land; according to a survey made under my supervision; 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940 1- 800 - 332 -3109 Web Site: www.fordengineering.com TBPE No. F -1162 50713898.2 B -2 L F ®AD ENr-wINEERIN 9 INC. I Page 2 of 2 Bearings are oriented to Lambert Grid, Texas South Central Zone, NAD 83. Corresponding plat prepared. 1124260304 Marcantonio Const. Fsmt. G%S Ey p f 'Y�?�� Rex L. Hackett .............. :.. KETT Registered Professional Land Surveyor 5573 License Number 5573 �qNO suRV °Q 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940 1- 800 - 332 -3109 Web Site: www.fordengineering.com TBPE No. F -1162 50713898.2 B -3 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: January 7, 2014 Department: Public Works Subject: Resolution No. 14 -R -05 — A Resolution by the City Council of the City of Schertz, Texas authorizing one (1) Sanitary Sewer Easement and one (1) Temporary Construction Easement Agreement with Ector N. Crisler and Allene Crisler Revocable Trust for the use, benefit, and control of the City of Schertz for the Town Creek Sewerline Extension Phase III Project on FM 482, and other matters in connection therewith BACKGROUND In 2007 the City of Schertz sold bonds for the Town Creek Sewerline Project to provide sewer service to areas northwest side of IH 35. Phases I and II are complete. Phase III design and easements acquisitions are in process. Staff has met with property owners regarding the granting of permanent and temporary construction easements for the project. Goal Approval of Resolution Number 14 -R -05 approving one (1) Sanitary Sewer Easement and one (1) Temporary Construction Easement Agreement with Ector N. Crisler and Allene Crisler Revocable Trust for the completion of the Town Creek Sewerline Extension Phase III Project on FM 482. Community Benefit The new easement will extend the Town Creek Sewerline along FM 482 providing services to residents and business in the area. Summary of Recommended Action City staff recommends approval of Resolution Number 14 -R -05 granting one (1) Sanitary Sewer Easement and one (1) Temporary Construction Easement Agreement with Ector N. Crisler and Allene Crisler Revocable Trust for the completion of the Town Creek Sewerline Extension Phase III Project on FM 482. FISCAL IMPACT $6,523 for the acquisition of the permanent easement and temporary construction easement. To be paid for from the Town Creek Bond Funds. RECOMMENDATION Approval of Resolution No. 14 -R -05 ATTACHMENT(S) Resolution No. 14 -R -05 Sanitary Sewer Easement and Temporary Construction Easement Agreement with exhibit RESOLUTION NO. 14 -R -05 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ONE (1) SANITARY SEWER EASEMENT AND ONE (1) TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH ECTOR N. CRISLER AND ALLENE CRISLER REVOCABLE LIVING TRUST FOR THE USE, BENEFIT, AND CONTROL OF THE CITY OF SCHERTZ FOR THE TOWN CREEK SEWERLINE EXTENSION PHASE III PROJECT ON FM 482, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City execute and deliver one (1) permanent sanitary sewer easement and one (1) temporary construction easement (collectively the "Sanitary Sewer Easement and Temporary Construction Easement Agreement ") with the Ector N. Crisler and Allene Crisler Revocable Living Trust for the use, benefit, and control of the City; and WHEREAS, the City is constructing a sewerline extension on FM 482 and the easements are necessary to complete the project; and WHEREAS, the City Council has determined that it is in the best interest of the City to execute and deliver to the Grantee the Sanitary Sewer Easement and Temporary Construction Easement Agreement attached hereto as Exhibit A. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Sanitary Sewer Easement and Temporary Construction Easement Agreement in substantially the form set forth on Exhibit A, with such minor modifications that may be authorized by the City Manager, in consultation with the City Attorney, provided that no such modifications shall be contrary to, or inconsistent with, the Sanitary Sewer Easement and Temporary Construction Easement Agreement attached hereto. 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 7th day of January, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50715776.2 EXHIBIT A SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 50715776.2 A -1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNT' OF COMAL § THAT the ECTOR N. CRISLER AND ALLENE CRISLER REVOCABLE LIVING TRUST (the "Grantor "), for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration to the Grantor paid by the CITY OF SCHERTZ, a Texas municipal corporation (the "Grantee "), the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD, and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the Grantee, its successors and assigns, subject to the terms hereof, (1) a permanent exclusive easement and right -of -way upon, across, and beneath real property located in Comal County, Texas, as more particularly described in Exhibit A attached hereto and incorporated herein for all purposes (the "Permanent Easement "), and being a 0.754 -acre portion of that 13.02 -acre tract of land of the Grantor more particularly described in that instrument recorded in Volume 96060, Page 15140 of the Official Public Records of Comal County, Texas (the "Premises "), and (2) a temporary non - exclusive construction easement and right -of -way upon and across a 1.178 -acre portion of the Premises, as more particularly described on Exhibit B attached hereto and incorporated herein for all purposes (the "Construction Easement ") (collectively, the "Easements "). The Permanent Easement is granted for the purpose of constructing, operating, maintaining, and repairing a sewer line (the "Sewer Line "). The Construction Easement is granted for the purpose of facilitating the construction of the Sewer Line. The Easements herein granted are subject to the following terms, agreements, reservations, conditions, covenants, limitations, and exceptions: (1) The Permanent Easement herein granted shall be located across a 16 -foot wide strip of land and shall be perpetual until the earlier to occur of (a) the permanent and affirmative abandonment of the use of the Permanent Easement by the Grantee, its successors or assigns, or (b) the execution and recordation in the Official Public Records of Comal County, Texas, of an instrument by which the Grantee, or its successors or assigns, as applicable, abandons and releases the Permanent Easement. (2) The Construction Easement herein granted shall be located across a 25 -foot wide strip of land adjacent and parallel to, and coextensive with, the Permanent Easement. The Construction Easement shall terminate upon the earlier to occur of (a) completion (as certified in writing by the Grantee to the Grantor) of the 50713897.2 Sewer Line construction, or (b) nine (9) months after commencement of construction, which commencement is hereby defined to mean the commencement of excavation work upon the Permanent Easement. In the event the Grantee should be delayed or hindered or prevented from completing construction and installation of the Sewer Line within the time frame provided above by reason of the acts and /or inaction of the Grantor, restrictive government laws or regulations, insurrection, war, acts of God, and inclement weather or other reasons of like nature not the fault of the Grantee or its agents and contractors, then the period for the performance of the completion of the construction and installation of the Sewer Line shall be excused for the period of the delay and shall be extended for a period equivalent to the period of such delay. The Grantee shall restore the Construction Easement area to as close to its original condition as reasonably practical. (3) Neither the Grantor nor any successor owner of the Premises shall disconnect, disturb, or otherwise interfere with the continued use of the Sewer Line, nor shall any such persons erect or permit the erection of any buildings, slabs, structures, or other improvement within the boundaries of the Permanent Easement, or which would otherwise interfere with the Sewer Line's continued use and maintenance. With respect to any buildings, slabs, structures, or other improvements encroaching on the Permanent Easement as of the date of this Agreement, the Grantee shall have the right to remove such building, slab, structure, or improvement to allow for the construction, operation, maintenance, or repair of the Sewer Line. The Grantee shall, however, take reasonable precautions to preserve any mature trees existing within either the Permanent Easement or the Construction Easement. To the extent that construction of the Sewer Line results in the removal of brush from the Easements, the Grantee shall arrange for the disposal of the brush at the Grantee's sole cost and expense. (4) The Easements herein granted shall run with the land and be binding upon and inure to the benefit of the Grantor and the Grantee, and their respective successors, assigns, and legal representatives, and shall be binding upon all parties having or acquiring any right, title or interest in the Premises or any portion thereof. (5) Should it become necessary at any time subsequent to completion to the construction of the Sewer Line for the Grantee to enter the Grantor's Premises for the purpose of maintaining, repairing, operation, or altering the Sewer Line in any way, the Grantee shall, after each entry upon the Premises, leave the Premises substantially in the same condition that it was in prior to such entry to the full extent reasonably practicable. If any repair or replacement activities become necessary as a result of the acts, omissions, or negligence of the owner or owners of the Premises or any of their tenants, or any of such persons' respective agents, employees, licensees, or invitees, then such owner or owners shall be responsible for promptly performing, at their sole cost and expenses, all necessary repairs, and, if they fail to do so, the Grantee (or its successors or assigns, as applicable) 50713897.2 - 2, - shall be entitled to do so and to recover all reasonable costs therefore from the owner or owners (jointly and severally) of the Premises. (6) The Easements are further made subject to all validly existing easements, rights - of -way, conditions, restrictions, covenants, or outstanding mineral or royalty interests or reservations, of record, if any, in Comal County, Texas as of the date hereof. (7) The Grantee may exercise its rights hereunder directly by its employees or by its contractors or any duly authorized agent. TO HAVE AND TO HOLD said Easements together with all and singular the rights and appurtenances thereto anywise belonging unto the Grantee, its successors and assigns; and the Grantor does hereby bind itself, its successors and assigns, to specifically warrant and forever defend the Easements unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under the Grantor, buy not otherwise, subject, however, to the matters set forth herein. Executed to be effective as of , 201_ (the "Effective Date "). [signatures and acknowledgements on the followingpages ] 50713897.2 - 3 - This instrument has been executed as of the dates of the acknowledgments to be effective as of the Effective Date. GRANTOR: ECTOR N. CRISLER AND ALLENE CRISLER REVOCABLE LIVING TRUST Byrf y f 1�� Name: Grp 5 161--- Its: /rr-u S --e e- By: Name: �II,CnG C- rr SUZY Its: 50713897.2 - 4 - THE STATE OF ;0S COUNTY OF This in trument was acknowledged before me on the3lc- day of 201.3 by Ill . a�,cS;t& of �6�m�z -l�Cri `,I y GL( l�n& Co t (SEAL) avhv,aaaaaaaaaaaaaaaaaVaa%%Nva 04� "� CYNTHIA ANNE RALEIGH y e� ® Notary Public y State of Texas '� of Comm. Exp. 02 -11 -2015 y %vr4 vvvCd %fced 44 " �� v C4 THE STATE F COUNTY OF Notary Publ?cS,ih and for The State of P VA My Commission Expires: This instrument was acknowledged before me on the 31 s day of 2013 by mr, CVl S , as�I'7,15 of 6). Cr►s r h d( %er� CSI sl02-, (SEAL) ��a�aa ,a,aaaaa�,�aa,aaaaasaaa�aaa CYNTHIA ANNE RALEIGH LIZ ®,� Notary Public IV State of Texas V sc��c�cgc,z c�c COMM. �� rxrerd re re �ti�i 'd q,,,, Notary Public i d for The State off Q &g My Commission Expires: 50713897.2 - 5 - GRANTEE: CITY OF SCHERTZ John C. Kessel City Manager, City of Schertz THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the day of , 201 by John C. Kessel, as City Manager of the City of Schertz, on behalf of such City. (SEAL) Notary Public in and for The State of Texas My Commission Expires: AFTER RECORDING RETURN TO: Katherine A. Tapley Norton Rose Fulbright 300 Convent Street, Suite 2100 San Antonio, Texas 78205 50713897.2 - 6 - EXHIBTI' A Permanent Easement [See the following three pages ] 50713897.2 A -1 FORD ENGINEERING, ___ INC. Date: December 19, 2013 Project No: 1124.260304 16 foot Sanitary Sewer Easement Page 1 of 2 A 0.741 acre (32,297.4 sq. ft.) sanitary sewer easement situated in the Rafael Garza Survey No. 98, Abstract No. 175 and being a portion of that certain 110 acre tract, more or less, conveyed to The Ector N. Crisler and Allene Crisler Revocable Living Trust in Document No. 9606015140 of the Official Public Records of Comal County, Texas, and being more particularly described as follows: BEGINNING: at a'' /z inch iron rod with cap marked "3408" found on the Southeastern line of Union Pacific Railroad right of way line for the Northeastern corner of that certain 6.819 acre tract of land conveyed to Ralph Marcantonio in Document No. 200606032025 of the Official Public Records of Comal County, Texas, a corner of the said 110 acre tract, for the Northwestern comer of this easement; THENCE: N 68'55'15" E — 1888.08 feet along the Southern line of the said Union Pacific Railroad R.O.W. line, the Northern line of the said 110 acre tract to a point for the Northeastern corner of this easement; THENCE: S 30'27'13" E — 143.72 feet across the said 110 acre tract to a %Z inch iron rod with cap marked "ACE" found on the Northwestern line of Farm Market Road No. 482, the Southeastern line of the said 110 acre tract, for the Southeastern corner of this easement; THENCE: S 59 023'21" W— 16.00 feet along the Southeastern line of the said 110 acre tract, the Northwestern line of said Farm Market Road No. 482 to a point for a corner of this easement; THENCE: N 30'27'13" W — 130.19 feet across the said 110 acre tract to a point for a comer of this easement; THENCE: S 68155'15" W — 1875.62 feet continuing across the said 110 acre tract to a point on a Western line of the said 110 acre tract, the Eastern line of the said 6.819 acre tract, for the Southwestern corner of this easement, from which a %z inch iron rod found on the Northwestern line of said Farm Market Road No. 482, for the Southeastern comer of the said 6.819 acre tract, the Southwestern corner of the said 110 acre tract bears S 17 002'31" E — 477.08 feet; 10927 WYE I)RIVE, SUITE 104, 1 -80Q -332 -3109 SAN ANTONIO, TEXAS 78217 Web Site: www.fordenginecrinp,.com 50713897.2 A -2 (2 10) 590 -4777 FAX: 590 -4940 TBPE No. F -1162 ED FORD ENGINEERING, INC. Page 2 of 2 THENCE: N 17 °03'31" W — 16.04 feet along the Eastern line of the said 6.819 acre tract, the Western line of the said 110 acre tract to the POINT OF BEGINNING and containing 0.741 acres (32,297.4 sq. ft.) of Iand; according to a survey made under my supervision; Bearings are oriented to Lambert Grid, Texas South Central Zone, NAD 83. Corresponding plat prepared. 1124260304 Crisler Perm. Esmt. 10927 WYE- DRIVE, SUITE 104, 1 -800 -332 -3109 '1 -=L Rex L. Hackett Registered Professional Land Surveyor License Number 5573 SAN ANTONIO, TEXAS 78217 Web Site: www.fordengincering.com 50713897.2 A -3 (210) 590 -4777 FAX: 590 -4940 1'13PE No. F -1162 ado .ON o0U st0tt53ao 6113'9 dTo 0(Np1N� M -4 � xpm, zy o <.1 8 o a 0 OM C7 or Z o d (n D o Lh C) CA �Z ry 0 v cn orr��yN� oyy o o ( M' M o� En 0 -3 a t, m N Z 0 M 'd� �8 nd> V) m(n V) a :9- R y O m .r R� 'P c N =i O '^ o� Zm o� mo �yg � a 171 O tTj 7 gA at A.. 0- �ZNO 0 IJ 0 O � A . *S � S� N� V z m (nzm In wcc!C) i� O rnrn� r� NG� 2� tioo � \� " o08g zip: rn sn \ \ % a b � a -A-, M o �� 11 x�o 200 ; �g o g \\ z LP o n \ A v� \ $'� 0� z C3 V) 0 0 0 OM N yy m $ v Nz Me n A ?m0Q m n o� n 0 0 \\ o r \ Ln z. \ A � \ O \ o� On ;4 < Lp \\ CIS 'O cl C� A \ n CP\ rn03 �o C� 0 °'' tT 'o �O cp 7:;3 N \ \\ f j+ 50713897.2 A -4 01 \\ 0 \ s� N \\ o •1 EXHIBIT B Construction Easement [See the following three pages 50713897.2 B -1 i FORD ENGINEERING, INC. Date: December 19, 2013 Page I of 2 Project No: 1124.260304 25 foot Temp. Construction Easement A 1.139 acre (49,634.1 sq. fl:.) Temp. Construction Easement situated in the Rafael Garza Survey No. 98, Abstract No. 175 and being a portion of that certain 110 acre tract, more or less, conveyed to The Ector N. Crisler and Allene Crisler Revocable Living Trust in Document No. 9606015140 of the Official Public Records of Coma] County, Texas, and being more particularly described as follows: BEGINNING: at a point on the Western line of the said 110 acre tract, the Eastern line of that certain 6.819 acre tract of land conveyed to Ralph Marcantonio in Document No. 200606032025 of the Official Public Records of Comal County, Texas from which a '/z inch iron rod with cap marked "3408" found on the Southeastern line of Union Pacific Railroad right of way line for the Northeastern comer of the said 6.819 acre tract, a comer of the said 110 acre tract bears N 17 °03'31" W — 16.04 feet; THENCE: N 68 °55' 15" E — 1875.62 feet along the Southern line of a 16 foot sanitary sewer easement, this day described, and across the said 110 acre tract to a point for a comer of the said 16 foot sanitary sewer easement, for a comer of this easement; THENCE: S 30 °27'13" E— 130.19 feet across the said 110 acre tract to a point on the Northwestern line of Farm Market Road No. 482, the Southeastern line of the said 110 acre tract from which a %Z inch iron rod with cap marked "ACE" found on the Northwestern line of said Farm Market Road No. 482, the Southeastern line of the said 110 acre tract bears N 59 °23'21" E — 16.00 feet; THENCE: S 59 °23'21" W — 25.00 feet along the Southeastern line of the said 110 acre tract, the Northwestern line of said Farm Market Road No. 482 to a point for a comer of this easement; THENCE: N 30'27'13" W — 109.05 feet across the said 110 acre tract to a point for a corner of this easement; THENCE: S 68 °55'15" W — 1856.18 feet continuing across the said 110 acre tract to a point on a Western line of the said 110 acre tract, the Eastern line of the said 6.819 acre tract, for the Southwestern corner of this easement, from which a %2 inch iron rod found on the Northwestern line of Farm Market Road No. 482 for the Southeastern corner of the said 6.819 acre tract, the Southwestern corner of the said 110 acre tract bears S 17 °02'31" E — 452.02 feet; 10927 WYE DRIVE, SUITE 104 1- 800 -332 -3109 SAN ANTONIO, TEXAS 78217 Web Site: www.fordengineering.com 50713897.2 B -2 (210) 590 -11M FAX: 590 -4940 11311L No. 1 -1162 L FORD ENGINEERING, INC. Page 2 of 2 THENCE: N 17 °03'31" W — 25.06 feet along the Eastern line of the said 6.819 acre tract, the Western line of the said 110 acre tract to the POINT OF BEGINNING and containing 1.139 acres (49,634.1 sq. ft.) of land; according to a survey made under my supervision; Bearings are oriented to Lambert Grid, Texas South Central Zone, NAD 83 Corresponding plat prepared. 1124260304 Crisler Const. Esmt. C!•' C i • , �� Rex L. Hackett REXL. HACKE 11... Registered Professional Land Surveyor 5573 License Number 5573 �qN � 31JR� 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940 1 -800- 332 -3109 web Site: www.forderipineering.coni TBPE No. F -1162 50713897.2 B -3 o Obob • �QuOo ;0- HOOOM U�oFn0ZWd aEt- oo! r o��r� nay yC7 � O o w o"3LA m� rnmP o � wR �4 O 2 % o b � ;u °D *F sir Z R y m�Z \$ f7ON G 0 w rn 0 w A( '•'•f S a ri71 : RFC;9A W. bd •ON 0p0 5zazto9 4 619 Hd O"ziwo 3s N (n . --i w mto � D ro 'D Z mil= c � O ALDi A mz Z4. (nj mbi El 0 11 9too G ��A o9� _1 Oro 4 Crn-+Z m (Azzzao N N O O Z wwwwG� m ti 0 Ln Cn 0) D 0000n oorn-Ptm �zr1�=r- o A uq r Cu gIA �o 80 M0-��r1� u O; C O �Z U1� ` ; a \ ° \\ 1 O �O A O� m \ \� 2 C. m �\ L CP �b0. \ \N. �O 00 \ 7O \ c� 0 \ 3� ., o 0 N C,\ 50713897.2 B -4 r 2 O 2 \ \ 1\ \ �pom q0 U) 4 -'o L N 9 \ moo =s oa V o m m \ \ SN+ 2 C) C vp \ \\ O O 'Z \� \ U1� ` ; a \ ° \\ 1 O �O A O� m \ \� 2 C. m �\ L CP �b0. \ \N. �O 00 \ 7O \ c� 0 \ 3� ., o 0 N C,\ 50713897.2 B -4 r 2 O 2 \ \ 1\ \ U) \\ m -'o L N 9 \ v CA o m Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: January 7, 2014 Department: Public Works Subject: Resolution No. 14 -R -06 - a Resolution authorizing the acceptance of a Stormwater Drainage Easement and a Temporary Construction Easement and authorizing a Stormwater Easement and Temporary Construction Easement Agreement with Riata Land, Ltd. BACKGROUND As a part of the development of the property, the City's regulations require that the Developer, SCC Development Company, LLC (the "Developer ") provide to the City a Permanent Stormwater Drainage Easement to discharge stormwater. This easement will be located on a downstream property owned by Riata Land, Ltd. (the "Owner "). The Developer is developing the property for the Hubertus Retail Subdivision located on IH 35 and FM 1103. The Developer will pay the Owner in a private third party transaction an amount negotiated between the Developer and the Owner so that the Owner will grant the easement to the City. The owner is granting the City this easement so that the City can monitor and regulate the stormwater discharge that will pass through this easement to ensure that city and state regulations are met. The easement formally acknowledges that there will be additional stormwater runoff on the property. In addition, the Owner will grant a Temporary Construction Easement that will be utilized to construct the detention pond on the easement property. Goal To accept a Permanent Stormwater Drainage Easement and a Temporary Construction Easement from Riata Land, Ltd. and to approve the easement agreement granting the easements to the City. Community Benefit The easement formally acknowledges that there will be additional stormwater runoff on the property and allows the City to monitor and regulate the stormwater drainage that will pass through this easement to ensure that city and state regulations are met protecting life and property downstream. Summary of Recommended Action Staff recommends Council approve the resolution authorizing a Permanent Stormwater Drainage Easement and a Temporary Construction Easement from Riata Land, Ltd. FISCAL IMPACT No fiscal impact to approve the Permanent Stormwater Drainage Easement and Temporary Construction Easement Agreement. RECOMMENDATION Staff recommends Council approve Resolution 14 -R -06 ATTACHMENTS Resolution 14 -R -06 Permanent Stormwater Drainage Easement and Temporary Construction Easement Agreement RESOLUTION NO. 14 -R -06 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF A PERMANENT STORMWATER DRAINAGE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT IN THE HUBERTUS RETAIL SUBDIVISION AND AUTHORIZING A STORMWATER DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH RIATA LAND, LTD.. AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City authorize the acceptance of a Permanent Stormwater Drainage Easement and a Temporary Construction Easement (the "Easements ") in the Hubertus Retail Subdivision and that the City enter into the Stormwater Drainage Easement and Temporary Construction Easement Agreement set forth on Exhibit A (the "Agreement ") with Riata Land, Ltd. in connection therewith; and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize the acceptance of the Easements and to enter into the Agreement with Riata Land, Ltd.; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the acceptance of the Easements and further authorizes the City Manager to execute and deliver the Agreement with Riata Land, Ltd. 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 7th day of January, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A STORMWATER DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT A -1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STORMWATER DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF COMAL § THAT RIATA LAND, LTD., a Texas limited partnership (the "Grantor "), for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration to the Grantor paid by the CITY OF SCHERTZ, a Texas municipal corporation (the "Grantee "), the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD, and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the Grantee, its successors and assigns, subject to the terms hereof, (1) a permanent non - exclusive easement and right -of -way upon, across, and beneath real property located in Comal County, Texas, shown hatched and legally described in Exhibit A attached hereto and incorporated herein for all purposes (the "Permanent Easement "), and being a 0.0097 -acre portion of that 73.323 -acre tract of land of the Grantor more particularly described in that instrument recorded as Document No. 200606003130 of the Official Public Records of Comal County, Texas (the "Premises "), and (2) a temporary non - exclusive construction easement and right -of -way upon and across a 0.2191 - acre portion of the Premises, shown cross - hatched on Exhibit B attached hereto and incorporated herein for all purposes (the "Construction Easement ") (collectively, the "Easements "). The Permanent Easement is granted for the purpose of constructing, operating, maintaining, and repairing stormwater drainage facilities (the " Stormwater Drainage Facilities "). The Construction Easement is granted for the purpose of facilitating the construction of the Stormwater Drainage Facilities. The Easements herein granted are subject to the following terms, agreements, reservations, conditions, covenants, limitations, and exceptions: (1) The Permanent Easement herein granted shall be perpetual until the earlier to occur of (a) the permanent and affirmative abandonment of the use of the Permanent Easement by the Grantee, its successors or assigns, or (b) the execution and recordation in the Official Public Records of Comal County, Texas, of an instrument by which the Grantee, or its successors or assigns, as applicable, abandons and releases the Permanent Easement. (2) The Construction Easement shall terminate upon the earlier to occur of (a) completion (as certified in writing by the Grantee to the Grantor) of the Stormwater Drainage Facilities construction, or (b) nine (9) months after commencement of construction, which commencement is hereby defined to mean the commencement of excavation work upon the Permanent Easement. The 50719521.2 Grantee shall restore the Construction Easement area to as close to its original condition as reasonably practical. (3) Neither the Grantor nor any successor owner of the Premises shall disconnect, disturb, or otherwise interfere with the continued use of the Stormwater Drainage Facilities, nor shall any such persons erect or permit the erection of any buildings, slabs, structures, or other improvement within the boundaries of the Permanent Easement, or which would otherwise interfere with the Stormwater Drainage Facilities' continued use and maintenance. With respect to any buildings, slabs, structures, or other improvements encroaching on the Permanent Easement as of the date of this Agreement, the Grantee shall have the right to remove such building, slab, structure, or improvement to allow for the construction, operation, maintenance, or repair of the Stormwater Drainage Facilities. The Grantee shall, however, take reasonable precautions to preserve any mature trees existing within either the Permanent Easement or the Construction Easement, and shall notify Grantor prior to the removal of any specimen greater than six (6 ") inches in diameter which is included on any preferred tree list maintained by the City of Schertz. Grantee shall be fully responsible for any required tree mitigation as a result of the work. To the extent that construction of the Stormwater Drainage Facilities results in the removal of brush from the Easements, the Grantee shall arrange for the disposal of the brush at the Grantee's sole cost and expense. (4) The Easements herein granted shall run with the land and be binding upon and inure to the benefit of the Grantor and the Grantee, and their respective successors, assigns, and legal representatives, and shall be binding upon all parties having or acquiring any right, title or interest in the Premises or any portion thereof. (5) Should it become necessary at any time subsequent to completion to the construction of the Stormwater Drainage Facilities for the Grantee to enter the Grantor's Premises for the purpose of maintaining, repairing, operation, or altering the Stormwater Drainage Facilities in any way, the Grantee shall, after each entry upon the Premises, leave the Premises substantially in the same condition that it was in prior to such entry to the full extent reasonably practicable (6) The Easements are further made subject to all validly existing easements, rights - of -way, conditions, restrictions, covenants, or outstanding mineral or royalty interests or reservations, of record, if any, in Comal County, Texas as of the date hereof. (7) The Grantee may exercise its rights hereunder directly by its employees or by its contractors or any duly authorized agent. (8) Grantee shall use commercially reasonable efforts to comply with all applicable City, County, State or Federal erosion control requirements for the work contemplated under this easement agreement. Further, Grantee shall use commercially reasonable efforts to cause any contractor performing work for 50719521.2 - 2 - Grantee under this easement agreement to use commercially reasonable efforts to comply with all applicable City, County, State or Federal erosion control requirements for the work contemplated under this easement agreement. In connection with this easement agreement, Grantee shall use commercially reasonable efforts not disturb or destroy any erosion control devices located outside the Easements. Further, in connection with this easement agreement, Grantee shall use commercially reasonable efforts to cause any contractor performing work for Grantee under this easement agreement to use commercially reasonable efforts not disturb or destroy any erosion control devices located outside the Easements. A violation of this Section 8 shall not result in, cause, or permit the termination of the Easements or this easement agreement. (9) Grantee shall not encroach upon Grantor's property outside the Permanent Easement with any retaining wall footer or other subsurface improvements. TO HAVE AND TO HOLD said Easements together with all and singular the rights and appurtenances thereto anywise belonging unto the Grantee, its successors and assigns; and the Grantor does hereby bind itself, its successors and assigns, to specifically warrant and forever defend the Easements unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under the Grantor, buy not otherwise, subject, however, to the matters set forth herein. Executed to be effective as of , 2014 (the "Effective Date "). [ signatures and acknowledgements on the following pages J 50719521.2 - 3 - This instrument has been executed as of the dates of the acknowledgments to be effective as of the Effective Date. GRANTOR: RIATA LAND, LTD., a Texas limited partnership By: Intermandeco GP, LLC, its general partner By: Name Title: 50719521.2 - 4 - Cary L. Cobb Vice President THE STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the day of , 2013 by , as of Intermandeco GP, LLC, as general partner of RIATA LAND, LTD., a Texas limited partnership, on behalf of such limited partnership. (SEAL) Notary Public in and for The State of Texas My Commission Expires: 50719521.2 - 5 - GRANTEE: CITY OF SCHERTZ John C. Kessel City Manager, City of Schertz THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the day of , 2014 by John C. Kessel, as City Manager of the City of Schertz, on behalf of such City. (SEAL) Notary Public in and for The State of Texas My Commission Expires: AFTER RECORDING RETURN TO: Katherine A. Tapley Fulbright & Jaworski L.L.P. 300 Convent Street, Suite 2100 San Antonio, Texas 78205 50719521.2 - 6 - The undersigned joins in the execution hereof to evidence its consent hereto and to subordinate its liens to the terms and conditions set forth herein. THE AMERICAN NATIONAL BANK OF TEXAS By: Name: Title: THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared , the of THE AMERICAN NATIONAL BANK OF 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, in the capacity therein stated, and as the act and deed of said bank. GIVEN under my hand and seal of office this the day of , 2013 Notary Public [END OF SIGNATURE PAGES] 50719521.2 - 7 - 4) N E E R S EXHIBIT A Permanent Easement L4ACINA - BOSE* COPELAND and ASSOCIATES, INC CONSULTING 1 %1GINCERS AND LAW) SLJRV ''CRS TeXaS [?,,,j if r u. c d Engineering Firm F-784 1035 Central I',: my North. San ArMnlo, Texai 76232 4V(1@ S45-1 712 AAX 12 1`0) 54MJBZ www-mbee"91"Oeps-two METES AND BOUNDS DESCRIPTION OF A 0.0097 OF AN ACRE (422 SQUARE FEET) TRACT OF LAND OUT OF A CALLED 73.323 ACRE TRACT, Az RECORVED IN DOCUMENT NO 200606003130, OF THE OFF_'(.izV, PUBLIC RECORDS, COMAL COUNTY, TEXAS; OUT OF THE R. GARZA SURVEY NO. 98, ABSTRACT NO. 175, COMRL COUNTY, SITUATED IN THE CITY OF SCHERTZ, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN A CLOCKWISE MANNER AS FOLLQWS: COMMMCING: At a found 4" iron rod and cap "MBC" said found J4" iron red being the northwest corner of Lot 2, Hubertus Retail Subdivision, as recorded in Document No. 200706022444 of the Official Public Records, Comal County, Texas, i-d 'ound Ili" iron rod, being the northeast ol said called 73.323 acre tract, said fount -�" iron rod also being on the southern right-of-way line of Tnterstate Highway 35 (a Public right-of-way varies); THENCE; 9 30"15'13" E, 12.56 feet, leaving the southern right-of-way of said Interstate Highway 35, along and with the common line of said Lot 2, Hubertus Retail Subdivision and said called 73.323 Acre Tract, to a point, at the point of beginning of this tract; THENCE* S 30'15'13" E, 15.07 feet, along and with the common line of said Lot ' , Hubertus Retail Subdivision and said called 73.323 acre tract, to a point; THENCE: S 65*09'00- W, 29.12 feet, leaving the common line of said Lot 2, HubeEtus, Retail Subdivision and said called 73.323 acre tract, to a point; THENCE; N 30015'13" W, 15.07 feet, to a point; Page I of 3 Pz\Ccm IN30118-ilubettuaRtlklisc\Letteye\O.OD97 he 1ID413.dacm 50719521.2 A-1 THENCE: N 65QO9100- E, 29.12 feet, to the point of beginning of this tract. "This description is based on the Land Title Survey and plat made by Jae Edward Higle #47B8 Registered Professional Surveyor on November 4, 2013" I, Joe Edward Higle, Registered. Professional Land Surveyor do hereby affirm that this descriptions is based on the results of a survey made on the ground by the firm of Marina, Hose, Copeland and Associates, Inc., of which a survbPp,.,h_as been prepared. YI! DµI L e° J EDW ` REG. No. 47E.8 R Gi " ER L LAND SURVEYOR 30118 -Corral November 4, 2013 JEHIrit. Fage 2 of 3 P¢1Comali 34119- Edubcrtu5RtIMisc \Lette°is10.0097 Ac 111)913.docx EN ik El83 50719521.2 A -2 LOCATION M1 P 'OT ;c scm,! s pv ft ii�' SCALE: ` " = 30' 01 15, 30' 60` 90` BEARINGS AND NORTH ARROW ORIENTATION ARE BASER ON THE SOUTHEAST RIGHT-OF-WAY LWE OF INTERSTATE HIGHWAY 35 AS BEING N65° 010011E INTERSTATE HIGHWAY 35 RIGHT -OF -WAY VARIES H41 V2" IRON ROD W/CAP "ME IDIJINT CF BEGINNING POINT OF COMMENCEMENT 1' VEHICULAR NON- ACCESS EASEMENT jf J(DOC. * 2008060013465) NOS' 09100 11E C x5.09'00 "E w I 16' PF4VATE SANITRRY SEWER Y 28.12" , i. EASEMENT (DOC. * 2008 0 6 0 0 646 5) 0 ---- ------ - - --- �,`! ice- ---- - - - - -- C 2$ 12' 20' ELECTRIC, GRAS, TELEPHONE, PRIVATF BRAINACE EASEMENT S65 °0$'04 "W CABLETEI-E'VISION EASEMENT (0.0097 nF AN ACREI ' =Co 2007080224¢4) i X122 S€1UARE FFFT 1 t 25' BUILIJING SETBACK (DOC. • 200806005465) ' pQ - L 73.323 ACRES (DOC. N0. 200606003130) Za LOT 2 (CEDER: IL LAND (20dE� : GENERA BUSINESS (GB), t HUBE TUS RETAIL USE: RESIDENTIAL AND NATIVE �rn� SUBDIVISION IMPROVED PASTURE) (DOC.# 200706022444 ) PLAT I" SKETCH OF A oEMN RWd 0.0057 OF AN ,ACRE (422 SQUARE FEET), TRACT ,,um 0AC Rim OF LAND OUT OF A CALLED 73323 ACRE TRACT as AS RECORDED IN DOCUMENT NO. 200606003134 OF 10-225 -93 tus� c.+rrr�I PaPla.ny xr, THE OFFICIAL PUBLIC RECORDS, CC1AL COUNTY, 3014 8-C�li gon Antonlo. lrxae Ta2°J2 , 1210 645IM 7EXA,S. aaszao. fAX 124DF 845 -53132 91sT. 3 Of 3 50719521.2 A -3 )TO Ln m � SAN ANTON10 = I. H. 55 T "` .�JSTIN C- 111JDO C7 ro +�uryTY OAK 4r SITE r ° P` �d'•41NTY k. LOCATION MAP NOT TO SCALE EXHIBIT B Construction Easement T / SCALE: 1" = 50' mommi 01 25` 50' 100' 160, BEARINGS AND NORTH ARROW ORIENTATION ARE BASED ON THE SOUTHEAST RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY 35 AS EYEING N65° 09'00 "E. �, I r i I V YD w�� m• LOT 2 yy i3OT 6 BLOCK 1 �. BLOCK 1 E 4- HUt31;RTU5 HB'I'AIL e' g I`v'ua SUBDIVISION y 12I 4 F•- I rci��q CQ7r.n 27QBOEG7 -065! -:. C �, 21 YD w�� m• �. �. I 4- , -1 I x a L r AS €NFJLT - - -- r INNr H r i, .4,' 1 '1'�' 1 - no 30° r' w T r PORARI' ° W - V q41 A13 L Wy173�9 -RON A E" z ni CoNSTRUC CE)NT OF a U) ~ N r (c).2191 FEAT) � B,�J¢r6 SQUARE rw ° LJ w LAo O ¢w a °a 73.323 ACRES AMC) a o (G10C. Nu:J. 2i7(}6B6�Qb313C1) 0 c0 SKETCH DE A PLAT [DO VARIABLE WIDTH CONSTRUCTION EASEMENT k'"" Ms:m Rwc BEING A 0.2191 OF AN ACRE (9,546 SQUARE FEET), DRARN QAc ENGINEER 5 TRACT OF LAND, OUT OF A CALLED 73.373 ACRE UHUKEo TRACT OF LAND AS RECORDED IN [DOCUMENT NO. �� 09 -15 -08 is ®n Anioonnof. ex" 78232 h 20060600.3130 OF THE OFFICIAL PUBLIC RECORDS 2952O�Qh1L 1210} 545 -t193 OF C4MAL COUNTY, TEXAS, J N� "..0f 595 -9302 ser- 1 d. 1 50719521.2 B -1 Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: January 7, 2014 Department: Public Works Subject: Resolution No. 14 -R -03 — A Resolution by the City Council of the City of Schertz, Texas authorizing the dedication of one (1) ten -foot Utility Easement on the Northcliffe Park Property to Guadalupe Valley Electric Cooperative for placement, maintenance and repairs of a utility line, and other matters in connection therewith. BACKGROUND Guadalupe Valley Electrical Cooperative (GVEC) has an existing utility line that is located on the Northcliffe Park Property. They recently found out that there is no easement dedicated for their utility line. GVEC is requesting the City to dedicate a 10 -foot wide utility easement in conjunction with the existing GVEC utility line. Goal For GVEC to have their utility service line to be in a protected easement allowing them to be able to do maintenance and repairs on the line as needed. Community Benefit By protecting the GVEC investment rates can be kept at an economical level. Summary of Recommended Action Staff recommends Council approve the Resolution authorizing the City Manager to execute and deliver the Easement Agreement with GVEC in substantially the form set forth on Exhibit A. FISCAL IMPACT No fiscal impact for the easement dedication. RECOMMENDATION Staff recommends Council approve Resolution 14 -R -03 ATTACHMENTS Northcliffe Park GVEC Utility Easement Agreement Easement location exhibit RESOLUTION NO. 14 -R -03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE DEDICATION OF ONE (1) TEN -FOOT UTILITY EASEMENT ON THE NORTHCLIFFE PARK PROPERTY TO GUADALUPE VALLEY ELECTRIC COOPERATIVE FOR PLACEMENT, MAINTENANCE AND REPAIRS OF A UTILITY LINE, 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 one (1) ten -foot Utility Easement to Guadalupe Valley Electric Cooperative for placement, maintenance and repairs of a utility line; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Guadalupe Valley Electric Cooperative pursuant to the one (1) ten foot Utility Easement Agreement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Guadalupe Valley Electric Cooperative in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 7th day of January, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) ATTACHMENTS NORTHCLIFFE PARK GVEC UTILITY EASEMENT AGREEMENT EASEMENT LOCATION MAP A -1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. UTILITY EASEMENT AGREEMENT THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS THAT: COUNTY OF GUADALUPE § WHEREAS, the CITY OF SCHERTZ, a Texas municipal corporation (the "Grantor ") previously authorized the GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. (the "Grantee ") to utilize that certain real property located in Guadalupe County, Texas, as more particularly described in Exhibit A attached hereto and incorporated herein for all purposes (the "Easement "), and being a ten (10) foot wide portion of Lot 12, Block 11, Northcliffe East Community- Section One, Plat recorded in Volume 4, Page 49 of the Plat Records of Guadalupe County, Texas and a portion of Lot 13, Block 11, Northcliffe East Community Section Two, Plat recorded in Volume 4, Page 75 of the Plat Records of Guadalupe County, Texas (the "Premises "), for the purpose of constructing, operating, maintaining, and repairing electricity transmission lines and related appurtenances (the "Utility "). WHEREAS, the Grantee has constructed one or more electricity transmission lines and related appurtenances within the Easement. WHEREAS, it does not appear that the grant of the right to utilize the Easement for the Utility was ever properly documented by the Grantor and the Grantee. WHEREAS, the Grantor and the Grantee are entering into this Utility Easement Agreement in order to properly evidence and document the Grantee's right to utilize the Easement in accordance with the terms hereof. NOW THEREFORE, the Grantor, for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration to the Grantor paid by the Grantee, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD, and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the Grantee, its successors and assigns, subject to the terms hereof, a permanent non - exclusive easement and right -of -way upon, across, and beneath the Easement, and being a ten (10) foot wide portion of the Premises. The Easement is granted for the purpose of constructing, operating, maintaining, and repairing the Utility. The Easement herein granted is subject to the following terms, agreements, reservations, conditions, covenants, limitations, and exceptions: (1) The Easement herein granted shall be located across a 10 -foot wide strip of land and shall be perpetual until the earlier to occur of (a) the permanent and affirmative abandonment of the use of the Easement by the Grantee, its successors 50713256.2 or assigns, or (b) the execution and recordation in the Official Public Records of Guadalupe County, Texas, of an instrument by which the Grantee, or its successors or assigns, as applicable, abandons and releases the Easement. (2) Neither the Grantor nor any successor owner of the Premises shall disconnect, disturb, or otherwise interfere with the continued use of the Utility, nor shall any such persons erect or permit the erection of any buildings, slabs, structures, or other improvement within the boundaries of the Easement, or which would otherwise interfere with the Utility's continued use and maintenance. The Grantee shall, however, take reasonable precautions to preserve any mature trees existing within the Easement. To the extent that construction, operation, maintenance, or repair of the Utility results in the removal of brush from the Easement, the Grantee shall arrange for the disposal of the brush at the Grantee's sole cost and expense. (3) The Easement herein granted shall run with the land and be binding upon and inure to the benefit of the Grantor and the Grantee, and their respective successors, assigns, and legal representatives, and shall be binding upon all parties having or acquiring any right, title or interest in the Premises or any portion thereof. (4) Should it become necessary at any time subsequent to completion to the construction of the Utility for the Grantee to enter the Grantor's Premises for the purpose of maintaining, repairing, operation, or altering the Utility in any way, the Grantee shall, after each entry upon the Premises, leave the Premises substantially in the same condition that it was in prior to such entry to the full extent reasonably practicable. (5) The Easement is further made subject to all validly existing easements, rights -of- way, conditions, restrictions, covenants, or outstanding mineral or royalty interests or reservations, of record, if any, in Guadalupe County, Texas as of the date hereof. (6) The Grantee may exercise its rights hereunder directly by its employees or by its contractors or any duly authorized agent. TO HAVE AND TO HOLD said Easement together with all and singular the rights and appurtenances thereto anywise belonging unto the Grantee, its successors and assigns; and the Grantor does hereby bind itself, its successors and assigns, to specifically warrant and forever defend the Easement unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under the Grantor, but not otherwise, subject, however, to the matters set forth herein. Executed to be effective as of , 2014 (the "Effective Date "). [signatures and acknotii,ledgements on the following pages ] 50713256.2 - 2 - This instrument has been executed as of the dates of the acknowledgments to be effective as of the Effective Date. GRANTOR: CITY OF SCHERTZ John C. Kessel City Manager, City of Schertz THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the day of , 2014 by John C. Kessel, as City Manager of the City of Schertz, on behalf of such City. (SEAL) Notary Public in and for The State of Texas My Commission Expires: 50713256.2 -3 - GRANTEE: GUADALUPE VALLEY COOPERATIVE, INC. By: Name: Jeff atliff Title: Project Manager THE STATE OF O-X G S § COUNTY OF This instrument was acknowledged before me on the c�" day of akvc_r- [ , 2014 by Jeff Ratliff, as Project Manager of Guadalupe Valley Cooperative, on behal# of such corporation. (SEAL) MARGARITA AYA� v ] Notary PuNic State of Texas o� Comm. Expires 10/30/20% AFTER RECORDING RETURN TO: Katherine A. Tapley Norton Rose Fulbright 300 Convent Street, Suite 2100 San Antonio, Texas 78205 --61 r'� QZ,- - of y Public i id for The State of 2 X 4 S My Commission Expires: 50713256.2 - 4 - lO— _-2,0 -ZOI EXHIBIT A Easement 40'Cou'v 1114 North Austin Street Sequin, Texas 78155 phone: (830) 372 -1001 Fax: (834) 379 -1155 Field notes describing a 10.00 foot wide G.V.E.C, easement over a portion of Lot 12, Block 11, Northcliffe East Community - Section One, plat recorded In Volume 4, Page 49, Plat Records, Guadalupe County, Texas and a portion of Lot 13, Block 11, Northcliffe East Community Section Two, plat recordoa in Volume 4, Page 75, Plat Records, Guadalupe County, Texas, situated in the James W, Grey Survey No. 255, Abstract 144, Guadalupe County, Texas and being more particularly described as foliows: Nate: All set pins Are YP" diameter rebar with an orange plastic cap stamped'Tri- County ". Beginning at a 'W diameter iron pin found in the southwest right -of -way line of Cherry i ree Unve, for the east corner of Lot 1, Block 11, Nerlhcllffe Community Section Two, plat recorded In Volume 4, Page 66, Plat Records, Guadalupe County, Texas, the north corner of Lot 12 and the herein described easement. Thence, In a southwest direction with the southwest right -of -way line of Cherry Tree Drive and the northeast line of Lot 12, along the arc of a curve to the left having a radius of 770.34 feet a central angle of 14° 50'46", a distance of 199.60 feet, to an iron On set for the end of said curve to the felt and the beginning of a curve to the right. Chord bears S 410 32'22' E, 199.05 feet:, Thence, in a southeast direction with the southwest right -of -way live of Cherry Tree Drive and the northeast line of Lot 12 and 13, along the arc of said curve to the right having a radius of 575.00 feet, a central angle of 39° 45'29", a distance of 399.00 feet to an Iron pin set for the end of said curve to the right and the beginning of a curve to then left. Chord hears S 28" 95'55' E, 391,04 feet. Thence, in a southeast direction v,1th the southwest right -of -way line of Cherry `(Tree Drive and the northeast line of Lot 13, along the arc of said curve to the left having a radius of 525,00 feet, a central angle of 16° 26' 03`, a distance of 150,50 foot, to an iron pin set for the north comer of Lot 14, Northcliffo East Community Two and the east corner of Lot 13, for the east corner of the herein described easement. Chord bears S 171 00' 17' F:. 150.07 feet. Thence, S 64" 31'26" W. 121.26 feat with the northwest tine of Lot 14 one the southeast line of Lot 13, to an iron pin set in the northeast of a tract of land called 28.724 acres, described In Volume 985, Page 99, Official Rrgcords, Guadalupe County, Texas, for the west corner of Lot 14, the south corner of the Lot 13 and tho herein described easement, Thence, N 29° 65' 00" W, 10.03 feet with the northeast line of the 28.724 acre and the southwest line of Lot 13, to a point for the southernmost wes' corner of the herein described easement. Thence, N 64" 31'25" E. 112.18 feet crossing a portion of Lot 13, to a point for an interior corner of the herein described tract. 50713256.2 A -1 Page 2 of 2 10.00 foot wide G I.E.C. Easement Thence, in a noritrAvest direction crossing a portion of Lot 13 and Lot 12, 10.00 feet northwest of and parallel to the southwest right -of -way line of Cherry Tree Drive and the northeast line of Lots 13 and 12, as follows: Along the arc of a curve to the right having a radius of 535,00 feet, a cent, a1 angle of 15° 21',17:'. a distance of 143.45 feet to a point for the end of said curve to the right and the beginning of a curve to the left. Chord bears N 16° 28' 27" W, 143.02 feet. Along the arc of said curvo to the loft having a radius of 565.00 feet, a central angle of 39" 45' 19°, a distance- of 392,03 feet to a point for the end of said curve to the left and the beginning of a curve to flip r'ghL G�iord bears N 28° 55' 50` W, 384,21 feet, Thence, along 1110 arc of said curve to the right having a radius of 780.34 feet, a central angle of 14" 09' 29", a distance of 152.83 feet, to a point for an interior corner of the I'erein described easement. Chord bears N 41" 53'00'W, 192.34 feet. Thence, S 69' 57'44" W. 111.83 feet crossing a portion of Lot 12, to a point in the northeast lino of the 28.724 acre tract and the southwest line of Lot 12, for the northernmost south corner of the herein described easement. Thence, N 29° 55" 03" W. 2,98 feet, a is" diameter iron pin found and N 32" 40'46" W, 7.03 foot with the northeast line of the 28.724 acre tract and the southwest line of Lot 12, to an "X" found scribed in cone -ete for the south corner of I.ot 1, the west corner of Lot 12, and the northernmost west corner of the herein described easement. Thence, N 59° 3'1' 44' E, 121.40 feet with the southeast line of Lot 1 and the nort%vesl line of Lot 12, to the Place of Beginning and covering 0.223 of an acre of land according to a survey made on the ground on July 29, 2013, by T'rl- County Surveying Inc. Corrospondirig plat prepared. f Project No_ 1204106E 1 sUsi€ r`rd a...,.,..•, ri�tiiaraq - ...r . Aubrey Holland - `t4 ►' 'ta` Registered istered Professional Land Surveyor No. 4493 50713256.2 A -2 NOTES SCALE PA43 ri EEARIYC IS 'AtS64 1'• = 100' lxkl .,JUTH r£YTRAL ZCfE. N:.. HAS a iLCC O L;4,E Th(EFiMAt74 FCA tt.E FRi:fEar Y Yly I . J £REk n J240 4C t s—� I n A4 it Y.lY., ARE 1,, /7 Dil/E7=�i REeFAR. xrl tt 5!) TA4' E ''' N" IN C' A/4X F•:}SAC 4JP STAWEQ `TPo- £OIIkTY J - ;•3f.a' N'I s /1€ CCASF:VW"0 « t4JTE3 PNt•ARtD .. t4 T I I W ROVEt mr. swr SNr.AW, I iI �� R 1.35 T a 14C.S3' i � i5 &ill � •I. tYt"..ch' LOT 1, HLK 1 J •1 -- gI JYORTIyMFFE COMMUNITY !w Wu ca•: tu.t., S •EC•T101Y 7,wo a 'I nG? L ..RBCG' I CH •- 5 2055'•,' E - �A ® >21 k :�Yra• .h. +w I i � ..i t$. 7'4 ac , LOT ! '` CTi s Ta•x'• t' t !. n,5v Dr N ' I iSp•G 1. tart, i,2tE' AT J5 tk -1 Rr Fil t�y.r�• -.. 14 N• r ?l -!•:'R I RACI (�s LEYG.N ( ;E T. I!.k! OVA 4G �T .45•YS _ eU f'+ w.rn I 12! TG�I $�,_ L-I 15'114 c41111' 7� _•:2 �3 c 192.6.!• Sr. lai.ls` �- -_ccn • Cana-,' —i �`•., Ii7 ` LOT _v 1: PREPARED FTTIr PLAT .ti'HOWJ.PVG St -WIT' OP A 10.00 FOOT FFIDE G.Vxc'. F.ASFMENT OVER A PORTION OF LOT I °r BLOCK 11, NORT71C'LIFFE EAST CO.41MV'VM'— SECTION ONE, PLAT le)'VORDEO IN VOL(IME 4, PAGE- 40, PLAT RRITORDS, GbADALUP£ COMTY, TF,kAS AND A PORTION OP 107' 13, FLOCK 11, NORTHCLIFF1i FAST COMMUNITY SECTION TNo, PLAT RECOP,DED IN VOLC-I. E 4. PAaF 76, PITT IrFr.ORDS, GUADALUPE COMM TE. ;AS, Si t:ATED !,V T11F TAMES R. CRE}' SLzF.1,R) NO. 255. ARSTR4rT 144, GUADALUPE COUNTY. TEXAS. STe„c Ct TOAN, CtY.,AtY Er r{IrQA_IFE. VTItI6 G i C. ca I•FFIPY GEary TI•a' , PAT A%s FAE?+R >D Fhiv 5N P'IUfL FLA'TY [h i-1, f31I7_r.L, �.• b: ti KRr. tlf IIN[nR Ltr I.v. StFEi'46#04 AtIJ Yttuil, .Y-, mp .rF&E _Ag1.Ey^_ O� EXMI AS .itiDl:F�`C,'HOLL411'7? - - -- woar Vra%T7F -.1 L4,9 1URWYCk NC. 4W F'L_,L" h ,; Yur +Ifr GrrL It.; I-,- 50713256.2 A -3 pk A VL . 71 .-° m ..r . Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: January 7, 2014 Department: City Manager /City Council Subject: Resolution No. 14 -R -07 Appointment of a City Attorney BACKGROUND Section 6.03 of the City Charter states that the City Council shall appoint a City Attorney for an indefinite period of time to serve as the chief legal advisor for the City, the City Council, the City Manager, and his /her staff. On September 10, 2013, the City Council requested staff to pursue Requests for Qualifications from law firms for legal services for the City of Schertz. City Council selected four finalist firms and conducted interviews during the months of October and November. On November 12, 2013, City Council unanimously approved the appointment of the law firm of Denton, Navarro, Rocha & Bernal, P.0 as City Attorneys and named Mr. Charles E. Zech as the City Attorney effective January 7, 2014. Council further directed the City Manager to negotiate a letter of engagement from Denton, Navarro, Rocha & Bernal, P. C. Goal Appoint Mr. Charles E. Zech as the City Attorney of the City of Schertz. Community Benefit Provide for continuity of service for the City's legal needs. Summary of Recommended Action Staff recommends Council approve Resolution No. 14 -R -07. FISCAL IMPACT This is a budgeted item in multiple funds of the City including the General Fund, Water & Sewer, and Economic Development. RECOMMENDATION Approve Resolution No. 14 -R -07 ATTACHMENT(S) Resolution No. 14 -R -07 Engagement Letter RESOLUTION NO. 14 -R -07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPOINTING MR. CHARLES E. ZECH, AN ATTORNEY WITH THE LAW FIRM OF DENTON, NAVARRO, ROCHA & BERNAL, P.C. AS THE CITY ATTORNEY OF THE CITY OF SCHERTZ; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, at the direction of the City Council of the City of Schertz (the "City "), the City Staff posted a Request for Qualifications for the position of City Attorney for the City of Schertz; and WHEREAS, the City Council reviewed all submittals for City Attorney and selected four finalist firms to be interviewed during the months of October and November; and WHEREAS, the law firm of Denton, Navarro, Rocha & Bernal, P.C. was one of those four finalists; and WHEREAS, the City Council has determined that it is in the best interest of the City to appoint the law firm of Denton, Navarro, Rocha & Bernal, P.C., as City Attorneys and to name Mr. Charles E. Zech, an attorney with the law firm of Denton, Navarro, Rocha & Bernal, P.C., as the City Attorney of the City of Schertz. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby appoints the law firm of Denton, Navarro, Rocha & Bernal, P.C., as City Attorneys and names Mr. Charles E. Zech, an attorney with the law firm of Denton, Navarro, Rocha & Bernal, P.C., as the City Attorney of the City of Schertz. 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. 50592860.2 1 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 7th day of January, 2014. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50592860.2 2 In the name and by the authority of The State of Texas OATH OF OFFICE I Charles E. Zech, do solemnly swear (or affirm), that I will faithfully execute the duties of City Attorney, for the City of Schertz, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. Affiant SWORN TO and subscribed before me by affiant on the 7th day of January 2014. Signature of Person Administering Oath (Seal) Printed Name Title Form #2204 Rio Grande Valley Office 701 East Harrison Suite 100 Harlingen, Texas 78550 -9165 Phone (956) 421 -4904 Fax (956) 421 -3621 Mr. John Kessel City Manager City of Schertz 1400 Schertz Parkway Schertz, TX 78154 DENTON, NAVARRO, ROCHA & BERNAL A Professional Corporation ATTORNEYS AND COUNSELORS SAN ANTONIO OFFICE 2517 North Main Avenue San Antonio, Texas 78212 -4685 Phone (210) 227 -3243 Fax (210) 225 -4481 www.rampagelaw.com November 13, 2013 Re: Engagement of Legal Services — City Attorney Dear Mr. Kessel: Austin Office 2500 W William Cannon Drive Suite 609 Austin, Texas 78745 -5257 Phone (512) 279 -6431 Fax (512) 279 6438 I would like to first thank the Mayor, City Council and you for the opportunity to represent the City of Schertz. I submit this engagement letter to the City, on behalf of our law firm, to provide City Attorney services to the City. I, Charles E. Zech will be the supervising partner and your primary contact for this engagement. Depending on your needs and work load, other lawyers in the firm may be used when necessary to increase our ability to respond to your needs and reduce your overall costs in connection with our engagement. Denton, Navarro, Rocha & Bernal, P.C., has found that the practice of billing clients on an hourly basis, for work actually completed, and with invoices submitted on a monthly basis, works best for our clients and us. Our invoices are due on receipt and are past due after thirty days. Our hourly billing rates for our engagement with the City are as follows: City Attorney Work/Economic Development General Counsel: $195 per hour for Partners and Senior Associates; $175 per hour for Junior Associates; $125 per hour for law clerks; $85 per hour for Paralegals. All expenses are charged at cost. Litigation Work: $245 per hour for Partners; $225 per hour for all Associates; $125 per hour for Law Clerks; and $85 per hour for Paralegals. City of Schertz November 13, 2013 Page 2 of 2 Labor Negotiations: $320 per hour for Lowell Denton; $295 per hour for all other Partners; $245 per hour for Albert Pena; $225 for Elizabeth Provencio; $175 per hour for all Associates; $125 per hour for Law Clerks; and $85 per hour for Paralegals. Public Integrity/Ethics: $350 per hour for Partners and Senior Associate Fischer; $250 per hour for all Associates; $150 per hour for Law Clerks; $95 per hour for Paralegals. Denton, Navarro, Rocha & Bernal will begin providing permanent City Attorney services on January 7, 2014. Between the date of execution of this letter of engagement and January 7, 2014, we will assist with transitioning between the City's outgoing legal counsel and our Firm. Please execute this letter in the space provided below to acknowledge our engagement on behalf of the City and return it to our office. Please return the executed letter to our office via facsimile at (210) 225 -4481 or by email at charles.zech(a)rampage- sa.com. We look forward to representing the City of Schertz as its City Attorney. Sincerely, DENTON, NAVARRO, ROCHA & BERNAL A Professional Corporation CHARLE . ZECH CEZ /eo Accepted: Date: '] — / 7 -13 Joh essel City Manager, City of Schertz Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: January 7, 2014 Department: City Manager Subject: Ordinance No. 14 -F -01 - Discussion and action regarding AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING ORDINANCE NO. 04 -F -09, CPS ENERGY; PROVIDING FOR ADOPTION; THERETO; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. (First Reading) BACKGROUND Goal Provide for management of the City's Rights -of -Way by utility companies. Community Benefit CPS Energy is one of three electric utilities in the City of Schertz. Franchise agreements are one method in which the City can effectively manage the use of the City's Rights -of Ways by these firms. The City has Franchise agreements directly with CPS Energy, New Braunfels Utilities, Guadalupe Valley Electric Cooperative, CenterPoint Energy; AT &T and Time Warner have a State - issued franchise agreement which permits telecommunication companies to have access to local Rights -of -Way. All firms pay Franchise Fees to the City for use of the Rights -of -Way. Summary of Recommended Action Adopt Ordinance No. 14 -F -0 1 on first Reading. Per City Charter, Council must wait 30 days before second and final reading on a franchise agreement on February 11, 2014; One week prior to final reading (February 4, 2014), the City Secretary will post the agreement on the City's web site. Once final 50448595.1 City Council Memorandum Page 2 approval has been granted, the Franchise agreement becomes effective 30 days later, March 13, 2014. This agreement is for 20 years; this length of term is the typical length of time for Franchise Agreements. Tonight, City Public Service (d/b /a CPS Energy) is proposing a 20 -year extension to its Franchise Agreement with the City of Schertz which expires February 28, 2014; the existing Agreement will remain in effect until the extension is effective March 13, 2014. The other proposed change is an increase in the Franchise Fee from 3 percent to 4 percent effective with start of the new franchise on March 13, 2014. This additional fee is already built into the planned 4.5 percent increase CPS has had approved by the City of San Antonio City Council. In a separate agenda item, staff is recommending that the added 1 percent of gross receipts to the City be segregated into the City of Schertz - controlled Community Infrastructure and Economic Development Fund. Staff recommends establishing the following uses for this fund: 1. To benefit the community and improve the quality of life of customers through the support of electric system improvements that have a public safety, public welfare to include environmental stewardship benefits to customers, and 2. To expand the economy of the City and thereby increase net electric revenues for the economic benefit of the City, or 3. Any other purpose the City Council may, in its opinion, supports economic activity of the City of Schertz. Other than an increase in Franchise Fee and change of dates, the agreement remains unchanged. Recommend approval on first reading. FISCAL IMPACT For FY 2013 -14, $420,837 is budgeted in the City's General Fund from CPS Energy; as the City grows, this number will increase in future years. For the proposed Community Infrastructure and Economic Development Fund, estimated annual revenue to be added to the fund is $140,279 or $70,140 for FY 2013 -14. RECOMMENDATION Approval of Ordinance No. 14 -F -01 ATTACHMENT Ordinance No. 14 -F -01 Existing Franchise Agreement with City Public Service. W 9 111 `K1 ra a [IA[ M MIZ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING ORDINANCE NO. 04 -F -09, CITY PUBLIC SERVICE (CPS ENERGY); PROVIDING FOR ADOPTION; THERETO; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance 04 -F -09, grants an electric and gas franchise for twenty years to City Public Service (CPS Energy); and WHEREAS, CPS Energy has requested an amendment to the existing franchise; and WHEREAS, the City of Schertz (City) finds that amending the franchise agreement and entering into the Addendum to Ordinance No. 04 -F -09 is in the best interests of the citizens of the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I. AMENDMENTS Ordinance No. 04 -F -09 is hereby amended to incorporate an Addendum to Ordinance No. 04 -F -09 that reflects the following changes and is attached in Exhibit 1: SECTION 1 DESCRIPTION. This agreement hereby grants the City of San Antonio, acting by and through the City Public Service Board, (CPS Energy), a twenty (20) year franchise commencing on March 13, 2014 for transmission, distribution and sale of electricity and gas within CPS Energy's certificated service area and within the City Schertz, Texas (Franchise Agreement). CPS Energy may construct, operate and maintain in, upon, over, under, and across the present and future streets, alleys, public ways and places within the City of Schertz, Texas (City) all the facilities CPS Energy deems reasonably necessary for the rendition of safe, reliable and economical electric and gas service (CPS Energy Facilities). SECTION 2. Payment for Street Rental. CPS Energy shall make a payment for street rental to the City in the amount of four percent (4 %) of CPS Energy's gross receipts from the sale of electricity and gas within the City. "Gross receipts" excludes uncollectibles. The payment for street rental shall be treated by CPS Energy as a system -wide cost of service, and shall not be identified separately on the customer bill. 2.1. The payment for street rental will reflect CPS Energy's gross receipts for such sales, on a quarterly basis and will be due to the City within thirty (30) days after the close of each quarter in CPS Energy's fiscal year. SECTION 3. Limitation on Assessments. No revision is made to this Section. SECTION 4. Audits. No revision is made to this Section. SECTION 5. Construction. Operation and Maintenance of Facilities. No revision is made to this Section. 5.1 No revision is made to this Subsection. 5.2 No revision is made to this Subsection. SECTION 6. Civic Improvements. No revision is made to this Section. SECTION 7. Use of Pole Space. No revision is made to this Section. SECTION 8. Rate Schedules. No revision is made to this Section. SECTION 9. Furnishing of Information. No revision is made to this Section. SECTION 10. Uniform Franchise Benefits. No revision is made to this Section. SECTION 11. Limited indemnity. No revision is made to this Section. SECTION 12. Effective Date. This Franchise Agreement shall become effective upon its adoption by the City in the form authorized by the board of CPS Energy. It shall supersede and take precedence over inconsistent ordinances, resolutions, or regulations hereafter or heretofore passed by the City. The payments provided for in SECTION 2 shall be effective for CPS Energy's gross receipts from electric and gas sales within the City commencing March 13, 2014, if this Franchise Agreement is adopted by the City on or before February 28, 2014, or otherwise shall be effective for CPS Energy's gross receipts from electric and gas sales within the City commencing the first day of the month following adoption by the City. SECTION 13. Headings. No revision is made to this Section. SECTION 14. Continuation of Agreement. No revision is made to this Section. SECTION 15. Assignment. No revision is made to this Section. Exhibit A: Confidentiality Agreement for an Inter - governmental Transfer of Information. No revision is made to this Exhibit. II. The City Manager is authorized to enter into and execute the Addendum with CPS Energy to Ordinance 04 -F -09. III. This Ordinance shall be cumulative of all provisions of ordinances of the City of Schertz, Texas, except where the provisions of the Ordinance are in direct conflict with the provisions such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. IV. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. PASSED ON FIRST READING, the 7th day of January, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of January, 2014. ATTEST: Brenda Dennis, City Secretary SIGNED: Michael Carpenter, Mayor Agenda No. 11 CITY COUNCIL MEMORANDUM City Council Meeting: January 7, 2014 Department: City Manager Subject: Ordinance No. 14 -T -02 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING FOR THE CREATION OF THE COMMUNITY INFRASTRUCTURE AND ECONOMIC DEVELOPMENT FUND; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. (First Reading) BACKGROUND Goal Provide a segregated fund to pay for economic development and electric system upgrades for use by the City. Community Benefit The largest growth in Schertz is in the CPS Energy service territory. CPS once had a fund to assist with economic development and electric system upgrade in this area. Since CPS's business model will require them to seek additional funding for certain upgrades such as wood to steel poles —the City can use the additional 1 percent being provided in the new franchise agreement to fund such projects and thus not tap the City's existing resources. Summary of Recommended Action Adopt an ordinance that creates such a fund for future use on special projects related to economic development and electric infrastructure. The CPS Energy Community Infrastructure and Economic Development (CIED) Fund was a fund that supported electric system improvements related to a City's economic development 50448595.1 City Council Memorandum Page 2 efforts until the program was terminated by the CPS Energy Board of Directors on January 30, 2012. Prior to its termination, funding for the program came from 1% of gross receipts on CPS Energy account holders in the City. This fund supported the City's economic development efforts by allowing the Economic Development Department to offer funds to help defray the costs of a project's electric infrastructure including running new lines and adding electric facilities to support many Schertz projects including the Caterpillar facility along with the Capital Group and Tesoro data centers. The program also was used for overhead wooden pole to steel pole conversion including the removal of utility poles at Crescent Bend Nature Park. Under the project's closure, remaining funds were distributed to participating cities including Schertz. The Finance Department has segregated the payments into a separate fund (LIED Fund in the General Fund) for tracking purposes. Though the City can essentially spend these funds as it desires, staff recommends using these funds for their original purpose: economic development and electric utility related projects in the CPS Energy portion of the City. $264,330 has been received since the closure of this fund by CPS Energy; two projects have been funded out of this fund (Capital Group property tax rebate and a Pfeil Road wood to steel pole conversion) leaving a balance of $92,427. Tonight, CPS Energy is proposing a 20 -year extension to its Franchise Agreement with the City of Schertz. Among the proposed changes is an increase in the Franchise Fee from 3 percent to 4 percent effective with start of the new franchise on March 13, 2014. This additional fee is already built into the planned 4.5 percent increase in fees system -wide that CPS has had approved by the City of San Antonio City Council. Staff is recommending that the added 1 percent of gross receipts to the City be segregated into the City of Schertz - controlled Community Infrastructure and Economic Development Fund. Staff recommends establishing the following uses for this fund: 1. To benefit the community and improve the quality of life of customers through the support of electric system improvements that have a public safety, public welfare to include environmental stewardship benefits to customers, and 2. To expand the economy of the City and thereby increase net electric revenues for the economic benefit of the City, or 3. Any other purpose the City Council may, in its opinion, supports economic activity of the City of Schertz. FISCAL IMPACT Estimated annual revenue to be added to the fund is $140,279 or $70,140 for FY 2013 -14 RECOMMENDATION Approval of Ordinance No. 14 -T -02 ATTACHMENT Ordinance No. 14 -T -02 ORDINANCE NO. 14 -T -02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING FOR THE CREATION OF THE CITY PUBLIC SERVICE (CPS ENERGY) COMMUNITY INFRASTRUCTURE AND ECONOMIC DEVELOPMENT FUND; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance 04 -F -09, effective March 1, 2004, grants an electric and gas franchise for twenty years to City Public Service (CPS Energy); and WHEREAS, CPS Energy has requested an amendment to the existing franchise; and WHEREAS, the City of Schertz (City) finds that amending the franchise agreement and entering into the Addendum to Ordinance No. 04 -F -09 is in the best interests of the citizens of the City as codified in Ordinance No. 14 -T -02; and WHEREAS, the Addendum increases the Franchise Fee from 3 to 4 percent of gross receipts; and WHEREAS, the City of Schertz has budgeted 3 percent Franchise Fee revenues for FY 2013 -14 and has not budgeted the additional 1 percent increase in Franchise Fee revenues the City will begin receiving in March 2014; WHEREAS, the City of Schertz has previously received funds from CPS Energy Community Infrastructure and Economic Development once the program was closed; and WHEREAS, the City of Schertz desires to create its own Community Infrastructure and Economic Development Fund with the additional 1 percent increase in Franchise Fee revenues from CPS Energy for use in economic development, electric system improvements and other purposes ; and WHEREAS, Ordinance No. 14 -F -01 is scheduled to take effect March 13, 2014. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. City Council authorizes the creation of a Community Infrastructure and Economic Development Fund (CIED Fund) to be funded by one - fourth of the Franchise Fee received from City Public Service, d /b /a CPS Energy, beginning March 13, 2014. The City reserves the right to amend the amount of the Franchise Fee allocation based on various reasons, including any increases to the Franchise Fees received from CPS Energy during the duration of the franchise agreement or at the time of the renewal of the agreement. Section 2. Funds from the City's CIED fund shall be appropriated by project by Resolution of the City Council for the following purposes: 1. To benefit the community and improve the quality of life of customers through the support of electric system improvements that have a public safety or public welfare benefit to customers, or 2. To expand the economy of the City and thereby increase net electric revenues for the economic benefit of the City, or 3. Any other purpose the City Council may, in its determination, supports economic activity or electric system improvements in the City of Schertz. Section 3. This ordinance is effective upon the effective date of Ordinance No.14 -F -01, March 13, 2014. Section 4. This Ordinance shall be cumulative of all provisions of ordinances of the City of Schertz, Texas, except where the provisions of the Ordinance are in direct conflict with the provisions such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Section 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. PASSED ON FIRST READING, the 7th day of January, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of January, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Agenda No. 12 CITY COUNCIL MEMORANDUM City Council Meeting: January 7, 2014 Department: Development Services Subject: Ordinance No. 14 -M -03 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz approving a Boundary Adjustment Agreement between the City of Schertz and the City of Cibolo, adjusting the boundaries of the City of Schertz in accordance with such agreement. First Reading (B. James/B.James) BACKGROUND The City of Cibolo is in the process of annexing a tract of land into their City. That tract is located adjacent to the City of Schertz, just to the southeast of the existing Whisper Meadows at Northcliffe II Subdivision. Working together, the staffs of both cities determined that there is a slight discrepancy in the boundary of the two cities established in 2001 per Ordinance 01 -A -26. The proposed Ordinance 14 -M -03 approves a boundary adjustment agreement, with the City of Cibolo to adjust the boundary between the two cities. The agreement stipulates and cedes a small area to Cibolo and also incorporates another small area into Schertz. The agreement includes a joinder for the owner of the property in question. Goal Adjust the boundary between the City of Schertz and the City of Cibolo to provide for orderly development and efficient and effective delivery of city services. Community Benefit Effective and efficient delivery of city services to the citizens of both communities. Summary of Recommended Action Staff is recommending approval of Ordinance 14 -M -03. City Council Memorandum Page 2 FISCAL IMPACT None RECOMMENDATION Staff recommends approval of Ordinance 14 -M -03 approving a Boundary Adjustment Agreement between the City of Schertz and the City of Cibolo, adjusting the boundaries of the City of Schertz in accordance with such agreement. ATTACHMENT Ordinance No. 14 -M -03 Boundary Adjustment Agreement Exhibit A Boundary Clarification Exhibit B Boundary Discrepancy ORDINANCE NO. 14 -M -03 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A BOUNDARY ADJUSTMENT AGREEMENT WITH THE CITY OF CIBOLO, TEXAS, AND ADJUSTING THE BOUNDARIES OF THE CITY OF SCHERTZ, TEXAS IN ACCORDANCE WITH SUCH AGREEMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property depicted on Exhibit A (the "Proper ") to the Boundary Adjustment Agreement attached hereto as Schedule I and incorporated herein for all purposes (the "Agreement'), is located with the municipal boundary limits of City of Schertz, Texas ( "Schertz "). WHEREAS, the Property is a small sliver of a larger tract of land (the "Overall Tract") owned by ( the "Property Owner "). WHEREAS, all of the Overall Tract, except for the Property, is located in the Cibolo extraterritorial jurisdiction (the "Cibolo ETJ "). WHEREAS, the City of Cibolo, Texas ( "Cibolo ") desires to annex the Overall Tract, including the Property, into the municipal boundary limits of Cibolo. WHEREAS, the Property Owner also desires for Cibolo to annex the Overall Tract, including the Property, into the municipal boundary limits of Cibolo. WHEREAS, in addition, near the Overall Tract, the boundary line of the Cibolo ETJ and the boundary line of the municipal boundary limits of Schertz cross, leaving a gap, which gap is more particularly depicted on Exhibit B to the Agreement (the "Gap Property "). WHEREAS, for clarification and to remove the gap, Cibolo and Schertz desire to establish that the Gap Property is and shall be located within the municipal boundary limits of Schertz. WHEREAS, Section 43.031 of the Texas Local Government Code authorizes adjacent municipalities to make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width. WHEREAS, Schertz and Cibolo are adjacent municipalities. WHEREAS, the Property is less than 1,000 feet in width, and the Gap Property is less than 1,000 feet in width. WHEREAS, it is the intent of Schertz and Cibolo to make mutually agreeable changes in their boundaries in order to modify the Schertz municipal boundary limits and to modify the limits of the Cibolo ETJ in accordance with the terms of the Agreement, by releasing the Property from the Schertz municipal boundary limits so that Cibolo can include the Property in the Cibolo ETJ and so that Cibolo can annex the Property into its municipal boundary limits and by establishing that the Gap Property is and shall be located within the municipal boundary limits of Schertz. WHEREAS, the depiction set forth on Exhibit C to the Agreement shows the boundary lines of the Schertz municipal boundary limits and the Cibolo ETJ limits with respect to the limits located near the location of the Property and the Gap Property as of the effective date of the Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The Agreement is hereby approved, and the City Manager, or his designee, is hereby authorized to execute and deliver the Agreement. Further, upon the effective date of the Agreement, the boundary line of the Schertz municipal boundary limits shall be adjusted as reflected in 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. 50726624.1 - 2 - PASSED ON FIRST READING, the 7th day of January, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of .2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50726624.1 - 3 - Schedule 1 Boundary Adjustment Agreement BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CITY OF CIBOLO, TEXAS This Boundary Adjustment Agreement (the " Agreement") is entered into as of the date signed by the last of the parties hereto (the "Effective Date ") between the City of Schertz, Texas, a Texas home rule municipality ( "Schertz "), and the City of Cibolo, Texas, a Texas home rule municipality ( "Cibolo "), and joined by (the "Property Owner "). WHEREAS, the property depicted on Exhibit A attached hereto and incorporated herein for all purposes (the "Property ") is located with the municipal boundary limits of Schertz. WHEREAS, the Property is a small sliver of a larger tract of land (the "Overall Tract ") owned by the Property Owner. WHEREAS, all of the Overall Tract, except for the Property, is located in the Cibolo extraterritorial jurisdiction (the "Cibolo ETJ "). WHEREAS, Cibolo desires to annex the Overall Tract, including the Property, into the municipal boundary limits of Cibolo. WHEREAS, the Property Owner also desires for Cibolo to annex the Overall Tract, including the Property, into the municipal boundary limits of Cibolo. WHEREAS, in addition, near the Overall Tract, the boundary line of the Cibolo ETJ and the boundary line of the municipal boundary limits of Schertz cross, leaving a gap, which gap is more particularly depicted on Exhibit B attached hereto and incorporated herein for all purposes (the "Gap Property "). WHEREAS, for clarification and to remove the gap, Cibolo and Schertz desire to establish that the Gap Property is and shall be located within the municipal boundary limits of Schertz. WHEREAS, Section 43.031 of the Texas Local Government Code authorizes adjacent municipalities to make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width. WHEREAS, Schertz and Cibolo are adjacent municipalities. WHEREAS, the Property is less than 1,000 feet in width, and the Gap Property is less than 1,000 feet in width. WHEREAS, it is the intent of Schertz and Cibolo to make mutually agreeable changes in their boundaries in order to modify the Schertz municipal boundary limits and to modify the limits of the Cibolo ETJ in accordance with the terms hereof by releasing the Property from the Schertz municipal boundary limits so that Cibolo can include the Property in the Cibolo ETJ and so that Cibolo can annex the Property into its municipal boundary limits and by establishing that the Gap Property is and shall be located within the municipal boundary limits of Schertz. 50727029.1 - 1 - WHEREAS, it is the intent of Cibolo to annex the Property into the Cibolo municipal boundary limits no later than , 2014 (the "Outside Annexation Date "). NOW THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, Schertz and Cibolo agree as follows: 1. Relinquishment of the Property from Schertz Municipal Boundary Limits. Schertz does hereby relinquish the Property from its municipal boundary limits and apportion the Property to the Cibolo ETJ. 2. Acceptance of the Property into Cibolo ETJ. Cibolo does hereby accept the apportionment of the Property into the Cibolo ETJ. 3. Gap Property. Schertz and Cibolo hereby clarify and establish that the Gap Property is and shall be located within the Schertz municipal boundary limits. To the extent necessary to effectuate the foregoing, Cibolo does hereby relinquish the Gap Property from the Cibolo ETJ and Schertz does hereby accept the apportionment of the Property into the Schertz municipal boundary limits. 4. Boundary Lines Upon the Effective Date. The depiction set forth on Exhibit C attached hereto and incorporated herein for all purposes shows the boundary lines of the Schertz municipal boundary limits and the Cibolo ETJ limits with respect to the limits located near the location of the Property and the Gap Property, as of the Effective Date. 5. Annexation of the Property. Cibolo agrees to annex the Property into its municipal boundary limits effective not later than the Outside Annexation Date. Cibolo agrees to notify the City Manager of Schertz in writing not later than the Outside Annexation Date that Cibolo has annexed the Property by such date. 6. Joinder by Property Owner; Application for Voluntary Annexation. The Property Owner, by its joinder to this Agreement, agrees to the terms of this Agreement and, in furtherance thereof, agrees that this Agreement constitutes a petition to Cibolo for voluntary annexation requesting that Cibolo annex the Property into the municipal boundary limits of Cibolo not later than the Outside Annexation Date. 7. Property Owner Release. By its joinder to this Agreement, THE PROPERTY OWNER, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (THE "RELEASING PARTIES"), TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY FULLY, FINALLY, AND FOREVER RELEASES AND DISCHARGES SCHERTZ, TOGETHER WITH EACH OF SCHERTZ'S AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING PARTIES' RESPECTIVE COUNCILMEMBERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (THE "RELEASED PARTIES") FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DEBTS, DEMANDS, LIABILITIES, OBLIGATIONS, AND SUITS, OF WHATEVER HIND OR NATURE, IN LAW OR EQUITY (INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS OF FRAUD, DURESS, CONTROL, MISTAKE, NEGLIGENCE, GROSS NEGLIGENCE, WRONGFUL CONDUCT, AND TORTIOUS 50727029.1 - 2 - INTERFERENCE), THAT EACH OF THE RELEASING PARTIES HAS, WHETHER KNOWN OR UNKNOWN, LIQUIDATED OR UNLIQUIDATED, ABSOLUTE, CONTINGENT OR SPECULATIVE, DIRECT OR INDIRECT, PRESENTLY ACCRUED OR TO ACCRUE HEREAFTER, FORESEEN OR UNFORESEEN, DIRECTLY OR INDIRECTLY AS A RESULT OF, ARISING UNDER, RELATED TO, ON ACCOUNT OF OR OTHERWISE WITH RESPECT TO THIS AGREEMENT, THE RELEASE OF THE PROPERTY FROM THE MUNICIPAL BOUNDARY LIMITS OF SCHERTZ, ANY LACK OF MUNICIPAL SERVICES TO THE PROPERTY UPON AND FOLLOWING THE EFFECTIVE DATE, OR THE FAILURE OF CIBOLO TO ANNEX THE PROPERTY INTO THE CIBOLO MUNICIPAL BOUNDARY LIMITS, INCLUDING WITHOUT LIMITATION, ANY ACT, OMISSION, COMMUNICATION, TRANSACTION, OCCURRENCE, REPRESENTATION, PROMISE, DAMAGE, BREACH OF CONTRACT, FRAUD, VIOLATION OF ANY STATUTE OR LAW, COMMISSION OF ANY TORT, OR ANY OTHER MATTER WHATSOEVER OR THING DONE, OMITTED OR SUFFERED TO BE DONE BY ANY OF THE RELEASED PARTIES WITH RESPECT THERETO. IT IS THE INTENTION OF EACH OF THE RELEASING PARTIES THAT THE ABOVE RELEASE SHALL BE EFFECTIVE AS A FULL AND FINAL RELEASE OF EACH AND EVERY MATTER SPECIFICALLY AND GENERALLY REFERRED TO ABOVE. EACH OF THE RELEASING PARTIES ACKNOWLEDGES AND REPRESENTS THAT IT HAS BEEN ADVISED BY INDEPENDENT LEGAL COUNSEL WITH RESPECT TO THE AGREEMENTS CONTAINED HEREIN. THIS SECTION 7 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 8. No Waiver; No Third Party Beneficiaries. Each Party reserves and does not waive any defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from or in connection with this Agreement. This Agreement shall not be interpreted nor construed to give to any third parry the right to any claim or cause of action, and neither Schertz nor Cibolo shall be held legally liable for any claim or cause of action arising pursuant to or in connection with this Agreement except as specifically provided herein or by law. Neither Party waives or relinquishes any immunity or defense on behalf of itself, its trustees, councilmembers, officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants and agreements contained herein. 9. Approval by the Cibolo City Council and the Schertz City Council. By signing this Agreement, Cibolo and Schertz each represent that the Agreement has been approved by its respective City Council. 10. Severability. If any provision of this Agreement shall be deemed void or invalid, such provision shall be severed from the remainder of this Agreement, which shall remain in force and effect to the extent that it does not destroy the benefit of the bargain. 11. Entire Agreement. This Agreement is the entire agreement between the Parties as to the subject matter hereof and supersedes any prior understanding or written or oral agreement relative to the subject matter hereof. This Agreement may be amended only by written instrument duly approved and executed by both Parties in accordance with the formalities of this Agreement. 50727029.1 - 3 - 12. Governing Law; Venue. The Parties agree that this Agreement shall be construed under the laws of the State of Texas, and obligations under the Agreement shall be performed in Guadalupe County, Texas. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in the State District Court of Guadalupe County, Texas. The Parties agree to submit to the jurisdiction of said court. [ Signatures on the following pages] 50727029.1 - 4 - SIGNATURE PAGE TO BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CITY OF CIBOLO, TEXAS IN WITNESS WHEREOF, the undersigned has entered into this Agreement as of the date of the acknowledgement to be effective as of the Effective Date. CITY OF SCHERTZ, TEXAS, a Texas municipal corporation STATE OF TEXAS § COUNTY OF GUADALUPE § John C. Kessel, City Manager This instrument was acknowledged before me on the day of , 2014, by John C. Kessel, the City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of said city. [ SEAL ] Notary Public in and for the State of Texas Printed Name of Notary: My Commission Expires: 50727029.1 S -1 SIGNATURE PAGE TO BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CITY OF CIBOLO, TEXAS IN WITNESS WHEREOF, the undersigned has entered into this Agreement as of the date of the acknowledgement to be effective as of the Effective Date. CITY OF CIBOLO, TEXAS, a Texas municipal corporation By: Name: Title: STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the , the Texas municipal corporation, on behalf of said city. [ SEAL ] day of , 2014, by of the City of Cibolo, Texas, a Notary Public in and for the State of Texas Printed Name of Notary: My Commission Expires: 50727029.1 S -2 JOINDER TO BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CITY OF CIBOLO, TEXAS IN WITNESS WHEREOF, the undersigned has executed this Joinder to the Agreement as of the date of the acknowledgement to be effective as of the Effective Date, in order to agree to the terms of the Agreement, including, without limitation, Sections 6 and 7 of the Agreement. PROPERTY OWNER: a By: Name: Title: STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of 2014, by the of a Texas on behalf of said [ SEAL ] Notary Public in and for the State of Texas Printed Name of Notary: My Commission Expires: 50727029.1 S -3 Exhibit A Depiction of the Property 50727029.1 Exhibit A, Page 1 50727029.1 Exhibit B, Page 1 Exhibit B Depiction of the Gap Property 50727029.1 Exhibit B, Page 1 �..�I�,1�� 1._� P' ��Y Exhibit C Depiction of the Boundary Lines as of the Effective Date 50727029.1 Exhibit C, Page 1 0 VO 0< SCH IE RITZ r Last Update: January 2, 2014 r c x III s City of Schertz, GIS Coordinator: Tony McFalls, amcfalls @schertz.wm (210) 619 -1184 his protluct is for informational purposes antl may not have been pre —d for or be suitable for legal, engineering, or surveying purposes. It--the-ground survey antl represents only the approximate rel — location of property bo -- an Exhibit A Municipal Boundary Clarification L1 N 30° 35'2S" W 26.48' L2 N 59° 28'34" E 76.45' m' N 39° 00'4S" E 131.35 L4 N 54° 13' 55" W 115.61' 0< SCH IE RITZ r Last Update: January 2, 2014 r c x III s City of Schertz, GIS Coordinator: Tony McFalls, amcfalls @schertz.wm (210) 619 -1184 his protluct is for informational purposes antl may not have been pre —d for or be suitable for legal, engineering, or surveying purposes. It--the-ground survey antl represents only the approximate rel — location of property bo -- an Exhibit A Municipal Boundary Clarification L1 N 30° 35'2S" W 26.48' L2 N 59° 28'34" E 76.45' L3 N 39° 00'4S" E 131.35 L4 N 54° 13' 55" W 115.61' vRE N WEE S 1 Inch = 300 Feet Feet 100 200 400 600 800 os ssa � 2 CP�o„ Ordinance �O O r: 01_q_2.6 No 0 0 tis�s 59 1� 3 S 2 1 N 30 -35 -25 W - 26.48 ft N 5%2801 E - 76.45 ft 0 3. N 39 --45 E - 131.35 ft 4. N 54 -13 -55 W - 115.61 ft N ol W E S 0 100 200 400 600 800 1,000 Feet