07-16-197411~
PUBLIC HEARING OF THE CITY COUNCIL
JULY 16, 1974
A Public Hearing was held by the City Council in the Council
Chambers, 608 Live Oak Road, July 16, 1974 at 7:02 P.M. with
the following members present. Mayor Bueker presiding;
Councilmembers Seeba, Schwartz, Funk, Koch and Koo1e.
The Public Hearing was held pursuant to the proposed
annexation of the following parcels of land:
1. A 71.65 Acre tract of land out of the John
Nelson, Edwin Woodruff, C.P. Abbott and Rafael
Garza Surveys in Corral County, Texas.
2. A 112.288 Acre tract of land out of the R. Martin
and V.F. Walker, Jas. N. Richardson, R. Garza, P.
Kreiner, G.G.N.R.R. & C.P. Abbott Surveys in
Guadalupe County, Texas,
A gentleman from the audience asked for the property owners
names concerning the second proposed annexation. Mayor Bueker
outlined the area on a map and gave owners names that were
available.
There being no further questions from the audience on the two
proposed annexations listed above, Mayor Bueker declared the
hearing closed at 7:07 P.M.
Ma~~or, City of Schertz
ATTEST:
' y Secretary, City o Sc ertz
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REGULAR MEETING OF THE CITY COUNCIL
JULY 16, 1974
The Schertz City Council convened in Regular Session
Tuesday, July 16, 1974 at 7:07 P.M. in the Council Chambers,
608 Live Oak Road with. Mayor Bueker present and presiding;
Councilmembers Robert Schwartz, Donald Seeba, Bobbie Koch,
Nell Funk, and Tom Koole. Also present City Manager Denny
Arnold, City Secretary June Krause, City Engineer Howard
Gaddis and Attorney for the City Richard Harris.
~~1 APPROVAL OF MINUTES: A. Mr. Koo1e requested to
include in the minutes of
July 2, 1974, that when the vote was taken on the motion
by Mrs. Funk to adopt a Resolution stating the motion for
approval on the GVEC requested rate increase, Mr. Koole had
left the meeting to go to work and was not available to vote.
Mrs. Funk moved to accept the minutes of the regular meeting
of July 2, 9 as amended. Mr. Seeba seconded the motion
which carried with the following vote:
Ayes: Mrs. Funk, Mr. Seeba, Mr. Schwartz, Mrs. Koch
and Mr. Koole.
Nays: None.
B. Mr. Seeba moved to accept the minutes of the Special
meeting of July 9, 1974 as presented. Mrs. Funk seconded
the motion which carried with the following vote:
Ayes: Mr. Seeba, Mrs. Funk, Mr. Schwartz, Mrs. Koch,
and Mr. Koole.
Nays: None.
~~2 HEARING OF RESIDENTS: Mr. Scott asked how GVEC
arrived at the 49I~ increase,
stating his electric bill has been steadily rising since
last December. Mayor Bueker explained the fuel adjustment
charges were commenced in October of last yeax and would
account for his bills being higher. Then Mx. Scott wanted
to know if anyone on the Council was employed by GVEC. Mr.
Schwartz answered by saying he was.
Mr. Booker asked the Council what kind of increase they had
approved with GVEC. Council explained they approved a rate
schedule which would vary according to quantity of customer
use. Mr. Arnold read rate comparisons for old and new rates;
explaining that both the Valley News and Weekly Herald have
explanations of the new rates in the current issues.
~~3 ORDINANCE: The Mayor explained the functions of the
Board of Equalization and introduced the
hereinafter set forth ordinance which has been read and
considered at the meeting of the City Council of the 4th
day of June, 1974 .
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Whereupon said ordinance was discussed and further considered
by the Council.
Thereupon it was moved by Councilwoman Koch and seconded b,~
Councilwoman Funk that said ordinance be finally passed and ~"
adopted. The Mayor put the motion to a vote of the members
of the City Council and the ordinance was finally passed
and adopted by the following vote:
Ayes: All Councilmembers present voted "Aye".
Nays: None
ORDINANCE N0. 74-T-27
APPOINTING A BOARD OF EQUALIZATION FOR THE
CITY OF SCHERTZ, TEXAS AND FIXING THE TIME
FOR THE MEETING OF SUCH BOARD.
~~4 CONFLICT OF INTEREST: Mayor Bucker turned the floor
over to Mr. Koole read Section
12.01, Article X11 of the Home Rule Charter entitled "Personal
Financial Interest". Mr. Koole, in addition to other state-
ments, read the following:
"T0: CITY COUNCIL, CITY OF SCHERTZ, TEXAS
A petition for recall of Council Member Robert E. Schwartz is
hereby submitted. Specific charges set out against Council
Member Schwartz are:
1. That on September 25, 1973, Councilman Schwartz did make
known his intent to apply for a position with GVEC, that accept-
ance of such a position may constitute a conflict of interest
and that he would be willing to resign his City Council seat
should the position with GVEC, ixz fact, create a conflict of
interest. This position was described as Office Manager in
Seguin, Texas, and is contained in the legal minutes of the
City of Schertz, Texas. A conflict of interest did occur on
July 2, 1974, during a preliminary hearing for a proposed
rate hike in electric rates by GVEC. Councilman Schwartz did,
on July 2, 1974, cast the decisive vote granting a rate hike
of 49Io in the base rate charge for electrical services. I
charge that Councilman Schwartz placed himself, by reason of
job position with GVEC, in a compromising position of being
unable to act in the best interests of two parties (the City
of Schertz, Texas, and GVEC), in the settlement of contract
negotiations and did, by his action on that night possess a
"conflict of interest" with his position as Councilman, City
of Schertz, by acting in behalf of GVEC and without due con-
sideration, as provided by City Charter, for the citizens of
Schertz, Texas.
2. That Councilman Schwartz abused his elected office by
advocating the bid award on the City of Schertz Pension Plan
be awarded to Tri-City Insurance Company. Initial bids by
three companies on this award were tabled by the motion of
~ ~ ~~
Councilman Schwartz on November 20, 1973, to allow for a
"re-evaluation of binds", On January I5, 1974, Banker's
Life was authorized as the company to carry the Pension
Plan. On April 2, 1974, Councilman Schwartz again motioned
for the award to Tri-City Insurance Company with Mr. Bruce
Bernard as agent. Mr. Bruce Bernard is the son of Mr.
George Bernard, local director of GVEC. A lucrative, lo?-ig-
standing, insurance policy was pushed by Councilman Schwartz
to Tri-City Insurance Company with the full knowledge of the
personal relationship existing between the Tri-City Insurance
Company agent and the local head of GVEC who employs
Mr. Schwartz.
Mr. Schwartz categorically denied all charges of con-
flict of interest brought by Mr. Koole.
Mrs. Funk stated that if Mr. Schwartz is going to be recalled,
it should be filed in accordance with Section 10.02 of the
City Charter, namely, five qualified voters should carry their
Bill of Particulars to the City Secretary and file such action
and let the citizens of the City sign the petition if they
so desire. Mrs. Funk said she did not believe it was up to
these five members of the Council and the Mayor but up to the
voting body of the city.
Mayor Bueker said the course of action is laid out for
whatever conflict of interest Mr. Koole might want to pursue
from this point.
~~5 RECREATION: Mr. Bob Strange addressed the Council
on Youth activities in Schertz. A
new organization has been formed called "Buffalo Valley
Youth Association" which will eventually have programs for
all the young people of our area including baseball, volley
ball, socker, basket ball, and any other sports that would
interest the kids in the City.
~~6 SCHAEFER ROAD RURAL WATER SYSTEM: Mar°or Bueker said
he has had calls
from J r. Rumpf, president of Schaefer Road and feels the
Council should give them a decision concerning the purchase
or management of their system. City Engineer Gaddis and
Attorney Harris both agree it is an extremely good system
and well run. Mr. Harris did say it would not be to
Schertz advantage at this time to purchase because of the
bond election coming up soon. But he feels the system will
eventually be taken over by Schertz.
Mrs. Koch moved that in lieu of the Budget study coming up
and being on the verge of studing and taking a good look at
our budget, that taking over the Schaefer line be reconsidered
after January 1975.
Mayor Bueker said Schaefer Road Board-would like to get out
from under the management at this time and would like a
yes or no answer now.
11J
Mr. Patterson, Utilities Supt., said possibly one man could
take care of the system but we do not have the manpower or
equipment to do this job.
Mrs. Koch withdrew her motion.
Council listed several items on which they require clarification
before a decision could be made and ask Mr. Arnold to contact
Schaefer Road Rural Water System Board for the answers.
Mrs. Funk moved to table this subject until Council can get
clarification on the items in question. Mr. Seeba seconded
the motion which carried with the following vote:
Ayes: Mrs. Funk, Mr. Seeba, Mrs. Koch, Mr. Schwartz
and Mx. Koole.
Nays: None.
~~7 RITTIMANN WATER SYSTEM:
might have concerning the water
the maximum line size is 3" and
operable at this time. It is a
could not adequately be chorina
Mrs. Rittimann was present to
answer any questions the Council
system. Mr. Patterson explained
there is a well that is not
very shallow ~.~ell and probably
ted.
After thorough discussion by the Council, Mrs. Koch moved the
Council allow Mr. Gaddis, City Engineer, to proceed with an
inspection of the system and bring his recommendations back to
the Council. The motion was ueconded by Mr. Seeba and carried
by the following vote:
Ayes: Mrs. Koch, Mr. Seeba, Mr. Schwartz, Mrs. Funk and
Mr. Koole.
Nays: None.
~~8 PLANNING & ZONING MINUTES: Mr. Schwartz moved to
accept the minutes of the
Planning & Zoning meeting of July 10, 1974 as presented.
Mr. Seeba seconded the motion which carried with the following
vote:
Ayes: Mr. Schwartz, Mr. Seeba, Mrs. Koch, Mrs. Funk and
Mr. Koole.
Nays: None.
There was Council discussion concerning the sanitation facilities
for the portable roller rink to go in behind Burow's barber shop.
Mr. Arnold advised the State Health Department cannot require
restrooms because the charges are on an hourly basis.
~~9 GENERAL DISCUSSION: There were no items to be discussed
at this time.
,~~10 PREVIOUSLY TABLED SUBJECTS: (3) Annexations.
Mr. Harris was asked to
120
give the Council a legal opinion concerning de-annexation of
land by the City.
Mr. Koole left the meeting at 10:08 P.M. to go to work.
Council also discussed the bestway to proceed concerning
the annexation of the parcel of land encompassing Mobile
Villa Estates and EI Rancho Mobile Home Park. It was
Council decision to annex by petition.
Mayor Bueker read a letter from Mayor Charles W. Johnstone
of Universal City commending Sergeant Jerry Marin for the
professionalism displayed when assisting the Universal City
Police on June 20, 1974.
Mr. Arnold briefed the Council concerning the n~mmerous
calls he has been getting with reference to the small
drainage problems throughout the City. With Council approval,
Mr. Gaddis will bring cost figures to the Council for cor-
rection of these problems.
Mr. Arnold read a draft of the contract as drawn by
Mr. Harris between the City of Schertz and SAFES for
operation of the concession stand at H.P, Thulemeyer Park.
Mayor Bueker read a certificate from the Air Training
Command certifying that Chief Eugene Schoonover was awarded
a certificate in recognition of his contribution to the
safety and welfare of the personnel assigned to the Air
Force Military Training Center, Lackland AFB, Texas.
Mrs. Funk moved the meeting be adjourned at 10:48 P,M.
Mr. Seeba seconded the motion which passed unanimously.
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r-..~
Mayor, City o Schertz
ATTEST:
C' Secretary, City of Schertz