AGENDA FOR THE KERRVILLE CITY COUNCIL MEETING  TUESDAY, DECEMBER 13, 2022, 6:00 P.M. CITY HALL COUNCIL CHAMBERS 701 MAIN STREET, KERRVILLE, TEXAS  The Community Vision  Kerrville will be a vibrant, welcoming and inclusive community that: Respects and protects the natural environment that surrounds it; Seeks to attract economic growth and development; Provides opportunities for prosperity, personal enrichment and intellectual growth for people of all ages; and Does SO while preserving the small-town charm, heritage, arts and  culture of the community.  Kerrville2050    KERB  CITY COUNCIL MEETING AGENDA DECEMBER 13, 2022, 6:00PM CITY HALL COUNCIL CHAMBERS 701 MAIN STREET, KERRVILLE, TEXAS Citizen Participation Guidelines  CITY OUR KEREVILLE  Council Meeting Procedures, City Council and City Staff Safety Measures, and  COVID-19 (Coronavirus), provides a unique concern in that gathering members of the public, City Council, and City staff within a physical setting constitutes a public health risk. Taking this into account, standard safety protocols will be observed by City Council, City staff, and citizens/visitors attending the meeting. Masks are voluntary and highly Citizens may view and hear City Council meetings on Spectrum Channel 2 or by live-streaming via the City's website wwkemvllekgow. City Council meetings are recorded and the recordings are posted on the City's website. Citizens wishing, to speak during a meeting shall submit a completed "speaker request form" to the City Secretary before the item is introduced, but are encouraged to submit the form before the meetings begin. Each speaker is  encouraged. Visitor seating will be designated.  limited to four minutes.  Thank you for your participation!  CALL TO ORDER: By Mayor. Judy Eychner  INVOCATION AND PLEDGE OF ALLEGIANCE: Led by Mayor Eychner  1 ANNOUNCEMENTS OF COMMUNITY INTEREST: Announcement of items of community interest, including expressions of thanks, congratulations, or condolences; information regarding holiday schedules; honorary recognitions of city officials, employees, or other citizens; reminders about upcoming events sponsored by the city or other entity that is scheduled to be attended by city officials or employees; and announcements involving imminent threats to the public health and safety of the  city. No action will be taken. 2 PRESENTATIONS: Blue Santa program.  2.A Kerrville Kindness award recognizing the Citizen Police Academy Alumni and Volunteers, and the  2.B Proclamation recognizing the Christmas in Kerrville" poem author.  2.C Texas American Planning Association Award tot the City in recognition oft the City's implementation of 3 VISITORS/CITIZENS FORUM: Any citizen with business not scheduled on the agenda may speak to the City Council. Prior to speaking, each speaker must fill out the speaker request form and give it to the City Secretary. The speaker request form must be submitted to the City Secretary before the item is called or read into record. City Council may not discuss or take any action on an item but may place 4 CONSENT AGENDA: These items are considered routine and can be approved in one motion unless a Councimember asks for separate consideration of an item. It is recommended that the City Council approve the following items which will grant the Mayor or City Manager the authority to take 4.A Resolution No. 80-2022. A Resolution ordering that a General Election be held on May 6, 2023, for the election of two Councilmembers for Place 1 and Place 2; providing details relating to the holding of such election; authorizing the Mayor to enter into an agreement with the Kerr County Elections Officer  its Kerrville 2050 Comprehensive Plan.  the issue on ai future agenda. Each speaker is limited to four minutes.  all actions necessary fore each approval:  for the holding of the election; and providing other matters related tot the subject. Attachment: 20221213_Reso 80-2022 General Election 5-06-23.pdf Attachments: 20221213_Reso 81-2022 Intent Certified Dark Sky Community.pdf  KERRVILLE4.B ResolutionNo. MAU2ARealmesasirg the City'si intentt tol become certified as al Dark Sky Community.  20221213_Letter. of Support HCA Reso 81-2022.pdf    4.C Grant Funding Purchase of VirTra Training Simulator and Equipment. 20221213_Service Agreement VirTra Training 120822.pdf 4.D Approval of Zoning Board of Adjustment Rules of Procedure. Attachments: 20221213_ZBA Rules of Procedure.pdf purchasing contract, for the amount of $60,486 per year.  Attachments: 20221213_VirTra V100 US Service Plan and Warranty Provisions.pdf  KERRVILLE4.E Contract with Recon Infosec for Managed Detection and Response (MDR) services through the TIPS KERRVILLE - 4.F Construction Agreement with Alsay Incorporated for the Water Well No 9 (H Street) Improvement  Attachments: 20221213.Contract Recon Info Sec cybersecurity system 112922.pdf  Project in an amount of $294,000. 20221213_Bid Summary H Street Well.pdf  Attachments: 20221213_Letter Recommendation H Street Well.pdf  KERRVILLE < 4.G Amendment to Lease Agreement for 715) Water Street with Kerrville's Fourth on the River (Arcadia Live).  Attachment: 20221213_Contract Office Lease Fourth on the River Inc.pdf Attachment: 20221213_Minutes CC meeting 11-08-22 6pm.pdf  4.H City Council meeting minutes, November 08, 2022. 5 PUBLIC HEARINGS AND RESOLUTIONS:  END OF CONSENT AGENDA.  KERRVILLE 5.A Resolution No. 82-2022. A Resolution granting a Conditional Use Permit to authorize an Independent  Living Facility for Seniors on property generally located adjacent to Memorial Boulevard (SH27) and between its intersection with Meeker Road and Laurel Street; comprising an approximate 0.53 acres and more commonly known as 2916 Memorial Boulevard; said property is located within a Light Commercial Zoning District (C-2); and making said permit subject to certain conditions and restrictions. 5.B Resolution No. 83-2022. A Resolution granting a Conditional Use Permit to authorize a Short Term Rental on the property consisting ofl Lot H, Block 5, Pueblo Hills Addition; and more commonly known as 1916 Leslie; said property is located within al Medium Density Residential Zoning District (R-2); and  Attachment: 20221213_Reso 82-2022 CUP2 2916 Memorial Boulevard.pdf  making said permit subject to conditions and restrictions. Attachments: 20221213_Reso 83-2022 CUP 1916 Leslie.pdf  20221213_Letters opposed- Anderson Bierschwale Schwethelm 1916 Leslie. pdf  5.C Resolution No. 84-2022. A Resolution granting a Conditional Use Permit for a Short Term Rental on the property consisting of Lot F, Block 5, Pueblo Hills Addition; and more commonly known as 1924 Leslie; said property is located within a Medium Density Residential Zoning District (R-2); and making 20221213_Letters opposedAnderson Bierschwale Fields Hines Ivy Schwethelm 1924 Leslie. pdf 5.D Resolution No. 85-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of Lot 14, Block 2, Galleria Estates Addition; and more commonly known as 811 Lloyd; said property is located within a Single-Family Residential Zoning  said permit subject to conditions and restrictions. Attachment: 20221213_Reso 84-2022 CUP1924 Leslie.pdf  District (R-1); and making said permit subject to conditions and restrictions. Attachments: 20221213_Reso 85-2022 CUP 811 Lloyd.pdf 20221213_Letter. in favor- Schwartzkopf- 811 Lloyd.pdf  5.E Resolution No. 86-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting ofl Lots 4, 5,&6, Block 8 Hillcrest Addition; and more commonly known as 1001 Prescott; said property is located within a Single-Family Residential Zoning District (R-  1); and making said permit subject to conditions and restrictions. Attachments: 20221213_Reso 86-2022 CUP 1001 Prescott. .pdf    5.F Resolution No. 87-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of Lot 3, Block 1, Jenkins Addition; and more commonly known as 3410 Riverside; said property is located within a Single-Family Residential Zoning District (R-1);  and making said permit subject to conditions and restrictions. Attachments: 20221213_Reso 87-2022 CUP3410 Riverside.pdf 20221213 Letter in favor- Andrus - 3410 Riverside.pdf 20221213_Letter opposed Arredondo - 3410 Riverside.pdf 6 PUBLIC HEARING AND ORDINANCES, FIRST READING:  6.A Ordinance No. 2023-01. An Ordinance annexing a track of land into the corporate limits of the City of Kerrville, Texas; such property making up approximately 4.45 acres and generally located adjacent to and South of Kerrville Schreiner Park; more commonly known as 2511 State Highway 173 (Bandera Highway); such property more specifically described in this ordinance and being located within the Extraterritorial Jurisdiction of and adjacent to the City Limits; adopting a Service Agreement; establishing the Zoning for the annexed property as a Mixed Use (MU) Zoning District; and providing  other matters relating to this subject. 20221213_Petition annexation.pdf  Attachments: 20221213_Ord: 2023-01 2511 State Hwy 173 Zoning.pdf  6.B Ordinance No. 2023-02. An Ordinance amending Chapter 60 of the Code of Ordinances, City of Kerrville, Texas; by changing the Zoning of an approximate 0.63 acre property known as 226 and 228 W. Main; from a Planned Development Zoning District (PDD) to al Light Commercial Zoning District(C-  2); and providing other matters relating to the subject.  Attachment: 20221213_Ord. 2023-02 Zone Change 226 and 228 WI Main.pdf  7 ORDINANCES, SECOND READING:  7.A Ordinance No. 2022-32, second reading. An Ordinance annexing a tract of land into the corporate limits oft the City of Kerrville, Texas; such property making up approximately 11.93 acres and generally located south of the intersection of State Highway 27 and Colvin Ranch Rd.; more commonly known as 5269 State Highway 27; such property more specifically described in this Ordinance and being located within the extraterritorial jurisdiction of and adjacent to the City Limits; adopting a service agreement; establishing the zoning for the annexed property as an Industrial and Manufacturing (IM) Attachments: 20221213_Ord: 2022-32. Annex: Zone 5269 State Hwy 27 second reading.pdf  Zoning District; and providing other matters relating to this subject. 20221213.ngram_suDdvsion MAMerMNdmLFRA2RT  7.B Ordinance No. 2022-30, second reading. An Ordinance creating a new Chapter 80 "Short-Term Rental Units"; requiring permitting for Short-Term! Rental Units; containing a cumulative clause; containing asavings and severability clause; providing for penalties not to exceed $2,000.00; ordering publication; providing an effective date; and providing an effective date; and providing other matters related to the subject. Attachment: 20221213_Ord. 2022-30 Creating new chapter 80 STR.pdf  7.C Ordinance No. 2022-33, second reading. An Ordinance amending Chapter 102' "Tr raffic and Vehicles," Section 102-1 Definitions" of the Code of Ordinances of the City of Kerrville, Texas by revising the definitions of "Excessive or Unusual Noise" and Noisemakers" in their entirety; containing a savings and severability clause; providing an effective date; ordering publication; and providing other matters Attachment: 20221213_Ord, 2022-33 Excessive or Unusual Noise -vehicles second reading. pdf  relating to this subject.  K 8 CONSIDERATION AND POSSIBLE ACTION:  KERRVLLE8.A Construction Agreement with D&D Contractors, Inc. for the Westminster Street Reconstruction project  in the amount of $1,846,158.40.  Attachments: 20221213 Bid summary revised Westminsterpd 0221213.estminster BID Recommendaton.pdr  8.B Authorization to negotiate a Design-Build contract for the Heart of the Hills Heritage Center.    K  KERRVILLE 0s0) 8.C Project funding agreement between the City of Kerrville, Texas, Economic Improvement Corporation  and the City of Kerrville, Texas; for the development and construction of an extension to the City's River Trail from the Tranquility Island bridge to the scenic downtown overlook (pavilion). Attachment: 20221213 EIC Funding Agreement River Trail ext map estimate.pdf  -  KERRVILLE 8.D Funding application to the City of Kerrville, Texas, Economic Improvement Corporation, for the  creation of a concept feasibility study for extensions of the Kerrville River Trail around Nimitz Lake in  the amount of $182,800.  Attachment: 20221213_River Trail West Concept Proposal.pdf  8.E Resolution No. 88-2022. A Resolution amending The City of Kerrville Fee Schedule by adopting fees to be charged for each initial application and renewal application for Short-Term Rental Units. Attachment: 20221213_Reso 88-2022 Amending COK Fee Schedule STR.pdf 9.A Fiscal Year 2022 -Year End Financial Report, and FY2023 Financial Report 10-31-2022.  9 INFORMATION & DISCUSSION: 10 BOARD APPOINTMENTS:  Attachment: 0221213.Plesentalion financial.pdf 10.A Appointment to the Food Service Advisory Board. 10.B Appointment(s) tot the Library Advisory Board. 10.C Appointment(s) to the Parks & Recreation Advisory Board. 10.D Appointment(s) to the Recovery Community Coalition.  10.E Appointment(s) to the Planning & Zoning Commission. (Item eligible for Executive Session 551.074). 11 EXECUTIVE SESSION: City Council may, as permitted by law, adjourn into executive session ata any time to discuss any matter listed above ifthey meet the qualifications in Sections 551.071 (consultation with attorney), 551.072 (deliberation regarding real property), 551.073 (deliberation regarding gifts), 551.074 personneloficers), 551.076 (deliberation regarding security devices), and 551.087 (deliberation regarding economic development negotiations) of Chapter 551 of the Texas Government Code. City Council also reserves the right to meet in executive session on the following issue(s):  11.A Appointment(s) to the Planning & Zoning Commission. (551.074) 12 ACTION ON ITEMS DISCUSSED IN EXECUTIVE SESSION, IF ANY.  13 ITEMS FOR FUTURE AGENDAS: City Council may suggest items or topics for future agendas.  ADJOURN.    KERR EXAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Kerrville Kindness award recognizing the Citizen Police Academy Alumni and AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 16, 2022  Volunteers, and the Blue Santa program.  SUBMITTED BY: Mayor Judy Eychner, Police Chief Chris McCall  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item  N/A N/A  SUMMARY STATEMENT:  The City of Kerrville recognizes the actions of an individual or entity performing acts of  kindness in the City. Present award.  RECOMMENDED ACTION:    KERRI TEXAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Proclamation recognizing the Christmas in Kerrville" poem author. AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 16, 2022  SUBMITTED BY: Mayor Judy Eychner  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item  N/A N/A  SUMMARY STATEMENT:  The City of Kerrville gathered poems from citizens. Citizens then voted on their favorite poem capturing the meaning of a "Christmas in Kerrville". Citizens recognized this author's creative writing which described all the beauty, warmth, and charm of our wonderful City.  RECOMMENDED ACTION:  Present proclamation.    KEIRE TEXAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Texas American Planning Association Award to the City in recognition of the AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 21, 2022  City's implementation of its Kerrville 2050 Comprehensive Plan.  SUBMITTED BY: Drew Paxton, Planning Director  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item  N/A N/A  SUMMARY STATEMENT:  The Texas Planning Awards Program recognizes outstanding efforts in planning achievements and planning leadership in Texas. These awards represent the state's highest planning honors. The Awards Selection Committee evaluated nominees based on originality and innovation, engagement, implementation and effectiveness, quality, and promotion of "These awards recognize the great planning efforts taking place in Texas," said Heather Nick, AICP, President of APA-Texas. "The recipients and their projects demonstrate some of the best practices of community planning and will serve as examples for other communities Recognizing an effort that demonstrates a significant achievement for an area-a single community or a region-in accomplishing positive changes as a result of planning.  planning.  across the state and nation." Implementation  Kerrville 2050 Implementation Plan Gold  RECOMMENDED ACTION:  Present recognition.    KERR TEXASA  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Resolution No. 80-2022. A Resolution ordering that a General Election be held on May 6, 2023, for the election of two Councilmembers for Place 1 and Place 2; providing details relating to the holding of such election; authorizing the Mayor to enter into an agreement with the Kerr County Elections Officer for the holding of the election; and AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 17, 2022  providing other matters related to the subject.  SUBMITTED BY: Shelley McElhannon, City Secretary  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item  N/A N/A  SUMMARY STATEMENT:  A Resolution to order a General Election to be held Saturday, May 6, 2023; electing the The period for filing an application for place on the ballot is January 17, 2023 through EARLY VOTING: located at the Cailloux City Center, 910 Main Street, Kerrville. ELECTION DAY: located at the Cailloux City Center, 910 Main Street, Kerrville.  Councilmember Place 1 and Councimember Place 2. The City Secretary recommends the following:  February 17, 2023.  Monday, April 24, 2023 through Friday, April 28, 2023 N Monday, May 01, 2023 and Tuesday, May 02, 2023 S Saturday, May 6, 2023 7:00 a.m. to 7:00 p.m.  EARLY VOTING CLERK: Bob Reeves, Kerr County Tax Assessor/Collector is appointed Early Voting Clark; and applications for ballot by mail be addressed to Bob Reeves, Attn Early Voting Clerk, Kerr County Courthouse, 700 Main Street. Applications for ballot by mail ELECTION JUDGE AND OFFICERS: for the polling place and the Early Voting Ballot Board  must be received no later than April 19, 2023 at 4:30 p.m.    shall be appointed in accordance with the provisions of the joint election agreement for the NOTE: This item is historically place don Consent, as this item is an annual routine item.  conducting of the election on the aforesaid election date with Kerr County. OFFICIAL CANVASS of the election be held Tuesday, May 16, 2023.  RECOMMENDED ACTION:  Approve Resolution No. 80-2022, and authorize the Mayor to enter into an agreement with  the Kerr County Elections Officer.  ATTACHMENTS:  20221213_Reso 80-2022 General Election 5-06-23.pdf    CITY OF KERRVILLE, TEXAS RESOLUTION NO. 80-2022  ARESOLUTION ORDERING THATAC GENERALELECTION BE: HELD ON MAY 6, 2023, FOR THE ELECTION OF TWO COUNCIEMEMBERS FOR PLACE 1 AND PLACE 2; PROVIDING DETAILS RELATING TO THE HOLDING OF SUCH ELECTION; AUTHORIZING: THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE KERR COUNTY ELECTIONS OFFICER FOR THE. HOLDING OFTHE! ELECTION; ;AND PROVIDING OTHER MATTERS RELATED TO THE SUBJECT WHEREAS, Section 2.03 oft the City Charter establishes a two-year term ofoffice fore each Councimember, which includes the Mayor, and until a successor is elected; and WHEREAS, the terms of office for Councilmembers Place One and Place Two WHEREAS, Section 41.001 of the Texas Election Code, as amended (the "Code") specifies that Saturday, May 6, 2023, will serve as the general election date for the State ofTexas and that a general election of a city may be held on such date; and  will expire in May 2023; and  WHEREAS, the City Council ofthe City ofKerrville, Texas ("City Council") finds it to be in the public interest to call a general election to be held on May 6, 2023: for the election ofpersons to the offices of Councilmember Place One and Councilmember Place  Two (the Election"); and  WHEREAS, City Council is ordering the Election for the City ofKerrville, Texas, not later than 78 days before the election day pursuant to Section 3.005(c) of the Code;  and  WHEREAS, City Council, pursuant to the Code, will contract with the Kerr County Elections Officer, who is the tax assessor-collector (the "Elections Officer"), to  conduct all aspects of the Election; and  WHEREAS, the Council hereby finds and determines that the actions described NOW,THEREORL, BE: IT RESOLVED BY THE CITY COUNCILOFTHE SECTION ONE. The facts and matters contained in the preamble above are found to be true and correct and are incorporated herein and made a part hereof for all  above are in the best interests of the residents of the City; CITY OF KERRVILLE, KERR COUNTY, TEXAS:  purposes.  SECTION TWO. City Council orders that a general election be held for the City of Kerrville, Texas, on Saturday, May 6, 2023, for the purpose of electing the following    officials of the City:  Councilmember, Place One Councilmember, Place Two  SECTION THREE. City Council hereby approves the Joint Election Agreement between the City and Kerr County (the Agreement") and authorizes the Mayor to sign same, such Agreement as authorized by Section 31.092 of the Code. The Agreement is  attached hereto as. Exhibit. A.  SECTION FOUR. Qualified persons may file for a place on the ballot by filing an application in the Office of the City Secretary during regular business hours from 8:00 AM to 5:00 PM each weekday beginning Wednesday, January 18, 2023, and  continuing until 5:00 PM on Friday, February 17, 2023.  SECTION FIVE. The present boundaries of the City, constituting one election precinct, the polls shall be open for voting on Election Day, Saturday May 6, 2023,  from 7:00 AM until 7:00 PM at the following polling place:  POLLING PLACE 910 Main Street Kerrville, Texas 78028  Cailloux City Center for the Performing Arts (Municipal Auditorium)  SECTION SIX. All resident qualified electors of the City shall be permitted to vote at said election. This election shall be held and conducted in accordance with the Agreement, the Code, the Federal Voting Rights Act of 1965, as amended, the City Charter, and as may be required by law. All election materials and proceedings shall be printed in both English and Spanish. Kerr County will utilize its voting equipment  for this election.  SECTION SEVEN. The Elections Officer is hereby appointed as Early Voting Clerk and the City Secretary shall serve as the Deputy Early Voting Clerk. Applications forballotby, mail must be: received by mail no. later than the close ofbusiness on. Monday, April 17, 2023, at the following Mailing Address: Elections Officer, Attn: Early Voting  Clerk, 700 Main Street, Kerrville, Texas, 78028.  SECTION EIGHT. The Elections Officer shall appoint the Election Judge and officers for the polling place and the Early Voting Ballot Board in accordance with the provisions of the Code and the Agreement. The City authorizes the Elections Officer to make changes, substitutions; o1 additions as to any voting official in accordance with  the Code and the. Agreement.  SECTION NINE. Early voting by personal appearance shall be conducted by  Page 2 of8  Reso. 80-2022    Elections Officer in accordance with the Agreement. In accordance with the Code, the Elections Officer may appoint one 01 more deputy early voting clerks. Early voting shall be conducted at the Cailloux City Center for the Performing Arts (Municipal Auditorium), 910 Main Street, Kerrville, Texas, 78028, April 24, 2023 through May 2,  2023, and in accordance with the Code, as follows:  Monday, April 24, 2023, through Wednesday, April 26, 2023: 8:00  AM to 6:00 PM  Thursday, April 27, 2023: 8:00. AM to 5:00 PM Friday, April 28, 2023: 8:00 AM to 6:00 PM  Monday, May 1, 2023, and Tuesday, May 2, 2023: 8:00 AM to 6:00  PM  SECTION TEN. City Council will conduct the official canvass of the election at a special meeting on Tuesday, May 16, 2023, in the Council Chambers, City Hall, 701 Main Street, Kerrville, Texas, where official notice of this election shall comply with  state law, toinclude the Open Meetings Act.  SECTION ELEVEN. City Council hereby gives the City Secretary the authority to take any action(s) to ensure that the election is conducted in accordance with the Code and the Agreement. Should the City Secretary be required to take such action, she shall  provide written notice of the action to Council as soon as possible.  PASSED AND APPROVED ON this the  day of  A.D.,  2022.  Judy Eychner, Mayor  APPHOVDAS/OPORME TT  ATTEST:  Michael C. Hayes, City Attorney  Shelley McElhannon, City Secretary  03Re  Page 8 ofs  Reso. 80-2022    CIUDAD DE KERRVILLE, TEXAS RESOLUCION NUM. 80-2022  UNA RESOLUCION QUE ORDENA QUE SE CELEBRE UNA ELECCION GENERAL EL 6 DE MAYO DE 2023, PARA LA ELECCION DE DOS CONSEJEROS PARA EL LUGAR 1 Y EL LUGAR 2; CELEBRACION DE DICHA ELECCION; AUTORIZANDO AL ALCALDE A CELEBRAR UN ACUERDO CON EL OFICIAL DE ELECCIONES DEL CONDADO DE KERR PARA LA CELEBRACION DE LAS ELECCIONES; Y PROPORCIONANDO OTROS ASUNTOS POR CUANTO la Seccion 2.03 de los Estatutos de la Ciudad establece un mandato de dos afios para cada Concejal, que incluye al Alcalde, y hasta que se elija un  PROPORCIONAR  DETALLES  RELACIONADOS  CON LA  RELACIONADOS CONELTEMA  sucesor; y  POR CUANTO , los mandatos de los Concejales Lugar Uno y Lugar Dos POR CUANTO , la Secciôn 41.001 del Codigo Electoral de Texas, segun enmendado (el "Codigo") especifica que el sâbado 6 de mayo de 2023 sera la fecha de las elecciones generales para el Estado de Texas y que se pueden realizar las elecciones  venceran en mayo de 2023;  generales de una ciudad en tal fecha;y  POR CUANTO, el Concejo Municipal de la Ciudad de Kerrville, Texas ("Concejo Municipal") considera de interés publico convocar una eleccion general que se llevara a cabo el 6 de mayo de 2023 para la eleccion dej personas para los cargos de Concejal Place  Uno y Concejal Lugar Dos (la Elecciôn");  POR CUANTO , el Concejo Municipal ordena la Eleccion para la Ciudad de Kerrville, Texas, a mâs tardar 78 dias antes del dia de la eleccion de conformidad con la  Seccion 3.005(c) del Cédigo;  POR CUANTO, el Concejo Municipal, de conformidad con el Codigo, contratara al Oficial de Elecciones del Condado de Kerr, quien es el recaudador de impuestos (el "Oficial de Elecciones"), para llevar a cabo todos los aspectos de la Eleccion; anteriormente son en el mejor interés de los residentes de la Ciudad; DE KERRVILLE, CONDADO DE KERR, TEXAS, RESUELVE:  POR CUANTO, el Concejo encuentra y determina que las acciones descritas AHORA, POR LO TANTO, EL CONCEJO MUNICIPAL DE LA CIUDAD SECCION PRIMERA : Los hechos y asuntos contenidos en el preambulo anterior se consideran verdaderos; y correctos y se: incorporan al presente y forman parte    del mismo para todos los fines.  SECCION SEGUNDA.EL Concejo Municipal ordena que se celebren elecciones generales para la Ciudad de Kerrville, Texas, el sâbado 6 de mayo de 2023, con el fin de  elegir a los siguientes funcionarios de la Ciudad:  Concejal, Lugar Uno Concejal, lugar dos  SECCION TRES. El Concejo Municipal por la presente aprueba el Acuerdo de Eleccion Conjunta entre la Ciudad 3 el Condado de Kerr (el "Acuerdo") y autoriza al Alcalde a firmar el mismo, tal Acuerdo como lo autoriza la Secciôn 31.092 del Codigo. El  Acuerdo se adjunta al presente como Anexo A.  SECCION CUARTA. . Las personas calificadas pueden solicitar un lugar en la boleta presentando una solicitud en la Oficina del Secretario de la Ciudad durante el horario comercial habitual de 8:00 a. m. a 5:00 p. m. todos los dias de la semana a partir del miércoles 18 de enero de 2023; y hasta las 5:00j p. m. 00 horas del viernes 17 de: febrero  de 2023.  SECCION QUINTA. Dentro de los limites actuales de la Ciudad, constituyendo un precinto electoral, las urnas estaran abiertas para votar el dia de las elecciones, sabado 6 de mayo de 2023, de 7:00 a. m. a 7:00 p. m. en el siguiente lugar de votacion:  COLEGIO ELECTORAL 910 calle principal Kerrville, Texas 78028  Centro de Artes Escénicas del la Ciudad de Cailloux (Auditorio Municipal)  SECCION SEXTA. A todos los electores calificados residentes de la Ciudad se les permitira votar en dicha eleccion. Esta eleccion se llevara a cabo y se llevara a cabo de conformidad con el Acuerdo, el Codigo, la Ley Federal de Derechos Electorales de 1965 y sus enmiendas; los Estatutos de la Ciudad y segun lo exija la ley - Todos los materiales y procedimientos electorales se imprimiràn tanto en inglés como en espanol.  El condado de Kerr utilizara su equipo de votacion para esta eleccion.  SECCIÔN SÉPTIMA. Por la presente, se designa al Oficial de Elecciones como Secretario de Votacion Anticipada y el Secretario de la Ciudad actuarà como Secretario Adjunto de Votacion Anticipada. Las solicitudes de boletas por correo deben recibirse por correo a mas tardar al cierre de operaciones el lunes 17 de abril de 2023, en la siguiente direccion postal: Oficial de elecciones, Attn: Early Voting Clerk, 700 Main  Street, Kerrville, Texas, 78028.  SECCION OCTAVA : El Encargado de Elecciones designara al Juez de  Pagina 2de 8  Res. 80-2022    Elecciones ya los funcionarios del colegio electoral y de la Junta de Boletas de Votacion Anticipada de conformidad con las disposiciones del Codigo y el Acuerdo. La Ciudad autoriza al Oficial de Elecciones a hacer cambios, sustituciones 0 adiciones a cualquier  oficial de votaciôn de acuerdo con el Codigo y el Acuerdo.  SECCION NOVENA : El Oficial de Elecciones llevara a cabo la votacion anticipada en persona de conformidad con el Acuerdo De acuerdo con el Codigo, el Oficial de Elecciones puede nombrar uno o mâs secretarios adjuntos de votacion anticipada. La votacion anticipada se llevara a cabo en el Cailloux City Center for the Performing Arts (Auditorio Municipal), 910 Main Street, Kerrville, Texas, 78028, del 24 de abril de 2023 al 2 de mayo de 2023, y de conformidad con el Cédigo, de la siguiente  manera:  Dellunes 24 de abril de 2023 al miércoles 26 de abril de 2023 : de  8:00 a. m. a 6:001 P.M.  jueves, 27 de abril de 2023 : 8:00 a. m.a 5:00P.M. viernes, 28 de abril de 2023: : 8:00 a. m. a 6:00 p. m.  Lunes 1 de mayo de 2023 y martes 2 de mayo de 2023 : 8:00 a. m.  a6:00 p. m.  SECCIONDECIMA. El Concejo Municipal llevara a cabo el escrutinio oficial de la elecciôn en una reunion especial el martes 16 de mayo de 2023, en las Câmaras del Concejo, Ayuntamiento, 701 Main Street, Kerrville, Texas, donde el aviso oficial de esta eleccion debera cumplir con la ley estatal, para incluir la Ley de Reuniones Abiertas. SECCION DÉCIMA PRIMERA . Por la presente, el Concejo Municipal otorga al Secretario de. la Ciudad la autoridad para tomar cualquier accion para garantizar que la eleccion se lleve a cabo de acuerdo con el Codigo y el Acuerdo. Si se requiere que la Secretaria de la Ciudad tome tal accion, debera proporcionar una notificacion por escrito  de la accion al Concejo tan pronto como sea posible. PASOYAPROBO EN ESTE EL  dia de_  d.C., 2022.  Judy Eychner, alcaldesa  APROBADO EN CUANTO A LA FORMA: DOYFE:  Michael C. Hayes, abogado de la ciudad  Shelley McLlhannon, secretaria de la ciudad  Pagina Sde 8  Res. 80-2022    Election Contract = CITY OF KERRVILLE  THE; STATE OFTEXAS COUNTY OF KERR  JOINT ELECTION AGREEMENT CITY OF KERRVILLE AND KERR COUNTY  BETWEEN  THIS AGREEMENT is made and entered into by and between Bob Reeves, Tax Assessor/Collector (or designated employee), on behalf of Kerr County, Texas, and duly constituted and acting as County Elections Officer; and the City of Kerrville, hereinafter referred to as "CITY OF KERRVILLE"; and by authority of Section 31.092, Vernon's Texas Civil Statutes, Election Code for conducting and supervision of the election for the CITY OF Bob Reeves, Tax Assessor/Collector (or designated employee) shall order all supplies for the election and distribute those supplies to the election personnel. Election forms and all records ofthe clection shall be combined for use in this election on the Tally Equipment.  KERRVILLE in conjunction with the election.  THIS AGREEMENT is entered into in consideration of the mutual covenants and  agreement hereinafter set out. ITI IS AGREED AS FOLLOWS: I. DUTIES AND SERVICES OF KERR COUNTY  Bob Reeves, Tax Assessor/Collector (or designated employee), agrees to coordinate, supervise, and handle all aspects in administering the CITY OF KERRVILLE clection in accordance with the provisions ofthe Texas Election Code and as outlined in this Agreement. Said election is scheduled to occur on May 6, 2023, to include early election dates and times required by state law. Should the City reschedule the election pursuant to state law, order, or otherwise, this Agreement shall remain valid for the rescheduled date, to include early voting, unless terminated by Bob Reeves, Tax Assessor/Collector (or designated employee). Bob Reeves, Tax Asscssor/Collector (or designated employee), in connection with the holding and supervision of said election, shall assume the following responsibilities: a. Shall be responsible for notifying each election judge and alternate. judge ofh his or her appointment and for determining the number of clerks and other election workers authorized to work at each voting location. Arrange for the notification, including writ ofelection, and compensation of all presidingjudges and alternate. judges. b. Election judges shall be responsible for picking up election supplies and materials at the time and place determined by Bob Reeves, Tax Assessor/Collector (or designated employee). This responsibility will be set forth ini the election judges' letter notifying  thej judge ofhis/her appointment.  Procure, prepare, proof, and distribute ballots. d. Procure, prepare, and distribute election, judges' kits.  Page 1 of4 11/28/2022    Election Contract - CITY OF KERRVILLE  , Arrange for the use and compensation ofj polling locations.  Use Optical scanning Verity Scan (Version Number 2.02) and DAU Verity Touch w/Access (Version Number2.0.3) for counting ofballots as certified by the Secretary of State to comply with election laws (to include the Help America Vote Act or g. Assemble the list of registered voters to be used in conducting the election in h.3 Publish the legal notice of the date, time and place of the testing of the electronic Supervise the handling and disposition of clection returns, voted ballots, etc., and tabulate unofficial returns and assist inj preparing the tabulation for the official canvass. Bob Reeves, Tax Assessor/Collector (or designated employce), will prepare the unofficial tabulation report after all precincts have been counted, and will provide a copy of the report to the CITY OF KERRVILLE as soon as possible after all returns have been tabulated, but in no event later than 2:00 p.m. on the 10"h day following the election. CITY OF KERRVILLE will be responsible for the official canvass of its k. All early voting ballots (those cast by mail and those cast by personal appearance) will  "HAVA") for early voting and election day.  conformity with the election precincts established for the election.  tabulation equipment and conduct such testing.  General Election.  bej prepared for counting by an Barly Voting Ballot Board. Handle all aspects of Barly Voting including those voting by mail.  m. Prepare the results of the election for CITY OF KERRVILLE to conduct its own n. Provide at no cost for the storage ofa all election records as provided by law 0. Ast the general custodiano ofelection records, shall conduct a criminal background check for relevant election officials, staff, and temporary workers upon hiring. p. Will ensure that Hart Intercivic certifies that a criminal background check on all employees, including temporary employees that may program, test, perform maintenance, transport equipment, or perform technical support on the voting system equipment for KERR COUNTY has been performed. The Company has determined there are no findings that would prevent the employees from performing theirassigned  canvass oft the election as prescribed by law.  duties.  II. DUTIES AND SERVICES OF CITY OF KERRVILLE  CITY OF KERRVILLE in connection with the holding and supervision of said election shall assume the following responsibilities and shall directly bear any cost for the same:  Page 2 of4 11/28/2022    Election Contract-CITY OF KERRVILLE  a, Shall receive from their candidates all documents filed under Title 15 of the Texas Election Code relating to campaign contributions and expenditures. b. Preparation of election orders, resolutions, notices, and other pertinent documents for adoption or execution by the appropriate office or body and post or publish in the C. Prepare and send out "Notice of Drawing" for a place on the Ballot to all eligible d. Election Officers with a list provided by Bob Reeves, Tax Assessor/Collector (or designated employee), shall be appointed and approved through the governing body of the CITY OFI KERRVILLE. The Election Officers are as follows: Election Day. Judge, Election Day Alternate Judge, Central Counting Station Manager, Tabulation e. Shall appoint and approve through the governing body ofthe CITY OF KERRVILLE - Polling Location shall be appointed and approved through the governing body of the Deliver to Bob Reeves, Tax Assessor/Collector or designated employee, as soon as possible, a list showing the official wording for the election titles that is to be printed on the ballot with the exact form, orders, wording, and spelling that is to be used. h. Pay any additional costs incurred by] Bob Reeves, Tax Assessor/Collector: or designated employee, if a recount for the election is required, or the election is contested in any Shall issue "Certificates of] Election" to candidates elected after the Official Canvass. - CITY OF KERRVILLE will be responsible for the official canvass ofits election.  required time frame. candidates.  Supervisor, Presiding Judge, and Early Voting Ballot Board Judge.  appoint Bob Reeves as the Early Voting Clerk.  CITY OF KERRVILLE.  manner.  III. PAYMENT FOR SERVICES  a. CITY OF KERRVILLE shall pay to Kerr County the actual expenses directly attributable to the Contract including ten percent (10%) ofthe budget cost for Election Service Contract Fee pursuant to the Texas Election Code, Section 31.100 and the administrative fee of$50.00 per election. (See attached Estimated Cost Sheet.) b. After the date of election and completion of all duties required, the Tax Assessor/Collector (or designated employee), shall then compute the final statement for all expenses including ten percent (10%) of the budget cost for Election Service Contract Fee, the $50.00 Administration Fee, and mail payment for the election services to CITY OF KERRVILLE. CITY OF KERRVILLE shall be responsible for paying this amount within thirty (30) days firom the Final Cost Report.  Page 3 of4 11/28/2022    Election Contract - CITY OF KERRVILLE  . If Election is cancelled a $75.00 administration fee is due from the CITY OF IN WITNESS WHERE OF, the parties hereto have made and entered into this  KERRVILLE. agreement this  day of  Bob Reeves, Tax Assessor/Collector Or) Designated Employee Kerr County, Texas  Judy Eychner, Mayor CITY OF KERRVILLE  Page 4 of4 11/28/2022    KERR EXAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Resolution No. 81-2022. A Resolution establishing the City's intent to become AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 25, 2022  certified as a Dark Sky Community.  SUBMITTED BY: Drew Paxton, Planning Director  EXHIBITS: Expenditure Required: $0  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: $0  $0  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? Yes Key Priority Area Guiding Principle N/A Action Item  P-F Parks / Open Space / River Corridor  P4.8 - Evaluate the desirability of a Night Sky ordinance  SUMMARY STATEMENT:  In the Kerrville 2050 Plan, the protection of the night skies was a frequent topic of discussion. Action item P4.8 is to evaluate the desirability of a Night Sky Ordinance. In 2019, the Code Review Committee (CRC) began to discuss the need for a dark sky, or night sky, ordinance. However, at that time they moved their focus to the update to the subdivision code and tabled the dark sky ordinance. In 2022, the CRC has worked through a draft ordinance to recommend to City Council. City Council has presented multiple proclamations Pursuant to Local Government Code 3000.002(C)3/B), this resolution of support, is the first steps in applying for International Dark Sky Association's designation as a Dark Sky Community. Adoption of this resolution will allow Council to also adopt an ordinance to  celebrating October and Night Sky Month.  regulate outdoor lighting to protect our night sky.  RECOMMENDED ACTION:  Approve Resolution No. 81-2022.  ATTACHMENTS:  20221213_Reso 81-2022 Intent Certified Dark Sky Community.pdf 20221213_Letter of Suport HCA Reso 81-2022.pdf    CITY OF KERRVILLE, TEXAS RESOLUTION NO. 81-2022  A. RESOLUTION ESTABLISHING THE CITY'S INTENT TO BECOME CERTIFIED AS A DARK SKY COMMUNITY  WHEREAS, Kerrville recognizes the importance of its location in the Texas Hill Country and the resulting rich cultural heritage and breathtaking scenic beauty,  including visible starry night skies; and  WHEREAS, Schreiner University has built and maintains its Loftis Observatory and offers star parties to the public, where participants are able to view planets, nebulae, stars, galaxies, and other celestial objects in the Hill Country sky  in a domed observatory containing a 16-inch telescope; and  WHEREAS, light trespass from lighting fixtures has been steadily on the rise, negatively impacting the natural environment and the quality oflife of the people in the City by, among other things, reducing night sky visibility and enjoyment for  citizens and visitors alike; and  WHEREAS, a number of Hill Country cities, such as Fredericksburg, Junction, Blanco, Johnson City, Llano, Mason, and Dripping Springs, have adopted outdoor lighting ordinances to preserve the night skies around their cities, and  WHEREAS, the City's Comprehensive Plan (Kerruille 2050) recognizes the significance of night skies with respect to the City's parks and open spaces and  downtown area; and  WHEREAS, the City remains a significant destination for tourism, which is important to many community members, and preserving the starry night skies in and around the community will enhance the City's attraction and appeal as a destination  for tourism; and  WHEREAS, City Council is committed to supporting practices that limit 01 minimize light trespass from night lighting fixtures in order to protect the beauty of the night skies and allow for the full benefit and use of our residents' property; and  WHEREAS, by the adoption of this Resolution, City Council is expressing its NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF SECTION ONE. City Council, in accordance with Section 3000.002 of the Texas Government Code ("Section 3000.002"), establishes its intent to become certified as a Dark Sky Community by thel International Dark Sky Association as part  intent to become certified as a Dark Sky Community;  THE CITY OF KERRVILLE, KERR COUNTY, TEXAS:  oft the International Dark Sky Places Program.    SECTION T'WO. Pursuant to its action taken in Section One, City Council directs the City Manager to submit an outdoor lighting ordinance to the City Council for Coundil'sconsideration and possible adoption. The ordinance, pursuant to Section 3000.002, shall not regulate outdoor lighting in a manner that is more restrictive than the prohibitions O1 limitations required to become certified as a Dark Sky  community. 2022.  PASSED AND APPROVED ON this the  day of  A.D.,  Judy Eychner, Mayor  APPROVEDASPOPORME MCK  ATTEST:  Michael C. Hayes, City Attorney  Shelley McElhannon,  City Secretary  TNANDIVEIN  Page 2 of2  Reso. No. 81-2022    education conservation cooperation November 30, 2022 Kerrville City Council 701 Main Street Kerrville, TX 78028  hill country alliance  Dear Mayor Eychner and Members of the Kerrville City Council:  lamwriting to express the strong support oft the Hill Country Alliance (HCA)f for adopting an outdoor lighting ordinance to mitigate light pollution in and around the City of Kerrville. HCAstands ready to assist in any helpful way as the city considers adopting this ordinance and, upon adoption, continuing to inform the community about the significance of the ordinance and of night sky The Hill Country Alliance has been working for 18 years to grow an ever-expanding network of groups, individuals, communities, and businesses interested in preserving the water supply, open spaces, night skies, and community resources of the Texas Hill Country. We have always appreciated Kerrville's thoughtful consideration ofhow this region can accommodate growth while protecting the natural and cultural resources that define this unique part of Texas. Night-sky friendly lighting policies, including a reduction in correlated color temperature, proper fixture shielding, and direction of illumination only where needed, protect our views of the night sky, saves energy, and reduce glare. Recent studies show significant benefits to the health of humans, animals, plants, and insects when light pollution is diminished or eliminated altogether. These changes will help keep Kerrville a place folks want to live and visit, even as the community Finally, we want to thank the Kerrville City Council, City of Kerrville staff, and the dedicated volunteers of Kerr County Friends of the Night Sky for their leadership in pursuing this outdoor Please let us know how we can be of any further assistance in the future. On behalf of our executive director, Katherine Romans, and the entire Hill Country Alliance board and staff, we are grateful for and commend Kerrville for its dedication to night sky preservation, as  preservation generally for residents and visitors alike.  grows.  lighting ordinance. It has been an honor to support your vision and efforts.  demonstrated through the pursuit of this Outdoor Lighting Ordinance.  Sincerely, Oasm-.ms Dawn Davies  Night Sky Program Manager, Hill Country Alliance  POE Box 161676, Austin, TX78716 11 1322HWY2901 WS Suite D, Dripping Springs, TX78620 I 612.894.2214 I mtoghleountpylamseong    KERRI TEXAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Grant Funding Purchase of VirTra Training Simulator and Equipment. AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 8, 2022  SUBMITTED BY: Chris McCall, Police Chief  EXHIBITS: Expenditure Required: $79,953.00  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: $0  $0 Budgeted = This 85-8513-5320 will be 100% grant- funded.  PAYMENT TO BE MADE TO: VirTra Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item  N/A N/A  SUMMARY STATEMENT:  A grant from the Department of Justice, Office of Community Oriented Policing Services (COPS) in the amount of $116,258 was awarded to the Kerrville Police Department for use in de-escalation training. As part of this project, a VirTra training simulator system was identified to assist with training officers in de-escalation skills and tactics to assist as we continue to strive to expand our service abilities for our community. In addition to this equipment, KPD has certified instructors internal to our organization that have been trained as de-escalation instructors. This equipment will be utilized in association with the training provided by our specialized de-escalation instructors to better prepare our officers to interact with those who may create high stress and high-risk situations in our community.  RECOMMENDED ACTION:  Approve purchase of the VirTra Training Simulator and associated equipment utilizing  awarded BJA Grant funding. ATTACHMENTS:  20221213_Virlra V100 US Service Plan and Warranty Provisions.pdf 20221213_Service Agreement VirTra Training 120822.pdf    VirTra  ANNUAL SERVICE PLANS  FOR PRODUCT: V-100  PLANCOSTS  VirTra's Annual Service Plani is calculated at 10% of thet total system investment. This includes all accessories and  options; not to include installation, training and S&H charges.  PLANINCLUDES  1.  Dedicated' VirTra" Technicians available during Plan' Year to support proper: system function. Annual services performed  remotelyf from Tempe, AZ while under contract ands service plan renewal date.  Upgrade VirTra Operating System (VOS) Provide new VirTra Training Scenarios' Update V-VICTA Materials Verify condition of V-100 Laptop Perform Computer Diagnostics Verify Condition of Simulator Screen(s) Upgrade tol Most Current Base Library System Calibration Assistance/Re-Training Use of VirTra's Advance Replacement Program.4 between 8AM and 9AM1 the following day.  Refill Station & Regulator Maintenance Repair/Recondition Recoil Kits as needed Provide Zeroing Assistance/Re-training Threat-Fire" Devices Maintenance OC & TASER Device Maintenance Function Test Speakers and Sound FX Provide System Status Report Provide User Training Assistance  Features  2. 3. 4. 5. 6. 7.  Parts and Labor int the event of a non-functioning system or accessory.  Telephone Support between the hours of 8AM and! 5PM AZ Time, After Hours Support calls returned  Travel expenses Ifa VirTra technician must travel to customer location. Two-day Shipping on all replacement or repaired partss  Remote Assistances  1) VirTra Operating Software Version will be automatically upgraded to the most current and applicable release annually. System Hardware must be supportive of the new release and have enough hard drive space available on the system. 2) Customer's under a valid Annual Service Plan will receive the most current base library once per service year. Not all training scenarios may be compatible depending on the Vos version installed on VirTra system. 3) TASER X26 blue handle units found to be defective under an Annual support plan will be replaced with laser sim cartridges and customer will be required to supply working TASER handle(s). 4) Limited Quantities and VirTra 020181 by VirTral Inc. AII Rights Reserved. VirTra, the VirTral logo are either registered trademarks or trademarks ofVirTrai in thel United  not available for all components. 5) Where Available. 6) Customer must allow access.  States and/or other countries. VirTra Annual Service Plans: Ver1.0-092518    LIMITATION & EXCLUSIONS  The following terms and conditions govern the sale of this service contract between VirTra Inc. ("VirTra") and the original purchaser oft the product ("Customer") in the continental United States. By purchasing, Customer agrees to be! bound by and accepts these terms and conditions identifying how' VirTra will support the VirTra Inc.(s) ("Equipment"). This agreement may not be canceled and Customer will not receive a refund of any amount paid hereunder. This) warranty will be effective for a span of one (1) calendar year from the date of installation and acceptance of Equipment by Customer. Customer may purchase an additional warranty to extend beyond thet first year coverage period. Additional warranties are available in calendar years based upon the original date ofi installation. Warranty is only valid for equipment installed 1.0 VirTra Obligations. VirTra's basic obligation shall be to ensure Equipment remains free from defects in materials and workmanship. VirTra will provide a Service Manager available with telephone support that can be contacted (for hardware or software issues). VirTra also must continue to develop the software in support of the Equipment, to include fixes and updates, improvements in operation, and new features - provided free of charge during the extended warranty period. Ifissues cannot be corrected by e-mail, teleconferences, or by shipping equipment back to' VirTra/Customer, then  within the 48 continental United States.  VirTra will: send a qualified technical support representative to the location for on-site service.  2.0 Customer Obligations. The Customer has responsibility for exercising reasonable care in operating, handling and maintaining the Equipment. Customer acknowledges and agrees that' VirTra may subcontract performance of certain services hereunder to third parties selected by VirTra. VirTra may, ati its sole discretion, leave: spare parts for Equipment with Customer. Customer must maintain consumable items such as projector bulbs, CO2 tanks, and batteries. Equipment operation, handling, and maintenance procedures are covered by documentation which will be provided with the equipment. Equipment failure or damage which is attributable to the Customer's, orathird-party's; rough treatment, abuse, misuse, neglect, additions, adjustment, or modification is the responsibility of the Customer. The Customer is expected to work promptly with VirTra's service technician to resolve equipment problems. Customer is also responsible for notifying VirTra once replacement parts are received. Customer certifies they will maintain all Equipment and parts ina a safe, secure andi in an environmentally, controlled area. This area must include, but not limited to, controllable HVAC, and must protect against electrical surges and black or brown outs. VirTra strongly recommends the purchase and use of 3.0 Replacement Products and Parts. VirTra, at its sole discretion, may replace the failed Equipment or any part thereof, with a product of comparable or greater specified functionality which may be ofa a different model or manufacturer, Replacement products and parts become Customer's property; returned Equipment becomes property of VirTra. VirTral has 4.0 Excluded Services. The following services are specifically excluded from this contract, and any excluded services performed by VirTra may be subject to additional charges. (a) Repair of damage to the Equipment resulting from accident; improper packaging by Customer; Customer negligence; misuse; unauthorized repairs; failure of electrical power, air conditioning, humidity control, vandalism, fire, water damage or other casualty resulting from causes beyond the control of VirTra. (b) Installation of 3rd. party: software in violation of operating procedures. (c) Repair or replacement of equipment 5.0 Limitation of Liability. (a) Coverage under this contract does not insure uninterrupted operation of the Customer's Equipment. VirTra's maximum liability under this contract willl be limited to replacing the failed Equipment under dispute with comparable equipment. (b) No Consequential Damages. VirTra SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, USE, OR DATAI FORCONSEQUENTIAL INCIDENTAL OR OTHER INDIRECT DAMAGES, UNDER ANY LEGAL THEORY, EVEN IF VirTra  uninterrupted power supplies (UPS) and high-quality surge protectors for equipment.  no obligation to return replaced products or parts to the Customer.  without prior consent of VirTra.    HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. (c) Disclaimer of Warranties. THE SERVICES PROVIDED HEREUNDER: ARE PROVIDED "ASI IS" AND ARE WITHOUT A WARRANTY OF ANY KIND. VirTra DISCLAIMS ALL IMPLIED  WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  6.0Termination for Cause. VirTra shall have the right to terminate this contract immediately upon written notice int the event that Customer violates any provision of this contract, including (without limitation) failure to make payment and ifs such violation remains un-remedied for more than thirty (30) days after Customer receives notice of the violation from VirTra; ori in the event that Customer: (1) terminates or suspends its business; (i) becomes subject to any bankruptcy or insolvency proceeding under federal or state law; (i) becomes insolvent; (iv) makes a general assignment for the benefit ofi its creditors; 7.0 Concurrent Remedies; Attorneys' Fees. The rights and remedies set forth in this contract may be exercised concurrently ors separately by' VirTra without waiver of any of the rights or remedies otherwise existing at law ori in equity. In the event of Customer's default, VirTra shall have the right to collect alle expenses of collection and recovery, including reasonable 8.0 Obligation to Pay. Customer's obligation to pay all charges which shall have accrued during the term oft this contract 9.0 Assignment. This contract may be assigned by' VirTra to any other party without notice to Customer; provided, however, that any assignee shall be responsible to Customer as set forth in this contract and' VirTra shall promptly notify Customer of any such assignment. In such an event, reference to "VirTra" ini this contract shall be deemed to be a reference to the assignee and such provision shall apply to any subsequent assignment by any assignee. This contract may not be assigned by  or (v) becomes subject to direct control by at trustee, receiver or similar authority.  attorneys' fees.  shall survive any termination of this contract.  Customer,  10.0 Governing Law. This contract shall be construed in accordance with Arizona law as if entered into between two  parties residing in Arizona and wholly performed within Arizona.  11.0 Notices. Any notice given under this contract (except for routine requests for service) shall bei in writing and: shall be deemed effective, upon delivery, to the address specified on1 the contract, or such other address as the parties may provide 12.0 Severability; Waiver. In the event that any one or more oft the provisions contained in this contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, this contract shall be enforced to the maximum extent possible. No waiver of any provision of this contract by either party shall be deemed to be an ongoing waiver of such provision by such 13.0 Force Majeure. VirTra shall not be liable for failure to service the Equipment when such failure is due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of civil and military authority, strikes, flood, epidemics, war, riots, delays int transportation and inability due to causes beyond its reasonable control to obtain necessary labor or materials 14.0 Entire Agreement. This contract constitutes the entire agreement between the parties with respect to the subject matter hereof, and shall be binding on the parties and their respective successors and assigns and: shall supersede any additional or conflicting terms of any other document. This contract may not be modified or amended unless agreed tol by  each other from time to time by written notice.  party.  or replacement products or components thereof.  both parties in writing. VIRTRA SERVICEAGREEMENT    VirTra  295E. Corporate PI, Chandler, AZ 85225 USA TOLLI FREE: 800.455.8746 PH: 480.968.1488 FAX: 480,968.1448 I WWW.IRTRACOM  Account Name Kerrville Police Department Contact Name Mary Krebs  Created Date Quote Number 00005637 Expiration Date 12/30/2022  11/29/2022  Phone Email  830-258-1301 may.kebx@kenwleggor  Ship To Name Kerrville Police Department  PreparedBy Email  Kyle Sadewhite Ksadewhie@itra.com,  ProdudtCode Product  Uneltem ProduDescrpllon Desciption  Sales Quantily TotalPrice Rrice  VirTra-Virtual Interactive Coursework and' Training Academy" certified simulator training curriculum. V-VICTATM is ap progressive science based approach to the use ofs simulation as a training system. Program materials includet teacher lesson plans, student OPEN outline, presentation material, pre-tests, post-tests, material in conjunction with the simulator for each available course. Virtual Instructor: scenarios teach, train, test and sustain methodology to ensure participants dynamically absorbi information! to facilitate longt term transfer of critical psycho-motor skills. Available exclusively to all VirTra simulation systems under a current Service or Subscription plan.  VirTra Virtual Interactive Training Academy"  V-VICTA-01 Coursework: and MARKET course evaluation and alli interactive videol learning  $0.00 1.00  $0.00  ITEM  TLR1  Weapon Includes projector, shott tracking equipment, low light Light Kit One year warranly and support services included.  V-100LE-1  VirTra 1001 LE (w/1 Mounted Kit, scenario authoring software, collapsible screen, $15,595.00 1.00 $15,595.00  year warranty) for Low laptop computer and al hard case for easy transport.  VirTra 100  VirTra Installation and Training for one (1) V-100 System. Includes allt travela and expenses int the  V-100-INSTL Installation/Training  $2,600.00 1.00 $2,600.00 $4,796.00 4.00 $19,184.00  CONUS.  OPEN Additional year annual service agreement toi include  SP-V100-A Service Plan- MARKET telephone support, remote assistance, labor, parts,  V-1008-Annual ITEM VirTra Tetherless-Glock 22 VirTra 22- Standard Magazine VirTra 22-Adapter Plate  emergency travel, software updates, and overnight Micro-switch activated tetherless handgun recoil kit for the Glock 22. Includes one magazine (All recoill kits convert real firearms which must be supplied by the Additional magazine for use with the VTRK-G22 recoil Adapter plate fort the VTRK-G22-MAG (Requires  shipping.  VTRK-G22  $3,155.00 2.00 $6,310.00  customer). kits.  VTRK-G22-MAG Tetherless-Glock  $551.00 4.00 $2,204.00 $300.00 1.00 $300.00  VWSA-G22-AP Tetherless-Glock  VirTra refill station).    VirTra  295E E. Corporate PI, Chandler, AZ 85225, USA TOLLF FREE: 800.455.8746 PH: 480,968.1488 FAX: 480,968.1448 I WWWMIRTRA.COM  Tetherless rifle recoill kit for AR15, M4 and M16 (does NOT count shols fired orj jam). Includes one magazine (All recoil kits convert realf firearms which must be supplied by the customer). Additional magazine for use with the TRK-M16 recoil  Tetherless-M16 Rifle Tetherless-M16  TRK-M16  $2,100.00 2.00 $4,200.00    Virlra  295 E. Corporate PI, Chandler, AZ 85225 USA TOLL FREE: 800.455.8746 PH: 480.968.1488 FAX: 480.968.1448 WWWMIRTRA.COM  TRK-M16-MAG Rifle-Magazine VWSA-M16-AP VATU-TMAR  kits (Also fits AR15 and M4). refills station).  $600.00 2.00 $1,200.00 $300.00 1.00 $300.00 $5,000.00 1.00 $5,000.00  Telherless-M16 Rifle-Adapter Plate Trainee! Monitor and Recording TASERO7 Simulation Cartridge Package A  Adapter plate for the" TRK-M16-MAG (Requires VirTra Trainee monitor and recording. Real-time monitoring, recording, and playback during debriefing sessions of trainees. Includes software and hardware that integrates into the VirTral line ofs simulators. TASER 70 simulation cartridge package A: Simulates two (2) close quarter (12 deg.) probe spreads for TASER 7 deployments in) VirTra simulations. Operates in live, customer supplied TASER 7 and TASER7 CQ devices. Includes one USB charging Laser- based OC training device. VirTra's patented V-Threat-Fire"W) retur-fire-simulator device. Allaches viai integrated belt clip to delivera a safe and adjustable electrical impulse tot trainee. Enhances realism ands simulates physical threats during' VirTra" Training. No eye protection required. Requires wireless station, included. Requires VOS 5.0.36 or higher toi integrate. Table- top refill station for all refillable magazines. Includes automatic push! button activation and one CO2 tank which must ship emply. Advanced Trainer Certification Course (ATCC): 40-hour high demand course on how toi incorporate video simulation intoy yourt training program properly and successfully. Includes 321 hours of" The Science of Simulation' Training", and' "Traint the Operator OPEN Certification". The Science of Simulation is a critical overview and application oft the recent science into adult learning specifically as it: applies to simulation. Adult learning concepts int this course apply to all modes of! learning bothi inside and outside the simulator. Training occurs at VirTra Global HQi in Tempe, AZ. Travel and expenses noti included.  V-T7-12/12  $2,942.00 2.00 $5,884,00 $1,200.00 2.00 $2,400.00  cable.  VNLW-OCC Oc Canister  V-TF  V-Threat-Fire  $3,286.00 2.00 $6,572.00  WWSA-RFS Refill Station  $4,004.00 1.00 $4,004.00  VirfraAdvanced Trainer Certification Course  V-ATCC-5  MARKET ITEM  $1,500.00 2.00 $3,000.00  Subtotal Discount Total Price S&H Grand" Total  $78,753.00 0.00% $78,753.00 $1,200.00 $79,953.00  GSA Contract Number: GS-02F-0214P  Sales Terms and Conditions for Direct Sales to End Users/Buyer Effective as of August 13, 2020 (supersedes all prior versions)  Definitions: The following capitalized words shall mean: "End Users/Buyer" means the organization or person who buys Seller's Goods and Services. "Goods and Services" means the articles, products, accessories and services to! be supplied to Buyer by Seller. Technology and Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how, software, firmware, hardware, systems, components, or assemblies. "Seller" means' VirTra, Inc., located These Sales Terms and Conditions for Direct Sales to End Users/Buyers ("T&C") apply to Buyer's purchase of all Goods and Services purchased directly from Seller. Goods and Services sold by Seller are expressly subject to and conditioned upon the T&C set forth herein. By accepting delivery of the Goods and Services, Buyer accepts and is  at 295 E. Corporate Place, Chandler, AZ 85225, USA.    VirTra  295 E.C Corporate PI, Chandler, AZ 85225 USA TOLLE FREE: 800,455.8746 PH: 480.968.1488 FAX: 480.968.1448 WWWMIRTRA.COM bound to these T&C. Any different or additional terms set forth by, whether in Buyer's purchase order or another communication, are expressly rejected andy will not be binding on Seller unless agreed to in writing by an authorized All Sales Final. All sales are final and no returns, refunds or exchanges of the Goods and Services are allowed, except as provided by state or federal law, and, to ther returns, refunds or exchanges are required byl law, must be preapproved by Seller Restocking Fees. In Seller's sole discretion, all returns, refunds or exchanges may be charged a restocking fee of up to 15% of the purchase price paid, plus any applicable shipping and sales tax, unless the returned product is defective, or the returnisa Payment Terms. Terms of payment are within Seller's sole discretion and, unless otherwise agreed to by Seller in writing, 50% deposit payment must be received prior to Seller's acceptance of an order witht the 50% balance due upons shipping. Payment for Goods and Services willl be made in United States currency (SUS Dollar)! by a preapproved payment method. Credit payment terms must be preapproved by Seller's Finance Department andi ifa approved, invoices are due and payable within thet time period noted oni invoices, measured from the date of thei invoice. Seller may ati its sole discretion invoice parts of an order separately. Seller may suspend or cancel Buyer's order for any failure to comply with agreed upon payment terms. Seller is not responsible for pricing, typographical, or other errors in any offer by Seller and reserves the right to cancel any orders resulting from such Late Payments. Interest andl late payment fees may be calculated from the day afler the payment's stated due date through the date payment isi receivedi int full, at the maximum legal allowable interest rate in effect on the applicable dates. Taxes. Sales tax, end user tax, pass-through tax, value-added tax (VAT), transaction privilege tax, consumplion tax, customs tax and/or duties are the sole responsibility of Buyer, and Buyer agrees to reimburse Seller for all applicable taxes that Seller is required to collect, regardless of the tax amount being excluded from Seller's quotes or Buyer's Purchase Orders. Tax Exemption. If Buyer requests tax exempt status then Buyer must provide Seller with a correct, valid and signed tax exemption certificate applicable to the specific Goods and Services purchased, relevant to the end use location, prior to Seller invoicing. Ifa an invalid tax exemption certificate is received or no taxe exemption certificate is received, itv willl be ther responsibility of Buyer to pay all required taxes. Additionally, itv willl be Buyer's responsibility to obtain any taxi refunds permitted ifs Seller has Shipping; Title; Risk of Loss, Shipping and! handling cost willl be added to all invoices unless otherwise expressly indicated and agreed toi iny writing at the time of sale. Seller reserves the right to make partial shipments unless specifically stated otherwise on Buyer's signed Pro Forma Invoice or purchase order ands such shipping terms are pre-approved by Seller in writing. Products may shipf from multiple locations following ther rules oft the International Commercial Terms (Incoterms) as published by the International Chamber of Commerce (ICC). Title and risk of loss passes from Seller to Buyer FOB Origin domestic or Free Carrier (FCA) international upon Seller's delivery to the named place of delivery, cleared for export, as mutually agreed by both buyer and seller. Once seller is deemed to have delivered goods tot the named place of delivery, thel buyer is responsible for both unloading the goods andl loading them onto their own carrier. Any loss or damage that occurs after seller's delivery is Buyer's responsibility. Buyer must promptly file claims for damaged items with thet freight carrier. Shipping dates are estimates only. Excusable Delays. Seller will use commercially reasonable efforts to deliver all products ordered as agreed or as soon as reasonably practicable. Int the event ofi interruption of any delivery due to causes beyond the reasonable control of Seller, including but not limited to force majeure, fire, labor disturbances, riots, accidents, or inability to obtain necessary materials or components, Seller has the right, ini its sole discretion and upon oral or written notice to Buyer, to delay or terminate the delivery. Not For Resale or Export. Buyer represents and warrants that they are buying Seller's products for the specified end user, and Buyer willi noti resale or export Seller's products to a country other than the country listed as the Buyer's shipping destination. The shipment of certain Seller products outside of the United States of America (USA) is restricted by US federal law and neither Seller's products nor the technology can be exported out of the US without Seller's prior written approval. In addition, certain Seller Products require a validated export/import license (DSP 5, 61, or7 73) prior to shipment to certain countries. If required, Buyer agrees to submit the required paperwork to Seller to process an application to obtain the required import/export! license(s) from the US State Department. Seller cannot guarantee US State Department approval and! has the right to cancel anyi item(s) Regulations and Restrictions. Buyer agree to comply with all applicable laws, codes andl license requirements, and controls of the United States and other applicable jurisdictions in connection with the use of Seller products including Buyer's acceptance of responsibility for the payment of any relevant taxes or duties. Buyer is responsible for understanding andy verifying all local laws, regulations, restrictions and building code requirements for the purchase, delivery, receipt, storage, installation and use of Seller's Goods and Services. Seller may suspend or cancel Buyer's order, at Seller's sole discretion, for violation of regulations and Technology and Intellectual Property Rights. Buyer agrees that Seller claims, and has claim to, various proprietary rights ofi its Goods and Services, and Buyer agrees to take reasonably necessary steps to ensure that Seller's rights will not directly or indirectly be violated, which would cause irreparable harm to Seller. Except for thel license to use the Goods and Services, the sale of Goods and Services will not confer upon Buyer any license, express or implied, under any patents, trademarks, trade names, or other proprietary rights owned or controlled by Seller, its subsidiaries, affiliates, or suppliers; it being specifically understood and agreed that all the rights are reserved to Seller, its subsidiaries, affiliates, or suppliers. Buyer may not obscure, remove, or alter any copyright, trademark, service mark or other proprietary notices or legends on the products.. Design Changes. Seller reserves ther rightt to make changes in design of any ofi its products without incurring any obligation to Reverse Engineering. Customer acknowledges and agrees thal the products are the confidential, valuable, and proprietary assets of VirTra and thati improper use or disclosure oft the products would cause VirTra irreparable harm. Accordingly, as a material element of this Agreement and as ani inducement for VirTra to enteri into this Agreement, Customer hereby agrees that  officer of Seller.  usingt their Return Merchandise Authorization (RMA) form.  direct result of Seller's error.  errors.  collected and remitted taxes to a taxing authority.  not approved for import/export by the US State Department.  restrictions.  notify Buyer or to make the same change to products previously purchased by Buyer.    VirTra  295E. Corporate PI, Chandler, AZ 85225 USA TOLLF FREE: 800.455.8746 PH: 480.968.1488 FAX: 480.968.1448 WWWVIRTRA.COM Customer shall not: (a) create or attempt to create by reverse engineering, disassembly, decomplication, reverse engineering or otherwise, thei internal structure, the source code, hardware design, or organization of any Product, or any partt thereof, or to aid or to permit others to do so, except and only to the extent expressly permitted by applicable law; (b) copy, modify, or translate any portion oft the products, unless otherwise agreed, develop any derivative works thereof or include any portion oft the software in any other software program; (c): separate the Product into component parls for distribution or transfer to at third parly; and (e) attempt tor make or to aid or permit others to make similar products to the software or products with or without enhancements; Severable Provisions. If any provision of these T&C is found to be invalid or unenforceable by a court of competent jurisdiction, thent the remainder will remain int fullf force and effect and any invalid provision(s) willl be modified or partially enforced by the court Limitation of Liability. Seller shall not! be liable for any or alll loss or damage suffered by Buyer in excess of the contract price. Nothing contained in these T&C shall be construed so as to limit or exclude the liability as ar result of Seller's gross negligence or Relationship of Parties. Nothing contained in these T&C shall be construed as establishing or implying any partnership orj joint venture between the parties and nothing int these T&C shall be deemed to construe either of the parties as the agent of the other. Assignment and Sub-Contracting. The contract between Buyer and Seller for the Goods and Services shall not be assigned or transferred, nor the performance of any obligation sub-contracted, without the prior written consent of both Buyer and Seller. Entire Agreement. These T&C, along with the any product warranty, license and service agreement(s) provided, constitute the entire agreement between the parties. These Sales T&C supersede and replace any prior agreement or understanding between the parties, including any oral representations concerning the subject matter of this agreement. Any prior or extrinsic representations or agreements, with the exception of the product warranty, ifp provided and any service andl license agreement(s), Governing Law; Jurisdiction and Venue. Thel laws of the State of Texas, govern this transaction and agreement, without regard to conflicts of law. Anyl litigation regarding the interpretation or enforcement of these T&C shall be resolved in the State of Texas and the courts of Kerr County Texas shall have exclusive jurisdiction over such litigation and the parties agreet to such exclusive jurisdiction. The parties expressly reject any application oft the United Nations Convention on Contracts for the International Sale of Exclusions and Limitations; Release. To the extent permilted byl law, Seller's warranty and the remedies set forth in that warranty are exclusive andi in lieu of all other warranties, remedies, and conditions, whether oral or written, statutory, express or implied, as permitted by applicable law, Seller specifically disclaims any and all statutory or implied warranties, including without limitation, warranties of merchantability, design, fitness for aj particular purpose, arising from a course of dealing, usage or trade practice, warranties against hidden orl latent defects, and warranties against patent infringement. If Seller cannot lawfully disclaim statutory or implied warranties than to the extent permitted by law, all such warranties are limited to the duration of the express warranty described above and limited to the other provisions contained int the warranty document. The remedies provided for in the warranty are expressly in lieu of any other liability Seller may have. Seller's cumulative liability to any parly for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any Seller product will not exceed the purchase price paid to Seller by Buyer for the product, nolwithstanding third-parly purchases. In no event will Seller be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory, even if Seller has been advised of the possibility of those damages or ift those damages could have been reasonably foreseen, and notwithstanding: any failure of essential purpose of any exclusive remedy provided in the warranty. Some local laws do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to Buyer. Seller disclaims any representation thati it willl be able to repair any product under warranty or make a product exchange without risk to orl loss of programs or data. Buyer agrees to release and save Seller harmless from any and alll liability arising out of use or misuse of Seller product, including any claims for damages and personal injuries. Buyer agrees to assume all risks ofl loss and all liability for any damages and personal injury which may result from use or misuse of Seller product. Seller is not liable for any claims made bya Debarment: and Suspension. Supplier affirms that neither it nor its principals are suspended or debarred or otherwise excluded from procurement by the Federal Government and do nota appear int the System for Award Management (SAM) Exclusions, which Termination for Convenience. Either parly may at anyt time andf for any reason terminate this contract at the party's convenience upon providing written notice to the other party specifying the extent of termination and the effective date. Upon receipt of such notice, Seller shall, unless the notice directs otherwise, immediately discontinue service in connection with the performance of this Agreement, and Cily shall cease any payments for any goods and services not yet provided. Seller shall! be Termination Penalties. Ins such case as either parly is required to terminate the contract for cause, either party shall have any Non-Appropriation, The awarding or continuation of this contract is dependent upon the availability off funding. The City's payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated but the Cityy will pay Seller for all services rendered prior to Contract termination. The Cilys shall provide the Seller written notice oft the failure oft the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, ort the reduction of any Appropriation to an: amount insufficient to permit the City to payi its obligations under the Contract. Int the event of non ori inadequate appropriation of funds, there will be no penally nor removal fees charged to the City.  upgrades, or modifications.  tot the maximum extent permitted by lawt to effectuate the purpose of this agreement.  that gross negligence ofi its employees or agents.  are intended to be discharged or nullified.  Goods ("CISG") to these T&C and the associated transactions.  third parly or by Buyer for or on behalf of a third party. isal list maintained by the General Services Administration.  entitled to compensation for any work inj progress at thet time ofr notice. and all remedies available toi it under law or equity.    VirTra  295E. Corporate PI, Chandler, AZ 85225 USA TOLL FREE: 800.455.8746 PH: 480.968.1488 FAX: 480.968.1448 WWWVIRTRA.COM  The parties hereby agree to the terms and conditions above:  The City of Kerrville, Texas Signature:, Printed Name: Date:  Virtra, Inc. Signature:. Printed Name: Date:  APPROVIDASTOFORM Wilianiahn Willlam L. Tatsch, Assistant Clity Attomey    ANNUAL SERVICE PLANS  FOR PRODUCT: V-100  PLAN COSTS  VirTra's Annual Service Plan is calculated at 10% oft thet total system investment. This includes all accessories: and  options; not to include installation, training and S&H charges.  PLAN INCLUDES  1.  Dedicatedy VirTra' Technicians available during! Plan Year to: support proper system function. Annual services performed  remotely from Tempe, AZ while under contract and: service plan renewal date.  Upgrade VirTra Operating System (VOS) Provide new VirTra7 Training Scenarios? Update V-VICTA Materials Verify condition of V-100 Laptop Perform Computer Diagnostics Verify Condition of Simulator Screen(s) Upgrade to Most Current Base Library System Calibration Assistance/Re-Training  Refill Station & Regulator Maintenance Repalr/Recondition Recoil Kits as needed Provide Zeroing Assistance/Re-training Threat-Fire"" Devices Maintenance OC8 & TASER Device Maintenance Function Test Speakers and: Sound FX Provide System Status Report Provide User Training Assistance  Features'  2. 3. 4. 5. 6. 7.  Parts andl Labor int the eventofanon-tunetoning system or accessory.3  Use ofVirTra's Advance Replacement Program.4 between 8AM: and 9AM the following day.  Telephone Support between thel hours of 8AM and 5PM AZ Time. After Hours Support calls returned  Travel expenses ifa) VirTra technician must travel to customer location. Two-day Shipping on: all replacement or repaired partss  Remote Assistances  1) Virtra Operating Software Version will be automatically upgraded to the most current and applicable release annually. System Hardware must be supportive of the new release and have enough hard drive space avallable on the system. 2) Customer's under a valid Annual Service Plan will receive the most current base library once per service year. Not all training scenarlos may be compatible depending on the vos verslon Installed on VirTra system. 3) TASER X26 blue handle units found to be defective under an Annual support plan will be replaced with laser sim cartridges and customer will be required to supply working TASER handle(s). 4) Limited Quantities and  not avallable for all components. 5) Where Available. 6) Customer must allow access. VirTra Slates and/orc other countries. VirTraAnnual Servicel Plans: Ver1 1.0-092518  02018byVirral Inc. AllRights Reserved. VirTra,t the VirTral logo aree either MaddmaAseTSAN ofVirTrainthel United    LIMITATION & EXCLUSIONS  The following terms and conditions govern the sale oft this service contract between' VirTra Inc. ("VirTra") and the original purchaser of the product ("Customer") in the continental United States. By purchasing, Customer agrees to be bound by and accepts these terms and conditions identifying how' VirTra will support the VirTra Inc.(s) "Equipment"). This agreement may not be canceled and Customer will not receive a refund of any amount paid hereunder. This warranty will be effective for a span of one (1) calendar year from the date of installation and acceptance of Equipment by Customer. Customer may purchase an additional warranty to extend beyond the first year coverage period. Additional warranties are available in calendar years based upon the original date ofi installation. Warranty is only valid for equipment installed 1.0VirTra Obligations. VirTra's basic obligation shall be to ensure Equipment remains freei from defects in materials and workmanship. VirTra will provide a Service Manager available with telephone support that can be contacted (for hardware or software issues). VirTra also must continue to develop the software in support of the Equipment, to include fixes and updates, improvements in operation, and new features- provided free of charge during the extended warranty period. Ifissues cannot be corrected by e-mail, teleconferences, or by shipping equipment back to VirTra/Customer, then  within the 48 continental United States.  VirTra will send a qualified technical support representative to the location for on-site service.  2.0 Customer Obligations. The Customer has responsibility for exercising reasonable care in operating, handling and maintaining the Equipment. Customer acknowledges and agrees that' VirTra may: subcontract performance of certain services hereunder to third parties selected by' VirTra. VirTra may, at its sole discretion, leave spare parts for Equipment with Customer. Customer must maintain consumable items such as projector bulbs, CO2 tanks, and batteries. Equipment operation, handling, and maintenance procedures are covered by documentation which willl be provided with the equipment. Equipment failure or damage which is attributable to the Customer's, or a third-party's, rough treatment, abuse, misuse, neglect, additions, adjustment, or modification is the responsibility of the Customer. The Customer is expected to work promptly with' VirTra's: service technician to resolve equipment problems. Customer is also responsible forr notifying VirTra once replacement parts are received. Customer certifies they will maintain alll Equipment and parts ina a safe, secure and in an environmentally, controlled area. This area must include, but not limited to, controllable HVAC, and must protect against electrical surges and black or brown outs. VirTra strongly recommends the purchase and use of 3.0 Replacement Products and Parts. VirTra, at its sole discretion, may replace the failed Equipment or any part thereof, with a product of comparable or greater specified functionality which may be ofa different model or manufacturer. Replacement) products and parts become Customer's property; returned Equipment becomes propertyofVirTra. VirTra has 4.0 Excluded Services. The following services are specifically excluded from this contract, and any excluded services performed by' VirTra may be: subject to additional charges. (a) Repair of damage to the Equipment resulting from accident; improper packaging by Customer; Customer negligence; misuse; unauthorized repairs; failure of electrical power, air conditioning, humidity control, vandalism, fire, water damage or other casualty resulting from causes beyond the control of VirTra. (b) Installation of 3rd. party software in violation of operating procedures. (c) Repair or replacement of equipment 5.0 Limitation of Liability. (a) Coverage under this contract does not insure uninterrupted operation of the Customer's Equipment. VirTra's maximum liability under this contract will be limited to replacing the failed Equipment under dispute with comparable equipment. (b) No Consequential Damages. VirTra SHALL NOTI BE LIABLE FORANYI LOSSOFI PROFITS, USE, ORI DATA FORC CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES, UNDER ANYLEGALTHEORY, EVENI IFVirTra  uninterrupted power supplies (UPS) and high-quality surge protectors for equipment.  no obligation to return replaced products or parts to the Customer.  without prior consent ofVirTra.    HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. (c) Disclaimer of Warranties. THE: SERVICES PROVIDED HEREUNDER ARE PROVIDED "ASIS" AND ARE WITHOUT: AY WARRANTY OF ANY KIND. VirTra DISCLAIMS ALLI IMPLIED  WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR AI PARTICULAR! PURPOSE.  6.01 Termination for Cause. VirTra shall havet the right to terminate this contract immediately upony written notice in the event that Customer violates any provision oft this contract, including (without limitation) failure to make payment andi if such violation remains un-remedied for more than thirty (30) days after Customer receives notice oft the violation from' VirTra; ori in the event that Customer: (i) terminates or suspends its business; (i) becomes subject to any bankruptcy or insolvency proceeding under federal or state law; (ii) becomes insolvent; (iv) makes a general assignment for the benefit ofi its creditors; 7.0 Concurrent Remedies; Attorneys' Fees. The rights and remedies: set forth in this contract may be exercised concurrently or: separately by VirTra without waiver of any of the rights or remedies otherwise existing at law or in equity. In the event of Customer's default, to the extent permitted by Texas law, VirTra shall have the right to collect all expenses of collection and 8.0 Obligation to Pay. Customer's obligation toy pay; all charges whichs shall have accrued during the term of this contract 9.0 Assignment. This contract may be assigned by) VirTra to any other partyv without notice to Customer; provided, however, that any assignee shall be responsible to Customer as set forth in this contract and' VirTra shall promptly notify Customer of any such assignment. In: such an event, reference to "VirTra" int this contract shall be deemed tol be a reference to the assignee and: such provision: shall apply to any subsequent assignment by any assignee. This contract may not be assigned by  or (v) becomes subject to direct control bya a trustee, receiver or similar authority.  recovery, including reasonable attorneys' fees. shall survive any termination of this contract.  Customer.  10.0Governing Law. This contract shall be construed in accordance with Texas law as if entered into between two parties  residing in Texas and wholly performed within Texas.  11.0 Notices. Any notice given under this contract (except for routine requests for service) shall be in writing and shall be deemed effective, upon delivery, to the address specified on the contract, or such otheraddress as the parties may provide 12.0 Severability; Waiver. Int the event that any one or more oft the provisions contained in this contract shall for any reason be held to bei invalid, illegal or unenforceable in any respect, this contract shall be enforced to the maximum extent possible. No waiver ofa any provision of this contract by either party shall be deemed to be an ongoing waiver of such provision by such 13.0 Force Majeure. VirTra shall not be liable for failure to: service the Equipment when: suchi failure is due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of civil and military authority, strikes, flood, epidemics, war, riots, delays in transportation and inability duet to causes beyond its reasonable control to obtain necessary labor or materials 14.0 Entire. Agreement. This contract constitutes the entire agreement between the parties with respect to the subject matter hereof, and shall be binding on the parties and their respective successors: and assigns and shall supersede any additional or conflicting terms of any other document. This contract may not be modified or amended unless agreed to by  each other from time to time by written notice.  party.  orr replacement products or components thereof.  both parties in writing. VIRTRASERVICEAGREEMENT    KERRI IEXAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Approval of Zoning Board of Adjustment Rules of Procedure.  AGENDA DATE OF: December  13, DATE SUBMITTED: November 23, 2022  2022  SUBMITTED BY: Drew Paxton, Planning Director  EXHIBITS: Expenditure Required: $0  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: $0  $0  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item  N/A N/A  SUMMARY STATEMENT:  The Zoning Board of Adjustment adopted, with a unanimous vote on April 28th, Rules of Procedure for its meetings. This is done pursuant to Local Government Code, Chapter 211, Section 211.008(e) "The board by majority vote shall adopt rules in accordance with any ordinance adopted under this subchapter and with the approval of the governing body." In accordance with this section, staff is now seeking Council's approval of the rules.  RECOMMENDED ACTION:  Adopt the ZBA Rules. ATTACHMENTS:  20221213_ZBA Rules of Procedure.pdf    ZONING BOARD OF ADJUSTMENT RULES OF PROCEDURE  1. The City of Kerrville Zoning Board of Adjustment ("Board") shall hold meetings as needed, typically on Thursdays, beginning at 4:00 p.m. All 2. Per the City's Zoning Code, four members of the Board must be present for the consideration of a case specified in $$60-27,-28 of the code. 3. The Board shall elect a chair and vice-chair from among its regular members ati its first meeting of each new: year held after October 1. Each officer shall serve. a term of one year ending on September 30 after each election and may not serve more than two consecutive, one-year terms in such positions. The Board secretary shall be an employee of the City. It shall be the duty of the chair, or in the absence of the chair, the vice 4. Agenda items shall be considered in the order they appear on the agenda; however, agenda items may be considered out of order under special circumstances with the consent of a majority of the Board. 5. All motions shall be formed in the positive, ie., "Move to approve Case #####..." All motions for variances and appeals shall be considered approved with the concurring vote of three-fourths of the members of 6. No case shall be considered by the Board when the required and necessary documentation and support information has not been made available to City staff and the Board at least one week in advance of the 7. All regular Board members shall be required to attend each meeting. Alternates may attend when filling in for an absent member or at their discretion. Only regular or designated alternate members may vote on agenda items, but no more than 5 such members shall consider and vote on any item. All members shall be subject to the attendance requirements pursuant to the Procedural Rules for Kerruille City 8. In the event that a regular member is absent, the alternate member(s) present will fill the vacant seat of absent regular members. 9. These rules are intended to comply with the City's Charter, the Procedural Rules for Kerruille City Boards, and applicable state law.  Board meetings are open to the public.  chair, to preside at all meetings of the Board.  the Board ofa adjustment (i.e., 4 members).  meeting.  Boards.    KERR EXAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Contract with Recon Infosec for Managed Detection and Response (MDR) services through the TIPS purchasing contract, for the amount of $60,486 per year. AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 23, 2022  SUBMITTED BY: Charvy Tork  EXHIBITS: Expenditure Required: $60,486  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: $60,486  $60,486  01-0190-3130  PAYMENT TO BE MADE TO: Recon Infosec  Kerrville 2050 Item? Yes Key Priority Area Guiding Principle N/A Action Item  F-Public Facilities and Services  N/A  SUMMARY STATEMENT:  Cyberattacks are among the top risks facing local governments. Not only are. cyberattacks expensive, but they are also disruptive to services and critical functions. So long as municipalities are going to remain connected online to constituents and themselves; cybersecurity will always be a concern. The rapid expansion of digital technologies such as mobile apps, sensors, and the Internet of Things (loT) helps provide increased transparency and streamlined operations. However, the proliferation of such technology can also increase The City of Kerrville is committed to strengthening cybersecurity practices including conformance to the National Institute of Standards and Technology (NIST), network monitoring, managed risk, detection, and response. Cyberattacks happen 24 hours a day, seven days a week, and require constant monitoring to detect, respond, and recover (also known as Managed Detection and Response (MDR). Monitoring is done by both people and Hiring additional full-time staff would require having multiple staff members on a rotating schedule within a 24 hour period, every day monitoring logs and actions, learning about and mitigating the latest attack vectors. Not to mention providing the staff members with the  the City's vulnerabilities to cyberattacks.  artificial intelligence computers for speed and accuracy.    security tools needed for the job. Rather than hiring multiple full-time security experts on staff, the City is proposing to enter into an agreement with Recon Infosec to provide Managed Detection and Response services. These services will augment the IT Department's ability to better manage cyber risk by improving the process of detecting, analyzing, and responding to threats. Recon Infosec will provide 24/7/365 monitoring of our environment, real-time visibility in operations, better insight into threat intelligence, and improvements to the City's overall security posture without significantly increasing operating  expenses. Services include:  Developing proactive security initiatives traditional and cloud environments latest emerging threats  Strategic guidance on information security frameworks and priorities Detecting threats, triaging alerts and responding to incidents  Collecting, aggregating, and analyzing data from the City of Kerrville's existing Maintaining and expanding a custom threat signature library to keep pace with the  The City of Kerrville's IT team will continue to: Make important decisions about the City's security Manage controls, network, and devices Implement strategic initiatives  The agreement is for one year for a total of $60,486.00. Purchasing compliance has been followed by utilizing TIPS Contract 210101 (Technology Solutions, Products, and Services). TIPS is an acronym for The Interlocal Purchasing System. It is a national purchasing cooperative that offers access to competitively procured purchasing contracts to its Approval of this agreement will provide the City of Kerrville with a managed Security Operations Center (SOC) staffed with IT experts solely focused on the organization's  membership. security.  RECOMMENDED ACTION:  Authorize the City Manager to enter into a contract with Recon Infosec for Managed Detection and Response (MDR) services in the amount of $60,486 per year. 20221213_Contract Recon Info Sec cybersecurity system 112922.pdf  ATTACHMENTS:    This Texas Local Government Master Solution Agreement (the "Agreement") is a legal agreement entered into by and between Recon Infosec, Inc. ("Recon") and the local government agency identified on an order form ("Customer") and governs any executed order forms, quotes, or other ordering document ("Order Form") that reference this Agreement. This Agreement is effective on the date Customer executes the Order Form or submits a matching purchase order to Recon (the "Effective Date"). This Agreement permits Customer to purchase subscriptions to the Solutions (defined below) identified in the Order Form and sets forth the terms and conditions under which those Solutions will be delivered. The Agreement consists of the terms and conditions set forth below, any attachments or exhibits identified herein and any Order Forms that reference this Agreement. If there is a conflict between the terms below and the Order Form, the documents will control in the following order: the Order Form then this Agreement. BY EXECUTING AN ORDER FORM, DELIVERING A PURCHASE ORDER OR OTHER CONFIRMATION TO RECON OR THE AUTHORIZED PARTNER DOCUMENTING ACCEPTANCE OF AN ORDER FORM, CUSTOMER (OR ITS AUTHORIZED AGENT, IF APPLICABLE) EXPRESSLY AND EXPLICITLY ACKNOWLEDGES AND AGREES THATTHIS ISAE BINDING AGREEMENT AND CUSTOMER HEREBY: AGREESTOTHE TERMS OF THIS AGREEMENT. AN ORDER FORM IS CONSIDERED ACCEPTED WHEN COUNTERSIGNED BY RECON, WHETHER MANUALLY OR Inc consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby  ELECTRONICALLY.  acknowledged, the parties agree as follows:  1. Scope.  1.1. Solutions. Recon, togetherwith its affiliates, will provide the specific products and services ("Solutions"), as specified in the applicable Order Form. A Solution may consist of hardware equipment, which may be virtual or physical appliances "Equipment"), soflware, including any add-ons offering enhanced features and functionality made generally available to Recon customers from time-to-time (collectively, the "Software"), a cloud service offering, Software support (collectively, "Services"), and/or additional professional services as defined below ("Professional Services"). The Solutions are provided on a subscription basis for a set term designated on the Order Form (each, a "Subscription Term") for the one-time costs and subscription fees set forth therein (the "Fees"). Customer may access and use the Solutions, and any Documentation associated therewith, solely for its own internal business purposes and in accordance with the terms and conditions of this Agreement, such associated Documentation, any scope of use restrictions designated in the applicable Order Form. Documentation" means user manuals, training materials, product descriptions and specifications, and other printed information relating to the Solution, as in effect and generally available from Recon, but expressly excluding marketing and sales collateral  and materials.    1.2. Future Functionality. Customer agrees thati it hasi not relied on the availability of any future functionality of any other future product or service in executing this 2. Equipment. If the Order Form specifies that Customer will receive Equipment, then Customer is responsible for installing the Equipment at the location(s) specified by Recon and for the implementation of appropriate data protection practices related to the protection of any information included on such Equipment while the Equipment is located within Customer's environment. If Customer attempts to install or use the Equipment at a location other than specified by Recon, the Solutions may fail to function or may function improperly. In the event Customer relocates the Equipment, Customerwill promptly notify Recon sO that Equipment deployment information can be updated within Customer's account. If Customer does not return the Equipment to Recon, Customer will be liable to Recon for the replacement cost of the Equipment. If applicable, Recon will ship Equipment to Customer and will pay the freight costs associated with shipping the Equipment to Customer's designated locations, F.O.B. Destination, Inside Delivery. Customer is responsible for all additional costs and expenses associated with shipping the Equipment to its designated locations and for the return of the Equipment to Recon 3. Professional Services. Certain Recon Solutions may require Professional Services, such as onboarding, or may be stand-alone offerings, and any such Professional Services 4. Software and Services. Subject to and conditioned upon Customer's compliance with the terms of this Agreement, Recon grants to Customer a limited, non-transferable, non- sublicensable, non-exclusive license during the Subscription Term to install the object code form of the Software, but only in connection with Customer's use of the Solutions and otherwise in accordance with the Documentation and this Agreement. Customer acknowledges that any changes made by the Customer to the Customer's infrastructure or configuration of the Solutions after initial deployment which was not requested or directed by Recon may cause the Solutions to cease working or function improperly and that Recon willl have no responsibility for the impact of any such Customer changes. 5. Reservation of Rights and Ownership. Recon owns or has the right to license the Solutions and any associated Documentation ("Recon Technology"). Customer acknowledges and agrees that: (a) the Recon Technology is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws; (b) Recon retains all right, title and interest (including, without limitation, all patent, copyright, trade secret and other intellectual property rights) in and to the Recon Technology, excluding any rights, title, and interest in any Third Party Products (as defined in Section 12.3 below) which shall be retained by its third party licensor(s), any other deliverables, any and all related and underlying technology and any derivative works or modifications of any of the foregoing, including, without limitation, any Feedback (as defined below); (c) there are no implied licenses and any rights not expressly granted to Customer hereunder are reserved by Recon; (d) the Solution, excluding Professional Services, is licensed on a subscription basis, not sold, and Customer acquires no ownership or other interest (other than the license rights expressly  Agreement or any Order Form.  upon termination of the Subscription Term.  shall be specified on an applicable Order Form.    stated herein) in or to the Recon Technology; and (e) the Solution is offered as an on- line, hosted solution, and Customer has no right to obtain a copy of the Software. Feedback includes suggestions, comments or other feedback ("Feedback") provided to  Recon by Customer with respect to the Solutions. 6. Restrictions, Responsibilities, and Prohibited Use.  6.1. Restrictions. Customer agrees not to, directly or indirectly: () modify, translate, copy or create derivative works based on the Recon Technology; (i) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non- public APIs to the Solutions; except to the extent expressly permitted by applicable law (and then only upon advance notice to Recon); (i) interfere with or disrupt the integrity or performance of the Solutions or the data contained therein or block or disrupt any use ore enjoyment of the Solutions by any third party; (iv) attempt to gain unauthorized access to the Solution or their related systems or networks; or (v) remove or obscure any proprietary or other notice contained int the Recon Technology, If Recon, in its reasonable discretion, determines that Customer's use of or access to the Solutions imposes an actual or imminent threat to the security or stability of Recon's infrastructure or that Customer is abusing its use of the Solutions in contravention with the terms of this Agreement, Recon may, in addition to any other right herein, temporarily suspend Customer's access to the Solutions until such activity is rectified. If commercially practicable, Recon shall provide Customer with notice prior to any such suspension and shall work with Customer in good faith to reinstate the Solutions promptly.  6.2. Recon Responsibilities. Recon shall provide the Solutions in accordance with the terms of this Agreement. The Solutions provided under this Agreement shall include any updates, upgrades, bug fixes, version upgrades or any similar changes that are made generally available tol Recon's customers free of charge from time tot time during  the Subscription Term.  6.3. Customer Responsibilities. Customer must identify the administrative users for its account "Administrators". Each Administrator will receive an administrator ID and password and will need to register with Recon. Customer is responsible for notifying Recon about changes to Administrators, including but not limited to termination, change of authority, and the addition of Administrators. Customer acknowledges and agrees that Administrators will be able to view all Solutions Data and other traffic and activities that occur on Customer's network and that Customer is responsible for all activities that occur under Administrator accounts. Administrator IDs are granted toi individual, named persons and cannot be shared or used by more than one Administrator but may be reassigned  from time to time to new Administrators.  6.4. Prohibited Use. Customer represents and warrants that Customer is not a Prohibited Person nor owned or controlled by a Prohibited Person. "Prohibited Persons" shall mean a person or entity appearing on the lists published by the U.S. Department of Commerce, the U.S. Department of State, the U.S. Department of Treasury or any other list that may. be published by the U.S. Government, as amended from time to time, that is prohibited from acquiring ownership or control of items under this Agreement, or with which Recon is prohibited from doing business.    6.5. Export/Import Compliance. Customer agrees to comply with all export and import laws and regulations of the United States and other applicable jurisdictions. Without limiting the foregoing: (1) Customer represents and warrants that it is not listed on any U.S. government list of prohibited or restricted parties or located in (or a national of) ac country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, (i) Customerwill not (and will not permit any of its users to) access or use the Solutions in violation of any U.S. export embargo, prohibition or restriction, and (ii) Customer will not submit to Recon, directly or through the Solutions, any information that is controlled under the U.S. International 7. Fees, Payment, Taxes, and Audit. Pricing for the Solutions will be specified on an Order Form. All fees are payable in U.S. Dollars and are non-cancelable and non- refundable. Delinquent amounts shall bear interest as provided for in the Texas Prompt Payment Act (Tex. Gov't Code Ch. 2251). If Customer fails to make any payments due under this Agreement or an applicable Order Form, Recon shall notify Customer of such nonpayment. If a payment that is due remains unpaid for ten (10) days after Recon provides Customer with notice of such nonpayment, Recon may cease providing the Solutions without any liability to Recon. The amounts payable to Recon are exclusive of any sales, use, excise, value added, import, or other applicable taxes, tariffs or duties ("Taxes"). Customer is solely responsible for payment of all Taxes except for any taxes based solely on Recon's net income. If Customer is required to pay any Taxes, Customer shall pay such Taxes with no reduction or offset in the amounts payable to Recon hereunder and Customer will pay and bear such additional amount as shall be necessary such that Recon receives the full amount of the payment required as if no such reduction or offset were required. If Recon has the legal obligation to pay or collect Taxes for which Customer is responsible, Customer authorizes Recon to charge Customer for such amount. If Customer believes that Recon has billed Customer incorrectly, Customer must contact Recon no later than thirty (30) days after the closing date on the first billing statement in which the error or problem appeared in order to receive an adjustment or 8. Compliance with Laws. Each party represents and warrants that, during the term of this Agreement, it will comply with all foreign, federal, state and local statutes, laws, orders, rules, regulations and requirements, including those of any governmental (including any regulatory or quasi-regulatory), agency applicable to such party as it 9. Confidentiality. Either party (as a "Discloser") may disclose confidential and proprietary information, orally ori inv writing "Confidential Information") to the other party (as a "Recipient"). All such information shall be marked with a restrictive legend of the Discloser or, iforally or visually disclosed to Recipient by Discloser, or disclosed in writing without an appropriate letter, proprietary stamp or legend, information that would be apparent to a reasonable person that such information is of a confidential or proprietary nature shall constitute Confidential Information. Notwithstanding. the foregoing, contract terms relating to Solutions Data shall be set forth in Section 10. Notwithstanding, the marking requirements of this Section, Customer acknowledges that the following  Traffic in Arms Regulations.  credit. Inquiries should be directed to Recon's accounting department.  pertains toi its obligations herein.    constitutes Confidential Information of Recon: any pricing, trade secrets, know-how, inventions (whether or not patentable), techniques, ideas, or processes related to the Recon Technology; the design and architecture of the Recon Technology; the computer code, internal documentation, and design and functional specifications of the Recon Technology; and any intellectual property and know-how included in the problem reports, analysis, and performance information related to the Recon Technology. Each party agrees to hold the other party's Confidential Information in strict confidence, not to disclose such Confidential Information to third parties not authorized by the Discloser to receive such Confidential Information, and not to use such Confidential Information for any purpose except as expressly permitted hereunder. Each party agrees to take commercially reasonable steps to protect the other party's Confidential Information and to ensure that such Confidential Information is not disclosed, distributed or used in violation of the provisions of this Agreement. The Recipient may. disclose Confidential Information only: (a) with the Discloser's prior written consent; or (b) to those employees, officers, directors, agents, consultants, and advisors with a clear and well-defined "need to know" purpose who are informed of and bound by the obligations of this Agreement. Notwithstanding: the foregoing, the Recipient may disclose Confidential Information to the extent required by law; however, the Recipient will give, to the extent legally permissible and reasonably practical, the Discloser prompt notice to allow the Discloser: a reasonable opportunity to obtain a protective order and such Confidential Information disclosed to the extent required by law shall otherwise remain confidential and subject to the protections and obligations of this Agreement. To the extent legally required, Recon may report any violations of law pertaining to any Customer Confidential Information and/or Customer's use of the Solutions. The Discloser agrees that the foregoing obligations shall not apply with respect to any information that the Recipient can document is: () rightfully in its possession or known to it prior to receipt from the Discloser without an obligation of confidentiality; (ii) or has become public knowledge through no fault of the Reci pient; (ii) rightfully obtained by the Recipient from a third party without breach of any confidentiality obligation; or (iv) independently developed by employees of the Recipient who had no access to Discloser's Confidential Information. Upon expiration or termination of this Agreement for any reason, and except as otherwise provided in Section 16 below, each party shall promptly destroy all copies of the other party's Confidential Information and copies, notes or other derivative material relating to the Confidential Information. Recon expressly acknowledges that Customer is a public entity subject to Chapter 552 of the Texas Government Code and records retention obligations identified in the Texas  Administrative Code. 10. Solutions Data.  10.1. Solutions Data. "Solutions Data" means, depending on the Solution deployed, the operational system log data and any other information which Customer may elect to submit to Recon through the Solutions, including, but not limited to operational values, event logs, and network data such as flow, HTTPS, TLS, DNS metadata, cursory inventory data, operating systems and versions, users and groups from Active Directory, system level inventory, event data, and network vulnerability data. As between the parties, Customer shall retain all right, title and interest (including any and all intellectual property rights) in and to the Solutions Data (excluding any Recon Technology used with the Solutions Data). Customer hereby grants Recon, during the term of the Agreement,    a non-exclusive, worldwide, royalty-free right to collect, use, copy, store, transmit, modify and create derivative works oft the Solutions Data solely to the extent necessary to provide the Solutions to Customer. If Recon is compelled by law to disclose Solutions Data ori its summary reports related thereto, it shall provide prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Customer's cost, if Customer wishes to contest the disclosure. Customer hereby authorizes Recon to aggregate Solutions Data with other data sO that results are non personally identifiable with respect to Customer and collect anonymous technical logs and data regarding Customer's use of the Solutions CAgregate/Anonymous Data"). Notwithstanding anything to the contrary herein, such Agregate/Anonymous Data will be deemed Recon Technology, which Recon may use for any business purpose during or after the term of this Agreement, including without limitation to develop and improve the Solutions and to create and distribute reports and other materials. Customer understands, and hereby  consents, that Solutions Data may be accessed by Recon.  10.2. Personal Information. Confidential Information and Solution Data may include information that identifies, relates to, describes, is reasonably capable of being associated with or linked to a particular individual, whether directly or indirectly ("Personal Information'"). Customer is responsible for the lawfulness of any such Personal Information and the receipt, use, and processing of it under the Agreement. Customer represents and warrants that, where it provides Personal Information to Recon or requests Recon collect or process such information, it (1) has complied with any applicable laws relating to the collection or provision of such information, (2) possesses any consents, authorizations, rights and authority required to transfer or permit Recon to collect, receive, or access any Personal Information fort the Solutions, and (3)t to the extent required by applicable law, informed the individuals of the possibility of Recon processing their Personal Information on Customer's behalf and in accordance with its instructions. 10.3. California Consumer Privacy Act. The parties acknowledge and agree that Recon is a service provider for the purposes of the California Consumer Privacy Act ("CCPA") and may receive personal information (as defined by the CCPA) from Customer pursuant to this Agreement for a business purpose. Recon shall not sell any such personal information. Recon shall not retain, use or disclose any personal information provided by Customer pursuant to this Agreement except as necessary for the specific purpose of performing the Solutions for Customer pursuant to this Agreement or as permitted by the CCPA. The terms "personal information," "service provider," "sale," and "sell" are as defined in Section 1798.140 of the CCPA. Recon certifies that it understands the restrictions of this Section. It is Customer's sole responsibility to notify Recon of any requests from consumers (as defined in the CCPA) seeking to exercise rights afforded in the CCPA with regard to personal information received or processed in connection with the Solutions. Recon agrees to provide reasonable cooperation to  Customer in connection with such requests.  11. Indemnity.  11.1. Recon's Indemnity. RECON AGREES TO DEFEND, INDEMNIFY AND HOLD CUSTOMER, ITS OFFICERS, AGENTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, COSTS AND EXPENSES FOR    PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OROTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT MAY ARISE OUT OF OR BE OCCASIONED BY RECON'S BREACH OF ANY OF THESE TERMS AND CONDITIONS OR BY ANY NEGLIGENT OR STRICTLY LIABLE ACT OR OMISSION, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY RECON, ITS OFFICERS, AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THE PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OR FAULT OF CUSTOMER, ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRING NEGLIGENCE OR FAULT OF RECON AND CUSTOMER, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED IN ACCORDANCE WITH THE LAW OF THE STATE OF TEXAS, WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE - TO CUSTOMER UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW AND CUSTOMER'S REASONABLE ATTORNEY'S FEES SHALL BE REIMBURSED IN PROPORTION TO RECON'S LIABILITY. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR  ENTITY.  11.2. Procedures. Recon's indemnification obligations are conditioned on the Customer: (a) providing Recon with prompt written notice of any claim, provided that the failure to provide such notice shall not limit the indemnifying party's obligation to indemnify; and (b) providing reasonable information and assistance to Recon in the defense or settlement of the claim at the Recon's expense. Notwithstanding the foregoing, Recon () may not make an admission of fault on behalf of the Customer without written consent, (i) any settlement requiring Customer to admit liability requires prior written consent, not to be unreasonably withheld or delayed, and (ii) Customer may. join in the defense with its own 11.3. Options. If Customer's use of the Solutions has become, or in Recon's opinion is likely to become, the subject of any claim of infringement, Recon may at its option and expense: (a) procure for Customer the right to continue using and receiving the Solutions as set forth hereunder; (b) replace or modify the Solutions to make them non-infringing; (c) substitute an equivalent for the Solutions; or (d) if Recon, in its sole discretion, determines that options (a)-(c) are not reasonably practicable, terminate this Agreement and refund any pre-paid unused Fees as of the effective date of termination.  counsel at its own expense  12. Warranty andWarranty Disclaimer.  12.1. Solutions Warranty. RECON WARRANTS THAT DURING THE SUBSCRIPTION TERM THE SOLUTIONS SHALLSUBSTANTALLY PERFORM AS DESCRIBED IN THE DOCUMENTATION. IN THE EVENT OF ANY BREACH OF THIS SECTION 12.1, RECONSHALL,ASITS: SOLELIABILITY ANDCUSTOMERSSOLEREMEDY,REPAR    OR REPLACE THE SOLUTIONS THAT ARE SUBJECT TO THE WARRANTY CLAIM AT NO COST TO CUSTOMER OR IF RECON IS UNABLETO REPAIR OR REPLACE, THEN RECON WILL REFUND ANY PRE-PAID FEES FOR THE SOLUTIONS, OR 12.2. Disclaimer. EXCEPT FOR THE WARRANTY DESCRIBED IN THIS SECTION, THE SOLUTIONS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,AND: ANMWARRANTIESOFTTE. CUSTOMER. ACKNOWLEDGESTHAT THE SOLUTIONS ARE PROVIDED "AS IS" AND FURTHER ACKNOWLEDGE THAT RECON DOES NOT WARRANT: (A) THE OPERATION OF THE SOLUTIONS WILL BE UNINTERRUPTED, OR ERROR FREE; (B) THE SOLUTIONS ARE NOTVULNERABLE TO FRAUD OR UNAUTHORIZED USE; (C) THE FEATURES OR FUNCTIONALITIES OF THE SOLUTIONS WILL BE AVAILABLE AT ANY TIME IN THE FUTURE; AND (D) THE SOLUTIONS WILL IDENTIFY OR DETECT EVERY VULNERABILITY OR SECURITY ISSUE. CUSTOMER IS RESPONSIBLE AND RECON SHALL HAVE NO RESPONSIBILITY FOR DETERMINING THAT THE USE OF THE SOLUTIONS COMPLIES WITH APPLICABLE LAWS IN THE JURISDICTIONIS) IN WHICH 12.3. Open Source Warranty. The Software includes certain Open Source Software. Open Source Software is governed solely by the applicable open source licensing terms, ifany, and is provided "AS IS", and Recon hereby disclaims all copyright interest in such Open Source Software. Recon provides no warranty specifically related to any Open Source Software or any applicable Open Source Software licensing terms. Any fees paid by Customer to Recon are for Recon's proprietary Software only, and not for any Open Source Software components of the Software. Any license associated with an Open Source Software component applies only to that component and not to Recon's proprietary Software or any other third-party licensed software. The foregoing language isn not intended to limit Recon's warranty obligation for the Solutions set forth in Section 12.1. "Open Source Software" means software with its source code made available pursuant to a license by which, at a minimum, the copyright holder provides anyone the rights to study, change, and/or distribute the software to anyone and for any purpose. 12.4. Customer Warranties. Customer represents and warrants that it shall: () obtain any licenses and/or consents necessary for Recon to perform its obligations under this Agreement; () be responsible for ensuring the security and confidentiality of all Administrator IDs and passwords; (ii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Solutions; (iv) notify Recon promptly of any unauthorized use of the Solutions or any breach, or attempted breach, of security of the Solutions; (v) not use the Solutions in a manner that would violate applicable laws or regulations; (vi) not use the Solutions and transfer any Solutions Data to Recon for any fraudulent purposes; and (vii) implement safeguards within Customer's environment to protect the Solutions, including specifically, the Equipment, from the introduction, whether intentional or unintentional, of (1) any virus or other code, program, or sub-program that damages ori interferes with the operation of the Equipment or halts, disables, or interferes with the operation of the Solutions;o or (2) any device, method, or token whose knowing  PARTS THEREOF, SUBJECTT TO THE WARRANTY CLAIM.  CUSTOMER MAY DEPLOY AND USE THE SOLUTIONS.    or intended purpose is to permit any person to circumvent the normal security of the 13. Limitation of Liability. EXCLUDING RECON'S PERSONAL INJURY AND INTELLECTUAL PROPERTY INDEMNIFICATION OBLIGATIONS AS SET FORTH IN THIS AGREEMENT, FOR ANY CAUSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, HOWEVER ARISING, RECON WILL IN NO EVENT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR: (A) DAMAGES BASED ON USE OR ACCESS, INTERRUPTION, DELAY OR INABILITY TO USE THE SOLUTIONS, LOST REVENUES OR PROFITS, LOSS OF SOLUTIONS, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM FAILURE, MALFUNCTIONOR: SHUTDOWN, FALURETOACCURATLYTRANSFEN, READOR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION, BREACHES BY AN AUTHORIZED PARTNER, OR BREACHES IN CUSTOMER'S SYSTEM SECURITY; OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; OR (C) ANY AMOUNTS THAT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER FOR THE SOLUTIONS THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR. TO THE EVENT WHICH GIVES RISE TO SUCH DAMAGES. THESE LIMITATIONS SHALLAPPLY WHETHER OR NOT RECON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BOTH PARTIES UNDERSTAND AND AGREE THATTHE LIMITATIONS OF LIABILITIES FOR EACH PARTY SET FORTH IN THIS AGREEMENT ARE REASONABLE AND THEY WOULD NOT HAVE ENTERED INTO THE AGREEMENT 14. Term and Renewal. This Agreement shall be in effect for the Subscription Term specified in the Order Form. The payment of any compensation due under this Agreement for any year within the initial Subscription Term or any renewal terms provided for herein is contingent upon the. annual appropriation of funds by the Customers governing body in the annual budget and the Customer's obligations under this Agreement shall not constitute a general obligation of the Customer or indebtedness under the Constitution or laws of the State of Texas. In the event Customer should not, in the current or future fiscal years, appropriate or otherwise receive funds sufficient to purchase or continue related services under this Agreement (including any associated Support Programs), the Customer may. terminate this Agreement for lack of appropriations by providing at least fifteen (15) days' written notice. Customerwill pay for all undisputed fees and expenses related to services Customer has received as of the 15. Updates. Recon reserves the right to modify the Solutions, this Agreement, the Terms, and the Documentation in Recon's sole discretion provided that such changes shall not materially decrease the Solutions features and functionalities that Customer has  Solutions.  WITHOUT SUCH LIMITATIONS.  date of notice.  subscribed to during the then-current Subscription Term.    16. Termination. Either party may terminate this Agreement for cause if the other party commits a material breach of this Agreement, provided that such terminating parly has given the other party ten (10) days advance notice to try and remediate the breach. Upon termination, Customer agrees to cease all use of the Solutions and Recon Technology, installed or otherwise, and destroy all copies of any Recon Technology that are in its possession or under its control and promptly remove and return all Equipment to Recon. Except as otherwise required by law, Recon will remove, delete, or otherwise destroy all copies of Solutions Data and Confidential Information in its possession upon the earlier of (1) the return of the Equipment to Recon or (ii) one hundred-twenty (120) days following termination. Sections 7 (only as to amounts due and owing) and 91 through 14, 16, and 17  will survive the non-renewal or termination of this Agreement.  17. Miscellaneous.  17.1. Except as otherwise provided herein, all notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and shall be deemed to have been given: (a) when delivered by hand (with written confirmation of receipt); (b) on the next business day after the date sent, if sent for overnight delivery by ag generally recognized international courier (e.g., FedEx, DHL, etc.) (receipt requested); or(c) on the date sent by e-mail of a PDF document (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient. Such communications must be sent to the respective parties at the addresses set forth on the signature page hereof (or at such other address for a party as shall be specified in a notice given in accordance with this Section 17). This Section does not affect Customer's non -waivable rights. Recon's address fornotification purposes shall be: 11824 Jollyville Road, Suite 404, Austin, Texas 78759. Customer's address for notification purposes shall be as set forth on the Order Form. Either party may update its notice address upon written notice to the other party. 17.2. Notwithstanding any other terms to the contrary contained herein, Customer grants Recon the right to use Customer's name or logo in customer lists, marketing materials, and verbal discussions with prospective customers to communicate that  Customer uses the Solutions.  17.3. The parties to this Agreement are independent contractors. Neither party has the authority to bind the other party without the express written authorization of the other party. Nothing herein may be construed to create an employer-employee, franchisor- franchisee, agency, partnership, or joint venture relationship between the parties. Recon shall be primarily liable for the obligations of any subcontractors used in the delivery of  the Solutions.  17.4. This Agreement shall inure to the benefit of and be binding upon the respective permitted successors and assigns of the parties. Customer shall not be entitled toa assign, subcontract, delegate or otherwise transfer any ofi its rights and/or duties arising out of this Agreement and/or parts thereof to third parties, voluntarily or involuntarily, including by change of control, operation of law or any other manner, without Recon's express prior written consentAnypuponedassgmensubcontia. delegation or other    transfer in violation of the foregoing shall be null and void. No such assignment, subcontract, delegation or other transfer shall relieve the assigning party of any of its  obligations hereunder.  17.5. This Agreement shall be governed by the laws of the State of Texas without 17.6. Exclusive venue for any dispute arising out of this Agreement is in Kerr  regard to the conflicts of law provisions thereof.  County, Texas.  17.7. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as awaiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law ori in  equity or otherwise.  17.8. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties agree to replace such void or u unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purpose of such void or unenforceable provision. Recon does not accept, expressly or impliedly, and rejects and deems deleted any additional or different terms or conditions that Customer presents, including, but not limited to, any terms or conditions contained Customer's purchase order, or other such document, or established by trade usage or prior course of dealing. 17.9. This Agreement (including the exhibits hereto, if any) constitutes the parties' entire agreement by and between the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous agreement or understanding by and among the parties with respect to such subject-matter. Except as otherwise provided herein, this Agreement may be amended, modified or supplemented only by an  agreement in writing signed by each party.  17.10. The parties have participated mutually in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted mutually by the parties and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of  any of the provisions of this Agreement.  17.11. Governmental Immunity. Unless otherwise required under the law, the Parties agree that Customer has not waived its governmental immunity by entering into  and performing their obligations under this Agreement.  17.12. Arbitration. Ini the event of a dispute which may arise under this Agreement,  Customer does not agree to arbitration.    17.13. Texas Local Government. The parties hereby acknowledge and agree that Customer is entering this Agreement pursuant to its governmental function and that nothing contained in this Agreement shall be construed as constituting a waiver of the Customer's governmental immunity from suit or liability, which is expressly reserved to the extent allowed by law. Notwithstanding anything to the contrary herein, the parties hereby acknowledge and agree that to the extent this Agreement is subject to the provisions of Subchapter I of Chapter 271, TEXAS LOCAL GOVERNMENT CODE, as amended, the Customer's immunity from suit is waived only as set forth in Subchapter I of Chapter 271, TEXAS LOCAL GOVERNMENT CODE. Further, the parties agree that this Agreement is made subject to all applicable provisions of the Texas Civil Practices and Remedies Code ("CPRC"), including but not limited to all defenses, limitations, and exceptions to the limited waiver of immunity from liability provided in Chapter 101 and  Chapter75.  17.14. Protection of Resident Workers. The Customer actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). Recon shall establish appropriate procedures and controls sO no services under the Contract Documents will be performed by any worker who is not legally eligible to perform such services or employment. Customer reserves the right to audit Recon's employment records to verify the existence ofa a completed Employment Eligibility Verification Form (I-9) for every worker performing services under the Contract Documents. The audit will be at Customer's expense. 17.15. Immigration Reform and Control Act (8 U.S.C. $1324a). The Customer supports the Immigration Reform and Control Act (IRCA) which is a comprehensive scheme prohibiting the employment of unauthorized aliens in the United States. Recon shall submit a declaration signed under penalty of perjury of the laws of the State of Texas stating that it has not been found in violation of IRCA by the United States Attorney General or Secretary of Homeland Security in the preceding five (5) years. Recon shall ensure that its Subcontractors submit a declaration signed under penalty of perjury oft the laws of the State of Texas stating that they have not been found in violation of IRCA by the United States Attorney General or Secretary of Homeland Security in the preceding five (5) years. Recon and its Subcontractors shall at all times during the term of the contract with Customer comply with the requirements of IRCA and shall notify Customer within fifteen (15) working days of receiving notice of a violation of IRCA. Customer may terminate a contract with Recon if Customer determines that (a) Recon or its Subcontractors have been untruthful regarding IRCA violations in the preçeding five (5) years; (b) if Recon fails to ensure that its Subcontractors submit the aforementioned declaration; or (c) Recon or its Subcontractors fail to timely notify Customer of an IRCA  violation.  17.16. Disclosure. Pursuant to Chapter 176 of the Texas Local Government Code, aj person or agent of a person who contracts or seeks to contract with the Customer must    complete a conflict of interest questionnaire if the person or agent has an affiliation or business relationship that might cause a conflict of interest with Customer. The conflict ofi interest questionnaire, which is available online at ethics.state.tx.us, must be filed with the Customer no later than the seventh business day after the person or agent begins contract discussions or negotiations with the Customer or submits an application, response to a request for proposal or bid, correspondence, or another writing related to a potential agreement with the Customer. An updated conflict of interest questionnaire must be filed in accordance with Chapter 176 of the Local Government Code.  Said person should consult with legal counsel if they have questions regarding its compliance with the requirements of Chapter 176. It is the responsibility of each person or agent who is contracting or seeking to contract with the Customer to comply with the  filing requirements of Chapter 176.  17.17. Texas Government Code Chapter 2252. Pursuant to Texas Government Code Chapter 2252, Subchapter F, Recon affirms, by entering into this Agreement, that it is not identified on a list created by the Texas Comptroller of Public Accounts as a company known to have contracts with or provide supplies or  services to Iran, Sudan, or a foreign terrorist organization.  17.18. Texas Government Code Chapter 2274. Pursuant to Texas Government Code Chapter 2274, Recon affirms, by entering into this Agreement, that it does not have a practice, policy, guidance, or directive that discriminates and will not discriminate during the term of the contract against a firearm entity or firearm  trade association.  17.19. Texas Government Code Chapter 2271. Pursuant to Texas Government Code Chapter 2271, Recon affirms, by entering into this Agreement, that it  does not and will not boycott Israel during the term of this Agreement.  IN WITNESS WHEREOF, the parties hereto have executed the AGREEMENT as of  the date set forth below.  CUSTOMER By:. Name: Title: Date:  RECON INFOSEC  By: Name: Title: Date:  APROVIDASTOPONMA LSN abeh WilliamL. Tatsch, Assistant City Attorney    Quote Number: OP-204378  e qu Sequel) Datn Systems Incorporated Sales Quote Today's Date: :10/13/2022 Customer: City ofk Kerville Charvy Tork CHAVAIOAKAmIRGR  11824 Jollyville Rd. Suite 400 Austin, Tx78759  Account Manager: Sequel Data Systems Jonathan Clifton Prandnergalacon Office: 512-918-8841  Item 1  Product ID Qty. MDR-WKS  Description Recon InfoSec  Monthly Price Ext. Monthly Price Ext.Yearly Price  MDRI User Workstation! License- per user per month  425 for 1yr  $  11,86 $  5,040,50 $  60,486.00  TIPS Contract 210101 Technology Solutions, Products, and Services  Yoarly Total $ Fax: 512.519.7868  60,486.00  Phone: 512-918-8841  Prices Goodf for 301 Days    KERRD EXAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Construction Agreement with Alsay Incorporated for the Water Well No 9 (H AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 30, 2022  Street) Improvement Project in an amount of $294,000.  SUBMITTED BY: Stuart Barron, Director of Public Works  EXHIBITS: Expenditure Required: $294,000  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  $0.00  71-7100-5500  PAYMENT TO BE MADE TO: Alsay, Inc.  Kerrville 2050 Item? Yes Guiding Principle N/A Action Item  Key Priority Area W-V Water /Waste-Water. / Drainage  W3.1 - Examine all potential solutions o improving water quality that  could be applicable to Kerrville  SUMMARY STATEMENT:  The City of Kerrville groundwater well number 9 (H Street well) has a well liner fail due to age and has caused the well to be non-operational. This proposed project will replace the groundwater well liner and pump as well as update the electrical and SCADA systems at the The project is funded within the Water Capital Project Fund, and construction is anticipated tob be complete by Summer 2023 sO that the well can hopefully be fully operational during The project was placed for advertisement, the bid opening was held November 30, 2022 and three bids were received, with Alsay Incorporated as the apparent low bid. Staff evaluated the bid and recommend awarding the base bid for a total contract amount of $294,000.  well head.  the dry summer months.  RECOMMENDED ACTION:  Authorize the City Manager to finalize and execute a contract with Alsay Incorporated for the  HS Street well rehabilitation project.  ATTACHMENTS:  20221213_Letter Recommendation H Street Well.pdf 20221213_Bid Summary H Street Well.pdf    Hewitt Engineering, Inc. Consulting Engineering Services  o  December 5, 2022 Mr. Kyle Burow, P.E., CFM Director of Engineering City ofKerrville 701 Main Street Kerrville, TX 78028 Bid Tabulation Dear Kyle,  Re: Water Well No 9 (H Street) Improvements Project PW No. 22-019  Sealed bids were received at 3:00 p.m. on November 30, 2022 for the City ofKerrville Water Well No. .9(H Street) Improvements project. Three bids were received for the project. The low bid for the project was submitted by Alsay Incorporated for $294,000.00. The engineer'sestimate forthis The scope of work for the project includes brushing and cleaning the existing steel casing in the well,, jetting and removing fill from the bottom oft the hole and clean the open hole section, setting 6-inch stainless steel screen, 8-inch and 6-inch steel casing, 8-inch X 6-inch swage and pressure cementing in place, providing camera survey of the well, developing the well, installing the submersible pump, performing aj pump test., and furnishing and installing all electrical service and Based on ai review and tabulation ofthe proposals andj previous performance by Alsay Incorporated on similar type projects, I recommend award oft the contract to Alsay Incorporated on the basis of Please feel free to call me at 830-315-8800 or by email at mhewill@hewit-nc.com ifyou have  project was $275,000.00. The average bid was $369,001.33.  components  their lowest qualified bid of $294,000.00.  any questions or require additional information. HEWITT ENGINEERING INC. Texas Registered Engineering Firm F-10739  P.E., CFM  4  JOHN. M. HEWITT 66142 LICENSED  Iz/5lzv    CIVCAST City of Kerrville Water Well No. 9( (Welll H) Rehabilitation  Report Created On: 11/30/22 10:15:57 PM  APPARENT LOW BIDDERS  City of Kerrville Water Well No. 9 (Well H) Rehabilitation  ID:22-019  Bid Summary Engineers Estimate Total Bids AMLT$ AMLT% Average Bid  $275,000 3 $69,004.00 23.47% $369,001.33  Bidder  BASE BID  1 2 3  Alsay Incorporated Submitted: 11/30/2022. 2:51:00 PM Peerless Equipment Submitted: 11/30/2022 11:35:29AM J&S Water Wells Submitted: 11/30/2022 2:37:56 PM  $294,000.00 $363,004.00 $450,000.00  Bids opened at: 11/30/2022. 3:01:36 PM    KERRI TEXAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Amendment to Lease Agreement for 715 Water Street with Kerrville's Fourth on AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: December 2, 2022  the River (Arcadia Live).  SUBMITTED BY: Megan Folkerts, Senior Management Analyst  EXHIBITS: Expenditure Required: 0  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  0  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? Yes Key Priority Area Guiding Principle N/A Action Item  D-D Downtown Revitalization  D1.6 - Support new anchors in the Downtown, such as the A. C. Schreiner Mansion or the Arcadia, to increase public and visitor traffic  SUMMARY STATEMENT:  In December 2019, the City of Kerrville entered into a Lease Agreement with Kerrville's Fourth on the River (Arcadia Live). September 1, 2022, Arcadia Live was approved for a sign variance at the Planning and Zoning Commission Meeting. Per the original lease agreement, any alterations to the building must be notated within the Exhibits attached to the lease. The proposed Amendment allows for the listed alterations that Arcadia Live has proposed, and will grant the tenant permission to install the marquee sign and under-canopy theater lights  they have requested.  RECOMMENDED ACTION:  Authorize the City Manager to finalize and execute the proposed Amendment to Contract  2019-93 Lease for 715 Water Street.  ATTACHMENTS:  20221213_Contract Office Lease Fourth on the River Inc.pdf    FIRST AMENDMENT TO THE  OFFICE LEASE BETWEEN CITY OF KERRVILLE AND KEREVILLE FOURTH ON THE RIVER, INC.  This First Amendment to the Office Lease between City of Kerruille and Kerruille Fourth on the. River, Inc. is made and entered into by and between the CITY OF KERRVILLE, a Texas home rule municipality ("Landlord"); and KERRVILLE FOURTH ON THE RIVER, INC., a Texas nonprofit corporation, ("Tenant"); and amends that certain Office Lease between the City of Kerruille and Kerruille Fourth on the River, Inc. (the Lease"), pursuant to Subsection E.19 of the Lease,  said Lease dated on 01 about December 1, 2019, as follows: indicated by blue, underline (addition) as follows:  1. Section B., subsection 6 of the Lease is amended with new language  "6. Alter the Premises without Landlord's prior written consent. Tenant's proposed alterations to the Premises are attached as Exhibit B, which includes the installation of a marquee style sign ("Sign")and undercanopy theater lighting, both ofwhich are as depicted on Exhibit B-1, of which Landlord acknowledges and approves. The parties acknowledge and agree that such alterations remain subject to the application of building codes. Tenant shall maintain the Sign in compliance with the Landlord (City) Sign Code (Ch. 82, Code of  Ordinances). and other applicable laws."  2. Section E., subsection 2 of the Lease is amended with new language  indicated by blue, underline (addition) as: follows:  "2. Alterations. Any physical additions 01 improvements to the Premises made by Tenantwilll become thej property ofLandlord. Landlord may require that Tenant, at the end of the Term and at Tenant's expense, remove any physical additions and improvements, repair any alterations, and restore the Premises to the condition existing at the Commencement: Date, normal wear excepted. Tenant's proposed alterations to the Premises are attached as Exhibit B and Exhibit B-1. The parties acknowledge and agree that such alterations remain subject to the application ofbuilding codes." 3. Except as amended hereby, Landlord and Tenant agree that the Lease is and shall remain in full force and effect in accordance with its terms.  SIGNED this the,  day of  2022.    CITY OF KERRVILLE, TEXAS  KERRVILLE FOURTH ON THE  RIVER, INC. By: Name: Its:  By:  E.A. Hoppe, City Manager  ATTEST:  Shelley McElhannon, City Secretary APPROVED ASTOFORM: NlCK  Michael C. Hayes, CityAttorney  TNgalviyl Tepuyl7is Waters Page 2 of2  Lease/715 Water St.    EXHIBIT. B-1  to)  9 B  0900999000900X0000d    A  -ONKO  1010X3    Elevation of Perspective Wireframe  Elevation of Perspective With year  Plan    KERA; TEXAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: City Council meeting minutes, November 08, 2022.  AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 17, 2022  SUBMITTED BY: Shelley McElhannon, City Secretary  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle NIA Action Item Chambers.  N/A N/A  SUMMARY STATEMENT:  City Council meeting minutes held November 08, 2022 at 6:00 p.m., City Hall Council  RECOMMENDED ACTION:  Approve minutes as presented. ATTACHMENTS:  20221213_Minutes CC meeting 11-08-22 6pm.pdf    CITY COUNCIL MINUTES REGULAR MEETING  KERRRVILLE, TEXAS NOVEMBER 08, 2022 6:00 PM  On November 08, 2022 at 6:00 p.m., Mayor Judy Eychner called the Kerrville City Council meeting to order in City Hall Council Chambers, 701 Main Street. Councimember Kim Clarkson  provided the invocation and led the Pledge of Allegiance.  COUNCILMEMBERS PRESENT: Judy Eychner, Mayor Kim Clarkson, Mayor Pro Tem, Councimember Place 2 Roman Garcia, Councimember Place 1 Joe Herring, Jr., Councimember Place 3 Brenda Hughes, Councimember Place 4 CITY EXECUTIVE STAFF: E.A. Hoppe, City Manager Mike Hayes, City Attorney Michael Hornes, Asst City Manager Kim Meismer, Asst City Manager Shelley McElhannon, City Secretary Julie Behrens, Director of Finance Ashlea Boyle, Director Parks-Recreation Danielle Brigati, Library Director VISITORS PRESENT: for the required retention period.  COUNCILMEMBER ABSENT:  None  Kyle Burow, Director of Engineering Stuart Cunyus, Public Information Officer Guillermo Garcia, Exec Dir Innovation Yesenia Luna, Municipal Court Coordinator Eric Maloney, Fire Chief Drew Paxton, Planning Director William Tatsch, Asst City Attorney  Stuart Barron, Exec Director Public Works Chris McCall, Police Chief  Al list of the citizen speakers present during the meeting is on file in the City Secretary's Office  1. ANNOUNCEMENTS OF COMMUNITY INTEREST:  Announcements of Community Interest provided by Stuart Cunyus, Councimember Roman  Garcia, and Mayor Eychner. 2. PRESENTATIONS:  2A. Kerrville Kindness Award recognizing Richard Vasquez.  Mayor Eychner presented the Kerrville Kindness award to Richard Vasquez, recognizing his selfless and good works. Richard Vasquez was joined by his family. Chief Chris McCall also  presented recognition from the Police Department to Mr. Vasquez. 2B. Proclamation recognizing November 7-11, 2022 as Municipal Court week.  Mayor Eychner presented a proclamation proclaiming November 7-11,2022 as Municipal Court week in Kerrville, Texas, represented by Municipal Court Coordinator Yesenia Luna and  Municipal Court staff.  Mayor Eychner provided meeting and speaker protocol and visitor decorum.  3. VISITORS FORUM: The following person(s) spoke: Ruben Aguilar 4. CONSENT AGENDA:    Councimember Garcia requested to pull Consent Agenda items 4B, 4C, and 41, and made a motion to approve the rest of the items on the Consent Agenda (4A, 4D, 4E, 4F, 4G, and 41), 4A. Local Agreement by and between the City of Kerrville, Texas and the State of Texas for disposition of forfeited property in the 198th Judicial District Court resulting from the seizure of 4D. Interlocal Agreement between the City of Kerrville and Kerr County for participation in 4E. Medical Director Agreement fort the City of Kerrville Fire Department, Emergency Medical 4F. Professional Services Agreement with 6S Engineering, Inc. for the 2023 Fiscal Year 4G. Professional Services Agreement with 6S Engineering, Inc. for the Pavement Master  seconded by Councimember Joe Herring, Jr. The motion passed 5-0.  property in the City of Kerrville, Texas.  the Local Hazard Mitigation Plan for Kerr County.  Services.  Street Maintenance projects in the amount of $95,750.00.  Plan Update in the amount of $96,350.00. 4H. City Council workshop minutes October 25, 2022. END OF CONSENT AGENDA.  4B. Interlocal Agreement by and between the City of Kerrville, Texas and the County of Kerr, Texas to provide access to each of their Law Enforcement Agencies' Criminal Justice  Information through the Tyler Public Safety One Source System. William Tatsch provided information and responded to questions.  Councimember Roman Garcia made a motion to approve the Interlocal Agreement with the County of Kerr, Texas, seconded by Councilmember Herring. The motion passed 5-0. 4C. Interlocal Agreement by and between the City of Kerrville, Texas and the County of Kerr, Texas for locating supplemental workstations in the Kerr County Sheriff's Office and Kerrville Police Department and establishing a High-Speed Network Connection between the Kerrville  Police Department and the Kerr County Evidence Media Server. Chief McCall provided information and responded to questions.  Councimember Garcia made a motion to approve the Interlocal Agreement with the County of Kerr, Texas for supplemental workstations at the Kerr County Sheriff's Office and the Kerrville Police Department, seconded by Councimember Brenda Hughes. The motion  passed 5-0.  41. City Council meeting minutes, October 25, 2022.  Councilmember Garcia requested to approve the meeting minutes with this amendment: page 2 under item 4A, insert into the tabled motion "to the next regular meeting and further moved that the City Attorney is instructed to revise the Declaration of Trust to only reflect the change requested by Council regarding the Secretary position andi to revert the rest of the document to its previous language", seconded by Councimember Clarkson. The motion passed 5-0.  5. CONSIDERATION AND POSSIBLE ACTION:    5A. Resolution No. 72-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of Lot 7, Block 1, Riverside Addition; and more commonly known as 339 Guadalupe; said property is located within a Medium Density Residential Zoning District (R-2); and making said permit subject to conditions and restrictions.  Shelley McElhannon read Resolution No. 72-2022 caption into record. Drew Paxton provided information and responded to questions.  The public hearing opened at 6:29 p.m. The public hearing closed at 6:29 p.m.  No person(s) spoke.  Councilmember Hughes made a motion to approve Resolution No. 72-2022, seconded by 5B. Resolution No. 73-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of Lot 3 and part of Lot 4, Block 3, Hazy Hills Addition; and more commonly known as 800 Lake; said property is located within a Single-Family Residential Zoning District (R-1); and making said permit subject to conditions  Councilmember Clarkson. The motion passed 5-0.  and restrictions.  Shelley McElhannon read Resolution No. 73-2022 caption into record.  Drew Paxton provided information and responded to questions. Applicants Sharon Rollins, Darrell Rollins, and Kevin Rollins provided information and responded to questions.  The public hearing opened at 6:35 p.m. The public hearing closed at 6:35 p.m.  No person(s) spoke.  Councimember Herring made a motion to approve Resolution No. 73-2022, seconded by 5C. Resolution No. 74-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of Lot 1, block 1, Riverhill TH Addition; and more commonly known as 503 Oakland Hills; said property is located within al Medium Density Residential Zoning District (R-2);andm making said permit subject to conditions and restrictions.  Councilmember Clarkson. The motion passed 5-0.  Shelley McElhannon read Resolution No. 74-2022 caption into record. Drew Paxton provided information and responded to questions.  The public hearing opened at 6:37 p.m. The public hearing closed at 6:37 p.m.  Noy person(s) spoke.  Councimember Hughes made a motion to approve Resolution No. 74-2022, seconded by 5D. Resolution No. 75-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit ont the property consisting ofLot 5, Block 1, Riverhill Las Casitas Addition; and more commonly known as 220 Riverhill Club, #5; said property is located within a Medium Density Residential Zoning District (R-2); and making said permit subject to conditions and  Councimember Herring. The motion passed 5-0.  restrictions.  Shelley McElhannon read Resolution No. 75-2022 caption into record.  Drew Paxton provided information and responded to questions, and applicant Janice Bowen  spoke.    The public hearing opened at 6:39 p.m. The public hearing closed at 6:39 p.m.  Noj person(s) spoke.  Councimember Clarkson made a motion to adopt Resolution No. 75-2022, seconded by 5E. Resolution No. 76-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting ofl Lot 9, Block 1, Riverhill Las Casitas Addition; and more commonly known as 220 Riverhill Club, #9; said property is located within a Medium Density Residential Zoning District (R-2); and making said permit subject to conditions and  Councimember Herring. The motion passed 5-0.  restrictions.  Shelley McElhannon read Resolution No. 76-2022 caption into record.  Drew Paxton provided information. The public hearing opened at 6:40 p.m. No person(s) spoke. The public hearing closed at 6:40 p.m.  Councimember Herring made a motion to adopt Resolution No. 76-2022, seconded by 5F. Resolution No. 77-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of Lot 13, Block 1, Riverhill Las Casitas Addition; and more commonly known as 220 Riverhill Club, #13; said property is located within a Medium Density Residential Zoning District (R-2); and making said permit subject to conditions  Councilmember Hughes. The motion passed 5-0.  and restrictions.  Shelley McElhannon read Resolution No. 77-2022 caption into record.  Drew Paxton provided information. The public hearing opened at 6:41 p.m. No person(s) spoke. The publicl hearing closed at 6:42 p.m.  Councimember Herring made a motion to adopt Resolution No. 77-2022, seconded by 5G. Resolution No. 78-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of Lot 14, Block 1, Riverhill Las Casitas Addition; and more commonly known as 220 Riverhill Club, #14; said property is located within a Medium Density Residential Zoning District (R-2); and making said permit subject to conditions  Councilmember Hughes. The motion passed 5-0.  and restrictions.  Shelley McElhannon read Resolution No. 78-2022 caption into record.  Drew Paxton provided information. The public hearing opened at 6:43 p.m. No person(s) spoke. The public hearing closed at 6:43 p.m.  Councimember Clarkson made a motion to adopt Resolution No. 78-2022, seconded by  Councimember Herring. The motion passed 5-0.    5H. Resolution No. 79-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of Lot 13, Block 3, Mesa Park Subdivision, Phase 1; and more commonly known as 2324 Trails End; said property is located within a Single- Family Residential Zoning District (R-1); and making said permit subject to conditions and Drew Paxton provided information and responded to questions, and applicant Collette  restrictions.  Shelley McElhannon read Resolution No. 79-2022 caption into record. Zagarella provided information and responded to questions.  The public hearing opened ate 6:48 p.m. The following person(s) spoke: Paul Harrison Heidi Uttrich  The public hearing closed at 6:51 p.m.  Councimember Herring made a motion to adopt Resolution No. 79-2022, seconded by  Councilmember Hughes. The motion passed 5-0.  6. PUBLIC HEARING AND ORDINANCEIS). FIRST READING:  6A. Ordinance No. 2022-32. An Ordinance annexing a tract of land into the corporate limits of the City of Kerrville, Texas; such property making up approximately 11.93 acres and generally located south of the intersection of State Highway 27 and Colvin Ranch Rd.; more commonly known as 5269 State Highway 27; such property more specifically described in this Ordinance and being located within the extraterritorial jurisdiction of and adjacent to the City Limits; adopting a service agreement; establishing the zoning for the annexed property as an Industrial and Manufacturing (IM) Zoning District; and providing other matters relating to this  subject.  Shelley McElhannon read Ordinance No. 2022-32 caption into record. Drew Paxton provided information and responded to questions.  The public hearing opened at 6:58 p.m. The public hearing closed at 6:58 p.m.  No person(s): spoke.  Councimember Clarkson made a motion to adopt Ordinance No. 2022-32 on first reading,  seconded by Councilmember Herring. The motion passed 5-0. Mayor Eychner shifted item 10A forward, before Item 7A.  10A. Consider a request for the grant of a major waiver of the requirement within the City's Subdivision Code (Ch. 82, Code of Ordinances; Section 82-50) for the extension of utilities to the property line; the property being an 11.93 acre proposed lot addressed as 5269 Highway 27 and generally located on Highway 27 at Colvin Ranch Rd. E. Applicant: Ingram Ready Mix, Drew Paxton, Stuart Barron, E.A. Hoppe, and Mike Hayes provided information and Applicant representatives James McKnight and James McGarr provided information and Councimember Garcia made a motion to table the item until the next regular meeting,  No. 10.  Shelley McElhannon read item 10A caption into record.  responded to questions. responded to questions.  seconded by Councilmember Hughes. The motion to table passed 5-0.    7. INFORMATION & DISCUSSION: (Committee Chair Layng Guerriero). responded to questions. and 8A, and both passed on 7A: Jon Perrin Robin Perrin  7A. Report from Short-Term Rental Committee in accordance with Resolution No. 55-2022, Committee Chair Layng Guerriero provided information and a report from the Committee, and The following person(s) requested to speak, however discovered that they signed up for item 7A  8. ORDINANCE/S), FIRST READING:  8A. Ordinance No. 2022-30. An Ordinance amending Chapter 30 Businesses" of the City's Code of Ordinances by adopting a new Article VI "Short-Term Rental Units"; requiring permitting and inspection for Short-Term Rental Units; containing a cumulative clause; containing a savings and severability clause; providing for penalties not to exceed $2,000.00; ordering publication; providing an effective date; and providing other matters related to the  subject.  Shelley McElhannon read Ordinance No. 2022-30 caption into record. Guillermo Garcia and Mike Hayes provided information and responded to questions.  The following person(s) spoke: Sarah Lewis (declined when called) Jon Perrin Robin Perrin Larry Howard  Council agreed to modify the Ordinance No. 2022-30 with three amendments: (1) Create a new Chapter dedicated to Short-Term Rentals, (2) If a structure has an occupancy sleeping over ten (10) individuals, then the structure requires a sprinkled fire system, (3) strike the #2 Councimember Garcia made a motion to adopt Ordinance No. 2022-30 on first reading and to set a time for future review by December 2023, seconded by Councilmember Herring. The  Whereas clause and strike #4 Whereas clause.  motion passed 5-0.  Mayor Eychner recessed the meeting at 8:26 p.m. Mayor Eychner reconvened the meeting at 8:38 p.m.  8B. Ordinance No. 2022-33. An Ordinance amending Chapter 102 "Traffic and Vehicles," Section 102-1 "Definitions" of the Code of Ordinances oft the City of Kerrville, Texas by revising the definitions of "Excessive or Unusual Noise" and Noisemakers" in their entirety; containing as savings and severability clause; providing an effective date; ordering publication; and  providing other matters relating to this subject.  Shelley McElhannon read Ordinance No. 2022-33 caption into record. William Tatsch provided information and responded to questions. seconded by Councimember Hughes. The motion passed 5-0.  Councimember Garcia made a motion to approve Ordinance No. 2022-33 on first reading,  9. ORDINANCE(S). SECOND READING:    9A. Ordinance No. 2022-31, second reading. An Ordinance amending the City's Fiscal Year 2022 Budget to account for the receipt of additional revenue, the disbursement of such revenue,  and to make other amendments as provided. Julie Behrens provided information.  Shelley McElhannon read Ordinance No. 2022-31 caption into record.  Councimember Hughes made a motion to approve Ordinance No. 2022-31 on second  reading, seconded by Councilmember Herring. The motion passed 5-0.  10. CONSIDERATION AND POSSIBLE ACTION:  This item was shifted forward on the agenda (after item 6A and before item 7A - see above). 10A. Consider a request for the grant of a major waiver of the requirement within the City's Subdivision Code (Ch. 82, Code of Ordinances; Section 82-50) for the extension of utilities to the property line; the property being an 11.93 acre proposed lot addressed as 5269 Highway 27 and generally located on Highway 27 at Colvin Ranch Rd. E. Applicant: Ingram Ready Mix, 10B. Resolution No. 68-2022. A Resolution adopting the City of Kerrville Water and  No. 10.  Wastewater Master Plan update.  Shelley McElhannon read Resolution No. 68-2022 caption into record.  Stuart Barron, Ethan Shires with Freese and Nichols, and E.A. Hoppe provided information Councimember Herring made a motion to adopt Resolution No. 68-2022, seconded by 10C. Qualification of Five Responders as Design-Build Firms for the Public Safety Facility  and responded to questions.  Councilmember Clarkson. The motion passed 5-0.  project.  Shelley McElhannon read item 10C caption into record.  Kyle Burow and Joel Kokomor with Freese & Nichols Inc. provided information and responded Councimember Hughes made a motion to approve recommended Design-Build teams to solicit Proposals: Byrne Construction Services, Joeris General Contractors, Rogers-O'Brien Construction, Skanska USA Building, Inc., SpawGlass Contracts, Inc., seconded by 10D. The Butt-Holdsworth Memorial Library's participation in "Banned Books Week", the Library's policies, the Library's association with the American Library Association, and personnel conduct regarding these matters. (Barbara Dewell Ferguson, citizen;  to questions.  Councilmember Herring. The motion passed 5-0.  Councimember Garcia, sponsor).  Shelley McElhannon read item 10D caption into record. Leela Goldberg (did nots show up to mic when called)  Citizen Barbara Dewell Ferguson provided information and responded to questions.  The following person(s) spoke: Martha Mitchell Susana Gimson Jennifer Daschel    Susan Sommers Dr. Stephane Gross Sylvia Ostos Pamela Leinhard Susan' Wolff Sarah Lewis Carol Powers Ruth Carlson David Rogers Delayne Sigerman Debbie Oakes Charlie Mclvain William Rector Lillian Beard Cheri Chase lan Daugherty Jaclyn Hall Katy Kappel Carol Milberger  Lucia Bell (did not show up to mic when called)  Robin Monroe (speaking for Bethany Puccio)  Marcia King (did not show up to mic when called)  Mayor Eychner made a motion that the Library Advisory Board make a thorough review of the Butt-Holdsworth Memorial Library collection development policy including the appendix and bring back to Council the results of their review, seconded by Councilmember Hughes. Councilmember Garcia made a motion to amend the Mayor's motion to include at the end of it"to the extent that it removes all association with the American Library Association and to place proper safeguards to prevent books with obscene, profane, or pornographic material to be easily accessible to minors". Mayor Eychner called for a second to Councimember Garcia's motion amendment, with no second for the amendment. The amended motion failed Mayor Eychner called for a vote on the original motion to make a thorough review of the Butt- Holdsworth Memorial Library collection development policy including the appendix and bring back to Council the results of their review, seconded by Councimember Hughes. The motion  for lack of second.  passed 5-0.  11. BOARD APPOINTMENTIS:  11A. Appointment to the Food Service Advisory Board. Shelley McElhannon read item 11A caption into record.  Councilmember Hughes made a motion to appoint Shonna Ebert, Wendy Massey (reappointment), and Elena Ramirez to the Food Service Advisory Board, seconded by  Councimember Clarkson. The motion passed 5-0. Executive Session was not called nor convened. 12. EXECUTIVE SESSION: N/A    13. ACTION ON ITEMS DISCUSSED IN EXECUTIVE SESSION, IF ANY. N/A  14. ITEM(S) FOR FUTURE AGENDAS:  Councilmember Garcia requested staff review and reorganize the Council Chamber no later than January. Mayor Eychner called for a second, with no second forthcoming. The  item for a future agenda failed for lack of second. ADJOURN. The meeting adjourned at 10:41 p.m.  APPROVED BY COUNCIL: APPROVED:  ATTEST:  Judy Eychner, Mayor  Shelley McElhannon, City Secretary    KERRD EXAS SUBJECT:  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  Resolution No. 82-2022. A Resolution granting a Conditional Use Permit to authorize an Independent Living Facility for Seniors on property generally located adjacent to Memorial Boulevard (SH 27) and between its intersection with Meeker Road and Laurel Street; comprising an approximate 0.53 acres and more commonly known as 2916 Memorial Boulevard; said property is located within a Light Commercial Zoning District (C-2); and AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 23, 2022  making said permit subject to certain conditions and restrictions.  SUBMITTED BY: Drew Paxton, Planning Director  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? Yes Key Priority Area H-H Housing Guiding Principle N/A Action Item  C2.5 - Consider making provisions, including revising ordinances, to allow appropriate alternative housing styles, such as à€cetiny  homes,à€ eco homes or park model homes  SUMMARY STATEMENT:  Proposal  Ar resolution to allow a Conditional Use Permit for an Independent Living Facility for Seniors on 0.53 acres of land out of Wallace Survey No. 112, Abstract No. 360; and more commonly known as 2916 Memorial Blvd,  Kerrville, TX 78028. (Case No. PZ-2022-61) Procedural Requirements  2 letters were mailed on 10/19/2022 to adjacent property owners. The public notice was published in the Kerrville Daily Times on 10/13/2021. At the time of drafting this Agenda Bill, no comments had been  received.    Staff Analysis and Recommendation Adjacent Zoning and Land Uses: Subject Property: Current Zoning: C-2 Light Commercial Existing Land Use: Office building  Aper the C-2 zoning district, a Conditional Use Permit is required for this use, Independent Living Facility for  Seniors.  Direction: North, South, West, East Current Zoning: C-2, Light Commercial Existing Land Uses: various commercial businesses Consistency with the Kerrville 2050 Comprehensive Plan:  The subject property and surrounding area are designated Transitional Residential. Since the underlying zoning is not changing, the request is consistent with the Kerrville 2050 Comprehensive Plan.  Thoroughfare Plan: Traffic Impact: No traffic impact is anticipated. Parking:  The subject property is located on a primary arterial.  Independent Senior Living Facility does not have a specific parking requirement within the zoning code. Staff  recommends a condition for the CUP to use the multi-family parking ratio.  Recommendation:  Because the Conditional Use Permit request is consistent with the Kerrville 2050 Comprehensive Plan and does not change the existing zoning district, staff recommends approval with consideration and inclusion of On November 3rd, the Planning and Zoning Commission recommended the case for approval with a  the attached Proposed CUP Conditions.  unanimous vote.  Independent Living Facility for Seniors  Site Plan: The development and use of the Property shall conform to the site plan.  Minimum Parking: The project shall provide. parking consistent with the parking requirements for a  multi-family development, Section 60-104 Table 2, #40.  RECOMMENDED ACTION:  Approve Resolution No. 82-2022. ATTACHMENTS:  20221213_Reso 82-2022 CUP 2916 Memorial Boulevard.pdf    CITY OF KERRVILLE, TEXAS RESOLUTION NO. 82-2022  Al RESOLUTION GRANTING A CONDITIONAL USE PERMITTO AUTHORIZE AN INDEPENDENT LIVING FACILITY FOR SENIORS ON PROPERTY GENERALLY LOCATED ADJACENT TO MEMORIAL BOULEVARD (SH 27) AND BETWEEN ITS INTERSECTION WITH MEEKER ROAD ANDLAURELSTREET: COMPRISING: AN APPROXIMATE 0.53 ACRES AND MORE COMMONLY KNOWN AS 2916 MEMORIAL BOULEVARD; SAID PROPERTY IS LOCATED WITHIN A LIGHT COMMERCIAL ZONING DISTRICT (C-2); AND MAKING SAID PERMIT SUBJECT TO CERTAIN CONDITIONS AND RESTRICTIONS  WHEREAS, the owner of the property depicted in the location map and site plan in Exhibit A (the Property"), being attached hereto and made a part hereof for all purposes, is requesting approval ofs a Conditional Use Permit ("CUP") to allow the Property located within a Light Commercial Zoning District (C-2) to be used for an  independent living facility for seniors; and  WHEREAS, an independent living facility for seniors requires the granting of ac CUP where such use is proposed within a Light Commercial Zoning District (C-2);  and  WHEREAS, the City Planning and Zoning Commission (the Commission'"), in compliance with state law and the Zoning Code of the City ofKerrville, Texas (Chapter 60, CodeofOrdinances) ("Zoning Code"), and inj particular, the procedures for obtaining a CUP; having given the requisite notices by United States mail, publication, and otherwise; and after holding a public hearing and affording a full and fair hearing to all property owners generally and particularly to those interested persons situated in the affected area and in the vicinity thereof, has recommended that City Council grant the CUP applied for and referenced herein, subject to the special conditions and  restrictions set out hereinafter and applied to the Property; and  WHEREAS, City Council, in compliance with state law and the Zoning Code, and likewise having given the requisite notices and holding a public hearing on December 13, 2022, finds that the health, safety, and general welfare will be best served by the granting of the CUP as recommended by the Commission and referenced  herein on the Property;  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SECTION ONE. A Conditional Use Permit is granted to permit the Property described as follows, and located within a Light Commercial Zoning District (C-2), to be developed and used for a living facility for seniors, and such use is subject to the provisions of this Resolution and other City ordinances and regulations:  THE CITY OF KERRVILLE, KERR COUNTY, TEXAS:  Legal Description: Being property lying and being situated    within the City of Kerrville, Kerr County, Texas, and being approximately 0.53 acres out of the Wallace Survey No. 112, Abstract No. 360; and being depicted on the location map and site Address: 2916 Memorial Blvd. (State Hwy. 27), Kerrville,  plan at Exhibit A. TX 78028.  SECTION TWO. In addition to the development and use regulations currently applicable to the Property, development and use of the Property is subject to the following  additional conditions:  A. Site Plan: The development and use of the Property shall conform to the B. Parking: The Property shall comply with the multifamily parking SECTION THREE. This Resolution and CUP granted herein is subject to SECTION FOUR. City Council finds and determines that its adoption of this Resolution promotes the health, safety, and general welfare of the public and is a  site plan attached as Exhibit. A.  standards found within Article XII of the Zoning Code. termination in accordance with the Zoning Code.  proper valid exercise of the City's police powers.  SECTION. FIVE. Ifany section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid o1 unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining  portions thereof.  SECTION SIX. This Resolution is effective upon adoption.  PASSED AND APPROVED ON this the,  day of.  A.D.,  2022.  Judy Eychner, Mayor ATTEST:  APPROVEPASTOPORNE TC  Michael  City Attorney  Shelley McElhannon, City Secretary  Page: 2of2  Reso. No. 82-2022    EXHIBIT/ A  2901  2905  814  2888  2900  2912  2916)  29185  2905  8000  '3006  yof! Keraille, KPUPAUSGA INS  3010) KERRD EXAS 120  Location Map Case # PZ-2022-061 2916 Memorial Blvd  Legend  W  200' Notification Area Subject Properties  Location:  0 30 60 Scale Inl Feet  This producti is fori informational purposes and may not! have been prepared ford or bes suitable for legal, engineering, ors surveying purposes. IC does not  represent and on-the-ground survey and reprosents only approximate relativel locations.    EXHIBITA  STUDIO  STUDIO 27X19-8 3SSSAFL  Selback  Selbackine  Drlvewoy  5.4 STUDIO STUDIO 9455AFT B455arT  STUDIO 345SQFT  6-1"t 19-8X2149 13.6-X2749" 138X27  Driveway  3X273 STUDIO sssarr  STUDIO 13-EX279 DsDarT  Dilveway  Driveway  EXISTING STRUCTURE 4145X304 16415AFT 21"  Driveway  MOMCTOESGNITON 2916 Memorial Blvd Rick Perry  mE Prellminary Design  PIKBIenO  Tim Jones Signature Homes    KERRI TEXAS SUBJECT:  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  Resolution No. 83-2022. A Resolution granting a Conditional Use Permit to authorize a Short Term Rental on the property consisting of Lot H, Block 5, Pueblo Hills Addition; and more commonly known as 1916 Leslie; said property is located within a Medium Density Residential Zoning District (R-2); and making said permit subject to conditions and AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 23, 2022  restrictions.  SUBMITTED BY: Drew Paxton, Planning Director  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TO BE MADE TO: NIA Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item Proposal  N/A N/A  SUMMARY STATEMENT:  Aresolution to allow a Conditional Use Permit for a Short Term Rental on Lot H, Block 5, Pueblo Hills; and  more commonly known as 1916 Leslie Dr N, Kerrville, TX 78028.  Procedural Requirements  The City, in accordance with state law, mailed 26 letters on 10/19/2022 to adjacent property owners. The City published a similar notice in the Kerrville Daily Times on 10/13/2022. In addition, an informational sign was posted at the front of the property on 10/25/2022. At the time of drafting this Agenda Bill, three  comments in opposition had been received. Staff Analysis and Recommendation    Adjacent Zoning and Land Uses: Subject Property  Current Zoning: R-2 Medium Density Residential Existing Land Use: Townhomes Direction: North, South, West, East Current Zoning: R-2 Medium Density Residential Existing Land Uses: Townhomes  Consistency with the Kerrville 2050 Comprehensive Plan:  The subject property and surrounding residential areas are designated as Transitional Residential (TR). Since the underlying zoning is not changing for the subject property, the request is consistent with the Kerrville  2050 Comprehensive Plan. Thoroughfare Plan: Traffic Impact: No traffic impact is anticipated. Parking:  The subject property is located on a residential street.  A: Short Term Rental requires one off-street parking space per bedroom and one additional off-street parking space for a manager, if the manager does not live onsite. This property has 3 bedrooms and no onsite manager sO 4 off-street parking spaces are required. The applicant has identified 4 available off-street  parking spaces, meeting the off-street parking requirement.  Recommendation:  Because the Conditional Use Permit request is consistent with the Kerrville 2050 Comprehensive Plan, will meet all zoning regulations, and there are amenities in close proximity to this proposed Short Term Rental location, staff recommends approval with consideration and inclusion of the following Proposed CUP On November 3rd, the Planning and Zoning Commission recommended the case for approval with a 4-2  Conditions. vote.  Proposed CUP Conditions for Short Term Rental  A. Guest Notification: The owner or operator oft the Property shall post "Guest Notification" in a conspicuous place within the rental unit on the Property. Guest Notification is shown on the following page. B. Local Contact: The owner or operator of the Property shall provide the City with contact information for a C.Occupancy Taxes: The owner or operator of the Property shall comply with the City's occupancy tax D. Sign: The Property may not use more than one non-lluminated, on-site sign, in conjunction with its Short Term Rental unit. The sign may either be: (i) flush-mounted to one of the residential structures and may not exceed one-square foot in size; or, (i) freestanding and placed in the front yard but no closer than 20 feet to any property line and not exceeding six square feet in size and three feet in height. Any such sign shall  local representative, within approximately two hours distance.  requirements as found within Ch. 94, Division III, of the City's Code of Ordinances.    comply with the City's Sign Code.  E. Minimum Off-Street Parking: One space per bedroom, plus parking required for the manager, if living F. Maximum Occupancy: The maximum occupancy for any Short Term Rental is ten (10) guests. Short term rental owner / operator may set occupancy limits at less than ten (10) guests, however, in no case shall G. Other Zoning Regulations: The regulations set forth in this Resolution are in addition to those set forth in the Zoning Code, as may be amended or superseded. In the event of any irreconcilable conflict between this Resolution and the regulations set forth in the Zoning Code, the provisions of this Resolution will prevail.  off-site.  occupancy limits exceed ten (10) guests.  RECOMMENDED ACTION:  Approve Resolution 83-2022. ATTACHMENTS:  20221213_Reso 83-2022 CUP 1916 Leslie.pdf  20221213_Letters opposed - Anderson Bierschwale Schwethelm 1916 Leslie.pdf    CITY OF KERRVILLE, TEXAS RESOLUTION NO. 83-2022  AI RESOLUTION GRANTING A CONDITIONAL USE PERMITTO AUTHORIZE A SHORT-TERM RENTAL UNIT ON THE PROPERTY CONSISTING: OFLOT H,BLOCK 5, PUEBLOHILLS ADDITION; AND MORE COMMONLY KNOWN AS 1916 LESLIE; SAID PROPERTY IS LOCATED WITHIN A MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT (R-2); AND MAKING SAID PERMIT SUBJECTTO CONDITIONS AND RESTRICTIONS  WHEREAS, the owner of the property known as 1916 Leslie and depicted on the location map and site plan found at Exhibit A (the Property"), said exhibit being attached hereto and made a part hereof for all purposes, is requesting approval of a Conditional Use Permit ("CUP") to authorize a short-term rental unit on the Property, which is located within a Medium Density Residential Zoning District (R-2); and WHEREAS, the City Planning and Zoning Commission (the "Commission"), in compliance with state law and the Zoning Code oft the City ofKerrville, Texas (Chapter 60, Code ofOrdinances) ("Zoning Code"), and in particular, thej procedures for obtaining a CUP; having given the requisite notices by United States mail, publication, and otherwise; and after holding a public hearing and affording a full and fair hearing to all property owners generally and particularly to those interested persons situated in the affected area and in the vicinity thereof, has recommended that City Council grant the CUP applied for and referenced herein, subject to the special conditions and  restrictions set out hereinafter and applied to the Property; and  WHEREAS, City Council, in compliance with state law and the Zoning Code, and likewise having given the requisite notices and holding a public hearing on December 13, 2022, finds that the health, safety, and general welfare will be best served by the granting of the CUP as: recommended by the Commission and referenced  herein on the Property;  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SECTION ONE. A Conditional Use Permit is granted to permit the Property described as follows, and located within a Medium Density Residential Zoning District (R-2), to be developed and used for a Short-Term Rental Unit ("STRU") as that term is defined in and pursuant to the Zoning Code, such use. subject to the provisions of  THE CITY OF KERRVILLE, KERR COUNTY, TEXAS:  this Resolution and other City ordinances and regulations:  Legal Description: consisting ofLot H, ofl Block 5, out of the Pueblo Hills Addition, and being depicted on the location map and site plan found at Exhibit A. Address: 1916Leslie, Kerrville, TX 78028.    SECTION TWO. In addition to the development: and use regulations currently applicable to the Property, development and use of the Property is subject to the A. Guest Notification: The owner o1 operator of the Property shall post a guest notification" in a conspicuous place within the STRU on the Property, said  following additional conditions:  notification which is attached as. ExhibitB.  B. Local Contact: The owner 01 operator of the Property shall provide the City's Director of Development Services ("Director"), with contact information for a local representative, which may include themselves. The local representative must be able to respond to a City employee o1 guest of the STRU within two hours after being notified of an emergency, Should a change occur to the contact information, the owner O1 operator of the Property shall update the Director in writing with the new: information within three business days ofany such change. C. Occupancy Taxes: The owner o1 operator of the Property shall comply with the City's occupancy tax requirements as found within Ch. 94, Division III, of  the City's Code of Ordinances.  D. Sign: The Property may not use more than one. non-illuminated, on-site sign, in conjunction with the STRU. The sign may either be: (i): flush-mounted to one of the residential structures and may not exceed one-square foot in size; 01, (ii) freestanding and placed in the front yard but no closer than 20 feet to any property line and may not exceed six square feet in size and three feet in height.  Any such sign shall comply with the City's Sign Code.  E. Parking: The Property must include at a minimum, one (1) off-street parking space per bedroom, plus an additional space for the manager, if  living off-site.  F. Maximum Occupancy: The Property is subject to a maximum occupancy of ten (10) guests, which may be lower per rules set by the owner or  operator.  G. Other Zoning Regulations: The regulations set forth in this Resolution are in addition to those set forth in the Zoning Code, as may be amended or superseded. In the event of any irreconcilable conflict between this Resolution and the regulations set forth in the Zoning Code, the provisions of this SECTION THREE. This Resolution and the CUP granted herein are subject  Resolution will prevail.  Page 2 of3  Reso. No. 83-2022    to termination in accordance with the Zoning Code.  SECTION FOUR. City Council finds and determines that its adoption of this Resolution promotes the health, safety, and general welfare of the public and is a  proper valid exercise of the City's police powers.  SECTION FIVE. Ifany section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid o1 unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining  portions thereof.  SECTION SIX. This Resolution is effective upon adoption.  PASSED AND APPROVED ON this the,  day of  A.D., 2022.  Judy Eychner, Mayor ATTEST:  APPROVEI). AS TOJ FORM: Michael C. Hayes, City Attorney zch  Shelley McElhannon,  City Secretary  Page 3 of3  Reso. No. 83-2022    EXHIBIT A  1944 1940 09367 0932 1928 1924 1920 0916 092 0908 0904  810  812  WoydorN  1810),  KPUB, SDA MNS  Location Map Case # PZ-2022-068 Location: 1916 Leslie Dr N  KERRL  Legend  N  200' Notification Area Subject Properties  25 50 Scale In Feet  100  This product is fori informational purposes and may not! have been prepared for or bes suitable forl legal, engineering, ors surveying purposes. It does not  represent an on-I the-ground survey: and represents onlya approximate relativel locations.    EXHIBIT A  PZ-2022-68  1916 Leslie Drive = Proposed CUP for STR 3 bedrooms with 4 parking spaces  LESLIE DRIVE (A.K.A. LESIE pAurs N. 70'n n,0.V.) L2( (F.M.) WN L(PLAT) 6  CURD  (vol. 1' UTILITT s, n. SeNT 143)  25' BLDG. SETBACK  (PLAT) LS (F.M.)  713 (PLAT) L4 (F.M.)  coVrnzu  TWo STORY Ee B BRICK 107 H, BLOCK 5 3036 SQ. FT. 0.07 ACRES CONE rar7o, 3' COMS sDPLA capc, SIIA 5(PLAT) 1G C (F.M.)  LoT I  B B  LOT C:  L03  174.22  ADGK or PVMT.    EXHIBIT B  KERR;  SHORT TERM RENTAL CONDITIONAL USE PERMIT GUEST NOTIFICATION  7889 TEXAS  CUP Resolution Number  83-2022  This short term rental has been permitted by the City of Kerrville as a conditional use under the above referenced resolution within a residential neighborhood and requires all guests to be aware Because this short term rental is located within a residential neighborhood, proper etiquette should be observed at all times. The conditional use permit was issued in an effort "to preserve the health,safety,and general welfareofadjacent property and its occupants and toj protect such property and occupants from excessive noise, vibration, dust, dirt smoke, fumes, gas, odor, traffic, explosion, glare, surface water drainage, offensive view, or other undesirable hazardous As a guest, please be aware of the proximity of your neighbors and be respectful oft their right to privacy, a quiet environment, and unobstructed. access to their property. Loud music, loud parties and excessiver noise should be avoided. Parking should be limited to onsite parking spaces provided by short term rental management. Place trash and recycling in the appropriate containers. As per the Conditional Use Permit, the maximum occupancy is ten (10) guests. The Short Term Rental owner may have other occupancy restrictions for fewer guests, however, in no case shall If you should have any questions regarding this notification, please contact the short term rental  ofthe following:  conditions...."  guest occupancy excced ten (10) guests.  management. Name: Contact Number: Thank you!  This Guest Notification should be posted by short term rental management in a location clearly visible by all guesls and provided with check-in information. Posting of duplicate copies ofthis Guest Notification within each guest room is highly encouraged to clearly commnicate the  importance ofproper etiquetle wilhin a residential neighborhood. Thank you!    From: To: Subject: Date:  PatAnderson Planning Division Hearing case PZ-2022-68 Wednesday, November 2, 2022 1:22:06F PM  EXTERNAL EMAIL: This cmail originated from outside of the organization. Do not click links or open IPatricia Anderson, vote NO on the: short term rental on) Lot H, block 5, Pueblol Hills,1916Leslic Dr N, Kerrville,  attachments unless yous recognize the sender and know the content is safe.  TX 78028. Patricia Anderson 1936Leslie Dr. Kerrville TX 78028 Sent from my iPad    From: To: Subject: Date:  HartSimpson Planning Division Case V22022678P2-202268 Wednesday, November 2, 2022 10:35:07 AM  EXTERNAL EMAIL: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know  the content is safe. ToV Whom it May Concern:  Bierschwale Properties LLCi is the owner of 1928 Leslie Drive and within the 200' radius regarding Case PZ-2022-67 & PZ-2022-68, Bierschwale Properties LLC is opposed to the granting ofa  Conditional Use Permit for Short Term Rental in both of these cases.  Regards,  Hart Simpson, Property Manager Bierschwale Pronerties, LLC  2 Vinus-free.awavg.com    Oase PZ-2022-67 Casz PZ-2023-63  Doune bour tounholsts 1  Slis ATa aud A deuistroy  opposz lis aclis  George Anne Schoochelon QeoneQui ol.usctlglnsa    EMEIR TEXAS SUBJECT:  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  Resolution No. 84-2022. A Resolution granting a Conditional Use Permit for a Short Term Rental on the property consisting of Lot F, Block 5, Pueblo Hills Addition; and more commonly known as 1924 Leslie; said property is located within a Medium Density Residential Zoning District (R-2); and making said permit subject to conditions and AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 23, 2022  restrictions.  SUBMITTED BY: Drew Paxton, Planning Director  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  NIA  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item Proposal  N/A N/A  SUMMARY STATEMENT:  A resolution to allow a Conditional Use Permit for a Short Term Rental on Lot F, Block 5, Pueblo Hills; and  more commonly known as 1924 Leslie Dr N, Kerrville, TX 78028.  Procedural Requirements  The City, in accordance with state law, mailed 26 letters on 10/19/2022 to adjacent property owners. The City published a similar notice in the Kerrville Daily Times on 10/13/2022. In addition, an informational sign was posted at the front of the property on 10/25/2022. At the time of drafting this Agenda Bill, five comments  in opposition had been received. Staff Analysis and Recommendation.    Adjacent Zoning and Land Uses: Subject Property  Current Zoning: R-2 Medium Density Residential Existing Land Use: Townhomes Direction: North, South, West, East Current Zoning: R-2 Medium Density Residential Existing Land Uses: Townhomes  Consistency with the Kerrville 2050 Comprehensive Plan:  The subject property and surrounding residential areas are designated as Transitional Residential (TR). Since the underlying zoning is not changing for the subject property, the request is consistent with the Kerrville  2050 Comprehensive Plan. Thoroughfare Plan: Traffic Impact: No traffic impact is anticipated. Parking:  The subject property is located on a residential street.  A: Short Term Rental requires one off-street parking space per bedroom and one additional off-street parking space for a manager, if the manager does not live onsite. This property has 3 bedrooms and no onsite manager sO 4 off-street parking spaces are required. The applicant has identified 4 available off-street  parking spaces, meeting the off-street parking requirement.  Recommendation:  Because the Conditional Use Permit request is consistent with the Kerrville 2050 Comprehensive Plan, will meet all zoning regulations, and there are amenities in close proximity to this proposed Short Term Rental location, staff recommends approval with consideration and inclusion of the following Proposed CUP On November 3rd, the Planning and Zoning Commission recommended the case for approval with a 4-2  Conditions. vote.  Proposed CUP Conditions for Short Term Rental:  A. Guest Notification: The owner or operator of the Property shall post "Guest Notification" in a conspicuous place within the rental unit on the Property. Guest Notification is shown on the following page. B. Local Contact: The owner or operator of the Property shall provide the City with contact information for a C. Occupancy Taxes: The owner or operator of the Property shall comply with the City's occupancy tax D. Sign: The Property may not use more than one non-lluminated, on-site sign, in conjunction with its Short Term Rental unit. The sign may either be: () flush-mounted to one of the residential structures and may not exceed one-square foot in size; or, (i) freestanding and placed in the front yard but no closer than 20 feet to any property line and not exceeding six square feet in size and three feet in height. Any such sign shall  local representative, within approximately two hours distance.  requirements as found within Ch. 94, Division III, of the City's Code of Ordinances.    comply with the City's Sign Code.  E. Minimum Off-Street Parking: One space per bedroom, plus parking required for the manager, if living F.M Maximum Occupancy: The maximum occupancy for any Short Term Rental is ten (10) guests. Short term rental owner / operator may set occupancy limits at less than ten (10) guests, however, in no case shall G.Other Zoning Regulations: The regulations set forth in this Resolution are in addition to those set forth inthe Zoning Code, as may be amended or superseded. In the event of any irreconcilable conflict between this Resolution and the regulations set forth in the Zoning Code, the provisions of this Resolution will prevail.  off-site.  occupancy limits exceed ten (10) guests.  RECOMMENDED ACTION:  Approve Resolution No. 84-2022.  ATTACHMENTS: Leslie.pdf  20221213_Reso 84-2022 CUP 1924 Leslie.pdf  20221213_Letters opposed_Anderson Bierschwale Fields Hines Ivy Schwethelm 1924    CITY OF KERRVILLE, TEXAS RESOLUTION NO. 84-2022  ARESOLUTION GRANTING A CONDITIONAL USE PERMITTO AUTHORIZE A SHORT-TERM RENTAL UNIT ON THE PROPERTY CONSISTING OFLOT F, BLOCK 5, PUEBLO HILLS ADDITION; AND MORE COMMONLY KNOWN AS 1924 LESLIE; SAID PROPERTY IS LOCATED WITHIN A MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT (R-2); AND MAKING SAID PERMIT SUBJECTTO CONDITIONS AND RESTRICTIONS  WHEREAS, the owner of the property known as 1924 Leslie and depicted on the location map and site plan found at Exhibit. A (the Property"), said exhibit being attached hereto and made a part hereof for all purposes, is requesting approval of a Conditional Use Permit ("CUP") to authorize a short-term rental unit on the Property, which is located within a Medium Density Residential Zoning District (R-2); and  WHEREAS, the City Planning and Zoning Commission (the Commission'"), in compliance with state law and the Zoning Code oft the City ofKerrville, Texas (Chapter 60, CodeofOrdinances) ("Zoning Code"), and in particular, thej procedures for obtaining a CUP; having given the requisite notices by United States mail, publication, and otherwise; and after holding a public hearing and affording a full and fair hearing to all property owners generally and particularly to those interested persons situated in the affected area and in the vicinity thereof, has recommended that City Council grant the CUP applied for and referenced herein, subject to the special conditions and  restrictions set out hereinafter and applied to the Property; and  WHEREAS, City Council, in compliance with state law and the Zoning Code, and likewise having given the requisite notices and holding a public hearing on December 13, 2022, finds that the health, safety, and general welfare will be best served by the granting oft the CUP as recommended by the Commission and referenced  herein on the Property;  NOW, THEKEFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SECTION ONE. A Conditional Use Permit is granted to permit the Property described as follows, and located within a Medium Density Residential Zoning District (R-2), to be developed and used for a Short-Term Rental Unit ("STRU") as that term is defined in and pursuant to the Zoning Code, such use subject to the provisions of  THE CITY OF KERRVILLE, KERR COUNTY, TEXAS:  this Resolution and other City ordinances and regulations:  Legal Description: consisting ofLot F, of Block 5, out of the Pueblo Hills Addition, and being depicted on the location map and site plan found at Exhibit A. Address: 1924 Leslie, Kerrville, TX 78028.    SECTION TWO. In addition to the development: tand use regulations currently applicable to the Property, development and use of the Property is subject to the A. Guest Notification: The owner or operator of the Property shall post a "guest notification" in a conspicuous place within the STRU on the Property, said  following additional conditions:  notification which is attached as. Exhibit B.  B. Local Contact: The owner 01 operator of the Property shall provide the City's Director of Development Services (Director"), with contact information for a local representative, which may include themselves. The local representative must be able to respond to a City employee o1 guest of the STRU within two hours after being notified of an emergency. Should a change occur to the contact information, the owner 01 operator of the Property shall update the Director in writingwith the new: information within three business days ofany such change. C. Occupancy Taxes: The owner 01 operator of the Property shall comply with the City's occupancy tax requirements as found within Ch. 94, Division III, of  the City's Code of Ordinances.  D. Sign: The Property may not use more than one non-illuminated, on-site sign, in conjunction with the STRU. The sign may either be: (i) flush-mounted to one oft the residential structures and may not exceed one-square foot: in size; or, (ii) freestanding and placed in the front yard but no closer than 20 feet to any property line and may not exceed six square feet in size and three feetin height.  Any such sign shall comply with the City's Sign Code.  E. Parking: The Property must include at a minimum, one (1) off-street parking space. per bedroom, plus an additional space for the manager, if  living off-site.  F. Maximum Occupancy: The Property is subject to a maximum occupancy of ten (10) guests, which may be lower per rules set by the owner or  operator.  G. Other Zoning Regulations: The regulations set forth in this Resolution are in addition to those set forth in the Zoning Code, as may be amended 01 superseded. In the event of any irreconcilable conflict between this Resolution and the regulations set forth in the Zoning Code, the provisions of this SECTION THREE. This Resolution and the CUP granted herein are subject  Resolution will prevail.  Page 2 of3  Reso. No. 84-2022    to termination in accordance with the Zoning Code.  SECTION FOUR. City Council finds and determines that its adoption of this Resolution promotes the health, safety, and general welfare of the public and is a  proper valid exercise of the City's police powers.  SECTION FIVE. Ifany section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held inyalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining  portions thereof.  SECTION SIX. This Resolution is effective upon adoption.  PASSED AND APPROVED ON this the  day of  A.D., 2022.  Judy Eychner, Mayor  APPROVEP/ ASTOFORM: WeA  ATTEST:  C77  Michael C. Hayes, City'Attorney  Shelley McElhannon, City Secretary  Page 3 of3  Reso. No. 84-2022    EXHIBITA  1944 0940 09361 0932 1928 1924 0920 0916 0912 0908 0904  810  812  814  WaydDrN  181Q  oF Gerile. KPURUSDA INNS  Location Map Case # PZ-2022-067 Location: 1924 Leslie Dr N  Legend  W  200' Notification Area Subject Properties  30 60 Scale In Feet  120  This producti is fori informational purposes andi may not! have been prepared for ort bes suitable for legal, engineering, ors surveying purposes. lldoes not  represent and on-I the- ground survey: andr represents only approximate relativel locations.    EXHIBIT, A LEGEND PROPERTY CORNER o TELEPHONE PEDESTAL O WATER METER 0 CATV PEDESTAL o FIRE HYDRANT & TRANSFORMER BRICK WALL EDGE OF PAVDIENT 02.5' FND. 1/2" OFFSET I.R.  BEARINGS ARE BASED ON PLAT RECORDED IN VOLUME 3, PAGE 143, DEED AND PLAT RECORDS OF KERR COUNTY, TEXAS,  10 B Dmings Scalo: 1"20, Papors Sto:0.5x14  S9'11'00"W 34.25' CONC, WALK LOT F 23.9' 2 STORY BRICK RESIDENCE #1924 ? CONC. PATIO  N849'57"E 123.22 TO FND.1/2"1R.  FND,. 1/2" I.R ASPHALT PAVEMENT 02.5' OFFSET    2 3  AEDRPONS 4 PMAEM6 LOT G  9  LOT E  S9'11'00"W: 0.25'  -PMENG  25' BUILDING LINE VOLUME 3, PAGE 143  ALT PAVEMENT UNDEEGROUND Do UTILITY ESMT.. N9'11'00"E 34.50'  N9'11'O0'E 67.79' TO FND.1/2".R. VOLUME 3, PAGE 143  0  LESLIE DRIVE 70' WIDE R.0.W. BUYER:  This survey was performed without the benefit ofa title commitment. SURVEY PLAT OF LOTF,BLOCK5, PUEBLOHILLS,A SUBDIVISION INI KERRO COUNTY, TEXAS, ACCORDING TOTHEN MAP ORF PLATT THEREOF RECORDEDI IN VOLUME3, PAGE 143, DEED AND PLATI RECORDS OFI KERR COUNTY, TEXAS. ADDRESS: LESLIE DRIVE KERRVILLE, TEXAS 78028  CWa Bwrveyimg P.O, Box6 692202 SanA Antonlo, TX7 78269 210-613-2097, 210-558-0396  ,Kovin Rayl Wilson, Roglslorod Profosslonall Land Survoyor numbor 5787, doh horeby cortify thata survoyy wasi mado ont the ground, under my supervislon, ond datoc ofSoptomber 19, 2021,ofthe proportyhoroond doscribod, andI Ido doclaro thoro  210-690-82411 Fax, Flmm# #10052900 arer noo conflcts known tor moe excopta ast shown.  J0B NO. 6799    EXHIBIT B  KER)  SHORT TERM RENTAL CONDITIONAL USE PERMIT GUEST NOTIFICATION  1889 IEXAS  CUP Resolution Number  84-2022  This short term rental has been permitted by the City of Kerrville as a conditional use under the above referenced resolution within a residential neighborhood and requires all guests to be aware Because this short term rental is located within a residential ncighborhood, proper etiquette should be observed at all times. The conditional use permit was issued in an effort "to preserve. the health, safety, and general lelfareofadjacent property and its occupants and toj protect S such property and occupants from excessive noise, vibration, dust, dirt smoke, fumes, gas, odor, traffic, explosion, glare, surface water drainage, offensive view, or other undesirable hazardous As a guest, please be aware of the proximity of your neighbors and be respectful of their right to privacy, a quiet environment, and unobstructed access to their property. Loud music, loud parties and excessive noises should be avoided. Parking should bel limited to onsite parking spaces provided by short term rental management. Place trash and recycling in the appropriate containers. As per the Conditional Use Permit, the maximum occupancy is ten (10) guests. The Short Term Rental owner may have other occupancy restrictions for fewer guests, however, in no case shall If you should have any questions regarding this notification, please contact the short term rental  oft the following:  conditions..."  guest occupancy exceed ten (10) guests.  management. Name: Contact Number: Thank you!  This Guest Notification should be posted by short term rental management in a localion clearly visible by all guesls and provided with check-in information. Posting of duplicate copies ofthis Guest Notification within each guest room is highly encouraged lo clearly communicate the importance ofproper etiquette within a residential neighborhood. Thank you!    From: To: Subject: Date:  PatAnderson Planning Division Hearing case PZ-2022-67 Wednesday, November 2, 2022 1:16:08 PM  EXTERNAL: EMAIL: This email originated from outside of the organization. Do not click links or open IPatricia Anderson, vote NO on the Short termi rental on) Lot) FE Block 51 Pueblo Hills (1924 Leslie Dr. Kerrville" TX.  attachments unless your recognize the sender and know the content is safe.  Patricia Anderson 19361 Leslie Dr Kerrville TX Sent from my iPad    From: To: Subject: Date:  Hart Simpson Planning Division Case PZ-2022-671 &PZ-2022-68 Wednesday, November 2, 2022 10:35:07 AM  EXTERNAL EMAIL: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know  the content is safe. To Whom it May Concern:  Bierschwale Properties LLCis the owner of 1928 Leslie Drive and within the 200' radius regarding Case PZ-2022-67 & PZ-2022-68. Bierschwale Properties LLCI is opposed to the granting of a  Conditional Use Permit for ShortTerm Rental in both of these cases.  Regards,  Hart Simpson, Property Manager Bierschwale Properties, LLC  2 Vnus-ree.ww.awg.com    PZ-2022-67  Oullok  o Search Send  1 IT  MA Mewmessage C sis estate CO Junk Email Drafts Sent Items Century Scheduled Deleted Items 548 air tran Sherpa Archive Notes besttmers BOGGS Wedding CASA  Attach V  Discard : O D  E 89 A  LotF F, Block 5 PuebloH Hills; Commonly known as 1924 Leslie Driv... Ini response to the application of the owner of the: above captioned property to use the property for short term rental, Istrongly object. Idonot reside ini the 200 feet range, however, lam: an owner in residence of 1904/ A Leslie Drive and all owners will be affected by the: shortt term rental use oft the property, First, and foremost, the Covenant and By- Lawso of the Pueblo Hills Townhouse Association govern ALL properties of the association. These documents specifically set forth that no unit is to be used as/for a business and that each propertyi ist tol be used as a single family residence. Therefore I believe that without considering other issues, this property should not be permitted to be ashort term rental property, As a owner of 1924 Leslie Drive, the petitioning party: should have read the Covenant and By-Laws and ask the Board before going to the City for permission to refuse to be governed byt the Association Covenant and By- Laws, All of the current owners in residence and owners that rent their properties to single parties or single families are in compliance with the Covenant and By Laws. On the practical side of this issue, allowing a short term rental will result in more traffic, both pedestrian and vehicular, and result in disturbance of the residents within the 200 feet of 1924. It will exacerbate an already existing parking problem. Long term residence tend to come and go in the normal fashion and my personal experience withs short term rentals, there isa al lot more coming and going on a daily basis by short Acorinevrespectiuly request that tha Planning and Zoning Commission uphold the Covenant and By-Laws of the Pueblo Hills Townhouse Association and deny the owner's request for a permit for short term rental oft the property. Respecbtiully submitted: Janet e, Fields-Himes, 1904 AL Leslie Drie nuln Mnmmll TV oon onn CAne ewrllo TY 7806  607 28  3  any  EB  1 4  2  ConversationHis.. Hacked docs PayPal Spambox Unwanted Create new folder Groups  termrenters.  7 303   Callbri Sund  12 Discard  B I U DVA sbralve A 3:08PM  New group.    From: To: Cc: Subject: Date:  Helen Iw Planning Division Case PZ-2022-67 Sunday, October 23, 2022 6:30:09 PM  EXTERNAL EMAIL: This cmail originated from outside of the organization. Do not click links or open  attachments unless you) recognize the sender and know the content is safe,  October 23, 2022  Ioppose the proposal of permit for short term rental. Each owner received a copy ofPueblol Hills Townhouse Association Bylaws when they purchased this property. Bylaws clearly states "single family residence." That means no room: mate rentals. HOAI Bylaws also states thej property cannot be used for business purposes. Short term rental  isab business. Case PZ-2022-67 HelenJIvy 1901 Leslie drive, UnitJ Kerrville TX 78028 Opposed    Oase PZ-3022-67 Casz PZ-2023-68  Toun boun touncholsts dh  slis AITOL arg 4 deguibroy  opposz ls aclis  George Anne Schochelon QeorQus olustlRlan    KERRD IEXAS SUBJECT:  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  Resolution No. 85-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of Lot 14, Block 2, Galleria Estates Addition; and more commonly known as 811 Lloyd; said property is located within a Single- Family Residential Zoning District (R-1); and making said permit subject to conditions and AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 23, 2022  restrictions.  SUBMITTED BY: Drew Paxton, Planning Director  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  NIA  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item Proposal  N/A N/A  SUMMARY STATEMENT:  Ar resolution to allow a Conditional Use Permit for a Short Term Rental on Lot 14, Block 2, Galleria Estates;  and more commonly known as 811 Lloyd Dr N, Kerrville, TX 78028.  Procedural Requirements  The City, in accordance with state law, mailed 35 letters on 10/19/2022 to adjacent property owners. The City published a similar notice in the Kerrville Daily Times on 10/13/2022. In addition, an informational sign was posted at the front of the property on 10/25/2022. At the time of drafting this Agenda Bill, one comment  had been received.  Staff Analysis and Recommendation    Adjacent Zoning and Land Uses: Subject Property  Current Zoning: R-1 Single-Family Residential Existing Land Use: Single-family residential Direction: North, South, West, East Current Zoning: R-1 Single-Family Residential Existing Land Uses: Single-family residential  Consistency with the Kerrville 2050 Comprehensive Plan:  The subject property and surrounding residential areas are designated as Transitional Residential (TR). Since the underlying zoning is not changing for the subject property, the request is consistent with the Kerrville  2050 Comprehensive Plan. Thoroughfare Plan: Traffic Impact: No traffic impact is anticipated. Parking:  The subject property is located on a residential street.  AS Short Term Rental requires one off-street parking space per bedroom and one additional off-street parking space for a manager, if the manager does not live onsite. This property has 4 bedrooms and no onsite manager sO 5 off-street parking spaces are required. The applicant has identified 6 available off-street  parking spaces, meeting the off-street parking requirement.  Recommendation:  Because the Conditional Use Permit request is consistent with the Kerrville 2050 Comprehensive Plan, will meet all zoning regulations, and there are amenities in close proximity to this proposed Short Term Rental location, staff recommends approval with consideration and inclusion of the following Proposed CUP On November 3rd, the Planning and Zoning Commission recommended the case for approval with a 4-2  Conditions. vote.  Proposed CUP Conditions for Short Term Rental  A. Guest Notification: The owner or operator of the Property shall post "Guest Notification" in a conspicuous place within the rental unit on the Property. Guest Notification is shown on the following page. B. Local Contact: The owner or operator of the Property shall provide the City with contact information for: a C. Occupancy Taxes: The owner or operator of the Property shall comply with the City's occupancy tax D. Sign: The Property may not use more than one non-lluminated, on-site sign, in conjunction with its Short Term Rental unit. The sign may either be: () flush-mounted to one of the residential structures and may not exceed one-square foot in size; or, (i) freestanding and placed in the front yard but no closer than 20 feet to any property line and not exceeding six square feet in size and three feet in height. Any such sign shall  local representative, within approximately two hours distance.  requirements as found within Ch. 94, Division III, of the City's Code of Ordinances.    comply with the City's Sign Code.  E. Minimum Off-Street Parking: One space per bedroom, plus parking required for the manager, if living F.M Maximum Occupancy: The maximum occupancy for any Short Term Rental is ten (10) guests. Short term rental owner 1 operator may set occupancy limits at less than ten (10) guests, however, in no case shall G. Other Zoning Regulations: The regulations set forth in this Resolution are in addition to those set forth int the Zoning Code, as may be amended or superseded. In the event of any irreconcilable conflict between this Resolution and the regulations set forth in the Zoning Code, the provisions of this Resolution will prevail.  off-site.  occupancy limits exceed ten (10) guests.  RECOMMENDED ACTION:  Approve Resolution No. 85-2022.  ATTACHMENTS:  20221213_Reso 85-2022 CUP 811 Lloyd.pdf 20221213_Letter in favor- - Schwartzkopf 811 Lloyd.pdf    CITY OF KERRVILLE, TEXAS RESOLUTION NO. 85-2022  ARESOLUTION GRANTING A CONDITIONAL USE: PERMITTO AUTHORIZE A SHORT-TERM RENTAL UNIT ON THE PROPERTY CONSISTING OF LOT 14, BLOCK 2, GALLERIA ESTATES ADDITION; AND MORE COMMONLY KNOWN AS 811 LLOYD; SAID PROPERTY IS LOCATED WITHIN A SINGLE- FAMILY RESIDENTIAL ZONING DISTRICT (R-1); AND MAKING SAID PERMIT SUBJECT TO CONDITIONS AND  RESTRICTIONS  WHEREAS, the owner of the property known as 811 Lloyd and depicted on the location map found at Exhibit A (the Property"), said exhibit being attached hereto and made a part hereof for all purposes, is requesting approval of a Conditional Use Permit ("CUP") to authorize a short-term rental unit on the Property, which is located  within a Single-Family Residential Zoning District (R-1); and  WHEREAS, the City Planning and Zoning Commission (the "Commission"), in compliance with state law and the Zoning Code oft the City ofKerrville, Texas (Chapter 60, CodeofOrdinancos) ("Zoning Code"), and inj particular, thej procedures forobtaining a CUP; having given the requisite notices by United States mail, publication, and otherwise; and after holding a public hearing and affording a full and fair hearing to all property owners generally and particularly to those interested persons situated in the affected area and in the vicinity thereof, has recommended that City Council grant. the CUP applied for and referenced herein, subject to the special conditions and  restrictions set out hereinafter and applied to the Property; and  WHEREAS, City Council, in compliance with state law and the Zoning Code, and likewise having given the requisite notices and holding a public hearing on December 13, 2022, finds that the health, safety, and general welfare will be best served by the granting of the CUP as recommended by the Commission and referenced  herein on the Property;  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SECTION ONE. A Conditional Use Permit is granted to permit the Property described as follows, and located within a Single-Family, Residential Zoning District (R-1), to be developed and used for a Short-Term Rental Unit ("STRU") as that term is defined in and pursuant to the Zoning Code, such use subject to the provisions of  THE CITY OF KERRVILLE, KERR COUNTY, TEXAS:  this Resolution and other City ordinances and regulations:  Legal Description: consisting of Lot 14, Block 2, out of the Galleria Estates Addition, and being depicted on the  location map at Exhibit A.  Address: 811 Lloyd, Kerrville, TX 78028.    SECTION TWO. In addition to the development and use regulations currently applicable to the Property, development and use of the Property is subject to the A. Guest Notification: The owner o1 operator of the Property shall post a "guest notification" in a conspicuous place within the STRU on the Property, said  following additional conditions:  notification which is attached as ExhibitB.  B. Local Contact: The owner or operator of the Property shall provide the City's Director of Development Services ("Director"), with contact information for a local representative, which may include themselves. The local representative must be able to respond to a City employee o1 guest of the STRU within two hours after being notified of an emergency. Should a change occur to the contact information, the owner o1 operator of the Property shall update the Director in writing with the new information within three business daysofany such change. C. Occupancy Taxes: The owner o1 operator of the Property shall comply with the City's occupancy tax requirements as found within Ch. 94, Division III, of  the City's Code of Ordinances.  D. Sign: The Property may not use more than one non-illuminated, on-site sign, in conjunction with the STRU. The sign may either be: (i) flush-mounted to one of the residential structures and may not exceed one-square foot in size; or, (ii) freestanding and placed in the front yard but no closer than 20 feet to any property line and may not exceed six square feet in size and three feet in height.  Any such sign shall comply with the City's Sign Code.  E. Parking: The Property must include at a minimum, one (1) off-street parking space per bedroom, plus an additional space for the manager, if  living off-site.  F. Maximum Occupancy: The Property is subject to a maximum occupancy of ten (10) guests, which may be lower per rules set by the owner or  operator.  G. Other Zoning Regulations: The regulations set forth in this Resolution are in addition to those set forth in the Zoning Code, as may be amended or superseded. In the event of any irreconcilable conflict between this Resolution and the regulations set forth in the Zoning Code, the provisions of this SECTION THREE. This Resolution and the CUP granted herein are subject  Resolution will prevail.  Page 2 of3  Reso. No. 85-2022    to termination in accordance with the Zoning Code.  SECTION FOUR. City Council finds and determines that its adoption of this Resolution promotes the health, safety, and general welfare of the public and is a  proper valid exercise of the City's police powers.  SECTION FIVE. Ifany section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining  portions thereof.  SECTION SIX. This Resolution is effective upon adoption.  PASSED AND APPROVED ON this the,  day of  A.D., 2022.  Judy Eychner, Mayor ATTEST:  PPROYEPABTOPORM: CK  Michael C. Hayes, CityAttorney  Shelley McElhannon,  City Secretary  Page 3 of3  Reso. No. 85-2022    EXHIBITA  800  801  804 806  803  800  808  802  805, 807  810  812  804  809  814  806  811  808  813  810  WoydDrN  807  812  809  814,  800  816  813  818  305  820  817  apiktIN KPUE, USDy  819  Location Map Case # PZ-2022-065 Location: 811 Lloyd Dr N  KERR EXAS 120  Legend  W  200' Notification Area Subject Properties  30 60 Scale In Feet  This producti is fori informational purposes andi may not! have been prepared for or be suitable forl legal, engineering, ors surveying purposes. ILC does not  represent and on-the-ground: surveya andr represents only approximate relativel locations.    811 Lloyd Dr  All  Street View & 360°  This is from Google Maps. We have 4 Bedrooms, and parking for 6 cars. 2 in the garage, And 4 on the driveway. You can see by using the camper for reference that 4 cars will  Fit on the driveway without using the apron.    EXHIBIT B  KERR  SHORT TERM RENTAL CONDITIONAL USE PERMIT GUEST NOTIFICATION  1889 EXAS  CUP Resolution Number  85-2022  This short term rental has been permitted by the City of Kerrville as a conditional use under the above referenced resolution within a residential neighborhood and requires all guests to be aware Because this short term rental is located within a residential neighborhood, proper etiquette should be observed at all times. The conditional use permit was issued in an effort "to preserve the health,safety,a and emeralwelarofadaemt property and its occupants and to protectsuch property and occupants from excessive noise, vibration, dust, dirt smoke, fumes, gas, odor, traffic, explosion, glare, surface water drainage, offensive view, or other undesirable hazardous As a guest, please be aware of the proximity of your neighbors and be respectful oft their right to privacy, a quiet environment, and unobstructed access to theirj property. Loud music, loud parties and excessiver noise should be avoided. Parking: should bel limited to onsite parkings spaces provided by short term rental management. Place trash and recycling in the appropriate containers. As per the Conditional Use Permit, the maximum occupancy is ten (10) guests. The Short Term Rental owner may have other occupancy restrictions for fewer guests, however, in no case shall If you should have any questions regarding this notification, please contact the short term rental  ofthe following:  conditions...."  guest occupancy exceed ten (10) guests.  management. Name: Contact Number: Thank you!  This Guest Notification should be posted by short term rental management in a location clearly visible by all guests and provided with check-in information. Posting of duplicate copies ofthis Gues! Notification within each gues! room is highly encouraged to clearly communicate the  importance ofl proper etiquette within a residential neighborhood. Thank youl    Dear Glamiag And Eaak  Shase luse& in tle Aaclena Ealales  since 1996 at 809 nice   briies - tia   near destt  course  Gete 7 Uhanen Kamits  te  net dooz at BIK  Daive  heens a STR Aunces  enhance RE  53  EAL  Roala Dhay have made  There has hever een  issied wdll the quesb. St 6 g  E  nental ande  queit 4 Oalunyo vlry  hh E5  wil a  the house and  ane flease to vale Kenwicle  -  a ouA nilBrlom  809  Bemoile  H8038  E  CaseNumber PZ-2022-65    KERRI IEXAS SUBJECT:  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  Resolution No. 86-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of Lots 4, 5, &6 6, Block 8 Hillcrest Addition; and more commonly known as 1001 Prescott; said property is located within a Single-Family Residential Zoning District (R-1); and making said permit subject to conditions and AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 23, 2022  restrictions.  SUBMITTED BY: Drew Paxton, Planning Director  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  NIA  N/A  PAYMENT TO BE MADE TO: NIA Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item Proposal  N/A N/A  SUMMARY STATEMENT:  Are resolution to allow a Conditional Use Permit for a Short Term Rental on parts of Lots 4; 5,&6 6, Block 8  Hillcrest, Kerrville; and more commonly known as 1001. Prescott St., Kerrville, TX 78028.  Procedural Requirements  The City, in accordance with state law, mailed 24 letters on 10/19/2022 to adjacent property owners. The City published a similar notice in the Kerrville Daily. Times on 10/13/2022. In addition, an informational sign was posted at the front of the property on 10/25/2022. At the time of drafting this Agenda Bill, no comments  had been received.  Staff Analysis and Recommendation    Adjacent Zoning and Land Uses: Subject Property  Current Zoning: R-1 Single-Family Residential Existing Land Use: Single-family residential Direction: North, South, West, East Current Zoning: R-1 Single-Family Residential Existing Land Uses: Single-family residential  Consistency with the Kerrville 2050 Comprehensive Plan:  The subject property and surrounding residential areas are designated as Neighborhood Residential (NR). Since the underlying zoning is not changing for the subject property, the request is consistent with the  Kerrville 2050 Comprehensive Plan. Thoroughfare Plan: Traffic Impact: Parking:  The subject property is located on a residential street.  No traffic impact is anticipated.  A: Short Term Rental requires one off-street parking space per bedroom and one additional off-street parking space for a manager, if the manager does not live onsite. This property has 2 bedrooms and no onsite manager so 3 off-street parking spaces are required. The applicant has identified 4 available off-street  parking spaces, meeting the off-street parking requirement.  Recommendation:  Because the Conditional Use Permit request is consistent with the Kerrville 2050 Comprehensive Plan, will meet all zoning regulations, and there are amenities in close proximity to this proposed Short Term Rental location, staff recommends approval with consideration and inclusion of the following Proposed CUP On November 3rd, the Planning and Zoning Commission recommended the case for approval with a 4-2  Conditions. vote.  Proposed CUP Conditions for Short Term Rental  A. Guest Notification: The owner or operator of the Property shall post "Guest Notification" in a conspicuous place within the rental unit on the Property. Guest Notification is shown on the following page. B. Local Contact: The owner or operator of the Property shall provide the City with contact information for a C. Occupancy Taxes: The owner or operator of the Property shall comply with the City's occupancy tax D. Sign: The Property may not use more than one non-lluminated, on-site sign, in conjunction with its Short Term Rental unit. The sign may either be: (i) flush-mounted to one of the residential structures and may not exceed one-square foot in size; or, (i) freestanding and placed in the front yard but no closer than 20 feet to any property line and not exceeding six square feet in size and three feet in height. Any such sign shall  local representative, within approximately two hours distance.  requirements as found within Ch. 94, Division III, of the City's Code of Ordinances.    comply with the City's Sign Code.  E. Minimum Off-Street Parking: One space per bedroom, plus parking required for the manager, if living F.Maximum Occupancy: The maximum occupancy for any Short Term Rental is ten (10) guests. Short term rental owner / operator may set occupancy limits at less than ten (10) guests, however, in no case shall G. Other Zoning Regulations: The regulations set forth in this Resolution are in addition to those set forth int the Zoning Code, as may be amended or superseded. In the event of any irreconcilable conflict between this Resolution and the regulations set forth in the Zoning Code, the provisions of this Resolution will prevail.  off-site.  occupancy limits exceed ten (10) guests.  RECOMMENDED ACTION:  Approve Resolution No. 86-2022.  ATTACHMENTS:  20221213_Reso 86-2022 CUP 1001 Prescott.pdf    CITY OF KERRVILLE, TEXAS RESOLUTION NO. 86-2022  ARESOLUTION GRANTING A CONDITIONALUSE PERMITTO AUTHORIZE A SHORT-TERM RENTAL UNIT ON THE PROPERTY CONSISTING OF LOTS 4, 5, AND 6, BLOCK 8, HILLCREST ADDITION; AND MORE COMMONLY KNOWN AS 1001 PRESCOTT; SAID PROPERTY IS LOCATED WITHIN A SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT (R-1); AND MAKING SAID PERMIT SUBJECT TO CONDITIONS AND  RESTRICTIONS  WHEREAS, the owner of the property known as 1001 Prescott and depicted on the location map found at Exhibit A (the Property"), said exhibit being attached hereto and made a part hereof for all purposes, is requesting approval ofa Conditional Use Permit ("CUP') to authorize a short-term rental unit on the Property, which is  located within a Single-Family Residential Zoning District (R-1); and  WHEREAS, the City Planning and Zoning Commission (the "Commission'"), in compliance with state law and the Zoning Code oft the City ofKerrville, Texas (Chapter 60, CodeofOrdinances) ("Zoning Code"), and in particular, thej procedures for obtaining a CUP; having given the requisite notices by United States mail, publication, and otherwise; and after holding a public hearing and affording a full and fair hearing to all property owners generally and particularly to those interested persons situated in the affected area and in the vicinity thereof, has recommended that City Council grant the CUP applied for and referenced herein, subject to the special conditions and  restrictions set out hereinafter and applied to the Property; and  WHEREAS, City Council, in compliance with state law and the Zoning Code, and likewise having given the requisite notices and holding a public hearing on December 13, 2022, finds that the health, safety, and general welfare will be best served by the granting of the CUP as recommended by the Commission and referenced  herein on the Property;  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SECTION ONE. A Conditional Use Permit is granted to permit the Property described as follows, and located within a Single-Family, Residential Zoning District (R-1), to be developed and used for a Short-Term Rental Unit ("STRU") as that term is defined in and pursuant to the Zoning Code, such use subject to the provisions of  THE CITY OF KERRVILLE, KERR COUNTY, TEXAS:  this Resolution and other City ordinances and regulations:  Legal Description: consisting ofLots 4, 5, and 6, Block 8, out of the Hillcrest Addition, and being depicted on the Address: 1001 Prescott, Kerrville, TX 78028.  location map at ExhibitA.    SECTION TWO. In addition to the development and use regulations currently applicable to the Property, development and use of the Property is subject to the A. Guest Notification: The owner 01 operator of the Property shall post a "guest notification" in a conspicuous place within the STRU on the Property, said  following additional conditions:  notification which is attached as Exhibit B.  B. Local Contact: The owner 01 operator of the Property shall provide the City's Director of Development Services (Director"), with contact information for a local representative, which may include themselves. The local representative must be able to respond to a City employee o1 guest of the STRU within two hours after being notified ofan emergency. Should a change occur to the contact information, the owner 01 operator of the Property shall update the Director in writing with the new information within three business days ofany such change. C. Occupancy Taxes: The owner o1 operator of the Property shall comply with the City's occupancy tax requirements as found within Ch. 94, Division III, of  the City's Code of Ordinances.  D. Sign: The Property may not use more than one non-lluminated, on-site sign, in conjunction with the STRU. The sign may either be: (i): flush-mounted to one of the residential structures and may not exceed one-square foot in size; or, (ii) freestanding and placed in the front yard but no closer than 20 feet to any property line and may not exceed six square feet in size and three feet in height.  Any such sign shall comply with the City's Sign Code.  E. Parking: The Property must include at a minimum, one (1) off-street parking space per bedroom, plus an additional space for the manager, if  living off-site.  F. Maximum Occupancy: The Property is subject to a maximum occupancy of ten (10) guests, which may be lower per rules set by the owner or  operator.  G. Other Zoning Regulations: The regulations set forth in this Resolution are in addition to those set forth in the Zoning Code, as may be amended 01 superseded. In the event of any irreconcilable conflict between this Resolution and the regulations set forth in the Zoning Code, the provisions of this SECTION THREE. This Resolution and the CUP granted herein are subject  Resolution will prevail.  Page 2 of3  Reso. No. 86-2022    to termination in accordance with the Zoning Code.  SECTION FOUR. City Council finds and determines that its adoption of this Resolution promotes the health, safety, and general welfare of the public and is a  proper valid exercise of the City's police powers.  SECTION FIVE. Ifany section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining  portions thereof.  SECTION SIX. This Resolution is effective upon adoption.  PASSED AND APPROVED ON this the.  day of_  A.D.,2 2022.  Judy Eychner, Mayor ATTEST:  APPROYEIP. A87 TOI FORM: CR  A Attorney  Michael C.  Shelley McElhannon, City Secretary  Page 3 of8  Reso. No. 86-2022    EXHIBIT A GOMAVeM  983  944  987  950  954  945  9.  960  0008 0012  951  965  0000  969  1100  0000  968  0013  0008  1000  HOIL  0009  4003  1012  CyG OFONAA PUGUSDA VNRS 1016.  Location Map Case # PZ-2022-066 Location: 1001 Prescott St  Legend  W  E 30 60 Scale In Feet  200' Notification Area Subject Properties  120  This product is fori informalional purposes and may not! have been prepared for or bes suitablef forl legal, engineering, ors surveying purposes. ltdoes not  represent and on-the-g -ground survey and represents only approximate relativel locations.    6 a E 8 in à I bo  -- - 6 e  4  @    EXHIBIT B  KERA  SHORT TERM RENTAL CONDITIONAL USE PERMIT GUEST NOTIFICATION  1889 TEXAS  CUP Resolution Number  86-2022  This short term rental has been permitted by the City of Kerrville as a conditional use under the above referenced resolution within a residential neighborhood and requires all guests to be aware Because this short term rental is located within a residential neighborhood, proper etiquette should be observed at all times. The conditional use permit was issued in an effort "to preserve the health,safety,and, emeralwelareofadpcmt property and its occupants and toj protectsuch property and occupants from excessive noise, vibration, dust, dirt smoke, fumes, gas, odor, traffic, explosion, glare, surface water drainage, offensive view, or other undesirable hazardous As a guest, please be aware oft the proximity of your neighbors and be respectful of their right to privacy, a quiet environment, and unobstructed access to their property. Loud music, loud parties and excessive noise should be: avoided. Parking should bel limited to onsite parking spaces provided by short term rental management. Place trash and recycling in the appropriate containers. As per the Conditional Use Permit, the maximum occupancy is ten (10) guests. The Short Term Rental owner may have other occupancy restrictions for fewer guests, however, in no case shall If you should have any questions regarding this notification, please contact the short term rental  oft the following:  conditions...."  guest occupancy exceed ten (10) guests.  management. Name: Contact Number: Thank you!  This Guest Notification should be posted by short term rental management in a location clearly visible by all guests and provided with check-in information. Posting of duplicate copies ofthis Gues! Notification within each guest room is highly encouraged to clearly commnicate the  importance ofproper" etiquette within ai residential neighborhood. Thank you!    KERRI TEXAS SUBJECT:  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  Resolution No. 87-2022. A Resolution granting a Conditional Use Permit to authorize a Short-Term Rental Unit on the property consisting of Lot 3, Block 1, Jenkins Addition; and more commonly known as 3410 Riverside; said property is located within a Single-Family Residential Zoning District (R-1); and making said permit subject to conditions and AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 23, 2022  restrictions.  SUBMITTED BY: Drew Paxton, Planning Director  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item Proposal  N/A N/A  SUMMARY STATEMENT:  Aresolution to allow a Conditional Use Permit for a Short Term Rental on Lot 3, Block 1, Jenkins; and more  commonly known as 3410 Riverside Dr E, Kerrville, TX 78028.  Procedural Requirements  The City, in accordance with state law, mailed 22 letters on 10/19/2022 to adjacent property owners. The City published a similar notice in the Kerrville Daily Times on 10/13/2022. In addition, an informational sign was posted at the front of the property on 10/25/2022. At the time of drafting this Agenda Bill, two comments  had been received.  Staff Analysis and Recommendation:    Adjacent Zoning and Land Uses: Subject Property  Current Zoning: R-1 Single-Family Residential Existing Land Use: Single-family residential Direction: North, South, West, East Current Zoning: R-1 Single-Family Residential Existing Land Uses: Single-family residential  Consistency with the Kerrville 2050 Comprehensive Plan:  The subject property and surrounding residential areas are designated as Community Commercial (CC). Since the underlying zoning is not changing for the subject property, the request is consistent with the  Kerrville 2050: Comprehensive Plan. Thoroughfare Plan: Traffic Impact: No traffic impact is anticipated. Parking:  The subject property is located on a residential street.  A Short Term Rental requires one off-street parking space per bedroom and one additional off-street parking space for a manager, if the manager does not live onsite. This property has 4 bedrooms and no onsite manager so 5 off-street parking spaces are required. The applicant has identified 5 available off-street  parking spaces, meeting the off-street parking requirement.  Recommendation:  Because the Conditional Use Permit request is consistent with the Kerrville 2050 Comprehensive Plan, will meet all zoning regulations, and there are amenities in close proximity to this proposed Short Term Rental location, staff recommends approval with consideration and inclusion of the following Proposed CUP On November 3rd, the Planning and Zoning Commission recommended the case for approval with a 4-2  Conditions. vote.  Proposed CUP Conditions for Short Term Rental  A. Guest Notification: The owner or operator of the Property shall post "Guest Notification" in a conspicuous place within the rental unit on the Property. Guest Notification is shown on the following page. B. Local Contact: The owner or operator of the Property shall provide the City with contact information for a C. Occupancy Taxes: The owner or operator of the Property shall comply with the City's occupancy tax D. Sign: The Property may not use more than one non-lluminated, on-site sign, in conjunction with its Short Term Rental unit. The sign may either be: () flush-mounted to one of the residential structures and may not exceed one-square foot in size; or, (ii) freestanding and placed in the front yard but no closer than 20 feet to any property line and not exceeding six square feet in size and three feet in height. Any such sign shall  local representative, within approximately two hours distance.  requirements as found within Ch. 94, Division Il, of the City's Code of Ordinances.    comply with the City's Sign Code.  E. Minimum Off-Street Parking: One space per bedroom, plus parking required for the manager, if living F.N Maximum Occupancy: The maximum occupancy for any Short Term Rental is ten (10) guests. Short term rental owner / operator may set occupancy limits at less than ten (10) guests, however, in no case shall G. Other Zoning Regulations: The regulations set forth in this Resolution are in addition to those set forth in the Zoning Code, as may be amended or superseded. In the event of any irreconcilable conflict between this Resolution and the regulations set forth in the Zoning Code, the provisions of this Resolution will prevail.  off-site.  occupancy limits exceed ten (10) guests.  RECOMMENDED ACTION:  Approve Resolution No. 87-2022.  ATTACHMENTS:  20221213 Reso 87-2022 CUP 3410 Riverside.pdf 20221213 Letter in favor- Andrus - 3410 Riverside.pdf 20221213_Letter opposed - Arredondo - 3410 Riverside.pdf    CITY OF KERRVILLE, TEXAS RESOLUTION NO. 87-2022  ARESOLUTION GRANTING A CONDITIONALI USE PERMITTO AUTHORIZE A SHORT-TERM RENTAL UNIT ON THE PROPERTY CONSISTING OF LOT 3, BLOCK 1, JENKINS ADDITION; AND MORE COMMONLY KNOWN AS 3410 RIVERSIDE; SAID PROPERTY IS LOCATED WITHIN A SINGLE-FAMILYRESIDENTIALZONING: DISTRICT (R-1); AND MAKING SAID PERMIT SUBJECT TO CONDITIONS AND  RESTRICTIONS  WHEREAS, the owner of the property known as 3410 Riverside and depicted on the location map found at Exhibit A (the Property"), said exhibit being attached hereto and made a part hereof for all purposes, is requesting approval of a Conditional Use Permit ("CUP") to authorize a short-term rental unit on the Property, which is  located within a Single-Family Residential Zoning District (R-1); and  WHEREAS, the City Planning and Zoning Commission (the Commission'"), in compliance with state law and the Zoning Code oft the City of] Kerrville, Texas (Chapter 60, Code ofOrdinances) ("Zoning Code"), and inj particular, the procedures for obtaining a CUP; having given the requisite notices by United States mail, publication, and otherwise; and after holding a public hearing and affording a full and fair hearing to all property owners generally and particularly to those interested persons situated in the affected area and in the vicinity thereof, has recommended that City Council grant the CUP applied for and referenced herein, subject to the special conditions and  restrictions set out hereinafter and applied to the Property; and  WHEREAS, City Council, in compliance with state law and the Zoning Code, and likewise having given the requisite notices and holding a public hearing on December 13, 2022, finds that the health, safety, and general welfare will be best served by the granting oft the CUP as recommended by the Commission and referenced  herein on the Property;  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SECTION ONE. A Conditional Use Permit is granted to permit the Property described as follows, and located within a Single-Family Residential Zoning District (R-1), to be developed and used for a Short-Term Rental Unit ("STRU") as that term is defined in and pursuant to the Zoning Code, such use subject to the provisions of  THE CITY OF KERRVILLE, KERR COUNTY, TEXAS:  this Resolution and other City ordinances and regulations:  Legall Description: consisting ofLot 3, Block 1, out of the Jenkins Addition, and being depicted on the location map Address: 3410 Riverside, Kerrville, TX 78028.  at Exhibit A.    SECTION TWO. In addition to the development: and use regulations currently applicable to the Property, development and use of the Property is subject to the A. Guest Notification: The owner o1 operator of the Property shall post a "guest notification" in a conspicuous place within the STRU on the Property, said  following additional conditions:  notification which is attached as Exhibit B.  B. Local Contact: The owner o1 operator of the Property shall provide the City's Director of Development Services ("Director"), with contact information for a local representative, which may include themselves. The local representative must be able to respond to a City employee or guest of the STRU within two hours after being notified of an emergency. Should a change occur to the contact information, the owner O1 operator of the Property shall update the Director in writing with the new: information within three business days sofany such change. C. Occupancy Taxes: The owner or operator of the Property shall comply with the City's occupancy tax requirements as found within Ch. 94, Division III, of  the City's Code of Ordinances.  D. Sign: The Property may not use more than one non-illuminated, on-site sign, in conjunction with the STRU. The sign may either be: (i) flush-mounted to one of the residential structures and may not exceed one-square foot in size; or, (ii) freestanding and placed in the front yard but no closer than 20 feet to any property line and may not exceed six square feet: in size and three feet: in height.  Any such sign shall comply with the City's Sign Code.  E. Parking: The Property must include at a minimum, one (1) off-street parking space per bedroom, plus an additional space for the manager, if  living off-site.  F. Maximum Occupancy: The Property is subject to a maximum occupancy of ten (10) guests, which may be lower per rules set by the owner or  operator.  G. Other Zoning Regulations: The regulations set forth in this Resolution are in addition to those set forth in the Zoning Code, as may be amended o1 superseded. In the event of any irreconcilable conflict between this Resolution and the regulations set forth in the Zoning Code, the provisions of this SECTION THREE. This Resolution and the CUP granted herein are subject  Resolution will prevail.  Page 2 of8  Reso. No. 87-2022    to termination in accordance with the Zoning Code.  SECTION FOUR. City Council finds and determines that its adoption of this Resolution promotes the health, safety, and general welfare of the public and is a  proper valid exercise of the City's police powers.  SECTION FIVE. Ifany section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid o1 unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity oft the remaining  portions thereof.  SECTION SIX. This Resolution is effective upon adoption.  PASSED AND APPROVED ON this the  day of_  A.D., 2022.  Judy Eychner, Mayor ATTEST:  APPROVHDASTOPORNE EE  Michael C.  Agtorney  Shelley McElhannon, City Secretary  Page 3 of3  Reso. No. 87-2022    EXHIBIT A  001  005  27  330  00  3340  107  09  3350  12  3360  3400))  S40  3412,  8414  3416  3510  2V0 USDA NNS  3516  Location Map Case # PZ-2022-063 3410 Riverside Dr E  Legend  Location:  200' Notification Area Subject Properties  25 50 Scale In Feet  100  This producti is fori informational purposes andi may noll have beeny prepared for ort bes suitable forl legal, engineering, ors surveying purposes. Itdoesr not  represent and on-the- grounds survey andi represents onlya approximate relative locations.    3410 Riverside Drive Kerrville, TX 78028  Bedroom  3 Bedroom  Riverside Drive    EXHIBIT B  KERA  SHORT TERM RENTAL CONDITIONAL USE PERMIT GUEST NOTIFICATION  1889 EXAS  CUP Resolution Number  87-2022  This short term rental has been permitted by the City of Kerrville as a conditional use under the above referenced resolution within a residential neighborhood and requires all guests to be aware Because this short term rental is located within a residential neighborhood, proper etiquette should be observed at all times. The conditional use permit was issued in an effort "to preserve the health, safety,and emeralwelareofadnemt property and its occupants and toj protectsuch property and occupants from excessive noise, vibration, dust, dirt smoke, fumes, gas, odor, traffic, explosion, glare, surface water drainage, offensive view, or other undesirable hazardous As a guest, please be aware oft the proximity of your neighbors and be respectful of their right to privacy, a quiet environment, and unobstructed access to their property. Loud music, loud parties and excessive noise should be avoided.) Parking should bel limited to onsite parking spaces provided by short term rental management. Place trash and recycling in the appropriate containers. As per the Conditional Use Permit, the maximum occupancy is ten (10) guests. The Short Term Rental owner may have other occupancy restrictions for fewer guests, however, in no case shall If you should have any questions regarding this notification, please contact the short term rental  oft the following:  conditions...."  guest occupancy exceed ten (10) guests.  management. Name: Contact Number: Thank you!  This Guest Notification should be posted by short term rental management in a location clearly visible by all guests and provided with check-in information. Posting of duplicate. copies ofthis Guest Notification within each gues! room is highly encouraged lo clearly communicate the  importance ofproper etiquelle within ai residential neighborhood. Thank you!    From: To: Subject: Date: Attachments:  Dorothy Miller Prew Paxton; Steve Melander Msg. re: PZ-2022-63 Tuesday, October 25, 2022:9:52:53/ AM image001.png mage004.png  Date: 10/25/2022, Time: 9:50a.m. From: Daniel Andrus Phone #:. 2022-63.  Address: 24904 Whitney Dr., Spicewood, TX: 78669  Owns Prop. ID: 17299 within 2001 ft. oft the subject property. He has no objections to case PZ-  Thank you: and have al blessed dayl e  Dorothy Miller Admnistrative Assistant for Development Services ICityof  Kerrville  200 Sidney Baker Street I Kerrville, Texas 78028 I  www.kerrylletxgox  We want to hear from you, please take a short survey by clicking here: DSSurvey  CONFIDENTIALITY: NOTICE: This e-mail message, including: any attachments, isf for thes sole use oft the intended recipient(s): and may contain information thati is Protected Private Information, privileged, confidential and exempt from disclosure under applicable law. If you: are not thei intended recipient be advised that any unauthorized use, disclosure, copying, distribution ort the taking ofa any actioni in reliance on the contents oft this information! is strictly prohibited. Ify you are not thei intended recipient, pleasei immediately contact the  sender by reply e-mail and destroy all copies oft the original message.    From: To: Subject: Date:  Evelyn Arredondo Drew_Paxton case#pz2022-63  Thursday, November 3, 2022 8:53:53 AM  EXTERNAL EMAIL: This email originated from outside ofthe organization. Do not click links or open attachments unless you recognize the Iam a resident on Carmichael Street near Riverside where there is a zoning meeting today. my concerns are that it might become like aj party house for weekends and I am not happy because my house is nearby and I can still hear things. we've always had trouble with this location due to other past renters not being very neighborly am concerned that Air&B's will be no different. Iwill: not make the meeting due to the fact that I work late. thank  sender and know the content is safe.  Evelyn Arredondo    KERA TEXAS SUBJECT:  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  Ordinance No. 2023-01. An Ordinance annexing a track of land into the corporate limits of the City of Kerrville, Texas; such property making up approximately 4.45 acres and generally located adjacent to and South of Kerrville Schreiner Park; more commonly known as 2511 State Highway 173 (Bandera Highway); such property more specifically described in this ordinance and being located within the Extraterritorial Jurisdiction of and adjacent to the City Limits; adopting a Service Agreement; establishing the Zoning for the annexed property as a Mixed Use (MU) Zoning District; and providing other matters relating to this subject. AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 25, 2022  SUBMITTED BY: Drew Paxton, Planning Director  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item Proposal  N/A N/A  SUMMARY STATEMENT:  An ordinance to annex into the City of Kerrville's incorporated limits with a zoning classification of MU Mixed Use on 4.45 acres of land out of the David Schauchard Survey No. 67, Abstract No. 299; and more  commonly known as 2511 Bandera Hwy, Kerrville, TX 78028. (Case No. PZ-2022-60)  Procedural Requirements  The City, in accordance with state law, mailed 9 letters on 10/19/2022 to adjacent property owners. The City At the time of drafting this agenda bill, Development Services has received one comment, in opposition, from  published a similar notice in the Kerrville Daily Times on 10/13/2022.    CITY OF KERRVILLE, TEXAS ORDINANCE NO. 2023-01  AN ORDINANCE ANNEXING A TRACT OF LAND INTO THE CORPORATELIMITS OFTHE CITY OFKERRVILLE, APPROXIMATELY 4.45 ACRES AND GENERALLY LOCATED ADJACENT TO AND SOUTH OF KERRVILLE SCHREINER PARK; MORE COMMONLY KNOWN AS 2511 STATE HIGHWAY 173 (BANDERA HIGHWAY); SUCH PROPERTY MORE SPECITICALLY DESCRIBED IN THIS ORDINANCE AND BEING LOCATED WITHIN THE ADJACENT TO THE CITY LIMITS; ADOPTING A SERVICE AGREEMENT; ESTABLISHING THE ZONING FOR THE ANNEXED PROPERTY AS A MIXED USE (MU) ZONING DISTRICT; AND PROVIDING OTHER MATTERS  TEXAS;  SUCH  PROPERTY  MAKING  UP  EXTRATERRITORIAL  JURISDICTION  OF AND  RELATING TO THIS SUBJECT  WHEREAS, an owner of land has requested annexation by the City of Kerrville, Texas ("City"), pursuant to Local Government Code Section 43.0671;  and  WHEREAS, the land to be annexed makes up a total of approximately WHEREAS, the Property lies within the extraterritorial jurisdiction of WHEREAS, in conjunction with the approval of this Ordinance, City Council also approves a service agreement for the Property in accordance with.  4.45 acres, as: more specifically described below (the Property"); and  the City and adjacent to the City's limits; and  Section 43.0672 oft the Texas Local Government Code; and  WHEREAS, Section 60-37 oft the City's Zoning Code creates procedures WHEREAS, having provided all required public notices, held all required public hearings at which persons with an interest in the matter were provided an opportunity to be heard, and complying with other requirements in Section 43.0673 of the Texas Local Government Code, City Council finds it to be in the public interest to adopt this Ordinance annexing the Property, to approve a service agreement as required by state law, and to establish zoning  for initial zoning of newly annexed areas; and  regulations for the Property;    NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL SECTION ONE. FINDINGS. City Council finds and declares the facts and recitations contained in the preamble of this Ordinance true and correct. SECTION WO-ANNEXATION. Thej property described and depicted in Exhibit A (the Property") is annexed and incorporated into the corporate  OF THE CITY OF KERRVILLE, KERR COUNTY, TEXAS:  limits oft the City of Kerrville, Texas, for all legal purposes.  SECTION THREE. AMENDMENT TO CITY BOUNDARY. City Council authorizes and directs the City Manager to amend the City's official  boundary map in accordance with this annexation.  SECTION FOUR. PETITION FOR. ANNEXATION. The petition for annexation concerning the Property is attached as. Exhibit B and incorporated herein by reference, said petition, which triggered the process specified in Subchapter C-8, Chapter 43, Texas Local Government Code, authorizing the  annexation of the Property.  SECTION FIVE. AGREEMENT REGARDING SERVICES. Pursuant to Section 43.0672 of the Texas Local Government Code, the City has negotiated and hereby enters into a Service Agreement (the Agreement") with the owner ofland for the provision of services in the area. The Agreement is attached to this Ordinance as Exhibit C and by this reference is incorporated into it. Upon annexation of the Property, the City shall provide the Property with the municipal services set forth in the Agreement pursuant to the schedule set forth therein, such services making up the City's full municipal services. The City shall have no obligation to provide services to the Property  not listed in the. Agreement.  SECTION SIX. ZONING. Upon the adoption ofthis Ordinance, and in accordance with Section 60-37 of the City's Zoning Code, the Property will be zoned as a Mixed Use (MU)Zoning District, which will authorize such property to be used in ways consistent with those land uses specified in that district.  Page 2of4  Ord. No. 2023-01    SECTION SEVEN. CUMULATIVE CLAUSE. The provisions of this Ordinance are to be cumulative of all Ordinances or parts of Ordinances governing or regulating the same subject matter as that covered herein; provided, however, thatall prior ordinances or) parts of ordinancesi inconsistent with 01 in conflict with any of the provisions of this Ordinance are hereby expressly repealed to the extent ofany such inconsistency o1 conflict.  SECTION EIGHT. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause, 01 phrase of this Ordinance is, for any reason, held to be unconstitutional o1 invalid, such holding shall not affect the validity of the remaining portions of this Ordinance. City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase hereofirrespective of the fact that any one o1 more sections, subsections, sentences, clauses, 01 phrases be declared unconstitutional or  invalid.  SECTION NINE. PENALTY. The penalty for violation of this Ordinance shallbein: accordance with the general penalty provisions contained in Article 1-1-7 ofthe Code of Ordinances oft the City ofKerrville, Texas, which provides for a fine not exceeding TWO THOUSAND DOLLARS ($2,000.00). SECTION TEN. PUBLICATION OF ORDINANCE. In accordance with Section 3.07 of the City Charter and Texas Local Government Code $52.013(a), the City Secretary is hereby authorized and directed toj publish the descriptive caption of this Ordinance in the manner" and for the length oft time  prescribed by the law as an alternative method of publication.  SECTION ELEVEN. POST ANNEXATION ACTIONS. The City Manager shall provide a certified copy ofthis Ordinance to the Texas Secretary of State, Kerr County, and Kerr Central Appraisal District and any other  entity as may be required.  PASSED AND APPROVED ON FIRST READING, this the.  day of  A.D., 2022.  PASSED AND APPROVED ON SECOND READING, this the  day of  A.D., 2023.  Page: 3of4  Ord. No. 2023-01    Judy Eychner, Mayor  FORM:  ATTEST:  Michael C. Hayes, City"Attorney  TE  Shelley McElhannon, City Secretary  Page 4 of4  Ord.No.2023-01    2500  73  00Ue  Location Map Case # PZ-2022-060 2511 Bandera Highway  Legend  Location:  200' Notification Area Subject Properties  EXAS 220  55 110 Scale In Feet  This producti Is fori informational purposes and may nol! havel been prepared forc or bes suitable forl legal, englneering, ors surveying purposes. Itc does not  represent an on-the-g ground survey and represents only approximaler relalive locations.    EXHIBITA  VOL. 1546PA6E0346  EXHIBIT"A"  PROPERTY:  Alll that certain tract or) parcel ofl land lyingr and bcing situated int thc SlatcofTexas, and being 4,45: acres, morc dless, and bcing! more particularly described Counly as: of Kerr, Kerr County, Texas: the sane land conveyed as Tract No. 2 to the GMU Survey No. 67, Abstract No. 299, in George Milton Underwood IV Incorne Trust Two, ct: al, by a Special Warranty Family Deed Parinership, cxecuted Lid. from the July, 1998 and recorded in Volume 962: at Page 679 of the Real Property Records of Kerr the 7 dayo of and being more particularly deseribed by meles: and boundsa as lollows (rccordo calls showni iny parentheses): Counly, Texas; BEGINNING ata a 3/8" iron stake found for the west corner oft thel hercin described tract and said Tract 3.4 f. N:59°24'04"W. from a threc-way fence comerpost in the northeast right-of-way line ofs State Highway No.2, No. 173, in the souchcast line of 500: acres conveyed lo the Statc of Texhs from the City of Kerrville Warranty Decd executed the IOth day of December, 1934 and recorded in Volume 58 atl Page 116 oft bya the Deed Records of Kem County, Texas; which point bears, approximately, 7332 R. N.45°E. from the west THENCE, with the common line betveen said Tract No. 2 and said: 500 acres, north ofa and diverging froma fence, N.44°4318"E., at 483.71 A. passing 17.0f. northwest ofa fence endpost for reference, then continuing fora total distance of 504.20 f. (N,44°44'E. 504.2 A.) to an unmarked point on the southwest bank oft the Guadalupe River for the north comer of the herein described tract, the northeasterly common comer ofs said THENCE, with the northeast line of soid" Tract No. 2, along the sorthwest bank of said Guadalupe River, S.33°32'04"E. 435.76 ft. (S.33030E. 436.5 R.) to an unmarked point for the cast comer of the herein described tract ands said Tract No. 2, which point bears 53.7 f.) N.6703449"W. from the north corner of1.75 acres conveyed to Norman G. Sherman, ct ux, from William Henry Ray, ctal,bya) Waranty Deed executed. the 6th day of August, 1984 and recorded in Volume 301 all Page 420 oft the) Deed Records of! Kerr County, THENCE, wit the southeast line ofs said Tract No.: 2, northwest of and converging with the northwest line of said 1.75 acres, S.45001'14"W., at 73.08 A. (73.3 R.) passing a 3/8" iron stake found for reference, then continuing for a lotal distance of 418.30 R. (S.45°06'W, 418.3 A.) to a 3/8" iron stake found at a fence comerpost for the': south comer of the licrcin described tract and said Tract No. 2, in the northeast right-of. way line ofs said Statc Highway No. 173, ina 0295435" curve concave to the: southwést having a radius of THENCE, along a fence with the southwest line of said Traci No. 2, the northeast right-of-way line ofsaid State Highway No. 173: 307.39 f. (311.3 A.) along an arc of said 02954'35" curve sublended by found a central ali its angle of 08°5636" (long chord - N.43039'50"W.: 307.07 A.J lonc concrete right-of-way marker end; and N.48008'08"W. 117.65 R. (N.48°04'W. 114.7 A.) to the PLACE OF BEGINNING containing 4.45  Being all ofa certain tract or parcel of land out of David Schauchard  comer ofs said Survey'No.67;  Tract No. 2 and: said: 500: acres;  Texas;  1969.6A.(1970.08A A.);  acres ofl land, more or) Jess, within these meics and bounds.    VOL. - 1546PAGE0347  II. EXCEPTIONS:  1. Standby fecs, taxes and assessmonts by any taxing authority for the year 2006, and subsequent years, and subsequent taxes and assessmonts by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior ycars becnuse of an exemption. granted to a previous owner of the property undor Scction 11.13, TEXAS TAX CODE, or because ofimprovements not assessed for: aj previous tax year.  2. Visible and/or apparent utility casements, Eascment Records of) Kerr County, Texas. public, corporation, governments or othere entities,  4, Easements to Lower Colorado River Authority recorded in Volume 5, Page 609, 5. Anyt titles or rights asserted bys anyonc, including, but not limited to, persons, the a. to tidelands, or lands comprising tho shores or beds of navigable to perennial rivers and: streams, lakes, bays, gulfor oceans, or to lands beyond the line of harbor or bulkhead lines as established or  changed by: any govemment, or C. tof filled-inl lands, ore artificial islands, or d. tos statutory water rights, including riparian rights, or  e. to the arca extending from the line of mcan low tide to the line of vegetation, or the rights of access to that area or casement along and Fenco encroachment on north boundary line as shown on survey dated January  across thati area. 12, 2000, prepared by! Don' Voelkel, RPLS,  B imsNptwpep KEM. dahet FLD TwwdiarCay, AJ212006 gpurbpet COWITYCLIKEIMCOMKTDAS  Segvonog    EXHIBITA  BA  ERRMAI3E   AA K   TEXASSTATH HIGHWAY NO. 173    EXHIBIT B  EAIONS BERLOSAIN  C4, YABPALANJONNER  OTHMAYOR OMIIBBOVIENENINOBODYON KERRVILLA EXAS etimishol KALIN W thuhehanttol dalied.laicloflaid. whiclihr wiant tdsithtng rogilnlg of apWiinli lowar ahh lingu,eolinedvakuri, rsbglo, honely wniye Mo rgpAmant d lp lierdlaalanelopnune aomo purmunntce Hgotion 301Gdieexas lAalhyormnont, Guckr Ayui amplionbley mapotition syouir Mongblelady tonoxtond Le presont GW limitoous oinolusle 4 ptit Atho  Chyurkarrlwol. ollowa desoriocn lerritoisy Lo Wik  ou Iwhill, A  Wugortitythal th kygewlpMinsyer lulu POIEIBAIN Cwol,wAN  BLILLOnuN Aacknd, Aywiorh-vawAnnterom.inymu lusdy  Lto'tho gocDy  a1  Sijr Aaozeleny  TIESTWPBOPIEXAS OUNIXOPEER PMMA AMEL  ELOE MI the uadorsmed aisoriesy on thint day, poconally pDpeoNéA subsoralipil lo tD rdpp-nutruml, al-adkngwladpal oun MhnL Maco). aho divamatermy.hmd wlfottila.  wop PMARN 2022.  Buswaytamw: dhue psunta) whonitnet)in  estachoaanu, INpaonssdoNw  hoxein osmassudi  M  SCHEVAND A01AS aylhXANAMAS MAEACI A,1,203D  Notary Publinn andfon Koncasnw, osnn    EXHIBIT C  ANNEXATION SERVICE PLAN  I.  INTRODUCTION: This Service Plan for the extension of municipal services to the area to be annexed was developed in accordance with state law. Municipal facilities and services to the annexed area will be provided or made available on behalf of the City of Kerrville, Texas ("City") at the  levels and schedule specified below.  II. UNIFORM LEVEL OF SERVICES: The City shall provide services by any oft the methods by which it extends the services to any other area oft the municipality, based upon differing characteristics of topography, land use, and population density, which may be considered a sufficient basis for  providing differing levels of service.  III. SPECIFIC FINDINGS: City Council finds and determines that this Service Plan, as provided below, will provide full municipal services to the annexed area both adequate to serve the annexed area and commensurate with the levels of services provided in other parts of the City with the same 01 similar topography, land use, and population density, and it will not provide a lower level of service in the annexed area than were in existence at the time immediately preceding the effective date of annexation.  SERVICE  DETAILS OF SERVICE PROVIDED TIMETABLE services, including the application and following enforcement of building, electrical, annexation, plumbing, and other related code zoning to be requirements adopted by the City shall concurrent with be made immediately to the area upon annexation annexation. The adoption of zoning plan shall be in accordance with the procedures of the City's Zoning Code.  Code Enforcement The provisions of Code Enforcement Immediately  Fire Protection and Emergency (EMS)  Fire protection and emergency medical Immediately services will be provided to the annexed following area from existing fire stations closest tot the area of annexation. Emergency dispatch assignment of Fire Services resources to the annexed area would be the same as currently provided in areas of similar land use: and population  Medical Services area. The City will serve the annexed annexation  within the City.    SERVICE Fire Prevention  DETAILS OF SERVICE PROVIDED TIMETABLE The services of the City's Fire Marshall Immediately  shall be provided to the area.  following annexation.  Library  Residents of the area, if any, will Immediately continue to be entitled to utilize the following The City will maintain park and Immediately recreation facilities located within the following annexed area, if any, on the effective annexation date of annexation on the same basis and at the same level as similar facilities are maintained throughout  City'sLibrary facilities.  annexation.  Parks and Recreation Facilities  the City.  Police Protection Police Services will provide protection Immediately  and law enforcement services to the following annexed area. The level of service will annexation be at the same level as currently provided in areas of similar land use and population within the City. These services include the following: 1) regular patrol oft the area, 2)1 handling of complaints and incidents, 3) traffic enforcement, and 4) special units, such as criminal investigations, narcotics, services, and special weapons and  crime tactics.  prevention,  neighborhood  Maintenance of Streets  The City's Public Works Department Immediately streets, drainage, and regulatory signs annexation on the effective date of annexation. The same basis and level of services currently provided throughout the City will be adhered to as follows: 1.E Emergency maintenance of streets to include repairofhazardous: potholes, ice and snow monitoring of major thoroughfares necessary for traffic flow.  Existing Roads & will maintain existing roads and following  Page2of5    SERVICE  DETAILS OF SERVICE PROVIDED TIMETABLE  2. Routine maintenance of public streets and rights-of-way performed 3. Street sweeping services may occur based upon need and funding. 4. Installation and maintenance of traffic signs, street markings, and other traffic control devices as the need is established by appropriate study and traffic standards. Private streets, including ingress/egress easements, access easements, common areas, common driveways and anything else which has not been specifically dedicated and accepted as public right- of- way, will not be maintained by the City. Public streets will be included in the City's preventive maintenance program. Preventive maintenance projects are prioritized and scheduled based on a variety of factors, including surface condition, transversibility, age, traffic volume, density of dwellings per block, adjacent street conditions and available funding. Any necessary rehabilitation o1 reconstruction will be considered on a citywide priority basis.  within the City.  Solid Waste Collection  Solid Waste collection to the annexed Immediately area will be provided on the same basis following and at the same level as provided annexation throughout the City, in accordance with  applicable law.  Traffic Engineering  Traffic control devices and street Immediately markers shall be installed where following deemed necessary by the City street annexation department, except as provided by the Texas Department ofTransportation.  Page: 3 of5    SERVICE Water Service  DETAILS OF SERVICE PROVIDED TIMETABLE The City will provide for the As the property maintenance of City-owned public develops water lines within the annexed area provided that the area is within the City's Certificate of Convenience and Necessity area as determined by the Public Utility Commission (PUC) beginning on the effective date of the annexation. Water service is provided at the same level as currently provided in areas ofs similar topography, land use, and population within the City. The City's policy that water extensions are the responsibility of the developer of property will be applied in this area.  Wastewater Service  The City will provide for the As the property maintenance of sanitary sewer lines develops within the annexed area provided that the area is within the City's Certificate of Convenience and Necessity area as determined by the Public Utility Commission (PUC) beginning on the effective date of the annexation. Sanitary sewer service is provided at the same level as currently provided in areas of similar topography, land use, and population within the City. The City's policy that sanitary sewer extensions are the responsibility of the developer of property will be applied to this area. Maintenance of all parts of the sewer system will begin as those parts are put into service. The sewer system will be maintained with the same frequency and level of effort as comparable parts of the system in other  parts of the City.  Page4of5    SERVICE Provision for Other City Services  DETAILS OF SERVICE PROVIDED TIMETABLE Other City services that may be Immediately provided by the City such as planning, following inspection, animal control, municipal annexation court, and general administration will be made available on the same basis and at the same level as provided  throughout the City.  dors Page 5of5    C  City of Kerrville  1889 IEXAS  701 MAINSTREET . KERRVILLE, TEXAS 78028 . 830.257.8000 . KERRVILLETX.GOV  December 1, 2022 To Whom It May Concern,  Please allow this letter to serve as permission to release the City's Confidential Sales Tax Report, Hotel Occupancy Tax Reports, and any other financial or statistical report for the purpose of economic analysis, financial forecasting, and budgeting. Requests for the report will be made using the Comptroller's Open Records Portal.  Please release the report when requested to:  Julie Behrens Director of Finance vcelrensokerviletgow Trina Rodriguez Assistant Director of Finance marorgueolervlegon  Thank you, E.A. Hoppe City Manager City of Kerrville    PETITION REQUESTING: ANNEXATION BYAREA LANDOWNERS TO THE MAYOR OF THE GOVERNING BODY OF KERRVILLE, TEXAS: The undrnsigned ownunt o the hereinnfter described tract or land, which iB Vacnnt and without renidents, or an which fewer than three quabhed votern. resido, honely waive the requirement ta be offured a lovelopment agreemunt pursuant to Section 43,016 oft the Texas Local Government Codo (whent mpplicnbl) and petition your honorablo Body, tou extend tho present City limits so as to include As part of the  City o! Kerrville, Toxas, tha following described territory, to wit:  Sce Exhibit A  Wecertify that the ubove describei tract aflandis contigsoas and adjncent to the City, of Kerrville, Texis und thnt thin putitign in: signed and duly acknowledged by  each and nvery poraon having any interestm aninl land. /  oobalike  THE STATE OF TEXAS COUNTY OF KERR PAMIA DMEL  BEFORE ME, the undursigned authority, on this day personally mppenred subscribei to thn foregoing instrumont and acknowledgud to me thnt be or she executed thes sme for the parposesandr consideration therein expressed. Given undermy hand And sonl of office, this b dny ofStemy 2022.  known to mui to bo the person(s) whose nime(s) is  PKpA Notary Publio in and for Kerr County, Texan  SCHET HNI KIPER Mouryp 11937992 *y conisien! Epie Aupwt 1207)    PAYI  ERMAE3S  1 P B # 35  PMASTAZPGPMARNOTA    08045  VOL. 1546PAGE0344  "NOTICE OF CONFIDENTIALITY. RIGHTS: IF) YOU AREA AI NATURALI PERSON, YOU MAYI REMOVE OR STRIKE. ANY OFTHE) FOLLOWING INFORMATION: FROMTHIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOURSOCIALSECURITY NUMBER OR YOURI DRIVER'SI LICENSE NUMBER."  WARRANTYDEED  THESTATEOPTEXAS $ COUNTY OF) KERR  KNOW. ALLMEN! BY THESE PRESENTS:  THAT TUSCANY LAND, LTD., a Texas limited partnership, hereinafter referred to as GRANTOR", for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) cash, and other good and valuable consideration, in hand paid byl PAMELA A. DUKE, hereinafter referred to as "GRANTEE", reccipt of which is hereby acknowledged, and for which no lien, expressed, or implied, is retained or shall exist, has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEY unto GRANTEE, as her sole and separate property and estate, the property, lying and being situated in Kerr County, Texas, together with all rights, benefits, privileges, tenements, hereditaments and appurtenances thereon or in anywise appertaining thereto and together with any and all 4.45 acres, more or less, lying, and being situated in Kerr County, Texas, more: particularly described in and subject to the exceptions statedi in) Exhihit."A", attached TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, subject as aforesaid, unto GRANTEE, and GRANTEE's heirs, legal representatives and assigns, forever; and GRANTOR does hereby bind GRANTOR, and GRANTOR's successors, to WARRANT AND FOREVER DEFEND all and singular the Property, subject as aforesaid, unto GRANTEE, and GRANTEE's heirs, legal representatives, successors and assigns, against every person) whomsoever lawfully claiming ort to  improvements. thereon (collectively, the' Property")d described as follows:  hereto and madea aj part! hereoff for all purposes.  claim thes same or any part thereof.  EXECUTED this the 18 day of August, 2006.  TUSCANYLAND,LTD. BY: TLLLC, General Partner By: Rol Mulhl Robert Keeble, President FILED FOR RECORD BL.P.odok.E.M AUG 1 8 2006 JANNETT PIEPER Gpuntypurt, Kerr County, Texas ipaylato Doputy  Grantee's name and address:, Rcs : Pamela A. Duke 119-B Aspen Airport Business Center Aspen, CO81611  17    VOL. 1546PA6E0345  THESTATEOF TEXAS $ COUNTY OFKERR  $  This instrument was acknowledged before me on the 18 day of August, 2006, by ROBERT KEEBLE, President OfTLI LLC, a Texas limited liability company, General Partner of TUSCANYLAND,LTD., aTexas limited partnership, on behalfofs said limited partnership.  GwRaa Notary/Public, State ofTexas  ANN ROBERTSON NOTARY PUBLIC STATE OF TEXAS My Coim. Expirea3-8-0B  FILEDBY KERFVLIETTIECOMPANY  2    VOL. 1546PA6E0346  EXHIBIT"A"  PROPERTY:  All that certain tract or parcel ofl land lying: and beings situated in the  Stated ofTexas, and being 4.45: acres, morc or less, and bcing more particularlydeseribed: County as: of Kerr, Being all ofas certain tract or parcel of land out of David Schauchard Survey No. Abstract Kerr County, Texas; the same land conveycd as" Tract No. 2 to the GMU Family 67, George Milton Underwood IV Income Trust Two, ct al, byns Special Warranty Deed Partnership, executed Ltd, the 7" from the July, 1998 aund recorded in Volume 962 at Page 679 of the Real Property Records of Kerr and being more particularly described by metes and bounds asl Tollows( (record callss showni inp County, parentheses): Texas; BEGINNING at: a 3/8" iron stake found for the west corner oft the herein described tract and said Tract! No.2, 34R.N592404W, from: a thrcc-way fence comerpost int the northeast right-of-way line of State! Highway No. 173, in the soucheast line of 500 acres conveyed to the Statc of Texas from the City of Kerrville bya Warranty Deed executed the 10th day of December, 1934 and recorded in Volume 58 at Page 116 ofthe Deed Records of Kerr County, Texas; which point bears, approximately, 7332 f. N.45°E. from the west THENCE, with the conumon line between said" Tract No. 2: ands said 500: acres, north ofa and diverging from'a fence, N.44-4318"E., at 483.7A. passing 17.0 ft. northwest ofa fence endpost for reference, then continuing for a total distance of 504.20 ft. (N.44°44'E. 504.2 f.) to an unmarked point on the southwest bank oft the Guadalupe River for the north corner of the herein described tract, the northeasterly common comer ofs said THENCE, with the northeast line of said Tract No. 2, along the southwest bank of said Guadalupe River, S.3393204"E. 435.76 ft. (S.33°30'E. 436.5 f.) to an unmarked point for the cast comer of the herein described tract and said Tract No. 2, which point bears 53.7A.N.67-3449W. from the north corner of! 1.75 acres conveyed to Norman G. Sherman, et ux, from William) Henry Ray, et al, bya Warranty Deed executed. the 6th day of August, 1984 and recorded in Volume 301 atl Page 420 of the Deed Records of Kerr County, THENCE, with the southeast line ofs said Tract No. 2, northwest of and converging with the northwest line of said 1.75 acres, S.4500114"W., at 73.08 A. (73.3 R.) passing a 3/8" iron stake found for reference, then continuing for a total distance of 418.30 R. ($.45°06W. 418.3 A.) to a 3/8" iron stake found al a fence comerpost for the south comer of the herein described tract and said Tract No. 2, in the northeast right-of. way line ofs said State Highway No. 173, in a 02054'35" curve concave to the southwést having a radius of THENCE, along a fence with the southwest line of said Tract No. 2, the northeast right-of-way line central ofs said" State Highway No. 173: 307.39 f. (311.3 A.) along an arc of: said 02°54'35" curve sublended by found a al ils angle of 08956'36" [long chord = N.4393950"W.: 307.07 A. to a concrete right-of-way marker containing 4.45 end; and N.48008'08"W. 117.65 ft. (N.48°04'W. 114.7 R.)10 the PLACE OF BEGINNING  No. 299, in dayo of  comer ofs said Survey No. 67;  Tract No. 2 ands said: 500 acres;  Texas;  1969.26 ft. (1970.08.);  acres ofl land, more or) Jess, within thesc metes and bounds.    VOL. 1546PAGE0347  II. EXCEPTIONS:  1. Standby fees, taxes and assessments by any taxing authority for the year 2006, and subsequent years, and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, TEXAS TAX CODE, or because ofi improvements nota assessed for aj previous tax year.  2. Visible and/or apparent utility easements. Easement Records ofl Kerr County, Texas. public, corporation, governments or other entities,  4. Easements tol Lower Colorado River Authority recorded in Volume 5, Page 609, Any titles or rights asserted by anyone, including, but not limited to, persons, the a. to tidelands, or lands comprising the shores or beds of navigable to perennial rivers and streams, lakes, bays, gulf or oceans, or to lands beyond the line of harbor or bulkhead lines as established or  changed by any government, or C. tof filled-inl lands, or artificial islands, or d. tos statutory water rights, including riparian rights, or  to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and  across that area.  6. Fence encroachment on north boundary line as shown on survey dated January  12, 2000, prepared by Don Voelkel, RPLS.  mbe  AUu212006 gaverfyt GAMYAERKAEBRCAUMATAS    KERRI TEXAS SUBJECT:  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  Ordinance No. 2023-02. An Ordinance amending Chapter 60 of the Code of Ordinances, City of Kerrville, Texas; by changing the Zoning of an approximate 0.63 acre property known as 226 and 228 W. Main; from a Planned Development Zoning District (PDD) to a Light Commercial Zoning District (C-2); and providing other matters relating to the subject. AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 25, 2022  SUBMITTED BY: Drew Paxton, Planning Director  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item Proposal  N/A N/A  SUMMARY STATEMENT:  An ordinance to change the zoning from PDD Planned Development District to C-2 Light commercial on 0.63 acre of land out of John Young Survey No. 118, Abstract No. 375; and more commonly known as 226 & 228  W Main St N, Kerrville, TX 78028. (Case No. PZ-2022-62)  Procedural Requirements  The City, in accordance with state law, mailed 24 letters on 10/19/2022 to adjacent property owners. The  City published a similar notice in the Kerrville Daily" Times on 10/13/2022.  Staff Analysis and Recommendation Community Commercial place type.  Consistency with the Kerrville 2050 Comprehensive Plan: The property and surrounding area are designated Community Commercial. The request for C-2 is consistent with the objectives and description of    Adjacent Zoning and Land Uses: Subject Property Current Zoning: PDD Direction: North Current Zoning: R-1A Direction: South  Existing Land Uses: automobile dealership  Existing Land Uses: Single family residential Current Zoning: C-2 Light Commercial Existing Land Uses: commercial Direction: East Current Zoning: R-1A Direction: West Current Zoning: C-1 and C-2 Existing Land Uses: commercial and offices Thoroughfare Plan:  Existing Land Uses: single family residential  This property fronts on West Main Street near Junction Highway  Traffic Impact: To be determined Parking: To be determined recommends the case for approval.  Recommendation: Based on the consistency with the Kerrville 2050 Comprehensive Plan, staff On November 3rd, the Planning and Zoning Commission recommended the case for approval with a  unanimous vote.  RECOMMENDED ACTION:  Approve Ordinance No. 2023-02 on first reading. (Case No. PZ-2022-62)  ATTACHMENTS:  20221213_Ord2 2023-02. Zone Change 226 and 228 W Main.pdf    CITY OF KERRVILLE, TEXAS ORDINANCE NO. 2023-02  AN ORDINANCE AMENDING CHAPTER 60 OF THE CODE OF ORDINANCES, CITY OF KERRVILLE, TEXAS; BY CHANGING THE ZONING OF AN APPROXIMATE 0.63 ACRE PROPERTY KNOWN AS 226 AND 228 W. MAIN; FROM A PLANNED DEVELOPMENT ZONING DISTRICT (PDD) TO A LIGHT COMMERCIAL ZONING DISTRICT (C-2); AND PROVIDING OTHER MATTERS RELATING TO THE SUBJECT  WHEREAS, pursuant to Texas Local Government Code Sections 211.006 and 211.007, notice has been given to all parties in interest and citizens by publication in the official newspaper for the City of Kerrville, Texas ("City"), and otherwise, of a hearing held before the City Council on December 13, 2022, which considered a report ofthe City's Planning and Zoning Commission regarding its recommendations on this Ordinance, the adoption of which will result in the change of a zoning district for the property known as 226 and 228 W. Main and comprising approximately 0.63 acres; such change to result in the removal of the property from a Planned Development (Zoning) District (PDD) to placement within a Light Commercial Zoning District (C-  2); and  WHEREAS, on December 13, 2022, City Council held a public hearing on this zoning change pursuant to the published notice and has considered the application, comments, reports, and recommendations of the Planning and Zoning Commission  and staff, public testimony, and other relevant support materials; THE CITY OF KERRVILLE, KERR COUNTY, TEXAS:  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SECTION ONE. The Zoning Code for the City of Kerrville, Texas, Chapter. 60 of the Code of Ordinances of the City of Kerrville, Texas (the "Zoning Code"), and the Official Zoning Map are amended to designate the following described property  as zoned within a Light Commercial Zoning District (C-2):  Legal Description: Being a 0.63 acre tract, consisting of two tracts, both being out of the John Young Survey No. 118, Abstract 375; said property depicted at Exhibit A, attached hereto and made a part hereof for all purposes, and hereafter referred to as the Property." Address: 226 and 228 W. Main, Kerrville, Texas 78028.    SECTION TWO. The City Manager is authorized and directed to amend the City's Official Zoning Map to reflect the change in districts adopted herein and to take other actions contemplated by and in accordance with the Zoning Code.  SECTION THREE. The provisions of this Ordinance are cumulative of all other ordinances 01 parts of ordinances governing 01 regulating the same subject matter as that covered herein; provided, however, that all prior ordinances or parts of ordinances inconsistent with o1 in conflict with any of the provisions of this Ordinance are expressly repealed to the extent of any such inconsistency 01 conflict. This Ordinance repeals Ordinance No. 2002-21, as adopted on November 26, 2002, and which created the Planned Development (Zoning) District (PDD) on the Property. SECTION FOUR. The terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance is declared to be invalid, the same shall not affect the validity of the other provisions oft this Ordinance. SECTION FIVE. Pursuant to Texas Local Government Code $52.013(a) and Section 3.07 of the City's Charter, the City Secretary is hereby authorized and directed to publish the descriptive caption of this Ordinance in the manner and for the length of time prescribed by the law as an alternative method of publication. SECTION SIX. This Ordinance shall become effective immediately upon the expiration of ten days following publication, as provided for by Section 3.07 of the  City Charter.  PASSED AND APPROVED ON FIRST READING, this the  day of  A.D., 2022.  PASSED AND APPROVED ON SECOND AND FINAL READING, this  the  of  A.D., 2023.  ATTEST:  Judy Eychner, Mayor  Shelley McElhannon, City Secretary APPROYDASTO: FORM: K CK Michael C. Hayes, City Attorney  Page 2 of2  Ord. No. 2023-02    EXHIBIT A  316  325  814 802 808  312  808  307  313  804  320  809  250  814  228)  320  815 13  228  228  200  231  225  GtyfKerNille.k KAULUSDA, TNRIS  Location Map Case # PZ-2022-062 226 & 228 W Main StN  KERRI TEXAS 120  Legend  W  Location:  200' Notification Area Subject Properties  0 30 60 Scale Inl Feet  This producti is fori informational purposes andi may notl have been prepared for or bes suitable forl legal, engineering, ors surveying purposes. Ild does not  represent and on-the-ground survey andr represents only approximater relative locations.    KERRI IEXASA  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Ordinance No. 2022-32, second reading. An Ordinance annexing a tract of land into the corporate limits of the City of Kerrville, Texas; such property making up approximately 11.93 acres and generally located south of the intersection of State Highway 27 and Colvin Ranch Rd.; more commonly known as 5269 State Highway 27; such property more specifically described in this Ordinance and being located within the extraterritorial jurisdiction of and adjacent to the City Limits; adopting a service agreement; establishing the zoning for the annexed property as an Industrial and Manufacturing (IM) Zoning District; and AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 17, 2022  providing other matters relating to this subject.  SUBMITTED BY: Drew Paxton, Planning Director  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area N/A Guiding Principle N/A Action Item  N/A  SUMMARY STATEMENT:  Proposal: An ordinance to annex into the City of Kerrville's incorporated limits with a zoning classification of IM Industrial and Manufacturing on an 11.93 acre parcel comprised of approximately 8.93 acres out of the F. Rodriguez Survey No. 72, Abstract No. 280, and 2.99 acres out of the O.V. Robinson Survey No. 44, Abstract No. 282, part of a certain 172.58 acre tract described in Special Warranty Deed with Vendor's Lien, File No. 20-06214, Deed of Records of Kerr County, Texas; and more commonly known as 5269 HWY 27, Procedural Requirements: The City, in accordance with state law, mailed 11 letters on 7/21/2022 to adjacent property owners. The City published a similar notice in the Kerrville Daily Times on 7/14/2022. At the time of drafting this agenda bill, Development Services has received one comment, in opposition, from  Kerrville, TX 78028. (Case No. PZ-2022-34)  adjacent property owners.    Staff Analysis and Recommendation: Adjacent Zoning and Land Uses: Subject Property  Current Zoning: N/A County/ETJ Existing Land Use: Vacant Land Direction: North  Current Zoning: IM Industrial and Manufacturing Existing Land Uses: industrial manufacturing Direction: South Current Zoning: N/A County/ETJ  Existing Land Uses: aggregate production facility Current Zoning: PDD for the Airport Commerce Park Existing Land Uses: industrial, commercial, and vacant land  Direction: East  Direction: West  Current Zoning: N/A County/ETJ Existing Land Uses: vacant land  Consistency with the Kerrville 2050 Comprehensive Plan ("Comp Plan"): The subject property is within the Strategic Catalyst Area #11, surrounding the airport and Highway 27 corridor. Strategic Catalyst Area 11 lies on. the southeastern fringe of the city. It is characterized by its most obvious and unique asset: the Kerrville Municipal Airport. Future growth will capitalize on the airport and its industrial space while keeping a careful eye on the effect of these activities on nearby neighborhoods. Heavy Commercial and light industrial are allowable place types within this catalyst area. Agriculture and Outdoor Tourism place types are most appropriate south of SH27, near the Guadalupe River. Heavy Commercial Light Industrial uses are best adjacent to the airport. Developments should be sensitive to their proximity to the Guadalupe River; This location is south of Highway 27, surrounded by existing industrial uses. Although the catalyst area description recommends Ag and tourism uses on the south side of the river, this was written before two major TCEQ permits were issued for industrial uses outside: the city limits. This property has already received the TCEQ permit for the concrete batch plant. One of the adjacent properties has received its permit from TCEQ for aggregate production operations. Taking into account the existing industrial uses, this  additional buffering may be required.  property should also be used as industrial.  Thoroughfare Plan: The subject property is located on Highway 27.  Traffic Impact: Future traffic impacts of the future development will be reviewed through TxDOT. Parking: All off-street parking requirements will be met through final project design and approval.    Case Summary:The applicant is requesting that the City annex the property with a zoning of IM, Industrial and Manufacturing. Consistent with the Future Land Use Plan, this use is near the airport with direct access to highway 27. The applicant had previously requested a subdivision code waiver related to the extension of utilities. The applicant has worked with City staff for approval of the updated infrastructure plans, therefore Recommendation: Because the request is consistent with the adjacent development and the objectives of On August 4th, the Planning and Zoning Commission recommended the annexation and zoning for approval Action November 08, 2022:_City Council unanimously approved Ordinance No. 2022-32 on first reading.  the waiver request has been withdrawn.  the Kerrville 2050 Plan, staff recommends annexation and the zoning request.  with a unanimous vote.  RECOMMENDED ACTION:  Approve Ordinance No. 2022-32.  ATTACHMENTS:  20221213_Ord: 2022-32 Annex Zone 5269 State Hwy 27 second reading.pdf 20221213._mgam.Subdwso.Wawerwtiondrawal120922pdh    CITY OF KERRVILLE, TEXAS ORDINANCE NO. 2022-32  AN ORDINANCE ANNEXING A TRACT OF LAND INTO THE CORPORATELIMITS OFTHE CITY OF KERRVILLE, APPROXIMATELY 11.93 ACRES AND GENERALLY LOCATED SOUTH OF THE INTERSECTION OF STATE HIGHWAY 27 AND COLVIN RANCH RD.; MORE COMMONLYKNOWAN. AS 5269 STATE HIGHWAY2;SUCH PROPERTY MORE SPECIFICALLY DESCRIBED IN THIS ORDINANCE AND BEING LOCATED WITHIN THE ADJACENT TO THE CITY LIMITS; ADOPTING A SERVICE AGREEMENT; ESTABLISHING THE ZONING FOR THE ANNEXED PROPERTY AS AN INDUSTRIAL AND MANUFACTURING (IM) ZONING DISTRICT; AND PROVIDING OTHER MATTERS RELATING TO THIS  TEXAS;  SUCH  PROPERTY  MAKING  UP  EXTRATERRITORIAL  JURISDICTION OF AND  SUBJECT  WHEREAS, an owner of land has requested annexation by the City of Kerrville, Texas ("City"), pursuant to Local Government Code Section 43.0671;  and  WHEREAS, the land to be annexed makes up a total of approximately 11.93 acres, as more specifically described below (the Property"); and WHEREAS, the Property lies within the extraterritorial jurisdiction of WHEREAS, in conjunction with the approval of this Ordinance, City Council also approves a service agreement for the Property in accordance with  the City and adjacent to the City's limits; and  Section 43.0672 of the Texas Local Government Code; and  WHEREAS, Section 60-37 of the City's Zoning Code creates procedures WHEREAS, having provided all required public notices, held all required public hearings at which persons with an interest in the matter were provided an opportunity to be heard, and complying with other requirements in Section 43.0673 of the Texas Local Government Code, City Council finds it to be in the public interest to adopt this Ordinance annexing the Property, to approve a service agreement as required by state law, and to establish zoning  for initial zoning of newly annexed areas; and  regulations for the Property;    NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL SECTION ONE. FINDINGS. City Council finds and declares the facts and recitations contained in the preamble of this Ordinance true and correct. SECTION WO.ANNEXATION. The property described and depicted in Exhibit A (the Property") is annexed and incorporated into the corporate  OFT THE CITY OF KERRVILLE, KERR COUNTY, TEXAS:  limits of the City of Kerrville, Texas, for all legal purposes.  SECTION THREE. AMENDMENT TO CITY BOUNDARY. City Council authorizes and directs the City Manager, o1 designee, to amend the City's official boundary map in accordance with the annexation taken in  Section Two.  SECTION FOUR. PETITION FOR. ANNEXATION. The petition for annexation concerning the Property is attached as. Exhibit. B and incorporated herein by reference, said petition, which triggered the process specified in Subchapter C-3, Chapter 43, Texas Local Government Code, authorivzing the  annexation of the Property.  SECTION FIVE. AGREEMENT REGARDING: SERVICES. Pursuant to Section 43.0672 ofthe Texas Local Government Code, the City has negotiated and hereby enters into a Service Agreement (the Agreement") with the owner of land for the provision of services in the area. The Agreement is attached to this Ordinance as Exhibit C and by this reference is incorporated into it. Upon annexation of the Property, the City shall provide the Property with the municipal services set forth in the Agreement pursuant to the schedule set forth therein, such services making up the City's full municipal services. The City shall have no obligation to provide services to the Property  not listed in the Agreement.  SECTION SIX. ZONING. Upon the adoption ofthis Ordinance, and in accordance with Section 60-37 of the City's Zoning Code, the Property will be zoned as an Industrial and Manufacturing (IM) Zoning District, which will authorize such property to be used in ways consistent with those land uses  specified in that district.  Page2of4  Ord.No.2022-32    SECTION SEVEN. CUMULATIVE CLAUSE. The provisions of this Ordinance are to be cumulative of all Ordinances 01 parts of Ordinances governing o1 regulating the same subject matter as that covered herein; provided, however, that all prior ordinances or partsofordinances: inconsistent with o1 in conflict with any of the provisions of this Ordinance are hereby expressly repealed to the extent of any such inconsistency 01 conflict.  SECTION EIGHT. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase oft this Ordinance is, for any reason, held to be unconstitutional 01 invalid, such holding shall not affect the validity of the: remaining portions ofthis Ordinance. City Council hereby declares thatit would have passed this Ordinance and each section, subsection, sentence, clause, o1 phrase hereofirrospective of the fact that any one 01 more sections, subsections, sentences, clauses, 01 phrases be declared unconstitutional o1  invalid.  SECTION NINE. PENALTY. The penalty for violation of this Ordinance shall bei in accordance with the general penaltyp provisions contained in Article 1-1-7 oft the Code ofOrdinances oft the City of Kerrville, Texas, which provides for a fine not exceeding TWO THOUSAND DOLLARS ($2,000.00).  SECTION EIGHT. PUBLICATION OF ORDINANCE. accordance with Section 3.07 of the City Charter and Texas Local Government Code $52.013(a), the City Secretary is hereby authorized and directed to publish the descriptive caption of this Ordinance in the manner and for the length of time prescribed by the law as an alternative method of publication. SECTION NINE. POST ANNEXATION ACTIONS. The City Manager o1 designee shall provide a certified copy of this Ordinance to the Texas Secretary of State, Kerr County, and Kerr Central Appraisal District  In  and any other entity as may be required.  PASSED AND APPROVED ON FIRST READING, this the 08  day of NovexAhey  A.D., 2022.  PASSED AND APPROVED ON SECOND READING, this the  day of  A.D., 2022.  Page3of4  Ord. No. 2022-32    Judy Eychner, Mayor  APPROVEDA TC FORM: WW  ATTEST:  Michael C. Hayes, City  Shelley McElhannon, City Secretary  K  Page 4 of4  Ord. No. 2022-32    EXHIBITA  (27)  000  V01  5269  010  Location Map Case # PZ-2022-034 Location: 5269 Highway 27  KERRD  Legend  W  200' Notification Area Subject Properties  150 300 Scale In Feet  600  This producti is fori informational purposes andi may not! have been prepared for or bes suitable for legal, engineering, ors surveying purposes. Idoesr not  represent and on-ti the- ground survey andr represents only approximate relative locations.    EXHIBIT "A"  FIELD NOTE DESCRIPTION OF A11.93. ACRE TRACT BEING APORTION OF A172.58 ACRE TRACT WITHINTHE F. RODRIGUEZSURVEY No. 72, ABSTRACT No. 280 AND THEO.V. ROBINSON: SURVEY No, 44, ABSTRACTNO.: 282  KERR COUNTY, TEXAS  Belng an 11.93 acre portion oft that certaln 172,58 acre tract out of original survey number 44, abstract number 282 and original survey number 72, abstract number 280 according tot the Special Warranty Deed with Vendor's Lien filed as Document Number 20-06214, Deed Records of Kerr County, Texas; more (NOTE: The following courses arel based on a RTK/GNSS survey conducted on the ground, N.A.D.83 datum, Texas State Plane Coordinates, South Centralz Zone reduced to horizontal ground distances expressed in U.5. Survey feet. Where record or deed courses differ from the surveyed values, the record value Is: shown Inj parenthesls) BEGINNING ata al % inch diameter steel rodi found on the southwesterly Right-of-Way ofTexas State Highway No. 271 marking the northerly most corner oft that certain! 5.0: acret tract or parcel ofs, Chapman as conveyed by the deed filed in' Volume 1189, Page 80, Official Public Records of Kerr County, Texas THENCE: southerly along and with al barbed wire fence along the westerly line ofs sald 5.0 acre tract, S00-5418'Eat760.85 feet (S00P53'59"E, 760.99 feet) to a XInch diameter steel rod with plastic cap marked "Voelkel" found marking the southwest corner ofs sald 5.0 acre tract identical to the northwest corner ofl Lot 2R, Block: 1, "Kerrville Airport Commerce Park Phase !" accordingi to the document: filed in Volume 1427, Page 481, Official Public Records of Kerr County, Texas for an angle int the east line oft the THENCE continuing southerly with said wire fence along the west line of said Lot 2R, S00°54'09'E, (S0053'59"E) 240.24 feett to: a! 5/8 Inch diameter steel rody with cap: stamped "WES RPLS5907", set int the THENCE westerly across open ground, $89905'51'W, at 99.261 feet pass a 5/81 inch dlameter steel rod with cap stamped "WES RPLS 5907" set marking the: southwest corner of a variable width easement, continuing In total 109.18 feet to a! 5/81 inch diameter steel rody with cap: stamped "WES RPLS 5907" THENCE: southerly along the west side ofay wirei fence more or less parallel, $01°28'12"E, 220,64 feet toa 5/81 inch diameter steelrod with cap: stamped' "WES RPLS: 5907" set marking an angle point In the east THENCE southwesterly continuing more or less alongt the west: side of said fence, $17044'50'W, 202.67 feet to a 5/8 inch diameter steel rod with cap stamped "WES RPLS 5907" set marking an angle point In THENCE continuings southwesterly more or less along the west side of sald fence, $29047'59"W, 109.09 feet to a 5/8 inch diameter steel rod with cap: stamped "WES RPLS 5907" set marking an angle point In  particularly described by its metes and bounds ast follows:  being the northeasterly most corner of the herein described tract;  hereln described tract;  fence marking the southeast corner of the herein described tract;  markinga a reentrant corner In the herein described tract;  line oft the herein described tract;  the southeast line of the herein described tract;  -PHPCHReeHeeAEAPEAP  WELLBORN TBPLS FIRM NO, 10194410  631 WATER STREET KERRVILLE, TX 78028  ENDINEERING & SURVEYING  PHONE: B30.217.7100 WW.MELLBDEMENDINEERINB.DOM  FIELD NOTES 11.93 ADRE PART OF A 172.58 ACRE TRACT KERR 00.    THENCEsouthwesterly, continuing more or less along the: said fence, converging with said fence line, S34°42/07'W, 149.93 feet to a 5/81 inch diameter steel rod with cap stamped "WES RPLS 5907" set THENCE northwesterly: alonga al barbed wire fence, N48925/48"W, 841.181 feet to al % Inch diameter steel rod with plastic cap marked "Voelkel" found at a point of intersection with the southeast line oft that certain 6.21 acre tract or parcel ofJ. Roundtree Identified as "Tract II" according to the deed filedin Volume 1742, Page 856, Official Public Records of Kerr County, Texas Identical tot the south-southwest THENCEnortheasterly, between said "Tract II" and the hereln described tract, N41°42'39"E, 18.53 feet to al %1 inch dlameter steel rod with plastic cap marked "Voelke!" found marking the northeast corner ofs said THENCE with al barbed wire fence, N48920'50'W, 47.961 feet (N48°33'33"W, 47.76feet) to a 21 Inch THENCE continuing with the sald fence, N36019'23'W, 16.84 feet (N36000/24"W, 16.73 feet) to a: 3 inch dlameter steel fence post marking an angle pointi In: said' "Tract II" Identical to the: southwesterly corner of that certain 10,43 acre tract of Fox" Tank: according tot the deed filed as Document Number 12-2266, Official Public Records of Kerr County, Texas belng the southwesterly most corner oft the herein described THENCEnortheasterly along al barbed wire fence between sald: 10.43 acre tract and the herein described tract, N65°50'56'E, 266.25 feet (N65°51'11'E, 266.34) feet) to as 31 inch dlameter steel fence post marking THENCE continuing along the said fence between said tracts, N79041'38"E, 80.61 feet (N79049'06'E, 80.75 feet) to a3i inch diameter steel fence post marking an angle point int the common boundary THENCE continuing alongt thes said fence between said tracts, N80029'03'E, 549.56 feet (N80°30'24'E 549.70feet) tos a 3 inch diameter steel fence post marking the southeasterly corner of sald 10.43 acre THENCE continuing northerly along and with said barbed wiret fence on the east line of said 10,43 acre tract, NO1011'19'W, 748.77 feet (N0101433"W, 749.19f feet) to al % inch dlameter steel rod with plastic cap marked "Voelkel" found In said fence marking an angle pointi in the common line between said 172.58 acre. tract and said 10.43 acre tract for an angle point Int the herein described tract; THENCE leaving sald fencel between sald: 10.43 acre tract and: said 172.58 acre tract, N36'37'13"E, 45.54 feet, (N36°14'16'E 45.65 feet) to al % inch dlameter: steel rod with plastic cap marked "Voelkel" found marking an angle point In the said common boundary for an angle point in the herein descrlbed tract;  marking the southerly most corner oft the herein described tract;  corner of the herein described tract;  "Tract I!" for an angle pointl Int the common boundary line;  diameter steel fence post marking an angle pointi ins said common boundary;  tract;  ana angle point in the common boundary between said tracts;  between said tracts;  tract for an angle pointi int they west boundary of the herein described tract;  WELLBORN TBPLB FIRM ND. 10194410  631 WATER BTREET KERRVILLE, TX 7B028  PHONE: B30.217.7100 MWW.WELIBOENENGINEERINB.CCM  ENBINEERING & SURVEYING  FIELD NOTES 11,93 ACRE PART OF A 172.58 ACRE TRADT KERR co.    THENCE northeasterly continuing between said parcels, N23°54'33"E, 62.091 feet, (N23957/41'E 62.09 feet) toa a! %1 Inch diameter steel rod with plastic cap marked "Voelkel" found on the sald: southwest Right- of-Way ofTexas State Highway 27 marking the northeasterly most corner of said 10,43 acre tract Identical to the northerly most corner ofs sald 172.58 acre tract for the northerly most corner oft the THENCE southeasterly along the said southwest Right-of-Way of Texas State. Highway: 27,552914'18"E, 64.261 feet, (S52015'24"E, 64.26 feet) tot the POINT of BEGINNING, the whole of which contains 11.93  herein descrlbed tract;  acrest more or less.  Based upon a survey conducted ont the ground Under my direction and supervislon October 9, 2020 Sba  Dated:12/29/2021  R. Scott McClintock, Sr. Registered Professlonal Land Surveyor State ofTexas Registration No. 5907  5907  WELLBORN TBPLB FIRM NO. 10194410  631 WATER STREET KERRVILLE, TX 78028  ENGINEERING & BURVEYING  PHONE: B30,217.7100 YWN.WELBORMENRLMIG.DON  FIELD NOTES 11,93 ACRE PART OF A 172.58 AORE TRAOT KERR 00.    EXHIBITA  LEGEND o FOUND 1/2" STEEL ROD W/CAP 'VOELKEL" FOUND FENCE CORNER AS NOTEO e SET 5/8" STEEL ROD W/CAP "WES RPLS 5907" "o UTILIY POLE (COURSE VALUE PER DEEO FILE NO. 16-6027 O.PR.K.C.T.) PROPERTY LINE ADJOINER LOT UNE EASEMENT LINE ORIGINAL SURVEY UNE  PROPERTY, LOCATION  GRID 200 400 100 300 SCALE: 1"=200' N2354'33"E 62,09 (N235741 62.09) N36'37'13"E 45.54 (N3641'16E 45.65') VARIABLE WIDE ACCESS EASEMENT  VICINITY MAP 1"-3000' SOURCE: KERRVILLE GIS  (S5215'24E $521418"E 64.26'. 64.26)  P.O.B EASEMENT & TRACT e    5.0 ACRES S. CHAPMAN VOL. 1189, PG. a0 O.P.R.K.C.T.  10.43 ACRES FoX TANK FILEA12-2266 O.PR.K.C.T. % 0 " SIEEL FENCE POST NOC29Os'E 549.56 (IB03 3024E 540.70) NO111'19'W! 200.00'1  TRACT I 6.21 ACRES .ROUNTREE VoL. 1742, PG. 856 N79'41'38"E 80.61 O.P.R.K.C.T. (N79'49'06E 80.75) N65'50'56'E 266.25' (N655111E 266.347 3" STEEL FENCE POST 3 STEEL FENCE POST, 2" STEEL. FENCE POST N48'20'50W 47.96' (14B3333W 47.76") N36'19'23W. 16.84 (N36'00'24W 16.73)7 N414239'E 18.53-  LS89'05'51W 109.18' LOT 2R BLOCK KERRVILLE AIRPORT COMMERCE PARK: PHASE voL. O.P.R.K.C.T. 1427, PG. 481  11.93 ACRES DRT RRSOURCES, OUT OPA A. IIC 172.68 to WIISON, ACRE TRACT HENRY, LLC FILE NO. 20-00214 D.R.K.C.T.   S29'47'59W 109.09  5.187 ACRES KERRVILLE AIRPORT COMMERCE PARK VOL. 1427, PG. 481 O.PR.K.C.T.  $34:42'07W 149.93  160.65 ACRES REMINDER  : SURVEYOR'S CERTIFICATION HEREOY CERTIFY THAT! - AM A PROFESSIONAL LAND SURVEYOR, LICENSED AND REGISTERED IN THE STATE OF TEXAS, AND THAT. THIS PLAT! REPRESENTS AS SURVEY MADE BY ME OR UNDER MY DIRECT SUPERVISION, THAT ALL CORRECT DIMENSIONAL AS SHOWN, DETALS ALL. AND EASEMENTS RELATIVE AND BEARINGS RIGHTS OF ARE WAY OF RECORD ARE AS SHOWN, AND THERE ARE NO ENCROACHMENTS OR OVERLAPS OF IMPROVEMENTS, EXCEPT AS NOTEO HEREON. DATED: DECEMBER 28, 2021 -E R.Scoll McClintock, S. RPLS. Registrolion No. 5907  BOUNDARY SURVEY A 11.93 ACRE PARCEL COMPRISED OF APPROXIMATELY 8.93 ACRES OUT OF THE F. RODRIGUEZ SURVEY NO. 72, ADSTRACT NO. 280, AND 2.99 ACRES oUT OF THE O.V. ROBINSON SURVEY NO. 44, ABSTRACT 282, PART OF A CERTAIN 172.58 ACRE TRACT DESCRIDED IN SPECIAL WARRANTY DEED WITH VENDOR's LIEN FILE NO. 20-06214, DEED RECORDS oF KERR COUNTY, TEXAS G31 WATER: STREET KERRVILLE, TX 70028 FIRMI 10194410 030-217-7100 WES: 20-139 ! 200 JSM J5M KSM LAST NELDN VISIT: 04.27.2021 LASTO ORAFT REVISION: 12.28.2021  wellbomengncenng. com T.B.P.E.L.5. SMEET! HO, 1oll  SCOIT  WELLBORN PROJEGT: SCALE: NED: ORAFTING: CHECKED:  ENGINEERING & SURVEYING    EXHIBIT B  PETITION REQUESTING ANNEXATION BY AREA LANDOWNERS TO THE MAYOR OF THE GOVERNING BODY OF KERRVILLE, TEXAS: The undersigned owners of the hereinafter described tract of land, which is vacant and without residents, o1 on which fewer than three qualified voters reside, hereby waive the requirement to be offered a development agreement pursuant to Section 43.016 of the Texas Local Government Code (where applicable); and petition your honorable Body to extend the present City limits s0 as to include as part tofthe  City of Kerrville, Texas, the following described territory, to wit:  See ExhibitA  We certify that the above described tract ofl land is contiguous and adjacent to the City of Kerrville, Texas, and that this petition is signed and duly acknowledged by  each and every person having an interest in said land  Signed:  51  THE STATE OF TEXAS COUNTY OF KERR FARL NALAm  BEFORE ME, the undersigned authority, on this day personally appeared subscribed to the foregoing instrument and acknowledged to me that. he o1 she executed the same for the purposes and consideration therein expressed.  known to me to be the person(s) whose name(s) is  Given under my hand and seal ofoffice, thjs Z4  2022  DL Notary Public in and for Kerr County, Texas  KOYHMANN DEREKI Stato ol Texas M Comm. NOTARY 1D8: 129777703    EXHIBIT C  ANNEXATION SERVICE PLAN  I.  INTRODUCTION: This Service Plan for the extension of municipal services to the area to be annexed was developed in accordance with state law. Municipal facilities and services to the annexed area will be provided o1 made available on behalf of the City of Kerrville, Texas ("City") at the  levels and schedule specified below.  II. UNIFORM LEVEL OF SERVICES: The City shall provide services by any oft the methods by which it extends the services to any other area of the municipality, based upon differing characteristics of topography, land use, and population density, which may be considered a sufficient basis for  providing differing levels of service.  III. SPECIFIC FINDINGS: City Council finds and determines that this Service Plan, as provided below, will provide full municipal services to the annexed area both adequate to serve the annexed area and commensurate with the levels ofs services provided in other parts of the City with the same or similar topography, land use, and population density, and it will not provide a lower level of service in the annexed area than were in existence at the time immediately preceding the effective date of annexation.  SERVICE  DETAILS OF SERVICE PROVIDED TIMETABLE services, including the application and following enforcement of building, electrical, annexation, plumbing, and other related code zoning to be requirements adopted by the City shall concurrent with be made immediately to the area upon annexation. annexation. The adoption of zoning plan shall be in accordance with the procedures oft the City's Zoning Code.  Code Enforcement The provisions of Code Enforcement Immediately  Fire Protection and Emergency (EMS)  Fire protection and emergency medical Immediately services will be provided to the annexed following area from existing fire stations closest to the area of annexation. Emergency dispatch assignment of Fire Services resources to the annexed area would be the same as currently provided in areas of similar land use and population  Medical Services area. The City will serve the annexed annexation  within the City.    SERVICE Fire Prevention  DETAILS OF SERVICE PROVIDED TIMETABLE The services of the City's Fire Marshall Immediately  shall be provided to the area.  following annexation.  Library  Residents of the area, if any, will Immediately continue to be entitled to utilize the following The City will maintain park and Immediately recreation facilities located within the following annexed area, if any, on the effective annexation date of annexation on the same basis and at the same level as similar facilities are maintained throughout  City's Library facilities.  annexation.  Parks and Recreation Facilities  the City.  Police Protection Police Services will provide protection Immediately  and law enforcement services to the following annexed area. The level of service will annexation be at: the same level as currently provided in areas of similar land use and population within the City. These services include the following: 1) regular patrol oft the area, 2). handling of complaints and incidents, 3) traffic enforcement, and 4) special units, such as criminal investigations, narcotics, services, and special weapons and  crime tactics.  prevention,  neighborhood  Maintenance of Streets  The City's Public Works Department Immediately streets, drainage, and regulatory signs annexation on the effective date ofannexation. The same basis and level of services currently provided throughout the City will be adhered to as follows: 1.E Emergency maintenance of streets to include repairofhazardous potholes, ice and snow monitoring of major thoroughfares necessary for traffic flow.  Existing Roads & will maintain existing roads and following  Page2of5    SERVICE  DETAILS OF SERVICE PROVIDED TIMETABLE  2. Routine maintenance of public streets and rights-of-way performed 3. Street sweeping services may occur based upon need and funding. 4. Installation and maintenance of traffic signs, street markings, and other traffic control devices as the need is established by appropriate study and traffic standards. Private streets, including ingress/egress easements, access easements, common areas, common driveways and anything else which has not been specifically dedicated and accepted as public right- of- way, will not be maintained by the City. Public streets will be included in the City's preventive maintenance program. Preventive maintenance projects are prioritized and scheduled based on a variety of factors, including surface condition, transversibility, age, traffic volume, density of dwellings per block, adjacent street conditions and available funding. Any necessary rehabilitation o1 reconstruction will be considered on a citywide priority basis.  within the City.  Solid Waste Collection  Solid Waste collection to the annexed Immediately area will be provided on the same basis following and at the same level as provided annexation throughout the City, in accordance with  applicable law.  Traffic Engineering  Traffic control devices and street Immediately markers shall be installed where following deemed necessary by the City street annexation department, except as provided by the Texas Department ofTransportation.  Page3of5    SERVICE Water Service  DETAILS OF SERVICE PROVIDED TIMETABLE The City will provide for the As the property maintenance of City-owned public develops water lines within the annexed area provided that the area is within the City's Certificate of Convenience and Necessity area as determined by the Public Utility Commission (PUC) beginning on the effective date of the annexation. Water service is provided at the same level as currently provided ina areas ofs similar topography, land use, and population within the City. The City's policy that water extensions are the responsibility of the developer of property will be applied in this area.  Wastewater Service  The City will provide for the As the property maintenance of sanitary sewer lines develops within the annexed area provided that the area is within the City's Certificate of Convenience and Necessity area as determined by the Public Utility Commission (PUC) beginning on the effective date of the annexation. Sanitary sewer service is provided at the same level as currently provided in areas of similar topography, land use, and population within the City. The City's policy that sanitary sewer extensions are the responsibility of the developer of property will be applied to this area. Maintenance of all parts of the sewer system will begin as those parts are put into service. The sewer system will be maintained with the same frequency and level of effort as comparable parts of the system in other  parts of the City.  Page 4of5    SERVICE Provision for Other City Services  DETAILS OF SERVICE PROVIDED TIMETABLE Other City services that may be Immediately provided by the City such as planning, following inspection, animal control, municipal annexation court, and general administration will be made available on the same basis and at the same level as provided  throughout the City.  Mis. Page 5of5    KENNETH W. BROWN, AICP DANIEL ORTIZ JAMES MCKNIGHT  CAROLINE MCDONALD KEVIN DEANDA MATTHEW T. GILBERT LINDSAY K. YOUNG PAUL M.. JUAREZ OF COUNSEL  BROWN & ORTIZ, P.C.  ATTORNEYS AT LAW 112 E. PECAN STREET SUITE 1360 SAN ANTONIO, TEXAS 78205 TELEPHONE: 210.299.3704 FAX: 210.299.4731  December 9, 2022  Subdivision Regulation Waiver Development Services Department clo Drew Paxton, Planning Director  City of Kerrville 701 Main St. Kerrville, TX 78028 Re: Ingram Readymix  Subdivision Plat for Ingram Readymix No. 10 (the Readymix Plat") Withdrawal of Subdivision Platting Waiver Request  Dear Mr. Paxton,  The purpose of this correspondence is to formally withdraw our previous submittal dated October 6, 2022, requesting a waiver to Section 82-50(e)(1) ofthe City of Kerrville Subdivision Code. Our team has been working with yours and have reached an agreement on how utilities and utility easements are being handled for the proposed development on the Subject Property. More specifically that the improvements and easements we are proposing for the Subject Property meet the standards of the City's Subdivision Code. Based upon the most recent set of comments from the City concerning our submitted civil plans (dated December 9, 2022), and based on our engineer's response to these comments, the only outstanding items therein have to do with development provisions not connected with the purpose for our waiver request. For that reason, and in reliance on that most recent plan, we are no longer seeking a waiver to City's  subdivision requirements for the Property.  Sincerely,  James McKnight Brown & Ortiz, PC  #  City Representative  Representative for Owner, Ingram Readymix    KERRI TEXAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Ordinance No. 2022-30, second reading. An Ordinance creating a new Chapter 80 "Short-Term Rental Units"; requiring permitting for Short-Term Rental Units; containing a cumulative clause; containing a savings and severability clause; providing for penalties not to exceed $2,000.00; ordering publication; providing an effective date; and providing an AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 16, 2022  effective date; and providing other matters related to the subject.  SUBMITTED BY: Guillermo Garcia  EXHIBITS: Expenditure Required: $0  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: $0  $0  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item  N/A N/A  SUMMARY STATEMENT:  Along with the Zoning Code Amendment, City Council, with a recommendation from the Planning and Zoning Commission, requested a Short Term Rental Permit (STR Permit). Short term rentals are permitted in limited residential districts (including downtown and mixed Short-term rental unit means a facility, located in a residential zoning district, used for the purpose of providing short-term lodging for compensation, architecturally designed to look like a single-family dwelling, which may also be occupied concurrently as the residence for the owner, operator, or manager of the property, or providing separate lodging units such as cabins, guest homes, or similar residential-scale structures but in any instance, may not This ordinance adds a permitting requirement for all STRS within the City limits. As with other operational permits, this ordinance sets out the application process for issuance and potential denial of a permit. It includes several operational requirements, including those captured from previous CUP resolutions. The adoption of this permit requirement is a result  use).  The current zoning code includes the following definition:  lodge more than ten occupants.    of the discussions and recommendations from two Joint City Council and P&Z Workshops; This draft is a result of the work and recommendations of the STR Committee this fall. On 11-08-22, City Council approved Ordinance No. 2022-30 unanimously on first reading with three amendments, and to set a time for future review of the Ordinance by December  the STR Townhall meeting, and the work of the STR Committee.  2023. Amendments:  Create a new Chapter dedicated to Short-Term Rentals Strike the #2 Whereas clause and strike #4 Whereas clause.  Ifa structure has an occupancy sleeping over ten individuals, then the structure  requires a sprinkled fire system  RECOMMENDED ACTION:  Approve Ordinance No. 2022-30, on second reading.  ATTACHMENTS:  20221213_Ord 2022-30 Creating new chapter 80 STR.pdf    CITY OF KERRVILLE, TEXAS ORDINANCE NO. 2022-30  AN ORDINANCE CREATING A NEW CHAPTER 80 "SHORT- TERM RENTAL UNITS"; REQUIRING PERMITTING: FOR SHORT-TERM RENTAL UNITS; CONTAINING A CUMULATIVE CLAUSE; CONTAINING: A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR PENALTIES NOT TO EXCEED $2,000.00; ORDERING PUBLICATION: PROVIDING AN EFFECTIVE DATE; AND PROVIDING OTHER MATTERS  RELATED TO THE SUBJECT  WHEREAS, the increase in the number of persons 01 entities desiring to rent their residential properties has led to an increase in vacation rental uses within  neighborhoods; and  WHEREAS, the regulation of the use and operation of such "short-term rental" properties isi intended tol limit anyimpact ofsuch uses on other properties and uses, and further advance the City's objective of promoting and preserving great neighborhoods, as cited within the City's Comprehensive Plan (Kerruille 2050); and WHEREAS, based upon community input at a' town hall" style meeting, input from the Planning and Zoning Commission, as well previous Council discussion, staff has drafted regulations to address concerns while also continuing for the City to  authorize such use; and  WHEREAS, based upon input from citizens, operators, and the Short-Term Rental Committee, City Council believes that a stand-alone ordinance is needed to provide clear rules for such rentals and to register with the City currently operating short-term rental units based upon their right to use their property for this purpose pursuant to the City's Zoning Code (Ch. 60, City's Code of Ordinances) 01 because they were operating as a pre-existing grandfathered) use prior to the adoption of the  current Zoning Code; and  WHEREAS, the requirement of an annual short-term rental permit that can be suspended 01 revoked in the event of repeated nuisance violations incentivizes operators of short-term rental properties to assure their renters' compliance with the law and City ordinances, and provides a means for the City to protect the welfare of its citizens living in proximity of properties not being responsibly managed; and  WHEREAS, City Council desires to establish rules and regulations relating to  the operation of short-term rentals; and    WHEREAS, City Council finds that regulating the short-term rental of residential property is necessary for the health, safety, and welfare of the general public, the promotion of consistent land uses and development, and the protection of  landowners and residents of the City;  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SECTION ONE. A new Chapter 80 Short-Term Rental Units" oft the Code of Ordinance of the City of Kerrville, Texas, is created to add the language that is  THE CITY OF KERRVILLE, KERR COUNTY, TEXAS:  underlined (added) as follows:  "Chapter 80-SHORT-TERM RENTAL UNITS  Sec. 80-1.- Purpose of Chapter.  The purpose of the regulations set forth in this chapter is to provide a procedure to allow the rental ofp private residences to visitors on a short-term basis, while ensuring that such use does not create adverse impacts to residential neighborhoods. Additionally, this chapter is intended to ensure that the number of occupants within such rental units does not exceed the design capacity of a structure to cause health and safety concerns, and that minimum health and safetystandards are maintained in such units to protect visitors from unsafe or unsanitary conditions. Sec. 80-2. -I Definitions. As used inj this chapter, the following definitions apply: Department means the department(s), designated by the City Manager to enforce and Designated: operator means the operator ofas short-term rental unit who must be able tor respond to a City employee or guest ofas short-term rental unit within a reasonable Director means the director of the department(s) designated by the City Manager to enforce and administer this chapter and includes representatives. agents, or Permittee means a person or legal entity issued a short-term rental unit permit. Owner means an individual person, proprietorship, partnership, corporation,  administer this chapter.  amount of time from such contact.  department employees designated by the director(s).  association, or other legal entity,  Page 2 of11  Ord. No. 2022-30    Short-term rental unit means a facilityused for the purpose of providing short-term lodging for compensation (i.e., less than 30 days). which may also be occupied concurrently as the residence for the owner, operator, or manager of the property,or providing. separate lodging units such as cabins, guest homes, or similar residential- Zoning Code means the City's Zoning Code, as found within Chapter 60 of the City's  scale structures. Code of Ordinances.  Sec. 80-3. - Permit required.  Iti is unlawful to operate a short-term rental unit: (1) Without a short-term rental unit permit;  (2) In violation of this chapter or any other applicable City ordinance or law: (3) Without having a valid conditional use permit, if required by the Zoning  or Code.  Sec. 80-4.- - Permit application and review.  (a)To obtain an annual permit to operate a short-term rental unit, a person must submit an application to the director on a form provided for that purpose and pay the nonrefundable permit fee. The applicant must be the owner or designated operator of the short-term rental unit. Ift the owner or designated operator is not an individual, an authorized officer or agent ofthe owner or operator must submit the form. The application must contain the following information before itis (1) The name, street address, mailing address, email address, and telephone number of the owner and the designated operator oft the short-term rental unit. Where the applicant is the owner, the owner must assign a Designated Operator" who may be the owner. The designated operator must be able to respond to the director or guest ofa short-term rental unit within a reasonable time of such contact. The owner and designated operator may be the sameor (2) If the owner or designated operator is a legal entity, the application shall list the names ofall partners, directors, members, and officers, as applicable.  considered complete and subject to review:  separate persons or entities.  Page 3 of11  Ord. No. 2022-30    (3)Ascaled site plan which includes property lines, parking spaces, and fences. (4)Applicant agrees toj pay all ad valorem taxes and occupancy taxes, including fees, fines, and penalties owed to the Gityinconnections with real property used (5) The maximum number of guests that will stay at the short-term rental unit (6) Completion of a form provided by the City wherein the applicant swears and affirms that the short-term rental unit includes the following, in working condition and in accordance with this chapter and the City's fire code: smoke detectors, fire extinguisher, and adequate exits to an exterior area in each bedroom. Attached to the form, the applicant shall include the sketch referred (7)A statement that, by filing this application. the applicant swears and affirms under penalty of perjury that, to the best of the applicant's knowledge. all information contained in the application is true and correct and that the application is complete and includes all information required to be disclosed (b) When a conditional use permit is required. such permit must be issued prior  too operate the short-term rental unit.  pursuant to section 80-11.  toin section 80-9.  under this section.  to the issuance of a short-term rental unit permit. Sec. 80-5.-Length of permit: renewal.  (a)As short-term rental unit permit is intended as an annual permit, to begin on January 1 and to terminate at 11:59 pm on December 81. An initial permit may be issued for a lesser amount of time s0 as to eventually align with the standard permit dates. A permit may be renewed by applying in accordance with section (b) Short-term rental units with a valid conditional use permit 01 that are allowed by right per the Zoning Code, as of October 15, 2022 are required to obtain a permit under the provisions of this chapter on or before June 1, 2023.  80-14.  Sec. 80-6. - Permit Fees.  (a) The annual fee for aj permit to operate a short-term rental unit is as determined  from time to time by City Council.  Page 4 of11  Ord. No. 2022-30    (b) The City will not refund aj permit fee. Sec. 80-7.-Issuance or denial of permit.  Upon payment of the fee and the submission ofa complete application, the director shall issue an annual permit to operate a short-term rental unit to the applicant, to include the number of authorized guests, ift the director determines that:  (1)The applicant has complied with all requirements within this chapter: (2)The owner of the short-term rental unit does not own or operate another permitted unit in the City for which the permit is currently suspended or has (3) The applicant has not knowingly made a false statement as to a material  been revoked; and  matter in the application fora a permit.  Sec. 80-8. - Notification of Change ofInformation.  The permittee shall notify the department within 10 days after any material change in the contact information contained in the application for a permit.  Sec. 80-9.-C Operational Standards.  Each permittee shall ensure guests' health, safety, comfort, and protection from (1) City zoning and building codes: federal, state, and City adopted fire codes and applicable standards: federal, state, and city health and safety codes: (2) Smoke alarms must be installed and operational in compliance with the City's fire code to include installation within each sleeping rom.immediately outside of each sleeping area, and on each story of the building, including any basement or  hazards and shall comply with the following:  attic:  (3) Pathways and stairways must remain unobstructed;  (4) Post, in a conspicuous place within the short-term rental unit, a sketch of the floor plan, which identifies sleeping areas, maximum number of guests,  evacuation route(s), and location of fire extinguisher(s).  Page 5 of11  Ord. No. 2022-30    (5) Maintain the property and its premises in a clean and sanitary condition; (6) The permittee shall comply with the City's occupancy tax requirements as (7)The designated operator shall provide guests via a posted "guest notification" form within the short-term rental unit and/or email such form with the following information: the name and contact information of the owner and/or designated operator; emergency information, to include phone numbers for police and fire: (8) The occupancy limit shall be included in all marketing materials, dvertisements, and online listings for the short-term rental unit.  found within the City's Code of Ordinances:  and the occupancy limits:and  Sec. 80-10. - Emergency precautions.  The permittee shall provide fire escapes and exits that are maintained in good repair and accessible at all times in accordance with applicable fire codes, as Sec. 80-11.-Additional requirements and restrictions for Short-Term Rental  amended. Units.  (a) Parking.  (1) The requirements of this subsection do not apply to properties: (a) located within the Downtown Arts and Cultural Zoning District: or (b) whose designated operator provides evidence to the City that their property was in (2)Aminimum of one (1) off-street parking space is required per bedroom. (3) Required parking spaces must be improved in accordance with the City's design standards prior to issuance of a permit, such standards found within  use as a short-term rental unit prior to October 1. 2019.  the City's Design Standards.  (b) Signs.  (1)InR-E, R-1,R-1A. R-2, and RT zoning districts, no sign shall be permitted on the premises except a non-illuminated nameplate not to exceed three total  Page 6 of11  Ord, No. 2022-30    square feet in size and attached to the structure or fence or free-standing, but ()Incommercial zoning districts, signage shall comply with the requirements of Chapter 92 (sign code) of the City's Code of Ordinances unless operating (c) Lighting, If the property is residentially zoned, all lighting must be directed (a) Occupancy. The maximum number of persons allowed to sleep within any short-term rental unit shall be as provided by the City's building codes, as amended (Ch. 26, Code of Ordinances). Such building codes limit the occupancy for short-term rental units as the occupancies include sleeping accommodations where the occupants are primarily transient in nature: that is, the length of stay isl less than 30 days and as such, occupants are not as familiar with the building tor recognize potential hazards or to be able to use the means of egress effectively. Maximum occupancy under this section is only applicable to the number of persons that are renting the short-term rental unit for a specified period of occupancy, and excludes any other person visiting the occupants at the location. Sec. 80-12.- Warning, suspension, revocation, or denial ofa permit.  where free-standing. not to exceed three feet (3.0') in height.  prior to October 1, 2019.  toward the establishment and not at adjacent properties.  (a)The director, who believes the public interest will be adequately served under the circumstances. may issue a written warning to the permittee ifiti is found that: (1)The permittee 01 guest has violated or failed to meet any of the provisions oft this chapter or conditions of the permit which does not pose a serious threat (2) The permittee or guest. has violated any federal, state, or City law, or. regulation pertaining to the use of the property as a short-term rental unit: Where the director issues a warning, the warning shall provide notice to the permittee that he or she has. no less than ten (10) days to come into compliance (bThe director mayimmediately revoke or suspend the permit, or deny either the  to public health, safety, or welfare:or  with this chapter.  issuance or renewal thereof, ifit is found that:  Page 7 of11  Ord. No. 2022-30    (1) The police chief or fire chief, 01 designees, has determined that the short- term rental unit would pose a serious threat toj public health, safety.orwelfare: (2) The applicant has knowingly made a false statement ofi material fact on an (c) A short-term rental unit for which the permit has been suspended or revoked may not admit any new guests during the time the permit is suspended or revoked. (a)In) lieu of suspending a permit for a short-term rental unit permit, the director, at his or her sole discretion, may enter into a compliance agreement with a permittee if the director determines that the compliance agreement would eliminate the noncompliance that would otherwise justify a suspension o1 revocation, resulti in prompt future inspections. and elevate one or more conditions at the short-term rental unit permit to the standards of this chapter. (e) The director shall send a written statement of the reasons for the denial, suspension, or revocation, to include the date such suspension or revocation ist to begin, the duration of the suspension, and the permittee's right to appeal by (DAp permittee whose permit is suspended may not be granted a new permit or renewal of an existing permit to operate any existing or additional short-term (g) A permittee commits an offense if he o1 she operates or owns a short-term rental unit permit that admits guests during the time that the suspension of the  o1  application for a short-term rental unit permit.  certified mail, return receipt requested, to the permittee.  rental unit permit during the suspension period.  permit is in effect.  Sec. 80-13.-1 Notice to pplicantpermittee: appeals.  (a)A permittee may appeal a decision to deny, revoke, or suspend a permit to the City Council. Appeals shall be submitted to the City Secretary in writing within 45 days following the date the applicant or permittee receives the decision. A hearing on the denial, suspension, or revocation will be scheduled for the next regular meeting of the City Council following the expiration of 10 days. Council will render a decision on the appeal within thirty days ofthe hearing. Aj permittee shall not operate the short-term rental unit during the appeal process.  Page 8 of11  Ord. No. 2022-30    (b) At the appeal hearing on a denial ofani initial permitapplication. the appealing party must present evidence clearly indicating that the director was incorrect in determining that the stated grounds for the permit denial existed. (C)At the appeal hearing on a permit suspension, revocation, or refusal to renew, the director must present evidence clearly indicating that the stated grounds for  such action existed.  Sec. 80-14.- - Expiration and renewal of permit.  (a) All annual permits to operate a short-term rental unit expire at 11:59 pm on December 31. Permits issued within the calendar year will likewise expire on this (b)A permittee must apply for renewal at least 15 days before the expiration of the annual permit on a form provided by the director. The permittee must update the information contained in the original permit application required under this chapter if any of the information has changed. The permittee shall signa statement affirming that there is either no change in the information contained on the original permit application and any subsequent renewal applications or that any information that has been updated is accurate and complete and pay the (C) The director shall follow the procedures set forth in this chapter when  date.  annual fee.  determining whether to renew a permit. Sec. 80-15.- Violations: penalty.  (a)A permittee or any other person who violates any provision of this chapter,or who fails to perform a duty required by this chapter, commits an offense. (b) An offense under this chapter is punishable by a fine not to exceed $2,000.00. (C)A separate offense occurs each day or part of a day that the violation is (a) The remedies and procedures in this section and in other laws are cumulative law, and the use of any particular remedy or procedure does not prevent the  committed, continued. or permitted.  application o1 enforcement ofany other law."  Page 9 of11  Ord. No. 2022-30    SECTION TWO. The City Secretary is authorized and directed to send this Ordinance to the publisher of the City's Code of Ordinances and the publisher is authorized to amend said Code to reflect the new Chapter 80 as adopted herein, to correct any typographical errors, and to index, format, number, and letter the  paragraphs to the existing Code, as appropriate.  SECTION THREE. The provisions of this Ordinance are cumulative of all other ordinances 01 parts of ordinances governing o1 regulating the same subject matter as that covered herein; provided, however, that all prior ordinances 01 parts of ordinances inconsistent with 01 in conflict with any of the provisions of this Ordinance are expressly repealed to the extent of any such inconsistency or conflict. SECTION FOUR. If any section, subsection, sentence, clause, 01 phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this Ordinance. The Council ofthe City ofKerrville, Texas, declares thatit would have passed this Ordinance and each section, subsection, sentence, clause, o1 phrase hereof irrespective of the fact that any one o1 more sections, subsections, sentences, clauses, o1 phrases be declared  unconstitutional o1 invalid.  SECTION FIVE. The penalty for violation of this Ordinance shall be in accordance with the general penalty provisions contained in Section 1-7, or its successor section, of the Code of Ordinances of the City of Kerrville, Texas, which provides for a fine not exceeding TWO THOUSAND DOLLARS ($2,000.00).  SECTION SIX. Pursuant to Texas Local Government Code $52.013(a) and Section 3.07 of the City's Charter, the City Secretary is hereby authorized and directed to publish the descriptive caption of this Ordinance in the manner and for the length of time prescribed by law as an alternative method ofpublication.  SECTION SEVEN. This Ordinançe shall become effective immediately upon the expiration often days following publication, as provided for by Section 3.07 oft the  City Charter.  PASSED AND APPROVED ON FIRST READING, this the  day of  A.D., 2022.  PASSED AND APPROVED ON SECOND AND FINAL READING, this  the,  day of  A.D., 2022.  Page 10 of11  Ord. No. 2022-30    Judy Eychner, Mayor  ATTEST:  Shelley McElhannon, City Secretary  APPROVED, ASTOFORM:   Michael C.  Atforney  Page 11 of11  Ord. No. 2022-30    KERR; EXAS SUBJECT:  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  Ordinance No. 2022-33, second reading. An Ordinance amending Chapter 102 "Traffic and Vehicles," Section 102-1 "Definitions" of the Code of Ordinances of the City of Kerrville, Texas by revising the definitions of 'Excessive or Unusual Noise" and Noisemakers" in their entirety; containing a savings and severability clause; providing an effective date; ordering  publication; and providing other matters relating to this subject.  AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 17, 2022  SUBMITTED BY: William Tatsch, Assistant City Attorney  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item  N/A N/A  SUMMARY STATEMENT:  Section 102-3 of the Kerrville Code of Ordinances prohibits a person or vehicle from emitting excessive or unusual noise on the streets of Kerrville. However, enforcement of Section 102-3 depends on the definition of "Excessive or Unusual Noise." The definition of "Excessive or Unusual Noise" within chapter 102 (Traffic and Vehicles) of Kerrville's Code of Ordinances is impermissibly vague such that people are unable to determine what constitutes excessive or unusual noise. Consequently, Section 102-3 is unenforceable at This proposed amendment replaces the current definition of "Excessive or Unusual Noise" with a definition that mirrors language Texas courts have considered and decided is sufficiently specific to survive a legal challenge for vagueness. We are also amending the definition of "Noisemakers" to make clear that it includes both the vehicle itself as well as  this time.    devices installed on the vehicle. These amendments will permit the police department to enforce vehicle noise violations under Section 102-3 of Kerrville's Code of Ordinances again. Action November 08, 2022: City Council unanimously approved Ordinance No. 2022-33 on  first reading.  RECOMMENDED ACTION:  Approve Ordinance No. 2022-33.  ATTACHMENTS:  20221213_Ord: 2022-33 Excessive or Unusual Noise -vehicles second reading.pdf    CITY OF KERRVILLE, TEXAS ORDINANCE NO. 2022-33  AN ORDINANCE AMENDING CHAPTER 102 "TRAFFIC AND VEHICLES,SECTION 102-1 DEFINITIONS" OFTHE CODE OF ORDINANCES OF THE CITY OF KERRVILLE, TEXAS BY REVISING THE DEFINITIONS OF EXCESSIVE OR UNUSUAL NOISE" AND NOISEMAKERS IN THEIR ENTIRETY; CONTAINING A SAVINGS AND SEVERABILITY CLAUSE; PUBLICATION; AND PROVIDING OTHER MATTERS WHEREAS, the City of Kerrville regulates certain traffic offenses through Chapter 102 "Traffic and Vehicles" of the Code ofOrdinances oft the City ofKerrville;  PROVIDING  AN  EFFECTIVE  DATE;  ORDERING  RELATING TO THIS SUBJECT  and  WHEREAS, definitions of some of these offenses are unreasonably vague in light of court rulings, which limits the police department's ability to enforce Chapter  102; and  WHEREAS, City Council has determined that it is in the best interest of the citizens of Kerrville to ensure effective and efficient enforcement of traffic related regulations, and therefore Chapter 102, "Traffic and Vehicles," Section 102-1, Definitions", of the City's Code of Ordinances should be amended as set forth below; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SECTION ONE. Chapter 102, "Traffic and Vehicles," of the Code of Ordinances of the City of] Kerrville, Texas, is amended by repealing the definitions of "Excessive o1 unusual noise" and Noisemakers" as defined by Section 102-1 and replacing them in their entirety with new language as indicated by underlining  THE CITY OF KERRVILLE, KERR COUNTY, TEXAS;  (added) as follows:  "Chapter 102-' TRAFFIC AND VEHICLES  ARTICLEL-IN GENERAL Sec. 102-1-1 Definitions.  Excessive o7 unusual noise means any noise caused by a motor vehicle that unreasonably exceeds the noise made by the average vehicle of that make and model in good mechanical condition, or any noise made by any person, devices, or mechanisms, either in or on a vehicle that unreasonably disturbs or interferes with the peace, comfort and repose ofneighboring persons ofordinary sensibilities. A noise  Page 1 of3  Ord. No. 2022-33    is presumed to be excessive and unusual if vibration accompanies the sound and causes a person in another motor" vehicle or structure to become aware ofthe vibration Noisemakers means any device o1 mechanism temporarily or permanently installed on 01 in a vehicle that causes or may cause excessive or unusual noise. This definition also includes the omission or removal of any device or part from a vehicle that causes  accompanying the sound.  or may cause the vehicle to emit excessive or unusual noise.  SECTION T'WO. The City Secretary is authorized and directed to submit this amendment to the publisher of the City's Code of Ordinances and the publisher is authorized to amend said Code to reflect the amendment adopted herein and to correct typographical errors and to index, format, and number and letter paragraphs  to the existing Code as appropriate.  SECTION THREE. The provisions of this Ordinance are to be cumulative of all other ordinances or parts of ordinances governing 01 regulating the same subject matter as that covered herein; provided, however, that all prior ordinances o1 parts of ordinances inconsistent with 01 in conflict with any of the provisions of this Ordinance are hereby expressly repealed by the extent of any such inconsistency o1  conflict.  SECTION FOUR. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this Ordinance. The Council of the City of Kerrville, Texas hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, o1 phrase hereof irrespective of the fact that one 01 more sections, subsections, sentences, clauses, o1  phrases be declared unconstitutional or invalid.  SECTION FIVE. In accordance with Section 3.07 of the City Charter and Texas Local Government Code $52.013(a), the City Secretary is hereby authorized and directed to publish the descriptive caption of this Ordinance in the manner and for the length of time prescribed by the law as an alternative method of publication. SECTION SIX. This Ordinance shall become effective immediately upon the expiration of ten days following publication, as provided for by Section 3.07 of the  City Charter.  PASSED AND APPROVED ON FIRST READING, this the 08 day of  Nosember,A.D, 2022.  PASSED AND APPROVED ON SECOND AND FINAL READING, this  the, day of Page 2 of3  A.D., 2022.  Ord. No. 2022-33    Judy Eychner, Mayor  APPROVED ASTO FORM: KSosw <bachn William L. Tatsch, Asst. City Attorney  ATTEST:  Shelley McElhannon, City Secretary  SIA-NVMACEMANA Nolch  Page 3 of3  Ord. No. 2022-33    KERRI EXAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Construction Agreement with D&D Contractors, Inc. for the Westminster Street  Reconstruction project in the amount of $1,846,158.40.  AGENDA DATE OF: December  13, DATE SUBMITTED: November 17, 2022  2022  SUBMITTED BY: Kyle Burow, Director Engineering  EXHIBITS: Expenditure Required: $1,846,158.40  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: 0  $2,166,849.00 (estimated)  Project #70-19011  PAYMENT TO BE MADE TO: D&D Contractors, Inc.  Kerrville 2050 Item? Yes Key Priority Area Guiding Principle N/A Action Item  M-N Mobility / Transportation  M4.2 - Continue implementing the plan for street repairs, including a timeline and funding, based on the road conditions data collection  and evaluation completed in 2016  SUMMARY STATEMENT:  In_2 2019, 6S Engineering, Inc. completed an update to the Pavement Master Plan and reassessed the current street conditions and maintenance practices. The 6S Engineering, Inc. team evaluated the current street condition assessment gathered for each street segment to analyze the deterioration estimates based on the effectiveness of the current street repair methods and degradation of street segments compared to the initial report, combined multiple street segments to minimize construction costs, and reevaluated the prioritization of streets. The prioritization of all streets were based on pavement condition (PCI), Ride Condition, and roadway classification. Additionally, the streets with anticipated full reconstruction needs were further prioritized based on vehicular usage, utility conflicts, and other known upcoming construction conflicts. Upon completion of the analysis, 6S Engineering, Inc. developed a 10-year maintenance plan and in August 2019, City Council authorized the issuance of $10.5 million in Certificates of Obligation for street and drainage improvements based on identified full depth reconstruction streets. The initial list of reconstruction streets was presented and confirmed by City Council in October 2019. Throughout the planning process, Westminster was analyzed and identified as a potential    reconstruction street due to the existing conditions. It was removed from the initial reconstruction list to allow for Atmos Gas to relocate the existing underground gas lines. In April 2021, the City consulted 6S Engineering, Inc. to provide engineered construction documents for the project. The limits of the project consists of full depth reconstruction from Lang to First Street. The project is funded by the remaining 2019 Bond Funding as well as other General Fund Capital Project street funds, and is anticipated to take 8-10 months for The project was placed for advertisement, the bid opening was held November 30, 2022 and four bids were received, with D&D Contractors, Inc. as the apparent low bid. Staff evaluated the bid and recommend awarding the base bid with the alternate bid for a total contract  construction with an estimated completion in Fall 2023.  amount of $1,846,158.40.  RECOMMENDED ACTION:  Authorize the City Manager to finalize and execute a construction contract with D&D  Contractors, Inc. for the Westminster Street Reconstruction project.  ATTACHMENTS:  20221213_Bid: summary revised Westminster.pdf 20221219_Westmihster BID Recommendation.pdr    CIVCAST Westminster Street Reconstruction Project  Report Created. On: 11/30/22 9:54:03 PM  APPARENT LOW BIDDERS  Westminster Street Reconstruction Project  ID:21-015  Bid Summary Engineers Estimate Total Bids AMLT$ AMLT% Average Bid  No Estimate 4 $621,843.55 29.15% $2,924,061.86  Bidder  BASE BID  ALTERNATE1  1 2 3  D&D Contractors, Inc. Submitted: 11/30/2022 12:45:07 PM M& C FONSECA CONSTRUCTION CO.INC Submitted: 11/30/2022 11:42:31 AM Cox Commercial Construction Submitted: 11/30/2022. 2:01:35 PM.  $2,133,393.45 $2,755,237.00 $3,088,762.00  $1,846,158.40 $2,551,692.00 $2,842,904.25  J3  4  $3,718,855.00  $3,750,970.00  Bids opened at: 11/30/2022. 3:06:20PM    69 ENGINEERING, INC TBPE F-18435  December 8, 2022 Mr. Kyle Burow; P.E., CFM City of Kerrville 701 Main Street Kerrville, TX 78028  Reference: 2021-004-03 Westminster Street Reconstruction  Dear Mr. Burow:  6S Engineering, Inc. has reviewed the bid proposals for the above referenced project. There weret four (4) bidders for the project. Itis recommended that D&D Contractors, Inc. be awarded the contract for the Alternate Bid amount of $1,846,158.40. Ifthere are any questions or concerns, please do not  hesitate to contact us. Sincerely, gu  W Suain  Jess Swaim, P.E. Vice President  8405 Coughran Road, Pleasanton, Texas 78064 TBPE F-18435 t210.775.8003 pwaime6-engheringcom  6S Engineering, Inc.    KERRI IEXAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Authorization to negotiate a Design-Build contract for the Heart of the Hills  Heritage Center.  AGENDA DATE OF: December 13, 2022 SUBMITTED BY: Kyle Burow, Director Engineering  DATE SUBMITTED: December 2, 2022  EXHIBITS: Expenditure Required: TBD  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: $3,591,946.89  $3,600,000.00  Project #15-22002  PAYMENT TO BE MADE TO: TBD Kerrville 2050 Item? Yes Guiding Principle N/A Action Item  Key Priority Area D-Downtown Revitalization  D1.6 - Support new anchors in the Downtown, such as the A. C. Schreiner Mansion or the Arcadia, to increase public and visitor traffic  SUMMARY STATEMENT:  The City of Kerrville and the Heart of the Hills Heritage Center, Inc. (HHHC) entered into a Development and Management Agreement in January 2021 to redevelop, renovate, and improve the building located at 529 Water Street, known as the A.C. Schreiner House, owned by the City; to provide financing for such improvements; and to provide for the lease to furnishing, management, maintenance, and operation of the building by HHHC upon completion of the project to be used as a museum and public venue that reflects and displays the culture and heritage of Kerr County and the surrounding Texas Hill Country. Since that time, contractual fundraising milestones by the City and HHHC have been reached, the City Council authorized the Design-Build process to be utilized for the renovation and improvements, and the City received five qualification statements from Design-Build teams. The five teams were deemed qualified to proceed to the proposal phase and submitted proposals based on the design criteria outlined in the Request for Proposals (RFP). Proposals from the Design-Build teams were received on November 15, 2022 and a review committee rated the proposals based on the scoring criteria contained in The next step is to negotiate a Design-Build contract based on the review committee's rankings. Staff is requesting confirmation from the City Council for the City Manager to  the RFP packet.    proceed with negotiating and finalizing a Design-Build contract with the highest ranked Design-Build team. If negotiations fail with the highest ranked team, staff will cease negotiations in writing and proceed to the next highest Design-Build team until an agreement has been finalized. Ultimately, once fully negotiated, the final contract authorization will be  back before the City Council for review.  RECOMMENDED ACTION:  Authorize City Manager to negotiate and finalize contract for the Heart of the Hills Heritage  Center.    KERRD IEXAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Project funding agreement between the City of Kerrville, Texas, Economic Improvement Corporation and the City of Kerrville, Texas; for the development and construction of an extension to the City's River Trail from the Tranquility Island bridge to the AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 16, 2022  scenic downtown overlook (pavilion).  SUBMITTED BY: Ashlea Boyle, Director Parks & Recreation  EXHIBITS: Expenditure Required: $1,025,280.00  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? Yes Key Priority Area Guiding Principle N/A Action Item  P-F Parks / Open Space / River Corridor  P6.5 - Continue developing a vision/plan and identify funding options  to extend the River Trail  SUMMARY STATEMENT:  Attached is a quality-of-life project funding agreement between the Economic Improvement Corporation (EIC) and the City of Kerrville for $1,025,280 for a downtown extension of the Kerrville River Trail. This extension will be on the north side of the river from the Tranquility Island bridge / ramp area to below the downtown pavilion footbridge area in Louise Hays Park; approximately 1,600 linear feet. This agreement is for Phase 1 of 2 and includes the. environmental permitting for both phases. The Phase 2 extension would continue on the north side to G Street and would be funded separately for construction, approximately 3,500 linear feet. Both phases would result in an additional approximate one mile of trail. Extending the River Trail in this area will connect Tranquility Island, the Library, the soon to be rehabilitated Heart of the Hills Heritage Center, along with this part of downtown, and the Kerrville Urban Trail System (KUTS), which will increase the accessibility of the River Trail to The downtown River Trail is a priority project identified by the City Council, and is the number one extension priority identified in the Parks and Recreation Master Plan Update 2022 by the community. Extending the Kerrville River Trail is consistent with several  additional neighborhoods.    community plans, such as the Kerrville 2050 Comprehensive Plan, the Parks and Recreation Master Plan, the River Trail Master Plan, and the Parks and Recreation Department's goal to The final step in the approval process is consideration and approval by the Kerrville City  encourage the Kerrville community to "Get Outdoors. Be Active. Play.".  Council. Project History  June 26, 2018 - Kerrville 2050 was adopted by Ordinance 2018-13 with strong support July 23, 2019 The Kerrville River Trail Master Plan update was adopted by Resolution December 14, 2020 - The EIC held a public hearing and funded a conceptual study to extend the Downtown River Trail along the north side of the Guadalupe River from the May 17, 2021 - Hewitt Engineering presented the finalized concept study report to the EIC. The proposal recommended this Downtown River Trail project be separated into two phases. Initial cost estimates for Phase 1 were originally estimated at $800,538, August 2022 - Current construction estimates received show this phase now estimated at $995,280 with an additional 525,000-530,000 for environmental permitting, for a total September 13, 2022 - The Kerrville City Council authorized staff to present a quality-of- life project funding application for $1,030,000 to the EIC for Phase 1 of the Downtown River Trail extension, from the Tranquility Island Bridge to the Scenic Downtown Overlook Pavilion, along with environmental permitting for all phases of the Downtown September 19, 2022 - Staff presented the application to the EIC and was directed to prepare a funding agreement and hold a public hearing at their next meeting. October 17, 2022 - The EIC held a public hearing and considered the funding agreement. The consensus was to bring the agreement back at the November meeting November 14, 2022 - The EIC considered and approved the funding agreement.  oft the Kerrville River Trail.  No. 27-2019, and includes a downtown extension. Tranquility Island Bridge to G Street.  based on early 2021 cost estimates.  of $1,025,280.  River Trail to the G Street Bridge.  for further discussion and consideration. December 13, 2022 - City Council consideration. Kerrville 2050 Support Relating to the River Trail  Key Priority Area:  D- Downtown Revitalization E-E Economic Development F-F Public Facilities and Services Facilities P-P Parks, Open Space, and River Corridor  Guiding Principles:  D2- Foster a Downtown that tells the community's history / story / lore by preserving and enhancing historic features and a sense of place, celebrating and connecting Downtown to the Guadalupe River and developing a brand and a unified identity for D4 - Encourage and program Downtown public events and create more gathering places that promote and enhance Downtown as an arts, culture and music center. D5 - Promote a walkable, useable, uniform and pedestnan-orented public space  Downtown.    linking Downtown to the surrounding neighborhoods through streetscape elements, E3- Continue to focus on quality of life attributes and enhancements as a high priority, balancing growth with community and individual well-being and the need to preserve a F7 - Be thoughtful when considering land uses and provide facilities and services that P5 - Focus on enhancing /investing in existing parks, their purpose or repurpose and P6 - Focus on connecting businesses, neighborhoods, major destinations and other P8 - Provide recreational opportunities for people of all ages and abilities, both  access, connections and crossings.  healthy / beautiful environment unique to Kerrville.  promote and enhance local parks, green spaces, and the River Trail. improving accessibility before acquiring land for new parks. amenities with parks, open spaces and the River corridor.  residents and tourists.  Action Items  D2.10 - Encourage businesses to focus on the river by building back patios with D4.14 = Pursue a lighted display along the River Trail, focusing on Tranquility Island D5.2 - Improve pedestrian and bicycle connections to and across the river, including access to the River Trail from Downtown and to surrounding neighborhoods. D5.20 = Consider direct pedestrian access from the River Trail to the sidewalk on D5.16 - Develop a plan to extend the River Trail beyond its current limits. E3.2 - Put in place a mid to long range plan to extend the River Trail and add E3.3 - Seek EIC funding to extend the River Trail further west to the Thompson Drive F7.1 - Establish a long-term plan for each public facility / site to promote and enhance P5.2 Explore a variety of options, including bonds, to fund park facility needs and to P6.2 -/ Add bike and pedestrian safe routes for better access to the River Trail. P6.3 - Create a pedestrian / bike connection from SU to the River Trail. P6.5 = Continue developing a vision I plan and identify funding options to extend the P8.6 Establish lighted, Christmas walk along the River Trail.  access to the River Trail and the potential boardwalk.  first.  Lemos Street. additional segments. bridge.  nearby parks, green spaces or trails. enhance River Trail connections.  River Trail.  Parks and Recreation Master Plan -Trails Section  1. Expand the River Trail from G Street to downtown / Library on the northside of the River. 2. Expand the River Trail to the west of Louise Hays Park on the southside of the river. 3. Improve pedestrian access from downtown to LHP by way of Sidney Baker Bridge. 4. Create hike / bike trail along Town Creek - connect to the River Trail; add a North-South  hike / bike trail.  5. Add more dog waste stations near trailheads / along trails.    6. Update master plan for the River Trail and identify funding options to extend.  RECOMMENDED ACTION:  Approval of the agreement as presented.  ATTACHMENTS:  20221213 EIC Funding Agreement River Trail ext - map estimate.pdf    PROJECT FUNDING AGREEMENT BETWEEN THE CITY OF CORPORATION AND THE CITY OF KERRVILLE, TEXAS; FOR THE DEVELOPMENT AND CONSTRUCTION OF AN EXTENSION TOTHE CITY'S RIVER TRAIL FROM THE TRANQUILITY ISLAND BRIDGE TO THE SCENIC DOWNTOWN OVERLOOK (PAVILION) THIS PROJECT FUNDING AGREEMENT (the Agreement") is entered into of Kerrville, Texas Economic Improvement Corporation ("EIC"), a Texas non- profit corporation established by City pursuant to Section 4B of'Tex. Rev. Civ. Stat. Art. 5190.6 and now codified in Chapters 501, 502, and 505 of the Texas Local Government Code; otherwise known as the Development Corporation Actof1979 ("the Act"); and the City of Kerrville, Texas ("City"), a Texas home-rule municipality. EIC and City may sometimes be collectively referred to herein as Parties" and individually as "Party".  KERRVILLE,  TEXAS,  ECONOMIC  IMPROVEMENT  this,  dayof  2022 ("Effective Date"), by and between the City  WITNESSETH:  WHEREAS, pursuant to the Act, EIC: is authorized to provide funding relating to the construction of projects which EIC: finds to be encompassed within the definitions of"Projects", as that word is defined by Chapters 501 and 505 oft the Act; and  WHEREAS, in May 1995, the citizens of Kerrville, Texas, voted to form the EIC to administer a sales and use tax collected for "Projects", as defined by the Act,  including:  land, buildings, equipment, facilities, and improvements found by the EIC to be required o1 suitable for use for professional and amateur sports, including children's sports, athletic, entertainment, tourist, convention, and public park purposes and events, including stadiums, ball parks, auditoriums, amphitheaters, concert halls, parks and park facilities, open space mprovements, museums, exhibition facilities, and related store, restaurant, concession, and automobile parking facilities, related area transportation facilities, and related roads, streets, and water and sewer facilities, and other related. improvements that enhance any of the items described by Section 505.152 of the Act  (emphasis supplied); and  WHEREAS, the City, as documented within its Kerruille 2050 Comprehensive Plan, continues focusing on ways to connect businesses, neighborhoods, major destinations, and other amenities with parks, open spaces, and the River corridor; and  PROJECT FUNDING AGREEMENT- EXTENSION OFI KERRVILLE RIVER' TRAIL,  DOWNTOWN, PHASE1  Page 10 of5    WHEREAS, the Parties believe that one way to accomplish such integration is to connect Tranquility Island within Louise Hays Park to the Kerrville River Trail, through an extension into downtown Kerrville, which will then eventually connect to  the existing trail at G Street and onto Schreiner University; and  WHEREAS, in addition, such extension also aligns with the City's Parks and Recreation Master Plan, the Parks and Recreation Department's goal to encourage the Kerrville community to "get outdoors, be active, and play", and the River Trail Master  Plan; and  WHEREAS, the Parties have previously partnered to construct and open six miles of existing River Trail throughout the City, to include the most recent extension  from G Street to Schreiner University; and  WHEREAS, extending the River Trail in this area will connect. Tranquility Island, the Butt Holdsworth Memorial Library, the soon to be: rehabilitated Heart ofthe Hills Heritage Center (HHHC), along with this part of downtown and the Kerrville Urban Trail System (KUTS), which will increase the accessibility of the River Trail to  additional neighborhoods; and  WHEREAS, City will design and construct the extension of the River Trail (the  "Project"); and  WHEREAS, the Project is estimated to cost 1,020,280.00; and  WHEREAS, the City seeks grant funding from the EIC in this amount for the WHEREAS, EIC finds that the Project as described generally above constitutes WHEREAS, more specifically, EIC finds that the Project includes equipment, facilities, and improvements to be required 01 suitable for use for professional and amateur sports, including children's sports, athletic, entertainment, and tourist purposes and events, and other related improvements that enhance any of the items  City to use in designing, bidding, managing, and constructing the Project; and  a "project" as defined by the Act; and  described here; and  WHEREAS, EIC finds that it will be in the public interest to enter into this Agreement with City to provide sales tax revenues collected pursuant to the Act ("4B  Revenues") to City for costs related to the Project; and  WHEREAS, on October 17, 2022, in a meeting that was open to the public in accordance with the Texas Open Meetings Act, the EIC held a public hearing pursuant to Section 501.072 of the Act: related to the proposed expenditure of 4B Revenues for the  PROJECT FUNDING AGREEMENT-) EXTENSION OF KCRIVIAERVEETHANL,  DOWNTOWN, PHASEI  Page 2of5    Project; the EIC: followed up this meeting with another meeting on November 14, 2022, wherein it considered additional: information before voting to authorize this Agreement; NOW THEREFORE, for and in consideration of the recitals set forth above and  the promises made herein, the EIC and City agree as follows:  1. "Project" Defined: When used in this Agreement, the phrase "Project" means the project description; approximate cost itemization, to date; and segment map attached as Exhibit A, and included herein for all purposes. City will manage the fundingitreceives: from EIC: and the design, acquisition ofproperty interests, environmental permitting, bidding, management, and construction oft the Project. City shall not substantively alter the description of the Project in any respect without the prior approval of the EIC. In addition, City shall provide periodic Agreement to Fund Project: EIC agrees to provide City an amount up to and not to exceed $1,025,280.00 in 4B Revenues for the Project ("Grant Funding"). Payments Authorized: City, is authorized to make payments for the Project Eligible Costs: Payments made by City from 4B Revenues as authorized by Section 3, above, are limited to the payment of"costs" as defined in the Act. City's Acquisition of Property: Prior to bidding, City must receive the necessary property interests (e.g., recreation trail easements) from intervening owners to authorize its construction, management, and the public's use of the River Trail. Should City fail to accomplish any such acquisition(s), City shall Project's Timeline: City shall begin design work on the Project on o1 before January 1, 2023. Thereafter, construction activities will conclude on 01 before December 81, 2024. Should such activities not occur by these dates, EIC may Severability: The provisions of this Agreement are severable, and if for any reason a provision ofthis Agreement is determined to be: invalid by a court having competent jurisdiction over the subject matter of the invalid provision, the invalidity shall not affect other provisions that can be given effect without the invalid provision. Further, in lieu of such illegal, invalid, o1 unenforceable provision, there will be added automatically as a part of this Agreement, a provision as similari in its terms to such illegal,invalid, 01 unenforceable provision Amendment: This Agreement may be amended only by written amendment  reports to the EIC with respect to the Project, timing, and costs.  2. 3. 4. 5.  directly from the EIC's General Capital Projects Fund.  report this event to EIC.  6.  elect to terminate this Agreement.  7.  as may be possible and be legal, valid, and enforceable.  8.  signed by the Parties.  PROJECT FUNDING AGREEMENT- EXTENSION OFI KERRVILLERIVER: TRAIL,  DOWNTOWN, PHASE1  Page 3 of5    9.  Notices: All notices given with respect to this Agreement must be in writing and will be deemed to have been properly given for all purposes (i) if sent by a nationally recognized overnight carrier for next business day delivery, on the first business day following deposit ofs such notice with such carrier unless such carrier confirms such notice was not delivered, then on the day such carrier actually delivers such notice, 01 (ii) ifpersonally delivered, on the actual date of delivery, o1 (iii) ifsent by certified U.S. Mail, return receipt requested postage prepaid, on the fifth business day following the date of mailing, o1 (iv) if sent by facsimile, then on the actual date of delivery (as evidenced by a facsimile confirmation) provided that a copy oft the facsimile and confirmation is also sent by regular U.S.  Mail, addressed as follows: For EIC President  City of Kerrville, Texas, Economic Improvement Corporation  City Hall, 701 Main Street Kerrville, Texas 78028 Facsimile: (830)792-3850  For City  City Manager, City of] Kerrville City Hall, 701 Main Street Kerrville, Texas 78028 Facsimile: (830)792-3850  10. Applicable Law: This Agreement is governed by and construed in accordance with the laws of the State of Texas. The Agreement is entered into and fully performable within Kerr County, Texas. Accordingly, venue for any cause of action arising pursuant to this Agreement is proper only in Kerr County, Texas. 11. Interpretation: Each party has had the opportunity to be represented by counsel ofits choice in negotiating this Agreement. This Agreement: twill therefore be deemed to have been negotiated and prepared at the joint request, direction, and construction of the Parties, at arm's length, with the advice and participation ofcounsel, and will be interpreted in accordance with its terms without favor to 12. No Joint Venture: Nothing contained in this Agreement is intended by the Parties to create a partnership or joint venture between the Parties.  any party.  PROJECTI FUNDING AGREEMENT- EXTENSION OF KERRVILLE RIVER1 TRAIL,  DOWNTOWN, PHASE1  Page 4 of5    13. Parties in Interest: Nothing in this Agreement shall entitle any party other than EIC or City to any claim, cause ofa action, remedy, or right tofany term ofthis  Agreement.  14. Term. The term ofthis Agreement (the "Term") shall commence on the Effective Date and shall terminate on the earlier of: () May 1, 2024, 01 when the requirements set forth in this Agreement are completed; (ii) when terminated by mutual agreement ofthe Parties; or, (iii) at City's discretion, upon City returning all Grant Funding to EIC that it has received under this Agreement. Upon termination of this Agreement as specified herein, all rights, duties, and obligations of any kind under this Agreement shall automatically expire and  terminate and be of no other force and effect. Parties with respect to the subject matter hereof.  15. Entire Agreement: This Agreement represents the entire agreement of the  IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on  the Effective Date.  CITY OF KERRVILLE, TEXAS  CITY OF KERRVILLE, TEXAS ECONOMIC IMPROVIMRNT CORPORATION C  By:  By:  Judy Eychner, Mayor  Greg Richards, President  ATTEST:  Shelley McElhannon, City Secretary APPROVEPASTOFORME ERc  Kesha Franohina, Selretary fort - the EIC  CE  Michael C.  Attorney  TNeNvseMMeNy MajetivrT TAiEIer Peet FunlingA Agreemet.D Dawatanallvrn Tailla, Pha Lmpdas  PROJECT FUNDING AGREEMENT- EXTENSION OF) KERRVILLE RIVER' TRAIL,  DOWNTOWN, PHASE1  Page 5 of5    1BPAISO    River Trail Downtown improvements-Sections 1: and 2  Preliminary Engineer's Estimate September 2022  Item No.  Description  Quantity Unit UNITCOST TOTALCOST  1 Mobilization and) Demobilization: as necessary fort the Contract Documents (5%) 2 Brush Clearing/Pruning, alongr new trail alignment, complete inj place ass specified and Earthwork: for Site, toi include: alli rough grading and fine grading for entires sitei including: any 3 importing or removal ofe excess fill: asi needed,t topsoil placement,complete inj place ass specified 10' Wide Concrete Trails w/30" Toedown, toi include: allt trail paving, complete inp as Elevated Concrete Trail,i including excavation, concrete headwalls, concrete paving ont top 5 of culverts, and alli necessary construction as detailed inc drawings and specifications;, complete 100 6 Limestone Block Retaining' Walls, complete inp place as specified and indicated on plans. 7 Rock) Ripl Raps asi required, complete inp place as specified and indicated in the plans. Turf Reinforcement: Mat with Seed, toi include erosion control mat and) Rye grass seed. 8 including fine grading, raking, fertilization, and temporaryi irigation asi necessary toc cover disturbed arcas, complete inj place as specified andi indicated int the plans. 9 Seeding, includes fines grading, raking, fertilization, and temporary irigation as necessary to cover disturbed areas, complete inp place as specified andi indicated int the plans. 10 Bridge over Clay Street Drainage Outfall (Box Culverts)  1 LS 1 LS LS  $40,000.00 $45,000.00 $90,000.00 $240.00 $450.00 $350.00 $380.00 $32.00 $22,300.00 $42,000.00 $40,000.00  $40,000.00 $45,000.00 $90,000.00 $336,000.00 $45,000.00 $21,000.00 $20,900.00 $12,800.00 $22,300.00 $42,000.00 $40,000.00 $715,000.00 $143,000.00 $858,000.00 $85,800.00 $25,740.00 $25,740.00 $25,000.00 $1,020,280.00  indicatedi int the plans. and indicated int thej plans. specified and indicated int the plans  4  place  1400 LF  LF 60 EA 55 CY 400 SY 1 LS 1 LS. 1 LS  inj place as specified andi indicated int thej plans  SWPPP, design andj provide Storm Water Pollution Prevention Plan, ast required for construction of Traill Improvements project, complete ass specified andi indicated onj plans.  11  ESTIMATED CONSTRUCTION COST 20% CONTINGENCY TOTAL ESTIMATED CONSTRUCTION COST 10%1 ENGINEERING DESIGN FEE 3% CONSTRUCTIONI PHASE SERVICES. ANDT TESTING FEE 3% ADDITIONAL SERVICES FEE SURVEY/GEOTECH)  ENVIRONMENTAL: STUDIES, CULTURAL RESOURCES, JURISDICTIONAL ANDHABITAT PERMITS  (ENTIRE RIVERTRAIL PROJECT) TOTAL: ESTIMATED SECTIONI 1COST    KERRI TEXAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Funding application to the City of Kerrville, Texas, Economic Improvement Corporation, for the creation of a concept feasibility study for extensions of the Kerrville River AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 16, 2022  Trail around Nimitz Lake in the amount of $182,800.  SUBMITTED BY: Ashlea Boyle, Director Parks & Recreation  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: NIA.  N/A  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? Yes Key Priority Area Guiding Principle N/A Action Item  E-E Economic Development  E3.3 - Seek EIC funding to extend the River Trail further west to the  Thompson Drive bridge  SUMMARY STATEMENT:  On November 14, 2022, the Economic Improvement Corporation (EIC) considered and discussed a potential westward extension of the Kerrville River Trail around Nimitz Lake. Pursuant to the River Trail Master Plan, this extension would extend from near the Dietert Center and proceed along the northwest side of the river to the Spur 98 Bridge, around the lake, and eventually connect back to the Francisco Lemos / Louise Hays Park area on the southwest side of the river. It is anticipated that this extension would result in multiple phases due to the length, cost, construction and environmental challenges, private properties and easements. A study is necessary to identify the feasibility of this potential project. The The EIC is expected to have further discussion on this item at their December 12th meeting. Extending the Kerrville River Trail is consistent with several community plans, such as the Kerrville 2050 Comprehensive Plan, the Parks and Recreation Master Plan, the River Trail Master Plan, and the Parks and Recreation Department's goal to encourage the Kerrville An extension west of Louise Hays Park is the second River Trail priority in the Parks Master  estimated cost is $182,800 is attached.  An update will be provided to the Council during this agenda item.  community to "Get Outdoors. Be Active. Play.".  Plan.    Kerrville 2050 Support Relating to the River Trail  Key Priority Area:  D-D Downtown Revitalization E-E Economic Development F-Public Facilities and Services Facilities P-Parks, Open Space, and River Corridor  Guiding Principles:  D2- Foster a Downtown that tells the community's history / story / lore by preserving and enhancing historic features and a sense of place, celebrating and connecting Downtown to the Guadalupe River and developing a brand and a unified identity for D4 - Encourage and program Downtown public events and create more gathering places that promote and enhance Downtown as an arts, culture and music center. D5 - Promote a walkable, useable, uniform and pedestnan-onented public space linking Downtown to the surrounding neighborhoods through streetscape elements, E3 - Continue to focus on quality of life attributes and enhancements as a high priority, balancing growth with community and individual well-being and the need to preserve a F7 - Be thoughtful when considering land uses and provide facilities and services that P5 - Focus on enhancing / investing in existing parks, their purpose or repurpose and P6 - Focus on connecting businesses, neighborhoods, major destinations and other P8 - Provide recreational opportunities for people of all ages and abilities, both  Downtown.  access, connections and crossings.  healthy / beautiful environment unique to Kerrville.  promote and enhance local parks, green spaces, and the River Trail. improving accessibility before acquiring land for new parks. amenities with parks, open spaces and the River corridor.  residents and tourists.  Action Items  D2.10 - Encourage businesses to focus on the river by building back patios with D4.14 - Pursue a lighted display along the River Trail, focusing on Tranquility Island D5.2 - Improve pedestrian and bicycle connections to and across the river, including access to the River Trail from Downtown and to surrounding neighborhoods. D5.20 Consider direct pedestrian access from the River Trail to the sidewalk on D5.16 - Develop a plan to extend the River Trail beyond its current limits. E3.2 - Put in place a mid to long range plan to extend the River Trail and add E3.3 - Seek EIC funding to extend the River Trail further west to the Thompson Drive F7.1 - Establish a long-term plan for each public facility 1 site to promote and enhance  access to the River Trail and the potential boardwalk.  first.  Lemos Street. additional segments. bridge.    nearby parks, green spaces or trails. enhance River Trail connections.  P5.2 - Explore a variety of options, including bonds, to fund park facility needs and to P6.2 - Add bike and pedestrian safe routes for better access to the River Trail. P6.3 - Create a pedestrian / bike connection from SU to the River Trail. P6.5 Continue developing a vision / plan and identify funding options to extend the P8.6 Establish lighted Christmas walk along the River Trail. Parks and Recreation Master Plan - Trails Section Priorities  River Trail.  1. Expand the River Trail from G Street to downtown / Library on the northside of the 2. Expand the River Trail to the west of Louise Hays Park on the southside of the river. 3. Improve pedestrian access from downtown to LHP by way of Sidney Baker Bridge. 4. Create hike / bike trail along Town Creek - connect to the River Trail; add a North- 6. Update master plan for the River Trail and identify funding options to extend.  River.  South hike / bike trail.  5. Add more dog waste stations near trailheads la along trails.  RECOMMENDED ACTION:  Authorize staff to continue with funding application discussion with EIC as presented.  ATTACHMENTS:  20221213_River Trail West Concept Proposal.pdf    Hewitt Engineering, Inc. Consulting Engincering Services  December 5, 2022 Mr. Michael Hornes Deputy City Manager City of Kerrville 701 Main Street Kerrville, TX 78028  Re: River Trail West Segment mprovements-Concep" Study Fee Estimate  Dear Michael,  Per your request, Ihave prepared a scope and fee schedule for thej preparation ofa Concept Study for thel RiverTrail West Segment] Improvements! Project. Thej project will consist ofapproximately 12,800 linear feet of 10-foot-wide concrete trail located generally along the northeast side of the Guadalupe River from the Palacios del Guadalupe Condominiums extending northwest to the Spur 98 Bridge, then approximately 13,600 linear feet back along the southeast side of the Guadalupe River to the Francisco Lemos Bridge. The scope oft the Concept Study will include the following:  Kickoff meeting with City staff to finalize scope and schedule  Site Visit and Data Collection  Identify ownership along the trail and property easement. requirements for this trail segment Evaluate trail alignment alternatives that comply with all building code and TDLR/ADA Evaluate feasibility of cantilevered trail sections required along aj portion of this segment in the limited construction areas including width, height, framework, guardrail design, pier Determine the locations where site drainage needs to pass under the trail and evaluate bridge and/or elevated trail sections to allow for drainage across the trail. Identify constructability and access issues for the construction contractor Perform a natural resources constraints review including wetlandsfurisdictional waters determination and listing state and federal threatened and endangered species Perform a cursory cultural resources evaluation including archaeological literature and records Review and summary ofregulatory issues that will be applicable to this project Lead al Public Input Meeting with local residents to identify concerns and desires for the trail Determine anticipated design and construction schedule and estimated costs  requirements.  spacing and ramp access  research  Evaluate and recommend project phasing Prepare final Concept Study Report  There are several locations along this segment oft the river trail that have limited buildable area for the trail between the steep river bank and the river channel. Sparks Engineering Inc. has been added to the project team in order to provide their expertise on possible cantilevered trail sections or other alternatives in these areas. The structural analysis will include evaluation of alternatives such as supports for a possible boardwalk or the construction ofa retaining wall along the steep bank of the    river. The structural scope of work will also include the development of estimated construction costs and a discussion ofconstruction methods in the difficult section oft this river trail segment. SWCA Environmental Consultants willl be: aj part ofthe project team toj provide environmental, cultural resources, and regulatory analysis for this section oft the river trail. Their scope of work will include a review of available data and desktop analysis of! potential natural and cultural resources constraints in the project review area. SWCA recently completed the environmental, cultural and regulatory studies The final result of this project will be a signed and sealed Concept Study Report that summarizes the results of the evaluation, provides alignment recommendations, construction phasing and estimated total project costs for each phase. The total lump sum fee to perform these tasks including FEE SCHEDULE Palacios del Guadalupe Condominiums along the northeast side of the river  for the Rivertrail Schreiner University and Downtown Segments for the City.  subconsultant fees and all expenses is $182,800. west to the Spur 98 (Thompson Drive) Bridge:  Hewitt Engineering Inc.. Sparks Engineering Inc.. SWCA Environmental Consultants Total Services Fee.  $74,500.00 $7,500.00 $3,500.00 $85,500.00  FEE SCHEDULE Spur 98 (Thompson Drive) Bridge back along the southwest side of the river  tol Francisco Lemos: Hewitt Engineering Inc.. Sparks Engineering Inc.. SWCA Environmental Consultants Total Services Fee..  $84,800.00 $8,500.00 $4,000.00 $97,300.00  Please feel free to contact me at 830-315-8800 or by email atj mhcwitl@.newit-.me.com ify you would  like to discuss this proposal in detail or have any questions.  Sincerely,  HEWITT ENGINEERING INC. Texas Registered Engineering Firm F-10739  P.E., CFM  $    KERRE XAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Resolution No. 88-2022. A Resolution amending The City of Kerrville Fee Schedule by adopting fees to be charged for each initial application and renewal application AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: December 2, 2022  for Short-Term Rental Units.  SUBMITTED BY: Guillermo Garcia  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item  N/A N/A  SUMMARY STATEMENT:  The City of Kerrville has adopted a FY2022-2023 fee schedule through the annual budgeting process. The current fee schedule was adopted by ordinance on September 13, 2022. The fee schedule can be amended throughout the year via a Resolution adopted by the City Council. The proposed amendments will allow the City of Kerrville to administer fees for the initial application and renewal application of Short-Term Rentals within the City of Kerrville. The proposed fee is in alignment with the policy direction of the City Council's adopted ordinance (also on the Dec. 13th City Council Agenda) for the permitting and regulation of Short-  Term Rentals within the City of Kerrville. The proposed fees are as follows:  Initial Short-Term Rental Registration: $100 per property Renewal Short-Term Rental Registration: $50 per property  RECOMMENDED ACTION:  Approve Resolution No. 88-2022.  ATTACHMENTS:  20221213_Reso 88-2022 Amending COK Fee Schedule STR.pdf    CITY OF KERRVILLE, TEXAS RESOLUTION NO. 88-2022  A RESOLUTION AMENDING THE CITY OF KERRVILLE FEE SCHEDULE BY. ADOPTING FEES TO BE CHARGED FOR EACH INITIAL APPLICATION AND RENEWAL APPLICATION FOR  SHORT-TERM RENTAL UNITS  WHEREAS, City Council, through its adoption of the budget for fiscal year 2023 (the "Budget"), adopted fees for various services provided by the City; and WHEREAS, the City's fees are contained within the City's Fee Schedule, WHEREAS, pursuant to Ordinance No. 2022-25, which adopted the Budget, City Council may revise the Fee Schedule by the adoption of a resolution indicating  which is included as an appendix to the Budget; and  the revisions; and  WHEREAS, as part of City Council's consideration of an ordinance which will require permits for the operation of short-term rental units and the application of other regulations, the Development Services Department recommends amending the City's Fee Schedule to adopt fees for the City to apply for each initial application and  renewal application of short-term rental units; and  WHEREAS, processing and issuing each permit requires time and resources by City staff to review the application and City staff has studied the time and resources necessary and believes that the recommended fees bear a reasonable  relationship to the City's cost of) providing this service; and citizens of Kerrville to adopt the fees as provided herein; THE CITY OF KERRVILLE, KERR COUNTY, TEXAS:  WHEREAS, City Council has determined it is in the public interest of the NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF City Council amends the Fee Schedule of the City of Kerrville, Texas, as set forth in Exhibit A, and attached and incorporated herein by reference, such changes  tol be effective immediately.  PASSED. AND. APPROVED ON this the,  day of  A.D.,  2022.  Judy Eychner, Mayor    APPROVED/ ASTOF FORM: icK  ATTEST:  Michael C.  Hayes, City Attorney  Shelley McElhannon, City Secretary  Page 2 of2  Reso. No. 88-2022    Exhibit A. DEVELOPMENTH SERVICESI DEPARTMENT BUILDING SERVICES AOIYONALROKCUPATIOMALLICENSES DEVEIOPMENTSERVICES DEPAHIMENT/CONTINUED CODE COMPLIANCE PERMITS/LICENSE Short- Term Rental Registration Fee Renewal Short-Term Rental RegistrationFee  Short-Term Rental Registration Fees  $100.00 perp property $50.00 per property    KERA TEXAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Fiscal Year 2022 -Year End Financial Report, and FY2023 Financial Report 10- AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 16, 2022  31-2022.  SUBMITTED BY: Julie Behrens, Chief Finance Officer  EXHIBITS: Expenditure Required: N/A  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: N/A  N/A  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item  N/A N/A  SUMMARY STATEMENT: RECOMMENDED ACTION:  None  ATTACHMENTS:  20221213_Plesentation financial.pdf    Financial Update  City Council Meeting December 13, 2022  KERRVILLE BUILDNGMOMENTUM)  FY2022 Year-End  Inthe past year: COVID-19 Pandemic Winter Storm Landon Extreme inflationary factors Cost-of-Living Increases to all employees Drought Conditions Multiple Grants Awarded Police Body Cameras  Special attention to personnel matters - especially in Public Safety Better than budget Sales Tax, EMS, Water & Sewer, and Interest Revenue  Police Communications Grant (Department of Justice) Community Development Block Grant FEMA Reimbursement Grant (Winter Storm Uri) EMS STRAC Grant Kerrville Sports Complex Grants Fitness Pad Grant Donations to Fund Police K9 Unit .and more  Notice of Award of FEMA Hazard Mitigation Grant for generators ($4.6M)  27 KERRVILLE BUIDINGMOMENTUN)  2    FY2022 General Fund Year-End Estimates  GENERALFUND- BUDGETSUMMARY FY2022 FY2022 Current Budget Budget Estimated 10,720,382 10,720,382 10,891,138 8,614,787 9,339,787 9,760,511 1,145,724 1,959,200 1,959,200 2,093,445 40,495 40,495 1,489,052 1,489,052 1,475,812 3,997,854 4,636,512 4,624,820 656,975 656,975 743,637 476,550 476,550 398,162 29,500 29,500 223,961 370,303 389,492 2,276,115 2,276,115 2,276,115 30,484,871 31,994,871 32,718,723 2,233,853 21,504,043 22,335,107 22,804,207 (1,300,164) (469,100) 1,476,757 1,547,876 1,562,337 3,627,633 3,611,457 3,094,618 2,489,581 2,423,629 2,388,542 569,258 524,313 286,120 283,139 67,600 95,139 750,000 2,204,114 2,134,114 (1,384,114) 30,484,871 32,741,635 32,341,803 (1,856,931) 399,832 (746,764) 376,921 11,738,186 $ 10,991,422 $1 12,116,106 37.2% 32.5%  Better/Worse Better/Worse FY2022 Than Original Than Current Budget Budget 170,756 170,756 420,724 134,245 134,245 70,659 70,659 (13,240) (13,240) 526,966 (111,692) 86,562 86,562 (78,388) (78,388) 25,038 25,038 165,531 19,189 723,852 (85,580) (14,461). 533,015 516,839 101,039 35,087 238,193 (4,265) 23,274 70,000  REVENUES Property Tax Sales Tax Franchise Fees Permits andFoes ntergovernmental Revenue Service Revenue RecreationRevenue Fines andForfeitures Grant8 & Donation Revenue Interest andN Mscellaneous OperatingT Transferk In TOTAL REVENUES EXPENDITURES Personnel Supplies Maintenance Services Other Expenses Capital Outlay Operatingl Transfers Out TOTAL EXPENDITURES CHANGE INNETE POSITION ENDINGFUND! BALANCE Reserve%  111,154 64,538  71,865 36.3%  KERRVILLE BULDNOAMOMENTUN)  FY2022 General Fund Year-End Estimates  Notables  Sales Tax $1.14M better than original budget EMS Revenues better than budget  Provided ability to fund COLA & Market Adjustments Offset increased personnel costs related to Public Safety staff Better than budget due to interest rates & FEMA funding  shortages Interest & Misc.  Maintenance better than budget  Some street paving projects in progress Services & Other Expenses better than budget  Supply shortages & reductions to help offset other inflationary Mid-year adjustment required to move funds to FY2023 remaining streets projects and supply shortages  pieces  NG MOMENTUM)  REuE    FY2022 General Fund Year-End Estimates  Revenues  Recreation 2.3%  PropertyT Tax 34.3%  ServiceR Revenue 14.2%  FY2022  Budget % Property Tax 35.2% Sales Tax 28.3% Services 15.6% Intergovernmental Franchise Fees 6.4%  Inter-G 4.6% Franchise Fees 6.6%  4.9%  Transfers-In 7.2%  77573 KERRVILLE BUEDINGMOMENTUN)  5  SalesT Tax 30.7%  FY2022 General Fund Year-End Estimates  Expenses  FY2022 Budget % Personnel 70.5% Maintenance 11.9% Streets included- - duet to timing of paving, some projects will carryover to FY2023 Services 8.2% Reduced to offset gas &otheri increases Supplies 4.8% Transfers 2.5% Increase due to mid- year budget adjustment to transfer some FY2021 excess funds  KAERRVILE BUILDINGAOMENTUN)  Other 0.9%  Transfers 6.6%  CapitalOutlay 0.2%  Maintenance 9.6% Services 7.4%  Supplies 4.8%  Personnel 70.5%    FY2022 Water Fund Year-End Estimates  WATERFUND- BUDGETSUMMARY  FY2022 Original Budget 17,000  FY2022 Current Budget Estimated 47,201  Better/Worse Better/Worse FY2022 Than Original Than Current Budget 381,202 199 56,629 (140,130) 34,991 70,633 (127) 230,010 (11,293) (100,298) 83,787 $ 305,503  Budget 381,202 199 26,428 55,723 25,960 196,591 13,397 13,158 (528) 1,202  REVENUES Service Revenues Grant Revenue Interest and Miscellaneous TOTAL REVENUES EXPENDITURES Personnel Supplies Maintenance Services Other Expenses Capital Operating Transfers Out TOTAL EXPENDITURES CHANGE INI NET POSITION RESERVE%  13,688,761 13,688,761 14,069,963  199 73,629  13,705,761 $ 13,735,962 $ 14,143,790 $ 438,029 $ 407,828  3,533,787 3,729,640 3,673,917 824,367 972,356 1,098,314 1,088,446 1,101,970 1,088,573 314,371 125,200 6,847,233 6,948,733 6,947,531 13,705,760 $ 13,927,477 $ 13,621,974 $  815,336 97,519 135,965  789,376 901,724 84,361 136,493  (191,514)s 521,816 30.0%  26.0%  30.7%  KERRVILLE BUILDINOAMOMENTUM)  FY2022 Water Fund Year-End Estimates  Notables  Water Revenues $200K better than budget Sewer Revenues $170K better than budget Other Revenues better than budget  Interest & Misc-i interest rates & FEMA Reimbursement Grant Sale of new meters & taps better than budget Waste Disposal Fees worse than budget $68K Personnel slightly better than amended budget COLA/N Market Adjustments covered by better than budget revenues Transfers Out-increased due to mid-year budget amendment Overall Fund - change in net position of $520K Carbon ($186K) budgeted for FY2022 received in FY2023 will require mid-year budget amendment to move funds to FY2023  v <KERRVILLE BUIL LDINGMOMENTUM)    FY2022 Water Fund Year-End Estimates  Revenues  FY2022 Budget% Water 49.8% Sewer 43.7% Other 6.4% Reuse Waste Disposal Meter, Taps, Misc.  Other- 7.9%  Sewer- 43.6%  Water- 48.6%  KERRVILLE BUILDINGMIONENTUM)  FY2022 Water Fund Year-End Estimates  Expenses  FY2022 Budget % Personnel 25.8% Transfers - Out 45.9% Increase due to mid- year budget amendment Supplies 6.0% Services 7.9% Maintenance 7.1%  Personnel 27.0%  Tiansfers-Qut51.0x  Supplies5 5.8%  6.6%  273 (KERRVILLE BUILDINGMOMENTUN)  Capital Outlay 1.0%  ServicesB.0%  Other 0.6%  10    FY2022 Other Funds Year-End Estimates  PROGRAMFUNDS  Notables:  FY2022 FY2022  FY2022 FY2022 FY2022 Estimated Estimated Golf will be moving to Funde Balance Revenue Expenditures Position Balance General Fund in FY2023  Beginning, Estimated Estimated Changei inNet Ending Fund $11,738,186 $ 32,718,723 $ 32,341,803 376,920 $ 12,115,106 3,632,554 $ 14,143,790 $ 13,621,974 521,816 4,154,370 9,846 418,467 400,704 350,090 3,716,576 128,717 34,128 77,425 (43,297) 85,420 3,702,019 470,612 1,290,641 (820,029) 2,881,991 1,710,936 1,774,101 1,432,399 341,702 2,052,638 73,791 60,974 55,385 99,527 84,636 88,855 814,869 44,228 20,327 23,901 838,771 2,412,687 17,109 78,754 943,588 1,029,199 (85,610) (6,856) 1,267,807 2,924,918 2,874,304 50,614 1,318,421 58,605 51,650 1,764,408 4,324,491 4,304,068 20,423 1,784,831 226,296 20,270 22,011 1,411,778 (148,524) 6,850 (155,374) 1,256403 4,512 103,157 (98,645) 575,499 2,949,288 4,256,695 3,057,480 1,199,215 4,148,503 238,494 143,268 155,251 (11,982) 226,512 TOTAL $ 34,723,951 $ 68,501,844 $ 66,161,869 $ 2,339,976 $ 37,058,818  Fund Name General Water Garage Employee Benefit Trust Parkland Dedication Police- Golf 5 Library! Memorial Water Asset Replacement Hotel Occupancy Tax P.E.G. Special Revenue Muni Court Special Revenue Landfill Landfill Post Closure Development Services General Debt Service TIRZ#1 Water Debts Service History Center Library Endowment Cailloux Theater Endowment 674,144 Grant Insurance Reserve  HOT Committed transfer project Memorial - Library HHHC project  17,763 27,609 to HHHC  3,733,554 (16,978) 333,112  Fire Special Revenue 127,526 62,677 48,508 14,169 141,695 General Asset Replacement 1,090,186 957,479 460,177 497,302 1,587,487  (19,197) 1,105,499 993,453 112,046 92,849 Committed transfer to 182,641 371,976 44,343 327,634 510,274 Grant Fund - holding  5,588 79,379 ARPA funds to be 17,109 2424,687 approved projects  (4,220) 95,307 51,650 110,255 (1.741) 224,555  transferred for Council- Parkland Dedication - Committed transfer to Fitness Pad  project 2233 KERRVILLE BUEDNGMONENTUN)  11  FY2022 Year-End Estimates  Questions?  KERRVILLE BUILDNOMOMENTUN)  12    >FY2023 Update  CITY OF KERRVILLE, TEXAS BUDGET FISCAL YEAR 2023  KERRVILLE BUILDINGI MOMENTUM)  KERRVILLE BULOINGMOMENTUN,  13  FY2023 General Fund As of October 31, 2022  GITVASTIRONTEZTENTETA FY2023 FY2023Y YTD FY2023Y YTD Than Budget Budget Estimate 11,426,842 549,673 627,148 10,539,565 784,430 2,041,275 179,884 1,679,980 210,102 4,581,617 356,245 1,813,950 130,152 446,700 52,800 322,962 2,271,464 189,711 1,918,012 163,031 3,979,009 338,216 2,862,947 243,351 629,511 15,000 792,110  Better/Worse Better/Worse ThanF FY2022 Actual Estimate FY2022YTD YTD (22,525) 793,253 (266,105). 99,661 731,700 152,391 831 57 2,297 77,967 1,525,011 (111,417) (5,190) 2,230 6,465 20,835 369,543 (138,606) (84,366). 309,986 (38,107) 10,257 150,559 (10,150). (1,731) 24,347 8,021 (2,359) 4,171 (2,499) (3,972). 14,465 6,216 (3,756) 185,926 29 81,179 (24,760) 218,791 (223,828) 490,198 (135,459). 49,037 (10,943) (66,009).  REVENUES Property Tax Sales Tax FranchiseFees Permits andFees Intergovernmental Revenue Service Revenue Recreation Revenue Fines andForfeitures Grant & Donationl Revenue Interesta andMsclaneous Operating Transferin TOTAL REVENUES EXPENDITURES Personnel Supplies Maintenance Services Other Expenses Capital Outlay Operaling Transfers Out TOTALE EXPENDITURES 14  884,091 2,354 8,695 230,937 271,879 140,409 32,367 1,671 20,661 185,966  1,523 13,885 34,098 4,030 24,653  Total Taxes 24,007,682 1,335,627 1,413,594  35,357,039 $ 3,634,130 2,306,188 $ 7,685 $ 2,586,238 $ (280,050) 25,160,450 2,138,638 2,130,079 23,030,371 1,877,836 (252,243)  106,939 1,812,073 442,619 3,536,390 625,657 2,237,290 59,980 569,531 15,000 66,009 726,101  53,508 1,206 66,009  35,367,038 $ 3,003,959 3,430,283 $ 31,926,756 $ 2,717,041 $ (426,324) Dz  <KERRVILLE BUILDINOG.MOMENIUN)    FY2023 Water Fund As of October 31, 2022  WATERFUND- BUDGETSUMMARY FY2023 FY2023 YTD FY2023YTD Than Budget Budget Estimate 7,123,558 6,468,542 517,483.36 177,844 415,000 31,000 4,055,517 939,779 1,183,268 1,069,329 328,678 143,920  Better/Worse Actual Estimate FY2022) YTD  Better/Worse Than FY2022 YTD 49,274 (5,818) (267) (2,379) 9,784 (687) (34,247) (18,509) (21,483) 16,496 (16,887) 3,506  REVENUES Water Sewer Reuse Waste Disposal Grants Donations Interest & Misc Total Revenue EXPENDITURES Personnel Supplies Maintenance Services Other Expenses Capital Operating Transfers Out TOTAL EXPENDITURES 15  656,080 661,526 516,793 21,341 18,646 30,046 30,452 2,480 11,121 33,250 30,912 344,719 349,408 76,122 37,826 95,845 62,269 86,616 162,449 26,623 17,449 11,658 6,384  5,446 612,252 (690) 522,611 (2,695) 18,913 406 32,831 8,641 1,337. (2,339) 31,598 (4,689) 315,161 38,296 19,317 33,576 40,786 (75,833) 178,945 9,174 562 6,274 8,890 570,603 (430,889) 6,797 $ 1,134,264 $ 6,797  Taps & Meters/ Other Services 467,000  $14,682,944 $ 1,260,681 1,269,449 $ 8,769 $1,219,542 $ 49,907  6,965,453 1,001,492 1,001,492 14,685,944 $ 1,643,074 $ 1,636,277  KERRVILLE BUEDNGMOMENTUM)  Upcoming  Dec-22 Audit  Continue Budget Planning Assets /Maintenance Annual Comprehensive Financial Report Presentation Begin Revenue Estimates for FY2024 Budget Begin Personnel Estimates for FY2024 Budget Departments begin work on operational plans FY2024 Budget  Budget Award Application  Feb-23  27 KKERRVILLE BUILDINGAIOMENTUN)  16    Questions?  ZNZ 72 KERRVILLE BULDNGMIOMENTUN)  17    KERRD EXAS.  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Appointment to the Food Service Advisory Board.  AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: November 17, 2022  SUBMITTED BY: Shelley McElhannon, City Secretary  EXHIBITS: Expenditure Required: $0  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: $0  $0  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item  N/A N/A  SUMMARY STATEMENT:  One term remains vacant. Staff Liaison is Daryl Poe.  One application has been received: Rebecca Dittmar.  Interview team is Place 1 Councilmember Garcia and Place 4 Councilmember Hughes.  RECOMMENDED ACTION:  Appoint member.    KERRI TEXAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Appointment(s) to the Library Advisory Board.  AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: October 6, 2022  SUBMITTED BY: Shelley McElhannon, City Secretary  EXHIBITS: Expenditure Required: $0  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: $0  $0  N/A  PAYMENT TO BE MADE TO: NIA Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item  N/A N/A  SUMMARY STATEMENT:  Three terms expire January 2023.  Two of these positions are appointed by City Council, and one position is appointed by the Three applications have been received: Barbara Jansen, Axel Peterson, Lana Tatsch. The interview team is Councimember Herring and Councimember Hughes.  County Commissioners, historically being a County Commissioner.  Staff liaison is Danielle Brigati.  RECOMMENDED ACTION:  Appoint member(s).    KERRL EXAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Appointment(s) to the Parks & Recreation Advisory Board.  AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: October 18, 2022  SUBMITTED BY: Shelley McElhannon, City Secretary  EXHIBITS: Expenditure Required: $0  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: $0  $0  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item  N/A N/A  SUMMARY STATEMENT:  The Parks and Recreation Advisory Board has one vacancy due to a member resignation. Ten applications have been received: Marie Baker, Dalton Dover, Melissa Downs, Justin Ferrell, Sterphen Lynch, Russell Nemky, Julie Pancake, Chad Portie, Mary Stone, Wynita The Interview Team is Councimember Clarkson and Councilmember Herring.  Yancy.  RECOMMENDED ACTION:  Appoint member(s).    KERRI EXAS  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  SUBJECT: Appointment(s) to the Recovery Community Coalition.  AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: October 25, 2022  SUBMITTED BY: Shelley McElhannon, City Secretary  EXHIBITS: Expenditure Required: $0  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: $0  $0  N/A  PAYMENT TO BE MADE TO: N/A Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item  N/A N/A  SUMMARY STATEMENT:  Three terms expire December 31, 2022. Richard Elliot, Christa Lovett. Staff liaison is Chief Eric Maloney.  Five applications have been received: Deanna Allen, Katelynn Christopher, Aaron Edmiston, Interview Team is Councimember Place 1 Roman Garcia and Councimember Place 3 Joe  Herring, Jr.  RECOMMENDED ACTION:  Appoint member(s).    KERRD EXAS SUBJECT:  TO BE CONSIDERED BY THE CITY CITY OF KERRVILLE, TEXAS  COUNCIL  Appointment(s) to the Planning & Zoning Commission. (Item eligible for  Executive Session 551.074).  AGENDA DATE OF: December 13, 2022 DATE SUBMITTED: October 6, 2022  SUBMITTED BY: Shelley McElhannon, City Secretary  EXHIBITS: Expenditure Required: $0  Remaining Budget Amount Budgeted: Account Number:  Balance in Account: $0  $0  N/A  PAYMENT TO BE MADE TO: NIA Kerrville 2050 Item? No Key Priority Area Guiding Principle N/A Action Item  N/A N/A  SUMMARY STATEMENT:  Four terms expire January 1, 2023.  Four applications have been received: David Lipscomb (eligible for reappointment), Tabor McMillan (eligible for reappointment), Kimberly Richards, Michael Sigerman (eligible for The interview team is Councilmember Clarkson and Councimember Hughes.  reappointmenty). Drew Paxton is staff liaison.  RECOMMENDED ACTION:  Appoint member(s).