City of Cuero Council Meeting Agenda October 28, 2014

CITY OF CUERO COUNCIL MEETING AGENDA OCTOBER 28, 2014

Notice is here by given for a meeting of the City Council of the City of Cuero to be held on October 28, 2014 at 5:45 P.M.located at City Hall Council Chambers, 212 E. Main Street, Cuero, Texas 77954, for the purpose of considering the following agenda items. The City Council of the City of Cuero will meet, consider, deliberate and may take action on all agenda items.

1. Call To Order And Announce A Quorum Is Present

2. Invocation Led by James K.Crain, III

3. Pledge Of Allegiance to the American Flag and the Texas Flag Led by W.T. "Tony" Allen. Documents: US and Texas Pledge.pdf

4. Ordinances - Emergency Reading

4.1. Discuss/Consider And Possible Action On Ordinance No. 2014 -48, Amending Title V, Chapter 52, Sewers, Section 52.60 (A) And Declaring An Emergency. Documents: Amend Sewer Charges for 52 60(a) 2014.pdf

4.2. Discuss/Consider And Possible Action On Ordinance No. 2014 -49, Warranty Deed On Property Owned By Lancaster Industries, Inc. Located At 514 W. Sarah Authorizing The Mayors Execution Of All Documents Associated With The Property And Declaing An Emergency. Documents: ORDINANCE 2014 -49 Lancaster Deed.pdf, Lancaster-City of Cuero.pdf

5. Resolutions

5.1. Discuss/Consider And Possible Action On Awarding The Bid For Annual Fuel For The City Of Cuero Documents: Copy of Fuel Bid Tabulaton for Bid Invitations for Fuel.pdf, RESOLUTION NO 2014 -25 Fuel Bid Approval.pdf

5.2. Discuss/Consider And Possible Action To Award Bid For For U.S. Highway 183 & U.S. Highway N. Phase 2 Annexation Utility Extensions, Esplanade Project. Documents: 20141016144927296.pdf, RESOLUTION NO 2014-26.pdf

5.3. Discuss/Consider And Possible Action On Task Order # 37 To Do A Traffic Study In The Area Of The New Proposed Cuero I.S.D.school In The Quarry Subdivision. Documents: CoC - Traffic Studies - Task Order 37.pdf, RESOLUTION NO 27 Task Order for Traffice Study.pdf

5.4. Discuss/Consider And Possible Action On An Agreement With Schneider Engineering For AMI Project Management And Authorizing The City Manager To Sign. Documents: doc00191820141014152617.pdf, RESOLUTION 2014-28 Schneider Engineering Contract.docx

6. Council Consideration And Action Items

6.1. Discuss/Consider And Possible Action On A Change Of Date And Time For The Closure Of The 100 Block Of East Main Street For Christmas In Downtown, To Accomodate The Construction Of The 52'x88', Sub-Flooring Of The Ice Skating Rink.

6.2. Discuss/Consider And Possible Action To Approve Expenditure Of Motel/Hotel Funds For Cuero ’s Participation In The DeWitt County Alliance Billboard Project.

Documents: Dewitt County C version.jpg, Notes for CDC.docx

6.3. Discuss/Consider And Possible Action On A Proposed Intersection Relocation At The Corner Of Fain McDougle And Broadway Streets. Documents: doc00208420141020110517.pdf

6.4. Discuss/Consider And Possible Action To Request That Cuero Be Established As A "Quiet Zone" At Railroad Intersections. Documents: QuietZoneBrochure.pdf, Summary of Quiet Zone Implementation.pdf, Guidance_on_the_Quiet_Zone_Creation_Process.pdf

6.5. Discuss/Consider And Possible Action To Reschedule Regular Council Meetings For The Months Of November And December From The Fourth Tuesday To The Third Thursday In November (Nov. 20) And The Second Tueday In December (Dec. 9).

6.6. Discuss/Consider And Possible Action On Eliminating Some Committees And Boards.

6.7. Discuss/Consider And Possible Action To Revise Some Of The Boards And Committees. Documents: 2014 Committees.doc, COMMITTEES OF THE CITY OF CUERO revised 2.pdf

6.8. Discuss/Consider And Possible Action To Approve New Members And Reappoint Members To The Board Of Adjustments, Planning And Zoning Commission And Building And Standards Commission. Documents: appointments to commissions.docx

7. Consent Agenda

7.1. Memorandum Of Agreement And Property Purchase Agreement Between Victoria County Sheriffs Office And Cuero Police Dept. Documents: Memorandum of Agreement Victoria and Cuero.pdf, Property Purchase Agreement Victoria and Cuero.pdf

7.2. Re -Appointment Of Larry Nuckles, Kathleen Leske, Vicki Coppedge, And Cynthia Aleman To The Library Board For Two Years.

7.3. DeWitt County Appraisal District Board Of Directors August And September Meeting Minutes Documents: DeWitt County August Board Meeting.pdf, DeWitt County September Board Meeting.pdf

7.4. Cuero Municipal Court September Collection Fee Report Documents: Municipal Court September 2014 Report.pdf

7.5. Building Department September Permits Documents: BP Valuation Report - 0752.pdf

7.6. Council Meeting Minutes For 9/23, 9/26 And 10/3 Documents: 9- 23-2014 Council Minutes.docx, 9-26 -2014 Council Meeting.docx, 10 -3-2014 Council Minutes.docx

8. Reports

8.1. Update From City Manager On Cuero Golf Course Documents: Cuero Municipal Golf Course Irrigation Map 102714.pdf

8.2. Comprehensive Plan Update Wayfinding: Main St Director Downtown Market: Main St Director UDC: Building Supervisor West Main Street Bumpouts: City Manager WiFi Downtown: CDC Director Documents: UDC Update.pdf

9. Public Comments An opportunity for the public to address Council on agenda items or concerns not on the agenda (limited to two minutes). 10. Adjourn

The City Council may convene into executive (closed) session in accordance with the Texas Government Code when necessary and legally justified. Any item on this agenda may be discussed in executive session if authorized by Texas Law regardless of whether it is listed under “Executive Session” of this agenda, and regardless of any past or current practice of the City Council. Executive sessions herein are closed meetings, and may include the consideration of any item otherwise listed on the agenda plus any subject matter specified in the executive session notice, and may include items under the Texas Government Code as follows: Section 551.071 (Consultation with Attorney regarding contemplated or pending litigation, a settlement offer or administrative hearing); Section 551.072 (Deliberation regarding real property); Section 551.073 (Deliberation about gifts and donations); Section 551.074 (Personnel Matters); Section 551.076 (Deliberation about Security Devices); Section 551.086(Deliberation regarding Municipally Owned Utility); and Section 551.087 (Deliberation regarding Economic Development Negotiation).

In compliance with the Americans with Disabilities Act, the City of Cuero will provide reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meetings. Please contact Jennifer Zufelt, City Secretary, at 361 -275- 6114.

CERTIFICATION I certify that a copy of the October 28, 2014 agenda of items to be considered by the City of Cuero Council was posted on the City Hall bulletin board on Friday, October 24, 2014 before 5:00 PM.

______Jennifer Zufelt, City Secretary CITY OF CUERO COUNCIL MEETING AGENDA OCTOBER 28, 2014

1. Call To Order And Announce A Quorum Is Present

2. Invocation Led by James K.Crain, III

3. Pledge Of Allegiance to the American Flag and the Texas Flag Led by W.T. "Tony" Allen. Documents: US and Texas Pledge.pdf

4. Ordinances - Emergency Reading

5. Resolutions

6. Council Consideration And Action Items

6.2. Discuss/Consider And Possible Action To Approve Expenditure Of Motel/Hotel Funds For Cuero ’s Participation In The DeWitt County Alliance Billboard Project.

Documents: Dewitt County C version.jpg, Notes for CDC.docx

6.3. Discuss/Consider And Possible Action On A Proposed Intersection Relocation At The Corner Of Fain McDougle And Broadway Streets. Documents: doc00208420141020110517.pdf

6.6. Discuss/Consider And Possible Action On Eliminating Some Committees And Boards.

6.7. Discuss/Consider And Possible Action To Revise Some Of The Boards And Committees. Documents: 2014 Committees.doc, COMMITTEES OF THE CITY OF CUERO revised 2.pdf

7. Consent Agenda

7.2. Re -Appointment Of Larry Nuckles, Kathleen Leske, Vicki Coppedge, And Cynthia Aleman To The Library Board For Two Years.

7.3. DeWitt County Appraisal District Board Of Directors August And September Meeting Minutes Documents: DeWitt County August Board Meeting.pdf, DeWitt County September Board Meeting.pdf

7.4. Cuero Municipal Court September Collection Fee Report Documents: Municipal Court September 2014 Report.pdf

7.5. Building Department September Permits Documents: BP Valuation Report - 0752.pdf

7.6. Council Meeting Minutes For 9/23, 9/26 And 10/3 Documents: 9- 23-2014 Council Minutes.docx, 9-26 -2014 Council Meeting.docx, 10 -3-2014 Council Minutes.docx

8. Reports

8.1. Update From City Manager On Cuero Golf Course Documents: Cuero Municipal Golf Course Irrigation Map 102714.pdf

9. Public Comments An opportunity for the public to address Council on agenda items or concerns not on the agenda (limited to two minutes). 10. Adjourn

______Jennifer Zufelt, City Secretary CITY OF CUERO COUNCIL MEETING AGENDA OCTOBER 28, 2014

1. Call To Order And Announce A Quorum Is Present

2. Invocation Led by James K.Crain, III

3. Pledge Of Allegiance to the American Flag and the Texas Flag Led by W.T. "Tony" Allen. Documents: US and Texas Pledge.pdf

4. Ordinances - Emergency Reading

5. Resolutions

6. Council Consideration And Action Items

6.2. Discuss/Consider And Possible Action To Approve Expenditure Of Motel/Hotel Funds For Cuero ’s Participation In The DeWitt County Alliance Billboard Project.

Documents: Dewitt County C version.jpg, Notes for CDC.docx

6.3. Discuss/Consider And Possible Action On A Proposed Intersection Relocation At The Corner Of Fain McDougle And Broadway Streets. Documents: doc00208420141020110517.pdf

6.6. Discuss/Consider And Possible Action On Eliminating Some Committees And Boards.

6.7. Discuss/Consider And Possible Action To Revise Some Of The Boards And Committees. Documents: 2014 Committees.doc, COMMITTEES OF THE CITY OF CUERO revised 2.pdf

7. Consent Agenda

7.2. Re -Appointment Of Larry Nuckles, Kathleen Leske, Vicki Coppedge, And Cynthia Aleman To The Library Board For Two Years.

7.3. DeWitt County Appraisal District Board Of Directors August And September Meeting Minutes Documents: DeWitt County August Board Meeting.pdf, DeWitt County September Board Meeting.pdf

7.4. Cuero Municipal Court September Collection Fee Report Documents: Municipal Court September 2014 Report.pdf

7.5. Building Department September Permits Documents: BP Valuation Report - 0752.pdf

7.6. Council Meeting Minutes For 9/23, 9/26 And 10/3 Documents: 9- 23-2014 Council Minutes.docx, 9-26 -2014 Council Meeting.docx, 10 -3-2014 Council Minutes.docx

8. Reports

8.1. Update From City Manager On Cuero Golf Course Documents: Cuero Municipal Golf Course Irrigation Map 102714.pdf

9. Public Comments An opportunity for the public to address Council on agenda items or concerns not on the agenda (limited to two minutes). 10. Adjourn

______Jennifer Zufelt, City Secretary CITY OF CUERO COUNCIL MEETING AGENDA OCTOBER 28, 2014

1. Call To Order And Announce A Quorum Is Present

2. Invocation Led by James K.Crain, III

3. Pledge Of Allegiance to the American Flag and the Texas Flag Led by W.T. "Tony" Allen. Documents: US and Texas Pledge.pdf

4. Ordinances - Emergency Reading

5. Resolutions

6. Council Consideration And Action Items

6.2. Discuss/Consider And Possible Action To Approve Expenditure Of Motel/Hotel Funds For Cuero ’s Participation In The DeWitt County Alliance Billboard Project.

Documents: Dewitt County C version.jpg, Notes for CDC.docx

6.3. Discuss/Consider And Possible Action On A Proposed Intersection Relocation At The Corner Of Fain McDougle And Broadway Streets. Documents: doc00208420141020110517.pdf

6.6. Discuss/Consider And Possible Action On Eliminating Some Committees And Boards.

6.7. Discuss/Consider And Possible Action To Revise Some Of The Boards And Committees. Documents: 2014 Committees.doc, COMMITTEES OF THE CITY OF CUERO revised 2.pdf

7. Consent Agenda

7.2. Re -Appointment Of Larry Nuckles, Kathleen Leske, Vicki Coppedge, And Cynthia Aleman To The Library Board For Two Years.

7.3. DeWitt County Appraisal District Board Of Directors August And September Meeting Minutes Documents: DeWitt County August Board Meeting.pdf, DeWitt County September Board Meeting.pdf

7.4. Cuero Municipal Court September Collection Fee Report Documents: Municipal Court September 2014 Report.pdf

7.5. Building Department September Permits Documents: BP Valuation Report - 0752.pdf

7.6. Council Meeting Minutes For 9/23, 9/26 And 10/3 Documents: 9- 23-2014 Council Minutes.docx, 9-26 -2014 Council Meeting.docx, 10 -3-2014 Council Minutes.docx

8. Reports

8.1. Update From City Manager On Cuero Golf Course Documents: Cuero Municipal Golf Course Irrigation Map 102714.pdf

9. Public Comments An opportunity for the public to address Council on agenda items or concerns not on the agenda (limited to two minutes). 10. Adjourn

______Jennifer Zufelt, City Secretary

ORDINANCE NO. 2014 – 48

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUERO, TEXAS, AMENDING TITLE V, CHAPTER 52 SEWERS, SECTION 52.6 0 ( A ) SEWER SERVICE CHARGES OF THE CITY OF CUERO CODE OF ORDINANCES; REPEALING ALL OR PARTS OF CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILTY CLAUSE; AND DECLARING AN EMERGENCY.

WHEREAS, this Council, after careful deliberation, have concluded that Title V, Chapter 52, Section 52.60(A) entitled Sewer Service Charges of the City of Cuero’s Code of Ordinances should be amended to remove that portion of the said ordinance that provides for monthly sanitary sewer charges for new commercial customers who have not established an average water usage for the months of December, January and February; and

WHEREAS , the amended ordinance shall provide that the monthly sanitary sewer charges for all commercial customers shall be billed based upon their actual metered water consumption for the current billing period; and

WHEREAS , all churches shall not be considered commercial customers and shall their monthly sanitary sewer charge shall be based on the average water usage during the December, January and February billing period.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CUERO, TEXAS:

SECTION ONE. That Title V, Chapter 52 Sewers , Section 52.60 ( A ) entitled Sewer Service Charges of the Code of Ordinances of the City of Cuero, Texas , be and the same is hereby amended to read as follows:

CHAPTER 52, SECTION 52.60(A) SEWER SERVICE CHARGES.

(A) All persons connected to the sanitary sewer system of the City of Cuero who have metered connections to the water system shall pay a monthly sanitary sewer charge based upon their average monthly metered water usage during the preceding December, January and February billing periods; or upon their actual metered water usage for the current billing period, whichever is less. For new residential customers, who have not established an average water usage during the December, January and February billing period, such average shall be presumed to be 5,000 gallons. For all commercial customers , the monthly sanitary sewer charge shall be based on their actual metered water consumption for the current billing period.

Churches will not be considered commercial accounts , and thus a church’s monthly sanitary sewer charge shall be based on the average water usage during the December, January and February billing period.

SECTION TWO. Repeal; All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION THREE. Severability; If any section, subsection or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity.

SECTION FOUR. That an emergency exists for the immediate preservation of public business thereby demanding that the rule which requires an Ordinance be read at more than one (1) meeting of the City Council be and the same is hereby suspended and this Ordinance shall take effect immediately upon and after its passage.

UPON MOTION OF COUNCILMEMBER ______, SECONDED BY COUNCILMEMBER ______, THAT THE ORDINANCE BE ADOPTED. AYES: NAYES: MOTION CARRIED.

PASSED AND APPROVED THIS THE ______DAY OF ______2014.

______SARA POST MEYER MAYOR ATTEST:

______JENNIFER ZUFELT CITY SECRETARY

APPROVED AS TO LEGALITY:

______JAMES K. CRAIN III CITY ATTORNEY ORDINANCE 2014-49

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUERO, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A SPECIAL WARRANTY DEED FROM LANCASTER INDUSTRIES, INC. AS GRANTOR, TO THE CITY OF CUERO AS GRANTEE CONVEYING REAL PROPERTY OWNED BY LANCASTER INDUSTRIES, INC. BEING 6.88 ACRE TRACT OF LAND SITUATED PARTLY IN THE J.J. TUMLINSON LEAGUE, A-45 AND SITURATED PARTLY IN THE JOSE ANTONIO VALDEZ GONZALES LEAGUE, A-47 IN THE CITY OF CUERO, DEWITT COUNTY, TEXAS AND AUTHORIZING THE MAYOR’S EXECUTION AND DELIVERY OF SAID SPECIAL WARRANTY DEED AND ALL ASSOCIATED DOCUMENTS; AND DECLARING AN EMERGENCY.

WHEREAS , Lancaster Industries, Inc. is the owner of those lands described in Exhibit “A”, attached hereto and incorporated herin by reference for all purposes at length as if fully set forth herin;

WHEREAS, the real property and the improvements (building) situated thereon is presently used as a ______; and

WHEREAS , LANCASTER, INC. has agreed to sell the real property and the improvements situated thereon to the City of Cuero, and

WHEREAS, this City Council does approve the deed in the form attached hereto as Exhibit “A” and those terms and conditions as contained therein, as attached hereto and incorporated herein at length for all purposes; and

WHEREAS, this City Council does hereby authorize the Mayor of the City of Cuero to execute said Deed.

NOWTHEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CUERO, TEXAS:

SECTION ONE. That the City Council of the City of Cuero does hereby approve the execution and delivery of that real property in the City of Cuero, in DeWitt County being more specifically described as follows:

SECTION TWO. The City Council of the City of Cuero does hereby approve and authorize the warranty Deed in the form attached hereto as Exhibit “A”.

SECTION THREE. That the Mayor of the City of Cuero, be and she is hereby authorized and directed to execute, on behalf of the City of Cuero, the Deed as Grantee. The Mayor should take all other actions reasonably necessary or convenient to effectuate the deed of said land. SECTION FOUR. In order for the sale of this property to take place and the Lancaster Inc. to receive proceeds in a timely manner it is necessary that this ordinance be adopted immediately. Such facts constitute an emergency for the preservation of the public health, safety, and business demanding the rule which requires ordinances to be read at more than one meeting of the City Council be and the same is hereby suspended and this Ordinance shall take effect immediately upon and after its passage on first reading.

UPON MOTION OF COUNCILMEMBER ______, SECONDED BY COUNCILMEMBER ______, THAT THE ORDINANCE BE PASSED ON FINALLY ADOPTED AND APPROVED BY EMERGENCY READING ON THE ___ _ DAY OF OCTOBER, 2014.

______SARA POST MEYER MAYOR

ATTEST:

______JENNIFER ZUFELT CITY SECRETARY

APPROVED AS TO LEGALITY: ______JAMES K. CRAIN, III CITY ATTORNEY DEED – LANCASTER INDUSTRIES, INC. TO CITY OF CUERO

THE STATE OF TEXAS : : KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DeWITT :

That LANCASTER INDUSTRIES, INC., a Texas corporation, hereinafter called Grantor, acting herein by and through its duly authorized representative , for and in consideration of Ten and No/100 Dollars ($10.00) and other good, valuable, and sufficient consideration, to Grantor cash in hand paid by the CITY OF CUERO , a municipal corporation, hereinafter called Grantee, situated in DeWitt County, Texas, the receipt of which is hereby acknowledged and for which no lien either express or implied is retained or shall exist,

Have Granted, Sold, and Conveyed and by these presents do Grant, Sell, and Convey, SUBJECT TO THE RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY HEREINAFTER SET OUT, unto the Grantee, whose mailing address is 212 E. Main, Cuero, DeWitt County, Texas 77954 , the following described real estate:

Being a 6.88 acre tract of land situated partly in the J. J. Tumlinson League, A-45, and situated partly in the Jose Antonio Valdez Gonzales League, A-47, being all of that certain called 7.00 acre tract, styled Tract 2, described in a Special Warranty Deed with Vendor’s Lien dated November 5, 1993, from Federal Deposit Insurance C orporation to L.F.C., Inc., recorded in Volume 366, Page 104 of the Deed Records of DeWitt County, Texas, and being all of Block 57 (including a portion of an unopened alley in said block), as shown on the original townsite map of the City of Cuero, recorded in Volume 75, Page 400 of the Deed Records of DeWitt County, Texas, said 6.88 acre tract being described by metes and bounds as follows:

BEGINNING at an existing 5/8 inch steel rod at the south corner of a called 4.055 acre tract described to William A. Blackwell, recorded in Volume 219, Page 141 of the Deed Records of said County, at the northwest corner of a called 9.783 acre tract, styled Second Tract, described to Jeannette Duderstadt, recorded in Volume 207, Page 45, of the Deed Records of said County, at the northeast corner of the said called 7.00 acre tract, styled Tract 2, and the herein described tract;

THENCE with the west line of the said called 9.783 acre tract, Styled Second Tract, South 24°30’00” West, (Basis of Bearings) for a distance of 531.85 feet, to an existing 5/8 inch steel rod at the west corner of the said called 9.783 acre tract, styled Second Tract, at an east interior corner of the said called 7.00 acre tract, styled Tract 2, and the herein described tract;

THENCE continuing with the west line of the said called 9.783 acre tract, styled Second Tract, South 66°31’32” East, for a distance of 259.80 feet, to an existing 5/8 inch steel rod at a southwest corner of the said called 9.783 acre tract, styled Second Tract, at an east exterior corner of the said called 7.00 acre tract, styled Tract 2, and the herein described tract;

THENCE continuing with the west line of the said called 9.783 acre tract, styled Second Tract, South 23°35’53” West, for a distance of 129.69 feet, pass an existing 5/8 inch steel rod at the south corner of the said called 9.783 acre tract, styled Second Tract, for a total distance of 334.47 feet, to an existing 5/8 inch steel rod in the west right-of-way line of Gazzie Street, in the north right-of-way line of Sarah Street, at the southeast corner of the said called 7.00 acre tract, styled Tract 2, and the herein described tract;

THENCE with the north right-of-way line of said Sarah Street, North 66°07’27” West, for a distance of 312.27 feet, to an existing 5/8 inch steel rod at an angle point in the south line of the said called 7.00 acre tract, styled Tract 2, and the herein described tract;

THENCE continuing with the north right-of-way line of said Sarah Street, South 77°19’59” West, for a distance of 213.30 feet, to an existing 5/8 inch steel rod in the east right-of-way line of the Union Pacific Railroad, at the southwest corner of the said called 7.00 acre tract, styled Tract 2, and the herein described tract;

THENCE with the east right-of-way line of the said Union Pacific Railroad, North 23°55’53” East, for a distance of 367.53 feet, to an existing 5/8 inch steel rod at an angle point in the west line of the said called 7.00 acre tract, styled Tract 2, and the herein described tract;

THENCE continuing with the east right-of-way line of said Union Pacific Railroad, North 22°27’04” East, for a distance of 200.06 feet, to an existing 5/8 inch steel rod at an angle point in the west line of the said called 7.00 acre tract, styled Tract 2, and the herein described tract;

THENCE continuing with the east right-of-way line of said Union Pacific Railroad, North 20°50’07” East, for a distance of 199.68 feet, to an existing 5/8 inch steel rod at an angle point at the west line of the said called 7.00 acre tract, styled Tract 2, and the herein described tract;

THENCE continuing with the east right-of-way line of said Union Pacific Railroad, North 18°50’41” East, for a distance of 200.36 feet, to an existing 5/8 inch steel rod at an angle point in the west line of the said called 7.00 acre tract, styled Tract 2, and the herein described tract;

THENCE continuing with the east right-of-way line of said Union Pacific Railroad, North 16°48’23” East, for a distance of 28.00 feet, to an existing 5/8 inch steel rod at the southwest corner of the said called 4.055 acre tract, at the northwest corner of the said called 7.00 acre tract, styled Tract 2, and the herein described tract;

THENCE with the south line of the said called 4.055 acre tract, the north line of the said called 7.00 acre tract, styled Tract 2, and the herein described tract, South 65°30’54” East, for a distance of 264.25 feet, to the POINT OF BEGINNING, CONTAINING within these metes and bounds 6.88 acres of land, more or less.

Bearings are based on bearings of record in Volume 366, Page 104 of the Deed Records of DeWitt County, Texas.

RESERVATIONS FROM AND EXCEPTI ONS TO CONVEYANCE AND WARRANTY:

There is expressly EXCEPTED from this conveyance and RESERVED to the Grantor and its successors and assigns forever all of the oil, gas and other minerals in, on, and under the above described land (except that it is expressly provided that no right is herein retained to authorize any use of the surface of said land in connection with this reservation). It is here expressly provided that the term “other minerals” includes all minerals except caliche, sand, gravel, water, and common dirt except to the extent that any of same must necessarily be produced and/or mined as part of or in common with the minerals that are included in the term “other minerals”. Not included in this reservation, is the right to enter upon the surface of the above-described tract of land in connection with the exploration and/or development of the above-referenced oil, gas and other minerals in, on or under said tract of land. Grantor waives and shall be expressly prohibited from entering upon the surface of above- described tract of land in connection with the exploration and/or development of any of the oil, gas and other minerals in, on or under said tract of land. To Have and To Hold the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the Grantee, its successors and assigns, forever , SUBJECT TO THE RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY HEREINABOVE SET OUT. And Grantor does hereby bind itself and its successors to Warrant and Forever Defend all and singular the above described premises unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof , SUBJECT TO THE RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY HEREINABOVE SET OUT.

EXECUTED this ______day of ______, 2014.

GRANTOR

LANCASTER INDUSTRIES, INC.

By: ______(name) ______(title)

GRANTEE

CITY OF CUERO A MUNICIPAL CORPORATION

______BY: SARA POST MEYER ITS: MAYOR

THE STATE OF TEXAS : : COUNTY OF DeWITT : This instrument was acknowledged before me on the _____ day of ______, 2014 , by ______, ______of LANCASTER INDUSTRIES, INC., a Texas corporation, on behalf of said corporation.

______NOTARY PUBLIC, STATE OF TEXAS

THE STATE OF TEXAS : : COUNTY OF DeWITT :

This instrument was acknowledged before me on the _____ day of ______, 2014, by SARA POST MEYER, MAYOR of the CITY OF CUERO, a Municipal corporation, on behalf of said corporation.

______NOTARY PUBLIC, STATE OF TEXAS City of Cuero Fuel Bid Tabulation

Company Source Rate Margin Tax Delivery Unleaded Source Rate Margin Tax Delivery Diesel Cost Avg Cost Avg 1 M. H. Leske Oil Co. Schneider Elect Rack 2.2451 0.0285 0.2000 0 2.4736 Schneider Elect Rack 2.5695 0.0352 0.2000 0 2.8048 2 New Distributing OPIS 2.2338 0.0300 0.2000 0.07 2.5338 OPIS 2.5573 0.0300 0.1900 0.07 2.8473 3 Rudolph's, Inc. Citgo/Victoria 2.7920 0.0495 0.2000 0 3.0415 Citgo/Victoria 2.8575 0.0495 0.2000 0 3.1070 4 Johnson Oil Co. OPIS 2.6586 0.0570 0.2000 0.0837 2.9993 OPIS 2.7966 0.0670 0.2000 0.0929 3.1565 5 Oil Patch Petroleum, Inc. Citgo 2.7750 0.1200 0.2000 0 3.0950 Citgo 2.8585 0.1200 0.2000 0 3.1785 6 Thomas Petroleum DTN 2.6519 0.3500 0.2012 0.1262 3.3293 DTN 2.8754 0.3500 0.2012 0.1262 3.5528 RESOLUTION NO 2014-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUERO, TEXAS APPROVING, ACCEPTING AND AWARDING THE BID FOR THE ANNUAL GASOLINE AND DIESEL FUEL FOR THE CITY OF CUERO TO M.H. LESKE OIL COMPANY.

WHEREAS , the City of Cuero (“City”) placed out for bids for the annual gasoline and diesel fuel for the City of Cuero.

WHEREAS , the City has acted in accordance with the requirement of all applicable law procuring said bids for said project.

WHEREAS, the City finds that the bid should be awarded to M.H. Leske Oil Co. as per the bid submitted.

Whereas, the governing body of the City does hereby authorize awarding the bid for annual gasoline and diesel fuel, to M.H. Leske Oil Co.

NOW THEREFOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CUERO, THAT:

This City Council does find that it has fully complied with all applicable laws regarding the procurement of the bids for the annual gasoline and diesel fuel.

That the governing body of the City of Cuero does hereby approve and accept the bid for the annual gasoline and diesel fuel.

PASSED AND APPROVED THIS 28TH DAY OF OCTOBER, 2014

______

SARA POST MEYER, MAYOR

ATTEST:

______

JENNIFER ZUFELT, CITY SECRETARY

RESOLUTION NO 2014-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUERO, TEXAS APPROVING, ACCEPTING AND AWARDING THE BID FOR THE U.S. HIGHWAY 183 & U.S. HIGHWAY N PHASE 2 ANNEXATION UTILITY EXTENSIONS, ESPLANADE STREET PROJECT.

WHEREAS , the City of Cuero (“City”) placed out for bids for U.S. Highway 183 & U.S. Highway N. phase 2 annexation utility extensions, Esplanade project.

WHEREAS , the City has acted in accordance with the requirement of all applicable law procuring said bids for said project.

WHEREAS, the City finds that the bid should be awarded to Mercer Construction Company as per the bid submitted.

Whereas, the governing body of the City does hereby authorize awarding the bid for U.S. Highway 183 & U.S. Highway N. phase 2 annexation utility extensions, Esplanade project.

NOW THEREFOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CUERO, THAT:

This City Council does find that it has fully complied with all applicable laws regarding the procurement of the bids for the for U.S. Highway 183 & U.S. Highway N. phase 2 annexation utility extensions, Esplanade project.

That the governing body of the City of Cuero does hereby approve and accept the bid for the for U.S. Highway 183 & U.S. Highway N. phase 2 annexation utility extensions, Esplanade project.

PASSED AND APPROVED THIS 28TH DAY OF OCTOBER, 2014

______

SARA POST MEYER, MAYOR

ATTEST:

______

JENNIFER ZUFELT, CITY SECRETARY

RESOLUTION NO. 2014-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUERO, TEXAS AUTHORIZING AND APPROVING A PROFESSIONAL SERVICES TASK ORDER NUMBER 37 AGREEMENT BETWEEN THE CITY OF CUERO AND VICTORIA ENGINEERING, INC. DBA, URBAN ENGINEERING FOR PROFESSIONAL ENGINEERING SERVICE TO PERFORM TRAFFIC STUD IES AS NEEDE, ASSOCIATED WITH FUTURE EXPANSIONS AND/OR ADDITIONS TO THE CUERO I.S.D. FACILITIES.

WHEAREAS, the City of Cuero (“City”) desires to obtain professional engineering services for various projects within the City;

WHEAREAS, the City has acted in accordance with the requirements of section 2254.001 et seq., of the Texas Government Code, cited as the Professional Services Procurement Act, in selecting the engineering firm of Victoria Engineering, Inc., DBA Urban Engineering.

WHEAREAS, Engineering Services are vital and essential for the operation of the City and the various projects needed for the City to operate efficiently.

WHEAREAS, the governing body of the City previously approved a Master Agreement, Task Order Edition which is hereby referred by reference and incorporated herin and made a part of this agreement;

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CUERO, THAT:

That the governing body of the City of Cuero does herby approve Victoria Engineering, Inc., dba Urban Engineering as an Engineering firm to provide professional engineering services to the City.

That the governing body of the City of Cuero does hereby approve the task order agreement attached hereto as Exhibit A, with attachments as agreed with Urban Engineering.

The Mayor is authorized to execute the said agreements on behalf of the CITY with the City Secretary attesting to same.

PASSED AND APPROVED THIS 28th DAY OF OCTOBER, 2014

______SARA POST MEYER MAYOR ATTEST: ______JENNIFER ZUFELT CITY SECRETARY

RESOLUTION 2014-28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUERO, TEXAS, AUTHORIZING AND APPROVING A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF CUERO AND SCHNEIDER ENGINEERING, FOR DEVELOPMENT OF REQUEST FOR PORPOSALS (RFP) AND THE PROCUREMENT PHASE FOR THE AMI PROJECT AND AUTHORIZING THE EXECUTION OF SAID CONTRACT BY THE MAYOR.

WHEREAS, the City Council of the City of Cuero is in need of professional services to assist with the development of Request for Proposal (RFP) and the procurement phase for an AMI system for the City’s electric and water utilities.

WHEREAS, the City Council does hereby approve the contract agreement between the City of Cuero and Schneider Engineering as in the form attached hereto as Exhibit A;

WHEREAS, the City Council authorizes the Mayor to execute said agreement.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CUERO, TEXAS;

That the City Council does hereby approve the Professional Services Agreement between the City of Cuero and Schneider Engineering in the form attached hereto as Exhibit A;

That the City of Cuero by and through its Mayor execute the agreement in the form attached hereto as Exhibit A.

UPON MOTION OF COUNCILMEMBER ______, SECONDED BY COUNCILMEMBER ______, THAT THIS RESOLUTION BE PASSED THE 28 TH DAY OF OCTOBER, 2014. AYES: __ NAYES: __

______SARA POST MEYER, MAYOR ATTEST:

______JENNIFER ZUFELT CITY SECRETARY

Notes: The DeWitt County Alliance is attempting to erect 3 billboards leading into DeWitt County. The program is anticipated to cost $21,000 for the year. The cost per community is $5,250, of which Yoakum has already agreed to participate.

Patrick J. Kennedy, EDFP Executive Director Cuero Development Corporation

GUIDE TO THE QUIET ZONE ESTABLISHMENT PROCESS

A I G

Federal Railroad Administraon 1200 New Jersey Avenue S.E. Federal Railroad Administraon Washington, DC 20590 Highway‐Rail Crossing and Trespasser Programs Division Telephone: 202‐493‐6299 www.fra.dot.gov Follow FRA on Facebook and Twier Guide to the Quiet Zone Establishment Process

Purpose of the Guide This brochure was developed to serve as a guide for local decision makers seeking a greater understanding of train horn sounding requirements and how to establish quiet zones. Its purpose is to provide a general overview and thus does not contain every detail about the quiet zone establishment process. For more detailed and authoritave informaon, the reader is encouraged to review the oﬃcial regulaons governing the use of locomove horns at public highway‐rail grade crossings and the establishment of quiet zones that are contained in 49 CFR Part 222. A copy of the rule can be downloaded or printed at hp://www.fra.dot.gov/eLib/Details/L02809.

About Quiet Zones FRA is commied to reducing the number of collisions at highway‐rail grade crossings, while establishing a consistent standard for communies who opt to preserve or enhance quality of life for their residents by establishing quiet zones within which roune use of train horns at crossings is prohibited. Federal regulaon requires that locomove horns begin sounding 15–20 seconds before entering public highway‐rail grade crossings, no more than one‐quarter mile in advance. Only a public authority, the governmental enty responsible for traﬃc control or law en‐ forcement at the crossings, is permied to create quiet zones. A quiet zone is a secon of a rail line at least one‐half mile in length that contains one or more consecuve public highway‐rail grade crossings at which locomove horns are not rounely sounded when trains are approaching the crossings. The prohibited use of train horns at quiet zones only applies to trains when approaching and entering crossings and does not include train horn use within passenger staons or rail yards. Train horns may be sounded in emergency situaons or to comply with other railroad or FRA rules even within a quiet zone. Quiet zone regulaons also do not eliminate the use of locomove bells at crossings. Therefore, a more appropriate descripon of a designated quiet zone would be a “reduced train horn area.” Communies wishing to establish quiet zones must work through the appropriate public authority that is responsible for traﬃc control or law enforcement at the crossings.

2 Guide to the Quiet Zone Establishment Process

Historical Context

Historically, railroads have sounded locomove horns or whistles in advance of grade crossings and under other circumstances as a universal safety precauon. Some States allowed local communies to create whistle bans where the train horn was not rounely sounded. In other States, communies created whistle bans through informal agreements with railroads.

In the late 1980’s, FRA observed a signiﬁcant increase in nighme train‐vehicle collisions at certain gated highway‐rail grade crossings on the Florida East Coast Railway (FEC) at which nighme whistle bans had been established in accordance with State statute In 1991, FRA issued Emergency Order #15 requiring trains on the FEC to sound their horns again. The number and rate of collisions at aﬀected crossings returned to pre‐whistle ban levels.

In 1994, Congress enacted a law that required FRA to issue a Federal regulaon requiring the sounding of locomove horns at public highway‐rail grade crossings. It also gave FRA the ability to provide for excepons to that requirement by allowing communies under some circumstances to establish "quiet zones."

The Train Horn Rule became eﬀecve on June 24, 2005. The rule set naonwide standards for the sounding of train horns at public highway‐rail grade crossings. This rule changed the criteria for sounding the horn from distance‐based to me‐based. It also set limits on the volume of a train horn. The rule also established a process for communies to obtain relief from the roune sounding of train horns by providing criteria for the establishment of quiet zones. Locomove horns may sll be used in the case of an emergency and to comply with Federal regulaons or certain railroad rules.

3 Guide to the Quiet Zone Establishment Process

Public Safety Consideraons

Because the absence of roune horn sounding increases the risk of a crossing collision, a public authority that desires to establish a quiet zone usually will be required to migate this addional risk. At a minimum, each public highway–rail crossing within a quiet zone must be equipped with acve warning devices: flashing lights, gates, constant warning me devices (except in rare circumstances) and power out indicators. In order to create a quiet zone, one of the following condions must be met 1. The Quiet Zone Risk Index (QZRI) is less than or equal to the Naonwide Significant Risk Threshold (NSRT) with or without addional safety measures such as Supplementary Safety Measures (SSMs) or Alternave Safety Measures (ASMs) described below. The QZRI is the average risk for all public highway‐rail crossings in the quiet zone, including the addional risk for absence of train horns and any reducon in risk due to the risk migaon measures. The NSRT is the level of risk calculated annual‐ ly by averaging the risk at all of the Naon’s public highway‐rail grade crossings equipped with flashing lights and gates where train horns are rounely sounded. 2. The Quiet Zone Risk Index (QZRI) is less than or equal to the Risk Index With Horns (RIWH) with addional safety measures such as SSMs or ASMs. The RIWH is the average risk for all public highway‐rail crossings in the proposed quiet zone when loco‐ move horns are rounely sounded. 3. Install SSMs at every public highway‐rail crossing. This is the best method to reduce to reduce risks in a proposed quiet zone and to enhance safety. SSMs are pre‐approved risk reducon engineering treatments installed at certain public highway‐rail crossings within the quiet zone and can help maximize safety benefits and minimize risk. SSMs include: medians or channelizaon devices, one‐way streets with gates, four quadrant gate systems, and temporary or permanent crossing closures. Exam‐ ples of SSMs are shown on the next page. ASMs are safety systems, other than SSMs, that are used to reduce risk in a quiet zone. ASMs typically are improvements that do not fully meet the requirements to be SSMs and their risk reducon effecveness must be submied in wring and approved by FRA. FRA strongly recommends that all crossings in the quiet zone be reviewed by a diagnosc team. A diagnosc team typically consists of representaves from the public authority, railroad, and State agency responsible for crossing safety and FRA grade crossing managers.

4 Guide to the Quiet Zone Establishment Process

Public Safety Consideraons connued

Examples of SSMs

Crossing Closure Four Quadrant Gate System

Gates with Channelization Devices Gates with Medians

Wayside Horns The train horn rule also provides another method for reducing the impact of roune locomove horn sounding when trains approach public highway‐rail grade crossings. A wayside horn may be installed at highway‐rail grade crossings that have ﬂashing lights, gates, constant warning me devices (except in rare circumstances), and power out indicators. The wayside horn is posioned at the crossing and will sound when the warning devices are acvated. The sound is directed down the roadway, which greatly reduces the noise footprint of the audible warning. Use of wayside horns is not the same as establishing a quiet zone although they may be used within quiet zones.

Cost Consideraons The enabling Federal statute did not provide funding for the establishment of quiet zones. Public authories seeking to establish quiet zones should be prepared to ﬁnance the installaon of SSMs and ASMs used. Costs can vary from $30,000 per crossing to more than $1 million depending on the number of crossings and the types of safety improvements required. Legal Consideraons The courts will ulmately determine who will be held liable if a collision occurs at a grade crossing located within a quiet zone, based upon the facts of each case, as a collision may have been caused by factors other than the absence of an audible warning. FRA’s rule is intended to remove failure to sound the horn as a cause of acon in lawsuits involving collisions that have occurred at grade crossings within duly established quiet zones.

5 Guide to the Quiet Zone Establishment Process

The Quiet Zone Establishment Process

Under the Train Horn Rule, only public authories are permied to establish quiet zones. Cizens who wish to have a quiet zone in their neighborhood should contact their local government to pursue the establishment of a quiet zone. The following is a typical example of the steps taken to establish a quiet zone:

1. Determine which crossings will be included in the quiet zone. All public highway‐rail crossings in the quiet zone must have, at a minimum, an automac warning system consisng of ﬂashing lights and gates. The warning systems must be equipped with constant warning me devices (except in rare circumstances) and power out indicators. The length of the quiet zone must be at least one‐half mile in length.

2. Idenfy any private highway‐rail grade crossings within the proposed quiet zone. If they allow access to the public or provide access to acve industrial or commercial sites, a diagnosc review must be conducted and the crossing(s) treated in accordance with the recommendaons of the diagnosc team.

3. Idenfy any pedestrian crossings within the proposed quiet zone and conduct a diag‐ nosc review of those crossingsy too. The also must be treated in accordance with the diagnosc team’s recommendaons. NOTE: While it is not required by the regulaons, FRA recommends that every crossing within a proposed quiet zone be reviewed for safety concerns.

4. Update the U.S. DOT Crossing Inventory Form to reﬂect current physical and operang condions at each public, private, and pedestrian crossing located within a proposed quiet zone.

5. Provide a Noce of Intent (NOI) to all of the railroads that operate over crossings in the proposed quiet zone, the State agency responsible for highway safety and the State agency responsible for crossing safety. The NOI must list all of the crossings in the proposed quiet zone and give a brief explanaon of the tentave plans for implemenng improvements within the quiet zone. Addional required elements of the NOI can be found in 49 CFR 222.43(b). The railroads and State agencies have 60 days in which to provide comments to the public authority on the proposed plan.

6. Alternave Safety Measures – If ASMs are going to be used to reduce risk, an applicaon to FRA must be made. The applicaon must include all of the elements provided in 49 CFR 222.39(b)(1) and copies of the applicaon must be sent to the enes listed in 49 CFR 222.39(b)(3). They will have 60 days to provide comments to FRA on the applicaon. FRA will provide a wrien decision on the applicaon typically within three to four months aer it is received.

6 Guide to the Quiet Zone Establishment Process

The Quiet Zone Establishment Process connued

7. Determine how the quiet zone will be established using one of the following criteria: (Note that Opons 2 through 4 will require the use of the FRA Quiet Zone Calculator available at hp://safetydata.fra.dot.gov/quiet/.)

1. Every public highway‐rail crossing in the proposed quiet zone is equipped with one or more SSMs.  The Quiet Zone Risk Index (QZRI) of the proposed quiet zone is less than or equal to the Naonwide Signiﬁcant Risk Threshold (NSRT) without installing SSMs or ASMs.  The QZRI of the proposed quiet zone is less than or equal to the Naonwide Signiﬁcant Risk Threshold (NSRT) aer the installaon of SSMs or ASMs.  The QZRI of the proposed quiet zone is less than or equal to the Risk Index with Horns (RIWH) aer the installaon of SSMs or ASMs.

8. Complete the installaon of SSMs and ASMs and any other required improvements determined by the diagnosc team at all public, private, and pedestrian crossings within the proposed quiet zone.

9. Ensure that the required signage at each public, private, and pedestrian crossing is installed in accordance with 49 CFR Secons 222.25, 222.27, and 222.35, and the standards outlined in the Manual on Uniform Traﬃc Control Devices. These signs may need to be covered unl the quiet zone is in eﬀect.

10. Establish the quiet zone by providing a Noce of Quiet Zone Establishment to all of the pares that are listed in 49 CFR Secon 222.43(a)(3). Be sure to include all of the required contents in the noce as listed in 49 CFR Secon 222.43(d). The quiet zone can take eﬀect no earlier than 21 days aer the date on which the Noce of Quiet Zone Establishment is mailed.

***Appendix C to the Train Horn Rule provides detailed, step by step guidance on how to create a quiet zone.***

7 Guide to the Quiet Zone Establishment Process

Required Documentaon

Public authories interested in establishing a quiet zone are required to submit certain documentaon during the establishment process. FRA has provided checklists for the various documents that can be found at hp://www.fra.dot.gov/Elib/Details/L03055. FRA’s Regional Grade Crossing Managers are available to provide technical assistance. A State’s department of transportaon or rail regulatory agency also may be able to provide assistance to communies pursuing quiet zones. Public authories are encouraged to consult with the agencies in their State that have responsibility for crossing safety. Some States may have addional administrave or legal requirements that must be met in order to modify a public highway‐rail grade crossing.

Role of Railroads

Communies seeking to establish a quiet zone are required to send a Noce of Intent and a Noce of Quiet Zone Establishment to railroads operang over the public highway‐rail grade crossings within the proposed quiet zone. Railroad oﬃcials can provide valuable input during the quiet zone establishment process and should be included on all diagnosc teams. Listed below are links to the Class I Railroads and Amtrak.

BNSF Railway (BNSF) Canadian Paciﬁc (CP)

CSX Transportaon (CSX) Norfolk Southern (NS)

Canadian Naonal (CN) Union Paciﬁc (UP)

Kansas City Southern (KCS) Amtrak (ATK)

FINAL NOTE

The information contained in this brochure is provided as general guidance related to the Quiet Zone Establishment Process and should not be considered as a definitive resource. FRA strongly recommends that any public authority desiring to establish quiet zones take the opportunity to review all aspects of safety along its rail corridor. Particular attention should be given to measures that prevent trespassing on railroad tracks since investments made to establish a quiet zone may be negated if the horn has to be routinely sounded to warn trespassers.

8 POINTS OF CONTACT

General Quesons: Inga Toye, 202‐493‐6305 Debra Chappell, 202‐493‐6018

Ron Ries, 202‐493‐6285

Regional Contacts

Region 1 Conneccut, Maine, Massachuses, New Hampshire, New Jersey, New York, Rhode Island, and Vermont 1‐800‐724‐5991

Region 2 Delaware, Maryland, Ohio, Pennsylvania, Virginia, West Virginia , and Washington, D.C. 1‐800‐724‐5992

Region 3 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee 1‐800‐724‐5993

Region 4 Illinois, Indiana, Michigan, Minnesota, and Wisconsin 1‐800‐724‐5040

Region 5 Arkansas, Louisiana, New Mexico, Oklahoma, and Texas 1‐800‐724‐5995

Region 6 Colorado, Iowa, Kansas, Missouri, and Nebraska 1‐800‐724‐5996

Region 7 Arizona, California, Nevada, and Utah 1‐800‐724‐5997

Region 8 Alaska, Idaho, Montana, North Dakota, South Dakota, Oregon, Washington, and Wyoming 1‐800‐724‐5998

9 Rail – Moving America Forward

The mission of the Federal Railroad Administraon is to enable the safe, reliable, and eﬃcient movement of people and goods for a strong America, now and in the future.

U.S. Department of Transportaon Federal Railroad Administraon 1200 New Jersey Avenue S.E. Washington, DC 20590 Telephone: 202‐493‐6299 www.fra.dot.gov

Follow FRA on Facebook and Twier September 2013

10 I. Federal Railroad Administration's Train Horn Rule For everyone’s safety, federal regulation requires locomotive horns be sounded for 15-20 seconds before entering all public grade crossings, but not more than one-quarter mile in advance. This federal requirement preempts any state or local laws regarding the use of train horns at public crossings.

The Federal Railroad Administration (FRA) required pattern for blowing the horn is two long, one short, and one long sounding horn, repeated as necessary until the locomotive clears the crossing. Locomotive engineers retain the authority to vary this pattern as necessary for crossings in close proximity and are allowed to sound the horn in emergency situations.

The federal regulation concerning train horns is officially known as the FRA’s Final Rule on the Use of Locomotive Horns at Highway/Rail Grade Crossings and became effective June 24, 2005.

II. Texas Statutes: Texas Transportation Code, Section 471.006. USE OF BELL AND WHISTLE OR SIREN AT CROSSINGS; OFFENSE. (a) A railway company shall place on each locomotive: (1) a bell weighing at least 30 pounds; and (2) a steam whistle, air whistle, or air siren. (b) The engineer in charge of the locomotive shall ring the bell and blow the whistle or siren at least one-quarter mile from the place where the railroad crosses a public road or street. The engineer shall continue to ring the bell until the locomotive has crossed the road or stopped. (c) The railway company is liable for any damages sustained by a person because of a violation of Subsection (a) or (b). (d) The engineer in charge of the locomotive commits an offense if the engineer violates Subsection (b). An offense under this subsection is a misdemeanor punishable by a fine of not less than $5 or more than $100. (e) Notwithstanding Subsections (a) and (b), the governing body of a municipality having a population of at least 5,000 may regulate by ordinance the ringing of bells and blowing of whistles and sirens within its limits. Compliance with the ordinance is compliance with those subsections and a sufficient warning to the public at a crossing the ordinance affects.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

III. Exceptions: Quiet Zones Federal regulations provide public authorities the option to maintain and/or establish quiet zones provided certain supplemental or alternative safety measures are in place and the crossing accident rate meets FRA standards. There are six types of quiet zones:  A Pre-Rule Quiet Zone (Full or Partial) is a quiet zone that was established before October 9, 1996, and in place as of December 18, 2003. (Cuero does not qualify)  An Intermediate Quiet Zone is a quiet zone that was established after October 9, 1996, but before December 18, 2003. (Cuero does not qualify)  New Quiet Zones are those that do not meet the criteria for Pre-Rule or Intermediate Quiet Zones.  Partial Quiet Zones are quiet zones where the horn is silenced for only a portion of the day, typically between the hours of 10 p.m. and 7 a.m.  Full Quiet Zones are zones where the horn is silenced 24 hours per day. In line with federal regulations, public authorities wanting to maintain Pre-Rule or Intermediate Quiet Zones were required to submit a Notice of Continuation in accordance with the rule by June 3, 2005. Failure to comply with this requirement will result in the sounding of the train horn beginning Friday, June 24, 2005, and continuing for 21 days from the date the Notice of Continuation is properly filed. (Does not apply to Cuero – no Pre-Rule or Intermediate Quiet Zones)

Public authorities wishing to establish New Quiet Zones must submit Notices of Intent and Establishment in accordance with the rule. Public authorities should refer to the Final Rule for specific guidelines on the quiet zone establishment process. The Final Rule and FRA explanatory materials can be found on the FRA’s website.

The Final Rule outlines two types of safety improvement options for upgrading a quiet zone to meet FRA safety standards:  Supplemental Safety Measures (SSMs) or  Alternative Safety Measures (ASMs).

Supplemental Safety Measures include the following:  Four-Quadrant Gate Systems  Medians or Channelization Devices  One-Way Streets with Gates  Permanent Closure

Alternative Safety Measures include:  Modified SSMs (i.e. Non-Complying Medians, Three-Quadrant Gates, etc.)  Engineered ASMs (i.e. Geometric Improvements)  Non-Engineered ASMs (i.e. Programmed Enforcement, Photo Enforcement, Education, etc.)

IV. Creating a New Quiet Zone Using SSMs

1. Select the crossings to be included in the New Quiet Zone. 2. A Quiet Zone may include highway-rail grade crossings on a segment of rail line crossing more than one political jurisdiction, or there may be roads within a particular area that are the responsibility of different entities (State or county roads within a town, for example). If the selected crossings are the responsibility of more than one entity, obtain the cooperation of all relevant jurisdictions. 3. A New Quiet Zone must be at least ½ mile in length along the railroad tracks. 4. A New Quiet Zone must have, at a minimum, flashing lights and gates in place at each public crossing. These must be equipped with constant warning time devices where reasonably practical, and power out indicators. Any necessary upgrades must be completed before calculating risk for the quiet zone. 5. Are there any private crossings within the proposed Quiet Zone? If any private crossings allow access to the public or provide access to active industrial or commercial sites, you must conduct a diagnostic team review of those crossings. Following the diagnostic review, you must comply with the diagnostic team’s recommendations concerning those crossings. 6. Update the USDOT Grade Crossing Inventory Form to reflect conditions at each public and private crossing; this update should be complete, accurate, and dated within 6 months prior to the Quiet Zone implementation. For instructions on how to complete the update, see the FRA website at http://www.fra.dot.gov/Content3.asp?P=801.

7. Using the FRA’s Quiet Zone Calculator, a web-based tool that can be found at http://safetydata.fra.dot.gov/quiet/ , determine whether the Quiet Zone Risk Index (QZRI) of the proposed Quiet Zone is less than or equal to the Nationwide Significant Risk Threshold (NSRT). If the QZRI is less than or equal to the NSRT, you can establish the Quiet Zone through public authority designation by completing the following steps: a. Install required signage at each crossing. (Refer to rule sections 222.25 and 222.35 for details.) b. Notify the parties listed in the rule. (Refer to rule section 222.43 for details.)

For New Quiet Zones, the baseline conditions for calculating risk require that the minimum required traffic control devices are in place. This first Inventory update, therefore, must be completed after the gates, lights, and signs are in place, but before the SSMs and other measures are implemented.

Note: Quiet Zones established by comparison to the NSRT are subject to annual FRA review. (Refer to rule section 222.51 for details.) Note: Periodic updates, including updated USDOT Grade Crossing Inventory Forms, must be submitted to FRA every 2.5-3 years. (Refer to rule section 222.47 for details.)

8. The step described above involves qualifying a quiet zone without implementing any Supplementary Safety Measures (SSMs) or Alternative Safety Measures (ASMs). If FRA’s Quiet Zone Calculator indicates that the proposed quiet zone will not qualify on that basis, install any measures that are needed. To qualify for Public Authority Designation, you must implement SSMs, build grade separations, close crossings, or install wayside horns.

Note: If you would like to implement any ASMs, their use must be approved in advance by FRA, in accordance with Appendix B of the rule. For guidance on ASM use, see Section IV, Creating Quiet Zones using Engineering Alternative Safety Measures (modified SSMs) or Section V, Creating Quiet Zones using Non-engineering Alternative Safety Measures.

9. If every public crossing in the proposed Quiet Zone is equipped with one or more SSMs, you can establish the Quiet Zone through public authority designation by completing the following steps:

a. Install required signage at each crossing. (Refer to rule sections 222.25 and 222.35 for details.) b. Update the National Grade Crossing Inventory to reflect current conditions at each public and private crossing within the Quiet Zone. c. Notify the parties listed in the rule. (Refer to rule section 222.43 for details.)

Note: Periodic updates, including updated USDOT Grade Crossing Inventory Forms, must be submitted to FRA every 4.5-5 years. (Refer to rule section 222.47 for details.)

10. If every public crossing is not equipped with an SSM, use FRA’s Quiet Zone Calculator to determine whether enough SSMs have been implemented to reduce the QZRI to the level of risk that would exist if the train horns were still sounded (RIWH). The Quiet Zone Calculator can be found at http://safetydata.fra.dot.gov/quiet/. If the QZRI is less than or equal to the RIWH, you can establish the Quiet Zone through public authority designation by completing the following steps:

11. Use FRA’s Quiet Zone Calculator to determine whether enough SSMs have been implemented to reduce the QZRI to the Nationwide Significant Risk Threshold (NSRT). The Quiet Zone Calculator can be found at http://safetydata.fra.dot.gov/quiet/. If the QZRI is less than or equal to the current NSRT, you can establish the Quiet Zone through public authority designation by completing the following steps: a. Install required signage at each crossing. (Refer to rule sections 222.25 and 222.35 for details.) b. Update the National Grade Crossing Inventory to reflect current conditions at each public and private crossing within the Quiet Zone. c. Notify the parties listed in the rule. (Refer to rule section 222.43 for details.)

Note: Quiet Zones established by comparison to the NSRT are subject to annual FRA review. (Refer to rule section 222.51 for details.)

Note: Periodic updates, including updated USDOT Grade Crossing Inventory Forms, must be submitted to FRA every 2.5-3 years. (Refer to rule section 222.47 for details.)

V. General Costs of Safety Measures

Establishing quiet zones not only creates a public safety risk but also is a potential cost burden to taxpayers. Public authorities are responsible for the cost of preliminary engineering, construction, maintenance and replacement of active warning devices or their components, including wayside horn systems installed at crossings to meet quiet zone standards.

Public authorities are required to guarantee reimbursement to the railroad for all actual costs associated with the installation and maintenance of the railroad improvements required for the quiet zone by means of a project agreement executed by the parties. This may include quiet zone warning devices, wayside horns or both.

Examples of costs (per crossing as estimated):

Median Barrier. In order to prevent drivers from deliberately driving around lowered railroad gates, a median barrier may be placed along the centerline of a roadway. A median barrier should project at least 100 feet in advance of the crossing gate on each side of the tracks. In certain cases, the median may be only 60 feet in length. The median barrier is the preferred quiet zone SSM device because it is the least expensive to install and maintain. It typically may be used unless there is an intersecting street or driveway nearby that will not allow sufficient length for a median to be placed. Typical cost range: $15,000-$30,000.

Wayside Horn System. Wayside horns may be used in lieu of the locomotive train horn. This device is a set of roadside mounted speakers that emit a train horn sound only in the vicinity of the crossing and directed toward the roadway. A dramatically smaller portion of the neighborhood hears this horn noise sound. The system includes a confirmation for the train engineer that provides an indication that the wayside horn system is functional. Typical cost range: $60,000-$80,000.

Four-Quadrant Gate System. The use of four sets of gates blocks vehicle passage on the entire roadway and effectively prohibits a motorist from driving around the gate. Typically, all four gates are lowered at the same time; however, as an additional safety feature, if a car is on the tracks the departure gate will raise until the car leaves the track area. Vehicle sensors installed in the roadway at the crossing will automatically keep the gates raised until the car passes by. Typical cost range: $150,000-$500,000

Street Closure. A street closure eliminates the railroad crossing thereby removing the need for a train horn. If the street is not necessary for local needs or for emergency service vehicle access, and other nearby streets are suitable to provide traffic circulation, then the street can be considered for closure. Typical cost range $10,000 to $200,000. A closure may entail the installation of one barricade on each side of the track. However, some streets will require a cul-de-sac and right- of-way acquisition, which will increase the cost significantly.

Possible funding for City of Cuero railroad projects may be accomplished with Capital Improvement Project (CIP) funds, federal grant programs, or developer or private contributions. CIP Railroad Program funds and grant programs are intended to support projects initiated by the city. A private entity may initiate a quiet zone project at the City, and fund the project in its entirety. If a private entity provides complete project funding for installation and maintenance, then the project will be prioritized for installation.

Section I. Pre-Rule Quiet Zones: Qualifying for Automatic Approval (Chart 1A)

1. Identify all the crossings you wish to include as part of the proposed Quiet Zone (QZ).

2. Check whether each crossing qualifies as a pre-rule crossing (horns not sounding on October 9, 1996 and December 18, 2003 because of state/local law or community agreement with the railroads). If all crossings do not qualify as pre- rule crossings, then the proposed quiet zone does not qualify as a Pre-Rule QZ, and you should refer to Section III, New Quiet Zones.

3. Determine whether you wish to eliminate any crossings from the proposed QZ. The length of a Pre-Rule QZ may continue unchanged from that which existed on October 9, 1996. If, however, you choose to eliminate a crossing, the QZ must be at least ½ mile in length along the railroad tracks.

4. A QZ may include highway-rail grade crossings on a segment of rail line crossing more than one political jurisdiction, or there may be roads within a particular area that are the responsibility of different entities (State or county roads within a town, for example). If the selected crossings are the responsibility of more than one entity, obtain the cooperation of all relevant jurisdictions.

5. Update the USDOT Grade Crossing Inventory Form to reflect conditions at each public and private crossing; this update should be complete, accurate, and be dated within 6 months prior to the QZ implementation. For instructions on how to complete the update, see the FRA website at http://www.fra.dot.gov/eLib/details/L02730.

6. If each public crossing in the proposed QZ is equipped with one or more Supplementary Safety Measures (SSMs) as defined in Appendix A of the Rule, the QZ qualifies for Automatic Approval. To complete the process of creating the QZ, notify the parties listed in rule section 222.43 by December 18, 2004.

Note: Once the QZ has been created, install the required signage by December 18, 2006. (Refer to rule sections 222.25 and 222.35 for details.)

Note: Periodic updates, including updated USDOT Grade Crossing Inventory Forms, must be submitted to FRA every 4.5-5 years. (Refer to rule section 222.47 for details.)

7. If every public crossing is not equipped with at least one SSM, then the QZ can automatically qualify by comparing its Quiet Zone Risk Index (QZRI) with the Nationwide Significant Risk Threshold (NSRT). However, these QZs are subject to annual review by the FRA. Disclaimer: This summary of the interim final rule is for informational purposes only. Entities subject to the interim final rule should refer to the rule text as published in the Federal Register on December 18, 2003. Should any portion of this summary conflict with the interim final rule, the language of the interim final rule shall govern.

8. Using the FRA’s Quiet Zone Calculator, a web-based tool that can be found at http://safetydata.fra.dot.gov/quiet/ , determine whether the QZRI of the proposed QZ is less than or equal to the NSRT. If the QZRI is less than or equal to the NSRT, the QZ qualifies for Automatic Approval. Notify the parties listed in rule section 222.43 by December 18, 2004.

Note: Once the quiet zone has been created, install the required signage by December 18, 2006. (Refer to rule sections 222.25 and 222.35 for details.)

Note: Periodic updates, including updated USDOT Grade Crossing Inventory Forms, must be submitted to FRA every 2.5-3 years. (Refer to rule section 222.47 for details.)

9. If the QZRI is greater than the NSRT, use the FRA’s Quiet Zone Calculator to check whether it is less than twice the NSRT. If the QZRI is more than twice the NSRT, the QZ cannot qualify for Automatic Approval. For information on how to proceed, see Section II, Pre-Rule Quiet Zones Not Qualified for Automatic Approval.

10. If the QZRI is greater than the NSRT, but less than twice the NSRT, determine whether any of the public crossings have experienced a “relevant collision” on or after December 18, 1998. (See rule section 222.9 for the definition of a “relevant collision.”) If there have not been any “relevant collisions” at any public crossing since December 18, 1998, the QZ qualifies for Automatic Approval. Notify the parties listed in rule section 222.43.

Note: Once the quiet zone has been created, install the required signage by December 18, 2006. (Refer to rule sections 222.25 and 222.35 for details.)

Note: Periodic updates, including updated USDOT Grade Crossing Inventory Forms, must be submitted to FRA every 2.5-3 years. (Refer to rule section 222.47 for details.)

11. If the QZRI is greater than the NSRT, but less than twice the NSRT, and there has been a “relevant collision” at a public crossing within the proposed QZ, the QZ cannot qualify for Automatic Approval. For information on how to proceed, see Section II, Pre-Rule Quiet Zones Not Qualified for Automatic Approval.

Disclaimer: This summary of the interim final rule is for informational purposes only. Entities subject to the interim final rule should refer to the rule text as published in the Federal Register on December 18, 2003. Should any portion of this summary conflict with the interim final rule, the language of the interim final rule shall govern.

Section II. Pre-Rule Quiet Zones Not Qualified for Automatic Approval (Chart 1B)

1. Review Section I, Pre-Rule Quiet Zones: Qualifying for Automatic Approval, to confirm that the proposed Pre-Rule Quiet Zone does not qualify for Automatic Approval.

2. If each crossing qualifies as a pre-rule crossing (horns not sounding on October 9, 1996 and December 18, 2003 because of state/local law or community agreement with the railroads), send notice of continuation of the quiet zone to all parties by December 18, 2004. (Refer to rule section 222.43 for details.)

Note: If you eliminated any pre-rule crossings to create the proposed Quiet Zone, the Quiet Zone must be at least ½ mile in length along the railroad tracks.

3. Submit to FRA a detailed plan for establishing a quiet zone before December 18, 2006. This plan should include a timetable for the implementation of safety improvements. If you intend to implement ASMs, the plan should include a completed application for FRA approval of their use. If a detailed plan is not been submitted by December 18, 2006, the quiet zone will terminate. (Refer to rule section 222.41 for details.)

Note: Since the proposed quiet zone does not qualify for Automatic Approval, any SSMs and ASMs used must be implemented in accordance with rule section 222.39.1

Note: For guidance on ASM use, see Section IV, Creating Quiet Zones using Engineering Alternative Safety Measures (modified SSMs) and Section V, Creating Quiet Zones using Non-engineering Alternative Safety Measures.

Note: Required signage must also be installed by December 18, 2006. (Refer to rule sections 222.25 and 222.35 for details.)

4. Install SSMs and/or traffic control device upgrades as necessary to reduce risk within the proposed quiet zone.

5. If every public crossing in the proposed Quiet Zone is equipped with one or more SSMs as defined in Appendix A of the Rule, you can establish the proposed Quiet Zone through public authority designation by completing the following steps:

1 Although the requirements for implementation of SSMs and ASMs must be in accord with rule section 222.39, the Pre-Rule Quiet Zone requirements covering minimum length and traffic control devices remain in effect for these crossings. Disclaimer: This summary of the interim final rule is for informational purposes only. Entities subject to the interim final rule should refer to the rule text as published in the Federal Register on December 18, 2003. Should any portion of this summary conflict with the interim final rule, the language of the interim final rule shall govern.

a. Complete the planned improvements by December 18, 2008,2

b. Update the USDOT Grade Crossing Inventory Form.

c. Notify the parties listed in the rule. (Refer to rule section 222.43 for details.)

Note: Periodic updates, including updated USDOT Grade Crossing Inventory Forms, must be submitted to FRA every 4.5-5 years. (Refer to rule section 222.47 for details.)

6. Using the FRA’s Quiet Zone Calculator, a web-based tool that can be found at http://safetydata.fra.dot.gov/quiet/, determine whether the implementation of SSMs, ASMs, and/or traffic control devices will reduce the QZRI of the proposed Pre-Rule Quiet Zone to the level of risk that would exist if the train horns were still sounded (RIWH). If the QZRI will be less than or equal to the RIWH, you can establish the Quiet Zone through public authority designation by completing the following steps:

a. Complete the planned improvements by December 18, 2008,2

b. Update the USDOT Grade Crossing Inventory Form.

c. Notify the parties listed in the rule. (Refer to rule section 222.43 for details.)

Note: Periodic updates, including updated USDOT Grade Crossing Inventory Forms, must be submitted to FRA every 2.5-3 years. (Refer to rule section 222.47 for details.)

7. Using the FRA’s Quiet Zone Calculator, a web-based tool that can be found at http://safetydata.fra.dot.gov/quiet/, determine whether the implementation of SSMs, ASMs, and/or traffic control devices will reduce the QZRI of the proposed Pre-Rule Quiet Zone to the Nationwide Significant Risk Threshold (NSRT). If the QZRI will be less than or equal to the current NSRT, you can establish the Quiet Zone through public authority designation by completing the following steps:

a. Complete the planned improvements by December 18, 2008.2

b. Update the USDOT Grade Crossing Inventory Form.

2 If the State is involved in the development of Quiet Zones, then the date for completion is extended an additional 3 years.

c. Notify the parties listed in the rule. (Refer to rule section 222.43 for details.)

Note: Quiet Zones established by comparison to the NSRT are subject to annual FRA review. (Refer to rule section 222.51 for details.)

Note: Periodic updates, including updated USDOT Grade Crossing Inventory Forms, must be submitted to FRA every 2.5-3 years. (Refer to rule section 222.47 for details.)

Section III. Creating a New Quiet Zone Using SSMs (Chart 2)

1. Select the crossings to be included in the New Quiet Zone.

2. A Quiet Zone may include highway-rail grade crossings on a segment of rail line crossing more than one political jurisdiction, or there may be roads within a particular area that are the responsibility of different entities (State or county roads within a town, for example). If the selected crossings are the responsibility of more than one entity, obtain the cooperation of all relevant jurisdictions.

3. A New Quiet Zone must be at least ½ mile in length along the railroad tracks.

4. A New Quiet Zone must have, at a minimum, flashing lights and gates in place at each public crossing. These must be equipped with constant warning time devices where reasonably practical, and power out indicators. Any necessary upgrades must be completed before calculating risk for the quiet zone.

5. Are there any private crossings within the proposed Quiet Zone? If any private crossings allow access to the public or provide access to active industrial or commercial sites, you must conduct a diagnostic team review of those crossings. Following the diagnostic review, you must comply with the diagnostic team’s recommendations concerning those crossings.

6. Update the USDOT Grade Crossing Inventory Form to reflect conditions at each public and private crossing; this update should be complete, accurate, and dated within 6 months prior to the Quiet Zone implementation3. For instructions on how to complete the update, see the FRA website at http://www.fra.dot.gov/Content3.asp?P=801.

a. Install required signage at each crossing. (Refer to rule sections 222.25 and 222.35 for details.)

b. Notify the parties listed in the rule. (Refer to rule section 222.43 for details.)

3 For New Quiet Zones, the baseline conditions for calculating risk require that the minimum required traffic control devices are in place. This first Inventory update, therefore, must be completed after the gates, lights, and signs are in place, but before the SSMs and other measures are implemented. Disclaimer: This summary of the interim final rule is for informational purposes only. Entities subject to the interim final rule should refer to the rule text as published in the Federal Register on December 18, 2003. Should any portion of this summary conflict with the interim final rule, the language of the interim final rule shall govern.

Note: Quiet Zones established by comparison to the NSRT are subject to annual FRA review. (Refer to rule section 222.51 for details.)

Note: Periodic updates, including updated USDOT Grade Crossing Inventory Forms, must be submitted to FRA every 2.5-3 years. (Refer to rule section 222.47 for details.)

9. If every public crossing in the proposed Quiet Zone is equipped with one or more SSMs, you can establish the Quiet Zone through public authority designation by completing the following steps:

a. Install required signage at each crossing. (Refer to rule sections 222.25 and 222.35 for details.)

b. Update the National Grade Crossing Inventory to reflect current conditions at each public and private crossing within the Quiet Zone.