ccreg-04-15-1980
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REGULAR MEETING OF THE CITY COUNCIL
APRIL 15, 1980
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The Schertz City Council convened in Regular Session, Tuesday, April 15, 1980
at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the following
mem~ers present: Mayor Robert C. Bueker, presiding; Richard L. Howe; Barbara
Taylor; Walter F. Schneider; Earl W. Sawyer and Jack M. Stomackin, Sr.. Staff
present were City Manager Jimmy G. Gilmore and City Secretary June G. Krause.
#1 APPROVAL OF MINUTES: A. Mr. Schneider asked that the caption of the
ordinance be included in Item #5 of the
minutes of the Regular Meeting of April 1, 1980 as follows:
1I0RDINANCE NO. 80-D-9
AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF
SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 18-76 OF SAID
CODE, PROVIDING FOR SPEED LIMIT IN SCHOOL ZONE ON FM 1518;
AND DECLARING AN EMERGENCY. II
Mr. Howe moved to approve the minutes of the Regular Meeting of April 1, 1980
as corrected. Mr. Sawyer seconded the motion which carried with the follow-
ing vote:
AYES: Counci1members Howe, Taylor, Schneider, Sawyer and Stomackin
NAYS: None
B. Mr. Stomatkin moved to approve the minutes of the Special Meeting of
April 8, 1980. Mr. Howe seconded the motion which carried with the following
vote:
AYES: Counci1members Howe, Taylor, Schneider, Sawyer and Stomackin
NAYS: None
#2 HEARING OF RESIDENTS: There were no residents wishing to be heard.
#3 ORDINANCE: Mayor Bueker introduced the following captioned ordinance
with Mr. Gilmore reading the caption. The Mayor then
ask~d Mr. Gene Riley, Chairman of the Recount Committee, to give his committee
report and findings. Mr. Riley distributed written reports for Council
information, stating there was only a two vote differential in the count of
the,committee and the actual count by the Judges on election day. Those two
votes being ones that were not originally counted at the polls as there was
discrepancies on the Council vote but not on the Mayoral votes.
The City Manager then read the ordinance in its entirety declaring that Jack
Mayor Stomackin, Sr. was elected Mayor of the City of Schertz pursuant to the
e1ettion duly held within said city on the 5th day of April 1980.
Mr. Schneider then moved to declare this ordinance an emergency and approve
the, canvassing of the recount of the mayoral votes as established by the
Recount Committee. Mr. Sawyer seconded the motion which carried with the
following vote:
AYES: Councilmembers Howe, Taylor, Schneider, Sawyer and Stomackin II" ji'
NAYS: None ORDINANCE NO. 80-E-11
AN ORDINANCE CANVASSING THE RECOUNT OF THE MAYORAL VOTES AS ESTABLISHED BY
THE DULY APPOINTED RECOUNT COMMITTEE AND DECLARING THE RESULTS OF THE CITY
MAYORAL ELECTION HELD ON THE 5TH DAY OF APRIL L~80 AND DECLARING AN EMERGENCY
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#4 SWEARING-IN CEREMONY: After signing the Certificate of Election
Mayor Bueker swore in the newly elected
Mayor - Mr. Jack M. Stomackin - then stepped down in favor of the new Mayor.
#4-A VACANCY APPOINTMENT: Mr. Sawyer moved to nominate Mrs. Jackie
Lawler to fill the seat on the City Council.
Mr. Howe seconded the motion.
Mrs. Taylor said she felt that since Mrs. Lawler was the candidate that re-
ceived the next highest number of votes at the recent election, this would
be what the voters would want.
Mayor Stomackin then called for a vote on the motion, as there were no further
nominations or comments, with the motion carrying as follows:
AYES: Councilmembers Howe, Taylor, Schneider and Sawyer.
NAYS: None
Mrs. Lawler was then sworn in and took her seat as Counci1member Place 5.
#5 MAYOR PRO-TEM SELECTION: Mr. Schneider moved to nominate Mr. Richard
L. Howe as Mayor Pro-Tern. Mrs. Taylor
seconded the motion which carried with the following vote:
AYES: Counci1members Howe, Taylor, Schneider, Sawyer and Lawler
NAYS: None
#6 P&Z RULES OF PROCEDURE: The City Manager stated that the P&Z rules
of procedure submitted to the Council are
a result of the joint meeting in which both the City Council and P&Z made
suggested changes. The P&Z have approved these revised rules of procedure.
Mr. Howe moved to accept these P&Z Rules of Procedure as revised. Mr. Sawyer
seconded the motion which carried with the following vote:
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AYES: Councilmembers Howe, Taylor, Schneider, Sawyer and Lawler
NAYS: None
#7 CABLEVISION CHARTER: The Cab1evision Advisory Committee has sub-
mitted a charter for Council review. Mr. Gilmore
called attention to Section 4.04 on Liability and advised that the City
Council is prohibited by law from accepting this liability. Mr. Gilmore
also said that Mr. Riley was present to answer any questions of Council.
Council questioned several sections of the proposed charter including
Section 3.08, 4.02 and 4.03 along with the Section 4.04 and 4.05.
Mr. Sawyer moved that Mr. Riley be requested to go back to the Board with
the comments and specific ideas of changes 'to the Charter of that Board.
Mr. Howe seconded the motion. Council then decided that Mr. Riley
should work with the City Manager on the changes to be made, correlating
them with the other cities.
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The Mayor then called for a vote on the motion before the Council, with the
motion car-rying as follows:
AYES: Counci1members Howe, Taylor, Schneider, Sawyer and Lawler
NAYS: None
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#8 EXECUTIVE SESSION: None needed at this time.
#9 CITY MANAGER'S REPORT: Mr. Gilmore advised the Council that Mr.
Baldwin had just served his last day in the
employ of the City as he was going on to better things. He said that Mr.
Ba1~win has been serving as Chairman of the EMS Regional committee and that
he ~ould like to have Mr. Baldwin remain as a representative of the City. This
is mot a committee that has to come before the Council but he just wanted to
get the Council endorsement. It was Council concensus to have Mr. Baldwin
rem~in on the EMS committee representing the City of Schertz.
#10 ITEMS BY MAYOR: Mayor Stomackin welcomed Mrs. Lawler as a City
I Co unci 1 member, stating she had done a tremendous
jOb1on the Planning and Zoning Commission.
#11 ITEMS BY COUNCIL: Council also welcomed Mrs. Lawler with Mr. Howe
wishing to thank Mrs. Hyatt and Mr. Bueker for
their contributions over the years to the City.
Mr. I Howe also stated that according to law, the Council should not appoint
any~ne to tabulate the votes at an election who is already an appointtee to
one;of the City's committees.
#12 ADJOURNMENT: On a motion by Mr. Howe, seconded by Mr. Sawyer an
unanimously carried, the meeting adjourned at 7:50
ATTEST:
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recretary, l-; ty of Schertz
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