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06-10-2014 Agenda with backup
REGULAR SESSION CITY COUNCIL June 10, 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 — City Council Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Pastor Luke Evans, Christ Church — San Antonio) City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) • Announcements and recognitions by City Manager (J. Kessel) Presentations • Presentation from the 100 Club for small grant to the Police Department. (M. Hansen/J. Correu) • Presentation on updated VisitSchertz.com website. (J. Takemura /M. Spence /L. Klepper /B. Cantu/M. Clauser) 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. 06 -10 -2014 Council Agenda Workshop • Discussion on the process and possible direction regarding designating Tri- County Parkway as "Honorary Mayor Bueker Blvd." (J. Kessel /B. Cantu) Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Approve the minutes of the regular meeting of June 3, 2014 Q. Kessel /B. Dennis) 2. Ordinance No. 14 -F -18 — Approval of an Ordinance amending Ordinance No. 14 -F- 01, City Public Service (CPS Energy); amending the City's Franchise Fee. Final Reading Q. Kessel/J. Kessel) 3. Resolution No. 14 -R -49 — Approve a Resolution amending Resolution No. 14 -R -36 authorizing a Landscape Construction and Maintenance Agreement with the Texas Department of Transportation regarding the landscaping of the Comal Settlement Historical Marker. (J. Kessel /B. James) Discussion and Action Items 4. Ordinance No. 14 -S -29 - Conduct a public hearing and consider action on a request PH to rezone approximately 434 acres of land, generally located on IH -35 Frontage Road approximately 350 ft. east of the intersection of IH -35 Frontage Road and Covers Cove, from General Business (GB) to Planned Development District (PDD). First Reading (B. James /L. Wood /B. Cox) 5. Ordinance No. 14 -T -27 — Consideration and /or action approving an Ordinance authorizing a budget adjustment to establish additional expenditures in the FY 2013/14 Budget related to the upgrading of Fiber provided by Time Warner Cable. First Reading (B. James /M. Clauser) 6. Ordinance No. 14 -T -30 — Consideration and/or action approving an Ordinance authorizing a budget amendment to establish additional expenditures in the FY 2013/14 budget related to the Southern Watershed Regional Water Reclamation Plant. First Reading (J. Bierschwale /S. Willoughby /C. Raleigh) Roll Call Vote Confirmation 06 -10 -2014 City Council Agenda Page - 2 - Requests and Announcements 7. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 9. 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 10. City Council will meet in closed session under section 551.087 Texas Government Code, Deliberation regarding Economic Development Negotiations with business prospect E -003 and E -004. Reconvene into Regular Session 10.a. Take any necessary action based on discussions held in closed session under Agenda Item number 10. Roll Call Vote Confirmation Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 5TH DAY OF JUNE 2014 AT 2:30 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. g�ev�,�a �eww�s Brenda Dennis CPM, TRMC, MMC, City Secreta 06 -10 -2014 City Council Agenda Page - 3 - I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2014. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor Pro -Tem Scagliola — Place 2 Audit Committee Animal Control Advisory Committee Hal Baldwin Scholarship Committee Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions Schertz Seguin Local Government Corporation Investment Advisory Committee Interview Committee for Boards and Commissions TIRZ II Board Sweetheart Advisory Committee Councilmember Fowler — Place 1 Councilmember John - Place 3 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Randolph Joint Land Use Study (JLUS) Executive Committee Councilmember Edwards — Place 4 Councilmember — Duke — Place 5 Audit Committee Audit Committee ASA Commuter Rail District Board — Lone Star Investment Advisory Committee Hal Baldwin Scholarship Committee 06 -10 -2014 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: June 10, 2014 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a regular meeting on June 3, 2014. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting on June 3, 2014. ATTACHMENT Minutes — regular meeting June 3, 2014 MINUTES REGULAR MEETING June 3, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 3, 2014, at 5:30 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Jim Fowler Councilmember Cedric Edwards Staff Present: Deputy City Manager John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Mayor Pro -Tern David Scagliola Councilmember Daryl John Councilmember Matthew Duke City Manager John Kessel Executive Director Brian James City Attorney Charles Zech Deputy City Secretary Donna Schmoekel Call to Order Mayor Carpenter called the Regular Meeting to order at 5:32 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas Councilmember Fowler provided the invocation followed by the Ple es of Allegiance to the Flags of the United States and the State of Texas. Executive Session 44% IV Mayor Carpenter recessed into executive session at 5:35 p.m. 1. City Council will meet in closed session under section 551.074 Evaluation of the City Secretary and Deputy City Secretary. Councilmember Edwards left at 6:00 p.m. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 8:27 p.m. 1 a. Take any necessary action based on discussions held in closed session under Agenda Item number 1. No action taken. City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) 06 -03 -2014 Minutes Page - 1 - Mayor Carpenter recognized Executive Director of Development Brian James who provided the following announcements and upcoming events: • Wednesday, June 4, 2014, Visitation and Viewing for former Councilmember Joseph Potempa, Schertz Funeral Home, 5:00 p.m. to 9:00 p.m., with a rosary to be recited at 7:00 p.m. Funeral Mass will be held on Thursday, June 5, 2014, at 9:00 a.m., Good Shepherd Catholic Church. Interment will follow at Fort Sam Houston National Cemetery with the United States Air Force Honors. • Thursday, June 5, 2014, Chick- Fil -A, Grand Opening and Ribbon Cutting, 6038 FM 3009, 9:00 a.m. to 2:00 p.m. • Friday, June 6, 2014, Cibolo Dental Ribbon Cutting, 3893 Cibolo Valley Drive, Suite 104, Cibolo, at 11:00 a.m. • Tuesday, June 17, 2014, 5:00 p.m., Local Author Scott Hubbartt, will be visiting the Schertz Library to speak about his new book "A Short Walk to the Edge of Life" A • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated thNonT ay, May 27, 2014, members of EMS and the Fire Department deployed the Ambus c"iwn to the VA Hospital in Kerrville as they had lost power and lost their backup generators. They stayed for eight hours keeping everyone safe in that facility until power was restored. City Manager John Kessel thanked Kellie Scurlock, Jason Burch, Leon Allegretti, Mike Shown and Mike Consentino. Yr Hearing of Residents: Mayor Carpenter recognized the following who spoke: - Mr. Robert Brockman, 1000 Elbel, who addressed the Council regarding the need to update the City's billboard on IH 35, as it still shows information on the Jazz Fest. City Manager John Kessel stated that they would normally switch out to the "10 miles to San Antonio, Schertz largest Suburb" sign after that event; it turns out that that particular vinyl became unserviceable and we are in the process of having it remade. The City will be placing the 4th of July Jubilee information on the billboard fairly oon. 11 V Workshop Discussion and possible action regarding presentation formats (Item requested by Mayor Carpenter) (J. Kessel /B. James) Mayor Carpenter recognized Executive Director of Development Brian James who stated that the idea was to standardize presentations to Council. Mr. James provided a Power Point presentation with the proposed two Power Point templates which are intended to better promote the City's brand and ensure consistency across departments when making presentations to City Council and other organization. He stated these templates are to be used by all City Departments except Economic Development which has its own brand. Mr. 06 -03 -2014 Minutes Page - 2 - James indicated that the City Manager may approve alternate templates on a case by case basis. He stated the template with the white background should use dark blue and/or brown letters that matches the color on the City's business cards, with the Schertz logo at the bottom. White letters should be used for the template with the blue background. Arial font should generally be used. Page numbers should be provided on all slides, and when emailing digital versions of PowerPoint presentations the document should be converted to a PDF. Mayor Carpenter indicated that he had asked this be placed on the agenda and that it may be a small thing to have a consistent presentation format, but if it is something that we begin to discipline, in his mind today, when we become of City of 50, 60, or 75,000 it will create a consistent brand image. This becomes more and more important and germane to who we are as a growing City and a bigger concern within the region and across Texas as we go further. Mayor Carpenter indicated that this again may seem a simple thing but that over time these details will add to definition of who we are and our brand image. This will serve us well down the road. Mayor Carpenter thanked M Ames. Consent Agenda Items U Mayor Carpenter recognized Councilme Fowler who requeded agenda item 4 be removed from the consent agenda for separate actioi The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 2. Minutes — Approve the minutes of the regular meeting of May 27, 2014 (J. Kessel /B. Dennis) 3. Resolution No. 14 -R -46 — Approval of a Resolution approving and authorizing an amended agreement between the City and Green Valley Special Utility District with respect to the boundary lines of the Certificates of Convenience and necessity held by each provision of water service to users pursuant to the Texas Water Code, and other matters in connection therewith. (J. Bierschwale /S. Willoughby) The following was read into record: RESOLUTION NO. 14 -R -46 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING RESOLUTION 14 -R -23 APPROVING AND AUTHORIZING AN AMENDED AGREEMENT BETWEEN THE CITY AND GREEN VALLEY SPECIAL UTILITY DISTRICT WITH RESPECT TO THE BOUNDARY LINES OF THE CERTIFICATES OF CONVENIENCE AND NECESSITY HELD BY EACH PROVISION OF WATER SERVICE TO USERS PURSUANT TO THE TEXAS WATER CODE, AND OTHER MATTERS IN CONNECTION THEREWITH 06 -03 -2014 Minutes Page - 3 - Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro - Tem Scagliola to approve the consent agenda items 2 and 3. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Duke voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried. Discussion and Action Items 4. Resolution No. 14 -R -47 — Approval of a Resolution amending the Performance Management and Probation Policy contained within the City of Schertz Employee Policy Handbook. (J. Kessel /J. Smith) The following was read into record: RESOLUTION NO. 14 -R -47 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING CHANGES TO THE CITY'S PERFORMANCE MANAGEMENT AND PROBATION POLICY AS CONTAINED IN THE CITY OF SCHERTZ EMPLOYEE POLICY HANDBOOK AND THE CREATION OF THE EMPLOYEE CLASSIFICATION POLICY TO BE ADDED TO THE EMPLOYEE POLICY HANDBOOK. Mayor Carpenter recognized Human Resource Director Josh Smith who introduced this item addressing questions from Council. Mr. Smith stated the employee policy handbook was last updated in May, 2008. Many of the policies contained within the policy handbook should be updated to meet legal and operational compliance. Mr. Smith stated staff has performed their due diligence in ensuring the proposed changes to personnel policy are appropriate through the following process: 1. Benchmark best practices of other municipalities in the South - Central Texas Region. 2. Solicit input from key stakeholders and Subject Matter Experts (SME) 3. The development of an ad -hoc review committee consisting of individuals from various departments to ensure the policies fit the unique needs, culture, and values of the City of Schertz. 4. Vet policies through other review committees consisting of: a. Administrative Assistants (Gatekeepers) b. Department Heads c. City Management d. City Employment Attorney e. City Council 06 -03 -2014 Minutes Page - 4 - Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro- Tern Scagliola to approve Resolution No.14 -R -47. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Duke voting yes and no one voting no. Cou n cilm em ber Edwards was absent. Motion Carried. 5. Resolution No. 14 -R -45 — Consideration and/or action approving a Resolution authorizing the Implementation of the Stormwater Management Plan and approving the Notice of Intent for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4) under the Texas Pollutant Discharge Elimination System Phase II MS4 General Permit (TXR040000) for the City. (J. Bierschwale /L. Busch) The following was read into record: RESOLUTION NO. 14V-45 A RESOLUTION BY THE CITY COUNCIL O OF SCHERTZ, TEXAS AUTHORIZING THE IMPLEMENTATION OF THE STORMWATER MANAGEMENT PLAN AND APPROVING THE NOTICE OF INTENT FOR STORMWATER DISCHARGES FROM SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4) UNDER THE TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM PHASE II MS4 GENERAL PERMIT (TXR040000) FOR THE CITY AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized recently promoted Stormwater Manager Larry Busch who introduced this item stating that the Federal Water Pollution Control Act was passed in 1972. After the law was amended in 1977, it became commonly known as the Clean Water Act. The Clean Water Act (The Act) established the structure for federal regulation of pollutant discharges into the waters of the United States, authorized the Environmental Protection Agency (EPA) to implement pollution control program, extended the requirements to establish standards or surface water contaminants, and made it unlawful to discharge unpermitted point source pollutants into navigable water. The Act also established funding for construction of sewage treatment plants and promoted planning to address non -point source pollution. In order to reduce stormwater pollution, amendments were made to the Clean Water Act in 1987, requiring stormwater discharges to be permitted in two phases. Phase 1 applied, among other things, to large cities with separate stormwater sewer systems. The regulations required these cities to obtain National Pollutant Discharge Elimination System ( NPDES) permits. The permit process imposed controls on the cities to reduce pollution in stormwater discharges. Phase 2 applies to smaller cities. In 1999, the EPA issued final regulations for Phase 2 and required certain smaller cities to obtain NPDES permits. The Texas Commission on Environmental Quality (TCEQ) issued the Texas Pollutants Discharge Elimination System General Permit Number TXR040000 (General Permit) for Phase 2 Stormwater on August 13, 2007, in order to create a mechanism for non -Phase 1 Texas cities with populations of over 1,000 to come into compliance with the federal regulations. 06 -03 -2014 Minutes Page - 5 - On December 13, 2013, TCEQ issued a revision to the General Permit that replaces the 2007 version. With the new General Permit all Municipal Separate Storm Sewer Systems (MS4s) are defined by levels based on the population served in an urban area according to the 2010 decennial census. Schertz' population in the 2010 decennial census was 31,465, defining the community as a Level 2 Small MS4. The process for a Level 2 Small MS4 applying for coverage under and maintaining conformance to the General Permit begins with submitting two documents to TCEQ. The first document is a form provided by TCEQ called a Notice of Intent. The second document is the Stormwater Management Plan (SWMP). In addition to submitting the Notice of Intent and the SWMP, the City must maintain records on the SWMP, submit an annual report to TCEQ on each of the permit years, and submit other records to TCEQ when requested. The records must include documentation pertaining to, among other things, the effectiveness of Best Management Practices that will be implemented to reduce pollutants and shall be included in the annual reports as required in Part IV.13.2 of the General Permit. The records must also be kept available to the public. Any changes to the SWMP must be included in the annual report as described in Part IV.B.2. of the General Permit and must meet the requirements of Part ILD.1. of the General Permit. The City must report non - compliance with the General Permit to TCEQ and maintain accurate records at TCEQ offices. t Mayor Carpenter recognized Mayor Pro -Tem Scagliola o moved, seconded by Councilmember Fowler to approve Resolution No. 14 -R -45. e vote was unanimous with Mayor Pro -Tem Seagliola, Councilmembers Fowler, John, and Duke voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried. 6. Ordinance No. 14 -B -28 — Consideration and approval of an Ordinance by the City Council of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas General Obligation Refunding Bonds, Series 2014 ", levying an annual Ad Valorem Tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; authorizing the execution of a Paying Agent /Registrar Agreement, a Purchase Contract, and an Escrow and Trust Agreement; complying with the Letter of Representations on file with the Depository Trust Company; authorizing the execution of any necessary Engagement Agreements with the City's Financial Advisors and/or Bond Counsel; and providing an effective date. First and Final reading (J. Kessel /J. Kuhn/M. McLiney The following was read into record: ORDINANCE NO. 14 -B -28 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014 ", LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS, INCLUDING THE 06 -03 -2014 Minutes Page - 6 - APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, A PURCHASE CONTRACT, AND AN ESCROW AND TRUST AGREEMENT; COMPLYING WITH THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; AUTHORIZING THE EXECUTION OF ANY NECESSARY ENGAGEMENT AGREEMENTS WITH THE CITY'S FINANCIAL ADVISORS AND /OR BOND COUNSEL; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Bond Counsel Mark McLiney with Southwest Securities who introduced this item stating that on April 15, 2014 the City Council authorized Southwest Securities to proceed with the refund due to low rates. At that time it looked like and what they presented would have been a savings of $611,000. They completed the sale today and the savings ending up at $1,406,689. He stated that a couple of things attributed to this. He reminded Council that they were not refunding all the bonds that were available only because they wanted to keep the limit to $10 million and below. Mr. McLiney indicated that they would look again in January to get additional low rates. 4%, Mr. McLiney stated that what he really wanted to show the Council was the City's bond ratings. The City has been working for the last several years putting in financial policies to improve the City's bond rating. Mr. McLiney stated that they were going into this review with two ratings; (1) with Moody's which was a Aa2, but on negative credit watch, and (2) Standard & Poor's with a straight AA. The negative credit watch was from back in 2007 and 2008 where the City pulled down dramatically on fund balance, and were down to 10 %. The City's written policy goal was 25 %. It was business decisions at the time, the City purchased land and other things, and that was a reflection of what was going on and they had a negative credit watch on the City because of that. We immediately got this eliminated, our fund balance is now at 24% and believe that we are going to hit 25% plus by the end of this fiscal year. This was completely recognized in the Moody's report, where they put us at the AA2 and removed the negative credit watch. Standard and Poor's took us one step further. We were not on negative credit watch, we had shared that information with them that it was a business decision, even though it was against policy, they accepted that and each firm had different opinions and values on what goes on in how they come up with the ratings. Standard and Poor's rating came back with an upgrade of AA +; this is the second highest rating available. The Standard and Poor's report speak about the strengths: • Strong economy, benefitting from its participation in the board and diverse San Antonio -New Braunfels metropolitan statistical area (MSA); • Very strong budgetary flexibility with fiscal 2013 audited reserves of 22.9% of general fund expenditures; it goes on in the body of the report that the City is expecting to reach over 25% and maintain that; • Strong budgetary performance; • Very strong liquidity with strong access to external liquidity; 0 Strong management, supported by "good" financial management policies under our Financial Management Assessment (FMA) methodology; and 06 -03 -2014 Minutes Page - 7 - • Very week debt and contingent liabilities due mostly to high carrying charges and net direct debt. It is a reflection of how much debt the school district has to issue to handle the growth in this area. Mr. McLiney stated that the write up is exactly what they wanted, as well as the upgrade. They did report that we were not a AA +, but they gave us a AA +, our statistics keeps us at the AA. They said that the momentum of the City and what Management, Council and direction the City is going they were assured that in the next two (2) years that we would have all the matrixes we need to have the AA +; they said why wait. The statistics say no, but the leadership and everything that has been going on in the City said yes. This is from the Committee that is throughout the Country and they recognized the momentum that is going on in the City of Schertz, and with that they upgraded us to the AA +. Mr. McLiney stated that he doesn't believe that Moody's will be far behind in upgrading us as well. Mr. McLiney stated that he was excited to report this to the Council. Yes the savings were great, but in the long run the bond rating will save the City more money maintaining a AA+ over the multiple bond issues that we have in the future. Mr. McLiney reiterated the importance of the discussion earlier from staff in getting the City of Schertz name out there; this is all part of it, the branding, the consistent logos, how you sell yourself as the City makes a difference on the bonds. It is not just Finance 101. Mr. McLiney commended staff involved in preparing for the presentation and dealing with the rating agencies. When a question came up there was always an immediately thorough thought out answer. Mayor Carpenter read from page 3 section 3, because everything they have talked about over the last few years has come to fruition in the report. Our efforts in replenishing our fund balance, the discipline that we have had in the way that we spend the taxpayer's money and the five year rolling budgets that we have put in place have been recognized. Under Standard and Poor's comments where they talk about very strong liquidity " supporting Schertz's finances is liquidity we consider very strong with total government available cash of 54.6% of total governmental funds expenditures and 271.7% of debt service. City projections indicate liquidity will remain very strong through fiscal 2014. We believe Schertz has, what we consider, strong access to external liquidity because it has frequently issued tax - backed bonds, including GO bonds, certificates of obligation, and tax notes." Mayor Carpenter stated that basically they have said that we are in an incredibly strong liquid cash position, and if something happened to our cash position that we would be able to bridge those gaps with our capacity for borrowing; and borrowing at a very inexpensive rate. Mayor Carpenter read, "Strong management conditions are also sighted. We view Schertz's management conditions as strong, supported by, what we consider, "good" financial management practices under our FMA methodology, indicating that financial practices exist in most areas but that government officials might not formalize or regularly monitor all of them. Schertz engages in long -term financial and capital planning based on, what we regard as, conservative underlying assumptions such as revenue and expenditure growth, funding sources for capital equipment or projects, and effects on future budgets." Mayor Carpenter stated that we are on the correct path when it comes to managing the money that we have been asked to be stewards of, and doing it in a way that the rating agencies are taking notice. This will serve those that follow us, the residents and tax payers of the City in years to come. 06 -03 -2014 Minutes Page - 8 - Mayor Carpenter reiterated that he is pleased to be able to find money and put it back into the budget on behalf of the taxpayers; this is a great thing, but to get to this position of the two (2) bond ratings being able to ensure that those that follow us will be able to do things is one of the most exciting things that we can do as a body. Mayor Carpenter recognized Mayor Pro -Tern Scagliola who moved, seconded by Councilmember Fowler that the City Council adopt an Ordinance authorizing the issuance of "City of Schertz, Texas General Obligation Refunding Bonds, Series 2014. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Duke voting yes and no one voting no. Councilmember Edwards wasdA J AlUt. Motion Carried. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna items 1 through 6. A Requests and Announcements 7 9 Announcements by City Manager Citizen Kudos Recognition of City employee actions New Departmental initiatives %--A No further announcements were Requests by agenda. the votes of placed on a future City Council Mayor Carpenter requested that staff place on the future agendas quarterly evaluations of the City Secretary and Deputy City Secretary. 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 No announcements provided. Adiournment As there was no further business, the meeting was adjourned at 9:13 p.m. 06 -03 -2014 Minutes Page - 9 - Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary 06 -03 -2014 Minutes Page - 10 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: June 10, 2014 Department: City Managers Office Subject: Ordinance No. 14 -F -18 Discussion and action regarding - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING ORDINANCE NO. 14 -F -01, 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. (Final Reading) BACKGROUND In January 2014, City Public Service (d/b /a CPS Energy) amended their 20 -year Franchise Agreement with the City of Schertz. Among the changes, CPS Energy increased the additional Franchise Fee percentage to 4% from all the member cities, including Schertz. Since that time, CPS Energy has proposed an additional amendment to distribute up to 4.5 %, rather than 4.0% Fees back to the member cities, including Schertz. As such, CPS Energy proposes to collect the additional 1/2 percent but requires each member city to amend their agreement to have those fees reimbursed back to the City for local use. The additional 1/2 percent increase replaces the old CPS Energy CIED fund program that was terminated in January 2012. In other words, the CPS Energy customers will not see an increase in rates but the increase in Franchise Fees will either be kept with CPS Energy or returned to the local cities for local use. City Council approved this on first reading at their meeting of May 6, 2014. Goal Provide for management of the City's Rights -of -Way by utility companies. Community Benefit City Council Memorandum Page 2 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 -18 on Final Reading. Per City Charter, Council must wait 30 days before second and final reading on a franchise agreement on June 10, 2014; Council approved first reading on May 6, 2014. One week prior to final reading June 2, 2014, the City Secretary posted the agreement on the City's web site. Once final approval has been granted, the Franchise agreement becomes effective 30 days later, July 10, 2014. This agreement is for 20 years; this length of term is the typical length of time for Franchise Agreements. Other than an increase in Franchise Fee distribution to the City of Schertz, the agreement remains unchanged. Recommend approval on final reading. FISCAL IMPACT For FY 2013 -14, $420,837 is budgeted in the City's General Fund from CPS Energy and it is anticipated that this year's Fees will increase by an estimated $10- 20,000 this year; as the City grows, this number will increase in future years. RECOMMENDATION Approval of final reading of Ordinance No. 14 -F -18 ATTACHMENT Ordinance No. 14 -F -18 Existing Franchise Agreement with City Public Service. ORDINANCE NO. 14 -F -18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING ORDINANCE NO. 14 -F -18, CITY PUBLIC SERVICE (CPS ENERGY); PROVIDING FOR ADOPTION; 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 and Ordinance 14 -F -01, 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. 14 -F -01 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. 14 -F -01 is hereby amended to incorporate an Addendum to Ordinance No. 14 -F -01 that reflects the following changes and is attached in Exhibit 1: SECTION 1. No revision is made to this Section. SECTION 2. Payment for Street Rental, CPS Energy shall make a payment for street rental to the City in the amount of four and one -half percent (4.5 %) 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. 2.2 If at any time within the term of this franchise the City passes an ordinance increasing the franchise fee from 4.5% to 5.5 %, CPS Energy agrees to execute documents necessary to accept this increased fee. Payment of the additional 1% shall be treated by CPS Energy as a City - specific fee and will be identified separately as a surcharge on bills of customers residing within the City limits. Payment to the City of this additional street rental fee will be made consistent with the procedure described in Section 2.1, beginning no sooner than the following quarter, as soon as the implemented surcharge is reflected on customer bills. 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. 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 the first day of the month of the beginning of the following business quarter upon adoption by the City and receipt of documentation by CPS Energy. 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 14 -F -01. 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 6th day of May, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of Month, 2014. ATTEST: Brenda Dennis, City Secretary SIGNED: Michael Carpenter, Mayor ORDINANCE NO. 14 -F -01 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 fi•anchise; 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 I 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. Assigimrent. 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. M. 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 11Ta day of FEBRUARY, 2014. ATTEST: YLl%J Brenda Dennis, City Secretary SIGNED: ORDINANCE NO. ,� 51- 9 AN ORDINANCE GRANTING AN ELECTRIC AND GAS FRANCHISE TO CITY PUBLIC SERVICE WHEREAS, the City of Schertz has reviewed and is satisfied with the qualifications of the Franchisee named below: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. DESCRIPTION. The City of San Antonio, acting by and through the City Public Service Board, (CPS), or the Franchisee, is granted a twenty -year franchise, commencing March 1, 2004, for transmission, distribution and sale of electricity and gas within the City of Schertz (City). CPS may construct, operate and maintain in, upon, over, under, and across the present and future streets, alleys, public ways and places within the City all the facilities CPS deems reasonably necessary for the rendition of safe, reliable and economical electric and gas service (CPS Facilities). Section 2. PAYMENT FOR STREET RENTAL. CPS shall make a payment for street rental to the City in the amount of three percent (3 %) of CPS'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 as a system -wide cost of service, and shall not be identified separately on the customer bill. The payment for street rental will reflect CPS's gross receipts for such sales, on a quarterly basis and will be due to the City within sixty (60) days after the close of each quarter in CPS's fiscal year. Section 3. LIMITATION ON ASSESSMENTS. The street rental charge is in lieu of all other fees or charges and the City shall not impose or collect, nor attempt to impose or collect, any charge or fee in connection with the construction, operation and maintenance of CPS Facilities within the City other than the payment for street rental provided for under Section 2 above. Section 4. AUDITS. Upon written notice to CPS, the City shall be entitled, during normal working hours and at reasonable intervals during the term of this agreement, to audit records of CPS supporting the payment for street rental, including customer lists, to the extent such information is public information. Section 5. CONSTRUCTION, OPERATION AND MAINTENANCE OF FACILITIES. CPS may open cut streets, curbs and sidewalks, bore, or utilize any other methods it deems reasonably necessary to construct, operate and maintain CPS Facilities within the City. The design and construction of CPS Facilities and CPS's access to and restoration of paved surfaces shall be in accordance with CPS's design and construction standards. Information concerning and copies of CPS's design and construction standards shall be made available to the City upon request by the City. Street cuts and restoration of paved surfaces shall be subject to ordinances that may be adopted by the City to the extent that such requirements are not in conflict with the following provisions. a. Prior to starting any work, CPS shall give ten (10) days written notice of the scope and duration of the work to the official designated by the City. Prior notice may be reduced or waived by the City in order to allow the work to proceed. In the event CPS determines there is an emergency, CPS may act without any prior notice, but shall provide notice to the City as soon as practicable. b. The surface of any street, alley, or public way or place, landscaping, and any other improvement disturbed by CPS shall be restored by CPS within a reasonable time after the completion of the work. Damages to landscaping and improvements caused by CPS or its contractors shall be repaired to the original condition, reasonable wear and tear excepted. No street, alley, or public way or place shall be encumbered by CPS for a longer period than shall be reasonably necessary to execute the work. CPS shall continue to maintain the integrity of the portion of any paved surface over CPS Facilities, as restored by CPS during the work, as long as CPS Facilities remain in use by CPS at that location. Section 6. CIVIC IMPROVEMENTS. The City shall give reasonable prior written notice of street repaving, widening or straightening projects to CPS. CPS shall, at its expense, relocate CPS Facilities in connection with activities reasonably related to the City's widening or straightening of streets. 2 Section 7. USE OF POLE SPACE. CPS shall permit the City to use existing CPS poles for the City's communications conductors used for the City's governmental purposes, to the extent CPS determines space is available. Such use shall be subject to the City's execution of CPS's form of contract for pole attachment and payment of the CPS fees applicable to such service. Section 8. RATE SCHEDULES. CPS shall offer to serve the City's accounts under the rate schedules most favorable to the City, in accordance with CPS's Rules and Regulations applying to Electric and Gas Service. Section 9. FURNISHING OF INFORMATION. Upon the City's request, CPS will make available to the City meeting agendas for City Public Service Board meetings, information packets, and rate filings, and will arrange periodic sessions for presentations by and discussions with knowledgeable CPS employees. Section 10. UNIFORM FRANCHISE BENEFITS. If at any time during the term of this agreement, CPS enters into a franchise agreement for the provision of electric or gas service which provides increased financial benefits to any incorporated community in excess of the percentages stated in Section 2, CPS shall provide written notice of such event to the City. At the option of the City, which must be exercised in writing within sixty (60) days after the City's receipt of notice from CPS, this agreement shall be amended to incorporate such increased financial benefit. The amendment to the agreement shall be effective from the same date shown in the franchise with such other incorporated community. Section 11. LIMITED INDEMNITY. It is expressly understood and agreed by and between the City and CPS that CPS shall indemnify and hold the City harmless from any and all loss sustained by the City on account of any suit, judgment, claim or demand whatsoever to the extent that such loss is attributed to the negligence of CPS, its agents or employees in the performance of services under this franchise agreement. Section 12. EFFECTIVE DATE. This franchise agreement shall become effective upon its acceptance by the City Public Service Board. 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's gross receipts from electric and gas sales within the City commencing March 1, 2004, if this franchise agreement is adopted by the City on or before April 15, 2004, and otherwise shall be effective for CPS'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. The headings of the sections in this agreement are for organizational purposes only. They have no separate meaning and shall not be read as affecting the language of the sections. Section 14. CONTINUATION OF AGREEMENT. This agreement shall remain in effect beyond the expiration of its term until a new agreement becomes effective between the parties or until this agreement is terminated by either party upon 180 days prior written notice, which notice may precede the expiration date by not more than 180 days. Section 15. ASSIGNMENT. This agreement may be assigned by CPS upon mutual written agreement of the City and CPS. Il City of Schertz Ordinance No. 83 -F -16 and any other ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Approved on first reading the aJAJof March, PASSED, APPROVED AND ADOPTED the 4 '%^^ A Mayor, City of Schertz, Texas ATTEST City Secretary, City of Schertz, Texas (Seal of City) ACCEPTED: City Public Service Board of the City of San Antonio, Texas Title: Date: PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS, County of Guadalupe 1� Before me, the undersigned authority, on this date personally appeared Tommy crow , known to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin Gazette - Enterprise, a newspaper published in said county; that a copy of the within and foregoing notice was published in said newspaper % time(s) before the return day named therein, such publications being on the following dates: M all AN O1lAN f{ W' y� �;_ fO�r' s and a newspaper copy of which is hereto attached. 171 �� . Sw o and subscribed before me this day of j /12�f-w , A.D., 2004. CAR ANN AVERY P:<i41 "; pic Sian of texas y �* 0� � My OF Cemmissla� E.DirBS U�-31 -�u F v rr�rG'�4,�14:rL`LtG'`� t'�ti f �G t• .. . Notary Public, Guadalupe County, Texas PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS, County of Guadalupe Before me, the undersigned authority, on this date personally appeared Tommy Crow , known to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin Gazette - Enterprise, a newspaper published in said county; that a copy of the within and foregoing notice was Published in said newspaper / time(s) before the return day named therein, such Publications being on the following dates: rol and a newspaper copy of which is hereto attached. Sworn n subscribed before me this ?dav of A.D., 2004. jv CAROL ANN AVERY AN - ORDINANCE GRANtM AN ELEC- TRIC AND GAS FRAN- CHS' SAV TO r Cffy "U& APPROVED AND AbOPM the ft day of Apd'2004 CRY SOC11010g14 - - - AC 4tal a .W; . .. . Notary Public, Guadalupe County, Texas Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: June 10, 2014 Department: Public Works Subject: Resolution- 14 -R -49- A Resolution by the City Council of the City of Schertz, Texas amending Resolution 14- R-36 authorizing a Landscape Construction and Maintenance Agreement with the Texas Department of Transportation regarding the landscaping of the Comal Settlement Historical Marker, and other matters in connection therewith. BACKGROUND The Schertz Historical Preservation Committee and Comal Settlement Association petitioned Texas Department of Transportation ( "TxDOT ") to allow their groups to install and maintain landscaping around a Comal Settlement Historic Marker at the intersections of Old Nacogdoches Road and FM 482. TxDOT requires a "Landscape Construction and Maintenance Agreement" agreement with the City of Schertz to accept responsibility for the work. The Agreement requires the City to ensure that "adequate insurance for payment of damages which might result during Facility activities" be provided. Initially the City had planned to enter into an "Acknowledgement of Conditions for Landscape Maintenance Work" Agreement with the Schertz Historical Preservation Committee and Comal Settlement Association to perform all of the labor, installation, and maintenance in the area. The requirement for provision of adequate insurance proved problematic. As such it is agreed that the City will host volunteer work days to organize, oversee and supervise the installation and maintenance of the landscaping. The two groups will purchase the landscaping materials. Volunteers will need to sign waivers/hold harmless agreements to participate in the work days which will be supervised by a City employee. City Council approved Resolution 14 -R -36 on April 15, 2014 authorizing the Agreement with TxDOT. The City was required to submit the headwall exhibit per the executed agreement. After submitting the headwall exhibit, TxDOT returned it as approved along with amended boundary map that was created of the area to be maintained. TxDOT requested that the City include the new updated exhibit in the Agreement which required the Resolution to be amended to allow for exhibits to be swapped out. Action approves the amended agreement to include the updated boundary map. Goal To enter into an Landscape Construction and Maintenance Agreement with TxDOT for the purpose of allowing City to hold volunteer events to allow members of the Schertz Historical Preservation Committee and the Comal Settlement Association to help install and maintain landscaping around the Comal Settlement Historic Marker located at the intersections of Old Nacogdoches Road and FM 482. Community Benefit To provide an aesthetically pleasing environment to the community, residents, and visitors that will choose to spend time at this specified landmark. Summary of Recommended Action Staff recommends council approve the agreement with the Texas Department of Transportation. FISCAL IMPACT Less than $1,000 per year in staff time to oversee work events. RECOMMENDATION Staff recommends council approve Resolution 14 -R -49 amending Resolution 14 -R -36 to approve the amended agreement that includes the updated boundary map. ATTACHMENTS Resolution 14 -R -49 TxDOT Landscape Construction and Maintenance Agreement and Updated Exhibits RESOLUTION NO. 14 -R -49 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING RESOLUTION 14 -R -36 AUTHORIZING A LANDSCAPE CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION REGARDING THE LANDSCAPING OF THE COMAL SETTLEMENT HISTORICAL MARKER, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into a Landscape Construction and Maintenance Agreement with the Texas Department of Transportation ( "TxDOT ") regarding a landscaping project for the Comal Settlement Historical Marker at the intersection of Old Nacogdoches Road and FM 482; and WHEREAS, Texas Department of Transportation requires a Landscape Construction and Maintenance Agreement with the City to accept liability for the work; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Landscape Construction and Maintenance Agreement with TxDOT attached hereto as Exhibit A (the "Agreement "); and WHEREAS, the City Council approved Resolution 14 -R -36 on April 15, 2014; and WHEREAS, an updated exhibit outlining the boundary map was created and TxDOT requested that the City include the new updated exhibit in the Agreement which required the Resolution to be amended to allow for the replacement of the original exhibit with the updated boundary map. 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 TxDOT 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 10th day of June, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A MAINTENANCE AND CONSTRUCTION AGREEMENT A -1 LANDSCAPE CONSTRUCTION AND MAINTENANCE AGREEMENT THE STATE OF TEXAS COUNTY OF COMAL THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ", and the City of Schertz, acting through its duly authorized officials, as evidenced by Resolution Number dated L\ \s:�)1 , hereinafter called the "City ". WITNESSETH WHEREAS, the State owns and maintains a system of highways, including FM 482, in Coma[ County, Texas, for public use and benefit; and WHEREAS, the State agrees to allow the construction of a landscape project along Old Nacogdoches Road at the intersection with FM 482, hereinafter referred to as the "Facility," attached hereto as Exhibit A; and WHEREAS, the City of Schertz agrees to install landscaping and conduct the Facility's long -term maintenance activities for the Facility through the use of City forces, City contractors, or other means satisfactory to the City and the State. NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto be by them respectively kept and performed as hereinafter set forth, the State and the City do mutually agree as follows: AGREEMENT ARTICLE 1. Term of Agreement. This Agreement becomes effective when finally executed (signed) by the State and shall continue unless or until otherwise terminated as provided herein. ARTICLE 2. Project Funding. The City will provide for and /or fund the cost of construction of the Facility as shower on Exhibit A. The City will provide for or fiend the long -term maintenance activities for the Facility at no cost to the State. ARTICLE 3. Responsibility of the Parties. A. The City agrees to: Provide landscape design plans to the State for approval and furnish and install landscape plants, mulch, irrigation meters /systems, and other related landscape installation items that may be required; and 2. Perform and /or provide, to the satisfaction of the State, long -term maintenance of the Facility to include but not be limited to the following activities: (a) Pruning, fertilizing and disease control as may be reasonably required to ensure the continued viability and establishment of the plant material; (b) Maintaining the planting beds reasonably free of objectionable weed and grass growth that would adversely affect the growth of the plants; (c) Maintaining and operating the irrigation system (if applicable), or providing water in the amount and to the frequency required, to ensure the continued viability and establishment of the plant material; (d) Replacing plant material as may be reasonably required to ensure that the Facility functions as intended during the term of the Agreement; (e) Providing for mowing of turf and removal of litter where applicable to maintain the area in a neat and presentable condition; (f) Maintaining concrete pavers, sidewalks, lighting, fencing, and all other features constructed as part of the Facility; and 3. Futnish, erect and maintain any barricades, signs and traffic handling devices, in accordance with the latest Texas Manual of Uniform Traffic Control Devices (MUTCD) and to the satisfaction 2 of the State, as may be required to protect the safety of the public; and 4. Conduct periodic inspections as deemed necessary. B. The State agrees to: 1. Cooperate with the City to determine requirements for barricades, signs and traffic handling devices to be used by the City during installation and maintenance of the Facility; and 2. Conduct periodic inspections as deemed necessary. C. The City and State further agree that nothing contained in this Agreement will be construed to: 1. Give either party the power to direct and control the day -to -day activities of the other; or 2. Constitute the parties as partners, joint venturers, co- owners or otherwise as participants in a joint or common undertaking; or 3. Allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever. ARTICLE 4. Use of Contractor or Group. The City shall have the right to engage any responsible Contractor or Group to perform or provide any portion of the City's Facility activities specified in this Agreement. However, notwithstanding this provision, the City will continue to remain responsible to the State to ensure performance of all its duties and responsibilities specified in this Agreement. The City shall ensure that any Contractor or Group complies with all provisions of this agreement, and federal, state, and local laws, and regulations as may be applicable. In the event the City engages a Contractor to perform Facility maintenance activities under this Agreement, the City shall ensure that said Contractor shall indemnify the State for any and all damages and claims for damages by said Contractor, its employees, agents, or representatives, including any claims resulting from bodily injury or death to others, or, for loss of or damage to property of others, arising out of, incident to, or in any manner connected to Facility maintenance activities, and, for any or all liability arising from the negligent acts of said Contractor, its employees, agents, or representatives. In the event the City engages and approves a responsible Group to perform Facility maintenance activities under this Agreement, the City shall require and ensure that said Group's authorized representative obtain, review, and execute the "Acknowledgment Of Conditions For Landscape Maintenance Work," attached and incorporated herein as Exhibit B, and thereafter maintain the record in its files. ARTICLE 5. Indemnification. The City and the State each acknowledge responsibility for the acts, deeds, errors and omissions of its own employees. The parties agree that the Texas Toil Claims Act pertaining to governmental liability for tortious conduct and/or property damage shall apply to this Agreement. ARTICLE 6. Termination, This Agreement may be terminated under any of the following conditions: A. By mutual written agreement and consent of both parties; or B. By either party upon giving the other party thirty (30) days prior written notice; or C. By the State, in the event the State determines that the Facility is not in the best interest of the traveling public. If the City terminates this Agreement, as provided herein, the City will be responsible for repair or removal of the Facility. In the event that the City does not provide the repair or removal services, the State may remove or repair the Facility and request reimbursement for any reasonable costs incurred by the State to restore the State's right of way to its original condition. ARTICLE 7. Amendments. Changes in time frame, character, or obligations herein shall be enacted by written amendment. Both parties must execute all amendments to this Agreement. ARTICLE 8. Successors and Assigns. Subject to the provisions of Article 4, the City shall not assign or otherwise transfer its rights and obligations under this Agreement except with prior written consent of the State, and any prohibited assignment or transfer shall be null and void. ARTICLE 9. Remedies. This Agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 10. Insurance. 4 The City shall provide necessary safeguards to protect the public on State - maintained highways including adequate insurance for payment of any damages which might result during the Facility activities, and to save the State harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so. Where Facility activities are performed through a Contractor, the Contractor shall submit to the City proof of insurance using the State's "Certificate of Insurance, Form 1560," as currently revised and attached as Exhibit C. The limits of the insurance policy shall remain in effect for the duration of the pertinent Facility activities under this Agreement. The State shall be named as an Additional Insured with a Waiver of Subrogation in favor of the State. The City shall forward completed original insurance certificates to the State. ARTICLE 11. Notices. All notices to either party by the other required under this contract shall be personally delivered or mailed to such party at the following respective address: STATE: Texas Department of Transportation Attn: Director of Maintenance 4615 N. W. Loop 410 (location) P.O Box 29928 (mailing address) San Antonio, Texas 78229 ARTICLE 12. Gratuities. CITY: City of Schertz Attn: Sant D. Willoughby Public Works Director 10 Coimnercial Place #2 Schertz, Texas 78154 Texas Transportation Commission policy mandates that employees of the State shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received advanced written approval of the Texas Department of Transportation Executive Director. Any person doing business with or who may reasonably speaking do business with the State under this Agreement may not make any offer of benefits, gifts or favors to State employees, except as mentioned here above. Failure on the part of the City to adhere to this policy may result in the termination of this Agreement. IN TESTIMONY WHEREOF, the State and the City have executed duplicate counterparts to effectuate this Agreement. THE CITY OF SCHERTZ By: Title: City ivlanager THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and /or carrying out the orders, established Date: Attest: City Clerk Approved as to form: City ttorney List of Exhibits: policies or work programs heretofore approved and authorized by the Texas Transportation Commission. C Mario ,R. Jorge, P San Antonio Dish Date: "A" - Plans for the Landscape Project "B" - Acknowledgment of Conditions for Landscape Maintenance Work "C" - Certificate of Insurance, Form 1560 6 f. ' ' fit• . , • ,'� 4821 ' 71.1•-i y� i 4''F�•`1� 3!1 a ,rk . l t`. 1.1 Fti�" Pf��� k �y �Cj� •1 1 ���y'�y_� � 0 �� r --� � �l eat- -,Z00 G cll Landsco a ersf iancc� ent Plan Historical Iy arker,, Amn Legend: Old Nacogdoc Qes Rd. fizz I� IV/[ 682, Coral Co.,, Texas �,enc . j State I listori`t Maiker J Low flo>.sxring trees 1 (Crape Mertals or ltedbud 2 "em "J -191 s ° Marker Omam Gra cutal ss (stagger od 1 �r pwcstal) 6 (F'anYpat, etc ) i t.t =.'ice c' . -, I 3 % Asphalt lum offarea (-i3. -J! —s c EXHIBIT "B" ACKNOWLEDGEMENT OF CONDITIONS FOR LANDSCAPE MAINTENANCE WORK The City of Schert z, hereinafter called the "City ", and , hereinafter called the "Group" recognize the need and desirability of landscaped highways and are entering into this Agreement to permit the Group to contribute toward the effort of maintaining landscaping on State controlled right of way. The Group, both jointly and severally, acknowledges the hazardous nature of the work, and agrees to the following terms and conditions: • Participants in the Group agree to obey and abide by all laws and regulations relating to safety and such other terms and conditions as may be required by the County for special conditions on a particular adopted section. • When participants are 15 years of age or younger, the Group shall furnish adequate supervision by one or more adults. • The Group shall conduct at least two (2) safety meetings per year. Participants must attend a safety meeting conducted by the Group before participating in landscape maintenance on the right of way. • The Group shall not subcontract or assign its responsibilities to any other group, organization or enterprise without the express written authorization of the City. • Individuals shall wear safety vests while working on the right of way. • The Group shall neither possess nor consume alcoholic beverages while working on the right of way. • The Group shall maintain a first -aid kit and adequate drinking water while working on the right of way. /r Form 1580 (Rev 07112) CERTIFICATE OF INSURANCE Previous editions of this form may not be used. (GSD -EPC) Page 1012 Agents should complete the form providing all requested Information then either fax or mall this form directly to the address listed on page two of this form. Copies of endorsements listed below are not required as attachments to this certificate. This certificate Is issued as a mailer of Information only and confers no tights upon the certificate holder. This corUlicate does not confer any rights or obligations other than the rights and obligations conveyed by the policies referenced on this certificate. Tho terms of the policies referenced in this cettifcale control over Ute terms of the certificate. Insured: City of Schertz Street/Malling Address: 1400 Schertz Pkwy City /State2lp: Schertz, Texas 78154 -1634 Phone Number: Area Code (210) 619 -1163 Workers' Compensation Insurance Coverage: Endorsed with a Waiver of Subrogation in favor of TxDOT. Carrier Name: Texas Municipal League Intergovernmental Risk Pool Carrier Phone #: 800 - 537 -6655 Address: 1821 Rutherford Ln City, State, Zip: Austin, TX 78754 Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Workers' Compensation 8491 10101113 10/01114 Not Less Than: - Statutory — Texas r:nmrnnrrlal r;ena►at 1 Inhilihi Ineur..— Carrier Name: Texas Municipal League Intergovernmental Risk Pool Carrier Phone #: 800.537 -6655 Address: 1821 Rutherford Ln City, State, Zip: Austin, TX 78754 Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Commercial General Liability Insurance 8491 10/01/13 10/01/14 Not Less Than: $ 600,000 combined single limit Business Automobila Pnfinv, Carrier Name: Texas Municipal League Intergovernmental Risk Pool Carrier Phone #: 800 -537 -6655 Address: 1821 Rutherford Ln City, State, Zip: Austin, TX 78754 Type of Insurance: Policy Number: Effective Date: Expiration Limits of Liability: Business Automobile Policy Y 491 10/01/13 10101 M4 Not Less Than: $ 600,000 combined single limit Umbrella Poliev lif annllrabinl- Carrier Name: NIA Carrier Phone #: Address: City, State, Zip: Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Umbrella Policy Agency Name Address City, State Zip Code (800) 537 -6655 Authorized Agent's Phone Number The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be Informed about the Information that we collect about you. Under sections 552.021 and 552.023 of the Texas Government Code, you also are entitled to receive and review the Information. Under section 559.004 of the Government Code, you ara also entitled to have us correct information about you that is incorrect. Fax completed form to: 512/416 -2536 Form 1560 (Rev 0412007) Texas Department of Transportation Page 2of2 NOTES TO AGENTS: Agents must provide all requested Information then either fax or mail this form directly to the address listed below. Pre- printed limits are the minimum required, if higher limits are provided by the policy, enter the higher limit amount and strike- through or cross out the pre - printed limit. To avoid work suspension, an updated insurance form must reach the address listed below one business day prior to the expiration date, Insurance must be In force In order to perform any work. Binder numbers are not acceptable for policy numbers. The certificate of insurance, once on file with the department, is adequate for subsequent department contracts provided adequate coverage is still In effect. Do not refer to specific projects /contracts on this form. List the contractor's legal company name, including the DBA (doing business as) name as the insured. If a staff leasing service Is providing Insurance to the contractor /client company, list the staff leasing service as the Insured and show the contractor /client company In parenthesis. The TXDOT certificate of insurance form is the only acceptable proof of Insurance for department contracts. List the contractor's legal company name, including the DBA (doing business as) name as the insured or list both the contractor and staff leasing service as insured when a staff leasing service is providing Insurance. Over - stamping and /or over- typing entries on the certificate of insurance are not acceptable If such entries change the provisions of the certificate in any manner. This form may be reproduced. DO NOT COMPLETE THIS FORM UNLESS THE WORKERS' COMPENSATION POLICY IS ENDORSED WITH A WAIVER OF SUBROGATION IN FAVOR OF TXDOT. The SIGNATURE of the agent is required. CERTIFICATE OF INSURANCE REQUIREMENTS: WORKERS' COMPENSATION INSURANCE: The contractor is required to have Workers' Compensation Insurance if the contractor has any employees including relatives. The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas Workers' Compensation Law. GROUP HEALTH or ACCIDENT INSURANCE Is not an acceptable substitute for Workers' Compensation. COMMERCIAL GENERAL LIABILITY INSURANCE: MANUFACTURERS' or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute for Comprehensive General Liability Insurance or Commercial General Liability Insurance. BUSINESS AUTOMOBILE POLICY: If coverages are specified separately, they must be at least these amounts: Bodily Injury $500,000 each occurrence $100,000 each occurrence Property Damage $100,000 for aggregates PRIVATE AUTOMOBILE LIABILITY INSURANCE Is not an acceptable substitute for Business Automobile Policy. MAIL ALL CERTIFICATES TO: Texas Department of Transportation CST - Contract Processing Unit (RA/200 —151 Fl.) 125 E. 11th Street Austin, TX 78701 -2483 512/416.2540 (Voice), 512/416 -2536 (Fax) Texas Department of Transportation 125 EAST 11TH STREET I AUSTIN, TEXAS 78701 -2483 1 (512) 463 -8588 1 WWW.TXDOT.GOV May 22, 2014 City of Schertz ATTN: Ms. Cynthia Raleigh, CPM Public Works Business Coordinator 10 Commercial Place, Bldg. 2 Schertz, TX 78154 RE: Landscape Construction and Maintenance Agreement, FM 432, Comal Settlement Historical Marker Dear Ms. Raleigh: The City has provided the enclosed pages (2 pages) to further detail the proposed construction of the historical marker enhancements that were approved in the agreement. Please replace the existing Exhibit A in the original agreement with these pages. We have transferred the boundaries for City maintenance from the original Exhibit A onto the new Exhibit. Those limits did not change. Please let us know if there are questions regarding the Exhibit. Marvin Hatter has been working with you and he can be reached at 210 -615 -6088. Sincerely, L)4n 644L� Jdfin Bohuslav, PE Director of Maintenance cc: Marvin Hatter James Browne Jessica Castiglione, PE OUR GOALS MAINTAIN A SAFE SYSTEM • ADDRESS CONGESTION • CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY An Equal Opportunity Employer Area OP MCC, nf emaIN of- +4 E -1188ft Laucoloc Nn o Historical Marker Area Ucd Ha clmhPm G°3mnd aWCl FH, -, 60 20 Cbm-f � Caunf V., `texas 1) State Historical Marker �G 2 \ 2) Headwall "1915" Marker (Staggered Limestone Pedestal) 3) Decomposed Granite 4) Evergreen Ground Cover i.■� Arco, v'+' 5) Low Flowering Treesa1►1fie� a nre 6) Ornamental Grass 7) Turn -off Area 0 510 20 30 40 50 Feet 1 Headwall Cement Barker a Staggered Limestone Pedestal 1 18 ono -- 3 in. a� fi• 0 E —� 6 in.— Ground Level Reinforced ConcreteFooter (1/2" rebar on center) 24 in 6x ",)jDayyJQp Pa 9's A #pj Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: June 10, 2014 Department: Development Services Subject: Ordinance No. 14 -S -29 - Conduct a public hearing and consider a request to rezone approximately 434 acres of land from General Business (GB) to Planned Development District (PDD). This property is more specifically described as land out of the J.F. Zepeda Survey No. 257, Abstract 685; J.F. Zepeda Survey No. 257, Abstract 471; C.M. Gahagan Survey No. 258, Abstract 182; C.M. Gahagan Survey No. 258, Abstract 142; P. San Miguel Survey No. 256, Abstract 227; State Survey, Abstract Tate2, City of Schertz, Comal County and Guadalupe County, Texas, generally located on IH -35 Frontage Road approximately 350 ft. east of the intersection of IH -35 Frontage Road and Covers Cove. (First Reading) BACKGROUND The applicant is proposing to rezone approximately 434 acres of land generally located on IH -35 Frontage Road approximately 350 ft. east of the intersection of IH -35 Frontage Road and Covers Cove, from General Business (GB) to Planned Development District (PDD). The public hearing notice was published in "The Daily Commercial Recorder" on May 23, 2014 and the "Herald" on May 28, 2014. One hundred and thirty four (134) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on May 2, 2014. At the time of this staff report sixteen (16) total responses were received, one (1) response in favor of the request and fifteen (15) responses opposed to the request. Comments received on the Notice of Public Hearing Response reply form are as follows: • Response from 6037 Covers Cove- Opposed To "This will bring down the value of our house." City Council Memorandum Page 2 Response from 1288 N. Business 35- Opposed To "I oppose rezoning of the property. I will have everybody coming over on my property, they will be stealing, and hunting. I have another piece of land, and this is what is happening, and people are constantly walking all over the property. I put up posted signs but that does not help. They tear the signs down." • Response from 5269 Brookline- Opposed To "When is enough going to be enough. We bought here because of the green space!" • Response from 5737 Bill Hass- Opposed To "please contact" • Response from 6057 Covers Cove- Opposed To "Notice that we are opposed to rezoning of land for Nortex Farms Subdivision planned development as depicted in the development zoning exhibit." • Response from 6069 Covers Cove- Opposed To "opposed to multi - Family Dwellings & only need bill same equal to homes value of Covers Cove quality!" • Response from 6073 Covers Cove- Opposed To "Opposed to Multi- Family Dwellings & any new houses must be equal to homes value of Covers Cove quality" • Response from 5265 Brookline- Opposed To "Bought home because of greenbelt." • Response from 6238 Fred Couples- "I do not want the land to be rezoned because I feel that the area is being overly developed." Goal Nor -Tex HQ Farm, Ltd. is requesting to rezone approximately 434 acres of land to Planned Development District (PDD) to develop a mixed use development consisting of single family residential, multi - family dwellings, commercial with a generous amount of open space and a community trail system. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Use Plan (CLUP) and the subject property is identified as containing highway commercial, commercial campus, and single family residential uses. Highway commercial and commercial campus land uses focus on areas of large format retail, restaurants, entertainment uses, office space and multi - family apartments. The areas identified on the Master Development Plan as commercial and multifamily are consistent with the areas designated in the CLUP as highway commercial and commercial campus. The area designated as single family consists of clusters of single family lots and City Council Memorandum Page 3 generous amounts of open space. The PDD identifies four (4) different minimum lot sizes for single family residential: 6,600 square feet, 7,200 square feet, 7,800 square feet and 9,000 square feet as shown in table two: dimensional requirements chart in the PDD. Additionally there are approximately 75 acres of open space and parkland proposed. The Master Development Plan identifies an overall density of 2.7 dwelling units per acre for the single family residential area. The PDD also provides for some specific development standards. The following summary highlights some of the significant modifications to the requirements of the Unified Development Code (UDC). Please review the PDD to view all modifications. 1. Table Two — Dimensional Requirements - Residential of the PDD requires a minimum rear yard setback of 15' for all single family residential lots. Townhome districts are proposed as 10' front yard setbacks, 0' side yard setback, and 10' rear yard setback. 2. An Architectural Review Committee of members appointed by the Developer, to review residential construction plans for compliance with the PDD design standards and deed restrictions, prior to submitting the plans to the City for building permits. 3. A 20' landscape buffer will be provided on each side of the internal "spine" road and will have an average of 1 tree per 25'. Additionally a 35' landscape buffer is required between the commercial district and single family residential district. 4. A 6' wood fence or masonry fence, with masonry columns is required along the internal collector streets. The fence will be maintained by the HOA. 5. The applicant is proposing additional subdivision entry signs known as "Pod Signs" which will be placed along the "spine" road to identify the different neighborhoods and provide a sense of community. These signs are proposed as having an area less than thirty two square feet and consisting of lettering and a logo. 6. The applicant is proposing additional development signs known as "Internal Development Signs ". These signs will be constructed of wood or metal and advertise the community, builders, and land uses. These signs will be limited to thirty two square feet and can only be placed near the pod entrances. One sign per platted unit will be allowed, for duration of three years or 75% build -out, whichever occurs first. 7. The development of the subject property shall generally conform to the attached Master Development Plan exhibit. FISCAL IMPACT None RECOMMENDATION A public hearing was conducted at the December 18, 2013 and January 8, 2014 Planning and Zoning Commission meetings where staff discussed the proposed development with the Commission to gain input from the Commission and receive public comment. City Council Memorandum Page 4 The Planning and Zoning Commission conducted the public hearing on May 14, 2014 and offered a recommendation of approval by a vote of 6/1 with Commissioner Evans voting nay. Staff recommends approval of the zoning request. ATTACHMENT Ordinance No. 14 -5 -29 ORDINANCE NO. 14 -S -29 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 434 ACRES OF LAND FROM GENERAL BUSINESS TO PLANNED DEVELOPMENT DISTRICT (PDD). WHEREAS, an application to rezone approximately 434 acres of land described in the Exhibit A and Exhibit B attached herein (herein, the "Property") has been filed with the City; and WHEREAS, on December 18, 2013 and January 8, 2014 the Planning and Zoning Commission conducted a public hearing to receive public comment; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Conditions "); and WHEREAS, on May 14, 2014, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, herby makes a recommendation of approval of the rezoning according to the development standards set forth in Exhibit C attached herein (the "Development Standards "); and WHEREAS, on June 10, 2014 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Planned Development District (PDD). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 10th day of June, 2014. PASSED, APPROVED AND ADOPTED on final reading the 17th day of June, 2014. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" Suk% EYING MRM LICENSE NO- 10121300 FIELD NOTES FOR A 433.43 ACRE TRACT A 433.43 acre tract of land out of the J.F. Zepeda Survey No. 257, Abstract 685, I.F. Zepeda Survey No. 257, Abstract 471, C.M. Gahagan Survey No. 258, Abstract 182, G.M. Gahagan Survey No. 258, Abstract 142, P. San Miguel Survey No. 256, Abstract 227, State Survey, Abstract Tatc2 and being out of the remaining portion of a 118.86 acre tract of land, known as Tract 1 -1, a 32.6 acre tract of land, known as Tract 1 -2, an approximate 4.0 acre tract of land, known as Tract I -3, the remaining portion of a 76.356 acre tract of land, known as Tract 1-4, the remaining portion of a 10.608 acre tract of [and, known as Tract 1 -5, a 148.57 acre tract of land, known as Tract 1-6, a portion of the 149.5 acre tract of land, known as Tract 1 -7, a 130.3 acre tract of land, known as Tract 1 -8, a 2.326 acre tract of land, known as tract 1 -9, a 0.357 of an acre tract of land, known as Tract 1 -10 as conveyed to NAN NorTex, LTD. of record in Document Number 201106000950 of the Official Public Records of Coma] County, Texas, and a portion of the 100 acre tract of land, known as Tract 11, conveyed to NAN Management, LLC, of record in Document Number 201106000952 of the Official Public Records of Guadalupe County, Texas. 126.24 acres, being situated in Comal County, Texas and 307.19 acres, being situated in Guadalupe County, Texas and being more particularly described by metes and bounds as follows. BEGINNING at a set '1x" iron rod with a blue plastic cap stamped "KFW Surveying ", in the southeast right -of -way line of Interstate Highway 35, a variable width right -of -way, in the northeast line of Lot 27, Block 17, a variable width Sanitary Sewer Easement of The Fairways at Scenic Hills, Unit 313, a subdivision plat of record in Volume 7, Page 203 of the Map and Plat Records of Coma] County, Texas, for the northwest comer of the remaining portion of a 10.608 acre tract of land and the tract on land described herein, from which a found Texas Department of Transportation Monument Type 2 bears, N 29° 34' 33" W, a distance of 4.79 feet; THENCE: Along and with the southeast right -of -way line of Interstate Highway 35, the northwest lines of the remaining portion of the 10.608 acre tract of land, the 2.326 acre tract of land and the 0.357 of an acre tract of land, the following calls and distances: 1. N 52° 20' 03" E, a distance of 41.17 feet to a .set '/a" iron rod with a blue plastic cap stamped "KFW Surveying" at an angle point of the tract of land described herein; 2. N 59° 40' 24" E, a distance of 34.71 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 3. N 13° 2 ]' 30" E, a distance of 16.40 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 4. N 5I° 32' 23" E, a distance of 274.08 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 5. N 54° 57' 53" E, a distance of 49.37 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 6. N 54° 39' 39" E, a distance of 50.19 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 14603 Huebner Rd. Bldg 40. San Antonio, Texas 78230 • Phone (2101 979 -844 • Fax (214) 979 -8441 ! www kfwwOnoors.com THENCE: S 8W 16' 13" W, along and with a north line of the 18.751 acre tract of land and the southeast line of the remaining portion of the 75.356 acre tract of land, a distance of 12.95 feet to a found I's" iron rod with a plastic cap stamped "CEC ", for the southwest corner of the remaining portion of the 76.356 acre tract of land, an interior comer of the 18.751 acre tract of land and a westerly comer of the tract of land described herein; TtWNCE: N 30° 56' 16" VII, along and with the northeast line of the 18.751 acre tract of land, a northeast line of The Links at Scenic Hills, Unit 3, a subdivision plat of record in Volume 7, Page 645 of the Map and Plat Records of Guadalupe County, Texas and the southwest line of the remaining portion of the 75.356 acre tract of land, at a distance of 216.25 feet, passing a found V':" iron rod with a plastic cap stamped "Jacobs Prop ", for the northeast corner of the 18.751 acre tract of land and the southeast corner of The Links at Scenic Hills, Unit 3, continuing a for total distance of 501.74 feet to a set VY' iron rod with a blue plastic cap stamped "KFW Surveying", for the northwest corner of the remaining portion of the 76.356 acre tract of land, an interior corner of The Links at Scenic Hills, Unit 3 and a westerly comer of the tract of land described herein; THENCE: N 12° 20' 23" W, along and with the northeast lines of The Links at Scenic Hills, Unit 3. the remaining portion of a 168.088 acre tract of land, conveyed to Investment Scenic Hills, LTD, of record in Volume 1634, Page 179 of the Official Public Records of Guadalupe County, Texas, The Links at Scenic Hills, Chit 1, a subdivision plat of record in Volume 7. Page 389 of the Map and Plat Records of Guadalupe County, Texas, the RepIat of Fairhaven, Unit 2, a subdivision plat of record in Volume 7, Page 447 of the Map and Plat Records of Guadalupe County, Texas, Fairhaven, Unit 2, a subdivision plat of record in Volume 7, Page 224 of record in the Map and Plat Records of Guadalupe County, Texas, the northwest line of the remaining portion of the 76.356 acre tract of land, the west line of the 149.5 acre tract of land and the remaining portion of the 118.86 acre tract of land, at a distance of 1335.20 feet to a set W iron rod with a blue plastic cap stamped "KFW Surveying" in the northeast line of Lot 52, Block 26 of The Links At Scenic Hills, unit 1 of record in Volume 7 Page 389 of the Map and Plat Records of Guadalupe County, Texas and for the southwest corner of a 23.76 acre tract of land conveyed to the Board of Trustees of The Schertz- Cibolo- Universal City Independent School District of record in Volume 4176 Page 283 of the Official Public Records of Guadalupe County, Texas, for a westerly corner of the tract described herein, from which a found L!z" iron rod with a plastic cap starriped "C -p, SA Prop", for the northeast corner of Lot 57, Block 26 of the RepIat of Fairhaven, Unit 2, the southeast comer of Lot 35, of the Fairhaven, Unit 2 bears S 12° 20' 23" E, a distance of 197.59 feet; THENCE: Along and with the 23.76 acre tract of land, into and across the 148.57 acre tract of land and the remaining portion of the 118.86 acre tract of land, the following calls and distances: 1. N 79 °11'57" E, a distance of 546.17 feet to a set W' iron rod with a blue plastic cap stamped "KFW Surveying", for an angle point of the tract described herein, 2. N 50 °03'22" E, a distance of 820.77 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying "', for a southeast comer of the 23.76 acre tract and an interior corner of the tract of land described herein, 3. N 33'40'59" W, a distance of 722.00 feet to a set t^'z "' iron cal with a blue plastic cap stamped "KFW Surveying ", for a northeasterly corner of the 23.76 acre tract and an interior corner of the tract of land described herein, 4. S 56 °1$'31" W, a distance of 241.20 feet to a set V2" iron rod with a blue plastic cap stamped "KFW Surveying ", for an angle point of the tract of land described herein, 14603 Huebrw Rd. Bldg 40, San Antonlo, Texas 78230 0 Phone: (210) 979 -9444 0 Fax (210) 974 -8441 • wawr Rfwengineers cflm 5. S 63 °45'09" W, a distance of 567,84 feet to a set V2" iron rod with a blue plastic cap stamped "KFW Surveying ", For an angle point of the tract of land described herein, 6. S 77 °39'37' W, a distance of 234.68 feet to a set '/z' iron rod with a blue plastic rap stamped "KFW Surveying ", for an interior comer of the tract of land described herein, 7. N 12 °20'23" W, a distance of 361.41 feet to a set Vz" iron rod with a blue plastic cap stamped -KFW Surveying ", for an angle point of the tract of land described herein, 8. N 2938'53" W, a distance of 305-62 feet to a set'fi" iron rod with a blue plastic cap stamped "KFW Surveying -, for an interior corner of the tract of land described herein, and 9. S 60 °21'07" W. a distance of 50.00 feet to a set 4'x" iron rod with a blue plastic cap stamped "KFW Surveying ", for the southeast comer of Lot 17 of Fairhaven, Unit 2, at the termination of the northeast right -of -way line of BIack Butte, a 50' right -of -way, of record in Volume 6 Page 763 of the flap and Plat Records of Guadalupe County and the northwest corner of the 23.76 acre tract of land and For a westerly comer of the tract of land described herein, THENCE: N 29° 38' 53" W, .along and with the northeast line of The Fairways at Scenic Hills, Unit 3B, The Ridge at Scenic Hills, Unit 1, a subdivision plat of record in Volume 6. Page 763 of the Map and Plat Records of Guadalupe County, Texas, the southwest line of the 130.3 acre tract of land and the 148.57 acre tract of land, a distance of 1012.96 feet to a found W' iron rod, for the southwest comer of Lot 23 and the northeast corner of Lot 26 and for an angle point in the southeast line of The Fairways of Scenic Hills, Unit 3B, for an angle point in the southwest line of the 130.3 acre tract of land and the tract of land described herein; THENCE: N 29' 34' 33" W, along and with the northeast litre of The Fairways at Scenic Hills, Unit 313, a 0.3227 of an acre tract of land, conveyed to Charlie N. and Gayle A. Maltby, of record in Volume 861, Page 8 of the Official public Records of Coma] County, Texas, a 0.4469 of an acre tract of land, conveyed to Randall F. and Eileen T. Moore, of record in Document No. 9806008458 of the Official Public Records of Coma] County, Texas, a 0.5696 of an acre tract of land, conveyed to Louis P. Maria A. and Linda L. Martinez, of record in Document No. 9906033723 of the Official Public Records of CornaI County, Texas, the southwest line of the 130.3 acre tract of land and the remaining portion of a 10.608 acre tract of land, at a distance of 132890 feet passing a found V2" iron rod with a plastic cap stamped "CEC'', for the northeast corner of The Fairways at Scenic Hills, Unit 313, the southeast comer of the 03227 of an acre tract of land, continuing for a total distance of 1803.74 feet to the POINT OF BEGINNING and containing 43143 acres, or 18,880,328 sclum feet more or less situated in the City of Schettz and the City of Cibelo, Comal County and Guadalupe County, Texas and being described in accordance with a survey prepared by KFW Surveying. Job Nis.: 13.016 twpawd by: KFW Surveying Dale: May 20, 2014 File: S -Ttaw 20131113.016 NoncxkDGCSTN 43343 146((3 Muetxm Rd. B1dy 40, San Anlonio, Texar, 78230 9 Phone (210) 8794W 0 Fax: (210) 979.8441 • www.hVmnlneers coed Exhibit B "The Property" � OI P 3 4C G}YY f €E�s!�•s �g x 8 WPM min ggqq a mix a €4�� k Sd $ r 9p1" lI }J a: dx i p }� Iu I m G 'r a I d � to •`, �' it r ''� I �.� r I I � f F11 prey € r- A s�lrA��•�f, !p A{£ 1 r 1M t f g 8 E 2 Exhibit C "The Development Standards" See Attached NorTex Farms Planned Development District Schertz, Texas May 2014 Table of Contents I. General ................................................................ ..............................1 A. Introduction ...................................................... ..............................1 B. Purpose and Intent .......................................... ..............................1 C. The Property .................................................... ..............................2 D. In Context to the City of Schertz ...................... ..............................2 AFFECTED UDC ARTICLES II. Zoning Districts (Article 5) ................................. ..............................3 A. Commercial District per the PDD .................... ..............................3 B. Apartment /Multi - Family Residential District per the PDD ...............4 C. Single - Family Residential District per the PDD ..............................4 D. Townhome District per the PDD ...................... ..............................4 E. Dimensional and Development Standards (Section 21.5.7)...........5 III. Special Uses (Article 8) ...................................... ..............................8 A. Home Owners Association (Section 21.8.1 c) .. ............................... 8 B. Architectural Review Committee ...................... ..............................8 IV. Site Design Standards (Article 9) ....................... ..............................8 A. Lots (Section 21. 9. 3) ........................................ ..............................8 B. Exterior Standards (Section 21.9.5) ................ ............................... 9 C. General Landscaping (Section 21. 9. 7) ............. ..............................9 D. Fencing and Screening (Section 21.9.8) ................... ..............10 V. Signs (Article 11) ................................................ .............................10 A. Subdivision Entry Signs (Section 21.11.15) .... .............................10 B. Development Signs (Section 21. 11. 18) ........... .............................12 VII. Transportation (Article 14) ................................ .............................13 A. Sidewalks and Hike and Bike Trails (Section 21.14.6) .................13 B. Street Improvement Standards (Section 21.14.1) ........................14 VIII. Amendments to the Planned Development District (PDD) ........... 14 APPENDIX Exhibit "A" - Overall Recreation and Open Space Master Plan Exhibit "B" - Planned Development District Master Plan Exhibit "C" - Metes and Bounds Exhibit "D" - Island Street Typical Cross - Section NorTex Farms A Planned Development District Schertz, Texas I. General A. Introduction Understanding that there would be circumstances in which a development might not be able to adhere to the strict regulations and design standards set forth in the UDC, established Article 5, Section 21.5.10, a Planned Development District (PDD), as an alternative approach to conventional land development. The City of Schertz Unified Development Code (Ordinance 11 -S -15) as amended will govern development of the property, except for the following statements. Development within the subject property is subject to general development plan review and approval by the City Council. Such general development plan review is to ensure conformance with the guidelines required herein and the goals and objectives of the City of Schertz Comprehensive Plan. B. Purpose and Intent The purpose of PDD regulations is to encourage and promote more creative, innovative, and imaginative land development than would not be possible under the regulations found in a typical zoning district. The intent is to allow substantial flexibility in planning, design and development standards in exchange for greater land values and amenities, such as enhanced parkland and open space, preservation of natural resources, pedestrian friendly environment, and deviation from the typical traffic patterns. It is this intrinsic flexibility, in the form of relief from the normal zoning ordinances, design standards, land use densities, and subdivision regulations, that allows for the definition of uses, densities and standards that will permit the alternative planning associated with a PDD and this development known as "NorTex Farms ". This final PDD master plan, shown as exhibit "B ", introduces and highlights several significant land development improvements including the construction of an internal `spine road', which is a collector classification, connecting the 1 -35 access road to Green Valley Road to the east. Also included are eighty -nine (89) acres of open space, parks (with park improvements), and pedestrian friendly circulations such as hike and bike 1 Planned Development District May 2014 trails. The following presentation includes the Overall Recreation and Open Space Master Plan (exhibit "A "), as well as the engineered lot layout or `Planned Development District Master Plan' (exhibit "B "). C. The Property The attached metes and bounds (exhibit "C ") place the entire property within the corporate limits of the City of Schertz and the ETJ of Cibolo, as well as the Counties of Comal and Guadalupe. The property is located on the IH -35 frontage road, bordering on Schwab Road and Green Valley Road (to the east). To be more precise, this six hundred sixty seven acre tract of land (667 acres) is north of the 1 -35 and FM 1103 intersection and just south of the 1 -35 and Schwab Road intersection. Analysis of the property does not reveal any physical constraints or potential health or safety hazards. Further evaluation of the tract reveals that water and sanitary sewer are available and that the property's demands can be served. Electric service is available to this tract with gas service being available through extensive offsite construction. Access to the property is from IH -35 and Green Valley Road, as well as stub -outs from the adjacent developed residential subdivision. The Overall Recreation and Open Space Master Plan (exhibit "A ") are proposed. Such amenities will include both passive and active areas, as well as pathways and hike and bike trails. Multi- purpose walkways will provide links between park areas, open spaces, neighborhoods, a school site, and such amenities as playscapes, sports courts, playing fields, pavilions, picnic tables, and natural water features. All of which promotes a safe and pedestrian friendly environment and overall livable community. D. In Context to the City of Schertz Within the setting of the City, NorTex Farms is about nine (9) miles from municipal offices, less than six (6) miles to the shopping node at IH -35 and Roy Richard Drive (FM 3009) and most importantly, only three (3) miles from emergency responders (EMS and fire). In terms of schools, the property is within a three (3) mile radius of one (1) elementary school and one (1) Catholic High school. 2 Planned Development District AFFECTED UDC ARTICLES II. Zoning Districts (Article 5) May 2014 There are circumstances, due to property constraints or external factors, which do not always support the notion that one size fits all especially in applying zoning subdivision codes as such relates to property development. As a planned development, the attached PDD Master Plan (exhibit "B ") as well as this document defines the types of uses for this proposed PDD. The plan delineates land uses that are both commercial and residential in character as well as shows public spaces, parks, and open space. This document requests that those Articles and Sections affected by the zoning change be amended or modified and granted by ordinance. The following districts would be defined or modified as: A. Commercial District per the PDD Of the six hundred sixty seven (667) acres that assume the entirety of NorTex Farms, approximately one hundred twenty eight (128) acres fronting on the 135 access road are considered commercial frontage and may only be developed for commercial uses. In addition, there are approximately five (5) acres along the Schwab Rd. thoroughfare extension that are also considered commercial use. Commercial use areas will be subject to the same land use restrictions as the General Business District (GB) as stated in the Schertz UDC 11 -S -15 as amended. Units 15, 16, 17, 18, and 19 are designated as commercial use areas. c Planned Development District May 2014 B. Apartment/Multi- Family Residential District per the PDD Thirty -three (33) acres are designated as an Apartment/Multi- Family site. If this thirty -three (33) acre site does not become Apartment/Multi- Family use, then it can revert at any time to the commercial uses. Apartment /Multi - Family Residential use areas will be subject to the same restrictions and criteria as the Apartment /Multi - Family Residential District (R -4) as stated in the Schertz UDC 11 -S -15 as amended. Unit 15 is designed for Apartment/Multi- Family Residential use. C. Single - Family Residential District per the PDD Each area, as shown and identified on the attached PDD Master Plan, is comprised of a single - family attached or detached residential dwelling on four (4) minimum size lots of 6,600 sf, 7,200 sf, 7,800 sf, and 9,000 sf. D. Townhome District per the PDD Townhome land use areas will be subject to the same restrictions and criteria as the Townhome District (TH) as stated in the Schertz UDC 11 -S -15 as amended. Townhome land use areas are identified on the attached PDD Master Plan. The Townhome section is considered flexible in use and will allow for partial or entirety of 6,600 sf (SF 55) minimum lots for detached housing. In keeping with the UDC's concept of creating a neighborhood unit, this proposal also includes parks, and open space, recreational amenities, and hike and bike trails. 4 Planned Development District Table One- Units & Land Use 1 SF -55 2 SF -55 3 SF -65 4 SF -55 5 SF -75 6 SF -65 7 SF -55 & SF -65 & TOWNHOME 8 SF -65 9 SF -75 10 SF -55 11 SF -75 12 OPEN SPACE/ REC CTR 13 DRAINAGE / OPEN SPACE 14 TOWNHOME 15 APARTMENT/ MULTI - FAMILY AND /OR COMMERCIAL 16 COMMERCIAL 17 COMMERCIAL 18 COMMERCIAL 19 COMMERCIAL May 2014 E. Dimensional and Developmental Standards (Section 21.5.7) The applicable dimensional and development standards for the land use districts are shown in Table Two and reflect those changes proposed by this PDD development. 1. Additional Standards Lots developed under this PDD for residential purposes will comply with the minimum requirements established in Table Two. Such lots designated as residential will have at least the minimum area and width and depth indicated in Table Two of this proposal. 5 Planned Development District May 2014 No portion of the main or primary structure on a residential lot may be located any closer to any lot line or to the street right -of -way line than is authorized in Table Two. The front yard setback shall be measured from the property line to the front face of the main or primary building. Eaves and roof line of the main structure may project into any setback line by no more than two (2) feet. 2. Double Frontage Lots Where residential lots have double frontage, running from one street to another, no access from the rear of the property will be permitted to the street, whether or not the street is considered residential or local, or is classified as a residential collector, collector or greater. Only one access point will be permitted from a residential lot, so long as the access is from the front of the lot. All lots with double frontage within that block will have the same restriction and orientation as the lot on either side. Access in this case shall mean, but not limited to any opening or gate for use by vehicles or pedestrians. R d' ei O N A t0 ►� U O C a) E Q O Gl dl 0 a) C c ca Y a) C > 0 U o o o Q o 0 a) LO LO LO W) z O LO E X CO O O O co ti 0- CO m M co m C\l co X 0) (n 0) U U � N ` N N N N N N U)dU) IL N $ a) a) to LO LO LO LO O r- O O N cn a) .— a) U C a) C U "a U O O O O O O O (0 O } U) m C_ U C M a) -0 LO LO LO O LO LO O U N 0 N N N N N �- N N U `U N a) � Q a) n O O O O r O O O O O a) � (t5 0- a) r r r f .0 Z3 fn � a 0. � ~ a) O N U L O C' O J O O I- co _ N a) a) C a) i F 4 3 4- U _0 (n O O O O O aa) ) U a) COO N oc 0 M O O N Q` c0 I-- I- O M O (6 U = a) m C > 'E 1 'E 'E > 'E 'c= > a) L >, .O E — .0 G N LL N LL N LL (0 LL. U - ;� a) � .> _ r C U � D a) E LL -C O C r c0 c C C C O ~ O a) U cn "v) in in U Q O ) Q E LO O (O rO O = a I'_ U (A U- LL U- U O LL ~ U Q ai Y ca ci Planned Development District III. Special Uses (Article 8) A. Home Owners Association (Section 21.8.1c) May 2014 Even though NorTex Farms is not proposed as a gated community, a Homeowners Association (HOA) will be established to provide upkeep within the development including the maintenance of common areas, landscape buffers, and maintaining fences, and /or walls, except for fences and /or walls located on individual or private lots, as well as hike and bike trails and multi -use paths within the development's common areas. B. Architectural Review Committee The Developer will establish an Architectural Review Committee (ARC) which will be responsible for reviewing and approving construction plans for all residential construction within the NorTex Farms PDD. The ARC will consist of members appointed by the Developer until all of the property within the NorTex Farms PDD has been transferred to an independent third party purchaser or to the HOA. Construction of residential and community amenities within the NorTex Farms PDD shall first be submitted to the ARC for approval and to verify compliance with the terms, conditions and obligations of the PDD and deed restrictions. The ARC shall review such contemplated construction and shall, if approved, provide verification in a form acceptable to the City by which the ARC verifies that the plan for the contemplated construction complies with the PDD and associated guidelines. IV. Site Design Standards (Article 9) This proposed development conforms to the Comprehensive Land Plan for orderly and unified development of streets, utilities, neighborhood design, and public land and facilities. A. Lots (Section 21.9.3) Lot sizes and dimensions will conform to the minimum requirements recognized in Table Two of this PDD. In addition, the following requirements will apply to this PDD: • Residential corner lots will have sufficient width to permit the required building setback noted in Table Two; 9 Planned Development District May 2014 • On a residential corner lot, orientation of the dwelling will be forward facing and in similar physical orientation with the other houses next -door and on the same street. Side orientation will not be permitted; • No driveway cuts or garage access will be permitted from a side orientation of a corner lot; • The width of a residential lot located on a cul -de -sac, knuckle or curve will be no less than forty (40) feet wide at the property line, and at least as wide at the building front set backline, as established in Table Two. • There will be no residential lots fronting or having access, as defined herein under the section dealing with double frontage lots, to the internal `spine road'. B. Exterior Standards (Section 21.9.5) For all new single family residential buildings (excluding multifamily structures), the total exterior surface area of the structure, excluding doors, windows, and roofs shall be constructed of a minimum eighty percent (80 %) masonry. Masonry material shall be defined as that form of exterior construction material consisting of brick, stone, stucco, cemetatious fiberboard, and faux stone or brick. C. General Landscaping (Section 21.9.7) Trees planted along the collector, as defined as having a sixty (60) foot right -of- way, shall be a minimum of two and a half (2.5 ") inch caliper as defined by the American Standard for Nursery Stock. This PDD will provide a twenty (20) foot wide minimum landscape buffer along and adjacent to both sides of the right -of- way of the collector(s). Said landscape buffer shall be duly recorded as a lot, owned and maintained by the Homeowners Association. The internal landscape buffer will provide trees an average of one (1) tree per twenty -five (25) linear feet of street frontage along the internal collector. Trees may be planted in clusters of three (3) or more trees on the internal collector provided that the clusters(s) are spaced no more than seventy -five (75) feet on center (o.c.) measured from the center of the cluster. The HOA will irrigate and maintain said trees located in the common area. A thirty five (35) foot landscape buffer will occur between the buildings on the Commercial District and the beginning of the Single - Family Residential District. 9 Planned Development District D. Fencing and Screening (Section 21.9.8) May 2014 Fencing along the internal collector(s) shall consist of a six (6) foot wood fence, or masonry fence, with masonry columns. Masonry fence allowed will not include Fencecrete or other similar products. The fence shall be maintained by the NorTex Farms Homeowners Association and, if made of wood, will be composed of one inch by four inch (1 "x4 "), six feet (6') tall, vertical cedar planks without gaps between planks, with a top rail. The smooth side of any wood fence shall face out, with framing facing the interior of the lot. The wood fence may be sealed or stained with a clear coat only. No wood fencing shall be painted. V. Signs (Article 11) A. Subdivision Entry Signs (Section 21.11.15) The provisions of this section shall only apply to entry signs that identify the residential or commercial development associated with this PDD. Entry signs may be categorized into two types, being a Pod Sign and a Project Entry Sign. These entry signs are masonry in building material with insets and letters incorporated into them. Pod Signs are masonry built signs that are located at the entrance to each internal pod. The Project Entry Sign will be located at the primary entrance into the subdivision located on 135 access road. 1. Maximum Height Pod Signs: Internal neighborhood entry signs, known as `Pod Signs', shall be monument type signs and shall have a maximum height of five and a half (5Y2) feet (when free standing). Alternatively, the sign(s) can be incorporated and attached to the masonry or wood fence line or wall, which would allow for a maximum height of six (6) feet. Project Entry Sign: The `Project Entry Sign, which is located at the primary development entrance off of 135 access road, will allow for a maximum height of fifteen (15) feet, whether the sign is free standing or is incorporated and /or attached to the entry feature. 10 Planned Development District 2. Maximum Area Pod Signs: May 2014 The maximum area of Pod Signs shall not exceed twenty four (24) square feet per sign face (when free standing). Alternatively, the sign(s) can be incorporated and attached to the masonry or wood fence line or wall, which would allow for a maximum area of thirty two (32) square feet per sign face. The sign face may consist of a surface with lettering and logo. Project Entry Sign: The Project Entry Sign will allow for a maximum area not to exceed thirty two (32) square feet per sign face and may consist of a surface with lettering and logo. 3. Maximum Number of Signs Pod Siqns: Pod Signs shall be permitted at each of the eleven (11) internal subdivision pod entrances. Project Entry Sign: One Project Entry Sign will be allowed. 4. Placement of Sign Pod Signs: Pod signs may be placed at the entrance to each internal pod. Project Entry Sign: The project entry sign will be placed at the primary entrance into the subdivision located on 135 access road. Pod Signs & Project Entry Sign: may be located on one or both sides of the street, or in an island- median and assigned as a common lot with applicable lot and block numbers. 11 Planned Development District 5. Subdivision Entry Feature May 2014 An entry feature which is appropriate in scale to the size of the development and incorporating masonry walls, berms and /or decorative fencing, in combination with the project entry sign, may be constructed at the primary subdivision entrance on 135 access road provided the maximum area per entry sign(s) shall not exceed the square footage noted above. B. Development Signs (Section 21.11.18) Development Signs are typically wood or metal and advertise the community, builders, land uses within the community, and communities within the development. The signs may also be used for providing traffic direction to specific internal destinations. Development signs may be categorized into two types, being Internal Development Signs and Project Development Sign. The Internal Development Signs are wood or metal built signs that are located near the entrance to each internal pod. The Project Development Sign is a wood or metal built sign that is located near the primary entrance into the subdivision located on 135 access road. 1. Maximum Area Internal Development Signs: Development signs internal to the community, known as `Internal Development Signs', shall not exceed thirty -two (32) square feet per sign face. Project Development Sign: The `Project Development Sign', located off of 135 access road, will allow for a maximum area of fifty (50) square feet per sign face. 2. Maximum Height Internal Development Signs: Internal Development Signs shall not exceed six (6) feet in height. Project Development Sign: 12 Planned Development District May 2014 The Project Development Sign, located off of 135 access road, which will allow for a maximum height of fifteen (15) feet. 3. Number of Signs Internal Development Signs: Internal Development Signs are limited to one (1) sign per unit, not to exceed more than one sign per pod entry, and are permitted for the residential development. Project Development Sign: One Project Development Sign is permitted for this development. 4. Duration Internal Development Signs: Internal Development signs per unit may be installed at any time after approval and recordation of the final plat for each unit identified on the master development plan. Internal Development signs are permitted for a duration of three (3) years per sign, or 75% build -out (whichever occurs first). If the unit is not 75% built -out at the end of three (3) years, then the signs may stay installed for one (1) additional year. Project Development Sign: The Project Development Sign may be installed at any time after the approval and recordation of the first final plat. The Project Development Sign must be removed after nine (9) years (from the approval and recordation of the first final plat) or eighty percent (80 %) development of residential units (whichever occurs first). VII. Transportation (Article 14) A. Sidewalks and Hike and Bike Trails (Section 21.14.6) A meandering variable width pathway, between six (6) feet and ten (10) feet wide, will be located within the dedicated park space. The internal 13 Planned Development District May 2014 `spine road' parkway shall contain an eight (8) feet sidewalk on the side abutting the school site (west side) with a five (5) feet pedestrian sidewalk on the opposite side (east side). B. Street Improvement Standards (Section 21.14.1) Street Improvement Standards for the NorTex Farms master development plan are described in Table 2. :Table 3:' Classification ROW Pavement Drainage Sidewalk Hike/ Width Width Bike Trail Secondary 86' 48' Curb or 5' one side 8' other Arterial Curb & side Gutter Collector 60' 42' Curb or 5'& 8' N/A Curb & other side / Gutter ISD site side Local Street- 50' 30' Curb or 5' both N/A Residential* Curb & sides Gutter Notes: * Islands may exist in Right of Way (ROW) of certain units as approved by the City of Schertz. Refer to Exhibit D for typical island roadway cross - section. VI. Amendments to the Planned Development District (PDD) Any significant future changes from the established Dimensional Requirements for the approved PDD, which alter the concept of the PDD or increase the density, will cause the plan to be re- submitted for approval by the Planning & Zoning Commission and the 14 Planned Development District May 2014 City Council, including a new public hearing with applicable fees. Minor changes which do not change the concept or intent of the development shall be approved or denied administratively. 15 O • O � Qf1i to i O 1 i 1 !I v a q o i!, n • f v co m Q Cd , \ � �•I U cc P- CaQ q O y ( - Ij ® 1-4 0 ty m 9 �•' .0 y v o a a -- F-1 j�j I r 11---.1 j 1 j D j 1 � z 0 w. Ja.i?iNn Ernes Q )1OD10 j ®ul0 317G�30�Z7� —_—_ r$o 3 CL z o. �e U� O J 8 pNNNN u� � a millillillill F = �/.tP CJ 7yn iH -:'17 ` - - - ®Cs• J �4;/ C: mT ^ e l /�/I:Y'�.,J m�.m &`A l�, n�.3 '• y a _ n'. � Cgs I Si ry N GIg I 1 nh J 0 IM wr„ _ - f o �p /I n � s I ¢ W- pNNNN 1 a H" qipla IQW ^o.oCe`E$� LO € gk„<Q_ u�dQ MMlo in- y 3 j =s 8 \1 Y ? s t I r � I �p R Y millillillill F = �/.tP CJ 7yn iH -:'17 ` - - - ®Cs• J �4;/ C: mT ^ e l /�/I:Y'�.,J m�.m &`A l�, n�.3 '• y a _ n'. � Cgs I Si ry N GIg I 1 HIIIIIIIIIIII J a _ - f o �p 1 a H" qipla IQW ^o.oCe`E$� LO € gk„<Q_ u�dQ MMlo in- y 3 j =s 8 \1 Y ? s t I r � I �p R Y I a 0 s s "s 0 S millillillill 11 HIIIIIIIIIIII Millillililill I a 0 s s "s 0 S FIRM LICENSE NO. 10122300 FIELD NOTES FOR A 433.43 ACRE TRACT A 433.43 acre tract of land out of the J.F. Zepeda Survey No. 257, Abstract 685, J.F. Zepeda Survey No. 257, Abstract 471, C.M. Gahagan Survey No. 258, Abstract 182, C.M. Gahagan Survey No. 258, Abstract 142, P. San Miguel Survey No. 256, Abstract 227, State Survey, Abstract Tate2 and being out of the remaining portion of a 118.86 acre tract of land, known as Tract I -1, a 32.6 acre tract of land, known as Tract I -2, an approximate 4.0 acre tract of land, known as Tract I -3, the remaining portion of a 76.356 acre tract of land, known as Tract I4, the remaining portion of a 10.608 acre tract of land, known as Tract 1 -5, a 148.57 acre tract of land, known as Tract I -6, a portion of the 149.5 acre tract of land, known as Tract I -7, a 130.3 acre tract of land, known as Tract I -8, a 2.326 acre tract of land, known as tract I -9, a 0.357 of an acre tract of land, known as Tract I -10 as conveyed to NAN NorTex, LTD. of record in Document Number 201106000950 of the Official Public Records of Comal County, Texas, and a portion of the 100 acre tract of land, known as Tract II, conveyed to NAN Management, LLC, of record in Document Number 201106000952 of the Official Public Records of Guadalupe County, Texas. 126.24 acres, being situated in Comal County, Texas and 307.19 acres, being situated in Guadalupe County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", in the southeast right -of -way line of Interstate Highway 35, a variable width right -of -way, in the northeast line of Lot 27, Block 17, a variable width Sanitary Sewer Easement of The Fairways at Scenic Hills, Unit 3B, a subdivision plat of record in Volume 7, Page 203 of the Map and Plat Records of Coma] County, Texas, for the northwest comer of the remaining portion of a 10.608 acre tract of land and the tract on land described herein, from which a found Texas Department of Transportation Monument Type 2 bears, N 29' 34' 33" W, a distance of 4.79 feet; THENCE: Along and with the southeast right -of -way line of Interstate Highway 35, the northwest lines of the remaining portion of the 10.608 acre tract of land, the 2.326 acre tract of Iand and the 0.357 of an acre tract of land, the following calls and distances: 1. N 52° 20' 03" E, a distance of 41.17 feet to a set IVY' iron rod with a blue plastic cap stamped "KFW Surveying" at an angle point of the tract of land described herein; 2. N 59° 40' 24" E, a distance of 34.71 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 3. N 13° 21' 30" E, a distance of 16.40 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 4. N 51 ° 32' 23" E, a distance of 274.08 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 5. N 54° 57' 53" E, a distance of 49.37 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 6. N 54° 38' 39" E, a distance of 50.19 feet to a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 14603 Huebner Rd. Bldg 40, San Antonio, Texas 78230 0 Phone: (210) 979.8444 0 Fax. (210) 979 -8441 0 www.kfwengineers.com 7. N 54" 39' 30" E, a distance of 352.47 feet a found Texas Department of Transportation Monument Type 2 at an angle point of the tract of land described herein; 8. N 59° 21' 41" E, a distance of 2131.54 feet to a found Texas Department of Transportation Monument Type 2, at an angle point of the tract of land described herein; 9. N 65° 12' 35" E, a distance of 35.40 feet to a found ! / ?" iron rod, at an angle point in the northwest line of the East 5.000 acre tract of land conveyed to Lee F. and Bertiel Flowers of record in Volume 3488, Page 939 of the Official Public Records of ComaI County, Texas, for the northeast corner of the 0,357 of an acre tract of land and northerly northeast corner of the tract of land described herein; THENCE: S 52° 13' 41" W, along and with the southeast line of the 0.357 of an acre tract of land and the northwest line of the East 5.000 acres and the West 5.00 acre tract of Iand conveyed to Lee F. and Bertiel Flowers of record in Volume 3488, Page 939 of the Official Public Records of Comal County, Texas, a distance of 507.39 feet to a set 1 /2" iron rod with a blue plastic cap stamped "KFW Surveying ", in the southeast line of the 0.357 acre tract of land, for the northwest corner of the West 5.000 acre tract of land, the northeast corner of the 130.3 acre tract of land and for an interior corner of the tract of land described herein; THENCE: S 06" 21' 01" E, along and with the southwest line of the West 5.000 acre tract of land and a northeast line of the 130.3 acre tract of land, a distance of 785.30 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", for the southeast corner of the West 5.000 acre tract of land, the northwest corner of the 32.6 acre tract of land and an interior corner of the tract of land described herein; THENCE: N 59" 43' 39 "E, along and with the northwest line of the 32.6 acre tract of land, the southeast line of the West 5.000 acre tract of land and the East 5.000 acre tract of land and a 10.00 acre tract of land conveyed to Keith M. Orme, Trustee of record in Document Number 9706000778 of the Official Public Records of Comal County, Texas, at a distance of 577.57 feet passing a found 1/2" iron rod in concrete for the southeast corner of the East 5.000 acre tract of land and the southwest corner of the I0.00 acre tract of land and continuing on for a total distance of 1118.42 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", for an interior corner in the southeast line of the 10.00 acre tract of land and a north corner in the northwest line of the 32.6 acre tract of land and the tract of land described here; THENCE: N 81" 14' 37" E, along and with a southeast line of the 10.00 acre tract of land and a northeast line of the 32.6 acre tract of land, a distance of 183.94 feet to a found 1/2" iron rod in concrete, in the west right -of -way line of Schwab road, for the southeast corner of the 10.00 acre tract of land, the northeast corner of the 32.6 acre tract of land and the easterly northeast corner of the tract of land described herein; THENCE: S 08" 46' 10" E, along and with the west right-of-way line of Schwab Road and an east line of the 32.6 acre tract, a distance of 961.00 feet to a set %2" iron rod with a blue plastic cap stamped "KFW Surveying ", for the southeast corner of the 32.6 acre tract of land, the northeast corner of the approximate 4 acre tract of land and for an angle point of the tract of land described herein; THENCE: S 134 10' 12" E, along and with the east line of the approximate 4 acre tract of land, a distance of 525.00 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", for the southeast corner of the approximate 4 acre tract of land, the northerly northeast corner of the 148.57 acre tract of land, in the west line of a 40.00 acre tract of land, known as Tract 1, conveyed to RBV 2 Limited Partnership, of record in Volume 1654 Page 902 of the Official 14603 Huebner Rd. Bldg 40, San Antonio, Texas 78230 0 Phone, (210) 979 -8444 0 Fax: (210) 979 -8441 0 www,kfwengineers.com Public Records of Guadalupe County, Texas and for an angle point of the tract of land described herein; THENCE: S 09' 32' 31" E, along and with the west line of the west line of the 40.00 acre tract of land, known as Tract 2, an east line of the 148.57 acre tract of land, a distance of 129.96 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", for the southwest corner of the 40 acre tract of land, known as Tract 2, the northwest corner of a 40.00 acre tract of land, known as Tract 1, conveyed to RBV 2 Limited Partnership, of record in Volume 1654 Page 902 of the Official Public Records of Guadalupe County, Texas of for an angle point in the 148.57 acre tract of land the tract of land described herein; THENCE: S 08' 07' 03" E, along and with the west line of the 40.00 acre tract of land, known as Tract 1, and an east line of the 148.57 acre tract of land, a distance of 833.40 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", for the southwest corner of the 40.00 acre tract of land, known as Tract 1, an interior corner of the 148.57 acre tract of land and the tract of land described herein; THENCE: N 71' 52' 57" E, along and with the southeast line of the 40.00 acre tract, of land known as Tract 1, and a northwest line of the 148.57 acre tract of land, a distance of 1666.73 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", for the northwest corner of a I5.66 acre tract of land, known as Tract 3 conveyed to RBV 2 Limited Partnership, of record in Volume 1654 Page 902 of the Official Public Records of Guadalupe County, Texas, for an easterly corner of the 148.57 acre tract of land and the tract of land described herein; THENCE: S 08' 48' 52" E, along and with the west line of the 15.66 acre tract of land and an east line of the 148.57 acre tract of land, a distance of 1379.21 feet to a set /z" iron rod with a blue plastic cap stamped "KFW Surveying ", in a northwest line of a tract of land conveyed to Melvin W. and Ruby F. Schwab, of record in Volume 1413 Page 497 of the Official Public Records of Guadalupe County, Texas, for the southwest corner of the 15.66 acre tract of land, an easterly southeast corner of the 148.57 acre tract of land and an easterly corner of the tract of land described herein; THENCE: Along and with a northwest line of the Schwab tract of land and a southeast line of the 148.57 acre tract of land, the following calls and distances: 1. S 61" 59' 15" W, a distance of 445.47 feet to a set 'l2" iron rod with a blue plastic cap stamped "KFW Surveying ", for an interior corner of the Schwab tract of land and at an angle point of the tract of land described herein; 2. N 2l' 27' 28" W, a distance of 223.23 feet to a set i2" iron rod with a blue plastic cap stamped "KFW Surveying ", for the northerly northeast corner of the Schwab tract of land, an interior corner of the 148.57 acre tract of land and the tract of land described herein, and 3. S 593 28' 32" W, a distance of 1008.68 feet to a set 112" iron rod with a blue plastic cap stamped "KFW Surveying ", for the northwest corner of the Schwab tract of land, the northeast corner of the 149.5 acre tract of land and an interior corner of the tract of land described herein; THENCE: S 30' 3 P 02" E, along and with a southwest line of the Schwab tract of land and a northeast line of the 149.5 acre tract of land, a distance of 607.90 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", the northeast corner of a 0.7 of an acre tract of land, conveyed to Melvin W. and Ruby F. Schwab, of record in Volume 1413 Page 497 of the Official 14603 Huebner Rd. Bldg 40, San Antonio, Texas 78230 0 Phone: (210) 979 -8444 0 Fax: (210) 979 -9441 0 www.kfwengineers.com Public Records of Guadalupe County, Texas, an easterly corner of the 149.5 acre tract of land and the tract of land described herein; THENCE: S 58' 31' 00" W, along and with. the northwest line of the 0.7 of an acre tract of land and a southeast line of the 149.5 acre tract of land, a distance of 86.82 feet to a found 60d Nail in concrete, for the northwest corner of the 0.7 of an acre tract of land and an interior corner of the 149.5 acre tract of land and the tract of land described herein; THENCE: S 30" 35' 23" E, along and with the southwest line of the 0.7 of an acre tract of land and a northeast line of the 149.5 acre tract of land, a distance of 351.70 feet to a found 60d Nail in concrete, for the southwest corner of the 0.7 of an acre tract of land, an interior corner of the 149.5 acre tract of land and the tract of land described herein; THENCE: N 59" 18' 13" E, along and with the southeast line of the 0.7 of an acre tract of land, a southeast line of the Schwab tract of land and a northwest line of the 149.5 acre tract of land, a distance of 1007.77 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", for an interior corner of the Schwab tract of land, an angle point of the 149.5 acre tract of land and the tract of land described herein; THENCE: S 85' 27' 02" E, along and with a southwest line of the Schwab Tract of land and a northeast line of the 149.5 acre tract of land, a distance of 40.00 feet to a set !'2" iron rod with a blue plastic cap stamped "KFW Surveying ", for an interior corner of the Schwab tract of land, an angle point of the 149.5 acre tract of land and the tract of land described herein; THENCE: S 29" 49' 00" E, along and with a southwest line of the Schwab tract of Iand, a southwest right -of -way line of Green Valley Road, (County Road 376), a variable width right -of- way and a northeast line of the 149.5 acre tract of land, at a distance of 199.06 feet, passing the southwest line of the Schwab tract of land, the northwest right -of -way line of Green Valley Road, continuing a total distance of 224.95 feet to a set '/2" iron rod with a blue plastic cap stamped "KFW Surveying" on the ostensible location of the city limits line of the City of Schertz and City of Cibolo ETJ line, for the southeast corner of the tract of land described herein, from which a found 318" iron rod in concrete, for the northeast corner of a 14.346 acre tract of land, conveyed to Geraldine H. Kierum, of record in Volume 643 Page 450 of the Official Public Records of Guadalupe County, Texas and an easterly corner of the 59.918 acre tract of land bears S 29' 49' 00" E, a distance of 825.05 feet; THENCE: S 50' 04' 57" W, along and with the ostensible location of the city limits line of the City of Schertz and City of Cibolo ETJ line, into and across the 149.5 acre tract and the 100 acre tract, a distance of 4083.87 feet to a found 1/2" iron rod, for the northeast of a 20.00 acre tract of land, conveyed to Nor -Tex HQ Farm, LTD., of record in Volume 2949 Page 993 of the Official Public Records of Guadalupe County, Texas, the southwest line of the 100 acre tract of land, for the southeast corner of the 18.751 acre tract of land, conveyed to Lee Novikoff, of record in Volume 1693, Page 120 of the Official Public Records of Guadalupe County, Texas and an the southwest corner of the tract of land described herein; THENCE: N 30" 20' 29" W, along and with the northeast line of the 18.751 acre tract of land and the southwest line of the 100 acre tract of land, a distance of 320.81 to a found 1/2" iron rod with a plastic cap stamped "CEC ", for the southeast corner of the remaining portion of the 76.356 acre tract of land, the northwest corner of the 100 acre tract of land, an easterly corner of the 18.751 acre tract of land and an interior corner of the tract of land described herein; 14603 Huebner Rd. Bldg 40, San Antonio, . Texas 78230 0 Phone: (210) 979 -8444 0 Fax. (210) 979 -8441 0 www,kiwengineers.com x , THENCE: S 80' 16' 13" W, along and with a north line of the 18.751 acre tract of land and the southeast line of the remaining portion of the 76.356 acre tract of land, a distance of 12.95 feet to a found 1/2" iron rod with a plastic cap stamped "CEC ", for the southwest corner of the remaining portion of the 76.356 acre tract of land, an interior corner of the 18.751 acre tract of land and a westerly corner of the tract of land described herein; THENCE: N 30' 56' 16" W, along and with the northeast line of the 18.751 acre tract of land, a northeast line of The Links at Scenic Hills, Unit 3, a subdivision plat of record in Volume 7, Page 646 of the Map and Plat Records of Guadalupe County, Texas and the southwest line of the remaining portion of the 76.356 acre tract of land, at a distance of 216.25 feet, passing a found 'i2" iron rod with a plastic cap stamped "Jacobs Prop ", for the northeast corner of the 18.751 acre tract of land and the southeast corner of The Links at Scenic Hills, Unit 3, continuing a for total distance of 501.70 feet to a set ' /z" iron rod with a blue plastic cap stamped "KFW Surveying ", for the northwest corner of the remaining portion of the 76.356 acre tract of land, an interior corner of The Links at Scenic Hills, Unit 3 and a westerly corner of the tract of land described herein; THENCE: N 12" 20' 23" W, along and with the northeast lines of The Links at Scenic Hills, Unit 3, the remaining portion of a 168.088 acre tract of land, conveyed to Investment Scenic Hills, LTD, of record in Volume 1634, Page 179 of the Official Public Records of Guadalupe County, Texas, The Links at Scenic Hills, Unit 1, a subdivision plat of record in Volume 7, Page 389 of the Map and Plat Records of Guadalupe County, Texas, the RepIat of Fairhaven, Unit 2, a subdivision plat of record in Volume 7, Page 447 of the Map and Plat Records of Guadalupe County, Texas, Fairhaven, Unit 2, a subdivision plat of record in Volume 7, Page 224 of record in the Map and Plat Records of Guadalupe County, Texas, the northwest line of the remaining portion of the 76.356 acre tract of land, the west line of the 149.5 acre tract of land and the remaining portion of the 118.86 acre tract of land, at a distance of 1335.20 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying" in the northeast line of Lot 52, Block 26 of The Links At Scenic Hills, Unit 1 of record in Volume 7 Page 389 of the Map and Plat Records of Guadalupe County, Texas and for the southwest corner of a 23.76 acre tract of land conveyed to the Board of Trustees of The Schertz- Cibolo-Universal City Independent School District of record in Volume 4176 Page 283 of the Official Public Records of Guadalupe County, Texas, for a westerly corner of the tract described herein, from which a found 1 /2" iron rod with a plastic cap stamped "C -B SA Prop ", for the northeast corner of Lot 57, Block 26 of the Replat of Fairhaven, Unit 2, the southeast corner of Lot 36, of the Fairhaven, Unit 2 bears S 12' 20' 23" E, a distance of 197.59 feet; THENCE: Along and with the 23.76 acre tract of Iand, into and across the 148.57 acre tract of Iand and the remaining portion of the 118.86 acre tract of land, the following calls and distances: 1. N 79'11'57" E, a distance of 596.17 feet to a set 1/2" iron rod with a blue plastic cap stamped "KFW Surveying ", for an angle point of the tract described herein, 2. N 50"03'22" E, a distance of 820.77 feet to a set 'rz" iron rod with a blue plastic cap stamped "KFW Surveying ", for a southeast corner of the 23.76 acre tract and an interior corner of the tract of land described herein, 3. N 33 °40'59" W, a distance of 722.00 feet to a set'ri" iron rod with a blue plastic cap stamped "KFW Surveying ", for a northeasterly corner of the 23.76 acre tract and an interior corner of the tract of land described herein, 4. S 5618'31" W, a distance of 241.20 feet to a set '/2" iron rod with a blue plastic cap stamped "KFW Surveying ", for an angle point of the tract of land described herein, 14603 Huebner Rd, Bldg 40, San Antonio, Texas 78230 0 Phone: (210) 979.8444 0 Fax: (210) 979 -8441 0 www.ktwengineers.com 5. S 63"45'09" W, a distance of 567.84 feet to a set 'rz" iron rod with a blue plastic cap stamped "KFW Surveying ", for an angle point of the tract of land described herein, 6. S 7739'37" W, a distance of 234.68 feet to a set ' /s" iron rod with a blue plastic cap stamped "KFW Surveying ", for an interior corner of the tract of land described herein, 7. N 12"20'23" W, a distance of 361.41 feet to a set I/Y' iron rod with a blue plastic cap stamped "KFW Surveying ", for an angle point of the tract of land described herein, 8. N 2938'53" W, a distance of 305.62 feet to a set 'r'z" iron rod with a blue plastic cap stamped "KFW Surveying ", for an interior corner of the tract of land described herein, and 9. S 6021'07" W, a distance of 50.00 feet to a set 4'2" iron rod with a blue plastic cap stamped "KFW Surveying ", for the southeast corner of Lot 17 of Fairhaven, Unit 2, at the termination of the northeast right -of -way line of Black Butte, a 50' right -of -way, of record in Volume 6 Page 763 of the Map and Plat Records of Guadalupe County and the northwest corner of the 23.76 acre tract of land and for a westerly corner of the tract of land described herein; THENCE: N 29 38' 53" W, along and with the northeast line of The Fairways at Scenic Hills, Unit 3B, The Ridge at Scenic Hills, Unit 1, a subdivision plat of record in Volume 6, Page 763 of the Map and Plat Records of Guadalupe County, Texas, the southwest line of the 130.3 acre tract of land and the 148.57 acre tract of land, a distance of 1012.96 feet to a found ' /z" iron rod, for the southwest corner of Lot 23 and the northeast corner of Lot 26 and for an angle point in the southeast line of The Fairways of Scenic Hills, Unit 3B, for an angle point in the southwest line of the 130.3 acre tract of land and the tract of land described herein; THENCE: N 29° 34' 33" W, along and with the northeast line of The Fairways at Scenic Hills, Unit 3B, a 0.3227 of an acre tract of land, conveyed to Charlie N. and Gayle A. Maltby, of record in Volume 861, Page 8 of the Official Public Records of Coma] County, Texas, a 0.4469 of an acre tract of land, conveyed to Randall F. and Eileen T. Moore, of record in Document No. 9806008458 of the Official Public Records of Comal County, Texas, a 0.5696 of an acre tract of land, conveyed to Louis P. Maria A. and Linda L. Martinez, of record in Document No. 9906033723 of the Official Public Records of ComaI County, Texas, the southwest line of the 130.3 acre tract of land and the remaining portion of a 10.608 acre tract of land, at a distance of 1328.90 feet passing a found ' ✓`z" iron rod with a plastic cap stamped "CEC ", for the northeast corner of The Fairways at Scenic Hills, Unit 3B, the southeast corner of the 0.3227 of an acre tract of land, continuing for a total distance of 1803.74 feet to the POINT OF BEGINNING and containing 433.43 acres, or 18,880,328 square feet more or less situated in the City of Schertz and the City of Cibolo, Coma] County and Guadalupe County, Texas and being described in accordance with a survey prepared by KFW Surveying. Job No.: 13.016 Prepared by: KFW Surveying Date: May 20, 2014 File: SADraw 2013 \ \13 -016 Noricx \DOCS\FN 433.43 14603 Huebner Rd. Bldg 40, San Antonio, Texas 78230 0 Phone: (210) 979 -8444 0 Fax: (210) 979-8441 0 wwwAtwengineers,corn NORTEX FARMS PROPOSED TYPICAL ISLAND DETAIL R.O.W. VARIES ISLAND 10' PARKWAY 24' WIDTH VARIES FACE OF CURB TO FACE OF CURB MIN. 2' SEPARATION I 5' SIDEWALK I 2 2% CURB & GUTTER CURB & GUTTER I TYPICAL ISLAND DETAIL NOT TO SCALE PNGMEFltS & w "W1513 IlEJJ NVE8I.1HRAA6tDO- FHWIE(110 /9)A6!!I SA / /A / / /O'."D, 1EYAS ]B1JJ FAY(210),*Wf41 NorTex Farms A Master Planned Community Schertz, TX Manager /Developer for Project: Denton Communities 60 year old family owned & operated real estate development company. Local to the San Antonio & surrounding areas. Notable projects include: • Lincoln Heights • Inwood • Longhorn Quarry development • Oakwell Farms • Rogers Ranch • Kinder Ranch • Willis Ranch • Bentley Manor • Willow Wood • Huntington of Shavano Park • Shavano Highlands • Menger Springs • Setterfeld Estates • Sunset Villas of Alamo Heights • Two Creeks • Over 200 projects completed in the 1980s and 1990s • Currently managing over 40 residential developments in San Antonio & surrounding areas. Location of NorTex Farms Land Plans &Details U. D, 14 - - - - - - - - - - - JIM Hl� 7 .. . 113 --.1 5r, j 1Z ,a J1 NOR7FXFARMS Suao/v/s/01V LAND PLAN EXHIBIT Land Plans &Details: Schertz eAA !�1AlAAe.AA •e a -•• I�ooA ®mA�m Ifi9^3ilAl�%J��AZf�89" ��6+J�� I�oaOam ®gym _ ©a ®ae ®moo �� 1 ■� I �� � to ®0avv ® ®o �� ®�asaoo�o .y i `� +A,xrao.'iiuem+:,nraw . r + ` •�- is i Q lA ---coo � ' Y eAA !�1AlAAe.AA •e a -•• I�ooA ®mA�m Ifi9^3ilAl�%J��AZf�89" ��6+J�� I�oaOam ®gym _ ©a ®ae ®moo �� 1 ■� I �� � to ®0avv ® ®o �� ®�asaoo�o Land Plans &Details: Schertz Total Acres: 457 (126 acres Commercial, 307 acres Residential, 23 acres Elementary School Site) Total Lots: 750 Lots/ Acre: 2.7 Lot Sizes / Number: 55's, 65's, 75's, Townhomes House Price Range: mid $200's to the $500's Total Park & Open Space Acres: 80 Commercial Use: Commercial (& Multi- family) on frontage. Park Plan &Details Park Uses: • Two Community Centers • 14 acre City Park with lake (Approved by Parks Advisory Board 2.24.14) • Extensive Multi -Use Walking Path & Trails • Pool • Pavilion • Playground / Playscape • Sport Court • PlayingFields • Frisbee Golf • Tree plan & landscaping in parkways Future Connection to Dry Corral Creek Creenway Park Plan Schertz City Park + Play Fields Community Centers Disc Golf Areas Proposed Con nection to LOpen Space / Recreation Areas — isting'Park and CSpecial Use Facility Recreation Center S Ne : Tina pl— is avnwpival and -bj— w ch.Wg NorTex Overall Recreation and Open Space Master Plan nwA 2 -24-14 Park Plan: City Park Component/ Signage� - ' 0 2-24-14 -. t10n to EC - -- \ 1 :fisting n }L Recreation 51te Park Plan: Community Center A ,a pri;lc npctitpn `` N&. T pl., is ..—cl A-I ands ,.bj-t i. ch-g., i Picnic Area Optional Community Garden) low, DWA Park Plan: Community Center B NorTex - --- I�� - -- - -I i Community Center `B' t tPicnic Facilities Playground + tional \ bpehir - -- is- t. NorTex D rive t 1' - � -- -- _ AW No4c: this piAn is ronccphde e.ndi suhjccl W chpnh+c / , �/ - , 1 1= �24 -14 1 t Additional Information: Densities &House Price Ranges LOT SIZE PRICE OF LOT (@ TYPICAL PRICE OF RANGE OF HOUSE $1,000 PFF) HOUSE PRICE 55' $55,000 $275,000 mid $200's to mid $300's 65' $65,000 $325,000 low $300's to high $300's 75' $75,000 $375,000 mid $300's to the $500's Price range from mid $200's to the $500's. Higher priced homes will equate to higher architectural house details and standards - to justify the value added and salability of the higher price of the house. All of the above characteristics equate to a `higher -end' community. Typical Questions &Concerns: Drainage • Detention basins are planned for the appropriate drainage locations (detention is mandatory in both the City of Schertz and the City of Cibolo. • Under the detention scenario no increased storm water runoff will leave the site and pre- development / pre- existing conditions for drainage are maintained. • A `Preliminary Drainage Report' has been submitted and approved by the City of Schertz (and City of Cibolo) Engineering Department. • A more detailed analysis and sizing of all detention basins will occur at the platting stage for each subdivision / unit. • All of the above conditions will be reviewed and approved by the City of Schertz (and Cibolo) during the platting and permitting process and before any construction can begin. Typical Questions &Concerns: Traffic • Multiple routes exist for ingress / egress throughout the community. • Per the TIA (Traffic Impact Analysis) and Rough Proportionality, an abundance of access and circulation improvements have been met (and exceeded) by the developer for this community. • NorTex Drive and the `North -South collector' are collector classifications and meet the size requirements of the Cities of Schertz and Cibolo. These designated street designs also meet the master thoroughfare plan requirements for the Cities of Schertz and Cibolo. • Green Valley Rd. is on the master thoroughfare plan (for the City of Cibolo) and is to be improved per the developer required improvements for construction of half of the width of Green Valley Rd. on the property's frontage. • All roads and classification of roads are per the review of City of Schertz (and Cibolo) and will be reviewed and approved by the Cities prior to construction. Typical Questions &Concerns: Traffic Typical Questions & Concerns: Neighbor Value • Will house prices in NorTex Farms devalue my house in Scenic Hills / Northcliffe? House price values will exceed those of Scenic Hills / Northcliffe. NorTex Farms pricing will be in the $200's to $500's. Will there be `a sea of rooftops' outside my back window? NorTex Farms has a net density of 2.7 dwelling units per acre — a very low residential density and impact for its type, with multiple green spaces, natural areas (and lake), and passive & active recreational amenities. The rezoning of the land can be considered a `down zowning' as the PDD designation allows for less intense uses than the current GB (General Business) zoning that exists for the tract. • Will new houses cause new traffic problems? Multiple access points exist in NorTex Farms, including a collector classified road from I35 to Green Valley Rd. Roads are sized appropriately & per TIA analysis for proper circulation, including major roads on City thoroughfare plans being built by the developer. Improvements to Schwab Rd. and Green Valley Rd. will exist. NorTex Farms is a 10 to 15 year project with homes being built in stages per development phases. • Will new houses and improvements cause drainage issues to my property? NorTex Farms must provide `detention' on site per Schertz and Cibolo City code. Basins will be sized appropriately at platting stage, with a preliminary drainage report having already been reviewed and approved by the City of Schertz and Cibolo. Natural low areas have been left as natural with added drainage improvements planned. The end drainage scenario will be an improvement from the current natural situation given added drainage and detention improvements. PDD vs. Straight Zoning • The collaboration of the developer with City Staff to create a community that respects the natural environment, creates new natural usable spaces, new amenities, multiple housing products, and various land uses within a master plan for development. • Under a PDD there is less overall density than a typical R2 zoning land plan for 70' lots. The PDD provides for more open space & usable green space as part of the master plan and the variability of residential lot sizes. • The PDD produces 750 residential lots and 80 acres of recreational open space (with multiple recreation sites), a typical 70' lot land plan under R2 zoning produces 904 lots and minimal usable open space (see next exhibit for all 70' lot master plan). • In conjunction with the expansive open space and variability of housing product, a more aesthetic curve- linear street design is created through the PDD. • The PDD document requires a higher degree of attention to detail, regulation, and aesthetic improvements to the community fie., entry monument specifics, signage specifics, recreational spaces and amenities, streetscape details (trees / columns / fencing) 1. • The PDD land plan creates multiple housing products with more varied price options and lifestyle options, while allowing for a broader and more robust marketing appeal to homebuyers and citizens in a master planned community adapted to the constraints and opportunities of the environment. A1170' Lot Plan PDD vs. Straight Zoning 55', 65', 75' Lots 750 Total Lots 80 Acres of Open Usable Space Recreation Centers, Pools, Multi -Use Pathways, Multiple Park Areas. Curve - Linear Streets with Street Beautification 70' Lots 904 Total Lots Minimal Open Usable Space Minimal Park Area per City Requirements Straight Streets- Maximum Lot Efficiency Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: June 10, 2014 Department: Information Technologies Subject: Ordinance No. 14 -T -27 Approval of an Ordinance authorizing a budget adjustment to establish additional expenditures in the FY 2013/14 Budget related to the upgrading of Fiber provided by Time Warner Cable. First Reading (B. James/M. Clauser). BACKGROUND: The I.T. Dept. is charged with ensuring reliable and efficient services to staff and residents of our City. Part of our mandate is to provide reliable and responsive internet connectivity to support our various departments, including our Public Safety staff. This connectivity carries all internet traffic to and from our various websites, provides remote - access to staff, and acts as a conduit for most of our other business related web communications, including email, etc. The City currently utilizes Time Warner Cable (TWC) for internet services. The service from City Hall to Station 2 ERC at 19085 IH 35 is a 2 Mbps service. It no longer meets our current needs and does not allow for growth. The City therefore needs to upgrade its internet access. The proposed TWC contract will increase our bandwidth from 2mbps by 2 mbps (2x2) to a 10 mbps by 10 mbps (10x10) connection to the Station 2 ERC location at 19085 IH 35. This increase will allow us meet our current demands for access. However, it is anticipated that demand for internet -based connectivity will continue to rise as the City continues to grow. As that demand increases additional bandwidth will become necessary, and the I.T. department will return to Council for authorization. The I.T. Dept. is requesting approval of Ordinance No. 14 -T -27 for a budget adjustment so that the City can amend our current contract with Time Warner Cable to provide the increased bandwidth. GOAL: To increase our internet bandwidth for the City to meet demands for reliable, responsive service by our Public Safety personnel. COMMUNITY BENEFIT: 50492900.1 City Council Memorandum Page 2 The increase will allows us to cover the current demand that all internet -based services have on our existing systems, as well as the meeting the increasing demand from Public Safety employees. SUMMARY OF RECOMMENDED ACTION: Approval of first reading of Ordinance No. 14 -T -27 authorizing a budget adjustment for increased bandwidth with Time Warner Cable for services from City Hall to Station 2 ERC at 19085 IH 35. FISCAL IMPACT The I.T. Dept. is requesting a budget adjustment in the amount of $2,712.00 for this current fiscal year. These funds will be moved from 101 - 257 - 551400 Fire Dept. and 203 - 280 - 533330 EMS Dept. into the I.T. Dept. budget 101- 853 - 533330 Telephone /Internet. The remaining expenses for FY 14 -15 will be $10,800.00 and FY 15 -16 will be $10,800.00 and $8,088.00 for FY 16 -17 will be budgeted under the I.T. Dept. account number 101 - 853 - 533330 for Telephone /Internet Services. STAFF RECOMMENDATION Approval of First Reading of Ordinance No. 14 -T -27 ATTACHMENT Ordinance No. 14 -T -27 ORDINANCE NO. 14 -T -27 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO ESTABLISH ADDITIONAL EXPENDITURES IN THE FY 2013 -14 BUDGET IN THE AMOUNT OF $2,712.00 RELATED TO THE UPGRADING OF FIBER PROVIDED BY TIME WARNER CABLE FROM 2 MBPS TO 10 MBPS TO INCREASE BANDWIDTH TO COVER THE DEMAND THAT PUBLIC SAFETY DEPARTMENTS AT STATION 2 LOCATED AT 19085 11135 HAVE ON OUR NETWORK; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City wishes to increase our internet bandwidth to from 2 Mbps to 10 Mbps to Station 2 ERC at 19085 11135 to cover the demand for current and future needs; and WHEREAS, the City needs to establish a budget of $2,712.00 for the remainder of this fiscal year and the I.T. dept. will budget the remaining $10,800.00 FY 14 -15 and $10,800.00 for FY 15 -16 and $8,088.00 for FY 16 -17; and WHEREAS, the City Council has determined that it is in the best interests of the City to authorize a budget adjustment to fund this fiscal year's expenses of $2,712.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City authorizes a budget adjustment to transfer $1,356.00 from the Fire Department Fund 101- 257 - 551400 account and $1,356.00 from the EMS Department Fund 203- 280- 533330 to help fund the increased bandwidth with Time Warner Cable. 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 10th day of June 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the 17th day of June, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 - CITY COUNCIL MEMORANDUM City Council Meeting: June 10, 2014 Department: Public Works Agenda No. 6 Subject: Ordinance No. 14 -T -30 — An Ordinance authorizing a budget amendment to establish additional expenditures in the FY 2013/14 budget related to the Southern Watershed Regional Water Reclamation Plant. First Reading. BACKGROUND The City entered into an Interlocal Agreement with Cibolo Creek Municipal Authority (CCMA) for the preliminary engineering and design work to construct the Southern Watershed Regional Water Reclamation Plant in August 2012 with Resolution 12 -R -72. The Agreement with CCMA is to design a Wastewater Treatment Plant (WWTP) that will service the Schertz residents south of FM 78. Currently, the project is in the engineering and design phase. CCMA sent a letter (Exhibit "A ") to the City requesting to increase the budget for the plant by an amount not to exceed $10,000 to hire a Landscape Architect for aesthetic and screening purposes of the plant. The original estimated budget for Engineering and Design of the project is $267,000. Goal: To establish additional expenditures in the FY 2013 -14 Budget items relating to the hiring of a Landscape Architect by CCMA for the Southern Watershed Regional Water Reclamation Plant. Community Benefit: Proper landscaping around the property around the plant will provide for a more pleasing view for neighboring residents. Summary of Recommended Action: Approve Ordinance No. 14 -T -30 on first reading increasing the FY 2013 -14 Budget by $10,000 for the purpose of hiring a Landscape Architect related to the Southern Watershed Regional Water Reclamation Plant. FISCAL IMPACT $10,000 added to the original estimated Engineering and Design Budget for an estimated total of $277,000 to be paid from the Capital Recovery Fund. STAFF RECOMMENDATION Staff recommends approval of the budget adjustment Ordinance No. 14 -T -30 on the first reading. ATTACHMENT(S) Ordinance No. 14 -T -30 Exhibit "A" Letter from CCMA ORDINANCE NO. 14 -T -30 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO ESTABLISH ADDITIONAL EXPENDITURES IN THE FY 2013 -14 BUDGET RELATED TO THE SOUTHERN WATERSHED REGIONAL WATER RECLAMATION PLANT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, pursuant to Resolution 12 -R -72, the City entered into an Interlocal Agreement with Cibolo Creek Municipal Authority ( "CCMA ") for the preliminary engineering and design work to construct the Southern Watershed Regional Water Reclamation Plant (the "Plant ") to service City residents south of FM 78; WHEREAS, pursuant to Ordinance 13 -T -34, the City of Schertz adopted the budget for the City for the fiscal year ( "FY ") 2013 -14, which provides funding for the City's operations throughout the 2013 -14 fiscal year, including the budgeted amount of $267,000 for engineering and design for the Plant; and WHEREAS, the City needs to adjust the budget to establish additional expenditures in the FY 2013 -14 Budget items in the amount of $10,000 related to the Plant for the purpose of hiring a landscape architect for aesthetic and screening landscaping purposes around the Plant site; and WHEREAS, the City staff recommends that the City Council approve this Ordinance increasing the FY 2013 -14 Budget by $10,000 for expenses related to the Plant; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the budget to establish additional expenditures in the FY 2013 -14 Budget, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the FY 2013 -14 Budget by increasing the total budget for the Plant by $10,000 (from $267,000 to $277,000) with such increase to be used for the purposes of hiring a landscape architect to provide aesthetic and screening landscaping for the Plant. 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, this the 10th day of June, 2014. PASSED AND APPROVED ON FINAL READING, this the of June, 2014. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2- Cibolo Creek AIIN-1626 is P.O. BOX 930 a SCHERTZ, TEXAS 78154 (210) 658 -6241 . FAX: (210) 658 -5830 www.ccmatx.org Serving the Community Since 1971 April 1, 2014 Mr. Johnny Bierschwale City of Schertz 1400 Schertz Parkway Schertz, TX 78154 Dear Mr. Bierschwale: Sent via email /USPS Please accept this letter as formal request by CCMA to have the City of Schertz add to the preliminary engineering contract for the proposed South Plant, a "not to exceed" cost of $10,000.00 for architectural landscaping. Please contact me at your convenience if you have any questions. Sincerely, / t�f � Clint Ellis General Manager If