26-R-057 Wastewater Capital Recovery Agreement-Heritage OaksRESOLUTION 26-R-057
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A WASTEWATER CAPITAL
RECOVERY OFFSET AGREEMENT WITH THE DEVELOPER OF THE
HERITAGE OAKS RESIDENTIAL SUBDIVISION IN THE CITY OF
SCHERTZ, TEXAS AND OTHER MATTERS IN CONNECTION
THEREWITH.
WHEREAS, the Developer of the Heritage Oaks residential subdivision is a section of
sewer line that is on the wastewater impact fee capital improvements plan; and
WHEREAS, Section 90-152 Offsets and Credits Against Capital Recovery Fees
stipulates how to calculate offsets and credits; and
WHEREAS, the City Council finds it is in the best interest of the City to enter into the
Wastewater Capital Recover Offset Agreement with the Developer of the Heritage Oaks
residential subdivision.
NOW THEREFORE, 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 a
Wastewater Capital Recovery Offset Agreement, generally in the form attached in Exhibit
"A" subject to minor changes approved by the City Manager and City Attorney.
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provision of this Resolution are hereby repealed to the extent of such conflict, and the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 day of 2026.
ATT T'
7/
Sheila Edmondson, City Secretary
CITY OF SCHERTZ, TEXAS
Ralp Rodriguez, 7#earyor, . Z
Exhibit "A"
Heritage Oaks Residential Subdivision Roadway Capital Recovery Offset Agreement
THE STATE OF TEXAS §
0
BEXAR COUNTY §
HERITAGE OAKS WASTEWATER CAPITAL RECOVERY OFFSET AGREEMENT
This agreement ("AGREEMENT") is made by and between the City of Schertz, (hereinafter
"CITY") a Texas Home Rule municipality and Platte Development, LLC (hereinafter
"DEVELOPER'), collectively, the `PARTIES".
RECITALS
WHEREAS, pursuant to City of Schertz Code of Municipal Ordinances Chapter 90, Article V,
the City of Schertz has adopted Water and Wastewater Capital Recovery Fees (sometimes
hereinafter referred to as "capital recovery fee"); and
WHEREAS, pursuant to City of Schertz Code of Municipal Ordinances Section 90-152, the city
shall offset the present value of any system -related facilities, pursuant to rules established in this
section, and which have been dedicated to and have beenreceived by the city, including the value
of rights -of -way or capital improvements constructed pursuant to an agreement with -the city,
against the amount of the capital recovery fee due for that category of capital improvement due
from the contribution; and
WHEREAS, pursuant to the City of Schertz Code of Municipal Ordinances Section 90-152, the
unit costs used to calculate the offsets shall not exceed those assumed for the capital improvements
included in the capital improvements program for the category of facility within the service area
for which the capital recovery fee is imposed and if an offset or credit applicable to a plat has not
been exhausted within ten years from the date of the acquisition of the first building permit issued
or connection made after the effective date ofthis article or within such period as may be otherwise
designated by contract, such offset or credit shall lapse.
WHEREAS, CITY and DEVELOPER desire to enter into this AGREEMENT in order to
memorialize Wastewater Capital Recovery Fee Credits (sometimes hereinafter referred to as the
"Credits") achieved by DEVELOPER for reasonable and necessary costs of the capital
improvement or facility expansion it incurred.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants and
agreements contained herein, and for other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the PARTIES hereto, intending to be legally bound,
hereby agree as follows:
Schertz Roadway Capital Recovery Offset Agreement
the Heritage Oaks Development as shown on Exhibit "A': The City shall assign
Credits to the unit when a final plat is filed in accordance with this AGREEMENT.
iii. DEVELOPER shall receive the Wastewater Capital Recovery Fee Offset Credits upon
completion of the public improvements shown on Exhibit "C'; and the City's
acceptance of same for public maintenance in accordance with the terms of applicable
provisions of the City's Code of Ordinances.
iv. The DEVELOPER has prepaid 100 LUEs of Wastewater Capital Recovery Fees for
lots within the Heritage Oaks Development. The estimated total Wastewater Capital
Recovery Fees due for the remaining 114 lots within the Heritage Oaks Development
is $633,384.00.
Article V.
REEMOURSEMENT OF EXCESS OFFSETS
A. DEVELOPER may apply for reimbursement of excess offsets upon completion of the
public improvements shown in Exhibit "C". The current estimated amount of excess offsets is
$355,516.00.
i. If the Wastewater Capital Recover Fee increases prior to payment at time of issuance
of building permits for the above referenced 114 lots with the Heritage Oaks
Development, and the DEVELOPER has received the reimbursement of excess offsets,
the difference per lot will be due by the applicant prior to issuance of the building
permits.
Article VI.
MISCELLANEOUS
The following miscellaneous provisions are made part of this AGREEMENT.
1. Additional Instruments. CITY and DEVELOPER agree and covenant to cooperate,
negotiate in good faith, and to execute such other and further instruments and
documents as may be reasonably required to fulfill the public purposes provided
for and included within this AGREEMENT.
2. Amendments. This AGREEMENT constitutes the entire understanding and
agreement of the parties as to the matters set forth in this AGREEMENT. No
alteration of or amendment to this AGREEMENT shall be effective unless given in
Schertz Roadway Capita I Recovery Offset Agreement
in any Exhibits attached hereto or duly approved amendments to this
AGREEMENT, as approved by the City Council of the City of Schertz, Texas.
11. Exhibits and Attachments. All Exhibits and Attachments referenced in this
AGREEMENT are attached hereto and incorporated herein for all purposes.
12. Force Majeure. It is expressly understood and agreed by the parties to this
AGREEMENT that if the performance of any obligations hereunder is delayed by
reason of war, civil commotion, acts of God, inclement weather, fire or other
casualty, or court injunction, inability to obtain labor or materials or reasonable
substitutes therefore, governmental restrictions, governmental regulations,
governmental controls, governmental action, delay in issuance of permits or
approvals (including, without limitation, fire marshal approvals), enemy or hostile
governmental action, civil commotion, fire or other casualty, and other causes
beyond the reasonable control of the obligated party and delays caused by the other
party, the party so obligated orpermitted shall be excused from doing or performing
the same during such period of delay, so that the time period applicable to such
obligation or requirement shall be extended for a period of time equal to the period
such party was delayed.
13. Gender. The gender of the wording throughout this AGREEMENT shall always
be interpreted to mean either sex, and where the context requires, the plural of any
word shall include the singular.
14. Governmental Records. All invoices, records and other documents required for
submission to the CITY pursuant to the terms of this AGREEMENT are
Governmental Records for the purposes of Texas Penal Code Section 37.10.
15. Immunities and defenses.
a) By entering into this AGREEMENT, the PARTIES do not waive, and shall not
be deemed to have waived, any rights, immunities, or defenses either may have,
including the defense of parties, and nothing contained herein shall ever be
construed as a waiver of sovereign, statutory or official immunity by the CITY
with such rights being expressly reserved to the fullest extent authorized bylaw
and to the same extent which existed prior to the execution hereof.
b) No employee of CITY, or any councilmember or agent of CITY, shall be
personally responsible for any liability arising under or growing out of this
AGREEMENT.
16. Mutual Assistance. CITY and DEVELOPER will do all things reasonably
necessary or appropriate to carry out the terms and provisions of this
5chertz Roadway Capita 1 Recovery Offset Agreement
Signature Page to
Improvement Mreement
This Agreement has been executed by the Parties as of the dates of the Acknowledgments
to be effective as of the Effective Date.
Owner:
Anthony W. gemo
By. _
Name:
Title:
Date:
THE STATE OF TEXAS §
COUNTY OFxQ{ §
6
This �instrument was ac4ow/ledged before me o`nf the 4H, day of , l , 202,,� by
(SEAL)
JESSICA LEE SISCOS
Notary Pubic, Stets of Texss
?•y+` Comm. Expires 07-17-2027
Notary ID 134457130
Schertz Roadway Capital Recovery Offset Agreement
4kca e i
Notary Public in and for
The State of Texas
My Commission Expires: 0-1 -11 - 2-0;2 -1-
Signature Page to
Improvement ALyreement
This Agreement has been executed by the Parties as of the dates of the Acknowledgments
to be effective as of the Effective Date.
CC:
CITY OF SCIIERTZ,
a Texas municipal corporation
By. --
Name: Steve Williams, its City Manager
Date:
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the day of , 2025 by Steve
Williams, City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf
of said City.
(SEAL)
Notary Public in and for
The State of Texas
My Commission Expires:
Schertz Roadway Capital Recovery Offset Agreement
Exhibit `B"
Approved Costs for the Wiederstein Road 8" Sewer Line to Constitute the Wastewater Capital
Recovery Fee Offset Credit
Schertz Roadway Capital Recovery Offset Agreement
Schertz Roadway Capital Recovery Offset Agreement