CITY OF FREDERICKSBURG CITY COUNCIL MEETING

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CITY OF FREDERICKSBURG CITY COUNCIL MEETING
CITY OF FREDERICKSBURG
CITY COUNCIL MEETING
MONDAY. JANUARY 19, 2014 - 6:00 p.m.
Law Enforcement Center - 1601 East Main Street
Gary Neffendorf, Council Member
Bobby Watson, Council Member
Kent Myers, City Manager
Linda Langerhans, Mayor
Graham Pearson , Council Member
Jerry Luckenbach , Council Member
(REQUEST ALL PAGERS AND PHONES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL.)
AGENDA
CALL TO ORDER.
Page Ref
PLEDGE OF ALLEGIANCE.
1.
2.
PUBLIC HEARINGS
A PUBLIC HEARING (Z-1415) To rezone approximately 7.3 acres of land from R-1
Single Family Residential to C-2 Commercial and R-3 Multi-Family Residential
ORDINANCES - RESOLUTIONS - ACTION ITEMS
A Consider Resolution for Justice Assistance Grant
3.
1-8
INDIVIDUAL ITEMS FOR CONSIDERATION AND POSSIBLE ACTION
A Presentation and Discussion on Skate Park.
B. Receive and Consider Annual EDC Report.
C. Consider Presentation by 2015 Leadership Gillespie County - Frantzen Park
Improvements
D. Consider 2015 City Manager Performance Goals
E. Consider Admiral Nimitz Foundation Request - Conveyance of a Portion of Austin St.
F. Receive Requests for 2015 Hotel Occupancy Tax Funds:
1. Hill Country Film Festival
2. Hill Country Antique Tractor & Engine Club
3. Hill Country Run Motorcycle Rally
4 . Oktoberfest
5. Fredericksburg Music Club
6. Canto Chamber Choir
7. Fredericksburg SHINES
8. Fredericksburg Farmers Market
9. Ft Martin Scott
10. Fredericksburg Theater Company
11. Boys & Girls Club of the Texas Hill Country
12. Admiral Nimitz Foundation
13. Admiral Nimitz Foundation
14. Arion Mannerchor
15. 4th of July Parade and Programs
16. Friends of Gillespie County Country Schools
17. Friends of Head Start
18. Gillespie County Fair & Festivals Association
9-26
27-40
41
42-54
55-56
57-69
Packet
City Council Agenda
January 19, 2015
Page 2
19. Fredericksburg Chorale
20. Fredericksburg Art Guild
21 . Gillespie County Historical Society
22. Eisbahn/Heritage School
23. Texas Society for the Preservation of St. Joseph's Halle
24. Fredericksburg Chamber of Commerce - Light the Night Christmas Parade and AfterGlow
25. Die Kunstler von Fredericksburg
26. Friends of Fredericksburg Nature Center - Wings Over the Hills Nature Festival
27. Fredericksburg Jaycees Crawfish Festival
28. Fredericksburg Jaycees Truck and Tractor Pull
29. SystemsGO
4.
CITY MANAGER'S REPORT
A. January 22 City Council Retreat
B. Old Fair Park Area Master Plan
C. Health Insurance Update
D. Proposed Apartment Development
E. Management Intern
F. Web Cam at Market Square
G. City Employee Recognitions
5.
ITEMS FOR FUTURE AGENDAS
6.
PUBLIC COMMENTS - This time is for citizens to address the C ity Council on issues and
items of concern not on this agenda . There will be no City Council action at this time.
7.
COUNCIL COMMENTS - No discussion or action may take place.
8.
EXECUTIVE SESSION - Council reserves the right to adjourn into executive session at any
time during the course of this meeting to discuss any of the matters listed above, as authorized
by Texas Government Code Sections 551 .071 (Consultation with Attorney), 551 .072
(Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074
(Personnel Matters), 551 .076 (Deliberations about Security Devices) and 551 .086 (Economic
Development).
A. Executive Session - Consider Transfer of Property from Gillespie County
9.
ADJOURN
CITY COUNCIL MEMO
DATE: January 12, 2015
TO: Mayor and City Council
FROM: Brian Jordan, AICP
SUBJECT: Rezone approximately 7.3 acres of land from R-1 Single Family Residential to C-2
Commercial and R-3 Multi-Family Residential. (Z-1415).
Summary:
The applicant is proposing to rezone approximately 7.3 acres of land from R-1 Single Family
Residential to C-2 Commercial fronting N. Llano Street and R-3 Multi-Family Residential fronting on N.
Adams Street. The property is currently undeveloped and is bordered by a bank and church to the
east, the elementary school to the north, a cemetery to the south and undeveloped land to the west.
The owners intend to develop apartments on the property in the future.
Recommendation :
The Planning and Zoning Commission voted unanimously to recommend approval of the rezoning.
Staff concurs with the Commission's recommendation of approval. Since the owners will not be
available to attend the Council Meeting on January 191h , they have requested that action on this item
be considered at the February 2 meeting.
The City of Fredericksburg
126 W. Main St. • Fredericksburg, Texas 78624-3708 • (830) 997-7521 • Fax (830) 997-1861
Background I Analysis:
See attached Zoning Brief for request Z-1415
0
The City of Fredericksburg
126 W. Main St.• Fredericksburg, Texas 78624-3708 • (830) 997-7521 • Fax (830) 997-1861
ZONING CHANGE BRIEF
Rezoning Request # Z-1415
OWNER/APPLICANT:
MacDonald and Associates, Inc.
LOCATION:
N. Llano Street, west of American Bank of Texas (See
attached map).
SIZE:
Approximately 7.3 acres.
EXISTING ZONING:
R-1, Single Family Residential
PROPOSED ZONING:
C-2 Commercial on portion fronting on N. Llano Street and
R-3 Multi-Family Residential on portion fronting on N.
Adams Street
FINDINGS:
•
•
•
•
•
The property is made up of two tracts extending from N. Llano Street to N.
Adams Street, and are currently undeveloped.
The properties were rezoned in the same manner being requested at this time in
2003, and subsequently rezoned back at the request of the property owners. The
accompanying map shows these properties.
Utilities are currently available to serve the properties.
The property adjoining the subject property to the north and south is zoned C-2
along N. Llano Street and R-2 Multi-family Residential on N. Adams Street. The
zoning on the adjoining property is identical to what is being requested.
The Land Use Plan identifies the property fronting on N. Llano Street as Mixed
Use Corridor and the area fronting N. Adams Street as Medium Density
Residential.
LAND USE PLAN: The Mixed Use designation represents an effort to change the
typical pattern of strips of underperforming commercial development that often line
highways and arterials. Rather than limiting the properties along major entry corridors to
commercial uses, this category offers a variety of higher density residential and mixed
use opportunities. The policy of allowing a mix of uses along major roadways supports a
change in development from a pattern of older commercial structures to new projects
with a variety of uses, including mixed use within an individual project or building. In
the process, it reduces the excess commercial capacity along these corridors and creates
locations for more affordable housing.
The Medium Density Residential category includes single family detached dwellings on
smaller lots and attached dwelling units, such as duplex and townhomes. Medium
density land uses often provide housing for "empty Nesters" who may not want the
maintenance of a large-lot single-family home, and for young families who may find a
townhome or duplex more affordable than a single-family home. They play an important
role in providing workforce housing as well. These residential uses can provide a buffer
between lower density residential areas and more intensive residential, non-residential or
mixed use areas.
ZONING: The proposed zoning will roughly split these tracts in half, with the half
fronting on N. Llano Street being C-2 Commercial and the half fronting on N. Adams
being R-3, Multi-family residential. This proposed zoning configuration would be
consistent and essentially identical to the existing zoning to the north and south (see the
attached zoning map).
OPPOSITION/SUPPORT OF REQUEST:
regarding this request.
We have not received any comments
PLANNING AND ZONING COMMISSION RECOMMENDATION: The proposed
zoning is consistent with the land use and zoning pattern on the adjoining properties. The
Commission voted unanimously to recommend approval of this request.
STAFF RECOMMENDATION:
recommendation to approve this request.
Staff
concurs
with
the
Commission's
DocuSign Envelope ID: E8081 7F9·F4CE-4295·BBB4-7B6B91E8452F
~~©~OW~~
~
LAND USE ZONING
M
~
OEC 0 2 1014
~
APPLICATION FOR RE..zONJNGK $200.00
APPLICATION IS HEREBY MADE TO THE CITY COUNCii. AND THE PLANNING AND ZONING COMMISSION TO AMEND THE ZONING
ORDINANCE AND THE ZONING DISTRICT MAP Of THE CITY OF FREO!!H.ICl<SBURG AS HEREINl\l'TER SET FORTH
MacDonald and Associates, Inc.
2951 Fall Creek Road, ICerrvJlle, TX 78028
1.
APPLICANT:
2.
AooRess:
PHONE NUMBER: (830) 257~5323
f'AX NUMBER: (830) 257-3168
[email protected](lonald-companies.con:1:..------~-----
3.
APPLIOANf EMAIL ADDRESS:
4.
OWNER (IF DIFfERENT FROM APPLICANT)
6.
AOPRl!SS:
6.
PHONE NUMBl:R:
7.
OWNER 11MAIL ADDRESS; JJJ,ik~~rks
a.
OESCRIPTION OF PROPF.RTY INVOLVED IN THIS REQUEST:
ADDRESS:
&Cf( /lsvi!j C-.tTJitNZ- IJq~ Ckcb-Af/db: (j~( ~~
c(o ;f{ll.~5-l~rk5 / 1/6 ~- Abs-I•" Q., F~r1c;~6"'J' 75<
'ft0-"670't
FAX NUMBER:
(f!.JJ1i/-:e:~lkr/:.5, Cdlh
·-
.
Come!' of Llano Hwy. and Lower Crnbnpplc Road - I
LEGAL Dl:!SCRIPTION:
LAl'">;t,1..
(Jr /_olV(!,/" Crv.. ~{/k
Tracts 3 an<l 4AR, Nagel Subdivision
7.3 acres
0.
10.
C2 (front) and
ZONING
R3(rear)
JUSTIFICATION FOR REQUEST: The proposed 2one change would be consistent wlth the 20ning on either
ZONING CHANGE REQUESTED FROM
DISTRICT
Rl
ZONING DISTRICTTO
side of this property, and with the Future Land Use mw.
11.
ARE THERE ANY OE!!O RESTRICTIONS WHICH WOULO PREVENT THIS PROPERTY FROM BEING USED IN THE MANNEH
HEREIN PROPOS!:D?__,N'-'-"'-o_ _ _ __ _ _ __ __ __
12.
EXISTING IMPROVC:MENTS ON PROPERTY: II Uu:ro aro any slluctures on lho properly, allach a plot p!t1n, drawn to seutle (to nt on an
11 x 17' paper, ff posslllle) shov.ing the loo;iUon ond size of all existing s!Nclures Md their dlslence from !he lot lines, plus propo~od ·
developmenl pl;tn$ II any.
13.
CONFORMANQE WITH LAND USE PLAN:
Xi YES
0
NO
An applloatlon for re-zontoo wlll not be ecceple<l uoloss 01e roquosled zoning clats!RcaHon conforms to the Comprehonslva Land Use
Pion. An appUcanl may OJlplyfor a change to U1e Comprehonslve Lend I.Isa Plan, Im oppllcant may iip11ly for 'l change In lhe
comprehensive l.<Jnd Uso Plan C(lncurrenll}' w!U1 a ro-zonlng epplloaUon • However, !ho Plonnlng & Zont119 Commission end the Clly ·
Council shall oonslder ond make Its recommendaUon or doclslon on the Comprehonslve Land Use Plan chat190 prior to the re-zoning.
/fl/A
APPLICATION FOi? LAND USE PLAN CHANGE.$200.00
APPLICATION IS HEREBY MADE TO 11-IE CITY COUNCIL ANO THE PLANNING & ZONING COMMISSION TO AMEND THE LAND USE PLAN
MAP OF THE CITY OF ~REOERICl<SBURG AS HEREIN SET FORTH:
14.
CHANGE REQUESTED FROM:
USE TO
16.
.-.
.-
LAND
/
LAND USE.
SIGN/l.TUREOFAPPLICANT:'77'~=-~~~;,..L----------------------~
No Ce: Iftho epp/fcen/ Is not I/re /090! owner oflhe propsrty, A slgrrod s/IJ/smsnt by Ille ownor //1at /he oppllcsn/ fl> the a111/1orized agent of
/hQ Ql'lnor of the property, or~/ f/8i!ll~J.g~wl/!•& ovtnsr Is requlrod:
SIGNAl'UR!: OF OWNF.R: _
7/41.rr 'S ..a~
19CC6865Cl32468_
_
Am,,., .~
·
DocuSign Envelope ID: E80817F9-F4CE-4295-BBB4-786B91E8452F
DATE:_ _ _ _ _ _ _ _ __
ft:E PAID:._ _ _ _ __ _ __
~a-2onlng
o Lond Uso Plan Chonga
TITLE SEARCH:..,__ _,__ _ _ _,....
Nole: A cuuenl lltle search must be svbmflled \'.ith lhti oppllcaU011
16.
CONSENr OF LIEN HOLOEH: Note: If this propo1ly Is e11cumbercd by I.Ion, consonl of /lie Uon holder Is roqulred.
SIGNATURE OF LIEN HOLDER:,_
17.
__.;y'-+0-'-~-'------------------------
LIS'( OF PROPERTY OWNERS WITHIN 200 l'T. (Provided by Clly)
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1/2 inch dia. iron rod
found
:J/ 8 inch dia. iron rod found,
unless noted othenrise
electric meter pod
Verizon riser box
Time Womer riser box
gas meter
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water valve
0
air conditioning unit
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sewer manhole
cu, utility pole
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ry direction and supervision.
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16
HATCH
LEGEND
Proposed R-J
Zoning
~
Proposed C-2
Zoning
lfll!l!Jj
Dec. 12, 2014
Allen
0;1e
SuftlJmeier
Registered Pro~essional La nd
Surveyor
No. 45 42 - Sta te of Texas
SULTEMEIER
SURVEYING & ENGINEERING
Boundory- Title- Topogrophic-Construction Surveys
Engineering - Land Development Services
805 North Uono Street
Fredericksburg, Texas 78624
(830) 990-1221
Fox (830) 990-1222
Copyright © 2014 All Rights Reserved
sultemeiel"9urveylng.com
LICENSED SURVEYING FIRM: 100930· 00
A SCHEMA TIC SHOWING
PROPOSED ZONING CHANGES TO
TRACTS 3 & 4AR IN THE NAGEL
SUBDIVISION;
GILLLESPIE COUNTY, TEXAS.
(
ring
Uv
\Y'.::
......!--
PUD - Planned Unit
Developme~
R1 - Single Family Residential
R2 - Mixed Residential
R3 - Multi-Family Residential
R4 - Manufactured Home Residential
~
R5 - Patio Home Residential
N
A
CITY COUNCIL MEMO
DATE:
January 7, 2015
TO:
Mayor and City Council
FROM:
Steven Wetz, Chief of Police
SUBJECT:
Resolution for Justice Assistance Grant
Summary:
The Police Department is applying for funding through the Edward Byrne
Memorial Justice Assistance Grant through the Alamo Area Council of
Government. The grant would allow the Police Department to purchase two (2)
portable information sign boards that can be used to provide drivers with road
condition warnings .
Analysis:
The requested grant amount is for $32,850 which would purchase two (2)
information sign boards. The grant is for the total cost and would require no
matching funds. The sign boards would be utilized to help reroute traffic during
major incidents and to provide information of road conditions to motorist
passing through our community. The equipment would be purchased from All
Traffic Solutions, unless an alternative company can be found .
Recommendation :
The Police Department recommends that the resolution be signed and the
police department be allowed to apply for the grant to purchase this
equipment.
Agency Name: City of Fredericksburg
Grant/App: 2856601 Start Date: 10/1/2015 End Date: 3/31/2016
Project Title: Portable Variable Traffic Message Signs
Status: Application Pending Submission
Eligibility Information
Your organization's Texas Payee/Taxpayer ID Number:
746000874
Application Eligibility Certify:
Created on:12/ 17/ 2014 3:17:50 PM By:Braxton Roemer
Profile Information
Applicant Agency Name: City of Fredericksburg
Project Title: Portable Variable Traffic Message Signs
Division or Unit to Administer the Project: Police Department
Address Line 1: 126 West Main Street
Address Line 2:
City/State/Zip: Fredericksburg Texas 78624Start Date: 10/ 1/ 2015
End Date: 3/31/2016
Regional Council of Goverments(COG) within the Project's Impact Area: Alamo Area Council of
Governments
Headquarter County: Gillespie
Counties within Project's Impact Area :
Grant Officials:
Authorized Official
User Name: Steven Wetz
Email: swet:[email protected]
Address 1: 1601 Ea st Main
Address 1:
City: Fredericksburg, Texas 78624
Phone: 830-997-7585 Other Phone :
Fax:
Title: Mr.
Salutation: Chief
Project pjrector
User Name: Braxton Roemer
Email: [email protected]
Address 1: 1601 Ea st Main Street
Address 1:
City: Fredericksburg, Texas 78624
Phone: 830-997 -7585 Other Phone: 830-889- 5860
Fax: 830-997-9541
Title: Mr.
Salutation: Lieutenant
Financial Official
User Name: Laura Hollenbeak
Email: [email protected]
Address 1: 126 W Main St
Address 1 :
City: Fredericksburg, Texas 78624
Phone: 830-997- 7521 Other Phone: 830-990-2015
Fax : 830-990-2048
Title: Ms.
Salutation: Constable
Grant Wrjter
User Name: Braxton Roemer
Email: [email protected]
Address 1: 1601 Ea st Main Street
Address 1:
City: Fredericksburg, Texas 78624
Phone: 830-997-7585 Other Phone: 830-889-5860
Fax: 830-997-9541
Title: Mr.
Salutation: Lieutenant
Grant Vendor Information
Organization Type: Unit of Local Government (City, Town, or Village)
Organization Option: applying to provide services to all others
Applicant Agency's State Payee Identification Number (e.g., Federal Employer's Identification (FEI)
Number or Vendor ID): 746000874
Data Universal Numbering System (DUNS):
Narrative Information
Primary Mission and Purpose
The purpose of the Edward Byrne Justice Assistance Formula Grant (JAG) Program is to prevent and control crime
and make improvements to the criminal justice system.
Funding Levels
The anticipated fund ing levels for the JAG program are as follows:
• Minimum Award - $10,000
• Maximum Award - None
• Match Required - None
For more information regarding grantee match, please click on the Budget tab, and then click on the Source of
Match tab in eGrants.
Note: If you voluntarily include matching funds that exceed the minimum match requirement, you will be held to
that amount throughout the grant period.
Program Requirements
Purpose Areas
Applicant assures that its proposed project meets at least one of the following Purpose Areas to be eligible for
funding:
Law Enforcement - Supports state and local law enforcement agencies that address violent crime or statistically
supported major crime initiatives at the local level.
Prosecution and Court - Programs that improve the prosecution of serious and violent crimes, including those that
reduce the time from arrest to disposition.
Technology - Programs that implement or expand a law enforcement agency's ability to report and analyze cr ime.
Applicant assures that any criminal intelligence databases developed under this program will comply with 28 CFR
Part 23.
Corrections and Community Corrections - Programs that reintegrate adults and juveniles into the community.
Drug Treatment - Programs that target substance abuse treatment for juveniles or adults who have been court
ordered to participate, including drug courts and projects that serve as alternat ives to incarceration.
Priorities
@
Crime Data - Enhancements to records management systems to allow law enforcement agencies to report crime
data to the Texas Department of Public Safety in the National Incident Based Numbering System (NIBRS) format or
to the Texas Data Exchange System (TDEx).
Mental Health - Specialized training to increase the number of mental health officers and the ability of law
enforcement to work with individuals diagnosed with mental illness.
Trafficking - Projects that disrupt drug and human trafficking including areas along and near major state corridors.
System Improvements - Projects that promote efficiency, accuracy and credibility of law enforcement agencies and
prosecutors.
Innovative or Evidence Based Programs - Projects that reduce crime and violence in areas with high crime rates or
organized criminal activity.
Select the one priority that represents the primary focu s of your project:
Crime Data
Mental Health
_ Trafficking
X. System Improvements
_ I nnovative or Evidence Based Programs
_ N/A
Describe how the project supports the selected priority( ies):
Note: Purchasing equipment does not meet a priority unless you can clearly state how the purchase has a direct
link to the priority. For example, purchasing laptops for patrol cars does not relate to updating records
management systems to generate NIBRS data to DPS since the changes involve software not hardware.
Portable Variable Traffic Message Sign Boards will assist law enforcement in managing traffic by providing motorists
with timely, accurate information relating to re-routing, closures, and/or hazards in emergency and non-emergency
situations, both within Gillespie County and contiguous counties. It is efficient because motorists can read pertinent
information, which will save time and man-power since motorists will receive necessary information from a created
message rather than directly from an officer. It will be used during major long term accident investigations, special
events, at crime scenes requiring detouring of traffic, severe weather, and for the reduction of speed in high traffic
areas.
Program Income
Applicant agrees to comply with all federal and state rules and regulations for program income and agrees to report
all program income that is generated as a result of the project's activities. Applicant agrees to report program
income to CJD through a formal grant adjustment and to secure CJD approval prior to use of the program income.
Applicant agrees to use program income for allowable costs and agrees to expend program income immediately
after CJD's approval of a grant adjustment and prior to requesting reimbursement of CJD funds.
Deduction Method - Program income shall be deducted from total allowable costs to determine the net allowable
costs. Program income shall be used for current costs unless CJD authorizes otherwise. Program income which the
grantee did not anticipate at the time of the award shall be used to reduce the CJD award and grantee match
rather than to increase the funds committed to the project.
Note: Program income must be spent on project expenses before expending OOG grant funds. Program income is
subject to the same statutes, rules, regulations, and guidelines applicable to the use of the DOG-funded portion of
the grant.
Asset Seizures and Forfeitures - Program income from asset seizures and forfeitures is considered earned when the
property has been adjudicated to the benefit of the plaintiff (e.g., law enforcement entity).
Uniform Cri me Reporting
Applicant assures that if it operates a law enforcement agency, the agency is current and has been current in
reporting required Part I violent crime data for the three previous years to the Texas Department of Public Safety,
and will continue timely reporting of required crime data throughout the grant period.
Criminal History Reporting
Entities receiving funds from CJD must be located in a county that has an average of 90% or above on both adult
and juvenile dispositions entered into the computerized criminal history database maintained by the Texas
Department of Public Safety (DPS) as directed in the Texas Code of Criminal Procedure, Chapter 60. The
disposition completeness percentage is defined as the percentage of arrest charges a county reports to DPS for
which a disposition has been subsequently reported and entered into the computerized criminal history system.
Constitutional Compliance
Applicant assures that it will not engage in any activity that violates Constitutional Jaw including profiling based
upon race.
Information Systems
Applicant assures that any new criminal justice information systems will comply with data sharing standards for the
Global Justice XML Data Model and the National Information Exchange Model.
Bulletproof Vests
Applicant assures that if it plans to purchase body armor with grant funds, that it has adopted a mandatory wear
policy.
.Justice Assistance Grants to Local Units of Gov't
Did your agency receive a JAG grant from the Bureau of Justice Assistance (not CJD) in the current or previous
fiscal year?
Yes
K. No
If you selected Yes above, describe how those funds have been or plan to be used.
Civil Rights Liaison
A civil rights liaison who will serve as the grantee's civil rights point of contact and who will be responsible for
ensuring that the grantee meets all applicable civil rights requirements must be designated. The designee will act
as the grantee's liaison in civil rights matters with CJD and with the federal Office of Justice Programs.
Enter the Name of the Civil Rights Liaison:
Pat McGowan, City of Fredericksburg City Attorney
Enter the Address for the Civil Rights Liaison:
114 East Austin Street, Fredericksburg, Texas 78624
Enter the Phone Number for the Civil Rights Liaison [(999) 999-9999 x9999]:
830-997-4315
Certification
Each applicant agency will certify to the specific criteria detailed above under Program Requirements to be
eligible for funding under the Justice Assistance Grant (JAG) Program Solicitation.
K.
I certify to
i!l1. of the above eligibility requirements.
Problem Statement:
Please provide a detailed account in the Problem Statement section of the existing issues your project will target.
Enter your problem statement:
Fredericksburg has two U.S. Highways and one State Highway that converge in the downtown Fredericksburg area.
Fredericksburg is also a tourist destination that frequently sees over a million visitors annually. The City of
Fredericksburg is in need of portable variable traffic message sign boards to alert traffic and give motorists
information regarding road closures due to special events, severe weather, or other situations where motorists
must be notified of pertinent information to improve roadway safety. Currently, there is no viable means of
notification for motorists and visitors.
Supporting Data:
Provide as much supporting data, to include baseline statistics and the sources of your data, which are pertinent to
where the grant project is located and/or targeted. Do not use statewide data for a local problem or national data
for a statewide problem.
Enter your supporting data:
Portable Variable Traffic Message Signs are electronic signs that can be programmed with custom or preprogrammed messages. The sign boards are affixed to a trailer with a solar panel for use that require a longer
periods of time. The sign boards can also be removed from the trailer and affixed to a pole with a battery back
included with the sign board for quick portability for short term use. Fredericksburg is located in the Hill Country of
Texas with a population of 10,530 (according to the 2010 US Census) and encompasses 6.64 square miles. It is the
county seat of Gillespie County with a population of 24,837 in 1,058 square miles. A major part of Fredericksburg's
economy is tourism to the downtown area for the various antique shops and other business, museums, and wine
tours. According to the Fredericksburg Visitor's Bureau, they estimate that Fredericksburg receives approximately
1.5 million visitors a year. Fredericksburg also has several major highways running through it to include, US Hwy
290, US Hwy 87, and State Hwy 16, and all three converge in the downtown area of Fredericksburg. Due to the
terrain in the Hill Country, areas in the City and County are subject to flooding, which require barricades to prevent
motorists from entering flooded areas. During freezing weather, some roads become impassable due to ice and
must be closed. During severe weather, portable sign boards will be used to make motorists aware of hazards they
may encounter as well as road closures wit h alterna te routes. A 2012 Traffic count from the Texas Department of
Transportation resulted in 13,700 vehicles counted in Downtown Fredericksburg (US Hwy 290) in a 24 hour period
( weekday). As mentioned above, Fredericksburg is a tourist destination that sees an unusually high amount of
traffic particularly on weekends. The City hosts a number of events to support this trade. Fredericksburg has three
parades a year that take place in the downtown area, which requires traffic to be routed off of US Hwy 290 for 7 to
8 blocks. Variable message sign boards will be used to direct traffic to Alternate routes. Fredericksburg also has
special events, such as Oktoberfest, which is a three day event that requires road closures as well for the weekend.
According to the event planner, Deborah Lynn Farquhar Inc, Oktoberfest alone had approximately 21,000 visitors
excluding vendors and staff (based on sales at the gate). Additionally, the police department assists with traffic for
a number of 5k/10k races and a 100 mile Gran Fondo bicycle race that takes place in Fredericksburg and Gillespie
County annually. Variable message sign boards will alert motorists of runners and bicyclists to help prevent
pedestrian/cyclist collisions. Also, tourist extend their visit to areas throughout the City and County to include:
State Parks, Luckenbach, Wineries, Trade Shows, and Nat ure Acitivities. The requested sign boards will greatly
increase our ability to communicate with visitors as they move about the County. Further more, sign boards will be
used for crime scenes, fire scenes, and major accidents where traffic will be detoured for longer periods of time to
facilitate the movement of traffic around the affected area. Lastly, each sign board is equipped with radar, which
will be used to notify motorists of their speed, which can further reduce accidents.
Community Plan:
For projects that have a local or regional impact target area, provide information regarding the community plan
need(s) that your project will/ address.
Enter your community planning needs:
The 2014 Gillespie County Criminal Justice Plan identifies three areas for Law Enforcement. The number one
priority was interoperability communications systems, which was funded by the City. The third priority identified
lack of portable signage to direct/manage traffic in emergency or non-routine situations. The response is to
purchase programmable mobile sign trailers that can be positioned in different areas when needed to notify drivers
of severe road conditions and or information as to alternate routes of travel. The Portable Variable Message Traffic
Sign requested will resolve this problem.
Goal Statement:
Provide a brief description of the overall goals and objectives for this project.
Enter a description for the overall goals and objectives:
The goal of the Portable Variable Traffic Message Sign Boards is to reduce traffic collisions and improve safety by
providing motorists with timely information about road conditions and closures during emergency and nonemergency situations.
Cooperative Working Agreement (CWA):
When a grantee intends to carry out a grant project through cooperating or participating with one or more outside
organizations, the grantee must obtain authorized approval signatures on the cooperative working agreement
(CWA) from each participating organization. Grantees must maintain on file a signed copy of all cooperative
working agreements, and they must submit to CJD a list of each participating organization and a description of the
purpose of each CWA . Cooperative working agreements do not involve an exchange of funds.
For this project, provide the name of the participating organization(s) and a brief description of the purpose(s) for
the CWA(s) . You should only provide information here that this project's successful operation is contingent on for
the named service or participation from the outside organization.
Note: A Sample CWA is available here for your convenience.
Enter your cooperating working agreement(s):
Continuation Projects:
For continuation projects only, if your current or previous year's project is NOT on schedule in accomplishing the
stated objectives, briefly describe the major obstacles preventing your organization from successfully reaching the
project objectives as stated within your previous grant application. (Data may be calculated on a pro-rated basis
depending on how Jong the current or previous year's project has been operating.)
Enter your current grant's progress:
Project Summary:
Briefly summarize the entire application, including the project's problem statement, supporting data, goal, target
group, activities, and objectives. Be sure that the summary is easy to understand by a person not familiar with
your project and that you are confident and comfortable with the information if it were to be released under a
public information request.
Enter your summary statement for this project:
The City of Fredericksburg is in need of Portable Variable Traffic Message Sign boards to alert motorists of road
closures, special events, and other emergency situations occurring in the City of Fredericksburg and County of
Gillespie as noted as one of the priorities of the 2014 Gillespie County Cr iminal Justice Community Plan. Due to
Fredericksburg's tourist industry and the fact that three major highways converge in downtown Fredericksburg, the
City often receives an unusually high amount of traffic, which requires a means for the City to be able to deploy
signage quickly to respond to unusual circumstances. Special events that occur annually in Fredericksburg also
require prompt notification of drivers of alternate routes and/or hazards that may be in the roadway. The goal of
purchasing sign boards is to promote safety by providing timely information in an effort to prevent traffic collisions
by deploying the signs at various locations that require notification.
Project Activities /11formation
Law Enforcement Projects
How many commissioned peace officers are funded through the department or division (e.g., police department,
sheriff's office, constable precinct) within your organization that will benefit from grant funds?
32
How many additional commissioned peace officers are funded by grant funds?
0
Provide the amount of asset forfeitures awarded to your agency in the most recently completed fiscal year.
Federal Forfeitures:
0
State Forfeitures:
8000
Provide the balance of asset forfeitures on hand as of the date of this application.
Federal Forfeitures:
0
State Forfeitures:
8000
Does this application include funding requests for items that are also eligible for funding with state or federal
forfeitures funds?
Yes
)!.No
Prosecution Projects
How many prosecutors are funded through your agency's budget?
0
How many additional prosecutors are funded by grant funds?
0
Provide the amount of asset forfeitures awarded to your agency in the most recently completed fiscal year.
Federal Forfeitures:
0
State Forfeitures:
0
Provide the balance of asset forfeitures on hand as of the date of this application.
Federal Forfeitures:
0
State Forfeitures:
0
Does this application include funding requests for items that are also eligible for funding with state or federal
forfeitures funds?
Yes
K.No
Border Security
Does your organization receive grant funds for Local Border Security from the Texas Department of Public Safety?
Yes
)!.No
As of the date you submit this application, provide the combined balance($) of all years of Local Border Security
funds you have available for spending.
0
Does this application include a request for funds for the same purpose as the DPS Local Border Security Program?
Yes
)!.No
Does your agency receive grant funds under the Operation Stonegarden Program ?
Yes
)!.No
As of the date you submit this application, provide the combined balance ($) of all years of Operation Stonegarden
funds you have available for spending.
0
Does this application include a request for funds for the same purpose as the Operation Stonegarden Program?
Yes
~ No
...
Seecte
I
d Pro1ect A ct1v1t1es:
ACTIVITY PERCENTAGE: DESCRIPTION
Equipment 100.00
The Portable Variable Traffic Message Signs will be used to notify motorist of road
closures, alternate routes, and special events to improve the safety and efficiency of
the movement of traffic in emergency and non-emergency situations. Each sign is also
equipped with radar and will be used to inform motorists of speed limit changes in
areas determined to have frequent speed violations.
Geographic Area:
The Portable Variable Message Sign Boards will be used at any location in the City of Fredericksburg where needed
to includ e locations leading into Gillespie County and contiguous counties where hazards may be located outside
the City Limits.
Target Audience:
I n most situations, the target audience will be any motorist and in some cases pedestrians in the City of
Fredericksburg and those traveling outside the city into Gillespie County.
Gender:
This project will serve both men and women.
Ages:
15 years and up.
Special Characteristics:
This project will address motorists driving in or approaching hazards, road closures, or special events, and
motorists driving in areas determined to have higher than usual speed limit violations.
Measures Information
Progress Reporting Requirements
All programs will be required to report the output and outcome measures for this program to Texas A&M
University, Public Policy Research Institute ( PPRIJ.
Objective Output Measures
OUTPUT MEASURE
CURRENT DATA
TARGET LEVEL
Number of staff with access to equipment purchased with grant funds.
0
32
Number of unit s purchased .
0
2
Custom Objective Output Measures
CUSTOM OUTPUT MEASURE
CURRENT DATA
@
TARGET LEVEL
Objective Outcome Measures
OUTCOME MEASURE
CURRENT DATA
TARGET LEVEL
Number of agencies that benefitted from equipment purchases.
0
7
Custom Objective Outcome Measures
CUSTOM OUTCOME MEASURE
CURRENT DATA
TARGET LEVEL
Certification and Assurances
Each applicant must click on this link to review the standard Certification and Assurances.
Resolution from Governing Body
Applications from nonprofit corporations, local units of governments, and other political subdivisions must include a
resolution that contains the following:
1.
2.
3.
4.
Authorization by your governing body for the submission of the application to CJD that clearly identifies
the name of the project for which funding is requested;
A commitment to provide all applicable matching funds;
A designation of the name and/or t itle of an authorized official who is given the authori ty to apply for,
accept, reject, alter, or terminate a grant (Note: If a name is provided, you must update CJD should the
official change during the grant period.); and
A written assurance that, in the event of loss or misuse of grant funds, the governing body will return all
funds to CJD.
Upon approval from your agency's governing body, upload the approved resolution to eGrants by clicking on the
Upload Files sub-tab located in the Summary tab.
Contract Compliance
Will CJD grant funds be used to support any contracts for professional services?
Select the Appropriate Response:
Yes
X. No
For applicant agencies that selected Ye s above, describe how you will monitor the activities of the subcontractor(s) for compliance with the contract provisions (including equipment purchases), deliverables, and all
applicable statutes, rules, regulations, and guidelines governing this project.
Enter a description for monitoring contract compliance:
Lobbying
For applicant agencies requesting grant funds in excess of $100,000, have any federally appropriated funds been
paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection
with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any federal contract, grant loan, or cooperative agreement?
Note: Pursuant to Texas Government Code §556. 005, a political subdivision or private entity that receives state
funds may not use the funds to pay a person required to register as a lobbyist or for lobbying expenses. A political
subdivision or private entity that violates this provision is not eligible to receive additional state funds.
Select the Appropriate Response:
Yes
No
X.N/A
For applicant agencies that selected either No or N/A above, have any non-federal funds been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress in connection with this federal contract, loan, or cooperative
agreement?
Select the Appropriate Response
Yes
X. No
_ N/A
Fiscal Year
Provide the begin and end date for the applicant agency's fiscal year (e.g., 09/01/20xx to 08/31/20xx).
Enter the Begin Date {mm/dd/yyyy):
10/1/2015
Enter the End Date [mm/dd/yyyy):
3/31/2016
Sources of Financial Support
Each applicant must provide the amount of grant funds expended during the most recently completed fiscal year
for the following sources:
Enter the amount($) of Federal Grant Funds:
26170
Enter the amount($) of State Grant Funds:
6534
Single Audit
For Fiscal Years Beginning Before December 26. 2014
Applicants who expend less than $500,000 in federal grant funding or less than $500,000 in state grant funding
are exempt from the Single Audit Act and cannot charge audit costs to a CJD grant. However, CJD may require a
limited scope audit as defined in OMB Circular A-133.
Has the applicant agency expended federal grant funding of $500,000 or more, or state grant funding of $500,000
or more during the most recently completed fiscal year?
OR
For Fiscal Years Beginning On or After December 26, 2014
Applicants who expend less than $750, 000 in federal grant funding or less than $750,000 in state grant funding
are exempt from the Single Audit Act and cannot charge audit costs to a CJD grant. However, CJD may require a
limited scope audit as defined in CFR Part 200, Subpart F - Audit Requirements.
Has the applicant agency expended federal grant funding of $750,000 or more, or state grant funding of $750,000
or more during the most recently completed fiscal year?
Select the Appropriate Response:
Yes
K_ No
Applicant agencies that selected Yes above, provide the date of your organization's last annual single audit,
performed by an independent auditor in accordance with the Single Audit Act Amendments of 1996 and OMB
Circular A-133; or CFR Part 200, Subpart F - Audit Requirements.
Enter the date of your last annual single audit:
Equal Employment Opportunity Plan (EEOP)
Type I Entity - Defined as an applicant that meets one or more of the following criteria:
•
•
•
•
•
•
the
the
the
the
the
the
applicant has less than 50 employees;
applicant is a non-profit organization;
applicant is a medical institution;
applicant is an Indian tribe;
applicant is an educational institution, or
applicant is receiving a single award of less than $25,000.
Requirements for a Tvpe I Entity
• The applicant is exempt from the EEOP requirements required to prepare an EEOP because it is a Type I Entity as
defined above, pursuant to 28 CFR 42.302;
• the applicant must complete Section A of the Certification Form and send it to the Office for Civil Rights (OCR) to
claim the exemption from developing an EEOP; and
• the applicant will comply with applicable federal civil rights laws that prohibit discrimination in employment and
in the delivery of services.
Type II Entity - Defined as an applicant that meets the following criteria :
• the applicant has 50 or more employees, and
• the applicant is receiving a single award of $25,000 or more, but less than $500,000.
Requirements for a Type II Entity - Federal law requires a Type II Entity to formulate an EEOP and keep it on file .
• The applicant agency is required to formulate an EEOP in accordance with 28 CFR 42.301, et seq., subpart E;
• the EEOP is required to be formulated and signed into effect within the past two years by the proper authority;
• the EEOP is available for review by the public and employees or for review or audit by officials of CJD, CJ D's
designee, or the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice, as required by
relevant laws and regulations;
• the applicant will comply with applicable federal civil rights laws that prohibit discrimination in employment and
in the delivery of services; and
• the EEOP is required to be on file in the office of (enter the name and address where the EEOP is filed below):
Enter the name of the person responsible for the EEOP and the address of the office where the EEOP is filed:
Wynell Herbort, Human Resources; 126 West Main Street, Fredericksburg, Texas 78624
Type III Entity - Defined as an applicant that is NOT a Type I or Type II Entity.
Requirements for a Type III Entity - Federal law requires a Type III Entity to formulate an EEOP and submit it for
approval to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice.
• The EEOP is required to be formulated and signed into effect within the past two years by the proper authority;
• the EEOP has been submitted to the Office of Civil Rights (OCR), Office of Justice Programs, U.S. Department of
Justice and has been approved by the OCR, or it will be submitted to the OCR for approval upon award of the
grant, as required by relevant laws and regulations; and
• the applicant will comply with applicable federal civil rights laws that prohibit discrimination in employment and
in the delivery of services.
Based on the definitions and requirements above, the applicant agency certifies to the following entity type:
Select the appropriate response:
_ Type I Entity
X. Type II Entity
_ Type III Entity
Debarment
Each applicant agency will certify that it and its principals (as defined in 2 CFR Part 180.995):
• Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of
Federal benefits by a State or Federal Court, or voluntarily excluded from participation in this transaction by any
federal department or agency;
• Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal
or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property; or
• Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state,
or local) with commission of any of the offenses enumerated in the above bullet; and have not within a three-year
period preceding this application had one or more public transactions (federal, state, or local) terminated for cause
or default.
Select the appropriate response:
X. I Certify
_ Unable to Certify
If you selected Unable to Certify above, please provide an explanation as to why the applicant agency cannot
certify the statements.
Enter the debarment justification:
FFATA Certification
Certification of Recip ient Hi ghly Compensated Officers - The Federal Funding Accountability and
Transparency Act (FFATA) requires Prime Recipients (OD) to report the names and total compensation of each of
the five most highly compensated officers (a.k.a. positions) of each sub recipient organization for the most recently
completed fiscal year preceding the year in which the grant is awarded if the subrecipient answers YES to the
FI RST statement but NO to the SECOND statement listed below.
In the sub recipient's preceding completed fiscal year, did the sub recipient receive: (1) 80 percent or more of its
annual gross revenue from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative
agreements; AND (2) $25,000,000 or more in annual gross revenue from Federal contracts (and subcontracts},
loans, grants (and subgrants) and cooperative agreements?
Yes
X. No
Does the public have access to information about the compensation of the senior executives through periodic
reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 7Bm(a}, 7Bo(d)) or
Section 6104 of the Internal Revenue Code of 1986?
Yes
)!No
If you answered YES to the FIRST statement and NO to the SECOND statement, please provide the name and
total compensation amount of each of the five most highly compensated officers (a.k.a. positions) within your
agency for the current calendar year. If you answered NO to the first statement you are NOT required to provide
the name and compensation amounts. NOTE: "Total compensation" means the complete pay package of each of
the sub recipient's compensated officers, including all forms of money, benefits, services, and in-kind payments
(see SEC Regulations: 17 CCR 229.402).
Position 1 - Name:
Position 1 - Total Compensation($):
0
Position 2 - Name:
Position 2 - Total Compensation($):
0
Position 3 - Name:
Position 3 - Total Compensation($):
0
Position 4 - Name:
Position 4 - Total Compensation ($):
0
Position 5 - Name:
Position 5 - Total Compensation ($):
0
Fiscal Capability 111/ormation
Organizational Information
Enter the Year in which the Corporation was Founded:
Enter the Date that the IRS Letter Granted 501(c)(3) Tax Exemption Status:
Enter the Employer Identification Number Assigned by the IRS:
Enter the Charter Number assigned by the Texas Secretary of State:
Accounting System
The grantee organization must incorporate an accounting system that will track direct and indirect costs for the
organization (general ledger) as well as direct and indirect costs by project (project ledger). The grantee must
establish a time and effort system to track personnel costs by project. This should be reported on an hourly basis,
or in increments of an hour.
Is there a list of your organization's accounts identified by a specific number (i. e., a general ledger of accounts).
Select the appropriate response:
Yes
No
Does the accounting system include a project ledger to record expenditures for each Program by required budget
cost categories?
Select the appropriate response :
Yes
No
Is there a timekeeping system that allows for grant personnel to identify activity and requires signatures by the
employee and his or her supervisor?
Select the appropriate response:
Yes
No
If you answered 'No' to any question above in the Accounting System section, in the space provided below explain
what action will be taken to ensure accountability.
Enter your explanation :
Financial Capability
Grant agencies should prepare annual financial statements. At a minimum, current internal balance sheet and
income statements are required. A balance sheet is a statement of financial position for a grant agency disclosing
assets, liabili ties, and retained earnings at a given point in time. An income statement is a summary of revenue
and expenses for a grant agency during a fiscal year.
Has the grant agency undergone an independent audit?
Select the appropriate response:
Yes
No
Does the organization prepare financial statements at least annually?
Select the appropriate response:
Yes
No
According to the organization 's most recent Audit or Balance Sheet, are the current total assets greater than the
liabilities?
Select the appropriate response:
Yes
No
If you selected 'No' to any question above under the Financial Capability section, in the space provided below
ex plain what action will be taken to ensure accountability.
Enter your explanation:
Budgetary Controls
Grant agencies should establish a system to track expenditures against budget and/ or funded amounts.
Are there budgetary controls in effect (e.g., comparison of budget with actual expenditures on a monthly basis) to
include drawing down grant funds in excess of:
a) Total funds authorized on the Sta tement of Grant Award?
Yes
No
b) Total funds available for any budget category as stipulated on the Statement of Grant Award?
Yes
No
I f you selected 'No' to any question above under the Budgetary Controls section, in the space provided below
please explain what action will be taken to ensure accountability.
Enter your explanation:
Internal Controls
Grant agencies must safeguard cash receipts, disbursements, and ensure a segregation of duties exist. For
example, one person should not have authorization to sign checks and make deposits.
Are accounting entries supported by appropriate documentation (e.g., purchase orders, vouchers, receipts,
invoices)?
Select the appropriate response:
Yes
No
Is there separation of responsibility in the receipt, payment, and recording of costs?
Select the appropriate response:
Yes
No
If you selected 'No' to any question above under the Internal Controls section, in the space provided below please
explain what action will be taken to ensure accountability.
Enter your explanation:
Budget Details 111/ormation
Budget Information by Budget Line Item:
CATEGORY
SUB
CATEGORY
DESCRIPTION
Equipment
Specialty
Vehicle
All traffic Solutions
SpeedAlert 24 Radar
CJD
CASH
MATCH
$18,000.00
$0.00
INKIND
MATCH
GPI
TOTAL UNIT /%
$0.00 $0.00 $18,000.00
2
Message Sign
Equipment
Specialty
Vehicle
All Traffic Solutions
Trailer, ATS5
$6,400.00
$0.00
$0.00 $0.00
$6,400.00
2
Equipment
Specialty
Vehicle
All traffic Solutions
PowerCase PC36, 36
Ah power supply
$1, 190.00
$0.00
$0.00 $0.00
$1,190.00
2
Eq uipment
Specialty
Vehicle
Al l Traffic Solutions
Portable post ,
st anda rd, fold ing
assembly
$700.00
$0.00
$0.00 $0.00
$700.00
2
Equipment
Specialty
Vehicle
All Traffic Solut ions
mount kit, iA24
mounting bracket
$590.00
$0.00
$0.00 $0.00
$590.00
2
Equipment
Specialt y
Vehicle
All Traffic Solut ions
Car rying Case; iA24
softcase with storage
pockets
$200.00
$0.00
$0.00 $0.00
$200.00
2
Equipment
Specia lty
Vehicle
All Traffic Solutions
Traile r Battery Kit,
470Ah deep cycle
batteries
$1,980.00
$0.00
$0.00 $0 .00
$1,980.00
2
Equipment
Specialty
Vehicle
All Traffic Solutions
Solar panel, 60W
$1,790.00
$0.00
$0.00 $0.00
$1,790.00
2
Equipment
Specialt y
Vehicle
Shipping
$2,000.00
$0.00
$0.00 $0.00
$2,000.00
2
Source of Match lnformatio11
Detail Source of Hatch/GPI:
I
I
MATCH TYPE
DESCRIPTION
AMOUNT
Summary Source of Hatch/GPI:
Total Report
Cash Match
In Kind
GPI Federal Share
GPI State Share
$0.00
$0.00
$0.00
$0.00
$0.00
Budget Summary lnformatio11
Budget Summary Information by Budget Categor y:
CATEGORY
CJD
CASH MATCH
IN- KIND MATCH
GPI
TOTAL
I
$32,850.00
Equipment
$0.00
$0.00
$0.00
$32,850.00
Budget Grand Total Information:
CJD
CASH MATCH
IN-KIND MATCH
GPI
TOTAL
$32,850.00
$0.00
$0.00
$0.00
$32,850.00
Co11dition Of Fundings Information
Condition of Funding / Project Requirement Date Created Date Met Hold Funds Hold Line Item Funds
CITY COUNCIL MEMO
DATE: January 11, 2015
TO: Mayor, and City Council
FROM: Jimmy Alexander, Director of Parks & Recreation
SUBJECT: Skate Park
Summary:
The Morning Rotary Club will be making an update to the City Council regarding the construction of
the Skate Park. There will also be a request made to fund $15,000 to provide a handicap accessible
path from the existing parking lot to the Skate Park.
Recommendation:
It is recommended to consider the updated information.
Background I Analysis:
The majority of the items agreed upon in the contract between the City and the Morning Rotary Club
have been met. The issue of the funding will be discussed at this meeting. To date the Morning Rotary
Club has commitments to complete the funding necessary but not all of the money is in the bank.
The City~redericksburg
:J,7
126 W. Main St.• Fredericksburg, Texas
4-3708 • (830) 997-752 1 • Fax (830) 997-186 1
Perhaps by the date the January 19th the money will have been secured. As a follow up to the
statement made in public comment, the other issue that the City Council will be asked is to fund
$15,000 that is necessary to construct an accessible path from the existing Old Fair Park parking lot to
the new Skate Park. Susan Kimbrell from the Morning Rotary Club will be at the meeting to discuss
these and any other issues.
The City
o~edericksburg
®
126 W. Main St.• Fredericksburg, Texas 78624-3708 • (830) 997-752 1 • Fax (830) 997-186 1
LICENSE AGREEMENT
FOR SKATE PARK AND BMX FACILITY
FREDERICKSBURG, TEXAS
~
This Agreement is entered into this the 1.-"'? day of August , 2012, between the City of
Fredericksburg, Texas, hereinafter referred to as "City", and the Rotary Club of
Fredericksburg- Morning, a Texas non-profit corporation, hereinafter referred to as
"Rotary".
In consideration of the terms herein, the City and Rotary hereby recite, covenant,
and agree as follows:
I.
As a public service, for the benefit and improvement of the community,
Rotary intends to design and construct a structure for skateboards and inline roller skates, and a BMX facility which shall include landscaping in
accordance with the City's landscape ordinances. The BMX facility field
and the skate structure collectively may hereafter be referred to as "the
Facility". Once the Facility is constructed, City will maintain and manage
the facility. Rotary offers the construction of the Facility to the City as a
donation.
II.
Subject to the terms and conditions of this agreement, the City hereby
grants Rotary a revocable exclusive license to construct the facility on
approximately twenty four thousand
(24,000) square feet of the
undeveloped part of City owned land at Old Fair Park at a location which is
northeast of the Boys and Girls Club and southwest of the ball practice
field , the exact configuration of the location to be specifically approved by
the City. This license may be revoked as provided in Section XV below.
Upon completion of the facility, the City shall accept the donation of the
Facility from Rotary.
Ill.
Terms and Conditions Relating to Construction of the Facility:
A. The City agrees that it shall:
1.
Provide construction oversight assistance at its discretion
under the direction of the Director of Parks and Recreation
for the City or his or her designee; and
2.
Provide, at the City's expense electricity and water to the site
during construction of the Facility; and
3.
Advise Rotary if it finds any conditions at the facility before or
during
construction which may be unsatisfactory and in need of
change or correction; and
4.
Allow Rotary freedom of design in the facility, provided that
said design complies with generally accepted standards of
the industry and that the same is certified by a professional
engineer licensed in the State of Texas; and
5.
Allow Rotary to engage contractors and subcontractors to
build the facility; and
6.
Allow Rotary to place and maintain recognition signs in the
facility area following the completion of construction, and
one temporary recognition sign during construction. It is
understood that the permanent signs shall be small
dedication plaques acknowledging the contributions of
sponsors and donors. Further, all such signs shall be
subject to provisions of applicable City sign ordinances and
construction codes, and subject to prior approval by the
Director of Development Services for the City, or his or her
designee. The City retains the right, in consultation with
Rotary to name the project and determine the number,
placement, size, content and materials for permanent
signage to be erected following completion of construction;
7.
Prior to the beginning of construction, allow Rotary to
terminate this agreement upon sixty days written notice,
without penalty. After the commencement of construction,
allow Rotary to terminate without notice, provided the
construction of the Facility becomes cost prohibitive and
Rotary agrees, upon request of the City, if it decides not to
complete the structure, to remove the Facility, or any
portions of the facility that have been constructed, and to
restore Old Fair Park to its original condition, as it existed
prior to any construction associated with the Facility.
B.
Rotary agrees it shall:
1.
Raise all funds deemed by Rotary to be necessary for the
construction hereby contemplated within three (3) years of
the date of this agreement, and then actually construct the
Facility within one (1) year following the completion of the
fundraising. This agreement will terminate at the option of
the City in the event the funds are not timely raised.
2.
Not have any ownership interest of any kind in the approved
location, and not exclude the City from entering the location
at any time and fo r any reason.
3.
At its expense, design, engineer and construct the Facility on
the designated property to meet all requirements as set forth
by the City approved plan and specifications which plans
and specifications shall include all necessary site fixtures;
and
4.
Employ a professional engineer licensed in the State of
Texas or a person with equivalent qualification to design the
facility and provide supervision during construction of the
facility; and
5.
Require that the engineering, architectural design and
construction
contract
shall
include
the
number
and
placement of safety and warning signs which have been
approved by the City; and
6.
Contract with a qualified professional contractor or builder
who will construct the facility, and provide a copy of such
contract to the City; and
7.
During site preparation and construction,
require the
Contractor to secure, protect and maintain the site until it is
completely finished , and at a minimum, the Contractor shall
be required to place fencing and signs around the site to
keep the public away during construction; and
8.
Require the engineer or architect to prepare as-built
drawings of the Facility and a maintenance manual or
maintenance routine, which shall be delivered to the City
when the City accepts the Facility; and
9.
Require the transfer of any and all warranties provided for
materials or workmanship to the City; and
10.
Include in the construction contract indemnification language
favorable to the City and to the Rotary Club. Additionally,
the Contractor should be required to carry insurance and the
City and the Rotary should be named as additional insureds
for liability purposes in the form described below; and
11 .
Require the Contractor, to clean
the area used
in
construction of the Facility to the satisfaction of the Director
of Parks and Recreation, or his or her designee, during and
following construction; and
12.
Pay all expenses directly incurred by Rotary in a timely
manner; and
13.
Indemnify, defend, and hold the City harmless from all
claims, loss, injury, and damage arising during construction
of the facility except for the sole negligence of the City; and
14.
During construction, and until the facility is accepted by the
City,
require
the
Contractor
to
provide
workers
compensation insurance which meets the State of Texas
requ irements,
Commercial
General
Liability
insurance
written on an occurrence basis with limits not less than
$1 ,000,000 combined single limit per occurrence, per
location and $2,000,000 aggregate for personal injury, bodily
injury, and property damage, with coverage to include but
not be limited to: blanket contractual; products/completed
operations; broad form property damage; explosion, collapse
and underground (XCD) if applicable; and employer's liability
if and when an employee is hired by Rotary; the City shall be
named as an additional insured on the insurance policy, and
a copy of the endorsement naming the City as additional
insured shall be attached to the Certificate of Insurance; and
such certificate shall contain a clause stating that coverage
shall apply separately to each insured against whom claim is
made or suit is brought, except with respects to the limits of
the insurers liability. The Contractor's insurance shall be
primary insurance with respect to the City, and the City shall
be given thirty (30) days prior written notice of any
cancellation, suspension or material change in coverage.
Failure to maintain acceptable insurance will result in the
termination
of this use agreement.
IV.
The construction of the Facility shall be performed as set forth in the
approved plans and specifications. Before proceeding with construction,
the Contractor shall provide to the City Manager, or his or her designee, a
construction schedule.
V.
Rotary shall not construct or allow construction of any ancillary facilities,
such as a registration booth or viewing structures except as approved by
the City.
VI.
The City shall establish the opening date for the Facility with input from
Rotary.
VII.
Record Keeping and Reporting.
A.
Rotary shall maintain accounts and records which accurately reflect
the details of construction, costs, and design of the facility. These
and all records relating to the performance of this Agreement shall
be available for City inspection.
B.
Rotary shall provide the City with reports at six month intervals
each year during fundraising, and monthly during construction fully
describing what work has been performed pursuant to this
Agreement and the anticipated date of substantial completion of
the Facility. The final report shall include a complete report
detailing the project from the commencement of constructions.
VIII.
The relationship created by this Agreement is that of independent
contracting entities. Rotary is not an agent or employee of the City.
Rotary, as an independent contractor, shall control and direct the
performance of the details of the work to be provided.
IX.
Rotary shall protect, defend, save harmless, and indemnify the City, its
officers, agents and employees from and against any and all claims,
damages, losses and expenses, including reasonable attorney fees,
occurring, arising or resulting from the performance of this Agreement.
X.
Breach.
In addition to all other rights and remedies available at law or in equity:
A.
In the event Rotary fails to abide by any of the terms of this
Agreement, the City may send notice of breach of this Agreement
and demand Rotary cure such breach within sixty (60) days. If the
breach is not cured, the City can either (1) correct such breach and
charge Rotary for any cost incurred; or (2) terminate this
Agreement under XV below.
B.
Should the City fail to abide by any of its obligations under this
Agreement, Rotary, after sixty (60) days' written notice of breach
may (1) terminate this Agreement according to XV below; or (2)
bring suit for an injunction to enforce this Agreement as its only
legal
remedy,
waiving
all
other
damages
except
cost
reimbursement for unreasonable construction interference as
follows:
Although the City ·retains the right to possession and use
of the approved location, the City shall not unreasonably interfere
with the Rotary's construction, City shall be liable to Rotary for any
cost incurred due to its unreasonable interference.
XI. Contractual Requirements
Rotary shall assure that all work done in furtherance of the agreement
shall provide fair, equal and non-discriminatory treatment of all persons,
without respect to race, creed or national origin, and, in particular:
A.
The Contractor shall maintain open hiring and employment
practices and will welcome applications for employment in all
positions from qualified individuals who are members of minorities
protected
by
federal
equal
opportunity/affirmative
action
requirements; and
8.
The Contractor shall comply with all requirements of applicable
federal, state or local laws or regulations issued pursuant thereto,
relating to the establishment of non-discriminatory requirements in
hiring and employment practices and assuring the services of all
persons without discrimination as to any person's race, color,
religion, sex, Vietnam era veteran's status, disabled veteran
condition, physical or mental handicap, or national origin.
XII.
The rights under this Agreement shall not be assigned and the duties
under this Agreement shall not be delegated by either the City or Rotary.
XIII.
The signatories to this Agreement hereby represent that they have full
legal authority to execute this Agreement on behalf of their respective
®
entities.
XIV.
The parties agree that this Agreement is the complete expression of the
terms hereto and
any oral representation
or understanding not
incorporated herein is excluded. Further, any modification of this
Agreement shall be in writing and signed by both parties.
XV.
Termination.
A.
In the event that the facility becomes cost prohibitive, Rotary may
terminate this Agreement by giving to the City written notice of
intent to terminate sixty (60) days prior to termination date. In that
event, if so directed by The City, Rotary shall return to its original
condition any portion of Old Fair Park that was disturbed by any
work done in furtherance of this Agreement.
8.
In the event Rotary does not comply with and fulfill its obligations
under this agreement, the City may terminate this Agreement by
giving to Rotary written notice and opportunity to cure of sixty (60)
days prior to terminating this Agreement.
C.
Upon termination of this agreement due to the successful
completion of the Facility, it is understood and agreed by the
parties, that the City intends to maintain and utilize the Facility as a
skateboard, in-line roller skate and BMX park for a minimum of
twenty (20) years subject to the following : it is agreed and
understood that the needs of the City with regard to recreational
needs or the need to use the property on which the Facility is
located in ways more advantageous to the citizens may change
over time, and in the event the City desires to utilize the property of
the Facility in a different manner during such 20 year period, the
City will provide a comparable facility elsewhere in the City. The
City shall not have such obligation if the reason for the desired
closure is non-use of the Facility. The City will set all operating
times and policies with regard to the Facility based on usage of
similar municipal park facilities in central Texas.
IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be
executed the day and year first hereinabove written.
IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be
executed the day and year first hereinabove written.
ROTARY CLUB OF
FREDERICKSBURG- MORNING
CITY OF FREDERICKSBURG
'/
BY:
, /'-" ' / /
By: / ~"2v (~
.
Kent Myers, City Manager
Print Name: Atc..(l/fr.!c.. w 1Jf2.1.!:t-""
Office Held: r-:.fC, ; >1!)1feT [A1~;)1}V<. t.Y5v-f'-- /1'7t?~M.,tr ~.-//147 (( t:J~
CITY COUNCIL MEMO
DATE: January 19, 2015
TO:
Mayor and City Council
FROM: Kent Myers, City Manager
SUBJECT: EDC Annual Report
Summary:
According to the City's contract with EDC, they are required to provide the Council with an annual
report.
Recommendation:
It is recommended that you accept the annual report from Tim Lehmberg at Monday's meeting and ask
any questions regarding the recent accomplishments of EDC.
Background I Analysis:
The annual report for EDC is still being prepared and should available in the next several days.
The City o~redericksburg
41
126 W. Main St. • Fredericksburg, Texas 7
4-3 708 • (830) 997-752 1 • Fax (830) 997-186 l
CITY COUNCIL MEMO
DATE: January 12, 2015
TO:
Mayor and City Council
FROM: Clinton Bailey, Director of Public Works and Utilities
SUBJECT: Frantzen Park Revitalization
Summary:
One of the major requirements of the Leadership Gillespie County program is for the group to complete
a class project. During their class meeting on October 8, 2014, the 2015 Leadership Gillespie County
class voted unanimously for the " Revitalization of Frantzen Park" to be its class project. Members of the
Leadership Gillespie County Class of 2015 will make a short presentation to the City Council in order to
provide a comprehensive overview of the proposed project.
Recommendation:
N/A
Background I Analysis:
Frantzen Park is located at 400 South Orange Street in Fredericksburg. The area that the park occupies
was donated to the City by Alex and Laura Frantzen in 1956. The park, which is roughly 2 acres in size,
includes basic park amenities such as a swing set and park benches but has much potential with over
The City o~
redericksburg
4;)..
126 W. Main St. • Fredericksburg, Texas
-3708 • (830) 997-752 1 •Fax (830) 997- 186 1
800 linear feet of Barones Creek frontage and a pedestrian bridge crossing the creek which provides a
critical connection to neighborhood areas north of the creek.
The 2015 Leadership Gillespie County class has been working diligently on the development of a
proposal for a phased approach to making improvements to the park. The Leadership Class will be
responsible for the initial phase of the project which may include items such as a fa irly intensive cleanup
of the park and creek area, construction of a new stone park entrance, new picnic benches, installation
of basic playground equipment, planting of trees and the construction of a granite gravel trail around
the perimeter of the park. Additional phases of the project which the City may consider for future
funding may include more major park amenities such as a small parking area, half basketball court and
additional playground equipment.
The City o~
redericksburg
4-3
126 W. Main St. • Fredericksburg, Texas 7
-3 708 • (830) 997-752 1 • Fax (830) 997-186 1
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CITY COUNCIL MEMO
DATE: January 19, 2015
TO:
Mayor and City Councill
FROM: Kent Myers, City Manager
SUBJECT: City Manager-2015 Performance Goals
Summary:
The attached listing of performance goals for the City Manager has been developed based upon recent
comments and suggestions from Council members.
Recommendation:
Following discussion and any final changes made at the City Council meeting, it is recommended that
the performance goals be approved.
Background I Analysis:
Every year performance goals are established for every City employee including the City Manager. It is
recommended that, following discussion and any final changes, the goals be approved. Once adopted,
these goals will serve as guidance on major priorities that the Council would like me to address during
the coming year.
The City ~dericksburg
55
126 W. Main St. • Fredericksburg, Texas
4-3708 • (830) 997-752 1 • Fax (830) 997-1861
City of Fredericksburg
City Manager 2015 Performance Goals
1.
Continue to identify ways to recognize City employees for excellent performance.
2.
Insure that the positive accomplishments of the City are shared with local citizens through the
local media, City website and other means.
3. Coordinate quarterly City Council Retreats with a limit of 3-4 important topics for presentation
and discussion.
4.
Develop an employee succession plan for the City organization .
5. Work with a Charter Review Committee to be appointed by the City Council to review the City
Charter and provide recommendations for consideration by local voters in 2016.
6.
Continue to work on programs to attract affordable housing to the community.
7. Insure that all utility bond projects are completed on schedule and within budget and that the
funding is expended within the time limits of the bond issue.
8.
Work closely with the Fire Department to expand the volunteer program including encouraging
City employees to volunteer for the Fire Department.
CITY COUNCIL MEMO
DATE: January 19, 2015
TO:
Mayor and City Council
FROM: Kent Myers, City Manager
SUBJECT: Conveyance of Portion of Austin Street-Admiral Nimitz Foundation
Summary:
The Admiral Nimitz Foundation has requested that the City convey a portion of Austin Street, from Elk
Street to lee Street, to the Foundation so that they can utilize this area for parking and traffic related to
the National Museum of the Pacific War.
Recommendation:
It is recommended that the attached conveyance agreement prepared by the City Attorney for
conveyance of th is portion of Austin Street be approved.
Background I Analysis:
last September the Admiral Nimitz Foundation submitted the attached letter requesting that the City
consider transfer ownership of Au stin Street, from Elk Street to Lee Street, to the Foundation so that
they could utilize this area for events related to the National Museum of the Pacific War. There are not
The City o~dericksburg
126 W. Main St.• Fredericksburg, Texas
~J708 • (830) 997-7521 •Fax (830) 997-186 1
residences or businesses located on this section of the roadway that require that this section of roadway
be retained for public purposes.
Following several meetings with General Hagee and his staff, the City Attorney prepared the attached
agreement conveying this property to the Foundation. As indicated in the agreement, the City will
retain a utility easement in this area and the Foundation will be responsible for all future maintenance
of this area. Also the agreement stipulates that the Foundation will utilize this area primarily for free
public parking.
The City ~edericksburg
~
126 W. Main St. • Fredericksburg, Texas 7
4-3708 • (830) 997-752 1 • Fax (830) 997-186 1
. ***
'I>
ADMIRAL
NIMITZ
September 18, 2014
FOUNDATION
Mr. Kent Myers
City
Manager
328 E. Main Street
rredericksburg. Tex.. 78624
City of Fredericksburg
830/997-8600 ~lcphone
126 West Main Street
8 30/99i·8092 r••
www.Nimitzfoundatioo.org - Website
Fredericksburg,
TX 78624
[email protected]
omu rs
Ch11irman
C•se 0 . risrher
Vice Ch•irm•n
Rohert 8. Phelps
SecretMy
Nancy L. Drehl.'f
Enclosure (I) Pacific Combat Zone Map
Enclosure (2) Parking Recommendations
ransfer of Responsibility of Sections of East Austin and North Lee
Trea surer
Ron• kl L. W~ll hol
Pr1'>1dcn1 & Chief Executive Olftel"f
Mirhael W. Hagee
Genet•I. USMC IRrtl
0 11<'Cl ors
D• vid Q . B.ies. fr.
Krnncl h L. Burl.'Og•
f. Coley Clark
lohn E. Harri<
Barb•ra Schmidt Hpinen
Steven L. Highlander
Slt'VM K. Howpll
~
lohn C. Kerr
Rrucr La8 oon
Rick Lou ie
lohn L. N•u. Ill
Bruce Nicho l'
M•1G1•n Ani;PI• Salin,., USMC IRrll
Greg Shradrr
S•m Be ll St••~. II
Craig L. Symonds. Ph.D.
Mary An n Turbeville
MojGc·n fdm!'> L Williams. USMC' IRl'tl
Dlft'<t°'·' lnwn11
l•mes Avery
Ann BrPy
lohn R. Gocxlwill1e
Bruce H. C Hill
l TG NNI I. !lomJ '""'· USA IRctl
CAl'T Thnmas H. Murr•y. ~.. USNR IRetl
C.orcJon E. S•uc-1
John Schrock. Sr.
Roy E. Stroehrr
Wtll1~m
A.
W~ rrinJ.!
Hoom.iry fru< fM"j
This letter responds to your request for our recommendation concerning East
Austin and North Lee Streets that border the Ruff Haus and the Pacific Combat Zone.
As you know, the Admiral Nimitz Foundation owns the Ruff Haus property at the
comer of North Elk and East Austin Streets. The Foundation also owns the
unimproved property bound by North Lee Street on the West, the old City Cemetery
on the North.
The Foundation's Board of Directors plans to retain both Foundation
properties in support of The National Museum of the Pacific War. The State of Texas
owns the Pacific Combat Zone property bordered by East Austin and North Lee
Streets. The Texas Historical Commission is the State's Executive Agent for the State
owned National Museum of the Pacific War and all associated properties.
After discussions with the staff at the Texas Historical Commission, we
recommend that the City transfer ownership of East Austin Street between North Elk
Street and North Lee Street, and North Lee Street from East Austin Street to alleyaccess road that borders the North side of the Pacific Combat Zone to the State of
Texas (See Enclosure I .)
Crnr1.ll Billy I. llnles. USAr IRNl
lht\ Honot,tblc• Grm.:f' H. W. Bu \ h
U.S. S.-n.ior lohn Cornyn
lJ.S. Scn•tO< Ted Cruz
Thr Honm,1hll' G0<cJon Englar1<J
ll.~ C..1·n,1tnt
H1nc hi~on
lRt11
Eddie Lucio. Jr.
Wmdmw r. IWoodyl MrCaslancJ
Hl'lcn MrOon,1lcJ
N• nry Brown Nei:ley
lohn P. Srhncidcr. M.O.
c;,.or~C f. SP• y. Ill
Kety Bflilry
Ti· '~" ~PniHm
.~uppotlm~
The N•lioruil Mu~ of the .,.ci!ic War
Ac.Jmirr1I N imit z Museum
( •·or1'r H. W. Bu~h G,1llery
l.l/Mn~f' C~td('n o( l'C"JCl"
N1m1tz l Jut .tllon i\ Rl'\P;m h Cf'ntf'r
lh,. Mrmor1al CounyArcJ
J'Ac ilk Comb,11 Lon,.
Pl.l1,1 nf t h<' rr~idrnf'
- There are no residences on the sections of streets identified. Either Schubert
or Travis Streets provide easy access to the cemetery and to residents on Schubert
Street.
- On Living History weekends, we would turn those sections of East Austin
and North Lee Streets bordering the Pacific Combat Zone into one-way traffic and
restrict access to event visitors (See Enclosure 2.) We have perfected this procedure
during 2014 without complaints or inconvenience.
®
We inspire our youth by honoring our heroes
- The Foundation and the State strongly support the proposed "trail" on the
North side of Town Creek. The proposed change in responsibility would have no
impact on any "trail" decision.
- Appropriate access would be maintained for emergency and utility
personnel/vehicles by the Foundation.
- The Foundation and State would support any necessary easements in order to
ensure access to utilities under the two streets.
- The Foundation would continue to coordinate with the City on any issues
involving the subject street sections.
Sincerely,
Michael W. Hagee
General, USMC (Ret)
President and CEO
CITY OF FREDERICKSBURG
TO
ADMIRAL NIMITZ FOUNDATION
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE
IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
CONVEYANCE
THE STATE OF TEXAS
§
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GILLESPIE §
THAT the City of Fredericksburg hereinafter referred to as "GRANTOR", for and
in consideration of the conditions of use of the property as hereinafter set out and the right
of reverter, and other good and valuable consideration including the covenants and
conditions hereinafter set forth, in hand paid by the Admiral Nimitz Foundation, hereinafter
referred to as "GRANTEE", whether one or more, receipt 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, subject to the reservations and special limitations
below, the property, lying and being situated in Gillespie County, Texas, together with all
rights, benefits, privileges, tenements, hereditaments and appurtenances thereon or in
anywise appertaining thereto and together with any and all improvements thereon
(collectively, the "Property") described as follows:
All that certain tract or parcel of land lying and being situated in the County
of Gillespie, State of Texas, being certain portions of Austin Street and Lee
Street more particularly described in Exhibit "A", and as illustrated on Exhibit
"B" attached hereto and made a part hereof for all purposes.
GRANTOR reserves, over, across and under said Property, a public utility
easement, to include use for water, sewer, reclaimed water, drainage electric and any
other utility or telecommunication facilities, including:
1. the right to place, construct, operate, repair, maintain, relocate and
replace thereon or therein water, irrigation, sewer pipe lines or drainage
structures, and all laterals and appurtenances necessary or incident thereto,
of any size and for any purpose and for any purpose deemed advisable by
the City of Fredericksburg, and
2. the right to place, construct, operate, repair, maintain, relocate, and
replace thereon an electric transmission or distribution line or system or
telephone lines and all necessary or desirable appurtenances thereto,
Grantee being specifically notified that Granter intends to erect overhead
electric lines within the Property,
3. the right, but not the duty, to clear and maintain said easement, including
but not limited to the right to remove. cut and trim trees and shrubbery, to the
extent necessary to prevent interference with the lines, pipe lines or system,
and the right of ingress and egress over grantor's adjacent lands to or from
said right-of-way for the purpose of constructing, operating, repairing ,
maintaining, relocating, replacing or removing said water, sewer or electric
lines and appurtenances, and
4. the right of ingress, egress, and regress on and through the Property, to erect,
construct, reconstruct, install, replace, repair, operate, use, inspect, modify, remove
and maintain any water, wastewater, and/or other public utility lines and
appurtenances, together with all lines, pipes, conduits and other facilities,
equipment, improvements, and appurtenances used in connection with such said
public utilities as deemed necessary thereto by Grantor, over, along, across, under,
into and through the Property.
GRANTOR further reserves the right, without obligation, to construct and maintain a public
walking way, of whatever material, along the Southwest side of the of the existing road.
The property shall be used as follows, and compliance by the Grantee herein with all of
the same constitutes a condition of the grant herein:
1. Grantee will utilize the Property to provide free parking to the public. Grantee
may restrict parking to event planners and attendees at such times as it is
reasonably preparing for and conducting its public events. Grantee may erect
barricades or other restraints to accomplish such restrictions. Public events, for the
purposes of this conveyance shall mean periodic events to which members of the
public are invited and includes ticketed events; the intent of this condition being that
2
the right to restrict public access shall not be used to effect a virtually permanent
closure of the Property to the public.
2. Grantee may provide one-way circulation on the Property, and may add
sidewalks and utilize diagonal parking.
3 . Grantee will maintain the Property at its sole cost, and shall keep the Property
in accordance with City construction and emergency access standards.
4. Grantee may add a gate and archway which spans the Property at two (2)
locations, provided that the City and its agents shall have access to the Property at
all times.
5. Grantee will erect no other permanent structures. Temporary structures such as
tents, for events may be erected provided that they are not placed for a length of
time or so frequently as to effectively defeat the primary use of public parking on the
Property.
6. Grantee will not transfer the Property except to a Sate of Texas of Texas entity
in compliance with Section 253.011 of the Texas Local Government Code or its
successor statute.
In the event the conditions herein are not met by the Grantee failing to use the
Property in the manner described above, the interest of the Grantee in and to the Property
will automatically expire and revert to Granter which will be entitled to possession of the
Property.
The Property is hereby transferred in its present condition. Granter specifically
does not represent or warrant the condition of the Property, or its habitability or suitability
for any particular use. Grantee acknowledges, warrants and covenants, by its acceptance
of this conveyance, that it has had ample opportunity to examine the suitability and
condition of all of the Property, and that Grantee's decision to accept this conveyance has
been based entirely upon its own examination, inspection, investigation and evaluation of
the condition of the Property. GRANTEE SPECIFICALLY WAIVES AND DISCLAIMS ANY
3
IMPLIEDWARRANTYOFMERCHANTABILITY,FITNESS,HABITABILITY,ANDDEFECT
OF OR IN ANY WAY RELATED TO THE PROPERTY .All warranties that might arise by
common law as well as the warranties in Section 2.023 of the Texas Property Code (or its
successor) are excluded.
It is specifically found by Granter that the use of the Property in the manner
described above primarily promotes a public purpose of the Grantor municipality.
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, successors and assigns, forever; without express
or implied warranty.
EXECUTED this the _
_ day of January, 2015.
GRANTOR:
The City of Fredericksburg
By:_ _ _ __ _ _ _ _ _ _ _ _ __
Kent Myers, City Manager
ACCEPTED BY GRANTEE:
The Admiral Nimitz Foundation
By:_ _ __ _ _ _ _ _ __
General Michael W. Hagee, USMC (Ret)
Grantee's address:
328 East Main Street
Fredericksburg, Texas 78624
4
STATE OF TEXAS
§
COUNT OF GILLESPIE
§
This instrument was acknowledged before me on this the
day of
January, 2015, by Kent Myers, City Manager of the City of Fredericksburg on behalf of
said municipal corporation.
Notary Public in and for the State of Texas
Stamped or printed name of Notary
STATE OF TEXAS
§
COUNT OF GILLESPIE
§
This instrument was acknowledged before me on this the
day of
January, 2015, by General Michael W . Hagee, USMC (Ret), President and CEO of the
Admiral Nimitz Foundation on behalf of said foundation.
Notary Public In and for the State of Texas
Stamped or printed name of Notary
After Recording Return To :
PAT McGOWAN
Attorney-at-Law
P.O. Box 836
Fredericksburg, Texas 78624
5
Exhibit "A
APPROXIMATELY 1.53 ACRES OF LAND WITHIN THE CITY LIMITS OF
FREDERICKSBURG, GILLESPIE COUNTY, TEXAS, BEING COMPRISED OF:
1) ALL OF THAT CERTAIN PROTION OF A CITY STREET RIGHT-OF-WAY
(KNOWN AS EAST AUSTIN STREE7) LYING AND BEING SITUATED
BETWEEN THE SOUTHEAST LINE OF NORTH ELK STREET AND THE
NORTHWEST LINE OF NORTH LEE STREET, AND
2) ALL THAT CERTAIN SOUTHERN PORTION OF A CITY STREET
RIGHT-OF-WAY (KNOWN AS NORTH LEE STREET) LYING AND
BEING S/TUA TED BETWEEN THE SOUTHWEST LINE OF EAST
AUSTIN STREET AND THE SOUTHWEST LINE OF EAST SCHUBERT
STREET.
SAID 1.53 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING at the intersection of the southeast right-of-way line of North Elk
Street with the northeast right-of-way line of East Austin Street. Said intersection
being the west corner of Townlot Number 481 and also the most southerly north
corner of this tract of land;
THENCE in a southeasterly direction, a distance of approximately 600 feet. to the
intersection of this line with the northwest right-of-way line of North Lee Street.
Said intersection being the south corner of Townlot Number 486 and an interior
corner of this tract of land;
THENCE in a northeasterly direction, a distance of approximately 190 feet along
northwest right-of-way line of North Lee Street, being also the southeast line of
said Townlot Number 486, to the most northerly north corner of this tract of land.
Said corner being 10 feet southwest of the east corner of said Townlot Number
486, being also the south corner of Townlot Number 487;
THENCE in a southeasterly direction, perpendicular to the northwest line of North
Lee Street, a distance of approximately 70 feet, to the intersection of this line with
the southeast right-of-way line of North Lee Street. Said intersection being the
east corner of this tract of land;
THENCE crossing North Lee Street in a southwesterly direction, a distance of
approximately 270 feet along the southeast right-of-way line of North Lee Street,
to the intersection of this line with the southwest line of East Austin Street. Said
intersection being the south corner of this tract of land;
THENCE in a northwesterly direction, a distance of approximately 670 feet along
the southwest right-of-way line of East Austin Street. to the intersection of this
line with the southwest right-of-way line of North Elk Street. Said intersection
being the west corner of this tract of land;
THENCE crossing East Austin Street in a northeasterly direction, a distance of
approximately 80, feet to the PLACE OF BEGINNING and containing
approximately 1.53 acres of land.
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