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15-D-12 Carolina Crossing South Subdivision, extension of traffic rules to private roadsORDINANCE NO. 15 -D -12 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS EXTENDING STATE AND LOCAL TRAFFIC RULES TO PRIVATE ROADS LOCATED WITHIN THE CAROLINA CROSSING SOUTH SUBDIVISION AS SPECIFIED HEREIN; ESTABLISHING LEGISLATIVE FINDINGS IN SUPPORT THEREOF; ESTABLISHING STOP INTERSECTION LOCATIONS; AND SETTING A MAXIMUM SPEED LIMIT FOR SAID STREETS WHEREAS, section 542.008 of the Transportation Code authorizes the City of Schertz to extend by ordinance any traffic rules that apply to roads owned by the City to the roads in a private subdivision so that the subdivision's roads are governed by the same traffic rules as other roads within the City's jurisdiction upon the request of the governing body of the entity that maintains the subdivision's roads or 25% of the residents that reside in the subdivision if the City Council finds that extending such rules are in the best interest of the City generally; and WHEREAS, the Board of Directors of the Carolina Crossing South Homeowners' Association as the governing body of the Carolina Crossing South Homeowners' Association as well as 25% of the property owners that reside within the Carolina Crossing South subdivision ( "Owners ") located at 3567 Peachtree Lane, off Savannah Drive, between Schertz Parkway and Inglewood Drive, (the "subdivision "), have submitted a valid petition ( "the Petition ") requesting the extension of certain traffic rules and laws as set forth in the Petition to the private roads located within the subdivision so that the private roads are subject to the same traffic rules as the municipality; and WHEREAS, the City Council finds that it is in the best interest of the City of Schertz to extend the traffic rules that apply to all other highways, roads and streets owned by the City to the private roads located with the subdivision as specified in the attached Petition and to set the speed limit for all roads within the subdivision at 20 miles per hour which the City Council finds to be a reasonable and safe speed. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: Section One. The City of Schertz hereby grants the request made by the governing body -of the Homeowners' Association of Carolina Crossing South Subdivision (the "HOA ") and the residents who have signed the Petition attached hereto and hereby extends all traffic rules of City thoroughfares similar to those within Carolina Crossing South to the Private Streets, including by but not limited to setting the maximum speed limit on all roads within the subdivision at 20 miles per hour; vehicle registration and inspection laws; and traffic rules and laws regarding speed, signal indicators, stop signs, parking, and similar traffic laws. Section Two. The City of Schertz hereby declares that the speed limit on all roads located within the Carolina Crossing South Subdivision shall be 20 miles per hour. Section Three. The City of Schertz hereby declares that the following intersections are designated as streets upon which vehicles shall stop before entering such intersections: Through Street Saratoga Place Peachtree Lane Peachtree Lane Cross or Stop Street Peachtree Lane Sherman Drive Saratoga Place Section Four. A violation of any of the traffic rules extended to the Subdivision by this Ordinance is hereby declared a criminal offense and the violator is subject the same penalties as if such violation had occurred on a public road, highway or street located elsewhere throughout the City. Section Five. The City and the Carolina Crossing South HOA on behalf of the HOA's residents shall enter into an Agreement which shall set forth the terms of the City's enforcement of traffic rules and laws on the subdivision's roads, including but not limited to the costs associated with the extension of the traffic rules to the subdivision's roads and the erection of signage and other official traffic control devices. Section Six. This ordinance shall take effect immediately upon passage and publication as required by law. PASSED ON FIRST READING, the 7th day of April, 2015. PASSED, APPROVED and ADOPTED ON SECOND READING, the 14th day of April, 2015. CITY OF SCHERTZ, TEXAS X919 ael Carpenter, Mayor AT S Bre ndAennis, City Secretary APPROVEED AS TO FORM C Charles Z ch, City Attorn ey PETITION FOR CITY OF SCHERTZ POLICE PATROL AND ENFORCEMENT IN GATED COMMUNITY OF CAROLINA CROSSING SOUTH STATE OF TEXAS § § KNOW ALL PERSONS BY TBESE PRESENTS: COUNTY OF GUADALUPE § WHEREAS, Carolina Crossing South ( "Carolina Crossing South") is a private gated community in the City of Schertz, Guadalupe County, Texas, ( "C "} 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, 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 7), 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 %fl) 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 (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 WBEREAS, 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 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 Sehertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South ASSOCIATION TO PETITION , i CITY OF SCHERTZ POLICE GATED PATROL AND ENFORCEMENT IN is OF i:: ■', CROSSING i The undersigned has executed this instrument as of the date of the acknowledgement below. r i : " . i , Nam l: 7- Title; :lesl� -r , �'��� �„� �� �u s Juts U "A THE STATE OF TEXAS • • / ♦! t This instrument was ackno 1 d ed before me on the - i— aaY of (�JQf , 241 `by ) , th A ej)Y of C NYWA ( 1 K� a 47N!'(1��5 3L LAI IV I , on behalf of said jjtt OVUM (SEAL) P:SARAHE-GON Z E� taryPublic te of Tms , Exp.1i TRAFFIC ENFORCEMENT AGREEMENT (CAROLINA CROSSING SOUTH) This Traffic Enforcement Agreement (Carolina Crossing South) (the "Agreement ") among the City of Schertz, Texas, a Texas Municipal Corporation (the "Ciff") and the Carolina Crossing South Home Owners Association (the "Association ") is entered into as of the date of the final signature of the parties (the "Effective Date "). WITNESSETH: WHEREAS, Carolina Crossing South ( "Carolina Crossing South") is a private gated community in the City of Schertz, Guadalupe County, Texas, generally located at Savannah Drive and Saratoga Place and containing a total of one hundred three (103) residences; and WHEREAS, 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 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 (the "Statute "), the Association presented a petition to the City Council of the City (the "City Council ") seeking 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 (the "Petition '); and WHEREAS, the City Council has found the Petition in the best interest of the City generally, has accepted the Petition, and directed the City staff to draft an ordinance and this Agreement, according to the requirements of the Statute to provide for the enforcement of the traffic rules and laws related to operation of motor vehicles on public thoroughfares of the City to apply to Private Streets in Carolina Crossing South. NOW, THEREFORE, in consideration of the covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the Association agree as follows: 1. Term. Pursuant to the Statute, the City has extended 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. The Association agrees that, pursuant to this Agreement, the Private Streets are considered to be public streets for purposes of the application and enforcement of the traffic rules and laws addressed herein and that this Agreement shall remain in effect until such time as the City should determine, by ordinance, that it is not in its interest to enforce the traffic rules and laws within Carolina Crossing South. 2. Traffic Signs. The Association shall install subdivision traffic signs and street name blade signs in compliance with both the Texas Manual of Uniform Traffic Control Device standards and the City's standards. The Association shall be solely responsible for all costs and expenses of the signs and the installation thereof. Traffic Enforcement Agreement Carolina Crossing South 1 3. City Patrol. Effective on the date an ordinance is adopted to extend traffic laws and rules police officers of City will be authorized to begin issuing traffic citations for violations of traffic laws occurring on the roads within the subdivision when appropriate and in the discretion of police officers of City, such police officers having the sole discretion in such matters. 4. No Warranties or Representations. Neither City nor City's Police Department or City's police officers make any representations or warranties to the Association or to anyone else in relation to City patrols or City enforcement of traffic laws on the roads within the subdivision. City disclaims any responsibility to maintain or improve the roads within the subdivision or any street signs or traffic signs on said roads, said maintenance and improvement responsibility to be and remain solely that of the Association. 5. Speed Humps. The Association agrees that all speed humps on the Private Streets must comply with the City's standards. New speed humps must receive approval through the normal City process and are the discretion of the City of Schertz based on City policies and standards. The Association shall be solely responsible for all costs and expenses necessary to bring and keep the speed humps in compliance. 6. Plans, Installation, and Approval. Prior to installation of the subdivision traffic signs and street name blade signs and prior to work being done on the speed humps, the Association shall submit plans for the design and specifications of such traffic and street name or other signage and such speed humps and obtain written approval from the City. The Association shall construct, repair, and/or install, or cause the construction, repair, and/or installation of, such signage and speed humps in accordance with the approved plans. 7. Association Obligations. The Association will pay for all repairs, replacement, and maintenance of all signage and speed humps to maintain compliance with the applicable standards set forth herein. All maintenance performed by the Association will meet the specifications of the codified requirements of the City related to traffic signage and speed humps in residential subdivisions. If the City determines that repairs, replacement, and/or maintenance are required, the City shall inform the Association in writing of the need for said repairs, replacement, and/or maintenance, and the Association shall commence said repairs, replacement, and/or maintenance within fourteen (14) calendar days of such notice and diligently pursue the work thereon, with completion thereof not to exceed forty-five (45) calendar days. 8. Traffic Control Devices. Pursuant to the authority granted under the Statute, the City may place official traffic control devices on property abutting the Private Streets if (1) those devices relate to a specified traffic rule; and (2) the consent of the owner of that property is obtained or an easement is available for the placement. The Association hereby consents to the placement of any such devices on the property owned by them. No additional consent shall be required. 9. Payment. The Association will not be required to pay any additional cost for the services requested herein, unless such services are requested in excess of the services provided to City citizens that do not reside in private gated communities in the City. Notwithstanding the foregoing, the Association shall be required to pay those costs and expenses discussed in Sections 2, 5, 6, and 7, and 8 of this Agreement. Traffic Enforcement Agreement Carolina Crossing South 2 10. INDEMNIFICATION. THE ASSOCIATION ON BEHALF OF EACH OF THEIR SUCCESSORS, ASSIGNEES, GRANTEES, AND /OR TRUSTEES DOES HEREBY AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY AND ITS CITY COUNCILMEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES (THE "INDEMNIFIED PARTIES ") FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND /OR INTENTIONAL ACT AND /OR OMISSION OF THE ASSOCIATION IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, IN WHOLE OR IN PART, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF THE CITY (HEREINAFTER "CLAIMS "). THE ASSOCIATION IS EXPRESSLY REQUIRED TO DEFEND THE INDEMNIFIED PARTIES AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION, THE CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY THE ASSOCIATION IN FULFILLING THEIR OBLIGATIONS HEREUNDER TO DEFEND AND INDEMNIFY THE INDEMNIFIED PARTIES, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY THE CITY IN WRITING. THE CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER THE CITY IS UNDER NO OBLIGATION TO DO SO. THIS SECTION 10. SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT WITH RESPECT TO ANY INCIDENT OCCURRING DURING THE TERM HEREOF. 11. Miscellaneous. (a) Breach. In the event of a breach of this Agreement by any party, any other party may pursue any remedies available at law or in equity, including without limitation, specific performance. (b) Assignment, Binding Nature, and Recording. This Agreement may not be assigned by the Association. (c) Notices. Any notice required or permitted by this Agreement is effective when personally delivered in writing or two (2) business days after notice is deposited with the U.S. Postal Service, postage prepaid, certified mail with return receipt requested, and addressed as follows: City: City of Schertz, Texas 1400 Schertz Parkway Traffic Enforcement Agreement Carolina Crossing South 3 Schertz, Texas 78154 Attention: City Manager with copy to: Denton Navarro Rocha Bernal Hyde & Zech, P.C. 2517 N. Main Avenue San Antonio, Texas 78212 Attention: Charlie Zech, Esq. Association: Attention: with copy to: Attention: The parties may, from time to time, change their respective addresses listed above to any other location in the United States for the purpose of notice under this Agreement. A party's change of address shall be effective when notice of change is provided to the other party in accordance with the provisions of this Section 11.(c). (d) Capacities. The person executing this Agreement on behalf of the Association represents and warrants that he /she has the authority to do so in the capacity stated. (e) Interpretation. This Agreement will be deemed drafted equally by all parties hereto. The language of all parts of this Agreement will be construed as a whole according to its fair meaning, and any presumption or principle that the language in this Agreement is to be construed against any parry will not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. (f) Further Assurances. The parties agree to take such further actions and to sign such further documents as may be reasonably necessary or appropriate to fulfill the intent of, and to complete the transactions described in this Agreement. (g) Unenforceability. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, Traffic Enforcement Agreement Carolina Crossing South 4 or unenforceability shall not affect the validity of any other part, term, or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of this Agreement. (h) Choice of Law. This Agreement will be construed under the laws of the State of Texas without regard to choice -of -law rules of any jurisdiction. Venue shall be in the State District Courts of Guadalupe County, Texas with respect to any lawsuit arising out of or construing the terms and provisions of this Agreement. No provision of this Agreement shall constitute a consent to suit by any party. (i) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which will be deemed an original for all purposes. By execution of this Agreement, the parties agree that the City has not waived or surrendered any of its governmental powers, immunities, or rights. (k) Force Majeure. Notwithstanding anything to the contrary contained herein, in the event a party is prevented from performing its obligations hereunder due to inclement weather, strikes, riots, civil unrest, or any other cause which is beyond the reasonable control of such party (a delay due to any such cause being referred to herein as a "Force Majeure Delay ") then the time period for such party's performance shall be extended by the length of the Force Majeure Delay and such party's failure to perform such obligation shall be excused for the duration of, and to the extent of, such Force Majeure Delay. [The remainder of this page intentionally left blank] Traffic Enforcement Agreement Carolina Crossing South IN WITNESS WHEREOF, the parties hereby have executed this Agreement to be effective as of the Effective Date. THE CITY• CITY OF SCHERTZ, TEXAS, a Texas municipal corporation By: John C. Kessel, City Manager Date: THE ASSOCIATION: r4l By: Name: Title: Date: Traffic Enforcement Agreement Carolina Crossing South 6 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 listed by his/her name. Printed Name Signature Property Address Phone Number Date Z3 /z Rqc � .x/71// /�' /r.� 161d, 3// ff i 1•/ / jWt -5+:weT- R , An P . 359� 101111, ZY11V 505566963 - b - 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 Name Signature Property Address Phone Number Date CIIIIAI &-M C4s 3SQS <Aga -;o&,A ?Gant� 2 23,,gcT'Iti 1l Ica L. AlarWr . 5 � �t� 6 � �� All- o�1a l 7W % Ge 1 oc_ t i '23 cc-r I �- 910- iR �v 2-3 6(/ !� L so 505566963 - b - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South H— omeowners Asso'ciation, Inc. EMBED t , FA 11 1 111 i € October 23, 2014 a KN'Uw ALL mnzN -nY Tmm PREsmTs, which the undersigned owner in the Carolina Crossing Homeowners Association, Inc, does hereby constitute and appoint Steer r, ' Cs cL' S' e as any proxy to act on my behalf at the Annual Wembership Meet+mgs, to be held October 23, 2014, and all reconveniOP thereof- My Proxy shall have full authors y to v6te upon any and all matters that may be presented at said Meetings, as folly and with the same effect as if the undersigned had been present at said Meeting, and I hereby ratify and conform all that my Proxy may cause to be done by virtue of this instrument. This proxy is irrevocable except by actudi notice by the undersigned to fihe- Secretary of the Association or to the officer presiding over the Meetings that it is revoked. Unless sooner temmated, this Prov shall terminate automatically upon the final adjournment of the Anne Meetings for which it is given. EXECUTED this �— day of .. � ' 1'- f ,2014- t3iaiile s Name (Printed) S of owner Revised January 9, 2014 nomeowners Association, Inc. 11VI KNOW ALL NWN _B-t UmSE PRIG SENrS, which the undersigned owner in the Carolina Home e Associati aInc.; does hereby constitute and appoint Secretary or F my Proxy to act on my behalf at the Annual s Membership Meetings, to be held_ October ;Z3, 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 this ZA y of , 2014. Wn 8 d) Witurle Of 0 er V - OWNERS TO PETITION FOR CITY OF SCHERTZ POLICE PATROL AND ENFORCEMENT IN GATED COMUqUNITY OF CAROLINA CROSSING SOUT-1.1q 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 -7 -3 (0 C- a Z66( ov - 12 3 0C,/ /4� CIZ-? MAO 9,J,, -aye" py -D 3-50- 4701/k(P174J�/- 'TY // -7 A-) 117 50556696.3 - 6 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South OWNERS SIGNATURE PAGE TO PETITION ,,r O. SCIIERTZ POLICE PATROL AD E NFORCEMENT IN GATED COMMUNITY OF CAROLINA CROSSING SOUTJI 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 Dame Signature Property Address Phone Number Date t14 Ito, OV� jeo ✓ / 1'�44 � `1 Lt -. '2-110 50556696.3 - 6 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South 17460 25 2 Robert S. Crow 3512 Sherman Dr. No 17377 15 1 Michelle D. Porter 3528 Saratoga Pl No ................. _ 17392 30 __ 1 Joseph M. Hymer _ _. _ 3529 Hamilton PI ___ w.._... _..._ 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. Gstrowski 3513 Hamilton PI No 17405 43 1 Beuford H. Gibson 3548 Piedmont PI Yes 17397 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 Ln No 17418 56 1 Farrel J. Bordelon 3501 Peachtree Ln No 17420 58 1 Mabel Avila 3509 Peachtree Ln No 17415 53 1. 1 Ralph B. Miller 3508 Piedmont PI No 17400_ 38 1 Allan M. Beardsley ; 11-1.1 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. Buckley 3545 Peachtree Ln No by Proxy 2 Signatories 26 25.2% Total Petitioners 28 27.2% Total Properties (Unit 1) 103 o L t oLL Fx .:.... ........ iAL.- y 3 ii .Gi'�� p O r� Cn EO � Q 0 2 47 X91 �.` 1 pf� kil- Z Q U) l- -', {.pit COO ;. 'erg � �i SHE.; Y✓ Q I� r�1 � N -.�E Ea z LI�" �t3: TRAFFIC ENFORCEMENT AGREEMENT (CAROLINA CROSSING SOUTH) This Traffic Enforcement Agreement (Carolina Crossing South) (the "Agreement ") among the City of Schertz, Texas, a Texas Municipal Corporation (the "Ciff") and the Carolina Crossing South Home Owners Association (the "Association") is entered into as of the date of the final signature of the parties (the "Effective Date "). WITNESSETH: WHEREAS, Carolina Crossing South ( "Carolina Crossing South ") is a private gated community in the City of Schertz, Guadalupe County, Texas, generally located at Savannah Drive and Saratoga Place and containing a total of one hundred three (103) residences; and WHEREAS, 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 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 (the "Statute "), the Association presented a petition to the City Council of the City (the "City Council ") seeking 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 (the "Petition"); and WHEREAS, the City Council has found the Petition in the best interest of the City generally, has accepted the Petition, and directed the City staff to draft an ordinance and this Agreement, according to the requirements of the Statute to provide for the enforcement of the traffic rules and laws related to operation of motor vehicles on public thoroughfares of the City to apply to Private Streets in Carolina Crossing South. NOW, THEREFORE, in consideration of the covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the Association agree as follows: 1. Term. Pursuant to the Statute, the City has extended 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. The Association agrees that, pursuant to this Agreement, the Private Streets are considered to be public streets for purposes of the application and enforcement of the traffic rules and laws addressed herein and that this Agreement shall remain in effect until such time as the City should determine, by ordinance, that it is not in its interest to enforce the traffic rules and laws within Carolina Crossing South. 2. Traffic Signs. The Association shall install subdivision traffic signs and street name blade signs in compliance with both the Texas Manual of Uniform Traffic Control Device standards and the City's standards. The Association shall be solely responsible for all costs and expenses of the signs and the installation thereof. Traffic Enforcement Agreement Carolina Crossing South 1 3. City Patrol. Effective on the date an ordinance is adopted to extend traffic laws and rules police officers of City will be authorized to begin issuing traffic citations for violations of traffic laws occurring on the roads within the subdivision when appropriate and in the discretion of police officers of City, such police officers having the sole discretion in such matters. 4. No Warranties or Representations. Neither City nor City's Police Department or City's police officers make any representations or warranties to the Association or to anyone else in relation to City patrols or City enforcement of traffic laws on the roads within the subdivision. City disclaims any responsibility to maintain or improve the roads within the subdivision or any street signs or traffic signs on said roads, said maintenance and improvement responsibility to be and remain solely that of the Association. 5. Speed Humps. The Association agrees that all speed humps on the Private Streets must comply with the City's standards. New speed humps must receive approval through the normal City process and are the discretion of the City of Schertz based on City policies and standards. The Association shall be solely responsible for all costs and expenses necessary to bring and keep the speed humps in compliance. 6. Plans, Installation, and Approval. Prior to installation of the subdivision traffic signs and street name blade signs and prior to work being done on the speed humps, the Association shall submit plans for the design and specifications of such traffic and street name or other signage and such speed humps and obtain written approval from the City. The Association shall construct, repair, and/or install, or cause the construction, repair, and /or installation of, such signage and speed humps in accordance with the approved plans. 7. Association Obligations. The Association will pay for all repairs, replacement, and maintenance of all signage and speed humps to maintain compliance with the applicable standards set forth herein. All maintenance performed by the Association will meet the specifications of the codified requirements of the City related to traffic signage and speed humps in residential subdivisions. If the City determines that repairs, replacement, and/or maintenance are required, the City shall inform the Association in writing of the need for said repairs, replacement, and/or maintenance, and the Association shall commence said repairs, replacement, and/or maintenance within fourteen (14) calendar days of such notice and diligently pursue the work thereon, with completion thereof not to exceed forty -five (45) calendar days. 8. Traffic Control Devices. Pursuant to the authority granted under the Statute, the City may place official traffic control devices on property abutting the Private Streets if (1) those devices relate to a specified traffic rule; and (2) the consent of the owner of that property is obtained or an easement is available for the placement. The Association hereby consents to the placement of any such devices on the property owned by them. No additional consent shall be required. 9. Payment. The Association will not be required to pay any additional cost for the services requested herein, unless such services are requested in excess of the services provided to City citizens that do not reside in private gated communities in the City. Notwithstanding the foregoing, the Association shall be required to pay those costs and expenses discussed in Sections 2, 5, 6, and 7, and 8 of this Agreement. Traffic Enforcement Agreement Carolina Crossing South 2 10. INDEMNIFICATION. THE ASSOCIATION ON BEHALF OF EACH OF THEIR SUCCESSORS, ASSIGNEES, GRANTEES, AND /OR TRUSTEES DOES HEREBY AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY AND ITS CITY COUNCILMEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES (THE "INDEMNIFIED PARTIES ") FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND /OR INTENTIONAL ACT AND /OR OMISSION OF THE ASSOCIATION IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, IN WHOLE OR IN PART, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF THE CITY (HEREINAFTER "CLAIMS "). THE ASSOCIATION IS EXPRESSLY REQUIRED TO DEFEND THE INDEMNIFIED PARTIES AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION, THE CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY THE ASSOCIATION IN FULFILLING THEIR OBLIGATIONS HEREUNDER TO DEFEND AND INDEMNIFY THE INDEMNIFIED PARTIES, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY THE CITY IN WRITING. THE CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER THE CITY IS UNDER NO OBLIGATION TO DO SO. THIS SECTION 10. SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT WITH RESPECT TO ANY INCIDENT OCCURRING DURING THE TERM HEREOF. 11. Miscellaneous. (a) Breach. In the event of a breach of this Agreement by any party, any other party may pursue any remedies available at law or in equity, including without limitation, specific performance. (b) Assignment, Binding Nature, and Recording. This Agreement may not be assigned by the Association. (c) Notices. Any notice required or permitted by this Agreement is effective when personally delivered in writing or two (2) business days after notice is deposited with the U.S. Postal Service, postage prepaid, certified mail with return receipt requested, and addressed as follows: City: City of Schertz, Texas 1400 Schertz Parkway Traffic Enforcement Agreement Carolina Crossing South 3 Schertz, Texas 78154 Attention: City Manager with copy to: Denton Navarro Rocha Bernal Hyde & Zech, P.C. 2517 N. Main Avenue San Antonio, Texas 78212 Attention: Charlie Zech, Esq. Association: Attention: with copy to: Attention: The parties may, from time to time, change their respective addresses listed above to any other location in the United States for the purpose of notice under this Agreement. A parry's change of address shall be effective when notice of change is provided to the other parry in accordance with the provisions of this Section 11.(c). (d) Capacities. The person executing this Agreement on behalf of the Association represents and warrants that he /she has the authority to do so in the capacity stated. (e) Interpretation. This Agreement will be deemed drafted equally by all parties hereto. The language of all parts of this Agreement will be construed as a whole according to its fair meaning, and any presumption or principle that the language in this Agreement is to be construed against any parry will not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. (f) Further Assurances. The parties agree to take such further actions and to sign such further documents as may be reasonably necessary or appropriate to fulfill the intent of, and to complete the transactions described in this Agreement. (g) Unenforceability. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, Traffic Enforcement Agreement Carolina Crossing South 4 or unenforceability shall not affect the validity of any other part, term, or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of this Agreement. (h) Choice of Law. This Agreement will be construed under the laws of the State of Texas without regard to choice -of -law rules of any jurisdiction. Venue shall be in the State District Courts of Guadalupe County, Texas with respect to any lawsuit arising out of or construing the terms and provisions of this Agreement. No provision of this Agreement shall constitute a consent to suit by any party. (i) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which will be deemed an original for all purposes. By execution of this Agreement, the parties agree that the City has not waived or surrendered any of its governmental powers, immunities, or rights. (k) Force Majeure. Notwithstanding anything to the contrary contained herein, in the event a party is prevented from performing its obligations hereunder due to inclement weather, strikes, riots, civil unrest, or any other cause which is beyond the reasonable control of such party (a delay due to any such cause being referred to herein as a "Force Majeure Delay ") then the time period for such party's performance shall be extended by the length of the Force Majeure Delay and such party's failure to perform such obligation shall be excused for the duration of, and to the extent of, such Force Majeure Delay. [The remainder of this page intentionally left blank] Traffic Enforcement Agreement Carolina Crossing South IN WITNESS WHEREOF, the parties hereby have executed this Agreement to be effective as of the Effective Date. THE CITY: CITY OF SCHERTZ, TEXAS, a Texas municipal corporation C John C. Kessel, City Manager Date: THE ASSOCIATION: a By: _ Name: Title: Date: Traffic Enforcement Agreement Carolina Crossing South 6 DATE February 5, 2015 CITY OF SCHERTZ PUBLIC WORKS DEPT. 10 COMMERCIAL PLACE SCHERTZ, TX 78154 PHONE # 619 -1800 FAX # 619 -1849 Price Quote JOB DESCRIPTION: Carolina Crossing South MATERIALS QTY UNIT COST TOTAL COST 30 "x30" Stop Signs 4 $38.00ea $152.00 18 "x24" Speed Limit 20 Mph Signs 3 $28.00ea $84.00 Wedges & Sockets 3 $14.95ea $44.85 LABOR TOTAL $124.00 MATERIALS TOTAL $134.70 SIGNS TOTAL $236.00 MATERIALS QTY UNIT COST TOTAL COST 10' Sign Pipe 3 $21.95ea $65.85 Sign Clamps 6 $4.00ea $24.00 Wedges & Sockets 3 $14.95ea $44.85 LABOR TOTAL $124.00 MATERIALS TOTAL $134.70 LABOR HOURS COSTIHOUR TOTAL COST Wk II 4 $18.00hr $72.00 Wk 1 4 $13.00hr $52.00 $683.90 LABOR TOTAL $124.00 EQUIPMENT HOURS COST /HOUR TOTAL COST Service Truck 4 $25.00hr $100.00 EQUIPMENT TOTAL Subtotal Administration fee 15% Grand Total $100.00 $594.70 $89.20 $683.90 Fabricate and Install Speed Limit Signs for Carolina Crossing South.