2/3/14 Special - City of New Braunfels

CITY OF NEW BRAUNFELS, TEXAS
SPECIAL CITY COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
424 S. CASTELL AVENUE
MONDAY, FEBRUARY 3, 2013 at 5:30 P.M.
Gale Pospisil, Mayor
George Green, Councilmember (District 1)
Aja Edwards, Councilmember (District 2)
Ron Reaves, Councilmember (District 3)
Sandy Nolte, Councilmember (District 4)
Bryan Miranda, Mayor Pro Tem (District 5)
Steven Digges, Councilmember (District 6)
Robert Camareno, 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.
CALL TO ORDER:
February 3, 2014 @ 5:30 P.M.
CALL OF ROLL:
City Secretary
1.
2.
INDIVIDUAL ITEMS FOR CONSIDERATION
(A)
Second public hearing regarding the proposed annexation of approximately 4.91
acres of land at 1160 FM 1863, adjacent to the existing city limits.
(S. Mattingly, Planning and Community Development Director) Page 1
(B)
Second public hearing regarding the proposed annexation of approximately
29.337 acres of land on FM 1101 near FM 483, adjacent to the existing city limits.
(S. Mattingly, Planning and Community Development Director) Page 9
(C)
Discuss and consider approval of an amendment to the Veramendi Development
Agreement and authorizing the City Manager to execute the amendment.
(R. Camareno, City Manager) Page 17
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.
(B)
Deliberate issues regarding economic development negotiations in accordance
with Section 551.087, of the Texas Government Code.
City Council Special Agenda
February 3, 2014
(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.
(D)
Deliberate the appointment, employment, evaluation, reassignment, or duties of
employee(s), City Manager, City Attorney, and/or Municipal Court Judge in
accordance with Section 551.074 of the Texas Government Code.
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).
CERTIFICATION
I hereby certify the above Notice of Meeting was posted on the Bulletin Board at the New
Braunfels Municipal Building on January 31, 2014, at 3:00 p.m.
______________________________
Patrick Aten, City Secretary
NOTE: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such
as interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the
City Secretary’s Office at 221-4010 at least two (2) work days prior to the meeting so that appropriate
arrangements can be made.
1
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City Council Agenda Item Report
February 3, 2014
1A_
Agenda Item No. _
Presenter I Contact- Shannon Mattingly, Planning and Community Development Director
(830) 221-4055 - smattingly@nbtexas.org
SUBJECT:
Second public hearing regarding the proposed annexation of approximately 4.91
acres of land at 1160 FM 1863, adjacent to the existing city limits.
CASE No.:
CS 14-003
APPLICANT/OWNER:
Robert & Sylvia Camareno
1160 FM 1863
New Braunfels, TX 78132
BACKGROUND/RATIONALE:
City Council held the first public hearing on January 27, 2014.
A request for voluntary annexation has been submitted to the City by the property owner of
approximately 4 .91 acres of land in Comal County. The property is adjacent and contiguous to
the existing corporate City Limits and the petitioner has agreed and consented to the
annexation of the subject property by the City and further agreed 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 at 1160 FM 1863,
as depicted on the attached map.
A proposed schedule for annexation is as follows :
Annexation petition filed :
Council accepts petition and sets public hearings by resolution:
First Public Hearing:
Second Public Hearing :
First Reading of Ordinance:
Second Reading of Ordinance:
December 19, 2013
January 13, 2014
January 27, 2014
February 3, 2014 *
February 24, 2014
March 10, 2014
* Denotes Special Meeting
GENERAL INFORMATION:
Size:
Approximately 4 .91 acres
Comprehensive Plan/ Future
Land Use Designation :
Commercial
lmprovement(s):
Single-Family Residential Building and Accessory Structures
Population:
2
County:
Comal
Page 1 of 2
2
Census Tracts:
3107.01
NOTIFICATION:
Notice of the public hearing was published in the New Braunfels Herald Zeitung on January 16,
2014 and posted on the City of New Braunfels website.
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
N/A
City Plan/Council
Priority:
2006 Comprehensive
Plan
Objective 88: Annex areas to assure consistent
land use controls.
FISCAL IMPACT:
The Service Plan identifies the City services that will have increased demands, including police
and fire protection, emergency medical services, solid waste collection, street maintenance,
planning, code enforcement, animal control, library, parks and recreation, court, and general
administration.
BOARD/COMMISSION RECOMMENDATION:
N/A
STAFF RECOMMENDATION:
N/A
ATTACHMENTS:
1.
2.
3.
Location Map
Aerial Map
Service Plan
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SERVICE PLAN FOR 2014 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.
Approximately 4.91 acres of land on FM 1863 adjacent to the existing City Limits.
SERVICES PROVIDED BY THE EFFECTIVE DATE OF ANNEXATION
1.
Police Protection
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.
2.
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.
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
Page 1
ATTACHMENT 3
6
collection locations shall be subject to the approval of the Sanitation Manager. In the
event the City does not collect garbage within the areas with private roads and/or gates,
residents of these areas will not be billed for service after the two-year date.
5.
Maintenance of Roads and Streets
Any and all public roads, streets or alleyways shall be maintained to the same degree
and extent that other public roads, streets, and alleyways are maintained in areas of the
City with like topography, land use and density as those found within the newly annexed
areas. Private roads will remain under the ownership of the homeowners association and
as such maintained by the association.
6.
Maintenance of Parks, 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.
7.
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
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
1.
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 Y2 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.
2.
Water and Wastewater Facilities
Water and wastewater service is currently provided to the annexed area by NBU.
Service will continue to be provided at or above current levels following annexation.
Page 2
7
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 seNice plan will not
provide any fewer seNices and will not provide a lower level of seNice 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 seNice 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 (1 0) years.
discretion of the City of New Braunfels.
Renewal of the SeNice Plan is at the
LEVEL OF SERVICE
Nothing in this plan shall require the City to provide a uniform level of full municipal seNices 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
seNice.
AMENDMENTS
The plan shall not be amended unless public hearings are held in accordance with Chapter 43 of
the Texas Local Government Code.
U :\Pianning\Annexation\2014 Annexations\Camareno\Camareno Service Plan.docx
Page 3
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9
City Council Agenda Item Report
February 3, 2014
1B
Agenda Item No. __
Presenter I Contact- Shannon Mattingly, Planning and Community Development Director
(830) 221-4055- smattingly@nbtexas.org
SUBJECT:
CASE
Second public hearing regarding the proposed annexation of approximately
29.337 acres of land on FM 1101 near FM 483, adjacent to the existing city
limits.
No.:
APPLICANT/OWNER:
CS14-004
Emmert Fifth Limited Partnership
PO Box 727
Bethany, OK 73008-0727
BACKGROUND/RATIONALE:
City Council held the first public hearing on January 27, 2014.
On May 15, 2013 a development agreement became effective between the City and the
property owner of approximately 29.337 acres of land in Comal County. The development
agreement constitutes a petition by the property owner for annexation of the property into the
City. This property is adjacent and contiguous to the existing corporate City Limits and the
petitioner has agreed and consented to the annexation of the subject property by the City and
further agreed 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 at 2468 FM 1101, as depicted on the attached map.
A proposed schedule for annexation is as follows:
Annexation petition filed:
Council accepts petition and sets public hearings by resolution:
First Public Hearing:
Second Public Hearing:
First Reading of Ordinance:
Second Reading of Ordinance:
May 15,2013
January 13, 2014
January 27, 2014
February 3, 2014 *
February 24, 2014
March 10, 2014
*Denotes Special Meeting
GENERAL INFORMATION:
Size:
Approximately 29.337 acres
Comprehensive Plan/ Future
Land Use Designation:
Commercial/Industrial and Low Density Residential
lmprovement(s):
Abandoned Storage and Accessory Structures
Population:
0
Page 1 of 2
10
County:
Coma I
Census Tracts:
3109.02
NOTIFICATION:
Notice of the public hearing was published in the New Braunfels Herald Zeitung on January 16,
2014 and posted on the City of New Braunfels website.
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
N/A
City Plan/Council
Priority:
2006 Comprehensive
Plan
Objective 88: Annex areas to assure consistent
land use controls.
FISCAL IMPACT:
The Service Plan identifies the City services that will have increased demands, including police
and fire protection, emergency medical services, solid waste collection, street maintenance,
planning, code enforcement, animal control, library, parks and recreation, court, and general
administration.
BOARD/COMMISSION RECOMMENDATION:
N/A
STAFF RECOMMENDATION:
N/A
ATTACHMENTS:
1.
2.
3.
Location Map
Aerial map
Service Plan
U:\Pianning\Annexation\2014 Annexations\Emmert\Emmert 2nd PH.docx
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Friday, January 31 . 2014
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SERVICE PLAN FOR 2014 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.
Approximately 29.337 acres of land on FM 1101 adjacent to the existing City Limits.
SERVICES PROVIDED BY THE EFFECTIVE DATE OF ANNEXATION
1.
Police Protection
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
The Police Department will have the
found within the newly annexed areas.
responsibility to respond to all dispatched calls for service or assistance within the newly
annexed areas.
2.
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.
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
Page 1
ATTACHMENT 3
14
collection locations shall be subject to the approval of the Sanitation Manager. In the
event the City does not collect garbage within the areas with private roads and/or gates,
residents of these areas will not be billed for service after the two-year date.
5.
Maintenance of Roads and Streets
Any and all public roads, streets or alleyways shall be maintained to the same degree
and extent that other public roads, streets, and alleyways are maintained in areas of the
City with like topography, land use and density as those found within the newly annexed
areas. Private roads will remain under the ownership of the homeowners association and
as such maintained by the association.
6.
Maintenance of Parks, 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 .
7.
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
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
1.
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.
2.
Water and Wastewater Facilities
Water and wastewater service is currently provided to the annexed area by NBU.
Service will continue to be provided at or above current levels following annexation.
Page 2
15
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 Y2 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 Y2 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 (1 0) years.
discretion of the City of New Braunfels.
Renewal of the Service Plan is at the
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.
U :\Pianning\Annexation\2014 Annexations\Emmert\Emmert Service Plan .docx
Page 3
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City Council Agenda Item Report
February 10, 2014
1C
Agenda Item No.____
Presenter/Contact – Robert Camareno, City Manager
(830) 221-4280 rcamareno@nbtexas.org
SUBJECT:
Discuss and consider approval of an amendment to the Veramendi Development
Agreement and authorizing the City Manager to execute the amendment.
BACKGROUND/RATIONALE:
This item amends the Veramendi Development Agreement to extend the period of time by which
the Agreement is recorded. Under the existing terms of the Development Agreement between
the City of New Braunfels and the Word-Borchers Ranch Joint Venture, the Agreement is
required to be recorded in the real property records by February 25, 2014 or the Agreement shall
be null and void with no party having any further obligation or liability. The year long period was
needed to allow for the development group to pursue and confirm participation in the project by
third parties before the Joint Venture committed to make the substantial infrastructure
expenditures and commitments that were related to the recording of the agreement and not to
development milestones.
The total infrastructure costs associated with Phase 1 are
approximately $40 million. The commitments affected by approval of the Second Amendment
include:
•
•
•
•
•
•
•
•
Execution of the Regional Stormwater Facility Escrow Agreement (from February 24, 2014
to August 24, 2014); and
Deadline for construction of the Temporary Regional Stormwater Facility (from February
24, 2018 to August 24, 2018); and
Deadline for construction of the regional stormwater facility from (August 24, 2020 to
February 24, 2021); and
Deadline for delivery of Regional Park 1 (from February 24, 2023 to August 24, 2023); and
Deadline for the Owner to have deeded Regional Park 2 to the District for public purposes
or delivered the Regional Park 2 Option Agreement (from February 24, 2028 to August 24,
2028); and
Delivery of up to $5 million towards the City’s stormwater diversion project (tentatively
identified as the German Creek diversion);
Deadline for City to deliver the commencement notice for the stormwater diversion project
(from February 24, 2028 to August 24, 2028); and
Deadline for City to purchase the ROW needed for an extension of FM 1863 into the
project (from February 24, 2018 to August 24, 2018); and
Page 1 of 2
18
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
X Yes
City Plan/Council Priority:
Strategic Priorities:
17. Establish a vision for the future of the City of
New Braunfels
18. Work with existing entities to ensure
sustainable quality development
FISCAL IMPACT:
N/A
BOARD/COMMISSION RECOMMENDATION:
N/A
STAFF RECOMMENDATION:
The Joint Venture is requesting a nine month extension (to November 25, 2014) to the period by
which the Agreement is recorded in the real property records. Staff recommends adoption of the
Second Amendment as proposed.
ATTACHMENTS:
Attachment A- Extension Request Letter from ASA
Attachment B- Second Amendment to Development Agreement
Page 2 of 2
19
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Draft - January 13, 2014
STATE OF TEXAS
COUNTY OF COMAL
CITY OF NEW BRAUNFELS
§
§
§
§
§
§
§
SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF NEW
BRAUNFELS AND WORD BORCHERS
RANCH JOINT VENTURE FOR
PROPOSED MIXED USE
DEVELOPMENT
THIS SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT (the
“Second Amendment”) effective as of February ___, 2014 (the “Effective Date”), is entered
into by and between The City of New Braunfels, a Texas Home Rule Municipal Corporation (the
“City”), and Word-Borchers Ranch Joint Venture, a Texas general partnership (the “Owner”).
RECITALS
A.
The City and the Owner entered into the Development Agreement Between the
City of New Braunfels and Word Borchers Ranch Joint Venture for Proposed Mixed Use
Development dated February 25, 2013, as amended by the First Amendment to the Development
Agreement dated January 27, 2014 ( together, the “Development Agreement”).
B.
The City and the Owner now desire to amend the Development Agreement to
extend the period of time the Owner has for recording the Development Agreement by nine (9)
months.
AGREEMENT
NOW THEREFORE, in consideration of the promises and mutual agreements set forth
herein, the City and Owner hereby agree as follows:
1.
Extension of Third Approval Period. Section 23.15 of the Development
Agreement is hereby amended by deleting the phrase “In the event the Owner fails to record this
Agreement in the real property records of the County within one (1) year following approval of
this Agreement by the City Council…” and inserting in lieu thereof, the phrase “In the event the
Owner fails to record this Agreement in the real property records of the County within one (1)
year and nine (9) months following approval of this Agreement by the City Council…” For
purposes of clarity, the parties agree that November 25, 2014 is the date that is one year and nine
months following the City’s Council’s approval of the Development Agreement.
Ratification and Defined Terms. Except as expressly modified by this Second
2.
Amendment, the Development Agreement remains unchanged and in full force and effect. All
capitalized terms used herein and not otherwise defined shall have the same meaning ascribed to
them in the Development Agreement.
3.
Counterparts.
This Second Amendment may be executed in multiple
counterparts, each of which shall be deemed an original.
1
22
Draft - January 13, 2014
This Second Amendment was executed on the dates set forth below to be effective as of
the Effective Date.
CITY OF NEW BRAUNFELS
By:
Printed Name: ______________________________
Title:
Date:
WORD-BORCHERS RANCH JOINT VENTURE
By:
ASA Properties LLC,
Its:
Manager
By:
ASA Properties Holding Co. LLC, a Texas liability company, its sole manager
By:____________________________________________
Peter James, Manager
2
23
Draft - January 13, 2014
STATE OF TEXAS
COUNTY OF COMAL
§
§
§
CORPORATE ACKNOWLEDGMENT
This instrument was acknowledged before me on this the _____ day of ______________ 2014,
by _________________________, a person known to me in his or her capacity as
______________ of the City of New Braunfels, on behalf of the City of New Braunfels.
__________________________________________
Notary Public, in and for the State of Texas
STATE OF TEXAS
COUNTY OF COMAL
§
§
§
CORPORATE ACKNOWLEDGMENT
This instrument was acknowledged before me on this the _____ day of ___________________
2014, by Peter James, a person known to me in his capacity as manager of ASA Properties
Holding Co. LLC, the sole manager of ASA PROPERTIES, L.L.C., on behalf of Word-Borchers
Ranch Joint Venture.
__________________________________________
Notary Public, in and for the State of Texas
3
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City Council Agenda Item Report
February 3, 2014
Agenda Item No. 2 (A – D)
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.
(B)
Deliberate issues regarding economic development negotiations in accordance
with Section 551.087, of the Texas Government Code.
(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.
(D)
Deliberate the appointment, employment, evaluation, reassignment, or duties of
employee(s), City Manager, City Attorney, and/or Municipal Court Judge in
accordance with Section 551.074 of the Texas Government Code.
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 items, 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:
√
N/A
City Plan/Council Priority:
FISCAL IMPACT:
N/A
BOARD/COMMISSION RECOMMENDATION:
N/A
STAFF RECOMMENDATION:
N/A
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