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Agenda CC 10/11/2016'Qly of ch"Ice . CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. MAIN October 11, 2016 6:30 P.M. Agenda Call to Order 2. Roll Call and Excused Absences 3. Invocation 4. Pledge of Allegiance 5. Citizens to be Heard — This is the only time during the Council Meeting that a citizen can address the City Council. It is the opportunity for visitors and guests to address the City Council on any issue to include agenda items. All visitors wishing to speak must fill out the Sign In Roster prior to the start of the meeting. City Council may not debate any non -agenda issue, nor may any action be taken on any non -agenda issue at this time, however, City Council may present any factual response to items brought up by citizens. (Attorney General Opinion — JC -0169) (Limit of three minutes each.) 6. Public Hearing A. The Cibolo City Council will conduct a Public Hearing to hear public testimony regarding the assignment of permanent zoning from Agricultural Homestead (AG) to General Commercial (C-4) for four (4) acres, along the westbound IH -10 frontage and immediately east of Santa Clara Road. B. The City of Cibolo City Council will conduct a public hearing to hear public testimony regarding the assignment of permanent zoning from Agricultural Homestead (AG) to Manufactured Home (MH -1) for one (1) acre of a 39 acre parent track located along the west side of Haeckerville Road between Lower Seguin Road and Bolton Road. C. The City of Cibolo City Council will conduct a public hearing on the termination of a Public Improvement Agreement by and between the City of Cibolo and Spat -row Real Estate Services, Inc. for the development of the Koehler Tract and Veazey/Redhage Tract. 1. Presentation A. Presentation of Certificate of Achievement for Excellence in Financial Reporting. 8. Consent Agenda — Consent Items (General Items) (All items listed below are considered to be routine and non -controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the consent agenda and will be considered as part of the order of business.) A. Approval of the minutes of the Regular City Council Meeting held on September 27, 2016. 9. Staff Updates/Discussion A. Planning & Engineering Department B. Fire Department C. Court Department D. Administration 10. Discussion/Action A. Discussion/Action on the removal, appointments and re -appointments to Planning and Zoning Commission, Board of Adjustments Commission, Capital Improvement Program (CIP), Charter Review Committee, Master Plan Committee, Youth Council and Cibolo Economic Development Corporation, Animal Advisory Board and all other Committees, Commissions and Boards. (Council) B. Discussion/Action on a building variance request from Brighter Futures Learning Center 11. (Mr. Klein) C. Discussion/Approval of the Final Tax Roll Totals for 2016 as reported by the Guadalupe County Tax Assessor Collector. (Ms. Miranda) D. Discussion/Action on the review and confirmation of all upcoming special meetings and workshops and scheduling the time, date, and place of additional special meetings or workshops. 11. Ordinances A. Approval/Disapproval of an ordinance of the City of Cibolo, Texas providing for the extension of the city limits by the annexation of land generally located along the westbound IH -10 frontage and immediately east of Santa Clara Road, containing 4 acres, and contiguous to the City of Cibolo corporate limits; granting to all future inhabitants of said land all of the rights and privileges of other citizens and binding said future inhabitants by all of the acts, ordinances, resolutions and regulations of the city. (Mr. Klein/Ms. Gonzalez) B. Approval/Disapproval of an ordinance of the City of Cibolo, Texas providing for the extension of the city limits by the annexation of land generally located along the west side of Haeckerville Road between Lower Sequin Road and Bolton Road, containing 39 acres, and contiguous to the City of Cibolo corporate limits; granting to all future inhabitants of said land all of the rights and privileges of other citizens and binding said future inhabitants by all of the acts, ordinances, resolutions and regulations of the city. (Mr. Klein/Ms. Gonzalez) C. Approval/Disapproval of an ordinance of the City of Cibolo, Texas concerning the assignment of permanent Agricultural Homestead (AG) zoning to General Commercial (C-4) for four (4) acres, along the westbound IH -10 frontage and immediately east of Santa Clara Road. (Mr. Klein/Ms. Gonzalez) D. Approval/Disapproval of an ordinance of the City of Cibolo, Texas concerning the assignment of permanent Agricultural Homestead (AG) zoning to Manufactured Home (MH -1) for one (1) acre of a 39 acre parent track located along the west side of Haeckerville Road between Lower Sequin Road and Bolton Road. (Mr.. Klein/Ms. Gonzalez) E. Approval/Disapproval of an ordinance of the City of Cibolo, Texas changing the date of City Council Meetings for the month of November and December 2016. (Ms. Cimics) 12. Resolutions A. Approval/Disapproval of a Resolution of the City Council of the City of Cibolo, Texas authorizing the City's Investment Officers to establish and maintain one or more accounts with Multi -Bank Securities, Inc. (Ms. Miranda) B. Approval/Disapproval of a Resolution of the City Council of the City of Cibolo, Texas terminating a Public Improvement Agreement by and between the City of Cibolo and Sparrow Real Estate Services, Inc. for the development of the Koehler Tract and Veazey/Redhage Tract. (Mr. Klein/Ms. Gonzalez) C. Approval/Disapproval of a Resolution of the City Council of the City of Cibolo, Texas approving a Public Improvement Agreement between the City of Cibolo and 150 Investment Group, LTD, for the development of 210 acres of the Koehler Tract and Veazey/Redhage Tract. (Mr. Klein/Ms. Gonzalez) 13. Adjournment This Notice of Meeting is posted pursuant to the Texas Government Code 551.041 - .043 on the front bulletin board of the Cibolo Municipal Building, 200 South Main Street, Cibolo, Texas which is a place readily accessible to the public at all times and that said notice was posted on, October 5, 2016 at 5:00 pm. Peggy Cimics, TRMC City Secretary City of Cibolo Pursuant to Section 551.071 of the Texas Government Code, the City of Cibolo reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. This facility is wheelchair accessible and accessible parking space is available. Request for accommodation or interpretive services must be made 48 hours prior to the meeting. Please contact the City Secretary at (210) 658-9900 or FAX (210) 658-1687. All cells phones must be turned off before entering the Council Meeting. I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from the City Hall bulletin board. on the day of 2016. A Name and Title J OF Ciao TeX AS 'CifJ of Choice" CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. MAIN September 27, 2016 6:30 P.M. MINUTES 1. Call to Order —Mayor Dunn called the meeting to order at 6:34 pm. 2. Roll Call and Excused Absences — Council Present: Mayor Dunn, Councilwoman Schultes; Councilman Garrett, Councilwoman Gebhardt, Councilman Russell and Councilman Weber; Council Absent: Councilman Gibbs. Councilman Hogue made the motion to excuse the absence of Councilman Gibbs. Motion was seconded by Councilman Weber. For: All; Against: None. Motion carried 6 to 0. Staff Present: City Manager Herrera; City Attorney Mr. Santee, City Secretary Cimics, Assistant City Secretary Valdez, Finance Director Ms. Miranda, ED Director Mr. Luft, Police Chief Cox, Fire Chief Niemietz, Planning & Engineering Director Ivlr. Klein, City Planner Ms. Gonzalez and Public Works Director Mr. Fousse. 3. Invocation —Invocation was given by Councilman Russell. 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance. 5. Citizens to be Heard — This is the only time during the Council Meeting that a citizen can address the City Council. It is the opportunity for visitors and guests to address the City Council on any issue to include agenda items. All visitors wishing to speak must fill out the Sign In Roster prior to the start of the meeting. City Council may not debate any non -agenda issue, nor may any action be taken on any non -agenda issue at this time, however, City Council may present any factual response to items brought up by citizens. The following individuals signed up to be heard: Mr. Twist spoke to council on the flooding due to the Saratoga Subdivision near Dean Road and Green Valley Road. Mr. Twist also stated that he hoped that council and staff read the article in the Express News on State Highway 130 and the bankrupt situation it is now in. Ms. Harper spoke to council on the need for something to be done with FM 1103. Ms. Harper also stated how does the city knows that people driving on FM 1103 are using it from IH 35 all the way to IH 10. Ms. Titterington for the Chamber spoke on Meet the Candidate Night scheduled for tomorrow (Sept 28) at Cibolo City Hall from 6 to 7:30 pm. Ms. Titterington also thanked the Cibolo EDC for letting her speak at their last meeting. Ms. Titterington read a Resolution from the Chamber in support of the feasibility study for a proposed Parkway in Cibolo. 1 6. Discussion A. Discuss/Consider and receive information from TXDOT officials and the San Antonio-Bexar County MPO officials concerning available funding sources that may be applicable to Cibolo, Texas and the immediate region. Mr. Herrera stated that council requested that he visit with TXDOT and the Metropolitan Community Organization (MPO). Mr. Herrera introduced Sid Martinez, Director of the Metropolitan Organization and Mario Jorge District Engineer, San Antonio District, Texas Department of Transportation. Mr. Martinez presented a power point covering what a MPO is, Alamo Area MPO study area, MPO committees and required MPO plans and documents. Also presented was projected population and employment totals 2010 to 2040 and funded projects within mobility 2040 study area. Mr. Martinez also went over funding for the future, funding breakdown, unfunded needs through 2040, the types of projects in the TIP and the Federal Funding Categories and how Cibolo falls into these categories. Mr. Jorge from TXDOT went over two funded projects for this area. The first project is an expansion at FM 1103 and IH 35 to add turning lanes. This project should begin in early spring of next year. The second project is the expansion of FM 1103 from 11135 to Rodeo Way. This project is funded by TXDOT, the City of Cibolo and the City of Schertz. Mr. Jorge also went over the different categories and types of projects that fit into those categories. 7. Public Hearing A. The Cibolo City Council will conduct a Public Hearing to hear public testimony concerning the proposed Cibolo Parkway and Feasibility Study. Mr. Herrera briefed the City Council and stated that this is the third Public Hearing the City has held on the proposed Cibolo Parkway and Feasibility Study, Mr. Herrera stated the Cibolo Parkway, as envisioned, is a $125+ million dollar road project which includes a 7 -mile long expansion of FM 1103, beginning at the existing intersection of Wagon Wheel Way and FM 1103. The project would also include pursuing two express lanes connecting to IH 35 from Wagon Wheel Way. The Cibolo Parkway would extend south through largely undeveloped land and connect to IH -10 at the existing Zuehl Road overpass. The Cibolo Parkway Project would be a private toll road with direct oversight by the City of Cibolo. At this time, an exact route has not been chosen. This road has been on the Master Plan since 2006 and on the though fare Plan for years. Mr. Herrera introduced John Crew from the Texas Turnpike Corporation who read a letter into the record concerning a Tax Increment Reinvestment Zone. Prior to opening the Public Hearing Mayor Dunn read into the record an email that he received on questions that were ask to Mayor Jensen fi•om Grand Prairie. Questions were about impact of SH 161 since completion and opening not only on the impact of this road but also the quality -of -life, crime rate and economics. Mayor Dunn opened the Public Hearing at 7:57pm. Terri Hall of San Antonio stated that she had attended a TxDOT District Luncheon and the power point that was given showed that the San Antonio district will receive $2.73 billion in funding for new construction over the next 10 years. She also stated that these funds have not been allocated to specific projects. Ms. Hall stated that she would send a copy of her paper to the Mayor. Mr. Dixon of Terrell Hills spoke and supported the comments made by Ms. Hall. Sonya Williams of Cibolo wanted to know all the options available to the city, would their by a fly over near homes, also why would we do a 75 year contract. Ms. Williams submitted all her questions to the city so they may be answered and placed on the web site. Melissa Tovar of Bolton Road had questions concerning the makeup of the MPO and if the City of Cibolo and Guadalupe County are growing why we don't have more representation on the MPO Board. MR. J. Hicks of Lamar St. stated that this is just a A feasibility Study they are not approving a toll road at this time. Mr. M. Hicks of Apache Circle supports the feasibility study. Tonya Lee of Arcadia Place we need to look at all options. Conflicting information has been posted making it difficult for people to know what is going on. Jeff Flint wanted a timeline. Joe Haley stated Schertz was looking a extending FM 3009 a toll road would then be redundant. Chief Cox pointed out a lack of mobility due to heavy rain which illustrates the problem with the roads in Cibolo. Pat Real wants the citizens to be able to vote on if they want a toll road in Cibolo. Mr. Stuart wanted to find out if there were plans to build walls to break the sound. Mayor Dunn closed the Public Hearing at 9:54pm. B. The City of Cibolo City Council will conduct a public hearing to hear public testimony regarding the amendment of Ordinance 1118, to revise the zoning classifications of approximately 177 acres of real properties located along and south of FM 78 between Country Lane and Meadowview Estates, referenced as the Venado Crossing Planned Unit Development. This item was briefed by Mr. Klein. Mayor Dunn opened the Public Hearing at 10:06 pm. No one wish to speak and Mayor Dunn closed the Public Hearing at 10:07 pm. C. The City of Cibolo City Council will conduct a public hearing to hear public testimony regarding the rezoning of 12 acres located approximately 950 feet east of the intersection of FM 1103 and Green Valley Road from the current zoning of Low Density Residential (SF -1) to Planned Unit Development (PUD) to allow a mixed use development comprised of uses allowed in the Old Town/Town Center (C-2) and Multi -Family Residential (MF -2) zoning districts. Ms. Mohan the applicant explained that she proposing a PUD consisting of 4 acres of Commercial fronting Green Valley Road with the remaining 9 acres consisting of uses permitted within the C-2 zoning district. She plans on building a medical office building and a health and recreational center. The remaining acreage will be multi -family, i.e. quadplex, apartments & garden homes. Mayor Dunn opened the Public Hearing at 10:34 pm. Dr. Mohan spoke on this item and explained what type of medical they wanted to bring to the city. No one else wish to speak and Mayor Dunn closed the Public Hearing at 10:38 pm. 8. Consent Agenda — Consent Items (General Items) (All items listed below are considered to be routine and non -controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the consent agenda and will be considered as part of the order of business.) A. Approval of the minutes of the Regular City Council Meeting held on September 13, 2016. B. Approval of the minutes of the City Council Joint Workshop held on September 20, 2016. Councilman Weber made the motion to approve the consent agenda. Motion was seconded by Councilman Hogue. For: All; Against: None. Motion carried 6 to 0. 9. Staff Updates/Discussion A. Parks Department B. Drainage Department C. Street Department D. Utility Department E. Administration As presented. 10. Discussion/Action A. Discussion/Action on the removal, appointments and re -appointments to Planning and Zoning Commission, Board of Adjustments Commission, Capital Improvement Program (CIP), Charter Review Committee, Master Plan Committee, Youth Council and Cibolo Economic Development Corporation, Animal Advisory Board and all other Committees, Commissions and Boards. Councilman Weber made the motion to appoint Melvin Hicks, Dick Hetzel and Joel Hicks to the Board of Adjustments. Motion was seconded by Councilman Hogue. For: All; Against: None. Motion carried 6 to 0. B. Discussion/Action and authorizing the City Manager to execute an Interlocal Agreement between the City of Cibolo and the City of Schertz for a new traffic control signal at the intersection of Borgfeld and Dietz Road. Councilman Garrett made the motion to authorize the City Manager to execute an Interlocal Agreement between the City of Cibolo and the City of Schertz for a new traffic control signal at the intersection of Borgfeld and Dietz Road. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 6 to 0. C. Discussion/Action and authorizing the City Manager to execute a contract in the amount of Three Million, Six Hundred Twenty Five Thousand, Two Hundred Seventy Four Dollars and Zero Cents ($3,625,274.00) to construct the Cibolo Youth Sports Complex with W.R. Griggs Construction, Inc., Castroville, Texas, and setting aside a contingency fund in the amount of One Hundred Twenty Five Thousand Dollars and Zero Cents ($125,000.00) contingent on the YMCA Board approval of their funding agreement. Councilwoman Schultes made the motion to authorize the City Manager to execute a contract in the amount of Three Million, Six Hundred Twenty Five Thousand, Two Hundred Seventy Four Dollars and Zero Cents ($3,625,274.00) to construct the Cibolo Youth Sports Complex with W.R. Griggs Construction, Inc., Castroville, Texas, and setting aside a contingency fund in the amount of One Hundred Twenty Five Thousand Dollars and Zero Cents ($125,000.00) contingent on the YMCA Board approval of their funding agreement. Motion was seconded by Councilwoman Gebhardt. For: All; Against: None. Motion carried 6 to 0. D. Discussion and recommendation from the Economic Development Corporation Board of Directors on proposed changes to the sign ordinance. Mr. Luft, Economic Development Director and Mr. Buell one of the Directors of the Economic Development Corporation explained the changes they would like placed in the new sign ordinance that the Planning Department is working on. The EDC feels that these changes for new businesses shows that the City of Cibolo appreciates the new businesses and that Cibolo is business friendly. Council agreed with proposed changes and requested that the Planning Department incorporate these changes in the ordinance. 4 E. Discussion/Action on the review and confirmation of all upcoming special meetings and workshops and scheduling the time, date, and place of additional special meetings or workshops. Council went over the calendar for September and October 2016. 11. Ordinances A. Approval/Disapproval of an ordinance of the City of Cibolo, Texas to rezone certain real property located approximately 950 feet west of the intersection of FM 1103 and Green Valley Road, comprised of approximately 12 acres from low density Single -Family Residential (SF -1) to Planned Unit Development (PUD) District to allow a mixed use development comprised of uses allowed in the Old Town/Town Center (C-2) and Multi -Family Residential (MF -2) Zoning Districts. Councilman Weber made the motion to approve the ordinance of the City of Cibolo, Texas to rezone certain real property located approximately 950 feet west of the intersection of FM 1103 and Green Valley Road, comprised of approximately 12 acres from low density Single -Family Residential (SF - 1) to Planned Unit Development (PUD) District to allow a mixed use development comprised of uses allowed in the Old Town/Town Center (C-2) and Multi -Family Residential (MF -2) Zoning Districts. Motion was seconded by Councilman Hogue. For: All; Against: None. Motion canned 6 to 0. 12. Resolutions A. Approval/Disapproval of a Resolution of the City Council of the City of Cibolo, Texas amending the City of Cibolo Investment Policy; appointing the City's Investment Officers; providing for a repealing clause; providing for a severability clause; and providing for an effective date. Councilman Garrett made the motion to approve a Resolution of the City Council of the City of Cibolo, Texas amending the City of Cibolo Investment Policy; appointing the City's Investment Officers; providing for a repealing clause; providing for a severability clause; and providing for an effective date. Motion was seconded by Councilman Weber. For: All; Against: None. Motion carried 6 to 0. 13. Adjournment Councilman Weber made the motion to adjourn the meeting at 11:08 pm. Motion was seconded by Councilman Garrett. For: All; Against: None. Motion carried 6 to 0. PASSED AND APPROVED THIS 11TH DAY OF OCTOBER 2016 Allen Dunn Mayor ATTEST Peggy Cimics, TRMC City Secretary 5 m c` 0 3 m` 0 0 O (gyp O N N N 3 N fD a. 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Fire and EMS Combined List by Incident Number Alarm Date Between {09/01/20161 And {09/30/2016} q 13 Incident Type Date Location Description 16-0000957-0 FIRE 09/01/2016 808 LA CALA 321 EMS call, excluding 16-0000958-0 FIRE 09/01/2016 3864 CIBOLO VALLEY DR /n 321 EMS call, excluding 16-0000959-0 FIRE 09/02/2016 W FM 78 W (City) RD & S MAIN (100- 131 Passenger vehicle fire 16-0000960-0 FIRE 09/02/2016 DEER CREEK BLVD & DEER MEADOW 410 Combustible/flammable 16-0000961-0 FIRE 09/02/2016 3893 CIBOLO VALLEY DR 321 EMS call, excluding 16-0000962-0 FIRE 09/02/2016 100 HARNESS IN 321 EMS call, excluding 16-0000963-0 FIRE 09/03/2016 162 W LOOP 539 RD 321 EMS call, excluding 16-0000964-0 FIRE 09/03/2016 1191 WEIDNER RD 600 Good intent call, Other 16-0000965-0 FIRE 09/03/2016 108 N WILLOW WAY 553 Public service 16-0000966-0 FIRE 09/03/2016 90.8 SUNRISE PASS 111 Building fire 16-0000967-0 FIRE 09/03/2016 226 PARK VALLEY DR 321 EMS call, excluding 16-0000968-0 FIRE 09/04/2016 13789 IH 10 WEST (2) HWY 321 EMS call, excluding 16-0000969-0 FIRE 09/05/2016 809 ARMOUR DR 321 EMS call, excluding 16-0000970-0 FIRE 09/05/2016 201 PEALE CT 321 EMS call, excluding 16-0000971-0 FIRE 09/05/2016 109 GRAND VISTA 321 EMS call, excluding 16-0000972-0 FIRE 09/0.6/2016 513 CIBOLO VALLEY DR 730 System malfunction, T 900973-0 FIRE 09/06/2016 1300 FM 1103 (800-1400) RD 322 Motor vehicle accident 16-0000974-0 FIRE 09/06/2016 263 DOUGLAS ST 321 EMS call, excluding 16-0000975-0 FIRE 09/06/2016 262 HOLLAND PARK 321 EMS call, excluding 16-0000976-0 FIRE 09/06/2016 128 EVENING BREEZE 321 EMS call, excluding 16-0000977-0 FIRE 09/06/2016 614 OAKMONT WAY '321 EMS call, excluding 16-0000978-0 FIRE 09/06/2016 200 CIBOLO VALLEY DR 321 EMS call, excluding 16-0000979-0 FIRE 09/07/2016 104 BLOSSOM CT 553 Public service 16-0000980-0 FIRE 09/07/2016 2141 ROSE SHARON DR 611 Dispatched & cancelled 16-0000981-0 FIRE 09/07/2016 102 BENTWOOD RANCH DR 321 EMS call, excluding 16-0000982-0 FIRE 09/07/2016 121 BENTWOOD RANCH DR 600 Good intent call, Other 16-0000983-0 FIRE 09/07/2016 204 AUTUMN FALL 733 Smoke detector 16-0000984-0 FIRE 09/07/2016 817 SUSSEX CV 600 Good intent call, Other 16-0000985-0 FIRE 09/08/2016 100 MOHAWK DR /147 321 EMS call, excluding 16-0000986-0 FIRE 09/08/2016 FM 1103 (1400 - 2300) & STONEBROOK 324 Motor Vehicle Accident 16-0000987-0 FIRE 09/09/2016 129 DEWBERRY PARK 321 EMS call, excluding 16-0000988-0 FIRE 09/09/2016 124 BRAHMA WAY 321 EMS call, excluding 16-0000989-0 FIRE 09/09/2016 361 BRAHMA WAY 300 Rescue, EMS incident, 16-0000990-0 FIRE 09/10/2016 127 RUNNING BROOK 321 EMS call, excluding 16-0000991-0 FIRE 09/10/2016 200-250 W BORGFELD RD 412 Gas leak (natural gas or 16-0000992-0 FIRE 09/10/2016 121 APACHE CIR 321 EMS call, excluding 16 100993-0 FIRE 09/11/2016 2300 FM 3.009 321 EMS call, excluding 16=u000994-0 FIRE 09/11/2016 110 N MAIN (100-Borgfeld) ST 600 Good intent call, Other 16-0000995-0 FIRE 09/11/2016 W BORGFELD RD & DIETZ RD 321 EMS call, excluding 16-0000996-0 FIRE 09/11/2016 137 PARK HEIGHTS 321 EMS call, excluding 10/03/2016 08:29 Page 1 Cibolo Fire Dept. Fire and EMS Combined List by Incident Number Alarm Date Between {09/01/20161 And {09/30/2016) Incident Type Date Location Description 16-0000997-0 FIRE 09/11/2016 1112 VALERIA DR 321 EMS call, excluding 16-0000998-0 FIRE 09/12/2016 515 THISTLE CREEK DR 745 Alarm system activation, 16-0000999-0 FIRE 09/12/2016 104 BLOSSOM CT 321 EMS call, excluding 16-0001000-0 FIRE 09/12/2016 635 CIBOLO VALLEY DR 741 Sprinkler activation, no 16-0001001-0 FIRE 09/12/2016 513 CIBOLO VALLEY DR 733 Smoke detector 16-0001002-0 FIRE 09/12/2016 101 SPICE OAK LN 553 Public service 16-0001003-0 FIRE 09/12/2016 100 MOHAWK DR /110 321 EMS call, excluding 16-0001004-0 FIRE 09/12/2016 232 GOODNIGHT CIR 321 EMS call, excluding 16-0001005-0 FIRE 09/13/2016 791 FM 1103 (CIB NRTH) 321 EMS call, excluding 16-0001006-0 FIRE 09/13/2016 308 RANCH HOUSE RD /n 321 EMS call, excluding 16-0001007-0 FIRE 09/14/2016 E IH -10 East Bound HWY E & ZUEHL RD 322 Motor vehicle accident 16-0001008-0 FIRE 09/14/2016 MM 595 E IH -10 East Bound HWY E 130 Mobile property 16-0001009-0 FIRE 09/14/2016 395 W BORGFELD RD /football field 311 Medical assist, assist 16-0001010-0 FIRE 09/14/2016 109 BUFFALO TRL 321 EMS call, excluding 16-0001011-0 FIRE 09/14/2016 289 WILLOW VIEW 321 EMS call, excluding 16-0001012-0 FIRE 09/15/2016 174 WEIDNER RD 600 Good intent call, Other 1, 001013-0 FIRE 09/15/2016 512 STONEBROOK DR 321 EMS call, excluding 16-0001014-0 FIRE 09/15/2016 198 NOTCHLEAF 321 EMS call, excluding 16-0001015-0 FIRE 09/16/2016 FM 1103 (1400 - 2300) 600 Good intent call, Other 16-0001016-0 FIRE 09/16/2016 11256 MARTINEZ PASS 131 Passenger vehicle fire 16-0001017-0 FIRE 09/17/2016 220 Pevero 611 Dispatched & cancelled 16-0001018-0 FIRE 09/17/2016 258 S MAIN (100- Schaeffer) ST 321 EMS call, excluding 16-0001019-0 FIRE 09/17/2016 112 ANVIL PL 321 EMS call, excluding 16-0001020-0 FIRE 09/17/2016 200 S MAIN (100- Schaeffer) ST 311 Medical assist, assist 16-0001021-0 FIRE 09/18/2016 209 N MAIN (100-Borgfeld) ST 321 EMS call, excluding 16-0001022-0 FIRE 09/18/2016 103 TIDE LN 311 Medical assist, assist 16-0001023-0 FIRE 09/19/2016 E IH -10 East Bound HWY E/at Mile 324 Motor Vehicle Accident 16-0001024-0 FIRE 09/19/2016 W BORGFELD RD & CRIMSON TREE 324 Motor Vehicle Accident 16-0001025-0 FIRE 09/19/2016 134 ROYAL TROON DR 321 EMS call, excluding 16-0001026-0 FIRE 09/19/2016 131 WOODSTONE LOOP 321 EMS call, excluding 16-0001027-0 FIRE 09/20/2016 700 W FM 78 W (City) RD 321 EMS call, excluding 16-0001028-0 FIRE 09/20/2016 HAECKERVILLE (2200-4800) RD & IH 10 321 EMS call, excluding 16-0001029-0 FIRE 09/20/2016 1740 BOLTON RD 311 Medical assist, assist 16-0001030-0 FIRE 09/20/2016 208 STORM MOUNTAIN RD 321 EMS call, excluding 16-0001031-0 FIRE 09/20/2016 W FM 78 @ FM 1103 RD 322 Motor vehicle accident 16-0001032-0 FIRE 09/21/2016 1142 VALERIA DR 321 EMS call, excluding 16, X01033-0 FIRE 09/20/2016 117 CYPRESS WILLOW 321 EMS call, excluding 16-X001034-0 FIRE 09/21/2016 209 N MAIN (100-Borgfeld) ST 321 EMS call, excluding 16-0001035-0 FIRE 09/22/2016 128 VISTA DEL RAY 321 EMS call, excluding 16-0001036-0 FIRE 09/22/2016 152 DAVIE LN 321 EMS call, excluding 10/03/2016 08:29 Page 2 Cibolo Fire Dept. Fire and EMS Combined List by Incident Number Alarm Date Between {09/01/2016} And {09/30/2016} Incident Type Date Location Description 16-0001037-0 FIRE 09/23/2016 165 SPRINGTREE BLUFF BLF 321 EMS call, excluding 16-0001038-0 FIRE 09/23/2016 128 VISTA DEL RAY 321 EMS call, excluding 16-0001039-0 FIRE 09/24/2016 133 RATTLESNAKE WAY 311 Medical assist, assist 16-0001040-0 FIRE 09/24/2016 604 SADDLEHORN WAY 321 EMS call, excluding 16-0001041-0 FIRE 09/23/2016 408 MAYFLOWER 321 EMS call, excluding 16-0001042-0 FIRE 09/24/2016 730 FM 1103 (CIB NRTH) 700 False alarm or false 16-0001043-0 FIRE 09/24/2016 747 COUNTRY LN 321 EMS call, excluding 16-0001044-0 FIRE 09/24/2016 CIBOLO VALLEY DR & GREEN VALLEY 463 Vehicle accident, 16-0001045-0 FIRE 09/24/2016 2268 BOLTON RD 611 Dispatched & cancelled 16-0001046-0 FIRE 09/24/2016 228 CONSIGLIO ST 321 EMS call, excluding 16-0001047-0 FIRE 09/24/2016 113 FALCON CRX 611 Dispatched & cancelled 16-0001048-0 FIRE 09/25/2016 209 N MAIN (100-Borgfeld) ST 321 EMS call, excluding 16-0001049-0 FIRE 09/25/2016 140 FALCON CRX 611 Dispatched & cancelled 16-0001050-0 FIRE 09/25/2016 3200 CIBOLO VALLEY DR 321 EMS call, excluding 16-0001051-0 FIRE 09/25/2016 IH 10 WEST (2) HWY /at Zuel Road 322 Motor vehicle accident 16-0001052-0 FIRE 09/25/2016 3139 W LOWER SEGUIN 3300 -0000 RD 321 EMS call, excluding 1,, 701053-0 FIRE 09/26/2016 1637 Canyon Oak 733 Smoke detector 16-0001054-0 FIRE 09/26/2016 245 CJ JONES CV 321 EMS call, excluding 16-0001055-0 FIRE 09/26/2016 2200 FM 3009 321 EMS call, excluding 16-0001056-0 FIRE 09/26/2016 212 ARMADILLO WAY 321 EMS call, excluding 16-0001057-0 FIRE 09/27/2016 633 BISON LN 321 EMS call, excluding 16-0001058-0 FIRE 09/27/2016 117 DAVIE LN 611 Dispatched & cancelled 16-0001059-0 FIRE 09/28/2016 9750 WEIR RD 321 EMS call, excluding 16-0001060-0 FIRE 09/28/2016 226 PARK VALLEY DR 321 EMS call, excluding 16-0001061-0 FIRE 09/28/2016 515 THISTLE CREEK DR 327. EMS call, excluding 16-0001062-0 FIRE 09/28/2016 140 KIPPER AVE 611 Dispatched & cancelled 16-0001063-0 FIRE 09/28/2016 IH 10 WEST (3) HWY /at Mile Marker 322 Motor vehicle accident 16-0001064-0 FIRE 09/30/2016 401 PRICKLY PEAR WAY 321 EMS call, excluding 16-0001065-0 FIRE 09/30/2016 IH 35 SOUTH HWY & ECKHARDT RD 611 Dispatched & cancelled 16-0001067-0 FIRE 09/30/2016 602 CIBOLO VALLEY DR 321 EMS call, excluding Total Incident Count 0001 EMS Incident Cnt: Fire Incident Cut: C 110 10/03/2016 08:29 Page 3 r W In l0 rl O ro N N 0 0 y I H N N O O Q' N o 0 0 0 0 N r r U W ro m ai M O O D I M 'r 3 mrm! '0 rl N rl O d' U N N c0 y I UI N N O O Q' N � r r U W ai 'r 3 mrm! '0 rl N rl O d' U c0 I UI N N O O Q' N ,1 W N Z H U to U U q U U (7 W ti rl m r m io o N N m ro r o m o 0 E O N O O O O O u7 ai I ro r{ O r1 O O O O O rl ro U U I _ N <D r-1 � O N p M U m yJ � U o m 4J Y N U 0 a N N rl O o m o 0 0 0 0 m N N � N � O l N 12 v > 1J 0 W x J � H rt A �+ 0 O r N o ro o � w N O N rl m rl O O r -14 ro w AJ U N -ri U U Z U U W CD Q m U U U 0 m to ti Station # 1 2 Cibolo Fire Dept. Monthly Incident Counts By Station Alarm Date Between {01/01/2016} And {09/30/2016} Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 67 78 67 86 82 75 76 91 68 0 0 0 44 48 42 38 51 33 49 26 42 0 0 0 Grand Total Runs: 1063 Total Percent 690 64.91% 373 35.080 10/03/2016 08:32 Page 1 Total Runs by Month Jan 111 Feb 126 Mar 109 Apr 124 May 133 Jun 108 Jul 125 Aug 117 Sep 110 Oct 0 Nov 0 Dec 0 Grand Total Runs: 1063 Total Percent 690 64.91% 373 35.080 10/03/2016 08:32 Page 1 �f:. .. - e• e a •. . ,• e e . I ad Q FEEM 14 So son AO % % %% gpo % % % % % Q % % � % % IIS % % � w lFoo e e e ee. a 1• e• e e p MUNICIPAL COURT REPORT - FILED CASES ` CIBOLO Page: 1 Report For September 1, 2016 Thru September 30, 2016 FILEDST -------------------------------------------------------------------------------- Violations by Filed. Date... -------------------------------------------------------------------------------- POLICE DEPARTMENT 250 MUNICIPAL COURT 17 TRANSFERRED OUT 0 Total Filed Violations 267 Completed Cases... ------------------------------------ Paid Fine... POLICE DEPARTMENT MUNICIPAL COURT TRANSFERRED OUT Total Paid Fines Before Judge POLICE DEPARTMENT MUNICIPAL COURT TRANSFERRED OUT Total Before Judge Total Completed ---------------------- Other Completed... DISMISSED DSC POLICE DEPARTMENT MUNICIPAL COURT TRANSFERRED OUT Total DISMISSED AFTER DEFERRED DISP.. POLICE DEPARTMENT MUNICIPAL COURT TRANSFERRED OUT Total DISMISSED/PRESENTED INSURANCE POLICE DEPARTMENT MUNICIPAL COURT TRANSFERRED OUT Total 4 DISMISSED BY JUDGE POLICE DEPARTMENT MUNICIPAL COURT TRANSFERRED OUT Total DISMISSED/COMPLIANCE 41 1 1 43 20 3 4 27 70 13 0 0 13 10 1 0 11 3 0 0 3 1 0 0 1 �C MUNICIPAL COURT REPORT - FILED CASES CIBOLO Report For September 1, 2016 Thru September 30, 2016 ------------------------------------------------------------------- POLICE DEPARTMENT 11 MUNICIPAL COURT 0 TRANSFERRED OUT 0 Total 11 DISMISSED BY PROSECUTOR POLICE DEPARTMENT 2 MUNICIPAL COURT 1 TRANSFERRED OUT 0 Total 3 DISMISSED AFTER APPEAL POLICE DEPARTMENT 1 MUNICIPAL COURT 1 TRANSFERRED OUT 0 Total 2 Total Other Completed 44 Grand Total Completed 114 Net Difference Filed/Complete 153 ------------------------------------------------------------- Warrants... ------------------------------------------------------------- Issued... POLICE DEPARTMENT 1 MUNICIPAL COURT 1 TRANSFERRED OUT 0 Total Violations 2 Total Warrants Issued 2 Cleared... POLICE DEPARTMENT 8 MUNICIPAL COURT 4 TRANSFERRED OUT 1 Total Violations Total Warrants Cleared Change in Total Warrants ------------------------------------------------------- CCC04 CONSOLIDATED COURT COST $5,588.31 TFC TFC $340.25 AR ARREST FEE $655.69 STF STATE TRAFFIC FEE $3,402.46 MCBS MUNICIPAL COURT BUILDING SEC. $419.13 CTF COURT TECHNOLOGY FUND $558.82 SURF STATE JURY REIMBURSEMENT FEE $558.82 JFCI JUDICIAL SUPPORT FEE -CITY $83.82 IDF Indigent Defense Fee $275.41 CJFS Civil Justice Fee State (MVP) $9.82 CJFC Civil Justice Fee Court (MVF) $1.09 Page: 2 FILEDST MUNICIPAL COURT REPORT - FILED CASES CIBOLO Report For September 1, 2016 Thru September 30, 2016 Page: 3 FILEDST JFCT2 JUDICIAL SUPPORT FEE -STATE $743.62 TPF TRUANCY PREVENTION FUND $267.35 DSC DSC ADMIN FEE $530.00 FINE FINE $7,102.33 WRNTFE WARRANT FEE $596.20 TLFTAI OMNI BASE STATE $192.18 TLFTA2 OMNI FEES $57.66 TLFTA3 LOCAL OMNI BASE FEE - CITY $38.45 TP -S TIME PAYMENT PLAN - STATE $78.48 TP -L TIME PAYMENT PLAN - LOCAL $62.79 TP -L -C TIME PAYMENT FEE - EFFIENCY $15.69 COLAGY COLLECTION AGENCY FEE $644.92 EXPUNG EXPUNCTION FEE $30.00 ADMIN SPECIAL EXPENSE FEE $4,053.00 CS2 CHILD SAFETY FEE- SCHOOL ZONES $995.15 AF2 $20 Administrative Fee $120.00 AF DISMISSAL FEE $50.00 JFCT JUDICIAL SUPPORT FEE -COUNTY $6.80 Total Fees/Fines Paid $27,478.24 ------------- -------------- City retains $15,710.07 ----- N N N `y O O C C W E O T l0 > C N U N 0 M N O J N m N N U J z d o N E p p m E c F- o m E C r c N U �m=C U M.0 co amiF E_� m rnw m rn Q a> o m n m> LLM C d: a Q w Cn (n U D M J Q O M p O O IT It r N r M M a M N It M O r V O M N M N O N N O V Or p N N r CO N M O M r r h r W N N N r N r p N M M V r ') CO N M r M m EE = C E E v N rLLI2 E 0 O Z u E u 'm O a 8 mW 0y`0 Em E E o o0 E Ur Qw o > E a ?oE E ' nNo a E o -E'mEs MEm Erm tMfEm. 8 E 3 �o 0 Eo �pE N C 9m "gO 'Om } 1 'om�v 1 mE t(7 o h E L LNm o naa1'' v 33ZEoc F�E E co LUMQ=Z LU ❑ Z LU 0 OM O Of rL r M M CO 7 V = N O M r (0 M O W M F N r M M CO N M (O 'd' It r N M Q U) O N v (O M N r w CO n H O O M M co M D co M O CO M r M O N CO M U) M M W O W (O W (O N ' 9 LL Z M' Or W N m co M M M co 2 F- m V' M CO m 0 Q W M N O M OO m M r V OO U N U 00 M N N W M LL M (O W- W M M w 0 w r m c> C)a t tiv 0 0r)0vcicid Z r i (O d' M M M w w O _U co r (O (O � W M N N W M ��' O r r O N O 0 (O O M M� O O r M� (O a 0 V M 00 O N r r (p tO t0 w M 0 Q O M r M a c Z q' LU N 7 O N W M W O (O O m co N O 0 0 0 r W w CO W o r N r v (n M (O (o N r a O a M (n O (o N m (o M M M (O v LL) N M M M M (n M W r M N M OO 00 (fl F., F m OTOMTM=M T U U (� W Jo' K o 0 0 0 ro o a0 o n o w0 W W N N N N N N N N N £I N N C C C 0 0 0 0 �. 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U` m o (0 m a U),DYm 0 > oN m`i c: _ f2 U O O W 0] 47 O /A >� > Z lL (n M V W N N O W - N m E of EV U > 0 O O O > 0 i7 E 0 OI 0. . o N EO O L O L O O 9 O Y+ N O 9 O 9 O S] O N fA U Q U > > VO' -o 'oo m fN -N O- _ > 0 co E > E I m LL p o o u y p M U o U Ni N J r W m iW �i �I� O W m W C (MO Z IT M M N M (OWN r�Wrf0 (O U U U a i i p U x o0 = i o W ry I i 7 l0 m O N N N N M C u U N N F- F- N ai X O O O N O N O N h W 2 'O R j�I CO Co Co i i w a t � a d N c m i C7 O O N N ry x lOp Q M L E a a L O N N d a. o N E O 3 p N �' C {p L U U U U U U U r 0 p,J E N O O f1 I� W co O r O of co co N a0 M of V a0 W (O a0 I� of W W O) o0 O O) �- W N O) M O V O t0 d) (O O I� O) W O) O o) O O O N O M O V O OF C! �y �C 0 r e 71ex AS "City of Choice" City Council Meeting Date: October 11, 2016 From: Rudolph F. Klein IV, P.E., Director of Planning & Engineering Subject: Building Variance Request — Brighter Futures Learning Center 11 Owner: Cibolo 31K INC ApplicantlRepresentative: Rhonda Williams Address: 2175 FM 1103 Brighter Futures Learning Center II Council District: 4 Area: 1.03 Acres Proposed Use: Daycare/School / () o Background/History: Building Plans for the Brighter Future Learning Center II were reviewed by Reed Fire Protection Engineering, the City's third party Fire Protection/Life Safety plan reviewer, and first round comments were issued on March 17, 2016. The review comments letter included the following: "2. The IBC definition of Group E day care occupancies in Section 305.2 requires that all children be at least 2% years old or older. The plan submitted shows a room Identified as a "Mother Room". This indicates that this building will have children below the age of 21/2. IBC Section 308.6 defines this facility as 1-4 Occupancy. Revise drawings to show requirements for 1.4 occupancy. " (See Attachment No. 1) In letter dated May 10'", 2016, the applicant's architect, Acuform Architects, addressed the review comments received from City staff and Reed. (See Attachment No. 2) In the letter the architect states that the applicant would have children 2 Y2 years old or younger and requests that the building be allowed to keep the Group E classification by adding the exterior doors to the five classrooms as required by code. The door will have to have a panache handle and cannot be locked. In a meeting between staff, the applicant and her design team, it was brought up that an exterior door added to Classroom 112 would open directly into a parking lot adjacent to FM 1103. The concern is that the door could be opened by a toddler who may proceed out to the parking lot or highway. A request was made to consider allowing a "slider window", that a toddler would not be able to open, in lieu of the exterior door. The request for the modification was submitted in writing on May 23, 2016 by Acuform. (See Attachment No. 3) The Building Code allows that the Building Official my consider such request and approve, disapprove or modify the requirements. After discussion with the Fire Chief, Chief Niemietz, and Fire Marshal Mr. Perry, in consideration of the request, and safety issue presented, I replied by email approval of the use of the slider window in lieu of exterior door for the one classroom adjacent to the parking lot, Classroom 112. (See Attachment No. 4) On June 24, 2016, the Mrs. Williams, the applicant, submitted an additional request that the slider windows be allowed in lieu of the other four classrooms that would provide care for children 2 years old or younger; Classrooms 115, 117, 118 and 119. (See Attachment No. 5) Staff considered the request and determined that because each of the four classrooms would exit into fenced yards and away from the parking lot, that the request could not be justified. Mrs. Williams was informed that staff would not approve her request and that she could appeal the staff decision to the City Council. On September 6,- 2016, Mrs. Williams submitted a letter to the Mayor and City Council, requesting a Building Variance Request. (See Attachment No. 6) City Council Action: 1. If the City Council determines that the variance request is reasonable, the Council should approve the variance request as submitted by the applicant. 2. If the Council determines that the variance request is not reasonable, the Council should deny the variance request as submitted by the applicant. 2�� IL R olph P. Klein IV, P.E. Director of Planning & Engineering City of Cibolo RkleinOcibolotx.gov 210-658-9900 x 3139 Roger Niemietz Fire Chief City of Cibolo rniemietzacibolotx.aov 210-658-9900 x1 QTfhChneaT Flo.! March 17. 2016 Rudolph F. Klein IV, P.E. Director of Planning and Engineering 200 S. Main Street, Cibolo, TX 78108 Office: (210) 658-9900 RE: Building Plan Review for Code and Fire Protection Brighter Futures Learning Center li 2175 FM 1103 Cibolo, Texas 78106 RFPE # 20-2016143 Mr. Klein: By: A R C H I T E C T U R E Rodrigo Rivera I Project Manager 10223 McAllister Freeway, Suite 205 San Antonio, TX 78216 tel (210) 829-16001 mobile (210) 789-1823 RFPE received one (1) copy of digital building plans for a new freestanding educational building at the above address. Plans are dated 112712016. The proposed building is approximately 13,000 1112andis of V -B construction. Intended occupancy is E. These plans were issued for City of Cibolo Fire Prevention Review. We have reviewed the plans for life safety compliance with the 2012 IBC and the 2012 IFC including local amendments. RFPE offers the following additional comments pertaining to Life Safety and Fire Protection Related Codes: REVISE AND RESUBMIT Civil Sheets Reviewed: C6.0 The proposed building meets the requirements of 2012 IBC, 2012 IFC and City of Cibolo adopted Amendments related to Fire Protection. Fire lanes and hydrant locations, The City of Cibolo is installing an additional hydrant adjacent to the site on FM 1103. The drawing shows a 6" supply to the automatic sprinkler system and a 4" line to the remote fire department connection. 1. Separate submittal and review is required for the underground fire line since a separate permit is required. MEP Sheets Reviewed: MEP0.1, MEP0.4,MEP7.1,M3.1,E2.1,E3.1,E4.2,P1.1,P2.1,P3.1,P3.2,P3.3 The proposed building does not meet the requirements of 2012 IBC, 2012 IFC and City of Cibolo adopted Amendments related to Fire Protection, Emergency Lighting and Exit Signage. Drawing MEP0.1 contains the spec for the automatic sprinkler system. MEP0.4 contains the spec for the fire alarm system. 1. Separate submittal and review is required for the automatic sprinkler system since a separate permit is required. 2. Separate submittal and review is required for the fire alarm system since a separate permit is required. 3. Delete reference to heat detector on MEP0.4. Drawings do not show any of these devices. 4. Drawing E4.2 does not show a separate circuit breaker for the FACP as required by NFPA 72. 5. The alarm bell shown on sheet P3.3 is not shown on drawing E3.1. It will be connected to the fire alarm system. 6. Delete the fire protection note 1 regarding existing buildings on sheets P2.1, P3.1, P3.2, P3.3. 7. Revise the fire alarm system drawing to comply with the requirements for 1-4 occupancies in IBC Section 907.2.6. Reed Fire Protection Engineering 1777 NE Loop 410, Suite 600, San Antonio, Texas 78217 210 8202682 fax:210 820 2609 Corporate Headquarters 14135 Midway Rd., Suite G 260, Addison, Texas 75001 800 3815504 tel:214 638 7599 11Page Architectural Sheets Reviewed: ASIA, G0.0, G1.4 The proposed building does not meet the requirements of 2012 IBC, 2012 IFC and City of Cibolo adopted Amendments related to Fire Protection, Exit Capacity, Travel Distances and Egress Widths. 1. Provide a more detailed occupant load calculation. Multipurpose rooms, break rooms and conference rooms are assembly areas and storage rooms, common areas, offices etc. also have a different occupant load. 2. The IBC definition of Group E day care occupancies in Section 305.2 requires that all children be at least 2% years old or older. The plan submitted shows a room identified as a "Mother Room". This indicates that this building will have children below the age of 2%. IBC Section 308.6 defines this facility as 1.4 Occupancy. Revise drawings to show requirements for 1-4 occupancy. Please review this information and if you have any questions, please call. Sincerely, int/�fJr'/r/0000 Albert W Reed P E Reed Fire Protection Engineering LLC Firm Number: F-005095 Reed Fire Protection Engineering 1777 NE Loop 410, Suite 600, San Antonio, Texas 78217 210 820 2682 fax;210 820 2609 Corporate Headquarters 14135 Midway Rd., Suite G 260, Addison, Texas 75001 800 3815504 tel:214 638 7599 21Page IdY(YIGh�4eNr PD. -L, PLAN REVIEW RESPONSES May 10, 2016 Acuform Architecture M23 McAllister Rvy, Ste 205 San Antonio, Texas 78216 Rudolph F. Klein IV, P.E. Director of Planning and Engineering 210 8291600 P. C$ of Cibolo y 210 8291603 F. S Main Street ®200 Cibolo, Texas 78108 Re: RFPE# 20-2016143 Brighter Futures Learning Center 2175 FM 1103, Cibolo, Texas 78108 Please see the written responses to each section of review comments. Refer to the revised drawings as referenced by the comments below for additional information or changes. All comments were discussed with Albert Reed prior to this response. CIVIL SHEET C6.0 The proposed building meets the requirements of 2012 IBC, 2012 1F and City of Cibolo adopted Amendments related to Fire Protection, Fire lanes and hydrant locations. The City of Cibolo is installing an additional hydrant adjacent to the site on FM 1103. The drawing shows a 6' supply to the automatic sprinkler system and a 4" line to the remote fire department connection. 1. Separate submittal and review is required for the underground fire line since a separate permit is required. A separate submittal will be submitted for review for the proposed underground fire line as required. MEP SHEETS REVIEWED: MEP0.1, ME130.4, MEP1.1, M3.1, E2.1, E3.1, E4.2, P1.1, P2.1, P3.1, P3.2, P3.3 1. Separate submittal and review is required for the automatic sprinkler system since a separate permit is required. A separate submittal will be submitted for review for the proposed fire protection (automatic sprinkler system) as required. 2. Separate submittal and review is required for the fire alarm system since a separate permit Is required. A separate submittal will be submitted for review for the fire alarm system as required. 3. Delete reference to heat detector on MEP0.4. Drawings do not show any of these devices. Sheet MEP0.4 has been revised as requested. 4. Drawing E4.2 does not show a separate circuit breaker for the FACP as required by NFPA 72. A circuit has been added for the FACP as required on sheet. Refer to the attached revised sheet. 5. The alarm bell shown on sheet P3.3 is not shown on drawing E3.1. It will be connected to the fire alarm system. The alarm bell will be connected to the fire alarm systems as required. Refer to the attached revised sheet E3.1. 6. Delete the fire protection note 1 regarding existing buildings on sheets P2.1, P3.1, P3.2, P3.3. The general notes on the referenced sheet have been revised to reflect the project conditions. 7. Revise the fire alarm system drawing to comply with the requirements for 1-4 occupancies in IBC Section 907.2.6. The fire alarm drawings will be submitted as a deferred submittal as required. The building will remain a Group E occupancy as detailed and explained in the comments in the Architectural Sheet Review. ARCHITECTURAL SHEETS REVIEWED: AS1.1, G0.0, G1.4 The proposed building does not meet the requirements of 2012 IBC, 2012 IFC and City of Cibolo adopted Amendments related to Fire Protection, Exit Capacity, Travel Distances and Egress Widths. 1. Provide a more detailed occupant load calculation. Multipurpose rooms, break rooms and conference rooms are assembly areas and storage rooms, common areas, offices etc. also have a different occupant load. The occupant load calculations have been revised to show the multipurpose room as a separate occupancy. All other spaces are to remain classified as E as an incidental use as they are less than 10% of the building area. 2. The IBC definition of Group E day care occupancies in Section 305.2 requires that all children be at least 2% years old or older. The plan submitted shows a room Identified as a "Mother Room". This indicates that this building will have children below the age of 2K. IBC Section 308.6 defines this facility as 1-4 Occupancy. Revise drawings to show requirements for 1-4 occupancy. The day care center will provide care to children 2 Yz years old or less. We are requesting to keep the occupancy classification as Group E as allowed under section 308.6.1. The rooms that will be occupied by the children 2'/: years and less will be the classrooms on the right side of the building including rooms 112,115, 117, 118, 119. As required under section 308.6.1 each of these rooms will have an exit door directly to the exterior of the building. Exit doors have been added or modified to have the required exit devices and signage to meet the requirements of the code. The State of Texas Minimum Standards for Child -Care Centers have special requirements for rooms serving children 2 and under. The five rooms referenced have been designed to meet these standards with regards to size of the rooms, plumbing fixtures and amenities. Each room has been designed for a specific age group and will not be changed. Because of these circumstances we are requesting to add exit doors only to the rooms referenced and not to any of the classrooms on the left side of the building as they will be serving children 3 and older. Please reference the revised sheets showing this Information. If you have any questions or need any clarification on any of the items mentioned please do not hesitate to contact us. Respectfully, Shawn Willis Shawn.willis@acuform.com -71 www.acuform.com 10223 McAllister Fwy. Ste 205 San Antonio, Texas 78216 A -ITA ct') 046.4 P 5.3 CODE MODIFICATION BEQUEST 210 829 1600 P. May 23, 2016 Rudy Klein Cibolo Engineer 200 S. Main Street Cibolo, Texas 78108 Re: Brighter Futures Learning Center 2175 FM 1103, Cibolo, Texas 78108 Dear Rudy: Our office is in receipt of the plan review comments from Reed Fire Protection Engineering - the engineering firm contracted by the City of Cibolo for plan reviews. The plan review process has resulted in a denial comment regarding the following section of the 2012 International Building Code. 308.6.1 Classification as Group E. A child day care facility that provides care for more than five but not more than 100 children 2-/: years or less of age, where the rooms in which the children are cared for are located on a level of exit discharge serving such rooms and each of these child care rooms has an exit door directly to the exterior, shall be classified as Group E. We are aware of the requirement and while we can certainly understand the intent of the law, both our firm and our client have severe reservations about the application of this requirement on this particular site. The new facility is right along a major thoroughfare and will eventually be adjoined by retail development. In our professional opinion, having egress doors (easy enough for a toddler to open) opening Into a parking lot along FM 1103 poses a great risk to the children. We are certainly sensitive to the life safety Issues of this code and have thought this through in our design of the entire building. All classrooms have large operable windows with sills approximately 12" off the floor (see below). A R C H I T E C T U R E 0.0' 3' • 0' �' 3' • 0' TYPE: FIXED AND SLIDER, SEE ABV. W -A FRAME: MILGARD, RER SPECS GLASS: MILGARD,REF, SPECS In the event of an emergency, children (and adults) would be able to exit the building safely from any classroom, however the controls for these windows are not operable by toddlers. While we understand that our current design does not meet the letter of the code, we are confident we are providing a solution with comparable protection and regard to life safety without the additional risk of a child running Into the parking lot or state highway. We understand the final approval must come from city council, however we hereby formally request staff and fire chief support of the modification to the building code requirement and approval of the alternative solution provided. Please do not hesitate to call or e-mail me should you have any questions or concerns with this request. AaroAIA ,AIA- aaron.dahl(@acuform.com Cc: Roger Niemietz Lee Perry Lisa Gonzalez Klein, Rudy From: Klein, Rudy Sent: Thursday, June 09, 2016 3:38 PM To: 'Aaron Dahl' Cc: Niemietz, Roger; Perry, Lee; Gonzalez, Lisa; Rhonda Williams; Shawn Willis; Rodrigo Rivera Subject: RE: Brighter Futures Learning Center FM 1103 / Code Modification Request Aaron, Staff has discussed the letter you submitted regarding a modification the section of the building code that requires each room in a day care facility, providing care to more than 5 and less than 100 children 2-1/2 years old, to include an exit door directly to the exterior. Your concern is that having egress doors (easy enough for a toddler to open) opening into a parking lot along FM 1103 poses a great risk to the children. Your proposal is to have large operable windows with sills approximately 12" off the floor in all classrooms. We concur with your concern for the safety of the children and therefore approve your proposed use of the window in lieu of the exterior door for the one class room use for the children 2-1/2 years old. Please let me know if you have any questions concerning this matter. Thank you. Rudy Klein Rudolph F. Klein IV, P.E. Director of Planning and Engineering City of Cibolo PO Box 826/200 S. Main Street Cibolo, UX 78108 Office: (210) 658-9900 x 3139 rkleinOcibolotx.gov "City of Choice" CONFIDENTIALITY NOTICE The Electronic Conununications Privacy Act, 18 U.S.C. $§2510-2521, covers this electronic message. This Iransmission is intended for the individual of entity to which it is addressed, and nary be information that is PRIVILEGED & CONFIDENTIAL. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and have received this infornIDtion in error, you are hereby notified that any dissenahmtion, distribution, or copying of (his communications is prohibited. If you have received this communication in error, please notify as inunediately by replying to the message and deleting it frmn your computer. From: Aaron Dahl [mailto:aaron.dahl@acuform.com] Sent: Thursday, June 09, 2016 2:34 PM To: Klein, Rudy Cc: Niemietz, Roger; Perry, Lee; Gonzalez, Lisa; Rhonda Williams; Shawn Willis; Rodrigo Rivera Subject: Re: Brighter Futures Learning Center FM 1103 / Code Modification Request Rudy: Can you please let me know where we stand with this code modification request? We're all ready to move forward with construction as soon as we have the approvals in place. Thanks, Aaron Dahl, AIA I Principal 10223 McAllister Fwy I Ste 2051 San Antonio, TX 78216 tel (210) 829.1600 1 mobile (210) 386.0960 web I map I Facebook I Twitter I Unkedln On Mon, May 23, 2016 at 4:39 PM, Aaron Dahl <aaron.dahl anacuform.com> wrote: — --- - -- Rudy: Pursuant to our discussion today, please see the attached formal written request for a code modification regarding the requirement for egress doors from the toddler classrooms. Please do not hesitate to call me should you or the Fire Chief have any further questions or concerns about this. Respectfully, Aaron Dahl, AIA I Principal 10223 McAllister Fwy I Ste 2061 San Antonio, TX 78216 tel 12101 8294 600 1 mobile 12101386-096 web I map I Facebook I Twitter I Llnkedin 6-(MChKCF.,r Nil. yam' BRIGHTER FUTURES LEARNING CENTER 1213 Bor9feld Road 5chertz, Texas 78154 (210) 566-1999 ph - (210) 569-5115 fax June 24, 2016 RE: Windows to Replace Fire Doors Dear Mr. Rudy Klein: Thank you for speaking with me with regard to my concern with the fire doors in the three classrooms. As you can see, children's safety is a top priority for the construction of our building. We want not only the parents to feel at ease when they drop their children off with us for the day, but also we want to reduce the stress for our employees. The profession of a caregiver in a licensed center is a stressful position as they must be multi-taskers to stay in control of a classroom of multiple children, be proactive in the prevention of injuries such as biting, hitting, throwing of toys, changing diapers, potty training of multiple children, setting up curriculum and meals, etc. Little people are fast and always going in all different directions during the day. By having a door in a classroom that can easily be pushed open by a child is a huge safety issue for not just the child in the act, but for all of the children in that classroom. Each child must be in constant supervision of a caregiver at all times compared to a child in an elementary school and up who can walk down the hall unsupervised. If those doors were mandatory for our new center and if a child were to run out of the door onto the playground or parking lot, that teacher would have to go into emergency mood and get all of her children in the classroom to go with her onto the playground or parking lot in order to retrieve that one child. What if she is in the middle of changing a diaper? Or multiple children followed that child? You are looking at a few minutes that this child(ren) is alone on the playground or parking lot. Each time that a child is left alone, we are required to file a report to childcare licensing which initiates an investigation by one of their representatives. We are very proud to say we have had 0 deficiencies with childcare licensing for three (3) years now. This would not only worry parents about children escaping from the classrooms and put stress on our staff worrying if children access that door when their backs are turned, but this would definitely give us a negative reputation affecting our success due to repetitive deficiencies for children being left alone. And you asked me yesterday --Is it my understanding that there are two teachers in these rooms? Yes, these rooms are currently designed for there to be two teachers during "peak attendance times each day" in a classroom, But all three of these classrooms are a one -teacher -classroom on a daily basis as well. Regardless of there being one or two teachers, childcare licensing requires a maximum child -to - caregiver ratio. This means that one teacher could not be left alone with the entire classroom in order for the other teacher to go alone onto the playground or parking lot to retrieve the runaway child. I understand that there are codes that the city has to abide by, just as I have rules that childcare licensing places on us to abide by. But the safety of children need to be put first in this scenario. The Pagel of 2 Brighter Futures Learning Center RE; Windows to Replace Fire Doors windows that we recommend in place of the fire doors are a better solution for our center as they are for both emergency exiting and emergency entering from the exterior of the building. If you require us to put the fire doors in, then it is my understanding that door hardware is not required on the exterior of the doors. Therefore, emergency personnel will choose the fastest way to enter those classrooms which is breaking through our windows, not taking more time to pry through a metal door that will take minutes. Our current childcare center is located at 1213 Borgfeld Rd, in Schertz. We built this location from the ground up in 2008 and then began the expansion in 2011. You are welcome to visit our center to see that the windows are a better solution in place of the fire doors as they serve as an emergency exit and emergency entrance from the exterior of the building. My husband and I went into this career and this business to provide the best care for our community children. We want to continue to meet those expectations of our parents. I pray that you understand the severity of our concerns and approve our request. Should you have any questions or need further explanation, please feel free to contact ane on my cell at (210) 705-1179. Sincerely, WA Rhonda Williams, Owner 6-iuc-P,gc,-;r Nu.(o BRIGHTER FUTURES LEARNING CENTER 1213 6orgfeld Road Schertz, Texas 78154 (210) 566-1999 ph - (210) 569-5115 fax September 6, 2016 RE: Building Variance Request Dear Mayor Allen Dunn and City Council: I would like to request for a building variance with regard to my concern with the fire doors in the three classrooms. Children's safety is a top priority for the construction of our building. We want not only the parents to feel at ease when they drop their children off with us for the day, but also we want to reduce the stress for our employees. The profession of a caregiver in a licensed center is a stressful position as they must be multi-taskers to stay in control of a classroom of multiple children, be proactive in the prevention of injuries such as biting, hitting, throwing of toys, changing diapers, potty training of multiple children, setting up curriculum and meals, etc. Little people are fast and always going in all different directions during the day. By having a door in a classroom that can easily be pushed open by a child is a huge safety issue for not just the child in the act, but for all of the children in that classroom. Each child must be in constant supervision of a caregiver at all times compared to a child in an elementary school and up who can walk down the hall unsupervised. If those doors were mandatory for our new center and if a child were to run out of the door onto the playground or parking lot, that teacher would have to go into emergency mood and get all of her children in the classroom to go with her onto the playground or parking lot in order to retrieve that one child. What if she is in the middle of changing a diaper? Or multiple children followed that child? You are looking at a few minutes that this children) is alone on the playground or panting lot. Each time that a child is left alone, we are required to file a report to childcare licensing which initiates an investigation by one of their representatives. We are very proud to say we have had 0 deficiencies with childcare licensing for three (3) years now. This would not only worry parents about children escaping from the classrooms and put stress o0 our staff worrying if children access that door when their backs are turned, but this would definitely give us a negative reputation affecting our success due to repetitive deficiencies for children being left alone. I understand that there are codes that the city has to abide by, just as I have rules that childcare licensing places on us to abide by. But the safety of children need to be put first in this scenario. The windows that we recommend in place of the fire doors are a better solution for our center as they are for both emergency exiting and emergency entering from the exterior of the building. If the City requires us to put the fire doors in, then it is my understanding that door hardware is not required on the exterior of the doors. Therefore, emergency personnel will choose the fastest way to enter those classrooms which is breaking through our windows, not taking more time to pry through a metal door that will take minutes. Page 1 of 2 Brighter Futures Learning Center RE: Windows to Replace Fire Doors Our current childcare center is located at 1213 Borgfeld Rd. in Schertz. We built this location from the ground up in 2008 and then began the expansion in 2011. You all are welcome to visit our center to see that the windows are a better solution in place of the fire doors as they serve as an emergency exit and emergency entrance from the exterior of the building. My husband and I went into this career and this business to provide the best care for our community children. We want to continue to meet those expectations of our parents. I pray that you understand the severity of our concerns and approve our request. Should you have any questions or need further explanation, please feel free to contact me on my cell at (210) 705-1179. Sincerely, WA Rhonda Williams, Owner CODE MODIFICATION REQUEST 10223 McAllister Fwy. Ste 205 San Antonio, Texas 78216 210 829 1600 P. May 23, 2016 Rudy Klein Cibolo Engineer 200 S. Main Street Cibolo, Texas 78108 Re: Brighter Futures Learning Center 2175 FM 1103, Cibolo, Texas 78108 Dear Rudy: Our office is in receipt of the plan review comments from Reed Fire Protection Engineering - the engineering firm contracted by the City of Cibolo for plan reviews. The plan review process has resulted in a denial comment regarding the following section of the 2012 International Building Code. 308.6.1 Classification as Group E. A child day care facility that provides care for more than five but not more than 100 children 2-% years or less of age, where the rooms in which the children are cared for are located on a level of exit discharge serving such rooms and each of these child care rooms has an exit door directly to the exterior, shall be classified as Group E. We are aware of the requirement and while we can certainly understand the intent of the law, both our firm and our client have severe reservations about the application of this requirement on this particular site. The new facility is right along a major thoroughfare and will eventually be adjoined by retail development. In our professional opinion, having egress doors (easy enough for a toddler to open) opening into a parking lot along FM 1103 poses a great risk to the children. We are certainly sensitive to the life safety issues of this code and have thought this through in our design of the entire building. All classrooms have large operable windows with sills approximately 12" off the floor (see below). A R C H I T E C T U R E 9.0' 3'- 0' 1. 3-01 TYPE: FIXED AND SLIDER, SEE ABV, W4 FRAME: MILGARD, REF, SPECS GLASS: MILGARD, REF. SPECS In the event of an emergency, children (and adults) would be able to exit the building safely from any classroom, however the controls for these windows are not operable by toddlers. While we understand that our current design does not meet the letter of the code, we are confident we are providing a solution with comparable protection and regard to life safety without the additional risk of a child running Into the parking lot or state highway. We understand the final approval must come from city council, however we hereby formally request staff and fire chief support of the modification to the building code requirement and approval of the alternative solution provided. Please do not hesitate to call or e-mail me should you have any questions or concerns with this request. A,4IA- aaron.dahiftacuform.com Cc: Roger Nlemietz Lee Perry Lisa Gonzalez Ei 10 0 to 0 XL 0 )I 0901,._ I u. A> I N V o S� © a coo —__e1. w Wh _W_ � AD AD 0B .n 0.• u 0 0 00 © o o ._o 0006�"0 00 0 00 0000000000©©00000000000000 } E? i € 9 '��` A..ic }: F fi } t} P F }' } 5 k G i S 4 p o c k S}� }• e 9u � • Onees e y y 6 � 3� sfn� a �v_ t6a 't 9�xd � e r 8Cb a� 'Y V _ 1 BRIGHTER FUTURES LEARNING CENTER II I i r e 2175FMl]03aBOLCQTM%783Y3 u e©t© .00 o OHNE@ I�Nas�y O' lite 00 v °'•* 00e 8 e. C 6t 152. H.(r8 3. A f�ss�s a G f e G' OO �O�_6 a 0. 13ft7 0 IAS 0006�"0 00 0 00 0000000000©©00000000000000 } E? i € 9 '��` A..ic }: F fi } t} P F }' } 5 k G i S 4 p o c k S}� }• e 9u � • Onees e y y 6 � 3� sfn� a �v_ t6a 't 9�xd � e r 8Cb a� 'Y V _ 1 BRIGHTER FUTURES LEARNING CENTER II I i r e 2175FMl]03aBOLCQTM%783Y3 u * 1 Wo TAVIE MURPHY GUADALUPE COUNTY TAX ASSESSOR COLLECTOR P.O. BOX 70 307 W COURT ST. SEGUIN TEXAS 78156.0070 (830) 379-2315 (830) 303-3421 * PAX (830) 372-9940 October3, 2016 TO ALL TAXING JURISDICTIONS: Enclosed is Tax Roll Totals for 2016. This report needs to be approved by the governing body at a regular meeting and a copy returned to the tax office. Enclosed also is a statement for charges for the processing of the 2016 Tax Year. Thank you for all your help. Anything we can do to help you, please let us know. Sincerely, Tavie Murphy, PCC Guadalupe County Tax Assessor/Collector \ a | \ ) k\\\�\ ) aRR % £aR /)§ e � )§ p&!J �J$)) \\)\# { � /\§ | \ ) Assessment Roll Grand Totals Report (+) GUADALUPE Tax Year: 2016 As of: Supplement 21 Total Homestead Cap Adjustment (I 112) $0 _- _ (-) _ $9,326,334 CCI -City Of Cibolo (DP) Disabled Persons State (193) (•) $40,492,753 Number of Properties: 10603 Land Totals $17,857,881 (DVXfMAS) Disabled Vet 100% (565) Total Productivity Markel (Non Exempt) (*) Land-Homesite (+) $159,861,698 (-) $454,044 Land- Non Homesite (+) $139,239,862 $0 Land - Ag Market (+) $45,050,128 $44,696,084 Land -Timber Market (+) $0 Total Assessed Land- Exempt Agffimber Market (+) $2,034,525 (HS Assd 1,323,776,465) Total Land Market Value (_) $346,186,213 (+j $346,186,213 Improvement Totals (+) $0 Improvements-Homesite (+) $1,176,138,942 Improvements - Non Homesite (+) $516,468,177 Total Improvements (_) $1,692,607,119 (+) $1,692,607,119 Other Totals Personal Property (276) $114,271,296 (+) $114,271,296 Minerals (0) $0 (+) $0 Autos (0) _ $0 (+) $0 Total Market Value (+) (_) $2,163,064,628 $2,153,064,626 Total Homestead Cap Adjustment (I 112) $0 _- _ (-) _ $9,326,334 Total Exempt Property (123) (DP) Disabled Persons State (193) (•) $40,492,753 Productivity Totals (+) $17,857,881 (DVXfMAS) Disabled Vet 100% (565) Total Productivity Markel (Non Exempt) (*) $45,050,128 (+) Ag Use (152) (-) $454,044 $301,315 $5.317 $166,612,141 (-) $168,612,141 Timber Use (0) (-) $0 Total Productivity Loss (_) $44,596,084 (-) $44,696,084 (_) $2,058,647,457 Total Assessed Exemptions (HS Assd 1,323,776,465) (HS) Homestead Local (6165) (+) $0 irlm Hnmeslead State (6165) (+) $0 (065) Over 65 Local (1056) (+) $4,649,940 (065) Over 65 State (1056) (+) $0 (DP) Disabled Persons Local (193) (+) $752,500 (DP) Disabled Persons State (193) (+) $0 (DV) Disabled Vet (1644) (+) $17,857,881 (DVXfMAS) Disabled Vet 100% (565) (+) $138,700,392 ., (PRO) Prorated Exempt Property (54) (+) $6,344,796 (SOL) Solar (20) (HB366) House Dill 366 (16) Total Exemptions (+) (+) (_) $301,315 $5.317 $166,612,141 (-) $168,612,141 Not Taxable (Before Freeze) H $1,890,035,316 9 1 3 I_ Page 1 of 24 Printed on 09127!2016 at 9:04 AM 9 Assessment Roll Grand Totals Report GUADALUPE Tax Year: 2016 Asof: Supplement2l """" 065 Freeze Totals _ Freeze Assessed $196,568,326 Freeze Taxable $169,703,925 Freeze Ceiling (1027) $566,930.34 "" 065 Transfer Totals Transfer Assessed $0 Transfer Taxable $0 Post -Percent Taxable $0 Transfer Adjustment (0) $0 .. Freeze Adjusted Taxable (Net Taxable - Freeze Taxable -Transfer Adjustment) (_) $1,720,331,391 """ nP Frcara Tnta is Freeze Assessed $31,545,036 Freeze Taxable $21,939,048 Freeze Gelling (183) $82,281.55 """ DP Transfer Totals Transfer Assessed $0 Transfer Taxable $0 Past -Percent Taxable $0 - Transfer Adjustment (0) $0 Freeze Adjusted Taxable (Net Taxable -Freeze Taxable- Transfer Adjustment) (_) $1,698,392,343 Printed on 09/27/2016 at 9:04 AM Page -2of 24 1 W O N W - P Q° 0 C c m C 3 03 00� X30 �CDclo co nH N y y O (O p < O I O4> C J O W 0.3 a <D3 4.3 00 c �n �n 3 < CD < D N 7 O N n N O W 0 303 Q-0 Q � (Q N P R° vi N to fl A � (^ (p O g m iii 3 0 3 m (a 3 p, m n n _0 m 3 (. 7 � V C _ (C) O W P � N 03 1 N T D m O 3 Q N V O 0 O N O N N N co 9 w V • V 3 0 S n O C J ❑ P N N W a rho * $ice\0 P` # T'e XnP 5 "City of Choice' City Council Meeting Date: October 11, 2016 From: Rudolph F. Klein IV, P.E., Director of Planning & Engineering Subject: Annexation Petitions Area 1 Applicant: Ashly Chavez Owner: Jane Fischer Location (Exhibit A): Approx. 39 acres, west of Haeckerville Rd. between Lower Seguin Rd & Bolton Rd Council District: 2 Area 2 Applicant: HMT Engineering & Surveying, by Chris Crim, P.E. Owner: J & L Highway Venture LLC., by Gerri Nash Mott Location (Exhibit A): Approx. 4 acres, west IH 10 Frontage & east of Santa Clara Rd Council District: 7 Attachments: Annexation Ordinances The City Council and Planning & Zoning Commission held public hearings on September 13, 2016 and September 14, 2016, respectively, to hear public testimony concerning the voluntary annexation of approximately 43 acres located within Exhibit A, as Area 1 and Area 2. In anticipation of the annexation the Planning & Zoning Commission and City Council will hold public hearings on September 14, 2016 and October 11, 2016, respectively, to hear public testimony concerning assignment of permanent zoning as follows: • Area 1 1 ac. Manufactured Housing (MH -1) & 38 ac. Agricultural (AG) per UDC 4.4.9 • Area 2 4 ac. General Commercial (C-4) Staff was approached by the owners of Area 1 and Area 2 to change the current uses on the land to allow uses permitted within the above zoning requests. The property owner's and Staff have worked together to continue development as we process each applicant's petition for voluntary annexation (per the Non -Annexation Agreement), permanent zoning to allow requested uses and the review on submitted Minor Development Plats. Annexation notice was published within the local paper and public entities were notified. City Council Action: 1. Approve the proposed Annexation Ordinances for the following: • Approximately 4 ac. located along the westbound IH -10 frontage and east of Santa Clara Rd • Approximately 39 ac, west side of Haeckerville Rd between Lower Seguin Rd and Bolton Rd Rudt1ph rKlein IV, P.E. Din ;tbor of Planning & Engineering Rklelnrcaclbolotx. gov 210-658-9900 x 3139 Lisa Gonz1xf15z I City Planner I✓ LgonzalezCocibolotx.gov 210-658-9900 x 3141 Exhibit A — Defined Areas of Annexation Sylnbololly nl u..-...�—'4"` �PulenllulfirrwxlUmrfUee� �i , r _ ._yam II � parslBamderly ``. Clbole City Lill Ot II =wmennewferl Al eemeris r II CIMItEW 11 �I _2.1''9 If II �Mdn H R ii A �Mdrr �Y4 ..H.o-aei �hRRF+'. :.iv .Llm[v.c!IRaslreS.e.w MI w��. ill o oar ns fit. �; VI�' rA.m�FiTrY�W II I .CI^ r• l . 11 '•,, y'" I a �i.a.ml I M WW { Ll 'Iv.me.... n lr.ov.er C r � 5GjlMgEl<El, _ AREA 7 '' x ; A53 ii llu.e/u v # V.. o r; I 6 e BOL7014 LYlI`�Ym it I . � e �• I�.wi, U I III _ .. - r.+ � � v .. _ ^rye � C Irfr',•i' Ci 9� '0 `t 1 ORDINANCE NO. PROVIDING FOR THE VOLUNTARY EXTENSION OF THE CIBOLO, TEXAS CITY LIMITS BY THE ANNEXATION OF A TRACT OF LAND THAT CONTAINS AN AREA OF APPROXIMATELY 4 ACRES, AS DEPICTED HEREIN AS THE ANNEXATION AREA 2, GENERALLY LOCATED ALONG THE WESTBOUND IH -10 FRONTAGE AND IMMEDIATELY EAST OF SANTA CLARA ROAD IN THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR SUCH AREA TO BE ANNEXED; AND AMENDING THE OFFICIAL CITY LIMITS/ETJ MAP OF THE CITY OF CIBOLO TO REFLECT THE VOLUNTARY ANNEXATION OF THE PROPERTIES DESCRIBED HEREIN. WHEREAS, Texas Local Government Code section 43.021 authorizes the City of Cibolo, as a home -rule municipality, to extend its City limit boundaries through the annexation of area adjacent to those boundaries; and WHEREAS, section 1.03 of the City Charter of the City of Cibolo provides that the City Council has authority by ordinance to fix the City limit boundaries, provide for the alteration and extension of said boundaries, and annex additional territory lying adjacent to said boundaries in any manner provided by law; and WHEREAS, Texas Local Government Code section 43.052(h)(1) provides that an area proposed for annexation containing fewer than one hundred (100) separate tracts of land on which one or more residential dwellings are located on each tract is exempted from the state law requirement that an area proposed for annexation fust be identified in an annexation plan; and WHEREAS, the areas described herein contain fewer than one hundred (100) separate tracts of land on which one or more residential dwellings are located on each tract and are, therefore, exempted from the above-described annexation plan requirement; and WHEREAS, the owner of the said properties, of his own free will and accord, did voluntarily request that the City of Cibolo incorporate the approximate 4 acres described herein into the municipal boundaries of the City of Cibolo; and WHEREAS, the City Council of the City of Cibolo, Texas and the Planning and Zoning Commission held public hearings on the 13`h day of September 2016, and the 14`x' day of September 2016, respectively, each on the proposed annexation of approximately 4 acres along the westbound IH -10 frontage and immediately east of Santa Clara Road. (Area 2), situated outside of, but immediately adjacent to the current corporate limits of the City of Cibolo, Texas and such public hearings gave all interested persons the right to appear and be heard on the proposed annexation of such land; and WHEREAS, notice of the above referenced public hearings was published in The Seguin Gazette on August 28, 2016 and August 30, 2016, a newspaper having general circulation in the City of Cibolo, Texas and within the territory to be annexed, in accordance with law; and WHEREAS, the proposed service plan was made available for public inspection and explained to the inhabitants of the area at the public hearings held; and WHEREAS, the aforementioned public hearings were conducted not more that forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and WHEREAS, the population of the City of Cibolo, Texas is in excess of approximately 27,000 inhabitants, and the area to be annexed lies within the extraterritorial jurisdiction of the City of Cibolo, Texas, and lies adjacent to and adjoins the City of Cibolo, Texas. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1. The land and territory lying outside of, but adjacent to and adjoining the City of Cibolo, Texas, more particularly described in Exhibits `A' and `B', attached hereto and incorporated herein by reference, is hereby added and annexed to the City of Cibolo, Texas, and said territory, as described, shall hereafter be included within the boundary limits of said City, and the present boundary limits of said City, at the various points contiguous to the area described in Exhibits `A' and `B', are altered and amended so as to include said areas within the corporate limits of the City of Cibolo, Texas. SECTION 2. The land and territory comprising approximately 4 acres; more particularly described as the annexation area on Exhibits `A' and `B', are attached hereto and incorporated herein by reference, shall be part of the City of Cibolo, Texas and inhabitants thereof shall be entitled to all of the rights and privileges as citizens and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Cibolo, Texas. SECTION 3. A service plan outlining the provisions of necessary municipal service to the properties described in Exhibit `C' is hereby approved and the implementation of said plan is hereby authorized. Such plan is attached hereto and incorporated herein as Exhibit `C'. SECTION 4. The official City Limits/ETJ Map of the City of Cibolo shall be amended, as depicted in Exhibit `D', as attached hereto, to reflect the annexation of the subject properties. Such map is attached hereto and incorporated herein as Exhibit `D'. SECTION 5. The Land and Territory that is the subject of this Ordinance, upon annexation shall be located in City Council District 7, as shown by the map of City Council Districts attached hereto and incorporated herein as Exhibit `E'. SECTION 6. 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. SECTION 7. This ordinance shall be effective immediately from and after passage PASSED AND APPROVED this, the 11'x' day of October, 2016. Allen Dunn, Mayor ATTEST: Peggy Cimics, City Secretary EXHIBIT A ANNEXATION AREA METES & BOUNDS DESCRIPTION BEING 4.021 ACRES OF LAND, MORE OR LESS, OUT OF THE GUADALUPE TORRES SURVEY NO. 69, ABSTRACT 313, GUADALUPE COUNTY, TEXAS AND BEING COMPRISED OF A ONE ACRE TRACT DESCRIBED AS "TRACT I" AND 3 ACRES, DESCRIBED AS "TRACT II" IN VOLUME 2017, PAGE 835 OF THE OFFICIAL RECORDS OF GUADALUPE COUNTY, TEXAS. E T - T L r UJ z 6'E n l :;YE a, E r L LrLUL1 n INTERSTATE HIGHWAY 10 _HEST ACCESS ROAD_ `i _L - ' E T - 7 T F, E T t I f+ E ' 3 EXHIBIT B ANNEXATION AREA METES & BOUNDS DESCRIPTION (Mapped) 1 1-1 Ul I Symbology w Pt..0.1 Arms..U.. A.. Parcel Boundaries U II Mots CRY 1.1111tS x NGM,artnexaflon Agreements Y MOO IETJ ln�rsla� AiII 9 II II Z' L 11 1 L JI SGHMOE f It AREA I II ,j >it it if FT i BOLTON AREA 2 w I61 n 0 4 EXHIBIT C 2016 ANNEXATION PROGRAM CITY OF CIBOLO, TEXAS Upon annexation of the area identified above the City of Cibolo will provide City services utilizing methods by which it extends services to any other equivalent area of the City. SERVICES PROVIDED BY THE EFFECTIVE DATE OF ANNEXATION Police Protection The City of Cibolo, Texas and its Police Department will provide police protection to newly annexed areas at the same or similar level of service now being provided to other areas of the City with like topography, land use and population density as those found within the newly annexed areas. The Police Department will have the responsibility to respond to all dispatched calls for service or assistance within the newly annexed areas. 2. Fire Protection and Emer¢ency Medical Services The City of Cibolo, Texas and its Fire Department, and the Cibolo Volunteer Fire Department, will provide fire protection to newly annexed areas at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed areas. The City of Cibolo, Texas contracts with the City of Schertz for EMS services and will provide EMS services through that contract to newly annexed areas at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed areas. 3. Maintenance of Water and Wastewater Facilities All of the newly annexed property is within the water and wastewater service areas of Green Valley SUD. The City of Cibolo does not own or maintain water or wastewater facilities in the annexation area at the time of the proposed annexation. The Green Valley SUD does not own or maintain wastewater facilities in the annexation area at the time of the proposed annexation. Any existing GVSUD facilities that may happen to be present in the annexation area shall continue to be maintained by GVSUD. Any water or wastewater facilities that may be dedicated to, or acquired by, the City of Cibolo, subsequent to the proposed annexation, shall be maintained by the City of Cibolo at such time as said utilities are accepted by the City of Cibolo. Existing water and wastewater facilities owned by the City of Cibolo outside of the annexation area shall be available for the point of use extension based upon the City of Cibolo standard extension policies in the Cibolo UDC, as may be amended, and action by the City Council. 4. Solid Waste Collection The City of Cibolo, Texas contracts for the collection of solid waste and refuse within the corporate limits of the City with Bexar Waste. Solid waste collection will be provided to citizens in the newly annexed areas at the same or similar level of service now being provided to other areas of the City with like topography, land use and density as those found within the newly annexed areas. The City may negotiate with annexed areas to allow continued services with an existing solid waste management provider. After the second anniversary of the annexation date, the City will impose fees and provide the service. If areas with private roads and/or gates are arranged so that garbage may be collected without creating a safety hazard, the City, at its discretion, may collect the garbage provided proper indemnification is received from the community association or individual property owners. The City will then impose fees and provide the service. Garbage collection locations shall be subject to the approval of the Sanitation Manager. In the event the City does not collect garbage within the areas with private roads and/or gates, residents of these areas will not be billed for service after the two-year date. 5. Maintenance of Roads and Streets Any and all public roads, streets or alleyways shall be maintained to the same degree and extent that other public roads, streets, and alleyways are maintained in areas of the City with like topography, land use and density as those found within the newly annexed areas. Private roads will remain under the ownership of the homeowners association and as such maintained by the association. 6. Maintenance of Parks, Plavgromrds, and Swimming Pools The City of Cibolo, Texas is not aware of the existence of any publicly owned parks, playgrounds or swimming pools now located in the proposed areas of annexation. In the event any such parks, playgrounds, or swimming pools do exist and are public facilities, the City will maintain such areas and facilities to the extent and degree and to the same or similar level of service now being provided to other such areas and facilities within the corporate limits of the City with like topography, land use and density as those found within the newly annexed areas. Private facilities will remain under the ownership of the homeowners association and as such maintained by the association. Maintenance of any Publicly owned Facility, Building or Municipal Service The City of Cibolo, Texas is not aware of the existence of any publicly owned facility, building, or other municipal service now located in the proposed areas of annexation. In the event any publicly owned facility, building, or other municipal service does exist and are public facilities, the City will maintain such areas and facilities to the extent and degree and to the same or similar level of service now being provided to other such areas and facilities within the corporate limits of the City with like topography, land use and density as those found within the newly annexed areas. 8. Other Services The City of Cibolo, Texas finds and determines that such services as planning, code enforcement, animal control, library, parks and recreation, court and general administration will be made available after the effective date of annexation at the same or similar level of service now being provided to other areas of the City with similar topography, land use and density as those found within the newly annexed areas. OF ANY CAPITAL IMPROVEMENTS TO BE COMPLETED WITHIN 2'/� YEARS 1. Police and Fire Protection and Solid Waste Collection The City of Cibolo, Texas, finds and determines that it is not necessary to acquire or construct any capital improvements within 2 '/ years of the effective date of the annexation of the particular annexed areas for the purpose of providing police protection, fire protection, emergency medical services or solid waste collection. The City finds and determines that it has at the present time adequate facilities and other resources to provide the same type, kind and level of service and protection which is presently being administered to other areas already incorporated in the City of Cibolo, Texas with like topography, land use and population density as those found within the newly annexed areas. 2. Water/Wastewater Facilities The City of Cibolo, Texas, finds and determines it may acquire and/or construct capital improvements within 2 %: years of the effective date of the annexation of the particular annexed areas being annexed. Roads and Streets The City of Cibolo, Texas, finds and determines it is not necessary to acquire or construct any capital improvements within 2 % years of the effective date of the annexation of the particular annexed areas. 4. Maintenance of Parks, Playgrounds, and Swimming Pools and Any Other Publicly Owned Facility, Building, or Service The City of Cibolo, Texas, finds and determines it is not necessary to acquire or construct any capital improvements within 2 % years of the effective date of the annexation of the particular annexed areas for the purpose of parks maintenance, playgrounds, swimming pools and other publicly owned facility, building or service. Maintenance of Current Septic System Any resident who currently utilizes a septic system to manage wastewater shall be entitled to continue said system except for the following: Should a septic system located within 500 -feet of an existing sewer main fail to the point where repair/replace costs will exceed the cost of tying onto the said existing sewer main, the property owner shall be required to connect to the sewer system. SPECIFIC FINDINGS The City of Cibolo, Texas, finds and determines that this proposed service plan will not provide any fewer services and will not provide a lower level of service in the areas being considered for annexation that were in existence in the proposed areas at the time immediately preceding the annexation process. Given the proposed annexation areas' topography, land utilization and population density, the service levels to be provided in the newly annexed areas will be equivalent to those provided to other areas of the City with similar characteristics. TERMS This plan shall be valid for a term of ten (10) years. Renewal of the Service Plan is at the discretion of the City of Cibolo. LEVEL OF SERVICE Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with Chapter 43 of the Texas Local Government Code. EXHIBIT D UPDATED CITY LIMITS/ETJ MAP CITY OF CIBOLO, TEXAS mr-�- ar ' CmOfcmOLO OVERALL ANNEXATION MAP 8 EXHIBIT E CITY COUNCIL SINGLE MEMBER VOTING DISTRICT MAP CITY OF CIBOLO, TEXAS A_ 5 - 3 4 { 2 7 ._.. - °` `'eo Council Districts r City of Cibolo 9 F cit I •t nnn0 nmun. _O C x A S ORDINANCE NO. PROVIDING FOR THE VOLUNTARY EXTENSION OF THE CIBOLO, TEXAS CITY LIMITS BY THE ANNEXATION OF A TRACT OF LAND THAT CONTAINS AN AREA OF APPROXIMATELY 39 ACRES, AS DEPICTED HEREIN AS THE ANNEXATION AREA 1, GENERALLY LOCATED ALONG THE WEST SIDE OF IIAECKERVILLE ROAD BETWEEN LOWER SEGUIN ROAD AND BOLTON ROAD IN THE CITY OF CIBOLO, GUADALUPE COUNTY, TEXAS; APPROVING A SERVICE PLAN FOR SUCH AREA TO BE ANNEXED; AND AMENDING THE OFFICIAL CITY LIMITSAETJ MAP OF THE CITY OF CIBOLO TO REFLECT THE VOLUNTARY ANNEXATION OF THE PROPERTIES DESCRIBED HEREIN. WHEREAS, Texas Local Government Code section 43.021 authorizes the City of Cibolo, as a home -rule municipality, to extend its City limit boundaries through the annexation of area adjacent to those boundaries; and WHEREAS, section 1.03 of the City Charter of the City of Cibolo provides that the City Council has authority by ordinance to fix the City limit boundaries, provide for the alteration and extension of said boundaries, and annex additional territory lying adjacent to said boundaries in any manner provided by law; and WHEREAS, Texas Local Government Code section 43.052(h)(1) provides that an area proposed for annexation containing fewer than one hundred (100) separate tracts of land on which one or more residential dwellings are located on each tract is exempted from the state law requirement that an area proposed for annexation first be identified in an annexation plan; and WHEREAS, the areas described herein contain fewer than one hundred (100) separate tracts of land on which one or more residential dwellings are located on each tract and are, therefore, exempted from the above-described annexation plan requirement; and WHEREAS, the owner of the said properties, of her own free will and accord, did voluntarily request that the City of Cibolo incorporate the approximate 39 acres described herein into the municipal boundaries of the City of Cibolo; and WHEREAS, the City Council of the City of Cibolo, Texas and the Planning and Zoning Commission held public hearings on the 131' day of September 2016, and the 14th day of September 2016, respectively, each on the proposed annexation of approximately 39 acres along the west side of Haeckerville Road between Lower Seguin Road and Bolton Road (Area 1), situated outside of, but immediately adjacent to the current corporate limits of the City of Cibolo, Texas and such public hearings gave all interested persons the right to appear and be heard on the proposed annexation of such land; and WHEREAS, notice of the above referenced public hearings was published in The Seguin Gazette on August 28, 2016 and August 30, 2016, a newspaper having general circulation in the City of Cibolo, Texas and within the territory to be annexed, in accordance with law; and WHEREAS, the proposed service plan was made available for public inspection and explained to the inhabitants of the area at the public hearings held; and WHEREAS, the aforementioned public hearings were conducted not more that forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and WHEREAS, the population of the City of Cibolo, Texas is in excess of approximately 27,000 inhabitants, and the area to be annexed lies within the extraterritorial jurisdiction of the City of Cibolo, Texas, and lies adjacent to and adjoins the City of Cibolo, Texas. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1. The land and territory lying outside of, but adjacent to and adjoining the City of Cibolo, Texas, more particularly described in Exhibits `A' and B', attached hereto and incorporated herein by reference, is hereby added and annexed to the City of Cibolo, Texas, and said territory, as described, shall hereafter be included within the boundary limits of said City, and the present boundary limits of said City, at the various points contiguous to the area described in Exhibits `A' and `B', are altered and amended so as to include said areas within the corporate limits of the City of Cibolo, Texas. SECTION 2. The land and territory comprising approximately 39 acres; more particularly described as the annexation area on Exhibits `A' and `B', are attached hereto and incorporated herein by reference, shall be part of the City of Cibolo, Texas and inhabitants thereof shall be entitled to all of the rights and privileges as citizens and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Cibolo, Texas. SECTION 3. A service plan outlining the provisions of necessary municipal service to the properties described in Exhibit `C' is hereby approved and the implementation of said plan is hereby authorized. Such plan is attached hereto and incorporated herein as Exhibit `C'. SECTION 4. The official City Limits/ETJ Map of the City of Cibolo shall be amended, as depicted in Exhibit `D', as attached hereto, to reflect the annexation of the subject properties. Such map is attached hereto and incorporated herein as Exhibit `D'. SECTION 5. The Land and Territory that is the subject of this Ordinance, upon annexation shall be located in City Council District 2, as shown by the map of City Council Districts attached hereto and incorporated herein as Exhibit `E'. SECTION 6. 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. SECTION 7. This ordinance shall be effective immediately from and after passage. PASSED AND APPROVED this, the I I" day of October, 2016. Allen Dunn, Mayor ATTEST: Peggy Cimics, City Secretary EXHIBIT A ANNEXATION AREA METES & BOUNDS DESCRIPTION Fieldnotes describing a 39.70 acre tract of land being out of and part of the Jose Flores Survey No. 63, Abstract 134, Guadalupe County, Texas, being a portion of that tract of land called 84.8 acres conveyed to Edward A.J. Shievelbein and wife Meta schievelbeic, by deed recorded in Volume 184, Page 220, Deed Records, Guadalupe County, Texas, and being more particularly described as follows: Segiuling at a }" iron Pin with a yellow plastic cap stamped "FORD FAG. INC." set at the intersection of the southwest right-of-way line of Haeckerville Road and the southeast line of a 118.3 acre tract of land described in Volume 244, Page 246, Deed Records, Guadalupe County, Texas, and the northwest line of the 84.8 acre tract, being the north corner of the herein described tract. Said pin bears N 29' 17' 00" W, 3957.72 feet from a }" pin found at Halton Road. Thence, S 29' 17' 00" E, 11.72.24 feet along the southwest right-of-way line of Haackerville Road to a }" iron pin with a yellow plastic cap stamped "Fan ENG. INC." set for the north corner of a 44.12 acre tract of land this day surveyed, being the east corner of the herein described tract. Thence, 8 fit' 52' 38" W, 17453.08 feet across the 84.8 acre tract along the northwest line of the 44.12 acre tract to a point in the centerline of the cibolo Creek, being the west comer of the 44.12 acre tract and the south corner of the herein described tract. Thence, N 57' 38' 18" W, 64.21 foot along the centerline of the Cibolo Creek to a point for the southwest comer at the herein described tract. Thence, N 03' 26' 53" E, 562.72 foot partly along the southeast line of an 11.8 acre tract of land described in Volume 315, Page 475-477, need Records, Guadalupe County. Teras, and the southwest line of the 84.8 acre tract to a }" iron pin with a yellow plastic cap stamped "F= EW. INC." set for an angle Point. Thence, N 29' 41' 06" W, 335.79 feet with the west line of the 84.8 acre tract to a }" iron pin with a yellow plastic sap stamped "FORD ENO. INC." set for the south corner of a 1.000 acre tract of land described in Volume 874, Page 970, Official Public Records, Guadalupe County. Taxan, being the western most northwest earner of the herein described tract. Thaace, N 59' 36' 20" E, 211..00 feet along the southeast line of the 1.000 acre tract of land to a }" iron pin with a yellow Plastic cap stamped "FOR!? EM. INC." sat for the east comer of the herein described tract. Thence. N 32' 52' 03" W, 212.50 feet along the northeast line of the 1.000 acre tract to a }" iron pin with a yellow plastic tap stmped 17M ENO. INC." set in the southeast line of the 118.3 acre tract and the northwest line of the 84.8 arra tract for the north corner of the 1.000 acre tract, being the northern most northwest corner of the herein described tract. Thence, N 59' 39' 20" E, 1292.96 feet along the southeast line of the 118.3 acre tract and the northwest liner of the 84.8 acre tract to the Place of Nog xuWv and containing 39.70 acres of land according to a survey made on the ground an January 13, 1996. EXHIBIT ANNEXATION AREA METES & BOUNDS DESCRIPTION (Mapped) I ...... Symbology Potniti.1 Annexation Areae Parcel Boundaries It U II 71 Cibolo City Limb Non -annexation Agreements Cibolo EFJ 11 4 it 1 n II II F.» -z U z I I :it It SCHMOEKEL AREA 1 it > ifit 11 H 0 II Q BOLTON EXHIBIT C 2016 ANNEXATION PROGRAM CITY OF CIBOLO, TEXAS Upon annexation of the area identified above the City of Cibolo will provide City services utilizing methods by which it extends services to any other equivalent area of the City. SERVICES PROVIDED BY THE EFFECTIVE DATE OF ANNEXATION Police Protection The City of Cibolo, Texas and its Police Department will provide police protection to newly annexed areas at the same or similar level of service now being provided to other areas of the City with like topography, land use and population density as those found within the newly annexed areas. The Police Department will have the responsibility to respond to all dispatched calls for service or assistance within the newly annexed areas. 2. Fire Protection and Emereencv Medical Services The City of Cibolo, Texas and its Fire Department, and the Cibolo Volunteer Fire Department, will provide fire protection to newly annexed areas at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed areas. The City of Cibolo, Texas contracts with the City of Schertz for EMS services and will provide EMS services through that contract to newly annexed areas at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed areas. 3. Maintenance of Water and Wastewater Facilities All of the newly annexed property is within the water and wastewater service areas of Green Valley SUD. The City of Cibolo does not own or maintain water or wastewater facilities in the annexation area at the time of the proposed annexation. The Green Valley SUD does not own or maintain wastewater facilities in the annexation area at the time of the proposed annexation. Any existing GVSUD facilities that may happen to be present in the annexation area shall continue to be maintained by GVSUD. Any water or wastewater facilities that may be dedicated to, or acquired by, the City of Cibolo, subsequent to the proposed annexation, shall be maintained by the City of Cibolo at such time as said utilities are accepted by the City of Cibolo. Existing water and wastewater facilities owned by the City of Cibolo outside of the annexation area shall be available for the point of use extension based upon the City of Cibolo standard extension policies in the Cibolo UDC, as may be amended, and action by the City Council. 4. Solid Waste Collection The City of Cibolo, Texas contracts for the collection of solid waste and refuse within the corporate limits of the City with Bexar Waste. Solid waste collection will be provided to citizens in the newly annexed areas at the same or similar level of service now being provided to other areas of the City with like topography, land use and density as those found within the newly annexed areas. The City may negotiate with annexed areas to allow continued services with an existing solid waste management provider. After the second anniversary of the annexation date, the City will impose fees and provide the service. If areas with private roads and/or gates are arranged so that garbage may be collected without creating a safety hazard, the City, at its discretion, may collect the garbage provided proper indemnification is received from the community association or individual property owners. The City will then impose fees and provide the service. Garbage collection locations shall be subject to the approval of the Sanitation Manager. In the event the City does not collect garbage within the areas with private roads and/or gates, residents of these areas will not be billed for service after the two-year date. 5. Maintenance of Roads and Streets Any and all public roads, streets or alleyways shall be maintained to the same degree and extent that other public roads, streets, and alleyways are maintained in areas of the City with like topography, land use and density as those found within the newly annexed areas. Private roads will remain under the ownership of the homeowners association and as such maintained by the association. Maintenance of Parks, Playgrounds, and Swimming Pools The City of Cibolo, Texas is not aware of the existence of any publicly owned parks, playgrounds or swimming pools now located in the proposed areas of annexation. In the event any such parks, playgrounds, or swimming pools do exist and are public facilities, the City will maintain such areas and facilities to the extent and degree and to the same or similar level of service now being provided to other such areas and facilities within the corporate limits of the City with like topography, land use and density as those found within the newly annexed areas. Private facilities will remain under the ownership of the homeowners association and as such maintained by the association. Maintenance of any Publicly owned Facility, Building or Municipal Service The City of Cibolo, Texas is not aware of the existence of any publicly owned facility, building, or other municipal service now located in the proposed areas of annexation. In the event any publicly owned facility, building, or other municipal service does exist and are public facilities, the City will maintain such areas and facilities to the extent and degree and to the same or similar level of service now being provided to other such areas and facilities within the corporate limits of the City with like topography, land use and density as those found within the newly annexed areas. 8. Other Services The City of Cibolo, Texas finds and determines that such services as planning, code enforcement, animal control, library, parks and recreation, court and general administration will be made available after the effective date of annexation at the same or similar level of service now being provided to other areas of the City with similar topography, land use and density as those found within the newly annexed areas. CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BE COMPLETED WITHIN 2 % YEARS 1. Police and Fire Protection and Solid Waste Collection The City of Cibolo, Texas, finds and determines that it is not necessary to acquire or construct any capital improvements within 2 '/z years of the effective date of the annexation of the particular annexed areas for the purpose of providing police protection, fire protection, emergency medical services or solid waste collection. The City finds and determines that it has at the present time adequate facilities and other resources to provide the same type, kind and level of service and protection which is presently being administered to other areas already incorporated in the City of Cibolo, Texas with like topography, land use and population density as those found within the newly annexed areas. 2. Water/Wastewater Facilities The City of Cibolo, Texas, finds and determines it may acquire and/or construct capital improvements within 2 'h years of the effective date of the annexation of the particular annexed areas being annexed. 3. Roads and Streets The City of Cibolo, Texas, finds and determines it may acquire and/or construct capital improvements within 2 '/z years of the effective date of the annexation of the particular annexed areas. 4. Maintenance of Parks, Playgrounds, and Swimming Pools and Any Other Publicly Owned Facility, Building, or Service The City of Cibolo, Texas, finds and determines it is not necessary to acquire or construct any capital improvements within 2 % years of the effective date of the annexation of the particular annexed areas for the purpose of parks maintenance, playgrounds, swimming pools and other publicly owned facility, building or service. 5. Maintenance of Current Septic Svstem Any resident who currently utilizes a septic system to manage wastewater shall be entitled to continue said system except for the following: Should a septic system located within 500 -feet of an existing sewer main fail to the point where repair/replace costs will exceed the cost of tying onto the said existing sewer main, the property owner shall be required to connect to the sewer system. SPECIFIC FINDINGS The City of Cibolo, Texas, finds and determines that this proposed service plan will not provide any fewer services and will not provide a lower level of service in the areas being considered for annexation that were in existence in the proposed areas at the time immediately preceding the annexation process. Given the proposed annexation areas' topography, land utilization and population density, the service levels to be provided in the newly annexed areas will be equivalent to those provided to other areas of the City with similar characteristics. TERMS This plan shall be valid for a term of ten (10) years. Renewal of the Service Plan is at the discretion of the City of Cibolo. LEVEL OF SERVICE Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with Chapter 43 of the Texas Local Government Code. EXHIBIT D UPDATED CITY LIMITS/ETJ MAP CITY OF CIBOLO, TEXAS EXHIBIT E CITY COUNCIL SINGLE MEMBER VOTING DISTRICT MAP CITY OF CIBOLO, TEXAS 5 2 Council Districts City of Cibolo 0C Al AS nnwxmm��°� rexns "City of Choice" City Council Meeting Date: October 11, 2016 From: Rudolph F. Klein IV, P.E., Director of Planning & Engineering Subject: Zoning Petition I Ordinance 10494 W. IH -10 —Agricultural (AG) to General Commercial C-4 Owner: J & L Highway Venture LLC, by Gerri Nash Mott Applicant/Representative: HMT Engineering and Surveying, by Chris Crim P.E. Address: 10494 West Interstate Highway 10 Area: 4 Acres Council District: 7 Current Zoning: Agricultural (AG) Proposed Zoning: General Commercial (0-4) Proposed Use: 2 Commercial Lots Background/History: The City Council and P&Z Commission held public hearings on September 131h and September 14th respectively, to hear public testimony on the voluntary annexation of the four (4) acres located along the westbound IH -10 frontage and immediately east of Santa Clara Road. In anticipation of the annexation the Planning & Zoning Commission and City Council will hold public hearings on September 14, 2016 and October 11, 2016, respectively, to hear public testimony concerning the assignment of permanent zoning for the four (4) acres. This includes two (2) parcels totaling four (4) acres to be designated for C-4 use. Staff was approached by the owners to expand the current use and subdivide the land to allow uses permitted within the above zoning request. The property owner's and Staff have worked together to continue development on the site as we process the applicant's petition for voluntary annexation (per the Non -Annexation Agreement), permanent zoning to allow current uses and completing the review on the submitted Minor Development Plat. Findings/Current Activity: The subject tract is located approximately 200 feet northeast of the intersection of IH 10 West and Santa Clara Road with surrounding uses/zoning as follows: 1. North • San Antonio Raceway, (C-3) 2. East Commercial, Non -Annexation Agreement 3. West Residential, Retail/Office (C-3) 4. South (IH 10) The current and proposed updated Future Land Use Map (FLUM) indicates the property to have Commercial use. The proposed annexation and the assignment of permanent zoning to C-4 for the four (4) acres are to allow the continuance and expansion of high intensity commercial uses. With the annexation and rezoning currently pending City Council approval, the applicant has initiated the next step in the development process and submitted a development plat for the division of the four (4) acres into two (2) acre parcels. Public Notice: Notice was published in the local paper, signage posted on site and letters were provided by certified mail to 6 owners within 200' of the proposed use. At this time, staff has received no letters In opposition or in favor of the request. P & Z Recommendation: On September 14, 2016, the Planning & Zoning Commission conducted a public hearing to solicit public testimony regarding the rezoning of four (4) acres, located along the westbound I1-1-10 frontage and immediately east of Santa Clara Road, from AG to C-4. presentation, the public hearing opened for citizen comment whereas for or in opposition to. Following the applicants no citizen spoke in favor By a unanimous vote, the Planning & Zoning Commission recommended approval of the proposed rezoning Council Action Options: 1. Approve the proposed Rezoning Ordinance of 4 acres from Agricultural Homestead (AG) to General Commercial (C-4), as recommended by the P&Z Commission. 2. Deny the request. Recommendation: 1. Approve the proposed Rezoning Ordinance of 4 acres from Agricultural Homestead (AG) to General Commercial (C-4), as recommended by the P&Z Commission. R dolph F. Klein IV, P.E. Dir ctor of Planning & Engineering RklelnOcibolotx.ciov 210-658-9900 x 3139 ONicial FLUM/FTP Lisa 9'0YATez City Planner / Laonzalezaci bolotx.gov 210-658-9900 x 3141 Proposed FLUM/FTP (DRAFT) Oficial Zoning Map OF C/� G� � fs O W "xxxxxrnnnnn.nr,�" r C X P, "City of Choice" ORDINANCE AN ORDINANCE ASSIGNING A PERMANENT ZONING CLASSIFICATION OF CERTAIN REAL PROPERTIES GENERALLY LOCATED ALONG THE WESTBOUND IH -10 FRONTAGE AND IMMEDIATELY EAST OF SANTA CLARA ROAD, COMPRISED OF 4 ACRES FROM AGRICULTURAL HOMESTEAD (AG) TO GENERAL COMMERCIAL (C-4); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Texas Local Government Code Section 211.004 provides that zoning regulations and district boundaries must be adopted in accordance with a duly adopted Comprehensive Plan; and WHEREAS, Texas Local Government Code Section 211.002 authorizes the City of Cibolo, as a home -rule municipality, to adopt, repeal or amend zoning district boundaries in order to promote the public health, safety and general welfare of the City; and WHEREAS, Section 9.02 of the City Charter of the City of Cibolo also provides that the City Council with the authority to fix City zoning district boundaries by ordinance, and provide for the alteration of said boundaries in any manner provided by law; and WHEREAS, the City of Cibolo received an application to rezone approximately 4 acres generally located along the westbound IH -10 frontage and immediately east of Santa Clara Road, from Agricultural (AG) to General Commercial (C-4); and WHEREAS, two public hearings were held to discuss the rezoning with the first public hearing being conducted by the Planning & Zoning Commission on Wednesday, September 14, 2016 at 6:30 p.m. in the Cibolo City Hall; and, the second public hearing being conducted by City Council on Tuesday October 11, 2016 at 6:30 p.m. in the Cibolo City Hall; each being conducted for the purpose of providing all interested persons the opportunity to be heard concerning the proposed rezoning of approximately 4 acres from AG to C-4, as described herein and depicted on Exhibit A; and WHEREAS, legal notice notifying the public of both public hearings on the rezoning was published in the Seguin Gazette, a newspaper of general circulation in the City of Cibolo, on August 28, 2016 and August 30, 2016, with said publications provided more than fifteen (15) days prior to the public hearing before the City Council; and WHEREAS, written notice of the above public hearing before the Planning and Zoning Commission was sent to each owner of real property, as indicated on the approved tax roll of the City of Cibolo, within 200 feet of the properties to be rezoned, with said notice provided more than ten (10) days prior to the initial public hearing of the Planning and Zoning Commission as cited above; and WHEREAS, the Planning and Zoning Commission recommended and the City Council, therefore determined that rezoning 4 acres of real property located along the westbound IH -10 frontage and immediately east of Santa Clara Road, of which 4 acres would be rezoned from Agricultural (AG) to General Commercial (C-4), as reflected in the attached Exhibit "A" would be in accordance with the City's Comprehensive Plan and would be in the best interest of the City. NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION I. THAT 4 acres of real properties generally located along the westbound IH -10 frontage and immediately east of Santa Clara Road, shall be rezoned from Agricultural (AG) to General Commercial (C-4) a depiction of which is more specifically defined on Exhibit "A". SECTION II. THAT the zoning map of the City of Cibolo is hereby amended to reflect the new zoning designations as created by this Ordinance, being more specifically defined on Exhibit `B". SECTION IH. THAT all provisions of the Code of Ordinances of the City of Cibolo not herein amended or repealed shall remain in full force and effect. SECTION IV. THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. SECTION V. THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that all other parts of the same which are not held void or unconstitutional shall remain in fill force and effect. THAT this ordinance is not severable. SECTION VI. SECTION VH. THIS ordinance will take effect its passage, approval and publication as provided by law. PASSED, APPROVED, AND ADOPTED THIS _DAY OF 2016. Allen Dunn Mayor, City of Cibolo ATTEST: Peggy Cimics City Secretary, City of Cibolo 2 EXHIBIT A: Rezoning Exhibit (Legal Description) BEING 4.021 ACRES OF LAND, MORE OR LESS, OUT OF THE GUADALUPE TORRES SURVEY NO. 69, ABSTRACT 313, GUADALUPE COUNTY, TEXAS AND BEING COMPRISED OF A ONE ACRE TRACT DESCRIBED AS "TRACT I" AND 3 ACRES, DESCRIBED AS "TRACT II" IN VOLUME 2017, PAGE 835 OF THE OFFICIAL RECORDS OF GUADALUPE COUNTY, TEXAS. EXHIBIT A: Rezoning Exhibit (Graphic Illustration) E T T L . r . H i I INTERSTATE HIGHWAY 10 WEST ACCESS ROAD - E T - T L T F. E T E E 3 EXHIBIT B: Updated Official Zoning Map - City Of Cibolo, Texas C! y OF C/�o U 0 x r Tf X A' "City of Choice" City Council Meeting Date: October 11, 2016 From: Rudolph F. Klein IV, P.E., Director of Planning & Engineering Subject: Zoning Petition I Ordinance Single Residence - Agricultural Homestead (AG) to Manufactured Home (MH -1) II0 Owner: Jane Fischer ApplicantlRepresentative: Ashly Chavez Address: 3990 Haeckerville Road Area: 1 Acre Council District: 2 Current Zoning: Agricultural (AG) Proposed Zoning: Manufactured Home (MH -1) Proposed Use: One (1) Manufactured Home Residence Background/History: The City Council and P&Z Commission will hold public hearings on September 13th and September 14th respectively, to hear public testimony on the voluntary annexation of the 37 acres located along the west side of Haeckerville Rd between Lower Seguin Rd and Bolton Rd. In anticipation of the annexation the Planning & Zoning Commission and City Council will hold public hearings on September 14, 2016 and October 11, 2016, respectively, to hear public testimony concerning the assignment of permanent zoning for the 37 acres. This includes 36 acres to be designated for AG use per the default zoning through annexation and 1 acre to be designated for MH -1. Final approval or disapproval on the annexation and zoning is scheduled for October 11, 2016. Staff was approached by the owners to change the current use and subdivide the land to allow uses permitted within the above zoning request. Staff reminded the owners that the property was currently under a non -annexation agreement and that any change as proposed would require a petition for annexation and permanent zoning. Findings/Current Activity: The subject tract is within the City Limits and is located 3/4 of a mile northwest of the intersection of Haeckerville Road and Bolton Road with surrounding uses/zoning as follows: 4• 1. North (across Haeckerville Rd.) • Agricultural, Non -Annexation Agreements 2. East • Ag/Residential, Agricultural (AG) •A 3. West • Agricultural, Non -Annexation Agreements 4. South • Agricultural/Cibolo Creek, Non -Annexation Agreements The current Future Land Use Map (FLUM) indicates the property to have Rural Residential/Open Space (due to Clbolo Creek floodplain). The Master Plan Committee is currently updating our FLUM and below is the current draft of the area as proposed for Neighborhood Residential. The proposed annexation, assignment of permanent zoning to MHA for one (1) acre is to allow the continuance of agricultural use for the 36 acres and carve out one (1) acre for a homestead. Should the annexation and rezoning be approved, the applicant will continue with the next step in the development process and submit a development plat for the one (1) acre tract. Public Notice: Notice was published in the local paper, signage posted on site and letters were provided by certified mail to 10 owners within 200' of the proposed use. At this time, staff has received two (2) letters in opposition and one (1) in favor of the request. P & Z Recommendation: On September 14, 2016, the Planning & Zoning Commission conducted a public hearing to solicit public testimony regarding the rezoning of one (1) acre, located along the west side of Haeckerville Road between Lower Seguin Road and Bolton Road, from AG to MH -1. Following the applicants presentation, the public hearing opened for citizen comment whereas one citizen spoke in favor for and none in opposition to. By a unanimous vote, the Planning and Zoning Commission recommended approval of the rezoning of one (1) acre, along the west side of Haeckerville Road between Lower Seguin Road and Bolton Road, from AG to MH -1. City Council Action Options: 1. Approve the proposed Rezoning Ordinance of 1 acre from Agricultural Homestead (AG) to Manufactured Home (MH -1), as recommended by the P&Z Commission. 2. Deny the request. Recommendation: 1. Approve the proposed Rezoning Ordinance of 1 acre from Agricultural Homestead (AG) to Manufactured Home (MH -1), as recommended by the P&Z Commission. jy Rud Iph .Klein IV, P.E. Director of Planning & Engineering Rkleinla cibolobc.aov 210-658-9900 x 3139 Lisa Gonzalez City Planner Loonzalez(a cibolotx.aoy 210-658-9900 x 3141 Official Zoning Map JANE E. FISCHER REMAINING PORTION OF 39.70 ACRE TRACT 1186/251 O.P.R. LOT 1 BLOCK 1 (1.000 AC.) JANE E. FISCHER REMAINING PORTION OF 39.70 ACRE TRACT 1186/251 O.P.R. Official FLUM/FTP MARK WAYNE MICHALEK 1.000 ACRES 2579/305 O.P.R.R.P. Proposed FLUM/FTP DRAFT R.O.W. RESERVATION IQ MMMiMlllll11111101,"„ 7'£x As "City of Choice" ORDINANCE AN ORDINANCE ASSIGNING A PERMANENT ZONING CLASSIFICATION OF CERTAIN REAL PROPERTIES GENERALLY LOCATED ALONG THE WEST SIDE OF HAECKERVILLE ROAD BETWEEN LOWER SEGUIN ROAD AND BOLTON ROAD, COMPRISED OF 1 ACRE FROM AGRICULTURAL HOMESTEAD (AG) TO MANUFACTURED HOME (MH -1); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Texas Local Government Code Section 211.004 provides that zoning regulations and district boundaries must be adopted in accordance with a duly adopted Comprehensive Plan; and WHEREAS, Texas Local Government Code Section 211.002 authorizes the City of Cibolo, as a home -rule municipality, to adopt, repeal or amend zoning district boundaries in order to promote the public health, safety and general welfare of the City; and WHEREAS, Section 9.02 of the City Charter of the City of Cibolo also provides that the City Council with the authority to fix City zoning district boundaries by ordinance, and provide for the alteration of said boundaries in any manner provided by law; and WHEREAS, the City of Cibolo received an application to rezone 1 acre generally located along the west side of Haeckerville Road between Lower Seguin Road and Bolton Road, from Agricultural (AG) to Manufactured Home (MH -1); and WHEREAS, two public hearings were held to discuss the rezoning with the first public hearing being conducted by the Planning & Zoning Commission on Wednesday, September 14, 2016 at 6:30 p.m. in the Cibolo City Hall; and, the second public hearing being conducted by City Council on Tuesday October 11, 2016 at 6:30 p.m. in the Cibolo City Hall; each being conducted for the purpose of providing all interested persons the opportunity to be heard concerning the proposed rezoning of I acre from AG to M11-1, as described herein and depicted on Exhibit A; and WHEREAS, legal notice notifying the public of both public hearings on the rezoning was published in the Seguin Gazette, a newspaper of general circulation in the City of Cibolo, on August 28, 2016 and August 30, 2016, with said publications provided more than fifteen (15) days prior to the public hearing before the City Council; and WHEREAS, written notice of the above public hearing before the Planning and Zoning Commission was sent to each owner of real property, as indicated on the approved tax roll of the City of Cibolo, within 200 feet of the properties to be rezoned, with said notice provided more than ten (10) days prior to the initial public hearing of the Planning and Zoning Commission as cited above; and WHEREAS, the Planning and Zoning Commission recommended and the City Council, therefore determined that rezoning 1 acre of real property located along the west side of Haeckerville Road between Lower Seguin Road and Bolton Road, of which 1 acre would be rezoned from Agricultural (AG) to Manufactured Home (MH -1), as reflected in the attached Exhibit "A" would be in accordance with the City's Comprehensive Plan and would be in the best interest of the City. NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION I. THAT 1 acre of real property located along the westbound IH -10 frontage and immediately east of Santa Clara Road, shall be rezoned from Agricultural (AG) to Manufactured Home (MH -1); a depiction of which is more specifically defined on Exhibit "A". SECTION H. THAT the zoning map of the City of Cibolo is hereby amended to reflect the new zoning designations as created by this Ordinance, being more specifically defined on Exhibit "B". SECTION III. THAT all provisions of the Code of Ordinances of the City of Cibolo not herein amended or repealed shall remain in full force and effect. SECTION IV. THAT all other ordinances or pails of ordinances in conflict herewith are hereby repealed to the extent that they are in conflict. SECTION V. THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect. THAT this ordinance is not severable. SECTION VI. SECTION VH. THIS ordinance will take effect its passage, approval and publication as provided by law. PASSED, APPROVED, AND ADOPTED THIS 11`h DAY OF October, 2016. Allen Dunn Mayor, City of Cibolo ATTEST: Peggy Cimics City Secretary, City of Cibolo PA EXHIBIT A: Rezoning Exhibit (Legal Description) Being 1.003 acres of land, more or less, out of a 39.70 acre tract of land out of and part the Jose Flores Survey No. 63, Abstract 134, Guadalupe County, Texas as described in Distribution Deed recorded in Volume 1186, Page 251, Oficial Public Records of Guadalupe County, Texas, said 1.003 acres being more particularly described by metes and bounds as follows: BEGINNING at a 112 inch iron rod found for the East comer of this 1,003 acres, same being on the northeast line of said 39,70 acres at the North comer of the Mark Wayne Michalek 1.000 acres (Volume 2579, Page 305), same also being on the southwest Rig] of -Way line of Haeckerville Road, same also being the POINT OF BEGINNING; THENCE along the lines common to this 1.003 acres and said Michalek 1.000 acres following courses and distances: South 58 degrees 40 minutes 31 seconds West (South 58 degrees 39 minutes 39 seconds West), a distance of 216.99 feet (called 217.00 feet) to a 1/2 inch iron ro found for an angle comer of this 1.003 acres, same being the West corner of said Michalek 1.000 acres; South 34 degrees 24 minutes 33 seconds East (South 34 degrees 25 minutes 10 seconds East), a distance of 77.64 feet to a 112 inch iron rod set for an angle corner of this 1.003 acres, same being on the southwest line of said Michalek 1.000 acres; THENCE departing the interior line of and severing said 39.70 acres the following courses and distances: South 58 degrees 40 minutes 31 seconds West, a distance of 127,71 feet to a 112 inch iron rod set for the South corner of this 1.003 acres; North 30 degrees 44 minutes 51 seconds West, a distance of 177.54 feet to a 112 inch iron rod set for the West corner of this 1.003 acres; North 58 degrees 40 minutes 31 seconds East, a distance of 339.74 feet to a 112 inch iron rod set for the northeast comer of this 1.003 acres, same being on the northeast line of said 39.70 acres and the southwest Right -of -Way line of said Haeckerville Road; THENCE along the southwest Right -of -Way line of said Haeckerville Road, South 30 degrees 44 minutes 51 seconds last (called South 29 degrees 17 minutes 00 seconds East), a distance of 100.00 feet to the POINT OF BEGINNING, and containing 1.003 acres of land, more or less. EXHIBIT A: Rezoning Exhibit (Graphic Illustration) Sti Dela �Qt. a v�. 1 p SCALE: 1"=60' Sj 0; OF 39.70 ACRES REMAINING PORTION (1186/251) POINT OF O'nJ1 C•M' BEGINNING SUBJECT TRACT 1.003 ACREST 3Z ti21� OOi (VACANT LOT) 5$�8p919 fl `5 �s s y �X. MARK WAYNE MICHALEK 1.000 ACRES Jfs •��+ ��0� (2579/305) ss s 4 EXHIBIT B: Updated Official Zoning Map - City Of Cibolo, Texas AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, BY CHANGING THE DATE OF CITY COUNCIL MEETINGS FOR THE MONTH OF NOVEMBER AND DECEMBER 2016 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Charter Article 111, § 3.08 authorizes the City Council to fix the date and time of Regular Council Meetings by Ordinance; and WHEREAS, the Council wishes to move the first regular scheduled Council meeting and cancel the second regular meeting for the month of November 2016 and cancel the second regular meeting for the month of December 2016; and WHEREAS, the City Council feels that moving these meetings will better serve the majority of citizens due to the holidays celebrated during these two months. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1 The City Council regular meeting for the month of November shall be scheduled for November 15, 2016. The second regular meeting in November is cancelled due to holiday schedule. The City Council regular meeting for the month of December shall be scheduled for December 13, 2016. The second regular meeting in December is cancelled due to holiday schedule. City Council regular meetings will go back to the second and fourth Tuesday beginning in January 2017. SECTION 2 EFFECTIVE DATE This Ordinance shall be effective upon the approval of the City Council of the City of Cibolo, Texas. AND IT IS SO ORDAINED. PASSED AND APPROVED by a vote of _ for, to _ against this 11' day of October, 2016. APPROVED: ATTEST: Mayor Allen Dunn Peggy Cimics, City Secretary AGENDAITEM TO: MAYOR AND CITY COUNCIL FROM: ANNA MIRANDA, FINANCE DIRECTOR SUBJECT: MULTI -BANK SECURITIES DATE: 10/3/2016 CC: ROBERT T. HERRERA, CITY MANAGER ia.A The attached resolution authorizes the City's investment officers to establish and maintain one or more accounts with Multi -Bank Securities, Inc. Multi -Bank Securities, Inc. has reviewed our policy and completed the broker-dealer questionnaire and has submitted the required information. Multi -Bank Securities, Inc. also offers an application or online platform which provides on -demand access to search, compare and transact within the bond and CD markets. Multi -Bank Securities, al, feted -income broker-dealer committed to climes financial goal our priority since x988. MULTI—BANK SECURITIES, INC.® vietr d memaary coat<c, e.�imlssa cemae mar meuu+eaTw�o�s ro urcutarers. As ¢uearxreaMtvmSnB Wh'cGaEz dvn9t A ypes aearlre.we m'dvsaNwvr�h av �cawemrcawcumner Vetrxrtx. OMUAGsrk Sxvms. rnc.. tketcea Ku�e.Clireccaca Iry. v.Ebbased totl bot g�Es1w 9rect aoaxe to tts nvrrtudxc. 'neva uI swmmad, nss�a- , virsn minora oreay avovstre mann.vc M1aa4r9 eMirnEwn[rrt rduzrneto nKrettun 5,eD] frcemma dErrtc Mao - Imre xar�s Us[ cts Staff recommends approval of the resolution. Being Connected has its Advantages eConnentDirect empm%\x institutional clients byprociding on -demand access for actively searching, comparing and making transactions within the bond and CD markets. fwr kctvmru=cwv. �r�vc �acn.�e ws+oma000,6 mnarcetlr�.eaN. s Ideeareu�emreaseioteseCerrc wrtYdam-+stawcmtc+re =vndegnU- FYtuidEcv Crew an Essy, aatE and Em�.e bhRan /a attxsng Ydamffm. tsrdz9'rgtxeasaw msa�a �rrenEtrdEnvaa c,rn r .,c fiavf SW]Ms'eK.Y h/IC'c']tleSfw. Kaf 1L12c1IX0.9tlKa mvnwy cr afRaf:YBL4te1:IG,F�ft Pvf9�to fnvfYfrM Wp�MVR', axMaF �� c� tau -�revn m:earnmE�. Svxirg urlie of ite Iagsar fsaci9 lrstaluma ad ozrw:es Down mthe vrdaxt GLEE AYl Gfcdl tYLp'E. �4VA t�.^dCp>Y VMI Eerya9NrteM. Trm eCorezctQren samonafbvs You to srreR ccmgare a rrarcatvn • U.S. Gn.EIMEnt PaEfl¢ca"N FHU1 fi� Mar eon • =I jgde. • eCcrceCHHE • Mvi� Ec+xxfys • Weoaie Eads . Tr.aaay nb[eo4'cnds k�ocittltMyaxMtMcoYaL rmiwdafi� tlsa-cunt mdesvmal, CC.0.T.IXIn/PYGCu6tq�IteMdtJ )C(IrIXO'b� 1�h.Ci .tl F.M6VRt1I M4(1[i. Tlxouy\ aNs'cEa cea'cM1$Ete Yid d Mm&arYCOhlaaarcz svW. Ya+pn eawl'. Eif Wo,aM ondaJIMxIFJaegerlunceatF� aaasadero you and ywr ssraudor. MULTI -BANK SECURITIES, INC.' r r r 1 LEGAL NAME OF ORGANIZATION: City of Cibolo TYPE OF ORGANIZATION: Municipality ACCOUNT NUMBER: ►i[Q0501.711]01M1:1 91 *11171111M►i1V]NIT, I Be it resolved that each of the following has been duly elected or appointed and is now legally holding the title set opposite his/her name. Robert T. Herrera City Manager (Name of Authorized Person) (Title) Anna Miranda Finance Director (Name of Authorized Person) (Title) (Name of Authorized Person) 1, Allen Dunn, Mayor of (Name and Title of Officer or Partner signing this Non -Corporate Resolution) City of Cibolo, Texas hereby certify that said organization is duly and legally (Name of Organization) organized and existing and that a quorum of the City Council (Name of Governing Body of Organization) of said Organization attended a meeting duly held on the 11th day of October _,2016 at which the following resolutions were duly adopted, and that such resolutions are in full force and effect on this date and do not conflict with the City Charter of said organization. (Name of Governing Rules) I further certify that I have the authority to execute this Non -Corporate Resolution on behalf of said Organization, and that the City Council of the Organization which took the action called for by the (Name of Governing Body of Organization) resolutions annexed hereto has the power to take such action. SIGNATURE: TITLE: Mayor 'The signer should be someone other than one of the authorized person(s) named above. However, if signed by an authorized person named above, the Fed Wire Letter of Authorization and/or ACH Authorization Agreement must be signed by an authorized person other than the signer of this document. Pershing LLC, a subsidiary of The Bank of New York Mellon Corporation. Multi -Bank Sectmi Inc ® PAGE i ora Member FINRA,NYSE, SK. Trademark(s) belong to their respective owners. Member of FINRA B Sipe; MSRB FRMNGNLeaPRFSB9 Certified Copy Of Certain Resolutions by the Governing Body of Said Organization Whereby the Establishment and Maintenance of Accounts Have Been Authorized. RESOLVED— FIRST: ESOLVED— FIRST: That the named Authorized Persons of this organization or Investment Officers be and they hereby are, and each of them is, authorized and empowered, for and on behalf of this organization (herein called the "Organization"), to establish and maintain one or more accounts with Multi -Bank Securities, Inc. (herein called the "Brokers") and Pershing LLC, its successors or assigns, and for the purpose of purchasing, investing in, or otherwise acquiring, selling, possessing, transferring, exchanging, pledging, or otherwise disposing of or realizing upon, and generally dealing in and with; (a) THIS PARAGRAPH PERMITS CASH TRANSACTIONS IN SECURITIES any and all forms of securities including, but not by way of limitation, shares, stocks, options, stock options, stock index options, foreign currency options and debt instrument options, bonds, debentures, notes, scrip, participation certificates, rights to subscribe, warrants, certificates of deposit, mortgages, chooses in action, evidence of indebtedness, commercial paper, certificates of indebtedness and certificates of interest of any and every kind and nature whatsoever, secured or unsecured, whether represented by trust, participating and/or other certificates or otherwise; (b) THIS PARAGRAPH PERMITS CASH AND MARGIN TRANSACTIONS IN SECURITIES any and all forms of securities including, but not by way of limitation, shares, stocks, options, stock options, stock index options, foreign currency options and debt instrument options, bonds, debentures, notes, scrip, participation certificates, rights to subscribe, warrants, certificates of deposit, mortgages, chooses in action, evidence of indebtedness, commercial paper, certificates of indebtedness and certificates of interest of any and every kind and nature whatsoever, secured or unsecured, whether represented by trust, participating and/or other certificates or otherwise; and margin transactions, including short sales; The fullest authority at all times with respect to any such commitment or with respect to any transaction deemed by any of the said Authorized Persons and/or agents to be proper in connection therewith is hereby conferred, including authority (without limiting the generality of the foregoing) to give written or oral instructions to the Brokers with respect to said transactions; to bind and obligate the Organization to and for the carrying out of any contract, arrangement, or transaction, which shall be entered into by any such Authorized Persons and/or drafts drawn upon the funds of the Organization such sums as may be necessary in connection with any of the said accounts to deposit funds with the Brokers; to deliver securities and/or contracts to the Brokers; to order the transfer or delivery thereof to any other person whatsoever, and/or to order the transfer record of any securities, or contracts, or titles, to any name selected by any of the said Authorized Persons or agents; to affix the Organization's seal to any documents or agreements, or otherwise; to endorse any securities and/or contracts in order to pass title thereto; to direct the sale or exercise of any rights with respect to any securities; to sign for the Organization all releases, powers of attorney and/or other documents in connection with any such account, and to agree to any terms or conditions to control any such account; to direct the Brokers to surrender any securities to the proper agent or party for the purpose of effecting any exchange or conversion, or for the purpose of deposit with any protective or similar committee, or otherwise; to accept delivery of any securities, to borrow money and securities, if applicable, and to secure repayment thereof with the property of the Organization; to appoint any other person or persons to do any and all things which any and all things which any of the said Authorized Persons and/or agents is hereby empowered to do, and generally to do and take all action necessary in connection with the account, or considered desirable by such Authorized Persons and/or agents with respect thereto. Pershing LLC, a subsidiary of The Bank of New York Mellon Corporation. Mul6Bank Securities, Inc,® Pace z ars Member FINRA, NYSE, SIPC.Trademark(s) belong to their respective owners. Member of FINRA B SIPG MSRB rnraonconPeesuov SECOND: That the Brokers may deal with any and all of the persons directly or indirectly by the foregoing resolution empowered, as though they were dealing with the Organization directly. THIRD: That the person signing this Non -corporate Resolution on behalf of the Organization be and hereby is authorized, empowered and directed to certify to the Brokers: (a) a true copy of these resolutions; (b) specimen signatures of each and every person by these resolutions empowered; (c) a certificate (which, if required by brokers, shall be supported by an opinion of the general counsel of the Organization, or other counsel satisfactory to the Brokers) that the Organization is duly organized and existing, that its governing rules empower it to transact the business by these resolutions defined, and that no limitation has been imposed upon such powers by the governing rules of the Organization or otherwise. FOURTH: That the Brokers may rely upon the certified copy of the resolutions, specimen signatures, and certificate, as continuing filly effective unless and until the Brokers shall receive due written notice of change or rescission, and the dispatch or receipt of any other form of notice shall not constitute a waiver of this provision. nor shall the fact that any person hereby empowered ceases to be an Authorized Person of the Organization or becomes an Authorized Person under some title, in any way affect the powers hereby conferred, but the failure to supply any specimen signature shall not invalidate any transaction where the party authorizing the same has been actually empowered thereto by or in conformity with these resolutions. FIFTH: That in the event of any change in the office of powers of persons hereby empowered, an Authorized Person shall certify such changes to the Brokers in writing in the manner herein above provided, which notification, when received, shall be adequate both to terminate the powers of the persons therefore authorized, and to empower the persons thereby substituted. SIXTH: That the Authorized Persons of the Organization be, and hereby is, authorized and empowered to countersign items as aforesaid. SEVENTH: That the foregoing resolutions and the certificates actually furnished to the Brokers by the Authorized Person of pursuant thereto, be and they hereby are made irrevocable until written notice of the revocation thereof shall have been received by the Brokers. Pershing LLC, a subsidiary of The Bank of New York Mellon Corporation. MuI&Bank Securities, Inc.- PACE z ore Member FINRA, NYSE, SIPC. TrademaNs) belong to their respective owners. Memberof FINRA&SIPQ MSRB FaswoucoxP eesuas Cimics, Peggy From: McVey, Kelsee Sent: Monday, October 03, 2016 4:13 PM To: Cimics, Peggy; Rogers, Leigh Ann Cc: Luft, Mark Subject: FW: Cibolo Ribbon Cutting Hello ladies, Please see below regarding a VIP reception at 8:00 AM and let me know if the Mayor/Council/City Manager will be attending. Thank you, tx- ECONOMIC DEVELOPMENT 'I Kelsee Jordan McVey, MBA, CAPM@ Business Development Coordinator Cibolo Economic Development Corporation 200 South Main Street I Cibolo, TX 78108 1210) 658-9900 x 31191 kmcveyna cibolotx.gov www.cibolotx.gov From: Trina Hibbard[mailto:THibbard@goodwillsa.org] Sent: Monday, October 03, 2016 3:55 PM To: McVey, Kelsee <kmcvey@cibolotx.gov> Subject: RE: Cibolo Ribbon Cutting Hi again. I've just been told that we will also have a VP reception starting at 8:00am if the Mayor and City Manager would like to join us. We'll send out formal invitations with this information included. Thank you and regards, Trina Hibbard Marketing Manager Goodwill Industries of San Antonio 406 W. Commerce Direct line: 210-271-8872 ext 1278 http://www.goodwillsa.org http://www.facebook.com/Goodwi IISanAntonio ittp://twitter.com/goodwillsa Goodwill Helps Change Lives through the Power of Work — check out our latest innovation, Good Careers Academy at www.,qoodcareersacademy.com From: Trina Hibbard Sent: Monday, October 03, 2016 2:34 PM To:'McVey, Kelsee' <kmcvey(@cibolotx.gov> Subject: RE: Cibolo Ribbon Cutting Hello Kelsee, We would love if the Mayor and/or the City Manager can give some brief remarks. Please let me know if they are agreeable so I can include them on my agenda. Thank you and regards, Trina Hibbard Marketing Manager Goodwill Industries of San Antonio 406 W. Commerce Direct line: 210-271-8872 ext 1278 http://www.goodwillsa,org http://www.facebook.com/Goodwi IISa nAnton io http://twitter.com/goodwiIIsa Goodwill Helps Change Lives through the Power of Work —check out our latest innovation, Good Careers Academy at www.goodcareersacademy.com 0 TeX AS "City of Choice" RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF CIBOLO, TEXAS, AUTHORIZING THE TERMINATION OF THE PUBLIC IMPROVEMENT AGREEMENT WITH SPARROW REAL ESTATE SERVICES, INC., FOR THE DEVELOPMENT OF THE KOEHLER TRACT AND VEAZEY/REDHAGE TRACT Whereas, on the day of , 201, Sparrow Real Estate Services, Inc., (hereinafter "Sparrow") and the City entered into the Public Improvements Agreement for the development of the Koehler Tract and Veazey/Redhage Tract, (hereinafter the "PIA") a copy of which is attached hereto as Exhibit "A"; and Whereas, the Property that is the subject of the PIA consists of 142 acres of land, more or less ("Tract 1"), and 68 acres of land, more or less ("Tract 2"), as more particularly described and depicted in Exhibits "A -I" and "A-2" to the PIA; and Whereas, at the time Sparrow and City entered into the PIA, Sparrow, did not own but, was under contract to purchase the Property; and Whereas, the City has learned that the Property has now been purchased from its prior owners by 150 Investment Group, Ltd., as evidenced by the General Warranty Deeds attached hereto as Exhibits "B" and "C"; and Whereas, as a result of the aforementioned conveyance of the Property to 150 Investment Group, Ltd., Sparrow is unable to fulfill its obligations under the PIA to Assignee and Assignee wishes to accept such Assignment. NOW, THEREFORE BE IT RESOLVED by the CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, THAT: SECTION 1. The City Council of the City of Cibolo, Texas, hereby authorizes the termination of the Public Improvement Agreement Sparrow Real Estate Services, Inc., for the development of the Koehler Tract and Veazey/Redhage Tract. SECTION 2. The City Manager is authorized and directed to execute such instruments and documents and take such action that is reasonably necessary to effectuate the authorization stated in the section immediately above. SECTION 2. This resolution shall be in full force and effect from and after its final adoption. APPROVED AND ADOPTED on this the IIt' day of October, 2016. CITY OF CIBOLO Allen Dunn, Mayor, Attest: Peggy Cimics, City Secretary ( o <_ Q „,,, z o r f X"A s "City of Choice" RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF CIBOLO, TEXAS, AUTHORIZING THE EXECUTION OF A PUBLIC IMPROVEMENT AGREEMENT WITH 150 INVESTMENT GROUP, LTD., FOR THE DEVELOPMENT OF THE KOEHLER TRACT AND VEAZEY/REDHAGE TRACT Whereas, by passage of Resolution No. , this City Council authorized the termination of the Public Improvements Agreement with Sparrow Real Estate Services, Inc., for the development of the Koehler Tract and Veazey/Redhage Tract, (hereinafter the "Property"); and Whereas, the City has learned that the Property has now been purchased from its prior owners by 150 Investment Group, Ltd., as evidenced by the General Warranty Deeds attached hereto as Exhibits "A" and `B"; and Whereas, 150 Investment Group, Ltd., has requested, and the City Engineer recommends, that the Property owner and the City entering into a new Public Improvements Agreement for the development of the Property. NOW, THEREFORE BE IT RESOLVED by the CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, THAT: SECTION 1. The City Council of the City of Cibolo, Texas, hereby approves the Public Improvement Agreement attached hereto as Exhibit "C" to facilitate the development of the Koehler Tract and Veazey/Redhage Tract. SECTION 2. The City Manager is authorized and directed to execute an agreement in substantially similar form as Exhibit "C” and such instruments and documents and take such action that is reasonably necessary to effectuate the authorization stated in the section immediately above.. SECTION 3. This resolution shall be in full force and effect from and after its final adoption. APPROVED AND ADOPTED on this the 11" day of October, 2016. CITY OF CIBOLO Allen Dunn, Mayor, Attest: Peggy Cimics, City Secretary PUBLIC IMPROVEMENTS AGREEMENT FOR KOEIILER TRACT and VEAZEY/REDHAGE TRACT This Public Improvements Agreement [For Koehler Tract and Veazey/Redhage Tract] (this "Agreement") is made and entered into, by and between the City of Cibolo, Texas, a Texas municipal corporation (the "City") and Sparrow Real Estate Services, Inc., a Texas corporation or assigns (whether one or more the 'Developer"), hereinafter collectively referred to at time as the "Parties", pursuant to section 212.071 of the Texas Local Government Code. The Parties agree as follows. Definitions In this Agreement, the following meanings shall be ascribed to the terms used herein: "Association" means a mandatory membership property owners association as more particularly described in Section 1.04. "Crossing Structure" means a crossing structure with rails over an existing creek and drainage channel sized to accommodate four (4) contiguous lanes of a proposed primary arterial as shown in Exhibit "C-1" attached hereto. An opinion of probable cost of the Crossing Structure is shown on Exhibit "C-2". Notwithstanding anything to the contrary in this Agreement, Construction of the Crossing Structure shall commence within eighteen (18) months of the in its 'sole; "Drainage Facilities" means storm -water drainage and detention facilities that shall be constructed by the Developer and which shall be owned, operated and maintained by the Association for the provision of storm -water drainage and detention within all of the Subdivision. "Hike and Bike Trails and Parkland" means recreational facility improvements that shall be constructed by the Developer and dedicated to the City for public use; and, which the Developer and the City shall transfer maintenance responsibilities to an Association established by the Developer. The general location of Hike and Bike Trails and Parkland is shown on the map attached as Exhibit `B-1", consisting of approximately seventeen (17) acres of trails and parks of which a minimum of six (6) of the seventeen (17) acres are dedicated to the public and an opinion of the probable costs of construction relating to the Hike and Bike Trails and Parkland is shown on Exhibit `B-2". "Onsite Water Transmission Line System" means a water transmission line, which shall be oversized to a twelve (12") inch diameter and designed and constructed by the Developer in a manner that is satisfactory to and approved by the City Engineer; and oversized to a twelve (12") inch diameter, so that it may serve the existing and future needs of Developer and the City, as further described herein; the water transmission line shall be built in multiple phases of PIA_KoehterNeazey_Execution Copy Page 1 of 18 development, and shall extend the existing sixteen (16") inch waterline located along FM 1103 north within the right of way of the proposed 86' ROW to Weidner Road, as shown in the general location on the map attached as Exhibit "D-1", but the Public Improvements shall not include any other water infrastructure or any wastewater infrastructure. An opinion of probable cost of the Onsite Water Transmission Line System and the City's share of the probable cost of the Onsite Water Transmission Line System is attached as Exhibit "D-2"); "Property" shall mean 142 acres of land, more or less ("Tract 1"), and 68 acres of land, more or less ("Tract 2"), as more particularly described and depicted in Exhibits "A-1" and "A-2" attached hereto and incorporated herein for all purposes which are located within the City. "Subdivision" shall mean the Property as divided into (i) single family lots and (ii) commercial and multi -family lots; (iii) Hike and Bike Trails and Parkland for the use and benefit of the residents of the City; (iv) Drainage Facilities; and (v) open space, common areas and private amenities. "Public Improvements" shall mean the Crossing Structure, Hike and Bike Trail and Parkland, Onsite Water Transmission Line System and Street Improvements, collectively. "Project" shall mean the development of Public Improvements that upon acceptance by the City shall be dedicated to the public and that are located within all Units of the Subdivision. Street Improvements means right of way dedication and construction of street improvements consisting of: (i) four (4) lanes (with respect to 500 LF) and three (3) lanes (with respect to the remainder) of a proposed primary arterial (the "86' ROW") through the Property from FM 1103 north to Weidner Road as shown in Exhibit "E-1" attached hereto; (ii) the extension of three (3) lanes of a proposed collector (major) (the "66' ROW") known as Buffalo Crossing Drive from its current end point at the boundary of Tract 1 to its intersection with the proposed 86' ROW as shown in Exhibit "E-2" attached hereto; (iii) the dedication of approximately twenty-three (23) feet of land for public right of way adjacent to the existing right of way for Weidner Road east of the 86' ROW and the dedication of approximately thirteen (13) feet of land for public right of way adjacent to the existing right of way for Weidner Road west of the 86' ROW (the "Additional Weidner Road ROW") for future potential construction and/or reconstruction of Weidner Road by others as shown in Exhibit "E-3" attached hereto; and (iv) participation in the cost of and installation of a traffic signal at the future intersection of FM 1103 and the proposed 86' ROW in an amount equal to the lesser of either: PIA_Koehler-Veawy_Execution Copy Page 2 of 18 a. one-fourth (1/4) of the cost of such traffic signal, or b. One Hundred Thousand Dollars and no cents ($100,000.00). An opinion of probable cost of the Street Improvements is shown on Exhibit "E-4". Construction of the 86' ROW and the 66' ROW shall be performed in phases with each phase being the portion of such 86' ROW or 66' ROW that abuts any final plat of the Property and each such phase of construction shall commence within sixty (60) days from the final plat approval by City Council of each final plat that abuts the 86' ROW and 66' ROW. Each phase of construction of the 86' ROW and 66' ROW shall be completed within one (1) year following the date construction of such phase of 86' ROW and 66' ROW is commenced. Dedication of the Additional Weidner Road ROW shall occur upon the final recording of each final plat that abuts Weidner Road. Participation in the cost of the traffic signal shall occur within sixty (60) days of installation of the traffic signal. Notwithstanding anything to the contrary in this Agreement, "UDC" shall mean the City of Cibolo Unified Development Code as it may be amended, revised, re -codified or restated. "Unit" or "Units" shall mean the individual or collective, as appropriately used in context of the statement, development and construction phases of the Project and Subdivision. Purposes, Term and Consideration 1.01. Background: The Developer has contracted to purchase the Property and the Property appears to currently have the appropriate zoning to develop the Subdivision. Developer desires to develop the Subdivision in multiple Units. 1.02. Benefits to the Parties. 1.02.1.1. Benefits to the City. As more fully described herein, the Project shall provide for the design and construction of the Public Improvements by the Developer, which shall be beneficial to the City by establishing: (i) multiple points of future connection to the City's existing public trail system and by the development of approximately seventeen (17) acres of Hike and Bike Trails and Parkland of which a minimum of six (6) of the seventeen (17) acres are to be dedicated to the public; (ii) Private Drainage Facilities to serve the Subdivision; (iii) the extension of a water transmission line oversized for existing and future requirements of the City; (iv) arterial and collector street improvements including a significant crossing over an existing drainage easement, which shall enhance accessibility and improve traffic flows particularly to FM 1103; and (v) Developer's participation towards the cost of a future traffic signal on FM 1103. P1A_Koeh1er-Veazey_Execution Copy Page 3 of 18 1.02.2. Benefits to the Developer. The Developer shall benefit from this Agreement by virtue of the water and sanitary sewer services that will be made available to the Property and satisfaction of the City's development ordinance requirements for parkland and drainage/detention requirements and arterial and collector street assessments by performance of its obligations its obligations under this agreement. The City will benefit from this Agreement by virtue of the benefits stated in Section 1.02.1 above. 1.03. Sufficiency of consideration acknowledged by Parties. The benefits to the Parties set forth in Sections 1.01 and 1.02 above, in addition to the mutual promises expressed herein, are acknowledged by the Parties to be good and valuable consideration, the sufficiency of which is hereby acknowledged to legally bind each Party to faithfully perform its obligations as described herein. 1.04. Association. Developer shall: (i) create a mandatory property owners association (the "Association") which shall apply to the lots within the Subdivision, and (ii) establish bylaws, rules, regulations and restrictive covenants (collectively the "Association Regulations") to assure that the Association performs and accomplishes the duties and purposes required to be performed and accomplished by the Association pursuant to this Agreement. Before the recordation of the Association Regulations in the Public Records of Guadalupe County, Developer shall submit the Association Regulations to the City for review to assure that the Association Regulations provide adequate language to protect the City's interest with respect to the Association's performance of the duties and obligations assigned to it by this Agreement. Approval by the City of the Association Regulations shall not be unreasonably withheld, conditioned or delayed, and the scope of its review shall be limited to the provisions pertaining to the Association's performance of the duties and obligations assigned to it by this Agreement. The Association Regulations shall provide that it cannot be amended by its members to diminish or repeal any duty or obligation assigned to it by this Agreement without the written consent of the City. The owner of each future residential lot within the Subdivision is or will be required to be a member of the Association, dues are or will be assessed and collected by the Association, and any unpaid dues or assessments shall be secured by a lien on the future residential lot for which they are assessed as set forth in the Association Regulations. The Association Regulations shall require the Association to maintain the Association parks, amenities and common areas ("Common Areas") as shown on the final plats of the Subdivision, and the Hike and Bike Trails and Parkland, which must be maintained in a commercially reasonable manner. The Association Regulations shall require the Association to make periodic assessments against the residential lots within the Subdivision that must be sufficient to maintain: (a) the Common Areas and all amenities for residents of the Subdivision; and (b) the Hike and Bike Trails and Parkland for fifteen (15) years after the effective date of this Agreement or until the last single family lot is recorded, whichever occurs first. The Association Regulations must allow for the periodic assessments to be increased from time to time as necessary to provide the funds required for the maintenance of the Common Areas, the Hike and Bike Trails and Parkland and any easements as provided for in this Agreement. For the purposes of this Section it is acknowledged and agreed by the Parties that the phrase "Hike and Bike Trails and Parkland" is limited to the Hike and Bike Trails and Parkland shown on Exhibit B-1 and which shall be shown on the plats of the Subdivision to be dedicated by Developer or otherwise dedicated by Developer to the City pursuant to this PIA_Koehler-Veazey_Execution Copy Page 4 of 18 Agreement. The obligations of Developer and/or the Association to maintain the Hike and Bike Trails and Parkland shall only apply to that dedicated by Developer and shall not apply or extend to any other parkland or trails now or hereafter owned by the City. 1.05. Dedication and transfer of ownership and maintenance of improvements. It is in the public's interest and the interest of the Developer, its grantees and successors, for the Developer to plat some of the Common Areas for the recreational use of the residential lot owners within the Subdivision. The areas and property platted as streets, right-of-way, public utility and Hike and Bike Trails and Parkland on the final plats shall be dedicated and conveyed to the City at the time of recording of the final plat(s) for the Subdivision (or applicable portion thereof) and acceptance of such improvements by the City. Said plat(s) or conveyance shall provide that the City's acceptance of the dedication of the Hike and Bike Trails and Parkland shall be subject to the Association's continued obligation to maintain the Hike and Bike Trails and Parkland for fifteen (15) years after the effective date of this Agreement or until the last single family lot is recorded, whichever occurs first. The Common Area, detention easements and drainage easements located within the boundaries of the Property (or any applicable portion thereof), but not part of the Hike and Bike Trails and Parkland, shall be conveyed in fee simple to the Association, for operation and maintenance. The Association may make improvements to the Hike and Bike Trails and Parkland, provided same are approved by the City and that such improvements are at the Association's sole cost. The City may make improvements to the Hike and Bike Trails and Parkland, provided same are approved by Developer and the Association, and that such improvements are at the City's sole cost. If at any time the City, at its sole discretion, makes improvements or causes any other party to make improvements, to the Hike and Bike Trails and Parkland ("City Trail/Park Improvements"), then Developer shall not be responsible for the costs of any such City Trail/Park Improvements, and any additional maintenance costs (including repair and replacement of the City Trail/Park Improvements) resulting from the City Trail/Park Improvements shall be borne and paid by the City. The Association and the City shall cooperate in the execution of a cost sharing agreement to document the City's responsibility for the maintenance costs associated with any City Trail/Park Improvements. The Association shall be obligated to maintain and preserve the Hike and Bike Trails and Parkland in reasonably the same condition in which it exists upon acceptance for public use by the City. 1.06. Term. 1.06.1 Completion of the Project. Exeept as otherwise pfavided in See Tien n nc wfeif: ` The Developer shall complete construction and dedication of the Project within ten (10) years of the effective date of this Agreement. Developer's failure to timely complete construction and dedication shall cause this Agreement to terminate and the Parties shall have no further obligation to the other and, in such case, Developer's development of the Subdivision shall be consistent with the manner prescribed in the UDC, for a project for which the parties did not enter into a Public Improvement Agreement, including Developer's payment of all Impact Fees and other fees that would otherwise have been excused as a result of Developer's performance under this Agreement. PIA -Koehler -Veazey -Execution Copy Page 5 of 18 1.06.2 Credits. Any and all rights and credits that may accrue to Developer pursuant to the terms of this Agreement shall expire on the fifteenth anniversary of its effective date and shall thereafter be void and of no further value. 1.06.3 Association's Hike and Bike Trails and Parkland Maintenance Obligations. In the event that the Developer completes construction of the Hike and Bike Trails and Parkland the Association's obligation to maintain and repair same shall remain in effect for fifteen (15) years after the effective date of this Agreement or until the last single family lot is recorded, whichever occurs first. The Development and the Project 2.01. The Subdivision shall be laid out, installed and constructed in substantial compliance with the land use study for the Subdivision as approved by the City and all rules, regulations and ordinances of the City including, but not limited to, the City's UDC in effect at the time of approval of the land use study. 2.02. The Project does not include any oversizing of the wastewater or water pipe, line or other facility that is located within the boundaries of the Property except for the Onsite Water Transmission Line System. The City will provide a credit to the Developer towards the City's water impact fees relating to the Property for the difference in the cost to the Developer of over - sizing the Onsite Water Transmission Line based on peak flows from an eight (8) inch line required to serve each Unit of the Subdivision to a twelve (12) inch and sixteen (16) inch line required by the City to provide additional water service to lots or properties located outside of the Subdivision. Project Engineer 3.01. A qualified engineering firm selected and employed by the Developer (the "Engineer') shall act as engineer for the Project. The Engineer shall prepare the design, construction plans and specifications, and supporting documentation for the Project (the "Plans"), which shall be reviewed by the City Engineer for compliance with the City's existing laws, regulations, and Capital Improvement Plans ("City Regulations") and shall be accepted by the City Engineer upon his or her finding, in his or her professional opinion, that the Plans comply with the City Regulations. 3.02. The City agrees to: 3.02.01. coordinate with the Engineer on specific engineering and construction plans; and to review, approve and sign the Plans in a timely manner, if those Plans comply with all local laws, regulations and the City Regulations. 3.02.02. during the course of the Project, after review by the City Engineer for compliance and recommendation by the City Manager, (i) review and approve any necessary change orders in a timely manner, provided that the City Manager determines, in his sole discretion, that such change orders do not substantially diminish the value of PIA_Koehler-Veazey_ Execution Copy Page 6 of 18 the Project to the City; (ii) perform all inspections of the Project (or applicable phases or Units thereof) in a timely manner; (iii) approve the Project (or applicable phases or Units thereof) in a timely manner if constructed in accordance with approved Plans; and (iv) as the phases or Units of the Project are approved, grant the impact fee and other credits provided for in this Agreement applicable to such phases or Units. Performance 4.01. Provided that such dedications fully comply with applicable provisions of the UDC and after review and recommendation by the City Engineer and City Manager have been made, the City hereby agrees: 4.01.1 to accept by special warranty deed or plat dedication, the Hike and Bike Trails and Parkland, and the credit against the City's park development/park improvement fees granted under a drainage easement by and between the owners of Tract 1 (as defined in the definition of "Property" above) and the City recorded in Volume 2360, Pages 351 — 363, of the Deed Records of Guadalupe County, Texas, as full satisfaction of all City ordinance requirements for parkland dedication or mitigation fees and parkland improvement fee and/or parkland impact fees (collectively, the "Park Impact Fees") for the Subdivision. This shall be accomplished by the provision of a credit for the full amount of any Park Impact Fees relating to the Property that are due at the time of subdivision platting and/or building permitting (which fees shall include all Park Impact Fees required to be paid in connection with development of the Subdivision and required for platting the Subdivision and issuing a building permit for construction within the Subdivision). Such credit shall be deemed granted by the City to Developer or its assigns at the time of the City's acceptance of the deed or plat dedicating the Hike and Bike Trails and Parkland for public use, and such credit will be applied to the builder required parkland improvement fee per lot that would otherwise be due at the time of subdivision platting and/or building permit issuance; 4.01.2 to accept the Onsite Water Transmission Line System (or applicable portions thereof), and, at the time of acceptance of the Onsite Water Transmission Line System (or applicable portions thereof) by the City, to credit Developer or its assigns for the difference in the cost to Developer of over -sizing the Onsite Water Transmission Line from the eight inch (8") line required to serve each Unit of the Subdivision to the twelve (12") inch/sixteen (16") inch line required by the City to provide additional water service to lots or properties outside of the Subdivision which utilize the Onsite Water Transmission Line System by providing a credit to the Developer or its assigns toward the City's water impact fees relating to the Property. Such credit shall be assessed by the City to Developer or its assigns at the time of the platting of the applicable portions of the Onsite Water Transmission Line System, and such credit will be applied to the City's water impact fee that would otherwise be due at the time of subdivision platting and/or building permit issuance; PIA_ KoehlerNeazey_Execution Copy Page 7 or 18 4.01.3 subject to Section 4.05, to accept the Street Improvements and public right-of- way dedications described herein (or applicable portions thereof), as full satisfaction of all City ordinance requirements for the transportation/street impact fees relating to the Property and the Subdivision and to provide a credit to Developer or its assigns for the full amount of such transportation/street impact fees relating to the Property. Such credit shall be assessed by the City to Developer or its assigns at the time of the platting of the applicable portions of the Street Improvements, and such credit will be applied to the City's transportation/street impact fees that would otherwise be due at the :time of subdivision platting and/or building permit issuance; 4.01.4 ` to accept the Crossing Structure which will be constructed to accommodate four (4) contiguous lanes of the primary arterial and which will be installed as part of the Street Improvements in full satisfaction of all City ordinance requirements for drainage impact fees for the Subdivision and to provide a credit to Developer or its assigns for the full amount of drainage impact fees relating to the Property. Such credit shall be assessed by the City to Developer or its 'assigns at the time of the platting of the applicable portions of the Crossing; Structure, and such credit will be applied to the City's drainage impact fees that wouldotherwise be due at the time of subdivision platting and/or building permit issuance; 4.01.5 subject to Section 4.05, to, at the time the impact fees are collected on any land adjacent to the 86' ROW that is not owned by Developer, pay to Developer the drainage and transportation/street impact fees collected up to $446,920.00 in consideration of Developer's construction of the third and fourth lanes (with respect to 500 LF) and third lane (with respect to remainder) of the 86' ROW and Crossing Structure; 4.01.6 intentionally deleted 4.01.7 after completion of the Project (or applicable phases or Units thereof) and the Subdivision as constructed, and after review and recommendation by the City Engineer for compliance and conformance with the City's acceptance processes, to accept the Project (or applicable phases or Units thereof) for ownership, operation and maintenance, with the exception of the Hike and Bike Trails and Parkland, which shall be accepted for ownership and operation by the City but shall be maintained by the Association subject to Section 1.06.3, and drainage easements located within the boundaries of the Property which shall be transferred by Developer to the Association in fee simple; 4.01.8 after completion, and conformance with the City's acceptance processes, final acceptance and dedication of the Project (or applicable phases or Units thereof) as provided for herein, and the Developer having, at the Developer's expense, completed the construction of the Project (or applicable phases or Units thereof) and the water lines, facilities and improvements required to be constructed within the Subdivision, and the City, after review by the City Engineer for compliance and recommendation by the City Manager, having accepted the water lines, facilities and improvements within the Subdivision, to use the Project (or applicable phases or Units thereof) and other facilities PIA_Koehler-Veazey_Execution Copy Page 8 of 18 to provide water service within the Subdivision on the same terms and conditions as the City serves similarly situated and occupied properties; provided that upon the payment or credit of impact fees for specific lots, the City shall provide a commitment for service to such lots on the same terms as all other similarly situated customers of the City within the same use category; 4.01.9 to charge Developer, or its successors and assigns, the capital recovery/impact fees, and other fees, charges and rates that were established at the time of approval of the land use study and charged for similarly situated properties and occupancies within the corporate limits of the City, except as otherwise provided herein; and 4.01.10 to acknowledge and agree that Developer shall have no obligation to install or fund any traffic signals except as expressly set forth in this Agreement. The term "Subdivision", as used in this Section 4.01, shall also mean and include any individual phase, section, or Unit of the Subdivision for which all reasonable and necessary utility and other infrastructure has been installed and accepted, and that has been approved, platted, constructed and accepted pursuant to the requirements of the UDC. 4.02. The Developer hereby agrees: (a) to contract with the Engineer for the design, preparation of the plans and specifications for the Project (or applicable phases or Units thereof), and the provision of the services anticipated to be performed by the Engineer pursuant to this Agreement; (b) to incorporate in the Plans for the Project changes made by the City Engineer reasonably necessary for compliance and reasonable recommendations made by the City Manager, (or applicable phases or Units thereof), including the estimated Cost of the Project (as that term is hereinafter defined); (c) to cause and obtain the design, construction and final acceptance of the completed Project, within ten (10) years from the effective date of this Agreement, subject to events of force majeure; and (d) to work and coordinate with the City to assure the actual Cost of the Project is accurately and truly identified and agreed to by the City, including providing City with any documents, invoices or other records City may reasonably request to assure such accuracy; and (e) to develop and construct the Subdivision and development in compliance with the City's standards, rules, regulations and ordinances, save and except only for variances, if any, granted by the City Council pursuant to the UDC or this Agreement. 4.03 Developer agrees, in lieu of payments to the City's Parkland Dedication Fund, to dedicate the Hike and Bike Trails and Parkland, which may include public utility and drainage easements. Such dedications of Hike and Bike Trails and Parkland by Developer to the City (after review by the City Engineer and recommendation by the City Manager) will be deemed full satisfaction of PIA_Koehler-Veazey_Exewtion Copy Page 9 of 18 the parkland dedication requirements of the City's Subdivision Ordinance at the time of subdivision platting and building permitting. Subject to such review by the City Engineer and recommendation by the City Manager (which recommendation will not be unreasonably withheld), the City agrees to accept the dedication of the Hike and Bike Trails and Parkland as provided herein. 4.04. Water Transmission Line. The City and the Developer acknowledge and agree that: 4.04.1 the Onsite Water Transmission Line System is being funded and paid for by the Developer, subject to the credits to be received by Developer as set forth in this Agreement; 4.04.02. that the Onsite Water Transmission Line System to be installed by the Developer will serve the Property and other areas of the City as provided below: 4.04.02.01. the Onsite Water Transmission Line System will have a capacity of greater than 3,845 LUEs (Living Unit Equivalent Unit as defined by City ordinance or code); 4.04.02.02. Developer's reservation of capacity shall not exceed 1,000 LUE's, which may only be transferred to the purchasers or assignees of lots or land located within the Property; 4.04.02.03. the remaining capacity shall be reserved to the City and the City may serve other areas within its service area as it may deem appropriate; and 4.04.02.04. Developer's reservation of capacity shall remain in effect for ninety- nine (99) years after the effective date of this Agreement, after such time any remaining capacity reserved to Developer that has not been transferred to a lot located within the Property shall revert to the City. 4.04.03 the City will limit connection to the Onsite Water Transmission Line System by third parties in order to retain adequate transmission capacity for the Property, unless the City first determines the schedule for additional City funded or third party funded construction for additional capacity is such as to assure that sufficient capacity will be available to secure such third parties and to provide the Developer with not less than 1,000 LUEs of capacity when such LUES are required by Developer; and 4.04.04 the Developer may enforce its capacity rights under this Agreement and this Section 4.04 by action against the City for injunction. 4.05 Special Conditions of Transportation/Street Improvement Credits. PIA_Koehler-Veazey_Execution Copy Page 10 of 18 periodic update process prescribed in Tc Street Improvements are placed on the transportation/street impact fee credits an applicable, to Developer as set forth in t Improvements are not placed on the t anniversary of the effective date of this A receive, by, written notice to the City, inst permit fee credits in an amount,equivalen credits the, Developer would have been pursuant to Sections 4.01.3 and 4.01.5. Sl credits instead of transportation/street imr used to satisfy building permit fees t development within the Subdivision. Su City to Developer or its assigns, at the tim his designee, shall develop a process for ti Cost of the Project de Section 395.052. If the vents shall be eligible for call be provided and paid, as in the event that the Street the fifteenth (15th) month d/or its assigns may elect to impact fee credits, building sportation/street impact fee to receive, as appucaote, receive building permit fee permit fee credits shall be ollected by the City for is shall be provided by the and the City Manager, or of such credits. 5.01. The "Cost of the Project' shall be the reasonable and approved total cost of the Project, including approved change orders, which shall be approved by the City Engineer and be presented to the City Council for their approval, and shall be based upon the sum of the following: (a) the hard construction costs; (b) surveying costs; (c) the cost of soils and materials testing; (d) engineering fees relating to the Project; (e) the fair market value of all land dedicated for right of way; and (f) any other necessary and reasonable out-of-pocket costs expended by the Developer in connection with the Project, provided that all sums and amounts that have not been previously approved by the City Council shall be reasonable and necessary and documented to and approved, if determined by the City Council to be reasonable and necessary by the City, upon completion and final acceptance of the Project by the City, for the purposes of determining the final amount of any agreed credits or other reimbursements to be given to the Developer as herein provided. 5.02. The Developer shall pay the out of pocket Cost of the Project and shall design, install and construct the Project, subject to the terms, provisions and limitations set forth in this Agreement. PIA_Koehler-Veazey_Execution Copy Page I I of 18 5.03. Developer, or its assigns, shall pay, at building permit phase, drainage, water and sanitary sewer impact fees to the City for each lot, tract, parcel and building site developed within the Subdivision or Property pursuant to State law and the City's current ordinances, subject to the credits provided for herein and except to the extent otherwise provided herein. 5.04. Except with respect to the reimbursement provided for in Section 4.01.5, all reimbursements payable by the City pursuant to this Agreement for Public Improvements will be compensated to Developer or its assigns in the form of a credit as authorized by this Agreement and the City's Unified Development Code or other applicable ordinance or statute. Any credits earned and/or achieved by Developer and/or granted or provided by the City to Developer shall have no redeemable monetary value; and under no condition shall the City be liable for any monetary amount under this Agreement, other than in the form of credits as provided herein. 5.05 The reimbursements provided for in Section 4.01.5 shall be accomplished by the payme to the 86ROW that is not owned by Develc ling any provision to the contrary, the City; shall :nt'to developer from any funding source of and transportation/street impact fees collected b, W that is not owned by Developer; and not to 5.06. Intentionally Blank 5.07. The City's obligation to provide credits and reimbursements as the City's contribution to Costs of the Project under this Agreement shall be in accordance with subchapter C of chapter 212 of the Texas Local Government Code including the requirement that the Developer execute a performance bond for each Unit of the Subdivision prior to commencement of construction of such Unit to ensure completion of such Unit in accordance with Chapter 2253 of the Texas Government Code. 5.08. Developer acknowledges that this Agreement is in compliance with section 212.904 of the Texas Local Government Code. Public Utility Easements 6.01. The City agrees to provide use of all necessary City lands, rights of way and easements as may be necessary for construction of the Project. It is acknowledged there is a public necessity for the Project. The easements associated with the Project will be City owned; provided that such improvements are accepted for dedication by the City. The City hereby agrees to provide for the acquisition of any easements and rights of way necessary for the construction of the Project through use of its power of eminent domain, if necessary and authorized to do so by law. Dedication of the Project to City PIA_Koehler-Veany_Execution Copy Page 12 of 18 7.01. Crossing Structure, Onsite Water Transmission Line System and Sheet Improvements. Upon completion of the Crossing Structure, Onsite Water Transmission Line System and Sheet Improvements components of the Project, those components shall be dedicated to the City, through the City's subdivision acceptance processes and/or by special warranty deed(s), and the City shall accept the Project for ownership, operation and maintenance. 7.02. Hike and Bike Trail and Parkland. Upon completion of the Hike and Bike Trail and Parkland component of the Project, that component shall be dedicated to the City, through the City's subdivision acceptance processes and/or by special warranty deed(s), and the City shall accept the Project for ownership and operation and the obligation for maintenance and repair shall be transferred to the Association, as provided in this Agreement. 7.03. Drainage ways or easements located within the boundaries of the Property. All drainage ways or easements located within the boundaries of the Property shall be owned operated and maintainedhepaired by the Association. Assignment of Commitments and Obligations 8.01. The Developer's rights and obligations under this Agreement may be assigned by the Developer to one or more purchasers or successor owners of all or part of the Property; provided, such assignment receives prior written approval of the City Council of the City of Cibolo. City Council approval shall not be unreasonably withheld, conditioned, delayed, or denied. 8.02. This Agreement shall be binding upon the Parties, their successors and assigns. Default 9.01. Notwithstanding anything herein to the contrary, no party shall be deemed to be in default hereunder until the passage of thirty (30) business days after receipt by such party of notice of default from the other party. Upon the passage of thirty (30) business days without cure of the default, such party shall be deemed to have defaulted for purposes of this Agreement, unless such party has commenced to cure such default and is prosecuting the same with reasonable diligence. Notwithstanding the foregoing, commencement of cure, with reasonable diligence, shall only prevent a party from being in default for sixty (60) business days after notice was received and a cure had not been achieved unless the non -defaulting Party agrees to allow the defaulting Party additional time to cure the default. 9.02. In the event of a default, the non -defaulting Party may terminate this Agreement or seek injunctive relief of other equitable relief, including, without limitation, specific performance, to enforce the terms of this Agreement. In no event shall a non -defaulting party be entitled to an award of damages or any other monetary relief. 9.03. In the event Developer and City become involved in litigation with regard to breach of or dispute arising out of this Agreement, the prevailing party shall be entitled to be paid its reasonable attorneys' fees and court costs. In addition, the City shall be entitled to be paid its reasonable attorneys' fees and court costs if it should be the prevailing party in a suit required to PIA_Koehler-Veazey_Hxecution Copy Page 13 of 18 enforce the Association's responsibilities to maintain or repair the Hike and Bike Trail and Parkland. Force Majeure 10.01. The term "force majeure" as employed herein shall mean and refer to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies, orders of any kind of the government of the United States, the State of Texas or any civil or military authority; insurrections; riots; epidemic; landslides; lightning, earthquakes; fires, hurricanes; storms, floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions; breakage or accidents to machinery, pipelines, or canals; or other causes not reasonably within the control of the party claiming such inability, including but not limited to the period, if any, for which development of the Subdivision, or the construction of residences or buildings therein, is limited or suspended pursuant to any moratorium imposed by the City. 10.02. If, by reason of force majeure, any party hereto shall be rendered wholly or partially unable to carry out its obligations under this Agreement, then such party shall give written notice of the full particulars of such force majeure to the other party within thirty (30) days after the occurrence thereof. The obligations of the party giving such notice, to the extent effected by the force majeure, shall be suspended during the continuance of the inability claimed, except as hereinafter provided, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 10.03. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require that the settlement be unfavorable in the judgment of the party having the difficulty. Notices 11.01. Any notice given hereunder by any party to another party shall be in writing and may be affected by personal delivery or by sending said notices by registered or certified mail, return receipt requested, to the address set forth below. Notice shall be deemed given when deposited with the United States Postal Service with sufficient postage affixed. Any notice mailed to the City shall be addressed: City of Cibolo Attn: Robert T. Herrera, City Manager P.O. Box 826 (200 South Main Street) Cibolo, Texas 78108 Telephone: 210/658-9900 Facsimile: 210/658-1687 PIA_Koehler-Veazey_Execution Copy Page 14 of 18 With a copy to: Denton Navarro Rocha & Bernal Attn: Charles E. Zech 2517 No. Main San Antonio, Texas 78212 Telephone: 210/227-3243 Facsimile: 210/225-4481 Any notice mailed to the Developer shall be addressed: Sparrow Real Estate Services, Inc. Attn: Mark Sparrow 865 WC Ranch Road Willow City, Texas 78675 Telephone: 210/722-9211 Facsimile: / With a copes Denham & Ramones Engineering Attn: Paul Denham 1380 Pantheon Way, Suite 290 San Antonio, Texas 78232 Telephone: 210/495-3100 Facsimile: 210/495-3122 With a copy to: Kerr & Jaeckle, PC Attn: Richard Kerr 750 E. Mulberry, Suite 510 San Antonio, Texas 78212 Telephone: 210/738-8750 Facsimile: 210/73 8-878 8 Any party may change the address for notice to it by giving notice of such change in accordance with the provisions of this section. Entire Agreement 12.01. This Agreement together with any exhibits attached hereto, constitutes the entire agreement between the Parties hereto, and may not be amended except by a writing signed by all Parties and dated subsequent to the date hereof. PIA Koehler-Veazey—Execution Copy Page 15 of 18 Effective Date 13.01. This Agreement shall be effective as of the date approved by the City Council of the City and execution by all Parties to this Agreement. The Agreement shall be fully executed by Developer prior to presentation to City Council for approval. Amendment 14.01. This Agreement shall not be modified or amended except by a written instrument executed by the duly authorized representatives of both parties and approved in advance by City Council of the City. Texas Law Governs 15.01. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and shall be performable in Guadalupe County, Texas. This Agreement is fully performable in Guadalupe County and venue shall lie exclusively in said County. Time of the Essence 16.01. The Parties acknowledge and agree that time is of the essence in the performance of this Agreement. PIA—Koehler-Veazey—Execution Copy Page 16 of 18 EXECUTED in multiple originals this the prescribed in Section 13.01, herein. Developer: STATE OF TEXAS § COUNTY OF § day of 2015, to be effective as Sparrow Real Estate Services, Inc., A Texas corporation M Mark Sparrow, President This Public Improvements Agreement was acknowledged before me on the day of , 2015, by Mark Sparrow, President of Sparrow Real Estate Services, Inc., a Texas corporation, on behalf of said corporation. Notary Public, State of Texas PIA _Koehler -Veazey _ Execution Copy Page 17 of 18 City: THE STATE OF TEXAS COUNTY OF GUADALUPE City of Cibolo Robert T. Herrera, City Manager This Public Improvements Agreement was acknowledged before me on the day of 2015, by Robert T. Herrera, City Manager, for and on behalf of City of Cibolo. Notary Public, State of Texas My commission expires:_ PIA_Kochler-Veazey_ Execution Copy Page 18 of 18