08-04-2015 Agenda with backupCity Council Agenda
REGULAR SESSION CITY COUNCIL
AUGUST 4,2015,6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
City of Schertz Core Values
Do the right thing
Do the best you can
Treat others the way you would want to be treats
Work together cooperatively as a tea
Cali to Order — City Council Regular Session
Opening Praver and Pledges of Allegiance to the Flays of the United States and State of
Texas. (Councilmember Azzoz)
A. Appointment of the Mayor Pro -Tem - Consideration and /or action appointing
the next Mayor Pro -Tem for a term August 2015 to February 2016
(Councilmember Fowler is next up to serve)
B. Mayor Pro -Tem Oath of Office — Oath of Office administered to
Councilmember Jim Fowler. (Mayor Carpenter to administer oath)
City Events and Announcements
• Announcements of upcoming City Events ( /B. James /D. Wait /B. Cantu)
Announcements and recognitions by City Manager (J. Kessel)
Employee Recognition
• Recognition regarding Emergency Vehicle Training Certification. (D. Wait/Fleet
Department)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person
should fill out the speaker's register prior to the meeting. Presentations should be limited to
no more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while
addressing the Council may be requested to leave the meeting.
08 -04 -2015 Council Agenda
Discussion by the Council of any item not on the agenda shall be limited to statements of
specific factual information given in response to any inquiry, a recitation of existing policy in
response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding
officer, during the Hearing of Residents portion of the agenda, will call on those persons who
have signed up to speak in the order they have registered.
Workshop
• Presentation and discussion regarding the Class & Compensation Study prepared by
Evergreen Solutions. (J. Kessel /Evergreen Solutions)
• Presentation and discussion of the FY 2015 -16 Proposed Budget. (J. Kessel/ J.
Walters)
Consent Agenda Items
The Consent Agenda is considered self - explanatory and will be enacted by the Council with
one motion. There will be no separate discussion of these items unless they are removed
from the Consent Agenda upon the request of the Mayor or a Councilmember.
I. Minutes - Consideration and /or action regarding the approval of the minutes of the
Regular Meeting of July 28, 2015. (J. Kessel/B. Dennis)
2. Ordinance No. 15 -E -22 — Consideration and /or action approving an Ordinance
calling a General and Special Election to be held in the City of Schertz on November
3, 2015 for the purpose of electing Councilmembers for Places 3, 4 and 5 and calling
a Home Rule Charter Amendment Election to be held in the City on such date;
making provision for the conduct of the election; authorizing contracts with the
Elections Administrators of Bexar and Guadalupe Counties to conduct this election;
authorizing the election to be held as a Joint Election. Final Reading (B. Dennis /C.
Zech /Council)
3. Ordinance No. 15 -E -23 — Consideration and /or action approving an Ordinance
calling a Bond Election to be held in the City of Schertz, Texas; making provision for
the conduct of a Joint election; and resolving other matters incident and related to
such election. Final Reading (B. Dennis /J. Kuhn/Council)
4. Ordinance No. 15 -C-21 — Consideration and/or action approving an Ordinance
amending the Schertz Code of Ordinances, Chapter 30, Fire Prevention and
Protection, by repealing existing International Codes and adopting new International
Codes and adopting the revised Schertz Code of Ordinance, Chapter 30, Fire
Prevention and Protection. Final Reading D. Wait /D. Covington /J. Perry)
08 -04 -2015 City Council Agenda Page - 2 -
Discussion and Action items
5. Resolution No. 15 -R -70 Property Tax Rate — Consideration and/or action
approving a Resolution taking a Record Vote on setting the Preliminary Maximum
Tax Rate for FY 2015 -16 and Scheduling of Public Hearings on the proposed tax rate.
(J. Kessel /J. Walters)
6. Resolution No. 15 -R -67 - Schertz Seguin Local Government Corporation (SSLGC)
Fiscal Year 2015 -16 Annual Budget SSLGC Resolution # SSLGC #SSLGC R -15-
06 - Consideration and /or action approving the Schertz Seguin Local Government
Corporation (SSLGC) FY 2015 -16 Budget. (D. Wait /S. Willoughby /A. Cockerell)
7. Resolution No. 15 -R -68 - Schertz Seguin Local Government Corporation
(SSLGC) Fiscal Year 2015 -16 Water Rates SSLGC Resolution # SSLGC
#SSLGC R -15 -07 - Consideration and/or action approving the Schertz Seguin Local
Government Corporation (SSLGC) FY 2015 -16 Water rates. (D. Wait /S.
Willoughby /A. Cockerell)
8. Resolution No. 15 -R -69 — Consideration and/or action approving a Resolution
authorizing a Management Services Agreement with Schertz Seguin Local
Government Corporation (SSLGC). (D. Wait /S. Willoughby /A. Cockerell)
9. Ordinance No. 15 -S -24 — Conduct a public hearing and consideration and /or action
PH approving an Ordinance amending Part III, Schertz Code of Ordinances, Unified
Development Code (UDC), Article 9 Section 21.9.5 Exterior Construction and Design
Standards. First Reading (B. James /L. Wood/B. Cox)
Roll Call Vote Confirmation
Requests and Announcements
10. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
11. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
12. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
08 -04 -2015 City Council Agenda Page - 3 -
Adiournment
CERTIFICATION
I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO
HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON
THE OFFICIAL BULLETIN BOARDS ON THIS THE 31ST DAY OF JULY 2015 AT 3:30
P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES
AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551,
TEXAS GOVERNMENT CODE.
grevkAn Devw,'&s
Orenda Dennis, City Secretar
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE
CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE
OFFICIAL BULLETIN BOARD ON DAY OF 2015.
Title:
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped
parking spaces are available. If you require special assistance or have a request for sign
interpretative services or other services please call 210 -619 -1030.
The City Council for the City of Schertz 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 the Texas Open Meetings Act.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City's
legal counsel and the presence of any subject in any Executive Session portion of the agenda
constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel
for the governmental body and constitutes an opinion by the attorney that the items discussed
therein may be legally discussed in the closed portion of the meeting considering available
opinions of a court of record and opinions of the Texas Attorney General known to the
attorney. This provision has been added to this agenda with the intent to meet all elements
necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted
by all participants in reliance on this opinion.
08 -04 -2015 City Council Agenda Page - 4 -
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Carpenter
Mayor Pro -Tem Edwards — Place 4
Audit Committee
Audit Committee
Interview Committee for Boards and Commissions
Hal Baldwin Scholarship Committee
Investment Advisory Committee
Interview Committee for Boards and Commissions
TIRZ II Board
Cibolo Valley Local Government Corporation
Councilmember Fowler — Place 1
Councilmember Azzoz — Place 2
Interview Committee for Boards and Commissions
Animal Control Advisory Committee
Schertz Housing Board Liaison
Sweetheart Advisory Committee
Randolph Joint Land Use Study (JLUS) Executive
Committee
Schertz Seguin Local Government Corporation
Councilmember John — Place 3
Councilmember Thompson Place 5
Lone Star Rail District
Audit Committee
08 -04 -2015 City Council Agenda Page - 5 -
Mayor Pro -Tem Appointment
CITY COUNCIL MEMORANDUM
City Council Meeting: August 4, 2015
Department:
Subject:
Mayor /Council
Oath of Office — Mayor Pro -Tem
Per the current Rules of Council regarding the appointment of the Mayor Pro -Tem, it states that
every six months the office of Mayor Pro -Tem moves by seat number to the next
Councilmember in line, as long as that Councilmember has been elected to office and not
appointed, provided that they are willing to serve.
Council position Place 1 is next in line, seat currently being held by Councilmember Jim Fowler
who was elected to office. Councilmember Fowler has expressed an interest to serve as the next
Mayor Pro -Tem.
FISCAL IMPACT
I�►�[�Siia
' t 1• � I
Council will discuss, and with a majority vote, appoint the Councilmember to serve as
Mayor Pro -"'em. Mayor Carpenter to provide the Oath of Office to Councilmember Jim Fowler.
In the name and by the authority of
The State of Texas
I Jim Fowler, do solemnly swear (or affirm), that I will faithfully execute
the duties of Mayor Pro -Tem for the City of Schertz, and will to the best of
my ability preserve, protect, and defend the Constitution and laws of the
United States and of this State, so help me God.
SWORN TO and subscribed before me by affiant on the 3rd day of
February 2015.
Signature of Person Administering Oath
(Seal)
Printed Name
Title
Form #2204
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: August 4, 2015 .
Department:
Subject:
City Secretary
Minutes
The City Council held a Regular meeting on July 28, 2015.
WLTG • �On
None
RECOMMENDATION
Staff recommends Council approve the minutes of the Regular meeting of July 28, 2015.
Minutes — Regular meeting July 28, 2015.
MINUTES
REGULAR MEETING
July 28, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July
28, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to -wit:
Mayor Pro -Tem Cedric Edwards
Councilmember Jim Fowler
Councilmember Daryl John
Staff Present:
Executive Director Brian James
Executive Director Bob Cantu
Bond Attorney Jeff Kuhn
Mayor Carpenter was absent.
Call to Order
Mayor Pro -Tem Edwards called the
Texas (Minister Allen Green)
Minister Allen
Pledges of Alle
Mayor Pro -Tem Edwards
speak on agenda itrn 9,41
1. Minutes
Regular
to
Councilmember Grmav Azzoz
City Manager John Kessel
Executive Director Dudley Wait
City Attorney Charles Zech
Cit Secretary Brenda tennis
at 6:00 p.
>aptist Church provided the opening prayer followed by the
the United States and the State of Texas.
1 this evening uve have several individuals here wishing to
be movinz the order around.
agenda.
n and /or action regarding the approval of the minutes of the
21, 2015. (J. Kessel/B. Dennis)
2. Ordinance No. — Consideration and /or action approving an Ordinance and
adopting new regulations regarding the collection and disposition of Solid Waste and
Recyclable Material in the City. Final Reading (D. Wait /J. Bierschwale /J. Hooks /D.
Letbetter)
The following was read into record:
1:1.0.0 01
7 -28 -2015 Minutes Page - 1 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, REPEALING AN ORDINANCE OF THE CODE OF ORDINANCES OF
THE CITY OF SCHERTZ AND ADOPTING A NEW ORDINANCE WITH
UPDATED PROVISIONS REGARDING THE COLLECTION AND
DISPOSITION OF SOLID WASTE AND RECYCLABLE MATERIAL IN THE
CITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE
3. Ordinance No. 15 -F -18 — Consideration and/or action a]
Cibolo Waste Incorporated, DBA Bexar Waste Inc., a
Waste Collection, Recycling, and Household Hazardous
Program. Final Reading (D. Wait /J. Bierschwale /J. Hoot,
The following was read into record:
ORDINANCE NO. 15 -F -1
an Ordinance Granting
e for Municipal Solid
'ollection and Disposal
)etter)
INCORPORATED, DBA
[CIPAL SOLID WASTE
HAZARDOUS WASTE
ING PROVISIONS AND
CAME; AND PROVIDING
VIOLATION THEREOF;
OF ORDINANCES IN
Mayor Pro -Tech, Edwards recognized Councillmember Fowler who moved, seconded by
Councilmember Azzoz to approve the consent agenda items 1 through 3. The vote was
unanimous with Mayor Pro "Tem Edwards, Councilmembers Fowler, Azzoz, John
and T'homp au voting for, no one voting no. Motion passed.
• Announcements of upcoming City Events (B. James /D. Wait/B. Cantu)
Mayor Pr6.1�Tem Edwards recognized Executive Director Brian James who provided the
following announcements:
• Thursday, July 30, NE Methodist Hospital 30th Anniversary Luncheon, 12412 Judson
Road, 10:30 a.m. News Conference — 11:00 a.m. Lunch, RSVP by calling 210 -575-
0355.
• Friday, July 31, Chamber Ribbon Cutting — Painting with a Twist, 8206 Angora
Parkway, Suite 100 (Forum) 4:00 p.m.
• Saturday, August 1, City of Marion Sausage Supper, St. John's Lutheran Church, 606
S. Center Street, 9:00 a.m. -11:00 p.m. Events include a parade, trade days, meals,
games, bingo, auction, live music & dancing.
7 -28 -2015 Minutes Page - 2 -
• Friday, August 7, 2015, Schertz Senior Sock Hop, Schertz Civic Center, 7:00 p.m. to
11:00 p.m., live music, casino games, heavy hors d'oeuvres — cash bar, Tickets can be
purchased in advance at the Senior Center, Schertz Chamber of Commerce $25
each/$35 at the door. Wear Your Coolest 50's Attire, more information go to
schertzseniors.org.
• Saturday, August 15, Schertz Idol Finale, Crosspoint Church, 5:00 p.m.
The City of Schertz will be holding its' General Election on November 3, 2015 for the
purpose of electing Council Members in Place 3, Place 4 and Place 5.
Any candidate desiring to have his or her name on the
August 24, 2015 by 5:00 p.m., file with the City Sc
requesting that his or her name be placed on the Offic
said vacancies will expire November 2017.
Candidate packets are available in the City
www.schertz.com.
• Announcements and recognitions by City
Mayor Pro -Tem Edwards recognized
received from Cyndi Pressler, Legge),
stated their construction is moving al(
couple of months. She stated that sht
hearty "Thank You" to many of the st
that since NovemhrC}14 she has had
a variety of citizenry here iti Schertz b
Magazine staff; city planning officers
ballot shall, no later than
an application in writing
it. The term of office for
office or can be. found online at
City Manager John Kessel who read an email he
at Forest Ridge ' Assisted Living Community who
Ana "and they are lo6king forward to opening in a
of generous with their welcoming atti
�-_uidance;, there are seine who have and s
• No one
Workshop
of residents.
S
J to :pause for a breath of air and extend a
arious departments of the City. She stated
,pportunities to participate and interact with
g with the Chamber of Commerce, Schertz
re. While everyone has been nothing short
supportiveness in time, information and
iue to stand out in their efforts to help with
One highlight of her experience was her
James and specifically Permit Expediter
• Presentation and discussion regarding the Class & Compensation Study prepared by
Evergreen Solutions. (J. Kessel /J. Ling)
Mayor Pro -Tem Edwards recognized Executive Vice- President Jeff Ling with Evergreen
Solutions who provided a PowerPoint presentation regarding the summary of results of
the Classification and Compensation Study answering questions from Council:
7 -28 -2015 Minutes Page - 3 -
Agenda:
• Study Process & Timeline /Outreach Summary /Current Assessment
• Compensation Philosophy /Implementation Plan
• JAT & Market Survey Methodology and Results
• Proposed Pay Plan
• Position Grade Assignments (Slotting Methodology)
• Implementation Options, Costs and Strategy
• Recommendations
Study Process & Timeline:
• Conducted kickoff meeting & finalized proj
• Conducted Outreach and gathered relevant
• Identified market peers and benchmarks
• Employees completed JATs (Job Assessmei
presented (5/28)
• Presented JAT and Market Salary Survey 'Pi
• Conducted external labor market survey an(
• Compensation Philosophy Finalized (6/20)
• Preliminary Solution File Submitted (6/25)
• Final Solution File submitted 0/0)
• Draft Final Report Submitted {7/20)
• 1 stPresentation to Council & Employees (1/
• Final Presentation to Council (8/4)
Outreach Smarv:
k
(3/9)
Tool) and results w
;entation (6/3)
i Divided results (6/5)
1)
analyzed and
• Perform, Once Evaluations are felt by some to be inconsistent across departments
and need to be conducted on a more timely basis.
Current Assessment:
• City currently has one pay plan for all employees.
—Step Plan with 56 pay grades, only 31 of which are occupied. Each pay grade
has 15 steps. The range spread across the ranges is 32 percent and there is four
percent progression at midpoint.
• High number of employees at minimum of pay ranges -26.5 percent and very low
at maximum: 2.5 percent.
7 -28 -2015 Minutes Page - 4 -
• Salary compression issues may reside due to the high percentage of salaries (87.5
percent) below the midpoint of their respective pay grades.
• Average class time in each quartile 3.0, 5.6, 5.1 and 9.5 is irregular but overall
sees a normal progression.
Compensation Philosophy:
• Summary of Council's Resolution:
—City will provide competitive and sustainable wages while balancing other work
related factors.
— Continue emphasis on pay for performance yet be mindful of fiscal
responsibility.
— Maintain internal equity and be transparent iq reference to pay structure and
processes.
— Employee growth and engagement are primary drivers for`rtention.
Implementation Plan:
• Summary
—1St Goal
3rd Goal
external r
—4th Goal
Resolution:
performance evaluations.
Living Adjustments when
to employees.
ion of employees with lagging wages.
e between compensation and strategic
equity and maintain competitiveness with
le meaningful and competitive benefits and
on processes to employees.
• Large majority of employees completed JATs: 330 representing 158
classifications.
• Management Issue Tools (MITs) were completed for 1.3 different positions.
• Classification changes were recommended for 13 different positions.
• High correlation between employee scores and midpoints of salary ranges.
7 -28 -2015 Minutes Page - 5 -
Survey Methodology:
• Collected Salary and /or Benefits Data from 21/26 agencies identified as targets.
• Peers chosen for similar size, general proximity and comparable economic
characteristics and some for EMS positions only.
• 70 of City's positions were surveyed as Benchmark Positions.
• Average number of responses per position was 7.7.
• Highest response rates were received for Animal Control Officer and Patrol
Officer with 15 responses.
PEER TARGETS
SALARY
BENEFITS
City of Austin
Average Peer
X
Spread
City of Boerne
Overall Average -4.8% -9.0% -12.4%
X
X
City of Cedar Park
43.0%
X
X
City of Conroe
X
X
City of Georgetown
X
City of Kyle
X
City of New Braunfels
"XII.
City of Pflugerville
X
City of Round Rock
X
X
City of San Antonio
X
City of San Marcos
X
X
City of Seguin
X
X
City of Selma
CityofTemple
X
Comal County
X
Guadalu6e County
X
Survey Results:
• The City's data were compared to the 45th percentile market median and adjusted
for Cost of Living.
• Overall the City is below at Minimum, Midpoint and Maximum of salary ranges
at the 45th percentile.
Current Assessment
Average Percent Difference
Range
Average Peer
Market Data Minimum Midpoint Maximum
Spread
Per Position
Overall Average -4.8% -9.0% -12.4%
44.4%
7.7
Outliers Removed* -6.4% -10.1% -13.3%
43.0%
8.9
*Note: Positions with fewer than five responses were removed.
7 -28 -2015 Minutes Page - 6 -
• If City implements proposed plan it is predicted that the ranges will be above the
market Minimum, Midpoint and Maximum at the 45th percentile market median.
Post Implementation
Average Percent Difference
Market Data Minimum Midpoint Maximum
Overall Average 2.8% 4.9% 6.1%
Benefits Summary:
• Number of Health Plans offered —City offers two
1.7.
• City contributes a lower than average percentage
of premiums for employee -plus- dependent and
• The deductibles paid are lower in Schertz.
• Sick and Vacation Time — Maximum accrual rate,
rollover to next year are much higheriri Schertz.
• The City's offering of Certification Pad for Polic
is consistent with those that are offered bV'its Dec
Proposed Pay Plan:
Plan Comparison
Plan
Proposed
Current
Slotting Methodology:
# of
Grades
50
the peer average of
the dependent portion
plus- family coverages.
and
ire, EMS
to
Works
ceupied # of Range Midpoint
Grades Steps Spread Progression
20 46% 4.0%
15 32% 4.0%
steps and widens range spread to compensate long term,
assignments resulted in more occupied grades.
grades remain the same; the midpoints and maximums increased
• Positions were grouped into Job Families, each with at least one benchmark position.
• Job families received pay grade adjustments based on the average of its benchmarks'
market differential.
• Additional pay grade changes were made to account for necessary internal equity changes
identified by the JATs.
• Positions with retention and recruitment issues were addressed next to ensure proper
adjustment to meet the market.
7 -28 -2015 Minutes Page - 7 -
• Upward grade adjustments were projected over a four year time frame to meet the fiscal
constraints of the City and ensure that the furthest behind are addressed first.
Implementation Option:
Implementation Option
Description
Bring to Current Step
Whichever current numerical step
$643,923.73
employees occupy in the current range,
$382,012.41
they are then placed at this step in their
$647,957,43
proposed range.
• Group Priorities based on Job Families and rete
first for grade increases.
• Overall Grade increase was determined to meet
• Grade increases were stretched over four year ti
• Grade increases were calculated to fit precise't
Implementation costs:
• Costs include salary only, be
• No employees receive a redo
To Bring to Current Step:
One Time Implementation cost: $1,705,398,62
Market Differential Being 'Primary adjustitaent factor:
Recruitment /Retention Ei ph4is being primary
Factor, Market differential secondary: _
not facto
in salary.
issues were considered
the 45th'rcentile.
of new pay
Year I
Year 2
Year 3
Year 4
$643,923.73
$384,268,95
$382,012.41
$295,193.53
$647,957,43
$434,473.63
$327,774.03
$295,193.53
First implementation schedule aligns with the City's stated compensation philosophy of
addressing market lagging positions first.
• Secorid'i mlementation option emphasizes immediate concerns regarding difficult to
recruit/retain, positions "I
• A one -time immediate implementation option addresses both set of concerns.
Additional Recommendations:
• Select positions /employees require reclassification based on JAT results.
• That the City explore the feasibility of increasing its contribution rates to dependent
premiums so that its percentages of cost sharing are more similar to its peer cities.
• Conduct localized salary survey of market peers at regular interval throughout the year to
keep its desired pace with the ever - changing market conditions.
• Conduct a comprehensive classification and compensation study every three years.
7 -28 -2015 Minutes Page - 8 -
Summary:
• When compared to the competitors market data; Schertz currently lags their peers by a
considerable margin.
• After minor adjustments, the current structure of positions within the pay plan addresses
internal equity and employees are compensated fairly in comparison to their placement
on the job worth hierarchy.
• By implementing these strategies the City will enhance recruitment activities, improve
retention and improve employee morale.
Mayor Pro -Tern Edwards stated that Dr. Ling had made some very interesting observations: you
said this is an extremely rare team caring organization, you mentioned the transparency and the
impactful nature in which our employees and management work together; their engagement.
You stated that the staff had the city's best interests at heart. These are the pros. You also
mentioned some cons which were compression, recruitment, and retentio'n. You stated that in
every compensation study that you perform, it states that individuals want more money.
Mayor Pro -Tem Edwards stated that you mentioned, something about the discipline of each one
of those positions that maybe some of the management was tougher on some of their evaluations
of some of those particular employees; would that be due" to some of the inter - disciplinary things
that they have with their specific job title, i.e., fire chief, engineer, police officer; they have
interdisciplinary things that are much more stringent.
different levels of acceptance, different thicknesses of skin in regards to giving individuals bad
news. ,,S find o what we is if, someone bas a hard time with giving bad news or being someone
that is hard in regard to performance it" makes a change on the part of the individuals. They see
in surveying, n t Schertz, but all around the country, that a big component is not only how it
relates to the type of job but,itlso as it relates to the level of training and personality type of the
manager.
Mayor Pro-Tern Edwards thanked Dr. Ling for providing a dose of reality and getting this down
to a science and stated that they have had numerous workshops where they have sat down and
discussed these areas. Mayor Pro -Tem Edwards stated that Dr. Ling will be around for a while
and should anyone have questions to please contact him.
Mayor Pro -Tem Edwards recognized Councilmember Azzoz who stated that Dr. Ling made
some valid points; we all know we are lagging on our pay. He asked from the employees that
were surveyed did he know if they were still working here and does he know if they left due to
pay issues since February. Dr. Ling stated that he has no doubt that this has occurred and they
do not have a listing of those employees. He is not basing that on anything specific to Schertz,
but rather from his experience of working with other municipalities throughout the country. This
7 -28 -2015 Minutes Page - 9 -
year has been a good year for other job opportunities among jurisdictions that pay more. We
have seen a lot of movement of local government employees; however, he will add that the
employees did mention in some of the focus groups that as the economy turns if the City of
Schertz is not responsive they will be seeking employment elsewhere. We did not validate from
February to July if those things occurred.
Councilmember Azzoz stated that to sum it up, in the Metrocom area including San Antonio and
Austin, we are below market. Dr. Ling answered, yes.
Mayor Pro -Tem Edwards recognized Councilmember Fowler who stated that he was intrigued
when you said we are competitive in the area but at the same time we are below market. There is
an implication there, that around us, we all are below market. Councilmember Fowler asked if
when we are talking about competitive, are we wage competitive or job competitive?
Dr. Ling stated that in reference to that question the City is,competitiv&On benefits. The City is
better placed in that market than salary alone. If you look at the *benefits you fall similar to your
peers with that exception that he shared earlier in regard to the dependent coverage premium.
You do have more accruals in regard to vacation and sick leave, and you also ha e two (2)
options to the health plan. It's not that they equal each, other out but you are more, competitive in
a number of benefits in the benefits categories. He stated hat on salary you have some jobs that
are at market rate and those would be competitive versus yQur local peers, but you have many
more that are not.
word competitive to the benefit si
Mayor Pro-Tem Edwards recognized Executive Director Brian. James who stated that
Councilmember Azzoz asked ii question regarding our competiveness relative to not San Antonio
and Austin but tub Metrocom, and perhaps Dr. Ling did not know what the Metrocom cities
were. Mr. James ovidcd 'a list of peer cities. Mr. James stated the list of peer cities we
measured ourselves against, and one of the things that we have talked about in the past and while
we often in the past compared ourselves to the Metrocom cities, Selma, Converse, Universal
City, Kirby, Cibolo and others, certainly not bad comparisons, what staff would tell you and
have discussed is raising the bar and raising expectations of performance, we talk about other
cities. When we tell departments have you gone and talked to them, we are now saying have you
gone and talked to New Braunfels, Georgetown, etc., have you gone and talked to the other cities
outside the Metrocom and with this study cities like New Braunfels, Georgetown, Pflugerville
etc., is who we looked at. Because we did not compare ourselves with the Metrocom cities we do
not know how we stack up against them. When we picked the cities for comparison we asked
ourselves who do we want to be like and those are the cities that were listed earlier in the
presentation. Just to clarify we do not have a measure against the Metrocom cities because we
7 -28 -2015 Minutes Page - 10 -
raised the bar on who we are comparing ourselves to which included: City of Austin, City of
Boerne, City of Cedar Park, City of Conroe, City of Georgetown, City of Kyle, City of New
Braunfels, City of Pflugerville, City of Round Rock, City of San Antonio, City of San Marcos,
City of Seguin, City of Selma, City of Temple.
Mayor Pro -Tem Edwards recognized Councilmember John who expanded on the above
information stating that $1.7 Million is a large number and it sounds like we are doing horrible.
Is there a way to pull out those other cities and do a smaller comparison? He doesn't see how we
are going to compete with San Antonio and Austin.
Councilmember Azzoz stated that he agrees with Councilmember John and that is why he
brought up the point that our competitor is San Marcos, Seguin, New Braunfels and Selma, and
when he hears we are losing our staff, we are losing them to those cities. He stated that we are
losing employees to these cities and agrees with Councilmember John that we do a smaller
comparison. Councilmember John again asked is there a way they can reduce the cities.
Dr. Ling stated the short answer is yes. He stated that y
presentation of all the cities that responded.. The; mark
advisement of the Council or some other methodology k
where you are at and the commuting distance you have to:
still go to work in San Antonio. San Antonio is not a prohi
not have the resources of San Antonio. Ie stated that as y
County and beyond going into Georgetown, the survey has
take your group or a group that is within a ' smaller distanc
results would change based on that. The data that was prov,.
respondent. It's not a database, that we do not know you sa
each of the individual iurisdictious.
have a listing ins the PowerPoint
could be changed -based on the
would reiterate though that given
me of these cities, someone could
tive drive, recognizing that you do
i go north and they went to Travis
ities ter_ th of Austin and we could
draw, a circle and look at how the
,d to them was from the individual
what; we do have responses from
Councilmember John stag that it is good to have bigger goals; the immediate goals are going to
be close to home or cities of our size and,our, population as a comparison to be able to bring them
up to par with our averages.
Mayor Pro -Tem Edwards recognized. Councilmember Thompson who stated that Dr. Ling
mentioned, at one point that when you exclude the outlier cities, what were those outlier cities
that were excluded? In answer, what was meant by removing the outliers is those respondents
we got fewer than five (5) responses from. It was those that just didn't respond and they didn't
exclude any cities,
Mayor Pro -Tem Edwards recognized City Manager John Kessel who responded briefly to the
comments by Councilmember John. It is important to look at goals that are certainly a stretch for
us. When we are a city of 50,000 we are going to have to be recruiting from other cities that are
also at that size. We will be growing to 75,000 at our in population. If we are not keeping up
with these larger cities then we are going to fall behind in our ability to recruit over time. The
employees that we hire now are going to be our five and ten year seasoned veterans when we get
to 50,000. One of the challenges we have in the San Antonio area is very different, for example
from the Austin, Houston and Dallas area as we are basically the second largest suburban city.
Everyone else that is not San Antonio is who we are having to recruit from because they don't
have experience in a larger city. If we want to hire someone who has experience doing what we
are going to become then we are going to have to recruit them out of the City of San Antonio.
7 -28 -2015 Minutes Page - 11 -
We are not so worried about employees going back there, but how do we get that individual to
leave San Antonio and come to Schertz. How do we get individuals to come from these other
areas. The large number you saw at the beginning is if we did that as a one -time process, which
you also have a very manageable step into those numbers that we can afford on an annual basis.
It is a stretch, but we can move into that position. He would make the strong argument that if we
don't take those steps today, when we are 50,000 that number will probably be double. There is
not a way at that point for us to go ahead and move that far in a single year or even in a series of
years, and our hiring consequences five and seven years from now will be very extreme.
If we think we are losing people today at too high a rate or having trouble today not hiring, five
years from now it will be much worse. Staff would never present :a plan that we could not afford
within our existing tax structure or that would challenge us beyondahe ability to perform other
services. One of our tasks at the staff level is to say here is A number and how can we make it
work without that kind of an issue. He hopes that this is something that Council would have us
consider and bring back more information on how that would actually look and see if those
annual increases are more palatable then the one time big number. We would not recommend
doing this as a one -time expense; it would be too expensive for this community at th l time.
Mayor Pro -Tern Edwards recognized Councilmember Azzoz who thanked staff for the report and
just to answer concerns and to Councilmember Johns comment when he says 1.7 million is a
horrible number; in a nutshell we are doing Horrible. When he looks at the early start option plan
they provided, actually the money we have sine February, we eio old have disposed of it since
February, that money we do have. $338,000 was budgeted. This is a good tool and we can start
from there, the 1.7 million would be extremely difficult. If eve would have started in February
we would have been closer.
Discussion and
The following Was read into record:
ORDINANCE NO. 15 -E -22
AN ORDINANCE CALLING A GENERAL AND SPECIAL ELECTION TO BE
HELD IN THE CITY OF SCHERTZ ON NOVEMBER 3, 2015 . FOR THE
PURPOSE OF ELECTING COUNCILMEMBERS FOR PLACES 3,4 AND 5 AND
CALLING A HOME RULE CHARTER AMENDMENT ELECTION TO BE
HELD IN THE CITY ON SUCH DATE; MAKING PROVISION FOR THE
CONDUCT OF THE ELECTION; AUTHORIZING CONTRACTS WITH THE
ELECTION ADMINISTRATORS OF BEXAR AND GUADALUPE COUNTIES
TO CONDUCT THIS ELECTION; AUTHORIZING THE ELECTION TO BE
7 -28 -2015 Minutes Page -12 -
HELD AS A JOINT ELECTION;AND RESOLVING OTHER MATTERS
INCIDENT AND RELATED TO SUCH ELECTION AND DECLARING AN
EFFECTIVE DATE
Mayor Pro-Tem Edwards recognized City Secretary Brenda Dennis who introduced this
item stating City Council appointed a Charter Review Commission on November 18,
2014, made up of five (5) citizen members. The following members were appointed:
Mark Davis
Michael Dahle
Reginna Agee
Bert Crawford
Jana Volitis
5. Ordinance "No. 15-E-13 — Consideration and/or action approving an Ordinance calling a
Bond Election-to, beheld in the City of Schertz, Texas; making provision for the conduct
of a Joint election'*" and resolving other matters incident and related to such election. First
Reading (B. Dennis/Council)
The following was read into record:
ORDINANCE NO. 15-E-23
AN ORDINANCE CALLING A BOND ELECTION TO BE HELD IN THE CITY
OF SCHERTZ, TEXAS; MAKING PROVISION FOR THE CONDUCT OF A
JOINT ELECTION; AND RESOLVING OTHER MATTERS INCIDENT AND
RELATED TO SUCH ELECTION
7-28-2015 Minutes Page -13 -
Mayor Pro -Tem Edwards recognized City Secretary Brenda Dennis who introduced this
item stating On April 7, 2015, . City Council appointed a Bond Committee consisting of
the following members as the Bond Committee:
Michael Dahle
Frank McElroy
Tim Brown
Fae Simmons
Maggie Titterington
Richard Dziewit
Ed Finley
Howson Lau
Barbara Hall
The Committee met during April, May, and 'June discussing possible ballot
considerations. On June 16, 2015, the Bond Committee, recommended Council consider
the following projects: $8,000,000 Public Safety Facility; $7,000,000 EM 1103/FM 1518
street repairs, improvements; and $1,000,000 acquisition of Future Park & Recreation
Area(s).
On June 19, 2015, at their Mid - Budget Retreat, City Council directed staff to prepare two
general obligation bond propositions for the November:,: 2015 ballot.
Ordinance No. 15 -E -23 on first reading calling a
election.
Mayor Pro -Tem Edwards recognized Councilmember Azzoz who moved, seconded by
Councilmember Thorrison to approve Ordinance No. 15 -E -23 on first reading calling a
bond election. The vote was unanimous with Mayor Pro -Tem Edwards,
Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting
no. Motion passed.
6. Resolution No. 15 -R -62 — Consideration and /or action approving a Resolution
authorizing the City Manager to execute a License Agreement with Stars Cheer &
Tumbling Academy for parking spaces located at 1298 Borgfeld Road. (B. Cantu /J.
Santoya /J. Kurz)
The following was read into record:
7 -28 -2015 Minutes Page - 14 -
7.
RESOLUTION NO. 15 -R -62
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A LICENSE AGREEMENT WITH STARS CHEER &
TUMBLING ACADEMY, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Pro -Tem Edwards recognized Purchasing and Asset Manager Jessica Kurz who
introduced this item answering questions from Council. Ms. Kruz stated Stars Cheer &
Tumbling Academy, originally founded in 2003, is located on $orgfeld Road next to the
old Animal Services building. Due to a growing customer base, they have almost reached
capacity for their facilities (building and parking lot). For this reason they have requested
use of the parking lot at the old Animal Services building to accommodate customer
over -flow parking. City management has met with the owner, of Stars to discuss their
needs, and subsequently, City staff has drafted a License Agreement, which would grant
access and use of 23 City -owned parking spaces in front of the old Animal Services
building. The term of the agreement is five ,years, and will begin upon execution by the
City. The City will charge an annual license fee of $1,200, payable at' the beginning of
each lease year, for a 5 -year total of $6,000. The lease ainount was difficult to determine
since there is no demand for paid parking in this area. however, staff believes that the
proposed license fee is reasonable, considering that the City does not currently have use
for the parking facilities and this agreement will help pronote sustainable growth of local
businesses.
15 -R -62, authorizing the City
& Tumbling Academy.
nember Thompson who moved, seconded
solution No. 15 -R -62. The vote was
Councilmembers Fowler, Azzoz, John
no. Motion passed.
ition No. S -R -63 ' � Consideration and /or action approving a Resolution
izing a contract with Hood Communications, Inc., for Phase One of the City
:ss Network Prcjjd t. (B. James /M. Clauser)
The folloiniz was read into record:
RESOLUTION NO. 1.5 -R -63
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A CONTRACT WITH HOOD COMMUNICATIONS,
INC. FOR PHASE ONE OF THE CITY WIRELESS NETWORK PROJECT AND
OTHER MATTERS IN CONNECTION THEREWITH
Mayor Pro -Tem Edwards recognized IT Director Myles Clauser who introduced this item
answering questions from Council. Mr. Clauser stated that On June 29, 2012 . the City
Council approved Resolution 12 -R -57 approving the proposed Master Communications
Plan. This plan offers a roadmap for creating a City -Wide network infrastructure using
7 -28 -2015 Minutes Page -15 -
both fiber optic and wireless networking technologies. The Master Communications Plan
was devised to support field personnel, upgrade communication channels to City
facilities, improve Public Safety operations, and provide network communications and
infrastructure for a planned public access channel designed to improve communications
and encourage citizen engagement.
On January 13, 2015, Council approved Ordinance 15 -T -03 to utilize $20,000 from the
PEG (Public, Educational, and Government) fund and $20,000 from the Water
Department fund in order to implement Phase One.
Staff prepared and posted the RFP for Phase One. This
connectivity from City Hall to the City -owned facility
tower, and must be completed before implementing subs
and scored bids and is seeking Council's approval
Communications. Hood Communications is experienced
on FM 3009 for AT &T.
Mayor Pro -Tem Edwards recognized Counci
Councilmember Azzoz to approve Resolutio
with Mayor Pro -Tem Edwards, Couni
Thompson voting for and no one voting no.
Mayor Pro -Tem Edwards recognized Executive Director Brian James who introduced
this item , ;stating that with approval of Resolution Number 15 -R -64, City Council
authorizes execution "of a contract with Austex Tree Services for tree pruning and other
related serviced ut City parks as part of routine park maintenance. The City entered into a
contract with Austex on June 2, 2015. The original contract identified three (3) City parks
that required pruning services; Oak Forest Park, Woodland Oaks Park, and Cut -Off Park.
The scope of work included tree trimming, maintenance, removal, and repair.
This project was publicly bid using a Request for Proposals (RFP), which allowed the
City to select a contractor not only based on cost, but on qualifications and experience as
well. Austex was determined to be the best value selection based on the RFP criteria
including experience, qualifications, reputation, capability, past performance, experience
with other entities, experience with similar projects, available resources, and corporate
history and stability.
7 -28 -2015 Minutes Page -16 -
Since execution of this contract, the City has identified an additional location which
requires tree removal services, and has requested that this location be added to the scope
of work under the existing contract.
City staff is requesting that the following paragraph be included in the scope of work
under the existing contract:
Palm Park — 200 Block of FM 78
a. Removal of fallen hackberry tree on fence marked with orange tape, and removal
of large hazardous Pecan Tree also marked with orange tape, located between HP
Printing and a daycare. All wood material will be taken to the same location that
is being utilized for the present wood material recycling.
No other additional changes to the contract are equested. Staff "recommends Council
approval of Resolution 15 -R -64.
Mayor Pro -Tem Edwards recognized Couticilmember Azzoz who moved, seconded by
Councilmember Fowler to approve Resolution No. 15 -R -64. The vote was unanimous
with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and
Thompson voting for and no one voting no. Motion passed.
The following was read int6 record,
ORDINANCE NO. 15 -C -20
177101 Ell ►1
SC
INTERN
THE CITY COUNCIL OF THE CITY OF SCHERTZ,
THE CODE OF ORDINANCES OF THE CITY OF
18, BUILDINGS AND BUILDING REGULATIONS BY
G INTERNATIONAL CODES AND ADOPTING NEW
)ES; PROVIDING FOR A PENALTY
Mayor Pro -Tem Edwards recognized Permit Expediter Michelle Sanchez and Chief
Building Official Gil Durant who provided a PowerPoint presentation with the following
highlights:
Project Overview Statement
• Adoption of the 2012 ICC Codes is necessary because we are currently working
under a code that was developed almost a decade ago.
7 -28 -2015 Minutes Page - 17 -
• Industry standards have changed providing for implementation of new
construction practices and improvement in safety standards for the welfare of the
community.
• By updating building codes, we will stay up to date with other cities; and because
builders are already accustomed to the 2012 codes, it increases the efficiency of
construction standards for the homeowner and the builder.
Code Comparison Benchmark Cities and Surrounding Cities
• New Braunfels — 2006 International Codes
• San Marcos — 2015 International Codes
• Temple — 2009 International Codes
• Georgetown — 2012 International Codes
• Pflugerville — 2012 International Codes
• Cibolo — 2015 International Codes
• Selma — 2012 International Codes
• Live Oak — 2015 International Codes:
• Universal City — 2015 International Codes
• Converse — 2009 International Codes
• San Antonio — 2015 International Codes
Codes Proposed for Adoption
• International Building Code (ABC) 2012
• International Residential Code for One and Two Family Dwellings (IRC) 2012
• International Fuel Gas Code (IFGC) 2012
• International Mechanical Code (I C) 2012
• International PlumbihQ Code (IPC) 2012
Process
• Staff took a very different approach to amendments to the codes by asking for
input from numerous groups and hosting several public input meetings over the
last several months.
Schertz Chamber
Economic Development Corp.
Builders, Engineers, Sub - trades
Greater San Antonio Builders Association
Planning and Zoning Commission
7 -28 -2015 Minutes Page - 18 -
Ms. Sanchez stated all groups provided beneficial feedback and up until two weeks ago,
staff was still making changes as a result of the builders and GSABA meetings and their
suggestions. They really appreciate input from all groups; and staff will continue to work
with the builders and GSABA on future code revisions and issues.
Workload & Catch -Up
• Residential permit volume has increased tremendously with 117 permits being
received since May 1 to July 23; in comparison to the same period last year when
49 permits came in.
• Permits issued for the same time period was 49 in 2014 compared to 103 this
year.
Ms. Sanchez stated at all these meetings, staff heard frustrations from builders that it was
taking too long to review plans. Staff agreed. The upsurge in plays started in December
2014 with 48 plans received; and we were not prepared for that.
is have been created.
a quality review and not compromise that for a quick turn-
around. `
Invited builders to show them how we review plans.
Creatin ,'''400 point plan review checklist.
Tracking the review process of plans received from the applied date to the
issuance date.
Communicating the status of review to builders by phone and email.
Reorganization of department to concentrate on process improvements &
customer service.
Ms. Sanchez stated Armadillo, MI, David Weekly and Imagine Homes have all done a
great job to turn in plans with few to no corrections required. 100 point checklist by
inspectors marking up plans with notes; it makes the inspection process more efficient in
the field and there are fewer issues. There has been reorganization in the department
7 -28 -2015 Minutes Page - 19 -
where she is the Permit Expediter who is tracking the status of projects and
communicating with the builders on where their plans are in the review and approval
process.
Issues
• Adopted many of the current local amendments but with a few changes.
Permit exemptions for residential one -story detached accessory structures less
than 120 square feet, and replacement fences, siding and arbors.
• GSABA's concerns:
Having residential plans stamped by design professional.
Having the design engineer on -site for foundation pour.
Sound Transmission Standards as part of the building Code.
Ms. Sanchez stated that in regard to exemptions, staff
buildings, replacement fences, siding or arbors ' didn't
frustrated with the permit process; and although w
Richmond, we felt that by exempting these types of pe
on the new residential and new commercial and rriiscelh
ensures that projects with safety issues (i.e., swim
more technical in nature (room additions, remodels, flat,
such as windows and solar panels ), comply with code a'
with GSABA members and reviewed the ordinance on
with a few changes and clarifications. They didn't take
felt that teiewing the accessory
add value; and homeowners are
appreciate comment by Mr.
rmits we could concentrate more
tneous permit plan reviews. This
pools /spas); and those that are
work, steel, energy efficient items
rid inspection requirements. Met
July; J 3 and 14; and came away
;very thing that was suggested.
1. Permit exemptions they suggested exempting accessory structures of 200 feet or less.
Staff felt that,having a storage shed the size of a one -car garage may be too big for a
• Staff recommends adoption of Ordinance 15 -C -20 establishing new International
Codes as presented.
• Proposed effective date — October 1, 2015 .
Ms. Sanchez stated that this would be implemented in October which will allow for
builders to finalize current contracts, and did not want to create any problems for them or
the homebuyer by changing mid - stream with adoption in July. Plans received prior to
October 1 will continue under the 2006 codes. She thanked GSABA and to all the
7 -28 -2015 Minutes Page - 20 -
individuals that had input; it has made a positive difference in rolling out the new codes
and amendments.
The Planning and Zoning Commission reviewed the changes proposed at their regular
meeting of July 22, 2015 and offered a recommendation of approval by a 511 vote.
Staff recommends that the public hearing be conducted and that the first reading of
Ordinance 15 -C -20 amending the Schertz Code of Ordinances, Chapter 18, Buildings and
Building Regulations by repealing existing International Codes and adopting new
International Codes and adopting the revised Schertz Code of Ordinances, Chapter 18,
Building and Building Regulations be approved.
Mayor Pro -Tem Edwards opened the public hearing
0 Mr. Jim Leonard, 401 Holland Ave, with GSA
they have done in the last six days and: for in
He also stated that they continue to work wi
needs to continue before approving the ordii
resource to the city.
0 Ms. Liz Richtler, 211 Loop 1604, DR Horton
permits, permit problems and plan review proe
the recent changes have made the,plan review X
ec6gpized the following:
spoke on concerns with pulling
)roblems. She did indicate that
MI Homes who expressed concerns
tpared to other cities. He also spoke
*documents and that each page has
tires come with a price. He credited
Mr. Chris Jurgens, '10422 Huebner Road, D. R. Horton Vice President of
operations who spoke' on the problem of having a design engineer on site during
the concrete pour. He also addressed the size of the submittal documents. He
spbko"'regar d ina,4,he cost to have an engineer on site for the concrete pour and
made his commendations. He credited staff for the recent changes they have
made to the permit approval process. He requested Council vote no this evening
to allow staff, to work with the group to come up with the proper
• Mr. Greg Asvestas, 12930 Country Ridge, MLAW Engineers, who spoke on
suggestions for submittal documents. He provided suggestions for R106.1.4
Submittal ''Documents. He spoke regarding the deflection criteria, ASCE
Guideliros, and foundation evaluation. He provided suggested changes regarding
the current City of Schertz Inspections making suggestions which consisted of:
eliminating the engineer at pre -pour, eliminate the rough grading letter from PE,
eliminate 3 day PE stud letter and eliminate the 7 day PE stud letter (second
floor). He thanked the staff for all their efforts and to GSABA for the work they
have put into this.
• Mr. Rick Bowman, 12303 Boneta Cove, PE with MLAW who expressed his
concerns for having a Design. Engineer on site during the concrete pre -pour
stating that this person needs to be an expert on concrete.
7 -28 -2015 Minutes Page - 21-
• Ms. Maggie Titterington, Chamber President and homeowner who expressed the
desire to invite further talks with the groups before making a decision. She
supports the idea of further dialogue with the right people and groups. She
expressed her appreciation to Mr. James and Ms. Sanchez for working with
these groups. She stated as a homeowner she is pleased at how the City of
Schertz cares so much about how her house is built and has taken a lot of care and
thought. She stated that after the presentation tonight she believes and supports
further talks with the groups before a final vote is taken on this ordinance.
• Mr. Lee Randolph, 3920 Arroyo Del Sol, who addressed council with having the
engineers stamp on residential plans and the engineered frame document and a
separate engineers stamp on irrigation and landscape plans: He wanted to know
where some of the requirements came from. He, also is against having an
engineer on site during the concrete pour.
• Mr. Tim Pruski, 26277 High Timber Pass, who addressed Council regarding the
sound continuation item stating that this: ould be in the UDC and not in the
building codes. He spoke about the JULIS requirement being more transparent
and that this should also be in the UDC or a separate ordinance and not in the
building code. He spoke about • incbnsistencies` that are not finalized in the
document. On the IBC for permits it shows 45 calendar days for 3IRC and this
document has 45 days. We agreed to 45 catendar days and it is not in the final
draft that was submitted to them. He stated that staff is working with them and
recommend the city take th in time and do it right.
• Mr. Joe Leos, 211 Loop 1604, who stated that he 'wanted to give his time to Mr.
Jim Leonard for final comments.
• Mr. Jim Leonard, 401 Holland Ave," who is with "fthe GSABA organization who
addressed the Council providing his final comments. He stated that tonight
Council' heard from experts in their field that put a lot of time and energy into
their Woirk but also serving the community giving back and participating in the
group discussions. Ho stated he is glad to see the work advanced by staff and have
taken their comments seously over the last several weeks and complimented
staff for working I with them. He stated that as you have heard there are still
concerns ,movinsi forward with the ordinance and recommends Council table this
item to continue more dialogue.
• Mr. Ken Greenwald, 205 Westchester, who stated that the Planning & Zoning
"Commission and Council and several staff members spent many months looking
for information"on slabs. How do we check them, any kind of information, no
one stood up, We took our best guess and approved an ordinance and it has been
in existence for over two and a half years to require the engineer to be on site
during the concrete pour, and now it's a problem. Maybe this can be worked out
and believes that Mr. James can work out a solution. He stated that regarding the
sound continuation item, this needs to stay exactly where it is. Randolph is in the
process of changing and upgrading their T38's sometime in the future. The sound
continuation must be very carefully watched or we will not have Randolph Air
Force Base. The number of military out there is minimal its more civil service
now than you can imagine.
As no one else spoke, Mayor Pro -Tem Edwards closed the public hearing for Council
Comments.
7 -28 -2015 Minutes Page - 22 -
Mayor Pro -Tern Edwards recognized Councilmember Azzoz who asked Mr. James how
he would go about getting a permit processed.
Mr. James stated they accept them as a walk -in, a fax or e -mail. However, the
department does not have any unified permitting software like San Antonio is currently in
the process of getting. We are debating do we take big paper plans or small paper plans.
Councilmember Azzoz stated there is a cost involved which the customer is going to
absorb. Mr. James continued stating since we do not have an electronic avenue for
customers to submit plans they are unable to check the status of those plans; nor can our
staff review them electronically. We have a very labor intensive process because we
don't have that software. Staff would agree with you that there are things we could do in
terms of planning software, larger computer monitors, and building software to speed up
the process. Councilmember Azzoz recommended not making any decisions tonight and
send this item back to let staff work it out.
Mayor Pro -Tem Edwards recognized Councilmember John who asked ,i there were any
commercial builders who were contacted. Mr. James answered yes they did: make contact
with some of those who worked with us. He this on the commercial builders they have
already been wondering when we were going to, move from the 2006 code to the 2012
code. So in tenns of adopting the 2012 code we have not gotten any push back because
other communities are already using it. What you have'heard are some process issues and
some local amendments. The local mendnctits seem to cause the most frustration such
as the requirement for the design professional (architect or engineer) to design that set of
plans for a residential home. Commercial cede already requires that and they are already
used to that. In regard t6 foundations we tend to find on big commercial projects it is not
that much of a problem to have the engineer /designer out there when they pour the slab.
What the corni6rcial folks would probably tell you is that the process needs to be
quicker and more eorisistentW
He stated,most of what' y ' have heard't6night are concerns on local amendments that we
have actually , had in place prior to this adoption. The requirements for an
bgineer /architect t ,, be on the residential site when pouring the foundation is a local .
amendment; but we haven't heard complaints from the commercial folks.
Councilmember John suited he has heard a lot of the comments and he is a bit reluctant to
move forward with this and feels there are a lot more issues to work through. However,
he is happy to hear the Inspections Department is getting caught up though.
Mr. James prodded a brief explanation of the heavy workload staff has had to deal with
until some recent staff additions. However, there is a real issue of volume out there. We
are required to do a quality review and a timely turn around. We are trying to balance this
and continue getting better as we go forward. Councilmember John responded that we
are on the right track and council could maybe have a workshop to get this all worked
out, not take any action tonight and wait to get a bit more information.
Mayor Pro-Tern Edwards recognized Councilmember Fowler who stated he has heard a
lot tonight. He doesn't have a problem with us taking a look at these ACI inspectors. His
question to the gentlemen from the Greater San Antonio Business Association ( GSABA)
7 -28 -2015 Minutes Page - 23 -
is do all of you have ACI inspectors on your jobs? He agrees with Councilmember John
and thinks maybe we should have a workshop and get some more assurance to
understand what role and what authority the inspector has on these jobs.
Mr. James responded that we should keep in mind why we put in place the provision to
have the engineer present when the foundation is poured. One thing we heard over and
over again from the residents in the past was the frustration they had as they experienced
problems with their houses (some which were rebuilt). They were being told by the
engineer that he had designed a good foundation and the people pouring the foundation
said they also did a good job. So one accused the other of causing the issue; no one took
the blame. Every provision we passed was because of problems we heard of from
residents. However, we are still committed to a better elution if we discover one.
Anything we change, we may find ourselves back in our' ald' 'situation. Councilmember
Azzoz, said he thinks we should look at this again; he is not in favor of an engineer
standing there watching a slab being poured and costing a resident tyre money.
Mayor Pro -Tem Edwards recognized Coi
favor of having a workshop between PI
Permitting and Council and work this out.
Permitting come up with a few recommc
empowered by Council to make changes?
Mr. James answered that staff can
However, when Council passes an of
home sealed by an architect or engin(
in effect the staff haeber, in this
requirement per ouncil' ordinance.
Councilmember Thompson agreed with the idea of having a workshop to discuss this
further.
Mayor Pro -Tem Edwards stated he was here when we had the previous problems with the
Fairhaven Subdivision issues. There were numerous hours spent trying to figure out what
to do. It was ugly and there was a lot of media coverage. We sought out the avenues of
information and no one came forward. Tonight we had good information. We have to
protect the citizens. He asked how much time we have. He thinks we are operating with
an expired code.
7 -28 -2015 Minutes Page - 24 -
Mr. James answered stating they received a letter from the ISL rating service which is the
insurance service on the fire code ratings and they look at a variety of factors such as
what codes you are operating under. It hurts you if you have not updated yourself to the
more current codes. That letter prompted us to do this update and we have until the end of
August. We can call them and they may very well agree to give us additional time.
Mayor Pro -Tem Edwards stated he agreed with the prior suggestion to take a step back
and get more input from the stakeholders.
City Manager Mr. Kessel stated the City of Schertz is not tryinghto be the fastest growing
city in the area but rather the highest quality development which will be sustainable. It is
not our intention to artificially raise the price. We had a real situation here that exposed
some issues that we did not have an ability to address. We n?t go backwards and relive
that Fairhaven situation. He thinks we have identified some very clear items to address
further and most importantly, the dialogue betwee the HOA's, Inspections and Permits
and others, by moving the dialogue forward. This is about how do we work together in
the future. Let's keep the dialogue open as we move on. Mr.: Kessel offered
compliments to Mr. James, Mr. Durant, Mg. Sanchez, aid the Homebuilders'Association
for taking the time on this matter and stepping t p.,
The following was
INANCE NO. 15 -C -21
AN ORDINANCE BY TH U CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDINGr THE CODE OF ORDINANCES OF THE CITY OF
SCHERTZ CHAPTER 30, FIRE PREVENTION AND PROTECTION BY
AMENDING EXISTING INTERNATIONAL CODES AND ADOPTING NEW
INTERNATIONAL CODES.
Mayor Pro -Te Edwards recognized Fire Marshal John Perry who introduced this item
stating the City Council has determined a need to revise current building and fire codes
with regard to fire, building, fuel /gas and electrical requirements. The revisions proposed
are intended to ensure the proper construction and life safety of structures built in the
City and to follow compliance with the requirements of the Insurance Service Office Inc.
Fire Department staff researched target cities and several surrounding cities on the codes
they are operating under and have recently adopted. During the research amendments
taken by these target cities the results were noted and compared to current City adopted
codes. The City of Schertz is currently under the 2006 International Fire Code (IFC).
7 -28 -2015 Minutes Page - 25 -
The purpose of the IFC is for construction and occupancy safety as well as setting a
minimum safety standard for occupancy. Additionally, the IFC covers life safety for both
the occupants and responders. With the adopted amendments to the IFC 2012 the City
will be in line with surrounding cities and for building construction and life safety.
A workshop was held at the May 26, 2015 City Council meeting for discussion and
comments related to the IFC amendments. Fire Department staff attended construction
industry meetings that were held to include attendance by GSABA members on July 13
and 14, 2015. Amendments were sent to City Legal staff for review and approval.
Schertz Code of Ordinances, Chapter 30, Fire Prevention
include:
• Amending Article II Fire Marshal - Section 30-
1. Clarified the designees of the Fire Marshal .
certified peace officers and the Fire Code
Code by a greater number of personnel for s
• Amending Article IV Fireworks Code —
1. Amended section to fallow with State
• Amending V Fire Prevention
1. Amended Section 30 -81
Code 2,01 and'bertinent
2. Amended Section 30 -82 Am
International Fire Code 2012.
ities
id their role
This allows
reasons.
amendments
pertains to state
arcement of the
to adopt International Fire
to adopt proposed amendments to the
to adopt,, most current edition of National Fire Protection
. Standard, 101 — Life Safety Code.
Mr. Perry - continued by explaining the reasons for the amendments and he also expanded
on what the, new changes and definitions mean and what specific areas are affected.
The Planning and' Zoning Commission reviewed the changes proposed at their regular
meeting of July 22, 2015 and offered a recommendation of approval.
Staff recommends that the public hearing be conducted and that the first reading of
Ordinance 1.5 -C -21 amending the Schertz Code of Ordinances, Chapter 30, Fire Prevention
and Protection by amending existing International Codes and adopting new International
Codes and adopting the revised Schertz Code of Ordinances, Chapter 30, Fire Prevention
and Protection be approved.
Mayor Pro -Tem Edwards opened the public hearing and recognized the following:
7 -28 -2015 Minutes Page - 26 -
Mr. Robert Brockman, 1000 Elbel Road, who asked about the Merritt Lakeside Village as
to whether or not they have a sprinkler system in their building with stand pipes. Fire
Marshal Perry confirmed that they did have a full sprinkler system in the building. They do
not have stand pipes in the stairwell. It is one of the buildings that does not meet the current
requirements.
As no one else spoke, Mayor Pro -Tem Edwards closed the public hearing for Council
Comments.
Mayor Pro -Tem Edwards recognized Councilmember John who asked what they do in
situations where a building simply cannot meet all the requirements, in regard to required
fire lanes; are you able to do something to `fit the need'?, :,",Mr. Perry stated right now,
according to code, you are allowed 150 feet. All points of the building must be within 150
feet of an approved fire access road. These are the things that are looked at as part of the
design and development phase as far as the site plan goes and: they work with the
contractors to ensure they can meet all those requirements. They can also work things out
with existing buildings to be compliant.
Mayor Pro -Tem Edwards recognized Councilme
Councilmember Thompson to approve Ordinance
was unanimous with Mayor Pro-Tem Edwards,
and Thompson voting for and no'one, voting no.
Roll Call Vote Confirmation
Mayor Pro -Tem Edwards,,, recognized City Sec
vote information for agenda items I through 10.
W
• Citizen
ition of City emnlovee actions
ew t)evartme iat initiatives
kzz , oz who moved, seconded by
-C -21 on first reading. The vote
ilmembers Fowler, Azzoz, John
who provided the roll call
Mayor Pro-Tern Edwards recognized City Manager John Kessel who stated he had read
from an email earlier tonight that he received from Cyndi Pressler who complimented
Executive Director Brian James and Permit Expediter Michelle Sanchez regarding their
customer service to her. She expressed special appreciation for Ms. Sanchez's
professionalism, knowledge, skill, focus, and courtesy in answering her questions and
guiding her through the permit process. Mr. Kessel pointed out that we have limited
resources in most of the departments throughout the city and it takes committing our
resources towards key positions and maintaining a balanced approach. He thanked
Development Services staff and others like them for their dedication to the city's
customers.
12. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
7 -28 -2015 Minutes Page - 27 -
No requests were made.
13. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Pro -Tem Edwards recognized Councilmember ;fowle who stated he thought the
Evergreen Solutions presentation was not only eye-- opening` but it is giving us an
opportunity to make things better. He asked the city manager forpnission to sit in on
one or two of the upcoming Evergreen Solutions briefings with our employees to see
what kind of comments are made and just t9 et information. City Managor Jahn Kessel
stated he and other councilmembers are certainly welcome to attend one but reminded
them of a possible quorum in attendance and't at there can be a chilling effect in the
room if a council member is there, resulting in staf
reluctant to ask key questions of the,presenter(s). If Y(
is a different format than what was presented tonight
high percentage rate (99 %) of employee 'articipatioi
expectation from staff that we will do the right thing
broken. He said we have a responsibility to make sure.
Adjournment
Meeting was adjourned at 9:56 p.m.
7 -28 -2015 Minutes Page - 28 -
members who may then become
rdo attend a meeting, recognize it
Mr. Fowler stated that due to the
in this study, he feels there is an
nd fix anything that appears to be
iat happens.
Cedric Edwards, Mayor Pro -Tem
City Council Meeting:
Department:
Subject:
Agenda No. 2
CITY COUNCIL MEMORANDUM
August 4, 2015
City Secretary /City Attorney
Ordinance No. 15 -E -22 —
Final Reading — Calling a General
and special election to be held on
November 3, 2015 for the purpose of
electing Councilmembers in Place, 3,
Place 4 and Place 5, calling a special
Charter Election
City Council appointed a Charter Review Commission on November 18, 2014, made up of
five (5) citizen members. The following members were appointed:
Mark Davis
Michael Dahle
Reginna Agee
Bert Crawford
Jana Volitis
The Charter Review Commission held its first meeting on December 10, 2014. The
Commission met 10 times over a six month period reviewing the entire Charter with the
following goals:
a) Attempt to streamline the Charter if possible by identifying items that could be
eliminated due to being redundant, i.e., repeated or addressed in more than one
section of the Charter or repetitive of existing State Law.
b) Identify sections of the Charter that might need revision to improve the operational
procedures of the City or clarify existing guidance.
c) Identity any deficiencies in the Charter that would warrant the addition of new
policies or procedures for the effective administration of the City.
On May 21, 2015, the Charter Review Commission delivered their report and
recommendations to City Council.
Staff is recommending a General Election to elect Councilmembers in Places 3, 4 and 5, and
a Special 19 Proposition City Charter election to be held on November 3, 2015.
City Council approved this on first reading at their meeting of July 28, 2015.
FISCAL IMPACT
The cost of the General, Special Charter and Bond election is estimated to be $39,802.50;
this estimate also includes publication costs.
Approval of Ordinance No. 15-E-22 on final reading calling the General and Special Election
and approving joint contracts for the conduct of the election.
ATTACHMENT(S)
Ordinance No. 15-E-22
NOTICE OF GENERAL AND SPECIAL ELECTION
THE STATE OF TEXAS §
COUNTIES OF GUADALUPE, COMAL §
AND BEXAR §
CITY OF SCHERTZ §
TO THE RESIDENT, QUALIFIED VOTERS OF THE
CITY OF SCHERTZ, TEXAS
TAKE NOTICE that a general and special election will be held in the City of Schertz,
Texas on November 3, 2015, in obedience to an ordinance duly entered by the City Council of
the City on , 2015, which ordinance reads substantially as follows:
ORDINANCE NO. 15 -E -22
AN ORDINANCE CALLING A GENERAL AND SPECIAL ELECTION
TO BE HELD IN THE CITY OF SCHERTZ ON NOVEMBER 3, 2015 FOR
THE PURPOSE OF ELECTING COUNCILMEMBERS FOR PLACES 3,4
AND 5 AND CALLING A HOME RULE CHARTER AMENDMENT
ELECTION TO BE HELD IN THE CITY ON SUCH DATE; MAKING
PROVISION FOR THE CONDUCT OF THE ELECTION;
AUTHORIZING CONTRACTS WITH THE ELECTION
ADMINISTRATORS OF BEXAR AND GUADALUPE COUNTIES TO
CONDUCT THIS ELECTION; AUTHORIZING THE ELECTION TO BE
HELD AS A JOINT ELECTION;AND RESOLVING OTHER MATTERS
INCIDENT AND RELATED TO SUCH ELECTION AND DECLARING
AN EFFECTIVE DATE
WHEREAS, PURSUANT TO Section 9.01(a) of the Home Rule Charter (The
"Charter ") of the City of Schertz, Texas (the "City "), the regular elections of the City shall be
held on the uniform election date in November of each calendar year, with the elections for
Councilmembers for Place 3, Place 4, and Place 5 occurring in November of 2015 . and the City
determines that a special election should also be held in the City on November 3, 2015 ; and
WHEREAS, pursuant to Section 12.04 of the Charter of the City, the City Council of the
City, by majority vote of the full membership of the City Council reflected in this Ordinance, has
recommended amendments to the Charter; and
WHEREAS, the City Council of the City hereby determines to submit to the qualified
voters of the City for their adoption or rejection certain proposed amendments to the Charter
pursuant to the provisions of Sections 12.04 of the Charter and Section 9.004, as amended, Local
Government Code; and
WHEREAS, the Council hereby finds and determines that the Charter amendment
election shall be held on November 3, 2015 which is the next uniform election date prescribed
under the Texas Election Code, as amended; and
WHEREAS, the Council hereby finds and determines that holding the proposed Charter
amendment election on the next uniform election date is in the best interests of the citizens of the
City; and
WHEREAS, the City will contract with Bexar County Elections Administrator and the
Guadalupe County Elections Administrator (the "Elections Administrator ") to conduct this
election; and
WHEREAS, the City Secretary shall publish and post notice of this election as required
by applicable law.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
SECTION 1. A General election to for City Council Places 3, 4 and 5 are up for election
a uniform election date in the City of Schertz, Texas, which date is not less than thirty (30) days
from the final adoption of this Ordinance. At such election, the candidates receiving the most
votes for City Council Places 3, 4 and 5 shall be declared elected. Any candidate desiring to
have his or her name on the Official Ballot for said election shall, no sooner than July 25, 2015
and no later than August 24, 2015, file with the City Secretary an application in writing in the
form prescribed by the Texas Election Code requesting that his or her name be placed on the
Official Ballot and declaring as a candidate for City Council places 3, 4 and 5. Any person
failing to file said written application for candidacy by the time aforesaid shall not be entitled to
have his or her name printed on the Official Ballot. The name of all eligible candidates whose
applications have been duly and timely filed shall be placed on the Official Ballot pursuant to a
drawing as provided by law.
SECTION 2. An election to present proposed amendments to the City Charter shall also
be held on November 3, 2015, a uniform election date in the City of Schertz, Texas, which date
is not less than thirty (30) days from the date of the final adoption of this ordinance (this
"Ordinance "). The following measures amending the City Charter shall be submitted to the
qualified voters of the City at the special election in the form of propositions in accordance with
Section 9.004 of the Texas Local Government Code and other applicable laws:
MEASURE 1
Section 2.01 General Powers.
The City shall have all the powers granted to cities by the Constitution and general laws
of the State together with all of the implied powers necessary to execute such granted powers.
- -
- - - --
- --
--
-
-
-
-
- -
- -
- -
-
--
IN
1111111
.
Wll
..
.
"ININNIM101V
~V111
NOW
Section 3.01 Establishment.
The municipal government provided by this Charter shall consist of a Mayor and
Councilmembers, elected by the people and responsible to the people, and a City Manager,
appointed by and responsible to the City Council for proper administration of the affairs of the
City. Pursuant to its provisions and subject only to the limitations imposed by the Constitution
and general laws of the State and by this Charter, all powers of the City shall be vested in the
elected Mayor and Councilmembers, who shall enact local legislation, adopt budgets and
determine policies. All powers of the City shall be exer-eised in the manner- pr-esefibed b y hi-
.
Section 4.09 Meetings and Procedure.
(e) Passage of Ordinances and Resolutions. Ordinances and resolutions shall be
introduced to the City Council only in written or printed form. The subject or subjects of all
ordinances and resolutions shall be clearly expressed in the title. Except as may otherwise be
prescribed in this Charter, an ordinance shall not be passed at the meeting of the City Council at
which it is first introduced, but instead the ordinance or its caption shall be read, and the City
Council will determine whether it shall be rejected or further considered at a subsequent meeting
of the City Council. If rejected, no further action shall be required. The City Council must take
second and final consideration of any ordinance not later than sixty days after the first reading of
such ordinance. Notwithstanding the foregoing provisions, if the City Council, by a vote of not
less than two- thirds of the members present at the meeting at which an ordinance is first
introduced, determines that an emergency exists requiring immediate action, such ordinance may
then be voted upon and rejected or passed at that meeting. " shall be taken
any or-dinanee of r-esolution. The Mayof shall vote only in the event of a tie; the Mayof Pfe Te.m..
may vote on any matter- being eonsidefed by the City . The enacting clause of all
ordinances shall be, `BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS ", and every ordinance shall be authenticated by the signature of the Mayor
and the City Secretary and shall be systematically recorded and indexed in an ordinance book in
a manner approved by the City Council.
(1) Franchise ordinances. All ordinances granting, confirming, extending,
renewing or amending a franchise shall be accepted in writing by the grantees, and the
full text thereof shall be placed on the City's website for at least one week prior to final
adoption of the franchise ordinance.
(2) Effective date. Every ordinance passed by the City Council shall be
enrolled by the City Secretary as soon as practicable after its passage. If the ordinance
was published, he or she shall note the time and place of publication which shall be prima
facie proof of publication thereof. The affidavit by the printer or publisher shall also be
prima facie proof of the publication. Enrollment of an ordinance shall be prima facie
proof of its legal adoption and effect.
n... e: �:. ���• �. aQ. �• �n..:. Cn�: .�..= .`�Oa'.�.�e:a�iR:..�'v�eGi
-
Section 3.01 Establishment.
The municipal government provided by this Charter shall consist of a Mayor and
Councilmembers, elected by the people and responsible to the people, and a City Manager,
appointed by and responsible to the City Council for proper administration of the affairs of the
City. Pursuant to its provisions and subject only to the limitations imposed by the Constitution
and general laws of the State and by this Charter, all powers of the City shall be vested in the
elected Mayor and Councilmembers, who shall enact local legislation, adopt budgets and
determine policies. All powers of the City shall be exer-eised in the manner- pr-esefibed b y hi-
.
Section 4.09 Meetings and Procedure.
(e) Passage of Ordinances and Resolutions. Ordinances and resolutions shall be
introduced to the City Council only in written or printed form. The subject or subjects of all
ordinances and resolutions shall be clearly expressed in the title. Except as may otherwise be
prescribed in this Charter, an ordinance shall not be passed at the meeting of the City Council at
which it is first introduced, but instead the ordinance or its caption shall be read, and the City
Council will determine whether it shall be rejected or further considered at a subsequent meeting
of the City Council. If rejected, no further action shall be required. The City Council must take
second and final consideration of any ordinance not later than sixty days after the first reading of
such ordinance. Notwithstanding the foregoing provisions, if the City Council, by a vote of not
less than two- thirds of the members present at the meeting at which an ordinance is first
introduced, determines that an emergency exists requiring immediate action, such ordinance may
then be voted upon and rejected or passed at that meeting. " shall be taken
any or-dinanee of r-esolution. The Mayof shall vote only in the event of a tie; the Mayof Pfe Te.m..
may vote on any matter- being eonsidefed by the City . The enacting clause of all
ordinances shall be, `BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS ", and every ordinance shall be authenticated by the signature of the Mayor
and the City Secretary and shall be systematically recorded and indexed in an ordinance book in
a manner approved by the City Council.
(1) Franchise ordinances. All ordinances granting, confirming, extending,
renewing or amending a franchise shall be accepted in writing by the grantees, and the
full text thereof shall be placed on the City's website for at least one week prior to final
adoption of the franchise ordinance.
(2) Effective date. Every ordinance passed by the City Council shall be
enrolled by the City Secretary as soon as practicable after its passage. If the ordinance
was published, he or she shall note the time and place of publication which shall be prima
facie proof of publication thereof. The affidavit by the printer or publisher shall also be
prima facie proof of the publication. Enrollment of an ordinance shall be prima facie
proof of its legal adoption and effect.
(3) Codification of ordinances. The City Council shall have the power to
cause the ordinances of the City to be corrected, amended, revised, codified and printed
in code form as often as the City Council deems advisable, and such printed code, when
adopted by the City Council, shall be in full force and effect without the necessity of
publishing the same or any part thereof in a newspaper. All printed ordinances or codes
of ordinances shall be admitted as evidence in all courts without further proof and shall
have the same force and effect as did the original ordinance.
ION
101111@1111111"M
Ift.,
"111MIMR."VIA.,
0,1111,110,
IMM
M.
-- -- - 11
. . . . .
111 - -
. ..
- - --
. . .....
.
--
- - --
..
-- - -
. ..
.
-
. . .
.
. .
LILLUMMALUMM
M
M..
11"611111111111.
�.
SIZILLMLIAM
7
01-1
-
�=
y
se0s�.��sCn� ��e0�.�.•esisn0. n♦�i�� ��:�.GuOs:�Gssaiisv..sis�
G� ��. i��s- �esGs�.�.i..wi�sies
is�u�e0�.�ass�n�.si�iw•
7
lip
l ltR! \�•�571
\•l��nls 2S••J•(S•!
\R:.
lip
PRIOR; if
wwry
....... SUM
MIN
III
i..ae.n.w. ��.a
SS.., . i!
i..ae.n.w. ��.a
SS.., . i!
I lip.
11 Jill
im
WIN
--
-
-
--
- -
-- -
- -
--
-
- -
-
-
NMI
- - -
- - - - -
- - -
- -
- -
- -
- -
- - -
- - -
-
�.
Mill
11 Jill
--
-
-
--
- -
-- -
- -
--
-
- -
-
-
NMI
- - -
- - - - -
- - -
- -
- -
- -
- -
- - -
- - -
-
MEASURE 2
Section 4.01 Number, Selection and Term.
The City Council shall be composed of the Mayor and frve seven Councilmembers. The Mayor
and all Councilmembers shall be elected from the City at large. Subject to Section 4.06(c), the
Mayor and Councilmembers shall be elected in the manner provided in Section 9.01 of this
Charter for two -year terms. Each Councilmember shall occupy a position on the City Council,
such positions being numbered Place One through Place Seven F-ve. At the fi fst genera' elect
Three, Fetif, and Five shall be eleeted. The following yeaf and eaeh even number-ed y
thefeaftef, the Mayef and the Getineilmembefs filling Plaees One and Tv�,o shall be .
Section 4.09 Meetings and Procedure.
(c) Quoru m. three Four Councilmembers (excluding the Mayor) shall constitute a
quorum, and no action shall be valid unless adopted by the affirmative vote of wee four or more
members of the City Council. If the Mayor Pro -Tern is presiding, he or she shall be counted for
purposes of determining a quorum.
Transitional Requirements
Should Measure 2 and Measure 3 pass then the following transition shall occur:
2016
Mayor shall be elected to a three year term to expire
2019
Place 1 shall be elected to a three year term to expire
2019
Place 2 shall be elected to a three year term to expire
2019
Place 6 shall be elected to a two year term to expire
2018
Place 7 shall be elected to a two year term to expire
2018
2017
Place 3 shall be elected to a three year term to expire
2020
Place 4 shall be elected to a three year term to expire
2020
Place 5 shall be elected to a three year term to expire
2020
2018
Place 6 shall be elected to a three year term to expire 2021
Place 7 shall be elected to a three year term to expire 2021
2019
Mayor shall be elected to a three year term to expire 2022
Place 1 shall be elected to a three year term to expire 2022
Place 2 shall be elected to a three year term to expire 2022
2020
Place 3 shall be elected to a three year term to expire
2023
Place 4 shall be elected to a three year term to expire
2023
Place 5 shall be elected to a three year term to expire
2023
2021
Place 6 shall be elected to a three year term to expire 2024
Place 7 shall be elected to a three year term to expire 2024
Should Measure 2 pass and Measure 3 fail then the following transition shall occur:
Two Year Term Transition with 7 Council Members
2016
Mayor shall be elected to a two year term to expire 2018
Place 1 shall be elected to a two year term to expire 2018
Place 2 shall be elected to a two year term to expire 2018
Place 6 shall be elected to a two year term to expire 2018
2017 .
Place 3 shall be elected to a two year term to expire 2019 .
Place 4 shall be elected to a two year term to expire 2019
Place 5 shall be elected to a two year term to expire 2019
Place 7 shall be elected to a two year term to expire 2019
i
Mayor shall be elected to a two year term to expire 2020
Place 1 shall be elected to a two year term to expire 2020
Place 2 shall be elected to a two year term to expire 2020
Place 6 shall be elected to a two year term to expire 2020
2019 .
Place 3 shall be elected to a two year term to expire 2021
Place 4 shall be elected to a two year term to expire 2021
Place 5 shall be elected to a two year term to expire 2021
Place 7 shall be elected to a two year term to expire 2021
i i
Mayor shall be elected to a two year term to expire 2022
Place 1 shall be elected to a two year term to expire 2022
Place 2 shall be elected to a two year term to expire 2022
Place 6 shall be elected to a two year term to expire 2022
2021.
Place 3 shall be elected to a two year term to expire 2023
Place 4 shall be elected to a two year term to expire 2023
Place 5 shall be elected to a two year term to expire 2023
Place 7 shall be elected to a two year term to expire 2023
Section 4.01 Number, Selection and Term.
The City Council shall be composed of the Mayor and five Councilmembers. The Mayor and all
Councilmembers shall be elected from the City at large. Subject to Section 4.06(c), the Mayor
and Councilmembers shall be elected in the manner provided in Section 9.01 of this Charter for
two -three -year terms. Each Councilmember shall occupy a position on the City Council, such
positions being numbered Place One through Place Five. At the fit°* genet ' eleetion held ,,ndef
this Chafter- and eaeh odd numbered year- ther-eaftef, Gotineilmember-s to :.F4.1.1. Plaarees Three, ,
Mayor- and the Cetineiifnember-s filling Places One .,,.,,a Two shall be eleeto,a
Section 4.06 Vacancies, Forfeiture, Filling of Vacancies.
(c) Filling Vacancies.
(1) In the event of a single vacancy in the City Council, if there are 365 days
or more remaining on the term of the vacated City Council position, the City Council
shall call a special election to fill such vacancy. If there are less than 365 days remaining
in the term of the vacated City Council position, the City Council may, by majority vote
of the remaining Councilmembers, at its discretion appoint a new Mayor or
Councilmember to fill such vacancy or call a special election to fill such vacancy.
MI -- -
1�1 TA
Section 9.03 Determination of Election Results.
,
., who shall have feeeived the most votes f0f eaeb offiee east in
sueh eleetion, shall dee-lared elected.. In the event no candidate for an elective office receives
a majority of the votes cast for that place in the general or special election, a run -off election
shall be held between the two (2) candidates who received the greater number of votes. In the
event a tie vote makes it impossible to determine the winning candidate or candidates, resolution
of such tie shall be decided as provided in the Texas Election Code.
Transitional Provision
Should Measure 3 pass and Measure 2 fail the following transition shall occur:
THREE YEAR STAGGERED TERM TRANSITION WITH 5 COUNCIL MEMBERS
2016
Mayor shall be elected to a three year term to expire
2019
Place 1 shall be elected to a two year term to expire
2018
Place 2 shall be elected to a two year term to expire
2018
2017
Place 3 shall be elected to a two year term to expire
2019
Place 4 shall be elected to a three year term to expire
2020
Place 5 shall be elected to a three year term to expire
2020
2018
Place 1 shall be elected to a three year term to expire 2021
Place 2 shall be elected to a three year term to expire 2021
2019
Mayor shall be elected to a three year term to expire 2022
Place 3 shall be elected to a three year term to expire 2022
2020
Place 4 shall be elected to a three year term to expire 2023
Place 5 shall be elected to a three year term to expire 2023
2021
Place 1 shall be elected to a three year term to expire 2024
Place 2 shall be elected to a three year term to expire 2024
MEASURE 4
Section 4.06 Vacancies, Forfeiture, Filling of Vacancies.
(a) Vacancies. The office of a Councilmember or the office of the Mayor shall
become vacant upon his or her death, mental- of physieal disabiliy, r-esigHation, removal from
office in any manner authorized by law, or forfeiture of his or her office as provided for in this
Charter. Determination of mental or- physieal disability shall be eeftified by two physieia
qualified to p aetiee „- wide,,, in the State.
(b) Forfeiture. The Mayor or a Councilmember shall forfeit his or her office upon:
(1) Final conviction of a felony or of an offense involving moral turpitude, a
violation of any state laws regulating conflicts of interest of municipal officers, or is
assessed a deferred adjudication or probation for any state laws regulating conflicts of
interest of municipal officers.
(2) Ceasing to be a resident of the City.
(3) Failure to regularly attend City Council meetings without an approved
absence obtained by a majority vote by City Council either before or after the absence.
There shall be a presumption of failure to regularly attend when three (3) regular
meetings are missed during a term year without obtaining an approved absence from City
Council. Failtir-e to fegolafly attend City Gotmeil meetings without good eause. Good
disability, eattse shall be illness of tempofafy absenee ffem the City, of family
emer-geney. There shall be a pr-estimption of failufe to fegtilafly a4end when more
(4) A determination by City Council of the inability or unfitness to promptly
and properly discharge official duties because of a serious mental or physical defect that
did not exist at the time of election.
Section 4.07 Prohibitions.
(a) Employment with the City. No Mayor or Councilmember shall hold any othef
publie offiee or- employment with the City nof have any finaneial intefest, difeetly 01: ,
in any City eontfaet of tfansaetion; and no fofmef Mayof of Cotmeilmembef shall hold any
compensated City office or employment until two (2) years after the expiration of the term for
which he or she was elected to the City Council.
(b) Appointments and Removals. Neither the City Council nor any of its members
shall in any manner dictate the appointment or removal of any City administrative officer or
employee whom the City Manager or any of his or her subordinates are empowered to appoint,
unless otherwise provided in this Charter, but the City Council may express its views and fully
and freely discuss with the City Manager anything pertaining to appointment and removal of
such officers and employees.
(c) Interference with Administration. Except for the purpose of inquiries, unless
otherwise provided in this Charter, the City Council or its members shall deal with City officers
and employees who are subject to the direction and supervision of the City Manager solely
through the City Manager, and neither the City Council nor its members shall give orders to any
such officer or employee, either publicly or privately.
(d) Admission of Liability. Neither the City Council nor any of its members Of
employees of the City shall accept or admit liability or pay any claim for damages asserted
against the City without first obtaining a written opinion from the City Attorney regarding the
City's liability therein.
(e) Conflicts of Interest. It is hereby prohibited for the Mayor or Councilmember or a
City Official to violate the rules and regulations regarding conflicts of interests as set out in the
Texas Local. Government Code, Chapter 171 as amended or its successor. For purposes of this
Section term "City Official" means any individual subject to the requirements of Texas Local
Government Code, Chapter 171 as amended or its successor.
(f) Attorney Client Privilege. It shall be unlawful for the Mayor or a Council
Member to release any attorney- client privileged communication. The City Council as the
governing body of the City holds and is entitled to the attorney client - privilege and it may
only be waived by an affirmative vote of two - thirds of the City Council.
Section 4.11 Council Investigations; Hearings; Process
A. General. In addition to any other specific authority of investigation and hearing
provided for in this Charter, the City Council shall have the power to inquire into the official
conduct of any department, agency, appointed boards, office, officers, employees or appointed
board members of the City. For the purpose of investigations and hearings, the City Council
shall have the power to administer oaths, subpoena witnesses, compel the production of books,
papers, and other evidence material to the inquiry. The City Council shall provide, by ordinance,
penalties for contempt in failing or refusing to o obey any such subpoena or to produce any such
books, papers or other evidence. The City Council shall have the power to punish any such
contempt in the manner provided by such ordinance.
B. Hearings Process for Forfeitures of Office and Prohibitions.
1. All hearings held under this subsection shall be conducted in open session, except
that the City Council map conduct a closed session to get advice from its
attorney pursuant to the Texas Open. Meetings Act;
2. The office holder subject to any investigation and/or hearing under this section
shall be entitled to written notice of the allegations of forfeiture and /or the
alleged violation of this Charter as applicable;
3. A special meeting shall be called to hold the hearing:
4. A member of City Council who initiated or is the subject of the investigation or
hearing shall not sit at the dais and shall not participate in deliberations or vote;
5. City Council shall adopt by ordinance rules of procedures to be followed;
6. The City Council shall state the nature of the hearing and the allegations to be
considered, shall be provided the results of any investigation and a presentation
of the evidence against the office holder including, but not limited to testimony
from individuals;
7. The individual who is subject to the hearing shall be provided an opportunity to
respond to the allegations and present any relevant evidence including, but not
limited to, testimony from individuals;
8. City Council may ask questions of any individual;
9. No public comment shall be allowed;
1.0. In the case of an alleged forfeitures of office pursuant to Section 4.06 (b) of this
Charter City Council shall vote on the forfeiture and on the affirmative vote of
two - thirds of City Council declare the office of said office holder to be forfeited
and vacant;
11. In the case of an alleged violation of Section 4.07 of this Charter City Council .
may, on the affirmative vote of a majority of the City Council, take any action it
determines to be appropriate including, but not limited to, directing further
investigation, requesting further information, vote to enforce a penalty_ pursuant
to section 12.10 of this Charter, vote to bring an action in municipal court, take
a vote of censure; or, upon the affirmative vote of two - thirds (2/3) of City
Council declare the office of said office holder to be forfeited and vacant.
12. Unless prohibited pursuant to subsection 4 herein, the Mayor shall vote in the case
of an alleged forfeitures of office pursuant to Section 4.06 (b) of this Charter or
of an alleged violation of Section 4.07 of this Charter.
(4) No City employee of elected of appointed City offieial shall ofally, by
lettef or- other-wise solieit or- assist in soheiting any assessment, s4ser-iption OF
any toil City
(5) With fespeet to any eampaign f6f eleetion to an offlee in the City, no
pefson who holds any eompensated City position shall make, soheit or- r-eeeive afly
he may exefeise his fights as a eitizen to expfess his opinions and to east his vote.
(6) No per-son related < .;thi the seeend degree by affinity o „tin the third
degfee by eonsanguinity to any eleeted offieef of the City, of to the City , shall
be employed by the City or- be appointed to any offiee, position, or- eler-kship of
ser-viee of the City, bt4 this pfohibition shall not apply to any stteh pefson fela4ed in the
pfohibited degree who has been eontifmottsly employed by the City fef not less than two
yeafs pfiof to the eleetion of appointment of the offieef.
(b) Penqltie�. Any per-son who by himself of hefself of with othefs wiliffilly violates
any of th of pafagr-aphs 'a""' *I.F gh (a)(6) of this Seetion shall be guilty of
miseonduet and sh—all immediately forfeit his or- her- offie i upon order- of the City
Section 12.10 Penalty Clause.
A. Criminal Penalty. Apy person who by himself or with others violates apy provision of
this charter shall, in addition to any other penalty, be guilty of a misdemeanor and upon
conviction thereof shall be punishable by a fine of not more $500.00. City Council shall enact an
ordinance enforcing this section.
B. Civil Penalty. Upon the affirmative vote of two - thirds of the City Council any person
who by himself or with others violates any provision of this charter shall be, in addition to an
other penalty provided for herein, subiect to a civil fine of not more than $500.00.
MEASURE 5
Section 7.02 Submission of Budget.
The City Manager shall submit to the City Council a budget for the ensuing fiscal year
and an accompanying message not later than shy fifty-days prior to the beginning of each fiscal
year.
Seetio 7.03 Budget Message
(a) n budget message.
(b) n , olid,toa statement of r-eeeipts .,,.,,a expendittir-es for- all ffinas
(c) An analysis of pfopeftyvaluations,
(d) An analysis of tax fate
(e) Tax levies and tax eolleetions by yeafs fof the pfeeeding five yeafs.
(g) Stimmafy of pfoposed expendittifes by funetion, department and aetivity,
(1)
the stifnmafies mentioned in (g) and (h) above. Sueh estimates of expendittir-es afe to ifieltide —an
itemizza4ion of positions showing the numbef of pefsons hwving eaeh title and the fate of pay.
0) A fevefiue and expense statement fef all types of bonds.
(k) A desefi.ption of all bond issues outstanding, showing fate of intefest, date o
issue, Maturity date, e-al-l- di-atle, if any, amount at"or-ized, amotint issued, and amotint,
outstanding,
(1) .
(m) A speeial funds seetion,
(n) The appropfiation fd o
The total estimated expenditufes of eaeh ftmd shall not exceed the total estima
the City Managef .seems deli
as abbe
Sect;,,,., 7.04 Budget Contents.
rtai the f flow rn.
(a) n budget message.
(b) n , olid,toa statement of r-eeeipts .,,.,,a expendittir-es for- all ffinas
(c) An analysis of pfopeftyvaluations,
(d) An analysis of tax fate
(e) Tax levies and tax eolleetions by yeafs fof the pfeeeding five yeafs.
(g) Stimmafy of pfoposed expendittifes by funetion, department and aetivity,
(1)
the stifnmafies mentioned in (g) and (h) above. Sueh estimates of expendittir-es afe to ifieltide —an
itemizza4ion of positions showing the numbef of pefsons hwving eaeh title and the fate of pay.
0) A fevefiue and expense statement fef all types of bonds.
(k) A desefi.ption of all bond issues outstanding, showing fate of intefest, date o
issue, Maturity date, e-al-l- di-atle, if any, amount at"or-ized, amotint issued, and amotint,
outstanding,
(1) .
(m) A speeial funds seetion,
(n) The appropfiation fd o
The total estimated expenditufes of eaeh ftmd shall not exceed the total estima
The City Council should adopt the budget, with or without
amendments, after public hearings and before the first day of the ensuing fiscal year. Should the
City Council take no final action, amounts appropriated for the current fiscal year shall be
deemed adopted on a month to month basis. Final adoption shall constitute appropriation of the
expenditures proposed from funds so indicated.
MWERMN
. • ................
-
I
-- - - .. .. . ..... . - -
-
MINN.. -
\Tl••1•I!4R9•�•:l9 %••i
The City Council should adopt the budget, with or without
amendments, after public hearings and before the first day of the ensuing fiscal year. Should the
City Council take no final action, amounts appropriated for the current fiscal year shall be
deemed adopted on a month to month basis. Final adoption shall constitute appropriation of the
expenditures proposed from funds so indicated.
MWERMN
. • ................
-
I
lux
MWERMN
I
lux
♦
PI FA MM9
1 /
pun
. ... . ... ... ... . .. ...
. ... .
• i
... . . . . . . . . . . . .
NO-MM I .. . .
• i i
ROPMAN
Ce.•.• i. iva•♦ i�u�• i• n��ioi•. ii0�• in��io •in ♦: ♦��••o•�•��•�oiuicoQ•nn•� �ii•�•
. .........
• • ' • • •
Mw 11
• • • ' • • • •. '. • i •.
1/
... .. . . .. . ... . . . . . . . . . ... ..
•
PI FA MM9
M-SPWRIMMM
pun
. ... . ... ... ... . .. ...
. ... .
• i
... . . . . . . . . . . . .
NO-MM I .. . .
• i i
MMIMM
. . .
.. . . . .. . .. . .
. . .. . . .. . ..
.. \ . . _
. .........
• • ' • • •
Mw 11
• • • ' • • • •. '. • i •.
1/
... .. . . .. . ... . . . . . . . . . ... ..
•
PI FA MM9
M-SPWRIMMM
. ... .
. . ..
... . . . . . . . . . . . .
MMIMM
. . .
.. . . . .. . .. . .
. .........
• • ' • • •
Mw 11
• • • ' • • • •. '. • i •.
1/
... .. . . .. . ... . . . . . . . . . ... ..
•
. ... .
. . ..
... . . . . . . . . . . . .
.. .. ..
. . .
.. . . . .. . .. . .
eiving and spending ageney of the City to be made daily of at stteh intel=vals as he Of
she > deem expedient,
(4) S4mit to the City Cottneil a monthly statement of all feeeipts and
,
and r-epoft.
(6) Super-vise and be fesponsible f6f the eolleetion of all t-- I
is fesponsible and feeeive all money feeeivable by the City ffom the State of fedefal,
govemment, of ffom any > of ffom any offiee,
(7) SefN,e as Ex Offieio City Tfeastifef and have eustody of all publie funds
belonging to of tindef the eontfol of the City, of any offiee, depaftment of ageney of the
Ci�y, and have deposited daily all funds eoming into his of hef hands in si
depositofy(s) as may be designated by fesolutioti of the City Couneil, as detefmined-by
s4seetion (11) below.
(9) Have Etistody of all investments and nveste 4;mds of the City, o ni
, and ha-ve the safekeeping of all
supplies, �--Js and notes of the City and the feeeipt and delivefy of City bonds and notes
all ,
ageney of the City.
(10) Appfove all pfoposed expenditufes.
MEASURE 6
Section 4.02 Qualifications.
The Mayor and each Councilmember must, at the time of filing f offie°, have attained
the age of eighteen or older on the first day of the term of office applied for, be a registered voter
of the City of Schertz, and have been a resident of the City for at least six: twelve consecutive
months immediately preceding the deadline for filing for an application for a place on the ballot
appfepr-iate
Section 9.01 City Elections.
(a)
11111 -moil
(a) The regular City election shall be held annually on the uniform election date in
November, or at such other times as may be authorized or specified by State Law, at which time
officers will be elected to fill those offices which become vacant that year.
(b) The City Council shall fix the place for holding such election.
(c) The City Council may, by ordinance or resolution, order a special election, fix the
date and place for holding same, and provide all means for holding such special election.
Section 9.02 Candidates.
(a) Any person having the qualifications set forth for- Counlmembef—under
Section 4.02 of this Charter shall have the right to file an application to have his or her name
placed on the official ballot as a candidate for any one elective office_ stie . as M.,yaf,
,
shall inelude the eandidate's name, address, telephone riumbef, date of birth, and date af
fesideney, shall be signed by stieh eandidate and aeeempanied by his of bef loyalty affidavit and–
a statement that the eandidate is awafe of appheable State nepotism laws, as pr-esefibed by Te
Eleetion Code, mid shall be filed with the City Seer-etaf-y of appfepr-iate atither-it-Y within the ti
1. Any such application shall be in writing, signed by such candidate, and filed
with the City Secretary in accordance with the Texas Elections Code and this
Charter.
2. An application filed in accordance herewith shall entitle such annlicant a place
on the official ballot.
(a) The regular City election shall be held annually on the uniform election date in
November, or at such other times as may be authorized or specified by State Law, at which time
officers will be elected to fill those offices which become vacant that year.
(b) The City Council shall fix the place for holding such election.
(c) The City Council may, by ordinance or resolution, order a special election, fix the
date and place for holding same, and provide all means for holding such special election.
Section 9.02 Candidates.
(a) Any person having the qualifications set forth for- Counlmembef—under
Section 4.02 of this Charter shall have the right to file an application to have his or her name
placed on the official ballot as a candidate for any one elective office_ stie . as M.,yaf,
,
shall inelude the eandidate's name, address, telephone riumbef, date of birth, and date af
fesideney, shall be signed by stieh eandidate and aeeempanied by his of bef loyalty affidavit and–
a statement that the eandidate is awafe of appheable State nepotism laws, as pr-esefibed by Te
Eleetion Code, mid shall be filed with the City Seer-etaf-y of appfepr-iate atither-it-Y within the ti
1. Any such application shall be in writing, signed by such candidate, and filed
with the City Secretary in accordance with the Texas Elections Code and this
Charter.
2. An application filed in accordance herewith shall entitle such annlicant a place
on the official ballot.
(b) A candidate of the City Council shall specify the place number or position the
candidate is seeking.
(c) A filing fee of five dollars, or such other amount as may hereafter be set by the
City Council, must be paid to the City Secretary each candidate upon presentation of his or
her application. The filing fee shall be waived if the candidate states in writing that hat payment
thereof will constitute a financial hardship.
MEASURE 7
Section 10.03 Petitions.
(a) Number of signatures. Initiative; and referendum—,ef4eeaU petitions must be signed by
qualified voters of the City equal in number to at least €ice (50) fifteen 15) percent of the
number of voters registered to vote at the last general City election total number- of qualified
voters who voted at the last Nelayofal eleetion, bt4 no less than thfee hundfed . Recall
petitions must be signed by qualified voters of the City equal in number to at least twenty (20)
percent of the number of voters registered to vote at the last general City election.
lu I WIN 10111 �E:l
See. 1.02. - Boundaries; Extension, Annexation and Disannexation.
(c) Disannexation. Any area hereafter annexed under this Charter and the law of this State
may be disannexed as follows: ^N'-- in efdanee with State !a
i. Prior to disannexing any property of the City a public hearing shall held
before both the City's Planning and Zoning commission and City Council on the proposed
disannexation.
ii. Before the 10th day before the hearing date before the Planning and Zoning
Commission, written notice of the public hearing shall be sent to each owner, as indicated by
most recently pproved municipal tax roll, of real property within 200 feet of the area to be
disannexed. The notice may be served by its denosit in the United States mail. nronerly
addressed with postage paid.
iii. Not later than 30 days of completion of the public hearing by the Planning
and Zoning Commission the City Council shall hold a public hearing on n the proposed
disannexation. Before the 15th day before the date of the public hearing, a general description of
the property to be disannexed and notice of the time and place of the hearing must be published
in an official newspaper or a newspaper of general circulation in the City.
iv. Not later than 30 days after the completion of the public hearing conducted by
City Council the City Council may adopt an ordinance disannexing the property. A metes and
bounds description of the property shall be attached to the ordinance as an exhibit.
MEASURE 9
Section 4.05 Mayor and Mayor Pro -Tem.
The Mayor shall be the official head of the City government. He or she shall be the
chairman and shall preside at all meetings of the City Council. The Mayor may vote only in the
event of a tie. He or she shall, when atit , °a unless another si ng atory is otherwise designated
by the City Council, sign all official documents such as ordinances, resolutions, conveyances,
grant agreements, official plats, contracts, and bonds. He or she shall appoint special committees
as instructed by City Council, with committee membership to be composed of nominees by the
City Council. He or she shall perform such other duties consistent with this Charter or as may be
imposed upon him or her by City Council. The Mayor shall not have veto powers.
The Mayor Pro -Tem shall be a Councilmember appointed by the City Council for a term
and pursuant to procedures established by the City Council from time to time. The Mayor Pro -
Tem shall act as Mayor during the absence or disability of the Mayor and in this capacity shall
have the rights conferred upon the Mayor. While acting as Mayor, the Mayor Pro -Tem may vote
on any matter before the City Council.
MEASURE 10
Section 5.01 Appointment; Qualifications; Compensation.
The City Council shall appoint a City Manager and fix his or her compensation. He or
she shall be chosen on the basis of his or her executive and administrative training, experience,
ability and character. He or she need not be a resident of the City or State at the time of his or
her appointment, but he or she must agree, prior to such appointment, to become a resident of the
City within four months after the date of his or her appointment. If he or she thereafter fails to
become a resident of the City within that four -month period, he or she shall be deemed to have
forfeited his or her appointment and the office shall be declared vacant by announcement of the
Mayor at the first meeting of the City Council following the expiration of the four -month period.
The City Manager shall serve at the will and pleasure of the City Council. He or she shall be
employed for or relieved from his or her duties by a vote of a majority of the members of the
entire City Council. On the , ,,,aatio,, of the City Manage the City Getineil w,
one of mefe Assistant City Managefs and set the eempensation f6f stieh appointees.
MEASURE 11
Section 5.03 Powers and Duties of City Manager.
(a)He 0 The City Manager or their designee shall attend all City Council
meetings and shall have the right to take part in discussion but may not vote.
MEASURE 12
Section 6.02 Operational and Personnel Rules Policies.
The City Manager shall be responsible for the preparation of operational and personnel
policies. Personnel
policies which affect the budget and employee discipline and /or adverse actions shall be
aqpproved by City Council. The City Council may accept and adopt such ..,s policies as
proposed or may adopt them with such amendments as the City Council deems necessary or may
reject them in their entirety and direct the City Manager to further consider the .-olp icies and
present new proposals at a subsequent meeting. Operational and administrative policies shall be
aqpproved by the City Manager but shall be provided to City Council for their information.
MEASURE 13
Section 6.06 City Secretary
(a) The City Council shall appoint a City Secretary and his, of ,debt, or- dept ties
who shall act as Secretary of the City Council and who shall hold office at the pleasure of the
City Council. The City Secretary shall be the clerical officer of the City Council, and shall keep
the minutes, agenda, ordinances and other official records of the City Council and the City. The
City Secretary shall be the custodian of the official seal of the City, and shall have such other
duties and powers prescribed in this Charter and by the City Council. The City Council will set
the compensation for the City Secretary. The City Secretary shall report administratively to the
City Manager but may be removed from office only by the City Council
(b) Upon approval by City Council of the position(s), the City Secretary may hire a
deputy or deputies. The Depu . or Deputies shall report directly to the City Secretary.
MEASURE 14
1041- 13U19of�
Section 10.09 Ordinances Passed by Petition, Repeal or Amendment
No ordinance which may have been passed by the City Council upon a petition or adopted bX
popular vote under the provisions of this Article may be repealed or amended by the City
Council for a period of three (3) years from the date said ordinance became effective and then
only upon an affirmative vote of two - thirds (2/3s) of the City Council.
MEASURE 16
Section 12.01 Personal Financial Interest
1........iR���.�1.�..� Z J1�1'l�.l ��.).�...� �..:f.. :l l.... �`�.:.�1�It AlR�1�.��..I�IR.�'� %�.:.�..1�1R�1 �•��.: �. :..�I..l t�l <�1.1�1
For purposes of this Section term "City Official" means any individual subject to the
requirements of Texas Local Government Code, Chapter 171.
It is hereby prohibited for City Council members or a City Official to violate the rules and
regulations regarding conflicts of interests as set out in the Texas Local Government Code,
Chapter 171.
MEASURE 17
Section 12.05 Charter Review Commission.
The City Council shall periodically appoint a Charter Review Commission which shall
consist of no less than 5 and no more than 11 of frv€ citizens of the City. It shall be the duty of
the Commission to:
MEASURE 18
Section 12.05 Charter Review Commission.
The City Council shall periodically appoint a Charter Review Commission of five citizens of the
City. It shall be the duty of the Commission to:
(a) Inquire into the operation of the City government under the Charter provisions and
determine whether any such provisions require revision and to this end, public hearings may be
held and the Commission shall have the power to compel the attendance of any officer or
employee of the City to require the submission of any of the City records which it may consider
necessary to the conduct of such hearing.
(b) Make any recommendations it considers desirable to insure compliance with the provisions
of this Charter by the several departments of the City.
(c) Propose amendments to this Charter to improve its effective application to current conditions.
(d) Report its findings and present its proposed amendments, if any, to the City Council. The
City Council shall receive any report submitted by the Charter Review Commission, may
comment on any proposed amendment recommendations made, and, if any amendment or
amendments are presented as a part of such report, shall order such to be submitted to the voters
of the City in the manner provided in Section 12.04.
�=
For purposes of this Section term "City Official" means any individual subject to the
requirements of Texas Local Government Code, Chapter 171.
It is hereby prohibited for City Council members or a City Official to violate the rules and
regulations regarding conflicts of interests as set out in the Texas Local Government Code,
Chapter 171.
MEASURE 17
Section 12.05 Charter Review Commission.
The City Council shall periodically appoint a Charter Review Commission which shall
consist of no less than 5 and no more than 11 of frv€ citizens of the City. It shall be the duty of
the Commission to:
MEASURE 18
Section 12.05 Charter Review Commission.
The City Council shall periodically appoint a Charter Review Commission of five citizens of the
City. It shall be the duty of the Commission to:
(a) Inquire into the operation of the City government under the Charter provisions and
determine whether any such provisions require revision and to this end, public hearings may be
held and the Commission shall have the power to compel the attendance of any officer or
employee of the City to require the submission of any of the City records which it may consider
necessary to the conduct of such hearing.
(b) Make any recommendations it considers desirable to insure compliance with the provisions
of this Charter by the several departments of the City.
(c) Propose amendments to this Charter to improve its effective application to current conditions.
(d) Report its findings and present its proposed amendments, if any, to the City Council. The
City Council shall receive any report submitted by the Charter Review Commission, may
comment on any proposed amendment recommendations made, and, if any amendment or
amendments are presented as a part of such report, shall order such to be submitted to the voters
of the City in the manner provided in Section 12.04.
The term of office of the Charter Review Commission shall be 180 days after the date of the first
meeting, said first meeting to occur within fort. -- f�45) days of the date of appointment.
appointment of the G^,,,, . ^� ° td-, ilf during this term no report is presented to the City
Council, then all records of the proceedings of the Commission shall be filed with the City
Manager and the Charter Review Commission shall be dismissed.
MEASURE 19
Section 12.09 Disaster Clause.
In the case of a common disaster when a legal quorum of the City Council cannot
otherwise be assembled due to multiple deaths or injuries, the surviving �persons of the City
Council, or highest surviving City official, if no elected official remains, shall, within 24 hours
of such disaster, request the highest surviving officers of the Guadalupe County Commissioners
Court to appoint a number of residents of Schertz, qualified to serve as City Council Members,
equal to the number necessary to make a quorum to act during the emergency as the City
Council. The newly appointed City Council shall call a City election within 1.5 days of their
qppointment, or as provided in the Texas Election Code, for election of the vacant offices, if for
good reasons it is known a quorum of the present City Council will never again meet. If it is
determined that a quorum of the City Council will meet again, the appointed Council Members
shall serve in their position until such time as the Council Members may begin servin&
SECTION 3.
Measure 1 shall be placed on the ballot in the form of the following Proposition:
The Amendment of the City Charter eliminating those provisions which are redundant of
State Law or other sections of the Charter.
FOR AGAINST
Measure 2 and shall be placed on the ballot in the form of the following Proposition:
DGIWOME
The Amendment of the City Charter changing the number of Council Members from five
(5) to seven (7).
FOR
AGAINST
Measure 3 shall be placed on the ballot in the form of the following Proposition:
19Zi70m II[•]etcj
The Amendment of the City Charter changing the term of office of City Council
members and the .Mayor from two (2) years to three (3) years.
FOR
AGAINST
Measure 4 shall be placed on the ballot in the form of the following Proposition:
ffl •
The Amendment of the City Charter providing for prohibitions and forfeitures of office
and creating a due process procedure.
FOR
AGAINST
Measure 5 shall be placed on the ballot in the form of the following Proposition:
111.12
The Amendment of the City Charter revising the City's financial procedures.
Welam1
Measure 6 shall be placed on the ballot in the form of the following Proposition:
PROPOSITION 6
The Amendment of the City Charter to provide that elections are to be conducted
pursuant to State law.
WE
AGAINST
Measure 7 shall be placed on the ballot in the form of the following Proposition:
PROPOSITION 7
The Amendment of the City Charter to provide that initiative and Referendum petitions
must be signed by fifteen (15) percent of the number of voters registered to vote at the last
general City election and that recall petitions must be signed by qualified voters of the City equal
in number to at least twenty (20) percent of the number of voters registered to vote at the last
general City election.
••
r_T•�_11013
Measure 8 shall be placed on the ballot in the form of the following Proposition:
PROPOSITION 8
The Amendment of the City Charter to provide a process for disannexation of City
property as required by State law.
•'
Measure 9 shall be placed on the ballot in the form of the following Proposition:
PROPOSITION 9
The Amendment of the City Charter clarifying that the Mayor is the official signatory for
official documents unless otherwise designated by Council.
•'
Measure 10 shall be placed on the ballot in the form of the following Proposition:
PROPOSITION 10
The Amendment of the City Charter deleting the requirement for the City Council to
appoint Assistant City Managers.
Uffls
WHAM&I
Measure 11 shall be placed on the ballot in the form of the following Proposition:
PROPOSITION 11
The Amendment of the City Charter authorizing the City Manager or a designee to attend
all City Council meetings.
•'
Measure 12 shall be placed on the ballot in the form of the following Proposition:
The Amendment of the City Charter revising the process for adopting operational and
personnel policies.
••
WHAMMl
Measure 13 shall be placed on the ballot in the form of the following Proposition:
PROPOSITION 13
The Amendment of the City Charter authorizing the City Secretary to hire and supervise
deputy city secretaries.
••
AGAINST
Measure 14 shall be placed on the ballot in the form of the following Proposition:
PROPOSITION 14
The Amendment of the City Charter deleting the section requiring the creation of a
planning and zoning commission as repetitive of State law.
••
Measure 15 shall be placed on the ballot in the form of the following Proposition:
PROPOSITION 15
The Amendment of the City Charter to provide a process for amending or repealing an
ordinance adopted as a result of a petition by the voters.
••
Measure 16 shall be placed on the ballot in the form of the following Proposition:
Balwelewo
The Amendment of the City Charter prohibiting city officials and city council members
from violating the State law on conflicts of interest.
FOR
AGAINST
Measure 17 shall be placed on the ballot in the form of the following Proposition:
I Z•71•I►yllll[•lOR
The Amendment of the City Charter to require the Charter Review Commission to
consist of no less than 5 and not more than 11 citizens of the City.
FOR
AGAINST
Measure 18 shall be placed on the ballot in the form of the following Proposition:
The Amendment of the City Charter to provide the term of office of the Charter Review
Commission shall be 180 days after the date of the first meeting with the first meeting to occur
within forty -five (45) days of the date of appointment.
FOR AGAINST
Measure 19 shall be placed on the ballot in the form of the following Proposition:
PROPOSITION 19
The Amendment of the City Charter to provide a process for reconstituting the City
Council if required after a common disaster.
FOR AGAINST
SECTION 4. Pursuant to Section 61.012, as amended, Texas Election Code, the City
shall provide at least one accessible voting system in each polling place used in the election.
Such voting system shall comply with Texas and federal laws establishing the requirement for
voting systems that permit voters with physical disabilities to cast a secret ballot. Touch screen
machines may be used for early voting and election day voting by personal appearance. Certain
early voting may be conducted by mail. The Election Administrators shall also utilize a Central
Counting Station (the "Station ") as provided by Section 127.001, et seq., as amended, Texas
Election Code. Jacquelyn Callanen, the Elections Administrator for Bexar County and Lisa
Adam, the Elections Administrator of Guadalupe, have been appointed as the Managers and
Presiding Judges of the Station, and they may appoint Station clerks and establish a written plan
for the orderly operation of the Station in accordance with the provisions of the Texas Election
Code. The Election Administrator will appoint the Tabulation Supervisor, who will also serve as
the Programmer for the Station. Lastly, the Election Administrators will publish notice and
conduct testing on the automatic tabulation equipment relating to the Station and conduct
instruction for the officials and clerks for the Station in accordance with the provisions of the
Texas Election Code.
SECTION 5. The City election precincts established for this election shall be the
precincts named on Exhibit A attached hereto. A list of the City election precincts and the
polling places designated for each such election precinct are identified on Exhibit A to this
Ordinance, and this Exhibit is incorporated by reference for all purposes. At least 63 days prior
to the scheduled election date, the Council, in coordination with the Elections Administrator, will
identify and formally approve the appointment of the Presiding Judges, Alternate Presiding
Judges, Election Clerks, and all other election officials for this election.
Each Presiding Judge shall appoint not less than two (2) resident qualified voters of the
County to act as clerks to properly conduct the election. However, if the Presiding Judge
appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. The
appointment of such clerks may include a person fluent in the Spanish language to serve as a
clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on the
day of the election. In the absence of the Presiding Judge named above, the Alternate :Presiding
Judge shall perform the duties of the Presiding Judge.
The election shall be held in the City at the precinct locations listed on Exhibit A as
prescribed by applicable law, and, on the day of the election, the polls shall be open from 7:00
a.m. to 7:00 p.m.
The Bexar County Elections Office, 203 W. Nueva St #300, San Antonio, Texas 78207
and Guadalupe County Elections Office, 1101 Elbel Road, Schertz, Texas 78154, are hereby
designated as the main early voting places at which early voting shall be conducted. Lisa Adam,
the Elections Administrator (whose mailing address is Post Office Box 1346, Seguin, Texas
78156), and Jacquelyn Callanen Elections Administrator (whose mailing address is 203 W.
Nueva Ste #300, San Antonio, Texas 78207 are hereby appointed as the Early Voting Clerks to
conduct such early voting in the election. The Early Voting Clerk shall appoint not less than two
(2) Deputy Early Voting Clerks in accordance with the provisions of the Texas Election Code.
Early voting shall be conducted on the dates and at the times, and at the locations, identified in
Exhibit A.
An Early Voting Ballot Board is hereby established for the purpose of processing early
voting results. Jacquelyn Callanen and Lisa Adam, the Elections Administrators of Bexar and
Guadalupe County, will appoint the Presiding Judge of the Early Voting Ballot Board. The
Presiding Judge shall appoint not less than two (2) nor more than ten (10) resident qualified
voters of the County to serve as members of the Early Voting Ballot Board.
SECTION 6. All resident qualified voters of the City shall be permitted to vote at any
one of the early voting locations, and, on the day of the election, such voters shall vote at any one
of the designated polling places. The election shall be held and conducted in accordance with
the provisions of the Texas Election Code, as amended, and the provisions of Texas Revised
Civil Statutes, Chapter 1 of Title 22, as amended, and as may be required by any other law. All
election materials and proceedings shall be printed in both English and Spanish.
SECTION 7. The anticipated fiscal impact of conducting the election and implementing
modifications, if any, to the Charter which may be approved by the voters in such election is
currently estimated to be $38,000.
SECTION 8. A substantial copy of this Ordinance shall serve as a proper notice of the
election. This notice, including a Spanish translation thereof, shall be posted at the City Hall not
less than twenty -one (21) days prior to the date the election is to be held, and be published in a
newspaper of general circulation in the City, (a) not more than thirty (30) days, and not less than
ten (10) days prior to the day of the election, and (b) on the same day in each of two successive
weeks with the first publication occurring not less than fourteen (14) full days prior to the day of
the election.
SECTION 9. The Council authorizes the City Manager or his designee to negotiate and
enter into a joint election agreement and a contract to conduct the election with the Elections
Administrator in accordance with the provisions of the Texas Election Code.
SECTION 10. The recitals contained in the preamble hereof are hereby found to
be true, and such recitals are hereby made a part of this Ordinance for all purposes and are
adopted as a part of the judgment and findings of the Council.
SECTION 11. All ordinances and resolutions, or parts thereof, which are in
conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of
such conflict, and the provisions of this Ordinance shall be and remain controlling as to the
matters ordered herein.
SECTION 12. This Ordinance shall be construed and enforced in accordance with
the laws of the State of Texas and the United States of America.
SECTION 13. If any provision of this Ordinance or the application thereof to any
person or circumstance shall be held to be invalid, the remainder of this Ordinance and the
application of such provision to other persons and circumstances shall nevertheless be valid, and
this Council hereby declares that this Ordinance would have been enacted without such invalid
provision. The Council hereby authorizes the Mayor and the City Manager of the City to make
such technical modifications to this Ordinance that are necessary for compliance with applicable
Texas or federal law or to carry out the intent of this Council, as evidenced herein.
SECTION 14. It is officially found, determined, and declared that the meeting at
which this Ordinance is adopted was open to the public and public notice of the time, place, and
subject matter of the public business to be considered at such meeting, including this Ordinance,
was given, all as required by Chapter 551, Texas Government Code, as amended.
SECTION 15. This Ordinance shall be in force and effect from and after its final
passage and any publication required by law.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
THAT THIS ORDINANCE WAS PASSED on first reading, this the day of July,
2015.
PASSED, APPROVED, AND ADOPTED on second and final reading, this the
day of , 2015. .
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
Early Polling Places and Election Precincts
Location, Dates & Hours of Main Early Voting Polling Location
(Lugar, Fechas y Horas de los Centros Principales de VotacionPara la Votacion Anticipada)
Comal & Guadalupe County:
Monday, Oct.19thth through Friday, Oct. 23rd, 2015 Lunes, 19 de Oct. hasta el Viernes, 23 de Oct. de 2015
8:00 a.m. to 5:00 p.m. de 8:00 de la manana a las 5:00 de tarde
Monday, Oct. 26th through Friday, Oct. 30st, 2015 Lunes, 26 de Oct. hasta el Viernes, 30 de Oct. de 2015
7:00 a.m. to 7:00 p.m. de 7:00 de la manana a las 7:00 de la tarde
Saturday, Oct. 24, 2015 — 7:00 a.m. to 7:00 p.m. Sabado, 24 de Oct., 2015 — de 7:00 de la manana a las
7:00 de la tarde
Sunday, Oct. 25, 2015 —1:00 p.m. to 6:00 p.m. Domingo, 25 de Oct., 2015 — de 1:00 de la tarde a las 6:00
de la tarde
Comal & Guadalupe Counties:
Seguin Elections Office -215 So. Milan Street, Seguin, TX (Main Early Voting Location)
Grace Memorial Church -3240 FM725 -New Braunfels, TX
Central Texas Technology Center -Room 118 Conference Room, 2189 FM 758, New Braunfels, TX
Schertz Elections Office Annex -1101 Elbel Rd.- Schertz, TX
New Berlin City Hall -9180 FM 775 -New Berlin, TX.
Election Day Polling Locations
Polls Open from 7:00 a.m. to 7:00 p.m.
COMAL C0:
202
John Paul II Catholic High School, 6720 FM 482, New Braunfels
301
Westside Community Center, 2932 So. IH 35, New Braunfels
GUADALUPE CO:
303
Schertz Elections Office, 1101 Elbel Rd., Schertz
304
Schertz United Methodist Church, 3460 Roy Richard Dr., Schertz
305
Selma City Hall, 9375 Corporate Dr., Selma
306
Crosspoint Fellowship Church, 2600 Roy Richard Drive, Schertz
401
Immaculate Conception Catholic Church, 212 N. Barnett St., Marion
402
Schertz Community Center, 1400 Schertz Parkway, Schertz
403
Knights of Columbus Hall, 509 Schertz Pkwy., Schertz
404
Schertz Community Center North, 3501 Morning Dr., Cibolo
409
Elaine S. Schlather Intermediate School, 230 Elaine S. Schlather Pkwy., Cibolo
Applications for Ballot by Mail shall be mailed to: (Las solicitudes para boletas que se votaran adelantada por correo deberan
enviarse a:) Lisa Adam, Elections Administrator, P. 0. Box 1346, Seguin, TX 78156 -1346. Applications for Ballots by Mail must be
received no later than the close of business on Oct. 23, 2015. (Las solicitudes para boletas que se votaran adelantada por correo
deberan recibirse para el fin de las horas de negocio el 23 de Oct., 2015.)
Bexar County:
JOINT GENERAL ELECTION
ELECCION CONJUNTO
NOVEMBER 3, 2015
3 de noviembre de 2015
THE HOURS OF EARLY VOTING WILL BE: (LAS HORAS Y FECHAS DE VOTACION
ADELANTADA SERAN:)
Mon., Oct. 19 thru Fri., Oct. 23 ....... ............................... ...........................8:00 a.m. to 6:00 p.m.
Lunes 19 de octubre de 2015 hasta el viernes 23 de octubre de 2015 8:00 a.m. to 6:00 p.m.
Sat., Oct. 24, 2015 .......................... ............................... ..........................10:00
a.m. to 6:00 p.m.
Sabado 24 de octubre de 2015 ..... ............................... ..........................10:00
a.m. to 6:00 p.m.
Sun., Oct. 25, 2015 .................................................. ...............................
12:00 noon — 6:00 p.m.
Domingo 25 de octubre de 2015 ............................ ...............................
12:00 noon — 6:00 p.m.
Mon., Oct. 26 thru Wed., Oct. 28 .... ............................... ...........................8:00 a.m. to 6:00 p.m.
Lunes 27 de octubre de 2015 hasta el miercoles 28 de octubre ........8:00
a.m. to 6:00 p.m.
Thurs., Oct. 29 thru Fri., Oct. 30 .... ............................... ...........................8:00 a.m. to 8:00 p.m.
Jueves 29 de octubre de 2015 hasta el viernes 30 de octubre de 2015 8:00 a.m. to 8:00 p.m.
October 19, 2015 — October 30, 2015
SUN
MON
TUES
WED
THURS
FRI
SAT
18
19
20
21
22
23
24
* * * * **
* * * * **
* * * * **
* * * * **
* * * * **
* * * * * **
25
26
27
28
29
30
31
* * * * * **
* * * * **
* * * * * **
* * * * * **
* * * * * **
* * * * * **
1
2
3
ELECTION
DAY
Legend: * * * * * * ** Indicates dates open for early voting
Main Early Voting Location: (Local idad Principal de Votacion Adelantada:)
BEXAR COUNTY ELECTIONS DEPARTMENT ............................. ...........................1103 S. Frio
DEAFLINK available for the hearing impaired
In addition to the main early polling place, early voting will be conducted at the following
locations: (Ademas de la localidad principal, votacion adelantada se Ilevara a cabo en
las siguiente localidades:)
* * * * *BEXAR COUNTY JUSTICE CENTER ... ............................... ............................300 Dolorosa
BLOSSOM ATHLETIC CENTER ............... ...............................
12002 Jones Maltsberger
BROOKHOLLOW LIBRARY ..... ............................... ............................530 Heimer Road
CASTLE HILLS CITY HALL... (SE CORNER OF COUNCIL CHAMBERS) ..........
209 Lemonwood Dr.
CLAUDE BLACK CENTER .............. ............................... ...........................2805 East Commerce
CODY LIBRARY ............................... ............................... ..........................11441 Vance Jackson
CONVERSE CITY HALL .................................... ...............................
405 S. Seguin Rd
COPERNICUS COMMUNITY CENTER ...................... ............................... 5003 Lord Rd.
EAST CENTRAL ISD ADMIN BUILDING .... ...........................6634 New Sulphur Springs Road
ENCINO BRANCH LIBRARY ............................ ............................... 2512 East Evans Rd
FAIR OAKS RANCH CITY HALL... (COUNCIL CHAMBERS ) ...................7286
Dietz Elkhorn
GREAT NORTHWEST LIBRARY ............................... ...............................
9050 Wellwood
HELOTES CITY HALL ..................................... ............................... 12951 Bandera Rd.
HENRY A. GUERRA, JR. LIBRARY ............................ ...........................7978
W Military Drive
JOHN IGO LIBRARY ................................... ...............................
13330 Kyle Seale Parkway
JOHNSTON LIBRARY .................... ............................... ...........................6307 Sun Valley Drive
JULIA YATES SEMMES LIBRARY @ Comanche Lookout Park ............. 15060 Judson Road
LAS PALMAS LIBRARY .................. ............................... ............................515 Castroville Road
LEON VALLEY LIBRARY .............. ............................... ...........................6421
Evers Rd
LION'S FIELD ............................................. ............................... ...........................2809 Broadway
MAURY MAVERICK, JR. LIBRARY ....... ............................... ...........................8700 Mystic Park
MCCRELESS LIBRARY .................................... ...............................
1023 Ada Street
MEMORIAL LIBRARY ............................................... ............................... 3222 Culebra
MISSION LIBRARY ....................................... ...............................
3134 Roosevelt Ave.
NORTHSIDE ACTIVITY CENTER ....... ............................... ...........................7001
Culebra
OLMOS CITY HALL .................... ............................... ............................120
El Prado W
PARMAN LIBRARY @Stone Oak ................... ...............................
20735 Wilderness Oak
PRECINCT 1 SATELLITE OFFICE .................... ...............................
3505 Pleasanton Rd.
SHAVANO PARK CITY HALL... (COUNCIL CHAMB ) ..........................
900 Saddletree Ct
SOMERSET HIGH SCHOOL ...................... ...........................7650 South 1604 West, Somerset
SOUTH PARK MALL ............... ............................... ...........................2310
S.W. Military
TOBIN LIBRARY @ OAKWELL ...................... ............................... 4134 Harry Wurzbach
UNIVERSAL CITY — CITY HALL ..................... ...............................
2150 Universal City Blvd.
WINDCREST TAKAS PARK CIVIC CENTER ................ ...........................9310
Jim Seal Dr.
WONDERLAND MALL OF THE AMERICAS @ CROSSROADS ............4522
Fredericksburg
* ** Early Voting Will not be conducted on Saturday or Sunday or after 6:00 pm on
weekdays.
subject to change
(sujeto a cambio)
For more information contact the office of the Bexar County Elections Administrator,
Jacquelyn F. Callanen, at (210) 335 -VOTE (8683)
(Para mas information comuniquese con oficina del Condado de Bexar Administrador de
Elecciones, Jacquelyn F. Callanen, al telefono (210) 335 -VOTE (8683))
Applications for Ballot by Mail shall be mailed to: (Las solicitudes para boletas que se votaran adelantada por correo deberan
enviarse a:) Jacquelyn F. Callanen, Elections Administrator, 1103 S. Frio, Suite 100, San Antonio Texas 78207 -6328. Applications for
Ballots by Mail must be received no later than the close of business on Oct. 23, 2015. (Las solicitudes para boletas que se votaran
adelantada por correo deberan recibirse Para el fin de las horas de negocio el 23 de Oct., 2015.)
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into by and between Bexar County
Elections Administrator ( "ADMINISTRATOR "), acting on behalf of Bexar County and any and
all political subdivisions that are holding a Tuesday, November 3, 2015 Amendment, General,
Special, Charter or Bond Election. This MOU is the planning document necessary for the
preparation and implementation of the Joint Agreement as required pursuant to Texas Election
Code Section 271.002(a). The following entities have made a verbal confirmation to the Joint
Election: Bexar County, ( "County "); San Antonio River Authority ( "SARA "); the City of Castle
Hills ( "COCH "); the City of Converse ( "COC "); the City of Helotes ( "COH "); the City of Olmos
Park ( "COOP "); the City of Sandy Oaks ( "COSO ") and the City of Schertz ( "COS "); the City of
Windcrest ( "COW ");the Town of Hollywood Park ( "TOHP" ); the North East ISD ( "NEISD ");
the Cibolo Creek Municipal Authority ( "CCMA "); the Green Valley Special Utility District
( "GVSUD ");the Schertz Cibolo Universal City ISD ( "SCUCISD ") they may also be joined by
other entities acting by and through their duly appointed and qualified representatives, for the
November 3, 2015 election. Any entity that is able to cancel their election will assume no cost
for the planning of this election upon receipt of the proper paperwork. All costs will then be
divided according to the pre determined pro rata share agreed upon. Contracts will be executed
following the deadline to cancel an election and distributed for signatures and deposits.
WHEREAS, County will conduct an amendment election on Tuesday, November 3, 2015; and
WHEREAS, SARA will conduct a general election on Tuesday, November 3, 2015; and
WHEREAS, COCH will conduct a special election on Tuesday, November 3, 2015; and
WHEREAS, COC will conduct a general election on Tuesday, November 3, 2015; and
WHEREAS, COH will conduct a special election on Tuesday, November 3, 2015; and
WHEREAS, COOP will conduct a special election on Tuesday, November 3, 2015; and
WHEREAS, COS will conduct a general election, a Charter election and a bond election on
Tuesday, November 3, 2015; and
WHEREAS, COW will conduct a general and Charter election on Tuesday, November 3, 2015;
and
WHEREAS, TOHP will conduct a bond election on Tuesday, November 3, 2015; and
WHEREAS, NEISD will conduct a bond election on Tuesday, November 3, 2015; and
WHEREAS, CCMA will conduct a general election on Tuesday, November 3, 2015; and
WHEREAS, GVSUD will conduct a general election on Tuesday, November 3, 2015; and
WHEREAS, SCUCISD will conduct a general election on Tuesday, November 3, 2015; and
NOW THEREFORE, it is understood that the Entities will hold a joint election on
November 3, 2015 (the "Joint Election ") .
The undersigned Entities are the duly authorized representatives of their governing bodies,
and their signatures represent acceptance of the terms and conditions of this Memorandum
of Understanding for planning purposes.
This MOU may be executed in two or more counterparts. Together the counterparts shall be
deemed an executed original instrument. The Entities may execute this MOU and exchange
counterparts of the signature pages by means of facsimile transmission, and the receipt of
executed counterparts by facsimile transmission shall be binding on the Entities. Following such
exchange, the parties shall promptly exchange original versions of such signature pages.
SIGNED and AGREED this day of , 2015.
BEXAR COUNTY ELECTIONS ADMINISTRATOR
Jacquelyn F. Callanen
ENTITY
BY:
TITLE:
ITEMS AND ISSUES ON BALLOT:
.THE STATE OF TEXAS }
}
COUNTY OF GUADAL UPE }
CONTRACT FOR ELECTION SERVICES
THIS CONTRACT made by and between Guadalupe County, a body corporate and
politic under the laws of the State of Texas, hereinafter referred to as "County," and City of
Schertz, Texas, hereinafter referred to as "Political Subdivision," pursuant to Texas Election
Code Sections 31.092(a) for an election to be held on November 3, 2015, . which lies partially in
Guadalupe, Comal and Bexar Counties. Said election for the Political Subdivision lying in
Guadalupe County and Comal County will be administered by Lisa Adam, Elections
Administrator, hereinafter referred to as "Elections Administrator ".
Said Political Subdivision is holding a General and Special Election, at their expense on
November 3, 2015.
The County owns an electronic voting system, the Diebold Touch Screens for Early
Voting and Election Day voting and Diebold Optical Scan for paper mail ballots, which has been
duly approved by the Secretary of State pursuant to Texas Election Code Chapter 1.22 as
amended, and is compliant with the accessibility requirements set forth by Texas Election Code
Section 61.012. Political Subdivision desires to use the County's electronic voting system and to
compensate the County for such use.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and
benefits to the parties, IT IS AGREED as follows:
The Elections Administrator of Guadalupe County shall coordinate, supervise, and handle
all aspects of administering the Election as provided in this Contract. Political Subdivision agrees
to pay Guadalupe County for equipment, supplies, services, and administrative costs as provided
in this Contract. The Elections Administrator shall serve as the administrator for the Election;
however, the Political Subdivision shall remain responsible for the decisions and actions of its
officers necessary for the lawful conduct of its election. The Elections Administrator shall
provide advisory services in connection with decisions to be made and actions to be taken by the
officers of the Political Subdivision.
It is understood that other political subdivisions may wish to participate in the use of the
County's electronic voting system and polling places, and it is agreed that Guadalupe County
and the Elections Administrator may enter into other contracts for election services for those
purposes on terms and conditions generally similar to those set forth in this contract. Political
Subdivision agrees that other political subdivisions that may have territory located partially or
wholly within the boundaries of Political Subdivision, and in such case all parties sharing
common territory shall enter into a Joint Election Agreement and share a joint ballot on the
county's electronic voting system at the applicable polling places. In such cases, costs shall be
divided among the participants.
At each polling location, joint participants shall share voting equipment and supplies to
the extent possible. The participating parties shall share a mutual ballot in those precincts where
jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot
containing an office or proposition stating a measure on which the voter is ineligible to vote.
Multiple ballot styles shall be available in those shared polling places where jurisdictions do not
overlap.
II. LEGAL DOCUMENTS
Political Subdivision shall be responsible for the preparation, adoption, and publication of
all required election orders, resolutions, notices, and any other pertinent documents required by
the Texas Election Code and/or Political Subdivision's governing body, charter, or ordinances.
Preparation of the necessary materials for notices and the official ballot shall be the
responsibility of the Political Subdivision, including translation to languages other than English.
Political Subdivision shall provide a copy of their election order and notice to the Elections
Administrator.
el"[0- # W
The Elections Administrator shall arrange for the use of all Election Day voting locations.
Voting locations will be the County's usual voting locations. In the event a voting location is not
available, the Elections Administrator will arrange for use of an alternate location with the
approval of the Political Subdivision. The Elections Administrator shall arrange for the use of the
two Comal County voting locations for the Political Subdivision.
If polling places are different from the polling place(s) used by Political Subdivision in
it's most recent election, Political Subdivision agrees to post a notice no later than the day before
the election, at the entrance to any previous polling places in the jurisdiction stating that the
polling location has changed and stating the political subdivision's polling place names and
addresses in effect for election.
All obligations of the Elections Administrator contained in this contract with respect to
polling locations shall be limited to the provision of polling locations located within the
geographical boundaries of Guadalupe County, Texas. The Elections Administrator has agreed to
contact the authority in Comal County to arrange for the use of Precincts 202 and 301 election
day polling locations in Comal County.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Elections Administrator shall recommend election judges, alternate judges and clerks.
Upon request by the Elections Administrator, Political Subdivision agrees to assist in recruiting
polling place officials who are bilingual (fluent in both English and Spanish).
The Elections Administrator shall notify all election judges of the eligibility requirements
of Subchapter C of Chapter 32 of the Texas Election. Code, and will take the necessary steps to
insure that all election judges appointed for the Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all
election judges and clerks. The Elections Administrator shall arrange for the date, time, and
place for presiding election judges to pick up their election supplies. Each presiding election
judge will be sent a letter from the Elections Administrator notifying him /her of their
appointment, the time and location of training and distribution of election supplies, and the
number of election clerks that the presiding judge may appoint.
Each election judge and clerk will receive compensation at an hourly rate established by
Guadalupe County pursuant to Texas Election Code Section 32.091. (Election Judge and
Alternate Judge - $10 /hour; Clerks- $9/hour; Early Voting Clerks -$9.15 /hour) The Election Judge
will receive an additional sum of $25.00 for picking up the election supplies prior to Election
Day and for returning the supplies and equipment to the central counting station after the polls
close. In addition, all workers receive a $15 flat rate compensation for mandatory training.
The Elections Administrator shall arrange for all election supplies and voting equipment
including, but not limited to official ballots, sample ballots, voter registration lists, and all forms,
signs and other materials used by the election judges at the voting locations. The Elections
Administrator shall provide the necessary voter registration information, instructions, and other
information needed for the election. If General maps are needed for a particular Political
Subdivision, the Election Administrator will order the maps and pass that charge on to that
particular Political Subdivision.
Political Subdivision shall furnish the Elections Administrator a list of candidates and/or
propositions showing the order and the exact manner in which the candidate names and /or
proposition(s) are to appear on the official ballot (including titles and text in each language in
which the authority's ballot is to be printed). This list shall be delivered to the Elections
Administrator as soon as possible after ballot positions have been determined by each of the
participating authorities. Said list shall be provided to the Elections Administrator by the date set
out in the published Election Calendar provided by the Secretary of State. Each participating
authority shall be responsible for proofreading and approving the ballot insofar as it pertains to
that authority's candidates and /or propositions.
It is agreed by all parties that at all times and for all purposes hereunder, all election
judges, clerks, and all other personnel involved in this election are independent contractors and
are not employees or agents of the County or Political Subdivision. No statement contained in
this Contract shall be construed so as to find any judge, clerk, or any other election personnel an
employee or agent of the County or Political Subdivision, and no election personnel shall be
entitled to the rights, privileges, or benefits of County or Political Subdivision employees except
as otherwise stated herein, nor shall any election personnel hold himself out as an employee or
agent of the County or Political Subdivision, unless considered a county employee as determined
by the Guadalupe County Human Resources Department.
VI. EARLY VOTING
Political Subdivision agrees to appoint the Elections Administrator as the Early Voting
Clerk. Political Subdivision also agrees to appoint the Elections Administrator's permanent
county employees as deputy early voting clerks. Political Subdivision further agrees that the
Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of
early voting as necessary, and that these additional deputy early voting clerks shall be
compensated at an hourly rate set by Guadalupe County pursuant to Section 83.052 of the Texas
Election Code ($9.15 /hour). Early Voting by personal appearance will be held at the locations,
dates, and times determined by Political Subdivision. Any qualified voter of the Election may
vote early by personal appearance at any one of the early voting locations.
As Early Voting Clerk, the Elections Administrator shall receive applications for early
voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election.
Code. Any requests for early voting ballots to be voted by mail received by the Political
Subdivision shall be forwarded immediately by fax or courier to the Elections Administrator for
processing.
The Elections Administrator shall, upon request, provide the Political Subdivision a copy
of the early voting report on a daily basis and a cumulative final early voting report following the
election.
Elections Administrator shall appoint an Early Voting Ballot Board (EVBB) to process
early voting results from the Election. The Presiding Judge, with the assistance of the Elections
Administrator, may appoint two or more additional members to constitute the EVBB. The
Elections Administrator shall determine the number of EVBB members required to efficiently
process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the
central counting station to receive and tabulate the voted ballots in accordance with the
provisions of the Texas Election Code and of this Contract.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and
127.005 of the Texas Election Code, appoint the following central counting station officials:
Counting Station Manager: Lisa Adam
Tabulation Supervisor: Lisa Adam
Presiding Judge: Missy Doss
The Elections Administrator will prepare the unofficial canvass reports after all precincts
have been counted, and will deliver a copy of the unofficial canvass to the Political Subdivision
as soon as possible after all returns have been tabulated. All participating authorities shall be
responsible for the official canvass of their respective elections.
X. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF
Mof9x911Y[1101
Political Subdivision may withdraw from this Contract should it cancel its election in
accordance with Sections 2.051 - 2.053 of the Texas Election Code, or should it be later ruled
that the election is not needed. Political Subdivision is fully liable for any expenses incurred by
Guadalupe County on behalf of Political Subdivision. Any monies deposited with the county by
the withdrawing authority shall be refunded, minus the aforementioned expenses.
XI. RECORDS OF THE ELECTION
Voted ballots and all records of the Election will be given to the Political Subdivision to
be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas
Elections Code. However, if the Political Subdivision enters into a Joint Election Agreement
with another political subdivision, the Elections Administrator is hereby appointed general
custodian of the voted ballots and all records of the Election as authorized by Section 271.010 of
the Texas Election.
Access to the election records shall be available to each participating authority as well as
to the public in accordance with applicable provisions of the Texas Election Code and the Texas
Public Information Act. The election records shall be stored at the offices of the Elections
Administrator or at an alternate facility used for storage of county records. The Elections
Administrator shall ensure that the records are maintained in an orderly manner so that the
records are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the
provisions of Section 66.058 of the Texas Election Code. If records of the election are involved
in any pending election contest, investigation, litigation, or open records request, the Elections
Administrator shall maintain the records until final resolution or until final judgment, whichever
is applicable. It is the responsibility of each participating authority to bring to the attention of the
Elections Administrator any notice of pending election contest, investigation, litigation or open
records request which may be filed with the participating authority.
XII. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. Political
Subdivision agrees that any recount shall take place at the offices of the Elections Administrator,
and that the Elections Administrator shall serve as Recount Supervisor and the Political
Subdivision's official or employee who performs the duties of a secretary under the Texas
Election Code shall serve as Recount Coordinator.
The Elections Administrator agrees to provide advisory services to the District as
necessary to conduct a proper recount.
XIII. MISCELLANEOUS PROVISIONS
The Elections Administrator shall file copies of this document with the Guadalupe
County Treasurer and the Guadalupe County Auditor in accordance with Section 31.099 of the
Texas Election Code.
In the event that legal action is filed contesting Political. Subdivision's election under
Title 14 of the Texas Election Code, Political Subdivision shall choose and provide, at its own
expense, legal counsel for the County, the Elections Administrator, and additional election
personnel as necessary.
Nothing in this contract prevents any party from taking appropriate legal action against
any other party and /or other election personnel for a breach of this contract or a violation of the
Texas Election Code.
The parties agree that under the Constitution and laws of the State of Texas, neither
Guadalupe County nor Political Subdivision can enter into an agreement whereby either parry
agrees to indemnify or hold harmless another party; therefore, all references of any kind, if any,
to indemnifying or holding or saving harmless for any reason are hereby deleted.
This Contract shall be construed under and in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Guadalupe County,
Texas and the two (2) precincts in Comal County, Texas.
In the event of one of more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof and this Contract shall be construed
as if such invalid, illegal, or unenforceable provision had never been contained herein.
All parties shall comply with all applicable laws, ordinances, and codes of the State of
Texas, all local governments, and any other entities with local jurisdiction.
The waiver by any party of a breach of any provision of this Contract shall not operate as
or be construed as a waiver of any subsequent breach.
Any amendments of this Contract shall be of no effect unless in writing and signed by all
parties hereto.
IN TESTIMONY HEREOF, this Contract, its multiple originals all of equal force, has
been executed on behalf of the parties hereto as follows, to -wit:
1. It has on this day of , 2015, been executed on behalf of
Guadalupe County by the Elections Administrator pursuant to the Texas Election Code so
authorizing; and
2. It has on this day of , 2015, been executed on behalf of the
Political Subdivision by its :Presiding Officer or authorized representative, pursuant to an action
of the Political Subdivision so authorizing.
GUADALUPE COUNTY, TEXAS
LISA ADAM
Elections Administrator
ATTEST:
City of Schertz, Texas:
By:
Presiding Officer /Authorized Representative
JOINT ELECTION AGREEMENT BETWEEN THE
CITY OF SCUERTZ, CITY OF CIBOLO, CIBOLO CREEK MUNICIPAL
AUTHORITY, GREEN VALLEY SPECIAL UTILITY DISTRICT AND
THE SCHERTZ— CIBOLO— UNIVERSAL CITY INDEPENDENT SCHOOL
I /7J.` Hks x/11 itlil 1 11 �[K�111�1111ii �1119[� 1� [��►f.�
This joint election agreement is made this day of , 2015, . by
and between the City of Schertz, the City of'Cibolo, the Cibolo Creek Municipal Authority
( "CCMA'), Green Valley Special Utility District ( "GVSUD'; the Schertz- Cibolo - Universal
City Independent School District (`SCUCISD') and Guadalupe County, Texas, (COUNTY)
(collectively `Entities" or `Participating Entities').
WHEREAS, the City of Schertz plans to hold a General Election and a Special Election
on November 3, 2015, for the purpose of electing three 3 city council members for Place 3,
Place 4 and Place 5; and a Special Election for Charter Amendments and Bond election;
WHEREAS, the City of Cibolo plans to hold a General Election on November 3, 2015,
for the purpose of electing a Mayor and three (3 ) city council members for District 2, District 3,
and District 7;
WHEREAS, the Cibolo Creek Municipal Authority plans to hold a General Election on
November 3, 2015 for the purpose of electing two (2) Board Directors for Place 1, and Place 2;
WHEREAS, the Green Valley Special Utility District plans to hold a General Election
on November 3, 2015 for the purpose of electing two 2) Board Directors;
WHEREAS, Schertz - Cibolo- Universal City Independent School District (SCUCISD)
plans to hold a General Election on November 3, 2015, for the purpose of electing three (3)
school board trustees for Place 1. Place 2. and Place 3:
WHEREAS, Texas Election Code section 271.002 authorizes the governing bodies of
political subdivisions to enter into an agreement to hold joint elections in election precincts that
can be served by common polling places;
WHEREAS, the parties to this agreement serve voters within the same boundaries, and it
would be to the benefit of the City of Schertz, City of Cibolo, CCMA, GVSUD, and SCUCISD,
and the citizens and voters thereof to hold the elections jointly.
NOW, THEREFORE, IT IS AGREED that a joint election will be held by City of
Schertz, City of Cibolo, CCMA, GVSUD, and SCUCISD under the following terms and
conditions:
THIS AGREEMENT is subject to the written approval of all parties and shall not be
binding on the parties until such written approval is obtained.
Page 1 of 11
THIS AGREEMENT will require the Guadalupe County Elections Administrator and the
Bexar County Elections Administrator to be appointed the Joint Early Voting Clerk.
THIS AGREEMENT requires the City of Schertz, the City of Cibolo, COMA, GVSUD,
and SCUCISD to use joint ballots.
THIS AGREEMENT requires the City of Schertz, the City of Cibolo, CCMA, GVSUD,
and SCUCISD to share costs associated with this joint election proportionally where polling
places are shared by more than one entity.
THIS AGREEMENT requires the City of Schertz, the City of Cibolo, CCMA, GVSUD,
and SCUCISD to be responsible for ordering its own election and publishing notice of the
elections separately. The cost to publish the notice will be the responsibility of each individual
entity.
THIS AGREEMENT will require joint Early Voting and Election Day locations, dates,
and times to be used by the City of Schertz, the City of Cibolo, CCMA, GVSUD, and SCUCISD.
THIS AGREEMENT will require the Bexar County Elections Administrator and the
Guadalupe County Elections Administrator to tabulate the precinct results and canvassing
separately for the City of Schertz, the City of Cibolo, CCMA, GVSUD, and SCUCISD. The
results will be delivered to each entity by facsimile.
THIS AGREEMENT will require the Bexar County Elections Administrator and the
Guadalupe County Elections Administrator to be responsible for the safekeeping of election
records for this joint election.
THIS AGREEMENT will require the Bexar County Elections Administrator and the
Guadalupe County Elections Administrator to be responsible for performing the following duties
and to furnish the following services and equipment pursuant to the election services contract
with Bexar and Guadalupe County's:
1. Recommend election judges, alternate judges and clerks.
2. Pay election judges and other election workers.
3. Procure and distribute all necessary election supplies.
4. Supply all necessary voting equipment; transport equipment to and from the
polling places, and prepare the voting equipment for use at the polling places.
5. Issue Writs of Election to the election judges appointed.
6. Perform early voting clerk duties.
7. Publish the legal notice of the date, time, and place of the electronic tabulating
equipment test and conduct such test and provide copies to entities.
8. Prepare any submission of voting changes to be submitted to the U.S. Department
of Justice under the Federal Voting Rights Act of 1965, as amended, if necessary.
9. Arrange for the use of a central counting station and for the tabulating personnel
needed at the counting station and assist in the preparation of programs and the
test materials for tabulation of the ballots to be used with electronic voting
equipment.
Page 2 of 11
1.0. Assist in providing the general overall supervision of the election and will provide
to the Canvassing Authority the prescribed election records and reports as
required when a central counting station is used:
(a) Canvassing Summary Report,
(b) Accumulated Totals Report of early voting and Election Day, and
(c) Electronically submit results to the Secretary of State.
1.1. Ballot type: (For use with mail ballots.) Optical scan.
12. Ballot tabulating equipment to be used:
Premier Touch Screens,
Premier Optical Scan for paper ballots.
GENERAL CONDITIONS
A. Common Early Voting and Election Day Polling Locations
Location, Dates & Hours of Main Early Voting Polling Location
(Lugar, Fechas y Horas de los Centros Principales de Votacion Para la Votacion Anticipada)
Comal & Guadalupe County:
Monday, Oct.l9thth through Friday, Oct. 23rd, 2015 Lunes, 19 de Oct. hasta el Viernes, 23 de Oct. de 2015
8:00 a.m. to 5:00 p.m. de 8:00 de la manana a las 5:00 de tarde
Monday, Oct. 26th through Friday, Oct. 30st, 2015 Lunes, 26 de Oct. hasta el Viernes, 30 de Oct. de 2015
7:00 a.m. to 7:00 p.m. de 7 :00 de la manana a las 7:00 de la tarde
Saturday, Oct. 24, 2015 - 7:00 a.m. to 7:00 p.m. Sabado, 24 de Oct., 2015 - de 7:00 de la manana a las
7:00 de la tarde
Sunday, Oct. 25, 2015 -1:00 p.m. to 6:00 p.m. Domingo, 25 de Oct., 2015 - de 1:00 de la tarde a las 6:00
de la tarde
Comal & Guadalupe Counties:
Seguin Elections Office -215 So. Milan Street, Seguin, TX (Main Early Voting Location)
Grace Memorial Church -3240 FM725 -New Braunfels, TX
Central Texas Technology Center -Room 118 Conference Room, 2189 FM 758, New Braunfels, TX
Schertz Elections Office Annex -1101 Elbel Rd.- Schertz, TX
New Berlin City Hall -9180 FM 775 -New Berlin, TX
Page 3 of 11
Election Day Polling Locations
Polls Open from 7:00 a.m. to 7:00 p.m.
COMAL C0:
Lunes 19 de octubre de 2015 hasta el viernes 23 de octubre de 2015 8:00 a.m. to 6:00 p.m.
202
John Paul II Catholic High School, 6720 FM 482, New Braunfels
301
Westside Community Center, 2932 So. IH 35, New Braunfels
GUADALUPE CO:
12:00 noon — 6:00 p.m.
303
Schertz Elections Office, 1101 Elbel Rd., Schertz
304
Schertz United Methodist Church, 3460 Roy Richard Dr., Schertz
305
Selma City Hall, 9375 Corporate Dr., Selma
306
Crosspoint Fellowship Church, 2600 Roy Richard Drive, Schertz
401
Immaculate Conception Catholic Church, 212 N. Barnett St., Marion
402
Schertz Community Center, 1400 Schertz Parkway, Schertz
403
Knights of Columbus Hall, 509 Schertz Pkwy., Schertz
404
Schertz Community Center North, 3501 Morning Dr., Cibolo
409
Elaine S. Schlather Intermediate School, 230 Elaine S. Schlather Pkwy., Cibolo
Applications for Ballot by Mail shall be mailed to: (Las solicitudes para boletas que se votaran adelantada por correo deberan
enviarse a:) Lisa Adam, Elections Administrator, P. 0. Box 1346, Seguin, TX 78156.1346. Applications for Ballots by Mail must be
received no later than the close of business on Oct. 23, 2015. (Las solicitudes para boletas que se votaran adelantada por correo
deberan recibirse para el fin de las horas de negocio el 23 de Oct., 2015.)
Bexar County:
Bexar County'
JOINT GENERAL ELECTION
ELECCION CONJUNTO
NOVEMBER 3, 2015
3 de noviembre de 2015
THE HOURS OF EARLY VOTING WILL BE: (LAS HORAS Y FECHAS DE VOTACION
ADELANTADA SERAN:)
Mon., Oct. 19 thru Fri., Oct. 23 ....... ............................... ...........................8:00 a.m. to 6:00 p.m.
Lunes 19 de octubre de 2015 hasta el viernes 23 de octubre de 2015 8:00 a.m. to 6:00 p.m.
Sat., Oct. 24, 2015 .......................... ............................... ..........................10:00
a.m. to 6:00 p.m.
Sabado 24 de octubre de 2015 ..... ............................... ..........................10:00
a.m. to 6:00 p.m.
Sun., Oct. 25, 2015 .................................................. ...............................
12:00 noon — 6:00 p.m.
Domingo 25 de octubre de 2015 ............................ ...............................
12:00 noon — 6:00 p.m.
Mon., Oct. 26 thru Wed., Oct. 28 .... ............................... ...........................8:00 a.m. to 6:00 p.m.
Lunes 27 de octubre de 2015 hasta el miercoles 28 de octubre ........8:00
a.m. to 6:00 p.m.
Thurs., Oct. 29 thru Fri., Oct. 30 .... ............................... ...........................8:00 a.m. to 8:00 p.m.
Jueves 29 de octubre de 2015 hasta el viernes 30 de octubre de 2015 8:00 a.m. to 8:00 p.m.
October 19, 2015 — October 30, 2015
Page 4 of 11
SUN
MON
TOES
WED
THURS
FRI
SAT
18
19
20
21
22
23
24
Dietz Elkhorn
* * * * **
* * * * **
* * * * **
* * * * **
* * * * **
* * * * * **
13330 Kyle Seale Parkway
JOHNSTON LIBRARY .................... ............................... ...........................6307 Sun Valley Drive
JULIA YATES SEMMES LIBRARY @ Comanche Lookout Park ............. 15060 Judson Road
LAS PALMAS LIBRARY .................. ............................... ............................515 Castroville Road
LEON VALLEY LIBRARY .............. ............................... ...........................6421
Evers Rd
LION'S FIELD ............................................. ............................... ...........................2809 Broadway
25
26
27
28
29
30
31
1
2
3
ELECTION
DAY
Legend: * * * * * * ** Indicates dates open for early voting
Main Early Voting Location: (Local idad Principal de Votacion Adelantada:)
BEXAR COUNTY ELECTIONS DEPARTMENT ............................. ...........................1103 S. Frio
DEAFLINK available for the hearing impaired
In addition to the main early polling place, early voting will be conducted at the following
locations: (Ademas de la localidad principal, votacion adelantada se Ilevara a cabo en
las siguiente localidades:)
* * * * *BEXAR COUNTY JUSTICE CENTER ... ............................... ............................300 Dolorosa
BLOSSOM ATHLETIC CENTER ............... ...............................
12002 Jones Maltsberger
BROOKHOLLOW LIBRARY ..... ............................... ............................530 Heimer Road
CASTLE HILLS CITY HALL... (SE CORNER OF COUNCIL CHAMBERS) ..........
209 Lemonwood Dr.
CLAUDE BLACK CENTER .............. ............................... ...........................2805 East Commerce
CODY LIBRARY ............................... ............................... ..........................11441 Vance Jackson
CONVERSE CITY HALL .................................... ...............................
405 S. Seguin Rd
COPERNICUS COMMUNITY CENTER ...................... ............................... 5003 Lord Rd.
EAST CENTRAL ISD ADMIN BUILDING .... ...........................6634 New Sulphur Springs Road
ENCINO BRANCH LIBRARY ............................ ............................... 2512 East Evans Rd
FAIR OAKS RANCH CITY HALL... (COUNCIL CHAMBERS ) ...................7286
Dietz Elkhorn
GREAT NORTHWEST LIBRARY ............................... ...............................
9050 Wellwood
HELOTES CITY HALL ..................................... ............................... 12951 Bandera Rd.
HENRY A. GUERRA, JR. LIBRARY ............................ ...........................7978
W Military Drive
JOHN IGO LIBRARY ................................... ...............................
13330 Kyle Seale Parkway
JOHNSTON LIBRARY .................... ............................... ...........................6307 Sun Valley Drive
JULIA YATES SEMMES LIBRARY @ Comanche Lookout Park ............. 15060 Judson Road
LAS PALMAS LIBRARY .................. ............................... ............................515 Castroville Road
LEON VALLEY LIBRARY .............. ............................... ...........................6421
Evers Rd
LION'S FIELD ............................................. ............................... ...........................2809 Broadway
MAURY MAVERICK, JR. LIBRARY ....... ............................... ...........................8700 Mystic Park
MCCRELESS LIBRARY .................................... ...............................
1023 Ada Street
MEMORIAL LIBRARY ............................................... ............................... 3222 Culebra
Page 5 of 11
MISSION LIBRARY ....................................... ............................... 3134 Roosevelt Ave.
NORTHSIDE ACTIVITY CENTER ....... ............................... ...........................7001 Culebra
OLMOS CITY HALL .................... ............................... ............................120 El Prado W
PARMAN LIBRARY @Stone Oak ................... ............................... 20735 Wilderness Oak
PRECINCT 1 SATELLITE OFFICE .................... ............................... 3505 Pleasanton Rd.
SHAVANO PARK CITY HALL... (COUNCIL CHAMB ) .......................... 900 Saddletree Ct
SOMERSET HIGH SCHOOL ...................... ...........................7650 South 1604 West, Somerset
SOUTH PARK MALL ............... ............................... ...........................2310 S.W. Military
TOBIN LIBRARY @ OAKWELL ...................... ............................... 4134 Harry Wurzbach
UNIVERSAL CITY — CITY HALL ..................... ............................... 2150 Universal City Blvd.
WINDCREST TAKAS PARK CIVIC CENTER ................ ...........................9310 Jim Seal Dr.
WONDERLAND MALL OF THE AMERICAS @ CROSSROADS ............4522 Fredericksburg
* ** Early Voting Will not be conducted on Saturday or Sunday or after 6:00 pm on
weekdays.
subject to change
(sujeto a cambio)
For more information contact the office of the Bexar County Elections Administrator,
Jacquelyn F. Callanen, at (210) 335 -VOTE (8683)
(Para mas information comuniquese con oficina del Condado de Bexar Administrador de
Elecciones, Jacquelyn F. Callanen, al telefono (210) 335 -VOTE (8683))
Applications for Ballot by Mail shall be mailed to: (Las solicitudes para boletas que se votaran adelantada por correo deberan
enviarse a:) Jacquelyn F. Callanen, Elections Administrator, 1103 S. Frio, Suite 100, San Antonio Texas 78207 -6328. Applications for
Ballots by Mail must be received no later than the close of business on Oct. 23, 2015. (Las solicitudes Para boletas que se votaran
adelantada por correo deberan recibirse Para el fin de las horas de negocio el 23 de Oct., 2015.)
Page 6 of 11
See Exhibit "A" for complete listing
B. Joint Election Costs: Payment
A. Costs. Each Entity remains responsible for all costs associated with their
respective elections only.
All funds expended by each Entity will be from current revenues.
B. Cancellation. In the event any of the parties to this Agreement cancel their
election because of unopposed candidates under Subchapter C of Title I of the
Texas Election Code, the remaining parties shall be responsible for their
respective elections, including all associated costs. The canceling party(ies) shall
be responsible for its respective share of election expenses incurred through the
date that the election is canceled as allocated to that Entity. In the event that a
party cancels its election, the other parties shall continue to have access to the
polling locations at no charge.
If an election is to be canceled by one of the parties, notice will be given to all
parties within two (2) days of cancellation.
C. General Provisions
A. Communications. Throughout the term of this Agreement, the Participating
Entities will engage in ongoing communications concerning the conduct of
the Joint Election and discuss and resolve any problems which might arise
regarding the Joint Election.
B. Effective Date. This Agreement takes effect upon the complete execution of
this Agreement by all Participating Entities.
C. All obligations of the Elections Administrators contained in this contract with
respect to polling locations shall be limited to the provision of polling
locations located within the geographical boundaries of Bexar County, Texas
and Guadalupe County, Texas. If the geographical boundaries of the Political
Subdivision extend into a county other than Bexar and Guadalupe County,
Texas, the Political Subdivision will have to arrange for conducting its
election in that other county with the appropriate authority in that other
county or have either Bexar or Guadalupe County handle the Comal County
portion of the election.
D. Custodian of Records.
Page 7 of 11
Voted ballots and all records of the Election will be given to the Political
Subdivision to be retained and disposed of in accordance with the provisions
of Section 66.058 of the Texas Elections Code. However, if the Political
Subdivision enters into a Joint Election Agreement with another political
subdivision, the Elections Administrators are hereby appointed general
custodian of the voted ballots and all records of the Election as authorized by
Section 271.010 of the Texas Election.
Access to the election records shall be available to each participating authority as
well as to the public in accordance with applicable provisions of the Texas
Election Code and the Texas Public Information Act. The election records shall
be stored at the offices of the Elections Administrator or at an alternate facility
used for storage of county records. The Elections Administrator shall ensure that
the records are maintained in an orderly manner so that the records are clearly
identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the
provisions of Section 66.058 of the Texas Election Code. If records of the election
are involved in any pending election contest, investigation, litigation, or open
records request, the Elections Administrator shall maintain the records until final
resolution or until final judgment, whichever is applicable. It is the responsibility
of each participating authority to bring to the attention of the Elections
Administrator any notice of pending election contest, investigation, litigation or
open records request which may be filed with the participating authority.
D. Miscellaneous Provisions
A. Venue and Choice of Law. The Entities agree that venue for any dispute
arising under this Agreement will lie in the appropriate courts of Guadalupe
County, Texas. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas and the United States of
America.
B. Entire Agreement. This Agreement contains the entire agreement of the
parties relating to the rights herein granted and the obligations herein
assumed and supersedes all prior agreements, including prior election
services contracts relating to each Entity's November 5, 2013 election. Any
prior agreements, promises, negotiations, or representations not expressly
contained in this Agreement are of no force and effect. Any oral
representations or modifications concerning this Agreement shall be of no
force or effect, excepting a subsequent modification in writing as provided
herein.
C. Severability. If any provision of this Agreement is found to be invalid, illegal
or unenforceable by a court of competent jurisdiction, such invalidity,
illegality or unenforceability shall not affect the remaining provisions of this
Agreement; and, parties to this Agreement shall perform their obligations
Page 8 of I I
under this Agreement in accordance with the intent of the parties to this
Agreement as expressed in the terms and provisions of this Agreement.
D. Breach. In the event that any Participating Entity breaches any of its
obligations under this Agreement, the non - breaching party shall be entitled to
pursue any and all rights and remedies allowed by law. Nothing in this
Agreement shall be construed as a waiver of any immunity or defense to
which any Participating Entity is entitled under statutory or common law.
E. Other Instruments. The Entities agree that they will execute other and further
instruments or any documents as may become necessary or convenient to
effectuate and carry out the purposes of this Agreement.
F. Mediation. When mediation is acceptable to both parties in resolving a
dispute arising under this Agreement, the parties agree to use a mutually
agreed upon mediator, or a person appointed by a court of competent
jurisdiction, for mediation as described in Section 1.54.023 of the Texas Civil
Practice and Remedies Code. Unless both parties are satisfied with the result
of the mediation, the mediation will not constitute a final and binding
resolution of the dispute. All communications within the scope of the
mediation shall remain confidential as described in Section 154.023 of the
Texas Civil Practice and Remedies Code, unless both parties agree, in
writing, to waive the confidentiality. Notwithstanding the foregoing, the
parties intend to fully comply with the Texas Open Meetings Act and the
Texas Public Information Act, whenever applicable. The term "confidential"
as used in this Agreement has the same meanings as defined and construed
under the Texas Public Information Act and the Texas Open Meetings Act.
G. Amendment /Modification. Except as otherwise provided, this Agreement
may not be amended, modified, or changed in any respect whatsoever, except
by a further Agreement in writing, duly executed by the parties hereto. No
official, representative, agent, or employee of any Participating Entity has
any authority to modify this Agreement except pursuant to such expressed
authorization as may be granted by the governing body of the respective
Participating Entity.
H. Counterparts. This Agreement may be executed in multiple counterparts, all
of which shall be deemed originals and with the same effect as if all parties
hereto had signed the same document. All of such counterparts shall be
construed together and shall constitute one and the same Agreement.
* * ** *REMAINDER OF PAGE INTENTIONALLY LEFT BLANK * **
Page 9 of I I
The undersigned are the duly authorized representatives of the parties' governing bodies, and their
signatures represent adoption and acceptance of the terms and conditions of this agreement.
APPROVED, this day of 2015, by the City Council of the
CITY OF SCHERTZ
Michael R. Carpenter, Mayor - City of Schertz
APPROVED, this day of
the CITY OF CIBOLO
2015, by the City Council of
Lisa Jackson, Mayor - City of Cibolo
APPROVED, this day of
the CIBOLO CREEK MUNICIPAL AUTHORITY.
2015, Board of Directors of
APPROVED, this day of
Administrator.
Page 10 of 1.1.
2015, by the Bexar County Elections
Clint Ellis, General Manager - Cibolo Creek Municipal Authority
APPROVED, this
day of 2015, Board of Directors of
the GREEN VALLEY SPECIAL UTILITY DISTRICT.
Pat Allen, General Manager - Green Valley Special Utility District
APPROVED, this
day of 1 2015, by the Board of Trustees
of the SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT.
Edward Finley, Board President - SCUCISD
Mark Wilson, Board Secretary — SCUCISD
APPROVED, this
day of 2015, by the Guadalupe County
Elections Administrator.
Lisa Adam, Guadalupe County Elections Administrator
APPROVED, this day of
Administrator.
Page 10 of 1.1.
2015, by the Bexar County Elections
Jacque Callanen, Bexar County Elections Administrator
Page 11 of 1.1.
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: August 4, 2015
Department: City Secretary /City Attorney
Subject: Ordinance No. 15 -E -23 —
Final Reading — Calling a Bond
Election to be held on November 3,
2015.
BACKGROUND
On April 7, 2015, City Council appointed Bond Committee consisting of the following
members as the Bond Committee:
Michael Dahle
Frank McElroy
Tim Brown
Fae Simmons
Maggie Titterington
Richard Dziewit
Ed Finley
Howson Lau
Barbara Hall
The Committee met during April, May, and June discussing possible ballot considerations.
On June 16, 2015, the Bond Committee recommended Council consider the following
projects: $8,000,000 Public Safety Facility; $7,000,000 FM 1103 /FM 1518 street repairs,
improvements; and $1,000,000 acquisition of Future Park & Recreation Area(s).
On June 19, 2015, at their Mid - Budget Retreat, City Council directed staff to prepare two
general obligation bond propositions for the November 3, 2015 ballot.
Proposition 1: $7,000,000 General Obligation Bonds for streets (Primarily FM
1103 and FM 1518), bridges, and sidewalk improvements.
Proposition 2: $8,000,000 General Obligation Bonds for Public Safety Facilities,
including a New Fire Station.
City Council approved this on first reading at their meeting of July 28, 2015.
FISCAL IMPACT
The cost of the General, Special Charter and Bond election is estimated to be $39,802.50;
this estimate also includes publication costs.
Approval of Ordinance No. 15 -E -23 on final reading calling a Bond election and approving
joint contracts for the conduct of the election. Recommended motion:
ATTACHMENT
Ordinance No. 15 -E -23
ORDINANCE NO. 15 -E -23
AN ORDINANCE CALLING A BOND ELECTION TO BE HELD IN THE CITY
OF SCHERTZ, TEXAS; MAKING PROVISION FOR THE CONDUCT OF A
JOINT ELECTION; AND RESOLVING OTHER MATTERS INCIDENT AND
RELATED TO SUCH ELECTION
* * * * * * * * * * * * * * * * * * * * **
WHEREAS, the City Council (the Council) of the CITY OF SCHERTZ, TEXAS (the City),
located in the Counties of Guadalupe, Comal and Bexar, Texas, hereby finds and determines that an
election should be held to determine whether the Council shall be authorized to issue general obligation
bonds of the City in the amounts and for the purposes hereinafter identified (the Election); and
WHEREAS, the City will contract with Bexar County and Guadalupe County (collectively, the
County) by and through the respective County's Election Administrator (collectively, the Administrator)
to conduct all aspects of the Election; and
WHEREAS, the Election will be held jointly with other political subdivisions (such other
political subdivisions, collectively, the Participants) for whole the County is also conducting their
elections, as provided pursuant to the provisions of one or more joint election agreements or contracts
among the City, the County, and the Participants, entered into in accordance with the provisions of
Section 271.002, as amended, Texas Election Code, or other applicable law, pursuant to which the County
will conduct all aspects of the Election on the City's behalf, and
WHEREAS, the Council hereby finds and determines that the necessity to construct various
capital improvements within the City necessitates that it is in the public interest to call and hold the
Election at the earliest possible date to authorize the issuance of general obligation bonds for the purposes
hereinafter identified; and
WHEREAS, the Council hereby finds and determines that the actions herembefore described are
in the best interests of the residents of the City; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT:
SECTION 1. The Election shall be held in the CITY OF SCHERTZ, TEXAS on the 3rd day of
November, 2015 (Election Day), which is a uniform election date under the Texas Election Code, as
amended, and is not less than 71 days nor more than 90 days from the date of the adoption of this
ordinance (the Ordinance), for the purpose of submitting the following propositions to the qualified
voters of the City:
PROPOSITION 1
"Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one
or more series of general obligation bonds of the City in the aggregate principal amount
of not more than $7,000,000 for the purpose of making permanent public improvements
or other public purposes, to wit: designing, acquiring, constructing, renovating,
improving, and equipping City street (primarily FM 1103 and FM 1518), curb, sidewalk,
and gutter improvements, demolition, repair, and rebuilding of new and existing streets,
82342696.9
completing necessary or incidental utility relocation and drainage in connection with the
foregoing and the purchase of land, easements, rights -of -way, and other real property
interests necessary therefor or incidental thereto, such bonds to mature serially or
otherwise (not more than forty (40) years from their date) in accordance with law; and
any issue or series of said bonds to bear interest at such rate or rates (fixed, floating,
variable or otherwise) as may be determined within the discretion of the City Council,
provided that such rate of interest shall not exceed the maximum rate per annum
authorized by law at the time of the issuance of any issue or series of said bonds; and
shall the City Council of the City be authorized to levy and pledge, and cause to be
assessed and collected, annual ad valorem taxes, within the limitations prescribed by law,
on all taxable property in said City sufficient to pay the annual interest and provide a
sinking fund to pay the bonds at maturity and the cost of any credit agreements executed
in connection with the bonds ?"
PROPOSITION 2
"Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one
or more series of general obligation bonds of the City in the aggregate principal amount
of not more than $8,000,000 for the purpose of making permanent public improvements
or other public purposes, to wit: acquiring, constructing, improving, renovating, and
equipping public safety facilities (to include a new fire station), acquiring lands and
rights -of -way necessary thereto, and completing related landscaping, such bonds to
mature serially or otherwise (not more than forty (40) years from their date) in
accordance with law; and any issue or series of said bonds to bear interest at such rate or
rates (fixed, floating, variable or otherwise) as may be determined within the discretion of
the City Council, provided that such rate of interest shall not exceed the maximum rate
per annum authorized by law at the time of the issuance of any issue or series of said
bonds; and shall the City Council of the City be authorized to levy and pledge, and cause
to be assessed and collected, annual ad valorem taxes, within the limitations prescribed
by law, on all taxable property in said City sufficient to pay the annual interest and
provide a sinking fund to pay the bonds at maturity and the cost of any credit agreements
executed in connection with the bonds ?"
SECTION 2. The City election precincts hereby established for the purpose of holding the
Election and the polling places hereby designated for holding the Election in the City election precincts
are identified in Exhibit A to this Ordinance, and this Exhibit A is hereby incorporated by reference into
this Ordinance for all purposes. At least 72 days prior to Election Day, the City, acting through the City
Manager, or the designee thereof, in coordination with the Administrator (or the Administrator's
designee), as necessary or desirable, will identify and formally approve the appointment of the Presiding
Judges, Alternate Presiding Judges, Election Clerks, and all other election officials for the Election,
together with any other necessary changes to election practices and procedures and can correct, modify,
or change the Exhibits to this Ordinance based upon the final locations and times agreed upon by the
Administrator, the City, and the Participants to the extent permitted by applicable law.
The Presiding Judge shall appoint not less than two resident qualified voters of the County to act
as clerks in order to properly conduct the Election. To the extent required by the Texas Election Code, as
amended, or other applicable law, the appointment of these clerks must include a person fluent in the
Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such
aid at the polls on Election Day. If the Presiding Judge appointed actually serves, the Alternate Presiding
Judge shall serve as one of the clerks. In the absence of the Presiding Judge, the Alternate Presiding
Judge shall perform the duties of the Presiding Judge of the election precinct.
82342696.9 -2-
On Election Day, the polls shall be open as designated on Exhibit A.
The main early voting location is designated in Exhibit B to this Ordinance (which is hereby
incorporated herein by reference for all purposes). The individual named as the Early Voting Clerk as
designated in Exhibit B is hereby appointed as the Early Voting Clerk to conduct such early voting in the
Election. The Early Voting Clerk shall appoint the Deputy Early Voting Clerks. This main early voting
location shall remain open to permit early voting on the days and at the times as stated in Exhibit B.
Early voting shall commence as provided on Exhibit B and continue through the date set forth on
Exhibit B, all as provided by the provisions of the Texas Election Code, as amended.
Additionally, permanent and/or temporary branch offices for early voting by personal appearance
may be established and maintained in accordance with the Texas Election Code. In the event such
permanent and /or temporary branch locations are established, information regarding the locations, dates,
and hours of operation for early voting at these offices shall be determined by the Administrator, as
identified in Exhibit B hereto.
An Early Voting Ballot Board is hereby established for the purpose of processing early voting
results. The individual designated in Exhibit B as the Presiding Judge of the Early Voting Ballot Board is
hereby appointed the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall
appoint not less than two (2) resident qualified voters of the County to serve as members of the Early
Voting Ballot Board.
SECTION 3. Electronic voting machines may be used in holding and conducting the Election.
on Election Day; provided, however, in the event the use of such electronic voting machines is not
practicable, the Election may be conducted on Election Day by the use of paper ballots (except as
otherwise provided in this section). Electronic voting machines or paper ballots may be used for early
voting by personal appearance (except as otherwise provided in this section). Pursuant to Section 61.012,
as amended, Texas Election Code, the City shall provide at least one accessible voting system in each
polling place used in the Election. Such voting system shall comply with laws of the State of Texas (the
State) and applicable federal laws establishing the requirement for voting systems that permit voters with
physical disabilities to cast a secret ballot. Any other legally - permissible voting methods may be used for
early voting and Election Day voting by personal appearance. Certain early voting may be conducted by
mail.
SECTION 4. The City shall also utilize a Central. Counting Station (the Station) as provided by
Section 127.001, et seq., as amended, Texas Election Code, as amended. The Administrator, or the
designee thereof, is hereby appointed as the Manager and Presiding Judge of the Station and may appoint
Station clerks and establish a written plan for the orderly operation of the Station in accordance with the
provisions of the Texas Election Code, as amended. The Council hereby appoints the Administrator, or
the Administrator's designee, as the Tabulation Supervisor and the Administrator, or the Administrator's
designee, as the Programmer for the Station. Lastly, the Administrator will publish notice and conduct
testing on the automatic tabulation equipment relating to the Station and conduct instruction for the
officials and clerks for the Station in accordance with the provisions of the Texas Election Code, as
amended.
SECTION 5. The official ballot shall be prepared in accordance with the Texas Election Code,
as amended, so as to permit voters to vote "FOR" or "AGAINST" the aforesaid propositions which shall
appear on the ballot substantially as follows:
82342696.9 -3-
PROPOSITION 1
"THE ISSUANCE OF NOT TO EXCEED $7,000,000 OF CITY OF SCHERTZ, TEXAS
GENERAL OBLIGATION BONDS FOR STREETS (PRIMARILY FM 1103 AND FM
1518), BRIDGES, AND SIDEWALK IMPROVEMENTS, AND THE LEVYING OF A
TAX IN PAYMENT THEREOF"
PROPOSITION 2
"THE ISSUANCE OF NOT TO EXCEED $8,000,000 OF CITY OF SCHERTZ, TEXAS
GENERAL OBLIGATION BONDS FOR PUBLIC SAFETY FACILITIES,
INCLUDING A NEW FIRE STATION, AND THE LEVYING OF A TAX IN
PAYMENT THEREOF"
SECTION 6. All resident qualified voters of the City shall be permitted to vote at the Election,
and on Election Day, such voters shall vote at the designated polling places. The Election shall be held
and conducted in accordance with the provisions of the Texas Election. Code, as amended, Chapters 1251
and 1331, as amended, Texas Government Code, and as may be required by any other law. All materials
and proceedings relating to the Election shall be printed in both English and Spanish.
SECTION 7. A substantial copy of this Ordinance shall serve as a proper notice of the
Election. This notice, including a Spanish translation thereof, shall be posted (i) at three public places
within the City and at the City Hall not less than 21 days prior to Election Day, (ii) in a prominent
location at each polling place on Election Day and during early voting, and shall be published on the same
day in each of two successive weeks in a newspaper of general circulation in the City, the first of these
publications to appear in such newspaper not more than 30 days, and not less than 14 full days prior to
Election Day. In addition, during the 21 days prior to Election Day, the City shall, in a prominent
manner, maintain such notice on its internet website.
SECTION 8. As required by and in accordance with Section 3.009(b)(5) and (7) through (9) of
the Texas Election Code, added by the 83rd Texas Legislature, the City, as of its fiscal year beginning
October 1, 2014, had outstanding an aggregate principal amount of debt equal to $73,015,000; the
aggregate amount of the interest owed on such City debt obligations, through respective maturity, totaled
$23,253,729; and the City levied an ad valorem debt service tax rate for its outstanding debt obligations
of $0.1810 per $100 of taxable assessed valuation. The City estimates an ad valorem debt service tax rate
of $0.1810 per $100 of taxable assessed valuation if the bonds that are subject of the Election are
approved and are issued (taking into account the outstanding City bonds and bonds that are the subject of
this Election, but not future bond authorizations of the City). This is only an estimate provided for Texas
statutory compliance and does not serve as a cap on any City ad valorem debt service tax rate.
SECTION 9. The Council authorizes the City Manager, or the City Manager's designee, to
negotiate and enter into one or more joint election agreements or contracts with the County, through the
Administrator, and the Participants in accordance with the provisions of the Texas Election Code, as
amended, and as necessary or desired, to make such technical modifications to this Ordinance that are
necessary for compliance with applicable State or federal law or to carry out the intent of the Council, as
evidenced herein.
To the extent that any duty or obligation of the City, in general, or any City official, in particular,
is properly delegated to the County pursuant to a joint election agreement, then the County's carrying out
those duties and obligations on the City's behalf pursuant to the terms of such joint election agreement
82342696.9 -4-
shall be binding upon the City and are hereby determined by the Council to be evidence of the City's
compliance with the provisions of applicable Texas law concerning the Election relative to the same.
SECTION 10. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the
judgment and findings of the Council.
SECTION 11. All ordinances and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and
the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein.
SECTION 12. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
SECTION 13. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such
provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares
that this Ordinance would have been enacted without such invalid provision.
SECTION 14. It is officially found, determined, and declared that the meeting at which this
Ordinance was adopted was open to the public and public notice of the time, place, and subject matter of
the public business to be considered at such meeting, including this Ordinance, was given, all as required
by Chapter 551, as amended, Texas Government Code.
SECTION 15. Pursuant to the provisions of Section 1201.028, as amended, Texas Government
Code, this Ordinance shall be effective immediately upon adoption.
82342696.9 -5-
FIRST READING on the 28th day of July, 2015.
SECOND READING, PASSED, AND ADOPTED on the 4th day of August, 2015.
CITY OF SCHERTZ, TEXAS
Mayor
r:31
City Secretary
(SEAL)
82342696.9 -6-
EXHIBIT A
ELECTION PRECINCTS AND ELECTION DAY POLLING LOCATIONS FOR
COMAL AND GUADALUPE COUNTIES
Election Day: Tuesday, November 3, 2015
Election Day Polling Locations open from 7:00 a.m. to 7:00 p.m.
COMAL COUNTY:
202
John Paul II Catholic High School, 6720 FM 482, New Braunfels, Texas
301
Westside Community Center, 2932 So. IH 35, New Braunfels, Texas
GUADALUPE COUNTY:
303
Schertz Elections Office, 1101 Elbel Rd., Schertz, Texas
304
Schertz United Methodist Church, 3460 Roy Richard Dr., Schertz, Texas
305
Selma City Hall, 9375 Corporate Dr., Selma, Texas
306
Crosspoint Fellowship Church, 2600 Roy Richard Drive, Schertz, Texas
401
Immaculate Conception Catholic Church, 212 N. Barnett St., Marion, Texas
402
Schertz Community Center, 1400 Schertz Parkway, Schertz, Texas
403
Knights of Columbus Hall, 509 Schertz Pkwy., Schertz, Texas
404
Schertz Community Center North, 3501 Morning Dr., Cibolo, Texas
409
Elaine S. Schlather Intermediate School, 230 Elaine S. Schlather Pkwy., Cibolo, Texas
[The remainder of this page intentionally left blank.]
82342696.9 A -1
EXHIBIT B
MAIN AND PERMANENT BRANCH
POLLING PLACES DATES AND TIMES IN COMAL AND GUADALUPE COUNTIES
Early voting begins Monday, October 19, 2015 and ends on Friday, October 30, 2015
Early Voting Clerk: Lisa Adam
Early Voting Clerk's address: P.O. Box 1346
Seguin, Texas 78156 -1346
Presiding Judge of the Early Voting Ballot Board: Lisa Adam
Location, Dates & Hours of Main Early Voting Polling Place in
Comal and Guadalupe Counties
Seguin Elections Office
21.5 So. Milan Street
Seguin, Texas
Dates Times
Monday, October 19, 2015 . through Friday, October 23, 2015 8:00 a.m. to 5:00 p.m.
Saturday, October 24, 2015 7:00 a.m. to 7:00 p.m.
Sunday, October 25, 2015 1:00 p.m. to 6:00 p.m.
Monday, October 26, 2015 through Friday, October 30, 2015 7:00 a.m. to 7:00 p.m.
Any voter who is entitled to vote an early ballot by personal appearance may do so at
the Main Early Voting Site.
Locations, Dates & Hours of Permanent Branch Early Voting Polling Places in
Comal and Guadalupe Counties
Grace Memorial Church 3240 FM725, New Braunfels, Texas
Central Texas Technology Center Room 118 Conference Room, 2189 FM 758, New Braunfels, Texas
Schertz Elections Office Annex 1101 Elbe] Rd. Schertz, Texas
New Berlin City Hall 9180 FM 775, New Berlin, Texas
Dates Times
Monday, October 19, 2015 through Friday, October 23, 2015 8:00 a.m. to 5:00 p.m.
Saturday, October 24, 2015 7:00 a.m. to 7:00 p.m.
Sunday, October 25, 2015 1:00 p.m. to 6:00 p.m.
Monday, October 26, 2015 through Friday, October 30, 2015 7:00 a.m. to 7:00 p.m.
[The remainder of this page intentionally left blank.]
82342696.9 B -1
MAIN AND PERMANENT BRANCH
POLLING PLACES DATES AND TIMES IN BEXAR COUNTY
Early voting begins Monday, October 19, 2015 and ends on Friday, October 30, 2015
Early Voting Clerk: Jacquelyn F. Callanen
Early Voting Clerk's address: 1103 S. Frio, Suite 100
San Antonio, Texas 78207 -6328
Presiding Judge of the Early Voting Ballot Board: Jacquelyn F. Callanen
Location, Dates & Hours of Main Early Voting Polling Place in Bexar County
Bexar County Elections Department
1103 S. Frio, Suite 100
San Antonio, Texas
Dates
Times
Monday, October 19, 2015 through Friday, October 23, 2015 .
8:00 a.m. to 6:00 p.m.
Saturday, October 24, 2015
10:00 a.m. to 6:00 p.m.
Sunday, October 25, 2015
12:00 noon to 6:00 p.m.
Monday, October 26, 2015 through Wednesday, October 28, 2015
8:00 a.m. to 6:00 p.m.
Thursday, October 29, 2015 through Friday, October 30, 2015
8:00 a.m. to 8:00 p.m.
Any voter who is entitled to vote an early ballot by personal appearance may do so at
the Main Early Voting Site.
[The remainder of this page intentionally left blank.]
82342696.9 B -2
Locations, Dates & Hours of Permanent Branch Early Voting Polling Places in Bexar County
Bexar County Justice Center * **
300 Dolorosa
Blossom Athletic Center
12002 Jones Maltsberger
Brookhollow Library
530 Heimer Road
Castle Hills City Hall (southeast corner of Council Chambers)
209 Lemonwood Dr.
Claude Black Center
2805 East Commerce
Cody Library
11441 Vance Jackson
Converse City Hall
405 S. Seguin Rd
Copernicus Community Center
5003 Lord Rd.
East Central Independent School District Admin Building
6634 New Sulphur Springs Road
Encino Branch Library
2512 East Evans Rd
Fair Oaks Ranch City Hall (Council Chambers)
7286 Dietz Elkhorn
Great Northwest Library
9050 Wellwood
Helotes City Hall
12951 Bandera Rd.
Henry A. Guerra, Jr. Library
7978 W Military Drive
John Igo Library
13330 Kyle Seale Parkway
Johnston Library
6307 Sun Valley Drive
Julia Yates Semmes Library @ Comanche Lookout Park
15060 Judson Road
Las Palmas Library
515 Castroville Road
Leon Valley Library
6421 Evers Rd
Lion's Field
2809 Broadway
Maury Maverick, Jr. Library
8700 Mystic Park
McCreless Library
1023 Ada Street
Memorial Library
3222 Culebra
Mission Library
3134 Roosevelt Ave.
Northside Activity Center
7001 Culebra
Olmos City Hall
120 El Prado W
Parman Library @ Stone Oak
20735 Wilderness Oak
Precinct 1 Satellite Office
3505 Pleasanton Rd.
Shavano Park City Hall (Council Chambers)
900 Saddletree Ct
Somerset High School
7650 South 1604 West, Somerset
South Park Mall
2310 S.W. Military
Tobin Library @ Oakwell
4134 Harry Wurzbach
Universal City — City Hall
2150 Universal City Blvd.
Windcrest Takas Park Civic Center
9310 Jim Seal Dr.
Wonderland Mall. Of The Americas @ Crossroads
4522 Fredericksburg
Dates Times
Monday, October 19, 2015 . through Friday, October 23, 2015 8:00 a.m. to 6:00 p.m.
Saturday, October 24, 2015 10:00 a.m. to 6:00 p.m.
Sunday, October 25, 2015 12:00 noon to 6:00 p.m.
Monday, October 26, 2015 through Wednesday, October 28, 2015 8:00 a.m. to 6:00 p.m.
Thursday, October 29, 2015 through Friday, October 30, 2015 . 8:00 a.m. to 8:00 p.m.
* * * Early voting will not be conducted on Saturday or Sunday or
after 6:00 pm on weekdays at the Bexar County Courthouse.
[The remainder of this page intentionally left blank.]
82342696.9 B -3
EARLY VOTING BY MAIL:
Applications for voting by mail should be mailed to be received no earlier than Friday, September 4, 2015
and no later than the close of business (4:30 p.m.) on Friday, October 23, 2015.
Applications should be mailed to:
Comal and Guadalupe Counties
Lisa Adam
Elections Administrator
P.O. Box 1346
Seguin, Texas 78156 -1346
Bexar County
Jacquelyn F. Callanen, Election Administrator
1103 S. Frio, Suite 100
San Antonio, Texas 78207 -6328
82342696.9 B -4
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: August 4, 2015
Department: Fire Department
Subject: Ordinance No. 15 -C -21 — Conduct a
Public hearing and consideration
and/or action approving an
Ordinance amending the Schertz
Code of Ordinances, Chapter 30,
Fire Prevention and Protection, by
amending existing International Fire
Codes and adopting new
International Fire Codes and
adopting the revised Schertz Code of
Ordinance, Chapter 30, Fire
Prevention and Protection. Final
Reading (D. Wait, D. Covington, J.
Perry)
BACKGROUND
Goal
The City Council has determined a need to revise current building and fire codes with regard to
fire, building, fuel /gas and electrical requirements. The revisions proposed are intended to
ensure the proper construction and life safety of structures built in the City and to follow
compliance with the requirements of the Insurance Service Office Inc.
City Council approved this on first reading at their meeting of July 28, 2015.
Community Benefit
It is the City's desire to protect the safety and welfare of the community through regulation of
certain construction activities within the City.
50077367.2
Summary of Recommended Action
Fire Department staff researched target cities and several surrounding cities on the codes they
are operating under and have recently adopted. During the research amendments taken by
these target cities were noted and compared to current City adopted codes. The City of
Schertz is currently under the 2006 International Fire Code (IFC). Purpose of the IFC is for
construction and occupancy safety as well as sets a minimum safety standards for occupancy.
Additionally, the IFC covers life safety for both the occupants and responders. With the
adopted amendments to the IFC 2012 the City will be in line with surrounding cities and for
building construction and life safety.
A workshop was held at the May 26, 2015 . City Council meeting for discussion and
comments related to the IFC amendments. Fire Department staff attended construction
industry meetings that were held to include attendance by GSABA members on July 13 and
14, 2015. Amendments were sent to City Legal staff for review and approval.
Schertz Code of Ordinances, Chapter 30, Fire Prevention and Protection amendments
include:
• Amending Article II Fire Marshal - Section 30 -22 — Responsibilities
1. Clarified the designees of the Fire Marshal and their role as it pertains to state
certified peace officer and the Fire Code. This allows enforcement of the Code
by a greater number of personnel for safety reasons.
• Amending Article IV Fireworks Code — Section 30 -64 Fireworks Prohibited
1. Amended section to follow with State laws.
• Amending V Fire Prevention Code
1. Amended Section 30 -81 Fire Prevention. Code to adopt International Fire
Code 2012 and pertinent appendices.
2. Amended Section 30 -82 Amendments to adopt proposed amendments to the
International Fire Code 2012.
• Amending Article VI Life Safety Code
1. Amended to adopt most current edition of National Fire Protection
Association Standard 101 — Life Safety Code.
City Council approved this on first reading at their meeting of July 28, 2015.
FISCAL IMPACT
50077367.2
None
1�
The Planning and Zoning Commission reviewed the changes proposed at their regular meeting of
July 22, 2015 and offered a recommendation of approval.
Staff recommends Council approve final reading of Ordinance 15 -C -21 amending the Schertz
Code of Ordinances, Chapter 30, Fire Prevention and Protection by amending existing
International Codes and adopting new International Codes and adopting the revised Schertz Code
of Ordinances, Chapter 30, Fire Prevention and Protection be approved.
ATTACHMENT(S)
Ordinance No. 15 -C -21
50077367.2
ORDINANCE NO. 15 -C -21
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF
SCHERTZ CHAPTER 30, FIRE PREVENTION AND PROTECTION BY
AMENDING EXISTING INTERNATIONAL CODES AND ADOPTING NEW
INTERNATIONAL CODES.
WHEREAS, the Texas Local Governmental Code empowers the cities to enact fire
codes and regulations and provide for their administration, enforcement, and amendment; and
WHEREAS, the regulation of fire safety codes by the City of Schertz (the "City ") is
necessary to protect the public health and welfare; and
WHEREAS, the City Council of the City desires to protect the safety and welfare of the
citizens of the City through regulation of construction activities fire safety compliance in the
City; and
WHEREAS, the City has previously adopted multiple international codes; and
WHEREAS, more recent international codes have been adopted by the International
Code Committee; and
WHEREAS, City Staff has undertaken a review of the newly adopted international codes
as compared to the City's existing codes; and
WHEREAS, City Staff recommends adopting the international codes provided for herein
along with certain amendments; and
WHEREAS, City Staff presented the international codes provided for herein along with
their amendments to the City Planning and Zoning Commission (the "P &Z ") on July 22, 2015
and
WHEREAS, the P &Z voted to recommend approval of the provisions regulating
construction activities set forth herein at the P &Z meeting on July 22, 2015 ; and
WHEREAS, the City Council has determined that the regulation of construction
activities and fire safety compliance in the City, as set forth herein, is in the best interests of the
city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
Section 1. Chapter 30, "Fire Prevention and Protection" of the Code of Ordinances, City
of Schertz, Texas, Articles II, IV, V and VI are hereby amended.
Section 2. Amendments. Chapter 30 "Fire Prevention and Protection" of the Code of
Ordinances, City of Schertz, Texas, is hereby amended to read as follows:
ARTICLE II. FIRE MARSHAL
Sec. 30 -22. — Responsibilities. Is amended to read.
The Fire Marshal and his designee, must be a state - certified peace officer. The Fire Marshal, and
his designee, shall perform such duties as prescribed by law and other ordinances. The Fire
Marshal shall be the authority having jurisdiction concerning nuisances, arson, fire prevention
and/or fire code matters.
ARTICLE IV. FIRE WORKS CODE. Is amended as follows.
Section 30 -64. — Fireworks prohibited
(a) Except as provided hereinafter, it shall be unlawful for a person to manufacture,
assemble, store, transport, sell, offer or have in possession with intent to sell, use,
discharge, ignite, or otherwise set in action any fireworks within the corporate limits of
the city of its extfateffitefial ; sdietie
(b) Except as provided hereinafter, it shall be unlawful for a person to manufacture,
assemble, store, have in possession with intent to use, discharge, ignite, or otherwise set
in action any fireworks within 5000 feet outside of the City's corporate limits.
(c) Packaged or unopened fireworks cannot be confiscated by the municipal authority.
Sec30 -67. — Seizure and disposal. Repealed.
ARTICLE V. — FIRE PREVENTION CODE
Sec. 30 -81. - Fire Prevention Code adopted. Is amended to read.
The International Fire Code, 2012 Edition (IFC- 2012), as amended, revised and corrected, including
Appendices B, C, D, F, H, I, and all future editions, revisions, amendments, and corrections, published by
the International Code Council (ICC), one copy of which is on file with the city secretary, is hereby
adopted and incorporated by reference as the Fire Prevention Code of the City of Schertz, subject to and
including by reference such amendments as herein shall appear.
Sec. 30 -82 — Amendments
The International Fire Code, 2012 Edition (IFC -2012) is hereby amended as stated below.
Section [A] 10 1.1 is amended to read as follows:
[A] 101.1 Title. These regulations shall be known as the Fire Code of City of Schertz, hereinafter
referred to as "this code ".
Section [A] 102.9 is amended by adding 102.9.1 Fire ChiefAuthorization as follows:
[A] 102.9.1 Fire Chief Authorization The Fire Chief is authorized to make and enforce such
rules and regulations for the prevention and control of fires and fire hazards as may be necessary
from time to time to carry out the intent of this Code.
Section 104 GENERAL AUTHORITY AND RESPONSIBILITIES, is amended by adding
Section [A] 104.1.1 entitled Authority of the Fire Chief and the Fire Department and Section [A]
104.1.2 entitled Additional Duties and Police Powers of Fire Department Members as follows:
[A] 104.1.1 Authority of the Fire Chief and the Fire Department. The Fire Chief is duly
authorized to act by any means he deems necessary to Protect life and property from fire hazards.
The Fire Chief may delegate his power to any other member of the Fire Department.
[A] 104.1.2 Additional Duties and Police Powers of Fire Department Members. In addition to
the duties required or prescribed for members of the Fire Department in connection with the
regular functions of such department, when so required by order of the City Manager in case of
riots, floods, or other public emergencies or catastrophes or public danger of any sort, and all fires
by order of the Fire Chief, Assistant Chief, Battalion Chief, or any Captain or Lieutenant of the
Fire Department, each and all members of the Fire Department shall be and become vested with
full Police powers and shall perform all duties required for the protection of persons or property
or the preservation of public safety, peace and order.
Section [A] 104.3 Right of Entry, is amended by adding subsection [A] 104.3.2 entitled Photographic
Documentation to read as follows:
[A] 104.3.2 Photographic Documentation. Members of the Fire Department making such
examinations or inspections shall have the right, with proper credentials, and be authorized to
take a reasonable number of photographs or videotapes for evidence and for records for use by
the Fire Department to study hazards and scientific control for fire safety.
Section [A] 105.4.2 Information on construction documents is amended by adding Section [A] 105.4.2.2
entitled Occupancy Classification Letter as follows:
Al 105.4.2.2 OCCUDanev Classification Letter. Two conies of a completed "Occupanc
Classification Letter" (a.k.a. "Commodities Letter ") or other approved Fire Protection report shall
be submitted to the City for buildings or portions thereof that are to be used for any of the
following purposes:
1. Warehousing or storage
2. Retail including rack display of products
3. Hazardous material storage and/or use
4. Manufacturing
The Occupancy Classification Letter is required to be submitted
1. with the building permit submittal documents when seeking a building permit,
2. to the Fire Inspector during a Certificate of Occupancy inspection, or
3. at any other time when required by the fire code official.
The Occupancy Classification Letter is to be prepared by the owner and/or tenant of the
building /space in question or a registered design professional. It is to be signed, dated and on
company letterhead. If the Occupancy Classification Letter is prepared by a registered design
professional representing the owner and/or tenant of the building /space in question, the letter is to
be countersigned y the owner and/or tenant. The Occupancy Classification Letter is to be kept
on site at all times. Prior to a change in 1) the type or amount of hazardous material(s) used or
stored, 2) the type or amount of storage or storage height or method, or 3) the manufacturing
process, a revised Occupancy Classification. Letter is to be submitted to the Fire Chief or his
designee for review.
Section 105.6Required operational permits is amended by adding Section 105.6.47 Food Booths, and
Section [A] 105.6.48 entitled Mobile Food Establishments as follows:
[A] 1.05.6.47 Food Booths.
An operational permit is required for the operation of a food booth. For permit to operate a food
booth, see Section 320.
[A] 105.6.48 Mobile Food Establishments.
An operational permit is required for the operation and maintenance of a mobile food
establishment. Small, light weight vendor push carts, as determined by the fire code official, are
not covered under this section. For permit to operate a Mobile Food Establishment, see Section
321.
Section [A] 105.7. 11 LP-gas is hereby amended as follows:
1A1105.7.11 LP -gas. A construction permit is required for installation of or modification to an
LP -gas system that contains 120 gallons or more. Maintenance performed in accordance with this
code is not considered to be a modification and does not require a permit.
Section [A] 110.2 Evacuation is amended by adding [A] 110.2.1 Removal of'Occupants:
[A] 110.2.1 Removal of Occupants. A member of the Fire Department is authorized to require
the removal of occupants at a location when actual occupancy exceeds the permitted or posted
occupant load. A person commits an offense if he refuses to obey an order to vacate.
Section 111.4 (IFC -2012) Failure to comply. Such provision is hereby amended to read as
follows:
Section 111.4 (IFC -2012) Failure to comply "Any person who shall continue any work after having
been served with a stop work order, except such work as that person is directed to perform to remove
a violation or unsafe condition, shall be guilty of a violation of Class C Misdemeanor. Punishable by
fine not to exceed $2000 per damper offense"
SECTION 202, GENERAL DEFINITIONS is amended by adding definitions and modifying
existing ones as follows:
SECTION 202
GENERAL DEFINITIONS
Change of Occupancy is amended to read as follows:
Change of Occupancy. A change in the purpose or level of activity to include change of
ownership or business name, within a building that involves a change in application of the
requirements of this code.
Fire Lane is amended to read as follows:
Fire Lane. Shall mean any area appurtenant to entrances or exits of a building deemed necessm
by the Fire Chief or his designee to remain free and clear of parked vehicles for access to such
building in case of fire or other emergency and designated by him as such, and may include
sidewalks, driveways, portions of parking lots, or any other area adjacent to or near building
entrances or exits, or and
Fire Watch is amended to read as follows:
FIRE WATCH .Qualified individuals are defined as State Certified Fire Inspectors assigned to
the Fire Prevention Division of the City of Schertz, or, if approved by the Fire Marshal, Texas
Certified Firefighters, Peace Officers, individuals employed by a private security firm, or other
designated individuals whose sole duty when assigned a fire watch is to perform constant patrols of
the premises and keep watch for signs of unwanted fire A written log must be maintained and
personnel must have at least one approved means of notifying the fire department of fire or other
emergencies.
Foster Care Family Home is added as follows:
FOSTER CARE FAMILY HOME shall mean a single independent residential occupancy that is
the primary residence of the caregiver and licensed by the state to provide twenty four (24) hour care
for six or fewer children (including those related to the care) up to the age of eighteen (18)
Mobile Food Establishment is added as follows:
MOBILE FOOD ESTABLISHMENT shall mean a mobile food operation using any
producing equipment to cook, fry, or warm products for consumption from a motorized vehicle,
towable trailer. or watercraft.
OCCUPANCY CLASSIFICATION. For the purposes of this code, certain occupancies are defined
as follows:
[BGj Residential Group R -3 is amended to add the following:
[BGj Residential Group R -3. Residential Group R -3 occupancies where the occupants are
primarily permanent in nature and not classified as Group R -1, R -2, R -4 or 1, including:
Foster Care Family Homes
Special Event is added as follows:
SPECIAL EVENT shall mean an indoor or outdoor event that, in the opinion of the Fire Code
Official or their designee, meets any of the following criteria:
follows:
1. Constitutes a use or occupant load ordinarily permitted by the face of the Certificate of
Occupancy.
2. Requires the means of egress to be altered from a configuration that was previously
approved by the Building Code Official, Fire Code Official, or their designee (e.g.,
installation of booths, curtains, partitions, tables /chairs, etc. or the locking of select doors to
limit access to portions of a building or area).
3. Poses a condition that compromises any life safetysystems that were previously approved by
the Building Code Official, Fire Code Official, or their designee (e.g., reduced lighting,
increased sound levels, installation of alternate interior finishes, etc.).
4. Poses a condition that reduces the effectiveness of public safety services of any kind (e.g.,
Conditions that result in reduced access to fire hydrants, sprinkler riser /pump rooms, Fire
Department Connections, etc.)."
Section 307.1 General is amended by adding Section 307.1.2 Carrying Burning Materials as
307.1.2 Carrying Burning Materials. No person in the city shall carry or cause to be carried, in
any street or other thoroughfare, any burning coal or firebrands, unless the same is shut up in a
covered vessel.
Section 307.4 Location. Such provision is hereby amended to read as follows:
Section 307.4 Location The location and conditions for open burning shall be in accordance
with rules established by the Texas Commission on Environmental Quality (y TCEQ) and in effect
at the time the permit is issued. Location and conditions shall be further restricted, as follows:
Forecasted wind speed of 15 mph or less;
2. Open burning shall not be allowed in residential areas on lot sizes less than three (3)
acres;
Open burning shall not be allowed on days subject to an "Air Quality Health Alert" or
other air quality warning."
4. Failure for permit holder to keep a control burn under control through negligence,
which activates an emergency response by Fire Department will require the permit
holder to pav for the cost of the fire response in accordance to fees set forth in
Exhibit -l- Fee Schedule.
Section 308.1.4 Open flame cooking devices is amended by deleting exception 2 and 3 and
renumbering as follows:
308.1.4 Open -flame cooking devices. Charcoal burners and other open -flame cooking devices
shall not be operated on combustible balconies or within 10 feet (3048 mm) or combustible
construction.
Exceptions:
One- and two- family dwellings.
Section 308 OPEN FLAMES is amended by adding Section 308.5 entitled Fire Hazard
Prohibited as follows:
308.5 Fire Hazard Prohibited. In Group R, Division 1 & 2 occupancies, a person shall not
construct, erect, install, maintain or use any incinerator or barbecue pit or so burn any
combustible material as to constitute or occasion a fire hazard by the use or burning thereof or as
to endanger the life or grope , of any person thereof.
The use or burning of any such devices under the following conditions shall constitute a fire
hazard and is strictly prohibited-
1. Within 10 linear feet of any combustible surface, including but not limited to decks, porches,
balconies, walls, or verandas.
2. Beneath any balcony, porch, roof overhang, deck, or veranda.
CHAPTER 3 GENERAL REQUIREMENTS is amended by adding a new Section 319
PARADE FLOATS to read as follows:
SECTION 319
PARADE FLOATS
319.1 Decorative Materials. Decorative material on parade floats shall be noncombustible or
flame retardant_
319.2 Fire Protection. Motorized parade floats and towing apparatus shall be provided with a
minimum 2 -A, 10 -B:C -rated portable fire extinguisher readily accessible to the operator.
319.3 Exhaust Pipes. Motorized float exhaust pipes must be extended past the exterior of the
float and be clear of all decorative material.
319.4 Escape Hatch. Motorized floats shall be equipped with a quick escape hatch from interior
driver compartments.
CHAPTER 3 GENERAL REQUIREMENTS is amended by adding a new Section 320 FOOD
BOOTHS as follows:
SECTION 320
FOOD BOOTHS
320.1 Permits. For permit to operate a food booth, see Section 1.05.6.47. It shall be unlawful to
operate a food booth without a permit.
320.2 Fire Extinguishers. One 2A -10 BC fire extinguisher shall be required for all food booths.
Booths containing deep fat fryers shall have a class K portable fire extinguisher for up to four
fryers having a maximum cooking medium capacity of 80 pounds each. For every additional
_..group of four fryers having a maximum cooking capacity of 80 pounds each, an additional class
K extinguisher will be required. For individual fryers exceeding 6 square feet in surface area,
class K extinguishers will be installed in accordance with manufacturers' recommendations. All
fire extinguishers shall have a current (within a year) inspection sticker from a licensed
extinguisher company or provide proof that the extinguisher is new (store receipt).
320.3 Location. Food booths utilized for cooking shall have a minimum of 10 feet clearance on
two sides. Booths shall not be placed in fire lanes unless otherwise approved by the fire code
official. Booths shall not be placed within 10 feet of amusement rides or devices.
320.4 Cooking equipment location. Barbeque pits shall not be located within 10 feet of
combustible materials. Barbeque pits shall not be located under the food booth canopy.
320.5 Acceptable Cooking Sources. The following are the only pproved cooking sources for
food booths:
1_. Wood or charcoal
2. Propane
3. Natural Gas
4. Electricity
320.6 Generators. Fuel tanks shall be of adequate capacity to permit uninterrupted operation
during normal operating hours. Generators shall be isolated from contact with the public. Storage
of gasoline is not allowed in or near generators or food booths.
320.7 Decorations. All decorative material shall be at least six feet away from any open flame,
cooking element, or heat source or be flame resistant.
320.8 Escape route. All concession stands shall have a minimum of a three ft. aisle for
emergency escpe.
320.9 Propane. All equipment used in conjunction with propane tanks must be UL Listed for the
purposes in which they will be used. Tanks shall be secured to prevent falling. Tanks shall only
be white or aluminum in color. Only one spare tank will be allowed in a food booth. Emptied
propane tanks are to be removed from the site immediately after use. Regulators shall be attached
to the tanks as close as possible. Leaks can be detected using a soqp and water solution. Tank
shutoff valves and/or additional shutoff valves shall be accessible and away from the cooking
appliance(s). Propane tanks shall not be within five feet of an ignition source. Propane tanks shall
not be located within 10 feet of a building door or window.
CHAPTER 3 GENERAL REQUIREMENTS is amended by adding a new Section 321
MOBILE FOOD ESTABLISHMENTS to read as,follows:
SECTION 321
MOBILE FOOD ESTABLISHMENTS
321.1 Permits.
321.1.1 It shall be unlawful to operate mobile food establishments without a permit as required
by Section 105.6.48. Annual mobile food establishment permits must be displayed in a visible
location in or on the mobile food establishment.
321.1.2 Mobile food establishments left on site for more than 24 hours at carnivals fairs
festivals, or other public events will be subject to Food Booth permit requirements, inspections,
and fees as set forth in Section 320 and Section 105.6.47 of this code in addition to and
associated with the annual mobile food establishment permits.
321.2 Fire Extinguishers - Fire extinguishers are required in mobile food establishments in
accordance with sections 321.2.1 through 321.2.4
321.2.1 All mobile food vendors shall have at minimum one (2AIOBC) portable fire
extinguisher mounted in a conspicuous place within the kitchen area.
321.2.2 Mobile food vendors with portable generators shall have a (3A40BQ portable fire
extinguisher. _
321.2.3 All portable fire extinguishers shall be serviced, inspected, and tagged annually.
321.2.4 In addition to any other required fire extinguisher, all mobile food vendors who deep fat
shall have a class K portable fire extinguisher for up to four fryers having a maximum .
cooking medium capacity of 80 pounds each. For every additional rg_oup of four fryers having
maximum cooking capacity of 80 pounds each, an additional class K extinguisher will be
required. For individual fryers exceeding six square feet in surface area, class K extinguishers
will be installed in accordance with manufacturers' recommendations.
321.3 Use of LPG - Liquefied Petroleum Gas usage shall comply with sections 321.3.1 through
321.3.5.
321.3.1 L.P. Gas containers shall be located and secured on the exterior of the mobile food
establishment, open to atmosphere or if containers are kept in compartment, said compartment
must be separate from the interior food preparation area. Access must be from the exterior of
the unit and compartment floor and exterior door must be vented to the atmosphere.
321.3.2 All mobile units with propane shall post a "NO SMOKING" sign next to or directly
above the propane bottle and visible to the public. Such sign shall be posted with a minimum of
four inch lettering.
321.3.3 Any hose used to pipe L.P. Gas to a device shall be listed by UL, FM, or other approved
agency and listed specifically for LP Gas service. All couplings, fittings, and any other devices
shall meet the requirements for LP Gas Service as outlined in the International Fuel Gas Code,
NFPA 58 and 54, or be deemed unapproved and removed from service.
321.3.4 LPG tanks shall be located outside the mobile food establishment a minimum of five
feet from the primary means of egress.
321.4 Baffles and Closures
321.4.1 All deep -fat fryers shall have a steel baffle between the fryer and surface flames of an
adjacent appliance or shall maintain a 16 inch separation distance. The baffle, if installed, shall
be eight inches in heir
321.5 Emergency Egress. Emergency egress shall comply with Sections 321.5.1 through
Section 321.5.2.2
321.5.1 Mobile food establishments shall have a clear, unobstructed height over the aisle -way
portion of the unit of at least 74 inches from floor to ceiling and a minimum of 30 inches of
unobstructed horizontal aisle space.
321.5.2 Should travel distance from any portion of the interior exceed 10 feet, the mobile food
establishments shall have a minimum of two exits located remote from each other and so
arranged as to provide a means of unobstructed travel to the outside of the vehicle.
321.5.2.1 A secondary means of egress shall be located remote of the main exit door, with an
unobstructed minimum passage of 24" X 24 " to the outside. The bottom of this secondary
means of egress shall not be more than four feet above the vehicle floor or a readily accessible
horizontal surface capable of supporting a weight of 300 pounds minimum opening to the
outside.
321.5.2.2 The latch mechanism of any exit facility shall be operable by hand, and shall not
require the use of a key or special knowledge for operation from the inside. The secondary exit
shall be labeled with the word 'EXIT" with two inch minimum letters on contrasting
background.
321.6 Generator Refueling
321.6.1 Refueling of generators shall be performed in an approved location not less than 20 feet
from the mobile food establishment. Fuel shall be stored in a UL or FM approved flammable
liquid safety container in an approved location. Generators shall be grounded in an approved
method. Generators shall not be refueled in areas occupied by the public.
Section 405.2 Frequency is amended by adding a new Section 405.2.1 Fire Drill Records to read as
follows:
405.2.1 Fire Drills for E Occupancies. The operator of premises housing an E Occupancy
shall conduct fire drills:
1. Without warning
2. In a manner requiring:
a. all students to immediately leave the structure upon hearing the fire drill
signal;
b. a roll call by classes outside the structure; and
c. doors to be closed as each area is evacuated;
3. In a manner simulating fire conditions;
4. In a manner prohibiting students from running or r playLng;
5. If approved, in a manner permitting security ecurity persons to remain inside the structure during
drills;
6. Which include:
a. Complete checks of each section of the structure:
b. The use of varying evacuation routes;
c. Occasional simulation of blocked exits;
d. Provisions for calling the fire department; and
e. The use of varying drill times;
7. During weather which does not pose a health threat to students;
8. As an exercise in discipline and procedure. rather than speed: and
9. By pulling a manual pull station.
Section 405.2 Frequency is amended by adding a new Section 405.2.2 Fire Drills for E
Occupancies to read as follows:
405.2.2 Fire Drills for E Occupancies. FIRE CHIEF'S POWER TO ORDER FIRE DRILL. The
Fire Chief may require a fire drill at any E Occupancy. ate. time.
Section 503. 1.1 Buildings and facilities is amended by adding Section 503.1.1.1 Access from
adjacent lot as follows:
503.1.1.1 Access from adjacent lot. Where fire apparatus access roads for a building or
buildings are provided from an adjacent lot, a fire lane easement or ingress /egress easement is
required to be recorded on the adjacent lot's plat that is providing the common access. The
adjacent lot's plat is to clearly show the easement graphically,
Exception: In lieu of the graphical easement, a note maw placed on the plat that, at a
minimum, states, the following: "Ingress and egress shall be provided between all adjacent lots
for adequate fire department vehicle access per the City of Schertz Fire Code. The cross access
shall not be blocked nor may this note be taken off the plat without written permission from the
City of Schertz Director of Development Services and the Schertz Fire Department Fire
Marshal."
Section 503.2.1 Dimensions is amended by adding Section 503.2.1.2 Mountable Curbs are
added to read as follows:
503.2.1.2 Mountable Curbs. Mountable curbs are Dermitted when aDDroved by the Fire Marshal.
Section 503.2.3 Surface is amended by adding a second paragraph to read as follows:
503.2.3 Surface. Drivable grass surfaces, or other alternative drivable surfaces, are permitted
when approved by the Fire Marshal or his designee and in accordance with all of the following
conditions:
1. Sealed documents indicating eomDlianee with the Drovisions of 503.2.3 shall be submitted by
a registered design professional for review.
2. The drivable grass surface, or alternative drivable surface, shall not be used as the primary
access to the site.
3. The surface shall be capable of supporting the imposed load of fire apparatus weighing at
least 75,000 pounds.
4. Blue traffic reflectors shall be provided on each side of the surface every 20 feet to clearly
mark its boundaries. Vegetation on and surrounding the surface shall be maintained such that
said reflectors are visible at all times.
5. Sod is not permitted to be placed over the drivable base.
6. If the surface proposed is to be used as the aerial apparatus access road for the facility,
concrete curbing or other approved edging, shall be installed along both sides of the portion
to be used as such for enhanced lateral stability. A registered design professional shall design
said curbing. Sealed drawings of the design shall be provided to the Fire Department and
Development Services for review.
7. If sand or other free - flowing fill is used as a main structural component for the surface,
concrete curbing or other approved edging shall be installed along both sides of the surface
for material containment. A registered design professional shall design such curbing. Sealed
drawings of the design shall be provided to the Fire Department and Development Services
for review.
A signed letter from the manufacturer shall be provided to the Fire Marshal certifying that
the installation meets all requirements in the manufacturer's installations prior to issuance of
the Certificate of OccupanM.
8. The surface shall be maintained in proper working order at all times when utilized as a
required fire lane. Should the surface become damaged or fall into disrepair, the Fire Marshal
or his designee shall be authorized to require the repair and re- certification of said surface.
Section 503.2.4 Turning radius is amended by adding a second paragraph to read as follows:
503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be
determined by the fire code official.
The turning radii of a fire apparatus access roadway shall require a minimum of 50 feet outside
radius and a minimum of 25 feet clear distance to the inside radius on all turns in excess of 30
degrees.
Section 503.2.5 Dead Ends is amended to read as,follows:
503.2.5 Dead Ends. Dead -end fire apparatus access roads in excess of 150 feet in length shall be
provided with approved provisions for the turning around of fire apparatus. Turn arounds
approved by the Fire Marshal or as permitted by ppendix D are acceptable.
Exception: Where the building is equipped throughout with an approved sprinkler system in
accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, the maximum length of dead -end fire
aqpparatus access roads shall be increased to 200 feet. This increase shall not be applicable to
Groups H and I Occupancies, buildings with occupancies having High -Piled Combustible Storage
and high -rise buildings.
Section 503.2.7 Grade is amended to read as follows:
503.2.7 Grade. The gradient for a fire apparatus access road shall not exceed 12 %.
Section 503.3 Markings is repealed and replaced with a new Section 503.3 Markings as
follows:
503.3 Markings. Such provision is hereby amended to read as follows:
Striping, signs or other markings, when approved by the fire code official, shall be provided
for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Striping,
signs, and other markings shall be maintained in a clean and legible condition at all times and
shall be replaced or repaired necessary to provide adequate visibility.
503.3.1 Striping — Fire apparatus access roads shall be continuously marked by painted
lined of red traffic paint six inches (6 ") in width to show the boundaries of the lane. The words
"NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" shall appear in four inch (4 ")
white letters at twenty five feet (25') intervals on the red border markings along both sides of the
fire lanes. Where a curb is available, the striping shall be on the vertical and horizontal of the
curb.
503.3.2. Signs- Signs, when approved by the fire code official, shall read "NO PARKING
FIRE LANE" or "FIRE LANE NO PARKING" and shall be twelve inches (1.2 ") wide and
eighteen inches (18 ") high. Signs shall be on a white background with letters and borders in red,
using not less than two inch (2 ") tall lettering. Signs shall be permanently affixed to a stationary
post and the bottom of the sign shall be six feet, six inches (6' 6 ") above finished grade. Signs
shall be spaced not more than fifty feet (50') apart along both sides. Signs may be installed on
permanent buildings or walls or as approved by the Fire Chief.
Section 503.6 Security gates is hereby amended by adding the following language and adding a
new Section 503.6.1 Direction of Swing to read as follows:
503.6 Security gates. The installation of security gates across a fire apparatus access road shall .
be approved by the fire chief. Where security gates are installed, they shall have an approved
means of emergency operation to include a fire department specific key switch, lock, or box.
Upon loss of power to electric gate operators, a secondary power source or clearly marked and
identified manual release shall be provided. The security gates and the emergency operation shall
be maintained operational at all times. Electric gate operators, where provided, shall be listed in
accordance with UL 325. Gates intended for automatic operation shall be designed, constructed
and installed to comply with the requirements of ASTM F 2200.
503.6.1 Direction of Swing. Security gates installed across a Fire Apparatus Access Road shall
swing in the direction of travel towards the building or open horizontally to avoid backing W of
Fire Apparatus and to allow for an expedited response.
SECTION 503 FIRE APPARATUS ACCESS ROADS is amended by adding Sections 503.7
Fire Marshal Authority to Designate Fire Lanes, 503.8 Summons to be Issued for Parking Violation,
503.9 Removal of Vehicle by Property Owner, 503.10 Removal of ' Vehicle by Fire Chief, and 503.11
Abandonment of Fire Lane to read as follows:
503.7 Fire Marshal Authority to Designate Fire Lanes. The Fire Marshal is hereby authorized
to designate fire lanes on designated premises where such areas must be free of parked vehicles
and other obstructions to provide ready access to buildings therein, in case of fire or other
emergencies. The Fire Marshal's designation of such fire lanes does not obviate the owner of such
property of their responsibility to maintain the area. Further, owners of the private property or
their designated representative may request that additional fire lanes be designated by the Fire
Marshal.
503.8 Summons to be Issued for Parking Violation. A summons or notice to appear in answer
to a charge of parking in violation of this section specifying the location of the fire lane in which
such violation occurred and the date and time of such violation, may be issued by an. police
officer or any inspector in the Fire Prevention Bureau of the Fire Department.
503.9 Removal of Vehicle by Property Owner. Except an authorized emergency vehicle, the
owner of private property, or their agent, may have any motor vehicle that is parked in a legally
designated fire lane removed and stored at either their own expense or that of the vehicle
o ep rator.
The owner of the premises, or their agent, who has a vehicle removed and stored, is not liable for
damages incurred as a result of removal or storage, if the vehicle is removed by a vehicle wrecker
service insured against liability for property damage incurred in towing vehicles and is stored by
a storage company insured against liabilijy for property damage incurred in the storage of
vehicles.
503.10 Removal of Vehicle by Fire Chief. Any vehicle parked in any designated fire lane may
be removed at the vehicle owners' expense upon the authorization of the Fire Chief under the
following conditions:
1. When the vehicle is in violation by parking in a fire lane, or
2. When a vehicle blocks the ingress/egress esslegress of a business, theater, night club, apartment
complex, gymnasium or a place of assembly, or
3. When a vehicle's presence threatens the life safety of the public by impeding the ability
of the fire apparatus and emergency medical equipment to respond to an emergency.
The Fire Chief shall cause such vehicle to be removed by the towing service operating under a
contract with the city and shall further cause such vehicle to be impounded in one of the Police
Department Vehicle Storage sections.
503.11 Abandonment of Fire Lane. No owner, manager or person in charge of any premises
served by a required fire lane shall abandon or close any such fire lane without the written
permission of the Fire Marshal.
Section 505.1 Address Numbers is amended to read as follows:
505.1 Address identification. New and existing buildings shall have approved address numbers,
building numbers or approved building identification placed in a position that is plainly legible and
visible from the street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a
minimum of six inches high with a minimum stroke width of 0.5 inch (12.7 mm). For buildings with
individual suites, the suite numbers shall be a minimum of four inches high with a minimum stroke
width of 0.5 inch (12.7 mm). Where required by the fire code official, address identification shall be
provided in additional approved locations to facilitate emergency response. Where access is by
means of a private road and the building cannot be viewed from the public way, a monument, pole or
other sign or means shall be used to identify the structure. Address numbers shall be maintained.
SECTION 505 PREMISES IDENTIFICATION is amended to add sections 505.3, 505.3.1 and
505.4 as follows:
505.3 Multi - Building Complexes. Office, industrial and apartment complexes shall be identified
by name and number on a display board at the main entry roadway,
505.3.1 Multi- Address Complexes. Office and industrial complexes with multiple
addresses contained within shall post all addresses so that they are visible from
505.5 Tenant identification. Each occupied tenant space provided with a secondary exit to the
exterior or exit corridor shall be provided with tenant identification by business name and
address. Letters and numbers shall be posted on the corridor side of the door, be plainly legible
and shall contrast with their background.
Exception: Tenant identification is not required for anchor stores.
SECTION 506 KEY BOXES, is amended to add Sections 506.2.1 Key Box Access and Removal
of Keys and 506.3 Key Box Location and Contents as follows:
506.2.1 Key Box Access and Removal of Keys. The Fire Department shall have the only key to
the key box. Removal of any key by other than the authorized Fire Department personnel shall be
a violation of this Code.
506.3 Key Box Location and Contents. Required key boxes shall be located as follows and as
approved by the Fire Marshal:
Between eight feet and 10 feet to the side of the main entrance level to the building
and near fire riser room, or as approved by the Fire Marshal.
The key box shall contain designated keys essential to emergency perations including, but not
limited to, the following:
Elevator keys cqpable of accessing all floors in the building
2. Stairway keys
Fire control station keys
4. Alarm System keys
Section 507.3 Fire flow, is amended to read as follows and Section 507.3.1 Fire Flow for Rural
Isolated Areas is added to read as follows:
507.3 Fire flow. Fire Flow requirements for buildings or portions of buildings and facilities shall
be as per Appendix B of the International Fire Code or other approved method as determined by
the Fire Marshal. When utilizing Table C105.1 to determine number and distribution of fire
hydrants, and the flow requirement falls between the values on the table, the flow requirement
shall be rounded up to meet the higher value.
Section 507.4 Water supply test is amended to read as follows:
507.4 Water supply test. Adequacy of the water supply shall be determined by an approved flow
test that is conducted on the fire hydrants nearest the project site unless otherwise approved by the
Code Official. The flow test shall be as follows:
The flow test shall have been conducted no more than 12 months prior to the date of
construction document submittal to the City of Schertz.
2. The flow test shall be conducted in accordance with the 2010 edition of NFPA 291,
Recommended Practice for Fire Flow Testing and Marking of Hydrants, and any other
applicable local, state, or national standards and/or requirements.
The flow test results shall be submitted with the construction documents.
4. If the water supply piping is not yet constructed, hydraulic calculations for the proposed
piping design shall be submitted. The calculations shall be based on the flow test conducted
on the fire hydrants nearest the project site and shall verify that the piping design provides
the minimum require fire flow at no less than 25 psi residual. Upon completion of
construction and prior to final certificate of occunancv. a flow test shall be conducted to
verify the results of the calculations.
Section 507.5.3 Private fire service mains and water tanks is amended by adding Section
507.5.3.1 Private fire service main as follows:
507.5.3.1 Private Fire Service Main. Private fire mains as used in this Code are the pipe and its
appurtenances on private property between Schertz, other public water system, or other sources of
water and the base elbow of private fire hydrants or the rise for automatic sprinkler or standpipe
systems. When connected to a public water system, the private fire main begins at a point
designated by the public water utility. When connected to a rg avity tank or pressure tank, the
private fire main begins at the inlet side of the tank check valve.
Section 507.5.5 Clear spaces around hydrants is amended to read as follows:
507.5.5 Clear space around hydrants. A 3 -foot (914 mm) clear space shall be maintained
around the circumference of fire hydrants, except as otherwise required or approved. The clear
space around hydrant and the access to the hydrant will be no more than eight percent slope.
Section 507.5 Fire Hydrant Systems is amended by adding Sections 507.5.7 Design Criteria for
Water Mains and 507.5.8 Fire Hydrant Installation Criteria as follows:
507.5.7 Design Criteria for Water Mains.
Where the fire service mains are used to supply required fire hydrants, the mains shall be
sized to flow the required fire flow as determined by Section 507.3.
2. Where the fire service mains are used to supply required fire hydrants plus fire sprinkler
and/or fire standpipe systems, the mains shall be sized to flow the larger of the fire hydrant
flow demand as determined by Section 507.3, the fire sprinkler demand as determined by
Section 903.3 or the fire standpipe demand as determined by Section 905.2.
3. The required number of fire hydrants for the fire flow determined by Section 507.3 shall be
specified in Appendix C, Table C 105.1.
4. When sizing the fire service main, the distribution of the fire flow among the required fire
hydrants (as determined by item no. 1 or 2 above) shall be as determined by the Fire
Marshal, but in most cases shall have no less than 1,000 gpm at the hydraulically remote fire
hydrant with the remaining fire flow equally distributed among the remaining required fire
hydrants.
Main Size:
5.1 Minimum diameter for public water mains shall be six inches in single - family
residential areas and eight inches in all other areas. Larger mains may be required to
accommodate fire flow requirements.
5.2 Private fire mains shall be hydraulically calculated.
Water pressure in private fire mains shall not be less than thirty-five per square inch
(35 psi) with no hydrants in use. When hydrants are in use supplyin the he required fire flow,
water pressure in the main at the fire hydrant discharge level shall be not less than 25 pounds
per square inch (25 psi) residual.
Except for specific requirements of this code, all hydrants and mains required for private
protection shall be designed, constructed, and operated in conformance with the local water
purveyor's criteria, specifications and regulations for public fire hydrants and mains on
public streets and NFPA 24.
Section 510.5.3 Acceptance test procedure is amended to read as follows:
510.5.3 Acceptance Test Procedures. When an emergency responder radio coverage system is
required, and upon completion of installation, the building owner shall have the radio system
tested to ensure that two -way coverage on each floor of the building is a minimum of 90 percent.
Testing will be accomplished by a licensed third party contractor. The test procedure shall be
conducted as follows:
1. Each floor of the building shall be divided into a grid of 20 approximately equal test areas.
2. The test shall be conducted using a calibrated portable radio of the latest brand and model used
by the agency talking through the agency's radio communications system.
3. Failure of a maximum of two nonadjacent test areas shall not result in failure of the test.
4. In the event that three of the test areas fail the test, in order to be more statistically accurate,
the floor shall be permitted to be divided into 40 equal test areas. Failure of a maximum of four
nonadjacent test areas shall not result in failure of the test. If the system fails the 40 -area test, the
system shall be altered to meet the 90 percent coverage requirement.
5. A test location approximately in the center of each test area shall be selected for the test, with
the radio enabled to verify two -way communications to and from the outside of the building
through the public agency's radio communications system. Once the test location has been
selected, that location shall represent the entire test area. Failure in the selected test location shall
be considered failure of that test area. Additional test locations shall not be permitted.
6. The gain values of all amplifiers shall be measured and the test measurement results shall be
kept on file with the building owner so that the measurements can be verified during annual tests.
In the event that the measurement results become lost, the building owner shall be required to
rerun the acceptance test to reestablish the gain values.
7. As part of the installation a spectrum analyzer or other suitable test equipment shall be utilized
to ensure spurious oscillations are not being generated by the signal booster. This test shall be
conducted at time of installation and subsequent annual inspections.
Section 510 Emergency Responder Radio Coverage is amended to add sections 510.7 Five Year
Test and 510.8 Qualifications of texting personnel as follows:
510.7 Five Year Test. In addition to the annual test, the building owner shall perform a radio
coverage test a minimum of once ever five to ensure that the radio system continues to
meet the requirements of the original acceptance. The procedure set forth above shall apply to
such tests.
510.8 Qualifications of testing personnel. All tests shall be conducted, documented, and signed
by person in possession of a current FCC general radiotelephone operator license. All test
records shall be retained at the inspected premise by the building owner and a copy submitted to
the Schertz Fire Rescue within 30 days of when the test has been conducted. In the event the test
shall fail to comply with the minimum requirements of the City, appropriate repairs shall be made
and additional tests conducted until tests meet the minimum requirements of the City. Proof of
current license shall be submitted along with third part.. tag.
Section 901.6 Inspection, testing and maintenance is amended by adding Section 901.63
Maintenance Agreement as follows:
901.6.3 Maintenance Agreement. A maintenance agreement, as defined by Section 202, with a
licensed fire protection company shall be provided to the Fire Marshal for each fire protection
system at all times. Proof of a maintenance agreement shall be provided during any ystem
acceptance test. Agreements for testing and inspection only as defined by Section 202 shall not be
credited with having met this requirement.
A fire watch will be performed at all times that a system is taken out of service. Except for
emergencies, the fire code official shall be given 72 hours notice before a system is voluntarily
taken out of service. When, at the discretion of the Fire Chief or his designee, there is a life safety
issue, uniformed employees of the Schertz Fire Department or other fire watch personnel as
approved by the Fire Chief or his designee shall perform a fire watch. Fire watch personnel shall
be provided with at least one approved means for notification to the fire department dispatch and
their sole duty shall be to perform constant patrols and watch for safety hazards and occurrences
of fire. The cost of the fire watch shall be at the current overtime rate for fire inspections and shall
be the sole responsibility of the owner /contractor to pay. The fire watch fee shall be paid to the
City of Schertz within 30 days before final approval is granted on system work.
Section 903.1 General is amended by adding Section 903.1.3 High Volume Low Speed Fans in
new and existing buildings as follows:
903.1.2 High Volume Low Speed Fans in new and existing buildings. The use of High
Volume Low Speed (HVLS) or High Volume Low VelociLy HVLV) fans in fire sprinklered
areas of new and existing buildings shall only be permitted as follows:
1. HVLS fans are permitted in rack storage and palletized storage arrangements up to
twenty (20) feet in height in buildings with thirty(30) feet or less ceiling clearance, when
Early Suppression Fast Response (ESFR )sprinklers are used to protect the storage array_
2. HVLS fans are permitted in light - hazard and ordinary- hazard occupancies as defined in
NFPA 13, Standard for the Installation of Sprinkler Systems.
3. HVLS fans are not permitted in in sprinklered areas with palletized storage greater than
twelve (12) feet in height protected by control mode sprinklers.
4. IN all cases, HVLS fans are required to be designed and installed to shut down
automatically fire alarm signal. This includes automatic shut down upon sprinkler
system waterflow alarm or any manual or automatic fire alarm detection device provided
in the space.
5. In all cases, the clearance between the HVLS fans and the ceiling sprinklers and the top
of storage shall be in compliance with the obstruction and clearance rules of NFPA 1.3.
Exception: When a technical opinion and report is provided in accordance with Section 104.7.2,
the Fire Marshal or his designee shall analyze the opinion and report and may approved the use of
HVLS or HVLV fans in additional areas when it is determined that the effectiveness of the fire
sprinkler system is not compromised.
Section 903.2 Where Required is amended to read as follows:
1. An automatic sprinkler system shall be installed throughout all levels of any new Group A
(Assembly), B (Business), E (Educational), F (Factory), H (Hazardous), I (Institutional), M
(Mercantile), and S (Storage) occupancies of more than 1.0,000 square feet or where more
than two stories in height or where the combined floor area on all floors, including
mezzanines exceeds 10,000 square feet, and throughout all R -3 (Residential) occupancies of
more than 5,000 square feet or more than two stories in height. The calculated area shall
include all occupied space and exclude garage if separated from the resident and its attic
space, by one -hour firewall (according to International Building Code -2012 ED. - Table
719.1 (2)) and also exclude any detached building.
2. Such systems shall be in compliance with International Building and Fire Codes and installed
in accordance with the most current edition of NFPA 13 NFPA 13D or NFPA 13R as
applicable. If this ordinance is in conflict with the above listed codes then the more restrictive
shall prevail.
3. The requirements of this section shall apply to existing buildings as follows:
A. Existing buildings Except Group R -3 exceeding 10,000 square feet Existing
buildings, other than Group R -3, with useable floor space exceeding 10,000
square feet, are exempt from automatic sprinkler requirements until such time as:
B. Any addition, renovation, remodeling, or other action results in any increase in
useable floor space; or
C. Any renovation or remodeling project involves 25% or more of the building; or
D. Any change in Occupancy GroLip.
E. Existing buildings (Except Group R -3) 10,000 square feet or less. Existing
buildings, other than Group R -3, with useable floor space of 10,000 square feet
or less, are exempt from automatic sprinkler system requirements until such time
as.
F. The building is modified to increase useable floor space to more than 10,000
square feet; or
G. The occupancy group changes to Group R -3 and useable floor space exceeds
5,000 square feet.
H. Existing Group R -3 buildings exceeding 5,000 square feet. Existing Group R -3
buildings with useable floor space exceeding 5,000 square feet are exempt from
automatic sprinkler requirements until such time as:
I. Any addition, renovation, remodeling, or other action results in any increase in
useable floor space; or
J. Any renovation or remodeling project involves 25% or more of the building; or
K. The occupancy group changes to other than Group R and useable floor space
exceeds 10,000 square feet.
L. Existing Group R -3 buildings 5,000 square feet or less. Existing Group R -3
buildings with useable floor space of 5,000 square feet or less, are exempt from
automatic sprinkler system requirements until such time as the building is
modified to increase useable floor space to more than 5,000 square feet.
Section 903.2.1 Group A is hereby amended by adding the following exception:
Exception: A one -story detached open pavilion consisting of only a roof and supporting
columns that meets all of the following criteria shall not require fire sprinklers.
1. The detached open pavilion is a Group A2, Group A3, or Group A4 Occupancy.
2. The detached open pavilion shall be less than 10,000 ft2 in area.
3. The detached open pavilion shall be separated from adjacent structures by minimum of
30 feet.
4. The detached open pavilion is open on at least three sides and open a minimum of 50%
of the perimeter of the area covered. In order to be considered "open" for the purpose
of this exception, an open side shall be at least 50% open with the open area uniformly
distributed to prevent the accumulation of smoke and toxic . gases.
5. The detached open pavilion shall have a minimum of 300% of the total number of
required exits and a minimum of 300% of total exit minimum width or required
capacity based upon the occupant load of the pavilion.
Section 903.2.1.3 Group A -3 is hereby amended by adding a condition to read as follows:
903.2.1.3 Group A -3. An automatic sprinkler system shall be provided for fire areas containing
Group A -3 occupancies and intervening floors of the building where one of the following
conditions exists:
The fire area exceeds 10,000 square feet (1115 m').
The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge serving such
occupancies.
4. Any Grop A -3 occupancy that serves alcohol shall comply with the fire sprinkler
requirements for Group A -2 Occupancies in section 903.2.1.2.
Section 903.3.7 Fire Department Connections is amended to read as follows:
The location of fire department connections shall be in accordance with Section 912.2, as
amended.
SECTION 903 AUTOMATIC SPRINKLER SYSTEMS is amended by adding a new exception
to Section 903.4 Sprinkler system supervision and alarms and a new Section 903.7 Separation from
Non -Sprin klered Areas as follows:
Exception: Valves located outside buildings or in a vault that are sealed or locked in the open
position.
903.7 Separation from Non- Sprinklered Areas. Unless otherwise exempted by the 2012
International Building Code IBC) or 2012 International Fire Code (IFC) or required to be of a
higher fire resistive construction by the IBC or IFC, a minimum of one hour fire barrier
constructed in accordance with the 2012 International Building Code shall be between
Section 905.3.9 Buildink Area is amended to read as follows:
In buildings exceeding ten thousand (10,000) square feet in area per story, Class I
automatic wet or wet standpipes shall be provided where any portion of the building's interior
area is more than two hundred feet (200') of travel, vertically and horizontally, from the nearest
point of fire department vehicle access.
Exception: Automatic dry and semi- automatic dry_ standpipes are allowed as provided for in
NFPA 1.4.
follows:
Section 906.2 General requirements is amended by adding Section 906.2.2 Travel distance as
906.2.2 Travel distance. Travel distance is calculated from a point in the occupancy to the
location of fire extinguisher located on the same floor level in accordance with the maximum
distances listed in Table 906.3(1) or Table 906.3(2).
Travel distance is calculated per floor when determining travel distance to a fire extinguisher in
multi -story buildings.
SECTION 906 PORTABLE FIRE EXTINGUISHERS is amended by adding Section 906.5.1
Conspicuous Locations in Group R occupancies as follows:
follows:
906.5.1 Conspicuous Locations in Group R occupancies. In addition to other areas listed
herein or in NFPA10, fire extinguishers in R occupancies may also be placed in any of the
following location to satisfy the requirements:
On a wall in the unit;
2. Inside a closet or pantry as long as the door has a label indicating that there is a fire
extinguisher inside;
3. Inside a mechanical closet as long as the door has a label indicating that there is a fire
extinguisher insider; or
4. Inside storage closets as long as the door has a label indicating that there is a fire
extinguisher insider and there is no locking device on the door that requires a key or
combination to open it.
Section 907.1 General is amended by adding Section 907.1.4 Testing of Fire Alarm Systems as
Section 907.1.4 Testing of Fire Alarm Systems. The following are re required at the time of fire
alarm acceptance testing unless approved by the Fire Marshal or his/her designee:
The written statement required by NFPA 72, section 4.5.1.2
2. A copy of the Record of Completion as required by NFPA 72, section 4.5.2.1
A copy of the Texas Department of Insurance Fire Alarm Installation Certificate
4. Approved plans bearing the original stamp and signature of the fire alarm plan reviewer
5. Original _ permit is on site.
6. Proof of current licensing of the technician performing the tests.
7. Written approvals from the AM if partial installation inspections are requested by
contractor or technician.
8. Site specific software for software based systems.
9. Written sequence of operation.
10. All testing equipment necessary to conduct the test (i.e. decibel meter, flashlight,
intelligibility meter, etc)
Section 907(IFC -2012) Fire alarm and detection Systems is amended by adding an exception to
Section 907.2.3 (IFC -2012) Group E, (Educational).
Exception: Group E occupancies housed in one room with an occupant load of less than 50.
Section 907.2.4.2 Automatic smoke detection system is hereby amended to read as follows:
907.2.8.2 Automatic smoke detection system. An automatic smoke detection system that
activates the occupant notification system in accordance with Section 907.5 shall be installed
throughout all interior corridors serving sleeping units. The automatic smoke detection system
requirement is met only the installation of smoke or beam detectors whenever possible. If
environmental conditions do not allow the installation of smoke detectors fire alarm heat
detectors may be used on a limited basis when approved by the fire code official.
Exception: An automatic smoke detection system is not required in buildings that do not have
interior corridors serving sleeping units and where each sleeping unit has a means of egress door
opening directly to an exit or to an exterior exit access that leads directly to an exit.
Section 907.2.9.1 Manual Fire Alarm System is hereby amended to repeal exception 2.
Section 907.2 Where required - new buildings and structures is amended by adding Section
90 7.2.24 High Occupant Load as follows:
907.2.24 Hi!h Occupant Load. In addition to the reauirements listed in other sections of this
Code, any occupancy having an occupant load of 1000 or more shall be provided with a manual
fire alarm system.
Exception: Open Parking Garages
Section 907.3.5 Fire Alarm Systems - Emergency Control is hereby added to read as follows:
907.3.5 Fire Alarm Systems - Emergency Control. At a minimum, the following functions,
where provided, shall be activated by the fire alarm system:
1. Elevator capture and control in accordance with ASME /ANSI A17.1b, Safety Code for
Elevators and Escalators.
2. Release of automatic door closures and hold open devices.
3. Stairwell and /or elevator shaft pressurization.
4. Smoke management and /or smoke control systems.
5. Initiation of automatic fire extinguishing equipment.
6. Emergency lighting control.
7. Unlocking of doors.
8. Emerizencv shutoff of aas and fuel supplies that may be hazardous provided the
continuation of service is not essential to the preservation of life.
9. Emergency shutoff of audio systems for sound reinforcement or entertainment (i.e.
music systems, systems for announcement and broadcast which are separate from
public address systems) provided that such systems are not used to issue emergency
inctnictiom
10. Emergency shutoff of systems used for the creation of displays or special effects (i.e.
lighting effects, laser light shows, projection equipment)
Section 907.4.2.1 Location is amended to add an exception:
907.4.2.1 Location. Manual fire alarm boxes shall be located not more than 5 feet (1524 mm)
from the entrance to each exit. Additional manual fire alarm boxes shall be located so that travel
distance to the nearest box does not exceed 200 feet (60 960 mm).
Exception: Where construction of the building_ prohibits the proper installation of a
manual fire alarm box (e.g glass walls, interior brick or rock walls) a manual fire alarm
box shall be allowed to be located in the normal path of egress, where approved by the
Fire Marshal or his /her designee.
_ l
Section 907.5.1 Presignal feature, is amended to read as follows:
907.5.1 Presignal features and positive alarm sequences. A Presignal feature or Positive Alarm
Sequence as defined in NFPA 72 shall not be installed unless approved by the fire code official
and the fire department. Request to use a Presignal feature or a Positive Alarm Sequence must be
submitted in writing to the Fire Marshal and approval granted before installation. Where a
Presignal feature or Positive Alarm Sequence is provided, a signal shall be annunciated at a
constantly attended location approved by the fire department, in order that occupant notification
can be activated in the event of fire or other emergency. When approved by the fire code official,
the Presignal feature or Positive Alarm Sequence shall be implemented in accordance with the
requirements of NFPA 72.
Section 907.5.2.1 Audible alarms is amended by adding Sections 907.5.2.1.3 Testing of Audible
Alarms in occupancies other than group R and 907.5.2.1.4 Testing of Audible Alarms in Group R
occupancies as follows:
907.5.2.1.3 Testing of Audible Alarms in occupancies other than group R. Audibility levels
for all occupancies other than Group R shall be in accordance with the public mode requirements
of NFPA 72, and shall be tested utilizing the following criteria:
A UL-4steR sound pressure level meter, which has been calibrated within the last
calendar year, and supplied by the fire alarm system installing contractor, shall be
utilized to obtain readings. The audiometer will be held five feet above floor, pointed in
the direction of the audible device.
2. All doors within the occupancy, including bathroom doors and balconies, shall be in the
closed position.
Levels shall be taken in the most remote areas of the occupancy first, including
bathrooms and balconies.
4. Initial readings to confirm the average ambient sound level in each area shall be taken.
The fire alarm system shall be activated and readings in the tested areas shall be retaken
and compared with the requirements.
907.5.2.1.4 Testing of Audible Alarms in Group R occupancies. Audibility levels for all Group
R occupancies shall be in accordance with the requirements of Section 907.5.2.1.1, and shall be
tested utilizing the following criteria:
A UL listed .,u4ipme* r sound pressure level meter, which has been calibrated within
the last calendar ,year, and supplied by the fire alarm system installing contractor, shall
be utilized to obtain readings. The audiometer will be held five feet above floor, pointed
in the direction of the audible device.
2. All doors within the occupancy, including the bathroom and balcony doors shall be in
the closed position.
Ambient sound level shall be established with the television set at 50 percent of
maximum volume, showers running, bathroom exhaust systems running, and air
conditioning_ units running,
4. Levels shall be taken in the most remote area of the dwelling or sleeping unit first,
including bathrooms and balconies.
5. Initial readings to confirm the ambient sound level in each area shall be taken.
6. The fire alarm system shall be activated and readings in the tested areas shall be retaken
and compared with the requirements.
Section 912.3.1 Locking Fire Department Connection Caps is amended to read as follows:
SECTION 912 FIRE DEPARTMENT CONNECTIONS is amended by adding Section 912.2
Fire Department Connections & Section 912.7 Fire Department Connections as follows:
Section 912.2 (IFC -2012) Fire Department Connections. "With respect to hydrants, driveways
buildings and landscape, fire department connections shall be so located that fire apparatus and
hose connections to supply the system will not obstruct access to the building for other fire
aqpparatus. Fire department connections shall be located not more than 120 feet and no closer than
30 feet from the nearest fire hydrant connected to an approved water supply and shall be
aqpproved by the fire marshal."
912.7 Fire Department Connections. Sprinkler system and standpipe fire department hose
connections shall be as follows:
Within forty (40) feet of a public street, approved fire lane, or access roadway;
2. Within 120 feet of an approved fire hydrant measured per hose lay criteria in Section
507.5.1.2.
Minimum of two feet above finished grade and a maximum of four feet above finished
grade for standard inlets and minimum of 30 inches at lowest point above finished
grade and maximum of four feet above finished grade for the five inch "Stortz" inlet;
4. The Fire Code Official shall approve the location of freestanding fire department
connections. Freestanding; FDCs must be physically protected against impact per the
requirements of Section 312 or other approved means.
Where provided, the five inch "Stortz" inlet shall be installed at a 30 degree angle
pointing down;
6. Fire department connections for H occupancies will be freestanding remote and located
as determined by the Fire Code Official; and
SECTION 1003 GENERAL MEANS OF EGRESS is amended by adding Section [B].1003.8
Special Provisions as follows:
(811003.8 Special Provisions. Rooms in E occupancies used for kindergarten or daycare,
children five or under, classified as an E occupancy shall not be located above or below the first
story.
Exceptions:
Basements or stories having floor levels located within four feet, measured
vertically, from adjacent ground level at the level of exit discharge, provided
Section [BJ 1006.3 Emergency power for illumination is amended by adding Section 1006 3.2
Illumination in Group E as follows:
1006.3.2 Illumination in Group E. Group E occupancies shall have emergency lighting in
interior stairs, corridors, window -less areas with student occupancy, shops, and laboratories.
Section 1008.1.9.4 Bolt Locks is amended by removing exceptions 3, 4, and 5 to read as follows:
1008.1.9.4 Bolt Locks. Manually operated flush bolts or surface bolts are not permitted.
Exceptions:
1. On doors not required for egress in individual dwelling units or sleeping units.
2. Where a pair of doors serves a storage or equipment room, manually operated
edge or surface - mounted bolts are permitted on the inactive leaf.
Section 1103.2 Emergency responder radio coverage in existing buildings is amended to read
as follows:
1103.2 Emergency responder radio coverage in existing buildings. Existing buildings that do
not have approved radio coverage for emergency responders within the building based upon the
existing coverage levels of the public safety communication systems of the jurisdiction at the
exterior of the building, shall be equipped with such coverage according to one of the following:
Emergency responder radio coverage as required in section 510 of this code is installed
within a time frame established by the adopting authority_
2. An approved alternative method of emergency responder communication within the
building provided within a time frame established by the adopting authority.
Section 1103.8.2 Interconnection is amended by altering the two exceptions as follows:
1103.8.2 Interconnection. Where more than one smoke alarm is required to be installed within
an individual dwelling or sleeping unit, the smoke alarms shall be interconnected in such a
manner that the activation of one alarm will activate all of the alarms in the individual unit. The
alarm shall be clearly audible in all bedrooms over background noise levels with all intervening
doors closed.
Exceptions:
Interconnection is not required in buildings that are not undergoing alterations.
follows:
2. Smoke alarms in existing areas are not required to be interconnected where
alterations do not result in the removal of interior wall or ceiling finishes exposes the
structure.
Section 1103.8.3 Power source is amended by adding one new exception as follows:
1103.8.3 Power source. Single- station smoke alarms shall receive their primary power from the
building wiring provided that such wiring is served from a commercial source and shall be
equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with
battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a
signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch
other than as required for overcurrent protection.
Exception:
In all R -2 occupancies, smoke alarms are permitted to be solely battery operated if
added to comply with 1103.8.
SECTION 2301 GENERAL is amended by adding Section 2301.7 Portable Service Stations as
2301.7 Portable Service Stations.
No person shall own, operate or maintain a tank used for the storage of flammable
liquids maintained on skids or a similar type stand which is designed or intended to be
used for dispensing flammable liquids into the fuel tanks of motor vehicles owned by
the public.
2. The foregoing provisions of this article are intended to prohibit the use of so- called
portable service station or similar units constructed to dispense flammable liquids to the
motoring public and designed so that the unit can be easily picked up and moved.
Section 2303.2 Emergency disconnect switches is hereby amended as follows:
2303.2 Emergency disconnect switches. An approved, clearly identified and readily accessible
emergency disconnect switch shall be provided at an approved location to stop the transfer of fuel
to the fuel dispensers in the event of a fuel spill or other emergency. An emergency disconnect
switch for exterior fuel dispensers shall be located within 100 feet (30 480 mm) of, but not less
than 20 feet (6096 mm) from, the fuel dispensers. For interior fuel- dispensing operations, the
emergency disconnect switch shall be installed at an approved location. Such devices shall be
distinctly labeled as; EMERGENCY FUEL SHUTOFF. Signs shall be provided in approved
locations and be a minimum of 18 inches high and 24 inches wide.
Section 2303.2.1 Additional Emergency disconnect switches for attended self - service is hereby
added as follows:
2303.2.1 Additional emergency disconnect for attended self - service. Attended facilities shall
have an additional emergency disconnect switch located inside the building for attendance use at
a location approved by the fire code official.
Section 2306.2.1.1 Inventory Control for underground tanks is amended to read as.follows:
2306.2.1.1 Inventory Control for underground tanks.
Accurate daily (normal working days only) inventory records shall be maintained and
reconciled on all Class I, II or III -A liquid storage tanks for indication of possible leakage from
tanks or piping. The records shall be made available for inspection by the Fire Marshal, and
shall include, as a minimum, records showing by product: daily reconciliation between sales,
use, receipts, and inventory on hand. If there is more than one system consisting of a tank(s),
serving pump(s), or dispenser(s) for any product, the reconciliation shall be made separately for
each tank system.
1. Daily inventory shall be maintained for each tank system at each location by the operator.
The inventory records shall be kept for a minimum of the past 12 months at the premises.
2. Inventory shall be based on the actual daily measurement and recording of tank product and
water levels and the daily recording of actual sales, use and receipts. Daily measurements
shall be made by gauge, gauge stick or by readout from an automated gauging system. The
inventory records shall include a daily compilation of gain or loss. The mere recording of
pump meter reading and product delivery receipts shall not constitute adequate inventory
product delivery receipts shall not constitute adequate inventory
records.
3. The operator of the location shall be held responsible for notifying the owner or person(s) in
control of the facility to take action to correct any abnormal loss or gain not explainable by
spillage, temperature variations or both causes.
4. The Fire Marshal may require the operator of an underground tank storage system to test the
system for tightness, at the operator's expense, when accurate daily inventory records have
not been maintained as required or when in his judgment conditions indicate possible
leakage of product from the location of such tanks.
5. The Fire Marshal may require copies of Class I, lI and III -A liquid storage tank inventories,
deliveries or receipt of product sales and dip gauge stick readings or other control measures
in addition to copies of any tank tightness or line leakage test results from the station
operator, agent, or terminal management.
6. When a service station tank is found to be leaking, its contents shall be removed
immediately. If any investigations or tests indicate the source of such loss, the owner shall
take immediate action to correct the system failure and remove dangerous spillage from the
environment.
7. The Fire Marshal may order the closure of a Service Station by barricading if necessary and
the emptying of contents from storage tanks should the operator of a service station be
unwilling to cooperate with the Fire Department during the search for the source of such
leakage or should the Fire Marshal determine that a hazardous condition exists that merits
such action.
Section 23062.3 Above - ground tanks located outside, above grade is amended by adding
Sections 2306.2.3.1 Inspections, 2306.2.3.2 Required Access, and 2306.2.3.3 Fire Hydrant Access as
follows:
2306.2.3.1 Inspections. An inspection of the installation shall be conducted prior to loading the
tank with fuel.
2306.2.3.2 Required Access. Fire apparatus access roads shall be provided for every
aboveground storage tank. The aboveground storage tank shall not be more than 150 feet from
fire apparatus access roads as measured by an approved route.
2306.2.3.3 Fire Hydrant Access. A minimum of one fire hydrant shall be provided for every
aboveground storage tank. The aboveground storage tank shall not be located more than 500 feet
from a fire hydrant as measured by pproved route.
Section 3301.3 Address numbers, is added to read as follows:
3301.3 Address numbers. Buildings under construction shall place address numbers and /or
building numbers in a position that is plainly legible and visible from the street or road fronting
the property with minimum six inch numbers.
Section 3314.3 Furniture, Fixtures, and Equipment is hereby added as follows:
3314.3 Furniture, Fixtures, and Equipment. In buildings where an automatic sprinklersystem
is required, furniture, fixtures, and equipment shall not be stored in the building until the s,, s m
has been tested and annroved by the fire code official and monitorine of system is active.
Exception: As approved by the fire code official.
Chapter 52 COMBUSTIBLE FIBERS is hereby amended by adding section 5206 Construction
and Protection Requirements as follows:
5206 Construction and Protection Requirements.
1. Handling and storage of large quantities of waste paper, rags, or other combustible
materials shall not be allowed in a building of any type in excess of 1500 square feet
area unless the building is protected with an approved automatic sprinkler system.
2. Handling and storage building for waste paper, rags or other combustible materials shall
not exceed one story in height unless of Type I construction and fully protected with
approved automatic sprinkler system.
3. No loose waste paper, rags, trash or rubbish of any kind, or similar combustible
materials shall be allowed on the premises on the outside of any building.
4. Bales, waste paper, rags, and other combustibles in baled lots shall be stored in
buildings. Said buildings shall be required to have aisles when 25,000 cubic feet or
more of such materials are stored. Baled materials, if stored outside of buildings, shall
not be stored within 25 feet of any building. EXCEPTION: Baled materials may be
stored within 25 feet of a building's outside wall when a wall sprinkler curtain is
provided on the building.
Section 5003.4.1 Material Safety Data Sheet Submittal is added to read as follows:
5003.4.1 Material Safety Data Sheet Submittal. The Fire Marshal may require that information
on the nature of any and all potentially hazardous material be submitted to the Fire Department on
the Standard Material Safety Data Sheet provided by the U.S. Department of Labor Occupational
Safety and Health Administration.
Section 5601.1.3.1 Unlawful Possession of Fireworks, 5601.1.3.2 Instigating orAiding a Minor
to Violate the Ordinance Prohibiting Fireworks, and 5601.1.3.3 Summons to be issued for Violation of
Fireworks Ordinance are added to read as follows:
5601.1.3.1 Unlawful Possession of Fireworks. It shall be unlawful for any person to have, keep,
store, sell, offer for sale, give away, use, transport or manufacture fireworks or pyrotechnics of all
kinds in any quantity, within the corporate limits of the City.
It shall be unlawful for any person to store or manufacture fireworks or pyrotechnics of all kinds
in any quantity area extending 5000 feet beyond the City limits.
Packaged or unopened fireworks cannot be confiscated.
Exception: A state or federally licensed importer or distributor established within said 5000 foot
area prior to the enactment of this section and using area for storage or for distribution to
governmental agencies or federal or state licensees or permitees.
5601.1.3.3 Summons to be issued for Violation of Fireworks Ordinance. A summons or notice
to appear in answer to a charge of illegal possession or use of fireworks in violation of this
section specifying the location of such violation, the date and time of such violation, and the
name and address of the offender, may be issued by any Police Officer, Arson Investigator, Fire
Inspector or by any Firemen who has been assigned to citation duties by the Fire Chief.
Packaged or unopened fireworks cannot be confiscated.
Section 5601.2 Permit required is amended by adding new Section 5601.2.6 Prohibited
Explosives as follows:
5601.2.6 Prohibited Explosives. It shall be unlawful for anYperson to have, keep, store, sell,
offer for sale, give away, use, transport or manufacture any of the explosives listed in Section
5601.3 any quantity, within the corporate limits of the City, or to store, sell, use or offer for sale
such explosives within 5000 feet beyond the City limits unless authorized by the Fire Marshal.
Section 5704.2.12.2 Testing of underground tanks is amended to read as, follows:
5704.2.12.2 Testing of underground tanks. Before being ee Brea or piaeed in ..s, tanks and ......ng eenn et„t to
seeti.... 47014Z rrhe ....,tem ..t...tl not he .............t „ «tit it has been ,.,.«,-... e
Each tank shall be tested for tightness hydrostatically or pneumatically at not less than three
pounds per square inch or not more than five pounds per square inch for 60 minutes. Pneumatic
testing shall not be used on a tank containing flammable or combustible liquids or vapors.
Section 5704.2.12.2 Testing of underground tanks is amended by adding Sections 5704.2.12.2.1
Existing Tanks and Piping and 5704.2.12.2.2 Alternate Test Method as follows:
5704.2.12.2.1 Existing Tanks and Piping. Existing underground storage tanks and piping shall
be tested for leakage every five years at the owner's or operator's expense or when the Fire
Marshal has reasonable cause to believe a leak exists. A log or record shall be kept and the log
shall be made available for inspection by the Fire Marshal when requested. Notice of test shall be
provided in writing to the Fire Marshal by the owner or operator.
Appendix D FIRE APPARATUS ACCESS ROADS is hereby amended to read as follows:
D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall
comply with all the following criteria:
1. Where a single gate is provided, the gate width shall be not less than 20 feet (6096 mm).
Where a fire apparatus road consists of a divided roadway, the gate width shall be not
less than 14 feet.
Appendix D FIRE APPARATUS ACCESS ROADS is hereby amended by amending section
D106.3 Separate Access Roads to read as follows:
D106.3 Separate Access Roads. The requirement for two separate and approved fire apparatus
access roads are met with the following conditions:
A minimum of two separate entrances into the complex are made from the street or public
way
2. The distance between the two entrances are equal to not less than one half the length of the
maximum overall diagonal dimension of the property or area to be served, measured in a
straight line between accesses, as per 2012 IFC, section D104.3.
Exception: Where it is physically impossible to be one half the diagonal dimension apart,
the access road will be approved if the following conditions are met:
a. The two separate fire apparatus access road must be separated as far as physically and
practically possible.
b. The two separate entrances must be a minimum of 150 feet apart measured in a
straight line between accesses.
The two separate entrances are allowed to share a common path of travel on the complex
site so long as blockage in any one area of this path does not block access from both the
primary and secondary access simultaneously. The two separate entrances are allowed to
share a common path of travel on the complex site so long as blockage in any one area of
this path does not block access from both the primary and secondary access
simultaneously. Each of the two separate fire apparatus roads shall meet the requirements
of the 2012 IFC, section 503, Fire Apparatus Access Roads.
Article VI — LIFE SAFETY CODE is amended to read.
Section 30 -101 Life Safety Code Adopted.
NFPA 101, Life Safety Code, 2015 Edition, as amended, revised and corrected, including all
future editions, revisions, amendments and corrections, published by the National Fire Protection
Association (NFPA), one (1) copy of which is on file with the city secretary, is hereby adopted
and incorporated by reference as the Life Safety Code of the City of Schertz subject to and
including by reference such amendments as herein shall appear. NFPA 101, Life Safety Code,
2015 Edition, shall be used in conjunction with the International Fire Code, 2012 Edition.
Section 3. Any person, firm, corporation or agent who shall violate a provision of this chapter,
or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct,
alter, install, demolish, or move any structure, electrical, gas, mechanical or plumbing system in
violation of the detailed statement or drawings submitted and permitted thereunder, shall be
guilty of a misdemeanor. Such persons shall be considered guilty of a separate offense for each
and every day or portion thereof during which any violation of any of the provisions of this
chapter is committed or continued, and upon conviction of any such violation such person shall
be punished by a fine of not more than five hundred dollars ($500.00) for each offense unless
said violation is a violation of a regulation governing fire safety or public health and sanitation
then by a fine of not more than $2,000.00 for each offense. All such violations shall be
prosecuted in accordance with Section 1 -8 General penalty for violations of Code of Ordinances;
continuing violations of the Schertz Municipal Code of Ordinances.
Section 4. The recitals contained in the preamble hereof are hereby found to be true, and such
recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the
judgment and findings of the Council.
Section 5. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with
any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 6. That all rights and privileges of the City are expressly saved as to any and all
violations of the provision of any ordinances repealed by this ordinance which have accrued at
the time of the effective date of this Ordinances; and, as to such accrued violation and all
pending litigation, both civil and criminal, whether pending in court or not, under such
Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts..
Section 7. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 8. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 9. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
PASSED ON FIRST READING, the day of , 2015.
PASSED, APPROVED and ADOPTED ON SECOND READING, the day of
, 2015.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
APPROVED AS TO FORM
City Attorney
Agenda No. 5
CITY COUNCIL MEMORANDUM
City Council Meeting: August 4, 2015 .
Department: Finance
Subject: Resolution No. 15 -R -70 - Record Vote for
Preliminary Maximum Property Tax
Rate and set Public Hearings on the
Property Tax Rate and FY 2015 -16
Proposed Budget
In accordance with Chapter 26.05(d) of the State's Property Tax Code, a governing body must
take a Record Vote to place a proposal to adopt the rate on the agenda of a future meeting as an
action item if the preliminary tax rate exceeds the Effective Tax Rate. The proposal must specify
the desired rate.
After the Record Vote, the governing body must then schedule two (2) Public hearings at which
the proposed tax rate will be considered. A one - quarter page "Notice of 2015 Tax Year
Proposed Property Tax Rate for the City of Schertz" must be published in the local newspaper
and online in compliance with Senate Bill 1510. The notice will contain information based upon
a preliminary tax rate to be determined by the City Council and the dates of the public hearings,
if necessary. Further, another record vote will have to be taken on the proposed rate prior to final
adoption of the tax rate ordinance.
Staff is recommending a preliminary maximum property tax rate of $0.4911 per $100 valuation.
FISCAL IMPACT
The proposed maximum property tax rate maintains quality services to residents and businesses,
provides for public safety, adds best management processes for our growing community, and
replenishes the General Fund reserve. The current property tax rate is $0.4974 per $100
valuation. The proposed maximum tax rate will decrease to $0.4911 per $100 valuation. The
M &O portion of the property tax rate will decrease to $0.3159 per $100 valuation. The I &S
portion will decrease at $0.1752 per $100 valuation. The rollback rate is $0.4912 per $100
valuation.
Staff recommends the Council take a Record Vote on the preliminary maximum tax rate of
$0.4911 per $100 valuation and schedule two Public Hearings for August 18, 2015 and August
25, 2015 for the Preliminary Tax Rate and the Proposed FY 2015 -16 Budget. Final adoption vote
is scheduled for September 1, 2015.
RESOLUTION NO. 15 -R -70
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A PRELIMINARY MAXIMUM TAX
RATE FOR FISCAL YEAR 2015 -16 AND SETTING PUBLIC HEARING
DATES, AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City Council approve a preliminary maximum tax rate for Fiscal Year 2015 -16; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
establish a preliminary maximum tax rate.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section 1. The City Council hereby authorizes a preliminary maximum tax rate of
$.4911 per $100 valuation which is composed of the Maintenance & Operation Tax Rate of
$0.3159 and the Interest & Sinking Tax Rate of $0.1752.
Section 2. The City Council also sets Public Hearings for the 2015 Tax Rate and the
Proposed FY 2015 -16 Budget to be held August 18th and August 25th of 2015.
Section 3. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 4. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 5. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 6. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 7. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 8. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 4th day of August, 2015.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
City Secretary, Brenda Dennis
(CITY SEAL)
50506221.1 - 2 -
CITY COUNCIL MEMORANDUM
City Council Meeting: August 4, 2015
Department:
City Manager
Agenda No. 6
Subject: Resolution 15 -R -67 Approving the SSLGC Fiscal
Year 2015 -16 Annual Budget and other matters
in connection therewith. (SSLGC Resolution
#SSLGC R15 -06
BACKGROUND
A proposed annual budget for the period commencing October 1, 2015 and ending September
30, 2016 has been prepared by the Schertz /Seguin Local Government Corporation (SSLGC)
General Manager and Staff. It is the desire of SSLGC to have this budget for the FY2015 -16
approved by the City of Schertz City Council.
Goal
To approve the SSLGC FY2015 -16 Annual Budget.
Community Benefit
The City of Schertz is a member of the Schertz /Seguin Local Government Corporation. It is
through the SSLGC that the City provides water to it citizens and businesses. Approval of the
budget will ensure that the citizens and businesses of Schertz will continue to receive this vital
service.
Summary of Recommended Action
Staff recommends approval of the Resolution approving the SSLGC FY2015 -16 Annual Budget.
U
No Fiscal. Impact. This budget is based on SSLGC revenue.
RECOMMENDATION
Staff recommends approval.
ATTACHMENT
Resolution 15 -R -67
FY2015 -1.6 Annual Budget
Resolution # SSLGC R15 -06
RESOLUTION NO. 15 -R -67
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING THE SCHERTZ /SEGUIN LOCAL
GOVERNMENT CORPORATION FISCAL YEAR 201.5 -1.6 ANNUAL
BUDGET, AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City approve the Schertz /Seguin. Local Government Corporation Fiscal Year 2015 -1.6 Annual
Budget; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
approve the budget to ensure that the citizens and businesses of Schertz continue to receive
excellent and vital water service.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section 1. The City Council hereby authorizes the approval of the Schertz /Seguin
Local. Government Corporation Fiscal Year 201.5 -16 Annual Budget.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 4th day of August, 2015. .
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
Brenda Dennis, City Secretary
(CITY SEAL)
LOCAL i
STATE OF TEXAS
COUNTY GUADALUPE
0 i I
��Klj g
adopt WHEREAS, in accordance with the Schertz/Seguin Local Government Corporation Bylaws, it is necessary
budget for 2015-2016; and
WHEREAS, Seguin Director of Finance, and the Board of Directors has considered the proposed budget; and
the budget for the fiscal year 2015 -2016 for the Schertz/Seguin Local Government Corporation is
attached.
sm.'s rA,001CIII les Imern i • I M401 .114 us] k1#419 i
The budget for the fiscal year commencing October 1, 2015 and ending September 30, 2016 is hereby approved
and adopted.
T. "Jake" Ja s, S et"ry
Bob Pees, Assistant Secretary
MIM
President
SIGN ED ORIGINAL(S): t.
Schertz-Seguin Local Government Corporation
Budget
Debt Service $ 6,631,626
Ex ense Total 16M2,ti33
Revenue X17,1 ti3,366
SSLGC Budget Summary FY2015 -2016 Revised Prepared by Alan Cockerell
I
FY 2013 -2014
FY 2014 -2015
FY 2014 -2015
FY 2014 -2015
FY 2015 -2016
Actual --
Budget --
03/31115 -
Estimates -
Budget
063 - SSLGC OPERATING DEPT
55 - SSLGC
11 - Salaries
063 -5500- 110100
Regular Salaries
121,839.47
542,553.00
204,224.17
542,553.00
720,918.00
063 -5500- 112000
Overtime /On Call
3,846.83
36,000.00
17,657.92
36,000.00
50,000.00
11- Salaries Totals:
125,686.30
578,553.00
221,882.09
578,553.00
770,918.00
12 - Benefits
063 -5500- 121000
Payroll Taxes
8,860.83
40,731.00
16,090.27
40,731.00
54,191.00
063 -5500- 122000
Retirement
15,574.91
84,134.00
31,704.14
84,134.00
134,046.00
063 -5500- 123000
Health Insurance
21,911.75
86,169.00
31,755.92
86,169.00
113,859.00
063 -5500- 123100
Life Insurance
220.29
883.00
426.81
883.00
943.00
063 - 5500 - 124000
Workers' Compensation
3,477.48
10,558.00
2,135.20
10,558.00
16,500.00
12 - Benefits Totals:
50,045.26
222,475.00
82,112.34
222,475.00
319,539.00 "
32 - Professional Services
063 - 5500 - 320500
Professional Services
1,346:98
16,500.00
7,964.30
16,500.00
22,500.00
063 - 5500 - 321000
Annual Audit
13,775.00
13,775.00
0.00
13,775.00
15,000.00
063 -5500- 321200
Consultant Services
70,535.34
116,000.00
40,000.00
116,000.00
121,000.00
063 -5500- 321500
Attorney Fees
42,380.19
275,000.00
62,819.81
275,000.00
295,000.00
063 -5500- 321600
Landfill Opposition
9,392.25
100,000.00
57,594.04
100,000.00
200,000.00
32 - Professional Services Totals:
137,429.76
521,275.00
168,378.15
521,275.00
653,500.00
34 - Technical Services
063 -5500- 342100
Gonzales Underground Water Disrict
41,364.01
146,600.00
119,326.50
146,600.00
105,355.00
063 -5500- 342400
GCGCD Permit Fee
18,395.94
55,188.00
19,395.94
55,188.00
55,188.00
063 - 5500 - 342500
GCUWCD Mitigan Fund Pymt
0.00
62,285.00
0.00
62,285.00
76,908.00
063 -5500- 343000
Testing /Inspection Fees
8,204.00
28,200.00
8,529 „77
13,200.00
11,700.00
34 - Technical Services Totals:
67,963.95
292,273.00
147,252.21
277,273.00
249,151.00
41 - Utilities Services
063 - 5500 - 411000
Electric
592,852.60
3,400,000.00
911,268.67
3,400,000.00
2,018,922.00
063 - 5500 - 412000
Water
390.90
7,200.00
394.13
7,200.00
800.00
063 -5500- 413000
Sewer
338.10
1,200.00
344.45
1,200.00
800.00
063 -5500- 414000
Gas- Centerpoint
0.00
0.00
673.94
0.00
1,400.00
063 -5500- 415000
Telephone Service
187.83
1,000.00
190.76
1,000.00
400.00
063 -5500- 415100
Long Distance
160.98
1,000.00
182.50
360.00
400.00
063 -5500- 415200
Telephone - Mobile Phone
1,221.38
3,500.00
1,447.67
3,500.00
3,500.00
063 -5500- 415300
Internet Access
0.00
2,500.00
1,249.98
2,500.00
2,500.00
41- Utilities Services Totals:
595,151.79
3,416,400.00
915,752.10
3,415,760.00
2,028,722.00
43 - Repair and Maintenance
063 -5500- 431100
Office Maintenance- Equipment
0.00
10,000.00
0.00
10,000.00
5,000.00
063 -5500- 432100
V &EMaint. -Motor Vehicles
2,993.61
8,000.00
3,462.16
6,000;00
34,250.00
063 -5500- 432200
V &E Maint,- Machine & Tool
15,324.09
46,500.00
20,81167
46,500.00
50,000.00
063 -5500- 432400
V &E Maint.- Communications
8,269.85
48,600.00
10,497.96
18,600.00
25,000.00
063 -5500- 432500
V &E Maint. -Pumps & Motors
8,805.26
177,000.00
25,836.13
177,000.00
200,000.00
063 -5500- 433000
Buildings Maintenance
1,274.71
36,400.00
3,007.51
36,400.00
36,000.00
063 -5500- 434601
L &I Maint. -WATER System
16,639.09
100,000.00
32,351.04
100,000.00
150,000.00
063 -5500- 436000
Property Maintenance
514.61
15,000.00
769.00
15,000.00
15,000.00
43 - Repair and Maintenance Totals:
53,821.22
441,500.00
96,737.47
409,500.00
495,250.00
Rental
063 - 5500 - 441000
Equipment Rental
561.42
20,000.00
2,172.70
20,00000
20,000.00
063 - 5500 - 442500
Office Space Rental
7,305.78
0.00
0.00
0:00
0;00
063 - 5500 - 443500
Water Leases
1,310,823.67
2,500,000,00
946,123.84
2,500,000.00
3,000,000.00
Rental Totals:
1,318,690.87
2,520,000.00
948,296.54
2,520,000.00
3,020,000.00
2015-16 Budget - SSLGC
52 - Insurance
52 - Insurance Totals:
nu/ld/og/*"touam|uv
61 General Supplies
32,000.00
063-5500-61100
Office Supplies
063'5500-612000
Postage
063'5500-613000
onemunoSupp/xss
063-5500-613300
Chemicals
063'5500-613500
Laboratory Supplies
063'5500-614300
Safety Supplies
063'5500-616000
on/forms
063'5500-618000
Minor Tools and Equipment
61 General Supplies Totals:
62 - Energy and Fuel
063-5500-621000 Gasoline
063-5500-622000 Motor Oil
62 - Energy and Fuel Totals:
65-Miscellaneous
063-5500-65e800 Contingency
65 - Miscellaneous Totals:
For Fiscal: FY 2014-2015 Period Ending: 3/31/2015
FY 2013-2014 FY 2014-2015 FY 2014-2015 FY 2014-2015 FY 2015-2016
Actual Budget 03/31/15 Estimates Budget
20,000.00
32,000.00
32,000.00
32,000.00
46,000.00
20,000.00
32,000.00
32,000.00
32,000.00
46,000.00
3,057.88
10,000.00
1,861.34
10,000.00
4000.00
510.74
1,000o0
565.73
1,000,00
1,800.00
1'125z4
5,200.00
1,869.50
5,200o0
u\mm.ou
1e2,721s1
798,500.00
201'350s7
850,000.00
517,041.00
366.64
r.am/m
s'zzs.or
7.600.00
12,000.00
28e.45
2,000.00
817.56
2,000.00
2,000.00
z'rzr,sa
5,000.00
1'164.00
5,000.00
5,000.00
2,696.20
5,000.00
839.46
5,000.00
5,000.00
202,484.22
834,300.00
213,593.23
885,800.00
558,841.00
4.711y6
30,000.00
7'419.21
30'000.00
25,000.00
0.00
non
uuu
000
0.00
4,711.96
30,000.00
7,419.21
30,000.00
25,000.00
uuu
97,715.00
0.00
87,715.00
0,00
0.00
87,715.00
0.00
87,715.00
0.00
66'Education
063-5500-661000
Seminar Tuition
1,46 5.00
4,800o0
2J27n0
*,800o0
12,00 0.00
aus'sem'aaamm
Certification Fees
zzzoo
1,120.00
333.00
1,120.00
2.400.00
osa'ssuo'sos000
Travel and Lodging
z'saz.se
a'mouu
1'321.35
1,300.00
3,000.00
na»'ssmn'sossoo
Meals
395.37
z'soo.uo
828.77
1'500o0
z'soo.un
uxu'sson'sos000
Dues
aao»u
1'800o0
225�00
1,800.00
1'910o0
063'5500'e67000
Subscriptions
nuu
750.00
noo
rsuoo
su000
66 Education Totals:
^'
4,024.06
12,270.00
5,435.12
11,270.00
22,310.00
a/ Public Relations
063'5500-67100
Public Relations
1,546.08
10,000.00
5,259.18
6,500.00
8,000.00
67 Public Relations Totals:
1,546.08
10,000.00
5.259.18
6,50000
8,000.00
70 Capital Outlay
uca'ssou'roaoou
/mnr. Other Than Building
uuu
000
uoo
ouU
0.00
063'5500'706100
Mach. &sn"/v.office
1'363s8
10,000.00
z'zza.za
lo'&0000
14'000.00
063'5500'706200
Mach, msnu/n.xeuvvEquipment
0.00
zso'uonoo
zr'rorsz
150,000.00
150'000o0
oss-ssoo'rorzuo
Transportation-Vehicles
000
000
uuu
0.00
000
70 Capital Outlay Totals:
1,363.38
16000000
28,833.64
160,000.00
160,000u0
a2'/ntramvrnmnm.Transfers
063'5500-826100
xepairm Replacement Fund
400.000.00
mm'mmzm
400000.00
800,000.00
I,000000nu
oaa'sson'uzazoo
Future Development Fund
asoouuou
suuuuuuo
osonoouu
sououoou
83127700
82 mtramvrnmmu.rranmers Totals:
650'000.00
1,300'000.00
650'000.00
1'300'000.00
1.831.277.00
ym - Depremat/mn
063'5500'984500
ouv,ec/at/mn/ssLGc
000
98 oawrec/at/wnrota+s:
55 - SSLGC Totals:
3,232,918.85
10,458,761.00
3,522,951.28
10,458,121.00
10,188,508.00
Agenda No. 7
CITY COUNCIL MEMORANDUM
City Council Meeting: August 4, 2015
Department: City Manager
Subject: Resolution 15 -R -68 approving the SSLGC Fiscal Year
2015 -16 Water Rates and other matters in connection
therewith. (SSLGC Resolution #SSLGC R15 -07 -
BACKGROUND
Proposed water rates for the period commencing October 1, 2015 and ending September 30, 2016 have
been prepared by the Schertz /Seguin Local Government Corporation (SSLGC). It is the desire of
SSLGC to have these water rates for FY2015 -16 approved by the City of Schertz City Council.
Goal
To approve the SSLGC FY2015 -1.6 water rates.
Community Benefit
The City of Schertz is a member of the Schertz /Seguin Local Government Corporation. It is through.
the SSLGC that the City provides water to it citizens and businesses. Approval of the water rates will
ensure that the citizens and businesses of Schertz will continue to receive this vital service.
Summary of Recommended Action
Staff recommends approval of the Resolution approving the SSLGC FY2015 -16 water rates.
FISCAL IMPACT
1. O & M Rates did not change
2. Debt Service Increase due to the reduction in (SAWS) T -2 water purchase which will be offset
by the use of SSLGC Impact Fee Fund
RECOMMENDATION
Staff recommends approval.
ATTACHMENT
Resolution 15 -R -68
FY2015 -16 Water Rates
Resolution # SSLGC R15 -07
RESOLUTION NO. 15 -R -68
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING THE SCHERTZ /SEGUIN LOCAL
GOVERNMENT CORPORATION FISCAL YEAR 2015 -16 WATER
RATES, AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City approve the Schertz /Seguin Local Government Corporation Fiscal Year 2015 -16 Water
Rates; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
approve the rates to ensure that the citizens and businesses of Schertz continue to receive
excellent and vital water service.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section 1. The City Council hereby authorizes the approval of the Schertz /Seguin
Local Corporation Fiscal Year 2015 -16 Water Rates.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 4th day of August, 2015.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
Brenda Dennis, City Secretary
(CITY SEAL)
50506221.1 - 2 -
i • i' i °`
STATE OF
COUNTY OF D,
it is necessary to set water rates to be assessed for the provision of the water in order to cover
expenses; and
WHEREAS, the water rate schedule for the fiscal year 2015 -2016 for the Schertz/Seguin Local Government
Corporation is attached.
THEREFORE, NOW i M BY THE BOARD O' OF
LOCAL i VERNMENT CORPORATIO
11111 FIRM MINIM 11111111 1111 � 0
i • i Pees, Assistant Secretary
mom
�� r 1
T,President
SSLGC WATER RATES FOR FY2015-2016
REVISED
Effective October
2. Water Rate for i; Universal City
Operations and Maintenance
Water Leases
Transportation
Cities Distribution
Water Leases
Cities Distri ._
7n-
Rate per 1,000 gallons
Converse Annual Debt Service Payment
1of2
2J, 201,5
t
..1
.M1
,^ 1
REVISED
Effective October 11 2015
Effective Water Rate for Other Customers
& SAWS — T2 after Dec 31,2015
TOTAL DEBT SERVICE $6,531,525
*Note: The monthly amounts may vary in order to accommodate the due dates of the
debt service payment schedule.
2 of 2
23,, 01 5
CITY COUNCIL MEMORANDUM
City Council Meeting: August 4, 2015
Department:
Administration
� •' 1. 1 i
Subject: Resolution No. 15 -R -69 - Renewal of Management
Services Agreement with SSLGC (SSLGC
Resolution #SSLGC R15 -10)
The Schertz /Seguin Local Government Corporation (SSLGC) Management Services
Agreement with the City of Schertz will be expiring September 30, 2015. It is the desire
of SSLGC to renew this agreement for FY2015 -16. There have been no substantive
changes made to this agreement.
Goal
To extend the Management Services Agreement with SSLGC.
Community Benefit
To continue our partnership with SSLGC and provide the best quality water to our
citizens and businesses.
Summary of Recommended Action
Staff recommends Council approve the resolution authorizing the renewal of the
Management Services Agreement with the City of Schertz and SSLGC. This agreement
takes effective October 1, 2015 and continue through September 30, 2016.
FISCAL IMPACT
No fiscal impact
RECOMMENDATION
Staff recommends Council approve Resolution
ATTACHMENTS
Resolution No. 1.5 -R -69
Management Services Agreement (redlined copy SSLGC Board approved 7- 16 -20] 5)
Management Services Agreement — Final
Resolution # SSLGC R15 -10
RESOLUTION NO. 15 -R -69
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT FOR
MANAGEMENT SERVICES BETWEEN THE CITY OF SCHERTZ AND
THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION
WITH SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION,
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") and the Schertz /Seguin
Local Government ( "SSLGC ") have determined that the SSLGC requires management services
relating to managing the daily operations of the SSLGC; and
WHEREAS, City staff has determined that the City is qualified to provide such services
for the SSLGC; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with SSLGC pursuant to the Agreement for Management Services Between the City of
Schertz and the Schertz /Seguin Local Government Corporation attached hereto as Exhibit A (the
"Agreement ").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with SSLGC in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 4th day of August, 2015.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
Brenda Dennis, City Secretary
(CITY SEAL)
50677064.1
EXHIBIT A
AGREEMENT FOR MANAGEMENT SERVICES BETWEEN THE CITY OF
SCHERTZ AND THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION
50677064.1 A -1
Resolution # SSLGC R15 -10
SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION
STATE OF TEXAS
COUNTY OF GUADALUPE
A RESOLUTION AUTHORIZING A MANAGEMENT SERVICES
AGREEMENT BETWEEN THE SCHERTZ /SEGUIN LOCAL
GOVERNMENT CORPORATION AND THE CITY OF SCHERTZ
WHEREAS, the Schertz /Seguin Local Government Corporation desires to enter into a Management
Services Agreement with the City of Schertz; and
WHEREAS, the Agreement for Management Services between the City of Schertz and the
Schertz /Seguin Local Government Corporation attached hereto and incorporated herein for all
purposes represents the proposed Agreement between the parties.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION:
1. That the Schertz /Seguin Local Government Corporation hereby approves the
Management Services Agreement between the Schertz /Seguin Local Government
Corporation and the City of Schertz.
2. That the General Manager be authorized to execute the Management Services
Agreement between the Schertz /Seguin Local Government Corporation and the City
of Schertz.
PASSED AND APPROVED THIS 16& DAY OF JULY, 2015.
Attest:
Bob Pees, Assistant Secretary
1of1
1j-
�ILVIAI,," s-
Greenwald, President
SIGNED C)RI {TINAL IO >: I
AGREEMENT FOR MANAGEMENT SERVICES
BETWEEN THE CITY OF SCHERTZ AND
THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
THE STATE OF TEXAS
KNOWN ALL MEN BY THESE PRESENTS:
COUNTY OF GUADALUPE
THIS AGREEMENT, executed the 21-, %.,. ----- 3 da of TGUST;
... Y- -, 2015, by and between the City of Schertz, a municipal corporation, acting by and
through its City Manager, situated in Guadalupe County, Texas (hereinafter referred to as
"Schertz "), and the Schertz- LSeguin Local Government Corporation (hereinafter referred to as
"SSL,GC ") acting by and through its General Manager is as follows:
WITNESSETH:
I.
Schertz agrees to provide certain management, administrative, operational, customer
relations, and financial services to SSLGC according to the terms of this . Agreement. The General
Manager of SSLGC shall be an employee of Schertz but shall be assigned to SSLGC and shall be
charged with the responsibility of carrying out SSLGC's operations and programs as adopted by the
SSLGC Board. SSLGC agrees that the General Manager may be terminated as an employee only by
Schertz, but as long as this Agreement remains in effect, Schertz shall consult with SSLGC prior to
terminating the General Manager. Direct services Schertz shall perform for SSLGC pursuant to this
Agreement shall include, but not limited to the following:
1. Preparing all reports and keeping records required by the SSLGC Board;
2. Administering and monitoring all contracts authorized by the SSLGC Board;
3. Preparing the budget for the upcoming year for review and approval by the - -SSLGC
Board and City Councils of Schertz and the City of Seguin;
4. Monitoring the progress of and report to the SSLGC Board and SSLGC General
Manager concerning operations of SSLGC water systems;
5. Preparing all reports, records, etc. required by TCEQ, EPA and other applicable
agencies; and
6. (Subject to Article IX of this Agreement) providing risk management service in
accordance with the requirement of the SSLGC's bond resolutions, the water
supply agreement with Schertz and the City of Seguin, the terms of this
Agreement, and directives of the SSLGC Board.
Schertz's services under this agreement are subject to oversight and direction by the SSLGC; Board
and the SSLGC General Manager. Schertz will procure SSLGC Board approval for all contracts and
management decisions affecting SSLGC and governed by the terms of this Agreement. In
performing its duties under this Agreement, Schertz shall act for the benefit of SSLGC and not of
any individual in the SSLGC water project.
SSLGC shall reimburse Schertz the cost for the management services provided to SSLGC by
Schertz pursuant to this Agreement as described in the following paragraph. Such payments shall be
paid on a quarterly basis and payable by the 25`' day April, July, October and January.
To compensate Schertz for the costs it will incur to perform the services described in this
Agreement, SSLGC will reimburse Schertz the actual expenditures incurred, not to exceed the
SSLGC fiscal year 2014-252015 -2016 total budget. The SSLGC Board will establish the amount
of reimbursement to be paid to Schertz for services under this Agreement for each subsequent fiscal
year during SSLGC's budget process. Schertz will have the right at any time during a fiscal year to
seek additional reimbursement if Schertz reasonably determines that the budgeted amount is
inadequate to compensate Schertz for the costs it incurs on behalf of SSLGC in providing services
under this agreement. Projected cash shortages resulting from unplanned costs related SSLGC
operations and the services to be provided by Schertz under this Agreement will be brought to the
immediate attention of the SSLGC Board.
The SSLGC Board or SSLGC General Manager will have the right during normal business
hours upon three business days' prior written notice, to audit, examine, or reproduce any or all
books and records of Schertz related to the performance of its duties under this Agreement.
In the event of the termination of this Agreement, SSLGC will be responsible for paying
Schertz only the portion of the cost allocated to periods prior to the effective date of termination.
III.
It is the express purpose of this Agreement to have Schertz through the SSLGC General
Manager and related personnel implement, administer, and carry out the duties required for the
operator of the public water systems owned by SSLGC.
IV.
Schertz acknowledges that the SSLGC General Manager will be the direct supervisor of the
SSLGC Assistant General Manager* SSLGC Administrative Staff and
�gerSSLC�C Water System Superintendent. -The SSLGC Operations Personnel will be under
the direct supervisor of the perst me .mod t rl SSLGC Baer Water ry, S= st tem
Superintendentoperafiz,nrs. U def-h s-s er-v',i , He will coordinate operations in conjunction
with the other Seguin utility personnel, which will provide support, as needed. Similarly, the General
Manager and Assistant General Manager positions will be available to provide backup support to the
Schertz and Seguin, provided such assignments shall not adversely impact the operations of the
SSLGC water- Water wsternsSystcm.
The General Manager will ftntieipate— part cipate in the annual review process of all SSLGC
Operations Personnel be informed of and personnel actions and tarovide for the annual review of
2of4
SS1..t,i; /SC IE'$ T /"` MS A FY 2015 -2016 SIGNED ORIGI"N="tL(S)z 2
the SSLGC Assistant General Manager SSLGC Administrative Staff
V.
The SSLGC Administrative bBuilding at 108 W. Mountain Street, Seguin, Texas 78155, will
be known as the location of the SSLGC Administrative Office and SSLGC ffiMeeting site. The-C.-tey
of segu"fll
VI.
Subject to early termination as provided in Article VII below, this Agreement shall be in
effect for a period of one year commencing OCTOBER 1, 2014 -2015 and ending SEPTEMBER
30, 2925 -2016. unless otherwise renewed or extended at the discretion of both parties.
VII.
TERMINATION:
1. This .Agreement may be terminated by Schertz or SSLGC, in whole, or from time to time in
part, upon ninety (90) day written notice from the terminating party to the other party. The
effective date of termination shall be ninety (90) days after delivery of Notice of Termination
specifying to what extent performance or work under the Agreement shall be terminated.
ninety (90) days after receipt by the notified party.
2. After receipt of a Notice of Termination Schertz shall:
a. Stop work on the date as specified in the Notice of Termination to extent possible.
b. Place no further orders or subcontracts except as may be necessary for completion
of the work not terminated.
c. Terminate all order and subcontracts to the extent that they relate to the
performance of work terminated by the Notice of Termination in so far as possible.
d. SSLGC shall pay expenses incurred through the date of termination.
VIII.
It is expressly understood that Schertz and SSLGC each retain the right to pursue other
avenues for development and operation of public water systems, when it is determined to be in the
best interest of Schertz or SSLGC to do so, and this Agreement shall not limit either. Schertz's right
or SSLGC's right to pursue such interests.
IX.
It is the intent of the parties for SSLGC to acquire, after consultation with Schertz, insurance
and other risk management programs to protect SSLGC, its property, and its participants.
3 of 4
.,SL(;C /St;ttt. T -NIS F)'2414-2015-2016 `;It =°^;S:',1" ()RlGiTN. P.alt;l.2
ela
Seheru-
To the extent permitted by law and to the extent SSLGC is protected by insurance or other
risk management program, SSLGC, shall defend, indemnify and hold harmless Schertz from and
against claims, demands, actions, judgments, and liabilities asserted by any person other than SSLGC
arising out of the performance by Schertz of its services on behalf of, and as agent of, SSLGC under
this Agreement, except such claims, demands, actions, judgments, and liability arising out of the
willful misconduct or gross negligence of Schertz.
X.
This Agreement shall take effect on the 1" day of OCTOBER, 20142015.
IN WITNESS WHEREOF, the parties have executed this Contract in the year and on the day
indicated.
SCHERTZ /SEGUIN LOCAL
GOVERNMENT CORPORATION
P.O. Box 833
Seguin, Texas 78156
R. Alan Cockerell, General Manager
Date
CITY OF SCHERTZ, TEXAS
1400 Schertz Parkway
Schertz, Texas 78154
John Kessel, City Manager
Date
4of4
SSl.ta(;/ 0141, tIRTZ N'I,', § t a ?015 -2016 `,ttxNED ORIGITN "tL(S)z
AGREEMENT FOR MANAGEMENT SERVICES
BETWEEN THE CITY OF SCHERTZ AND
THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION
THE STATE OF TEXAS
KNOWN ALL MEN BY THESE PRESENTS:
COUNTY OF GUADALUPE
THIS AGREEMENT, executed the day of , 2015, by and between the
City of Schertz, a municipal corporation, acting by and through its City Manager, situated in
Guadalupe County, Texas (hereinafter referred to as "Schertz "), and the Schertz /Seguin Local
Government Corporation (hereinafter referred to as "SSLGC ") acting by and through its General
Manager is as follows:
WITNESSETH:
I.
Schertz agrees to provide certain management, administrative, operational, customer
relations, and financial services to SSLGC according to the terms of this Agreement. The General
Manager of SSLGC shall be an employee of Schertz but shall be assigned to SSLGC and shall be
charged with the responsibility of carrying out SSLGC's operations and programs as adopted by the
SSLGC Board. SSLGC agrees that the General Manager may be terminated as an employee only by
Schertz, but as long as this Agreement remains in effect, Schertz shall consult with SSLGC prior to
terminating the General Manager. Direct services Schertz shall perform for SSLGC pursuant to this
Agreement shall include, but not limited to the following:
1. Preparing all reports and keeping records required by the SSLGC Board;
2. Administering and monitoring all contracts authorized by the SSLGC Board;
3. Preparing the budget for the upcoming year for review and approval by the SSLGC
Board and City Councils of Schertz and the City of Seguin;
4. Monitoring the progress of and report to the SSLGC Board and SSLGC General
Manager concerning operations of SSLGC water systems;
5. Preparing all reports, records, etc. required by TCEQ, EPA and other applicable
agencies; and
6. (Subject to Article IX of this Agreement) providing risk management service in
accordance with the requirement of the SSLGC's bond resolutions, the water
supply agreement with Schertz and the City of Seguin, the terms of this
Agreement, and directives of the SSLGC Board.
Schertz's services under this agreement are subject to oversight and direction by the SSLGC Board
and the SSLGC General Manager. Schertz will procure SSLGC Board approval for all contracts and
management decisions affecting SSLGC and governed by the terms of this Agreement. In
performing its duties under this Agreement, Schertz shall act for the benefit of SSLGC and not of
any individual in the SSLGC water project.
II.
SSLGC shall reimburse Schertz the cost for the management services provided to SSLGC by
Schertz pursuant to this Agreement as described in the following paragraph. Such payments shall be
paid on a quarterly basis and payable by the 25th day April, July, October and January.
To compensate Schertz for the costs it will incur to perform the services described in this
Agreement, SSLGC will reimburse Schertz the actual expenditures incurred, not to exceed the
SSLGC fiscal year 2015 -2016 total budget. The SSLGC Board will establish the amount of
reimbursement to be paid to Schertz for services under this Agreement for each subsequent fiscal
year during SSLGC's budget process. Schertz will have the right at any time during a fiscal year to
seek additional reimbursement if Schertz reasonably determines that the budgeted amount is
inadequate to compensate Schertz for the costs it incurs on behalf of SSLGC in providing services
under this agreement. Projected cash shortages resulting from unplanned costs related SSLGC
operations and the services to be provided by Schertz under this Agreement will be brought to the
immediate attention of the SSLGC Board.
The SSLGC Board or SSLGC General Manager will have the right during normal business
hours upon three business days' prior written notice, to audit, examine, or reproduce any or all
books and records of Schertz related to the performance of its duties under this Agreement.
In the event of the termination of this Agreement, SSLGC will be responsible for paying
Schertz only the portion of the cost allocated to periods prior to the effective date of termination.
It is the express purpose of this Agreement to have Schertz through the SSLGC General
Manager and related personnel implement, administer, and carry out the duties required for the
operator of the public water systems owned by SSLGC.
L U11
Schertz acknowledges that the SSLGC General Manager will be the direct supervisor of the
SSLGC Assistant General Manager, SSLGC Administrative Staff and SSLGC Water System
Superintendent. The SSLGC Operations Personnel will be under the direct supervisor of the
SSLGC Water System Superintendent. He will coordinate operations in conjunction with the other
Seguin utility personnel, which will provide support, as needed. Similarly, the General Manager and
Assistant General Manager positions will be available to provide backup support to Schertz and
Seguin, provided such assignments shall not adversely impact the operations of the SSLGC Water
System.
The General Manager will participate in the annual review process of all SSLGC Operations
Personnel, be informed of any personnel actions and provide for the annual review of the SSLGC
Assistant General Manager, SSLGC Administrative Staff
2of4
LGC /S : aL;RI' �S..FY20 "15 -2016 ,,7TGN.flaL O TGTNAL.d a 2
1IVA
The SSLGC Administrative Building at 108 W. Mountain Street, Seguin, Texas 78155, will
be known as the location of the SSLGC Administrative Office and SSLGC Meeting site.
VI.
Subject to early termination as provided in Article VII below, this Agreement shall be in
effect for a period of one year commencing OCTOBER 1, 2015 and ending SEPTEMBER 30,
2016, unless otherwise renewed or extended at the discretion of both parties.
VII.
TERMINATION:
1. This Agreement may be terminated by Schertz or SSLGC, in whole, or from time to time in
part, upon ninety (90) day written notice from the terminating party to the other party. The
effective date of termination shall be ninety (90) days after delivery of Notice of Termination
specifying to what extent performance or work under the Agreement shall be terminated
ninety (90) days after receipt by the notified party.
2. After receipt of a Notice of Termination Schertz shall:
a. Stop work on the date as specified in the Notice of Termination to extent possible.
b. Place no further orders or subcontracts except as may be necessary for completion
of the work not terminated.
c. Terminate all order and subcontracts to the extent that they relate to the
performance of work terminated by the Notice of Termination in so far as possible.
d. SSLGC shall pay expenses incurred through the date of termination.
WIII
It is expressly understood that Schertz and SSLGC each retain the right to pursue other
avenues for development and operation of public water systems, when it is determined to be in the
best interest of Schertz or SSLGC to do so, and this Agreement shall not limit either Schertz's right
or SSLGC's right to pursue such interests.
IX.
It is the intent of the parties for SSLGC to acquire, after consultation with Schertz, insurance
and other risk management programs to protect SSLGC, its property, and its participants.
To the extent permitted by law and to the extent SSLGC is protected by insurance or other
risk management program, SSLGC shall defend, indemnify and hold harmless Schertz from and
against claims, demands, actions, judgments, and liabilities asserted by any person other than SSLGC
3 of 4
. t,/SCHE t't" MSA FY2015-2016 SIGNED ORIGINAL(S): 2
arising out of the performance by Schertz of its services on behalf of, and as agent of, SSLGC under
this Agreement, except such claims, demands, actions, judgments, and liability arising out of the
willful misconduct or gross negligence of Schertz.
0
This Agreement shall take effect on the 1" day of OCTOBER, 2015.
IN WITNESS WHEREOF, the parties have executed this Contract in the year and on the day
indicated.
SCHERTZ /SEGUIN LOCAL
GOVERNMENT CORPORATION
P.O. Box 833
Seguin, Texas 78156
R. Alan Cockerell, General Manager
Date
CITY OF SCHERTZ, TEXAS
1400 Schertz Parkway
Schertz, Texas 78154
John Kessel, City Manager
Date
4of4
SS :.,6C /S T-JERT MSA FY2015_2016 SIGNED ORIGINAL(S): 2
Agenda No. 9
CITY COUNCIL MEMORANDUM
City Council Meeting: August 4, 2015
Department: Development Services
Ordinance No. 15 -S -24 — Conduct a Public
Hearing and consideration and /or action on
an amendment of Part III, Schertz Codes of
Ordinances, Unified Development Code
(UDC), Article 9 Sec. 21.9.5 Exterior
Construction and Design Standards. (First
Reading)
BACKGROUND
As stated in the UDC, City Council from time to time may make amendments, change or modify
text to any portion of the UDC to establish and maintain sound stable and desirable development.
It is generally considered good practice to periodically review and update the development
regulations due to changing conditions, community goals and State and Federal regulations.
UDC Sec. 21.9.5 Exterior Construction and Design Standards was identified as a section in need
of revision. In order to solicit stakeholder opinions and assist with the revision to UDC Sec.
21.9.5 Exterior Construction and Design Standards, Planning Staff created a focus group. The
Design Standards Focus Group was comprised of various architects, engineers, developers, and
City Boards including Board of Adjustment, Schertz Economic Development Board, and
Planning and Zoning Commission. Through brainstorming, guided discussions and a photo
survey, the focus group diagnosed problems with the current design standards, identified the
aspects which promote quality development, and developed the following goals for the new
design standards:
• Clear language- easy to understand and interpret; and
• Categorize standards by building type or by building use; and
• Encourage creativity and innovation with sustainable materials.
A public hearing and workshop discussion was held at the June 1.0, 2015 . Planning and Zoning
Commission Meeting where public input was received. The Planning and Zoning Commission
requested a change in Sec.21.9.5.17.2.13 in regards to the percentage of required materials in
multifamily developments from the original staff proposal of 60% to "100% of the front fagade
and a total of 80% of the entire building shall be finished in one or more of the following
materials: Brick, Stone, Faux Brick or Stone, Tile."
City Council Memorandum
Page 2
A second public hearing and workshop discussion was held at the June 22, 2015 Planning and
Zoning Commission Meeting. Based on Commissioner comments from the June 10th meeting,
Staff presented photographs related to the proposed changes and provided requested definitions.
A final public hearing was conducted at the July 8, 2015 Planning and Zoning Commission
Meeting, where the Commission by a unanimous vote, forwarded a recommendation of approval
to City Council.
This amendment was drafted by Planning Staff and reviewed by the City Attorney.
The public hearing notice was published in "The Daily Commercial Recorder" on July 15, 2015
and the "Herald" on July 22, 2015.
Goal
To amend the UDC to review and update the development regulations due to changing
conditions, community goals and State and Federal regulations as well as establish and maintain
sound stable and desirable development.
Community Benefit
It is the City's desire to promote safe, orderly, efficient development and ensure compliance with
the City's vision of future growth.
Summary of Recommended Action
Planning Staff drafted this amendment based on the recommendations and input from the Design
Standards Focus Group. The revised design standards have been organized based on the intended
use of the building. There are five building use categories; Industrial, Commercial, Office /Public,
Multi- Family, and Single - Family Residential. This allows for specific standards to be
appropriately applied to different building types.
There are three design elements that were identified as contributing most to aesthetical
appearance:
1. Building materials;
2. Glazing- amounts of windows and doors;
3. Articulations — vertical and horizontal breaks in the rhythm of a building.
These three elements are regulated under the current design standards as well. The proposed
amendment continues to regulate these elements, but also provides additional flexibility to
encourage innovation and promote quality development. The following is an overview
description of the proposed changes:
Materials:
The current design standards require all Multi - Family and Non - Residential buildings to have a
front fagade of 100% masonry material, and each of remaining facades must be comprised of a
minimum of 75% masonry materials. Masonry materials is defined as brick, stone, stucco,
City Council Memorandum
Page 3
cementations fiberboard, split face concrete masonry units, concrete with an aggregate finish and
faux stone or brick.
The proposed amendment provides flexible options for industrial, commercial, office /public and
multi - family building types by allowing accent materials to be used on the front fagade.
Additionally for industrial and multi - family buildings the amendment provides an alternative of a
100% masonry front facade and a cumulative percentage of the entire building as masonry
materials. The proposed amendment also specifies which masonry materials can be used on each
of the building types. This allows for creativity and innovation in material usage while
promoting quality development through the use of aesthetically appropriate materials for the
various building types.
Glazing:
The current design standards require the front fagade of commercial buildings to be comprised of
30% windows and doors that provide visibility into the building. Additionally the current design
standards requires the front fagade of industrial buildings in M -1 and M -2 zoning districts to be
comprised of 1.5% windows and doors that provide visibility into the building. The current
requirement does not provide any flexibility for distributing the required glazing around the
building.
The proposed amendment provides flexible glazing options for industrial, commercial and
office /public building types by allowing the applicant to choose a set percentage of the front
facade to be comprised of windows and doors or, to use a higher percentage of windows and
doors that will be spread around the building. Additionally the proposed amendment clearly
defines what side of the building is considered the front and provides additional requirements
and options for buildings which front on two or more streets.
Articulations:
The current design standards require vertical and horizontal articulations on all walls which are
longer than twice the walls height. The depth of the articulation is a percentage of the wall's
height. Additionally if a horizontal articulation is required, the length of the new plane created by
the articulation must be at least 25% of the walls length. The current requirement is very wordy
and lacks clarity in its language.
The proposed amendment provides clear language as to when articulations are needed and sets a
minimum articulation depth of two feet (2') instead of a variable percentage. Additionally the
proposed amendment provides articulation criteria specific to each building type (industrial,
commercial, office /public and multi - family) which allows for flexibility and aesthetics that cater
to the specific building type. The proposed amendment regulates the building facades which are
most visible to the public, allowing for synergy between the building form, function and
aesthetics.
Additional Changes:
Building Expansions— The amendment proposes to make building expansions which
cumulatively increase the gross floor area more than 25% of the original building area, comply
with the design standards. This will allow existing older buildings which would like to make a
small expansion be able to maintain the original building aesthetics.
City Council Memorandum
Page 4
Single Family Residential Materials- The proposed amendment removes split face CMU from
the list of approved masonry materials for a single- family residential dwelling.
FISCAL IMPACT
None
RECOMMENDATION
The Planning and Zoning Commission conducted the public hearing on July 8, 2015 and by a
unanimous vote, forwarded a recommendation of approval to City Council.
Staff recommends approval of Ordinance 15 -S -24 an amendment to the Unified Development
Code (UDC), Article 9, Section 21.9.5 Exterior Construction and Design Standards as presented.
Staff has proposed an effective date of October 1, 2015.
ATTACHMENT
Ordinance No. 15 -S -24
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED
DEVELOPMENT CODE (UDC) ARTICLE 9 SITE DESIGN STANDARDS,
SPECIFICALLY SECTION 21.9.5 EXTERIOR CONSTRUCTION AND DESIGN
STANDARDS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ")
adopted as Amended and Restated Unified Development Code on April 13, 2010, as
further amended (the "Current UDC "); and
WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain
revision and updates to, and reorganization of, the Current UDC;
WHEREAS, A focus group consisting of the Board of Adjustment, Economic
Development Board, Planning & Zoning Commission, and design professionals met on
March 13, 2014 and April 16, 2014 to discuss and provide input on the exterior
construction and design standards; and
WHEREAS, all required notices have provided; and
WHEREAS, on June 10, 2015 the Planning and Zoning Commission conducted a public hearing
to receive public comment; and
WHEREAS, on June 24, 2015 the Planning and Zoning Commission conducted a public
hearing to receive public comment; and
WHEREAS, on July 8, 2015 the Planning and Zoning Commission conducted a public hearing
and thereafter recommended approval; and
WHEREAS, on August 4, 2015 . the City Council conducted a public hearing and
determined that the proposed amendments are appropriate and in the interest of the public
safety, health and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
Section 1. The Current UDC is hereby amended by replacing the existing language found in
Section 21.9.5 (entitled "Exterior Construction and Design Standards ") with the language set
forth in Exhibit "A ", attached hereto and incorporated herein for all purposes.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such
recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the
judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with
any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the
State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective on October 1, 2015.
PASSED ON FIRST READING, the 4th day of August, 2015.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 11th day of August, 2015.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
Exhibit A
Unified Development Code
Article 9 Site Design Standards
Section 21.9.5 Exterior Construction and Design Standards
See Attached
Sec. 21.9.5 Exterior Construction and DesiLn Standards
A. Intent
It is the intent of these design criteria to provide guidelines for new
construction in order to provide an aesthetically pleasing appearance as well
as ensure sound construction quality.
B. Applicability
The provisions of this section are deemed to be minimum standards and shall
be applicable to the following:
1. All new buildings within the corporate limits of the City; and
2. Building expansions which cumulatively increase the gross floor area more than 25% of
the original building area.
C. Industrial Buildings
1. Applicability
This section shall apply to buildings with an industrial use.
2. Exterior Building Materials
Buildings must comply with one of the following:
a) At least 80% of each wall (excluding windows and doors) shall be finished in one or
more of the following materials:
• Brick
• Stone
• Faux brick or stone
• Concrete tiltwall
• Split face CMU
• Stucco
• Tile
NN
b) 100% of the front facade (fagade adjacent to or facing a public street) and a total of
75% of the entire building (excluding windows and doors) shall be finished in one or
more of the following materials:
• Brick
• Stone
• Faux brick or stone
• Concrete tiltwall
• Split face CMU
• Stucco
• Tile
3. Glazing
All buildings must comply with one of the following:
a) At least 15% of the front facade ( facade adjacent to or facing a public street) shall be
comprised of windows or glass doors. For buildings that are adjacent to or face two or
more public streets at least 15% of each facade adjacent to or facing a public street
shall be comprised of windows or glass doors. For buildings that are not adjacent to
or face a public street, but instead face or front a private drive, the facade that faces or
fronts on the private drive that provides for primary access shall be considered as
the front facade;
[$I
b) Windows and doors may be spread around the building, the minimum amount of
required windows or glass doors is calculated as 30% of the front facade ( facade
adjacent to or facing a public street). For buildings that are adjacent to or facing two
or more public streets the minimum amount of required windows or glass doors is
calculated as 20% of the total area of the facades adjacent to or facing public streets.
4. Articulation and architectural features
a) Horizontal articulations or offsets are required on any wall greater in length than 100
linear feet, which is adjacent to or facing a public street.
(1) The depth of the articulation or offset shall be a minimum of two feet (2').
Articulations or offsets can be of varying depth as long as the minimum two feet
(2') is met.
(2) The length of the new plane created by the articulation or offset shall be a
minimum of 20% of the total length of the entire wall.
b) Vertical articulations or elevation changes are required on all walls and should be
designed to screen rooftop equipment.
(1) The height of the articulation or elevation change shall be a minimum of two feet
(2'). Articulations or elevation changes can be of varying depth as long as the
minimum two feet (2') is met.
(2) The length of the new plane created by the articulation or elevation change shall
be a minimum of 20% of the total length of the entire wall.
5. Roof Treatments
Facade articulations shall provide for vertical and horizontal screening of air conditioning
units and all mechanical equipment located on rooftops. The minimum height of the
screening shall be equal to the height of the tallest rooftop equipment.
D. Commercial Buildings
1. Applicability
This section shall apply to buildings with a commercial use.
2. Exterior Building Materials
Buildings must comply with the following:
a) At least 80% of each wall (excluding windows and doors) shall be finished in one or
more of the following primary materials:
• Brick
• Stone
• Faux brick or stone
• Tile
• Stucco
• Concrete tiltwall°
• Split face CMU°.
b) Stucco may be used in conjunction with one of the other approved primary materials.
Stucco cannot be used for more than 50% of each facade.
c) Concrete tiltwall and split face CMU may be used in conjunction with one of the
other approved primary materials. Concrete tiltwall and split face CMU cannot be
used for more than 30% of each facade.
3. Glazing
All buildings must comply with one of the following:
a) At least 30% of the front facade ( facade adjacent to or facing a public street) shall be
comprised of windows or glass doors. For buildings that are adjacent to or face two or
more public streets at least 30% of each facade adjacent to or facing a public street
shall be comprised of windows or glass doors. For buildings that are not adjacent to
or face a public street, but instead face or front a private drive, the facade that faces or
fronts on the private drive that provides for primary access shall be considered as
the front facade;
[$I
b) Windows and doors may be spread around the building, the minimum amount of
required windows or glass doors is calculated as 60% of the front facade ( facade
adjacent to or facing a public street). For buildings that are adjacent to or facing two
or more public streets the minimum amount of required windows or glass doors is
calculated as 50% of the total area of the facades adjacent to or facing public streets.
4. Articulation and architectural features
a) Horizontal articulations or offsets are required on any wall greater in length than 30
linear feet, which is adjacent to or facing a public street, or adjacent to or facing a
side lot line of the property.
(1) The depth of the articulation or offset shall be a minimum of two feet (2').
Articulations or offsets can be of varying depth as long as the minimum two feet
(2') is met.
(2) The length of the new plane created by the articulation or offset shall be a
minimum of 20% of the total length of the entire wall.
b) Vertical articulations or elevation changes are required on all walls and should be
designed to screen rooftop equipment.
(1) The height of the articulation or elevation change shall be a minimum of two feet
(2'). Articulations or elevation changes can be of varying depth as long as the
minimum two feet (2') is met.
(2) The length of the new plane created by the articulation or elevation change shall
be a minimum of 20% of the total length of the entire wall.
5. Roof Treatments
Fagade articulations shall provide for vertical and horizontal screening of air conditioning
units and all mechanical equipment located on rooftops. The minimum height of the
screening shall be equal to the height of the tallest rooftop equipment.
E. Office /Public Buildings
1. Applicability
This section shall apply to buildings with a professional office or public
use.
2. Exterior Building Materials
Buildings must comply with the following:
a) At least 75% of each wall (excluding windows and doors) shall be finished in one or
more of the following materials:
• Brick
• Stone
• Faux brick or stone
• Tile
• Stucco
• Concrete tiltwallb
• Split face CMUb
b) Concrete tiltwall and split face CMU may be used in conjunction with one of the
other approved primary materials. Concrete tiltwall and split face CMU cannot be
used for more than 30% of each facade.
3. Glazing
All buildings must comply with one of the following:
a) At least 25% of the front facade ( facade adjacent to or facing a public street) shall be
comprised of windows or glass doors. For buildings that are adjacent to or face two or
more public streets at least 20% of each facade adjacent to or facing a public street
shall be comprised of windows or glass doors. For buildings that are not adjacent to
or face a public street, but instead face or front a private drive, the facade that faces or
fronts on the private drive that provides for primary access shall be considered as
the front facade;
3N
b) Windows and doors may be spread around the building, the minimum amount of
required windows or glass doors is calculated as 50% of the front fagade (fagade
adjacent to or facing a public street). For buildings that are adjacent to or facing two
or more public streets the minimum amount of required windows or glass doors is
calculated as 40% of the total area of the fagades adjacent to or facing public streets.
4. Articulation and architectural features
a) Horizontal articulations or offsets are required on any wall greater in length than 50
linear feet.
(1) The depth of the articulation or offset shall be a minimum of two feet (2').
Articulations or offsets can be of varying depth as long as the minimum two feet
(2') is met.
(2) The length of the new plane created by the articulation or offset shall be a
minimum of 20% of the total length of the entire wall.
b) Vertical articulations or elevation changes are required on all walls and should be
designed to screen rooftop equipment.
(1) The height of the articulation or elevation change shall be a minimum of two feet
(2'). Articulations or elevation changes can be of varying depth as long as the
minimum two feet (2') is met.
(2) The length of the new plane created by the articulation or elevation change shall
be a minimum of 20% of the total length of the entire wall.
5. Roof Treatments
Fagade articulations shall provide for vertical and horizontal screening of air conditioning
units and all mechanical equipment located on rooftops. The minimum height of the
screening shall be equal to the height of the tallest rooftop equipment.
F. Multi - Family Buildings
1. Applicability
This section shall apply to buildings with a Multifamily Use.
2. Exterior Building Materials
Buildings must comply with one of the following:
a) At least 80% of each wall (excluding windows and doors) shall be finished in one or
more of the following materials:
• Brick
• Stone
• Faux brick or stone
• Tile
in
b) 1.00% of the front fagade (fagade adjacent to or facing a public street) and a total of
80% of the entire building (excluding windows and doors) shall be finished in one or
more of the following materials:
• Brick
• Stone
• Faux brick or stone
• Tile
3. Articulation and architectural features
a) Horizontal articulations or offsets are required on any wall greater in length than 10
linear feet.
(1) The depth of the articulation or offset shall be a minimum of two feet (2').
Articulations or offsets can be of varying depth as long as the minimum two feet
(2') is met.
(2) The length of the new plane created by the articulation or offset shall be a
minimum of 20% of the total length of the entire wall.
b) Vertical articulations or elevation changes are required on all walls and should be
designed to screen rooftop equipment.
(1) The height of the articulation or elevation change shall be a minimum of two feet
(2'). Articulations or elevation changes can be of varying depth as long as the
minimum two feet (2') is met.
(2) The length of the new plane created by the articulation or elevation change shall
be a minimum of 20% of the total length of the entire wall.
4. Roof Treatments
Facade articulations shall provide for vertical and horizontal screening of air
conditioning units and all mechanical equipment located on rooftops. The minimum
height of the screening shall be equal to the height of the tallest rooftop equipment.
G. Single- Family Residential
1. Exterior Building Materials
Buildings must comply with the following:
a) At least 80% of the entire building fagade (excluding windows and doors) shall be
finished in one or more of the following materials:
• Brick
• Stone
• Faux brick or stone
• Tile
• Concrete tiltwall
• Stucco
• Fiber cement siding