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