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ccreg-08-19-1980 200 REGULAR MEETING OF THE CITY COUNCIL AUGUST 1 9, 1 980 The Schertz City Council convened in Regular Session, Tuesday, August 19, 1980 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the follow- ing members present: Mayor Jack M. Stomackin, Sr., presiding; Richard L. Howe; Barbara Taylor; Earl W. Sawyer and Jacqueline Lawler. Staff were City Manager Jimmy G. Gilmore and City Secretary June G. Krause. #1 APPROVAL OF MINUTES: A. Mrs. Lawler moved to accept the minutes of the Special Meeting of July 31,1980 as written. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Taylor, Sawyer and Lawler NAYS: None B. Mr. Sawyer moved the minutes of the Regular Meeting of August 5, 1980 be accepted as written. Mrs. Lawler seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Taylor, Sawyer and Lawler NAYS: None #2 HEARING OF RESIDENTS: Mr. Mike Lawler addressed the Council regarding the Guadalupe County Commissioner's Court distribution of Revenue Sharing Funds. After reviewing the census figures used and the percentage of distribution to Schertz organizations, he said he would like to see the City serve an injunction to keep the County from dis- pensing these funds and that the City should investigate the possibility of filing a suit for redistricting the county. #3 ORDINANCE: The Mayor introduced the following captioned ordinance as an emergency measure, with the City Manager reading I ~ i ! , the caption. ORDINANCE NO. 80-M-18 AN ORDINANCE PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1980 AND ENDING SEPTEMBER 30, 1981, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF SCHERTZ, TEXAS, FOR SAID YEAR FOR THE MAINTENANCE AND OPERATION OF THE VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IM- PROVEMENTS OF THE CITY; AND STIPULATING EMERGENCY ADOPTTON. Mr. Sawyer moved this ordinance be approved as an emergency measure. Mrs. Taylor seconded the motion which carried with the following vote: / i 7- Pc AYES: Counci1members Taylor, Sawyer and Lawler NAYS: Council member Howe I" I '~ 201 #4 ORDINANCE: The Mayor introduced the following captioned ordinance with the City Manager reading the caption. AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS, BY THE ANNEXATION OF A TRACT OF LAND CONTAINING 34.032 ACRES OF LAND MORE OR LESS, OUT OF GUADALUPE COUNTY. Mr., Sawyer moved the first reading of this ordinance be approved. Mrs. Lawler seo)nded the motion which carried with the following vote: AYES: Counci1members Howe, Taylor, Sawyer and Lawler /~,y.cPo NAYS: None #5 ORDINANCE: The Mayor introduced the following captioned ordinance with the City Manager reading the caption. AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS, BY THE ANNEXATION OF A TRACT OF LAND CONTATNING 74.99 ACRES OF LAND OUT OF BEXAR COUNTY. Mr. Sawyer moved the first reading of this ordinance be approved. Mr. ,Howe " secJnded the motion which carried with the following vote: AYES: Councilmembers Howe, Taylor, Sawyer and Lawler NAYS: None ) ,j~:;; (1{~ . #6 ORDINANCE: The Mayor introduced the following captioned ordinance with the City Manager reading the caption as follows: AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS, BY THE ANNEXATION OF A TRACT OF LAND CONTAINING 207.9 ACRES OF LAND MORE OR LESS IN THE C.M. GAHAGAN AND JOHN NOYES SURVEYS OUT OF COMAL COUNTY. Mr. Sawyer moved the first reading of this ordinance be approved. Lawler seconded the motion which carried with the following vote: Mrs. I. AYES: Council members Howe, Sawyer and [awler NAYS: Councilmember Taylor ' /.5c, ;/- #7 ACCEPTANCE OF RESIGNATIONS: A. Mayor Stomackin read the official resignation of Mr. Walter F. Sctnieder from Place #3 on the City Council. I Mr.1 Sawyer moved Mr. Schneider's resignation be accepted. Mr. Howe seconded th~ motion which carried with the following vote: AYES: Councilmembers Howe, Taylor, Sawyer and Lawler NAYS: None / ~ / ,. {I,) 202 /32,- J() / 33- (l~ 1-3 /--- fo B. The Mayor read the resignation of Mr. William Hamm as an alternate member of the Charter Review Committee. He reminded the Council that Mr. Hamm was an alternate member so it was not necessary to reappoint a member to this committee. Mr. Sawyer moved to accept the resignation of Mr. Hamm from the Charter Review Committee and send him a letter of appreciation. Mrs. Taylor seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Taylor, Sawyer and Lawler NAYS: None #8 COUNCIL APPOINTMENT: After the Mayor introduced the item to appoint a member to the city council, Mr. Howe moved to appoint Mr. Jeff Duffield to Place #3 on the City Council to replace Mr. Schneider. Mr. Sawyer seconded the motion. Mayor Stomackin explained that he was not ready to accept a motion at this time as he felt both candidates that had been interviewed by Council should be announced. There was some discussion as to the legality of this act, at which time Mayor Stomackin called a recess at 7:34 P.M. in order to check par1imentary procedures. The meeting was reconvened at 7:39 P.M. After discussion, Mr. Howe withdrew his motion with Mr. Sawyer withdrew his second. Mr. Howe then nominated Mr. Jeff Duffield to Place #3 on the City Council. Mrs. Taylor nominated Mr. William Courtney to fill the vacancy on the Council. I I I I I There being no further nominations, Mr. Howe made a motion to appoint Mr. Jeff Duffield to fill the vacancy of the unexpired term on the City Council created by the resignation of Mr. Schneider. Mr. Sawyer seconded the motion which carried with the following vote: AYES: Councilmembers Howe, Sawyer and Lawler NAYS: Council member Taylor Council expressed their regret that there were not two places to fill as both men were equally qualified for the position. The City Secretary swore into office Mr. Jeff Duffield to fill the vacancy, with Mr. Duffield taking his place on the City Council. #9 SW BELL RATE CASE: Mayor Stomackin briefed Council on a letter . request from TML asking Schertz to join with other cities in a joint study of the SW Bell rate increase request. He stated the City's share would be $195.00. Mr. Sawyer moved the city join with other cities in this rate case against SW Bell as last year we did and the case came out in our favor so we should spend this money to join in this case. Mrs. Lawler seconded the motion which carried with the following vote: 1- L AYES: Councilmembers Howe, Taylor, Sawyer and Lawler and Duffield NAYS: NONE 203 I #10 EXECUTIVE SESSION: None needed at this time. #11 CITY MANAGER'S REPORT: Mr. Gilmore said he wanted to reemphasize last nights statement and add to Mr. Law1er's thalt he did get the complete attorney general opinion cited to disallow funds to youth in the county revenue sharing budget. He read portions of the opinion which showed the County Judge was quoting out of context. He ialso said that he had received an answer from the County Tax Assessor, th~ first so far, regarding the selling of license plates in the city of Schiertz. They are bending a little in that they would allow us to sell the ba~ic tags, with them collecting all the paper work once a week and then mai,ling the tags to the citizens. The City Manager said he would continue to inegotiate as he felt we could and should get a little better deal than thiiS. #12 ITEMS BY MAYOR: The Mayor wanted to make note that the Street Department, in lieu of No Parking signs, are painting cu~bs red in accordance with state law and that citizens should be aware of this. He also stated that he realizes this is continually brought up but we have sorre bad vandalism in the parks. He requested any citizen observing anything of ~his nature, to please let the city know about it. I I #13 ITEMS BY COUNCIL: Mrs. Lawler welcomed Mr. Duffield to the Council i and reminded everyone of the County budget public he~ring in Seguin September 8 and advised everyone to go and let our presence be iknown. Mr.' Sawyer thanked Mr. Courtney for hi s i nteres tin the City as well as we 1- coning Mr. Duffield to the Council. Mr. Howe asked about the progress of changing the vav1es on FM 3009. The City Manager said the work would be started soon. Mr. Howe also asked if the meeting on the wells would be on the 26th and was told yes. He also mentioned the notation in the Edwards Underground Water District bulletin of the adopted tax levy of 2~ per $100 assessed property valuation for 1980 with Comal and Guadalupe Counties raising their tax assessment ratio; Mr., Howe also asked about the progress of the road on the easement in Deer Ha~en the city has to put in. Mr. Gilmore said the engineer is working on the figures for this project at this time. Mrs. Taylor expressed appreciation to both Mr. Courtney and Mr. Duffield, saying that Schertz is very fortunate to have men of this calibre. Mr. Duffield thanked' the Council for their expression of confidence in him for' the appointment and said he would endeavor to do'his best for the City6f Sc~ertz because he had received much from Sch~rtz during his seven years re~idence here. Mr. Sawyer asked if the City had any contact with the company that has trucks du~ping concrete on FM 78 and the blowing dust there as he thought they had 204 or were suppose to have some type of emmission control. The City Manager said two companies are involved and that he is trying to get something done about it from both of them. He said he had a call in now to the state regarding the emmission control. #14 ADJOURNMENT: On a motion by Mr. Howe, seconded by Mr. Sawyer and unan;mously carr;ed, the meet;ng ~ at ;:58 PM. c~rtz, Te~.!J' ATTEST: ~. ~ .JJ);~^, ~ Secretary, ~lLY of Schertz SPECIAL MEETING OF THE CITY COUNCIL AUGUST 26, 1980 The Schertz City Council convened in Special Session, Tuesday, August 26, 1980 at 7:00 P.M. in the Conference Room of the Municipal Complex, 1400 Live Oak Road with the following members present: Mayor Jack M. Stomackin Sr., presiding; Richard L. Howe; Barbara Taylor; Jeff Duffield; Earl W. Sawyer and Jacqueline Lawler. Staff present City Manager Jimmy G. Gilmore City Financial Advisor Tom Anderlitch and City Secretary June G. Krause. #1 FINANCIAL ADVISOR BRIEFING: Mr. Tom Anderlitch briefed the Council on the requirements for issuing bonds for water system improvements as previously outlined by the City Engineer. Mr. Anderlitch discussed the probability of raising water rates in order to issue these bonds. Council asked Mr. Anderlitch to proceed to be ready to issue bonds when the market is right. Mr. Gilmore was to work up figures on possible water rate increases and have them ready for the next Council meeting. #2 ADJOURNMENT: On a motion duly made, seconded and unanimously carried, the meeting adjourned at 7:50 P. ~ , - ~/~,~ yo , r1' y 0 Schertz, Texas .. ATTEST: (}~ c~ecretary, I' I I 1-