NEW BUSINESS ITEM #1 11/5/2021 OF Presentation, Discussion & Possible Action on an Ordinance on Opening Invocations Before Meetings of the City Council of Blanco, Texas TEXAS am KELLY KUENSTLER NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING 1 Discussion Councilmember Smith wants the Council to consider adopting ai formal, written policy to clarify and codify invocation practices & wants Council to use A Allowed for invocations for the! benefit of1 the legislative bodyi itself "rather than for the individual leading thei invocation or for those who might also bep present ( Compiling al lists of monotheistic congregations by the City Secretary City Secretary to schedule respondents to the invitation "to give thei invocation on af first- 1 Not affiliate the City with any one specific faith by opening its doors to a wide pool of clergy decisions of the Fourth Circuit as general guidance ( Guidance was as follows: come, first-serve basis GmyoF BLANCO TEXAS 2 1 11/5/2021 Discussion Councilmember Smith further recognizes that: o Ap policy should be adopted that does not proselytize or advance any faith or show any purposeful patterns of one religious view tot the exclusion of Council has a constitutional duty to interpret, construe and amend its policies & ordinances to comply with contitytomairguremens as they are Council accepts as binding that the applicability of general principles of law &a all the rights and obligations afforded under the United States & Texas others announced Constitutions and Statues. GmyoF BLANCO TEXAS 3 Adoption 1. The policy is to allow for but not to mandate ani invocation or prayer which would be offered 2. Prayer shall not be listed or recognized as an agenda item for the meeting or as part of public 3. Nor member or employee of the Council or any other person in attendance at the meeting 4. Prayer shall be voluntarily delivered by an eligible member of the clergy within the 5. Procedures for speakers (on a rotating basis) are outlined int the Ordinance 6.N Noi invocation speaker shall receive compensation for his/her service. before meetings for the benefit ofi the Council business shall be required to participate in any prayer that is offered community of Blanco GmyoF BLANCO TEXAS 4 2 11/5/2021 Adoption 7. The Secretary shall make every reasonable effort to ensure that a variety of eligible 8. Neither the Council nort the secretary shalle engage in any prior inquiry, review of or involvement in the content of any prayer offered by an invocation speaker. 9. Shortly before the opening of the meeting, thel Mayor or the Mayor Pro Tem shall introduce 10. The policy is not intended and shall not bei implemented or construed in any way, to affiliate invocation speakers are scheduled for the Council Meetings thei invocation speaker the Council with a particular faith or religion CIyoF BLANCO TEXAS 5 Recommendation & Fiscal Impact Fiscal Impact: None Recommendation: Council Discretion GryoF BLANCOTEAS 6 3 11/5/2021 OF BLA Presentation, Discussion & Possible Action onan Ordinance on Opening Invocations Before Meetings of the City Council of Blanco, Texas TEXAS KELLY KUENSTLER NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING 7 4 ORDINANCE 2021-0-012 AN ORDINANCE OF THE CITY OF BLANCO, TEXAS, CITY COUNCIL, ON OPENNIG INVOCATIONS BEFORE MEETINGS OF THE CITY COUNCIL OF BLANCO, TEXAS; PROVIDING FOR REPEALER, SEVERABILITY, AND SAVINGS CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of] Blanco, Texas ("the Council') is an elected legislative WHEREAS, the Council has long maintained at tradition ofs solemnizing its proceedings by allowing for an opening prayer before each meeting, for the benefit and blessing of the and deliberative public body, serving the citizens of Blanco, Texas; and Council; and WHEREAS, the Council wishes to maintain at tradition ofsolemnizing its proceedings by allowing for an opening prayer before each meeting, for the benefit and blessing of the Council; and WHEREAS, the Council now desires to adopt this formal, written policy to clarify and WHEREAS, our Country's Founding Founders recognized that we possess certain rights that cannot be awarded, surrendered, nor corrupted by human power, and the Founders explicitly attributed the origin of these, our inalienable rights, to a Creator. These rights ultimately ensure the self-government manifest in our Legislature, upon which we desire to codityitsinyocation practices; and invoke divine guidanceand blessing; and WHEREAS, such prayer before deliberative public bodies has been consistently upheld as constitutional by American Courts, including the United States Supreme Court; and WHEREAS, in Marsh V. Chambers, 463 U.S. 783 (1983), the United States Supreme Court rejected a challenge to the Nebraska Legislature's practice of opening each day ofi its sessions with aj prayer by a chaplain paid with taxpayer dollars, and specifically concluded, "The opening of sessions of legislative and other deliberative public bodies with prayer is deeply embedded in thel history and tradition oft this country. From colonial times through the founding of the Republic and ever since, the practice of legislative prayer has coexisted with the principles ofdisestablishment and religious freedom." Id., at 786; and WHEREAS, the Council desires to avail itself oft the Supreme Court's recognition that iti is constitutionally permissible for a public body to' "invoke divine guidance" on its work. Id., at 792. Such invocation "is not, in these circumstances, an establishment' ofreligion or a step toward establishment; iti iss simply at tolerable acknowledgment ofbeliefs widelyl held among the people ofthis country." Id.; and WHEREAS, the Supreme Court affirmed in Lynch V.. Donnelly, 465 U.S. 668 (1984), "Our history is replete with official references to the value and invocation of Divine guidance Page 1 of6 in deliberations and pronouncements of the Founding Fathers and contemporary leaders." Id., at 675 and; WHEREAS, the Supreme Court further stated, that government acknowledgments of religion serve, in the only ways reasonably possible in our culture, the legitimate secular purposes ofsolemnizing public occasions, expressing confidence in thei future, and encouraging the recognition of what is worthy of appreciation in society. For that reason, and because of their history and ubiquity, those practices are not understood as conveying government approval ofp particular religious beliefs." Id., at 693 (O'Connor, J., concurring); and WHEREAS, the Supreme Court also famously observed in Zorach V. Clauson, 343 U.S. 306, (1952), "We are a religious people whose institutions presuppose a Supreme Being." Id., at313-14; and WHEREAS, the Supreme Court acknowledged in Holy Trinity Church V. Uniteds States, 143 U.S. 457 (1892), that the American people have long followed a "custom of opening sessions ofall deliberative bodies and most conventions with prayer...,"I Id., at 471; and WHEREAS, the Supreme Court has determined, "The content of! [such] prayer is not of concern to. judges where. .. therei isi noi indication that thej prayer opportunity hasl been exploited toj proselytize or advance anyone, or to disparage any other, faith or belief." Marsh, 463 U.S. at 794-795; and WHEREAS, the Supreme Court also proclaimed that it should not be the job of the courts or deliberative public bodies "to embark on a sensitive evaluation or to parse the content ofap particular prayer" offered before a deliberative public body.. Id.; and WHEREAS, the Supreme Court has counseled against the efforts of government officials to affirmatively screen, censor, prescribe and/or proscribe the specific content ofpublic prayers offered by private speakers, as such government efforts would violate the First Amendment rights oft those speakers. See, e.g., Lee V. Weisman, 505 U.S. 577, 588-589( (1992); and WHEREAS, in Simpson V. Chesterfield County Bd. of Supervisors, 404 F.3d276 (4th Cir. 2004), cert. denied, the United States Court of Appeals for thel Fourth Circuit reviewed and specifically approved as constitutional the prayer policy ofa county board, and made ai number of key findings about said policy; and WHEREAS, the Council is not bound by decisions of the Fourth Circuit, but hereby acknowledges the general guidance provided by the most important of that court's findings in Simpson, including the: facts that thej policy there: (1) Allowed for invocations for the benefit of the legislative body itself' "rather thanfor theindividual leading the invocation or for those who might also bej present,"Id.,a at 284; and (2) Established a practice of compiling a list of local monotheistic congregations,'with addresses taken primarily from the phone book," whereto the city clerk would send an invitation each December addressed to the "religious leader" of each congregation, Id., at 279;and Page 20 of6 (3) Required the city clerk to schedule respondents to the invitation "to give the (4) Thus, "made plain that [the county board] was not affiliated with any one WHEREAS, the Fourth Circuit showed little concern that the prayers before board meetings in Simpson were "traditionally made to a divinity that is consistent with the Judeo- Christian tradition," Id., at 280, because Marsh also considered, and found constitutionally acceptable, the fact that the prayers in question fit broadly within 'the Judeo-Christian invocation on a first-come, first-serve basis," Id.; and specific faith by opening its doors to a wide pool of clergy." Id., at 286; and tradition.' " Id., at 283 (quoting Marsh, 463U.S. at 793); and WHEREAS, in Pelphrey V. Cobb County, 547 F.3d 1263, 1278 (11th Cir. 2008), the United States Court of Appeals for the Eleventh Circuit followed the rationale and reasoning of Marsh and Simpson and upheld the constitutionality of a county commission's invocation policy; WHEREAS, thel Eleventh Circuit in Pelphrey specificallyrejected the argument that the Establishment Clause permits only nonsectarian prayers at] legislativei emeetings, holding instead that prayers are permitted as long as "there is no indication thei that prayer opportunity has been exploited to proselytize or advance any one, or to disparage any other, faith or belief," Id. at 1266; WHEREAS, the Council intends, and has intended in past practice, to adopt a policy that does not proselytize or advance any faith, or show any purposeful preference of one religious view toi the exclusion ofothers; and WHEREAS, the Council recognizes its constitutional duty to interpret, construe, and amend its policies and ordinances to comply with constitutional requirements as they are announced; and WHEREAS, the Council accepts as binding the applicability of general principles of law and all the rights and obligations afforded under the United States and Texas Constitutions and statutes. NOW, THEREFORE, BE IT RESOLVED by the City Council of Blanco, Texas, that the foregoing premises are found to be true and correct and, accordingly, the Council hereby adopts the following written policy regarding opening invocations before meetings of the Council: 1. In order to solemnize proceedings oft the City Council of Blanco, Texas, itis the policy oft the Council to allow for, but not to mandate, an invocation or prayer to be offered before its meetings for thel benefit ofthe Council. 2. 3. The prayer shall not be listed or recognized as an agenda item for the meeting No member or employee oft the Council or any other person in attendance at the or as part ofthe public business. meeting shalll bei required toj participate! in any prayer that is offered. Page 3 of6 4. Thej prayer shall be voluntarily delivered by an eligible member oft the clergyin the Blanco Community. To ensure that such person (the "invocation speaker") is selected from among a wide pool oft the Blanco Community Clergy, on ai rotating basis, theinvocations speaker shall be selected according to the following procedure: a. The City Secretary (the "Secretary") shall compile and maintain a database (the Congregations List") of the religious congregations with an established presence int the Blanco Community. b. The Congregations List shall be compiled by referencing the listing for"churches," "congregations," or other religious assemblies in the annual YellowPages phone book(s) published for the City of Blanco, Texas, research from the Internet, and consultation with local chambers of commerce. All religious congregations with an established presence in the local community of the Blanco are eligible to be included in the Congregations List, and any such congregation can confirm its inclusion by specific written request to the Secretary. C. The Congregations List shall also include the name and contact information of any chaplain who may serve one or more oft the fire departments orlaw enforcement agencies ofthe CityofBlanco, Texas. Secretary, in November ofeach calendar year. d. e. The Congregations List shall be updated, by reasonable efforts of the Within thirty (30) daysofthe effective date ofthis policy, and on or about December 1 of each calendar year thereafter, the Secretary shall mail an invitationaddressed to the "religious leader" of each congregation listed on the Congregations List, as well as to the individual chaplains included on the Congregations List. f. The invitation shall be dated at the top of the page, signed by the Secretaryat thel bottom ofthe] page, and read as follows: Dear religious leader, The City Council of Blanco, Texas makes it a policy to invite members of the clergy in the Blanco community to voluntarily offer a prayer before the beginning of its meetings, for the benefit and blessing ofthe Council. As the leader ofone ofthe religious congregations with an established presence in the local community, ori in your capacity as a chaplainforone ofthe local fire departments or law enforcement agencies, you are eligible to offer this important service at an upcoming meeting of the Council. Page 4 of6 Ifyou are willing to assist the Council in this regard, please send awritten reply at your earliest convenience to the City Secretary at the address included on this letterhead. Clergy are scheduled on a. first-come, first-serve basis. The dates of the Council's scheduled meetingsfor the upcoming year are listed on the following, attached page. If. you have a preference among the dates, please state that request in your written This opportunity is voluntary, and you are free to offer the invocation according to the dictates ofyour own conscience. To maintain a. spirit ofrespect and ecumenism, the Council requests only that the prayer opportunity not be exploited as an effort to convert others to the particular. faith of the invocation speaker, nor to disparage any. faith or belief different than that of the On behalf of the City Council of Blanco, Texas, I thank you in reply. invocation speaker. advance for considering this invitation. Sincerely, City Secretary g. As thei invitation letter indicates, thei respondents to thei invitation shall bescheduled on a first-come, first-serve basis to deliver the prayers. 5. No guidelines or limitations shall be issued regarding an invocation's content, except that the Council shall request by the language of this policy that no prayer should proselytize or advance any faith, or disparage the religious faith or non-religious views of others. 6. Noinvocation speaker shall receive compensation for his or her service. 7. The Secretary shall make every reasonable effort to ensure that a variety of eligibleinvocation speakers are scheduled for the Council meetings. In any event, no invocation speaker shall be scheduled to offer aj prayer at consecutive meetings of the Council, or at more than three (3)Council meetings in any calendar year. 8. 9. Neither the Council nor the Secretary shall engage in any prior inquiry, review Shortly before the opening gavel that officially begins the meeting and the of, orinvolvement in, the content ofanyprayer tol be offered by an invocation speaker. agenda/business ofi the public, the Mayor or the Mayor Pro Tem shall introduce the invocation speaker and the person selected to recite thel Pledge of Allegiance following the invocation, and invite only those who wish to do sO to stand for those observances ofa and fort the Council. 10. This policy is not intended and shall not be implemented or construed in any way,toaffiliate the Council with, nor express the Council's preferencei for, any faith or religious denomination. Rather, this policy is intended to acknowledge and express the Council's respect for the diversity of religious denominations and faiths represented and practiced among the citizens ofl Blanco, Texas. Page 5 of6 NOW, THEREFORE, BEITFURTHER RESOLVED that this) policy shall DULY ADOPTED AND APPROVED by the City Council of the City of becomeeffective immediately upon adoption by the Council. Blanco,Texas, on this gth day of November, 2021. APPROVED: Rachel Lumpee Mayor ATTEST: Laurie Cassidy City Secretary APPROVED AS TOFORM: Brad Bullock City Attorney Page 6 of6 NEW BUSINESS ITEM #2 11/4/2021 OF Discussion, Consideration & Possible Action on the Property Located at 301 Misty River Run & Jones Street TEXAS KELLY KUENSTLER NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING 1 Discussion The Owners, Michael & Ayse Cheslock, at 301 Misty River Run arei interested inp purchasing the piece of The reason for the Chesiock's request is that they wouldl liket tor reengineer the land because it floods property that ist the City'sr right of way which runs parallel tot the State Park. The Cheslock's property sits below the street levei The reason for the purchase ofl land is sot that they have higher ground top park CIyoF BLANCO TEXAS 2 1 11/4/202: Further Discussion This request was brought before a previous councila and it was denied. The city's right of wayi is currently knowna as Jones Street. GITYOF BLANCO TEXAS 3 Recommendation & Fiscal Impact Recommendation: City Administrator does not recommend selling the piece of property thati is Fiscal Impact: Unknown the City's right of way. GmyoF BLANCO TEXAS 11/4/2021 OF RI Discussion, Consideration & Possible Action on the Property Located at 301 Misty River Run &. Jones Street TEXAS KELLY KUENSTLER NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING 5 3 NEW BUSINESS ITEM #3 11/3/2021 OF BL Presentation, Discussion & Possible Action on City of Blanco Property Known as Pecan Bottom TEXAS mm r KELLY KUENSTLER NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING 1 Discussion Councilor Baron & Mayor Lumpee would like to explore the possibility of plans o Inl late 2017/early 2018, KBB began the Town Creek Riparian Restoration project and partnered with the Hill Country Alliance, Nature Conservancy, and - Att the beginning, KBB Beautification chair and landscape designer. Judy Dorsett and Ryan McGillicuddy, Texas Dept. of Parks and' Wildlife, put their heads together to work on the plan for the riparian restoration of Town Creek between Hwy. 281 and Blanco State Park and created a drawing of what they for Pecan Bottom the Texas Parks and Wildlife hoped to accomplish with the project CmyoF BLANCO TEXAS 2 1 11/3/2021 Designer's Drawing CITyOF BLANCOTEAS 3 ecommendations Were Also Provided by the 3 Partners Hill Country Alliance Nature Conservancy Texas Parks & Wildlife Objective: "Restore and beautify the native riparian corridor along Town Creek in downtown Blanco ina ar manner that provides for both recreational uses and ecological functions, including stream stability, erosion control, flood mitigation, wildlife habitat, and water quality." I Priority 1: Bindseil City Parki from the Pecan Street Bridge down to the culverted sidewalk crossing Priority 3: Culverted sidewalk crossing tot the Blanco State Park border (not all City owned property) 31 priority zones including the Pecan Bottom Priority 2: Fromi laundromat tot the vehicular bridge at Pecan Street CmyoF BLANCO TEXAS 2 11/3/2021 Priority Zone 2 Recommendations Widen thei in-tact riparian area along the right bank by 5-10f feet Mark the growz zone area with signage and a passive border (KBB has grow zone signs) Collect andl broadcast the Virginia wild-rye seed in mid to late fall Create targeted access points no more than 20 feet wide and spaced at least 501 feet apart with the grow zonei inb between Leave limbs and large woody material in the creek GITyoF BLANCO TEXAS 5 Benefits of Green Space in Cities Health benefits associated with access to public open space and parks Reduced stress levels, depression, and more Increased physical activity Reduce healthcare and other costs habitats for humans, wildlife, and plants Makes compact living attractive and viable Environmental benefits associated with access to public open space and parks Protect natural lands, ecological reserves, wetlands, and other green areas which provides health Create human and energy efficient cities that can help slow global warming Trail networks linki individual parks, making them easier to bike and walk Trees and vegetation offer lower cost, natural solutions for addressing storm water runoff and air pollution CIYOF BLANCO OTEXAS 6 3 11/3/2021 SRIDESES BULTINCTYPARKS CIyoF BLANCO TEXAS 7 Recommendation & Fiscal Impact Fiscal Impact: Unknown at this time, but there would be major health and environmental benefits for the community Recommendation: Council approve plan for Pecan Bottom GTYoF BLANCOTEAS 8 4 11/3/2021 OF BL Presentation, Discussion & Possible Action on City of Blanco Property Known as Pecan Bottom TEXAS KELLY KUENSTLER NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING 9 5 1g, NEW BUSINESS ITEM #4 11/3/2021 OF BL Presentation, Consideration & Possible Action on Mainstreet Architects, Inc. (Blanco Streetscape & City Masterplan) TEXAS Rm KELLY KUENSTLER NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING 1 Discussion Mainstreet Architects, Inc. answered: an RFQ issued by Streetscape. and presented their proposal to Streetscape awarded1 the RFQ tol Mainstreet Architects, Inc.i in July InA August, City Administrator met with Mainstreet Architects, Inc. in ane effort to understand howt the Streetscape proposal should come before an update to the City's master plan. Both the City Administrator and Sue. Ann Pemberton of Mainstreet Architects agreed that the project needed tob be redesigned and1 that projects should run parallel andt that the fee would be based over the Even witht the rewrite, City Administrator does not believe itisi int the! best interests oft the taxpayer to do City Administrator discussed the original RFQ & possible revision with Streetscape on November gth. Streetscape inJ June. duration oft the project. the entire plan. GTyOF BLANCO TEXAS 2 1 11/3/202: Options 1. Adopt the Mainstreet Architects, Inc. plan as is and do al budget adjustment for the payment 2. Adopt a very revised version of the plan, i.e., last bullet points in Phase 1 which would cost oft the City's portion of the plan (whatever is determined). $80,000 Streetscape: $15,000 3. Don't adopt the plan andi revisit next year. 4. Any other revision the Council decides upon. GmyOF BLANCOTEAS 3 ecommendation & Fiscal Impact Fiscal Impact: Recommendation: City Administrator recommends that the Council not fund the RFQ. GmyOF BLANCO TEXAS 4 2 11/3/202: BL Presentation, Consideration & Possible Action on Mainstreet Architects, Inc. (Blanco Streetscape & City Masterplan) TEXAS a KELLY KUENSTLER NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING 5 Mainstreet Architects Inc. Blanco Streetscape Masterplan - Methodology with Two Parallel Projects Phase 1- Expedite Community Engagement and Downtown Design Community and Stakeholder Input Hold public listening sessions to discuss challenges and needs a. Meet with choos/chidren/patrents b. Meet with business owners Meet with city officials and staff Visioning and Guiding Principles d. Hold initial consultation with Blanco Streetscape Committee Bring the community together to create a preliminary unified vision of the streetscape based on previous tasks a. Create graphics and review images. b. Prepare draft goals and objectives . Prioritize design goals and concepts Comprehensive Masterplan a. Listening Session d. Coordinate with Design Guidelines and Standards, and Downtown Design Specific Preliminary Design b. Establish Pilot Project Design Area Schematic Design Presentation Phase 1- $20,000 Phase 2 - Research and Downtown Project Design Citywide Research a. Review available resources b. Outline public outreach plan Establish roles and responsibilities d. Collect and analyze previous planning and research efforts e. Review fabric of the existing built environment and historic survey f. Review regulatory framework including Texas Department of Transportation Downtown Design Pilot Review a. Finalize Design b. Bid/Initiate Pilot Project 709 Avenue E San Antonio, Texas 78215 mahstetarchiectsincon 210.732.9268 Analyze Existing Conditions - Citywide Review land and building use and utility locations a. Identify current land and building use b. Identify open space and underutilized properties C. Study vehicular and pedestrian traffic d. Identify locations of existing utilities Assess Connectivity - Citywide e. Evaluate utility location easiblity/possiblity of relocation Determine circulation goals for bikes, pedestrian, vehicles a. Study circulation via analysis of roadway links and intersections, b. Assess connectivity, real and perceived, as expressed in block size and configuration community and stakeholder meetings Phase 2-$ $30,000 Phase 3 - Preliminary Master Planning - Citywide Review and incorporate findings from previous research and visioning a. Draft initial Masterplan and graphics b. Present Draft publicly for review and comment Identify possible Phases of Implementation Phase 3-$ $20,000 Phase 4 - Final Masterplan Incorporate Revisions to Draft a. Incorporate appropriate comments and recommendations b. Evaluate comments and recommendation from Task 6 C. Finalize possible phasing recommendations d. Outline recommendations for Implementation e. Combine all previous tasks into Final Document f. Present plan to City and Community g. Deliver print and digital files Phase 4-$15.000 $85,000.00 Total over the life of the life of the project Billed on a Monthly Basis 709 Avenue E San Antonio, Texas 78215 mainstreetarchitectsinc.com 210.732.9268 NEW BUSINESS ITEM #5 11/3/202: OF B1 PRESENTATION, DISCUSSION AND POSSIBLE ACTION ON AN ORDINANCE AMENDING AND MODIFYING ORDINANCE 2016-0- 09 (ADOPTED8/29/16), CODIFIED AS SECTION 12.01.002 OF1 THE CODE OF ORDINANCES OF THE CITY OF BLANCO, AND PROHIBITING PROVISION OF WATER OUTSIDE CITY LIMITS EXCEPTINLIMITED: CIRCUMSTANCES KELLY KUENSTLER NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING TEXAS m 1 Discussion Councilor Barron: askedt that this item be placed ont the current agenda as a conservation item based on her ongoing concerns about Blanco's waters supply andi the availability of water This amendment is about exploring options for future growth City wants to ensure that there is wateri for residents &1 future residents oft the Town of Blanco Itisa anticipated that most development int thei future willl be int the ET;t therefore, al look at the The amending ordinance looks at prioritizing residents - Council needs to ensure that their needs are Councilor Barron suggests that you look at policies that conserve inc order to protect citizens amendment is relevant. met first. There is noi increase in water resources int the future for Blanco GyOF BLANCO TEXAS 2 11/3/202 Ordinance Changes Sec.: 12.01.002 Provision of water outside cityl limits Except as otherwise specifically provided herein, the city shall not provide water services outside the city This ordinance shall not prohibit pre-existing water services that are inj place and providing water at the Notwithstanding the foregoing, ift the owners of real property located outside oft the city limits, butl living within the city's extraterritorial jurisdiction, shall apply for city water services, then, in addition to properly filling out all applicable forms (the "application") required by the city, the owners shall be required to file with the city a petition requesting voluntary annexation (the "petition"). Said petition shall bei ina a form determined by the cityi ini its sole discretion. Provision of city water to the non-city real property owner(s) is conditioned upon both the city and city council properly accepting and approving limits. time of the approval of the ordinance. the application and petition,as well as all other appliçable legal requirements. CmyoF BLANCO TEXAS 3 ecommendation & Fiscal Impact Fiscal Impact: Recommendation: Unknown Council Discretion GTYOF BLANCOTEKAS 4 11/3/202: OF PRESENTATION, DISCUSSION AND POSSIBLE ACTION ON AN ORDINANCE AMENDING AND MODIFVING ORDINANCE 2016-0- 09 (ADOPTED 8/29/16), CODIFIED AS SECTION 12.01.002 OF THE CODE OF ORDINANCES OF THE CITY OF BLANCO, AND PROHIBITING PROVISION OF WATER OUTSIDE CITY LIMITS EXCEPT INI LIMITED CIRCUMSTANCES KELLY KUENSTLER NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING TEXAS 5 Sec. 12.01.002 Provision of water outside city limits Ift the owners of real property located outside of the city limits, but living within the city's extraterritorial jurisdiction, shall apply for city water services, then, in addition to properly filling out all applicable forms (the "application") required by the city, the owners shall be required to file withi the city a petition requesting voluntary annexation (the "petition"). Said petition shall be in ai form determined by the city ini its sole discretion. Provision of city water toi the non-city real property owner(s) is conditioned upon the city and/or city council properly accepting the application and petition. (Ordinance 2016-0-09 adopted 8/29/16) AN ORDINANCE AMENDING AND MODIFYING ORDINANCE 2016-0-09 (ADOPTED 8/29/16), CODIFIED AS SECTION 12.01.002 OF THE CODE OF ORDINANCES OF THE CITY OF BLANCO, AND PROHIBITING PROVISION OF WATER OUTSIDE CITY LIMITS EXCEPT IN LIMITED CIRCUMSTANCES Whereas the City of Blanco maintains its own water supply by adjudicated rights to draw water from the Whereas accordingly, water supply to the City of Blanco is limited and should be conserved and managed Whereas, iti is clearly in the City's best interest to prioritize the provision of water services to the residents Therefore, Ordinance 2016-0-09 (adopted 8/29/16), which is codified at Section 12.01.002 of the Code of Ordinances of the City of Blanco, is hereby amended and modified to add the following provisions (noted as Blanco River and secondarily, from Canyon Lake; with care and in the best interest oft the residents of the City; of the City and to within the City's limits and boundaries; underscored below): Sec. 12.01.002 Provision ofv water outside city limits a. Except as otherwise specifically provided herein. the city shall not provide water services outside the city b. Thisordinance shall not prohibit pre-existing water services that arei inj place and providing water at the time Notwithstanding the foregoing, if the owners of real property located outside of the city limits, but living within the city'sextraterritorial. jurisdiction, shall apply for city water: services, then, in addition to properly filling out all applicable forms (the applcationrequired by the city, the owners shalll be required to file with the city a petition requesting voluntary annexation (the petition/").Said petition shall be in ai form determined by the city in its sole discretion. Provision of city water to the non-city real property owner(s) is conditioned upon both the city and city council properly accepting and approving.the: application and petition,as well as all other applicable legal requirements. limits. ofthe approval oft the ordinance. NEW BUSINESS ITEM #6 11/4/2021 A OF BL Discussion, Consideration & Possible Action on Clarifying Blanco Sewer Rates RONNIE RODRIGUEZ - OLGA GAMEZ - ASSISTANT CITY SECRETARY NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING TEXAS D PUBLIC WORKS DIRECTOR 1 NTRODUCTION The agenda item regarding Sewer Rates atl lastr months City Council Meeting has uncovered issues in our billing and records department that date backt to. June, 2020. This occurred when the City of Blanco updated the latest water rate increases into our RVSsystemi in December, 2020, andi thei incremental increase for sewer was not carried over toall This means that alla accounts created aftert that date were on a base rate only sewer charge of $28.00/month and did NOT have the incremental increase charges fromy winter averaging (estimated 65 accounts). Alla accounts before thist time frame ended up on a "Fixed Rate" of sewert fees that included thei incremental charges from the winter averaging year of 2019( (estimated 835 accounts). Therefore, the City ofE Blanco has been charging 2 different ways for sewer inr regards to The City of Blancol has historically charged for sewer using al base rate AND ani incremental charge for usage utilizing accounts. the incremental charges (winter averaging). winter averaging during ther months of December, January andF February. Current records do not positively: specify if winter averaging charge ist to bei in effect. CITyOF BLANCO TEXAS 2 1 11/4/2021 HISTORY OF RATES (SEWER) February8, 1982 -AN ORDINANCE CREATING RULES AND REGULATIONS FORI FURNISHING CITYUTILITIES SEWERF RATESI INSIDE CITYL LIMITS -Thef following schedule of monthly, charges a rates for sanitary sewer: service User charge willl be determined by thev volume of wastewater discharged with each user billed thes same minimum user charge of $4.00, per month fori thet first 4,000 gallons. Ratesi ine excess oft this minimum user charge willb be calculated based upont the averagey watero consumption during the months of December, January, and Februaryat Established the minimum (base) rate and excess (incremental). rate using winter averaging. ANDS SETTINGI RATES FOR CHARGES THEREFORE FOR" THE CITY OFE BLANCO, TEXAS. furnished byt the Citys shalll be, and: suchi is hereby adopted and established, asf follows: the rate of $0.50 per 1,000g gallons metered over the 4,000 gallon minimum. GrYoF BLANCO TEXAS 3 AMENDMENTS 12 Amendments (sewer only) from February 8, 1982- August 14, 2012 August 14,2012-A Approved by Council- Sewer Rate. Adjustments Residential Base Rate: $16.00 (Includes 2,000 gallons) and $2.00/1,000 gallons usage after 2,000 gallon minimum. Residential OSCL Base Rate: $16.00 (Includes 2,000 gallons) and $3.00/1,000, gallons usage after 2,000 gallon minimum. Commercial Base Rate: $20.00 (Includes 2,000 gallons) and! $2.50/1,000 gallons usage after: 2,000 gallon minimum. Commercial OSCL Base Rate: $20.00 (Includes 2,000 gallons) and! $3.75/1,000 gallons usage after 2,000 gallon minimum. UTILIZING THE BASE ANDI INCREMENTAL RATES. LATESTAPPROVED INCREMENTAL RATES. GryoF BLANCOTEKAS 4 2 11/4/2021 2017 AMENDMENT May 9, 2017-PASSED AND APPROVEDI BY COUNCIL- 20%1 Increase oft the difference between the current rate andi the recommended rate with depreciation: set forthi in Schedule. A. B NO RECORD OF THIS AMENDMENT BEINGI IMPLEMENTED IN OUR BILLING. SYSTEM. GyoF BLANCO TEXAS 5 2020 AMENDMENT June 9,2 2020- Rate changes presented and Approved by Council. Water/Sewer Ratel implementation g-Jun Ctyo Council Approval immediate Sewer Ratel Increase Applied I-lul Reinstate Latef fees andD Disconnects 1-Oct Commercial Rates Applied oat Industrial Rates Applied -Der Residential RatesA Applied Negogiatlon Immediate Special Condition accaunts willb begini immediate sentifkaioninegptiatiens witha acontracti implemented October 1fora annual review. perc contractt terms. Water/Sewer Rate Monthly Annually $20,023.50 $240,282.00 $10,689.30 $128,271.60 Total $113,4Z4.80 5121,104.00/Median Avg. 30%ofwater $1,361,097.60/a11 $13,310.90 $159,730.80 Residential Commercial $72,620.00 $871,440.00 Industrial Sewer +$12 $10,092.00 Increase CIyoF BLANCOTBuS 3 11/4/2021 RECORDS The 2020 Amendment: approved by Council- - * Does not specify changes tol Base Rate only & Does not address keeping/eliminating the incremental charges (winter averaging) Meeting minutes record motion passed as presented by staff eliminate the need for any clarification. Clear, detailed, and accurate records are vital for the City of Blanco billing department ands should DISCUSSION? GryoF BLANCO TEXAS 7 FISCAL IMPACT The fiscal/budgetary impact will differ on the decision made by Council to: Charge Base Rate with winter averaging - Revenue increase after updating (65?)accounts Charge Base Rate WITHOUT winter averaging - Revenue decrease after updating (835?)accounts Reimbursements to all affected accounts Rate Study required GITYOF BLANCO TEXAS 8 4 11/4/2021 RECOMMENDATION To approve uniformityi in the City of Blanco's sewer rates To approve to continue to utilize the $28 base rate for all customers, AND implement the latest incremental charges (August 14, 2012) for all customers until another rate study can be completed and presented to Council. GyoF BLANCO TEXAS 9 F BL Discussion, Consideration & Possible Action on Clarifying Blanco Sewer Rates RONNIE TEXAS RODRIGUEZ - PUBLIC WORKS DIRECTOR OLGA GAMEZ - ASSISTANT CITY SECRETARY NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING 10 5 NEW BUSINESS ITEM #7 11/5/2021 Discussion, Considerationand Possible Action On the ApprovalofaWater. & Extension Agreement Betweenthe City of Blanco andSix-Wheeler, LLC OF BL4 Sewer TEXAS mmo KELLY KUENSTLER NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING 1 Background Six Wheeler, LLC, constructed water ands sewer lines on approximately 40.21 acres of land located within the City limits. Six Wheeler, LLC, sold ap portion oft this property to ap private company. The private company believed that the land they purchased hadi running water ands sewer Al Water & Sewer Line Extension Agreement is brought forward in an attempt to determine whether or not the City will tapi intot thei infrastructure and how an agreement to dot this can lines serviced by the City. be constructed in al legal manner. CmyoF BLANCO TEXAS 2 1 11/5/2021 Background During the October City Council Meeting, the Water & Sewer Extension Agreement was brought before Council. No one representing Six Wheeler, LLC was present. After the October Council Meeting, it was discovered that on the day of the meeting at 5:23 p.m., Mark Sparrow e mailed the cityt to inform them that the developer approved oft the 20 years of maintenance but not toi the $20,000 bond requirement. The agenda item was moved toi the November gth City Council Meeting. On October 12, 2021, the City Administrator received an e mail from Mark Sparrow indicating that' "Developeri is fine for 20 years - we kindly ask ifthe City would waive the $20k bond requirement and agree to lower the maintenance" GIyoF BLANCO TEXAS 3 Background On November 1, 2021, City Administrator receives ORR from Sparrow and an email referencing the UDC and its requirements. City Administrator responds with al letter stating that the UDC requirements are for those who have submitted plans tot the City in advance. City Administrator was contacted by Mark Sparrow who now represents Six Wheeler LLC. City Administrator met with Mr. Sparrow on November 4th who asked for a maintenance bond fora a period of two (2) years which would protect against design defects, workmanship faults & other Mr. Sparrow was able to show Mayor Lumpee and the City Administrator al blank Master Utiity Development Agreement given to Mr. Wheeler byi former Mayor Martha Herden. Mayor Lumpee contacted former Mayor Herden who stated thati ity wasi ini fact her that gave Mr. Wheeler the agreement but that she never received anything in return andi it never went any defects. further, i.e. never presented to Council. CIyoF BLANCO TEXAS 4 2 11/5/2021 Background Mr. Sparrow represented to Mayor Lumpee andt toi the City Administrator that Ronnie Rodriguez had done cityi inspections on all of the infrastructure and that he had also given Mr. Wheelera Mr. Rodriguez denied that hee ever inspected thei infrastructure but did state that he "remembered giving Mr. Wheeler the number oft the City's supplier and that he would have given that list to any developer". Mr. Rodriguez alsos stated that he' "did see approximately 100 feet oft the infrastructure whichl had not been buried but never approved anything". City Administrator agreed to bring Six Wheeler LLC's proposal to the Blanco City Council but stated that she would not recommend at two (2) year maintenance bond as she didn't believe thet taxpayer should carryt thel burden ofi infrastructure laid that was not in compliance with the list ofa approved fittings for thei infrastructure. law CIyoF BLANCO TEXAS 5 ecommendation & Fiscal Impact Fiscall impact: The fiscal impact should be positive int thef following ways: (1) Landowners will pay water & sewer fees - dependent on use (2) Landowners will pay connect fees $10.00 (3) Landowners willp pay $50.001 for the Customer: Service Inspection (CSI) (4) Developer will, payi impact fee off (5) City will receive water & sewer tapi fees ($1,200 plus meter deposit of $1481 for commercial (6) City will receive ad valoremi taxes on properties sold once they are built out. (7) City will not have to pay maintenance fees ona any of thel lines for a period of. years. businesses). Recommendation: City Administrator recommends GnyoF BLANCO OTEXAS 3 11/5/2021 Discussion, Consideration and Possible Action On the Approval ofa Water & Sewer Extension Agreement Between the City of Blanco and Six-Wheeler, LLC OF_BLA TEXAS KELLY KUENSTLER NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING 7 4 Hello Mayor, Can you please print out this email for Kelly? Thank you, Laurie A. Cassidy City Secretary City of Blanco 3001 Pecan St. Blanco, TX 78606 Office: 830-833-4525 Public Officials: Do not reply allt tot this email as doing SO may be a violation of the Texas Open Meetings Act. Onl From: marsparrowectescnet marsparowedescne Sent: Tuesday, Oaober12,2021523PM To: ypec@dlyolblanco.om Cc: yedmecilyplbancocom, 'Jason Wheeler' wheer5/Pgmalcom Subject: FW: Water and Sewer Line Extension. Agreement Laurie, On behalf of Six Wheeler Investments, LLC ("Developer"): and Mr.. Jason' Wheeler, Developer is fine with We kindly aski ift the City would waive the $20K bond requirement and agree to lower the maintenance for 20 years. Please feel free to contact me or Mr. Wheeler if youl have any questions. Thanking you in advance for your consideration. Sincerely, Mark Sparrow Sparrow Real Estate Services, Inc. 210.722.9211 Hello Mr. Wheeler, Attached is draft water and sewer line extension agreement for your review. Thank you, Laurie. A. Cassidy City Secretary City of Blanco 300 Pecan St. Blanco, TX 78606 Office: 830-833-4525 Public Officials: Do not reply all tot this email as doing SO may! be: ay violation of the Texas Open Meetings Act Onl From: cityadmin@cityofblanco.com cityadmin@cityorblanco.com> Sent: Monday, owember1,01606rM To:' marsparowectesener mansparowerdteseneb Cc:' clpectedlyolbamcocom ahpecedyolbanco.com Subject: RE: Public Information Request Good Evening Mr. Sparrow: lami familiar with that provision but the two-year maintenance bond ist for those who have: submitted plans tot the cityi in advance and have followed the laws passed by the city. In this case, the city would have had the opportunity toi inspect The point ist that even when the city has had an opportunity toi inspect in advance, and event for those projects that are compliant with our rules, those developers still post a two- year maintenance bond. Why would someone who did nothing to comply with city regulations get the benefit of thet two- year bond? Ibelieve this is an unnecessary risk tot the taxpayer. There is no way for us to reasonably inspect all of this infrastructure since iti is already in the ground. We have Because rules were not followed and there was not authorization given through the appropriate method, your client would not get the same benefit as the developer who made certain tot follow the City of Blanco's regulations. for compliance before construction but of course, they did not, no way of knowing ifi itisc compliant. lhope this helps clarify the situation for you. Please let me knowi ifican assisti ina any way. Respectfully, Kelly Kelly Kuenstier, MPA Blanco City Administrator (Interim) P.O. Box 750 Blanco, TX 78606 (830)833-4525 Please do not hit reply to all in order to avoid a potential Open Meetings Violation. Thank you! From: mansparrowpctescnet mansparowPdtesce Sent: Monday, November 1,20214:13PM To: nadmnechyetpanocon Cc: vaectyolDanco.com Subject: RE: Public Information Request Thanks Kelly! In regards to the last draft of the water and sewer line extension agreement with Six Wheeler investments, LLC: and in particular the City's request int that draft that Six Wheeler Investments, LLC posts a $20,000.00 maintenance bond for 20 years, llooked through the City's unified development code and noted thati in Section 8.5(3) - City Acceptance of Improvements, the landowner or developer is required to submit at two (2) year maintenance bond upon completion of Ify you agree, then shouldn't thet term on the maintenance bond bel limited two (2) years and not twenty (20) years as thei improvements. proposed int the draft water and sewer line extension agreement. Please let me know your thoughts. Sincerely, Mark From: nadmineclyotbanocon citvyadmin@cityolblanco.com> Sent: Monday, November 1, 20213:34PM To: marsparrowpctesc.net Cc: pecectygtpanco.com Subject: RE: Public Information Request Good. Afternoon Mr. Sparrow: Respectfully, Kelly Kelly Kuenstier, MPA Blanco City Administrator (Interim) P.O. Box 750 Blanco, TX 78606 (830)833-4525 Ihave cc'd our City Secretary so that she can assist you with this open records request. Please do notl hit reply to all in order to avoid a potential Open Meetings Violation. Thank you! From: marsparrowectescnet marsPATowPdtEene Sent: Monday, November 1, 20213:22PM To: hacmnPctobantocon Subject: FW: Public Information Request Kelly, linadvertently sent the email to wrong address for you. Ithink when! Is started typing cityi it filled in adm instead of admin. Best, Mark From: marsparowectescnet maispaTowPdtEcne Sent: Monday, November: 1,20213:17PM To:' dbpetedyebanco.com: magPsibolancocn Cc:' cityadm@cityotblanco.com clyadm@cityotblanco.com> Subject: Public Information Request City! Secretary, City of Blanco, Recently, went on line and tried to locate thet following on the City's website: Ordinance No. 14 2019-005, and City Council minutes from. July 09, 2019. During my search, Icould not locate either of the above. Accordingly, Ikindly request copies of ordinance no. 2019-005 and the minutes from the July gth City Council meeting. would. greatly appreciate iti if you would email the copies to my email address below. Please contact me ify you have any questions. Thanking you in advance, Mark Sparrow Sparrow Real Estate Services, Inc. M:210.722.9211 marsparrowectescnet WATER AND SEWERI LINE EXTENSION AGREEMENT This Water and Sewer Line Extension Agreement ("Agreement") is between the City of Blanco, Texas, an incorporated Type A, general-law municipality (the "City"), and Six Wheeler Investments, L.L.C., a' Texas limited liability company ("Developer"). Ini this Agreement, the City and Developer are sometimes individually referred to as a' "Party" and collectively referred to as the "Parties". RECITALS: WHEREAS, Developer intends to develop approximately 40.21 acres ofland (the "Land") located within the City, which Land is depicted on the survey map attached as Exhibit A, for commercial uses in ai manner that will provide benefits to the landowners as well as other residents oft the City (the "Project); and WHEREAS, Developer has requested the City provide water and wastewater service to serve the Land and the City has agreed to provide water and wastewater service in accordance with thei terms ofthis Agreement; and WHEREAS, Developer has constructed water line and sewer line extensions from the City's existing facilities to the Land and will convey such facilities to the City in accordance with the terms oft this Agreement; NOW,THEREFORE, in consideration oft the mutual covenants set forth in this Agreement, the Parties agree as: follows: AGREEMENT ARTICLBIDEFINITIONS 1.1 "City System" means the City Water System and the City Wastewater System. 1.2 "City Wastewater System" means the wastewater collection and treatment system owned 1.3 "City Water System" means the water production and distribution system owned and 1.4 "Project Costs" means all costs incurred by Developer to design and construct the Project Facilities, including Water Extension Costs (as defined herein) and Sewer Extension Costs (as 1.5 "Project Facilities". means the Water] Linel Extension (as defined herein) and the SewerLine Extension (as defined herein) and related facilities constructed by Developer for the Land to and operated by the City. operated by the City. defined herein). 1 receive water service and wastewater service from the City System, including water and 1.6 "Plansand Specifications" means thej plans and specifications: fori the Water Line Extension and Sewer Line Extension, attached hereto as Exhibit B, which havel been approved by the City. 1.7 "Ultimate Consumer" means aj person or legal entity that owns or leases any portion ofthe Land and receives water and wastewater services from the City System through the Project 1.8 "Impact Fees" means a one-time payment made to the City by a developer of a new development to pay for the cost of construction or expansion of water and sewer facilities located outside the boundaries of the new development and that are needed by new development and its 1.9 "Maintenance Bond" means a bond guaranteed by a surety in an amount not less than $20,000: for aj period ofr not. less than twenty (20) years, which shall protect against design defects, workmanship faults and other resulting problems related to the Project Facilities, naming the City 1.10 Plat" means the official plat of the "Land" and any subdivisions thereof, which shall be wastewater taps, but not including internal private service lines. Facilities. impact on the surrounding community. ofl Blanco as the beneficiary ofthe bond. adopted and incorporated as an exhibit to this Agreement. ARTICLEII CONSTRUCTION, FINANCING, OWNERSHIP AND OPERATION 2.1 Project Construction. Developer has constructed a water line extension, from the City's existing water line to the Land, in accordance with the Plans and Specifications (the "Water Line Extension"): and: shall pay for all costsofconstruction ofthe WaterLine! Extension, including costs for engineering, material, labor, testing ("Water Extension Costs") and a Maintenance Bond. Developer has constructed a sewer main extension, from the City's existing sewer main to the Land, in accordance with the Plans and Specifications (the "SewerLine! Extension") and shall pay for all costs ofconstruction ofthe Sewerl Linel Extension, including costs for engineering, material, labor, testing ("Sewer Extension Costs")and said Maintenance Bond. This Agreement shall notl be construed as an obligation of Developer to construct any other expansion oft the City System. The Water Line Extension and Sewer Line Extension have been constructed by Developer. After an approved inspection of the water and sewer lines by the City of] Blanco, the City agrees to service 2.2 Retail Utility Service. The Parties acknowledge that the City has the exclusive right to provide retail water and wastewater services to the Land. Users of water and wastewater within the Land will be customers oft the City and such users will receive water and sewer service in the same manner, and pay the same water and sewer: rates, as other City customers located within the the water and sewer lines with city existing service. City. Developer shall 2 install water and wastewater taps in accordance with City standards, as part ofi its construction obligations, but the City shall install all meters. The City shall be responsible for connecting and initiating service to Ultimate Consumers and billing such users for water and wastewater service. 2.3 Ownership, Operation and Maintenance. When the City has completed its inspection of such Water Line Extension and Sewer Line Extension, provided such Water Line Extension and SewerLine Extension: meet applicablei requirements: for acceptance, the City will accept the Project Facilities, including the Water Line Extension and Sewer Line Extension, and service shall be provided on the condition that the Developer purchases a Maintenance bond in the amount of $20,000, for aj period oftwenty (20) years, related to the Project Facilities, naming City ofBlanco as the beneficiary of said bond. Upon the expiration of the Maintenance Bond, the City shall assume all maintenance obligations for the Project Facilities, and Developer shall have no further obligations with respect to the Project Facilities; including the Water Line Extension and Sewer 2.4 Title to Water and Wastewater. The City shall own all water supplied through the City System and Project Facilities and all wastewater collected fromi thel Project Facilities until thej point Line Extension. oftransfer to the customer at the meter. ARTICLE II GENERAL PROVISIONS 3.1 Term. The term of this Agreement will commence on the date the last Party executes this Agreement and continue until the Maintenance Bond Expires. Following expiration oft the term of this Agreement, thel Land will continuet to receive water and sewer: service from the City under the 3.2 Assignment & Binding Effect. Developer may assign its rights under this Agreement, in whole or inj part, to any successor in title to the Land with the City's advance written consent. In such event, Developer shall deliver written notice of such assignment to the City. The provisions of this Agreement will be binding upon and inure to the benefit of the Parties and their respective 3.3 Governing) Law, Jurisdiction & Venue. This Agreement shalll be govered by and construed ina accordance with the laws oft the State ofTexas. The Parties acknowledge that this Agreement: is performable in Blanco County, Texas, and hereby submit to the jurisdiction of the courts of that County, and! hereby agree that any such Court shall be aj proper forum for the determination of any 3.4 Severability. Ifany provision ofthis Agreement: is found by a competent court to bei illegal, invalid, or unenforceable under present or future laws, then, and in that event, iti is the intention of the Parties that the remainder oft this Agreement, including the remainder of a provision only part same terms and conditions as other users within the City's corporate limits. successors and assigns. dispute arising hereunder. ofwhich is invalid, shall not be affected. 3 3.5 No Third-Party Beneficiary. This Agreement is not intended, nor will it be construed, to create any third-party beneficiary rights in any person or entity whoi is not al Party, unless expressly 3.6 Default. If a Party defaults in its obligations under this Agreement, another Party must, prior to exercising a remedy available to that Party due to the default, give written notice to the defaulting Party, specifying the nature of the alleged default and the manner in which it can be satisfactorily cured, and extend to the defaulting Party at least thirty (30) days from receipt oft the notice to cure the default. If the nature of the default is such that it cannot reasonably be cured within the thirty (30) day period, the commencement of the cure within the thirty (30) day period and the diligent prosecution ofthe cure to completion will be deemed a cure within the cure period. 3.7 Remedies for Default. Ifal Party defaults under this Agreement and fails to cure the default within the applicable cure period, the non-defaulting Party will have all rights and remedies available under this Agreement or applicable law, including the right to institute legal action to cure any default, to enjoin any threatened or attempted violation of this Agreement or to. enforce the defaulting Party'sobligations under this Agreement by specific performance or writ ofmandamus. All remedies available to al Party will be cumulative and the pursuit of one remedy will not constitute an election of remedies or a waiver of the right to pursue any other available 3.8 Attorneys' Fees. Thej prevailing Party in any dispute under this Agreement will be entitled to recover from the non-prevailing Party its reasonable attorneys' fees, expenses, and court costs 'in connection with any original action, any appeals, and any post-judgment proceedings. 3.9 Waiver. Any failure by a Party to insist upon strict performance by the other Party of any provision of this Agreement will not, regardless of the length of time during which that failure continues, be deemed a waiver ofthat right. Thel Parties' right toi insist upon strict compliance with all terms of this Agreement remains in effect. In order to be effective as to a Party, any waiver of default under this Agreement: must bei in writing, and a written waiver will only be effective as to the specific default and as to the specific period of time set forth in the written waiver. A written waiver will not constitute a waiver of any subsequent default- or of the right to require performance of the same or any other provision of this Agreement ini the future. 3.10 Entire Agreement. This Agreement contains the entire agreement oft thel Parties, and there are no other agreements or promises, oral or written, between the Parties: regarding the subject matter of this Agreement. This Agreement may be amended only by written agreement signed by the 3.11 Exhibits, Headings. Construction & Counterparts. All exhibits attached to this Agreement are incorporated into and made aj part of this Agreement for all purposes. The paragraph headings e9ntained in this Agreement are for convenience only- and do not enlarge or limit the scope or meaning oft thej paragraphs. Wherever appropriate, words oft the masculine gender may include the feminine or neuter, and the singular may include thej plural, and vice-versa. Each ofthel Parties has been actively and equally involved in the negotiation oft this Agreement. Accordingly, the rule of construction that any ambiguities arei tol bei resolved against the drafting Party will notl be employed otherwise provided. remedy. Parties. 4 3.12 Time. Time is of the essence of this Agreement. In computing the number of days for purposes of this Agreement, all days will be counted, including Saturdays, Sundays, and legal holidays; however, ifthei final day ofany time period falls on a Saturday, Sunday, or legal holiday, then. the final day will be deemed to be the next day tha.t is not a Saturday, Sunday, or legal 3.13 Authority for Execution. The City certifies, represents, and warrants that the execution of this Agreement has been duly authorized and that this Agreement! has been approved in conformity with City ordinances and other applicable legal requirements. Developer certifies, represents, and warrants that the execution oft this Agreement is duly authorized in conformity with its authority. 3.14 Notices. Any notices or approvals under this Agreement must bei in writing may be sent by hand delivery, facsimile (with confirmation of delivery) or certified mail, return receipt requested, to the Parties at the- following addresses or as such addresses may be changed from time to time holiday. by written notice to the other Party: CITY: Original: City Administrator City ofl Blanco P.O. Box 384 Blanco, Texas 78620 Fax:(512)858-5646 DEVELOPER: Original: Six Wheeler Investments, L.L.C. P.O. Box 1618 Blanco, Texas 78606 The Parties may change their mailing address at any time by giving written notice of such change tot the other in the manner provided herein at least ten (10) days prior to the date such change is affected. All notices under this Agreement will be deemed given on the earlier oft the date personal delivery is affected or on the delivery date or attempted delivery date shown on the 3.15 Exhibits. The following exhibits are attached to this Agreement and made aj part hereof return receipt or facsimile confirmation. forall purposes: 5 Exhibit A Map ofLand Exhibit B Plans and Specifications Exhibit DI Plats of Record Exhibit C Utility Conveyance. and Security Agreement IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement on the dates indicated below, to be effective on the date the last party signs. CITY OF BLANCO: By: Name: Date: ATTEST: CITY SECRETARY DEVELOPER: SIX-WHEELER INVESIMENIS,LLC, aTexas limited liability company By: Name: Date: 6 EXHIBIT. A 7 EXHIBITB 8 -10- Exhibit CUtility Conveyance UTILITY CONVEYANCE. AND SECURITY AGREEMENT STATE OF TEXAS $ $ KNOW THESE PRESENTS: ALL PERSONS BY COUNTY OF] BLANCO $ Six Wheeler Investments, L.L.C., a Texas limited liability company (the Developer"), and the City of Blanco Texas, an incorporated Type A general law municipality (the "City"), entered into a Water and Sewer Line Extension Agreement dated October 12, 2021, (the "Agreement"), regarding certain water and sanitary sewer facilities constructed by the Developer to serve the Land, as defined in the Agreement. The Water Line Extension (as defined in the. Agreement) and Sewer Line Extension (as defined in the Agreement): have been constructed; thel Developer wishes too convey suchi facilities to1 the City for ownership, pursuant to thet terms oft the Agreement and this Utility Conveyance and Security Agreement; and the City is willing to accept such conveyance. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer does hereby convey, transfer, and deliver tot the City, its successors and assigns, those certain facilities described as follows: the water line extension constructed in accordance with the Plans and Specifications (as defined in and attached to the: Agreement) and sewer main extension constructed in accordance the Plans and Specitications and related facilities, including water and wastewater taps, but not including internal private service lines (the "Facilities)inluding: but not limited tot that easement recorded int the Official Public Records of] Blanco County, Texas, as File No. The Developer constructed thel Facilities andi is conveying the Facilities tot the City pursuant to the Agreement. Section 2.3 of the Agreement requires that the Project Facilities (as defined therein) The Developer hereby assigns to the City all rights, warranties, if any, owned or acquired by the The City hereby agrees by its acceptance of this conveyance to own and operate the Facilities in be conveyed toi the City for ownership. Developer for the Facilities. accordance with the termsl hereof and the Agreement. 9 SIX WHEELER INVESIMENTS, L.L.C., aTexas limited liability company By: Name: Title: Date: THE STATE OF TEXAS $ COUNTY OF BLANCO $ $ Thisi instrument was acknowledged before me ont the day ofOctober 2021,by of Six Wheeler Investments, LLC, a' Texas limited liability company, on behalf ofs said limited liability company. Notary Public (Notary Seal) In accordance with the Agreement, as defined above, the City hereby accepts this Utility Conveyance and Security Agreement. City of Blanco, Texas By: Name: Title: Date: THE STATE OF TEXAS $ COUNTY OF BLANCO $ S This instrument was acknowledged before me on the day of October 2021, by ofthe City of Blanco, Texas, on behalf of said City. Notary Public (Notary Seal) 10