ccreg 11-16-1982
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REGULAR SESSION OF THE CITY COUNCIL
NOVEMBER 16, 1982
The Schertz City Council convened in Regular Session on Tuesday, November 16,
1982, at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the follow-
ing members present: Earl W. Sawyer, Mayor, presiding; Charles B. Sharpe;
Harold D. Baldwin; Jeff Duffield; Adolph Aguilar and Jacqueline Lawler. Staff
present: Jimmy G. Gilmore, City Manager, and Alice Austin, Deputy City Secretary.
#1 APPROVAL OF MINUTES: Mrs. Lawler made the motion to accept the
minutes of the Regular Meeting of November 2,
1982, as written. Mr. Sharpe seconded the motion.
Mr. Baldwin requested that item #3, page 227, paragraph 2, lines two and five
be changed to repl ace the word "di psy" wi th "dempsy".
Mayor Sawyer called for a vote with the change noted, which motion carried
as folliows:
AYES: Council members Sharpe, Baldwin, Duffield, Aguilar and Lawler
NAYS: None
#2 HEARING OF RESIDENTS: None
#3 ORDINANCE: Mayor Sawyer read the caption of an ordinance amending
Gutierrez Disposal Inc. contract as follows:
AN ORDINANCE
AMENDING GUTIERREZ DISPOSAL INC. CONTRACT TO OPERATE
A GARBAGE COLLECTION SERVICE IN THE CITY OF SCHERTZ,
TEXAS, SCHEDULE "A" PROVIDING FOR A SERVICE FEE INCREASE.
Mrs. Lawler made a motion to accept the first reading of an ordinance amending
the Gutierrez Disposal Inc. contract. Mr. Sharpe seconded the motion which
carried with the following vote:
AYES: Councilmembers Sharpe, Baldwin, Duffield, Aguilar and Lawler
NAYS: None
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#4 ORDINANCE: Mayor Sawyer presented for consideration and read the
caption of an ordinance as follows:
AN ORDINANCE
ESTABLISHING A PROGRAM OF COMPREHENSIVE EMERGENCY MANAGEMENT
WHICH INCLUDES THE PREVENTION, MITIGATION, RESPONSE AND RE-
COVERY PHASES OF CIVIL PREPAREDNESS; ACKNOWLEDGING THE OFFICE
OF CIVIL PREPAREDNESS DIRECTOR; AUTHORIZING THE APPOINTMENT
OF A CIVIL PREPARDNESS COORDINATOR; AND PROVIDING THE DUTIES
AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN OPERA-
TIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH
ALL PHASES OF EMERGENCIES WHICH THREATEN LIFE AND PROPERTY IN
THE CITY OF SCHERTZ; AUTHORIZING COOPERATIVE AND MUTUAL AID
AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR
COUNTIES AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED
WARNING AND ALL-CLEAR SIGNALS AND MAKING VIOLATION A MISDE-
MEANOR PUNISHABLE BY FINE NOT TO EXCEED $200.00
232
Mrs. Lawler made the motion to accept on the first reading the Comprehensive
Emergency Management ordinance. Mr. Sharpe seconded the motion.
Mr. Duffield asked if this ordinance would replace the existing ordinance.
Consensus of Council was to add into the ordinance a section deleting
the existing ordinance. The ordinance was approved on the first reading
with the vote as follows:
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AYES: Councilmembers Sharpe, Baldwin, Duffield, Aguilar and Lawler
NAYS: None
#5 ORDINANCE: Mayor Sawyer presented for consideration and read the
caption on an ordinance as follows:
AN ORDINANCE
OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE
OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY
REVISING SECTION 18-33 OF SAID CODE; PROVIDING THAT
THE INTERSECTION OF LIVE OAK ROAD-ELBEL ROADjAERO AVENUE
BE DESIGNATED AS A FOUR-WAY STOP INTERSECTION.
Mr. Baldwin made the motion to approve the first reading of the ordinance
designating Live Oak Road-Elbel RoadjAero Avenue a four-way stop intersection.
Mrs. Lawler seconded the motion which carried with the following vote:
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AYES: Councilmembers Sharpe, Baldwin, Duffield, Aguilar and Lawler
NAYS: None
#6 ORDINANCE: Mayor Sawyer presented for consideration and read the
caption of an ordinance as follows:
AN ORDINANCE
OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE COOE
OF OROINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY
REVISING SECTION 10-51 OF SAID CODE; PROVIDING THAT THE
DEFINITION FOR "JUNKED VEHICLES" IS REVISED TO BE AS RE-
FLECTED IN ARTICLE 6701d-ll, VERNON'S TEXAS CIVIL STATUTES.
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Mr. Sharpe made the motion to approve the first reading of the ordinance
to amend the Code of Ordinances. Mr. Baldwin seconded the motion.
Mr. Aguilar asked if the city could not make a law stricter than the
State law. Mr. Gilmore advised that the City did have this authority.
Mr. Aguilar then requested this ordinance be changed to read:
"Any motor vehicle as defined in Article 6701d-ll, Vernon's
Revised Civil Statutes of Texas, as amended, which is
inoperative, does not have lawfully affixed to it both an
unexpired l1icense plate and a valid motor vehicle safety
inspection certificate, or that is wrecked, dismantled,
partially dismantled, or-discarded; or remains inoperable
for a continuous period of more than 120 days."
The ordinance was passed on the first reading with the following vote:
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AYES:
NAYS:
Counci1members Sharpe, Baldwin, Duffield, Aguilar and Lawler
None
#7 CONTRACT: Mayor Sawyer presented for consideration the BVYA contract
and explained this only concerned the youth program.
Mr. Gilmore explained that the contract had no changes but that it was just
an extension of the original contract. Mr. Gilmore also explained that the
contract normally runs to March 1; and to keep from re-negotiating in February,
Council might wish to consider extending the contract to February 1984.
Mr. Duffield said that it was his understanding that a consensus of Council
at the workshop on November 10, 1982, had been to approve the recommended
changes with the exception of Article 12.
Mayor Sawyer advised he would intertain a motion to table the BVYA contract.
Mr. Baldwin made the motion to table the BVYA contract. Mr. Duffield
seconded the motion which carried with the following vote:
AYES: Councilmembers Sharpe, Baldwin, Duffield, Aguilar and Lawler
NAYS: None
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#8 EXECUTIVE SESSION: At 7:20 P.M., Mayor Sawyer called an Executive
Session under Article 6252-17, Section 2 (g)
V.T.C.S., as amended.
The Regular Council Meeting reconvened at 7:30 P.M.
#9 CITY MANAGER1S REPORT: Mr. Gilmore advised that the County Appraisal
District had furnished an amended certified
Tax Roll. The new roll was certified at $96,511,961. He also advised the
roll was being checked item by item.
#10 ITEMS BY COUNCIL: Mr. Sharpe advised that he had made the trip to
Austin with the Hospital Corporation of America
to see the facility they had built there. He also invited everyone to
attend the Chamber of Commerce Christmas dinner.
Mr. Aguilar advised that the convenience store across from Dairy Queen had
resurfaced their entry to the parking lot raising the entry which caused
a drainage problem during recent rains. Mrs. Lawler advised the State was
aware of the problem and would be sending down an investigator.
#11 ITEMS BY MAYOR: Mayor Sawyer advised that he had been recelvlng
complaints about trucks parking on Lori Lynn near
Chestnut. He requested Mr. Gilmore have the Police Department check into
this problem.
Mayor Sawyer also showed the plague which had been presented the City by the
Chamber of Commerce, showing the city to be a member.
#12 ADJOURNMENT: On a motion by Mr. Sharpe and seconded by Mr. Baldwin
and unanimOU~SlY approv/V1ed,/th2me~ing was adjourn/ed
at 7:36 P.M.
ATTEST:!1k 'f? i/
~A^, lfaY~Y/~f Schertz, T~s
Dep~secret ry, ~~; ~hertz