~-~cityof city of new braunfels, texas braunfels regular

~-~Cityof ~~New Braunfels

R. Bruce Boyer, Mayor

CITY OF NEW BRAUNFELS, TEXAS REGULAR CITY COUNCIL MEETING

CITY HALL - COUNCIL CHAMBERS 424 S. CASTELL AVENUE

MONDAY, FEBRUARY 28,2011 at 6:00P.M.

Richard Zapata, Councilmember (District 1) Mark Goodner, Councilmember (District 2) Mike Ybarra, Councilmember (District 3)

Sandy Nolte, Councilmember (District 4) Kathleen Krueger, Mayor Pro Tern (District 5) Steven Digges, Councilmember (District 6) Michael Morrison, City Manager

MISSION STATEMENT The City of New Braunfels will add value to our community

by planning for the future, providing quality services, encouraging Community involvement and being responsive to those we serve.

AGENDA

CALL TO ORDER: February 28, 2011 @6:00P.M.

CALL OF ROLL: City Secretary

PLEDGE OF ALLEGIANCE/SALUTE TO THE TEXAS FLAG

INVOCATION:

PRESENTATION:

Councilmember Mike Ybarra

2010 Conservation Project Award, presented by the Lindheimer Chapter of the Texas Master Naturalists

Special Presentation - New Braunfels Police Department Chief Tom Wibert, presenter

REQUEST ALL PAGERS AND PHONES BE TURNED OFF. EXCEPT EMERGENCY ONCALL PERSONNEL.

1. MINUTES Pages 1-9

Consider approving the minutes of the workshop and regular meetings of February 14, 2011. (A. Smith, Interim Deputy City Secretary)

Consider approving the minutes of the workshop meeting of February 22, 2011 . (P. Aten, City Secretary)

City Council Agenda February 28, 2011

of 5 2. CITIZENS' COMMUNICATIONS Page 11

This time is for citizens to address the City Council on issues and items of concern, not on this agenda. There will be no City Council action at this time. (Mayor Boyer)

3. CONSENT AGENDA

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 councilmember or citizen so requests, in which case the item will be removed from the consent agenda and considered as part of the normal order of business.

(A)

(B)

(C)

(D)

(E)

(F)

Resolutions & Action Items

Approval of the City of New Braunfels FY 2010-11 First Quarter Investment Report. (D. Korinchock, Support Services Director) Pages 13-30

Approval of a resolution approving an amendment to a chapter 380 economic development agreement ("Westpointe Village") and authorizing the Assistant City Manager to execute the agreement. Pages 31-40 (A. Wayland, City Atty.)

Authorize the City Manager to apply for Community Partnership Program (CPP) Grant Funds from the Lower Colorado River Authority to fund lighting at Eikel Park. (S. Dicke, Parks and Recreation Director) Page 41

Authorization for the City Manager to enter into joint election agreements between the City of New Braunfels and the New Braunfels Independent School District and the Comal Independent School District. (A. Smith, Interim Deputy City Secretary) Pages 43-54

Approval of a resolution to support the legislative activities of the Alliance of CenterPoint Municipalities during the 82nd session of the Texas Legislature, as they affect gas utility ratemaking. (A. Wayland, City Attorney) Pages 55-59

Approval of a recommendation from the New Braunfels Arts Commission to grant the Historic Outdoor Gallery Of Art of New Braunfels, Inc. a one year extension on the use of the 2010 hotel/motel tax grant award. (P. Aten, City Secretary) Pages 61-62


of 5 (G) Approval of a resolution recommended by the New Braunfels Industrial

Development Corporation regarding the funding of engineering services in connection with downtown parking in the amount of $68,000. (J. Jewell, Development Coordinator) Pages 63-65

(H) Approval of a resolution recommended by the New Braunfels Industrial Development Corporation to provide funds to the City in the amount of $3,000,000 for a portion of the costs of improving FM 306 West of IH-35. (J. Jewell, Development Coordinator) Pages 67-69

(I) Approval of a resolution recommended by the New Braunfels Industrial Development Corporation to provide a grant in an amount up to $250,000 for renovations and expansion of the Brauntex Performing Arts Theatre. (J. Jewell, Development Coordinator) Pages 71-73

(J) Approval of a resolution for the purchase of 2.524 acres of land, New Braunfels, Texas, in the amount of $145,200.00 and authorizing the City Manager to execute all necessary documents. (A. Wayland, Attorney) Pages 75-77

Ordinances (In accordance with Section 3. 10 of the City's Charter, a descriptive

caption of each ordinance shall be read on two separate days.)

(K) Approval of the second and final reading of an ordinance amending Section 144-5.16 of the Code of Ordinances, City of New Braunfels, Texas, Short Term Rental or Occupancy in One and Two Unit Dwelling. (A. Wayland, City Attorney) Pages 79-82

(L) Approval of the second and final reading of an ordinance annexing a 100.007 acre tract of land out of Subdivision No. 33 and Subdivision No.58 of the A.M. Esnaurizar Eleven League Grant Survey, and being a portion of Tract Three, a 112 acre tract of land, all of Tract Four, a 1.93 acre tract of land, and all of Tract Five, an 88.5 acre tract of land located ea$t of FM 1101 and west ofWestmeyer Road adjacent to the existing City Limits. (S. Mattingly, Planning and Community Dev. Director) Pages 83-94

4. INDIVIDUAL ITEMS FOR CONSIDERATION

(A) Public hearing and first reading of an ordinance amending Highland Grove Planned Development District Concept Plan, located on the southeast side of Morningside Drive at Ruekle Road. (S. Mattingly, Planning and Community Dev. Director) Pages 95-127


of 5

(B) Public Hearing and consider approval of the Community Development Block Grant ("CDBG") Consolidated Annual Performance and Evaluation Report ("CAPER"). (S. Mattingly, Planning and Community Dev. Director) Pages 129-156

(C) Public hearing and first reading of an ordinance amending Chapter 130, Article VI, New Braunfels Code of Ordinances, relating to the amendment of land use assumptions and a capital improvements plan and the imposition of water and wastewater impact fees. (S. Mattingly, Planning and Community Dev. Director) Pages 157-193

(D) Discussion and consideration of first reading of an ordinance closing N. Houston Avenue and N. Central Avenue at Union Pacific Railroad Main Line No. 2 and providing a severability clause, and declaring an effective date. (0. Garza, Asst. City Engineer) Pages 195-197

(E) Discuss and consider approval of a resolution creating a Watershed Advisory Committee for the City of New Braunfels; providing for appointment of committee members, terms of office and duties. (N. Pence, Watershed Program Manager) Pages 198-202

5. EXECUTIVE SESSIONS

In accordance with Texas Government Code, Subchapter D, the City Council may convene in a closed session to discuss any of the following items; any final action or vote taken will be in public.

(A) Deliberate and consider the purchase, exchange, lease or value of real property, in accordance with Section 551.072, of the Texas Government Code. (A. Wayland, City Attorney) Page 203

(B) Deliberate issues regarding economic development negotiations in accordance with Section 551.087, of the Texas Government Code. (A. Wayland, City Attorney) Page 203

(C) Deliberate pending/contemplated litigation, settlement offer(s), and matters concerning privileged and unprivileged client information deemed confidential by Rule 1.05 of the Texas Disciplinary Rules of Professional Conduct in accordance with Section 551.071, of the Texas Government Code. (A. Wayland, City Attorney) Page 203

(C) Annual Evaluation of the City Manager, in accordance with Section 551.074, of the Texas Government Code, Personnel Matters. (Mayor Boyer)


of 5

NOTE: The City Council reserves the right to retire into executive session concerning any of the items listed on this Agenda whenever it is considered necessary and legally justified under the Open Meetings Act (Chapter 551 of the Texas Government Code).

ADJOURNMENT

CERTIFICATION

I hereby certify the above Notice of Meeting was posted on the Bulletin Board at the New Braunfels Munici~al Building on February 23, 2011 at 4:10p.m.

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MINUTES OF THE NEW BRAUNFELS CITY COUNCIL

WORKSHOP MEETING OF FEBRUARY 14, 2011

The City Council of the City of New Braunfels, Texas, convened in a Workshop Session on February 14, 2011 at 4:30p.m.

City Councilmembers present were: Mayor Bruce Boyer, presiding; Mayor Pro Tern Kathleen Krueger, and Councilmember's Richard Zapata, Mark Goodner, Mike· Ybarra, Sandy Nolte, and Steven Digges.

City Staff present were: City Manager Michael E. Morrison, Assistant City Manager Robert Camareno, City Secretary Patrick Aten, Interim City Secretary Ann Smith, Public Works Director Steven Ramsey, and City Engineer Jim Klein.

Public Works Director Steven Ramsey and City Engineer Jim Klein gave a briefing on the federally mandated storm water requirements that are applicable for municipalities with populations from 50,000 to 100,000. The Municipal Separate Storm Sewer System (MS4) requirements will cost an estimated $210,000 annually. The Storm Water Management Plan is required to reduce pollutants into rivers and streams, protect water quality and best management practices for six control measures.

Federal mandates require the appointment of a Watershed Advisory Committee to receive community involvement, technical and policy input, and advising on Federal Storm Water Requirements. The policy committee should have nine (9) voting members: an engineer, developer, landscape planner/architect or arborist, business, biological/environment, citizen-at-large, agriculture/watershed landowner, and two citizens representing home owners associations. The second committee would be a technical committee (non-voting members) comprised of representatives from the City (public works director, watershed manager and city engineer), Guadalupe Blanco River Authority, Texas Parks and Wildlife, both Comal and Guadalupe Counties and NBU.

Councilmembers discussed the options for establishing the membership. Councilmember Zapata suggested that different topographies need representation.

A list of identified potential projects was discussed, with a total estimated cost of $45,331,000. Mayor Boyer stated that he felt the projects should be placed before the voters in a bond election.

No action was taken.

Adjournment: This special meeting adjourned at 5:30 p.m.

February 14, 2011 New Braunfels City Council Workshop Meeting 1

L

Date Approved: February 28, 2011

By: R. BRUCE BOYER, MAYOR

Attest:

ANN SMITH, INTERIM DEPUTY CITY SECRETARY

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MINUTES REGULAR CITY COUNCIL MEETING

FEBRUARY 14, 2011

The City Council of the City of New Braunfels, Texas, met in Regular Session on February 14, 2011.

City Councilmembers present were: Mayor Bruce Boyer, presiding; Mayor Pro Tern Kathleen Krueger, and Councilmembers Richard Zapata, Mark Goodner, Mike Ybarra, Sandy Nolte, and Steven Digges.

City Staff present were: City Manager Michael E. Morrison, Assistant City Manager Robert Camarena, City Attorney Alan C. Wayland, City Secretary Patrick Aten, Interim/Deputy City Secretary Ann Smith, Planning and Community Development Director Shannon Mattingly, Public Works Director Steven Ramsey, Assistant City Engineer Octavia Garza, City Engineer Jim Klein, and Police Chief Tom Wibert.

The meeting was called to order by Mayor Boyer in the New Braunfels Municipal Building City Council Chambers at 6:03 p.m. Mayor Boyer led the Pledge of Allegiance and the Salute to the Texas Flag and Councilmember Mark Goodner gave the invocation.

Proclamations: Mayor Boyer proclaimed February 20th through February 26th, 2011 as "National Engineers Week" and presented the proclamation to engineers representing the Public Works Department. Mayor Boyer read and presented a second proclamation to representatives from the Sons of the American Revolution honoring "George Washington".

Oath of Office: Mayor Boyer administered the Oath of Office to newly employed City Secretary Patrick Aten.

1. Minutes: Councilmembers considered approval of the minutes of the special and regular meetings of January 24, 2011 and the special meeting of February 1, 2011.

Councilmember Digges moved to approve the minutes as written. Councilmember Nolte seconded the motion which was unanimously approved by City Council.

2. Citizens' Communications:

Ross Fortune, owner of the Phoenix Saloon, presented a petition concerning the downtown parking issues. Mr. Fortune requested that the City Council consider releasing some of the two-hour parking spaces to "free public parking". Jennifer Wilson, 193 % W. San Antonio Street, James Barlow, 608 Riverside Drive, and Jennie McGlothlin, downtown business owner, all expressed concerns with the lack of unlimited parking in the downtown area. All the comments noted that a parking lot behind the Chase Bank building has recently been closed to the public.

February 14, 2011 New Braunfels Regular City Council Meeting 1

3. Consent Agenda:

Mayor Boyer read Consent Agenda items (A-M) as listed below. Mayor Boyer announced that Item #3-L would be pulled for discussion. Councilmember Digges requested that Item # 3-1 be pulled for discussion. Councilmember Digges moved to approve Items #3A-M and Item #3-0. Councilmember Nolte seconded the motion. Ann Smith, Interim City Secretary, provided a roll call vote: Councilmember Nolte recused herself from Item# 3-L. Voting "aye" on Items 3-A through 3-H; and 3-J, 3-K, and 3-M: Mayor Boyer, Councilmembers Zapata, Goodner, Ybarra, Nolte, Digges and Mayor Pro Tern Krueger.

(A) Approval of a Resolution ordering a Regular Election to be held in the City of New Braunfels, Texas on May 14, 2011, for Regular City Officers; and establishing an Early Voting Location and Polling Places for this Election; and making provisions for the conduct of the Election.

RESOLUTION NO. 2011-R7

(B) Approval of the appointment of Thomas C. Vaughn to the Building Standards Commission· for a term ending October 26, 2011.

(C) Approval of the appointment of Roger Reininger and Nancy Hazelwood to the New Braunfels Housing Authority Board of Commissioners for terms ending January 22, 2013.

(D) Approval of the appointment of Joe Bevilacqua to the Arts Commission for a term ending January 31, 2014.

(E) Approval of the purchase of ammunition for the Police Department from G T Distributors, Inc. on the Buyboard Purchasing Cooperative Contract.

(F) Approval of the renewals of contracts with Poolsure for pool chemicals and Tip Top Cleaners and Dave's Cleaners for uniform cleaning services.

(G) Approval of the renewal of the annual contract with JP Morgan Chase Bank for banking depository services.

(H) Approval of the purchase of grate inlets from Affordable Concrete Products for the Public Works Department Streets Division.

Ordinances (In accordance with Section 3.10 of the City's Charter, a descriptive

caption of each ordinance shall be read on two separate days.)

(J) Approval of the second and final reading of an ordinance rezoning Lot 3, Block 1 Moeller Addition, located at 191 W Klein Road, from "C-3"


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Commercial District and ''APD" Agricultural/Pre-Development District to "C-1A" Neighborhood Business District.

ORDINANCE NO. 2011-16

(K) Approval of the second and final reading of an ordinance designating the structure at 1072 Church Hill Drive to be known as the Eickenroht House as a Historic Landmark.


(M) Approval of the second and final reading of an ordinance amending Section 126 to approve installation of a "HAWK" traffic signal on S. Walnut Avenue at the South Tributary.


Item 3-1: Mayor Boyer read the following caption: Authorization for the City Manager to approve change order 1 for the contract with Texas Sterling Construction for construction services on the Walnut Avenue Project and authorize the City Manager to approve change orders not to exceed $25,000.

Councilmember Digges stated that he had pulled this item from the consent agenda to request that any change orders brought to the City Council be accompanied by a financial recap of allocations, showing all change orders to date for a project.

Councilmember Digges moved to approve the authorization. Mayor Pro-Tem Krueger seconded the motion. Vote was unanimous.

ITEM 3-L: Mayor Boyer read the following caption: Approval of the first reading of an ordinance closing N. Houston Avenue and N. Central Avenue at Union Pacific Railroad Main Line No.2 and providing a severability clause, and declaring an effective date.

Councilmember Nolte recused herself, prior to and discussion or action.

Melvin Nolte, 115 N. Houston Avenue, spoke opposing the closure of N. Houston Avenue due to the emergency traffic. Mr. Nolte requested that the City keep as many streets in the area open as possible.

Councilmember Goodner stated he would like a better understanding of the funding of this project.

Councilmember Goodner motioned to postpone any action on Item 3-L until the regular meeting of February 28, 2011 for the city staff to provide additional options. Mayor Boyer

) seconded the motion. Voting to postpone: Mayor Boyer, Councilmembers Zapata, .•'


Goodner, Ybarra, Digges, and Mayor Pro-tem Krueger.

4. INDIVIDUAL ITEMS FOR CONSIDERATION

Item 4-A: Mayor Boyer read the following caption: Discuss and consider approval of the first reading of an ordinance annexing a 100.007

acre·tract of land out of Subdivision No. 33 and Subdivision No. 58 of the A.M. Esnaurizar Eleven League Grant Survey, and being a portion of Tract Three, a 112 acre tract of land, all of Tract Four, a 1.93 acre tract of land, and all of Tract Five, an 88.5 acre tract of land located east of FM 1101 and west of Westmeyer Road adjacent to the existing City Limits.

The property listed above was purchased by the City in March of 2010.

Councilmember Goodner moved to approve the first reading. Councilmember Digges seconded the motion. Vote was unanimous.

Item 4-B: Mayor Boyer read the following caption: Discuss and consider approval of the first reading of an ordinance annexing 1984.098 acres of land on IH 35 North between FM 1101 and FM 1102 adjacent to the existing City Limits.

Joan Smith, 257 Kohlenberg Road, questioned the Council on what future development would be proposed for this area. · ) Liz Ladshaw, 6035 North IH 35, spoke concerning the possibility this annexation would . create a "donut hole" and water concerns of Crystal Clear Water Supply. Mrs. Ladshaw asked if a "non-annexation agreement" with the City was necessary because her family did not wish to be annexed.

Councilmember Digges moved to approve the first reading. Councilmember Nolte seconded the.motion. Vote was unanimous.

Item 4-C: Mayor Boyer read the following caption: Public Hearing and consideration of a resolution amending the 2006 Future Land Use Plan from "School" to "Commercial" and the second and final reading of an ordinance rezoning 27.172 acres out of Abstract 531, L. Salinas Survey No. 458, located at 220 FM 1863, from "R-2A" Single and Two-Family District to "C-1A" Neighborhood Business District.

RESOLUTION NO. 2011-RB ORDINANCE NO. 2011-19

No one requested to speak at the public hearing. Councilmember Digges moved to close the public hearing. Councilmember Nolte seconded the motion. Vote was unanimous.

Councilmember Nolte moved to approve the second and final reading. Councilmember Zapata seconded the motion. A roll call vote was taken. Voting "aye": Councilmembers


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Zapata, Goodner, Ybarra, Nolte, Digges and Mayor Boyer. Voting "nay": Mayor Pro-tem Krueger. Motion carried by 6-1 vote.

Item 4-D: Mayor Boyer read the following caption: Discuss and consider the second and final reading of an ordinance rezoning 47.97 acres located on the west side of Oak Run Parkway, approximately 2, 000 feet north of Loop 337, from "R-1 A-8" Single Family District with Restrictions to "Enclave at Westpointe Village Planned Development District" with Concept Plan.


Planning and Community Development Director Shannon Mattingly briefed the Council on past requirements of this rezoning requ~st. Director Mattingly discussed the applicants request for a Planned Development District (POD) with R-1A-8 base zoning and the concept plan requirements.

Discussion was entered into regarding the developer originally proposing to dedicate 10 acres of parkland on Mission Hill to the City; however, after further review the City Staff does not believe it would be beneficial to include in the POD, as it cannot be used to meet the required park land dedication requirements. Director Mattingly noted that the City Staff recommends requiring dedication by a separate instrument.

Steve Drenner, attorney representing the applicant, stated they had entered into a Memorandum of Understanding with the New Braunfels Park Foundation on January 20, 2011. There was much discussion on the park land and performance bonds. Mr. Drenner agreed on behalf of the applicant that an escrow account would be established prior to the recordation of the plat. Mr. Drenner stated that no building permits would be issued until all of the dedication was satisfied.

Councilmember Ybarra moved to approve the second and final reading. Mayor Pro-tem Krueger seconded the motion. A roll call vote was taken. Voting "aye" Councilmember Zapata, Ybarra, and Mayor Pro-tem Krueger. Voting "nay": Councilmember Goodner, Nolte and Digges. Mayor Boyer invoked the tie breaker rule by voting yes. Motion carried 4-3.

Director Mattingly received clarification from the City Council regarding adding drainage and streets to the performance bond section when the coverage period begins. Also, streets and utilities will be covered by the maintenance bond and drainage improvements will be covered by the performance bond.

Item 4-E: Mayor Boyer read the following caption: Discuss and consider the first reading of an ordinance amending Section 144-5. 16 of the Code of Ordinances, City of New Braunfels, Texas, Short Term Rental or Occupancy in One and Two Unit Dwelling.

Councilmember Digges moved to approve the first reading. Mayor Pro-tem Krueger seconded the motion. Vote was unanimous.


Item 4-F: Mayor Boyer read the following caption: ) Discuss and consider authorizing the City Manager to enter into a contract modification for changes in the professional services contract with Halff Associates, Inc. for the North Tributary Flood Control Project to add designs for local drainage improvements.

Councilmember Ybarra moved to authorize the City Manager to enter into the contract modification. Councilmember Digges seconded the motion. Vote was unanimous.

Item 5-D: Mayor Boyer read the following caption: In accordance with Texas Government Code, Subchapter D, the City Council may convene in a closed session to discuss any of the following items; any final action or vote taken will be in public.

Annual Evaluation of the City Manager, in accordance with Section 551.074, of the Texas Government Code, Personnel Matters.

Mayor Boyer came out of executive session at 9:03p.m. and announced that no action would be taken, at this time.

Adjournment: Mayor Boyer adjourned the regular meeting at 9:05p.m.



Attest:

ANN SMITH, INTERIM DEPUTY CITY SECRETARY


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MINUTES OF THE NEW BRAUNFELS CITY COUNCIL

WORKSHOP MEETING OF FEBRUARY 22, 2011

The City Council of the City of New Braunfels, Texas, convened in a Workshop Session on February 22, 2011 at 4:30 p.m.

City Councilmembers present were: Mayor Bruce Boyer, presiding; and Councilmember's Richard Zapata, Mark Goodner, Mike Ybarra, Sandy Nolte, and Steven Digges.

City Councilmembers absent were: Mayor Pro Tern Kathleen Krueger.

City Staff present were: City Manager Michael E. Morrison, City Attorney Alan Wayland, Assistant City Manager Robert Camareno, City Secretary Patrick Aten, Support Services Director Debi Korinchock, Fire Chief John Robinson, Parks and Recreation Director Stacey Laird-Dicke, and Public Works Director Steven Ramsey.

Mayor Boyer discussed the financing of capital improvement projects. Michael Morrison and Debi Korinchock discussed the possibility of rising interest rates and the 2011 Certificates of Obligation Capital Improvement Fund.

Stacey Laird-Dicke discussed bridge improvements at Landa Park. Mayor Boyer suggested some of the improvements could be a collaborative community project.

City Council and Michael Morrison discussed the widening of FM 306, with financing for the project coming from the City and other partners.

No action was taken.

Adjournment: This special meeting adjourned at 5:30 p.m.



Attest:

PATRICK ATEN, CITY SECRETARY


f',,Cityof ~U New Braunfels "-.

City Council Agenda Item Report February 28, 2011

Agenda Item No. 2 Presenter/Contact - Mayor Boyer

SuBJECT: CITIZENS' COMMUNICATIONS

BACKGROUND/RATIONALE:

This time is for citizens to address the City Council on issues and items of concern, not on this agenda. There will be no City Council action at this time.

ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:

I City Plan/Council Priority:

FISCAL IMPACT: N/A

BOARD/COMMISSION RECOMMENDATION:

N/A

STAFF RECOMMENDATION:

N/A

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,..., City of

~-.New Braunfels City Council Agenda Item Report February 28, 2011

Agenda Item No. 3 A Presenter/Contact - Deborah Korinchock, Support Services Director

(830) 221-4385 - [email protected]

SUBJECT: Approval of the City of New Braunfels FY 2010-11 first quarter investment report


State of Texas statutes require quarterly investment reports to be presented to the governing body of a municipality. Attached for Council consideration is the FY 2010-11 first quarter investment report to meet these statutory requirements. As of December 31, 2010, the end of the City of New Braunfels first quarter for FY 2010-11, the City had $49,356,505 (market value) invested in different investment instruments as shown below. This represents an increase in reported investments of $7,949,281 or 19 percent from the end of the prior quarter. However, In the last quarter, $12 million in City funds was in the City's operating bank account at the time of the quarterly report; those funds were, as a result, not captured in this investment report. Therefore, the actual available investment balance at September 30, 2010 was closer to $53.4 million. The funds were re-invested October 1, 2010. So the current quarter shows a slight decline from that level which is caused mainly because the property taxes come due in late January, which represents a significant portion of the City's revenue. Expenses for the quarter are paid, drawing down funds which will be replenished when property taxes are received.

Investment Type: Money Market Pools Agency Notes and Agency Discount Notes

Weighted Average Maturity of Portfolio Weighted Average Yield for Portfolio

Amount Invested (Dollars in millions)

$.18 $22.18 $27.00

274 days .335%

Average Yield 90 Treasury Bill for same period Average Yield 180 day Treasury Bill for same period

.14%

.18%

For this quarter, the weighted average yield on the City's investments is .335 percent, which is slightly below the last quarter's earnings of .502 percent. The current market and economic conditions have continued to negatively impact interest rates. However, the City's overall yield is still above the 90 and 180 day Treasury Bills for the same period.

) The weighted average maturity of the City's portfolio has decreased in comparison to the fourth quarter of the fiscal year - from 388 days to 27 4 days due to some longer term investments in federal agency coupon securities being called by the seller. Every effort continues to be made to

Page 1 of2

maintain the City's liquidity for payment of expenditures while maximizing interest earnings in this continued low interest rate market.


N/A

' Yes I City Plan/Council Priority: I Effective Management- Maintain fiscal

\1 stability of City operations

FISCAL IMPACT:

None


N/A


Approval of the FY 2010-11 first quarter (through December 31, 201 0) Investment Report

Page 2 of2

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Quarterly Investment Report Certification

This report fairly represents the investment standing of the City of New Braunfels as of December 31, 2010 and the investment activity for the period October 1, 2010 through December 31, 2010.

I believe the data presented for the quarter ending December 31, 2010 is accurate in all material respects, and is presented in a manner that fairly sets forth the investment standing of the City of New Braunfels. I further believe that all data necessary to represent the activity for the quarter is included in this report.

This report was prepared in compliance with the State of Texas "Public Funds Investment Act" and the City ofNew Braunfels Investment Policy.

Charles Gardner Finance Manager City of New Braunfels

Date

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·-~ City of ~J ~::· · . New Braunfels "'n i?

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Quarterly Investment Report Ending December 31,2010

PATTERSON & ASSOCIATES

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Closing Out the Year 2010

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As is expected each January, we started the 201 0 on a hopeful note as business inventories were being increased (anticipating increased spending) and temporary Federal support was still in the mix. As we moved into the 2nd quarter we saw a slow-down and (unrealistic) fears of a doubledip appeared. In the second half of the year there have been some slight improvements in consumer spending and business capital investments. As we end the year, jobs remain the main problem and headwind. The private sector is slowing adding jobs but companies have used their reserves and the time to contain costs and purchase technology, which may replace jobs permanently (i.e. job destruction) We will need strong economic growth to improve the jobs picture.

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Some Uncertainty Leaves, but Job Growth Reigns Supreme

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•

•

The unemployment rate averaged 9.67% in 201 0 (with Dec. estimated to follow with 9.7%). That compares to 7.4% in Dec '08. If not bad enough, the 'under-employment' rate of those who settle for part-time jobs, are out of or have given up on jobs is 17% (from 8.8% in 12/07). Holiday shopping, up about 4% in Dec., showed a healthy gain, but this at the loss of savings. The headwinds are familiar from 1/20/10. •

•

• •

Housing remains moribund and foreclosures are a drag on the banks, State and local governmental budget cuts will further cut jobs and spending, Federal stimulus programs are fading, and commodity prices are gaining due to supply (copper and cotton) or on a weaker dollar.

The overall forecast remains one of very slow growth and low rates until that growth increases. GOP at 2.6-3.0% will not get us there.

. .___.:

-~ City of New Kraunfels, Texas

Operating Fund Quarterly Investment Report September 3 0, 2010 - December 31, 2010

Portfolio Summary Management Report

-._/

This quarterly report is in compliance with the investment policy and strategy as established by the City and the Public Funds Investment Act (Chapter 2256, Texas Government Code).

Portfolio as o(_SeJl.tember 30, 2010 Portfglio as o(_December 31, 2010 Beginning Purchase Principal $ 41,388,006 Ending Purchase Principal Beginning Book Value $ 41,391,537 Ending Book Value Beginning Market Value $ 41,407,224 Ending Market Value

Unrealized Gain/Loss $ 15,687 Unrealized Gain/Loss Change in Unrealized Gain/Loss

W AM at Beginning Period Date' 388 days W AM at Ending Period Date' Change in Market V alue2

Average Yield to Maturity for period AYerage Yield 90-day Treasury Bill for period Average Yield 180-day Treasury Bill for period

0.335% 0.140% 0.180%

Prepared by:

City ofNew Braunfels Deborah A. Korinchock, CFO

$ $ $

$ $

$

1 W AM represents weighted average maturity. 2 Change in Market Value is required data, but will primarily reflect the receipt and expenditure of the City's funds from quarter to quarter.

49,364,171 49,364,226 49,356,505

(7,721) (23,408)

274 days 7,949,281

""""'· ,.,

\~

Short Term Rates

6.0~-----------------------------------------------------~

5.0 r----------------------_J

4.0 3.0 I ,-2.0 --- Mar-10 -- Jun-10

1.0 Oct-10

---~ - I

0.0 +- // 10-Dec - - ..... - - __,.,.,

o/n 3mo 6mo lyr 2yr 3yr Syr 7yr 10yr 30yr

• The Fed's quantitative easing (QE2) began in earnest in November. The expectation and prior move to lower rates was anticipated with this $600bb purchase by the Fed.

• The move was designed to also drive investors to riskier equity positions. • However, as the purchases began, the market rates backed up driving the 7 through 30

year maturities between a third and a half percentage point and moving us back to June's levels.

• All the maturities out to the two-year area have not moved as investors refuse to give up the comfort and safety of the short end money market funds.

• Only fJOOd economic news will move rates higher since other major factors do not appear to be potsed to change. .

~

·~ .._-·

'-__.'

Your Portfolio As of December 31, 2010

• P&A constantly reviews your portfolio for optimal asset allocation and controlled average maturity because a diversified portfolio can better adjust to volatile market conditions.

• The extremely low short-term rates make diversification difficult and they are expected to continue now probably into 2012.

• Collateralized COs are disappearing as an option as banks remain uninterested in new funds. It appears that the Financial Regulations bill will not change this. Basel Ill but not for awhile.

• Banks are flush with funds on their balance sheets. They are concerned with credit quality on loans and must monitor risk for the regulators.

• Your net yield of 0.33% compared to some basic benchmarks generated additional quarterly earnings of:

• Q 3 mo. T-Bill • Q 6 mo. T-Bill • Q 1 yr T-Bill • Texpool

$23,404.89 $ 18,585.65 $8,947.17 $ 17,661.96

Agency 54.69%

~~~ ,~,

~~~ ~\

~~~

,--J

_ . City of ~J :~ .. -· New Braunfels "' ? 4

MM 0.00%

Bank 0.37%

0.62%

~ ~~ o" o" o" o" 0 ~ ~ ~ ~ ~~ ';),~ ..., ~ '13 ,ro roOj Of v ...,

I I

PATTEJt.;&DM a ·A.'.I!Ii.BII G l.li.T.E&

-:-7 ;?::>7 i;.QEt:;:T ;;::.~E!:!PE~$~ ·~ ~-~Z-.:5.

investments Par

Value

Federal Agency Coupon Securities 27,000,000.00

TexPool 21,872,075.17

MBIACiass 307,655.47

JPMorgan Chase 185,190.14

Investments 4!:1,364,920. 78

Cash and Accrued Interest Accrued Interest at Purchase

Subtotal

Total Cash and Investments 49,364,920.78

Total Earnings December 31 Month Ending

Current Year 11,856.34

Average Daily Balance 42,442,406.30

City of New Braunfels, Texas Portfolio Management

Portfolio Summary Decernber31,2010

Market Book Value Value

26,991,584.00 26,999,304.84

21,872,075.17 21,872,075.17

307,655.47 307,655.47

185,190.14 185,190.14

49,356,504.78 49,364,225.62

3,372.22 3,372.22

3,372.22 3,372.22

49,359,877.00 49,367,597.84

Fiscal Year To Date

49,159.53

40,873,811.14

%of Portfolio Term

54.69 559

44.31 1

0.62 1

0.38 1

100.00% 306

306

Days to Maturity

501

1

1

1

274

274

Patterson & Associates 301 Congress Ave

Suite 570 Austin, TX, 78701

YTM 365 Equiv.

0.444

0.168

0.240

0.220

0.319

0.319

The following reports are submitted in accordance with the Public Funds Investment Act (Texas Gov't Code 2256). The reports also offer supplemental information not required by the Act in order to fully inform the governing body of the City of New Braunfels, Texas of the position and activity within the City's portfolio of investments. The reports include a management summary overview, a detailed inventory report for the end of the period, a transaction report, as well as graphic representations of the portfolio to provide full disclosure to the governing body.

Debi Korinchock, Chief Financial Officer

Reporting period 12101/2010·12131/2010

Run Date: 01/26/2011 - 13:51

' \,_./ ·--...--

Portfolio NB AP

PM (PRF_PM1) 7.1.1 Report Ver. 7.1.4

~-

PATUU.DI. 111r '.AlEI

IPilfEt:.TtlElllii Pli:ilr-E;i;~I(IIJlr,Lt;

Secu!:!!l T;tee

Fund: Certs Fund #304

MBIAClass


Money Market

TexPool


Money Market

TexPool


JPMorgan Chase

Money Market

TexPool

Fund: General Fund

Federal Agency Coupon Securities

Money Market

TexPool

Run Date: 01/26/2011 - 13:55

·..._.,..·

City of New Braunfels, Texas Summary by Type December 31, 2010 Grouped by Fund

Number of Par Investments Value

1 307,655.47

Subtotal 1 307,655.47

1 0.00

1 3,809,510.97

Subtotal 2 3,809,510.97

1 0.00

1 4,461,744.10

Subtotal 2 4,461,744.10

1 185,190.14

1 0.00

1 4,1 07,675.52

Subtotal 3 4,292,865.66

5 27,000,000.00

1 0.00

3 9,493,144.56

Subtotal 9 36,493,144.58

Market Value

307,655.47

307,655.47

0.00

3,809,510.97

3,809,510.97

0.00

4,461,744.10

4,461,744.10

185,190.14

0.00

4,107,675.52

4,292,865.66

26,991,584.00

0.00

9,493,144.58

36,484,728.58

Total and Average 17 49,364,920.78 49,356,504.78

o/o of Portfolio

0.62 ---

0.62

0.00

7.72 ---7.72

0.00

9.04 ---9.04

0.38

0.00

8.32 ---

8.70

54.69

0.00

19.23 ---

73.92

100.00

~ Patterson & Associates

301 Congress Ave Suite 570

Austin, TX, 78701

Average Average Days YTM 365 to Maturity

0.240

0.240

0.000

0.168

0.168

0.000

0.166

0.168

0.220

0.000

0.168

0.170

0.444

0.000

0.168

0

0

1

0

501

0

0.372 371

0.319 274

Portfolio NB AP

ST(PRF_Sn7.1.1 Report Ver. 7.1.4

I' c.

PATIEilUII I lloliiDCIATE&

··· f;'L:. "-1' l.i.1i?~·~··:· ;~ftr:?F~03 H~ :§.~t_:;-

CUSIP investment# Issuer

MBIA Class

999999995 8002 MBIACiass

Run Date: 01/26/2011 - 13:52

~-{

\_/

j__ -------- -------------

City of New Braunfels, Texas Fund CERTS - Certs Fund #304

Investments by Fund December 31, 2010

Purchase Date Book Value Par Value

10/01/2006 307,655.47 307,655.47

Subtotal and Average 307,655.47 307,655A7

Total Investments and Average 307,655.47 307,655A7

.._.....-

Current Market Value Rate

307,655.47 0.240

307,655.47

307,655.47

YTM 360

0.236



YTM Maturity Days To 365 Date Maturity

0.240 ------0.237 0.240

0.237 0.240

-.. ..__./

Portfolio NB AP

FI(PRF_FI)7.1.1 ReportVer. 7.1.4

I' .[

\.._/

CUSIP Investment# Issuer

TexPool

999999994 99 TexPool

Money Market

4011013424 81 Texas Capital Bank

Run Date: 01/26/2011 -13:52

'-.__/

Fund CERTS307 - Certs Fund #307



11/18/2010 3,809,510.97 3,809,51 0.97

Subtotal and Average 3,809,510.97 3,809,510.97

02/22/2010 0.00 0.00

Subtotal and Average o.oo o.oo Total Investments and Average 3,809,510.97 3,809,510.97

Current YTM Market Value Rate 360

3,809,510.97 0.168 0.165

3,809,510.97 0.165

0.00 0.250 0.246

0.00 o.ooo 3,809,510.97 0.165

·~

YTM 365

0.167 ---0.168

0.250 ---0.000

0.168

--._,.,.-./

Pag1

Maturity Daym Date Mabl

~ t

Portfolio

FI(PRF_FI) ReportVer.

CUSIP Investment# Issuer

TexPool

999999994 100 TexPool

Money Market

4011013432 79 Texas Capital Bank

Run Date: 01126/2011 - 13:52

··~·

Fund CERTS308 - Certs Fund #308 Investments by Fund December 31, 2010


11/18/2010 4,461,744.10 4,461,744.10


02/22/2010 0.00 0.00

Subtotal and Average 0.00 o.oo Total Investments and Average 4,461,744.10 4,461,744.10

'-.._/.


4,461,744.10 0.168 0.165

4,461,744.10 0.165

0.00 0.250 0.246

.0.00 0.000

4,461,744.10 0.165

YTM 365

0.167 ---0.168

0.250 ---0.000

0.168

'•.._/

Pag'

Maturity Days Date Matu

"' c

Portfolio

Fl (PRF _Fl) 7

Report Ver. 1

\~

CUSIP Investment#

TexPool

999999994 98

JPMorgan Chase

2931050237 70

Money Market

4011013440 82

Run Date: 01/26/2011 - 13:52

Issuer

TexPool

JPMorgan High Yield Savings

Texas Capital Bank

·~·

Fund CERTS309 - Certs Fund #309



11/18/2010 4,107,675.52 4,107,675.52


09/02/2009 185,190.14 185,190.14

Subtotal and Average 185,190.14 185,190.14

02/22/2010 0.00 0.00

Subtotal and Average o.oo 0.00

Total Investments and Average 4,292,865.66 4,292,865.66

---~-


4,1 07,675.52 0.168 0.165

4,107,675.52 0.165

185,190.14 0.220 0.216

185,190.14 0.217

0.00 0.250 0.246

0.00 0.000

4,292,865.66 0.168

\._/

YTM 365

0.167 ---0.168

0.220 ---0.220

0.250 ---0.000

0.170

Page4

Maturity Days To Date Maturity

0

Portfolio NB AP

Fl (PRF_FI) 7.1.1 Report Ver. 7 .1.4

1\

------------------------------------------------------~~

Fund GENERAL - General Fund Investments by Fund December31,2010

Purchase Current CUSIP Investment# Issuer Date Book Value Par Value Market Value Rate

Federal Agency Coupon S·ecurities

313371FN1 95 FHLB Call Note 10/26/2010 5,000,000.00 5,000,000.00 4, 998,765.00 0.350

313371FN1 96 FHLB Call Note 10/26/2010 5,000,000.00 5,000,000.00 4,998,765.00 0.350

3134G1WJ9 97 FHLMC Call Note 11/24/2010 4,999,304.84 5,000,000.00 4,993,035.00 0.500

3136FPT49 101 FNMA Step Note 12/28/2010 5,000,000.00 5,000,000.00 5,000,305.00 0.625

3136FPFV4 93 FNMA Step Note 09/23/2010 7,000,000.00 7,000,000.00 7,000,714.00 0.400

Subtotal and Average 26,999,304.84 27,000,000.00 26,991,584.00

TexPool

999999997 91 TexPool Miscellaneous Funds A 06/10/2010 496,013.78 496,013.78 496,013.78 0.168

999999998 92 TexPool Miscellaneous Funds B 06/10/2010 1,321,523.50 1,321,523.50 1,321,523.50 0.168

999999994 8000 TexPool 10/01/2006 7,675,607.30 7,675,607.30 7,675,607.30 0.168

Subtotal and Average 9,493,144.58 9,493,144.58 9,493,144.58

Money Market

4011013415 78 Texas Capital Bank 02/22/2010 0.00 0.00 0.00 0.250

Subtotal and Average 0.00 0.00 o.oo Total Investments and Average 36,492,449.42 36,493,144.58 36,484,728.58

Run Date: 01/26/2011 - 13:52

··~ ···-·

YTM 360

0.345

0.345

0.503

0.616

0.394

0.438

0.165

0.165

0.165

0.165

0.246

0.000

0.367

PageS

YTM Maturity Days To 365 Date Maturity

0.350 11/15/2011 318

0.350 11/15/2011 318

0.510 04/20/2012 475

0.625 12/28/2012 727

0.399 09/10/2012 618 ---0.444 500

0.167

0.167

0.167 ---0.168

I\ 0.250 10

0.000

0.372

. .__:

---0

370

Portfolio NB

AP Fl (PRF _FI) 7.1.1 Report Ver. 7.1.4

"-"

City of New Braunfels, Texas Purchases Report

Sorted by Fund - Fund ·.;~-~~¥~E~~ ?ijijP~~~~U~~Lh October 1, 201 0 - December 31, 2010

Sec. Original Purchase Principal CUSIP Investment# Fund Type issuer Par Value Date Payment Periods Purchased -Certs Fund #307

999999994 99 CERTS307 RRP TXPOOL 900,000.00 11/1812010 I -Monthly 900,000.00

Subtotal 900,000.00 900,000.00

Certs Fund #308

999999994 100 CERTS308 RRP TXPOOL 1,000,000.00 11/18/2010 I -Monthly 1,000,000.00

Subtotal 1,000,000.00 1,000,000.00

Certs Fund #309

999999994 98 CERTS309 RRP TXPOOL 1,500,000.00 11/18/2010 I -Monthly 1,500,000.00

Subtotal 1,500,000.00 1,500,000.00

General Fund

313371FN1 95 GENERAL FAC FHLBC 5,000,000.00 10/2612010 04126- 10126 5,000,000.00

313371FN1 96 GENERAL FAC FHLBC 5,000,000.00 10126/2010 04126-10126 5,000,000.00

3134G1WJ9 97 GENERAL FAC FHLMCC 5,000,000.00 11/24/2010 04/20- 10120 4,999,250.00

3136FPT49 101 GENERAL FAC FNMAS 5,000,000.00 12/28/2010 06/28-12/28 5,000,000.00

Subtotal 20,000,000.00 19,999,250.00

Total P~.nrchases 23,400,000.00 23,399,250.00

Run Date: 01128/2011 - 11 :26

Accrued Interest Rate at Maturity at Purchase Purchase Date

0.192

0.00

0.192

0.00

0.192

0.00

0.350 1111512011

0.350 1111512011

2,361.11 0.500 0412012012

0.625 12/2812012

2,361.11

2,361.11

-~·

Patterson & Associates

YTM

0.192

0.192

0.192

0.350

0.350

0.511

0.625

301 Congress Ave Suite 570

Austin, TX, 78701

End in! BookValu1

3,809,510.9:

3,809,510.9:

4,461,744.11

4,461,744.11

4,1 07,675.5:

4,107,675.5:

5,000,000.01

5,000,000.01

4,999,304.8•

5,000,000.01

19,999,304.8•

32,378,235.4:

Portfolio NB AP

PU (PRF_PU) 7.1.1 Report Ver. 7.1.4

PATTE ... lliD.III ~ llli,I.IJ:GIAl£1 - ,.- .- ·->J~~~x

co ·j\".·,(\1

City of New Braunfels, Texas Sales/Call Report

Sorted by Maturity Date - Fund ll;i;'Et> Tt:lellJ 1i t'!iiflf'ESSI ~ fa~ttLi; October 1, 2010 - December 31, 2010

Issuer Purchase Redem. Date Par Rate at Book Value CUSIP Investment# Fund Sec. Type Date Matur. Date Value Red em. atRedem.

04/12/2012

3128X94HO 85 CERTS307 FHLMCS 04/12/2010 10/12/2010 1,000,000.00 0.500 v 999,062.50 FAC 04/12/2012



3128X94HO 84 GENERAL FHLMCS 04/12/201 0 1 0/12/201 0 6,000,000.00 0.500 v 5,994,375.00 FAC 04/12/2012

Subtotal 9,000,000.00 8,991 ,562.50

05/17/2012

3134G1BD5 89 GENERAL FHLMCS 05/24/2010 11/17/2010 5,000,000.00 0.550 v 4,996,213.18 FAC 05/17/2012

Subtotal 5,000,000.00 4,996,213.18

06/07/2012

3134G1ENO 90 GENERAL FHLMCS 06/07/2010 12/07/2010 5,000,000.00 0.625 v 5,000,000.00 FAC 06/07/2012

Subtotal 5,000,000.00 5,000,000.00

Total Sales 19,000,000.00 18,987,775.68

V - Security with variable rate change.

Run Date: 01/28/2011-11:31

r .__.. '~

Redemption Redemption Principal Interest

1,000,000.00 2,500.00

1,000,000.00 2,500.00

1,000,000.00 2,500.00

6,000,000.00 15,000.00

9,000,000.00 22,500.00

5,000,000.00 13,750.00

5,000,000.00 13,750.00

5,000,000.00 15,625.00

5,000,000.00 15,625.00

19,000,000.00 51,875.00


Total Amount

1,002,500.00 Call

1,002,500.00 Call

1,002,500.00 Call

6,015,000.00 Call

9,022,500.00

5,013, 750.00 Call

5,013,750.00

5,015,625.00 Call

5,015,625.00

19,051,875.00

-~/


Netlncom

3,437.5

3,437.5

3,437.5

20,625.0

30,937.5

17,536.8

17,536.8 I I

15,625.0

15,625.0

64,099.3

Portfolio NB AP

SA(PRF_SA) 7.1.1 ReportVer. 7.1.4

~~-: -:,

. City of ~J : New Braunfels City Council Agenda Item Report February 28, 2011

Agenda Item No. 3 L3 Presenter/Contact- Alan C. Wayland, City Attorney

(830) 221-4284- [email protected]

SUBJECT: Approval of a resolution approving an amendment to a chapter 380 economic development agreement ("Westpointe Village") and authorizing the Assistant City Manager to execute the agreement.


The City entered into a Chapter 380 Economic Development Agreement with Investor Grossenbacher Partnership and NB Retail, Ltd. (Barshop and Oles Company) (the "Owners") for reimbursement of a portion of the public infrastructure costs, specifically the construction of the Oak Run Parkway extension and Independence Drive extension as well as traffic signal improvements, that are necessary for the Westpointe Village development. The Westpointe Village development includes the new H-E-B supermarket on State Highway 46. The amendment accomplishes three things. First, it allows for aggregate reporting of sales tax to the City by the state comptroller before the four store requirement is met if the stores do not agree to individual reporting. Second, it confirms the reimbursement amount to the developer ($4, 117,000). Third, it allows the City Manager or his designee to execute estoppel certificates in the future. The resolution authorizes the Assistant City Manager to execute the amendment since the City Manager has a relative that is an officer with H-E-B.



FISCAL IMPACT:

N/A


N/A


Staff recommends approval of the Resolution.

Legal/Common/Forms/Agenda ltem/2011/Resolution.Westpointe Village Ch 380 Amendment

RESOLUTION NO. 2011-

A RESOLUTION APPROVING A CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT AMENDMENT WITH INVESTOR GROSENBACHER PARTNERSHIP AND NB RETAIL LTD. ASSOCIATED WITH THE WESTPOINTE VILLAGE PROJECT AND AUTHORIZING THE ASSISTANT CITY MANAGER TO EXECUTE THE AMENDMENT.

WHEREAS, Texas Local Government Code Chapter 380 authorizes the City Council to establish and provide for the administration of one or more programs for making loans and grants of public money to promote local economic development and to stimulate business and commercial activity in the City;

WHEREAS, the City Council of the City of New Braunfels has previously passed a Resolution 2008-R54 on December 8, 2008 approving a Chapter 380 agreement with the developer of the Westpointe Village Project;

WHEREAS, the developer and the City seek to amend the agreement to provide for sales tax reporting, issuance of estoppels agreements, and to confirm the reimbursement amount under the terms of the agreement; and

WHEREAS, the City Council finds that amending the Chapter 380 agreement would be beneficial to the state and local economy of the City of New Braunfels, Texas and to the citizens of the City of New Braunfels, Texas.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS:

THAT, the attached "First Amendment to the Chapter 380 Economic Development Agreement" between the City of New Braunfels, Texas and Investor Grosenbacher Partnership and NB Retail, L TO.," incorporated herein by reference as a part of this Resolution for all purposes, is hereby approved.

THAT, the Assistant City Manager, Robert Camarena, is hereby authorized to execute the attached Agreement on behalf of the City of New Braunfels, Texas.

ADOPTED AND APPROVED this the 28th day of February, 2011.

CITY OF NEW BRAUNFELS, TEXAS

By: ______________________ __

R. BRUCE BOYER, Mayor

Legai!Resolutions/Westpointe Village/Resolution Approving Agreement Amendment

'• ... )

FIRST AMENDMENT TO CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT

This FIRST AMENDMENT TO THE CHAPTER 380 ECONOMIC DEVELOPMENT

AGREEMENT (this "First Amendment"), is made and entered into this 28th day of February,

2011, to be effective as of the Effective Date (as hereinafter defined), by and between IGP

Partners, LLC, a Texas limited liability company, successor by way of conversion from

Investor Grosenbacher Partnership, and NB Retail, Ltd., a Texas limited partnership

(collectively, the "Owner"), and The City of New Braunfels, Texas, a home-rule municipal

corporation (the "City"). The Owner and City may be referred to jointly herein as "the Parties"

and individually as a "Party."

WITNE SETH:

WHEREAS, the Owner and the City entered into a Chapter 3 80 Economic Development

Agreement (the "Agreement"), pursuant to City Resolution No. 2008-R-54, adopted on

December 8, 2008; and

WHEREAS, the Owner and the City now desire to modify the Agreement to facilitate the

collection of information and accurately determine sales tax amounts due to both the City and the

Owner, as hereinafter set forth.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the

Parties hereby agree as follows:

1.

The "Effective Date" of this First Amendment as said term is used herein, shall be

February 28, 2011.

2.

Effective as of the Effective Date, the Section 6.5 of the Agreement shall be replaced in

its entirety by the following text:

C:\Documents and Settingslpaten\Local Settings\Temporary Internet Files\Content.Outlook\QM2KIHXB\Wespointe Village Amendment to City 380 agreement final 2 7 Il.doc Page 1 of7

)

ATTEST:

Ann Smith, Interim Deputy City Secretary

)

LegaVResolutions/Westpointe Village/Resolution Approving Agreement Amendment

"6.5 Sales Tax Calculation. The City agrees to facilitate the

identification and calculation of Sales Taxes Revenues generated from the

Project by identifying this Agreement as a "Revenue Sharing Agreement,"

under Texas Tax Code Section 321.3022 (the "Disclosure Statute"). Under

the Disclosure Statute, the Texas Comptroller of Public Accounts (the

"Comptroller") will, upon the request of the City, disclose the aggregated

Sales Tax Revenues of the current or prior calendar year without disclosing

individual sales tax account information. However, if there are fewer than

four sales tax accounts on the Property, the Comptroller will not disclose

information regarding the Sales Tax Revenues without permission of those

persons doing business on the Property. Owner hereby covenants and agrees

to provide information regarding persons doing business on the Property to

the City, as necessary for the City to determine Sales Tax Revenues

generated by the Project prior to the Effective Date, provided that Owner

possesses or can reasonably obtain and/or disclose such information. Owner

further agrees that if City is unable to determine the Sales Tax Revenues

generated by the Project prior to the Effective Date, Owner shall obtain and

provide a release to City from Owner, its successors, assigns, and lessees that

will allow the Comptroller, if so required by the Disclosure Statute, to

disclose ,to the City and the Owner aggregated sales tax information relating

to any business generating sales and use tax within the Property ("Property

Sales Tax Records") prior to the date of the First Amendment. (An example

release is attached hereto as Exhibit E.) The City shall, following the end of

each calendar quarter during the Term of this Agreement, collect all

Property Sales Tax Records from the Comptroller and calculate the Sales

Tax Revenues, pursuant to this Agreement. City agrees to maintain four

years of the Property Sales Tax Records for the Term of this Agreement and

for four years following the Term. City, during normal business hours and

with at least 24 hours prior notice, shall allow the Owner reasonable access to

) review the Sales Tax Revenues. The City and Owner shall rely on the

C:\Documents and Settingslpaten\Local Settings\Temporary Internet Files\Content.Outlook\QM2KIHXB\Wespointe Village Amendment to City 380 agreement final2 7 ll.doc Page 2 of7

vv

Property Sales Tax Records as accurate and definitive for purposes of this

Agreement, and City shall have no right to review or audit records of the

Owner or its successors, assigns, or lessees. City shall not be required to pay

the Owner any Sales Tax Revenues as Chapter 380 Payments under this

Article until such time that the Comptroller provides all or a portion of the

Property Sales Tax Records."

3.

Effective as ofthe Effective Date, the following text shall be added as Section 6.6 of the

Agreement:

6.6 Estoppel. City agrees at any time and from time to time

during the term of this Agreement, and after reasonable inquiry, within

fifteen (15) calendar days after written request by Owner, that the City

Manager of City, or their designee, shall have the right to execute,

acknowledge and deliver to the Owner or to any existing or prospective

purchaser, mortgagee, tenant or other person designated by the Owner, a

certificate stating (i) that this Agreement commenced on December 18, 2008;

(ii) that this Agreement shall remain in effect until January 1, 2035 or

terminate at an earlier date if Owner receives payments equaling the

Maximum Reimbursement Amount prior to January 1, 2035; (iii) as

provided by Section 2.14, that the Maximum Reimbursement Amount due to

Owner under the Agreement is $4,117,000, less amounts due to City under

this Agreement; (iv) that the Owner has fully and timely complied with any

current obligations under Article 4 and Article 5 of this Agreement; (v) that

this Agreement is unmodified and in force and effect, or if there has been a

modification or modifications, that this Agreement is in force and effect, as

modified, and identifying the modification agreement or agreements; (vi)

whether or not, to the knowledge of the City, there is any then-existing

default hereunder by either the Owner or City in the performance of any

obligations under this Agreement (or whether any other event has occurred

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vi

which with the giving of notice by the City or the passage of time, or both,

would become a default), and if there is any such default (or other event),

specifying the nature and extent thereof; (vii) whether or not the City has

any claim or right of set-off hereunder against the Owner which has not yet

been discharged or otherwise resolved, and if so, a reasonably detailed

description of such claim shall be delivered with the certificate; and (viii) any

other matters reasonably requested by Owner.

4.

A new exhibit (attached hereto as Exhibit A to the First Amendment) is hereby added to

the Agreement as "Exhibit E."

5.

EXCEPT as specifically provided to the contrary herein, all the rest and remaining terms

and conditions of the Agreement are hereby ratified and affirmed and shall remain in full force

) and effect. All defined terms used herein shall have the same meaning ascribed thereto in the

Agreement unless another meaning is clearly indicated herein.

-·' )

City acknowledges and agrees that Owner is not in default under the terms of the

Agreement as of the date of Owner execution of this First Amendment.

[SIGNATURE PAGES FOLLOW]

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..JU

EXECUTED to be effective as of the __ day of ______ , 2011.

OWNER:

IGP PARTNERS LLC a Texas limited liability company

By: ____________ _

Name: J. L. Guerra, Jr.

Title:

Date:

OWNER:

NB RETAIL, LTD.,

A Texas limited partnership

By: B&O Development G.P., LLC,

a Texas limited liability company, its General Partner

By: B&O Management Company, LLC, A Delaware limited liability company, its sole member

By: Name: C. Patrick Oles, Jr. Title: President

Date:

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EXECUTED to be effective as of the __ day of ______ , 2011.

ATTEST:

City Secretary

CITY:

The City of New Braunfels, Texas a Home-Rule Municipal Corporation

By: Name: Title:

Date:

Robert Camareno Assistant City Manager

APPROVED AS TO FORM:

City Attorney

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Exhibit A to First Amendment

Exhibit E EXAMPLE_AGREEMENT FOR DISCLOSURE OF CONFIDENTIAL

TAX INFORMATION

This agreement is entered into between the City ofNew Braunfels, Texas (hereafter the "City") and [business name] (hereinafter the "Taxpayer") for the purposes indicated herein.

I, , (title), the duly authorized agent of (business name ) , doing business at [Name and Address of Facility] do hereby stipulate and agree as follows:

I hereby authorize the Texas Comptroller's Office to release and disclose only that information regarding the amount of municipal sales and use tax (1.0%) accruing from the operation of the above referenced taxpayer's business location to the City. I understand and agree that this release will be made by the Comptroller's Office to the City on an ongoing monthly basis beginning on the date this Agreement is executed.

This Agreement waives any and all rights with respect to the parties regarding the confidentiality of tax information under Sections 111.006, 151.027, Tax Code, or other state law.

The City agrees that it will use the tax information disclosed by the Comptroller pursuant to this Agreement solely and exclusively for the purposes of calculating payments to be made ') pursuant to a revenue sharing agreement (Chapter 380 Economic Development Agreement) between the City, Investor Grosenbacher Partnership, and NB Retail, LTD., dated effective December 18, 2008, as amended) (the "Revenue Sharing Agreement"). The City may pursuant to the Revenue Sharing Agreement disclose such tax information of the Taxpayer to Investor Grosenbacher Partnership, and NB Retail, LTD., their respective successors and/or assigns. Not withstanding the foregoing, the confidentiality of such records and information shall be maintained by City unless disclosure of such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General.

This Agreement is entered into in or with regard to property located in New Braunfels, Comal County, Texas and Texas law will apply to its interpretation and enforcement.

SIGNED AND AGREED TO on this ___ day of _____ , 2011.

name title On Behalf of the "City"

name title On behalf of the "Tax Payer"

Texas Taxpayer Identification No.

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Agenda Item No. .3 (2,. Presenter/Contact- Stacey Dicke, Parks and Recreation Director


SUBJECT: Authorize the City Manager to apply for Community Partnership Program (CPP) grant funds from the Lower Colorado River Authority to fund lighting at Eikel Park.

BACKGROUND/RATIONALE: The need for lighting at Eikel Park at the skate park and basketball court has developed due to the continued high usage of these park areas. This park has become a safe and popular location for teenagers to congregate and take part in physical activities.

In October 2010, the New Braunfels Parks Foundation applied for and received a grant from the McKenna Legacy Foundation in the amount of $30,000 to partially fund these lights. The estimate for light installation is approximately $75,000. Receipt of the Community Partnership Program grant from LCRA would potentially provide an additional $25,000 in funding towards this project.

The CPP grant does require a 20% match for which the McKenna Legacy Foundation funds could be used.


N/A

Quality of Life - Implement comprehensive

~ Yes City Plan/Council Priority: programs to address quality of life issues

identified in the community needs assessment, especially as it pertains to youth.

FISCAL IMPACT: The grant will fund a portion of the funds needed for the installation of lights. Remaining funds will be sought through additional grants and fund raising to complete the project.

BOARD/COMMISSION RECOMMENDATION: N/A

STAFF RECOMMENDATION: Staff recommends approval for submission of the grant application.

Page 1 of 1

SUBJECT:

City Council Agenda Item Report FEBRUARY 28, 2011

Agenda Item No. 3 D Presenter/Contact- Ann Smith, Interim Deputy City Secretary

Ph. 830-221-4006 I E-mail: [email protected]

Authorization for the City Manager to enter into joint election agreements between the City of New Braunfels and the New Braunfels Independent School District and the Comallndependent School District.


By Resolution Number 2011-R07, dated February 14, 2011, City Council ordered an election to be held on May 14, 2011, for the election of a Mayor and Councilmember for Districts 5 and 6. The Texas Election Code and the Texas Education Code provides provisions for School Districts to enter into agreements with municipalities to hold elections jointly to adequately and conveniently serve affected voters by providing one common polling location.

The attached agreements will allow for the City and the School Districts to share a common early voting polling location for the May 14, 2011 Election at the Comal County Annex, Landa Plaza, 345 Landa Street (formerly the LifeCheck Drugstore). Additionally, the agreement with NBISD will provide for common election day polling locations at:

Walnut Springs Elementary, 1900 S. Walnut Faith United Church of Christ, 970 North Loop 337 Lamar Primary School, 240 North Central Avenue First United Methodist Church, 572 West San Antonio Street, Room 1 01A

Since none of the CISD election precincts are located inside the City of New Braunfels for this election, there will be no joint polling locations on election day for CISD.

The attached agreements specifically provide that all other election processes related to the May 14, 2011 Election will be kept separate by the City and School Districts including the preparation and/or publication of election ballots, forms, orders, resolutions, notices, pre-clearance submissions, and the appointment of election judges, alternate judges and clerks, and any costs associated with the election.


I~ IN/A I

City Plan/Council . Priority:

) FISCAL IMPACT:

N/A

qq


N/A


Staff recommends that City Council approve the attached election agreements between the City of New Braunfels and the New Braunfels Independent School District and the Comallndependent School District. ·

... )

)

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AGREEMENT TO CONDUCT JOINT ELECTIONS BETWEEN NEW BRAUNFELS INDEPENDENT SCHOOL DISTRICT

AND THE CITY OF NEW BRAUNFELS FOR MAY 14, 2011 ELECTIONS

WHEREAS:

1. The New Braunfels Independent School District and the City of New Braunfels will lawfully order and hold a joint election on May 14, 2011 ; and

2. Texas Government Code, Chapter 791, authorizes local governments to contract with one another and with agencies of the state for various governmental functions including those in which the contracting parties are mutually interested; and

3. Pursuant to Section 271.002, Texas Election Code, political subdivisions of the State of Texas are authorized to hold elections jointly in voting precincts that can be served by common polling places if elections are ordered by the authorities of two or more political subdivisions to be held on the same day in all or part of the same territory; and

4. Texas Education Code, Section 11.0581, requires the District to hold its general trustee elections jointly with a municipality located wholly or partially within the boundaries of the District on the May uniform election date effective with the November 7, 2006 general trustee election; and

5. It would encourage greater voter participation and be convenient to the voters for the District and the City, (collectively referred to hereinafter as the Entities or Participating Entities), to hold a joint election in the election precincts that can be served by common polling places insofar as possible.

NOW, THEREFORE, pursuant to Sections 271.002, and 271.003, Texas Election Code, Texas Education Code Section 11.0581 and Chapter 791 of the Texas Government Code, the Joint Election Agreement set forth below is entered into by and between the Participating Entities acting by and through their respective governing bodies, agree as follows:

Page 1 of 5

I.

II.

LIU

Scope of the Election Agreement

A. The District and the City will share common election day polling locations for the May 14, 2011 joint election as follows:

Walnut Springs Elementary 1900 S. Walnut New Braunfels, TX

Faith United Church of Christ 970 North Loop 337 New Braunfels, TX

Lamar Elementary School 240 North Central Avenue New Braunfels, TX

First United Methodist Church, 572 West San Antonio Street, Room lOlA New Braunfels, TX

Each entity will have separate ballots.

B. Each of the Entities shall be individually responsible for the preparation and/or publication of election ballots, orders, resolutions, notices and other pertinent documents for adoption or execution by its own respective governing board as required by law.

C. Each of the Entities shall be individually responsible for obtaining appropriate pre-clearance, if necessary, from the United States Department of Justice. Each of the Entities shall be individually responsible for posting and publishing its election notices.

Election Judge, Officer, and Clerks

A. Each Entity shall appoint its own Election Judge Alternate Election Judge, and Election Clerks.

III. Early Voting

A. The District and the City will share a common early voting polling location for the May 14, 2011 joint election as follows:

Comal County Annex, Landa Plaza 345 Landa Street New Braunfels, Tx

Page 2 of 5

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B.

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The District and the City will each contract individually with early voting personnel.

IV. Election Day

A. The entities will share the common election-day voting locations as provided in this Agreement. Each Entity will conduct its own respective election at the Joint Election-Day Polling Location and shall be responsible for compliance with all state and federal laws applicable to their respective elections.

V. Joint Election Costs: Payment

A. Costs. The District and the City will each be responsible for all costs associated with their respective elections.

B.

All funds expended by each Entity will be from current revenues.

Cancellation. In the event any of the Participating Entities cancels their election because of unopposed candidates under Subchapter C of Title I of the Texas Election Code, the remaining Entity shall be responsible for 100% of the election costs incurred after the date of cancellation.

In the event of cancellation of the City's election, the District will continue to administer its early voting through the early voting personnel appointed by the District pursuant to paragraph III.B. but the District shall be allowed to use the early voting location designated in paragraph liLA. In the absence of such cancellation by the City, the City agrees that it will remain responsible for all early voting duties and responsibilities and the District shall pay its proportionate cost as agreed by the Parties.

VII. General Provisions

A.

B.

c.

Communications. Throughout the term of this Agreement, the Participating Entities will engage in ongoing communications concerning the conduct of the Joint Election and discuss and resolve any problems which might arise regarding the Joint Election.

Effective Date. This Agreement takes effect upon the complete execution of this Agreement by all Participating Entities.

Custodian of Records. Each Participating Entity will serve as their individual custodian for purposes of election records as required by law. Each Participating

Page 3 of 5

Entity shall appoint a qualified person to act as Custodian of Records for the Entity to perform the duties imposed by the Election Code on the custodian of ) records for its respective entity.

VIII. Miscellaneous Provisions

A. Venue and Choice of Law. The Entities agree that venue for any dispute arising under this Agreement will lie in the appropriate courts of Comal County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America.

B. Entire Agreement. This Agreement contains the entire agreement of the parties relating to the rights herein granted and the obligations herein assumed and supersedes all prior agreements. Any prior agreements, promises, negotiations, or representations not expressly contained in this Agreement are of no force and effect. Any oral representations or modifications concerning this Agreement shall be of no force or effect, excepting a subsequent modification in writing as provided herein.

c. Severability. If any provision of this Agreement is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the remaining provisions of this Agreement; and, parties to this Agreement shall perform their obligations under this Agreement in accordance with the intent of the parties to this Agreement as expressed in the terms and provisions of this Agreement.

D. Breach. In the event that any Participating Entity or County breaches any of its obligations under this Agreement, the non-breaching party shall be entitled to pursue any and all rights and remedies allowed by law. Nothing in this Agreement shall be construed as a waiver of any immunity or defense to which any Participating Entity is entitled under statutory or common law.

E. Other Instruments. The Entities agree that they will execute other and further instruments or any documents as may become necessary or convenient to effectuate and carry out the purposes of this Agreement.

F. Mediation. When mediation is acceptable to both parties in resolving a dispute arising under this Agreement, the parties agree to use a mutually agreed upon mediator, or a person appointed by a court of competent jurisdiction, for mediation as described in Section 154.023 of the Texas Civil Practice and Remedies Code. Unless both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in Section 154.023 of the Texas Civil Practice and Remedies Code unless both parties agree, in writing, to waive the confidentiality.

Page 4 of 5

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G.

H.

Notwithstanding the foregoing, the parties intend to fully comply with the Texas Open Meetings Act and the Texas Public Information Act whenever applicable. The term confidential as used in this Agreement has the same meanings as defined and construed under the Texas Public Information Act and the Texas Open Meetings Act.

Amendment/Modification. Except as otherwise provided, this Agreement may not be amended, modified, or changed in any respect whatsoever, except by a further Agreement in writing, duly executed by the parties hereto. No official, representative, agent, or employee of any Participating Entity has any authority to modify this Agreement except pursuant to such expressed authorization as may be granted by the governing body of the respective Participating Entity.

Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed originals and with the same effect as if all parties hereto had signed the same document. All of such counterparts shall be construed together and shall constitute one and the same Agreement.

IN TESTIMONY WHEREOF, the Participating Entities have executed this Agreement in multiple copies, each of equal dignity, on this day of , 2011.

Date on behalf of the City ofNew Braunfels

Page 5 of 5

WHEREAS:

AGREEMENT TO CONDUCT JOINT ELECTIONS BETWEEN COMAL INDEPENDENT SCHOOL DISTRICT

AND THE CITY OF NEW BRAUNFELS FORMA Y 14, 2011 ELECTION

1. The Coma1 Independent School District and the City of New Braunfels will lawfully order and hold a joint election on May 14, 2011; and

2. Texas Government Code, Chapter 791, authorizes local governments to contact with one another and with agencies of the state for various governmental functions including those in which the contracting parties are mutually interested; and

3. Pursuant to Section 271.002, Texas Election Code, political subdivisions of the State of Texas are authorized to hold elections jointly in voting precincts that can be served by common polling places if elections are ordered by the authorities of two or more political subdivisions to be held on the same day in all or part of the same territory; and

4. A new provision of the Texas Education Code, Section 11.0581, requires the District to hold its general trustee elections jointly with a municipality located wholly or partially within the boundaries of the District on the May uniform election date, or jointly with the county(ies) in which the District is located on the November uniform election date effective with the November 7, 2006 general trustee election; and

5. It would encourage greater voter participation and be convenient to the voters for the District and the City, (collectively referred to hereinafter as the Entities or Participating Entities), to hold a joint election in the election precincts that can be served by common polling places insofar as possible.

NOW, THEREFORE, pursuant to Sections 271.002, and 271.003, Texas Election Code, Texas Education Code Section 11.0581 and Chapter 791 of the Texas Government Code, the Joint Election Agreement set forth below is entered into by and between the Participating Entities acting by and through their respective governing bodies, agree as follows:

Page 1 of 5

)

)

)

) ···""

)

I. Scope of the Election Agreement

A. The District and the City will share a common Election Day polling location for the May 14, 2011 joint election as follows:

Not applicable for May 2011 election.


B. Each of the Entities shall be individually responsible for the preparation and/or publication of election ballots, orders, resolutions, notices and other pertinent documents for adoption or execution by its own respective governing board as required by law.

C. Each of the Entities shall be individually responsible for obtaining appropriate pre-clearance, if necessary, from the United States Department of Justice. Each of the Entities shall be individually responsible for posting and publishing its election notices.

II. Election Judge, Officer, and Clerks

A. Each Entity shall appoint its own Election Judge, Alternate Election Judge, and Election Clerks.

III. Early Voting

A. The District and the City will share a common Early Voting polling location for the May 14, 2011 joint election as follows:

Livecheck Drug Store Building 345 Landa Street New Braunfels, Texas


B. The District and the City will each contract individually with early voting personnel.

Page 2 of 5

' \ IV. j

v.

VII.

Election Day

A. The entities will share the common election-day voting locations as provided in this Agreement. Each Entity will conduct its own respective election at the Joint Election-Day Polling Location and shall be responsible for compliance with all state and federal laws applicable to their respective elections.

Not applicable for May 2011 election.

Joint Election Costs: Payment

A. Costs. The District and the City will each be responsible for all costs associated with their respective elections.

All funds expended by each Entity will be from current revenues.

B. Cancellation. In the event any of the Participating Entities cancels their election because of unopposed candidates under Subchapter C of Title I of the Texas Election Code, the remaining Entity shall be responsible for 100% of the election costs incurred after the date of cancellation.

In the event of cancellation of the City's election, the District will continue to administer its early voting through the early voting personnel appointed by the District pursuant to Paragraph III.B. but the District shall be allowed to use the early voting location designated in paragraph liLA. In the absence of such cancellation by the City, the City agrees that it will remain responsible for all early voting duties and responsibilities and the District shall pay its proportionate cost as agreed by the Parties.

General Provisions

A. Communications. Throughout the term of this Agreement, the Participating Entities will engage in ongoing communications concerning the conduct of the Joint Election and discuss and resolve any problems which might arise regarding the Joint Election.

B. Effective Date. This Agreement takes effect upon the complete execution of this Agreement by all Participating Entities.

C. Custodian of Records. Each Participating Entity will serve as their individual custodian for purposes of election records as required by law. Each Participating Entity shall appoint a qualified person to act as Custodian of Records for the Entity to perform the duties imposed by the Election Code on the custodian of records for its respective entity.

Page 3 of 5

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)

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VIII. Miscellaneous Provisions

A. Venue and Choice of Law. The Entities agree that venue for any dispute arising under this Agreement will lie in the appropriate courts of Comal County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America.

B. Entire Agreement. This Agreement contains the entire agreement of the parties relating to the rights herein granted and the obligations herein assumed and supersedes all prior agreements, including prior election services contracts relating to each Entity's May 14,2011 election. Any prior agreements, promises, negotiations, or representations not expressly contained in this Agreement are of no force and effect. Any oral representations or modifications concerning this Agreement shall be of no force or effect, excepting a subsequent modification in writing as provided herein.

C. Severability. If any provision of this Agreement is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the remaining provisions of this Agreement; and, parties to this Agreement shall perform their obligations under this Agreement in accordance with the intent of the parties to this Agreement as expressed in the terms and provisions of this Agreement.

D. Breach. In the event that any Participating Entity or County breaches any of its obligations under this Agreement, the non-breaching party shall be entitled to pursue any and all rights and remedies allowed by law. Nothing in this Agreement shall be construed as a waiver of any immunity or defense to which any Participating Entity is entitled under statutory or common law.

E. Other Instruments. The Entities agree that they will execute other and further instruments or any documents as may become necessary or convenient to effectuate and carry out the purposes of this Agreement.

F. Mediation. When mediation is acceptable to both parties in resolving a dispute arising under this Agreement, the parties agree to use a mutually agreed upon mediator, or a person appointed by a court of competent jurisdiction, for mediation as described in Section 154.023 of the Texas Civil Practice and Remedies Code. Unless both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in Section 154.023 of the Texas Civil Practice and Remedies Code unless both parties agree, in writing, to waive the confidentiality. Notwithstanding the foregoing, the parties intend to fully comply with the Texas Open Meetings Act and the Texas Public Information Act whenever applicable. The term confidential as used in this Agreement has the same meanings as

Page 4 of 5

G.

defined and construed under the Texas Public Information Act and the Texas Open Meetings Act.

Amendment/Modification. Except as otherwise provided, this Agreement may not be amended, modified, or changed in any respect whatsoever, except by a further Agreement in writing, duly executed by the parties hereto. No official, representative, agent, or employee of any Participating Entity has any authority to modify this Agreement except pursuant to such expressed authorization as may be granted by the governing body of the respective Participating Entity.

H. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed originals and with the same effect as if all parties hereto had signed the same document. All of such counterparts shall be construed together and shall constitute one and the same Agreement.

IN TESTIMONY WHEREOF, the Participating Entities have executed this Agreement in multiple copies, each of equal dignity, on this day of , 2011.

Dr. Marc Walker, Superintendent on behalf of Comal ISD

on behalf of the City of New Braunfels

Date

Date

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City Council Agenda Item Report FEBRUARY 28, 2011

Agenda Item No. ~3 E Presenter/Contact- Alan C. Wayland, City Attorney


SUBJECT: Approval of a resolution to support the legislative activities of the Alliance of CenterPoint Municipalities during the 82"d session of the Texas legislature as they affect gas utility ratemaking


The City is participating in a coalition of cities, known as Alliance of CenterPoint Municipalities ("ACM"), in CenterPoint Energy Entex ("CenterPoint") rate cases. The coalition was formed to respond to rate increase requests by CenterPoint. ACM has been active in rate proceedings at the Railroad Commission of Texas. The Commission has appellate jurisdiction of all gas utility rate cases filed with the City. ACM functions through a Steering Committee of representatives from its member cities.

This session is extremely important. The Railroad Commission, which administers the Gas Utility Regulatory Act, is up for Sunset Review. During the Sunset Review process the Legislature decides whether to continue or alter the agency or reconstitute it in a new form. The Legislature may amend or abolish any of the laws which the agency administers. Prior to the beginning of the session the Sunset Advisory Commission recommended that the Railroad Commission be abolished and that a new agency known as the Texas Oil and Gas Commission be established to undertake most of its functions. Instead of three elected commissioners, the Advisory Commission recommended that the new agency would be run by one commissioner appointed by the Governor.

It is to be expected that several gas companies are going to push for a new regulatory process which would allow for annual rate increases based upon a formula or upon pre-set criteria with very little review of revenues and expenses. All gas utility regulation is on the table this session including provisions which allow for gas companies to charge ratepayers for taxes which are not paid to the Internal Revenue Service.


N/A

Yes I City Plan/Council Priority:

I Strategic Priorities:

FISCAL IMPACT:

The City is not being requested to provide funds for this activity. Legal/Common/Forms/ Agenda Item/20 11/Res.Legislation.Natural Gas Rates.022811 Page 1 of2


It is recommended by the Steering Committee of the Alliance of CenterPoint Municipalities that this resolution be adopted. A Sunset Review session only comes about every twelve (12) years. ~ -') Municipalities play a vital role in seeing that gas utility rates are set in a manner which results in just and reasonable rates. This vital role is at risk without significant participation at the Capitol by municipal coalitions like ACM.


Approval of the Resolution.

Legal/Common/Forms/Agenda Item/2011/Res.Legislation.Natural Gas Rates.022811 Page 2 of2

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RESOLUTION NO. 2011-R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, SUPPORTING THE LEGISLATIVE ACTIVITY AND GOALS OF THE ALLIANCE OF CENTERPOINT MUNICIPALITIES ("ACM") BEFORE THE TEXAS LEGISLATURE AS THEY RELATE TO THE SETTING OF NATURAL GAS RATES; AND DECLARING AN EFFECTIVE DATE.

WHEREAS, the City of New Braunfels, Texas, hereinafter referred to as "City," is a member of Alliance of CenterPoint Municipalities ("ACM"); and,

WHEREAS, ACM has participated in numerous gas utility ratemaking proceedings before the Railroad Commission of Texas ("RRC"); and,

WHEREAS, during the 82"d Regular Session of the Texas Legislature the Railroad Commission, which sets gas utility rates on appeal from decisions made by municipalities, is up for sunset review; and,

WHEREAS, during sunset review the Legislature may consider abolishing or reconstituting the RRC and amending, altering or eliminating laws which affect gas utility ratemaking; and,

) WHEREAS, the City supports ACM's participation at the 82"d Texas Legislature in order to improve regulatory decision-making in gas utility ratemaking proceedings both before the City and before any state agency that is authorized to set rates that affect ratepayers within the City;


Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved and adopted.

Section 2. The City directs ACM to oppose legislation which allows for:

• Annual rate increases based upon a formula or pre-set criteria.

• The elimination or reduction incorporated municipalities to jurisdiction to set rates.

Legal/Resolutions/2011/Res.Legislation.Natural Gas Rates

in the ability of exercise original

1

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• The imposition of taxes on ratepayers which are not paid by the gas utility to the Internal Revenue Service or the Texas Comptroller of Accounts;

• The setting of rates which unfairly burden low use customers.

• The setting of rates which promote the waste or inefficient use of natural gas.

• Reduction in the number of Commissioners of the Railroad Commission or its successor agency to less than three.

• The setting of rates which does not permit a complete and thorough review of capital expenditures by gas utilities.

Section 3. The City directs ACM to support legislation which allows for:

• The transfer of gas utility ratemaking functions to the Public Utility Commission.

• The continuation of original jurisdiction by municipalities over gas utility ratemaking.

• The State Office of Administrative Hearings ("SOAH") to preside over all contested hearings involving gas utility ratemaking where a state regulatory agency is exercising original or appellate jurisdiction.

• The designing of rates which encourage the wise and efficient use of natural gas.

Section 4. The City authorizes the ACM Steering Committee to hire and direct legislative advocates to act on its behalf during the 82nct Regular Session of the Texas Legislature.

Section 5. The City is not obligated to support the ACM legislative effort out of its own funds.

Section 6. That a copy of this resolution shall be sent to Mr. Jim Boyle, Herrera & Boyle, PLLC, 816 Congress Avenue, Suite 1250, Austin, Texas 78701.

Legai/Resolutions/2011/Res.Legislation.Natural Gas Rates 2

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Section 7. That the meeting at which the aforesaid bid was accepted was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551.

Section 8. That this resolution shall become effective from and after its passage.

PASSED AND APPROVED this 28th day of February, 2011.


By: R. Bruce Boyer, Mayor

ATTEST:

Patrick D. Aten, City Secretary

Legal/Resolutions/2011/Res.Legislation.Natural Gas Rates 3

~,Cityof ~ii-i New Braunfels City Council Agenda Item Report

February 28, 2011

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SUBJECT:

Agenda Item No.3 F Presenter/Contact- Patrick Aten, City Secretary


Approval of a recommendation from the New Braunfels Arts Commission to grant the Historic Outdoor Gallery Of Art of New Braunfels, Inc. a one year extension on the use of the 2010 hotel/motel tax grant award.


In May, 2010 the Arts Commission recommended, and the City Council approved, a grant in the amount of $25,637.00 to the Historic Outdoor Gallery of Art of New Braunfels, Inc. for the purpose of constructing a life size sculpture of Prince Carl of Solms-Braunfels. Due to the lengthy process associated with finding an appropriate place for the sculpture, the Historic Outdoor Gallery of Art was not able to complete the project in calendar year 2010. They have now requested that the City Council consider reauthorizing the grant so that funds from the 2010 year can be expended in 2011.


N/A

N/A / City Plan/Council Priority: / Strategic Priorities:

FISCAL IMPACT:

The funds for this activity have already been disbursed to the Historic Outdoor Gallery of Art. No new appropriations would be required if the extension is granted. If the extension is denied, the Historic Outdoor Gallery of Art will be required to return the funds to the City.


The Arts Commission met on February 16th, 2011 and unanimously recommended that the extension be granted.


N/A

VL..

CITY OF NEW BRAUNFELS ARTS COMMISSION

A RESOLUTION OF THE CITY OF NEW BRAUNFELS ARTS COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS r-) REAUTHORIZE AN AWARD OF $25,637 TO THE OUTDOOR GALLERY OF ART OF NEW BRAUNFELS, INC. FROM THE CITY'S HOTEL OCCUPANCY TAX COLLECTIONS FOR THE PURPOSE OF PROMOTING TOURISM AND THE CONVENTION & HOTEL INDUSTRY WITHIN THE CITY OF NEW BRAUNFELS.

WHEREAS, the City of New Braunfels is authorized by Chapter 351 of the Texas Tax Code to collect Hotel Occupancy Taxes for the purpose of promoting tourism and the convention & hotel industry; and

WHEREAS, the Outdoor Gallery of Art of New Braunfels, Inc. is an organization directly involved in the encouragement, promotion, improvement, and application of activities eligible to be funded by the Hotel Occupancy Tax in accordance with Sec. 351.101(a)(4)&(5); and

WHEREAS, the activities of the Outdoor Gallery of Art of New Braunfels, Inc., when combined with the activities of other Arts organizations within the City, constitute a significant attraction for visitors and tourists to the City of New Braunfels; and

WHEREAS, the visitors and tourists attracted to the City of New Braunfels through the activities of the Outdoor Gallery of Art of New Braunfels, Inc. and similar organizations constitute a significant contribution to the tourism, convention, and hotel industries within the City; and )

WHEREAS, the Outdoor Gallery of Art of New Braunfels, Inc., has not expended the funds awarded to them for the 2010 award year due to circumstances beyond the organizations control; and

WHEREAS, the Outdoor Gallery of Art of New Braunfels, Inc., is now prepared to commence and complete their 2010 outlined activities during the 2011 award year;

NOW, THEREFORE, BE IT RESOLVED BY THE ARTS COMMISSION OF THE CITY OF NEW BRAUNFELS, TEXAS:

That the Arts Commission of the City of New Braunfels hereby recommends that the City Council reauthorize the 2010 award to the Outdoor Gallery of Art of New Braunfels, Inc. in the amount of $25,637 from the proceeds of the Hotel Occupancy Tax dedicated for the promotion of Arts & Heritage activities within the City, and that said award be conditioned on the performance of all activities and programs outlined in the Gallery's application for funds for award year 2010.

Attest: OF NEW BRAUNFELS, TEXAS

UJ


Agenda Item No.~ Jeff Jewell, Development Coordinator, (830) 221-4621, [email protected]

SUBJECT: Approval of a resolution recommended by the New Braunfels Industrial Development Corporation regarding the funding of engineering services in connection with downtown parking in the amount of $68,000


The City of New Braunfels has worked to implement the Downtown Implementation Plan since its adoption in 2009. One of the key recommendations to alleviate parking issues in the downtown area was the expansion of parking facilities designated for the public's use. In an effort to implement this recommendation, City staff has conceived of arrangements that could lead to an increase in the supply of public parking. Further study is needed, however, before significant funding commitments are made by the City, NBIDC, or other entities.

Specifically, the expenditure will allow the City Manager to enter into a services contract with HDR, Inc. to complete:

• A parking demand study to determine the existing and future demand on a structured public parking facility in the Downtown; • A schematic layout of the garage to understand potential vehicle capacity; and

These two studies are budgeted at $21 ,000.

The balance of funds ($47,000) will be used to complete engineering & design work for surface parking behind West San Antonio St. (this expenditure will only occur when participating property owners have agreed to conceptual plans and signed Letters of Intent with the City).

Staff feels these expenditures are a necessary step in the due diligence phase to create public parking solutions in the downtown area. The New Braunfels Industrial Development Corporation voted to approve this expenditure on February 1 ih, 2011.


Strategic Priority 18: Work with Existing

City Plan/Council Entities to Ensure Sustainable Quality

-1 Yes Development; Objective: Implement the Priority:

Downtown Plan (including addressing parking)

Page 1 of2

FISCAL IMPACT:

$68,000 TO BE PAID FOR BY THE NBIDC


The New Braunfels Industrial Development Corporation Board of Directors voted to approve this expenditure at their regular board meeting on February 17, 2011.



Page 2 of2

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RESOLUTION NO. 2011-R ___ _

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, APPROVING A RECOMMENDATION OF THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION TO PROVIDE FUNDS TO THE CITY IN THE AMOUNT OF $68,000 FOR THE COST OF A DOWNTOWN PARKING DEMAND STUDY; AND DECLARING AN EFFECTIVE DATE.

WHEREAS, the City of New Braunfels Industrial Development Corporation ("IDC") Board of Directors met on February 17, 2011, to consider a request from the City of New Braunfels to fund a parking demand study including schematic layouts of a parking garage, and engineering and design work for surface parking behind West San Antonio Street; and

WHEREAS, the IDC Board of Directors held a public hearing on February 17, 2011, to solicit public comment with regard to the City's funding request; and

WHEREAS, the IDC Board of Directors, after discussing the request, voted to approve entering into a contract with the City of New Braunfels to fund a parking demand study including schematic layouts of a parking garage, and engineering and design work for surface parking behind West San Antonio Street in the amount of $68,000;


SECTION 1: That the recommendation of the New Braunfels Industrial Development Corporation to provide funding to the City of New Braunfels for a parking demand study including schematic layouts of a parking garage, and engineering and design work for surface parking behind West San Antonio Street in the amount of $ 68,000 is hereby approved.

SECTION 2: That this Resolution shall become effective from and after the date of its passage.

PASSED, ADOPTED AND APPROVED this 281h day ofFebruary, 2011.

ATTEST:

Patrick D. A ten, City Secretary


By: ______________________ _


Legai/Resolutions/48/Resolution.City.Funding of Downtown Parking Plan

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Agenda Item No._;]_jf Presenter/Contact- Jeff Jewell, Development Coordinator


SuBJECT: Approval of a resolution recommended by the New Braunfels Industrial Development Corporation to provide funds to the City in the amount of $3,000,000 for a portion of the costs of improving FM 306 West of IH-35.


The Texas Department of Transportation ("TxDOT") has funds in the amount of $35 million available for land acquisition and construction costs of improving FM 306 from IH-35 to west of Hunter Road, but the estimated total cost of the Project is $47 million. The City and Carnal County have agreed to share the cost difference between the monies available to TxDOT and the total estimated land acquisition and construction costs of $47 million with each entity providing $6 million of the shortfall. The City submitted a request to the City of New Braunfels Industrial Development Corporation ("I DC") Board of Directors to share equally in the City's $6 million share of the costs with regard to the FM 306 Project. The I DC met on February 17, 2011 , to consider the City's request and voted to approve entering into a contract with the City to contribute to the costs of acquiring right-of-way and improving FM 306 in the amount of $3,000,000. The recommendation provides for making $1.5 million available immediately and making an additional $1.5 million available for payment of debt over a period of years on City-issued certificates of obligation for that portion of the FM 306 Project that is funded by the debt issuance.


N/A

City Plan/Council Strategic Priorities: Infrastructure-

X Yes Priority:

Implement ongoing program of infrastructure construction and maintenance

FISCAL IMPACT:

The funding will be from sales tax revenues received by the I DC.


The IDC Board recommended approval of the Funding.


) Approval of the Resolution.

Legal/Common/Forms/Agenda ltem.4B.Funding of FM 306 Project Page 1 of 1

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, APPROVING A RECOMMENDATION OF THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION TO PROVIDE FUNDS TO THE CITY IN THE AMOUNT OF $3,000,000 FOR A PORTION OF THE COSTS OF IMPROVING FM 306 WEST OF IH-35; AND DECLARING AN EFFECTIVE DATE.

WHEREAS, the City of New Braunfels Industrial Development Corporation ("IDC") Board of Directors met on February 17, 2011, to consider a request from the City of New Braunfels to contribute to the costs of acquiring right-of-way and improving Farm-to-Market Road 306 ("FM 306") from Interstate 35 ("IH-35") to west of Hunter Road (the "FM 306 Project") in the amount of $3,000,000; and

WHEREAS, the Texas Department of Transportation ("TxDOT") has funds in the amount of $35 million for the FM 306 Project, but the estimated total costs of the Project is $47 million; and

WHEREAS, the City and Carnal County have agreed to share the cost of the difference between the monies available to TxDOT and the total estimated land acquisition and construction costs of $47 million with each entity providing $6 million of the shortfall; and

WHEREAS, the City would like the IDC to share in the costs of the FM 306 Project with the City; and

WHEREAS, the FM 306 Project will increase tourism and economic development in New Braunfels and will allow for additional development along the FM 306 corridor; and


WHEREAS, the IDC Board of Directors, after discussing the request, voted to approve entering into a contract with the City of New Braunfels to contribute to the costs of acquiring right-of-way and improving FM 306 from IH-35 to west of Hunter Road in the amount of $3,000,000 ;


SECTION 1: That the recommendation of the New Braunfels Industrial Development Corporation to contribute to the costs of acquiring right-of-way and improving FM 306 from IH-35 to west of Hunter Road in the amount of $3,000,000 is hereby approved with the following conditions:

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1. $1,500,000 will be made available immediately for participation in the costs of the FM 306 Project; and

2. An additional $1,500,000 will be made available to the City for payment of debt over a period of years on City-issued certificates of obligation for that portion of the FM 306 Project that is funded by the debt issuance.


PASSED, ADOPTED AND APPROVED this 28th day of February, 2011.


By: ______________________ __

R. Bruce Boyer, Mayor ATTEST:


Legal/Resolutions/48/Resolution.City.Funding ofFM 306

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~,City of ~ ... New Braunfels City Council Agenda Item Report

February 28, 2011

Agenda Item No. , 3 I Presenter/Contact- Jeff Jewell, Development Coordinator


SUBJECT: Approval of a resolution recommended by the New Braunfels Industrial Development Corporation to provide a grant in an amount up to $250,000 for renovations and expansion of the Brauntex Performing Arts Theatre.


The Brauntex Performing Arts Theatre Association is in the process of improving the Brauntex Performing Arts Theatre by renovating and expanding the same. The next phase of the improvements is anticipated to cost $566,900 and will include renovations and upgrades to the auditorium, upgrades to the basement area for additional rehearsal and meeting space, and the addition of a permanent dressing room. The Theatre Association submitted a request to the New Braunfels Industrial Development Corporation ("IDC") for a grant in an amount up to $250,000 to help with the costs of the renovations and expansion. The IDC met on February 17, 2011 and voted to recommend approval of the request.


N/A

X Yes C'tv PI /C .1 p . 'ty I Strategic Priorities: 12b- Support ongoing I an OUDCI non :

" downtown development efforts

FISCAL IMPACT:

The funding will be from sales tax revenues received by the I DC.


The IDC Board recommended approval of the grant.


Approval of the Resolution.

Legal/Common/Forms/Agenda ltem.4B.Funding of Renovations to the Brauntex Theatre Page 1 of 1

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, APPROVING A RECOMMENDATION OF THE NEW BRAUNFELS INDUSTRIAL DEVELOPMENT CORPORATION TO PROVIDE FUNDS UP TO THE AMOUNT OF $250,000 FOR RENOVATIONS AND EXPANSION OF THE BRAUNTEX PERFORMAING ARTS THEATRE; AND DECLARING AN EFFECTIVE DATE.

WHEREAS, the City of New Braunfels Industrial Development Corporation ("I DC") Board of Directors met on February 17, 2011, to consider a request from the Brauntex Performing Arts Theatre Association for a grant in an amount up to $250,000 for renovations and expansion of the Brauntex Performing Arts Theatre; and

WHEREAS, the Brauntex Performing Arts Theatre is in the downtown area of New Braunfels and provides cultural and entertainment experiences for visitors as well as residents of New Braunfels and fosters economic development within the downtown area; and

WHEREAS, the estimated total cost of the renovations and expansion to the Theatre is $566,900; and


WHEREAS, the IDC Board of Directors, after discussing the request, voted to approve entering into a contract with the Brauntex Performing Arts Theatre Association for a grant in an amount up to $250,000 for renovations and expansion of the Theatre ;


SECTION 1: That the recommendation of the New Braunfels Industrial Development Corporation to provide a grant to the Brauntex Performing Arts Theatre Association in an amount up to $250,000 for renovations and expansion of the Theatre is hereby approved with the following conditions:

1. The grant will be funded by the IDC upon request(s) being submitted by the Brauntex Performing Arts Theatre Association with invoices attached reflecting the cost of the renovations and/or expansion; and

2. The improvements will be completed within twenty-four (24) months of the execution of the grant agreement between the New Braunfels Industrial Development Corporation and Brauntex Performing Arts Theatre

Legai/Resolutions/48/Resolution.Brauntex Theatre.4B Grant

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By: ______________________ ___

R. Bruce Boyer, Mayor ATTEST:


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Agenda Item No. , 3 :J" Presenter/Contact- Alan C. Wayland, City Attorney


SUBJECT: Approval of a resolution for the purchase of 2.524 acres of land, New Braunfels, Texas, in the amount of $145,200.00 and authorizing the City Manager to execute all necessary documents.


This property is needed for Detention Pond #2 of the North Tributary Drainage Improvement Project between Walnut Avenue and McQueeney Road.


N/A

City Plan/Council Strategic Priority: Infrastructure

X Yes Objective 2: Implement ongoing program for Priority:

infrastructure construction and maintenance.

FISCAL IMPACT:

$145,200.00


N/A



fO

RESOLUTION NO. 2011-R __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, AUTHORIZING THE PURCHASE OF APPROXIMATELY 2.524 ACRES OF LAND FROM GOODWILL INDUSTRIES FOR THE NORTH TRIBUTARY DRAINAGE PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE CLOSING DOCUMENTS FOR THE PURCHASE OF THE PROPERTY; AND DECLARING AN EFFECTIVE DATE ..

WHEREAS, the City is engaged in a drainage project known as the North Tributary Drainage Improvement Project (the "Project"); and

WHEREAS, the City needs to acquire approximately 2.524 acres of land from Goodwill Industries of San Antonio for the Project; and

WHEREAS, the City had the Goodwill Industries property appraised to determine its fair market value and then, negotiated a purchase price for said property of $145,200 with Goodwill Industries; and

WHEREAS, the title company handling the closing of this sale and purchase requires documentation from the City authorizing a city official to execute closing documents on behalf of the City of New Braunfels, Texas; NOW, THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW ·~··) BRAUNFELS, TEXAS:

SECTION 1: That the City Council of the City of New Braunfels does hereby authorize the purchase of approximately 2.524 acres of land from Goodwill Industries of San Antonio for the amount of $145,200 plus closing costs; and that Michael Morrison, City Manager of the City of New Braunfels, Texas, is hereby authorized to execute any and all closing documents for and on behalf of the City of New Braunfels, Texas, with regard to the purchase of said property.


PASSED AND APPROVED by the City Council on the 281h day of

February, 2011.


By: ______________________ _


Legai/Resolutions/2011/Res.Auth.Goodwill Property.North Trib Project 1

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.·.· Cityof ~.J City Council Agenda Item Report

February 28, 2011 ·: New Braunfels

Agenda Item No. > 3 /< Presenter/Contact- Alan Wayland, City Attorney


SuBJECT: Approval of the second reading of an ordinance amending Section 144-5.16 of the Code of Ordinances, City of New Braunfels, Texas, short term rental or occupancy in one and two unit dwellings.


The City Council previously held workshops on March 15 and 22, 2010, as well as a joint workshop with the Planning Commission on March 29, 2010. In addition, the City Council had further discussion and provided direction to staff on September 30, 201 0. The City Council previously held a public hearing on October 11, 2010 and adopted a revision to the ordinance to protect one and two family residences at a final reading of the ordinance on October 25, 2010. The City Council directed staff to examine the ordinance further to enhance enforcement against illegal overnight rentals or occupancies. Staff is recommending the following additions:

1) Prima facie proof of occupancy by unrelated persons occupying a one or two unit dwelling may be shown by the same vehicles with registrations to persons having different surnames and addresses being parked overnight at the dwelling,

2) Clarifying that the property owner, the property owner's agent, and the adult occupants of the dwelling are all separately responsible for violation of the ordinance, and

3) Confirming the minimum fine of $500 and a maximum fine of $2,000 per violation.


N/A

City Plan/Council Strategic Priority:

X Yes Priority:

Goal 20: Protect the character and 2006 Comprehensive boundaries of existing neighborhoods. Plan

FISCAL IMPACT: None.

BOARD/COMMISSION RECOMMENDATION: N/A

STAFF RECOMMENDATION: Staff recommends approval of the suggested amendments.

Legal/Common/Forms/Agenda ltem/2011/Agenda ltem.Overnight Rentals or Occupancy.doc

ORDINANCE NO. 2010-

AN ORDINANCE AMENDING SECTION 144-5.16 OF THE CODE OF ORDINANCES, CITY OF NEW BRAUNFELS, TEXAS, SHORT TERM RENTAL OR OCCUPANCY IN ONE AND TWO UNIT DWELLINGS; SETTING A PENAL TV OF $500 TO $2,000 PER VIOLATION; AND DECLARING AN EFFECTIVE DATE.

WHEREAS, the City Council has previously held workshops on March 15 and March 22, 201 0, a joint workshop with the Planning Commission on March 29, 2010, and a Council discussion on September 13, 2010, and gave staff direction concerning the ordinance;

WHEREAS, the City Council held a public hearing on October 11, 2010;

WHEREAS, the City Council by Ordinance No. 2010-80 prohibited the issuance of Special Use Permits within single and two family districts; and

WHEREAS, the City Council finds that amending Chapter 144 further to hold both the owner and occupant of an illegal short term occupancy responsible for future violations is in the best interest of the citizens of New Braunfels;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS:

SECTION 1

Section 144-5.16 of the Code of Ordinances, City of New Braunfels, Texas, is hereby amended to read as follows:

Sec. 5.16. Short term rental or occupancy in one and two unit dwellings.

(a) Occupancy of a one or two unit dwelling for less than 30 consecutive days is restricted as follows:

(1) Prohibited in single family and two family districts, which includes the following district: R-1, R-2, ZH, R-1A-43.5, R-1A-12, R-1A-8, R-1A-6.6, ZHA, R-2A, and SND-1.

(2) Permitted in C-4, C-4A, C-48, C-2, and C-2A districts and by Special Use Permit in all other districts subject to the following requirements: a. Parking. There shall be at least one off-street parking space, not including

the garage, for each bedroom in the dwelling.

b. Signs. A maximum 4 square foot advertising sign is permitted on the property to be used for short term occupancy.

(b) Occupancy of a unit of a one or two unit dwelling by more than five persons not a family and not related by blood, marriage, or guardianship is not permitted in the R-1, R-2, R-3, C-1, C-3, M-1, R-1A-43.5, R-1A-12, R-1A-8, R-1A-6.6, R-3L, R-3H, MU-A, or MU-8 zoning districts.

(c) A building constructed as a one or two unit dwelling may not be used as a lodging or boarding house with occupancy by one or more persons for less than 30 days in the R-1, R-2, R-3, C-1, C-3, M-1, R-1A-43.5, R-1A-12, R-1A-8, R-1A-6.6, R-3L, R-3H, MU-A, or MU-8.

(d) Registration. Owners of property or their agents shall register and receive a

/')

certification of legal non-conforming rights ("Certificate") to continue to use a one or two . . _.) family dwelling which is not in conformance with Section 5.16(a), above. , .

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(1) Registration and requests for the certificate shall be made to the Planning Director on forms provided by his office.

(2) The Planning Director shall issue a certificate if he finds, after consultation with the City Attorney, the property was legally conforming to the zoning ordinance at the time the short-term rental or multiple household occupancy began.

(3) The burden of proof of legal non-conforming rights is on the applicant/registrant.

(4) Appeal of a denial of the certification may be made to the Zoning Board of Adjustment in accordance with the appeal process in this Chapter.

(e) Proof: Prima facie proof of occupancy of a dwelling unit is established in any prosecution for violation of this section if it is shown that the same vehicles with registrations to persons having different surnames and addresses were parked overnight at the dwelling. Establishment of a prima facie level of proof in this subsection does not preclude a showing of illegal"occupancy" of a dwelling unit by a person in any other manner.

(f) Offense: It is an offense for the property owner, any agent of the property owner, and the occupant(s), seventeen years of age or older, to directly occupy or indirectly allow, permit, cause, or fail to prohibit an occupancy in violation of this Ordinance 144-5.16. Each day that a unit is occupied in violation of this ordinance shall be considered a separate offense, and, upon conviction, shall be subject to a minimum fine of $500.00 to a maximum fine of $2,000.00 per violation.

SECTION 2

All other provisions of the Code of Ordinances of the City of New Braunfels not herein amended or

) repealed shall remain in full force and effect.

)

SECTION 3

All other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent that

they are in conflict.

SECTION 4

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.

SECTION 5

In accordance with the provisions of Section 3.10 of Article Ill of the City Charter this Ordinance may

be read and published by descriptive caption only.

SECTION 6

This Ordinance, after enactment, shall be published at least one time within ten (1 0) days after final

passage in a newspaper of general circulation in the City of New Braunfels.

PASSED AND APPROVED: First Reading this the 14th day of February, 2011.

PASSED AND APPROVED: Second and Final Reading this the 28th day of February, 2011.

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CITY OF NEW BRAUNFELS


ATTEST:

ANN SMITH, Interim Deputy City Secretary


ALAN C. WAYLAND, City Attorney

) ,•'

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' f'., City of I ~~New Braunfels City Council Agenda Item Report

February 28, 2011

Agenda Item No. ,3 0 Presenter I Contact- Shannon Mattingly, Planning Director


SUBJECT: Approval of the second and final reading of an ordinance annexing a 100.007 acre tract of land out of Subdivision No. 33 and Subdivision No. 58 of the A.M. Esnaurizar Eleven League Grant Survey, and being a portion of Tract Three, a 112 acre tract of land, all of Tract Four, a 1.93 acre tract of land and all of Tract Five, an 88.5 acre tract of land located east of FM 1101 and west of Westmeyer Road adjacent to the existing City Limits.

APPLICANT/OWNER:


City of New Braunfels 424 S. Castell Avenue New Braunfels TX 78130

City Council unanimously approved the first reading of the ordinance on February 14, 2011.

This property was purchased by the City of New Braunfels in March of 2010 but is currently outside the city limits. The property is adjacent to and contiguous to the existing corporate City Limits and the City agrees to be bound by all acts, ordinances, and all other legal action now in force and effect within the corporate limits of the City and all those which may be hereafter adopted. This property is located on FM 1101 near the airport and a map is attached.

City Council held the required public hearings on this annexation on January 10 and January 24, 2011.

A schedule for annexation is as follows: Annexation petition filed: Council accepts petition/sets public hearings by resolution: 1st Public Hearing: 2nd Public Hearing: First Reading of Ordinance: Second Reading of Ordinance:

GENERAL INFORMATION: Case No.: CS10-27

Size: 100.007 acres

Page 1 of2

November 29, 201 0 December 13, 2010 January 10, 2011 January 24, 2011 February 14, 2011 February 28, 2011

Comprehensive Plan/ Future Land Use Designation: Commercial/Industrial

lmprovement(s): None

NOTIFICATION:

N/A


N/A City Plan/Council Objective 88: Annex areas to assure consistent Priority: land use controls.

2006 Comprehensive Objective SG: Consider annexing property Plan adjacent to arterial roadways to allow expansion

of commercial development.

FISCAL IMPACT:

N/A


Staff recommends approval of the annexation.


N/A

ATTACHMENTS:

1. Property description 2. Aerial map 3. Ordinance

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CS10-27 Annexation of 100.007 acres

December 1 , 201 o

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ORDINANCE NO. 2011-

AN ORDINANCE ANNEXING A 100.007 ACRE TRACT OF LAND OUT OF SUBDIVISION NO. 33 AND SUBDIVISION NO. 58 OF THE A.M. ESNAURIZAR ELEVEN LEAGUE GRANT SURVEY, AND BEING A PORTION OF TRACT THREE, A 112 ACRE TRACT OF LAND, ALL OF TRACT FOUR, A 1.93 ACRE TRACT OF LAND AND ALL OF TRACT FIVE, AN 88.5 ACRE TRACT OF LAND LOCATED EAST OF FM 1101 AND WEST OF WESTMEYER ROAD ADJACENT TO THE EXISTING CITY LIMITS; GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID TERRITORY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF THE CITY OF NEW BRAUNFELS; ADOPTING A SERVICE PLAN; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.

WHEREAS, the city is authorized to annex territory in accordance with the Texas Local

Government Code, Chapter 43 and the City of New Braunfels, Texas home-rule charter and by statute;

and

WHEREAS, said territory proposed to be annexed is within the city's extraterritorial jurisdiction

and is contiguous to the corporate limits of city; and

WHEREAS, the City of New Braunfels has prepared a service plan for said territory which is

attached as Exhibit "C" to this ordinance; and

WHEREAS, the city has published notice of hearings on said annexation and held hearings as

required by state law; now, therefore:

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS:

SECTION 1

· That the following described territory, shown on a map which is attached as Exhibit "A" and

described in Exhibit "B", is hereby annexed into the city, and that the boundary limits of the city are

hereby extended to include said territory within the city limits and the same shall hereafter be included

within the territorial limits of said city, and said land and the future inhabitants thereof shall hereafter be

entitled to all rights and privileges of other citizens of the city and shall be bound by the acts and

ordinances of said city;

SECTION 2

That the municipal service plan for the herein annexed territory provided for in Exhibit "C"

attached hereto is hereby adopted.

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SECTION3

That the city secretary is hereby directed to file with the county clerk and other appropriate officials

and agencies, as required by state and federal law and city annexation procedures, a certified copy of this

ordinance.

SECTION4

This ordinance will take effect upon the second and final reading of same and upon publication as

required by law.


PASSED AND APPROVED: Second and Final Reading this the 28th day of February, 2011.


BY:


ATTEST:

PATRICK D. ATEN, City Secretary



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Proposed Annexation ........ i City Limits ...

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Petition for Annexation- City of New Braunfels . _____ /

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HI~T ENGINEERING SURVEYING

HOLLMIG• MOELLER• THORNHILL

METES AND BOUNDS DESCRIPTION FORA

100.007 ACRE TRACT OF LAND

Being a 100.007 acre tract of land out of Subdivision No. 33 and Subdivision No. 58 of the A.M. Esnaurizar Eleven League Grant Survey, and being a portion of Tract Three, a 112 acre tract of land, all of Tract Four, a 1.93 acre tract of land and all of Tract Five, an 88.5 acre tract of land, described in Volume 604, Page 561, of the Official Public Records of Coma! County, Texas, said 100.007 acre tract of land being more particularly described as follows:

BEGINNING: At a 112" iron pin found for the most Southerly corner of said 1.93 acre tract (Tract 4), the most Easterly corner of a 28.80 acre tract recorded in Volume 101, Page 599, of the Deed Records, Coma! County, Texas, for the most Northerly corner of an 88.5 acre tract of land, as recorded in Document #200706027817, of the Deed Records of Coma! County, Texas, the most Westerly corner of said 88.5 acre tract (Tract 5), for a Westerly interior corner and Point of Beginning of this herein described 100.007 acre tract of land;

THENCE: Along and with the Southwesterly line of said 1.93 acre tract (Tract 4), N 43°37' 19" W a distance of 2781.46 to a 112" iron pin stamped "HMT Prop. Cor." set in the Southeasterly right-of-way line of FM llOl, for the Northerly corner of a 29.46 acre tract of land, described in Volume 147, Page 272, of the Deed Records of Carnal County, Texas, for the Westerly corner of this herein described 100.007 acre tract of land;

THENCE: Along and with the Southeasterly right-of-way line of FM 1101, and the Northwesterly line of said 1.93 acre tract (Tract 4), N 44°55' 00" E a distance of 30.00 feet to a 112" iron pin found in the Southeasterly right-of-way line ofFM 1101, being the West corner of a 57.268 acre tract of land, as described in Document #200706033517 of the Deed Records of Coma! County, Texas, being the most Northerly corner of said 1.93 acre tract (Tract 4), for a Northwesterly corner of this herein described 100.007 acre tract of land;

THENCE: Along and with the common line of said 57.268 acre tract, and said 1.93 acre tract (Tract 4), the following calls:

S 43°37' 19" E a distance of 2769.83 feet a 112" iron pin stamped "HMT Prop. Cor." set, for an interior corner of this herein described tract of land,

S 88°59' 49" E a distance of 17.00 feet to a 1/2" iron pin stamped "HMT Prop. Cor." set, for a Southerly corner of said 57.268 acre tract, a Southeasterly corner of said 1.93 acre tract (Tract 4), and an interior corner of this herein described 100.007 acre tract of land;

THENCE: Along and with the Southeasterly line of said 57.268 acre tract, the Northwesterly line of said 88.5 acre tract (Tract 5), N 45°45' 59" Eat a distance of 740.73 feet passing a 1/2" iron pin found stamped "Tri-county", being the Southerly corner of an 80.443 acre tract of land, as described in Document #200806033744, of the Deed Records of Coma! County, Texas, and continuing along the Southeasterly line of said 80.443 acre tract of land, for a total distance of 2776.05 feet to a 2" pipe found at fence corner, being the most Easterly corner of said 80.443 acre tract, the South corner of a 100 acre tract of land, as recorded in Document #200306047836, of the Deed Records of Coma! County, Texas, the most Westerly corner of said 112 acre tract (Tract 3), for a Northerly corner of this herein described 100.007 acre tract of land;

410 N. Seguin Ave.•New Braunfels, Texas 78130•Phone 830.625.8555•Fax f EXHIBIT "B"

410 N. Seguin Ave. • New Braunfels, Texas 78130 • Phone 830.625.8555

THENCE: Along and with the common line of said 112 acre tract (Tract 3), and said roo acre tract, N 45° 17' 17" E a distance of 222.74 feet to a 112" iron pin stamped "HMT Prop. Cor." set for a Northerly comer of this herein described 100.007 acre tract of land; I

THENCE: Across said 112 acre tract (Tract 3), S 44°58' 20" E a distance of 1395.40 feet to a l/2" iron pin stamped "HMT Prop. Cor." set in the common line of said 112 acre tract (Tract 3) and a 109.33 acre tract of land, as described in Document #200706027818, of the Deed Records of Coma! County, Texas, for the most Easterly comer of this herein described 100.007 acre tract of land;

THENCE: Along and with the Northwesterly line of said 109.33 acre tract, and the Southeasterly line of said 112 acre tract (Tract 3), S 45°18' 31" W a distance of 225.81 feet to a mag nail in a 6" Cedar Post set for the most Northerly comer of a 76.95 acre tract of land described in Volume 705, Page 276, Deed Records, Coma! County, Texas, the most Westerly comer of said 109.33 acre tract, the most Southerly comer of said 112 acre tract (Tract 3), for a Northeasterly comer of this herein described 100.007 acre tract of land;

THENCE: Along and with the Northwesterly line of said 76.95 acre tract of land, and the Southeasterly line of said 88.5 acre tract (Tract 5), S 45°19' 56" W a distance of 2814.88 feet to a mag nail in a 6" Cedar Post set for the most Easterly comer of said 88.5 acre tract as recorded in Document #200706027817, the Northerly comer of the remainder of a 20.5 acre tract of land as described in Document #200706027817, Deed Records, Coma! County, Texas, the most Westerly comer of said 76.95 acre tract, the most Southerly comer of said 88.5 acre tract (Tract 5), for the most Southerly comer of this herein described 100.007 acre tract of land;

THENCE: Along and with the Northeasterly line of said 88.5 acre tract as described in Document #200706027817, and the Southwesterly line of said 88.5 acre tract (Tract 5), N 44°58' 20" W a distance of 1416.68 feet to the Point of Beginning and containing 100.007 acre of land.

Bearings based on Texas Coordinate System, South Central Zone, North American Datum 1983.

Surveyed on the ground this the lOth day of February, 2010.

Reference Plat prepared this same date.

Dre~A. Mawyer Registered Professional L d Surv yor No. 5348

!Projects/City of New Braunfels/P&W 100 ac/Survey/M&B/M&B P&W 100.007

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··' Cityof ~J :·· New Braunfels SERVICE PLAN FOR 2011 ANNEXATION

PLANNING

Upon annexation of the area described below and as identified on Exhibit A, the City of New Braunfels will provide City services utilizing methods by which it extends services to any other equivalent area of the City.

A 100. 007 acre tract of land out of Subdivision No. 33 and Subdivision No. 58 of the A.M. Esnaurizar Eleven League Grant Survey, and being a portion of Tract Three, a 112 acre tract of land, all of Tract Four, a 1.93 acre tract of land and all of Tract Five, an 88.5 acre tract of land located east of FM 1101 and west of Westmeyer Road, adjacent to the existing City Limits.

SERVICES PROVIDED BY THE EFFECTIVE DATE OF ANNEXATION

1. Police Protection

2.

The City of New Braunfels, 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.

Fire Protection and Emergency Medical Services The City of New Braunfels, Texas and its Fire and Rescue Department will provide fire protection and EMS 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 Fire and Rescue Department will have the responsibility to respond to all dispatched calls and requests for service or assistance within the newly annexed areas.

3. Maintenance of Water and Wastewater Facilities Any and all water or wastewater facilities owned or maintained by the certified water purveyor at the time of the proposed annexation shall continue to be maintained by said purveyor. Any and all water and wastewater facilities which may be acquired subsequent to the annexation of the proposed areas shall be maintained by water purveyor to the extent of its ownership. The now existing water and wastewater mains at existing locations shall be available for the point of use extension based upon the water purveyor standard extension policy now existing or as may be amended. On-site sewerage systems may be maintained in accordance with Chapter 130 of the City Code of Ordinances.

4. Solid Waste Collection The City of New Braunfels, Texas collects solid waste and refuse within the corporate limits of the City. Solid waste collection and residential recycling 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.

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EXHIBIT "C"

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5.

6.

7.

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.

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 New Braunfels, 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 New Braunfels, 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

1.

The City of New Braunfels, 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

Police and Fire Protection and Solid Waste Collection The City of New Braunfels, 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 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 New Braunfels, Texas with like topography, land use and population density as those found within the newly annexed areas.

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2. Water and Wastewater Facilities Water service is currently provided to the annexed areas by New Braunfels Utilities (NBU).. Wastewater is provided by on-site sewage facilities. Service will continue to be provided at or above current levels following annexation.

3. Roads and Streets The City of New Braunfels, 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 New Braunfels, 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.

SPECIFIC FINDINGS

The City of New Braunfels, 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 New Braunfels.

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.

Y:\Annexation\2011 Annexation\City-owned property\Service Plan - 2011.docx

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95 f', City of

~-..New Braunfels City Council Agenda Item Report February 28, 2011

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Agenda Item No. J1B Presenter- Shannon Mattingly, Planning Department

830-221-4055- [email protected]

SUBJECT:. Public hearing and first reading of an ordinance amending the Highland Grove Planned Development District Concept Plan, located on the southeast side of Morningside Drive at Ruekle Road.

APPLICANT: Velma Development, LLC 1202 W. Bitters Rd. Bldg. 1, Suite 1200 San Antonio, TX 78216


OWNER: 227NBCP Management, LLC P.O. Box 2460 Palm Harbor, FL 34682

The subject property is located on the southeast side of Morningside Drive, south of the intersection with Ruekle Road and consists of 228.68 acres. The property was annexed into the City in 1998 and 2001 and zoned "APD" Agricultural/Pre-Development District. In 2006, the property was rezoned to the "Highland Grove Planned Development District" for single-family residential and commercial uses consistent with the "C-1 B" District. Approval of a master plan, Unit 1 plat and detail plan followed. The Unit 1 plat has not been recorded and will become void with the approval of this amendment. The platting process will start over with this revised layout.

A change in ownership of the property is in progress. The prospective buyer of the development proposes to amend the Highland Grove Concept Plan with the following major changes:

1. Eliminate the 18 acres of commercial use located south of County Line Road and at the intersection of Morningside Drive and Ruekle Road. (The applicant feels the single-family residential land use is more appropriate and compatible with the surrounding properties.)

2. Modify the layout in order to consolidate the open space into one large park space. (The applicant intends to utilize the reconfigured open space as an amenity to the subdivision as depicted in the color copy of Attachment 8, which could include sport courts, a pavilion and walking trails.)

Other changes to the Highland Grove Concept Plan include the following: 1. An additional requirement for a minimum of 1 front yard tree to be planted

on each lot at the time of building construction. (The applicant believes the trees will be a civic benefit, as there are currently no requirements to plant trees on residential lots, nor are there any existing trees on the property. The requirement will result in approximately 788 new trees.)

2. Add the extension of Water Lane south of County Line Road. (The current Concept Plan does not include this extension of Water Lane to the south of

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96

County Line Road, as is shown on the Thoroughfare Plan. The proposed amended Concept Plan will be in compliance with the Thoroughfare Plan.)

3. A base zoning district of "R-1A" Single-Family District will be established. (The current Highland Grove Concept Plan does not have a base zoning district established regarding the residential component.)

4. Minor street modifications. (The applicant feels the proposed street layout is more functional for the development. The street section for County Line Road has been updated to reflect a 90-foot arterial and five additional feet of right-waydedication has been depicted on Morningside Drive for needs of the City as a minor arterial and fifteen feet for TXDOT's extension of Ruekle Road and turn lanes.)

5. Noise abatement provisions for lots abutting the future extension of FM 1044. (The applicant has added a note to the development standards addressing the measures to be taken in regards to future noise mitigation for the residential lots adjacent to the future extension of FM 1044. This will address compliance with new FHWA regulations regarding the FM 1044 extension.)

Below is a comparison of the deviations between the "R-1A" Single-Family District and the proposed Highland Grove Planned Development District Concept Plan:

R-1A Highland Grove POD Min. Lot size 6,600 sq. ft. 6,000 sq. ft. Min. Lot width 60ft. 50 ft. Min. Lot depth 100ft. 120ft. Max. building coverage N/A 47% Min. Landscaping N/A 1 front yard tree

By eliminating the commercial uses, the single-family lot count will increase by 131 lots, from 657 lots to 788 lots. Lot density will increase from 3.1 lots per acre to 3.45 lots per acre, which is still in compliance with the Future Land Use designation of Residential Low Density, which has a maximum density of 5 lots per acre. A minimum of a Type 1 Traffic Impact Analysis (TIA) will be required at the time of master plan or plat application.

General Information: Case#:

Size:

Surrounding Zoning and Land Use:

PZ11-07

228.68 acres

North -"R-1" Single-Family District, (Across Morningside Drive) "R-2" Single-Family and Two-Family District and "APD" Agricultural/Pre-Development District I Vacant and Single-Family Residences

South- "R-1A6.6" Single-Family District and "APD" Agricultural/Pre-Development District I Vacant

East - "APD" Agricultural/Pre-Development District I Single-Family Residences and Vacant

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West- "APD" Agricultural/Pre-Development District I Pipeline Utilities, Single-Family Residence and Vacant

Comprehensive Plan/ Future Land Use Designation: Residential Low Density and Commercial

lmprovement(s): None

Notification: Public hearing notices were sent to fifty property owners located within 200 feet of the subject property. Two responses were returned in favor from numbers 14 and 25 and four responses were returned in opposition from numbers 3, 9, 40 and 44.


Yes City Plan/Council Priority: 2006 Comprehensive Plan

Pros and Cons Based on Policies Plan

FISCAL IMPACT:

N/A

PLANNING COMMISSION RECOMMENDATION:

Pros: Goal 1A Evaluate proposed zone changes to maintain land use compatibility, as well as the integration of mixed land uses as a component of achieving better places to live. The subject property is located in an area that is mostly developed with single-family residences or is currently vacant.

Cons: Does not comply 1 00% with the City's Future Land Use designation of the property. There is an approximate 600-foot strip of commercial use designated adjacent to the future extension of Ruekle Road (FM 1044).

The Planning Commission held a public hearing on February 1, 2011 and recommended approval of the rezoning, unanimously (8-0-0).


Staff recommends approval of the amended Highland Grove Planned Development District Concept Plan.

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98

ATTACHMENTS:

1. Application 2. Zoning Map ~-

3. Existing Land Use Map ) 4. Future Land Use Map 5. Aerial Map 6. Notification Map 7. Photographs 8. "Guidance for Highway Traffic Noise Analysis and Abatement" November 15, 2010

TXDOTMemo 9. Proposed Amended Development Standards with Concept Plan (reduced copy and

color copy) 10. Existing Concept Plan (reduced copy) 11. Sec. 3.4-2 "R-1A6.6" Single-Family Districts 12. Sec. 3.5 Planned Development Districts 13. Planning Commission Meeting Minutes- February 1, 2011 14. Ordinance

U:\PLANNING\CCAGENDA\ZONECHGS&SUP\2011\HIGHLAND GROVE POD 2-28-11.DOCX

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I ~Jcityof ·) ··;: New Braunfels

I APPLICATION FOR CONCEPT PLAN AMENDMENT

Planning and Community Development 424 S. Castell A venue, New Braunfels TX 78130

Phone: (830) 221-4050 Fax: (830) 608-2109

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1. Applicant • If owner(s), so state; If agent or other type of relationship, a letter of authorization must be furnished from owner(s) at the time submitted.

Name V £L- Ml'l Df:Vt?WPNb'N r; L L C Btf Gowe?N //11ter1'1!1Nl Paes,ot7vl Mailing Address I '2 0 '2... W · fS 1 TU::'?'Z.S J f?t,Q(,,. ~ 5 v 1 n:;- I SA.111 AtvWIVlf? [{ 7 f;J21 lP

Telephone: 210· 4~3-ZBII Fax: Mobile: 8?>5-t:l7t4 Email: ~ldt! ht>..rtmtJIS(A,.· com

2. Property Address/Location: Sov1}t'l:}J:'1f Cofl:Nt£L OF /NB:tltlfCVt?,Y OF f<tyCit.U: f2o. /bvo MotNIN6Sro~ (4;110 .

3. Legal Description:

4.

5.

6.

(Note: if property is not platted, a metes and bounds description or survev and map shall be attached to the application.)

Name of Sufvfivision: H IC, H l.-&N i:J 0 aov £_ Lot(s): 7 8~ __ Block(s): J4 Acreage: '2... 2 8 . W 8

Date of Concept Plan approval:_-r-A-~-~-P_.&-=-'\ ........ I_ ..... J....;:;0....,1,__2-...o""'O""'""""(p;..... ----------

Date(s) of subsequent Concept Plan Amendments: _-~.N~..::::O..:..N~f.~:::.-______ ~-----

Describe the proposed amendments to the approved Concept Plan: T Itt f?rweosc Q

AM~OMtN\S /NCL.upe 12t-vJ$rorJS TP THr ~f?UcT ANa !.e?r LftV!ovr:. THt: [2 evtS10riG I<H,uJ r IN B C'ltk"ltf1rlL Lor ~"!I no ~ ltJJTltvul

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NOTES: • Applicant must provide 14 copies of the amended concept plan for distribution to the Planning Commission.

Additional copies of the amended concept plan may be required prior to submitting the request to City Council.

• All applications are due by the date on the chart attached. Applications will be reviewed for completeness by Planning staff the day following the due date. Applicants shall have one week to provide additional requested information. If information is not provided, application will be processed for the next Planning Commission meeting.

The undersigned hereby requests an amendment to a Concept Plan on the above described property as indicated.

(1-W-/!J Date

For Office Use Only

Amount ~ 13 so.oD Fee Received By: 1'llf1ttl ~ ) Date Received: 1~} ~0{10_

~/Check Number: _ _::a:.,:__o_o_.s _____ _

Receipt No.: _t8_5_'1_1_tl __ _ Zoning signs issued: Date: _____ No. -----c.l_O __

Case Number: rz. II '0 1

U:\Pianning\Applications\Concept Plan amendment.DOC

ATTACHMENT 1

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January 25, 2011

Mr. Matt Greene City of New Braunfels Planning Department P.O. Box 311747 New Braunfels, TX 78131-1747

Re: Highland Grove Concept Plan Amendment Narrative

Dear Mr. Greene,

This letter is being submitted to provide a short narrative of the changes that are proposed with the concept plan amendment for the Highland Grove Planned Development District (POD). There were two main reasons for this amendment to the original concept plan that was previously approved in 2007. The first was to eliminate the commercial usage that was included in the original plan and replace it with residential land use. We feel that this land use is more appropriate and compatible with the surrounding properties. The second major change we made was to modify the layout in order to consolidate the open space into one large park space that can be utilized as an amenity to the subdivision.

There are also additional changes proposed that provide civic benefits from the original plan. The original development standards for the POD did not require any tree planting on the lot. This amendment proposes the requirement of a minimum of 1 front yard tree for each lot to be planted at the time of building construction. This requirement will result in the planting of approximately 788 trees upon completion of the development. A second change was to add the extensiOn of the 60' Right of Way Collector (Water Lane) south of County Une Road. The original plan did not reflect this extension however it is shown on the current Thoroughfare Plan. This amendment addresses this conflict and shows the necessary dedication. The last issue we address with this amendment is the assignment of a base zoning district for the project which was not done in the originally approved concept plan. The base zoning district proposed is R-2A.

The development standards of the district are in general conformance with the zoning standards of R-1A-6.6 which is intended for development of primarily detached, single family residences and customary accessory uses. The main difference is in the typical lot size. The base zoning of R-1A-6.6 requires a minimum lot width of 60' and a minimum lot depth of 100'. This PDD proposes a portion of the lots to have a typical minimum lot dimensions of 50' x 120'. There is also a portion of the lots in the POD will have a typical lot size of 60' x 120' which will actually be a larger minimum lot area than what is required by the R-

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ENGINEERS

1A-6.6 base zoning district. Lastly, the POD also will have a requirement of 47% building coverage on each lot which is not addressed in the base zoning district. We believe all of these modifications to the base zoning district are a benefit to the overall development of the community and in the spirit of the intent of creating a Planned Development District.

Thank you for your consideration in this matter. Should additional information be required please feel free to contact our office.

Sincerely, KFW Engineers

Blaine Lopez, P.E. Vice-President

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7400 Blanco, Suite 260 San Antonio, Texas 78216 ~Phone: (210) 979-8444 0 Fax: (210) 979-8441 • www.kfwengineers.com

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PLANNING COMMISSION -JANUARY 4, 2011 - 6:00PM New Braunfels Municipal Building, Council Chambers

Applicant: Velma Development, LLC

Owner: 227NBCP Management LLC

Address/Legal Description: 231.385 acres out of the A- 608 SUR- 21 J THOMPSON

REQUEST FOR AMENDMENT TO HIGHLAND GROVE PLANNED DEVELOPMENT DISTRICT (POD) CONCEPT PLAN- CASE #PZ11-07

The circled numbers on the map correspond to the property owners listed below. All information is from the Comal and Guadalupe Appraisal District Records. The property under consideration is marked as "SUBJECT".

1. Edison, Sarah 3. Barry, Teresa 5. Bradfute, Cameron & Cynthia 7. Casarez, Ricardo & Lynda 9. Cheney, Beverly 11. Coonr, Brian & Linda 13. Current Resident 15. Dove, Dorothy 17. Ebert, Eugene 19. Fischer, Thomas & Elizabeth 21. Hanks, Rickey & Sheri 23. Hoffman, Heidi 25. Johnson, Robert & Rita 27. Klein, Kristen 29. Krause, Stephen & Judy 31. Mesa, Isaac 33. Ortiz, Robert & Amelia 35. Overturf, Margie 37. Perry Second Family Ltd Partnership 39. Rodriguez, Michael 41. Scheile, Michael 43. Syputa, Laurence 45. Weston, Grainger 47. Winslow, Kenneth 49. Wunderlich, Diane

2. Arndt, Rolf & Waltraud 4. Bockholt, Arretta 6. Canales, Jason & Catherine 8. Castillo, Raymond & Cynthia 10. Camacho, Benny & Pura 12. Culbertson, Dale & Carolyn 14. Dirt Dealers XII 16. Eastwood, Mary 18. Enterprise Texas Pipeline LP 20. Haggard Company 22. Hernandez, Maria 24. Howell, Henry 26. Klabunde, Linda 28. Kramm, Henry 30. McNeill, John 32. The Minter Trust 34. Ott, Brandon & Collins, Corby 36. Parvin, Todd & Angela 38. Rivera, Pete 40. Schaefer, Teresa & Roberta 42. Self, Sandra & Bill 44. Thomas, Rebecca 46. Whitaker, Daniel & Mildred 48. Wohlfahrt, Adeline 50. Zamora, Celestina

SEE MAP ON REVERSE

ATTACHMENT 6

Notincation Map

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Map Created On 1/6/11

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MEMORANDUM

TO: District Engineer Division/Office Directors /} ·,) Regional Offices LJjAA/

DATE: November15, 2010

FROM: Dianna F. Noble, P.E.

SUBJECT: Guidance for Highway Traffic Noise Analysis and Abatement

The Federal Highway Administration (FHWA) published a final rule updating 23 CFR 772 on July 13, 2010. The final rulemaking requires the Texas Department of Transportation (TxDOT) to revise its current noise policy in accordance with the rule, and will become effective on July 13, 2011. The purpose of this memorandum is to provide guidance for highway traffic noise in the state of Texas due to the upcoming requirements.

Any traffic noise analysis and proposed abatement, final design analysis or noise workshop held prior to July 13, 2011, must comply in accordance to the current TxDOT Guidelines for Analysis and Abatement of Highway Traffic Noise, dated July 1997. For noise purposes only, final design refers to the approved schematic for public involvement.

Any traffic noise analysis and proposed abatement, fimd rlesign analysis or noise workshop completed after July 13, 2011, must comply with the new rule for 23 CFR 772 (attached) and the revised TxDOT Guidelines for Analysis and Abatement of Highway Noise Traffic Guidelines. These Guidelines are currently being updated and will be sent out to the urban districts and RECs for review in mid-November.

Please provide this information to your consultants. Contact Jenise Walton, Supervisor of the Human Environmental Branch, at (512) 416-2763, or [email protected] if you have any questions.

Attachment

cc: Administration District Environmental Coordinators District TP&Ds Regional Environmental Coordinators

ATTACHMENT 8

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Highland Grove Planned Development District

Development Standards

1. This planned development project conforms to the City of New Braunfels comprehensive

development plan based on the maps located at the City of New Braunfels, Coma/

County, Texas. The current zoning map show this area as Planned Development

District and the Future Land Use Plan distinguishes the property as Low Density

Residential and Commercial. This project is proposed to be 3.45 lots per acre which is

considered to be low density. The base zoning district for this project is R-1A.

2. The total acreage for this development is 228.685 acres of which 228.685 acres being

single family residential.

3. A 20' public utility easement (PUE) will be dedicated adjacent to all street right of

ways.

4. No portion of this site is located with the 1 00-yr FEMA flood plain as designated on

Community Panel 48091 c0445 f, dated: September 2, 2009.

5. A Homeowner's Association will be created during engineering design phase of the

project.

6. This property will be served by the following:

New Braunfels Utilities - water, sewer, and electric

AT&T phone service

Time Warner Cable TV

7. All residences immediately adjacent to the Vista Hills Subdivision shall be single story.

ATTACHMENT 9

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B. A minimum six foot tall masonry wall/fence shall be constructed adjacent the single )

family residences abutting the future FM 1044 extension, or, the developer shall provide

adequate set-back and/or other sound abatement measures for future noise mitigation

per the Texas Department of Transportaion Guidelines for Analysis and Abatement of

Highway Traffic Noise.

9. Conditions of care of drainage areas shall be as follows and in addition to City

ordinance:

A. All grass areas to be maintained at 12" or less in height and no less than twice

a year.

B. All detention ponds to be maintained at 12" growth height or less and shall be

evaluated by an engineer for silt build-up and performance at least once every five

years with a report submitted to the City of New Braunfels engineering

department. )

C. All drainage and detention areas located on separate lots will be maintained by the

Homeowner's Association.

10. No cluster mail boxes are to be installed on Vista Place.

11. The drainage areas abutting the homes on Vista Parkway are to be concrete lined.

12. Residential development standards as per New Braunfels Municipal Code Section 3. 5-

5( f):

a. Minimum lot area = 6,000 s.f. and 7,200 s.f.

b. Minimum lot width and depth = 50' (width) x 120' (depth) & 60' (width) x 120'

(depth) - regular lots )

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§!!!jJ}!fgjJ: OWNWO£VEJ.OPER: KFW ENCIN££/iS VElMA DEVELOPMENT; LLC 7400 BlANCO ROAD, SlJITE Z60 IZ02 W. BITTERS RD. SAN ANTONIO, TX78216 /Jl.DC..ISl/IT£1100 PHONE: (210)97!J.8444 SAN ANTONIO, 7X78216 FAX: (210) 9?9-8441 PHONE: (7271 7.14-8700

FAX: (7H) 714--8772

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CITY OF NEW BRAU~FELS- ZONING ORDINANCE I

3.4-2. "R-1A-6.6" single-family district.

Purpose. The R-1A-6.6 single-family district is intended for development of primarily detached, single- Q family residences and customary accessory uses on lots of at least 6,600 square feet in size. The · following regulations shall apply in aii"R-1A-6.6" districts:

"R-1A" district. The district called "R-1A" shall be renamed and shown on the zoning map as "R-1A-6.6".

(a) Authorized uses. Uses permitted by right shall be those set forth in the Land Use Matrix in Section 4 of this Chapter. The allowed uses in the district, which are intended to be identical with those listed in the Land Use Matrix, are as follows

(1) Uses permitted by right

Residential uses: Accessory building/structure Accessory dwelling (one accessory dwelling per lot, no kitchen) Community home (see definition) Family home adult care Family home child care Home occupation (See Sec. 5.4) One family dwelling, detached Single family industrialized home (see Sec. 5. 7)

Non-residential uses: Barns and farm equipment storage (related to agricultural uses) Church/place of religious assembly Community building (associated with residential uses) Contractor's temporary on-site construction office (only with permit from Building Official; Q

see Sec. 5.9) Farms, general (crops) (see Chapter 6, Municipal Code and Sec. 5.8) Farms, general (livestock/ranch) (see Chapter 6, Municipal Code and Sec. 5.8) Golf course, public or private Governmental building or use (state/federally owned and operated) Municipal use owned or operated by the City of New Braunfels, including libraries Park and/or playground (public) Public recreation/services building for public park/playground areas Recreation buildings (public) School, K-12 (public or private) Truck gardens (no retail sales) University or college (public or private) Water storage (surface, underground or overhead), water wells and pumping stations that

are part of a public or municipal system

(2) Conflict. In the event of conflict between the uses listed in the Land Use Matrix and those listed in subsection (1 ), the uses listed in this subsection shall be deemed those authorized in the district.

(b) Height and area requirements:

(1) Residential uses.

(i) Height. 35 feet.

(ii) Front building setback. 25 feet.

(iii) Side building setbacks. There shall be a side building setback on each side of a building not less than 5 feet in width. Buildings on corner lots shall have 15-foot side building setbacks adjacent to the street where the rear lot lines of the corner lots coincide

ATTACHMENT 11

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with the rear lot lines of the adjacent lots. Buildings on corner lots shall have 25-foot side building setbacks adjacent to the street where the rear lines of the corner lots coincide with the side lot lines of the adjacent lots.

Garage setback. Where a driveway is located in front of a garage, the garage shall be setback 20 feet from the right-of-way or the driveway to the garage shall be at least 20 feet long to provide enough space for a vehicle to park without overhanging into the rightof-way, if the garage door is closed. (See illustration 8 in Sec. 5.1-1)

(iv) Rear building setback. 20 feet.

(v) Width of lot. The minimum width of an interior lot shall be 60 feet and the minimum width of a corner lot shall be 70 feet.

(vi) Lot area per family. Every single-family dwelling hereafter erected or altered shall provide a lot area of not less than 6,600 square feet per dwelling for interior lots, and 7,000 square feet per family for corner lots, provided that where a lot has less area than herein required and such lot was in separate ownership prior to September 25, 1967, this requirement will not prohibit the erection of a one-family dwelling. Where public or community sewer is not available and in use, for the disposal of all sanitary sewage, each lot shall provide not less than one half acre_per dwelling unit not located over the rechar9e zone and one acre per dwelling unit located over the recharge zone.

(vii) Lot depth. 100 feet.

(viii) Parking. Two off-street parking spaces shall be provided for each one-family detached dwelling. See Section 5.1 for other permitted uses' parking.

(2) Non-residential uses.

(i) Height. 35 feet.

(ii) Front building setback. 25 feet.

(iii) Side building setback. There shall be a side building setback on each side of a building not less thpn five feet in width. Where any building abuts a property with a one or two family use, the setback from the one or two family property line shall be at least 20 feet plus one foot for each foot of building height over 20 feet.

(iv) Corner Jots. Buildings on corner lots shall have 15-foot side building setbacks adjacent to the street where the rear lot lines of the corner lots coincide with the rear lot lines of the adjacent lots. Buildings on corner lots shall have 25-foot side building setbacks adjacent to the street where the rear lines of the corner lots coincide with the side lot lines of the adjacent lots. Where a minimum 25-foot setback is required, a canopy at least eight feet in height, attached to the main building, may be built within 15 feet of the property line so long as such construction will not obstruct the vision of vehicular or pedestrian traffic.

(v) Garage setback. Where a driveway is located in front of a garage, the garage shall be setback 20 feet from the right-of-way or the driveway to the garage shall be at least 20 feet long to provide enough space for a vehicle to park without overhanging into the rightof-way, if the garage door is closed. (See illustration 8 in Sec. 5.1-1)

(vi) Rear building setback. 20 feet.

(vii) Width of lot. 60 feet.

(viii) Lot depth. 100 feet.

(ix) Parking. See Section 5.1 for permitted uses' parking.

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3.5 Planned Development Districts.

3.5-1 Purpose: The planned development district is a free-standing district designed to provide for the development of land as an integral unit for single or mixed uses in accordance with a plan that may vary from the established regulations of other zoning districts. It is the intent in such a district to insure compliance with good zoning practices while allowing certain desirable departures from the strict provisions of specific zoning classifications.

3.5-2 Application: An application for a planned development district shall be processed in accordance with this Chapter. A pre-planning conference is required between the applicant and the Planning Director prior to the actual filing of the application.

3.5-3 Base District. A base zoning district shall be specified. The regulations in the base zoning district shall control unless specifically stated otherwise in the PD.

3.5-4 District plans and requirements: There are two types of plans that may be used in the planned development process. The general purpose and use of each plan is described as follows:

(a) Concept plan. This plan is intended to be used as the first step in the planned development process. It establishes the most general guidelines for the district by identifying the land use types, development standards, approximate road locations and project boundaries and illustrates the integration of these elements into a master plan for the whole district.

(b) Detail plan. The detail plan is the final step of the planned development process. It contains the details of development for the property. For smaller tracts or where final development plans are otherwise known, the detail plan may be used to establish the district and be the only required step in the planned development process.

3.5-5 Concept plan requirements: Said concept plan shall include the following:

(a) Relation to the comprehensive plan. A general statement setting forth how the proposed district will relate to the city's comprehensive plan and the degree to which it is or is not consistent with that plan and the proposed base zoning district.

(b) Acreage. The total acreage within the proposed district.

(c) Survey. An accurate survey of the boundaries of the district.

(d) Land uses. Proposed general land uses and the acreage for each use, including open space. For residential development, the total number of units and the number of units per acre.

(e) General thoroughfare layout. Proposed streets, as a minimum to arterial street level. (Showing collector and local streets is optional.)

(f) Development standards. Development standards, if different from the base zoning district, for each proposed land use, as follows:

(1) Minimum lot area.

(2) Minimum lot width and depth.

(3) Minimum front, side, and rear building setback areas.

ATTACHMENT12

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(i) Open space. The approximate location and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be for public or private use.

U) Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian or bicycle use.

(k) If multifamily or non-residential development, a landscape plan.

A detailed plan, with all of the information required of a concept plan, may be submitted in lieu of a concept plan.

3.5-7 Phasing schedule: PD districts larger than 350 acres shall provide a phasing schedule depicting the different construction phases.

3.5-8 Approval of district: The City Council may, after receiving a recommendation from the Planning Commission, approve by Ordinance the creation of a district based upon a concept plan or a detail plan. The approved plan shall be made part of the ordinance establishing the district. Upon approval said change shall be indicated on the zoning maps of the city.

The development standards and requirements including, but not limited to, maximum height, lot width, lot depth, floor area, lot area, setbacks and maximum off-street parking and loading requirements for uses proposed shall be established for each planned development district based upon the particular merits of the development design and layout. Such standards and requirements shall comply with or be more restrictive than the standards established in the base zoning district for the specific type uses allowed in the district, except that modifications in these regulations may be granted if it shall be found that such modifications are in the public interest, are in harmony with the purposes of this Chapter and will not adversely affect nearby properties.

3.5-9 Planning Commission approval of detail plan: The Planning Commission is authorized to approve a detail plan or the amendment of a detail plan for property for which a concept plan has been approved by the City Council. If the City Council initially approved a detail plan in establishing the district, the detail plan may only be amended by the City Council. The approved detail plan shall be permanently filed in the Planning Department. The Planning Commission shall approve the detail plan if it finds that:

(a) Compliance. The plan complies with the concept plan approved for that property and the standards and conditions of the PD district;

(b) Compatibility. The plan provides for a compatible arrangement of buildings and land uses and would not adversely affect adjoining neighborhood or properties outside the plan; and

(c) Circulation of vehicular traffic. The plan provides for the adequate and safe circulation of vehicular traffic.

If no detail plan has been approved for the property within ten years of the date of approval of a concept plan, the detail plan must be approved by the City Council, after receiving a recommendation from the Planning Commission, after notice and hearing.

3.5-10 Expiration of detail plan: A detail plan shall be valid for five years from the date of its approval. If a building permit has not been issued or construction begun on the detail plan within the five years, the detail plan shall automatically expire and no longer be valid. The Planning Commission may, prior to expiration of the detail plan, for good cause shown, extend for up to 24 months the time for which the detail plan is valid.

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3.5-11 Appeals from Planning Commission action: If the Planning Commission disapproves a detail plan over which it has final approval authority, or imposes conditions, or refuses to grant an extension of time for which a detail plan is valid, the applicant may appeal the decision to the City Council by filing a written request with the Planning Director within ten days of the decision.

3.5-12 Changes in detail plan: Changes in the detail plan shall be considered the same as changes in the zoning ordinance and shall be processed as required in Section 2.3. Those changes which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, floor area ratio, height, or coverage of the site, or which do not decrease the off-street parking ratio or reduce the yards provided at the boundary of the site, as indicated on the approved detail plan, may be authorized by the Planning Director. Any applicant may appeal the decision of the Planning Director to the Planning Commission for review and decision as to whether an amendment to the Planned Development District ordinance shall be required.

3.5-13 Minimum development size: The total initial development of any Planned Development District shall not be less than two acres for nonresidential developments and five acres for residential developments.

3.5-14 Deviation from code standards: The City Council may approve a PD concept plan with deviations from any provision in the Code of Ordinances. Such deviations shall be listed or shown as part of the Ordinance that approves the concept plan.

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DRAFT EXCERPT FROM PLANNING COMMISSION MINUTES OF FEBRUARY 1, 2011

PUBLIC HEARINGS Case PZ11-07: Public hearing and recommendation to City Council regarding an amendment to the Highland Grove Planned Development District Concept Plan, located on the southeast side of Morningside Drive at Rueckle Road. (Velma Development) Mr. Greene said the 228.68 acre property was located on the southeast side of Morningside Drive, south of the intersection with Rueckle Road. In 2006, the property was rezoned to the "Highland Grove Planned Development District" for single-family residential and commercial uses consistent with the "C-1 B" District, followed by approval of a master plan, Unit 1 plat and detail plan. He added that the plat for Unit 1 plat had not been recorded. He explained that a change in ownership of the property was in progress and the prospective buyer proposed to amend the Highland Grove Concept Plan with the following changes: 1) Eliminate the 18 acres of commercial use located south of County Line Road and at the intersection of Morningside Drive and Rueckle Road; 2) Modify the layout in order to consolidate the open space into one large park space; 3) Require a minimum of 1 front yard tree to be planted on each lot at the time of building construction; 4) Add the extension of Water Lane south of County Line Road; 5) Establish a base zoning district of "R-1A" Single-Family District; and 6) Minor street modifications. He said notices were sent to fifty property owners located within 200 feet of the subject property; two responses were received in favor (#14 and 26) and two in opposition (#2 and 45). Mr. Greene said staff recommended approval as presented.

Chair Casteel opened the public hearing, asking if there was anyone in the audience who wished to speak in favor of the Concept Plan Amendment.

Blaine Lopez, engineer with KFW Engineers, offered to answer any questions on behalf of the applicant.

Chair Casteel asked if there was anyone in the audience who wished to speak in opposition to the ) Concept Plan Amendment.

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Rolf Arndt, 764 Vista Parkway, asked if the basic layout would remain as approved in 2006. When assured that it was, he then asked who would maintain the easement between the proposed development and the homes on Vista Parkway. He also asked if the height restrictions approved in 2006 were also in the current plan. Chair Casteel noted that Note #7 on the Concept Plan restricted homes adjacent to lots on Vista Parkway to single story only. Mr. Arndt also voiced his concerns about the narrowness of Morningside Drive.

Chair Casteel asked the City Engineer if Morningside Drive was on the City's 1 0-year Capital Improvements Plan. Mr. Klein said it was.

Sandra Self, 2919 Morningside Drive, asked how the plan was being changed. Mr. Greene outlined the changes.

Mary Eastwood, 824 Vista Parkway, asked what was proposed behind the homes on Vista Parkway. Mr. Lopez replied that the existing sewer easement would be left in its natural state.

A motion by Commissioner Massouh to close the public hearing was seconded by Vice Chairman Elrod, and carried unanimously. (8-0-0)

Motion by Commissioner Massouh, seconded by Commissioner Bearden, that Case PZ11-07, the amendment to the Highland Grove Planned Development District Concept Plan, located on the southeast side of Morningside Drive at Rueckle Road, be forwarded to City Council with a recommendation to approve. The motion carried unanimously. (8-0-0)

ATTACHMENT 13

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I ORDINANCE NO. 2011-

AN ORDINANCE AMENDING THE HIGHLAND GROVE PLANNED DEVELOPMENT DISTRICT CONCEPT PLAN, LOCATED ON THE SOUTHEAST SIDE OF MORNINGSIDE DRIVE AT RUEKLE ROAD; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of New Braunfels has complied with all requirements of

notice of public hearing as required by the Zoning Ordinance of the City of New Braunfels; and

WHEREAS, in keeping with the spirit and objectives of the "POD" Planned Development District,

the City Council has given due consideration to all components of said district; and

WHEREAS, it is the intent of the City Council to provide harmony between existing zoning

districts and proposed land uses; and

WHEREAS, the City Council desires to amend the Highland Grove Planned Development District

Concept Plan; now, therefore,


SECTION 1

THAT the Concept Plan adopted April 10, 2006, Ordinance Number 2006-30, is hereby

amended by adopting the following described Concept Plan:

"Being 228.68 acres as delineated on Exhibit 'A' and adopting amended development standards

as stated in Exhibit 'B'."

SECTION 2

THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended

or repealed shall remain in full force and effect.

SECTION 3

THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the

extent that they are in conflict.

SECTION4

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 i~ full

force and effect.

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SECTIONS

THIS ordinance will take effect upon the second and final reading of same.


PASSED AND APPROVED: Second and Final Reading this the 14th day of March, 2011.



ATTEST:

PATRICK D. ATEN, City Secretary



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Highland Grove Planned Development District

Development Standards

1. This planned development project conforms to the City of New Braunfels comprehensive

development plan based on the maps located at the City of New Braunfels, Coma/

County, Texas. The current zoning map show this area as Planned Development

District and the Future Land Use Plan distinguishes the property as Low Density

Residential and Commercial. This project is proposed to be 3. 45 lots per acre which is

considered to be low density. The base zoning district for this project is R-1A.

2. The total acreage for this development is 228.685 acres of which 228.685 acres being

single family residential.

3. A 20' public utility easement (PUE) will be dedicated adjacent to all street right of

ways.

4. No portion of this site is located with the 1 00-yr FEMA flood plain as designated on

Community Panel 48091c0445 f, dated: September 2, 2009.

5. A Homeowner's Association will be created during engineering design phase of the

project.

6. This property will be served by the following:

New Braunfels Utilities - water, sewer, and electric

AT&T phone service

Time Warner Cable TV

) 7. All residences immediately adjacent to the Vista Hills Subdivision shall be single story.

EXHIBIT "B"

126

8. A minimum six foot tall masonry wall/fence shall be constructed adjacent the single

family residences abutting the future FM 1044 extension, or, the developer shall provide

adequate set-back and/or other sound abatement measures for future noise mitigation

per the Texas Department of Transportaion Guidelines for Analysis and Abatement of

Highway Traffic Noise.

9. Conditions of care of drainage areas shall be as follows and in addition to City

ordinance:

A. All grass areas to be maintained at 12" or less in height and no Jess than twice

a year.

B. All detention ponds to be maintained at 12" growth height or less and shall be

evaluated by an engineer for silt build-up and performance at least once every five

years with a report submitted to the City of New Braunfels engineering

department.

C. All drainage and detention areas located on separate lots will be maintained by the

Homeowner's Association.

10. No cluster mail boxes are to be installed on Vista Place.

11. The drainage areas abutting the homes on Vista Parkway are to be concrete lined.

12. Residential development standards as per New Braunfels Municipal Code Section 3.5-

S(f):

a. Minimum lot area = 6,000 s.f. and 7,200 s.f.

b. Minimum lot width and depth = 50' (width) x 120' (depth) & 60' (width) x 120'

(depth) - regular lots

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E. Additional utility easements or modification of drainage/utility easements.

15. Drainage easements shall be free from all obstructions.

16. The following lots shall be maintained by the Homeowner's Association. The

Homeowner's Association will maintain all community facilities, green spaces, and

detention areas:

Unit - 1, Block 1, Lot 921


Unit - 2, Block 4, Lots 901 - 902



Unit - 5, Block 5, Lot 905 - 906

Unit - 7, Block 1, Lot 914 & 918

Unit - 7, Block 5, Lot 907 & 908

Unit - 8, Block 1, Lot 915 & 919

Unit - 9, Block 1, Lot 916 - 917


Unit - 10, Block 9, Lots 909 - 913

Unit - 11, Block 1, Lot 922 - 923

17. Unit - 1 Block 1, Lots 4 - 6, 14 - 15, 28 - 30, Unit - 9, Block 1, Lots 91 - 92, 99

- 101, 111 - 113 shall not have access to F.M. 1044 extension.

18. Reference property lies within the Coma/ County independent school district.

19. Tree note: developer/builder agrees to plant a minimum of one (1) front yard tree per

lot at the time of building construction.

20. All streets are typical 50' right-of-way unless otherwise shown.

U:\Pianning\Pianned Developments\Highland Grove\Highland Grove PD Dev Standards last revision-No Markups.docx

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~J N~~ Braunf~ls City Council Agenda ftem Report February 28, 2011

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Agenda Item No . ..:fJ3 Presenter- Shannon Mattingly, Planning Department

830-221-4055 - [email protected]

SuBJEcT: Public Hearing and consider approval of the Community Development Block Grant ("CDBG") Consolidated Annual Performance and Evaluation Report ("CAPER").


The CAPER sets out the City of New Braunfels' CDBG program expenditures and achievements for the period of January 1, 2010- December 31, 2010. HUD requires the City hold a Public Hearing for citizen's comments and that the City Council approve the CAPER prior to submission to HUD.


N/A

Strategic Priorities: Growth and development.

\i Yes City Plan/Council Priority: Comprehensive Plan:

Affordable housing, recreational facilities, historic preservation, education and youth.

FISCAL IMPACT:

There is no fiscal impact to the City.


The Community Development Advisory board will review the CAPER at its regular meeting in March. A recommendation to City Council is not required.


Upon closing the Public Hearing, staff respectfully requests the Council approve the CAPER and direct staff to submit said document to HUD.

Page 1 of 1

Crn' OF NEW BRAUNFELS, TEXAS

CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT

(CAPER) FOR PROGRAM YEAR 2010

February, 2010

Prepared by: Department of Planning & Community Development

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SECTION 1:

I. GENERAL .......................................................................... 1

Executive Summary ............................................................. 1 General Questions ............................................................... 2 Affirmatively Furthering Fair Housing ..................................... 4 Leveraging Resources .......................................................... 10 Managing the Process .......................................................... 10 Citizen Participation ............................................................. 10 Institutional Structure .......................................................... 11 Monitoring .......................................................................... 12 Lead-Based Paint ................................................................. 13

II. HOUSING .......................................................................... 13

Housing Needs .................................................................... 13 Specific Housing Objectives .................................................. 13 Public Housing Strategy ........................................................ 14 Barriers to Affordable Housing ............................................... 14 HOME/American Dream Down Payment Initiative ("ADDI") ....... 14

) III. HOMELESS ........................................................................ 15

Homeless Needs .................................................................. 15 Specific Homeless Prevention Elements .................................. 15 Emergency Shelter Grants ("ESG") ........................................ 15

IV. COMMUNITY DEVELOPMENT ............................................. 16

Community Development ..................................................... 16 Public Facility Projects ..... · ........................................... 16 Public Service Projects ............................................... 18 Program Administration .............................................. 20

Nature and Reasons for Changes in Program Objectives ........... 21 Meeting National Objectives .................................................. 21 Activities Involved Occupied Real Property .............................. 21 CDBG Program Income Generated in PY 2010 ......................... 21 Antipoverty Strategy ............................................................ 21

V. NON-HOMELESS SPECIAL NEEDS ...................................... 22

Non-Homeless Special Needs ................................................ 22 Housing Opportunities for People with Aids ("HOPWA") ............. 22

VI. OTHER NARRATIVE ........................................................... 23

.) Other Actions ...................................................................... 23

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This document was prepared with the assistance of many people. First, our Community Development Advisory Committee ("CDAC"), a group of volunteers representing various sections of the City, meets on a monthly basis to discuss all aspects of the CDBG program, and make their recommendations for improvement. They are:

Ms. Courtney Lyons-Garcia, Chairperson Mr. Harry Bowers

Ms. Laurie Hawkins Mr. Jeff Jewell

Dr. Beverly Knuckols Mr. Matthew Carpenter

Ms. Kandance Tournquist Ms. Audrea Gibson Ms. Amber Briggs

The following Board Members also participated but resigned 2010:

Mr. James Blakey Ms. Nancy Trapani Mr. Matthew Hoyt

Based on the recommendations made by the CDAC, the Council has provided complete support for the programs funded by CDBG. They are:

Mayor Bruce Boyer Mayor Pro-Tern Kathleen Krueger

Councilmember Stey,en Digges Councilmember Mark Goodner Councilmember Sandy Nolte Councilmember Mike Ybarra

Councilmember Richard Zapata

Our HUD representatives in San Antonio, Mr. Richard Lopez and Ms. Marinella Murillo, have offered an enormous amount of help, direction and assistance throughout the year. Thanks to one and all.

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& ~ ~ * * ~ First Program Year CAPER \ ~ The CPMP First Consolidated Annual Performance and Evaluation

<:> ~~ . I' Report includes Narrative Responses to CAPER questions that ~-t\1 DE'I~'-° CDBG, HOME, HOPWA, and ESG grantees must respond to each

year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional.

The grantee must submit an updated Financial Summary Report (PR26).

GENERAlS . . . . :.

Executive Summary

The Consolidated Annual Performance and Evaluation Report ("CAPER") is an annual performance and evaluation report required by the U.S. Department of Housing and Urban Development ("HUD"). The report for Program Year ("PY") 2010 identifies the level of progress and accomplishments during the past twelve months in meeting the priorities, goals and objectives of the Consolidated Plan prepared in 2010. The Consolidated Plan is a five-year strategic planning document, and this CAPER completes the final year of the 2010-2014 Consolidated Plan.

The CAPER also reflects information from the federal entity that the City receives from HUD on an annual basis. For PY 2010, $377,823 in housing and community development expenditures came from the Community Development Block Grant ("CDBG") Program.

In order to receive HUD entitlement funds, the City annually submits a one-year Action Plan, including proposed projects and federal certifications. The Action Plan is developed in accordance with the City's Citizen Participation Plan. After submission, projects are implemented in accordance with the approved one-year budget and certifications. An annual report card (in this case, CAPER) is submitted to HUD after a publicly noticed fifteen-day review period.

The City has identified ten priorities that were set out in the City's 2010 Consolidated Plan. Below is a table that summarizes those priorities with FY 2010 accomplishments. The Table reflects only those needs with a high· priority as identified in the 2010 Consolidated Plan.

~~; ~~ (~r~"'t:~~~~~tJu~-~~.~~;'~ ~·flP:. ~ '-"''~·. -~fii1 ~- ~~. ~'H ~" ~1fi. _,, _ ~ .. -- ~~. ~ 1 -"' 'rlr:r.1~~ x ~-=-i!i ~ 1 ~ y -~ ~r;r:~"i ::i:1.~t~J-..._ .!~·=" ·=!...:.~..,.J~...,~L=>~;;.,.m:_os_..:::::::cf,....;..kl!~.~--.. '1.i',L;,·~Lf.J-Ji'.:~.~c.!l;~_;~~'.-;~0~..:~·L1~~~,.;~ 0-~"~tir..:; :::.._ ~-~t~m-h::d"~'-'-4':«>:.~~'>""'-k •• =r-~''""",;- ~ ~~·=a--<.<..~61..:t.

1) To develop drainage systems that No drainage programs were undertaken protects personal property, traffic flow, in this program year. and the environment. 2) To aggressively promote existing 177 youths received assistance through youth-oriented programs, recruit new one CDBG funded program. programs, and assist and encourage the development of after-school and weekend_Q_rograms. 3) To expand educational opportunities No programs were funded in PY 2010 and increase training programs including that met this priority. community colle_g_es or technical schools

4) To preserve and rehabilitate the city's Seven homes were rehabilitated through existing single family and multi-family the Minor Home Repair Program. housing stock, primarily for extremely low- very-low, and low-income families.

5) To improve the living conditions for The Housing Authority of New Braunfels extremely low-, very-low, and low- provided for 525 living units. income renters (0-80% of median in co 6) To increase opportunities for low- and moderate-income level homeownership,

for first-time h 7) To preserve, provide, and improve social services for residents with special needs, particularly the elderly/frail elderly, the physically disabled, and children who are troubled or at risk of in uate housi 8) To expand economic opportunities in the community, particularly for lower income residents. 9) To improve neighborhood environment and facilities used for community services and activities, such as parks and communi centers. 10)To support historic preservation initiatives.

Funding was appropriated for the development of a site for 72 homes th h Habitat for Human Two groups providing services to children and the elderly assisted 393 New Braunfels residents.

10 low-income workers were employed by contractors working under the Minor Home Re ram. No park or community center improvements were undertaken in 2010.

No historic preservation projects were und ken in 2010.

No low priority needs received HUD funding. According to the Community Needs Table in Section 2, community needs identified in the Consolidated Plan are being addressed, and the majority of our strategic planning objectives are being met.

This year is the first reporting year for the 2010 Consolidated Plan. PY 2010 provided the City with an opportunity to continue its progress towards completing any outstanding high/medium priorities and objectives from the previous Consolidated Plan cycle. Our analysis indicates that at the conclusion of PY 2010, approximately 90% of needs with a high priority as identified in the 2010 Consolidated Plan have been met or exceeded.

The above noted performance statistics in the first program year of the 2010 Consolidated Plan reflects a satisfactory performance in meeting the 2010 Consolidated Plan's priorities and objectives.

General Questions

During PY 2010, the City of New Braunfels· utilized its CDBG entitlement grant to fund activities that were pertinent to the strategic plan objectives outlined in the five-year Consolidated Plan. The following table summarizes each of the priorities under which these activities were accomplished:

City of New Braunfels PY 2010 CAPER

2 February, 2011

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ACCOMPLISHMENT SUMMARY:

The following table illustrates the five-year goals of the Consolidated Plan by priority need category and the per-year measurement, of the first year of the Consolidated Plan (PY 2010- 2014).

-~"~ ~~:~1!1~-i~~~o\Y..,i#.,~wr~~f{'">v~ '" """"~ Develop drainage systems/

Promote youth oriented programs

Expand educational opportunities

Rehabilitate single family and multifamily housing

Improve living conditions of low-income renters

Increase opportunities for homeownership

Provide services to residents with special needs

Expand economic opportunities

Improve neighborhood environment

To support historic preservation initiatives

City of New Braunfels PY 2010 CAPER

Assist 2,500 people in flood prone High areas.

High Benefit 1,000 youth from low-income families.

High Provide assistance that will benefit 10 businesses or 10 individuals.

High Rehabilitate 25 homes.

High Assist 10 families obtain affordable rental units

High Provide grants for the purchase of 10 homes

High Provide services to 1,000 elderly and children.

High Create 10 full time jobs

High Provide park/recreational facilities for 2,500 low income people

High Preserve five buildings.

3 February, 2011

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AFFIRMATIVELY FURTHERING FAIR HOUSING

Managing the Process

Analysis of Impediments to Fair Housing Choice

The City of New Braunfels' Fair Housing Plan ("FHP") was first introduced in September, 1978, and has been subsequently updated throughout the years to insure compliance with the Consolidated Plan certification requirements to affirmatively further fair housing. The FHP specifically sets forth relevant demographic information, suggested sources of housing discrimination, lending activities and data, patterns of occupancy in public and government assisted housing, as well as other conditions affecting housing choice. In addition to the Impediments Analysis, the FHP contains methods for citizen participation and the development and implementation of fair housing planning. This document was updated to coincide with the PY 2005-2009 Consolidated Plan and remains relevant for the 2010-2014 Plan cycle.

The Analysis of Impediments contains the following components:

)> Demographics; )> Employment Data; )> Housing Profiles; )> Fair Housing Concerns; )> Identification of Impediments to Fair Housing; )> Proposed Actions to Address Impediments; and )> Assessment of Current Public and Private Fair Housing Programs.

Included in the 2009 Fair Housing Plan is strategic planning and actions designed to overcome impediments to fair housing, and reporting methods and documentation to track the Consolidated Plan's regulatory requirements as cited in 24 CFR 91, et. seq. It is intended that the Analysis of Impediments will serve as the footprint for fair housing planning in the PY 2010-2014 Consolidated Plan.

Strategic Planning and Actions Taken to Overcome the Effects of Impediments Identified in the Analysis of Impediments

In developing actions to eliminate the effects of identified impediments in the Analysis of Impediments, it was essential that the objectives be clearly defined with measurable results. The objectives are directly related to the conclusions and recommendations contained in the Analysis of Impediments and were designed to overcome the identified impediments.

Each objective or policy designed to overcome an identified impediment has an action or set of actions that serve as a milestone in achieving each objective. The listed milestone is a measurable action set to accomplish the objectives of the FHP, and is used to monitor the progress in carrying out the Plan as well as establish midcourse corrections, changes or additions during implementation.

Since the inception of the City of New Braunfels' Fair Housing Program, the Program has relied upon fair housing education, community outreach, technical training, compliance activities, counseling and organizational relationships to meet the fair housing needs of New Braunfels' residents and housing providers. Administered by

4 First Program Year 2010 CAPER February, 2010

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City of New Braunfels

the Community Development Department, the fair housing program continues to use these effective methods to achieve affirmative furtherance of fair housing in our community.

Fair Housing Education and Community Outreach:

Although the right to equal housing opportunity is set by law, enforcement actions are not completely sufficient to create an environment in which all persons can be insured of their housing rights. Community members must know about the existence of fair housing laws in order to avoid violating them. Information about the laws and their penalties also serve as a determent and help protect against discrimination in housing. Homebuyers and housing providers must know their rights and responsibilities individually as well as the social and business advantages that occur through honoring both the spirit and the letter of fair housing laws.

Housing consumers and providers also need to know how the law is implemented and how the law protects them in providing equal treatment. Knowledge of the law also aids the individual's ability to distinguish between discriminatory acts and other actions involving housing that may not be discriminatory. Fair Housing education gives an opportunity for individuals to explore their questions and fears as well as provides an opportunity to learn about the benefits of a diverse community, doing business in an open market, and providing housing in a way that allows all residents in a community to be included.

Fair housing educational activities created and implemented by the City of New Braunfels has been designed for the general public as well as targeted groups in the community, such as racial and ethnic populations, families with children, the building and development industry, financial institutions, persons with disabilities and educators.

The goal of education and community outreach is to increase the overall knowledge of housing law to all community residents in both the private and public sectors so as to inform housing consumers and providers of the rights and responsibilities, temper discriminatory attitudes, improve lending opportunities to potential housing consumers, and promote fair housing choice among residents of publicly owned and publicly assisted housing. The education and community outreach objectives to meet this goal are as follows:

)> Annually distribute 250 brochures, pamphlets, fact sheets, handbooks and other written materials increasing fair housing education to housing consumers and housing providers by mail, fax, e-mail, during presentations and workshops, at street fairs, and other public events.

)> The City will regularly publish a clearly defined policy that describes the process of how an individual can file a complaint with the City, and how the City will resolve the complaint.

)> The City will coordinate and assist in the implementation of housing rights and responsibilities with the Housing Authority of New Braunfels.


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Technical Training:

Given recent changes and advancement in fair housing laws, many homebuyers and housing providers are, at times, unfamiliar with these laws. Even those familiar with the text of the laws may not know how to apply the laws to everyday situations or how to respond to situations encountered in the housing market. Training programs focus on educating housing providers such as brokers, managers, builders and lenders, as well as others in the housing industry about rights and responsibilities under the fair housing laws.

Technical training is typically oriented toward housing industry professionals and social service providers, as well as instructors. Training for these groups can be provided in a community forum setting by bringing different representatives of different agencies together to learn fair housing basics or on-site training to focus on particular issues. While brokers, builders, sales agents, apartment managers, appraisers and other housing professionals need to be familiar with fair housing laws and their applications, technical training to social service organizations, homeless shelters, governmental service offices and protected class organizations can yield substantial tenant audiences.

The goal of technical training is to provide a detailed level of training in fair housing law and practical applications to a concentration of housing industry professionals, housing advocates and protected class organizations which will significantly raise the overall knowledge of fair housing laws, temper discriminatory attitudes, improve lending opportunities to potential homebuyers, and promote fair housing choice among residents of publicly owned and publicly assisted housing. The technical training objective in meeting this goal is as follows:

).> Provide Seminars: Conduct Affordable Housing Fairs for low-income homebuyers, credit counselors, realtors, mortgage companies and bank representatives, and CDBG staff to educate potential home buyers on issues related to credit and purchasing a home.

).> Conduct Workshops: In coordination with the Department of Housing and Urban Development, conduct fair housing workshops for housing providers who are parties to agreements with the City of New Braunfels. Workshops were implemented in PY 2009 and continue forward.

Compliance Activities:

Insuring the compliance of fair housing laws is an important issue in maintaining any fair housing program. The U. S. Department of Housing and Urban Development has been charged with governmental enforcement of fair housing laws throughout the State of Texas. Individuals and private organizations may also enforce fair housing laws under provisions of the Fair Housing Act by maintaining civil law suits in federal and state courts.

The first step in resolving a compliance allegation is to process the initial complaint. The Community Development Department Manager or the City Secretary ordinarily receives initial complaints via telephone or e-mail. Callers are asked to articulate a basis to their illegal housing discrimination allegations before formally filing a written complaint. Many callers are able to substantiate a landlord-tenant dispute not


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involving an illegal housing discrimination, and are referred to other agencies which may better address their situation.

However, callers that are able to articulate a basis of illegal housing discrimination are asked to complete a formal, written housing discrimination complaint. The complaint form contains essential information to contacting the parties involved and in providing a foundation to the investigation of the allegations. The allegations of the complainant party are scrutinized carefully for factual and illegal bases of fair housing violations. Often, invalid allegations of illegal housing discrimination are confirmed through the use of collaboration of third parties or documentary evidence that substantiates violations of fair housing laws.

Once the complainants' allegations have been confirmed, the responding party is contacted to provide further information to the investigation. Upon receipt of the responding parties' facts, a determination is made as to whether sufficient evidence exists to establish illegal housing discrimination.

Upon a finding of significant evidence to establish illegal housing discrimination, several methods to resolving the fair housing act violation are made available to the complaining and responding parties. Mediation, a legally non-binding dispute resolution technique that solicits possible settlement ideas from the parties, is made available to both the complainant and the respondent. The mediator has no authority to render an opinion or bind the parties to the decision, but if a solution is reached, the parties avoid further proceedings. After successful mediation, both the complainant and the respondent may enter into a written agreement that is enforceable as a legally binding contract.

A second alternative is to refer the case to an enforcement agency for administrative legal proceedings. The U. S. Department of Housing and Urban Development is responsible for enforcing fair housing laws. Penalties sought by the federal government vary in degree and intensity depending on the severity of the act.

The third possible alternative is the filing of a civil lawsuit in state or federal court by the complaining party. A civil lawsuit requires that the complaining party retain an attorney at the complainant's own cost. A judgment for damages after a trial court's finding of liability is unlimited and may be paid entirely to the complaining party.

The goal of enforcement is to engage in compliance activities giving housing consumers and housing providers a forum to resolve housing discrimination concerns and allegations such that discriminatory attitudes and discriminatory conduct, in particular, are discouraged. The enforcement objectives in meeting this goal are as follows:

J;;> Complaint Investigation: Investigate all formal housing discrimination complaints received by the Community Development Department and make appropriate referrals to enforcement agencies after a determination of sufficient validity of the complaint has been confirmed. Complaint investigation is effective immediately and will continue through the life of the FHP.

J;;> Mediation: Provide and promote mediation services to complainants and respondents in all formal housing discrimination cases undertaken by the Community Development Department., except those cases meeting criteria


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set out by the U. S. Department of Justice and the U. S. Department of Housing and Urban Development that necessitate immediate action by those agencies. Mediation services are to be implemented immediately and will continue through the life of the FHP.

~ Formalized Settlement Agreement/Preservation of Rights: Prepare a standardized, written settlement agreement for signature by complainants and the respondents in housing discrimination cases undertaken by the program. The formal settlement agreement would ensure a respondent's compliance to the settlement matters and preserve a complainant's rights to seek appropriate remedies by further proceedings should the respondent fail to abide by the terms of the settlement.

Counseling:

A very useful outreach service is the prov1s1on of fair housing counseling. Fair housing counseling provides one-to-one attention through telephone or walk-in contact with the public. Fair housing counseling provides both consumers and providers with answers to particular fair housing and related questions.

Counseling is an effective tool in overcoming the lack of knowledge of fair housing laws and in promoting the enforcement of valid housing discrimination complaints. These impediments are particularly in the areas of education and compliance.

The counseling objectives in meeting this goal are as follows:

~ Discrimination Hot Line: The housing discrimination hotline will be advertised on the City's television station, in the local telephone book, and will be a continued subject included in fair housing publications and advertising/marketing items. The Hotline is effective immediately, and will continue through the life of the FHP.

Organizational Relationships:

The goal of organizational relationships is to utilize public participation by individuals, associations and agencies in order to best design and implement educational, technical training and compliance objectives and methods. The objectives in meeting this goal are as follows:

~ Community Development Advisory Committee: Support the CDAC activities that increase awareness and education on fair housing issues. Participate in monthly meetings. Utilize resources in promoting and funding educational projects and meeting the objectives of the Program. Support and participation is to be effective immediately and will continue through the life of the FHP.

~ Community Reinvestment: Support lending activities in areas of low-income and minority concentration throughout the City. Promotional activities began in the first part of PY 2005 and will continue on a yearly basis, as funded.

~ Interagency Cooperation: Assist local shelters and non-profit agencies to provide needed services to the community.


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SUMMARY FAIR HOUSING PLAN

PY 2010 GOALS, OBJECTIVES AND ACCOMPLISHMENTS

Annually distribute 250 brochures, pamphlets, fact sheets, handbooks and other written materials.

Publish clearly defined policies.

Coordinate and assist in the implementation of housing rights with the Housing Authority of New Braunfels ("HANB")

Provide Seminars

Conduct Workshops

Complaint investigation

Mediation

Formalized Settlement Agreement

Discrimination Hot-Line

Community Development Advisory Committee

Community Reinvestment

First Program Year 2010 CAPER 9

250 pamphlets were set out in public places such as libraries, churches and non-profit organizations; 100 flyers were

localle 5 x 6 box ads were placed in the local newspaper advising readers of fair housi ctices and cies. Provided 100 informational pamphlets to renters in HANB-run rental units.

One Fair Housing Seminar was held at the City's Civic Center. Included in conducting the seminar were lenders and brokers from various encies. Fair Housing practices were discussed at one CDBG worksho in 2010.

No complaints were received in this office duri the ram r. No mediation was conducted due to the Ia com The City has complaint/resolution forms, and created a standardized Settlement

Information regarding fair housing practices has been placed in all distributed publications, with a direct phone number for the Community Development Manager or a HUD representative. No phone calls were received last r.

Monthly meetings have been conducted to discuss CDBG funded projects, including fair housing issues and awareness. No activity was conducted in this area as the First Time Homebuyer Program was not funded in this fiscal r.

February, 2010


Interagency Cooperation

Leveraging Resources

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The City worked with local non-profit agencies such as the Coma! County Housing Authority and Westside Community Center to assist with housing and homeless issues.

The City of New Braunfels used CDBG, Texas Department of Housing and Community Affairs Housing Trust Fund and HOME programs, and the City's General Fund monies to address its Consolidated Plan priorities. The City makes every reasonable effort to bring in financial support in addition to federal funds to complete the projects undertaken. Typically, at the time of the request for funding from the City, a subrecipient is required to obtain other funds to supplement the federal funds requested of the City. For the last fiscal year, the City's HUD leverage ratio exceeded 6.5 to 1 (for every $1.00 of CDBG funds used, approximately $6.50 was leveraged from other sources). The amount of program funds used and the amount these funds leveraged are listed below:

CDBG Funds Expended: Total Project Costs: Leveraged Funds:

Match Requirements:

$ 346,447 $2,170,460 $1,824,013

The City of New Braunfels received funding for its Housing Trust Fund Programs through the Texas Department of Housing and Community Affairs in PY 2010 that required matching funds from the City. Matching funds were allocated out of the City's General Fund.

Managing the Process

The City of New Braunfels Housing & Community Development Department serves as the lead agency for the Consolidated Plan and administration of CDBG funds. The following agencies were consulted in the development of the annual Action Plan at the beginning of the program year: New Braunfels Housing Authority, Habitat for Humanity, Children's Advocacy Center, and the Comal County Senior Citizen's Center.

The City of New Braunfels will resume hosting interagency meetings on a monthly basis to enhance coordination between public and private housing, health and social service agencies. This process was halted in PY 2010 due to staff changes.

Citizen Participation

Citizen participation, an integral part of developing the City of New Braunfels PY 2010 CAPER, was obtained through public hearings and public meetings. The City's Citizen Participation Plan that was adopted in the 2010-2014 Consolidated Plan details procedures to follow for public hearings, plan amendments, reporting information and public accountability.


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The City held one public meeting and one public hearing to solicit input from residents and social service providers on the needs in the City of New Braunfels. Those meetings were held at the following locations:

Wednesday, February 2, 2010 Community Development Advisory Committee Meeting City of New Braunfels Conference Room B 424 S. Castell New Braunfels, TX 78130 Time: 6:00P.M.

Monday, February 8, 2010 City Council Chambers City of New Braunfels 424 S. Castell New Braunfels, TX 78130 Time: 6:00P.M.

Notice of these public hearings was published in the local newspaper, New Braunfels Herald-Zeitung, on January 24, 2010. In addition to the public hearings, citizens were able to access the CAPER on the official city website at www.nbtexas.org. The CAPER is also available for public review at the City Secretary's Office as well as the City Library.

There were no public comments on the PY 2010 CAPER.

Institutional Structure

Effective implementation of the Consolidated Plan involves a variety of agencies. Coordination and collaboration between agencies is important to ensuring that the needs in the community are addressed. The key agencies that are involved in the implementation of the Plan as well as additional resources that may be available are described below.

Public Sector

City of New Braunfels Housing & Community Development Department. The Housing & Community Development Department is responsible for the administration of the City's programs funded by CDBG monies. This office has primary responsibility for managing and implementing the City's affordable housing programs, the Consolidated Plan programs, and related documents. Other City departments that are also involved in providing services include Code Enforcement, Planning & Community Development, Parks and Recreation Department, the City Secretary's Office and the Main Street Department.

New Braunfels Housing Authority. The City of New Braunfels Housing Authority administers the Housing Choice (Section 8) Voucher Program. The City works in close consultation with the Housing Authority regarding public housing issues in the City of New Braunfels.


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Ellis Community Resources, Inc. is a 501(c)(3) non-profit organization that has been established by the Housing Authority for the purpose of purchasing and developing affordable housing.

Non-Profit Agencies

Habitat for Humanity. Habitat for Humanity has been active in the City of New Braunfels for several years, building infill housing as site became available. This year, the City has partnered with Habitat for Humanity for the development of a single family dwelling. Funds have been used to assist in the purchase of the site.

Private Sector

The private sector is an important collaborator in the services and programs associated with the Consolidated Plan. The private sector brings additional resources and expertise that can be used to supplement existing services or fill gaps in the system.

Lenders, affordable housing developers, business and economic development organizations, and private sector providers offer a variety of assistance to residents such as health care, small business assistance, home loan programs, and assisted housing, among others. Some of these organizations include the Chamber of Commerce, which provides resources to local and start-up businesses and Habitat for Humanity, which was been mentioned in a paragraph above.

Coordination

The City of New Braunfels is committed to continuing its participation and coordination with federal, state, county and local agencies, as well as with the private and non-profit sector, to serve the needs of target income individuals and families in the community.

In particular, the City will continue to work in close coordination with area service providers for the provision of services. The City will also work with the building industry to address local housing needs.

Monitoring

The City of New Braunfels has developed a monitoring system to ensure that the activities carried out in the Consolidated Plan are done so in a timely manner in accordance with the federal monitoring requirements set out in 24 CFR 570.201(V) and 24 CFR 85.40, and all other applicable laws, regulations, policies and sound management and accounting practices. The objectives of monitoring are:

• To assure that subrecipients are carrying out their program/project as described;

• To assure that subrecipients are implementing the program/project in a timely manner;

• To assure that subrecipients are assessing costs to the program/project which are eligible under CDBG regulations and the contract;

• To assure that subrecipients are conforming with other applicable laws, regulations and terms of the agreement;


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; City of New Braunfels

• To assure that the program/project is operating in a manner that minimizes the opportunity for fraud, waste, and mismanagement;

• To assure that subrecipients have the capacity to carry out the approved project/program; and

• To assure that subrecipients are carrying out their project/program as described.

The City will continue to track and report on its progress toward meeting its housing and community development goals. On an annual basis, City staff will include this information in the CAPER that summarizes progress on goals and priorities in the Consolidated Plan and Annual Action Plan.

In addition, the City monitored all participating subrecipients in the program year in order to review the activities included in their agreement with the City. Such review included desk audits and on-site examinations to determine compliance with all applicable requirements as outlined in the Subrecipient Agreements. A response to the monitoring review was mailed to each subrecipient within thirty (30) days.

Lead-based Paint

Having been established in 1845, the City of New Braunfels has an abundance of homes that were built prior to 1978. With the implementation of the Minor Home Repair Program in 2003, tools for reduction of lead based paint were set out in the Policies and Procedures manual to comply with the Residential Lead Based Paint Hazard Reduction Act of 1992 (Title IX) and subsequent changes in September, 1999. The procedures include:

• Notification • Identification • Treatment (if required)

HOUSING . ' • • J - ~ •

Housing Needs

The Consolidated Plan has identified affordable housing needs and prioritized them by level. of need. The Plan identified three priority values: High, Medium, and Low. High priority items would most likely receive funding; Medium priority items would receive funding if it is available; and Low priority items were not addressed in the City's Strategic Plan.

Specific Housing Objectives

Permanent Housing Rehabilitation (Single-Family and Multi-Family)

Goals: Rehabilitate substandard housing units for priority needs: Owner 0-30% MFI, 31-50% MFI, 51-80% MFI.

Objectives: Rehabilitate 10 low-income single-family units


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Accomplishments: The City of New Braunfels' Minor Home Repair program completed rehabilitation activities on 7 substandard single-family homes.

Homeownership Opportunities (Acquisition and New Construction)

Goals: To provide homeownership opportunities for priority needs: Cost burden to small and large related renters, and overcrowded conditions for small and large related renters.

Objectives: Provide a down payment assistance program for 10 households.

Accomplishments: Funding was not provided in PY 2010 for the New Braunfels' Homebuyer Assistance Program.

Public Housing Strategy

The Housing Authority of the City of New Braunfels ("HANB") operates Laurel Plaza and the Villa Serena apartment complexes, and the Section 8 Existing Housing Program that provides Housing Choice Vouchers (HCV). Laurel Plaza has 100 uni.ts of elderly housing; Villa Serena has 70 units of family housing; and HCV (vouchers) provides 292 units of elderly/disabled/family housing.

In addition, Ellis Townhomes, Inc., the Housing Authority's non-profit corporation, owns 62 rental units utilized for affordable rental housing units. Ellis Townhomes provides affordable rental housing, down payment assistance, and counseling for first-time homebuyers; as well as rehabilitation and re-sale of HUD homes.

The Comal County Housing Authority (same management as HANB) is operating a Tenant-based Rental Assistance Program (HOME Program) grant in the amount of $275,000. This funding assists 30 families, elderly and homeless persons a month with rental assistance and security deposits. These clients are considered extremely low-income.

In addition to the regular HUD subsidy for the Low-Rent Program (Laurel Plaza and Villa Serena) HUD has provided funding to the HANB for eight consecutive years for capital improvements to the two sites. This funding has greatly assisted the agency in its efforts to maintain and upgrade the sites. Previous improvements and maintenance had to be accomplished with funds from the regular operating receipts of the complexes.

Barriers to Affordable Housing

The City of New Braunfels is committed to removing or reducing barriers to affordable housing whenever possible. To that end, the City has aggressively fostered and maintained programs for affordable housing. Several meetings consisting of leaders from the lending and real estate industries were held in PY 2010 to discuss housing affordability and availability within the community.


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HOME/ American Dream Down Payment Initiative (ADDI)

The City of New Braunfels does not receive HOME/ADD! funds through the Department of Housing and Urban Development. In past years, the City has received HOME funds from the State of Texas Department of Housing & Community Affairs, which were used to provide up to $30,000 in home repairs to low-income, owner-occupied residences within the City. In 2008, the City was awarded $250,000 in Housing Trust Funds to continue its' minor home repair program which was originally funded through HOME. In addition, the City has received HOME funds in the amount of $350,000 to supplement the Minor Home Repair. As TDHCA's HOME funds are not based on entitlement, the City will continue to apply for HOME/HTF funds from the State on a yearly basis.

Homeless Needs

Though the City of New Braunfels has a very small visual homeless population, the loss of a job, a raise in rent, an eviction from housing or domestic violence can easily lead to homelessness for many low-income individuals and families. Accordingly, the City's high priority activities are concentrated on homeless prevention.

The City has attempted to outline an effective community-based process to maintain, and in some cases, fill gaps in the Continuum of Care for the homeless in the New Braunfels area. In the past, the City of New Braunfels has taken an active approach to combat conditions that stem from poverty and unemployment.

The City of New Braunfels' Continuum of Care system is active, inclusive, comprehensive and responsive to the needs of the various provider organizations and the clients they serve. The system of developing and maintaining a continuum of care for homeless persons is inseparably linked with other collaborative planning groups through joint objectives and cooperative associations. At this time, several organizations have met to assess the needs of the homeless. The Institute for Public Health and Education Research, Inc. ("TIPHER") has spearheaded a group consisting of churches, non-profit organizations and governmental agencies to discuss the issues facing the homeless in New Braunfels. TIPHER is continuing to investigate measures to consolidate services to prevent overlapping and duplication of efforts, and expand their presence in the community in order to serve as many needy persons as possible. City staff is serving in an advisory capacity, and will assist future projects with CDBG funds if requested.

Specific Homeless Prevention Elements

A primary goal to address the issue of homelessness and homeless prevention is to encourage a range of supportive services to help those at risk of becoming homeless and those who are without shelter. Not funded through CDBG, but offering services to the citizens of New Braunfels are the following shelters: Connections, Salvation Army, Comal County Women's Shelter, Safe Place, St. Jude's Children's Shelter and Catholic Worker House.


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The City will continue to assist with the provision of supportive services which may include free food and clothing, counseling, emergency housing assistance, referrals, or temporary shelter.

Emergency Shelter Grants (ESG)

The City of New Braunfels did not receive an ESG grant from the Department of Housing and Urban Development in PY 2010.

Community Development

During PY 2010, CDBG funds were spent on three different categories: Public Services, Public Facilities, and Administration. The text below gives a description of the relationship of the Consolidated Plan priorities, needs, goals and specific objectives. A chart detailing the Accomplishments Summary can be found on Pages 1-2, and also in Section 2: Community Development Needs Table, and Section 3: Summary of Specific Annual Objectives.

PUBLIC FACILITY PROJECTS:

Infrastructure Improvement - High Priority:

Goals:

• To develop drainage systems which protect personal property, traffic flow, and the environment.

Objectives:

To upgrade drainage facilities in flood-prone areas and improve infrastructure.

Accomplishments:

Drainage improvements received a high priority need in the Consolidated Plan. The Veramendi and Basel drainage projects have met the goal of addressing deficiencies in low-income and blighted areas. The five-year specific objective of drainage improvements was to benefit at least 2,500 residents. These projects have accomplished that goal.

Housing - High Priority:

Goals:

To preserve and rehabilitate the City's existing single family and multifamily housing stock, primarily for extremely low-, very low-, and low-income families (0-80% of median income).

Objectives:

Rehabilitate 25 houses in a five-year period.


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Housing issues have received a high priority in the Consolidated Plan. During PY 2010, seven homes received minor rehabilitation assistance. The City's Minor Home Repair Program performed renovations on seven homes at $5,000 each. A total of $35,000, in CDBG funds was spent in PY 2010.

In addition, funding in the amount of $40,000 was provided to Habitat for Humanity in order to purchase property to develop single family dwellings for low-income families.

The Carnal County Senior Citizen's Center instituted a Minor Home Repair Program that filled a gap that CDBG funding through the City could not fill. Minor home repair grants under $2,000 were given to qualified applicants to repair health and safety hazards. The Senior Center received a grant in the amount of $65,000, and made repairs to 35 residences.

The City has also utilized TDHCA HOME and Housing Trust Fund monies to supplement the Minor Home Repair Program. Through the Housing Trust Fund grant, 8 grants in the amount of $30,000 each were awarded to New Braunfels homeowners.

Goals:

To improve the living conditions for extremely low-, very low- and low-income renters (0-80% of median income), including renter households threatened with loss of their permanent housing; and to improve services to the City's residents who become homeless, in order to return these families and individuals to independent living in permanent housing.

Objectives:

Assist 10 families to obtain affordable rental units, and support the expansion of existing housing programs through partnering agencies.

Accomplishments:

While considered a high need in the Consolidated Plan, much of the City's rental needs are addressed through the New Braunfels Housing Authority's Section 8 program and rental assistance program. No CDBG funds were expended in PY 2010 for rental housing.

Goals:

To increase opportunities for low- and moderate-income level homeownership, particularly for first time homebuyers.

Objectives:

To provide grants for the purchase of 10 homes in a five-year period.

Accomplishments:



Considered a high priority in the Consolidated Plan, the Homebuyer's Assistance provides up to $5,000 to qualified low and moderate-income applicants, which is to be used for 112 the down payment and closing costs. The program was not funded in PY 2009.

Neighborhood Facilities - High Priority

Goals:

To improve neighborhood environment and facilities used for community services and activities, such as parks and community centers. Objectives:

Provide assistance to park/recreational/neighborhood related facilities that will benefit 2,500 New Braunfels residents from low-income families over the five-year Consolidated Plan period.

Accomplishments:

The Parks Foundation, a 501(c)(3) organization formed by the City's Parks Department received a grant in the amount of $15,000 to build Phase II of the JAWS Skatepark, which is located in Eikel Park in the west end of New Braunfels in 2009. No parks were funded in 2010.

PUBLIC SERVICE PROJECTS:

Youth Programs - High Priority:

Goals:

To aggressively promote existing youth-oriented programs, recruit new programs, and assist and encourage the development of after-school and weekend programs.

Objectives:

Fund youth-related activities that will benefit approximately 1,000 youth from lowincome families in a five-year period .

. Accomplishments:

CDBG has recognized the high need to provide programs oriented towards the youth in our community, and has given a high priority to those applications for funding. Three programs were funded in PY 2010 that addressed the goals set out in the Consolidated Plan:

Big Brothers/Big Sisters mentors at risk youth with adults in our community. BBBS received $5,000 in CDBG funds.


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CASA of Central Texas represents youth who are have been removed from violent home situations and are being processed through the court system. CASA was not funded in PY 2010.

Educational Opportunities- High Priority:

Goals:

To expand educational opportunities and increase training programs including community colleges or technical schools.

Objectives:

Provide funding for job development, marketing and training services that will benefit 10 businesses or 10 individuals during the five-year Consolidated Plan.

Accomplishments:

The Central Texas Technology Center, run by the Alamo Community College District, offers GED courses, technical training, and training for various trades. The City will have a number of opportunities to consider utilization of CDBG funds in the future.

) Social Services- High Priority:

Goals:

To preserve, provide, and improve social services for residents with special needs, particularly, the elderly/frail elderly, the physically disabled, and children who are troubled or at risk of inadequate housing.

Objectives:

Support the expansion and creation of additional supportive services to 1,000 elderly and children within the five-year Plan period.

Accomplishments:

Social services to the community have received a high priority in the five-year Consolidated Plan.

The Comal County Senior Center has instituted two programs that assist the elderly: Meals on Wheels and "My Friend's Haus". The Meals on Wheels program served one hot nutritious meal a day to homebound or needy senior citizens. The program received $15,000 in PY 2010, and assisted 165 seniors. "My Friend's Haus" is an adult day care center which provides services to senior citizens or disabled persons who need a minimum of supervision or medical care. "My Friend's Haus" received $10,000 in funding and assisted 15 people.

Economic Opportunities - High Priority:


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Goals:

To expand economic opportunities in the community, particularly for lower income residents.

Objectives: No full-time jobs to low-income residents were created during the first program year of the 2010-2014 Five-year Consolidated Plan period.

Accomplishments:

The City has made an effort to hire local contractors for the Minor Home Repair Program, and subsequently they have been encouraged to hire workers from the local work force. The Consolidated Plan goal has been exceeded, as 55 people have been employed as a result of this program.

In addition, funding in the amount of $40,000 was utilized for fac;ade improvements in the historic downtown area, thereby creating jobs for low-income residents, and improving overall appearance of the historic district.

Historic Preservation - High Priority:

Goals:

To support historic preservation initiatives.

Objectives:

Provide assistance to those groups who are attempting to save the historic sites and buildings to preserve the unique history of the City of New Braunfels.

Accomplishments:

No projects were funded in PY 2010.

PROGRAM ADMINISTRATION:

Goals:

Developing needs assessments, alternative sources of funding, and provide strategic planning to promote optimum use of CDBG funds in the community.

Objectives:

Submit Annual Action Plan, Consolidated Plan, and required documentation to HUD to ensure timely drawdowns and expenditure of CDBG funds.

Accomplishments:


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The Annual Action Plan, which describes the projects and activities for the new fiscal year, has been submitted on a yearly basis. Required documentation, such as Form 272 (Quarterly Financial Reports), HUD-2516 (Semi-Annual Contract and Subcontract Report), and Section 3 (Quarterly Labor Standards Report) have been submitted on a timely basis. Monitoring and oversight of subrecipients has been accomplished, with appropriate documentation such as Davis-Bacon reports, environmental reviews, Performance Monitoring Reports, etc., placed in the appropriate files.

Nature and Reasons for Changes in Program Objectives

There were no amendments to the Consolidated Plan priorities or objectives during PY 2010. The Consolidated Plan for 2010-2014 is effective as of January 1, 2010.

The City regularly reviews the progress set out in the Action Plan. If it appears that an activity cannot be completed, its funds are reprogrammed to another activity. The City is following the current HUD-approved Action Plan.

The City pursued all resources by obtaining CDBG funds in PY 2010. The City provided the requested certifications of consistency for HUD programs, in a fair and impartial manner, and it did not hinder Consolidated Plan implementation by action or willful inaction.

Meeting National Objectives

The City used its CDBG funds to meet national objectives, and the City complied with the overall benefit requirement for the activities completed in PY 2010.

Activities Involving Occupied Real Property

The City did not utilize CDBG funds to purchase or demolish occupied real property during PY 2010. The only rehabilitation completed on occupied properties with CDBG funds during the fiscal year were minor home repairs. None of these projects involved the displacement of homeowners.

CDBG Program Income Generated in 2010

The City was not involved in any projects that generated program income.

Please refer to the Community Development Table in the Section 2 for a summarization of Community Development Needs.

Antipoverty Strategy

The City of New Braunfels' anti-poverty strategy is based on attracting a range of businesses and providing workforce development including job training services for low-in~ome residents. In addition, the City's strategy is to provide supportive services for target income residents, such as childcare services.

Planned economic development and anti-poverty programs include:

• Job training services;


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• Commercial rehabilitation; • Childcare center and services; and • Homeless services.

Non-homeless Special Needs

The following are additional services that are available in the community that address the Consolidated Plan and Strategy goals, and that also contribute to a continuum of care in the community:

Child Care Services:

Child Care Management Services (City of San Antonio, Children's Resources Division) offers financial assistance for child care, crisis intervention, information and referral; the Carnal County Emergency Children's Shelter offers assessment, emergency shelter, and referral; the Children's Health Insurance Program offers services with fees based upon income; the Carnal Independent School District offers child care services; Communities in Schools of Carnal County offers counseling, enrichment programs, mentoring and tutoring.

Employment Training:

The Texas Workforce Commission matches persons looking for work with potential employers based upon job skills. The Alamo Workforce Development Council, funded under the Workforce Investment Act (formerly JTPA), provides services for lower income adults and teenagers.

The Texas Rehabilitation Commission also operates vocational programs for physically and mentally handicapped persons interested in entering or remaining in the workforce. These services include vocation counseling, job skills training, assistance devices needed to improve physical functioning, job placement, and follow-up services. The VAC program is a vocational activity program for students who are learning-disabled; they are able to work in the community and get credit for the work in order to graduate from high school.

San Antonio College has a satellite location in New Braunfels for college courses; St. Philip's College has a nursing program in nearby Seguin; and the NBISD and CISD offer continuing and community courses for adults.

Communities in Schools Learn to Earn Program provides job training, hygiene, and job etiquette training to youth, and provides a small stipend for the youth as they train; then places them in a job of their choice after training. The employers are expected to mentor the youth placed with them.

Specific HOPWA Objectives

The City of New Braunfels does not receive HOPWA funding.


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Other Actions

As part of the Consolidated Plan and One-Year Action Plan, the City has indicated other actions that may address various community and housing needs. Examples include actions to:

~ Address obstacles to meeting underserved needs; ~ Foster and maintain affordable housing; ~ Eliminated barriers to affordable housing; ~ Ensure compliance with program and comprehensive planning requirements;

and ~ Reduce the number of persons living below the poverty level.

Address obstacles to meeting underserved needs. The City has been providing assistance in meeting the underserved needs by working with non-profit organizations and coordinating with those providing supportive services. CDBG funds were appropriated in PY 2010 to organizations that provided such services as child-care, shelter services and prescription assistance programs.

Foster and maintain affordable housing/Eliminate barriers to affordable housing. The City has aggressively fostered and maintained programs for affordable housing. The city has 103 properties on its wait list for single family rehabilitation.

Ensure compliance with program and comprehensive planning requirements. Compliance with program and comprehensive planning requirements is an on-going endeavor with the City. At the beginning of the fiscal year, a draft planning timeline is formulated by the Housing & Community Development Coordinator that provides the public with information on the City's planning process for community and housing needs, as well as allocating funds for the Consolidated Plan and Action Plan approval. The Community Development Advisory Board ("CDAC") meets on a monthly basis to provide specific planning for particular events. Additionally, City auditors and HUD staff monitor the City for compliance with federal regulations and certifications. Planning and Administration funds in the amount of $69,289 were allocated for PY 2010. CDBG staff has maintained CDBG timeliness in fiscal drawdowns by reducing the overall debt to 0.78 times the CDBG entitlement (HUD's acceptable limit is 1.5 the CDBG entitlement).

Reduce the number of people living below poverty level. The final action, to reduce the number of persons living below the poverty level, has been addressed by funding various groups who provide training and educational services to those lacking basic skills to make an affordable living.

Relocation benefits. During this reporting year, the City undertook the rehabilitation/reconstruction of owner-occupied property. Although no relocation was necessary in any of the projects, all applicants were notified that they could apply for and be relocated (if necessary) on a voluntary basis. If relocation was necessary, City Staff would coordinate relocation efforts with the affected families by notifying them the assistance would be on a voluntary basis and that the grantees should find a place to live while the property was being renovated. Any relocation would be


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temporary in nature and would be for the benefit and safety of the affected families. As stated earlier, no families were relocated and no HUD funds were expended for relocation.

Development of a Performance Measurement System. On March 7, 2006, HUD issued the Notice of Outcome Performance Measurement System for Community Planning and Development Formula Grant Programs. This notice described the new required outcome performance measurement system for communities that receive formula grants. The City of New Braunfels' performance measurement system is an organized process for gathering information to determine how well programs and projects are meeting identified Consolidated Plan needs, then using that information to improve performance as well as better target limited resources. This performance measurement system is crucial to the management of the City's CDBG funds to ensure the limited resources are maximized and projects/programs are not only productive but also yield the desired impact. Examples of the performance monitoring system may be found in Section 5 of this document.


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~U New Braunfels City Council Agenda Item Report February 28, 2011

Agenda Item No. ~ Presenter- Shannon Mattingly, Planning Director

830-221-4055 - [email protected]

SUBJECT: Public hearing and first reading of an ordinance amending Chapter 130, Article VI, New Braunfels Code of Ordinances, relating to the amendment of land use assumptions and a capital improvements plan and the imposition of water and wastewater impact fees.


New Braunfels Utilities charges water and wastewater fees to new development within its service area and has done so since the mid-1970's. Impact fees are up-front fees, usually paid by developers or builders, which are designed to recover part of the cost of major infrastructure needed to serve the new development. These fees are developed for a ten-year planning horizon; as such, the current fees were in effect from 1999 -2009. In compliance with Chapter 395 of the Texas Local Government Code, NBU, with assistance from Rimrock Consulting Company, and the City are now developing the ten-year impact fee program for the period 2009-2019.

Council appointed the Impact Fee Advisory Committee to review fee amendments. This Committee met on November 9, 2010, December 7, 2010 and January 4, 2011 to conduct a technical review of the calculations. On January 4, 2011, the Committee unanimously recommended that the City Council accept the report presented by NBU and its consultant. In accordance with Chapter 395, Council passed a resolution on January 24, 2011, setting the public hearing for February 28, 2011.

FISCAL IMPACT:

N/A

IMPACT FEE ADVISORY RECOMMENDATION:

The Water and Wastewater Impact Fee Advisory Committee met on January 4, 2011, and unanimously recommended approval, as stated in correspondence from the Chair dated January 5, 2011.

ATTACHMENTS: 1. Letter from Water and Wastewater Impact Fee Advisory Committee Chair. 2. Water and Wastewater Impact Fees 2009-2019 document. 3. Ordinance.

U:\Pianning\CCagenda\lmpact Fee Report\lmpact Fee 10 yr.docx

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January 5, 2011

Ms. Shannon Mattingly, AICP Director of Planning and Community Development 424 S. Castell Ave. New Braunfels TX 78130

Re: Impact Fees - New Braunfels Utilities

Dear Ms. Mattingly:

This letter will confirm that the Water and Wastewater Impact Fee Advisory Committee met on January 4, 2011, and unanimously recommended that the City Council approve the "Water and Wastewater Impact Fees Report 2009-2019" as presented by New Braunfels Utilities and Rimrock Consulting Company.

Sincerely,

Che I Casteel, Chair Water and Wastewater Impact Fee Advisory Committee

U:\Pianning\PianningCommission\lmpactFeeAdvComm\2011 \Ltr from Chair 2009-2019 report.docx

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WATER AND WASTEWATER IMPACT FEES

2009-2019

2222 Western Trails, Suite 103 PO Box 163643 . Austin, Texas 78716 512-442-1435/512-442-1436 (FAX) [email protected]

ATTACHMENT 2

009-0212.01

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WATER AND WASTEWATER IMPACT FEES UPDATE

New Braunfels Utilities City of New Braunfels

Prepared for:

New Braunfels Utilities PO Box 31 0289

New Braunfels, Texas 78131-0289 (830) 629-8400

Prepared by:

Rimrock Consulting Company PO Box 163643

Austin, Texas 78716 (512) 442-1435

Contact: Mickey Fishbeck, AICP rimrok@earthlink. net

December, 201 0

©Rimrock Consulting Company, 2010

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5.0 TECHNICAL BASIS FOR FEE CALCULATION

This chapter presents water and wastewater impact fee technical development.

5.1 LAND USE AND PLANNING ASSUMPTIONS

Chapter 395 requires the following in the land use and planning assumptions:

Definition of the service area

Projections in changes in land uses, densities, intensities and population within the service area for full buildout and the next 1 0 years

Land use assumptions differentiated by at least residential, commercial and industrial land uses

The following sections provide a discussion of these assumptions.

5.1.1 Service Area Definition

Figure 5-1 illustrates the service area for the impact fee study. The service areas for the water and sewer utilities are comprised of the City's corporate boundaries and extraterritorial jurisdiction (ET J), less areas that are in another utility's service area as defined by their CCN (Certificate of Convenience and Necessity). The NBU service areas represent the general geographic basis for planning the utility capital improvement programs, used to formulate the fees. The service areas are conceptual in nature and do not necessarily represent a definitive commitment for service by the Utilities; the service area boundaries also do not necessarily represent limits to service potential or fee assessment (which is governed by specific provisions for fee application in Chapter 395).

5.1 .2 Land Use Assumptions

It is the intent of NBU's Chapter 395 effort to utilize system-wide land use and planning approaches, as provided in §395.0455. That section states:

In lieu of adopting land use assumptions for each service area, a political subdivision may, except

for storm water, drainage, flood control, and roadway facilities, adopt systemwide land use assumptions, which cover all of the area subject to the jurisdiction of the political subdivision for the purpose of imposing impact fees under this chapter . ... After adoption of systemwide land use assumptions, a political subdivision is not required to adopt additional land use assumptions for a service area for water supply, treatment and distribution facilities or wastewater collection and

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treatment facilities as a prerequisite to the adoption of a capital improvements plan or impact fee, provided the capital improvements plan and impact fee are consistent with the systemwide land use assumptions.

NBU officials and its consultants have been guided by City Planning Staff and the City's comprehensive planning efforts in identifying likely growth areas and land use changes.

Table 5-1 shows land use assumptions derived from the City's Comprehensive Plan, in combination with historical and current data on water and sewer connections. This table indicates that the 2010 population of the service area was 80,720, of which approximately 64,626 were served by the water utility and 58,126 were served with sewer. The water utility is expected to serve approximately91 ,076

Figure 5g1: Water and Wastewater Impact Fee Service Areas

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persons by 2019 and the sewer utility is expected to serve approximately 81,915 persons in the same year. Land uses are anticipated to grow consistent with population increase.

TABLE 5-1 POPULATION AND LAND USE PROJECTIONS FOR

THE CITY OF NEW BRAUNFELS

2010

I 2019

LAND USE ACRES o/o ACRES I %

Residential/Agricultural 66,080 72.45% 52,958 58.06%

Commercial 17,109 18.76% 17,349 19.02%

Industrial 5,651 6.20% 5,478 6.01%

Public /Institutional 1,272 1.39% 9,944 10.90%

Open Space 1,096 1.20% 5,479 6.01%

TOTAL ACREAGE 91,208 100.00% 91,208 100.00%

Population 80,720 113,757

Water Service Population (a) 64,626 91,076

Sewer Service Population (b) 58,126 81,915

Population per Acre (Total Acres) 0.89 1.25

Source: Land use acreages and population provided by City Staff, July 31, 2009.

(a) For 2010, service area population based on number of residential connections times 2.6 persons per household (from New Braunfels Roadway Impact Fee Land Use Assumptions).

Water Residential Customers, including apartments 24,856 Household Size from Roadway Impact Fee Study 2.60 Derived Water Service Area Population 64,626

(b) For 2010, service area population based on number of residential connections times 2.6 persons per household (from New Braunfels Roadway Impact Fee Land Use Assumptions).

Sewer Residential Customers, including apartments 22,356 Household Size from Roadway Impact Fee Study 2.60 Derived Wastewater Service Area Population 58, 126

5.2 CAPITAL IMPROVEMENTS PROGRAM PLAN

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Chapter 395 requires the following elements be included in the Capital Improvements Plan (CIP) used as the cost basis for impact fees:

Table of service usage for each category of capital improvements and a conversion table of service units per acre (or other measure) of residential, commercial and industrial land uses

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Projections of total service units for new development, within the service area: At full buildout Within 1 0 years or less

Description of existing capital improvements, including: .Existing capital improvements within the service area Analysis of total capacity of existing improvements Analysis of current usage of existing improvements Analysis of commitments for usage of existing capacity Costs to upgrade, update, improve, expand or replace for existing needs

Description of capital improvements needed to serve new development within the next 10 years or less (based on adopted service area, land use and unit usage assumptions), including:

All or portions of the existing CIP All or portions of the future CIP Costs associated with both existing and future CIP facilities needed for new development

In addition, the Coae provides that the CIP may include construction price, survey and engineering fees, land acquisition costs (including "soft" costs), and the costs of consulting work to develop the impact fees.

Various components of the capital improvements program are discussed in the sections below. The information for the CIP was developed by NBU professional engineers.

5.2.1 Table of Service Usage (Design Standards)

In order to calculate a fee, design standards were developed by NBU engineers defining the capacity in each type of water and wastewater facility needed for each living unit equivalent (LUE). Unit usage statistics are shown in Table 5-2.

5.2.2 Conversion Table

As shown in Table 5-2, various types of unit usage statistics were used in the technical development of the fee. The law requires a conversion table for fee assessment. That table is produced in Table 5-3. NBU's water and wastewater maximum impact fees are assessed according to the size of the customer's water meter. In New Braunfels, a 5/8" meter is the size meter typically required of residential customers. Design standards for the utilities are based upon usage by a typical 5/8" meter. As is common in many utilities, a 3/4" meter is, by policy, also recognized as a single LUE.

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TABLE 5a2 DESIGN STANDARDS AND OTHER ASSUMPTIONS

I UTILITY I Facility Type BASIS

WATER

WATER SUPPLY Average Day

WATER TREATMENT Maximum Day

WATER PUMPING Maximum Day

WATER GROUND STORAGE TCEQ Standard

WATER ELEVATED STORAGE TCEQ Standard

SEWER

WASTEWATER TREATMENT Average Day

BOTH

PERSONS PER CONNECTION

PERSONS PER LUE

CONNECTIONS PER LUE

LUE'S PER CONNECTION

CONNECTIONS PER PERSON

LUE'S PER PERSON

LONG-TERM DEBT INTEREST RATE

LONG-TERM DEBT TERM

LONG-TERM DEBT SOFT COSTS

Source for Financial Assumptions: Dawn Butrym, NBU, October 6, 2009. Source for Engineering Assumptions: Roger Biggers, Wes Hampff, NBU, 2009.

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STANDARD

0.41 gpm I conn I day 412 gals/ LUE I daily 199 gals/ capita I daily



100 gals I connection 80 gals/ LUE 34 gals/ capita

100 gals I connection 80 gals/ LUE 34 gals/ capita

224 gals I conn I day 178 gals/ LUE I daily 86 gals/ capita

2.95 persons/connection

2.07 persons I LUE

.80 connections I LUE

1.26 LUE's I connection

.33 connections/person

.42 LUE's I person

5.50% annually

25 years

5% of construction costs

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TABLE 5-3 LUE EQUIVALENCIES FOR VARIOUS TYPES AND SIZES

OF WATER METERS

CONTINUOUS METER METER DUTY MAXIMUM RATIO TO TYPE SIZE RATE 518" METER

(gpm)

SIMPLE 5/8" X 3/4" 10 1.0

SIMPLE 3/4" 15 1.5

SIMPLE 1" 25 2.5

SIMPLE 1-1/2" 50 5.0

SIMPLE 2" 80 8.0 ----------------- ----------- -------------------- -------------COMPOUND 2" 80 8.0 ----------------- ----------- -------------------- -------------TURBINE 2" 100 10.0

COMPOUND 3" 160 16.0 ----------------- ----------- -------------------- -------------TURBINE 3" 240 24.0


COMPOUND 6" 500 50.0 ----------------- ----------- --------------------- -------------TURBINE 6" 920 92.0


COMPOUND 10" 1150 115.0 ------------------ ----------- -------------------- -------------TURBINE 10" 2500 250.0

TURBINE 12" 3300 330.0

SOURCE: AWWA Standards C700, C701, C702, C703.

Table 5-4 shows the conversion of NBU's 2010 water meters into LUE's according to the AWWA standards in Table 5-3. Wastewater LUE's are proportionate to water LUE's (discussed below).

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TABLE 5-4 CURRENT METER COUNT AND ESTIMATION OF LIVING UNITS EQUIVALENT

METER SIZE NUMBER NUMBER WHOLESALE MASTER- LUEs (Excluding LUEs OF OF RETAIL LUEs METERED @0.5 TOTAL

Residential and PER METERS LUEs (Behind RETAIL LUEs LUES Wholesale Master METER (a) (Excluding Master Meter) RES. PER

Meters) Residential (b) UNITS UNIT Master (c) Meters)

5/8" 1.0 20,255 20,255

3/4" 1.5 0 0

1" 2.5 658 1,645

1%,1%'' 5.0 249 1,245

2" 8.0 349 2,792

3" 16.0 33 528

4" 25.0 16 400

6" 50.0 4 200

8" 80.0 0 0

Total 21,564 27,065 1,881 4,463 2,232 31,178 I Population

: Population/LUE I 64,6261

2.07

(a) Derived from AWWA C700-C703 standards for continuous rated flow performance of meters scaled to 518" meter. (b) Source: NBU, Wes Hampf, November 16, 2009, multi unit meter accounts- report access.xls; and February 2, 2010, Multi Unit summary.xls. (c) Per Wes Hampff, Apri/1, 2010: NBU design policy uses 0.5 LUEs per unit.

5.2.1 Conversion Table

Section 395.014(a)(4) of the Impact Fee Act requires:

... an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial, and industrial ...

As discussed earlier, various types of convertible unit usage statistics were used in the technical development of the fee -- some to estimate system-wide demand and others to use as a measurement for fee assessment to individual customers. Unit usage statistics were converted into living units equivalent (LUE's), as discussed in Section 3.3, to provide a common unit of measurement for all unit usage figures for water and sewer.

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Table 5-3 illustrates the use of water meters of various sizes in determining the LUE capacity of any individual customer. Table 5-4 applies this conversion table to current NBU active water meters, except for wholesale master meters and master-metered apartments (see discussion below). Water meter size was selected as the unit determinant for fee collection for the following reasons:

It allows the use of an American Water Works Association (AWWA) published standard.

This standard includes both safe continuous flow and safe maximum flow which will thereby accommodate all requests for service.

These standards are those used by building owners, professional engineers and architects, and Utilities staff for sizing meters and plumbing fixtures.

Meters are a physical element which can be maintained and controlled by the Utilities, thus allowing the monitoring of the accuracy of meter sizing.

The Utilities can require any necessary replacement of meters which can be shown to have been sized too small for a development and collect additional impact fees required by the change in meters.

Particularly in the larger meter sizes, the builder may have to pay for more capacity than needed for the development, thus resulting in a potential payment above actual costs. However, these large-meter customers will be able to use that excess capacity if later building expansions occur or if use patterns change. Moreover, the capacity purchased would be a marketable amenity which would add value to the property. )

The use of water meter size allows equitable cost assignment to each of the three customer classes identified in Chapter 395 (residential, commercial and industrial).

Since water meter size is the basis for calculation of both water and wastewater fees, the base fee should be applied to the smallest meter size used by the Utilities. The following policies were suggested by the Consultants:

The standard used for the ratio of the continuous duty maximum flow rate would be derived from AWWA C700-C703 (in gpm).

The Utilities's smallest water meter (%" x %") would be the base unit for impact fee assessment.

The ratio of each larger meter's continuous duty maximum flow rate to the rate of the base meter would determine the fee multiplier and the scale for other calculations relating to this fee.

The Impact Fee Ordinance should have the schedule published as shown in Table 5-3, which includes both compound and turbine meters.

The use of a turbine meter, in connection with displacement meters in a compound meter installation, would require the use of the turbine meter schedule.

The impact fee assessment should be adjusted when the Utilities determine that unique water pressure conditions of the system result in a meter size which is not indicative of actual flow

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(as when pressure is unusually low or high). In this instance, the ordinance should provide for individual review.

Responsive to these recommendations, Table 5-3 shows a conversion table for various types and sizes of water meters in the NBU water system. Because the fee calculation was based on water meter size, the LUE/meter conversion table applies equally to all land uses, except for master-metered residential units, discussed below. Table 5-4 shows the current number of LUE's on the NBU water system.

Although master-metered uses can be charged an impact fee based on meter size like all other customers, fees applied to the use of a master meter between the City service line and the ultimate users can be perceived as somewhat inequitable. For example, if the master meter is one used by a wholesale customer, it is likely that there are far more LUEs behind the master meter than are suggested by the meter size. Thus, an impact fee to a wholesale customer that was based on meter size would tend to charge less per ultimate user than comparable retail users, and thus lower housing costs and unfairly decrease cost recovery for housing outside NBU's retail service area and perhaps outside the City limits. Thus, it is equitable to bypass the meter for wholesale customers and charge a fee based on the number of LUEs behind the master meter.

A similar argument can be made regarding apartment buildings and other types of multifamily housing that use master meters. Studies in nearby communities (e.g., San Antonio) have shown that apartments typically use approximately half as much water per apartment unit as a typical detached household. Thus, the current study includes master-metered multifamily housing developments on a per-unit basis, with each unit equivalent to 0.5 LUE.

Typically, some concern is expressed that water meters are not always a reasonable means of calculating wastewater flows, particularly for certain consumptive types of commercial uses (car washes, restaurants) or industrial processes. Additionally, any land use might have a large meter for irrigation purposes, thus overrepresenting its wastewater flows. However, experience has indicated that few such customers choose to have a separate wastewater meter because of the installation and maintenance expense incurred. Because no alternative means for assessing flow is technically feasible, the Consultant recommends that the water meter also be adopted as the basis for wastewater impact fees.

However, given the potential that some consumptive commercial and industrial customers may be considerably overcharged for sewer capacity demand when water meter size is used for calculating wastewater impact fees, the Consultant also recommends that the ordinance provide for exceptions. Specifically, the ordinance should permit individual wastewater customers to present data, prepared by a professional engineer, documenting expected wastewater flow below that indicated by meter-size determinations for a lower sewer fee. For irrigation-only water meters, the ordinance should provide for a water-only impact fee.

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5.2.2 Projected Service Units for New Development

Chapter 395 also requires the projection of service units for new development in the service area. Estimated demand-per-capita standards wen~ applied to projected populations shown in Table 5-1 to yield the estimated water and wastewater service demands for 2019 shown in Tables 5-5 and 5-6, expressed in LUE's.

5.2.3 CIP Development for Existing and Future Needs

Several steps were necessary in order to perform the required inventory of existing facilities; develop the 1 0-year CIP; and allocate the capacity and associated costs to the appropriate customer groups.

First, as discussed above, projected service demands for each utility were expressed in LUE's. These demands were then used to project specific facility needs for both existing and future customers. Tables 5-5 and 5-6 show current needs and deficiencies for existing 2010 customers (if any), and projected capacity needs for future growth. Impact fees cannot be used to cure deficiencies for existing customers.

Table 5-5 indicates a deficiency for water supply/treatment capacity for existing customers. In part this is because of pumping restrictions for the Edwards Aquifer. This deficiency is being remedied by the development of a Trinity Aquifer well and expansion to the surface water treatment plant, which will also serve future customers. There are no deficiencies shown for current wastewater customers.

Looking toward the next ten years, there will be a need for additional supply/treatment for growth, as well as additional wastewater treatment and pumping facilities. No additional major water distribution or wastewater collection lines are anticipated during the next ten years.

Table 5-7 and Table 5-8 present the inventory of facilities as required in Chapter 395. Cost estimates for each facility were taken from actual cost of existing facilities (provided by earlier impact fee studies and by NBU staff for more recent construction) and projected costs of future facilities as estimated by NBU staff. Costs of future facilities were estimated in a conservative (low) manner by the engineers to avoid potential overestimation of costs and consequent fee refunds at a future date. Rimrock then converted facility costs into a weighted cost of service on a per-LUE basis for 2010-2019 growth, as required by Chapter 395.

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TABLE 5-5 ESTIMATED WATER SERVICE DEMAND BY FACILITY

TYPE

VOLUME II FACILITY TYPE 2010 2019~

LUE'S (a) 31,178 43,9

WATER SUPPLY I TREATMENT MGD: (b)

Estimated Demand 19.100 26.917

Existing Capacity (f) 16.260 16.260

Excessi(Deficiency) (2.840) (10.657)

BOOSTER PUMP MGD: (c)



Excess/(Deficiency) 35.106 24.126

GROUND STORAGE MG: (d)



Excessi(Deficiency) 4.345 3.324

ELEVATED WATER STORAGE MG: (e)



Excess/(Deficiency) 5.524 4.503

(a)

(b)

(c)

(d)

(e)

(f)

2010 LUE's based on Table 5-4. 2019 LUE's determined by 2010 persons per WE (LUE = 2. 07 persons) applied to projected service population. Capacity Demand = 613 gallons/LUE!day. Capacity Demand = 860 gallons/LUE!day. Capacity Demand= 80 gal/ons/LUE. Capacity Demand= 80 gallons/LUE. Existing Capacity details are contained in Table 5-7.

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TABLE 5-6

ESTIMATED WASTEWATER SERVICE DEMAND BY FACILITY TYPE

VOLUME

FACILITY TYPE 2010 2019

LUE's (a) ..

28,042 39,519

WASTEWATER TREATMENT AVERAGE MGD:

Estimated Demand (b) 5.000 7.046

Existing Capacity (d) 5.900' 5.900

Excess/(Deficiency) 0.900 (1.146)

WASTEWATER PUMPING:

Estimated Demand (c) 13.440 21.000

Existing Capacity (d) 19.190 19.190

Excess/(Deficiency) 5.750 (1.810)

(a) Same number of LUE's per person as water.

(b) Capacity demand= 178 gallonsll..UE!daily.

(c) Capacity demand= 479 gal/ons/LUE/daily for existing customers;

659 gallons/LUE/daily 2010-2019

(d) Existing Capacity details are contained in Table 5-8.

5.2.4 Conclusions of CIP Analysis and Capital Cost Allocation

In addition to existing facilities, demand calculations indicate that the Utility will need to construct additional water supply/treatment; and treatment and lift station capacity for the sewer utility. Also, locational requirements will create a need for additional water pumping and elevated storage facilities as shown in Table 5-7. In addition to capital costs, NBU is permitted to add the costs of the study to the fee amount, as is shown in the Table 5-9, following, which summarizes the results of the cost analysis.

NBU takes advantage of the Chapter 395 exemption for "lot or acreage fees to be placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or sewer mains or lines". In essence, developers finance and build approach mains (lines more than 200 feet distant from the nearest NBU trunk main) and NBU funds any required oversizing of approach mains. This serves to

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encourage contiguous development and shifts the risk and cost burden of more distant new development to the development itself, rather than imposing the financial cost and risk on existing customers of the Utilities.

FACILITY

TYPE /NAME

WATER SUPPLY /TREATMENT

EXISTING FACILITIES- Wells

Well#2

Well#3

Well#4

Well#5

-,~ell#6

. ,A ell #8 Country Hills

Well #8 Country Hills

Well #10 Balcones #2

Well #11 Newks #1

Well #12 Newks #2

Subtotal Existing Wells

Effective Capacity

EXISTING FACILITIES- Surface Water

Water Treatment Plant & Intake

Subtotal Existing Surface Water

Subtotal Existing Facilities

FUTURE FACILITIES- Wells

Well #13 Copper Ridge #1

Well #14 Copper Ridge #2

Trinity Well

Subtotal Future Wells

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TABLE 5-7

CIP INVENTORY AND COSTING

WATER UTILITY

TOTAL FACILITY CAPACITY (mgd or gals)

CONSTRUCT

COST TOTAL CURRENT 2010-2019 POST-2019

CUST. GROWTH GROWTH

MGD

$30,380 1.728

$69,620 3.960

$150,000 3.024

$501,765 6.048

$107,798 3.960

$60,000 0.403

$45,000 0.144

$45,000 0.144

$135,000 0.720

$135,000 0.288

$1,279,563 20.419

8.260 8.260 0.000 0.000

{b, c) (d)

$7,338,893 8.000 8.000 0.000 0.000

(g)

$7,338,893 8.000 8.000 0.000 0.000

$8,618,456 16.260 16.260 0.000. 0.000

(g)

$0 0.144 0.000 0.072 0.072

$0 0.518 0.000 0.259 0.259

$2,000,000 2.000 2.000 0.000 0.000

$2,000,000 2.662 2.000 0.331 0.331

(d)

5-13

2010-2019

CAPITAL COST PER

COST TOTAL LUE(a)

$0 $0.0~

$0 $0.0~

$0 $0.0~

$0

$0

$0

$0 $0.0~

1

I

I

174

t~i:SU Water and Wastewater Impact Fees RIMROCK CONSULTING COMPANY

FACILITY

TYPE /NAME

FUTURE FACILITIES- Surface Water

Water Treatment Plant Expansion

Water Treatment Plant Expansion

Subtotal Future Surface Water

Subtotal Future Facilities

TOTAL WATER SUPPLY/TREATMENT

PUMPING

EXISTING FACILITIES

Pressure Zone 1

Landa 3

Landa4

Pressure Zone 2

Plant 1

Plant 2

High Service 1

High Service 2

Landa 1

Landa2

Pressure Zone 4

Loop 1

Loop2

Grandview 1

Grandview 2

Pressure Zone 5

Texas 1

Texas 2

Plant 3

Plant4

TABLE 5-7


WATER UTILITY


CONSTRUCT


CUST. GROWTH GROWTH

$25,000,000 5.000 1.340 3.660 0.000

$10,000,000 5.000 0.000 3.826 1.174

$35,000,000 10.000 1.340 7.486 1.174

(d)

$37,000,000 12.662 3.340 7.817 1.505

(g)

$45,618,456 28.922 19.600 7.817 1.505

(g)

PEAK HOUR MGD

$25,832 1.872

$25,832 1.872

$54,644 3.960

$23,845 1.728

$29,806 2.160

$29,806 2.160

$33,780 2.448

$33,780 2.448

$14,903 1.080

$14,903 1.080

$34,774 2.520

$34,774 2.520

$994 0.072

$994 0.072

$9,935 0.720

$9,935 0.720

5-14

2010-2019

CAPITAL COST PER

COST TOTAL LUE(a)

$18,300,000

$7,652,457

$25,952,457 $2,033.84

$25,952,457 $2,033.8-4

$25,952,457 $2,033.84

)

)

175

.. .,~ u l"~d · Water and Wastewater Impact Fees RIMROCK CONSULTING COMPANY

)

FACILITY

TYPE /NAME

WaiMart Pressure Zone

PS1-1

PS1-2

PS2-1

PS2-2

PS2-3

River Chase Pressure Zone

Hoffmann 1

Hoffmann 2

Hoffmann 3

Morning Side Pressure Zone

· .'\. Solms 1

)Solms2

Solms 3

County Ln 1

County Ln 2

County Ln 3

Hoffmann Pressure Zone

Country Hill1

CountryHill2

Country Hill3

Balcones Pressure Zone

Balcones 1

Balcones 1

Balcones 1

LowServ1

Low Serv2

Subtotal Existing Pumpage

)

TABLE 5-7


WATER UTILITY


CONSTRUCT


CUST. GROWTH GROWTH

$14,903 1.080

$14,903 1.080

$9,606 1.080

$9,606 1.080

$21,775 2.448

$0 0.720

$0 0.720

$0 0.720

$75,000 1.440

$100,000 2.880

$100,000 2.880

$0 1.440

$0 2.880

$0 2.880

$0 0.720

$0 0.720

$0 0.720

$0 0.230

$0 0.072

$0 0.072

$72,500 4.320

$72,500 4.320

$869,330 61.934 26.428 8.500 27.006

5-15

2010-2019

CAPITAL COST PER

COST TOTAL LUE(a)

$119,310 $9.3~

- i

176

.. .,~. u 1'4d ' Water and Wastewater Impact Fees RIMROCK CONSULTING COMPANY

FACILITY

TYPE /NAME

FUTURE FACILITIES

WestPoint 1

WestPoint2

Subtotal Future Pumpage

TOTAL WATER PUMPAGE

GROUND STORAGE

EXISTING FACILITIES

Water Plant Ground Storage

Water Treatment Facility

Texas Street Standpipe

Coli Street Standpipe

County Line Road

Golf Course Storage (Landa Tank)

Grandview Storage

Loop 337 Storage

Solms Storage

Balcones#1

Balcones#2

Hoffman


TOTALGROUNDSTORAGE

TABLE 5-7


WATER UTILITY


CONSTRUCT

COST TOTAL CURRENT 2010-2019 POST~2019

CUST. GROWTH GROWTH

$75,000 1.440 0.200 1.240 0.000

$75,000 1.440 0.200 1.240 0.000

$150,000 2,880 0.400 2.480 0.000

$1,019,330 64.814 26.828 10.980 27.006

MG

$960,944 1.500

$139,260 1.500

0 0.118

0 0.400

$173,112 0.750

$139,260 1.500

$18,661 0.201

$46,420 0.500

$18,568 0.200

$15,000 0.010

$15,000 0.010

$97,500 0.150

$1,623,725 6.839 2.494 1.021 3.324

(c) (d)

$1,623,725 6.839 2.494 1.021 3.324

5-16

2010-2019

CAPITAL COST PER

COST TOTAL LUE (a)

$64,583

$64,583

$129,166 $10.12

$248,476 $19.47

$242,383 $19.0tJ

$242,383 $19.00

)

177

t,.i:IU Water and Wastewat~r Impact Fees RIMROCK CONSULTING COMPANY

)

FACILITY

TYPE /NAME

ELEVATED STORAGE

EXISTING FACILITIES

Texas Street Standpipe

Coli Street Standpipe

Comal Town Elevated Storage

Gruene Road Elevated Storage

Seguin Road Elevated Storage

Kerlick Lane Elevated Storage

County Line Road

Loop 337

Hwy 46 Elevated Storage

l~mingside Tank

}hlenberg Road

Hoffman

RiverChase

MISSION Ranch

Avery Park

Voss Farm


FUTURE FACILITIES

WestPoint Copper Ridge

Elevated Stor!)ge


TOTAL ELEVATED STORAGE

)

TABLE 5-7


WATER UTILITY


CONSTRUCT


cusr. GROWTH GROWTH

MG

$65,213 0.118

$155,400 0.400

$104,471 0.200

$261,176 0.500

$130,588 0.250

$391,765 0.750

$173,112 0.750

$0 0.200

$575,000 0.500

$615,000 0.500

$359,819 1.800

$97,500 0.150

$230,000 0.150

$650,000 0.500

$1,220,000 0.750

$731,000 0.500

$5,760,044 8.018 2.494 0.000 5.524

(c) (d)

$1,420,000 0.750 0.000 0.400 0.350 $1,200,000 0.500 0.000 0.160 0.340

$5,000,000 5.000 0.000 0.461 4.539

$7,620,000 6.250 0.000 1.021 5.229

(d) (d)

$13,380,044 14.268 2.494 1.021 10.753

5-17

2010-2019

CAPITAL COST PER

COST TOTAL LUE(a)

$0 $o;oo

$1,244,803 $97.55

$1,244,803 $97.55

178

.. JII'- u F~d ' Water and Wastewater Impact Fees RIMROCK CONSULTING COMPANY

TABLE 5-7


WATER UTILITY


FACILITY CONSTRUCT

TYPE /NAME COST TOTAL CURRENT . 2010-2019

CUST. GROWTH

MAJOR TRANSMISSION LINES

EXISTING FACILITIES %

Subtotal Existing Facilities $26,768,974 100.00% 50.00% 20.00%

TOTAL TRANSMISSION LINES $26,768,974 1.000 0.500 0.200

TOTALS $88,410,529

(a) Assumes the following gals to LUE conversion factors :

Supply/Treatment: 613 gals daily

Pumpage: 860 gals daily

Ground Storage:

Elevated Storage:

80 gals (excess elevated storage serves as ground storage capacity)

80 gals

Transmission: 613 gals daily

(b) NBU Audit for costs prior to 1989.

(c) NBU Staff for costs after 1989.

(d) NBU Staff, 2007,2010,

(e) Replacement costs, per Camp Dresser McKee, 2000.

(f) Includes excess capacity in elevated storage serving as ground storage,

(g) Includes 0.5 MGD commitment to Crystal Clear WSC.

5-18

POST-2019

GROWTH

30.00%

0.300

2010-2019

CAPITAL COST PER

COST TOTAL LUE (a)

$5,353,795 $419.57

$5,353,795 $419.57

$33,041,914 $2;589.43

•'')

)

179

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)

FACILITY

TYPE /NAME

TREATMENT

EXISTING FACILITIES

Kuehler N. WWTP

Kuehler S. WWTP

GrueneWWTP


FUTURE FACILITIES

Kuehler N/S WWTP Upgrade

Kuehler N/S WWTP Expansion

Gruene WWTP Renovation

''luene WWTP Expansion

,flVY 46 WWTP


TOTAL WASTEWATER TREATMENT

PUMPING

EXISTING FACILITIES

RieLS

Alligator Creek Lift Sta.

Hwy46 (Oelkers) LS

Solms LS

Gruene LS

Albert LS

Guada Coma LS

VFWLS

Warnecke LS

Mission Ridge LS

Saegerhalle LS

Sleepy Hollow LS

Coli St. LS

WaiMart LS

Blieders Creek LS

)

TABLE 5-8


WASTEWATER UTILITY


CONSTRUCT


CUST. GROWTH GROWTH

AVGMGD

$2,397,701 2.200 1.600 0.600 0.000

$13,322,035 2.900 2.400 0.500 0.000

$1,679,072 0.800 0.500 0.300 0.000

$17,398,808 5.900 4.500 1.400 0.000

(b, c, d) (e)

$6,389,950 5.100 4.000 1.100 0.000

$6,389,950 2.200 0.000 0.246 1.954

$7,000,000 0.800 0.500 0.300 0.000

$7,000,000 0.300 0.000 0.200 0.100

$23,000,000 2.500 0.500 0.200 1.800

$49,779,900 5.000 0.500 0.646 3.854

(c)

$67,178,708 10.900 5.000 2.046 3.854

MGD

$313,771 7.490 7.490 0.000 0.000

$130,000 0.500 0.400 0.100 0.000

$35,000 0.900 0.900 0.000 0.000

$210,000 4.800 1.300 1.900 1.600

$50,000 1.000 1.000 0.000 0.000

$30,000 0.200 0.200 0.000 0.000

$50,000 0.200 0.200 0.000 0.000

$40,000 0.100 0.100 0.000 0.000

$20,000 0.200 0.200 0.000 0.000

$80,000 0.200 0.060 0.140 0.000

$250,000 1.200 0.240 0.360 0.600

$60,000 0.100 0.100 0.000 0.000

$50,000 0.200 0.200 0.000 0.000

$40,000 0.200 0.200 0.000 0.000

$15,000 0.400 0.320 0.080 0.000

5-19

2010-2019

CAPITAL COST PER

COST TOTAL LUE(a)

$653,918

$2,296,903

$629,651

$3,580,472 $311.97

$1,378,225

$715,660

$2,625,000

$4,666,667

$1,840,000

$11,225,552 $978.10

$14,806,024 $1,290.07

$0

$26,000

$0

$83,125

$0

$0

$0

$0

$0

$56,000

$75,000

$0

$0

$0

$3,000

180

., ... u 1"'411 ·· Water and Wastewater Impact Fees RIMROCK! CONSULTING COMPANY

FACILITY

TYPE /NAME

Dove Crossing LS

Mission Hills Ranch LS

AveryLS

Clear Springs LS


FUTURE FACILITIES

Rio Lift Station (Expanding by 4.01 MGD).

Localized Lift Stations


TOTAL WASTEWATER PUMPING

TABLE 5-8


WASTEWATER UTILITY


CONSTRUCT


CUST. GROWTH GROWTH

$80,000 0.500 0.150 0.350 0.000

$80,000 0.500 0.150 0.350 0.000

$130,000 0.300 0.030 0.270 0.000

$70,000 0.200 0.200 0.000 0.000

$1,733,771 19.190 13.440 3.550 2.200

(b,c)

$6,800,000 11.500 7.490 4.010 0.000

(b)

$6,800,000 11.500 7.490 4.010 0.000

(c)

$8,533,771 23.200 13.440 7.560 2.200

5-20

2010-2019

CAPITAL COST PER

COST TOTAL LUE (a)

$56,000

$56,000

$117,000

$0

$472,125 $41,1~

$2,371,130

$2,371,130 $206.6€.

$2,843,255 $247.74.

(f) )

)

181

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FACILITY

TYPE /NAME

MAJOR COLLECTION LINES

EXISTING FACILITIES

12 inch Lines

16 inch Lines

18 inch Lines

21 inch Lines

24 inch Lines

27 inch Lines

30 inch Lines

33 inch Lines

36 inch Lines

'~~gator Outfall

. ).1btotal Existing Facilities ·

TOTAL COLLECTION LINES

TOTALS

TABLE 5-8


WASTEWATER UTILITY


CONSTRUCT


CUST. GROWTH GROWTH

%

$8,730,000

$4,626,000

$6,604,000

$3,088,000

$2,325,000

$1,864,000

$1,738,000

$667,000

$1,349,000

$1,800,000

$32,791,000 100.00% 52.00% 21.00"/o 27.00%

(c, e, g)

$32,791,000 1.000 52.00"/o 21.00% 27.00%

$108,503,479

(a) Assumes the following gals to LUE conversion factors :

Treatment: 178 gals daily

Pumpage: 659 gals daily

Collection:

(b) NBU Audit, 1989.

(c) NBU Staff.

178

(d) Hunter Associates, 1989.

(e) Camp, Dresser & McKee, 1999.

gals daily

(f) In addition to pumping costs shown in table, any customer requiring an individualized lift station will pay a prorata share of that cost.

(g) Replacement costs ..

) 5-21

2010-2019

CAPITAL COST PER

COST TOTAL LUE(a)

$6,886,110 $600.0Ci

$6,886,110 $600.00

$24,535,389 $2,137.81

182


I UTILITY

WATER

TABLE 5~9

SUMMARY OF CAPITAL COSTS

FACILITY TYPE

Supply I Treatment

Pumping

Ground Storage

Elevated Storage

Major Transmission

Study Costs

TOTAL WATER CAPITAL COSTS

WASTEWATER Treatment

Pumping**

Major Collection

Study Costs

TOTAL WASTEWATER CAPITAL COSTS

TOTAL WATER AND WASTEWATER CAPITAL COSTS

I COST/LUE* I $2,033.84

$19.47

$19.00

$97.55

$419.57

$1.77

$2,591.20

$1,290.07

$247.74

$600.00

$1.96

$2,139.77

$

*

**

An LUE is equal to use by a typical household with a 518" x 314" water meter for the water and sewer utilities.

Feepayers will also pay all costs for localized lift stations, if any.

5-22

)

)

)

)

)

183

.,.- u F .. d ···· · Water and Wastewater Impact Fees RIMROCK CONSULTING COMPANY

6.0 FEE CALCULATION

As noted in earlier discussion, Chapter 395 states that the maximum fee amount may not exceed the full capital cost per unit. The statute also requires:

a credit for the portion of ad valorem tax and utility service revenues generated by new service units during the program period that is used for the payment of improvements, including the payment of debt, that are included in the capital improvements plan; or in the alternative, a credit equal to 50 percent of the total projected cost of implementing the capital improvements plan

The Equity Residual Model described in Section 4.0 was used in fee calculation for the water and sewer utilities. Table 6-1 contains calculations of rate credits for the water utility, and Table 6-2 shows similar calculations for the wastewater utility. These tables show the dollar amount of capital debt service outstanding principal proportionately attributed to each LUE of existing service.

Table 6-3 shows the remainder of the fee calculation process. According to Chapter 395, NBU may either calculate actual rate credits, or it may simply reduce the construction costs by 50% to approximate a fee credit. Table 6-3 performs both rate calculations for each type of facility, for each utility. The higher fee between the two credit approaches is then shown in the right-most column.

Table 6-4 shows maximum fee amounts for various sizes of water meters.

Because NBU has relatively little debt related to serving existing customers (which will be paid by impact fee payers in their rates), the calculated credit is relatively low: $279.80 for the water utility and $569.66 for the wastewater utility. Using the calculated credit approach would result in maximum allowable fees for the two utilities of $3,881.51.

Using the 50% credit approach would result in fee credits of $2,365.49 for the two utilities, with combined maximum allowable fees of the same amount.

6-1

184

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FACILITY TYPE I NAME

WATER SUPPLY 8 MGD Plant 8 MGD Plant 8 MGD Plant Landa Park Well #5 Pump Water Treatment Plant Expansion

Subtotal Supply

PUMPING

Tx. Tank Station WestPoint 1 WestPoint2

Subtotal Pumoina

ELEVATED STORAGE County Line Tank Kohlenberg Tank County Line Rd. Tank WestPoint Copper Ridge Elevated Storage

Subtotal Elevated Storage

TABLE 6-1

CATEGORIZATION OF UTILITY DEBT

WATER UTILITY

BOND ISSUE

ISSUANCE ISSUANCE REMAINING

DATE AMOUNT PRINCIPAL

(a) (b, c)

11/12/85* $267,150 $46,302 9/1/87* $3,931,891 $681,469

10/17/89* $3,600,000 $623,946 2009 Ref $70,791 $70,791

Prospective $26,250,000 $26,250,000

$34,119,832 $27,672508

11/1/88* $136,700 $23,693 Prospective $78,750 $78,750 Prospective $78,750 $78,750

$294200 $181193

11/12/85* $13,750 $2,383 9/1/87* $359,819 $64,137 9/1/87* $229,000 $39,690

Prospective $1,491,000 $1,491,000 Prospective $1,260,000 $1,260,000 Prospective $5,250,000 $5,250,000

$8,603,569 $8107,210

6-2

TOTAL

FACILITY CAPACITY DEBT PRINCIPAL

FOR PER

TOTAL CURRENT CURRENT

CUST. LUE

8.000 8.000 $1.49 8.000 8.000 $21.86 8.000 8.000 $20.01 6.480 0.000 $0.00 5.000 1.340 $225.64

$269.00

0.144 0.061 $0.32 1.440 0.200 $0.35 1.440 0.200 $0.35

.. $1;02

0.750 0.233 $0.02 1.800 0.560 $0.64 0.750 0.233 $0.40 0.750 0.000 $0.00 0.500 0.000 $0.00 5.000 0.000 $0.00

$1.06

)

)

185

,. .... u Water and Wastewater Impact Fees RIMROCK CONSULTING COMPANY


MAJOR TRANSMISSION Kohlenberg Line (Dirt) County Line Road Line (Dirt) Airport Line (Dirt) Orange Mesquite (Dirt) Ct Yrd/Green Valley (Dirt) Pahmeyer/Co. Line (Dirt) County Line Rd. (Dirt) Pressure Zone 2/3 (Dirt) l~rueger Lane (Dirt)

tdnyon H.S. (Dirt) Solms System (Dirt) Solms Phase I (Dirt) Coli to Marion/Eden Home 337 (Rock) Loop 337 Gruene Rd. (Rock) FM306 (Rock) Rock St. Gruene (Rock) Hydrant Upgrade Hydrant & Valves

Subtotal Transmission Unes

WATER OUTSTANDING DEBT TOTAL

TABLE 6-1


WATER UTILITY

BOND ISSUE



(a) (b, c)

9/1/87* $640,181 $114,111 9/1/87* $211,000 $36,570

11/1/88* $339,500 $58,842 11/1/88* $11,800 $2,045 11/1/88* $9,000 $1,560 11/1/88* $67,400 $11,682

11/12/85* $212,600 $36,848 11/12/85* $4450 $771 11/12/85* $22,450 $3,891 11/12/85* $18,800 $3,258 11/12/85* $38,200 $6,621

9/1/87* $590,424 $102,331 11/1/88* $457,500 $79,293 11/1/88* $207,500 $35,964 11/1/88* $24,400 $4,229

11/12/85* $189,200 $32,792 11/1/88* $23,500 $4,073

11/12/85* $49,300 $8,545

$3,117,205 $543,426

$46,134,806 $36,504,337

Source : NBU, 2009. P&l Schedule.xls; Impact Fee Study 2009 (Financials).xls.

* Includes 1992 and 2002 Refunding.

(a) Assume financing parameter: 5.5% interest; 25 years term; bonding costs of 5.0% over construction costs.

(b) Including soft costs.

) 6-3

TOTAL


FOR PER


CUST. LUE

100.00% 50.00% $8.72

$279.80

186

t.idU Water and Wastewater Impact Fees RIMROCK CONSULTING COMPANY


TREATMENT

Kuehler WWTP GrueneWWTP GrueneWWTP GrueneWWTP Kuehler S. WWTP Renov. Kuehler N/S WWTP Upgrade Gruene WWTP Renovation HWY46WWTP

Subtotal Wastewater Treatment

PUMPING

Solms L.S. Rio Lift Station

Subtotal Wastewater Pumping

TABLE 6-2


WASTEWATER UTILITY

BOND ISSUE



(a) (b, c)

11/12/85* $78,900 $13,675 11/12/85* $385,500 $66,814

9/1/87* $769,000 $133,282 10/17/89* $469,810 $81,427 10/17/89* $3,625,000 $628,279

Prospective $6,709,448 $6,709,448 Prospective $7,350,000 $7,350,000 Prospective $24,150,000 $24,150,000

$43,537,658 $39,132,925

9/1/87* $75,000 $12,999 2009 Ref $230,744 $230,744

$305,744 $243,743

6-4

TOTAL


FOR PER


CUST. LUE

5.100 3.890 $0.37 0.800 0.500 $1.49 0.800 0.500 $2.97 0.800 0.500 $1.81 2.900 2.400 $18.54 5.100 4.000 $187.66 0.800 0.500 $163.82 2.500 0.500 $172.24

$548.90

4.800 1.300 $0.13 11.500 7.490 $5.36

$5.49

)

187

t~IIU Water and Wastewater Impact Fees RIMROCK CONSULTING COMPANY

)


MAJOR COLLECTION FM 1044 (Dirt) Oelkers Acres (Dirt) Misty Acres (Dirt) Bremer & Common (Dirt) County Line Rd. (Dirt) S.A. to S.C. (Dirt) VFW (Dirt) West End (Dirt) '\44 to Morningside (Dirt) )lst End Phase II (Dirt)

Solms Mains (Dirt) FM 11 02 (Rock) Rock St. (Rock) Blieders Creek (Rock) Wald Road Sewer

Subtotal Wastewater Collection

TABLE 6-2


WASTEWATER UTILITY

BOND ISSUE



(a) (b, c)

11/1/88* $94,100 $16,309 11/1/88* $63,500 $11,006 11/1/88* $11,500 $1,993 11/1/88* $8,800 $1,525

11/12/85* $119,650 $20,738 11/12/85* $2,000 $347 11/12/85* $6,000 $1,040 11/12/85* $661,950 $114,728 11/12/85* $217,900 $37,766

9/1/87* $310,000 $53,729 9/1/87* $1,061,000 $183,891

11/1/88* $18,975 $3,289 11/12/85* $77,000 $13,346

9/1/87* $1,250,000 $20,738 1999** $315,000 $342,563

$4,217,375 $823,008

WASTEWATER OUTSTANDING DEBT TOTAL $48,060,777 $40,199,676

FACILITY CAPACITY

FOR

TOTAL CURRENT

CUST.

100.000A. 52.00%

Source : NBU Staff, 1999. No 1999 Bonds are included because those are anticipated to be spent for growth-related facilities only.

* Includes 1992 and 2002 Refunding.

** Includes 2009 Refunding.

(a) Assume financing parameter: 5.5% interest; 25 years term; bonding costs of 5.0% over construction costs.

(b) Including soft costs.

) 6-5

TOTAL

DEBT PRINCIPAL

PER CURRENT

LUE

$15.27

$569.66

188

t~dU Water and Wastewater Impact Fees RIMROCK CONSULTING COMPANY

TABLE 6-3

WATER AND WASTEWATER MAXIMUM IMPACT FEES

UTILITY FACILITY COST/ ALTERNATIVE MAXIMUM FEE

LUE" ADJUSTMENTS AMOUNTS HIGHER

A 8 A 8 OF

Rate 50% Rate 50% AOR8

Credit Credit Credit Credit

WATER Supply $2,033.84 $269.00 $1,016.92 $1,764.84 $1,016.92 $1,764.84

Pumping $19.47 $1.02 $9.74 $18.45 $9.74 $18.45

Ground Storage $19.00 $0.00 $9.50 $19.00 $9.50 $19.00

Elevated Storage $97.55 $1.06 $48.78 $96.49 $48.78 $96.49

Major Transmission $419.57 $8.72 $209.78 $410.85 $209.78 $410.85

Study Costs $1.77 $0.00 $0.88 $1.77 $0.88 $1.77

TOTAL WATER $2,591.20 $279.80 $1,295.60 $2,311.40 $1,295.60 $2,311.40

SEWER Treatment $1,290.07 $548.90 $645.04 $741.17 $645.04 $741.17

Lift Stations (a) $247.74 $5.49 $123.87 $242.25 $123.87 $242.25

Major Collection $600.00 $15.27 $300.00 $584.73 $300.00 $584.73

Study Costs $1.96 $0.00 $0.98 $1.96 $0.98 $1.96

TOTAL SEWER $2,139.77 $569.66 $1,069.89 $1,570.11 $1,069.89 $1,570.11

(tl) (a)

TOTAL WATER AND SEWER $4,730.97 $849.46 $2,365.49 $3,881.51 $2,365.49 $3,881.51

(a) (a) (a)

An LUE is equal to use by a typical household with a 518" x 314" water meter.

(a) Feepayers requiring construction of additional new lift stations will also be charged the cost of their prorata shares of those facilities.

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METER

TYPE

SIMPLE

SIMPLE

SIMPLE

SIMPLE

SIMPLE

COMPOUND

TURBINE

COMPOUND

TURBINE

COMPOUND

TURBINE

COMPOUND

TURBINE

COMPOUND

TURBINE

COMPOUND

TURBINE

TURBINE

TABLE 6-4

MAXIMUM IMPACT FEES FOR VARIOUS WATER METER SIZES


METER MAXIMUM IMPACT FEE

SIZE MULTIPLIER WATER SEWER

5/8" X 3/4" 1.0 $2,311.40 $1,570.11

3/4" 1.5 $3,467.10 $2,355.17

1" 2.5 $5,778.50 $3,925.28

1-1/2" 5.0 $11,557.00 $7,850.55

2" 8.0 $18,491.20 $12,560.88 --------------2" 8.0 $18,491.20 $12,560.88

----------2" 10.0 $23,114.00 $15,701.10

3" 16.0 $36,982.40 $25,121.76 ------------3" 24.0 $55,473.60 $37,682.64

4" 25.0 $57,785.00 $39,252.75 --------------

4" 42.0 $97,078.80 $65,944.62

6" 50.0 $115,570.00 $78,505.50 ------------6" 92.0 $212,648.80 $144,450.12

8" 80.0 $184,912.00 $125,608.80 -------------8" 160.0 $369,824.00 $251,217.60

10" 115.0 $265,811.00 $180,562.65 --------------

10" 250.0 $577,850.00 $392,527.50

BOTH

$3,881.51

$5,822.27

$9,703.78

$19,407.55

$31,052.08

$31,052.08

$38,815.10

$62,104.16

$93,156.24

$97,037.75

$163,023.42

$194,075.50

$357,098.92

$310,520.80

$621,041.60

$446,373.65

$970,377.50

12" 330.0 $762,762.00 $518,136.30 $1,280,898.30

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7.0 CONCLUSIONS AND RECOMMENDATIONS

7.1 CONCLUSIONS AND RECOMMENDATIONS OF THE CONSULTANTS

This report represents the technical compliance activities of the City responsive to Chapter 395 of the Texas Local Government Code. In addition to the adoption of the fees calculated herein, the Consultants recommended:

Use of fee revenues to avoid future bonding, whenever possible.

As a second-best option, fee proceeds should be used for early retirement of the growthrelated portion of existing bonds for growth-related capacity in the CIP.

Only when the two options immediately above are infeasible should fee proceeds be used for debt service for future customers.

The Consultants recommend that the City maintain separate dedicated accounts for water fee ·) revenues, respectively, and retain accrued interest in the account, as stipulated in Chapter 395.

The Consultants also recommend that the City's records include the following information for each impact fee payment made:

Date of final plat (i.e., date of fee assessment)

Resolution number (date) by which property is assessed an impact fee

Date of tap purchase

Size of water meter

Number of water LUE's for which an impact fee is assessed

Amount of impact fees paid

Date of payment of impact fees

Special conditions or exceptions, if any

Sufficient locational information, consistent with city or county deed records, to enable the City to establish ownership of property for which fees have been paid

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) 7.2 RECOMMENDATIONS AND CONCLUSIONS OF ADVISORY COMMITTEE

The Committee's written comments filed prior to the fee update hearing are shown below.

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ORDINANCE NO. 2011-

AN ORDINANCE AMENDING CHAPTER 130, ARTICLE VI, SECTION 130-358 (a) CODE OF ORDINANCES OF THE CITY OF NEW BRAUNFELS, TEXAS; RELATING TO WATER AND WASTEWATER CAPITAL RECOVERY FEES; REPEALING ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND CONTAINING A SAVINGS CLAUSE.

WHEREAS, the City Council of New Braunfels, Texas, owns and operates by and through New Braunfels Utilities its own water and wastewater systems in accordance with the laws of the State of Texas and the charter of said City; and

WHEREAS, the Council of the City of New Braunfels has heretofore established an ordinance providing for assessment and collection of water and wastewater capital recovery fees in accordance with Chapter 395 of the Texas Local Government Code, and which ordinance has been codified as Chapter 130, Article VI, Code of Ordinances of the City of New Braunfels; and

WHEREAS, the Impact Fee Advisory Committee appointed by City Council as required by law, after considering the reports of New Braunfels Utilities and its consultant, Rimrock Consulting Company, has recommended that the ordinance be amended; and

WHEREAS, in order to change the maximum amount of such impact fees, it is now necessary and advisable that Section 130-358(a) of Chapter 130, Article VI, Code of Ordinances, as heretofore established by ordinance, be amended; now therefore;


SECTION 1.

THAT, Section 130-358(a) of Chapter 130, Article VI, New Braunfels Code of Ordinances, as heretofore established by ordinance, be and are hereby amended, all as set forth in the following section:

Sec. 130-358(a) is hereby amended to read in its entirety as follows: Sec. 130-358 Capital Recovery Fees Per Service Unit The maximum capital recovery fee per service unit in the service area shall be computed by dividing the growth-related capital construction cost of service in the service area identified in the capital improvements plan for that category of capital improvements, by the total number of projected service units anticipated within the service area which are necessitated by and attributable to new development, based on the land use assumptions for that service area, and subtracting credits in the form of future rate contributions to CIP funding. The maximum capital recovery fees per service unit that could be assessed and collected have been established under the regulatory provisions of the act and are as follows:

Type of Service Maximum Fee per LUE

Water $2,311.40

Sewer $1,570.11

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SECTION2.

THAT, this ordinance shall be and is hereby declared to be cumulative to all other ordinances of the City of New Braunfels relating to water and wastewater capital recovery fees for the New Braunfels Utilities water and wastewater systems, and same shall not operate to repeal or affect any such ordinance or ordinances except insofar as the provisions of such ordinance or ordinances are inconsistent or in conflict with the provisions of this ordinance, in which instance or instances those provisions shall be and they are hereby repealed.

SECTION3.

THAT, if any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable.

SECTION4.


PASSED AND APPROVED: Second Reading this the 141h day of March, 2011



ATTEST:

PATRICK ATEN, City Secretary



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Agenda Item No. _i_D.. Presenter/Contact- Octavio Garza, PE, Assistant City Engineer


SUBJECT: Discussion and consideration of first reading of an ordinance closing N. Houston Avenue and N. Central Avenue at Union Pacific Railroad Main Line No. 2.

BACKGROUND/RATIONALE: City Council authorized closing N. Houston Avenue and N. Central Avenue on January 24, 2011 at Union Pacific Railroad Main Line No. 2 as part of the City's railroad quiet zone project. City Council postponed the first reading of the ordinance during the February 14, 2011 City Council meeting and directed staff to further research impact of the closures. Closing N. Houston Avenue and N. Central Avenue is required in order for the railroad quiet zone to qualify as designed.


N/A

Strategic Priorities: (Infrastructure) ./ Yes City Plan/Council Priority: Continue an ongoing program of

infrastructure construction and maintenance

FISCAL IMPACT: Closure of N. Houston Avenue and N. Central Avenue is planned to be completed as part of the railroad quiet zone project.


Not applicable


Staff recommends approval of the first reading of the attached ordinance.

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ORDINANCE NO. 2011 -

AN ORDINANCE OF THE CITY OF NEW BRAUNFELS, TEXAS CLOSING THE RAILROAD CROSSINGS LOCATED ON N. HOUSTON AVENUE AND N. CENTRAL AVENUE WITHIN THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.

WHEREAS, the Union Pacific Railroad Company ("UPRR"), the Texas Department of Transportation ("TxDOT"), and the City of New Braunfels have joined together to consolidate redundant and unnecessary street/railroad crossings; and

WHEREAS, the United States Department of Transportation's Federal Railroad Administration ("DOT") expressed a stated goal in 1991 of closing twenty-five percent (25%) of the crossings in the country; and

WHEREAS, the City of New Braunfels desires to physically and permanently close the railroad crossings across the UPRR tracks on N. Houston Avenue and N. Central Avenue; and

WHEREAS, UPRR endorses the DOT's goal of reducing the number of at-grade crossings to enhance highway-rail grade crossing safety at both public and private crossings through consolidation, elimination, grade separation and restriction of number of new crossings installed; and

WHEREAS, to comply with and support the federal initiative to reduce crossings, UPRR has a practice of requesting that multiple public crossings be consolidated before agreeing to the establishment of a new crossing; and

WHEREAS, the City maintains that the closing of the N. Houston Avenue and N. Central Avenue crossings will be "banked" for the possible opening of a new crossing within the City limits in the future; and

WHEREAS, if and when the City considers a new crossing, the City will engage in a study that identifies other crossings for closure to meet DOT goals; NOW, THEREFORE,


Section 1: That the street crossings across the UPRR tracks on N. Houston Avenue (DOT# 415543P) and N. Central Avenue (DOT# 415542H) be permanently closed to vehicular traffic at the time that the City places the appropriate barricades or end-treatment on both roadway approaches for each crossing, with the City to retain title to the public rightof-way in said streets, retaining any and all easements for existing and prospective utilities and retaining the right of access at all times for the purpose of maintaining existing and prospective utility facilities located in the aforesaid portions of said streets.

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The City reserves the right, at the sole discretion of the City Council, to reopen by ordinance the aforesaid street rights-of~way to public travel at any time by directing removal of the aforesaid barricades, reconstruction of the roadways, and the installation of appropriate traffic control devices at the railroad crossings.

The City Manager is authorized to execute any necessary documents with UPRR and/or TxDOT in order to accomplish the closure of the railroad crossings at N. Houston Avenue and N. Central Avenue.

SECTION 2. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

SECTION 3. This Ordinance will take effect upon the second and final reading in accordance with the provisions of the Charter of the City of New Braunfels.

PASSED AND APPROVED: First reading this __ day of ______ _ 2011.

PASSED AND APPROVED: Second reading this_ day of ______ _ 2011.


By: ________________ ___


ATTEST:

Patrick Aten, City Secretary


Alan C. Wayland, City Attorney

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~J N~~ Braunfels City Council Agenda Item Report February 28, 2011

Agenda Item No. 4 E Presenter/Contact - Nathan Pence, Watershed Program Manager


SUBJECT: Discuss and consider approval of a resolution creating a Watershed Advisory Committee for the City of New Braunfels; providing for appointment of committee members, terms of office and duties.

BACKGROUND/RATIONALE: As a result of the 2010 census, the City of New Braunfels has surpassed 50,000 in population, mandating that the City adhere to the Federally Mandated stormwater regulations. One specific component of the stormwater regulations is to establish an advisory committee. To address community needs regarding watershed management and federal mandates, a Watershed Advisory Committee is proposed. After research into other standing watershed and stormwater committees and consultation with the City's stormwater and drainage consultants, the specifics outlined below are recommended to meet the City's needs.

Committee Composition • Engineer • Developer • Landscape planner, architect or arborist • Member representing the business community • Member representing biological or environmental interests • Citizen-at-large • Agricultural or landowner within the watershed • Two representatives from different home owners associations

Committee Details • Citizens seeking appointment shall submit an application to the City Secretaries Office and

then shall be appointed by City Council. • The Mayor shall appoint a chairperson for a three-year term. • Each member shall serve a three year term and the terms will be staggered • At the first meeting of the Committee, the members shall draw for terms so that three (3)

members shall serve a one-year term, three (3) members shall serve a two-year term, and three (3) members shall serve a three-year term. Thereafter, any member appointed or reappointed to the Committee shall serve a three-year term unless the appointment is to fill an unexpired vacant term.

Identified Duties (1) Serve as the federally mandated stormwater advisory committee and perform the

functions of such committee pursuant to the federal stormwater regulations;

Page 1 of2

(2) Provide advice to the Council on capital improvement projects involving storm water, water, and watershed matters;

(3) Provide advice in the development or review of a drainage criteria manual; ,") (4) Provide advice to the Council on regional watershed issues; and _ . (5) Distribute information to the public and keep it informed and involved on watershed

matters and issues.

Applications are being accepted through Wednesday, March 16, 2011. All applications received for the Watershed Advisory Committee will be presented to City Council for consideration on March 28.


NIA

-1 Yes I City Plan/Council Priority: I Resource Management I Drainage I

Public Involvement

FISCAL IMPACT:

Minimal. May be nominal expenses related to the advertising for members and conducting of public meetings.


NIA


Staff supports the Resolution, as it fulfills federally mandated requirements and continues to build on public involvement related to the stormwater and watershed issues and concerns identified.

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RESOLUTION NO. 2011-R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, CREATING A WATERSHED ADVISORY COMMITTEE OF NINE (9) MEMBERS FOR THE CITY; PROVIDING FOR APPOINTMENT OF COMMITTEE MEMBERS, TERMS OF OFFICE AND DUTIES; AND DECLARING AN EFFECTIVE DATE.

WHEREAS, the City of New Braunfels has a population in excess of 50,000; and

WHEREAS, the mandated federal stormwater regulations apply to cities with populations in excess of 50,000; and

WHEREAS, the federal regulations require the appointment of an advisory committee to assist the City in developing stormwater regulations for the City; NOW, THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS:

SECTION 1: That a New Braunfels Watershed Advisory Committee of nine (9) members is hereby created and the members of said Committee shall be appointed by the City Council. The Mayor shall appoint the chairperson for a three-year term.

a. Composition: The Committee shall consist of the following representatives within the City: one ( 1) engineer; one ( 1) developer; one ( 1) landscape planner, architect or arborist; one (1) member representing the business community; one (1) member representing biological or environmental interests; one (1) citizen-at-large; one (1) agricultural landowner within the watershed; and two (2) representatives from different home owners associations.

b. Term: Each member shall serve a three year term and the terms will be staggered. At the first meeting of the Committee, the members shall draw for terms so that three (3) members shall serve a one-year term, three (3) members shall serve a two-year term, and three (3) members shall serve a three-year term. Thereafter, any member appointed or reappointed to the Committee shall serve a three-year term unless the appointment is to fill an unexpired vacant term.

c. Duties: The Committee shall review information and material with regard to stormwater and watershed management issues and provide advice to the City Council concerning the same. Specifically, the Committee will:

Legal/Resolutions/20 11/Res.Creation of Watershed Advisory Committee 1

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(1) Serve as the federally mandated stormwater advisory committee and perform the functions of such committee pursuant to the federal ) stormwater regulations;

(2) Provide advice to the Council on capital improvement projects involving stormwater and watershed matters;

(3) Provide advice in the development or review of a drainage criteria manual;

(4) Provide advice to the Council on regional watershed issues; and (5) Distribute information to the public and keep it informed and involved

on watershed matters and issues.

d. Miscellaneous: The members of the Committee shall serve at the pleasure of the City Council and a majority of the Council may remove a member from the Committee for any reason or no reason at all; and the Council may terminate the Committee at any time that it deems appropriate.




By: ______________________ __


ATTEST:


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~-..New Braunfels City Council Agenda Item Report February 28, 2011

Agenda Item No. 5 (A - D) Presenter/Contact- Alan C. Wayland, City Attorney

SUBJECT: EXECUTIVE SESSIONS

(A) Deliberate and consider the purchase, exchange, lease or value of real property, in accordance with Section 551.072, of the Texas Government Code. (A. Wayland, City Attorney)

(B) Deliberate issues regarding economic development negotiations in accordance with Section 551.087, of the Texas Government Code. (A. Wayland, City Attorney)

(C) Deliberate pending/contemplated litigation, settlement offer(s), and matters concerning privileged and unprivileged client information deemed confidential by Rule 1.05 of the Texas Disciplinary Rules of Professional Conduct in accordance with Section 551.071, of the Texas Government Code. (A. Wayland, City Attorney)

(D) Annual Evaluation of the City Manager, in accordance with Section 551.074, of the Texas Government Code, Personnel Matters.

In accordance with Texas Government Code, Subchapter D, the City Council may convene in a closed session. After the Executive Session discussion on the above noted item, any final action or vote taken will be in public.

BACKGROUND/RATIONALE: N/A ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:


FISCAL IMPACT: N/A BOARD/COMMISSION RECOMMENDATION: N/A

), STAFF RECOMMENDATION:

N/A

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