CITY OF NEW BRAUNFELS, TEXAS REGULAR CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 424 S. CASTELL AVENUE. MONDAY, OCTOBER 11,2010 at 6:00P.M.

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1 ~_,City of ~-.. New Braunfels CITY OF NEW BRAUNFELS, TEXAS REGULAR CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 424 S. CASTELL AVENUE MONDAY, OCTOBER 11,2010 at 6:00P.M. R. Bruce Boyer, Mayor 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. 3. CONSENT AGENDA ADDENDUM (C) (N) Approval of budget transfers and adjustments in the Self Insurance Fund, the Civic/Convention Center Fund, and the Streets and Drainage Capital Improvement Fund for FY (This is a correction to Item 3C on the regular agenda) (D. Korinchock, Support Services Director) Approval of a resolution of the City Council of the City of New Braunfels, Texas, ratifying previous Resolution No R31 and providing a property description and approving all previous proceedings including acquiring the same by the filing of proceedings in eminent domain. (C. Real, Real Estate Mgr. & A. Wayland, City Atty.) 4. INDIVIDUAL ITEMS FOR CONSIDERATION (The following item (4K) was posted on the regular agenda; however, on October 5, 2010 the applicant requested postponement. No action will be taken by City Council on this item on October 11, (K) (Q) Public hearing and consider the first reading of an ordinance rezoning acres located on the west side of Oak Run Parkway, approximately 2,000 feet north of Loop 337, from "R-1A-8" Single Family District with Restrictions to "Enclave at Westpointe Village Planned Development District" with Concept Plan. (S. Mattingly, Planning and Community Development Director) Discuss and consider authorizing the City Manager to enter into an agreement with the Comal County Senior Citizen's Foundation, Inc. to administer the Energy Efficiency Conservation Weatherization Block Grant program. (M. Morrison, City Mgr.)

2 City Council Agenda Addendum October 11, 2010 Page 2 of2 (R) Discuss and consider authorization for the City Manager to utilize the existing contracts with HMT Engineering and Surveying, Inc., Pawelek and Moy, Inc., River City Engineering and The Schultz Group, Inc for preliminary engineering analysis not to exceed $300,000 on potential drainage projects as presented in the Council workshop on October 4, 2010 and the appropriate budgetary transfer ( J. Klein, City Engr.) CERTIFICATION I hereby certify the above Addendum to the Notice of Meeting for the October 11, 2010 City Council meeting was posted on the Bulletin Board at the New Braunfels Municipal Building on October 6, 2010 at 4:45 p.m..,4 ~.~ Ann Smith, Interim City Secretary s who plan to attend this meeting and who may need auxiliary aids or services ns who are deaf or hearing impaired, readers, or large print, are requested to Office at at least two (2) work days prior to the meeting so that be made.

3 City Council Agenda Item Report October 11, 2010 Agenda Item No. 3-C Presenter/Contact- Deborah Korinchock, Support Services Director (830) dkorinchock@nbtexas.org SUBJECT: Approval of budget transfers and adjustments in the Self Insurance Fund, the Civic/Convention Center Fund and the Streets and Drainage Capital Improvement Fund for FY BACKGROUND/RATIONALE: As discussed in the FY budget workshops, medical claims in the City's Self Insurance Fund have been much higher than the budgeted amount in FY Fortunately, the revenue in the fund has also been somewhat higher. The budget adjustment shown below increases the budgeted expenditures for claims and administrative costs as well as the revenue estimate for FY The higher revenue will help offset the increased expenses. However, some additional fund balance- $243,700- will also be drawn down to cover all the expected costs. Total claims and administrative costs, including the wellness program, are now expected to reach $5,127,000 for FY This is slightly below the amount included in the FY Budget for the FY estimate. This means that the beginning balance for the fund for the new budget year will be very close to the amount expected. All the projects funded in the Streets and Drainage Capital Improvement Fund have been completed and almost all the funds have been expended. A remaining balance of $12,383 will be transferred to the 2007 Certificates of Obligation Capital Improvement Fund so that it can be used for other capital improvement projects. The Civic/Convention Center continues to make improvements using the $650,000 that came from reserves in the convention and visitor's bureau funding. The FY Budget allocated those funds between capital and operating appropriations. In this year, more of the improvements were funded through operating line items. Therefore, a budget transfer is needed to move funding into the operations expense appropriation group. Self Insurance Fund Premium (revenue - increase) From: Operations Expense To: Employee Expense Streets and Drainage Capita/Improvement Fund Interest Income (amount of increase) From: Katy Street Drainage (completed project) To: lnterfund Transfer Appropriation Civic/Convention Center Fund Page 1 of2 $462,400 ($60,000) $766,100 $1 '199 $11 '184 $12,383

4 From: Capital Expense To: Operations Expense ($30,000) $30,000 ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY". N/A X Yes I City Plan/Council Priority: I Strategic Priorities: City operations Maintain fiscal stability of FISCAL IMPACT: These budget amendments allow the closure of the Streets and Drainage Capital Improvement Fund, allowing the use of the small amount of remaining funds. In addition, the Self Insurance Fund amendments will allow the fund to pay all remaining costs for the fiscal year. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Approval of budget transfers and adjustments in the Self Insurance Fund, the Civic/Convention Center Fund and the Streets and Drainage Fund for FY Page2 of2

5 f'., City of ~-..New Braunfels City Council Agenda Item Report October 11, 2010 Agenda Item No. 3N Presenter/Contact- Alan C. Wayland, City Attorney (830) SuBJECT: Approval of a resolution of the City Council of the City of New Braunfels, Texas; ratifying previous Resolution No. 201 O-R31 and providing a property description and approving all previous proceedings including acquiring the same by the filing of proceedings in eminent domain. BACKGROUND/RATIONALE: City staff has made an offer to acquire properties along the North Tributary in order to construct a detention pond and make drainage improvements. The proposed resolution authorizes the City Manager to acquire those properties consistent with the appraised values and also authorizes the City Attorney to file condemnation proceedings against the property owners in the event that an acquisition cannot be completed through negotiation. The resolution also authorizes the City Attorney to engage the services of an outside law firm to assist with the acquisition by condemnation of the properties. The purpose of this ratification is to include a property description for one of the proposed ponds for the project that more accurately identifies the subject property pursuant to the surveyor's legal description. The legal description was not available at the time of the previous resolution. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: X N/A Yes City Plan/Council Priority: Strategic Priority: Infrastructure Objective 2: Implement ongoing program for infrastructure construction and maintenance FISCAL IMPACT: A total of $510,170 has been appropriated in the 2004 and 2008 Certificates of Obligation Capital Improvement Funds for right-of-way acquisitions related to this project. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Staff recommends approval of the Resolution.

6 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS, RATIFYING PREVIOUS RESOLUTION NO. 201 O-R31 AND PROVIDING A PROPERTY DESCRIPTION AND APPROVING ALL PREVIOUS PROCEEDINGS INCLUDING ACQUIRING THE SAME BY THE FILING OF PROCEEDINGS IN EMINENT DOMAIN, IF NECESSARY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of New Braunfels, Texas, upon consideration of the matter, has previously determined that there is a public necessity for the welfare of the City of New Braunfels and the public-at-large, to improve the North Tributary between Walnut Avenue and McQueeney Road within the City by constructing a detention pond and drainage improvements; and WHEREAS, in accordance with the above, the City Council of the City of New Braunfels, Texas, hereby finds that it is in the public interest to acquire fee simple title to real property for the above stated municipal purpose; and WHEREAS, the property to be acquired for such purpose consists of two (2) parcels of real property described as being acres and acres described in Exhibit "A" attached hereto and made a part hereof, the owner of which are listed as Raymond A. Schumacher, as Trustee for the Raymond A. Schumacher Declaration of Trust dated 10/9/85 by reference (the "Properties"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS: SECTION 1: The City Council hereby finds and determines that it is necessary for the welfare of the City and its citizens and is in the public interest to acquire fee simple title to the Properties for flood control and associated municipal purposes for the construction of the North Tributary Flood Control Project between Walnut Avenue and McQueeney Road. SECTION 2: The City Manager, or his designee, is hereby authorized on behalf of the City to attempt to agree on damages and compensation to be paid to owners of the Properties. If the City Manager or his designee determines that an agreement as to damages and compensation cannot be reached with any particular property owner, then the City Attorney, or his designee, is hereby authorized to file or cause to be filed, against the owners and interested parties of the particular property, proceedings in eminent domain to acquire fee simple title to that property. The City Attorney is further authorized to engage the services of an outside law firm to assist in the acquisitions of the Properties. Legai/Common!Resolutions/20 1 0/Resolution.Ratifying Walnut Ave Widening Project. Condemnation 1

7 SECTION 3: It is the intent of the City Council that this Resolution authorizes the condemnation of these Properties required to construct the North Tributary Flood Control Project between Walnut Avenue and McQueeney Road. If it is later determined that there are errors in the descriptions of the parcels or if later surveys contain more accurate revised descriptions, the City Attorney or his designee is authorized to have such errors corrected or revisions made without the necessity of obtaining a new City Council resolution authorizing the condemnation of the corrected or revised Property. SECTION 4: The findings of fact, recitations and provisions set out in the preamble of this Resolution are adopted and made a part of the body of this Resolution, as fully as if the same were set forth herein. PASSED AND APPROVED this the 11th day of October, CITY OF NEW BRAUNFELS, TEXAS ATTEST: R. Bruce Boyer, Mayor Ann Smith, Interim City Secretary Legai/Common/Resolutions/20 I 0/Resolution.RatifYing Walnut Ave Widening Project. Condemnation 2

8 Lot 4 Block 1, Executive Park Unit 3 AVO.# acre tract Page 1 of 4 04/08/10 Legal Description Acres Being (621,993 square feet) Acres of land situate in the State of Texas, County of Comal, City of New Braunfels, located in the John Thompson Survey No. 21, Abstract No. 608, being all of Lot 4 Block 1, established in Plat of Executive Park Unit Three as recorded in Volume 11, Page 17 of the Map and Plat Records of Comal County, Texas (M.P.R.C.C.T.), also being described in deed to Raymond A. Schumacher as trustee of the Raymond A. Schumacher Declaration of Trust dated 10/09/85, as recorded In Document Number of the Official Records of Comal County, Texas (O.R.C.C.T.), being more particularly described by metes and bounds as follows; Commencing at a found 1/2 inch Iron rod (N 13,798,793.08, E 2,248,479.39) in the southeast right-of-way of Interstate Highway 35, a variable width right-of-way established by Texas Department of Transportation C.S.J. Number , being the northeast corner of Lot 3, Block 1 of said Executive Park Unit Three, also being the northwest corner of Lot 1, established In Plat of Executive Park Unit One as recorded in Volume 8, Page 106 of the (M.P.R.C.C.T.); Thence S 24"19'40" E (S 23"45'29" E) with the northeast line of said Lot 3, Block 1 Executive Park Unit Three, and the southwest line of said Lot 1, Executive Park Unit One, passing at a distance of (545.00) feet a found 1/2 Inch Iron rod, at the southwest corner of Lot 1, said Executive Park Unit One and the northwest corner of Lot 2, Block 1, as established in Plat of Executive Park Unit Two as recorded in Volume 8, Page 240 of the (M.P.R.C.C.T.), continuing In all a distance of (582.63) feet to a found 1/2 inch iron rod at the southeast corner of said Lot 3 Block 1, Executive Park Unit Three and the northeast corner of said Lot 4, Block 1, Executive Park Unit Three, being the Point of Beginning (N 13,798,262.19, E 2,248,719.40) Thence S 24"19'40" E (S 23.45'29" E) with the northeast line of said Lot 4, Block 1, Executive Park Unit Three and the southwest line of said Lot 2, Block 1, Executive Park Unit Two, a distance of (483.57) feet to a found 1/2 inch iron rod, at the southeast corner of said Lot 4, Block 1, Executive Park Unit Three and the southwest corner of said Lot 1, Block 2, Executive Park Unit Two, and also being In the northwest line of Lot 70, Block 10 as established In Plat of Walnut Estates Unit Thirteen, recorded In Volume 8, Page 28 of the (M.P.R.C.C.T.); Thence S 64 18'56" W (S 64 53'07" W) with the southeast line of said Lot 4, Block 1, Executive Park Unit Three, and the northwest line of said Walnut Estates Unit Thirteen, passing at feet the northwest corner of said Walnut Estates Unit Thirteen, and the northeast corner of Walnut Estates Unit Twelve as recorded In Volume 8, Page 27 of the (M.P.R.C.C.T.), and at feet the northwest corner of said Walnut Estates Unit Twelve, and the northeast corner of Walnut Estates Unit Nine as recorded In Volume 7, Page 48 of the (M.P.R.C.C.T.), Continuing for a total distance of ( ) feet to a found 1/2 Inch iron rod at the southwest corner of said Lot 4, Block 1, Executive Park Unit Three, also being In the southeast corner of Lot 1 as established in Plat of Walnut Mobile Home Community, as recorded In Volume 9, Page 274 of the (M.P.R.C.C.T.); Thence N 25 39'27" W (N 25"01 '01" W) with the southwest line of said Lot 4 Block 1, Executive Park Unit Three and the northeast line of said Lot 1, Walnut Mobile Home Community, a distance of (484.21) feet to a found 1/2 inch iron rod at the northwest corner of said Lot 4, Block 1, Executive Park Unit Three and the southwest corner of a acre tract described in deed to Raymond A. Schumacher as trustee of the Raymond A. Schumacher Declaration of Trust dated 10/09/85, as recorded In Document Number of the (O.R.C.C.T.);

9 Lot 4 Block 1, Executive Park Unit 3 AVO.# acre tract Page 2 of 4 04/08/10 Thence N 64 21'01" E (N 64 55'12" E) with the northwest line of said Lot 4,, Block 1, Executive Park Unit Three and the southeast line of said acres Raymond A. Schumacher tract, passing at feet a 1/2 Inch iron rod at the southeast corner of the acre tract and the southwest corner of the remaining portion of Lot 2, Block 1 of Neeley Subdivision as recorded in Volume 5, Page 235 of the (M.P.R.C.C.T.), and at feet a 1/2 inch Iron rod at the southeast corner of said Lot 2, Block 1 of Neeley Subdivision also being the southwest corner said Lot 3 Block 1, Executive Park Unit Three, continuing a total distance of ( ) feet to the Point of Beginning, containing acres (621,993 square feet). Bearing basis Is the North American Datum 1983, Texas Coordinate System, South Central Zone. Coordinates and distances cited hereon are based on the North American Datum 1983, Texas Coordinate System, South Central Zone Grid. A Survey Plat of a Acre Tract, Titled Lot 4 Block 1, Executive Park Unit Three, AVO: SE01.Dated 04/08/10 accompanies this legal description.

10 O' 100' 200' e.&-.n& ' (S 23 45' 29" Channot Easemont StaraofTexu ---- ~1&_4:.!!1 ~ ' ~ Aw'- o.r.c.c.r. Lot3 Block1 execuuve Park Unit Three Vol. 11, Pg. 17 M.P.R.C.C.T. Donald w. Maxwell Vol, 962, Pg. 841 D,R.C.C.T !L~'!!ll!!!!.. ~----- ~~~~~-=-=-==-=-=-~~~~~~==~~==~~f$r: m~.~~~ont Lot3 Lot1 Remainder ol Lot 2 Block 1 Neeley SubdMslon Vol. 5, Pg. 235 M.P.R.C.C.T. ~ Nel Hul Wang and Lal Jla Wang, o husband and wile and Wenda Wang, - a marrled person N Doo#20040B O.R.C.C.T Acrea (621,993 Sq. Ft.) Lot 4, Block 1 Executive Park Unit Three Vol. 11, Pg.17 M.P.R.C.C.T. Raymond A. Schumacher as trustee of lhe Raymond A. Schumacher Deda~&Uon oftrust Dated 10/9/85 Doc# O.R.C.C.T. :~:::::::st~t===]~=3~~ "' FIR Found Iron Rod...!... Sanitary Sewer S!J'CO Claanout n CablaTV CTVP Pedestal 0 Sanitary Sewer SSMH Manhole O.R.C.C.T. O.P.R.C.C.T. M.P.R.C.C.T. Legend TfED Telephone Pedestal Fence ( ) Record lnlormauon 0 Tree ~p Light Pole Oftlclal Records ol Coma! County, Texas Official PubUc Records ol Coma! County, Texas Map and Plat Records Cornel County, Taxes ol Lo12, Block 1 Subdivision Pg. 235,,P.R.C.C.T. ~.319Acres) Raymond A. Schumacher as LOT 4, BLOCK 1 Executive Park Unit Three VOL 11, PG 17 M.P.R.C.C.T. City of New Braunfels, County of Comal, TX DATE; 04/08/2010 AVO; SE01 HALF F. 300E. 230 SANANTONIO, TEXAS 782li8

11 Portion of Lot 2 Block 1, Neeley Subdivision AVO.# acre tract Page 1 of 4 04/08/10 Legal Description Acres Being (58,283 square feet) Acres of land situate in the Stat~ of Texas, County of Comal, City of New Braunfels, located In the John Thompson Survey No. 21, Abstract No. 608, being a portion of Lot 2 Block 1, established in Plat of Neeley Subdivision as recorded in Volume 5, Page 235 of the Map and Plat Records of Comal County, Texas (M.P.R.C.C.T.), also being described as a acre tract in deed to Raymond A. Schumacher as trustee of the Raymond A. Schumacher Declaration of Trust dated 10/09/85, as recorded In Document Number of the Official Records of Comal County, Texas (O.R.C.C.T.), being more particularly described as follows; Commencing at a found 1/2 inch iron rod (N 13,798,400.21, E 2,247,665.17) In the southeast right-of-way of Interstate Highway 35, a variable width right-of-way established by Texas Department of Transportation C.S.J. Number , being the northwest corner of Lot 1, Block 1 of said Neeley Subdivision, also being the northeast line of a called acre tract described In deed to K-JO South, LTD. a Texas Limited Partnership, as recorded In Document Nu.mber of the Official Public Records of Comal County, Texas (O.P.R.C.C.T.); Thence S 25"36'59" E (S 25"08'00" E) with the southwest line of said Lot 1, Block 1 of the Neeley Subdivision and the Northeast line of the said acre tract, passing at a distance of (231.45) feet a found 1/2 inch iron rod, at the southwest corner of said Lot 1, Block 1, and the northwest corner of said Lot 2, Block 1,Neeley Subdivision, also being In the northeast line of a acre tract described in deed to ADR Management, LTD. as recorded in Document Number of the (O.R.C.C.T.), continuing with the southwest line of said Lot 2, Block 1, Neeley Subdivision and the northeast line of said acre tract, a total distance of (435.00) feet to a found 1/2 inch Iron rod at the southeast corner of said acre tract and the northeast corner of said acre Raymond A. Schumacher tract, being the Point of Beginning (N 13,798,007.97, E 2,247,853.24) Thence S 25 37'01" E (S 25.08'00" E) with the northeast line of said acre Raymond A. Schumacher tract, and the southwest line of said Lot 2, Block 1,Neeley Subdivision a distance of (142.27) feet to a found 1/2 Inch iron rod, at the southeast corner of said acre Raymond A. Schumacher tract, the southwest corner of said Lot 2, Block 1, Neeley Subdivision and also being in the northwest line of Lot 4, Block 1 as established In Plat of Executive Park Unit Three, recorded In Volume 11, Page 17 of the (M.P.R.C.C.T.); Thence S 64 21'01" W (S 64 14'08" W) with the southeast line of said acres Raymond A. Schumacher tract, and the northwest line of said Lot 4, Block 1, Plat of Executive Park Unit Three a distance of (398.26) feet to a found 1/2 inch iron rod at the southwest corner of said acre Raymond A. Schumacher tract, the northwest corner of said Lot 4, Block 1, Plat of Executive Park Unit Three and also being In the northeast line of Lot 1 as established In Plat of Walnut Mobile Home Community, as recorded in Volume 9, Page 274 of the (M.P.R.C.C.T.); Thence N 25"39'27" W (N 25.13'18" W) with the southwest line of said acre Raymond A. Schumacher tract, and the northeast line of said Lot 1, Walnut Mobile Home Community, a distance of (146.08) feet to a found 1/2 Inch Iron rod at the northwest corner of said acre Raymond A. Schumacher tract, and the southwest corner of said acre tract;

12 Portion of Lot 2 Block 1, Neeley Subdivision AVO.# acre tract Page 2 of 4 04/08/10 Thence N 64.18'01" E (N 64.47'00" E) with the northwest line of said acres Raymond A. Schumacher tract and the southeast line of said acre tract, a distance of (398.46) feet to the Point of Beginning, containing acres (58,283 square feet). Bearing basis Is the North American Datum 1983, Texas Coordinate System, South Central Zone. Coordinates and distances cited hereon are based on the North American Datum 1983, Texas Coordinate System, South Central Zone Grid. A Survey Plat of a Acre Tract, Titled Portion of Lot 2 Block 1, Neeley Subdivision, AVO: SE01.Dated 04/08/2010 accompanies this legal description.

13 PAGE4 OF4 Notes: There is a separate legal description of the surveyed property prepared by Halff Associates, Inc. Titled Lot 4, Block 1, Executive Park, Unit 3,Volume 11, Page 17 M.P.R.C.C.T., AVO No The recorded easements, setbacks and encumbrances shown hereon are from schedule B of the Commitment for Title Insurance issued by Stewart Title Guaranty Company, GF No NBT, effective date October 08, 2009, Issue date October 21,2009. The Surveyor has relied upon the accuracy and completeness of the information described above and has made no independent investigation or search for this information. The above referenced Title Commitment lists the following restrictive covenants, mineral or other rights, or other encumbrances in connection with the property surveyed that have not been plotted or otherwise shown hereon: Schedule B h. Drainage Easement dated May 29, 1961 to the state of Texas recorded under Volume 124, Page 275, Deed Records, Comal County, Texas and as shown on plat recorded under Volume 11, page 17, Map and Plat Records, Comal County, Texas. As Shown. i. Sewer Line Right-Of-Way Agreement by Sam Wolf and Edwin London to New Braunfels Utilities dated November 18, 1977 and recorded under Volume 259, Page 827, Deed Records, Comal County, Texas and as shown on plat recorded under Volume 11, Page 17, Map and Plat Records, Comal County, Texas. As Shown. j. Drainage Easement by Green Tree Development Company to the city of New Braunfels, Texas recorded March 15,1968 under Volume 619, Page 901, Official Public Records, Comal County, Texas and as shown on plat recorded under Volume 11, Page 17, Map and Plat Records, Comal County, Texas. As Shown. k. Driveway Easement as recited in deed from Green Tree Development Company to Donald W. Maxwell recorded May06, 1994 under Volume 962, Page 841, Official Public Records, Comal County, Texas and as shown on plat recorded under Volume 11, Page 17, Map and Plat Records, Comal County, Texas. As Shown. Surveyor does not identify any geological or environmental conditions and Surveyor fully disclaims any and all responsibility related to Issues or claims related thereto or resulting there from. I i rl As graphically plotted, the parcels described hereon does appear to lie within the 100-year flood plain as delineated on the City of New Braunfels, Texas Flood Insurance Rate Map, Panel Number , dated May 15, 1991, as published by the Federal Emergency Management Agency. The surveyor utilized the above referenced flood map for this determination and the surveyor does not certify that revised flood plain information has or has not been published by the Federal Emergency M~nagement Agency or some other sou~ce. ~ LOT 4, BLOCK 1!t Executive Park Unit Three i VOL 11, PG 17 M.P.R.C.C.T. ~ City of New Braunfels, County of Co mal, TX I DATE: 04/08/2010 AVO: SE01 HALF F. ~~==========~~~====~============~

14 IH 35/ U.S. 81 Variable Width R.o.w. CSJ No. 16.() POC N 13,798, Ea2,247,8BB.17 PAGE30F "2iils'I: ---- (0.933Acres) K.JO South, LTD. D # O.P.R.C.C.T. Lot1 i I I 0' 60' 100',.,... I ~0 I q~, ~"II! ~~~I I, (3.0573Acres) ~!!I AOR Managemen~ LTD. ~ (o!! Doc II o (Y) o.r.c.c:r. ~ :b 1 o q f;:l, N I Remainder or Lot 2 1 (/) Block 1 Neeley Subdivision Vol. 5, Pg. 235 I M.P.R.C.C.T. 1 POB Nat Hut Wang and Lal Jla Wang, I (N ' 00" E ') Fence N 13,798, lhusbsnd and wife and Wanda Wang, N 64 18' 01" E ' ( e z. 247 ' 85 a.z 4 D!TI7:ts~rB4t (\Jtt:=::i===~-~-~...;...;...;.;;,~;.-...;...-*"~:...;..--' ~ ~~ O.R.C.C.T. ~' ~~'" j:::"" LO r;::; q oq- Portion of Lot2, Block t oq- (.J <c..- Neeley SubdMslon...- '<I' 00 It') I Acres (58,283 Sq. Ft.) I :=: :-Tt Southwoa_l!rn oeu E!!!ement $ $: ~~ ~~P~~i:~~ 5 I~ ; loll Walnut Mobile Home Community Vol. 9, Pg. 274 M.P.R.C.C.T. ~ ~ ~~ (CaiiBd 1.319Acreal oo - RaymondA.Schumacher 0..- o 0.,.. N aatruatae of the ~ oo ~ C, ~~ Raymond A. Schumacher (Y) :;:> 0 (Y) ~ DadaraHon of liust 10 0 DatBd 10/9/ N Asphalt N 1.0 Doo# B N ~ E:. N O.R.c.c:r. Cone<ete Pad S64 21'01"W _' FIR_~~ ~-- (S64014'08"W ') Legend FIR Found 112"!non Rod...!... SanltarySewer SSCOCieanout n CableTV CTVP PBdestal rm.o Telephone Pedestal -~ Fence ( ) Record lnformauon 0 Tree O.R.C.C.T. Offtclal Recorda of Cornel County, Texas O.P.R.G.G;r. Offtclal Public Recorda of Cornel County, Texas M.P.R.C.C.T. Map and Plat Reoorda Cornel County, Texas I 0 10 Asphalt Lot4 Block1 Executive Park Unit Three Vol. 11, Pg. 17 M.P.R.G.C.T. Raymond A. Schumacher as trustee of the Raymond A. Schumacher Declaration of Trust Dated 10/9/86 Ooc# O.R.C.G.T. ~ PORTION OF LOT 2, BLOCK 1!i NEELEY SUBDIVISION ~ VOL 5, PG 235 M.P.R.C.C.T. ~ City of New Braunfels, County of Comal, TX ~ DATE: 04/08/2010 AVO: SE01 HALFFe '~====~====~~~==~~==~====~~

15 ~ GE40F4 Notes: There is a separate legal description of the surveyed property prepared by Halff Associates, Inc. Titled Portion of Lot 2, Block 1, Plat of Neeley Subdivision, Volume 5, Page 235 M.P.R.C.C.T, AVO No The recorded easements, setbacks and encumbrances shown hereon are from schedule 8 of the Commitment for Title Insurance issued by Stewart Title Guaranty Company, GF No NBT, effective date October 20, 2009, issue date November 02, The Surveyor has relied upon the accuracy and completeness of the information described above and has made no independent investigation or search for this Information. The above referenced Title Commitment lists the following restrictive covenants, mineral or other rights, or other encumbrances in connection with the property surveyed that have not been plotted or otherwise shown hereon: Schedule B f. 1 0' utility easement and aerial easement 5' on each side of all easements and streets and extending vertically as required as shown and recited on plat recorded under Volume 5, Page 235, Map and Plat Records, Comal County, Texas. As Shown g. Electric and/or water and/or Sewer Line Right~Of~Way to New Braunfels Utilities dated October 1, 1963 and recorded under Volume 135, Page 396, Deed Records, Comal County, Texas. Not part of subject parcel. h. Subject property lies within the Edwards Water District as evidence by Tax Certificate. Non Survey Item. Surveyor does not identify any geological or environmental conditions and Surveyor fully disclaims any and all responsibility related to issues or claims related thereto or resulting there from. As graphically plotted, the parcels described hereon does appear to lie within the 1 00-year flood plain as delineated on the City of New Braunfels, Texas Flood Insurance Rate Map, Panel Number , dated May 15, 1991, as published by the Federal Emergency Management Agency. The surveyor utilized the above referenced flood map for this determination and the surveyor does not certify that revised flood plain information has or has not been published by the Federal Emergency Management Agency or some other source. PORTION OF LOT 2, BLOCK 1 NEELEY SUBDIVISION VOL 5, PG 235 M.P.R.C.C.T. City of New Braunfels, County of Comal, TX DATE: 04/08/2010 AVO: SE01 HALFF. ~~======================================~

16 ~-,Cityof ~-.New Braunfels City Council Agenda Item Report October 11, 2010 Agenda Item No. 4-Q Presenter/Contact- Deborah Korinchock, Support Services Director (830) dkorinchock@nbtexas.org SUBJECT: Discuss and consider authorizing the City Manager to enter into an agreement with the Carnal County Senior Citizen's Foundation, Inc. to administer the Energy Efficiency Conservation Weatherization Block Grant program BACKGROUND/RATIONALE: The City received a federal grant for three different energy efficiency programs, one of which provides funding for weatherization of homes for qualifying individuals. This program will make improvements to homes to make them more "air-tight" and, therefore, more energy efficient. The actual improvements will be made by contractors. The Comal County Senior Citizen's Foundation already has an active weatherization program; they currently have individuals on a waiting list because they do not have sufficient funding to meet all the identified needs. Staff recommends contracting with this foundation to manage the City's grant funding since the programs are the same and the foundation already has an established process and program to complete weatherizations. The foundation will not charge the City for administration of the program. All City grant funds designated for actual weatherization improvements will directly benefit the citizens whose houses are improved. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY". N/A X Yes City Plan/Council Priority: Strategic Priorities: Work with existing entities to ensure sustainable quality development FISCAL IMPACT: There is no cost to the City for the Comal County Senior Citizen's Foundation to administer this program. The $297,380 in grant funding allocated for weatherization improvements will go entirely to program costs for weatherizing qualifying homes in the community. BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Authorize the City Manager to enter into an agreement with the Comal County Senior Citizen's Foundation, Inc. to administer the Energy Efficiency Conservation Weatherization Block Grant program Page 1 ofl

17 f',cityof ~._.New Braunfels City Council Agenda Item Report October 11, Agenda Item No.~ Presenter/Contact -Jim Klein, City Engineer (830) @nbtexas.org SuBJECT: Discuss and consider authorization for the City Manager to utilize the existing contracts with HMT Engineering and Surveying, Inc., Pawelek and Moy, Inc., River City Engineering and The Schultz Group, Inc for preliminary engineering analysis not to exceed $300,000 on potential drainage projects as presented in the Council workshop on October 4, 2010 and the appropriate budgetary transfer BACKGROUND/RATIONALE: On September 13, 2010, City Council renewed contracts with HMT Engineering and Surveying, Inc., Pawelek and Moy, Inc., River City Engineering and The Schultz Group, lnc.. for engineering projects. These contracts are for the design of City roads, streets and drainage issues. The firms are engaged on a project by project basis as services are needed. These current contracts are effective through September 30, 2011 with three one-year options for renewal. At their workshop on October 4, 2010, City Council directed staff to use these four consulting firms to assist in developing preliminary designs, cost estimates and cost/benefit analyses of the potential drainage projects presented by staff. This action will authorize the City Manager to use these contracts for the services needed on the identified projects. The FY Adopted Budget did not include funding specifically for this purpose. The estimated cost is $300,000. Therefore, a budget transfer is needed to fully fund these services. ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY: X N/A Yes I C ty PI /C. 1 p. 'ty I Infrastructure-Implement ongoing program of 1 an ounc1 non :. fi m rastructure construction an d mamtenance FISCAL IMPACT: The estimated cost of these design services is $300,000. The FY Adopted Budget has $140,000 remaining in the Drainage Improvements project in the 2007 Certificates of Obligation Capital Improvement Fund. An additional $160,000 is required to fully fund these services. The following budget transfer is recommended to provide this funding Certificates of Obligation Capita/Improvement Fund From: Orion Road Improvements- Design $(1 00,000) Gruene Road to Post Road - Design $(32,000) Railroad Quiet Zones - Construction $(28,000) To: Drainage Improvements $160,000 Page 1 of2

18 BOARD/COMMISSION RECOMMENDATION: N/A STAFF RECOMMENDATION: Approval of authorization for the City Manager to utilize the existing contracts with HMT Engineering and Surveying, Inc., Pawelek and May, Inc., River City Engineering and The Schultz Group, Inc for preliminary engineering design not to exceed $300,000 on potential drainage projects as presented in Council workshop on October 4, 2010 and the appropriate budgetary transfer. Page 2 of2