21-R-88 - Agreement with Berry Creek Homeowners Association for Traffic ControlRESOLUTION NO. 21- R -88
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE BERRY CREEK HOMEOWNERS
ASSOCIATION FOR THE PURPOSE OF TRAFFIC CONTROL, AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS Berry Creek is a private gated community in the City of Schertz, Guadalupe
County, Texas, generally located at Berry Creek Drive, off FM 3009, between Ashley Oak Drive
and Woodland Oaks Drive and containing a total of 120 residences: and
WHEREAS the Berry Creek Homeowners Association is the owner of the private streets
in Berry Creek 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 (300) 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 Berry Creek 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 Berry
Creek (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:
That the Petition is hereby accepted by the City Council.
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
(ATTEST: -
t
Brenda Dennis, City Secretary
DAY OF , 20 ,�
-2-
CITY O , SCl TZ, TEXAS
Ra of trez, Mayor
Exhibit "A"
[COPY OF HOA MEETING
MINUTES AUTHORIZING
TRAFFIC EXTENSION]
Berry Creek HOA
Meeting Minutes
June 8, 2020
I. Call to order 6:03 pm
II. Board Members Present: Karla Ayala, Charles Kelm, Dana Elliot and Elmira
Cortiella.
III. Approval of the minutes from the last meeting - approved
IV. Open issues:
a) Treasurer's report (as of 5/31/2020)
Union Bank Checking - $4,139.67
Union Bank Money Market - $100,883.15
RBFCU CD - $160,549.16 (as of 3/31/2020)
Delinquency report - $3.715.32
b) Owners to be heard:
- None
c) Completed:
• Power washer was purchased from Sam's Club: Sun Joe SPX 4600 Electric
3000 PSI $259.98 + tax
• Electrical at the main entrance was fixed by Mowery Lowery Electrical
• 10 Homeowners are widening their driveways
• Celebration for Graduates in marquee
• 15Y River City Produce Market Day was on Wed May 27th
• Meeting with landscaper Scott to discuss the water bill on May 15; bushes
in front of Berry Creek sign were replanted
• Inside and outside safety loops repaired
d) Unfinished Business:
• Designated Park Area /meeting with representatives of City of Schertz
• Mission Asphalt need to provide new map for road repairs
• Change schedule of trash collection /mail
• Flyers for residents on road repairs
• Traffic count — pending due to Covid -19
• Plant Pride of Barbados on Berry Way cul -de -sac — pending
• Rock or sod for islands — pending
• Painting of Lending Library — pending
• Paint front gate — Sunday June 7 at 9 am
• Power wash near front entrance — Thursday June 4
• Stop Signs — pending /collecting bids
e) New Business:
• Extend Motor Vehicle Code into Berry Creek Subdivision — approved 4 to 0
• New gate maintenance agreement with Gate Services — approved
• Street sealing on June 22
• Railroad ties around mailbox on Berry Creek Dr near Berry Patch- bid is
pending for all three mailboxes from Signature Lawns
• Rock and Edge near main exit (Berry Creek Dr and FM 3009) — bid is
pending from Signature Lawns.
f) Dates to remember:
• River City Market day: June 17 and July 14 from 10 am —12 pm;
• Next meeting date: July 8, 2020
• Annual meeting: October 13 at 6:30 pm
Committee reports:
g) Welcome committee: Nothing to report
VI. Adjournment: 7:39 pm
Minutes submitted by: Elmira Cortiella, Secretary