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10-01-1971 . ) ! ~ ,. \ i .' unan.. imous to..~j1ft a _,re~~tiol}. /to the effect stated. ATTEST: ~'f';f(v. ~~.. " APPROVSD: . MINUTES OF THE BESTING OF THE CITY COUNCIL. GITY OF SCHERTZ TEXAS lELD ON OcrOBER 1. 1971 c?p1-JtZb An emergency meetin~ of the City Council was convened at City Hall at 7:00 a.m. under the direction of Mayor Roy W. Richard. Aldermen in attendance were: Mrs. Bobbie L. Koch. Hr. Jimmie V. Dunham. Mr. Robert E. Schwartz, Mr. Raymond G. Koym and Mr. Leon R. Chambless. \ Follow1..ng a reading NOTICE OF ElECTION and RESOLTJt' ION , a bond election was called for .;' October )0 following motion by Mr. Schwartz, seconded by Mrs. Koch and voted on una- it . 1 ~ nlmous y. '\ Notice of Election and Calling of election follow: NOTICE OF ELECTION FOR THE ISSUANCE OF BONDS THE STATE OF TEXAS 1 COUNTIES OF GUADALUPE & BEXAR I CITY OF SCHERTZ 1 TO THE RESIDENT QUALIFIED ELECTORS OF THE CITY OF SCHERTZ, TEXAS, INCLUDING THOSE WHO OWN TAXABLE PROPERTY IN SAID CITY, AND WHO HAVE DULY RENDERED THE SAME FOR TAXATION: TAKE NOTICE that an election will be held in the City of Schertz, Texas, on the 30th day of October, 1971, in obedience to a resolution and order duly entered by the City Council which is attached hereto and made a part of this Notice for all intents and purposes. WITNESS OUR HANDS AND THE SEAL OF SAID CITY, this 1st day of October, 1971. ,A; / -~ '1 (.,v, R j C (f A-/LI::> Mayor, City of Schertz, Texas ATTEST: /-0/ ^ U b eICT C. ~ ll~ I(J~P,- City Secretary, City of Schertz, Texas (City Seal) A RESOLUTION AND ORDER by the City Council of the City of Schertz, Texas, calling a bond election to be held within said city, making provision for the conduct of the election and other provisions incident and related to the purpose of this resolution and order. WHEREAS, this City Council deems it advisable to call a bond election for the purposes hereinafter mentioned; therefore, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: ~) ",'1 .;.;, Section 1: That an election be held on the 30th day of October, 1971, which date is not less than fifteen (15) nor more than thirty (30) days from the date of the adoption hereof, at which election the following propositions shall be submitted: PROPOSITION NUMBER 1 "SHALL the City Council of the City of Schertz, Texas. be authorized to issue revenue bonds of said City in the amount of TWO HUNDRED THOUSAND DOLLARS ($200,000.), maturing serially in such installments as may be fixed by the City Council, the maximum maturity being not more than FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates as shall be determined within the discretion of the City Council at the time of issuance, for the purpose of improving and extending the City's Waterworks System; to be issued in accordance with and in the manner provided in Article 1111 et seq., V.A.T.C.S., and secured by a pledge of the net revenues from the operation of the City's combined Waterworks and Sanitary Sewer System, and in the event of the later acquisition of an electric light and power system and/or natural gas system, such bonds may also be secured by a pledge of the net revenues of all of such com- bined Waterworks, Sanitary Sewer, Electric Light and Power and/or Natural Gas Systems, each bond to be conditioned that the holder thereof shall never have the right to demand payment of said obligation out of funds raised or to be raised by taxation?ft PROPOSITION NUMBER 2 "SHALL the City Council of the City of Schertz, Texas, be authorized to issue THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000) general obligation bonds of said City for the purpose of acquiring or improving, or both, land for park purposes for said City; said bonds to mature serially over a period of years not to exceed FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates as shall be determined within the discretion of the ~City Council at the time of issuance; and to provide for the payment of principal of and interest on said bonds by levying a tax s sufficient to redeem said bonds as they become due?" PROPOSITION NUMBER 3 "SHALL the City Council of the City of Schertz, Texas, be authorized to issue ElGHTY- FIVE THOUSANm DOLLARS ($85,000) general obligation bonds of said City, for the purpose of constructing, enlarging. extending and installing storm sewers, drains and other improve- ments incidental thereto in and for said City; said bonds to mature serially over a period of years not to exceed FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates as shall be determined within the dis- cretion of the City Council at the time of issuance; and to provide for the payment of principal of and interest on said bonds by levying a tax sufficient to pay the annual interest and to create a sinking fund sufficient to redeem said bonds as they become due?" PROPOSITION NUMBER 4 "SHALL the City Council of the City of Schertz, Texas, be authorized to issue One HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175,000) general obligation bonds of said City for the purpose of constructing street improvements in and for saLd City; said bonds to mature serially over a period of years not to exceed FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest at any rate or rates as shall be determined within the discretion of the City Council at the time of issuance; and to provide for the payment of principal of and interest of said bonds by levying a tax sufficient to pay the annual interest amd to create a sinking fund sufficent to redeem said bonds as they become due?" Section 2: That the official ballots for said election shall be prepared in accordance with 28 the V.A.T.S. Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid propositions which shall be set forth in substantially the following form: PROPOSITION NUMBER 1 "THE ISSUANCE OF $200,000 REVENUE BONDS FOR WATERWORKS SYSTEM IMPROVm-lUhS AND EXTENSIONS" PROPOSITION NUMBER 2 "THE ISSUANCE OF $350,000 GENERAL OBLIGATION PARK BONDS" PROPOSITION NUMBER 3 1 "THE ISSUANCE OF $85,000 GENERAL OBLIGATION STORM SEWER AND DRAINAGE BONDS" PROPOSITION NUMBER 4 "11IE ISSUANCE OF $175,000 GENERAL OBLIGATION STREET IMPROVEMENT BONDS" The word "FOR" and beneath it the word "AGAINST" shall be made to appear on the left of each of the propositions. A square shall be lrinted on the left of each of the words "FOR" and "AGAINST" , and each elector shall place an "X" in the square beside the state- ment indicating the way he wishes to vote. Section 3: That said election shall be held at the FIRE STATION, Live Oak Road, in said City, and the entire City shall constitute one election precinct for said election. r-' I Section 4: That the following named persons are hereby appointed officers of the election: Mrs. John Spurkisky Mr. Fred Thomas Presiding Judge Alternate Presiding Judge The presiding Judge shall appoint not less than two (2) nor more than three (3) qualified clerks to serve and assist in holding said election; provided that if the Pre- siding Judge herein appointed actually serves, the Alternate Presiding Judge shall be one of the clerks. On election day the polls shall be open from 7:00 A. M. to 7:00 P. M. Absentee voting shall be conducted at the City Secretary's Office in the City Hall, in accordance with the provisions of V.A.T.S. Election Code, Chapter 5. lSection 5: All resident qualified electors of the City, including those who own taxable property in said City and who have duly rendered the same for taxation, shall be permited to vote at said election. That at said election two separate ballot boxes shall be pro- vided at the polling place. In one box only resident qualified electors who own taxable property and who have duly rendered the same for taxation shall be allowed to. vote. In another box all resident qualified electors (who are otherwise qualified but do not own taxable property which has been duly rendered for taxation) shall be allowed to vote. The votes cast in each of said boxes shall be recorded, returned, and canvassed in such manner as will reflect separately the votes cast by the qualified electors who own taxable property and who have duly rendered the same for taxation from the votes cast by all qualified electors (including those who own taxable property and who have duly rendered the same for taxation). Section 6: ")0 ...,1 That a substantial copy of this resolution and order shall serve as proper notice of said election. Said notice shall be posted i~ the election precinct or precincts and at the City Hall not less than fourteen (14) days 'Prior to the date on which said election is to be held, and be published on the same day in each of two successive weeks in a newspaper of general circulation in said City, published in the City of Seguin, Texas (there being no newspaper published in the City of Schertz, Texas), the first of said publications to be made not less than fourteen (14) full days prior to the date set for said election. PASSED AND APPROVED, this the 1st day of October, 1971. /s/ RoyW. Richard _Mayor, City of Schertz, Texas ATTEST: . I~ I Ror-,..+ C Ihl~lce'" Crty Secretary, City -of Schertz, Texas (City Seal) .j}TTEST: &J- fJ.. ~-I-1__.,) . City Secretary APPROVED: C;>"\,t-&,.~ ~ Mayo~- /.- MiliUTES OF THE ~TING OF THE CITY COUNCIL. CITY OF SCHERTZ TEXAS HELD ON OCTOBER 7. 1971 An emergency session of the City CounciJ was called at the direction of Mayor Roy W. Richard at 9:00 a.m. for voice vote on reinstatement of Ralph Ikels and Beorge I Bolton as Commissioners of the Urban Renewal Agency. City of Schertz. After motion ~!I made by Councilman Chambless and seconded by Councilman Koym. telephone vote was \~ received as follows: For the reappointment -- Mr. Koym. Mr. Chambless, Mr. Dunham and Mrs~ Koch. Mr. Schwartz was not present for voting. Motion carried. APPROVED: A'rTEST: Mayor City Secretary Resolution * 1004, adopted as a result of the October 7. 1971 meeting follows: RESOLUTION # 1004 -,,11 l~:> APPOINTING Ralph R. Iltels and George P. Bolton AS MEHBERS OF THE BOARD OF COMMISSIONERS OF 'T'HE URBAN RENEWAL AG~NCY OF THE CITY OF Sa-rn:RTZ iiHEREAS, Ralph R. Ikels and George P. Bolton are members of the Board of Commissioners of the Urban Renewal Agency of the City of Schertz with their present appointment terminatine October 20, 1971. now therefore, BE IT RESOLV8D BY 'T'HE CITY COUNCIL OF THE CITY OF SaIERTZ AS FOLLOWS: Ralph R. Ikels and George P. Bolton are hereby reappointed to serve on the Board of Com- missioners for a term of two years beginning October 21, 1971 through October 20, 197J. PASSED AND APPROVED this 7th day of October, 1971. ATTEST: /s/ Robert C. Bueker /t/ Robert C. Bueker. City Sec. /s/ Roy W. Richard /tf Roy W. Richard, Mayor City of Schertz. Texas .10 // ATTEST: fl~ ~ Robert C. Bueker, Secretary APPROVED: ~J~ Roy W~ard, Mayor MINlJTli'...5 OF THE mETING HELD BY THE CITY CCXJNCIL. CITY OF SaIERTZ, TEXAS ON OCTOBER 14, l<Jll The regular meeting of the City Council was convened at the direction of Mayor Roy W. Richard.at 8:00 p,m, in the City Hall. Aldermen in attendance were: Mrs. Bobbie L. Koch, Mr. RaYmOnd G, Koym and Mr. Robert 14;. Schwartz. Reading of the minutes of previous council meetings held on Sept. 9. Sept 2J, Sept JO. Oct I and Oct 7 were read and ap0roved without change. l Resolution If 1005 was read by Mayor Richard and approved unanimously following motion ,!\'by Mr. Koym and second by Mrs. Koch. Resolution If 1005 follows: \f}-'9 R~OLU'rION 11005 A RESOLUTION CONFlRHING m INTmIT OF SChM.LZ, TEXAS TO H.:NTER INTO A CONTRACT WITH TH~ CIBOLO CREEK MUNICIPAL AUT'HORITY FOR THE PURPOSES OF TR~ATING WASTE WATER AND MUNICIPAL SEWAGE. BE IT RESOLVED by the City Council of the City of Schertz, Texas: r WHERE.AS...._the City of Schertz, Texas. is desirous of solving future sewage disposal and waste water problems thJ:)ough the Cibolo Creek Municipal Aut ority and, wnt'Jn",AS,..the Cibolo Creek Municipal Authority represents the only legal enti1tqr which will afford the citizens of Schertz. Texas. the most direct representation in solving such problems, and, WHER~AS. the San Antonio River Authority has been afforded approximately five years in which to present an acceptable contract to the City of Schertz, Texas, convern- ing the treatment of its waste water and sewage disposal without success, B~ IT R~REBY RESOLVED by the City of Schertz, Texas: That it is the intent of the City of Schertz, Texas to contract with the Ciblb10 Creek Municipal Authori ty for waste collection treatment and disposal services in the event the Texas Water Quality Board so designates such Muni- cipal Authority to provide these services for that portion of the Cibo1o Creek watershed which affects the City of Schertz. Texas, APPROVSD ON "'HIS the 14th day of October. 1971. /s/ Roy W. Richard, Mayor 1.- : . ATTEST: /st Robert C. Bueker, City Secretar,y A proposed resolution submitted by the Tri-City Junior Athletic League. Inc, for passage by the City Council relating to the use of all boys baseball fields within the city that ~are owned or controlled by the city for use by the Tri-City League during 1972 was dis- ~ cussed. Mr. Koym motioned, Mr. Schwartz seconded and vote was unanimous to grant such r authority contingent upon consent of the Lion' s Club and the Parks Commissioner. A change to this effect was to be prepared by the City Secretary and included in a resolu- tion authorized for signature, Resolution follows: RESOLUTION I 1006 A R~SOLUTION AUTHORIZING TH-g USE OF BASEBALL PARKS, OWNED OR CCNTROLIED BY T~ CITY OF I SCHERTZ, TEXAS, BY THE TRI-CITY JUNIOR ATffiEI'IC L~AGUE, ruC. DURING 1972 BASEBALL "- - SEASON. SUCH AUTHORIZED USE TO BE CONI'INGENT ON APPROVAL OF THE S<lIERTZ-CIBOl.O VAlLEY LION'S CLUB AND THE PARKS OOMMISSIONER OF THS CITY OF SCHERTZ. BE IT RESOLVED BY the City Council. City of Schertz, Texas: 01 WHER~AS, in consideration of the operation of a baseball program by the Tri-City Junion Athletic League, Inc. in the City of Schertz, Texas for boys between the ages of 8 _ 12 years during the s~mer months of 1971 and, i~~REAS. the City of Schertz is desirous of continuing such a program in 1972, BE IT H~R~BY R~SOLVED BY the City of Schertz. that your organization is granted the authority, contingent on the concurrence of the Schertz-Cibolo Valley Lion's Club. and the Parks Conunissioner of the City of Schertz, to use any and all boys baseball fields,"' owned or controlled by the City of Schertz, Texas for continuation of the boys baseball program during the playing season 1972. APPROVED ON THIS TH~ 14th day of October 1971. /s/ Roy W. Richard, Mayor ATTF.3T: /s/ Robert C. Bueker. City Secretary A previous request for an increase in dispatch service .rates by Universal City ~s discussed. It was agreed that Schertz should continue to use the Universal City facility at increased rates until a favorable alternate solution was presented. City Secretary was instructed to negotiate with Universal City for a new rate contract. Survey costs incurred in 1970 for the Elbel Road project were discussed. Payment of such costs was deferred pending results of the Oct. 30 election. If the Road Improvement Bond issue carries, such survey costs will be included in aforementioned bond issue. The Randolph Sub_Region Traffic Thoroughfare Study Group requested additional funding for the start of the engineering study. A revue of the proposed pro-rata funding revealed a disproportionate share assessed to Schertz. City Secretary was instructed to write_ the Study Group for an explaination of costs. No objection was voiced to participating on a fair assessment. Motion"WaS made by Mr. Schwartz, seconded by Mr. Chambless and voted on unanimous;:;-' t reschedule regular and special sessions of the City Council to begin at 7:30 p.m~. City ecretary was instructed to amend existing ordinances to reflect this chang Ordina n If 242 follows: ORDINAN CE #: 242 N ORDINANCE REplt',A G CITY ORDINANCE #: 47 AND SETTING A TIME F THE CITY OOUNCIL. PLACE FDR MEETJN GS E IT ORDAINED BY THE That City Ordinance If 47, bei no city business is hereby repealed and, to the conducJ of Whereas the City Council of the chertz. Texas, ha ving the need to condul~t ever increasing business. he y decrees t meetings of said City Council, regular and special, shall be he starting at 7: ')0 p. of the day scheduled unless oth~r- wise rescheduled by co etent authority. The reg r meeting of the City Council shall be scheduled r the 1st Thursday of each IllOnt . n the City Council Chambe's commencing Nove r 4, 1971. ATTES PIl66 / s / Robert C. Bueker "f.':' t" '::;"'\.;J.-\:1 ~dJ.-'y Sb~ tl4i- L./ 3~ /s/ Rov W. Richard Mayor PASSED A 14th day of October 1971. --- \ '- -' 32 Mr. Schwartz indicated complaints had been received regarding obstruction of view at the Live Oak crossing of the S.P. R.R. tracks as a result of The Village advertising signs. This subject had arisen previously and a check by the police revealed no obstruction if a full stop was made at the stop sign as required. Item will be placed in the newsletter. Constant spillage of concrete on PM 78 and city streets by Keefe Co. was noted. City Secretary was instructed to write the State Highway Dept. ~ Recommendation was made by Mr. Brehm, Chairman. Citizen's Advisory Committee to appoint ~I\ Mr. Robert T. Blake and Mrs. Jean Kvapil as members to that committee. Motion was made ~ by Mr. Koym, seconded by Mr. Schwartz and voted on unanimously to ap90int Mr. Blake. \ Motion was also made by Mr. Koym, seconded by Mr. Schwartz and voted on unanimously to have Mrs. Kvapil appointed. City Secretary was instructed to write both members notify- ing them of a 'pointments. Motion was made by Mr. Schwartz, seconded by Mrs. Koch and voted on unanimously to adjourn the meeting at 9:45 p.m. ATTEST: &Jt? ~ Robert C. Bueker. City Secretary MINUTES OF THE MEETING HELD BY THE CITY COUNCIL, CITY OF SCHERTZ, TEXAS ON OCTOBER 30, 1971 An eme~gency me~ting was called to ord~r by Dr. Richard at 7:30 PM Octob~r 30, 1971 for the purpose of canvassing vot~s of th~ special election held by. the City of Schertz, October 30, 1971. The results are as follows: t__ MINUTES PERTAINING TO PASSAGE AND ADOPTION OF RESOLUTION CANVASSING RETURNS AND DECLARING RESULT OF A CITY BOND ELECTION THE STATE OF TEXAS I COUNTIES OF GUADALUPE & BEXAR 1 CITY OF SCHERTZ I ON THIS, the 30th day of October, 1971, the City Council of th~ City of Schertz, Texas, conv~ned in special session at the r~gular m~~ting plac~ thereof in the City Hall, the meeting being open to the public and notice of said meeting, giving the date, place and subject thereof, having b~en posted as prescribed by Article 6252-17, Section 3A, V.A.T.C.S., with the following memb~rs pr~sent and in attendanc~, to wit: I. (DR.) ROY W. RI(]lARD MAYOR RAYMOND G. KOYM JIMMIE V. DUNHAM MRS. BOBBIE L. KOCH ) ) ) ALDERMEN and with th~ following absent: Robert E. Schwartz, Leon R. Chambless, constituting a quorum; and among oth~r proceedings had wer~ the following: The Presiding Offic~r introduced the following resolution: "A RESOLUTION by the City Council of the City of Schertz, Texas, .) .) t)d canvassing r~turns and d~claring th~ result of a bond election held in the said City on the 30th day of Octob~r, 1971." The resolution was read in full. Thereupon, Alderman Dunham moved its adoption, ann the motion was seconded by Alderman Koch. TIle motion carrying with it the adoption of bhe r~solution pr~vail~d by the following vote: /30-1/ AYES: Aldermen Koym, and Dunham, and Alderwoman Koch. NOES: None The Presiding Officer announc~d that the r~solution had been passed and adopted. MINUTES APPROVED, this the 30th day of October, 1971. /sl Mayor, City of Schertz, Texas ATTEST: Is/ City Secretary, City of Schertz, Texas (City Seal) A RESOLUTION by the City Council of the City of Schertz, Texas, canvassing returns and declaring the result 0f a bond election held in the said City on th- 30th day of October, 1971. /.1(-';1 I -' WHEREAS, this governing body resolv~d and ordered that an ~lection b~ held within this City on the 30th day of October, 1971, for the purpose of submitting certain propo- sitiions for the issuance of bonds to the r~sident qualified electors of th~ City, inclu- ding those who had duly rendered their property for taxation; and, WHEREAS, the returns of ~he said election have been made to this governing body and f~om an examination of those returns, it appears that in conformity with the proceedings of this governing body calling the election: (i) TWo separat~ ballot boxes were provided at the polling place or places designated by this governing body; and (ii) All resident qualified electors who owned taxable property in the City and who had duly rendered the same on the tax rolls of th~ City (hereinafter called "taxpaying electors") were permitted to vot~ in the box designated for their ballots and the ballots cast in such box were recorded or tabulated separately; and (iii) All resident qualified electors (who were otherwise qualified but did n0t own taxable property which had been duly rendered for taxation on the tax rolls of the City)--hereinafter called "electors"--ba110ts, and the ballots cast in such box were recorded or tabulated separately; and (iv) The total of the votes cast by the resident qualified electors (including those who owned taxabl~ property which had been duly rendered for taxation on th~ tax rolls of the City) was shown on the said returns (the same being hereinafter referred to as '"Total All Electors!:); and, WHEREAS, upon the consideration of the returns of the said election, it appears that th~ same was held in accordance with the authori~ing proceedings and was in all respects legally held after due notice had been given; and the said returns were duly and legally made, and such returns ~howed t~e following results: ~'~4 Column (1) Column (2) Col umn ('~) PROPOSITION NUMBER 1 "The issuance of $200,000 Revenue Bonds for Water- works System Improvements and Extensions" Taxpaying Electors Electors Total All Electors (Columns 1 & 2) FOR 2~2 16 258 AGAINST 108 7 115 TOTAL VOTES CAST 350 23 373 PROPOSITION NUMBER 2 "The Issuance of $350,000 General Obligation Park Bonds" FOR 168 12 180 AGAINST 182 10 192 TOTAL VOTES CAST 350 22 372 PROPOSITION NUMBER 3 "The Iss"ance of $85,000 General Obligation Storm Sewer and Drainage Bondsu r-- FOR 235 17 252 AGAINST 115 6 121 TOTAL VOTES CAST 350 23 373 PROPOSITION NUMBER 4 "The issuance of $175,000 General Obligation Street Improvement Bonds" FOR 239 15 254 AGAINST 112 7 119 TOTAL VOTES CAST 351 22 373 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1: That all of the recitals contained in the preamble of this resolution are found to, be true and are adopted as findings of fact by this governing body and as part of its judgment. SECTION 2: IT is further found and determined that the results of the election as canvassed and tabulated in th~ preamble h~r~of reflect the expressed desires of the tax- paying electors, electors, and total all electors (as such terms are defined in the pre- amble hereof). l_ I. -I ..- ~J~) SECTION 3: That in conformity with law, this governing body is authorized to issue the bonds on behalf of said City in the amounts and fOL Lh~ purpos~s m~nLicn~d in th~ propositions set forth in the proceedings calling the election with respect to proposi- tions number 1 through 4. PASSED AND APPROVED, this the 30th day of October, 1971 /s/ Mayor, City of Sch~rtz, Texas ATTEST: /s/ City Secretary, City of Sch~rtz, Texas (City Seal) MIhu.LJl.S OF THE MEETING OF mE CITY COUNCIL OF SaIERTZ, TEXAS NOVEMBER 4, 1971 A regul.r meeting of the City Council convened .t the direction of M.yor Roy W. Rich.rd .t 7:30 PM in the City H.II. 'ldermen in .ttend.nce were: Mrs. Bobbie L. ~och. Mr. Ray- mond G. ~o,., Mr. Ji_ie V. Dunh.m, Mr. Robert E. Schw.rts, .nd Mr. Leon R. Ch.mbless. Minute. of the council meeting held on October 14, 1971 were re.d .nd .pproved without ch.nge. A petition signed by 115 re.ident. of the Vill.ge 3 .nd 4 .re.. w.s pre.ented to the council by Mr. Arnold E. B.rne., 1028 Curti.. Ave., reque.ting .ction be t.ken to provide proper dr.in.ge .n Curti.. Ave. wilere it inter.ect. -Live O.k Rd. Action to be t.ken to ck,.....v r..olve tke problem w.. promi.ed by tke council with. motion to cut . ...11 dr.in.ge ditch .cr... GVEC property mad. by Mr. Schw.rts. .econd.d by Mr. Ch.mble.. ..d voted on un.nimou.l~. 1.3~ -7/ P.liee Chi.f Sck..n.ver pre..nted the qu.rt.r1y rep.rt of p.1ice dep.rtm.nt .ctivitie. which .a. accept.d wit..ut c.ange. Bid. f.r . new p.lice be.icl. were pre...ted by cai.f Sch..n.ver. L.w bid .f $3,588 wa. .ubmitt.d f.r . PI,..utk Fur, 4-d..r vekic1.. Additi.na1 r.que.t w.. mad. f.r in.t.ll.- ti.n .f . .tand.rd AM radio f.r the ve.ic1e in t.e ameuat .f $48.15. M.U.a w.. mad. by Mr. caambl..., ..e.nd.d by Mr. ~.,. ..d v.t.d .a un..imeu.1y t. purc...e t.. v.kie1.. 18E-7! Bid. w.re .1.. pre.ented f.r a pickup truck f.r t.e Utilities D.pt. L.w bidd.r ... l.ter..ti...l H.rv..t.r f.r $2,494. Mr. Dunk.. ..ti.aed, Mr.. ~.eh .ec..ded ..d v.te ... u...i..u. t. pure.... ..e ve.ide. /.3'1-'7/ Chi.f Sc....ever pr....t.d . 1i.t .f .quipm..t ...ded f.r t.. .ewly cr.at.d P.rk. M.i.t....c. p..iti... Suck equipm..t i.eluded .pr.yi.. equipme.t, we.d bur.er, p...r ....r., "r.dd.r, .iekle b1.d. ..d s..g mew.r.. It w.. recomme.ded t.. Uti1itie. Commi..i..er, Utili tie. Sup.ri.t.nd..t, P.rk. Commi..i..er a.d t.e P.lice Chief j.i.tly e.t.bli.. p.licy .. t.. u.. .f .quipm..t pri.r t. t.. N.vemb.r II m..ti.s. Applicati... f.r electrie.1 liee..e. were pre.e.ted from R.d.ey S. Gil1i.a. a.d All.. Electric C.. F.Il.wi.S revi.w .f .pplie.ti..., meti.. va. made by Mr.. ~.ch, .....ded i56 9~\ ~ by Mr. Du~.. ..d ..t.d ap.. ua..~.a.ly t. .ppr... lic.... f.r All.. El.ctric. M.ti.. v.. tk.. ..d. by Mr. Keya, ..c....d by Mr.,keck ..d ..t.d .. a...~a.ly t. .ppr... Gillik.. II.ctric ..dtk.t Mr. Gillik.. b. ...i..d .f tk. pr..i.i... .f tk. city B... Oc..p.ti.. Ordi...c.. ~\ , ?;VJ \ Miaut.. .f tk. Z..i.. ..d Pl...i.. C...l..i.. ...ti.. .f Oct.ber 27 wer. re.d. M.ti.. v.. ..d. by Mr. Cka.bl..., ..c..d.d by Mr. ~.ya ... ..te. .. ....i....ly t. .r..t · ..ri..ce t. .. e......t .rdi...c. t. Hick. C...tructi.. Ce. f.r 205 Li.d. C..rt ..d t. .ppr..e . r...bdi.i.i.. pl.t f.r P.rkl..d Vill..e #1. . l.tter .f r..iaaati.. fr.. tke Citi.... ...i..ry C...itt.. pr....t.. by Mr. J.... I. Hick.y v.. r..d ... .ppr.... f.U..i.. ..ti.. by Mr. Sckv.rt., ..c..... by Mr. Duub ~J1\ \ ... ..te' .. ....~..ly. \~ City Ordi...ce #242 v.. r... ... .ppr.... f.ll..i.. ..ti.. by Mr. Xeya, ........ ~\by Mr. >>a..... ... ..te. up.. ....i..udy. Or.i...ce #242 f.ll...: \ '>J~I AI OIDIlWiCE lEPlW.IRG CITY OlDIIWICE # 47 AIm AMIRDIRG CITY OIDIlWICE # 121 BY SETnBG . TIME A1Q) PLACE POI MEETIBGS or 'l'R1 CIT!' OOUllCIL. BE IT OlDAlBm BY mE ClT!' OOURCIL or SalEITZ, TEXAS: Th.t City Ordinanc. #47. b.in. no lona.r d..ir.ble or con.eni.nt to th. coa.uct of city b..i.... ia her.by rep.aled a.d, That City Ordina.c. # 121 be ...nded to include that .11 City Co..cil aeetin... reaul.r ..d .p.ci.l, .kall be h.ld at.rtin. .t 7:30 PM of the day ach.d.led ..1... otherwi.e r..ched.l.d by co.,eteut ..thority. I l_ PASSO ARD APPJlOVO this the 14th d.y of October, 1971. /./ MAml ATTEST: /a/ City S.cr.tary ~\ Vater .nd ....r reb.te contract. vith ViiI... 1 & 2 and with lio Vi.ta wer. di.- \~~I c..... ..d t.bled foIl_in. aotion by Mr. Schwartz, ..concl by Mr. eIl...l... .nd ..,t.d o. ....i...dy. Rote ... ..de tlaat .ctual .ip" co.tr.ct. do .ot exist. Schooli.. for city ..,loy... va. di.c...ed ..d forthcoaina .chool ....io.. ..ri.. the ..xt y..r pr....t.d. Co..cil r.affiraed the po.ition that achooli.. dir.cted tow.rd job ~.tterae.t ia ..coura.ed .nd .tt..da.ce a.thoriz.d, ti.. p.raittia.. ,. ~\ a.adj..t.. flaure. ........ ...icipaliti.. for the .ub-r.lion thoroulhfar. .t..yc~ ~' vcr. di.c....d. D.ci.io. to c.-ait o.ly the bail.t.d -.aunt of $1000 ... .... follow- \ inl aotion by Mr. Schwartz, ..ooad by Mr.. beh .a. .oted o. ....iaously. City Ordinance # 240 v.. r.a. a.. appr"ed foUowina ..tion by Mr. Koya, ..coad.d '" \ by Mr. Claaable.. ..d 'YOted o. .naniao.dy. Ordi_ce # 240 follow.: \; \ \~ ORDllWICE AMIlIDlllG CanlR PJaVISlOR or '!'BE .) ...., d4 SUBDIVISION ORDINANCE OF 'mE CITY OF SCHERTZ, GUADALUPE roUNTY, TEXAS: BE IT ORDAIRED BY THE CITY OF SalERTZ. TEXAS: 1 That Section 20: PEDESTRIAN CIRCULATION: Section 20-1 SIDEWALKS OF THE SUBDIVISION ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, is hereby amended to read as follows: Section 20: PEDESTRIAN CIRCULATION 20-1: SIDEWALKS: Sidewalks of four (4) inches of Portland cement concrete and not les8 than four feet in width shall be provided on both sides of all streets within any lub- division area as defined by this ordinance. II That Section 22: LOTS: Section 22-2 Lot Dimensions; of the lubdivision ordinance of the City of Schertz, Guadalupe County, Texas, be amended by the addition of: Section 22: LOTS Section 22-2 B: .LOT DIMENSIONS Resdiential lots where served by public or approved central sewerage system shall be at least fifty (50) feet wide at the building setback line, at least one hundred (100) feet deep and have an area of at least seven thousand five~hundred (7500) square feet. III All ordinances and parts of ordinances in conflict herewith are lerewith repealed. PASSED AND APPROVED THIS THE 4th day of November, 1971. MA TOR A'n'EST: City Secretary Following city audit, a report of uncollectable delinquent taxes was prelented for 71 consideration for re.oval from the tax rolls. Following are tax receipt numbers in I~~' question: Year 1962, receipt numbers 619.620,96; Year 1965, receipt numbers 223. 280; Year 1966, receipt nua~er 607; Year 1967, receipt numbers l201, 1202. Motion was made by Mr. lCoym, seconded by Mr. Dunham and voted on unanimously to have the above items removed ; from tax rolls. Discussion vas held on bond issues. City engineer was asked to provide plans for the water main extension down Elbel Road and Pfeil St. and to proceed with the drainage pro- ject south of PM 78. Engineering work is being accomplushed on the street improvements and is expected to be completed within 30 days. Work on securing right-of-way and participation funds was requested of City Secretary. Mr. lCoym motioned, Mr. Chambless seconded and vote was unanimous to adjourn the meeting at 9:35 PM. 28 APPROVED: ~mt/k?~ MAYO. ATTEST: ~-' --J ;} ..~ Ci Y Secretary , fA 'j MWUTES OF THE MESTING OF THE CITY OOUNCIL OF S<lIEIn'Z, TEXAS Nuv~1BER ~, 1971 A regular meeting of the city council convened at the direction of Mayor Roy W. Richard at 7:30 p.m. in the City Hall. Aldermen in attendence were Mr. Raymond G. Koym, Mrs. Bobbie L. Koch, Mr. Jimmie V. Dunham, Mr. leon R. Chambless and Mr. Robert E. Schwartz. Reading of the minutes of council meeting he ld on October )0 and November 4 were read. Minutes of October 30 were accepted without change. Item 1. of the November 4 minutes is changed to read, "a motion to clear a small drainage ditch in front of the GVEC property." ~\ A suit being filed against nine pipe manuafacturing companies by the State of Texas ~?; in which the City of Schertz was included as a complainant was discussed. Motion \,'/ was made by Mr. Koym. seconded by Mr. Dunham and voted upon unanimously to withdraw the City of Schertz from the damage suit. \ Mr. Clyde R. Ford and. Hr. L. L. Rhea were reappointed as Commissioners r")f the Housing ~~ Authority of the City of Schertz effective December 1, following motion by Mrs. Koch. ~ seconded by Mr. Chambless and voted upon unanimously. '\ \ A proposal received from Universal City to provide police dispatch service for the .h~\rate of $150 per month was approved following motion by Mr. Chambless, seconded by ~ Mr. Koym and voted upon unanimously. Notice of a new permit for serving mixed drinks that may be issued by municipalities was discussed. City Secretary was instructed to prepare an amendment to existing ordinance for presentation to the council. ~--" I Judge Stewart. Justice of the Peace. ~ppeared before the council to offer his services as Municipal Court Judge for the City at a minimum salary of $100 per month. Councilman Chambless was asked to confer with Judge Cocke on the subject and City Secre-tary vas asked to review the city budget for means of financing the increased cost. The requirement for additional vehicle use was discussed to include pickup trucks and administrative vehicle. City Secretary was instructed to conduct a survey of equipment. Per Diem rates were discussed for city employees while on official business outside the city. A rate of $20.00 per day was established with a mileage rate yet to be considered. City Secretary was instructed to prepare a resolution. Purchase of park equipment was discussed with new cost figures provided by Chief Schoonover. A meeting was scheduled for Nov. 16 between Police and utilities Cv.......:.ssioners to arrange selection of equipment. 1 and council members informed;; U The Urban Renewal South pro ject was dis cussed brief y on details of a meeting held with Marmon Mok & Green. Mayor Richard asked the council for permission to contract with the architectural and engineering firms for a preliminary study of the project in order to determine the approach to be taken. Price quotations for the preliminary study will be forthcoming in the next few days and voice vote will be taken at that time. Park development program was discussed and a plan presented to purchase approximately six acres of the total 18 acre site. Six acres will provide approximately 1 acre for the Scout Hut location and five acres for the proposed swimming pool/concession stand complex. Present dedicated streets in the park area will be offered in trade to HOD for a like amount of land in the area desired for purchasing. Codification of city ordinances was presented to the council. Concensus of opinion revealed the project should be delayed until Home Rule Charter proceedings have been determined. Request was made by City Secretary to delay purchase of a new typewriter and substitute a calculator therefore. Mr$. Koch motion. Mr. Koym sedDnded and vote was unanimous to .7{ approve the change. /IJ.-LP Application for electrical license by Kenneth Kirtner w~ tabled pending submission of bond and license fees. Mr. Chambless motioned, Mr. at 9:30 p.m. ATTEST:,i?4~ ~;~retary Koym seconded and vote was unanimous to adjourn the C~h?~L-v Mayor ' . meeting APPROVED: MINurBS OF THE l1t<.i~TING OF THE CITY COUNCIL OF SCHBRTZ. TEXAS HSLD ON DECEMBER 2, 1971 The regular meeting of the city council convened in City Hall at the direction of Mayor Roy W. Richard at 7:30 p.m. Aldermen in at~endance were Mr. Raymond G. Koym, Mrs. Bobbie L. Koch, Mr. Robert ~. Schwartz, Mr. Jimmie V. Dunham and Mr. Leon R. Chambless. Minutes of the meeting of November 11, 1971 were read and approved without change following motion by Mr. Dunham, seconded by Mr. Koym and voted upon unanimously. A council meeting was called for Dec. 16 for the purpose of hearing a presentation by Mr. Mok and the Urban Renewal Director on the urban renewal project south of FM 78. Application for electrical license by Kirtner ~lectric of Marion was approved followiDg motion by Mrs. Koch, seconded by Mr. Schwartz and voted upon unanimously. /1'1-7/ Mr. ado Riedel appeared before the council to issue a complaint about the Police Dept. A written request for specific information was supplied by the Chief of Police to wit: Traffic tickets issued from Oct 20 - Nov 17, 1971 -_ 82: tickets dismissea _ 6: tickets issued on ~1 78 -- 45; tickets issued on FM 3009 -_ 3; no shoWB at court __ II; total fines collected $790.00; court coats $87.00; cases brought forward __ 21. City resolution 1007 establishing per diem and mileage rates was approved foilimowing /~?7/ motion by Mr. Chambless, seconded by Mr. Dunham and voted upon unanimously. Resolution 1008 relating to vacation policy was approved follOwing motion by Mrs. Koch, seconded by Mr. Chpmbless and voted upon unanimously. Resolutions 1007 and 1008 follow: /~9-7/ 40 A RESOLUTION A RESOLUTION AFFIXING PER DIEM RATES FOR CITY EMPLOYEES AND AUTHORIZING PAYMENT OF MILEAGE ALLOWANCE FOR THE USE OF PRIVATE AU.Lu.-IOBILES. BE IT RESOLVED BY mE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: WHEREAS, the city employees of the City of Schertz, Texas are required in the con- duct of city business to travel to localities outside the City of Schertz and that such travel involves additional personal expense and, WHEREAS, the city employees of the City of Schertz, Texas are required to use pri- vate vehicles in the conduct of city business and are due adequate compensation for such use, BE IT RESOLVED BY THE CITY COUNCIL OF mE CITY OF SmElTZ. TEXAS: That rates are hereby established to provide per diem and mii~age reimbursement as follows: PER DIEM: A standard per diem rate of $20.00 per day shall be authorized each employee who shall be conducting city business for more than a 24-hour period at a location 60 miles or more removed from the City of Schertz. Per Diem will not be authorized at locations of less than 60 mile. distance from the City of Schertz with the exception of the conduct of business that requires attendance in excess of a span of time exceeding 12 hours daily, a per diem rate may be authorized. Per Diem paid for les. than a full 24-hour period shall be ba.ed on meal. and lodging used during that period. Rates for ..als and lodging shall be: Morning meal....................$1580 Noon mea 1 ...................... 2 . 00 Evening me.l.................... 3.50 Lodging. . . . . . . , . . . . . . . . . . . . . . . . .13.00 When acc~dations at the per diem location have been pre-arranged by the host organization and the taking of lodging and/or meals is required at a specified place, the cost as.essed by the host organization shall become the per diem rate for that trip whether costs are higher or less than the standard $20.00 rate. MILEAGE: A rate of $.10 per aile .hall be allowed city employee. for the u.e'of private vehicle. used in the conduct of city buslness. Such payment will be paid one monthly following .ubmis.ion of a voucher by the employee. Such voucher shall li.t the date of travel, business conducted, starting ai1eale, end mileage and signed by the ..ployee. All vouchers .hall be submitted to the Trea.urer, City of Schertz, who will exercise approval autheeity and effect payment on the 10th day of the month following the month for which claim is made. PASSED AND APPROVED TRIS the 2nd day of December, 1971. Is I Mayor I \- ATTEST: Is} ~~Y ..ijtWW'-;IIIL.,.y -1.1 ;:1 -~ 1 A RESOLUTION A RESOLUTION AITHORIZING ANNUAL VACATIONS FOR CITY EMPLOYEES ESTABLISHING A METHOD OF ACCRUING VACATION TIME, IMPOSING LIMITS AND PAYMENT FOR UNUSED VACATION TIME UPON TERMINATION OF POSITION. BE IT RESOLVED BY mE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: WHEREAS, the city employees of the City of Schertz are entitled to annual vacations for the purposes of relaxation and, IHEREAS, She City of Schertz must maintain regular services to residaats by continuous operation of all city functions and, WHEREAS, a means of due compensation in lieu of accrued vacation time needs to be established within fixed limits, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SaIERTZ, TEXAS: That the following means of vacation time accrual, application for vacation leave, limits of authorized vacation leave accrual, and payment in kind is hereby e.tablished; VACATION TIME ACCRUAL: Annual vacation time will accrue to employees at the following rete: Employees (1-5 years seniority)-------------------6 hrs. 40 min. per month Employees (5-10 years seniority) uuu_uu_______8 hours per month Employees (over 10 years seniority)---------------lO hours per month APPLICATION FOR VACATION: The supervisor or head of each department shall receive employee applications for vacation leave and maintain a roster of approved vacations. Seniority will hold the right of selectivity except in cases of emergency. No application for vacation will be approved, except for emergency, until one year of city employaent has transpired. Supervisor or department head approval of vacation leaves will be submitted to the next higher authority for review and final approval. Vacations in excess of three days should be planned in advance and approval received as stipulated above. Supervisors or department heads will have the authority to approve vacations of lesser time. Rosters of vacation time. used and accrued, will be submitted to the City Treasurer at the close of each calendar year. VACATION LEAVE ACCRUAL: Each department head or supervisor will maintain a roster of accrued vacation time fof each employee under his/her jurisdiction. The roster will be posted monthly to reflect monthly accrual. total accrual, monthly expenditure and programmed vacations. . Accrual of vacation time may not exceed a total of two years authorized vacation time based on the highest authorized level of accrual for tbe month in Which posting occurs. " i As an example, an employee with less than five years seniority accrues one year s vacat on 42 time. The next year, seniority passes five years and a higher vacation accrual is authorized. The employee may now accrue a total of 192 hours. The hourly accrual is based on an 8-hour work day. All accrued vacation time in excess of accrued authorization will be dropped from the vacation leave roster effective December 31 each year. APPLICAnON FOR. VACATION LEAVE: Department head. or .upervisors may authorize vacation time not to exceed two days without prior approval. Vacation. in excess of two days duration must be presented to the department head or supervisor in sufficient time for the department head or supervisor to schedule workload and to .rant approval of such request. Normally, no vacation will be .ranted in exces. of two days without an application request being submitted ten (10) days in advance of desired leave. Department heads or supervisors may grant emergency vacation leave time for extended duration without prior approval. In establishing a vacation leave roster where two or more employees are vieing for ' like vacation dates, the person holding seniority shall be given first preference except in cases of emergency. PAYMENT 1M XIlU): Unused vacation hours ..y be collected at termination of ..plo,-.nt not to exceed the accrued authorization limit. Payment will be pro-rated on the basis of a 22-working day month. Hourly accrual payment will be at the existing salary in effect at the time of termination of employ- ment. I. I i PASSED AWD APPROVED mIS the 2nd day of December, 1971. ATTEST: Is/Roy W. Richard Mayor Robert C. Bueker /s/ City Secretary Salary range for the position of Asst utilities Superintendent was discussed and salar,y set for $4.50 - .500 dependent upon qualifications of the individual. Discussion was held on annexation of the Rittiman Addition and stra~gotening the ETJ lines of Universal City - Schertz north of the city. City Engineer was instructed to proceed with the necessary action. A proposed ordinance to abandon streets in the park area to to invoke a Quit Claim deed against such property was submitted by Urban Renewal for council action. This item ~as ~tabled pe~ding investigat" on into the possibility of acquiring a like amount of requ~red ~ park area from HOD in reui1nn. Motion to table the item was made by Mr. Chambless, ~Q seconded by Mr. Dunham and voted upon unanimo6sly. \ f .} The str,""et bond issue WRS discussed and the possiblity of condemnation actions ~t",) . to be c~nsidered presented to the City Attorney. Decision to acquire right-of-ways by Jan 1, 1972 was reaffirmed. A scheduled meeting of the community council on Ded. 8 was mentioned by Mayor Richard. A previous mepting precludes the Mayor's attendence and City Secretary was instructed to attend. Agenda includes a proposal for use of all cities recreational facilities by the Tri-City Junior Athletic League. Council position is not to ?articipate on a full-commitment basis until disclosure is made of locations and physical facility costs incurred by all cities. A request by "Sdgar VonScheele for replatting of the Val Verde subdivision was presented. Replatting will consist of restructing lot sizes to larger lots and movement of ;)1#1J p~viously installed utilities to fit the new lot configuration. Council approval J of the intent was given and City Secretary instructed to inform Mr. VonScheele to ')roceed. City Secretary presented information to council members concerning the purchase of new billing equipment for City Hall. Selection was made of the Burroughs L3000 system at 8n aporoximate cost of $14.500. City Secretary was instructed to place the order. City Attorney pres~nted a draft of an ordinance levying occupation texes. Council requested the or1inance be finalized for presentation at the next meeting. Mr. Dunham motioned. Mr. Chambless seconded and vote was unanimous to adjourn the meeting at IO:4o p.m. ATTU:ST: /~ L? / ,;:A:c~v City Secretary APPROV4:D: O--d~ Ma;;d MINUT~ OF THE MEETING OF THE CITY COUNCIL. CITY OF SCHSRTZ t TEXAS H-q:LD ON DE~HBSR 16, 1971 A regular meeting of the city council convened at the direction of Mayor Roy W. Richard at 7:30 p.m. at City Hall. Aldermen in attendence were Mrs. Bobbie L. Koch. Mr. Raymond G. Koym. Mr. Leon R. Chambless and Mr. Robert E. Schwartz. Absent was Mr. Jimmie V. Dunhq Minutes of the meeting of December 2. 1971 were read and accepted without change. Mr. Archie Woodward. Fire Chief, presented the need for new signal lights on fire Deoartment vehicles in conformance with ne,-y state requirements. Estimated cost was $80.00. An additionCiI request was made for additional fire hose to allow a complete change of hose for both fire engines. 1000 feet of hose is needed at this time. Authorization was given by the council to use $500.00 allocated in the budget for painting of the fire station for purchase of the hose. An additional amount of $250.00 for hose purchase and $80.00 for li6hts was authorited from the generll fund following motion by Mr. Koym, seconded by Mr. Schwartz and voted upon unanimously. Fire Dept. is requested to include the remaining hose requirem~nts in next year's budget. /..5'2-7/ Mr. Bill Altman, Chairman of the Youth Activit.ies Committee Community Council made a presentation to council members on a CO;'1prehensive Area Youth Program. A programmed three_year cost to initiate the program would amount to a $5,019 annual expenditure to Schertz. No decision was rendered. . Mr. Jackson and two o~her citizens aopeared before the council to complain on the slowness of str~et c~nstructioD in the Urban Renewal arAa. They were asked to present their case to the Urban Kenewai Agency. 44 The December la, 1971 minutes of the Citizens' Advisory Committee were reaa. The problem of rush traffic on FM 78 was discussed. Chi~f Schoonover stated their now exists a 60-second traffic light lapse east-west and a 40-second lapse for north-south traffic. A recent discussion with Highway Department personnel was inconclusive; however, a left turn indicator has been ordered for the First st. crossing. 1\\ Discussion was held on acquisition of Rittiman Addition. Mr. Schwartz motioned. ~ Mr. Chambless seconded and the vote was unanimous to proceed with legal requirements ~ for release of ETJ by Universal City and annexation by Schertz. \ ~ The annual audit for the City of Schertz completed by Stapper and Allen was discussed ~\ and the City Secretary instructed to have applicable portions published in January 9 following motion by Mr. Chambless, seconded by Mrs. Koch and voted upon unanimously. Resolution 1009 relating to the elimination of $20,000 libiality from the City General ^\ Fund was passed following motion by Mr. ChBmbless, second by Mrs. Koch and voted upon b~ unanimously. Resolution 1009 follows: . \ A R4;SOLUTION A R~SOI1J'!'ION PUTHORIZING THE REMOVAL OF $20.000.00 IND~BTEDNESS FROM Till CITY OF SCHl"~TZ GSN~RPL FUND.TO Tffi CITY OF SCHRRTZ WA'f4.:R\<(1RKS GENERAL FUND. B~ rr RESOLV1ID BY THT<: CITY COUNCIL OF THE CITY OF SCH~RTZ, TEXAS: WHEREAS. an indebtedness has occurred over the past several years to the City of Schertz General Fund, and. WHEREAS. the City of Schertz Waterworks General Fund has, periodical~ transferred funds to the City of Schertz General Fund and currently carries as a current assest an amount of $21.680.13 as a result of these transfers and, ,~ 1rlH1':REAS. the City of Schertz General Fund has annua1~ retired the bonded indebt- edness and interest on the City of Schertz Sewer Bonds, Series 1962 and revenues collected in the form of sewer charges have been retained by the Ci. ty of Schertz Waterworks General Fund; therefore. m IT R1<.:SOLVTID BY TH~ CITY OOUNCIL OF THE CITY OF Sa1ERTZ, TE:XAS: That the balance sheet of the City of Schertz WateM~orks General Fund'be changed to eliminate $20.000.00 of the existing $21,680.13 ~ported as CURRENT ASSETS and that the balance sheet of the City of Schertz General Fund be changed to reflect ~limination of $20.000.00 of the existing $21.680.13 reported as a LIABILITY under Accounts Payable. PASS~D AND APPROVED THIS THB 16th day of December 1971. ATTJ=':ST: /s/t/ Roy W. Richard Mayor /sft/ Robert C. Bueker Ci ty Secretary Resolution I 1009 A bill received from W. H. Mullins. Ind. for services performed in support of the Nov. 29 public hearing with Water Quality Board in the amount of $1420.50 to be paid joint~ L. by Universal City and Schertz was tabled pending further consideration of timeliness of payment. Previous understanding was that engineering and fiscal charges would be deferred until establishment of CCM A and incurred charges would then be paid from bond proceeds issued by that agency. . ~L) A Gommunity Services Agreement between the City of Schertz and the was read and approved following motion by Mrs. Koch, second by Mr. upon unanimously. Housing Authority Schwartz and voted /5/;,--7 J The subject of rebate contracts to Mr. Riedel for Rio Vista subdivision and .to Mr. John Schaefer fO{.Village I and Village II was discussed and appro-ped f.ollowing 57-'ll motion by Mr. Kojm, second by Mrs. Koch and voted upon unanimously. I Discussion on a hospitalization program for city employees was tabled until the next council meeting. Mr. Schwartz presented bid from Hoefler Equipment Co. for a gang mower, shredder and aerator for use in park maintenance. Mrs. Koch motioned, Mr. Chambless seconded and wotanwas unanimous that equipment be purchased. /sg-7/ The next scheduled meeting was set for Dec 28 at 7:30 p.m. and the Jan 6 meeting was cancelled . Discussion was held GD the Preliminary Development Plan presented by Marmon. Mok JS1,7/ and Green. Council members expressed dissatisfaction with the report. Mr. Chambless motio~ed, Mr. Schwartz seconded and vote was unanimous that the City Secretary write the Planning Consultants stating that the preliminary plan is unacceptable as written. Mr. Chambless motioned. Mrs. Koch seconded and vote was unanimous to adjourn the meeting at 10:35 p.m. ATT1>ST: , ~(ft~../ APPROVl'..D: M,e~~ ~ City Secretary MINUTES OF THE MEETING OF THE CITY OOUNCIL, CITY OF SrnERTZ, TEXAS, H~LD ON DECEMBER 28, 1971 A special session of the city council was convened at the direction of Mayor Roy W. Richard. Aldermen in attendance were: Mrs. Bobbie L. Koch. Mr. Jimmie V. Dunham, Mr. Leon R. Chambless and Mr. Robert ~. Schwartz. Absent was Mr. Raymond D. Koym. Mr. Hoyle M. Osborn, representing the firm of Marmon. Mok and Green. briefed the council on development of the comprehensive plan. indicating a close working relationship would be established during the preparatory stages. A motion to enter into the Comprehensive Planning Contract was made by Mr. Chambless, seconded by Mr. Dunham and voted upon }(,0-7/ unanimously. A renewal contract from RAS Sanitation Co. to operate within the City of Schertz during calendar year 1972 was presented. With some preliminary discussion held on the possi- 1/ b:hlttp: of franchising, motion was made by Mr. Chambless, seconded by Hr. Dunham and I{,I- voted upon unanimously to present a conditional contract to R.A.S. Co. at the rate of $2.00 per mont~ until such time as the question of franchising is resolved. 1{P:l.~71 Petition for annexation of acreage in and around the intersection of F.K 3009 and IH 35 was presented to the council. Motion was made by Mrs. Koch, seconded by Mr. Schwartz and voted on unanimously to publish notice of public hearing on January 5. 1972. conduct public hearing at 7:30 a.m. on January 17 and adopt ordinance of annexation January 27. Mr. Dunham motioned, Mrs. Koch seconded and vote was unanimous to adjourn the meeting at 10:20 p.m. ATTEST: it:r/~d < Lf" '/~~ City Secretary APPROVED: 62 0/ ~~ MaYOr~ <-1 () MINUTES OF THE l'l",t<,'lING OF TH~ CITY COUNCIL, CITY OF SCIffiRTZ. TEXAS. ~LD ON JANUARY IJ. 1972 The meeting was called to order by Mayor proTem Raymond G. Koym at 7:;0 p.m. in the City Hall. Aldermen in attendance were: Mrs. Bobbie L. Koch, Mr. Jimmie V. Dunham and Mr. Leon R. Chambless. Absent was Mr. Robert E. Schwartz. ~<\\PPlicPtion for electrical license by Mr. William L. Little was denied after review ~ of applic2tion. Application did not contain requirements set forth by ordinance. \ Motion waS made by Mr. Chambless, seconded by Mrs. Koch and voted upon unanimouslY to notify Mr. Little of the denial. ~ ~Resolution I 1011, setting General "Election for April 1, 1972 was read and approved ~ following mot~on by Mr. Chambless. seconded by Mr. Dunham and voted upon unanimously. ~Mr. Malford Brehm, Cha~tman, Citizens Advisory Committee, requested Mr. Harold Baldwin, ~ Mr. Charles V. Peifer and Mr. Charles R. Peck be appointed as members of the committee. ~ Motion was made by Mrs. Koch. seconded by Mr. Dunham and voted on unanimously to appoint ': all three as members. A request from Mrs. Bennett to appoint Mr. Edgar Johnson to the Citizens Advisory Committee was denied on the basis that Mr. Johnson is currently ~emQloyed by the city. Additional request was received from Mr. Brehm to have Mr. Hil1ner ~?immerman and Mr. Hershel Johnson removed from the Citizens Advisory Committee. Action ~ was approved following motion by Mrs. Koch, secondea by Mr. Chambless and voted upon ~ unanimously. ~A letter from AACOG announcing the Summer College Work-Study Program for 1972 was read ~\ and request made by the City Secretary for the employment of two (2) students to assist \9 in completing city tax records. Approval waS granted for hire following motion by Mrs. \ Koch. second by Mr. Chambless and voted upon unanimously. ~A letter from Mrs. Bennett, Welfare Director. requesting the appointment of Mrs. ~ Hargraves. 600 River Road. as Assistant Welfare Director was acted upon favorably ~ following motion by Mrs. Koch, second by Mr. Chambless and voted upon unanimously. I. r- L_ . \ Charles Cross, City gngineer, briefed the council on the street Improvement and Water :Improvement bond issues. It was agreed to bave two separate contracts, to advertise ~~ for bids on January 19th and to open bids on Feb. J following motion by Mr. Ghambless, \ second by Mr. Dunham and voted upon unanimously. Contract will be for 150 working daY$. Disposition of earth removal from the project will be on Mr. VonScheele's property at the south end. Mr. Riedel appeared before the council to explain his reasons for building his new store outside city limits, quoting tax and higher insurance costs as the primary issues. No action was taken. ~Discussion was held on providing temporary sewage service to Greenfield Subdivision. ~Agreement was reached to provide a lift station and four-inch line to connect the present ~Greenfield outfall line and the Village f; system, all work to be done by contract. \ Motion to accomplish the project was made by Mr. Dunham. seconded by Mrs. Koch and voted upon: Ayes Mr. Dunham, Mrs. Koch. Mr. Koym - Nays: Mr. Chambless. Motion carried. Discussion was held on renaming of ~lbel Road and Live Oak Road. Agreement was reached to rename ll.:lbel Road to Aero live ,following motion by Mrs. Koch, second by Mr. Chambless a~d voted on unanimouslY. Further motion was made to have Hrs.. Koch contact the High I ~School Student Council to solicit their support in renaming Live Dek Road on its notth- ~ south axis and presenting the City Council with their selection. Following motion by' ~Mr. Dunham, second by Mr. Chambless and voted upon unanimously, Mrs. Koch wi~l proceed to contact parties concerned. .J-7 Request was made of Charles Cross. City Engineer, to provide field notes establishing ~TJ boundaries north of the city. Action will be forthcoming. Further discussion was held on annexations and agreement reached to proceed immediately to the north and west along IH 35. A reversal of legislation which prohibited insuri~g city employees fo: ?roper~y , damage liability was revealed by Brewer and Assoclates. Cost of provldlng thls I~ coverage on the present policy is $135.00. Annual cost will be $206.00 Motion1~ was made by Mr. Dunham, seconded by Mrs. Koch an1 voted upon unanimously to \ provide coverage. Mr. Chambless motioned, Mrs. Koch seconded and voted was unanimous to adjourn the meeting at 10:35 p.m. A'T"RST : kkj;~ City Secretary APPROVED: ~ ~ {--1\.o-A/1/ Q..~ ~ ' Mayor 'ro Tem MINUT~S OF THE MS~ING OF TID: CITY COUNCIL. CITY OF SCHERTZ. T~XAS. H4.:LD ON JmtUARY 17, 1972 A special meeting of the city council convened at the direction of Mayor proTem Raymond G. Koym at 7:30 a.m. in City Hall. Aldermen in attendance were Mrs. Bobbie L. Koch, Mr. Leon R. Chambless, Mr. Jimmie V. Dunham. Absent was Mr. Robert ~. Schwartz. A notice of public hearing proposing the annexation of territory including ~, properties of Browning, Mueller, Klabudde. Knight. Carter and the business 1~'.' of Country Corner Was read. No opDosition to the annexation was voiced. \ . Motion was made by Mr. Chambless. sec"nded by Mrs. Kock and voted upon unanimously to adopt ordinance completing the annexation on January 27 and to accept the public hearing as evidence that no opposition exists to such annexation. ./7 ATTEST: /; ;; ~/ /j ;;Ak/&-~ City Secretary APPROVED: ~ ~ _ J -G?" ~~ Mayor 0 Tem ~ MINUTES OF THE MEETING OF THE CITY COUNCIL. Cry OF SaiERTZ, 'RXAS. HELD ON JANUARY 20, 1972 A regular meeting of the city council convened at the direction of Mayor Roy W. Richard at 7:30 p.m. in 6ity Hall. Aldermen in attendence were Raymond G. Koym, Mrs. Bobbie .L. Koch, Mr. Leon R. Chambless and Mr. Robert E. Schwartz. Absent was Mr. Jimmie V. Dunham. Minutes of the city council meetings held on January 13 and January 17 were read and approved without change. A letter received from Universal City requesting a connection between water mains 1~ of the two cities in the vicinity of the Schertz pump located in Universal City 1/ for the purpose of emergency source was discussed. Following motion by Mr. Chambless, second by Mrs. Koch and unanimous vote. the city secretary was instructed to inform Universal City that connection could be made at their cost with installation of a meter to record usage. Prevailing rate applicable to other bulk distribution 48 users will apply to water used for emergency use by Universal City. City Secretary was instructed to review the current water contract with Cibolo and report to the City Council at the next meeting. Proposals on group hospital insurance coverage of city employees was again discussed and council members advised to be ready to vote on the issue by the Feb. J council meeting. Home Rule Charter was briefly discussed and copies of other cities' charters distri- buted to council members for review. ~Mr. Floyd Westermann. City Financial Advisor. presented bond amortization schedules ~ for the 1971 street Bond Issue. Following discussion, the 25-year schedule was selec- ~ ted. Motion for sale of bonds on the 25-year schedule was made by Mr. Koym, seconded by Mrs. Koch and voted upon unanimously. _~n relation to the 1971 Street Bond Issue. Mr. Westermann requested an option contract ~e initiated blirtween Texas Securities Corp. and the City of Schertz, authorizing the I Corp. to purchase bonds at a price of par plus accrued interest, plus a premium of ~ $500.00. Motion to approve the contract was made by Mr. Chambless, seconded by Mr. Koym and voted upon unanimously. ~A previous council item relating to the projection of Randolph Ave. north through the J Val Verde subdivision was discussed and motion made by Mr. Chambless, seconded by ~ Mrs. Koch and voted on unanimously to retain the original projection of Randolph Ave. as originally platted. ~)Discussion was held on the proposed north drainage ditch project. Motion was made tfby Mr. Koym, seconded by Mrs. Koch and voted on unanimously to have Mr. Cross, City {~ ~ngineert proceed with a preliminary survey of the project. Further discussion V was held qn the south drainage project. Mr. Cross stated grade levels had already been established proving feasibility of the project. Right-of-way is now required. Mr. Cross will arrange to provide field notes. ~Needs for city expansion through annexation was again discussed. The City Engineer '.\ will require survey work to be accomplished to secure accurate field notes. Mrs. Koch \9 motioned, Mr. Chambless seconded and vote was unanimous to allt'''a maximum of $I,OOO in survey monies for the project. r I. : Mr. Cross discussed existing problems in the Urban Renewal Project citing lack of communication with city administration and misunderstanding of the Urgan Renewal function as principal ailments. A thorough briefing of the council followed to provide current progress. Continued briefings will be provided in the future to establish rapport between parties concerned. ~one of the past existing problems of Urban Renewal concerns payment for surveys of ~ properties on Randolph Ave. to determine encroachment of city property. Urban Renewal ~ cannot pay fqr these services from their funds. Motion wa:: made by Mr. Koym, seconded by Mrs. Koch and voted on lmanimously that the city pay this bill from the City General Fund. A prepared ordinance and quit claim deed relating to vacating city streets in the city park area was delayed until January 27, pending legal interpretation of the city's right to trade this land for other city park land. ~City Ordinance //: 24JAauthorizing the Mayor and City Secretary to sejtle ETJ problems ~ with Universal City by written agreement as attached was approved following motion by Mr. KoYTn. second by Mrs. Koch and approved uninimously. Ordinance //: 24J~ollows: -iD Ordinance 1243Afollows: AN ORDINANCE AUTIlORIZING TIlE MAYOR AND CITY SECRETARY TO SIGN TIlE ATTACHED AGREEMENT MARUD "ATTA\dU"UI.l-lT A" FOR THE PURPOSE OF RESOLVING EXTRA TERRITORIAL JURISDICTION LINES BETWEEN THE CITIES OF UNIVERSAL CITY, TEXAS AND SCHERTZ, TEXAS. WHEREAS, the extra territorial jurisdiction boundaries of the cities of Universal City and Schertz, Texas are now in conflict and not clearly defined and, WHEREAS, it is the desire of the City Council of the City of Schertz to have clearly defined boundaries and to execute same with Universal City, Texas under the authority of Article 970 A, Vernon's Annotated Texas Statutes also known as the Municipal Annexation Act. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: The Mayor and City Secretary of the City of Schertz, Texas are hereby authorized to sign the attached agreement marked Attachment A for purposes of binding the City of Schertz, Texas to said agreement resolving all overlapping extra-territorial juris- diction with the city of Universal City, Texas under the authority of Article 970A, Vernon's Annotated Texas Statutes, also known as the Municipal Annexation Act. Upon signing of such agreement by the Mayor and City Secretary such agreement shall be binding on the City of Schertz, Texas. PASSED and APPROVED on this the 20th day of January, 1972. /s/ Mayor ATTEST: /s/ City Secretary (City Seal) "ATrACHMENT A" AGREIMINT BETWEEN THE CITIES OF UNIVERSAL CITY, TlXAS AND SCHERTZ, TEXAS RESOLVING OVERLAPPING EXTRATERRITORIAL JURISDICTION. INOW ALL MEN BY THESE PRESENTS: that the city of Universal City, Texas and the city of Schertz, Texas for the purposes of resolving a present conflict arising from the overlapping of each respective city's extraterritorial jurisdiction in consideration for one another's consent to this agreement hereby agree that the following metes and bounds description shall constitute the common boundary of each respective city's extra- territorial jurisdiction at the geographical locations included in such descriptions which are as follows: Tract (1) o Beginning at a point established by a distance of 4,250 feet N 60 41'E from the present boundary of Universal City to a point on the center line of Cibolo Creek, and thence along the present boundary of Universal City, said boundary being the center line of Cibolo Creek in a southerly direc.tion a distance of approximately 5,000feet to a point on the southe.st property ~o line of the Milton Ackermann 114.94 acre tract, and thence in a northeasterly direction along the southeast property line of the Milton Ackermann 114.94 acre tract, a distance of approximately 2,124 feet; Beginning from such point as established above thence in a northwesterly direction crossing the G. C. Boggess, Sr., 133.56 acre tract and crossing the Allan H. Biegert 101.45 acre tract, a distance of approximately 3,050 feet to the most eastern corner of the George Gesche 25 acre tract; Thence in a northwesterly direction along the northeast property line of the George Gesche 25 acre and 105 acre tracts, a distaace of approximately 2,500 feet to a point on the southeast property line of the Fred Helmke 114.44 acre tract. Tract (2) Beginaiag at the centerline of Cibolo Creek and the south lOW of the Southern Pacific R.R. which point is now the common boundary of Universal City and Schertz, Texas, Thence extending southwesterly along the south ROW of the Southern Pacific R.R. to a point in the city limits line of Universal City, Texas, Thence, across FM 78 in a southeasterly direction along the pre.ent city limit. line of Universal City, Texas to a point in the property line of Randolph Air Force Ba.e, thereby extending extra territorial juri.diction t. the City of Schertz of all propertie. lying .outh of the Southern Pacific R.a. ROWand ea.t of Ran- dolph Air Force Ba.e. Wherefore the re.pective Mayors and City Secretaries of the cities of Universal City and Schertz, Texa. hereunto have affixed their seals and .ignatures after authorization having been duly obtained by ordinance from their respective City Councils, this agree- ment therefore being executued in the City of Universal City, Texas on the day of , 1972; and this agreement also being executed in the City of Schertz, Texas on the day of , 1972. Universal City, Texa. City of Schertz, Texas Mayor Mayor City Secretary City Secretary ~ (City S.al) (City S.al) {\Discussion was held on the forthcoming Central Texas Trail Rider Day. Feb. 9. Motion I ~ was m8de by Mr. Chambless. seconded by Mr. Koym and voted on unanimous~ to adopt a resolution declaring Feb. 9 as Central Texas Trail Rider Day. Mr. Cross recommended an amendment be made to the subdivision ordinance placing a charge of $50.00 for reinspection fee required from the City Engineer on subdivision work. City Secretary was instructed to contact the City Attorney to have the pro_ posed amendment written. ATTti;ST: /r1Aulv City Secretary by Mr. Chambless at 10:40 p.~. APPROV8D: My G2~ Mayor :>1 Motion to adjourn was made MINUTES OF 'rID: MEETING OF TH4; CITY COUNCIL, CITY OF SCHERTZ. TEXAS HRLD ON JANUARY 27. 1972 The regular meeting of the c.ity council convened at the direction of Mayor Pro-Tem Ra~nond G. Koym at 7:35 p.m. in city hall. Council members present were: Mrs. Bobbie D. Koch, Mr. Ji~ie V. Dunham and Mr. Leon R. Chambless. Absent was Mr. Robert E. Schwartz. Minutes of the meeting held on January 20. 1972 were read and approved without change following motion by Mr. Dunham, seconded by Hr. Chambless and voted upon unanimously. Hayor Richard arrived and assumed control of the meeting at 7:50 p.m. Members of the Citizens Advisory Committee appeared before the council to discuss the ?J proposed Schertz Community Fund Program. Question was raised concerning the legality ,~ of a committee of city government to organize and management such a fUnd. Hotion was ,0 made by Mrs. Koch. seconded by Mr. Koym and voted upon Ayes - 3. Nays - 0, Mr. Dunham abstaining to give city council consent for the Citizens Advisory Gommittee to proceed with the formation of a Community Fund Charter. In the interim period, the l~~~~ity of the program will be determined by the City Attorney and, when determined, written notice will be proyided the Chairman. Citizens AdVIsory Committee. Members of the Zoning and Planning Commission met vnth the city council to review the traffic thoroughfare and land use programs outlined by Marmon, Mok and Green, Inc., planninl consultants. A second progress briefing will be held on February 17. Recommendation was made by the Mayor th3t the scheduled city council meeting for that date be postponed if posdble. A proposal to vacate city streets in the proposed park area was tabled follOl-Jing motion 1" by Mrs. Koch, seconded by Mr. Koym and voted on unanimously. Preliminary legality of ," the city's right to sell or tn.de such lands for other public use lands has been refuted by HUD. City Secret3ry will seek ruling from the Texas Municipal League. Gity Secretary was further requested to .vrite the Scouting Association, outlining the oroblems involved in acquiring land for construction of their new facility. A request by the Utilities Supervisor to have his personnel equipped with home telephones to facilit~te servicing emergency calls was discussed. The City will have to co-sign for phone service and guarantee payment of the base rate for phone service in the event ,1~ of default by employees. Mrs. Koch motioned, Mr. Chambless seconded and vote was I~ unanimous to approve the reqll'''st. A letter from the Urban Renewal Director requesting the removal of Mr. Roland Slbel from the Urban Renewal Committee by reason of failure to meet residency requirements was appro- ved following motion by Mr. Koym, seconded by Mr. Chambless and voted on unanimously. 1~ The selection of a replacement for ~x. Elbel's position was delayed until the Feb. 3 13~ ~ meeting. The Urban Renewal annual report covering the period of Dec 9, 1970 to Dec 9, 1971 was read and discllssed. 'T'he report will be on file in the Urban Rene..ml offices and City Hall for detailed analysis. .rA~ Resolution # 1012 declaring February 9 as Central Texas Trail Rider Day was read and , passed f~llowing motion by Mr. Dunham, seconded by l1r. Chambless and voted on unanimously. Motion was made by }tr. Chambless, seconded by Mr. Dunham and voted on unanimously to sign 1t a payment voucher from the State to Marmon. Mok & Green, Inc. for work performed on the~- Comprehensive Plan. 52 Mr. Walter Schertz. Urban Renewal Director briefed the council on the results of a feasibility study performed on the Buffalo Valley South Project. Unanimous agreement of council members was voiced advocating work continue on Buffalo Valley South. Project improvements costs were projected and accepted as feasible. Mr. Cross, City Engineer, provided copies of bid specifications for review by council members. ~ ~Ordinance "" 243 annexing territory on IH 35 was read and approved following motion by ~Mr. Dunham, second by Mr. Chambless and voted on unanimously. Ordinance '* 243 follows: I ORDINAN~ NO. 243 ANN~XING THE ~Rl!:INAl'p,rr. DRSCRIB~D T~RRITORY TO THE CITY OF SCH~RTZ, GU!\DALUPE COUNTY T~XAS. AND SX'RNDING T~ BOUNDARY LIMITS OF SA1D CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROP~RTY rtJ[ THIN SAID CITY LDITTS. AND THE RIGHTS AND PRIVIlEGF,s OF O'ffiER CITIZENS AND BINDING SAID INHABITANTS BY AU OF M AGrS, ORDTIIANCES. RESOLUTIONS AND REGULi''T'IONS OF SA ID .cITY. WHEREAS, a petition has been signed by a majority of the property owners who are citizens of the State of Texas and inhabitunts of the following described territory, to-wit: ~GINNING at a point in the east R~N line of FM 3~09, which point is a corne~ of the City Limits line of the City of Schertz; THSN~. N 300 W with said ROW line of FM )009 150 feet more or less to a point in said ROW line, which point is the southwest corner of the C. L. Browning 24.88 acre tract out of the John Saladan Survey Nol 229, Guadalupe County.. TH~NCF. N 600 E with the south line of the Browning tract 1000 feet, more or less. to the southeast corner of said tract, TH~NCE. N )00 W with the east line of the Browning tract and produced. 1170 feet. more or less, to the centerline of U. S. Highway 81, i- I. _ T~N~ in a northeasterly direction with the centerline of U. S. Highway 81, 1220 feet, more or less, to the intersection of said centerline with the east line, produced southerly, of the Herman Klabunde tract which is 10 acres, THSNCE N 300 W with the east line of the Herman Klabunde tract produced. and with the east line of the Herman Klabunde tract, 700 feet, more or less, to the northeDst corner of said tract. .' THSN~ S 600 W with the north line of the Herman Klabunde tract, the north line of the Clar~nce Mueller 33.85 acre tract, and continuing across Doerr Lane into the Elgin Mueller tract a total distance of 2640 feet to a point, TH~NCP. S ~Oo ~ crossing U. S. Highway 81, 2300 feet, more or less, to a point in the C. L. Browning 100 acre tract out of the T. Herrera Survey No. 68, Guadalupe County, Texas, which point is in the City Limits line of the City of Schertz, THl\NCS N 600 E with said Ci ty Limits line 420 feet. more or less, to a point in the east R~N line of FM )009. a corner of the said City Limits line and the point of be_ ginning. WHERSAS, said territory is adjoining the City of Schertz, and WHSR~AS, said petition, desiring and requesting the annexation of said territory of said city has been pr~sented to the City Council and has attached to it the affidavit of eight applicants to the effect that said petition is signed by a majority of the qualified voters within such property: I.~ NOW THr.:R~FOR~. BH: IT ORDAINSD BY 'rHS CITY COUNCIL OF TH~ CITY OF SCH~RTZ. TSXAS: ... .) ~) ~) That the following described property, to-wit: BSGIWTING at a point in the east ROW line of FM 3009, INhich point is a corner of the City Limits line of the City of Schertz, TH~NCE. N 300 If with said R01.J line of EM 3009 150 feet more or less to a point in said ROH line, which point is the southwest corner of the C. L. Browning 24.88 acre tract out of the John Saladan Survey No. 229, Guadalupe County, Texas, THr;;N~ N 600 E with the south line of the Browning tract lOGO feet, more or less, to the southeast corner of said tract. THENCE N )00 W with the east line of the Browning tract and produced, 1170 feet, more or less, to the centerline of U. S. HighHay 81, TH~NCE in a northeasterly direction with the centerline of U. S. Highway 81. 1220 feet. more or less, to the intersection of said centerline with the east line, produced southerly, of the Herman Klabunde tract which is 10 acrea, THENCE N )00 W with the east line of the Herman Klabunde tract produced, and with the east line of the Herman Klabunde tract, 700 feet, more or less, to the northeast corner of said tract. TH4;HCf-i: S 600 W with the north line of the Herman Klabunde trace, the north line of the Clarence Huel1er )3.85 acre tract, and continuing across Doerr Lane into the Elgin Mueller tract, a total distance of 2640 feet to a point, THSNCS S )00 E, crossing U. S. Highway 81 2)00 feet, more or less to a point in the C. L. Browning 100 acre tract out of the T. Herrera Survey No. 68, Guadalupe County, Texas. which point is in the City Limits line of the City of Schertz, THSNCE N 600 E 1.nth said City Limits line 420 feet, more or less to a point in the east Rmf line of FM )009, a corner of the said Cit,y Limits line and the point of beginning. be and the same is hereby annexed to the City of Schertz, Guadalupe County Texas, and that the coundary limits of the City of Schertz be and the same are hereby extended to include the above described territory within the city limits of the City of Schertz, and the same shall hereafter be ine] uded within the territorial limits of said city, and the inhabitants thereof she'll hereafter be entitled to all rights and privileges of other citizens of the , City of Schertz and they shall be bound by the acts, ordinances, resolutions and regula- tions of said City. PASSED by an affirmative vote of four members of the City Gouncil. this the 27th day of January, A. D., 1972. /s/t/ Robert C. Bueker City Secretary APPROVED: tS/t/ Rov W. Richard Mayor ATT~ST: Motion was made by Mrs. Koch to adjourn the m"'eting at 11:00 p.m. AT~ST : ) 't;Zcf (, ;H~~ "City Secretary APPROVED: n'r ~. 0 ~0 . .V1~~;? Mayor r>4- MINUTES OF THE ~TING OF Tlffi CITY COUNCIL. CITY OF SCHERTZ. TEXAS HELD ON FEBRUARY J. 1972 The regular meeting of the city council convened at the direction of Mayor Roy W. Richard at 7:30 p.m. in city hall. Aldermen in attendance were Mr. Raymond G. Koym, Mrs. Bobbie L. Koch. Mr. Jimmie V. Dunham and Mr. Leon R. Chambless. Absent was Mr. Robert E. Schwartz.- Minutes of the meeting held on January 27 were Bead and approved without change following motion by Mrs. Koch, second by Mr. Koym and voted on unanimously. Charles Cross, City Engineer, ppened bids for waterworks and street improvements. Results were as follows for waterworks construction: Utilities Consolidated --47,041.00, Heath and stitch __ 35.753.00, R & R Construction Co. -- 32.292.00, Howard Stitch -- 33,205.00. Heath and Stiteh bid contained a 5 per cent reduction of cost if they were low bidder on both projects (33,965.35). Apparent low bidder was R & R con- struction Co. street bids were as follows: House Braswell Co. $172,)42.00, Austin Paving Co. $157,O}2.50, Hoath & Stitch $174,769.69 with 5% reduction ($166,031.21) if awarded both contracts, PS&F Construction Co. $174.444.44, Schaefer Construction Co. $220.007.00. Low Bidder ~s Austin Paving Co. Award of contract will be made February 10. ~Group hospitalization for city employees was discussed. Agreement was reached following ~ motion by Mr. Dunham, second by Mrs. Koch and unanimous vote to have the city support ~ 50% of employee cost for a group hospitalization policy. City Secretary was instructed ~ to prepare an application form to circulate among employees to determine the desires of individuals qualifying. Anproval was granted for the program to begin effective April 1. 1972. ~APPo$ntment of new members to the Citizens Advisory Committee was approved following · r- ~ motion by Mr. Dunham, second by Mr. Chambless and unanimous vote. Members appointed \ were: Mrs. Nell G. Funk, Mr. Everett B. Vanderhamm. Mr. Jesse W. Graham, Major Roger Hargraves, Mrs. Fred Thomas, Mrs. Norma Cessna. and Mrs. Severa Krahn. City Sec- retary was instructed to notify the Committee of the legality of the r~elfare Program. ~tter of resignation from Mr. Sturrock. City Inspection requesting his position be ','filled by rehire effective February 4 was read and the resignation accepted on a ~ temporary basis pending outcome of surgery. Motion to accept resignation on these terms was made by Mr. Koym, seconded by Mrs. Kock and voted on undnimously. ~r$ Archie Woodward was selected to perform the duties of City Inspector vice Mr. _~ sturrock on an interim basis following motion by Mr. Chambless, second. by Mrs. Koch '( and unanimous vote of the council. \ ~iscussion was held on the appointment of a new member to the Urban Ren~wai Board of ~Commissioners to fill the vacancy created by the departure of Roland Elbel. Mr. ~ Chambless motioned to appoint Mr. Mark Norwine to the position. Mrs. Koch seconded \1 the motion and vote was unanimous. The vacancy created on the Zoning and Planning Commission by Mr. Norwine's appaintment will be filled at the next council meeting. Discussion was held on restricting parking on FM 78 to parallel parking between the Cibolo Creek and First st. City Secretary was instructed to have Mr. Ehlers. State Highway Dept. appear at one of the future council meetings to discuss the problem. A letter from the President of the Chamber of Commerce relating to the January 29 meeting of Region Seven, Texas Municipal League was read. No action was taken. A letter from C~rlton Flowers notifying the city of the availability of vocational trainees from Samuel Clemens High School was read. City department supervisors did not express a need for such employment at this time. ~Ordinance * 244 waS read and approved following motion by Mr. Chambless. second by ~Mrs. Koch and voted on unanimously. Ordinance # 244 follows: IV ...- ~~ AN ORDINPNC~ CLOSTNG AND AB^~mONING ~RTAIN STR~~TS, ALLEYS A~m ~H~R UNNAMSD PUBLIC RIGHTS-OF*WAY lOCI'TSD \ITTHIN THB BUFFAlO V.A U~Y NORTH PROJY:cr TBX. R-112; AUTHORIZING 'T'H~ !1i\YOR TO BXECUTY: A QUITCl.All1 DBSD TO SnD STRBSTS, AllEYS AND UNNAWID PUBLIC WAYS TO THB URIBt-.N R~~R1'TALAGENCY OF THe;; CITY OF SCfffiRTZ; RETUNING CERTAIN EASBMBNTS FOR UTILITIBS . WHERSAS, pursuant to the terms of the Urban Renewal Plan for Buffalo Valley North Project, Tex. R-112 to be used for a park for the City of Schertz, the Urban Renewal Agency of the City of Scherta has acquired land abutting both sides of certain streets, alleys and unna~d public ways within the oroject area; and WH~R~AS, the City has entered into agreements with the Urban Renewal Agency to cooperate in the renevelopment of said property for a 0ark, and ',m~RSAS, such streets, alleys and rights-of-way are no longer needed for access to the property; pnd ~~R~AS. in the interest of the safety, health and welfare of the community, certain streets, a11eys and rights-of-way should be vacated and closed; nOH, therefore BB; IT ORDI1N"~D BY THY; CITY COUNCIL OF TH~ CITY OF SCHERTZ: SECTION 1. Certain streets, alleys and public rights-of-way located "Ji thin the Buffalo Valley North Project, Tex. R_112 being located within the City of Schertz are hereby closed and 2bandoned as follows: Easement bebJ'een Aero Avenue and Brooks Avenue from Oak Street to Farm Road ISIS; Brooks Avenue Bebleen Oak street and Farm Road ISIS; Easement between Brooks Avenue and Winburn Avenue from Oak Street to Farm Road 151S; 1{inburn Avenue between Oak street and Farm Road 151S; Easement betHeen "Lvinburn Avenue and ~.]'right Avenue from Oak Street to Farm Road ISIS; Wright Avenue between Oak Street and Farm Roan ISIS; Poplar Street between Aero Avenue and Farm Road 1518. SEcnON 2. In addition to the streots and alleys described in paragraph 1. above, all unnamed streets and alleys shm"n in the area designated "X" on the map attached hereto and made a part. hereof, as Sxhibit "A" hereof, are includei and are also vacated and abandoned, except those utility easements mentioned in Section 4. herein. SSCTION 3. The Mayor is hereby authorized to execute a Quitclaim Deed to the Urban Renewal Agency of' the City of Schertz to the portions of those streets and alleys closed and abandoned in naragraph 1. above. SECTION 4. All in place utilities and utility easements now located in the aforementioned area within the Buffalo Valley North Project area shall remain and shall not be included in the Quitclaim Deed. PASSED AND APPROVY:D THIS 3rd day of February, 1972. /s/t/ Roy W. Richard. Mayor Attest: /s/tj Robert C. Bueker, City Clerk 5G ~~Resolution * 1013 was read and ~ Koym and voted on unanimously. approved following motion by Mrs. Koch, second by Mr. Resolution # 101) follows: A RESOLUTION OF ~ CTrY COUNCIL OF THS CITY OF SCHERTZ. T~XAS, APPROVING A COMMUNITY S~RVlCES AGRE<<:MENT WITH 'T'HE HOUSING AUTHORITY OF TH<<: CITY OF SCHBRTS, TEXAS BE IT R<<:SOLVF.D BY TH<.; CITY COUNCIL OF TIft!:: CITY OF S01ERTZ. Tr;;XAS. AS FOLLOWS: I. The Community Services Agreement between the City of Schertz, Texas. and the H0using Authority of the City of Schertz, Texas, is hereby ap,)roved. 2. The Mayor is herQby authorized and directed to execute the Comminity Services Agreement in the nam9 of, and the City Secretary is hereby directed to seal and attest the Community Services Agreement with the seal of the City of Schertz. Texas. 3. This Resolution shall be come effective immediately. 4. The Community Services Agreement referred to in Section 1. is on file in the office of the City of Schertz. T~xas and is incorporated herein by reference. PASS~D AND APPRO~D THIS 3d DAY OF February, 1972. Attest: jsjtj Robert C. Bueker, City Secretary Resolution I 101) j5jtj Roy W. Richard, Mayor Recommend~tion W2S m2de that bid be issued informally for contract to furnish petroleum products for use by the city to dealers within the city. Contract will run for one year commencing March I, 1972. Motion to a~journ the meeting~was made by Mr. Koym at 9:Z0 p.m. ATTEST: .a JL/:7 -0 /J 6 I~~ C .LJ./A./~--./ City Secretary APPROV1ID: Q ~~ May 0':1 MINUTES OF THE :t-l~l ING OF THE CITY COUNCIL, CITY OF SCHERTZ. TEXAS HELD ON FEBRUARY 10, 1972 The regular meeting of the city council convened at the direction of Mayor Richard at 7:40 p.m. in city hall. Aldermen in att~ndance were Mrs. Bobbie L. Koch, Mr. Leon R. Chambless and Mr. Robert E. Schwartz. Absent were: Mr. Raymond G. Koym and Mr. Jimmie V. Dunham. Mr. Shlers, Texa~ Highway Commission appeared before the council to discuss widening of FM 78. City would have to support the cost of curbing, guttering. acquisition of right-6f_way, utility adjustment and possible cost for some parking areas. storm drainage is yet to be determined. A 70' paved surface was proposed through the busi- ness district. The earliest FM 78 could appear for budget consideration by the Highway Dept. is the summer of 1972. A request for variance to the subdivision ordinance by Edgar VonScheele Co. was deferred for consideration by the Zoning and Planning Commission. Greenfield subdivis.ion.reauested action be taken to allow placement and set standards for toe Iocat.ion or- Ina1.l00XeS at curb line. City Secretary will confer with the Postal D~partment and make recommendations at the next scheduled meeting. ...- ~) , Mr. Floyd Westermann, Financial Advisor, presented reduced bond amortization schedules to the council in light of a low bid received on the street improvement issue. Following review, Mr. Chambless motioned, Mrs. Koch seconded and vote was unanimous to accept ~;L,1~ the issuance of $150.000.00 at a rate of 5.82. r~ Mr. Westermann received approval to suspend an extra reading of the proposal following 'In. motion by Mrs. Koch. second by Mr. Chambless and unanimous vote by the council. ~6' ~ Ordinance ~ 244. authorizing the issuance of $150.000 Texas street Improvement Bonds was ^, approved following motion by Mr. Schwartz. seccmd by Mr. Chambless and unanimous vot,e ^,;1;,IJ of the council. Ordinance 244 follows: ~ ORDINANCE AUTHORIZING ISSUANCE OF $150,000 "CITY OF SCHERTZ, TEXAS. STREET IMPROVEMENT BONDS. SERIES 1972." DATED FEBRUARY 1. 1972. STATE OF TEXAS I COUNTIES OF GUADALUPE I AND BEXAR CITY OF SCHERTZ I ON THIS, the 10th day of February, 1972, the City Council of the City of Schertz, Texas, convened in regular session at the regular meeting place thereof in the City Hall, the meeting being open to the public and notice of said meeting, giving the date, place and subject thereof, having been posted as prescribed by Article 6252-17, Section 3A, V.A.T.C.S. with the following members present and in attendance, to wit: DR. ROY W. RICHARD MAYOR ROBERT E. SCHWARTZ LEON R. CHAMBLESS MRS. BOBBII L. mCH ) ) ) ALDERMEN and with the following absent: Raymond G. Koym & Jimmie V. Dunham. constituting a quorum; and among other proceedings had were the following: The Mayor introduced a proposed ordinance. The ordinance was read in full. Alderman Koch made a motion that any rule requiring ordinances to be read more than one time or at more than one meeting be suspended, and that said ordinance be passed as an emergency measure. The motion was seconded by Alderman Chambless and carried by the Follow- ing vote: AYES: Aldermen Schwartz, Chambless, and Alderwoman Koch NOES: None Alderman Schwartz made a motion that the ordinance be paseed finally. The motion was seconded by Alderman Chambless and carried by the following vote: AYES: Aldermen Schwartz, Chambless, and Alderworman Koch. NOES: None The Mayor announced that the ordinance had been finally passed. The ORDINANCE is as follows: !)k .. .' \' "I". .' l. ~ \ '\ AN ORDINANCE by the City Council of the City of Schertz, Texas, authorizing the issuance of $150,000 "CITY OF SCHERTZ, TEXAS, STREET IMPROVEMENT BONDS, SERIES 1972," dated February 1, 1972, for the purpose of constructing street'improve- ments in and for said City; prescribing the form of the bonds and the form of the bonds and the form of the interest coupons; levying a continuing direct annual ad valorem tax on all taxable property within the limits of said City to pay the interest on said bonds and to create a sinking fund for the redemp- tion thereof and providing for the assessment and collection of such taxes; enacting provisions incident and relating to the subject and purpose of this ordinance; and declaring an emergency. WHEREAS, as the result of a special election held in the City of Schertz. Texas, on the 30th day of October, 1971, the City Council of said City became authorized and empowered to issue $175.000 general obligation bonds of the City to mature serially over a period of years not to exceed forty (40) years from thetr date and to bear interest at any rate or rates, to be issued and sold at any price or prices as shall be determined within the discretion of the City Council, for the purpose of constructing street improvements in and for said City; and, WHEREAS, it is now found and determined that it is proper and to the best interests of the City that the City Council proceed with the authorization and issuance of $150,000 of bonds voted as aforesaid to provide funds for the purpose for which said bonds were voted; therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SalOTZ, TEXAS: SECTION 1: That the Bonds of said City, to be known as "CITY OF SalERTZ, TEXAS, STREIT IMPllOVIMENT BONDS, SERIIS 1972," be and the same are hereby ordered to be issued in the principal sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150.000), for the purpose of constructing street improvements in and for said City, underaand by virtue of the Constitution and laws of the State of Texas. SECTION 2: That said bonds .hall be numbered consecutively from One (I) through One Hundred Fifty (ISO); shall each be in denomination of One Thousand Dollars ($1,000). agregating ONI HUNDRED FIFTY THOUSAND DOLLAllS ($150,OOO); shall be dated February 1, 1972, and shall become due and payable serially on June 1 in each of the years in accordance with the following schedule: BOND NUMBERS (All Inclusive) MATURI TY AMOUNT I 1973 $1,000 2 1974 1,000 3 1975 1,000 4 and 5 1976 2.000 6 and 7 1977 2,000 8 and 9 1978 2,000 10 aad 11 1979 2.000 12 to 14 1980 3,000 15 to 20 1981 6,000 21 to 26 1982 6,000 27 to 32 1983 6,000 33 to 39 1984 7,000 40 to 47 1985 8,000 48 to 55 1986 8,000 ~- ~ J'- 56 .to 63 1987 8,000 64 to 73 1988 10,000 74 to 83 1989 10,000 84 to 93 1990 10.000 94 to 103 1991 10,000 104 to 114 1992 11 ,000 115 to 125 1993 11 , 000 126 to 137 1994 12,000 138 to ISO 1995 13 , 000 PROVIDED, HOWEVER, that the City reserves the right to redeem bonds maturing in each of the years 1988 through 1997 of said series, in whole or any part thereof, on June I, 1987, or on any interest payment date thereafter, at the price of par and accrued interest to the date fixed for redemption, plus a preaccrued interest to the date fixed for redemption, plus a premium of 2\ 1 on all bonds called for redemption in the year 1987, suchpremium r~ducing \ of It on each June 1 thereafter, until no premium is payable on June 1, 1992, or on any interest payment date thereafter; and PROVIDED, FURTHER, that at least thJrty (30) days prior to any interest payment date upon which any of said bonds are to be redeemed, a notice of redemption, signed by the City Secretary (specifying the serial numbers and amount of bonds to be redeemed) shall have been filed with the MAIN BAN~ & TRUST, San Antonio, Texas (the paying agent named in each of said bonds), and should any bond or bonds not be pre.ented for redemption pursuant to such notice, the same shall cease to bear interest from and after the date .0 fixed for redemption. SECTION 3: That said bonds shall bear interest from date to maturity at the following rate. per annum: (a) Bond. maturing in each of the years 1973 through 1980 at 4.50 't; (b) Bonds maturing in each of the years 1981 through 1984 at 5.00 1; (c) Bonds maturing in each of the years 1985 through 1987 at 5.30 7.; (d) Bond. maturing in each of the years 1988 through 1995 at 6.20 't; and (e) Bonds maturing in eacq of the years 19 through 19 at 1; such intere.t to be evidenced by proper coupons attached to each of said bonds, and said intere.t .hall be payable on December 1, 1972, and semiannually thereafter on June I and December 1 in each year. SECTION 4: That both principal of and intere.t on said bonds shall be payable in lawful money of the United States of iAmerica, without exchange or collection charges to the owner or holder, at the MAIN BAN~ & TRUST, San Antonio, Texas, upon presentation and surrender of bonds or proper coupons. SECTION 5: That the seal of said City may be impressed on each of said bond. or, in the alternative, a facsimile of such seal may be printed on the said bonds. The bond. and interest coupons appurtenant thereto may be executed by the imprinted facsimile signatures of the Mayor and City Secretary of the City, and execution in such manner shall have the same effect as if such bonds and coupons had been signed by the Mayor and City Secretary in person by their manual signatures. In as much as such bonds are required to be registered by the Comptroller of Public Accounts for the State of Texas, only his signature (or that of a deputy designated in writing to act for the Comptroller) shall be required to be manually su~scribed to .uch bonds in connection with hi. registration certificate to appear thereon. as hereinafter provided, all in accordance with the provisions of Article 7l7j-l, V.A.T.C.S. SECTION 6: That the form of said bonds shall be substantially as follows: no No. UNITED STATES OF AMERICA $1,OOO STATE OF TIXAS OOUNTIIS OF GUADALUPE AND BEXAR CITY OF SalIRTZ, TEXAS, STREET IMPROVD.l6~~... BOND. SERIES 1972 The CITY OF SaI!RTZ. a municipal corporation of the State of Texas, acknowledges itself indebted to and, lOR VALUE RECEIVED. hereby promises to pay to bearer, the sum of ONE THOUSAND DOLLARS ($1,000), in lawful money of the United States of America. on the FIRST DAY OF ~U".. 19 , with interest thereon from the date hereof to maturity at the rate of PIR CINTOK ( 1) per annum, payable on December 1, 1972, and semianaually there- after on June I and December I in each year, and interest falling due on or prior to maturity hereof is payable only upon presentation and surrender of the interest coupons hereto attached as they severally become due. BOTH PRINCIPAL OF and interest on this bond are hereby made payable at the MAIN BANK & TRUST, San Antonio. Texas. without exchange or collection charg.. to the owner or holder, and for the prompt payment of this bond and the interest thereon at maturity the full faith. credit aad resources of the City of Schertz. Texas. are hereby irre- vocably pledged. u THIS BOND is one of a series of One Hundred Fifty (150) serial bonds. numbered consecutively from One (1) through One Hundred Fifty (150), each in denomination of One Thousand Dollars ($1.000), aSlregating ONE HUNDRED FIFTY THOUSAND DOLLARS ($150. 000), issued for the purpose of constructing street improvements in and for said City, uader authority of the Constitution and the laws of the State of Texa. and ~ pursuant to an ordinance duly adopted by the City Council of the City of Schertz. Texas, and duly recorded in the Minute. of said City Council. AS SPECIFIED in the ordinance hereinabove mentioned. the City reserves the right to redeem bonds maturing in each of the years 1988 through 1997 of this series, in whole or any part thereof, on June 1, 1987, or on aay interest payment date thereafter. at the price of par and accrued interest to the date fixed for redemption, plus a premium of 2 \t on all bonds called for redemption in the year 1987, sueh premium reduciag % of 11 on each June I thereafter, until no premium is payable on June 1, 1992, or on any interest payment date thereafter; PROVIDED. HOWEVER, that at least thirty (30) days prior to any interest payment date upon which any of said bonds are to be redeemed. a notice of redemption. signed by the City Secretary (specifying the serial numbers and amount of bonds to be redeemed) shall have been filed with the MAIN BANK & TRUST. San Antonio, Texas; and should any bond or bonds not be presented for redemption pursuant to such notice. the same shall cease to bear interest from and after the date so fixed for redemption. IT IS HEREBY CERTIFIED, RECITED AND REPRESENTED that the issuance of this bond and the series of which it is a part is duly authorized by law aDd by authority express- ly conferred at an election held for that purpose within said City; that all acts, conditions and things required to be done precedent to and in the issuance of this .seties of bonds and of this bond, have been properly done and performed and have happened in regular and due time. form and manner as required by law; that sufficient and proper provision has been made for the levy and collection of taxes, which when Gl collected, shall be appropriated exclusively to the payment of this bond and the series of which it is a part, and to the payment of the interest coupons thereto annexed, as the same shall become due, and that the total indebtedness of the City of Schertz, LTexas, including th~ entir~ 8~ri~s of bonds of which this is on~. dO~8 not ~xc~ed any constitu- tional or statutory limitation. IN TESTIMONY WHEREOF, the City Council of the City of Schertz, Texas, in accordance with the provisions of Article 7l7j-l, V.A.T.C.S., has caused the seal of said City to be impressed or a facsimile thereof to be printed hereon, and this bond and its appurtenant coupons to be executed with the imprinted facsimile signatures of the Mayor and City Secretary of said City; the date of this bond, in conformity with the ordinance above referred to. being the FIRST DAY OF FEBRUARY, 1972. Mayor, City of Schertz. Texas COUNTER.SIGNED: City Secretary, City of Schertz, Texas SECTION 7: That the form of interest coupons attached to each of said bonds shall be substantially as follows: NO. ON THE FIR.ST DAY OF 19 $ *(unles. the bond to which this coupon pertains has been properly called for redemption in accordance with its terms,) the CITY OF SCHERTZ, a municipal corporation of the State of Texas, hereby promises to pay to bearer. at the MAIN BAN~ & TRUST, San Antonio. Texas, without exchange or collection charges to the owner or holder, the sum of DOLLARS ($ ). in lawful money of the United States of America, said sum being mon ths' in teres t due that day on "CITY OF SCHERTZ, TEXAS. STREET IMPROVEMENT BOND, SERI ES 1972," dated February 1, 1972. Bond No. City Secretary Mayor SECTION 8: That the following certificate shall be printed on the back of each bond: OFFICE OF COMPTROLLER STATE OF TEXAS I I I REGISTER NO. I HEREBY CERTIFY that there is on file and of record in my ciffice a certificate of the Attorn,y General of the State of Texas to the effect that this bond has been examined by him a. required by law. and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding obligation upon .aid City of Schertz, Texas, and said bond has this day been registered by me. *NOTI TO PRINTER: The expression in parentheses to be included only in coupons maturing G2 December 1, 1987 .nd .ub.~quent, pert.ining to option.l bonds maturing in the ye.rs 1988 througb 1997. WITNISS MY HAND AND SIAL OF OFFICE. .t Austin. Tex.., Comptroller of Public Accounts of the St.te of Tex.s SICTION 9: Th.t to provide for the p.yment of the debt service requirements of the s.id bonds, being (i) the iatere.t on ..id bonds .nd (ii) . sinking fund for theit redemption .t maturity or . sinking fund of 2~ (wbichever .mount sb.ll be gre.ter), tbere sb.ll be .nd there i. bereby levied for tbe current ye.r .nd e.ch .ucceeding ye.r tbere.fter while s.id bonds or intere.t thereon sball remain outst.ndiag .nd unp.id, . sufficieat t.x on e.ch one hundred doll.r.' v.lu.tion of t.xable property in s.id City. .dequ.te to p.y sucb debt service requirements, full .llow.ace being made for ~~ delinquencies .nd co.ts of collection; ..id t.x sb.ll be .s.eaaed .nd collected e.ch year .ad .pplied to the p.yment of tbe s.id debt .ervice requirements, .nd the s..e sball not be diverted to .ny otber purpose. The t.xe. s. levied sh.ll be paid into. fund kaown .s "SPICIAL STUIT IMPROVIMINT BOND FUND, SII.IIS 1972," which is hereby ost.bli.bed for tbe p.yment of the oblig.tions berein .uthorized. The City Council hereby declare. it. purpose .nd intent to provide .nd levy. tax leg.lly .nd fully .ufficieat for sucb bonds, it b.ving been determined tb.t the existing .nd .v.il.bl~ t.xiag .uthority of tbe City for .uch purpo.e is .dequate to permit. les.lly .uffi- cieat t.x in coa.ider.tion of .11 other outst.nding oblig.tion.. SICTION IO: That tbe M.yor of ..id City .b.ll be aad he i. bereby .uthorized to t.ke aad h.ve charge of .11 nece...ry order. .nd record. pending inv~stig.tion by tbe Attorney Gener.l of the St.te of Tex.., .nd .b.ll take ond have charse .Dd con- trol of ~he bonda berein .nthorised pending iheir appr...l by tpe~t~.~:G..er.l ind their registr.tion by; the Comptroller of Public Accounts. SICTION 11: That the s.le of the bonds berein .utborized to Texas Securities Corpor.tion .t the price of p.r .nd .ccrued interest to d.te of delivery plus . premium of $500.00 is bereby confirmed. Delivery of the bond. ah.ll be made to s.id purch.sers .s soon .s may be after tbe .doption of this ordin.nce, upon p.yment tbere- for in accord.nce witb the terms of s.le. SICTION 12: The purch.sers' obligation to .ccept delivery of tbe bonds herein .utborized is subject to their being furnisbed . final opinion of Mes.ra. Dumas, Huguenin, Boothman .nd Morrow, Attorneys, Dallas. Tex.s. .pproving such bonds .s to their validity, said opinion to be d.ted .nd delivered .s of the d.te of delivery .ad payment for sucb bonds. Printing of . true and correct copy of s.id opinion on the reverse side of each of such bonds, with appropriate certificate pertaining thereto executed by facsL.ile signature of the City Secretary of the City of Scbertz, Texas, is hereby .pproved and .uthorized. SICTION 13: That tbe public importance of this mea.ure and the fact that it is to the best intere.t of the City to provide fund. for tbe street improvements herein contempl.ted .t the earliest possible d.te constitute .ad create .a emergency .nd an ursent public nece.sity, requirins th.t .ny rule providing for ordinances to be re.d mere than one time or .t more th.n oae meetins of the City Council be .u.pended, .nd requiring that this ordinance be passed aad t.ke effect .s an emergency mea.ure, .ad .uch rule. and provi.ion. .re .ccordingly .uspended, .ad this ordinance i. p....d (' .) Up) 8S an emergeRCY measure, and shall take effect and be in full ferce from and after its pauage. PASSED AND APPROVED. this the 10th day of February, 1972. Mayor, City of Schertz, Texas ATTEST: KJ~:tC . ~L City Secretary, City of Schertz. Texas (CITY SEAL) A survey of city employees interested in obtaining group hospitalization under Blue Cross revealed less than the required number as interested under the proposal. utilities Superintendent Rowell recommended another insurance company be invited to appear before the council on February 24. Council approval was voiced. Request was made through Mr. Chambless for a member' or members from Randolph AFB to sell braclets in support of POW/MIA activities in Schertz. City Secretary was instructed to contact a Lt. Truck for details. Meeting was adjourned at 9:30 p.m. ATTi'ST: Y;~~ ~:;retary APPROVED: Q_.~ a~~. Ma;~;l MINUTES OF THE MEETING OF THB CITY COUNCIL. CI'''Y OF SCHERTZ. TSXAS H~LD ON MARCH 2, 1972 The regular neeting of the city council convened at the call of Mayor Roy W. Richard. at 7:30 p.m. in city hall. Aldermen in attendance were: Mr. Raymond G. Koym, Mrs. Bobbie L. Koch, ~~. Leon R. Chambless, Mr. Jimmie V. Dunham and Mr. Robert E. Schwartz. Minutes of the meeting of February 10. 1972 were read and approved without change. By previous agreement, a section of land located on FM 1518 was surveyed for lease 1?u to the Adolph-Schertz Scouting Organization by the City of Schertz. Motion was ~:1' made by Mr. Dunham, seconded by Mr. Chambless and voted on unanimously to proceed with lease agreement and to authorize the Mayor to execute such document. Mr. Floyd Westermann. financial advisor, appeared before the council to present an ordinanCE for the issuance of $35,000.00 in Utility System Revenue Bonds. Motion to suspend the requirement for more than one reading of the ordinance and declaring an emergency was s" 1V made by Mrs.Koch, seconded by Mr. Koym and voted on unanimously. ~ Ordinance'" 245 was read by Mr. Westermann and approved unanimously Mr. Schwartz, second b~r Mr. Chambless. Ordinance IF 245 follows: ORDINANC8 AUTHORIZING ISSUANCE OF $35,000 "CITY OF SGf{4;RTZ. SYST~M RF,~NU~ BONDS. S4;RJ1<;S 1972, II DAT"SD MARCH 1, 1972. TH"S ST A'T'E OF TEXAS COUNTI4;S OF GlTADALUR AND B4;XAR following motion by 1~: ~'l' TBXAS. Dr ILITY ti4 cry OF SOORl'Z ON THIS. the 2nd day of March, 1972, the City Council of the City of Schertz, Texas. convened in regular session at the regular meeting place thereof in the City Hall. the meeting being ooen to the public and notice of said meeting, giving the date, place and subject ther~of, having been posted as prescribed by Article 6252-17. Section eA, T.A.T.C.S., with the follolnng members present and in attendance, to wit: ROY W. RICHARD RAYHOND G. KOYM ROB~RT "l!:. S cm.JARTZ L"IDN R. CHAMBL~SS JTI1HIE V. DUNHAM MRS. BOBBIS L. KOCH and l~th the following absent: proceedings had were the following: The Mayor introduced a proposed ordinance. The ordinance was read in full. Alderman Koch made a motion that any rule requiring ordinances to be read more than one tine or at more than one meeting be suspended. and that said ordinance be passed aa an emergency measure. The motion was seconded by Alderman Koym and carried by the follow- ing vote: I , .'1 "^ { f', MAYOR ) ) ) ) ) ALDERMEN constituting a quorum; and among other A~S:. Aldermen Koym. Schwartz. Chambless and Dunham and Alderwoman Koch. NOES: None Alderman Schwartz made a motion that the ordinance be passed finallY. The motion seconded by Alderman Chambless and carried by the following vote: AYES: Alderrren Koym, Schwartz, Chambless and Dunham and Alderwoman Koch. NOES: None The Mayor announced that the ordinance had been finally passed. The ORDINANCE IS AS FOLI.aJS: was AN ORDINANCE by the City Council of the City of Schertz. Texas, authorizing the issuance of $35,000 "CITH OF SCHl<.:RTZ. TI:XAS. UTILITY SYSTEM R"G.:VENUE BONDS. SERIES 1972." dated March I, 1972. for the purpose of improving and extending the City's Waterworks System. as authorized by the General Laws of the State of Texas. par- ticularly Article 1111 et seq., V.A.T.C.S.; prescribing the form of the bonds and the form of the interest coupons; pledging the net revenues of the City's combined Waterworks and San'tary Sewer System to the payment of principal of and interest on said bonds; nroviding that in the event of the later acquisition by said City of an electric light and power system and/or a natural gas system, the bonds. previously issued bonds and all revenue bonds issued for the purpose of acquiring any such system (either or both) shall be payable from ahd equallY secured by a first lien on and pledge of the net revenues of the City's combined Waterworks. Sanitary Sewer. Electric Light and Power and/or Natural Gas Systems; providing terms and conditions for the issuance of additional parity bonds; enacting provisions incident and relating to the subject and purpose of this ordinance; and declaring an emergency. WHEREAS, at an election held in the City of Schertz, Texa-, on the 30th day of October, 1971. the governing body of the City of Schertz became authorized and empowered to issue $200,000 special obligation bonds for the purpose of im9roving and extending the City's Waterworks System. said bonds to mature in not to exceed forth (40) years from their date, to be payable solely from and equally secured by a pledge of the net revenues from the operation of the City's combined Waterworks and Sanitary Sewer System. and in the event of the later acquisition of an electric light and power system and/or natural gas system. such bonds may also be secured by a pledge of the net revenues of all of such combined Waterworks. Sanitary Sewer. Electric Light and Power and/or Natural Gas Systems; and. ()J WHER~AS, this City Council now considers it necessary and advisable to proceed with the issuance of $35,000 bonds authorized for Waterworks purposes at the aforesaid election, the City Council reserving unto itself the right and authority to issue and sell in one or more installments the balance of the bonds authorized but unissued for such purpose, whet in the jU8gment of said City Council the amounts thereof are needed by the City for the purpose for which authorized, provided that the issuance of such additional bonds shall be governed by the provisions relating thereto hereinafter set forth; and, 1~R~AS, the aforesaid bonds in the amount of $35,000 are to be issued on a parity with the previously issued bonds (hereinafter defined) so as to be equally and ratably secured by a first lien on and pledge of the net revenuessof the City's combined Wat8rworks and Sanitary Sewer System, and in the event of the acquisition of an electric light and power system and/or natural gas system, secured by a first li~n on and pledge of the net revenues of the City's combined Waterworks, Sanitary Sewer, Electric Light and Power and/or Natural Gas Systems; and. WHER~AS. this City Council finds and determines that the conditions for the issuance of additional bonds as set forth in the ordinance authorizing the previously issued bonds have been met in that: (a) the City is not in default as to any covenant. condition or obligation prescribed by the ordinance authorizing the previously issued bonds; (b) the laWE of the State of Texas in force at such time provide permission for the issuance of such bonds; (c) each of the Funds created by the ordinance authorizing the previously issued bonds contains the amount of money rpquired to be on deposit therein; (d) the net revenues of the System for the completed twelve (12) months immediately preceding the adoption of the ordinance authorizing the issuance of the additional bonds are equal to at least one anc one-half (1-1/2) thes the aVerage annual requirement for the payment of principal and interest on the previously issued bonds and the proposed aiditional bonds, as shocffi by a report by a Certified Public Accountant or a Licensed public Accountant; and, ',M":Rr.:JlS. it is now found and determined that the afor~said $35,000 in bonds should be issued at the interest rate or rates and be soli for the orice or prices hereinafter set forth; now. therefore, BE IT ORDfI.INH:D BY 1'}11"i; CITY COUNCIL OF THS CITY OF SCH~TZ, TEXAS: SB~'ION 1: Authorization - Princioal Amount - Designation. That in order to borrow the sum of THIRTY-FIVB THOUSAND DQIJLARS ($35,000) for the purpose of improving and extending the City's Waterworks System, the City Council of the City of Schertz, Texas, by virtue of the authority expressly conferred at the aforesaid election and pursuant to the General Laws of the State of Texas, particularly Article III 1 et seq., V.A.T.C.S., has determined that there sh,'-111 be issued and there is hereby ordered to be issued a series of coupon bonds, to be desi~nated "CITY OF SCHERTZ, TP:XAS, lJrILITY SYS'RM R~\RNUS BQ}lDS, SERIES 1972 , " aggregating the sum of THIRTY-FIVE THOUSAI-lD DOLLARS ($35,000), which said series of bonds together ~-lith the outstanding and un~Jaid previously issued bonds (as herein defined) shall be payable as to both orincipal and interest solely from and equally secured by a first lien on and pledge of the net revenues of the City's combined Waterworks and Sanitary Sewer System; provided hOT-Iever, that in the event of the later acqu sition of an electric light and power system and/or natural gas system, any revenue bonds issued for the acquisition of any such system or systems and the bands and previously issued bonds, as well as bonds hereafter issued em a pari ~X with the bonds and '>reviously iSSl1''!d bonds. shall be payable from and equally secured by a first lien on and~pledge of thA net revenues of the City's combined ~vaterworks, Sanitary Sewer, Electric L ght and Power and/or Natural Gas Systems in such manner +hat no one bond of any of such issues shall have priority of lien over any other bond of said issues. SEC1'ION 2: Date - Numbers - Maturity. That said bonds shan be dated March I, 1972; shall be numbered consecutively from One (I) through Seven (7); shall each be in denomina_ tion of Five Thousand Dollars ($5,000); and shall become due and payable serially, without r: right of nrior redemption, on September 1 in each of the years in accordance with the following schedule: BOND NUMBERS (All Inclusive) 1 2 3 4 5 ~ W,'T'UR ITY 1972 197:3 1974 1975 1976 1~~~ AHOUNT $5,000 $5,000 $5,000 $5,000 $5,000 $'5.000 $5,000 GG SECTION 3: Interest. following rates per annum: (a) Bonds matl~ing in each of the years 1972 through 1978 at 5%; and (b) Bonds maturing in each of the years 19_ through 19_ at %; such interst to be evidenced by proper coupons attached to each of said bonds; and said interest shall be payable on September I in each year. SECTION 4: Place of Pa.vment; That both principal of and interst on this issue of bonds shall be 9ayable in lawful money of the United States of America. without exchange or collection charges to the o~mer or holder, at the MAIN BANK AND TRUST, San Antonio, Texas, upon presentation and surrender of bonds or proper coupons. SRCTION S: Execution of Bonds and Coupons. That the seal of said City may be impressed on each of said bonds or. in the alternative, a facsimile of such seal lTIay be printed on the said bonds. The bonds and inter~st coupons appurtenant thereto may be executed by the imprinted facsimile signatures of the Mayor and City Secretary of the City and execution in such manner shall have the same effect as if such bonds and cou~ns had been sineed by the Mayor and City Secretary in person by their manual signatures. Inasmuch as such bonds are required to be registered by the ComptDOller of Public Accounts for the State of Texa~, only his signature (or that of a deputy designated in writing to act for the Comptroller) shall be required to be manually subscribed to such bonds in connection with his registration certificate to appear thereon, as hereinafter pro- vided; all in accordance with the provisions of Article 717j-I, V.A.T.C.S. SRCTION 6: Form of Bonds. That the form of said bonds whall be substantially as follows: NO. That said bonds shall bear interest from date to maturity at the UNI~D STATES OF AMERICA STATE OF TEXAS OOUNTIES OF GUADALUPE AND BEXAR CITY OF SaIERTZ, T4;XAS. UTILITY SYST~ RRVENUE BOND. SERIES 1972 FOR VALUE RRCEIVED. the GrrY OF SCHERTZ, a municipal corporation of the State of Texas, hereby acknowledges itself indebted to and promises to pay to bearer, as here- inafter stated, without right of prior redemptio~, on the FIRST DAY OF SEPTEMB~ 19_, the sum of FIVE THOUSAND DOLLARS ($5,000), in lawful money of the United States of America, with interest thereon from the date hereof to maturity at the rate of P~F C8NTUM ( ~) per annum, payable on September 1, 1972. and semiannually thereafter on March 1 and September 1 in each year. and interest falling due on or )rior to maturity her~of is payable only upon presentation and surrender of the interest coupons hereto attached as they severally become due. BOTH PRINCIPAL OF and interest on this bond are hereby made payable at the MAIN BANK AND TRUST. San Antonio. Texaco, without exchange or collection charges to the owner or holder, and the said City of Schertz, Texas, is hereby held and firmly bound to apply the pledged appropriated net revenues of its comibned Waterworks and Sanitary Sewer System, and in the event of the later acquisition of an electric light and power syster and/~r natural gas system, the revenues of all of such combined Waterworks, Sanitary Sewer. Electric Light and Power and/or Natural Gas Systems, to the 'Jrompt payment of princip~l of and interest on this bond at maturity and to pay siad orincipal and interest as they mature. THIS BOND is one of a series of bonds of like tenor and effect. except as to number, interest rate and maturity, aggregating in amount THIRTY-FrVE THOUSAND DOLLARS ($35,000), consecutively from One (1) through Seven (7), each in denomination of Five Thousand Dollars ($5,000), issued for the purpose of improving and extending the City's Waterworks System, in accordance with the Constitution and laws of the State of Texas. particularly Article llll et seq., V.A.T.C.S., and by authority expressly conferred at an election held for that pur00se within said City, and pursuant to an ordinance passed by the City Council of the City of Schertz, Texas, and duly recorded in the Minutes of said City Council. THE DATE of this bond in conformity with the ordinance above mentioned is March I, 1972.. THIS BOND and the series of which it is a part constitute special obligations of the City of Schertz. Texas, and, together with the outstanding and unpaid previously issued bonds (as defined in the ordi~ance authorizing the series of bonds of which this is one) are payable solely from and equally secured by a first lien on and pledge of the net $5,000 I I I numbered I i. (~ 7 revenues of the City's combined Waterworks and Sanitary Sewer System; provided, however. that in the event of the later acquisition of an electric light and power system and/or natural gas system and the issuance of revenue bonds in connection therewith, then thp- bonds and previously issued bonds together with any such revenue bonds shall be pclYable from and eaually secur~d by a first lien on and pledge of the net revenues of the City's comb:\,ped '\tl~terHorks, Sanitary Sewer, "!i;lectric L.Lght and Power and/or Natural Gas Systems. TH~ CITY expressly reserves the right to i~sue not only the bonds for electric light and pOvler and/or natural gas system f"mrposes, but also further and additional bond obligations in all things on a oarity I.-.lith the outstanding previously issued bonds and the bonds of this series and payable solely from and equally secured by a first lien on and .'J.2"( pledge of the bet revenues of the City's corcbined '>laterworks, Sanitary Se1,le~, Electric Light and Power and/or Natural Gas Systems; orovided, hOl-3ever, that any and all of such bonds mny be issued only in accordance with and subject to the covenants, limitations, conditions and r strictions relating thereto Ttl~ ich are set out and contained in the ordinRnce authorizing this series of bonds and to which said ordinance reference is hereby made for more complete and full particulars. TID': HOLD1<$. hereof shall neV8r have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. IT IS HEREBY CSRTIFI~D AND RECITED that the issuance of this bond, and the series of which it is a part. is duly authorized by law; that all acts, conditions and things required to exist and to be done precedent to and in the issuance of this bond to render the same lawful and valid have been properly done, have happened and have been performed in regular and due time, form and manner as requir~d by the Constitution and laws of the State of Texas and the ordinance her0inabove mentioned; that this series of revenue bonds does not exceed any constitutional or statutory limitation; and that provision has been made for the pnyment of the principal of and interest on this bond and the series of which it is a part by irrevocably pledging the net revenues of the combined Waterworks and Snnitary Se1.rer System and, in the event of the later acquisition of an electric light and power systerm and/or nat,ural gas system, the net revenues of the combined Waterworks, Sanitary Sewer, Electric Light and Power and/or Natural Gas Systems of said City. IN TSSTIMONY ~~REOF. The City Council of the City of Schertz, Texas, in accordance with the ",rovisions of Article 717j-l, V.A.T.C.S., has caused the seal of said City to be impressed or a facsimile thereof to be orinted hereon, and this bond and its appurtenant coupons to be executed with the imprint~d facsimile signatures of the Mayor and'City Secretary of said City, as of the FIRST DAY OF MARCH. 1972. COtTNT~RSIGN~D: Mayor, City of Schertz, Texas City Secretary, City of Schertz, Texas SECl'ION 7: as folloHs: NO. Coupon Form. The form of said interest coupons shall be substantiallY ON TH4: FIRST DAY OF 19 , the CITY OF SCHERTZ, a municipal corporati0n of the State of Texas, hereby promises to pay to bearer, out of funds specified in the bonrl to \,)hich this coupon is attached (Hitho'lt right to demand payment out of any funds raised or to be raised by taxation), and in lawful money of the United Statps of America, without exchange or collection charges to the owner or holder, at the MAIN BANK AND TRUST, San Antonio, Texas, the sum of -- DOLlARS ($ ). said sum being month' interest due that day on "CITY OF SCHBRTZ. TKD,S, U'T'ILITY SYS'T'E}1 Rr;;1JTi:NUr.: BOND. Sl<;RTIS 1972." dated March I, 1972. Bond No. $ (' ,. 0,)1 ' City Secretary SECTION 8: Form of Comptroller's Certificate. printed on the b~ck of each bond: OFFICE OF COMPTROLI~R ~ ~ ST A"'E OF TF.XAS ~ I HER~BY CRRTIFY that there is on file and of record in my office a certificate of the Mayor Substantially the folloHing shall be REGISTER NO. 68 Attorney General of the state of Texas to the effect that this bond has been examined by him as required by law, and that he finds that it has been issued in conformity with the Constitution and laws of the state of T~xas, and that it is a valid and binding special obligation of the City of Schertz, Texas, payable from the revenues pledged to its payment by and in the ordinance authorizing same, and said bond has this day been registered by me. WITNF:SS MY HAND AND SH:AL OF OFFICE at Austin, Texas, Comptroller of Public Accounts of the state of Texas S~CTION 9: Definitions. For all pur loses of this ordinance and in particular for clarity with respect to the issuance of the bonds her in authorized and the pledge and appropriation of revenues therefor, the following definitions are provided: (a) The term "System" means the City's combined Waterworks and Sanitary Sewer System and, in the event of the later construction or purchase of an electric light and power system and/or a natural gas system, then the combined Waterworks, Sanitary Sewer , Blectric Light and Power and/or Natural Gas Systems, including all present and future extensions, additi}ns, replacements and improvements thereto. (b) The term "net revenues" means the gross revenues of the System less the ' expense of operation and maintenance, including all salaries, labor. materials, repairs and extensions necessary to render efficient service, provided, however, that only such repairs and extensions as in the judgment of the City Council, reasonably and fairly exercised. are necessary to keep the System in operation and render adequate service to the City and the inhabitants thereof, or such as m:ght be necessary to meet some physical accident or conditi.on 101hich would otherwise impair the security of any bonds payable from and secured by a lien on the net revenues of the System shall be deducted in determining "net revenues". (c) The term "bonds" means the $35,000 revenue bonds aut:1orized by this ordinance. (i) The term "previously issued bonds" shall mean the outstanding and unppid bonds designated !CITY OF SCHERTZ. T~XAS, U'I'ILITY SYST4;M R~Vk:NU~ OONDS, SERTI:S 1968," dated March 1, 1968, in the original principal amount of 5579.000. (e) The term "additional bonds" means the additional parity revenue bonds which the City r~serves the right to issue under Section 19 hereof. (f) The term "bonds similarly secured" means the bonds, previously issued bonds and additional bonds Hhich are payable from a first Ii en on and pledge of the net revenue of the System. (g) The term" fiscal year" means the tWelve_mO'lth period ending September 30th of each year. S~CTION 10: Pledge. All of the net revenues of the combined System. with the excention of those in excess of the amounts required to establish and maintain the Funds as h~reinafter pro\~ded, are hereby irrevocably pledged for the payment of the bonds similarly secured if issued under the conditions and in the manner s98cified in this ordinance, and the interest th~reon, and it is hereby ordained that the bonds 'similarly secured, and the inter~st thereon shall constitute a first lien npon said net revenues. SECTION 11: Rates and Charges. The City covenants, reaffirms and agrees with the holders of the bonds similarly secured: (a) That it will at all times charge and collect for services rendered by the System rates sufficient to pay all operating, main enance, depreciation, replacement and betterment expenses, and other costs deductible in determining net revenues and to pay the interest on and principal of the bonds similarly secured and to establish and main- tain the Funds as herinafter provided; (b) If additional bonds are issued, or if the System should become legally liable for any other indebtedness, the City will fix and maintain rates and collect charges for the services of the System sufficient to -'! ischarge such indebtedness. SEGrIC'N 12: Fund Designations. All revenues derived from the operation of the System shall be kept separate from other funds of the City. To that end, the following special Funds heretofore created are her~byyreaffirmed: (a) City of Schertz Utility System Fimd, hereinafter called "System Fund",This Fund shall be kept in the City's deoository bank. () g (b) City of Schertz utility System Revenue Bond Interest and Sinking Fund, hereinafter colled "Interest and Sinking Fund" This Funi shall be deposited with the ~~IN BANK AND TRUST, San Antonio, Texas, as Trustee of the pledged revenues, and shall be used to pay principal of and interest on the bonds similarly secured when and as the same shall become due and payable. (c) City of Schertz utility System Revenue Bond Reserve Fund, hereinafter called "Reserve Fund". This Fund shall be deposited ,vi th the MAIN BANK AND TRUST, San Antonio, Texas, as Trnstee, and shall be used to pay principal of or interest on the bonds similarly secured falling Que at any ti e qhen there is not sufficment money available in the Interest and Sinking Fund. SH;CTICN ll: System FtlnQ~ All revenues of every nature received through the operation of the System shall be deoosited frorr. day to day as collected into the System Fund, and the reasonable and pr0per expenses of o'Jerating and maintaining the System as set forth in Section 9(b) hereof shall be C)aid therefrom upon approval of the City Council. All revenues of the System not actually required to pay expenses ann costs incurred as permi tte( by this Section shall be appropriated and used for the purposes and in the order of precedence hereinafter set forth. SECTION 14: Interest and Sinking Fund. In addition to the deposits required to be made into the Interest and Sinking Fund by the ordinance authorizing issuance of the previously issued bonds for the payment of the orincipal and interest requirements of such bonds, beginning on or before the lSth day of March. 1972, and on or before the lSth day of each month thereafter, until the bonds are paid and retired, the City shall deposit in said Fund an amount of money not less than one-sixth (1/6) of the next semiannual 'installment of interest to become due on the bonds. In addition. on or before the ISth day of March, 1972, CJnd on or before the ISth day of each month thereafter, through August IS, 1972, the City shall denosit in the Interest and Sinking Fund an amount of money not less than one-sixth (1/6) of the installment of principal to becorre due on the bonds on September 1, 1972; thereafter, on or before Se~)tember IS, 1972 and on or before the ISth day of epch month thereafter, until the bonds areiaid and retired, the City shall deoosit j in said Fund an amount of money not less than one-twelfth (1/12) of the next annual prin- cipal maturity to become due on the bonds. The amount received from the purchaser of the bonds her inafter sold as interest accrued thereon to the date of deli\~ry and th8 proceeds of the bonds found not bo be required for the completion cf the Waterworks improvements and extensions shall also be placed in the Interest and Sinking Fund. wich shall reduce by such amount the sums which T,vould otherwise be required to be placed in the Interest and Sinking Fund from the revenues of the System. SH;CTION 15: Reserve Fund. It is the City's purpose and intent and the City hereby covenants and reaffirms that it will provide for the accumulation of and, when accumulated, will thereafter continuously maintain in the Reserve Fund an amount not less than one and one-half (1-1/2) times the avprage annual principal and interest requirements of all bonds secured by a first lien on and pledge of the net revenues of the System. When fully aCCUMulated in accordance here~nth. no further payments need be m2de into the Reserve Fund. except that t.Jhenever said Fund is rnduced below such amount, monthly deposits shall be resumed as herinafter specified and continued until such time as the Fund has been fully restored. Honey in the Reserve Fund may be, at the option 'Jf the City. invested in direct obligations of the United States of Ame'ica, h3ving maturities not in excess of ten years from the date of making such investment. Any obligations in t.Jhich money is so invested shall be kept in escrow in the Trustee Bank, and shall be promptly sold and the proceeds of sale applied to the making of payments required to be ~de from the Reserve Fund whenever such payments are necessary to be made under the orovisions of Section 12( c2. The de posits into this Fund shall be subordinate to those reqdred to be made into the Interest and Sinking Fund. There is now on hand in the Reserve Fund the sum of $7S.l16 (which amount is in excess of the amount required to be accumulated ann maintained in said Fund for the bonds and previously issued bonds). In the event said Fund is reduced below such amount, monthly deposits shall be resumed and made, in accordance with the ordinance authorizing the previously issued bonds, on the ISth day of each month at the rate of not less than $1,000eper month. ~~ECTION 16: Deficiencies in Funds. If in any month the City shall. for any reason. fail to pay into the Interest and Sinking Fund and Reserve Fund the full amounts above stipulated. amounts equivalent to such deficiencies shall be set apart and paid into said Funds from the first available and unallocated revenues of the following month or months and such payments shall be in addition to the amounts hereinabove provided to be other- wise paid into said Funds during such month or months. SEcrION 17: Excess Revenues. Any revenues in excess of those required to fully extablish and maintain the Funds herein provided, may be used for the redemption of bonds similarly secured. or may be transferred to the general fund of the City and used for general or special purposes. S1<.:CTION 1e: Security of Funds. All special Funds heretofore created and herein re- affirmed for which this ordinance makes provision (except any portions thereof as may be at any time properly invested) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds. and such Funds shall be used only for the purposes permitted by this ordinance and the ordinance authorizing the previously issued bonds. SEcrION 19~ Issuance of Additional Parity Bonds. In addition to the right to issue bonds of inferior lien as authorized by the laws of this State. the City reserves the right hereafter to issue additional bonds. The additional bonds when issued shall be payable from and secured by a first lien on the pledge of the net revenues of the System in the same manner and to the same extent as are the bonds herein authorized and the previously issued bond, and the bonds similarly secured shall in all respects be of equal dignity. The additional bonds may be issued in one or more installments, provided, however. that none shall be issued unless and uhtil the following conditions have been met: (a) The City is not then in default as to any covenant. condition or obli_ gation prescribed by this ordinance or the ordinance authorizing the previously issued bonds. (b) That the laws of the State of Texas in force at such time provide per- mission for the issuance of such bonds. (c) That each of the Funds reaffirmed by this ordinance contains the amount of money then required to be on deposit therein. (d) The net revenues of the System for the completed twelve (12) months immediately preceding the adoption of the ordinance authorizing the issuance of the additional bonds are equal to at least one and one-half (1-1/2) times the average annual requirement for the payment of principal and interest on the then outstanding bonds and on the additional bonds, as such net revenues are shown by a report by a certified public accountant or a licensed public accountant. The term "net revenues" as used in this Section 19 shall mean the gross revenues after deduction of expenses of operation and m2intenance. but not deducting expenditures which. under standard accounting practice. should be charged to capital expenditures; PROVID~. HOWEVER. that the requirement of this subparagraph (d) shall not apply or be a condition to the right of the City to issue bonds for the initial acquisition (by purchase or construction) of an electric light and power system and/or a natural gas sy~tem in and for said City. but such bonds may be issued at any time provided the City has secured a certificate from an engineer registered by the State Board of Registration for Professional Engineers of the State of Texas. showing that the average annual net income and revenues of the System (after providing for adequate maintenance and operation expenses) as estimated by him throughout the maturities of all of such outstanding bonds. will be at least one and one-half (1-1/2) times the average annual requirements for the payment of principal and interest on all bonds to be payable from and secured by a first lien on the net revenues of the System after giving effect to the issuance of the proposed additional bonds. (~) The additional bonds are made to mature on SeDtember I in each of the years in which they are scheduled to mature. 71 (f) The ordinance authorizing issuance of the additional bonds provides for the accumulation in the Interest and Sinking Fund of amounts sufficient to pay the prin- cipal of and interest on such additional bonds as same mature. (g) The ordinance authorizing issuance of the additional bonds provides that the amount to be accumulated and maintained in the Reserve Fund shall be not less than one-half (1-1/2) times the average annual requirement for the payment of principal of and interest on all bonds to be secured by a first lien on and pledge of the net revenues of the System after giving effect to the issuance of the proposed additional bonds. and provides that any additional Reserve Fund amount which may thus be required shall be accumulated in equal monthly installments within sixty (60) calendar months from the date of adoption of the ordinance authorizing such proposed additional bonds. SECTION 20: Maintenance and ODeration - Insurance. The City shall maintain the System in good condition and operate the same in an efficient manner and at reasonable cost. So lone as any of the bonds similarly secured are outstanding, the City agrees to maintain insurance for the benefit of the holder or holders of the bonds on the System of a kind and in an amount 1-Vhich usually 1tlOuld be carried by rpivate companies engaged in a similar type of business. Nothing in this ordinance shall be construed as requiring the City to expend any funds which are derived from sources other than the operafion of the System but nothing herein shall be construed as preventing the City from doing so. SECTION 21: Reconrds _ Accounts - Accounting Reoorts.. The City hereby covenants. reaffirms and agrees that so long as any of the bonds similarly secured or any interest thereon remain outstanding and unpaid. it will keep and maintain a proper and complete system of records and accounts pertaining to the operaticm of the System (separate and apart from all other records and accounts) in which complete and correct entries shall be made of all transactions relating to said System. as provided by Article Ill], V.A.T.C.S. and that the holder or holders of any of the bonds or any dulY authorized agent or agents of such holders shall have the right at all reasonable times to inspect all such records, accounts and data relating thereto, and to inspect the System and all properties comprising same. The City further agrees that 1-Vithin sixty (60) days following the close of each fiscal year, it will cause an audit of such books and accounts to be made by an independent firm of Certified Public Accountants or Licensed Public Accountants. Each such audit, in addition to I.Jhatever other matters may be thought proper by the Accountant, shall parti_ cularly include the following: (a) A detailed statement of the income and expenditures of the System for such fiscal year. (b) A balance sheet as of the end of such fiscal year. (c) The Accountant's comments regarding the manner in which the City has carried out the requirements of this ordinance, and his recommendations for any changes or improvements in the operation, records and accounts of the System. (d) A list of the insurance policies in force at the end of the fiscal year on the System pr~perties, setting out as to each policy the amount thereof, the risk covered. the name of the insurer, and the policy's expiration date. (e) A list of the securities which have been on de~)osi t as security for the money in the Interest and Sinking Fund throughout the fiscal year, a list of t he securities, if any, in which the Reserve Fund has been invested, and a statement of the manner in which money in the System Fund has been secured in such fiscal year. (f) The number of properties connected with the System. Expenses incurred in making the audits above referred to are to be regarded as maintenance and operating expenses and paid as such. Copies of the aforesaid annual audit shall be immediately furnished to the Sxecutive Director of the Municipal Advisory Council of Texas at his office in Austin, Texas, and to the original holders of the bonds and any subsequent holder at his reouest. At the c;Lose of the first six months I r::eriod of each fiscal year, the City Secretary is hereby directed to furnish a copy of an operating and income statement in reasonable detail covering such period to any bondholder upon his request therefor received not more than thirty (30) days after the close of said six months' period. Any bondholder shall have the right to discuss with the Accountant making the annual audit the contents thereof and to ask for such additional inforr'1ation as he may reasonably r~quire. 72 s~crION 22: Remedies in Event of Default. In addition to all the rights and remedies provided by laws of the state of Texas, the City covenants, reaffirms and agrees particularly that in the event the City (a) defaults in payments to be made to the Interest and Sinking Fund or Reserve Fund as required by this ordinance. or (b) defaults in the observance or performance of any other of the covenants, conditions or obligations set forth in this ordinance, the following remedies shall be availa~: (I) The hmlder or holders of any of the bonds shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the City Countil and other officers of the City to observe and perform any covenant, condition or obligation prescribed in the bond ordinance. (2) No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies ;::n1 the specification of such remedies shall not be deemed to be exclusive. SECTION 21: Special Uovenants. The City hereby further covenants. r~affirms and agrees as follm-1s: (a) That it has the lawful power to pledge the revenues supporting this issue of bonds and has lawfully exercised said power under the Constitution and laws of the State of Texas, including said power existing under Articles llll through 1118. V.A. T.e.S.; thr:t the bonds similarly secured shall be ratably secured under said pledge of in- come in such manner that one bond shall have no preference over any other bond of said issue. (b) That other than for the pledge made for the bonds herein authorized and the previously issu~d bonds, the rents, revenues and income of the System have not in any manner been pledged to the payment of any debt or obligation of the City of of the System. (c) That, so long as any of the bonds similarly secured or any interest thereon remain outstanding, the City will not sell or encumber the System. or any substantial part thereof, and that, with the exception of the additional bonds expressly permitted by this ordinance to be issued, it will not encumber the re~enues thereof unless such encumbrance is made junior and subordinate to all of the provisions of this ordinance. (d) That no free service of the System shall be allowed, and should the City or any of its agencies or instrumentalities make use of the services and facilities of the System, payment of the reasonable value thereof shall be made by the City out of funds from sources other than the revenues and income of the System. (e) To the extent that ~t legally may. the City further covenants and agrees that, so long as any of the bonds similarly secured or any interest ther~on are olJtstanding, no franchise shall be granted for the installation or operation of any COIll- peting waterworks or sanitary sewer system (or electric light and power and/or natural gas system in the event of the later acquisition of either or both of such systems). that the City will prohibit the operation of any waterworks or sanitary sewer system other than those owned by the City, and the operation of any such sy~;tem by anyone other than the City is herp.by prohibited. SEcrION 24: Bonds are Special Obligations. The bonds are special obligations of the City payable from the pledged revenues. and the holders thereof shall never have the right to demand payment thereof out of funds raised or to be raised by taxation. S~CTION 2S: ~onds as Negotiable Instruments. Each of the bonds herein authorized shall be deemed and construed to be a "Security". and as such a negotiable instrument, within the meaning of Article 8 of the Uniform Commercial Code. SECT'ION 26: Mayor to Have Charge of Records and Bonds. The Mayor of the City of Schertz shall be and he is hereby authorized to take and have charge of all necessary orders and records p~nding investigation by the Attorney General of the State of Texas. and shall take and have charge and control of the bonds herein authorized, pending their approval by the Attorney General and their registration by the Comptroller of Public Accountsl S~CTION 27: Confirmation of Sale. That the sale of the bonds herein authorized to TEXAS SECURITIES OORPORATION, SAN ANTONIO. TEXAS at the price of par and accured interest ~ .) , ~) to dat..~ tf dtd~liV_e-ry~R+u~,a p~Itit1!m:Qf.$ ':"O~_ is hereoyconfirmed.Delivf3r:t of the honds' shall' be 'made to said purchasers as soon 'as may be after the adoption of this ordin8nce, upon payment therefor in accordance with the terms of sale. SECTION 28: Emergency. The fact that it is to~the best interest of the City to provide funds for the City's' Waterworks System improvements and extensions at the earliest possible date constitutes and creates an emergency and an urgent public necessity requiring that any rule providing fer ordinances to be read more than one time or at more than one meeting of the City Council be suspended, and requiring that this ordinance be passed and take effect as an emergency measure, and such rules and provisions are accordingly suspended. and this ordinance is passed as an emergency measure and shall take and have effect and be in full force from and after its passage. PASSED AND APPROVED, this the 2nd day of March, 1972. /s/t/ RoY W. Richard ATTEST: Mayor, City of Schertz. Texas /s/t/ Robert C. Bueker City Secretary. City of Schertz, Texas City Seal A recommendation by the Board of Directors, Schertz Volunteer Fire Department. to appoint Mr. F. H. Rusch as Fire Marshall, Mr. ~d Melton as Assistant Fire Marshall and Mr. Archie Woodward as Fire Chief was received and approved for 1972 following motion rj ~ by Mr. Chambless. second by Mr. Dunham and unanimous vote of the council. ~D; Mr. Cross, City Sngineer presented contracts for award to bidders on street Improvement~ 1~ and Waterworks Improvements. Contract for street improvements was signed with Austin ~\' Peving Co. following motion by Mr. Koym, second by Mrs. Koch and unanimous vote of the coun- cil. Contract for waterworks improvements was signed with R & R Construction Co. folJowing motion by Mr. Dunham, second by Mr. Schwartz and unanimous vote of the council. ~~,1~ Ordinance # 246 was approved following motion by Mr. Schwartz. second by Mr. Chambless an~ voted on unanimously. Ordinance 246 follows: 2> 3-1 ORDINANCE NO. 246 AN ORDINANCE APPOINTING TH'fi: BOARD OF SQUALIZATION FOR THJ<: CITY OF SCHERTZ, TSXAS FOR THE EAR 1972. PROVIDWG FOR THH;IR DU",ISS AND COMPENSATION, AND TIME OF MEF:TING. ltlHli.:REAS, the time has now arrived for the work of the Board of Equalization to begin and no such Board has yet been appointed for the year 1972, now therefore: BE IT ORD~ IWi:D BY THH; CITY COUNCIL OF THE CITY OF SCHERTZ. TEXAS: That, Mr. Fred K. Thomas, }1r. Hugh G. Sandifer, and Mrs. Alice R. Austin, are hereby appointed to .the Board of Equalization of the City of Schertz. Texas, for the year 1972, to perform the duties of such Board of E1ualization for the City of Schertz. Texas, as prescribed by the Gonstitution and Laws of the State of Texas, and ordinance of the City of Schertz. Texa~; such Board shall receive all the assessment lists and books of the assessor of the City of Schertz, Texas, for examinction, correction. equalization, appraise- ment, and approval for the City of Schertz. Texas; the members thereof shall receive for thei compensation the Sllm of $50.00 (Fifty Dollars); and such shall be convened on the lOth day of April, 1972. in the City Hall at Schertz, Texas at 9: (:0 a .m. and each succeeding day thereafter until all tax records have been reviewed and approved. At each meeting of said board, the City Secretary shall act as secretary therefor. PASSED AND APPRO\TBD THIS THE 2d day of March, 1972. /s/t/ Rov W. Richard ATT~ST: Mayor s/t/ Robert C. Bueker City Secretary City Seel [\)74- ~PPlication for Electrical License by William Little was approved following motion by Mr. Koym ? second by }1rs. Koch and unanimous vote of the council. ~A joint municioal resolution initiated by Universal City was approved by mo~ion of Mr. ~Chambless, second by Mr. Dunham and unanimous vote of the council. Resolut1on #267 c:?follows: :~REAS. Randolph Air Force Base and the cities of Cibolo, Converse. Live Oak, Schertz and Universal City have jointly created the Randolph Sub-Region Thoroughfare study Group to create a thoroughfare plan for the sub-region; and \{HER~AS. Captain Michael Donovan has been designated by the Air Force as Technical Representative to the Study Group; and \4HER~AS, Captain Donovan, utilizing his experience and technical background, has performed in an outstanding and proficient manner in developing the background for the study, the area to be covered, the factors to be considered in devising the plan and other matters relating to the study; and ~~RF.AS, Captain Donovan's efforts have contributed to a successful initiation of the study; and WHEREAS, Captain Donovan's service with the Air Force will conclude February 29. 1972. BP.: IT RESOLVBD: That Captain Donovan's effective efforts be noted with full appreciation. PASSED AND APPRO'TED THIS 2nd day of March, 1972. s/t/ Mayors of Five Cities Above Noted. ATTEST: s/t/ City Secretaries of Fi--e Cities Above Noted. ~esignations were received from two members of the Citizens Advisory Committee. ..Mrs. Viola Brickman and Mr. Malford Brehm. Mr. Dunham motioned, }1r. Koym seconded and l\)vote was unanimous to accept the resignations. ~otion was made by Mr. Schwartz. second by YU'S. Koch and passed by unanimous vote of the ~ council to appoint CMS Dur'mod A. Smith and Mrs. Emilie Anderson as new members to the ~Citizens Advisory Committee. ~otion was made by Mr. Chambless, second by Mr. Schwartz and passed by unanimous vote to ~appoint Mr. Malford Brehm to the Zoning and Planning Committee. An issue contained in the February 23, 1972 Minutes of the Zoning and Planning Commission ~relating to Land Use of R-4 property by the Scouting Association was discussed. Section ~17 c-12 of the Zoning Ordinance required special use action by the City Council. Motion ~was made by Mr. Koym, second by Mrs. Koch and passed by majority vote: AYES - four. NOES ~- one (Mr. Schwartz) to disallow the use of R-4 property for scouting purposes. ~Zoning of Live Oak Road and Aero Ave. as contained in the Zoning and Planning Commission pMinutes of February 23, 1972 was accepted as written following motion by Mr. Schwartz, ~second by Mr. Chambless and voted on unanimously by the city council. A request for side yard variance contained in Zoning and Planning Cl",u,':;'ssion Minutes of February 23. 1972 was not accepted. City Secretary was instructed to return the request to Zoning and Planning Commission for further consideration and hearing by the contractor. Discussion was held on a proposed eurbcut ordinance, an ordinance requir~ng utilities companies to pay an inspector's fee and to notify the city of all improvements prior to conduct of work, and an ordinance to control industrial waste. City Secretary was instructed to obtain additional background information prior to writing and adoption of such ordinances. 1""" "" 'tJ Councilman Schwartz requested he be relieved from Community Council responsibilities in Seguin and suitable replacement be found. Recommendation was made that Mrs. Hargroves be approached as a possible replacement. Discussion was held on beginning action on Home Rule Charter. Sufficient copies of existing charters are on file to provide a basis of consideration. Police and Fire Department Commissioner Chambless requested an ordinance be adopted granting the Fire Deoartment authority to review all subdivision plats and prescribe locations for fire hydrants. No action was taken. City Secretary was instructed to place the item on the agenda for March 10. Discussion was held on the possibility of providing a new lighted ball diamond in the city park this year. Park Commissioner Schwartz stated existing leagues could operate under present conditions at this time. The proposal was cancelled. The Street Improvement Bond Issue was discussed in relation to acquisition of remaining1~ right-of-ways. Recommendation was made in the form of a motion by Mr. Chambless to ~\' pay $5.00 per linear foot for Live Oak Road property. Mr. Dunham seconded the motion and vote was unanimous. Authorization was given Police D0partment to order and install new street sit~s where required in the Ur~an Renewal area. rl~ ~'l Ordindnce # 247 was presented to the council by City Attorney Saegert. Motion for a~oPtior of the ordinance was made by Mr. Schwartz, second by Mr. Chambless and voted on unanimouslJ Ordinance I 247 follows: ORDINANCE NO. 247 AN ORDINANCE AwmDING ORDINANCE NO. 140 OF THE CITY OF SCH~RTZ. TR.XAS, CONCERNING SUBDIVISION IN SAID CITY AND lfITHIN ITS EXTRA-TERRITORIAL JURISDICTION. BF. IT ORDAINED BY TH4; CITY COUNCIL OF THE CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS: I. That that ordinance No. 140 governing the construction of subdivisions within the city limits of the City of Schertz, Guadalupe County, Texas and within its extraterrito- rial jurisdiction be amended as follows: (1) That those sections of said ordinance which specify a reinspection of streets or other major utilities when required by the engineer of the City of Schertz, Texas be amended to read, "That the City of Schertz, Guadalupe County, Texas Hill require a $50.00 fee to be paid to said city by such subdivider l.Jhen each such reinspection is required". PASSED AND APPROVED this the 2nd day of March 1972. Is/t/ Roy W. Richard Hayor ATTEST: s/t/ Robert C. Bueker City Secretary Motion was made to adjourn at 10:50 p.m. ATTF,ST: PcA4'AJ city' Secretary APPROVED: C~AJ aJ. J Mayori'v - 7G MlRUTIS OF THE MllnNG OF THE CITY OOUBCIL', CITY OF SCHEl.TZ, TIXAS HELD ON MARCH 10, 1972 The regular ..eting of the City Council was convened at the direction of M~or Roy Wi Richard at 7 :30 PM in the City Ball. Aldemen in attendance were Mr.. Bobbie Koch, Mr. Raysond Koya, and Mr. Leon Chamble... "it' A letter froa lerdie R. Canion,' 626 Mitchell Ave., reque.tins pend..ion to cutythe ~\ curbias in front of her hou.e a di.tance of 4 feet 6\ inches wa. read. A motion vas ..de ~ by Mr. Chaable.. aad seconded by Mr. Koya to srant penduion to Mi.. Canion. It was voted on unanimou.ly. Ho.pitalization In.urance policy for city employees wa. di.cu..ed. A policy froa Occidental of California was approved continsent upon employee. approval. The city will pay half the co.t. Total coverage co.t i. $19.96. Cond....tion proceeding. for the drainage ditch acro.. V. J. Keefe property va. dis- ~~cu.sed. It wa. motioned by Mr. Chamble.. that a price of $400 per acre be offered. After ~ a .econd by Mr.. Koch, it wa. voted on unanimously. Petitions on pending annexations i..ediately to the north of the pre.ent city limits ~~line of Schertz were approved. No date vas .et for the public hearings at this time. ~ Mr.. Koch motioned that the petition. be approved and Mr. Koya seconded it. It was voted ~ on unanimou.ly. A letter reque.ting approval of an amendment to the planning contract with Ma~n, Mok & Green, Inc. wa. read. The original contract stated that the delivery to the City ~~of a ba.e aap .howing street., .treet name., lot., and other exi.ting feature. at a scale " of 1" to 600'. . The amendment read that the delivery to the City of all plannins ..p. ~ at a .cale of 1" to 1000'. It wa. motioned by Mr. Koya and .econd.. by Mrs. ICoch to approve the amended contract. The vote va. uaanimou.. An electrical licen.. application froa Le.ter Allen eo.pany va. di.cu...d. It ~1)>va. motioned by Mn. Koch and .econded by Mr. Chaable.. that it be approved contingent ~~ upon receipt of hh .urety band. The vote va. unaniao.. Mayor Richard .tated that he vi shed a compari.on on price. of the Vall~ Mev. and the Weekly Herald be run. A Utilities Control Ordinance wa. di.cu..ed. It was decided that it .hould include the.e factor.: 1. Provide for City In.pector -- in.pection fee per day. 2. Working area .afely aarked and kept clean. Thi. i. to be done a. quickly a. po..ib1e. 3. All plans & .pec. for improving, altering, repairing, relocatinl, etc. mu.t be pre.ented to the City Council for approval before work co..end.. 4. A. built plan. alway. current. S. No .treet cut without council approval. 6. Tree tri-.dnl to meet with city in.pector. approval. 7. No .treet will r...in clo.ed to traffic at nilht without notification of police and fire dept. unle.. approved. I- It wa. al.o .usge.ted that purcha.e of the electrical .y.tea be reviewed. More info~tion i. needed. ,..., ,..., , , Chief-of-Police Eugene Schoonover stated his need for a man to do street work and odd jobs. Mr. Harold E. Whitcomb, 202 Maple Dr., was approved at a salary of $400.00. Moises De Leon will be relieved of his duties. After a motion by Mr. Chambless and seeonded by Mr. Koym the meeting was adjourned at 9:30 PM. APRROVED: 12_. .~,/C2JM-12 ~''" ~TTE.,. .,: . .' ' . ~ il . , ~..//\/ City Secretary MINUTES OF THE MEETING OF THE CITY COUNCIL, CITY OF SCHERTZ, TEXAS, HELD ON MARCH 23, 1972 The regular meeting of the city couneil convened at the direction of Mayor Roy W. Richard at 7:30 PM in City Hall. Fellowing council members were present: Mrs. Bobbie L. Koch, Mr. Raymond G. Koym, Mr. Robert E. Schwartz and Mr. Leon R. Chambless. Absent: Mr. Jimmie V. Dunham. Coy Si..ons of Coy Simmons Realty Co. appeared iefore the council to present a pre- liminary plat of Oak Forest Subdivision and to request a building permit for construction of two houses on lots 30 and 32 of said subdivision pending approval of the plat by Zoning and Planning Commission. Tentative acceptance of the plat was acknowledged subject to review and approval by the Zoning and PLanning Commission. The traffic Thoroughfare Study prepared by Clifford Cason & Associates, Inc. was pre- sented by Mr. Walter Schertz, City of Schertz representative on the committee. Following exceptions to the study were noted and city secretary was instructed to inform the planner of such exceptions by letter: I. South side of Randolph AFB generates majority of traffic on the military reservation and provision should be made to release traffic from this area at new gates to the southeast and southwest of the airbase. 2. The proposed bypass of Schertz is impractical. Acquisition costs would be exhorbitant through developed commercial areas. 3. The study, as presented, portrayed a land use plan. This is not to be include~ in the study. City comprehensive plans establish land use patterns. Study is to be con- fined to traffic thoroughfare elements only. 4. No east-west thoroughfares are noted for Schertz. Yet, these elements are part of the city's comprehensive plan. 5. The noise zone pattern slhould be superimposed on the thoroughfare map. 6. Council decision calls for improvement of PM 78 first with proposal for a shallow bypass route to be considered for the future with emergence of the bypass from the south reentering PM 78 at a point to the west of Live Oak Road. 7. FM ISl8 should not be considered as a major thoroughfare. 8. 1st and 3rd east-west streets south from IH 35 should be eliminated. These streets are not part of the city's comprehensive plan. East-west axis of Live Oak Road 7R should flow into the ~ra.er tract and thence to PM 1518 in a smooth pattern. 9. Live Oak Road north-south is to be designated as a ..jor thoroughfare. 10. PM 1518 should be aligned north and south of PM 78 with a .pur coaing into B.andolph. Charles Cro.., City Ingineer, pre.ented elements to be contained in a curb cut ordi- nance. A draft of this ordinance will be ready for the April 6 ...ting. ,~~"P Ordinanc. 1248 was approved following motion by Mr. Chaables., .econd.d by Mr. ~oym ~nd passed by aajority vote. Ordinance 1248 follows: All OB.DIliANCE OF THE CITY OF SCHEIl'l'Z EXTDDIliG THE EXTRA TEIlB.I'l'OIlIAL .JURIS- DICTIOli OF SUCH CITY Alf1) DESIcrnATIliG SUCH TRACTS OF LAli1D IliCLUDED WITHIN SUCH CITY TDIlITOB.IAL JUIlISDICTIOR. WHEIlIAS, those certain property owner. as shown by copies of contracts extending extra territorial juri.diction of the City of Schertz, Texa., hereto attached, have reque.ted that their tract. of land situated in Comal County, Texa., more fully de.cribed in copi.s of such contract. attached, b~ included within the territory over which the City of Schertz, Texas exercise. extra territorial jurisdiction for all purposes a. set out in Article 970A V.A.T.S., of Texa.: AlID, WBIB.EAS, the said tracts of land are contipous and are bounded on the South by land. in the .xtra territorial juri.diction of the City of Schertz. Texas, and .aid ter- ritory specifically exclude. extra territorial juri.diction right. ex.rci.ed by the City of San Antonio; MOW, TREB.IPOIlI, be it ordained by the City Council of the City of Schertz, T....: 1. That the tract. of land owned by the h.rein above ..ntioned partie., described in the copies of contracts requestinl extra territorial jurisdiction hereto attach.d. be includ.d within the territory, over which the City of Sch.rtz, T.xa., ex.rci.e. extra territorial juri.diction for all purpo.e. as s.t out in 970A V.A.T.S. of Texa.. 2. The boundaries of the said tracts of land, forming a contiluous area, also con- tiluou. to lands al.o now in the extra t.rritorial jurisdiction of the City of Schertz, Texa., are d..cribed in the copies of contract. requestinl .xtra terri- torial juri.diction hereto attached and ..de a part hereof. PASSID All]) APPIOVID "'h 23rd day of March, 1972. S/r/I)o Y 61/. /l., CH--"I-e..u Mayor ATTEST: .5/,1 &aee...T c. i3u~R- City Secretary (CIT! SEAL) ATTA~....,) ETJ --- Mr. and Mrs. L. ~. Lo....n Mr. and Mrs. Ervin J. Burkhardt Mr. and Mrs. Gilbert Burkhardt Mr. and Mr.. Edlar Burkhardt 7U / ~~~ San Antonio bid propo.~ls received for trucks was reviewed and motion made by ~-I Mr. Chambless to purchase o~e 25,500 ton truck for the bid price of $5,680.00. Motion was seconded by Mr. Schwartz and voted on unanimously. The truck bed will be purchased separately. Motion was made by Mr. Schwartz, secondeddby Mrs. Koch and voted on unanimously to ~~~ approve payment of $3,350 to Texas Securities Corp. for financial services rendered on 6b the $150,OOO Street Improvement Bond issue. Application for electtrical license by Hargrove Electric Co. of San Antonio was ~,,1Ju approved following motion by Mr. Chambless, seconded by Mr. Koym and voted on Unanimously. Comparative prices for cost of newspaper advertising by The Valley News and the Weekly Herald were reviewed. Cost figures submitted by Vally News were lower and decision made to continue with the Valley News as the official newspaper of the city following ,1~ motion by Mr. Schwartz, seconded Mrs. Koch and voted on unanimously. 5~ A resolution IIOl3 was approved following motion by Mr. Chambless, seconded by ~3,1~ Mr. Schwartz and votedcon unanimously. Resolution IIOl3 follows: WHEREAS, the City of Schertz, Texas has been advised by the Alamo Area Council of Governments of a Criminal Justice Grant with regards to regional law enforcement communi- cations; and WHEREAS, theCity of Schertz, Texas has been informed by the Alamo Area Council of Governments that approxi..tely $558.78 will be the share required from the City of Schertz, Texas under said grant; NOW THEREFORE, BE IT RESOLVED BY THE CITY OOUNCIL OF THE CITY OF SCHERTZ, TEXAS, That all of the recitals and preambles hereinabove stated are included and made a part of this resolution and that the City of Schertz, Texas by this resolution authorizes the Alamo Area Council of Governments to solicit bids on its behalf in connection with ~he Criminal Justice Grant for participation in the regional law enforcement communications system. BE IT FURTHER RESOLVED that bids pertaining to the share of the City of Schertz, Texas in this regional law enforcement communications system are subject to final approval of a budget reflecting such amount and under no condition of circumstance does this agree- ment in any way constitute an obligation of the City of Schertz, Texas, and being further subject to the provision that this program is a part of a federal grant and any payments herein are contingent upon the availability of said federal funds. APPROVED: S/r / f<Dy vJ. ,,<- I (.1-t4 IZ....o Mayor, City of Schertz,Texas ATTEST: SIT /Coi.ErLT e. i3\..LE ~YL City Secretary, City of Schertz, Texas (CITY SIAL) The meeting adjourned at IO:IO PM. APPRDVED~(2j AAJ!2- Mayor ATTEST: ~~;BJ~ City Secretary 80 MINUTES OF THE MEETING OF THE CITY OOUNCIL, CITY OF SCHERTZ, TEXAS, HELD ON MARCH 27, 1972 A special meeting of the city council c~ened at the direction of Mayor Roy W. Richard at 7;30 AM in City Hall. The following council members were present; Mr. Leon Cha.bless, Mrs. Bobbie L. Koch, Mr. Robert Schwartz, & Mr. Raymond Koym. Absent: Mr. Jimmie V. Dunham. ~~ An ordinance extending the extraterritorial jurisdiction of the City of Schertz was ~~read by Mayor Richard. It was motioned by Mr. Schwartz, seconded by Mr. Chambles. to accept the ordinance a. read. It was voted on unanimously. Ordinance No. 249 follows: AN ORDINANCE OF THE CITY OF SCRERTZ EA.l.w_uING THE EXTRA TERRITORIAL JUUSDICTlON' OF SUCH CITY AND DESIQHATING SUCH TRACTS OF LAND INCLUDED WITHIN~:SUCH CITY TERRITOIlU1. JURISDICTION. WHEREAS, those certain property owners as shown by copies of contracts extending extra territorial jurisdiction of the City of Schertz, Texas, hereto attached, have requested that their tracts of land situated in Comal County, Texas, more fully described is eo,ies of such contracts attached, be included within the territory over which the City of Schertz, Texas exercises extra tertitorial jurisdiction for all purposes as set out in Article 970A V.A T.S , of Texas: AND, WHEREAS, the said tract of land are contiguous and are bounded on the South by lands in the extra territorial jurisdiction of the City of Schertz, Texas, and said terri- tory specifically excludes extra territorial jurisdiction rights exercised by the City of San Antonio: NOW, THEREFORE, be it ordained by the City Council of the City of Schertz, Texas: 1. That the tracts of land owned by the herein above mentioned parties, described in the copies of contracts requesting extraterritorial jurisdiction hereto attached, be included within the territory, over which the City of Schertz. Texas, exercises extra territorial jurisdiction for all purposes as set out in Art. 970 A V.A.T.S of Texas r 2. The boundaries of the said tracts of land, for.ing a contiguous area, 8lso contiguous to lands also now in the extraterritorial jurisdiction of the Ci,y of Schertz, Texas, are described in the copies of contracts requesting extra- territorial jurisdiction hereto attached and made a part hereof. PASSED AND APPROVED this the 27th day of March, 1972. ~~J4A-~ Mayqt A~!7~ _ ~~ City Secretary ATTAOIBENTS ETJ: Mr. & Mrs. Arnold A. Moos, 0.54 acres Mr. & Mrs. George M. Heberer, 112.759 acres Mr. & Mrs. Arnold A. Moos, 20.134 acres Mr. & Mrs. Arnold A. Moos, 24.62 acres Mr. & Mrs. Adolph i. Scheel, 16.84 acres Mr. & Mrs. Adolph Scheel, 23.12 acres Mr. & Mrs. Adolph Scheel, 38.477 acres Mr. & Mrs. Adolph Scheel, 60.14 acres Mr. & Mrs. Adolph Scheel, 146 acres Kl c The meeting adjourned at 8:00 AM. APPROVED: f2._.AAJ~j6A-1b '''''-'"0'''' Mayor ATTEST: /}~ City Secretary MINUTES OF THE MEETING OF THE CITY roUNCIL, CITY OF SCHERTZ, TEXAS, HELD ON April 1, 1972 A special meeting of the city council convened at the direction of Mayor Roy W. Richard. at 8:30 PM in the Fire Station for the purpose of canvassing the votes of the General Election. The following council members were present: Mr. Leon Chambless, Mrs. Bobbie L. Koch, Mr. Robert Schwartz, & Mr. Raymond Koym. Absent: Mr. JiDunie V. Dunham. Following results of the election were presented to the City Council by election judge Mr. Fred Thomas: FOR TWO ALDERMEN POSITIONS -- Mrs. Elvira A. Hild, 54; Mr. Alfred V. Evans, Jr. 32; Mr. Jesse W. Graham, 187; Mr. Edward H. Mazian, 43; Mr. Hugh G. Sandifer, 252; Mrs. Bobbie L.~Koch, 167; Mr. HerBert Flowers, 1; Daniel Walker. 1; and Mr. Jesse Jackson. I. FOR OFFICE OF MAlOR: Roy W. Richard, 333; Aaron Beck, 2; GeDe Cartwright, I; E. H. Mazian, 2; Mark Norwine,2; Ed Melton, 3; Emilie Anderson, 1; Barry H. Price, I; Ronald Dellums, I; Joe Spears, I; Mr. Funham, I; J. Wayne Davis, 1; and Robert Schwartz,3. Mr. Chambless .otioned, Mr. Koym seconded and vote was unanimous that the tally of5S~7~ votes cast be accepted without contest and that candidates Sandifer. Graham, and Roy W. Richard be declared winners of the election. APPROVED: r:?~A/1AJ~ ~;:,{v... ~ ~ ATT~: fi~j~ aJ:-/ City Secretary MINUTES OF THE MEETING OF TIlE CITY COUNCIL OF TIlE CITY OF SCHERTZ, TEXAS, HELD ON April 3, 1972 A special meeting of the city council convened at the direction of Mayor Roy W Richard at 1:30 AM in City Hall. The folaowing members were present: Mr. Leon Chambless, Mr.~ Bobbie L. Koch, and Mr. Raymond Koym. Absent were Mr. Robert Schwartz and Jimmie V. Dunham. An ordinance extending the extraterritorial jurisdiction of the City of Schertz was 1~ read by Mayer Richard. It was motioned by Mr. Chambless, seconded by Mrs. Koch to ,5tP accept the ordinance as read. It was voted on unanimously. Ordinance No. 250 follows: AN ORDINANCE OF THE CITY OF SCHERTZ EAL:J!.J.'uING THE EXTRA TERRITORIAL JURISDICTION OF SUCH CITY AND DESIGNATING SUCH TRACTS OF LAND INCLUDED WITIlIN SUCH CITY TERRITORIAL JURI SDICT<lfIN . Co! ~) o ...oJ WHEIBAS, those certain property owners as show by copies of contracts extending extra territorial jurisdiction d tbe City of Schertz, hereto attached, bave requested tbat their tracts of land situated in Comal County, Texas, m~e fully described in copies of such contracts attacbed, be included witbin tbe territory over which the Ci~ of Scbertz, Texas exercises extra territorial jurisdiction for all purposes as set out in Article 970A V.A.T.S., of Texas; AND WHEREAS, tbe said tracts .f land are contiguous and are bounded on the south and east by lands in the extra territorial jurisdiction of the City of Schertz, Texas, and said territort specifically excludes extra territorial jurisdiction rights exercised by any other municipality; NOW, THEREFORE, be it ord'ined by the City Council of the City of Schertz, Texas: I. That tbe tracts of land owned by the herein above mentioned parties, described in the copies of contracts requesting extra territorial jurisdiction hereto attached, be included within the territory, over which 'he City of Schertz. Texas, exercises extra territorial jurisdiction for all purposes as set out in 970A V.A.T.S. of Texas. 2. The boundaries of the said tracts of land, forming a contiguous area, also contiguous to lands also now in the extra territorial jurisdiction of the City of Schertz, Texas, are described in the copies of contracts requesting extra territorial jurisdiction hereto attached and made a part hereof. PASSED AMD APPROVED this the 3rd day of April, 1972. ~g.j ~ Mayof 7dZte~ City Secretary ATTACHMENTS ETJ: O. O. and Thelgo Marbach M. A. and Versie Buehring Leon and Ottemar Timmerman Mrs. Grace T. Huffman A public hearing on two annexation, % sq. mile, each located north of IH 35 and east of Doerr La.e encompassing lands owned by Roman ~raft, Richard Kraft; Hubertus, Voight, ~Frobese, Benny Tolle, Knight, Naylor and Barnett.was held. Xo contelt wa. made of the -N f'\ proposed annexation. Motion was made by Mr. hym and seconded by Mrs. ~och and voted ~ on unanimously to proceed with annexations. The meeting adjourned at 8:00 AM. APPROVED: M~aJ~ A~ ~~LiJ~ C ty Secretary I I. an MINUTES OF 'mE MEETING OF 'mE CITY OOUNCIL, CITY OF SCHERTZ, TEXAS, HELD ON APRIL 3, 1972 A special meeting of the city council convened at the direction of Mayor Roy W. Ricaard at 7:35 PM in the Council Chambers. The following members were present: Mrs. Bobbie L Koch, Mr~ Leon Chambless, & Mr. Robert Schwartz. Absent: Mr. Raymond Koym and Mr. Jimmie V. Dunham. An ordinance extending the extra teriitorial jurisdiction of the City of Schertz 5~-1~ was read by Mayor Richard. It was motioned by Mrs. Koch and seconded by Mr. Chmbless to accept the ordinance as read. The vote was unanimous. Ordinance No. 251 follows: AN ORDINANCE OF 'mE CITY OF SCHERTZ EA.Ll5ololDING THE EXTRATERRITOUAL JURISDICTION OF SUCH CITY AND DESIGNATING SUCH TRACTS OF LAND INCLUDED WITHIN SUCH CITY TERRITORIAL JURISDICTION. WHEREAS, tho.e certai. property owaer. a. .how. by copie. of contract. extending extra territori.l juri.dictio. of the City of Schertz, hereto attached, h.ve reque.ted th.t their tr.ct. of l.ad .ituated in Comal County, Tex.., more fully de.cribed in copie. of .uch co.tr.ct. .tt.ched, be included within the territory over which the City of Schertz, Texa. exerci.e. extra territori.l juri.diction for .ll purpo.e. .. .et out iR Article 970A V.A.T.S., of Tex..; AND WHEREAS, the s.id tr.cts of l.ad .re contiguou. .ad .re bounded on the south .nd e..t by I.... ia the extra territori.l juri.diction of the City of Schertz, Texa., .nd ..id territor; .pecific.lly exclude. extra territori.l jurisdiction right. exerci.ed by ..y other municip.lity; NOW, THEREFORE, be it ordained by the City Council of the City of Schertz, Texas; 1. That the tracts of land owned by the herein above mentioned parties, described in the copies of contracts requesting extra territoriil jurisdiction hereto .ttached, be included within the territory, over which the City of Schertz, Texas, exercises extra territorial jurisdiction for all purposes as set out in 970A V.A.T.S. of Texas. 2. The boundaries of the said tracts of land, forming a contiguous area, also contiguous to lands also now in the extra territorial jurisdiction of the Ci,y of Schertz, Texas, are described in the copies of contracts requestingsextra territorial jurisdiction hereto attached and made a part hereof. PASSED AND APPROVED this the 3rd day of April, 1972. ~~c~ Mayor ATT~~: UJ:c ~~ City Secret.ry ATTACHMENTS ETJ: Elvira Schneider Marion McKenzie & Rose A. McKenzie Robert L. Worley & Martha M. Worley Helen Gleitz Paul Gleitz Jr. & Fr.nces Gleitz 84 The meeting adjourned at 8~~. APPROVED: ~MlC2JoJ, Mayor . AT~ ~~4AJL r- i' Secretary \ MJNU'RS OF THE MRETING OF THE CJTY COUNCIL. CJTY OF SCHERTZ. TEXAS. H"I<;ID ON APRIL 6. 1972 The regular meeting of the city council convened at the direction of Mayor Roy W. Richard in city hall at 7:30 p.m. Councilmen in attendance were: Mr. Raymond G. Koym. Mr. Robert E. Schwartz. Mr. Leon R. Charrbless. Mr. Jesse W. Graham and Mr. Hugh G. Sandifer. Absent were Mrs. Bobbie.L~ Koch and MP. 8"immie V. Dunham. Oaths of office were administered to Mayor Roy W. Richard. Mr. Jesse W. Graham and Mr. Hugh G. Sandifer for two year terms. ~ ~~. Jesse W. Graham submitted a letter of resignation from the Citizen's ~~ Advisory Committee that was accepted following motion by Mr. KoYM. second 6 by Mr. Chambless and voted on unanimously. Mr. Schwartz submitted a letter of resignation from the Cv.,.."..mi ty Council Board and recommended a new member be sought. ,\~ordinance If 252 was approved following motion by Mr. Schwartz. second by Mr. v Graham and voted on unanimouslY. Ordinance # 252 follows: \Y ORDINANCE NO. 252 ANNEXING THE HEREINAF'RR DESCRIBED TERRITORY TO THE CITY OF SCHERTZ. GUADAllJPE COUNTY, TEXAS. AND F.)IT1OO)ING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCIIJDE SAm W<:RG:INAFT"I<;R DESCRIBlID PROPRRTY WITHIN SAID CITY LIMITS. AND Tll'B RIGHTS AND PRIVILEGli'..5 OF amER CITIZENS AND BINDING SAID INHABITANT'S BY ALL OF THE ACl'S. ORDINANCES, RESOLUTIONS AND REGULATIONS OF SA ill CITY. BEGIN~ING at the northwesternmost corner of the City Li.mit~ line of the City of Schertz. which corner lies in the Elgin Mueller 50 acre tract and is west of Doerr Lane and north of U. S. Highway 81; TH"I<;NC8, N 300 W 2640 feet to a point which point lies in the Herbert Riedel tract a distance of approximately 340 feet distant from the south ROW line of Doerr Lane projected; THENCF;, N 600 E 2640 feet to a point.. which point lies in the Pleas Naylor_. .t-ract; THEN~. S 300 E 2640 feet to a point in the City Limits line of the City of Schertz; THBNCE. S 600 W with the City Limits line of the City of Schertz 2640 feet to the point of beginning, containing 160 acres of land. L' .... (It) WH~R~AS. said territory is adjoining the City of Schertz, and w~~~AS, said petition, desiring and requesting the annexation of said territory of said city has been presented to the City Council and has attached to it the affidavit of nine (9) applicants to the effect that said petition is signed by a majority of the qualified voters within such property; N01.ol THER-:<:FORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: That the following property described, to-wit; BEGINNING at the northwesternmost corner of the City Limits line of the City of Schertz, which corner lies in the ~lgin Mueller 50 acre tract and is west of Doerr Lane and north of U.S. Highway 81; THENC~. N 300 W 2640 feet to a point which point lies in the Herbert Riedel tract a distance of approximately 340 feet distant from the south ROW line of Doerr Lane projected; THENC8. N 600 E 2640 feet to a point. which point lies in the Pleas Naylor tract; THENGg. S 300 E 2640 feet to a point in the City Limits line of the City of Schertz; .r THENCE. S 600 W with the City Limits line of the City of Schertz 2640 feet to the point of beginning, containing 160 acres of land. be and the same is her~by annexed to the City .of Schertz, Guadalupe County. Texas, and th8t the boundary limits of the City of Schertz be and the same are hereby extended to include the above described territory Inthin the city limits of the City of Schertz, and the same shall herp-after be included within the territorial limits of said city, and the inhabitrints thereof shall hereafter be entitled to all rights and privileges of other citizens of the City of Schertz and they shall be boo.nd by the acts, ordinances, resolut ions and regulations of said City. PASSED by an affirmc,tive vote of all members of the City Council, this the 6th day of April. A.D., 1972. ATTEST: s/t/ Robert C. Bueker City Secretary APPROVED: s/t/ Rov W. Richard Mayor Mr. Von Scheele, developer of properties in the city, posed a problem of drainage in the Kramer. Seiler and Veazey tracts. He requested the city acquire right-of-way through these properties to allow deepening of existing ditches and construction of new ditches to accommodate proper drainage. Mr. Cross, city engineer. recommended ditching across the Hoover Edwards property as the best solution and will proceed on that basis. Mr. Von Scheele also requested a change be effected in the subdivision ordinance to allow construction of curbing parallel with that of San Antonio. The San Antonio ordinance allows setting of the curb base upon the first layer of road base instead of on the sub grade. Mr. Cross could see no purpose in the change at this time but ,.Jill confer ,nth contractors and San Antonio to make determination. 86 ",,%iscussion was held and motion made by Mr. Chambless that Mr. Graham be instated as ~ utilities and streets Commissioner and that Mr. San~ifer be instated as City Hall " Commissioner. Second was made by Mr. Koym and vote was unanimous. ryLetters concerning delinquent tax from the state Comptroller on Bill Hardin of ~ Bill's Bar-B-Q were forwarded to the City Attorney for collection following motion ~~ by Mr. Schwartz. second by Mr. Graham and voted on unanimously. Rezoning in the Buffalo Valley Korth Project to conform with Urban Renewal require- ments was discussed and the matter referred to the Zoning and Planning Commission for proper action. A curb cut ordinance was discussed and items of consideration to be contained therein presented by Mr. Cross. City Engineer, were aoproved. City Attorney was requested to draft an ordin~nce incorporating all recommendations. City Hall Administration was discussed. All councilmen agreed that the City Secretary should be placed in full chMrge of City Hall functions and act as a direct liaison between city commissioners and their respective divisions. A resolution will be drafted outlining responsibilities. I , i ., Discussion was held on the construction of a new utility shed and securing property from John Schaefer adjacent to the fire station. The old maintenance yard will be phased out of use and retained as a Parks Department storage area. A letter received from Mr. Charles B. Sharpe, I09 Antler Dr, complaining about utility penalty charges was rea1 and discussed. Mr. Sharpe had been accorded the same treat- ment as other residents in respect to utility billing. The matter was referred back to the utilities department for action. Mr. Saegert, City Attorney. discussed a utilities ordinance and an air pollution ordinance. It was recommended these items be included on the agenda for April 13. Discussion was held on a garbage franchise ordinance. Matter was referred to the April IJ council meetin~. Meeting ~as adjourned at 9:45 p.m. APPRO~D: c2-Ht/ ~. May~ - ATIBST: .~C. ~ City Secretary MI"o~~S OF THE MEETING OF 'mE CITY COUNCIL, CITY OF SCHERTZ. TEXAS. HELD ON APRIL 13, 1972 The regular meeting of the City Council convened at the direction of Mayor Roy W. Richard in City Hall at 7:30 PM. Councilmen in attendance were: Mr. Hugh G. Sandifer, Mr. Leon Chambless, Mr. Raymond G. Koym, Mr. Robert E. Schwartz, and Mr. Jessie W. Graham. Discussion was held on limiting on-street parking throughout the city. Subject was tabled to April 20 council meeting ~~rdinance #253 was approved following motion by Mr. Sandifer, second by Mr. Koym and voted ~ on unanimously. Ordinance #253 follows: \j ANNEXING THE HEREINAFTER DESCRIBED TEIUUTORY TO mE CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID REl.ElNAt' ~~&\ H7 DESCRIBED PROPERTY WIlllIN SAID CITY LIMITS, AND lllE RIGHTS AND PRIVILEGES OF omER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDININCES, RESOLUTIONS AND REGULATIONS OF SAID CITY. BEGINNING at a point in the City Limits line of the City of Schertz, which point lies in the Elgin Mueller 50 acre tract and is west of Doerr Lane and north of U. S. Highway 81, THENCE, N 300 W 2640 feet to a point, which point lies in the pleas Naylor tract approximately 340 feet distan~ from the south ROW line of Doerr Lane, THENCE, N 600 E 2540 feet to a point, which point lies in the H. B. Barnett 30 acre tract; THENCE, S 300 E 2640 feet to a point which point lies in the City Limits line of the City of Schertz and is S 600 W 100 feet from the northeasternmost corner of the said Ci.ty Limits line, THENCE, S 600 W with the City Limits line of the City of Schertz 2540 feet to the point of beginning, containing 154 acres of land, more or less. WHEREAS. said territory is adjoining the City of Schertz, and WHEREAS, said petition, desiring and requesting the annexation of said territory of said city has been presented to the City Council and has attached to it the affidavit of five (5) applicants to the effect that said petition is signed by a majority of the qualified voters within such property: NOW THEREFORE, BE IT ORDAINED BY mE CITY COUNCIL OF mE crTY OF SCHERTZ, TEXAS: That the following property described, to-wit: BEGINNING at a point in the City Limits line of the City of Schertz, which point lies in the Elgin Mueller 50 acre tract and is west of Doerr Lane and north of U. S. Highway 81, THENCE, N 300 W 2640 feet to a point, which point lies in the Pleas Naylor tract approximately 340 feet distant from the eeuth ROW line of Doerr Lane, o THENCE, N 60 E 2540 feet to a point, which point lies in the H. B. Barnett 30 acre tract; o mENCE, S 80 . with 2640 feet to a point which point lies in the City Limits line of the City of Schertz and is S 600 W 100 feet from the northeasternmost corner of the said City Limits line, THENCE, S 600 W with the City Limits line of the City of Schertz 2540 feet to the point of beginning, containing 154 acres of land, more or less. be and the same is hereby annexed to the City of Schertz, Guadalupe County, Texas, and that the boundary limits of the City of Schertz be and the same are hereby extended to include the above described territory within the city limits line of the City of Schertz, and the same shall hereafter be included within the territorjal limits of aaid city, and the in- habitants thereof shall hereafter be entitled to all rights and privileges of ~~r citizens of the City of Schertz and they shall be bound by the acts, ordinances, resoluti sand regulations of said city. PASSED by an affirmative vote of all members of the City Council. this the 13th day ~t) of April, A.D., 1972. APPROVED: .s/r 1.0'1 \III. RIt',I-tA R.O M.yor ATTEST: S/r f...:; ~~_T e. ~ iA.,8<.e:L CITY SECUTnY (CITYSEA.L) ~f)J Ordinance 1254 v.s .pproved following motion by Mr. Gr....., second by Mr. Ch&1ables. and :j voted on unaniaoualy. Ordinance 1254 follows: ANNEnlG THE RDEIlIAFTEIl DES CUI ED TIUlTORY TO THE CITY or SCHUTl, GUADALUPE '-u..&I.....l., TEXAS, A1Q) UTIlfDIRG THE BOURDAI.Y LIMITS or SAID CITY SO AS TO INCLUDE SAID RIUIRArTER DESCIUBED PROPERTY WIllIIR SAID CITY LIMITS, AND llIE RIGHTS AND PRIVILEGES or 0lllER CITIZENS AND BIRDIRG SAID INHABITANTS BY ALL OF THE ACTS. ORDINANCES, RESOLUTIONS AND REGULATIORS OF SAID CITY. BEGIR.ING at a point in the City limits line of the City of Schertz, Texas, which point lies in the north line of the Herman Klobunde tract, and which point is S 600 W 100 feet from the northeasternmost corner of the said City Limits line end of the said Herman Klobunde tract; THENCI, N 300 V 2640 feet to a point. which point lies in the H. B. Barnett 30 acre tract out of the George M. Dolson survey; THENCE, R 600 I 2640 feet to a point which poi*~ lies in the Alfred Wuest 233 acre tract out of the Edwin Woodruff survey; THENCE, S 300 E 2640feet to a point which point lies in the W. F. Hubertus 61 acre tract out of the R. Martin and J. F. Walker survey; llIENCE, S 600 W at 2540 feet past the northeasternmost corner of the City Limits line of the City of Schertz and the northeasternmost corner of the Herman Klobunde tract a tot.l of 2640 feet to the point of beginning, containing 160 .cres of land. ..we or less. WHEREAS, said territory is adjoining the City of Schertz, and WHEREAS, said petition, desiring and requesting the annexation of said territory of said city ha s been presented to the City Council and hass attached to it the .ffidavit of nine applicants to the effect that said petition is signed by a majority of the qualified voters within such property: NOW THERErORE, BE IT ORDAINED BY llIE CITY COUNCIL OF llIE CITY or SalERTl, TEXAS: Th.t the following property describe, to-wit: BEGINNING at a point in the City Limits line of the City of Schertz, which point lies in the north line of the Herman K10bunde tract, and which point is S 600 W 100 bU feet from the northeasternmost corner of the said City LImits line and of the said Herman Klobunde tract; THENCE, N 300 W 2640 feet to a point, which point lies in the H. B. Barnett 30 acre tract out of the George W. Dolson survey; THENCE, N 600 E 2640 feet to a point which point lies in the Alfred Wuest 233 acre tract out of the Edwin Woodruff survey, THENCE, . 300 E 2640 feet to a point which point lies in th~-W. F. Hurbertus 61 acre tract out of the R. Martin and J. F. Walker survey; o THENCE, S 60 W at 2540 feet past the northeasternmost corner of the City Limits line of the City of Schertz and the northeasternmost corner of the Herman Klobunde tract a total of 2640 feet to the point of beginning. be and the same is hereby annexed to the City of Schertz, Guadalupe County, Texas, and that the boundary limits of the City of Schertz be and the same are hereby extended to include the above described territory within the city limits of the City of Schertz, and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City of Schertz and they shall be bound by the acts, ordinances, resolutions and regulations of said City. PASSED by an affirmative vote of all members of the City Counci, this the 13th day of April, A.D., 1972. APPROVED: 5/, (to y vV. f{ I l"Jl- A- ~ 0 Mayor ATTEST: 5/r it" f)E)'tr e... \"'>Ll8<~ City Secretary (CITY SEAL) A review of newly developed subdivisions brought dissatisfaction from the council members over the continued small-home development pattern. Motion was made by Mr. Graham, secon.ed~ by Mr. Koym and voted on unanimously to amend the existing subdivision ordinance to read ~1 "minimum lot size will be 80' frontage at setback and 120' in depth. Variation to such lP requirements will be authorized upon approved of the city council." Home Rule Charter was discussed. Decision was made to have council members submit names of personnel to compose a steering committee on April 20. Discussion was held on the widening of FM 78 by a bond issue to cover the city's share of construction costs. Highway Department is desirous of obtaining a letter from the city at this time requesting the item be included in the Highway Dept. Fam to Market budget for FY 1973. Motion was made by Mr. Graham, seconded by Mr. Koym and voted on unanimously to su~it a letter of request to the Highway Dept. contingent on successful passage of a bon~1~ issue. LPlP Ordinance #255 was approved following motion by Mr. Graham, seconded by Mr. Schwartz and 1,1~ voted on unanimously. Ordinance No. 255 follows: ~ 90 ORDINANCE # 255 AN ORDINANCE REGULATING THE CUTTING OF CURBS FOB. PRIVATE DRIVEWAYS INTO mE PUBLIC STREETS OF THE CITY OF SmEB.'l'Z, GUADALUPE OOUNTY, TEXAS, AND B.EGULATIMG THE OON..: STB.UCTION OF SIDEWALXS AND DRIVEWAYS IN SAID CITY. BE IT ORDAINED BY THE CITY OOUNCIL OF mE CITY OF SalEB.'l'Z, TEXAS: 1. No personal shall construct, reconstruct, alter or repair, remove or replace any sidewalk, curb, criveway or any other work on any public property within the city without first,obtaining from the City Secretary a permit to do so. 2. All sidewalks, curbs, and driveways built within the city shall be built in con- formity with the standard specifications for such work as published by the City Engineer. 3. There shall be a fee charged for inspections and/or other engineering services per- formed by the City Engineer or his authorized representative to be paid by any person doing any work as provided herein. The fee required shall be paid at the time of appli- cation for a permit and shall be in the amount of $5.00. 4. Every permit iSlued under the provisions of this ordinance shall be deemed cancelled if active work is not commended within sixty (60) days from the date of i,suance of such permit. If the permit shall be cancelled, all fees paid for such permit shall be retained by the city. 5. Curb cuts for residential driveway aprons shall be not less than ten (10) feet in width, and not more than twelve (12) feet in width for a signle driveway apron nor more than twenty-four (24) feet in width for a double driveway apron. Curb cuts will be permited only for driveway aprons providing access to a garage, carport, or hardstand. Not more than one curb cut will be permitted for each residential parcel of land. 6. Curb cuts for commercial driveway aprons shall not exceed thirty (30) feet in width and the aggregate width of all curb cuts shall not exceed fifty (50) per cent of the parcel frontage. 7. Where multiple driveway aprons are used for commercial property, the curb cuts shall be at least twenty (20) feet apart. 8. For parcels of commercial property with less than one hundred (100) feet of the frontage, a maximum of two (2) curb cuts will be permitted. ,.' 9. For parcels of comaercial property, no curb cut will be permitted for any parking facility which requires vehicles to enter street in reverse. 10. No curb cut in curb returns will be permitted. 11. Where the City Council at said City finds that extraordinary hardship may result from strict compliance with the regulations prescribed by this ordinance, it may vary the regulations so that substantial justice may be done and the public interest secu~ed, provided that such variatio~ will not have the effect of nullifying the intent and pur- pose of this ordinance. In granting variances and .edifications, the City Council may require such conditions as will, in its judgement, secure substantially the objective of the standards or requirements so vayied or modified. 12. Any person, form, or corporation violating any of the terms, conditions, or pro- visions of this ordinance shall be guilty of a misdemeanor and fined no more than $200.00 for each such offense. Every day any such violation shall exist shall be deemed to constitute a separate offense under the terms of this ordinance. I. Ul 13. If any phrase, word, sentence, section or portion of this ordinance shall be held to be void, unconstitutional. illegal, or un-enforceable. such hodling shall not affect the validity of any other portion of this ordinance and it is the intention of the council that each and every word, sentence, section, or clause of this ordinance would have been adopted regardless whether or not any other wori, phrase, clause, or section has been held unconstitutional, void, illegal, or un-enforeeable. 14. Whenever it appears that any person, firm, or corporation is violating or threatening to violate any of the provisions of this ordinance, the City of Schertz, Guadalupe County, Texas may bring suit against the person, firm, or corporation violating or threatening to violate such ordinance in a district court in the county in which the violation or threat of violation occurs, to restrain the person, firm, or corporation from continuing the violation or carrying out the threat of violation. PASSED AND APRROVED this the 13th day of April, 1972. APPROVED: 51 T rZ-<l i W . R. ( c.. ..j A-lt-D Mayor ATTEST: 5/T R..o 6 ~rt T c.. (l, u..e-I'-CJt.. City Secretary (CITY SEAL) A proposed Utilities Ordinance submitted by the City Attorney was read and disapproved. Recommendation was made to have the ordinance rewritten incorporating main points of consideration submitted by the council last month. Approval to license Fisk Electrmo Co. of San Antonio was made following motion by Mr.~,r1?v Chambless, second by Mr. S~ndifer and voted on unanimously. ~ ~ A letter from Universal City requesting $200.00 per month assessment for dispatch service during the next fiscal year beginning October 1, 1972 was read and approved ~q_1?J following motion by Mr. Chabless, second by Mr. Koym and voted on, Ayes - four; Abstention -- one (Schwartz). A proposed payment for Schertz's cost on the Traffic Thoroughfare Study Program was tabled until April 20 pending review of the means of determining pro-rated costs. Resolution IIOl4 appointing the City Secretary as City Administrator was approved following motion by Mr. Chambless, second by Mr. Graham, and voted on unanimously. ResolutionMD/1~ 11014 follows: ./ A RESOLUTION PRESCRIBING A MEANS OF EFFECTIVELY MANAGING CITY ADMINISTRATION, DESIGNATING A POSITION OF RESPONSIBILITY FOR mE HANDLING OF SUCH ADMINIS'l'RATION, AND RENDERING NULL AND VOID THOSE PARTS OF ALL OTHER ORDINANCES OR RESOLUTIONS IN CONFLICT Wlm THIS RESOLUTION. WHEREAS, theyCity of Schertz has four (4) functioning departments of city government consisting of Utilities and Streets, Police and Fire. Parks and Grounds, and City D2 Administration, and; WHEREAS, four (4) duly elected City Councilmen are designated to .upervise these functions, and; WHEREAS, it is the desire of the City Council to place one individual in admini- strative control of all four functions and any other suceeding functions that mJY'~e formulated in the future, NOW, THEIlEFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF SatEIl'l'Z, TEXAS THAT: 1. The City Secretary os hereby designated as City Administrator for the City of Schertz with the following primary additional dutmes and responsibilities: (a) Ilesponsible for the effective administration of all city functions as related to personnel, financial, and management matters. (b) Serve as liaison between city departments and city commissioners. (c) Enact new policies and procedures, subject to council approval, to improve departmental functioning. 2. Any and all ordinances, resolutions, or parts thereof, in conflict with the pre- scribed position reponsibilities of the City Administrator are hereby superceded and any ordinance, reeolution. or part thereof, t. conflict with the responsibilities of the City Administrator will be amended as of this date to reflect such change. PASSED AND APPROVED this the 13th day of April, 1972. l_ APPROVED: ~~~ Mayorl ATTE~ /l:4vt (!? City Secretary ~ Council members requested the City Administrator prepare a quarterly report of city activities commending May 1, 1972. Future purchase of GBIA water was discussed. The Mayor and available council members will confer with GBIA to review water commitment requirements. A garbage franchise ordinance was discussed. It was rec~ended copies of previous pro- posals be made available to council members for further discussion at the April 20 meeting. AACOG proposed a meeting for 8:00 PM April 27 in the Schertz Fire Station to discuss Guadalupe County joining of AAOOG. Council meeting f6r this date has been cancelled to permit council attendance at the AACOG meeting. An earlier proposal by Mr. Edgar Von Scheele to change the curb construction design ~~ was ..sapproved following motion by Mr. Graham, second by Mr. Sandifer and voted on ~ () ."") vd unanimously. Mr. Von Scheele is to be notified by letter. A letter received from the Highway Department supported the concept of parallel parking on FM 78. No further action was taken. The meeting adjourned at 9:50 PM. APPROVED: r::?-L-_AA) c2J ~ May;;~~ ATTEST: lf1:::.f!ry~ MINUTES OF THE MEETING OF mE CITY COUNCIL OF mE CITY OF SCHERTZ, TEXAS, HELD ON APRIL 20, 1972 The regular meeting of the City Council convened at the order of Mayor Roy W. Richard at 7:35 PM in City Hall. Aldermen in attendence were~: Mr. Raymond G. Koym, Mr. Leon R. , Chambless, Jr. Jesse W. Graham, and Mr. Hugh G. Sandifer. Absent was Mr. Robert E. Schwartz, A lett~r was received from Mrs. Bennett, resigning from the Citizen's Advisory Committee. Motion was made by Mr. Sandifer. second by Mr. Graham and followed by unanimous vote t~~1~ accept the resignation. Motion was made by Mr. Sandifer, second by Mr. Koym and voted on unanimously to approve h/1~ the appointments of Mr. John P. Godfrey, Jr. and Mr. Ollie G. Burkett to the Citizens ~J Advisory Committee. A letter from Coy Simmons Realty requesting permit authorization to construct homes on ,1~ Lots 30 & 32 of Oak Forest subdivision was acted on favorably with the provision that 1~ underground sewer lines and water lines be installed prior to such construction. Motion was made by Mr. Sandifer, second by Mr. Graham and voted on Ayes - three (3), Abstentions _ one (1) Mr. Koym -- to approve permit authorization based on aforementioned considerationl City Secretary was instructed to write a letter outlining the above conditions. Parallel parking and widening of FM 78 were discussed. No decision was made on banning parallel parking at this time. A letter will be forwarded to the Highway Dept.requesting inclusion of the FM 78 project in their FY 1973 budget contingent on a city bond election. Resolution # 1015, covering the FM 78 project, will be brought before the council on May 4. 15,1~ Curb Cut Ordinance I 255 by Mr. Warren, 601 Aviation Ave. by Mr. Graham, second by Mr. Sandifer and voted on unanimously A request for variance to the was approved following motion Proceedings of the 1972 Board of Equalization were received by the council following motion by Mr. Sandifer, second by Mr. Chambless and voted on unanimously. Total assessed valu~&.1~ tion for 1972 was fixed $9,657,845.00. ' Petition for annexation of property north of the present city limits owned by Wilson, Dolle, Scheel Buehring Luckett and Moss was accepted following motion by Mr. Graham, second by'1~ , , '1 'I' ~ 94 Mr. Chambless and voted on unanimously. Public Hearing was scheduled for May 8 at 7:30 AM/ Consideration of a garbage franchise was discussed and copies of a draft ordinance pre- sented to all council members for consideration. Item will be placed on the May 4 counc 11 agenda. Industrial Waste Ordinance was discussed and copies of the San Antonio Ordinance pre- sented to council members for consideration. Copies were also forwarded to Universal City and the Cibolo Creek Municipal Authority. Item will be placed on the May 4 agenda. An ordinance to amend the subdivision ordinance relating to lot size was discussed and tabled pending further study until May 4 council meeting. A draft of an ordinance on Utilities Control was presented. A permit fee of $25.00 and inspection fee rate of $ 25.00 per day were fixed by the council. Additional requirements would include a cost for street cutting with a tate of $10.00 per foot up to a 27 inch width cut and $15.00 per foot over a width of 27 inches. Copies of the draft were to be provided council me~bers and item be contained on the council agenda for May 4. ~~pplication for Electrical License by Jesse & Chandler Electric was approved following ~ motion by Mr. Koym. second by Mr. Graham and voted on uaanimously. Discussion was held on the improper location of fire hydrants in the Val Verde Subdivisions. City Secretary was instructed to inspect the locations and write a letter to Mr. Von Scheele, developer, requiring relocation of hydrants to conform to city engineering require- ments. Mr. Mazian. Deerhaven resident. requested a letter Ie forwarded above district U. S. Postal level asking for inclusion of the Deerhaven area into the City of Schertz postal delivery system. City Secretary will contact postal authorities for proper action. ~iscussion was held on the appointment of a Steering Committee to deteraine the feasi- ~~ bility of adopting a Home Rule Charter for the city. Motion was made by Mr. Sandifer, ~ second by Mr. Koym and voted on: Ayes--three (3), Noyes--one (l}Mr. Graham. to appoint the following 15 members to the committee: Mr. Joseph Staulb, Mrs. Claudine Upton. Mr. Lester Bullock, Mr. Robert C. Buchanan. Mr. Milton Burrow. Mr. Clifton Crook. Mr. John Deck. Mr. Tom Funk, Mrs. Elvira Hild. Mr. Earl Sawyer. Mr. Tom Joyner. Mr. Richard Nagle, Mr. Robert Pollentier, Mr. Ralph Reid. and Mr. Arthur Teske. Meeting was adjourned at 10:10 PM. APPROVED: <'Z1~~ Mayor ATTEST: P~~1/ City Secretary I- ~5 MINUTES OF Tm: MEETING OF THE CITY COUNCIL OF TH4; CITY OF SCH~RTZ, TEXAS, HELD ON APRIL 27. 1972 A special meeting of the City Council convened at 10:00 p.m. at the direction of Mayor ProTem Raymond G. Koym. Aldermen in attendence were Mr. Hugh G. Sandifer, Mr. LAon R, Chambless and Hr. Jesse ~v. Graham. Absent were }'ayor Roy W. Richard and Hr. Robert E. Schwartz. Discussion was held on Mr. Odo Riedel's application for a waste water permit from the Texas Water Quality Board and a public hearing to be conducted on this subject May 18. 1~ Mr. Graham motioned that the subject be tabled until the May 4 meeting of the city ~b' council. }tr. Sandifer seconded the motion and vote was unanimous. Meeting adjourned at 10:15 p.m. ATTBST: fi~t!~ ~L~ City Secretary APPROVED: Mayor ProTem HINUT4:S OF Tm: W;:":TING OF 'T'Hr.: CTIY COUNCIL OF TH~ CITY OF SCH~RTZ, T4:XAS, H~LD ON MAY 4, 1972 The regular meeting of the City Council convened at 7:30 p.m. in City Hall at the direction of Mayor Roy W. Richard. Aldermen in attendance were: Mr. Raymond G. Ko~, Mr. Leon R. Chambless, Mr. Robert ~. Schwartz and Mr. Jesse W. Graham. Absent was Mr. Hugh G. Sandifer. Minutes of previous meetings held on April 13, A oril 20 and April 27, 1972 wer(~ read and rpproved without change. Mr. Graham stated the May 4 agenda did not contain specific designation of discussion on Mr. Riedel's permit authorization from the Texas Water QU8lity Board. MRyor Richard, at this point, relinqufshed his chair and Hayor ProTem Koym assumed charge of the meeting. Mayor Richard took the floor to provide answers to questions posed by Councilman Graham in a telegram received April 28. Mayor Richard stated his absence from the April 27 meeting was due to attendance at another city function as announced at the April 20 meeting. Answer to his dental clinic not beinG connected to city sewer was that tap fee had been paid for some years and he posed no objection to immcctiate conneetion. Answer to annexing property in front of Lone Oak was that (I) this property is in the hands of several parties and consent would have to be obtained by majority. This posed no problem. (2) The property was purposely withheld from 3ymexation because of indecisio~. on widening of FM 78 and the city could end up with added expense of having to purchase commercial frontage property for F}ff 78 widening if property was annexed. He posed to object~on to annexation at this time and item will be placed on May 18 agenda. As a separate item, the Jonas property, owned by Mayor Richard and Mr. Riedel was discussed as property to be annexed. Mayor Richard suggested annexation immediately and requested field notes be drawn for petition. Mr. Riedel stated he would be agreeable to the annexation. Mayor Richard then reassumed control of the meeting. Mr. Riedel then took the floor and presented t.he follm-ring issues:: (1) All actions concernin'; FH 78 (widening ann. parallel parking) wero taken by the council without any collabor~tion with businessmen in the area affected (2) that as far back as 1964, he was forced to dig a private well for the Palm Shopping Center before the city would consider extending city water service to the Shoppin~ Center (3) That Mr. Jerome Mueller, an employee of Mr. Riedel's, has submitted a petition for annexation on Sent. 2, 19?0 and withdrew the petition in February 1971 because no action had been taken (4) that a council member had proposal for acquiring his water system at a price of $300.00 which was an insult to his intelli~ence and emphasized the high-handed methods of city operation. 96 Mr. Riedel then discussed his sewer and water operation in the trailer park, stating that he had no objection to connecting with the city sewer system but his collection system was laid out in such a manner that a lift station would have to be provided to serve the trailer nark. Mayor Richard stated that a lift station would be provided and asked Mr. Riedel if the City F.ngineer could make an insoection of the system within the next week to ascertain reouirements. y~. Riedel gave consent. Mr. Riedel then discussed the ~railer park water syst~m, stating the system was worth $35,000.00 and that if the city was serious about purchasing his system that this would be a negotiable price. Mayor Richard. asked again if Mr. Riedel would actually consider $35,000.00 as a negotiable price for the trailer park water system. Mr. Riedel reaffirmed the price quotation. , .--...- Mayor Richard then asked ci~y council members to consider a city position of Mr. Riedel's request for a discharge permit from the Texas Water Quality Board. Unanimous agre~ment was given by all council members that they opposed the issuance of such a permit. ~esolution #1015 was read and approved following motion by Mr. Schwartz, second by Mr. ~GrDham 2n~ voted on unanimously. Resolution # 1015 follows: A RESOLUTION RSGOGNIZING TH~ tTE~D FOR PROVIDING A THOROUGHFARE ROUT'!: THROUGH mg CITY OF SCHERI'Z, DESIGNJ'TING FM 78 AS THS MAIN TR~FFIC THOROUGHFARE ROUTE, AND PROVIDING FOR EXPANSION OF FM 78 TO A FOUR-LANF: THOROUGHFARE. ~m~REAS, the City of Schertz is confronted with traffic congestion on its east-west axis, and; 'm1<;REAS. consideration must be given to widening of FM 78 to accommodate the indreased flow or to provide for an alternate bypass route, and: WHSR~AS, FM 78 is an extablished road system that services through traffic and both commer- cial and residential properties, and: WHSR~AS, the City Council, City of Schertz, has deliberated at length on the feasibility of providing four-l~ne traffic on FM 78 as the first and best solution to a traffic conges- t ion problem: L.. ' NO':l. TID<:R~FOR4;. BS IT ORD_AIN~ BY 'T'Hk: CITY COUNCIL, CITY OF S OORTZ, T"li.:XAS: That a letter be prepared to the Texas Highway Department requesting the widening of FM 78 be included as a budgetary item in the Texas Highway Departm8nt Fiscal Year Budget for 1973. PASSED AND APPROVED BY TH~ CITY COUNCH, CITY OF SCHERTZ. TJ<;XAS this the 24th day May. 1972. sit Rov W. Richard Mayor ATT~BT: sltl Robert C. Bueke~ City SncrAtary Mr. ~arl Johnson. city park employee, presented a progress report on construction of ball diamonds in the city park. Two fields are being staked out at this time. Mr. Johnson requested decision be made on the type of fields desired. Mr. Richard Nagle announced that a requirement exists for a Pony League field and stated the JC's are ready to build such a field if the city can provide the land. Mr. Nagle desires the land to be made available in the city park proper. Mr. Schwartz, Park Commissioner, stated Mr. Nagle would be given his area for a Pony League field. ~Mr. Charles V. Pfeifer. 156 Cloverleaf Drive, was recommended for appointment to the Zouing ~and Planning Commission. Motion was m2de by Mr. Graham, seconded by Mr. Chambless and voted ~on Ayes: Three (3), Abstain (I) Mr. Schwartz ~ppraisal costs for park land acquisition from Urban Renewal were presented. A 0.)) acre ~tract located on FM 1518 and Aero Ave. will be placed on sale for a price of $735.00. I ~Motion was made by Mr. Graham, second by Mr. Chambless and voted on Ayes 3, Abstain (Mr. ~- Schwartz) to purchase said property. Appraisals were also submitted on the 16.825 acres of land lying south of Aero Ave. and including the Laundromat Building at prices of $17.438.00 and $18,750.00. This parcel is not for sale as yet but price quotations were considered 97 as being favorable for future purchase. Discussion was held on an Attorney General suit against Ford, GH, anrl Chrysler Motor co's~ for price increases on fleet purchase of vehicles since April 1970. Motion was made ~~,1 by Mr. ChRmbless, seconded by Mr. Koum and voted on Ayes (3), Abstain (1) Mr. Schwartz, to enter into the suit with the Attorney General. Resolution # 1016 was read and recommendation made that copies made and forwarded to all council mAmbers for further study. A letter from the State BORrd of Insurance was read outlining recon~endations for inproving fire protection for the city. Recommendation was made that all council members be furnished a copy of this l~tter. street paving in Aviation Heights was discussed. City Secretary read a letter forwarded to Urban Ren:;nval and presented attachments outlining areas in street construction where ponding of water is occurring. Mr. Cross, City Engineer. then briefed council members on the methods being employed in surfacing of the area and drainage patterns to be expected. He a~sured council members that density tests and temperature control tests are being undertaken on a continuing basis. Construction on Live Oak Road was discussed and recommendation m.;1de that consideration be gi'ffin sewer and water taps to prevent street cutting at a later date. Subject will be given further study by utilities department. zoning and planning, and by contact with pr-'sent property owners. City Secretary briefed council members on the status of the Traffic Thoroughfare Study and results of a meeting held in Austin on Mayl between HUD, Highway Dept., Consultants, Study Group and representatives of the cities of Schertz and Universal City. Agreement was reached that a Hithdrawal should be made from HUD funding and the program reinstated under original contractural agreements. Motion was made by Mr. Graham, seconded by Mr. Chambless and voted on Ayes (3), Abstain (1 - Mr. Schwartz) to sign a letter requestin~~ 101i thdraHal of HUD suprort for the Traffic Thoroughfare study. g5- Revised draft of proposed Ordinance if 256 "Regulating Public Utilities" was read. ~l.,-7').J Motion was made by Mr. Graham, second by Hr. Chambless and voted on Ayes 0), Abstaln (I) Mr. Schwartz to provide a copy of the orninance to utilities concerned and request their attendance at the May 18 council meeting. Brief discussion was held on means of controlling the size of homes being constructed in the city. The City Attorney was of the opinion that the Zoning Ordinance could be amended to restrict the size of homes in designated areas. He will make a report of findsngs at the next council meetin~. Industrial iolaste Ordinance of San Antonio was presented to the council for review. Remarks from Cibolo Creek Municipal Authority and members of the council indicated the 1" item should be tabled pending further discussion with other mun~cipalities involved.g1- Mr. Graham motioned, Mr. Chambless seconded and vote was Ayes (3), Abstain (1) Mr. Schwartz to postpone action until May 18. A draft copy of a garbage franchise ordinance previ.ously furnished council members was discussed and motion made by Mr. Chambless, seconded by Mr. Graham and voted on AY~s. (3) Abstain (I _ Mr. SchHartz) to prepare bids to be let. '?5 If '71.1 Field notes submitted by Aranda and Kurz for the north drainage ditch were presented. A ditch easement of 250' in width is required, covering a total of 29.427 acres. Mr. Chambless agreed to talk to nwners of the Ackermann tract. D8 The City Building Inspector's position, vacated by Mr. sturrock and subsequently filled on a temporary basis by Mr. Archie Woodward, has terminated temporary status effective May 1. Mr. Woodward expressed willingness to continue on a full time basts. A salary of $4,000.00 annually and a monthly car allowance ~of $75.00 was affixed for the position. Mr. Woodward's pay as Fire Chief in n~'~ the amount of $50.00 monthly is to be suspended. Motion for acceptance of 't1 the salary was made by Mr. Chambless. seconded by J.1r. Graham and voted on Ayes (3), Abstain (I - Mr. Schwartz). Pay proposals are to be retroactive to May I. The Director, Schertz Housing Authority has not been paid any salary during the 1972 calendar year due to non-release of funds by HUD. Although funding for the total project has been approved, another period of 90 days is expected before funds will be made available at the local level. Relief for salary payment by the city until such time as HUD monies are available was discussed. Mr. Saegert, City Attorney, indicated the city could make no loan of monies and recommended the Schertz State Bank be contacted for assistance. Annexation of property located be hIe en Lone Oak subdivision and FM 78 was dis- cussed. Item will be placed on the May 18 agenda. ,~'" ~f) Further discussion was held on the request by Mr. Riedel for a discharge permit from the Texas Water Quality Board. City council members. previously opposing the issuance of such a permit reiterated their position and voted Ayes (3). Abstain (1 - Mr. Schwartz) following motion by Mr. Chambless and second by Mr. Koym to have the following message conveyed to the Texas Water Quality Board Hearing t<;xaminer: "The Cibolo Creek Municipal Authority should be the sole processer of sewage in its area of jurisdiction. Mr. Riedel is agreeable to hook up his trailer park facilities to the city sewer system providing Riedel's water system remains in its present status or unless the City of Schertz agrees to purchase said water system at a negotiable price. L_ . Names of members to be appointed to the Steering Committee on Home Rule Charter were announced to the council. Members accepting nomination were: ~arl W. SaJlYer. Robert C. Buckhanan, Tom Joyner, Mrs. ~lvira Hild, John Deck, Claudine Upton, Joseph Staulb, Ralph C. Reid, Richard Nagle. Arthur Teske, Lester Bullock, Clifton Crook, Tom Funk and Floyd ClarK. Mrs. Bobbie Koch will be contacted by the City Secretary as the 15th member of the committee. v~ ~ A letter from Marmon. Mok and Green, Planning Consultants, requested an extension of time for completion of the current comprehensive plan from April 30 to June JO. A further request was made for an additional payment of $600.00 from the city for changes effected in city maps make for the study. Motion was made by "Mr. Koym, seconded by Mr. Graham and voted on Ayes (3), Abstain (I-Mr. Schwartz) to grant the time extension and to delay commitment of additional funds until such time as more work is completed on the project. ,f\\J ~f} A request was made by the City Secretary to retain Mrs. Alice Austin for part-time administrative help in the Police Department at a salary of $60.00 per month during the off-school season. Request was approved following motion by Mr. Graham. second by Mr. Chambless and voted on Ayes (3). Abstain (1.- Mr. Schwartz). A request for enactment of a "late hours law' was tabled and will be placed on the May 18 agenda. Meeting adjourned at 12:10 a.m. ATTEST: ~C ~ Ci tJr Se cretary APPROVED: ~ ~ Mayor MINUT~S OF TH~ M~TING OF Ttm CITY OF SCHR:RTZ CITY COUNCIL HSLD ON MAY IS. 1972 U~ The regular meeting of the City Council convened at the direction of Mayor Roy W. Richard at 7:30 p.m. in City Hall. Aldermen in attennance were Mr. Raymond G. Koym, Mr. Hugh G. Sandifer, Mr. Jesse Ti. Graham, Mr. Leon R. Chambless and Mr. Robert E. Schwartz. Minutes of the meeting of May 4, 1972 were read and approved with the following exception: Item relating to FM 78 should have included notice to consult with the District Engin:pr, Texas Highway Dept. and to colloborate with property owners on the thoroughfare study. Ordimmce IF 256 relating to "Regulating Public Utilities, II was discussed with members of Untted G2S Corp., Bell Telephone and Guadalupe Valley r.;lectric Cooperative. United Gas Corp. indicated opposition to the ordinance on the basis that (I) any ordinance must be reasonable and workable (2) Arttcle 1. Sec 19 of the Texas constitution states that no private property can be deprived or impaired without due process (3) Adequate standards gov~rning enforcements. have not been established and too much power is left with city officials. In emphasizing their points, United Gas stated a city should not barter with their police powers and that a reasonable relationship whould be established between an ordinr>nce and such factors as public safety. They further emphasized that Article 1103 of Vernon's Statues st~tes that up to 2% of gross fees may be assessed by the city and thpt fees will not exceed 2~~. They do not feel is proper for the city to charge any additional fees. Southwestern Bell Telephone stated their existing franchise covers all main points contpined in the ordinance and they should have an exclusionary clause contained in the ordinance. GVF.C stated that they will not oppose the ordinance but indicated many of the items are vague in content. GVEC proposed a working group of utilities representatives. the City SecrAtary and Councilman Graham be formed to construct a workable ordinance. Time and place of meeting will be set by the City Secretary. The subject of the north drainage ditch was discussed in the presence of Malford Ackermann and Hugo Ackermann. M;,lford Ackermann indicated the survey crew had trespassed on his property and felt that the family should have been contacted directly about the proposal of placing the ditch on their property at the outset of considerations. City Engineer explained the reasons for this preliminary location, stating that other alternatives were availalbRle and even desired from an engineering standpoint. Mr. Chambless motioned ,1~ that an attempt be made to have the Corps of Engineers study the entire drainage areaq~ and provide their recommendations on location of a drainage ditch. Mr. Graham seconded and the vote was unanimous. Resolution I 1016 was read and approved unanimously following motion by Mr. Koym andA~/~~ second by Mr. Sandifer. Resolution # lOl6 follows: ~ A RESOLU'T' ION FIXING POLICY FOR EMPWyr<;F. SICK LH;AVH;. DH;T8RHINING USE OF ACCRUED AND ADV ANC":D SICK LEAVE. SB'ITING LIMITS ON SICK LElI"\R, AED H;SV.BLISHING A110UNTS MID 1'IIvlE FOR TRFNSFSRIBILI"'Y OF' SICK LSAVE CRH;DITS. ~m~RSAS. The City of Schertz, Texas desires to 8rovide a uniform system mn supplying sick leave credit to city employees to date, and; ~'lHH;RSAS, there has been no extablished iJolicy for city employ,;es to date. and; 1~~RF.AS, a given number of days sick leAve can reasonably be expected from employees, BF. IT RH;SOLvP:D BY 'T'H~ CITY COUNCIL OF THB CITY OF SCHY;RTZ. TEXAS: ThRt the following methods, procedures and actions relating to sick leave policy are hereby extablished: SICK IF.ATI: 1. $ick leave sh211 be accrued at the rate of one (1) work day for each full month of emplOYment for all full-time employees. A full-time employee is construed to mean an employee who has completed a forty (40) hour work week for a period of one year. 2. Temporary or part-time employees shall not accrue sick leave but may be granted sick leave at the discretion of the City Administrator not to exceed five (5) work days. 1 00 Any amount in excess of five (S) days must have approval of t~e City Council~ 3. Sick leave may be accumulated in an amount not to exceed 11) work days. S~ck leave accumulated in excess of the lIS-day authorization will be removed from the records as of December JI each year. 4. Sick leave without pay may be granted by the City Administrator not to exceed 30 days in one calendar year for illnesses occuring from other than those directly related to job performance. Periods of time in excess of 30 days may be authorized by the City Council for illnesses or other required hospitalization resulting directly from job per- formance. 5. Sick leave required in excess of that accrued by full-time employees may be advanced by the City Administrator in amounts specified above. All other requests for advpnce sick leRve must be approved by the City Council. Should an employee terminate employment while in arrears in advance sick leave. repayment. the employee shall reimburse the city for each advanced day of sick leAve remaining on record. Repayment will be based on current salary with daily rate computed on a 30-day month. 6. Sick leave accrued credits may be transferable at time of employment termi- nation at the rate of three ()) sick leave days for one (I) day vacation leave not to exceed a total of fifteen (15) days vacation leave for the purpose of determining (PAYMENT IN KIND) as contained in City of Schertz Resolution # 1008. Sick leave time may not be con1rerted to vacation time for any other reason. PSRSONN4:L REQUIR~NTS: 1. Sick leave records will be maintained by department heads or higher level and posted on a monthly basis. 2. A Doctor's certificate may be demanded by the City Administrator for any sick leave taken in excess of three (3) days. PASSED AND APPRO~D THIS TH~ 18th day of May, 1972. s/t/ Roy W. Richard. Mavor ATT~ST: s1tj Robert C. Bueker, City Secretary (CITY S~AL) Resolution # 1016 ,- I Resolution # 1017 was read and approved unanimously following motion by Mr. Graham and ~cond by Mr. Chambless. Resolution # 1017 follows: J1 ~ A RESOLUTION ADOpT'ING TH~ 1967 ~PTT'ION OF Tlfl': TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL D~VICES, ADOPTING THE 1971 EDITION OF TH~ MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR Sln.e.t'.JIS AND HIGH'NAY'S COMMONLY R~Ft':RR~D TO AS T~ 1971 NATIONAL MANUAL, AND PROVIDING FOR THE ADOPI'ION OF THE 1967 EDITION OF ~ TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICl'.:S (REVISED) WHEN SUCH ACTION IS COMPL~TED. WHEREAS. the 1967 Edition of the Texas Manual on Uniform Traffic Control Devices for streets and Highways is the recognized standard for use within the state of Texas,andj \VHBREAS, the 1961 Edition of the A&SHO Manual has been revised and superseded by the 1971 Edition of the Manual on Uniform Traffic Control Devices for Streets and Highways developed with the cooperation of the American Association of State Highway Officials, and approved by the Federal Hi~hway Administrator. hereinafter referred to as the 1971 National Hanualj and 1~R~AS, the 1967 Texas Manual is being revised to correlate with and so far as possible conform ~~th the 1971 National Manual; and WHEREAS, it is now considered desirable to use the current system of traffic control devices as contained in the 1971 National Manual and any subsequent revisions which might be made thereto. except where the 1971 National Manual or subsequent revisions might be in conf1ict with State laws, as interim s+.andards for highways within the state until the revision of the 1967 Texas Manual is completed; NQ1..-r, 'T'W<:R~FOR~. BE IT ORDAIN~ BY ~ GIft COUNCIL, CITY OF SCHERTZ. tha!5 The City of Schertz place into use as interim standards for use on city streets within the said City of Schertz the current system of uniform traffic contraol devices contained in the 1971 National Manual and any subsequent revisions which might be made thereto. except where the 1971 Nat,ional Mannal or subsequent reV1Slons might be 101 in conflict with state laws, until the revision of the 1967 Texas Manual is completed. PASS4.:D AJ\1D k)PROVED by thf3 City Council, City of Schertz, this the 18th day of Hay, 1972A.D. APPROVED: s/t/ Roy W. Richard. Mayor ATTSST: s/t/ Robert (CI'I'Y SEAL) Resolution # 1017 c. Bueker, City Secretary Mr. Riedel and Dr. Mays appeared before the council to present an engineering drawing for a proposed bypass route through Schertz to the south of the present developed area of the city and emerging west of Live Oak. reentering the prAsent path of F}1 78. Further discussion was held on the city purchasing Riedel's Trailer Park water system. Appraisal will be obtained and an answer given Mr. Riedel at the June 1, 1972 council meeting. Annexation of properties located in front of Lone Oak subdivision was discussed and council members desired these properties be incorporated. Majority of owners of this property will present a petition to the city council. Following discussion on the city's position on being a member municipality of AAOOG, a motion was made by Mr. Sandifer to have a resolution drafted declaring the intent of the City of Schertz to become a member of AAOOG and to have a copy of this resolution ~~11 forwarded to the Cormnissioner's Court. Mr. Koym seconded the motion and vote was q& lmanimous. Ordinance # 257 was read and adopted following motion by Mr. Graham. second by Mr. Koym rl1 and voted on unanimously. Ordinance # 257 follows: q 1~'U ORDINANGJ<; # 257 ANN4;XING THE HEREINAFTRR DESCRIF3r.:D fTl]:i;RRITORY TO THE CITY OF SCHERTZ, GUADAUJPE COUNTY. TEXt,S, AND EJITENDTIJG TW;: BOUNDJIRY LlliITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER Dr.:SCRIBr.:D PRORRTY HTI'HIN THE SAID CITY LIMITS. AND THE RIGHTS AND PRIVIlEGES OF OTHER CI'T'Izti:NS AND BINDI:JG SAID TIJHA3IT !\NTS BY ALL OF THE ACI'S, ORDINANCES, RRSOLUTIONS AND RRGUUTIONS OF SAID CITY. BEGINNING at the northwesternmost corner of the City Limits line of the City of Schertz. which corner lies in the LeRoy Tvilson 89 acre tract: TH"SNCE:, S 600 T:l across the remainder of the LeRoy Wilson tract, and the Clarence Dolle tract, 2330 feet, more or less, to a point in the west line of the said Clarence Dolle tract; T~rCE, N 300 W with the west line of the said Clarence Dolle tract, the Adolph Scheel 40 acre tract, and the Melton A. Buehring tract, 2640 feet to a point in the said west line of the Melton A. Buehring tract; THENCE N 600 E 2620 feet to a poi nt in the west line of the H. L. McLa uf,h Un tra ct ; THr.:NCE: S 300 E Hith the said 1-rest line of the H. L. Mctaughlin tract and oroduced a total of 2640 feet to a point in the northernmost city lim,;ts line of the 6ity of Schertz; fTlI~T~. S 600 W with the said City Limits line of the City of Schertz 290 feet, more or less. to the point of begin~ing. I{RRREAS, said territory is adjoining the City of Schertz, and ~{HEREAS, said petition, desiring and requesting the annexation of said territory of said city has been presented to the City Council and has attached to it the affidavit of ten (10) applicants to the effect that said petition is signed by a majority of the qualified voters W'ithin such propertYfl N01>l, THr.:Rr.:FORE, BE IT ORDAINED BY rrH'R CITY COUNCIL OF rrHE CITY OF SCHERTZ, TEXAS: Th~t the following property described, to-1flt: BEGINNING at the northwesternmost corner of the City Limits line of the City of Schertz, which corner lies in the LeRoy Wilson 89 acre tract: THENCE. S 600 Wacross the remainder of the LeRoy \iilson tract, and the Clarence Dolle tract. 2330 feet, more or less, to a point in the west line of the said Clarence Dolle tract; TH"RNCE, N 300 W with the west line of the said Clarence Dolle tract, the Adolph 1 0') Scheel 40 acre tract, and the Helton A. Buehring tract, 2640 feet to a point in the said - west line of the Melton A. Bu~hring tract; THSN~, N 600 ~ 2620 feet to a point in the west line of the H. L. McLaughlin tradtj T~N~, S 300 R with the said west line of the H. L. Mclaughlin tract and produced a total of 2640 f~et to a point in the northernmost city limits line of the City of Schertz; TH~Ncp,. S 600 W with the said City Limits line of the City of Schertz 290 feet, more or less, to the point of b~gin~ing. be and the same is hereby annexed to the City of Schertz, Guadalupe County, Texas and thRt the boundary limits of the City of Schertz be and the same are hereby extended to include the above iescribed territory within the city limits of the City of Schertz. and the same shall hereafter be included within the territorial limits of said city, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City of Schertz and they shall be bound by the acts, ordinances, reso_ lutions and regul~tions of said city. PASS~ AND APPROVED by an affirmative vote of all members of the City Council, the the 18th day of May, 1972, A. D. APPROVED: s/t/ Roy W. Richard. Mayor ATT~ST: Robert C. Bueker sit, City Secretary (CI'T'Y SRAL) Mr. Walter Schertz, Urban Renewal Director, presented the need for rezoning of Main St. to commercial use. This had originally been submitted in 1966 but was rejected by RUD. Favorable consideration will now be given. If approved, amendment will have to be made to the Urban Renewal Plan. AgreeIlent was voiced by council Ilembers to proceed with the project. Mr. Tidwell and Mr. Schneider complained about drainage problems in the alley areas behind their properties. Mr. Cross will investigate. They further requested traffic signs be placed on Pecan and Maple sts. Police Chief Schoonover indicated signs have been ordered for these streets and should be installed within three weeks. .~ayor Rich?rd.indicated t?at a meeting in the County Courthouse with Disaster Relief ~ersonnel 1ndlcated the C1ty should be reimbursed for losses incurred in the sewer plant land some possible monetary return for personnel payment. Mr. Graham motioned. Mr. ~oym seconded and vote was unanimous to write a resolution making apolication for relief under the Federal Disaster Assistance Program. ~ Motion was made by Mr. Graham that city employees be paid tine and one-half for all ~ours worked as overtime during the emergency and that the city express its appreciation ~or their efforts. 11r. Chambless seconded the motion and vote was unanimous. 1-- Meeting adjourned at 12:05 a.m. ATTEST: ad C, ~J City Secretary . APPROVED: C?~A.J C2. :~---'-' Mayor MINUTES OF THE MEETING OF TIlE CI TY OF SQlERTZ CITY OOUNCIL HELD ON MAY 25, 1972 The regular meeting of the City Council convened at the direction of Mayor Roy W. Richard at 7:30 PM in City Hall. Aldermen in attendance were Mr. Raymond G. Koym, Mr. Hugh G. Sandifer, Mr. Jesse W. Graham, Mr. Leon R. Chambless and Mr. Robert E. Schwartz. The minutes of the meeting held May 18, 1972 were read. Mr. Graham asked that they be amended to read that it was recommended that the City Secretary write a letter to Mrs. Milton Ackermann apologizing for not informing them of the plans of the drainage ditch. The minutes were then approved with no other change. lOB Mr. Sandifer asked for the floor and formally presented a gavel to Mayor Richard to be used at all future meetings. 1'4 Mayor Richard announced the sale of his property on Live Oak Road to Wuest, I c. where a new grocery store complex is to be built. Resolution #1018 was read and adopted following motion by Mr. Chambless, second by Mr'IDO'~~ Koym and voted on unanimously. Resolution #1018 follows: DECLARING THE DESIRE OF THE CITY OF SCHERTZ TO BECOME A MEMBER OF 'IRE ALAMO AREA COUNCIL OF GOVERNMENTS AND REQUESTING THE COUNTY OF GUADALUPE TO CONSIDER MEMBERSHIP IN 'IRE AFORE- MENTIONED ORGANIZATION. WHEREAS, the Alamo Area Council of Governments is an active unit of government designed to provide regional planning and implementation of regional programs, and; WHEREAS, membership within the Alamo Attea Council of Governments is denied to those muni- cipalities whose location is within a county that is not a member of the Alamo Area Council of Governments, and; WHEREAS, the County of Guadalupe, Texas has not yet applied for membership to the Alamo Area Council of Governments: NOW, THEREFORE, BE IT ORDAINED BY THE City Council, City of Schertz, Texas: That the City of Schertz does hereby express its desire to become a member of the Alamo Area Council of Governments and solicits the County of Guadalupe, Texas to seek membership in the aforementioned organization as a prerequisite to municipal entry. PASSED AND APPROVED this the 25th day of May, 1972, A.D. Mayor ATTEST: Ci ty Secrt:!tary (CITY SEAL) Resolution IlOl9 was read and adopted following motion by Mr. Chambless, second by Mr. ,,1~ Schwartz and voted on unanimously. Resolution #1019 follows: ~o WHEREAS, the President has declared a ''Major disaster" in the State of Texas, Counties of Guadalupe and Comal under the provisions of Public Law 606, 9lst Congress, and WHEREAS, the City of Schertz, is a public entity within said State; NOW THEREFORE, Be It Resolved, by the City Council, City of Schertz, Texas that the Office of Emergency Preparedness be and hereby is requested to arrange to have the appropriate Federal Agency perform the following work: 1. Prepare Damage Survey Reports on losses incurred within the City of Schertz. 2. Arrange for payment, repayment or contract for repair of such payable losses indicated and approved by Damage Survey Reports. 104 3. Authorize the Cityof Seguin to function as the single agency for accepting applications and determining emergency housing requirements for Schertz residents requiring and entitled to same. -----., This body certifies that, to the best of its knowledge and belief, the requested work is eligible under Public Law 606, 9lst Congress, and agrees to (a) provide without cost to the United States all lands, easements, and right-of-way necessary for accomplishment of the approved work; and (b) hold and save the United States free from damages due to the approved work and with respect to debris removal shall indemnify the Federal Government against any claim arising from such removal. PASSED AND APPROVED this the 25th day of May, 1972. Mayor ATTEST: City Secretary (CITY SEAL) Walter Schertz, City representative on the Traffic Thoroughfare Study Group brief the council on proceedings to date. The plan is to be finalized by May 31. City Council menbers requested Mr. Silverman, Project Coordinator, be contacted for a copy of the final proposals to be reviewed by the council prior to publication. M.. Riedel and Dr. Mays again asked what decisions were being made regarding FM 78. The City Seeretary stated that in conversation with Mr. Ehlers, Highway Dept., a meeting between the city council, local businessmen and the highway department would be satisfac- tory with Mr. Ehlers preferably after publication of the Traffic Thoroughfare Study or at whatever time designated by the city council. ~Motion was made by Mr. Sandifer that Agenda items only be discussed and that visitor's ~attending council meetings, when duly recognized by the Mayor, be limited to five (5) ~minute8 for discusiion of their topic. Subject recommendation to be made a part of the City Council Policy Book. The motion was seconded by Mr. Schwartz and voted on unanimously. Recommendation was made by council members to have 8 letter of appreciation written to "Skip" Francis of the Texas Water Quality Board for his assistance during flood emergency opera tions . A letter from the Mayor of Cibolo requesting the City of Schertz to relinquish certain ETJ rights was read by the Mayor with the recommendation that this item placed on the agenda of June 1. ~Discussion was held on the purchase of Riedel's water system located in the trailer park. ~~otion was .ade by Mr. Sandifer that Mr. Graham and the City Secretary be allowed to nego' , tiate with Mr. Riedel on behalf of the city council. Mr. Graham amended the motion to ~include that it be noted that Mr. Graham has made a personal offer to Mr. Riedel for purchase ~of the system. Motion and amendment were seconded by Mr. Koym. Vote was Ayes four(4), abstain (1) Mr. Graham. ~r. Schwartz proposed the hiring of two boy. for work during the summer months in the lcity park. Ibrk requires is four hours daily, five days a week during the months of June, ~ ~July and August. Mr. Graham made a motion that two boys be hired with the provision that '" 105 hirees must be residents of Schertz and not related to present city employees. Mr. Chambless 8econded the motion and vote was unanimous. Request was made by the City Administrator to have noise pollution study placed on the June I agenda. ATTEST: ~AliMLJ at 11:50 p.m. APPROVED: ~A^J ~ ~ Mayo-; J" v Meeting adjourned City Secretary MINUTSS OF THE MEETING OF TH~ CITY COUNCIL. CITY OF SCHERTZ. TEXAS. H?LD ON JUN~ 2, 1972 The regular meeting of the City Council was called to order by Mayor Roy W. Richard at 7:30 p.m. in City Hall. Aldermen in attendance were Mr. Raymond G. Koym. Mr. Leon R. Chambless. Mr. Jesse W. Graham and Mr. Hugh G. Sandifer. Absent was Alderman Robert E. Schwartz. Minutes of the meetinr, of May 25. 1972 were read and approved with the following change: Notice of the sale of land by Mayor Richard is corrected to read. "a portion of Dr. Richard's property." Discussion was held on the purchase of Riedel's Water System and a means of providin~,11J sewer service to the trailer park area. A motion to purchase the water system for IO~ a purchase p:fiice of $35.800.00 witha:ll necessary easements and right-of-ways to perform operation and maintenance as contained in item I.B. of letter to Members of the City Council dated June 1. 1972 which follows: Item I.B. Purchase price of $35,800.00 for water distribution system. Necessary easements to perform 0 & M will be granted. Maintenance of the entire system will be city expense and each trailer unit will be metered separately. This policy 1'J'Ould set a precedence for metering in other trailer parks that may develop in the future and constitute a basic decision of water distribution management to be made at this time. Estimated cost of installing a new distribution system within the trailer park area is (20,000.00). Total cost under this approach would be 855,800.00. Using the same water usage ftguees listed in "A" above. (550 gpd per unit) separate metering use would run: Total monthly bill per unit Monthly trailer park rate Annual income $ 7.20 $ 864.00 $ 10,368.00 Amortization of total system 5t years The City will also purchase from y~. Riedel an improved sewer system that will reverse the flow into the existing lift station owned by the City of Schertz at a price not to exceed $9,500.00 Motion was made by Mr. Koym, seconded by Mr. Sandifer and voted on Ayes - two (2), Mr. Koym and !1r. Sandifer; Noes - two (2) Mr. Chambless and Mr. Graham. vote to break tie was cast by the Mayor in favor of the motion creating majority in favor. Garbage franchise bids were received and opened on May JO at 4/45 p.m. as specified. Bids were presented to the council for acceptance and determination of low bidder. A bid received from Lorenso Bustos, 212 Goforth Dr., San Antonio was rejected on the basis that it Was not submi "',ted on a bid specification form and could not be considered on a fair basis with bids received from RAS Sanitation, Inc. and Gutierrez Disposal and Materials, Inc. Gutierrez Disposal was granted the three-year franchise on the basis of low bidder following motion by Mr. Graham, second by Mr. Chambless and voted on Ayes _ three ('1); Abstain - (I), Mr. Sandifer. Previous motion to reject the bid by Lorenso Buston waS mp.de by Mr. Graham, seconded by !Jf.r. Koym and voted on unanimously. IOlD~11.; 1 OG Intrepretation was aske? by the City A~ministrator. on the cu:b_cut ordi~a~ce in relation to the re'lUJ.rement of permlt for preakJ.ng curbs J.n new subdJ.vJ.- sion developments. Voice vote of council members indicated a permit would not be required in this instance. ~he HUD directive on noise pollution and its effect on the city was discussed. A letter I from Lt. Gen. Gordon Blake (Ret) requested permission from the city council to conduct ~a survey within the Zone 2 area of noise pollution in the form of a survey questionnaire. ,Motion to allo~v the study was made by Mr. Graham. second by Mr. Koym and voted on unanimously. Mr. Cross, ~ity Engineer, was asked if th8 problem of drainage in Westland Park behind the Tidwell and Schneider properties was correctible. He indicated orders have been given to direct the flow down the alley behind the Schneider residence to the south ROW of West- land Park and then easterly into the Val Verde drainage. Mr. Graham briefed the council on a proposal for increasing water rates in the city. He stated preliminary consideration was being given a 21 per cent increase for high users. His study will be continued and copies of a proposal furnished to council members for their review. ~ . ~A proposed resolution * 1020 was presented by Mr. Riedel for concil conside~ation. Mr. ~Chambless motioned the resolution be adopted. Mr. Sandifer seconded and vote was unanimous. ,Resolution # 1020 follows: A Rl4;SOWTION NOTING eIBOLO CRB~K OBSTRUCTIONS THAT n1.t'~;U~ TH-r;; FW:v OF NA':'URAL DRAINAG~ AND REQURSTING l''''u~.;RAL AND STATH.: ASSIS'T'ANC!': IN D"l<;V'li:LOPING A LONG-RANGE PLAN TO PRS~NT A REOCCURENC8 OF FLOODING. ~NHEREAS, the recent rains have caused damage of a disaster nature in the City of Schertz, much of 1-Thich might be avoided in the future by clearing obstructions from Cibolo Creek. ! I NOH', TH"SRr,;FORB, BE r R~..sOL~ by the City Council, City of Schertz, Texas: . I~ 3 Th8t action be initiated by the City of Schertz as follows: To request appr~priate federal, state, or county agencies to determine the extent of any obstructions, including any construction, which has impeded water flow in Cibolo Creek ?nd to clear any obstructions for a reasonable distance south of the City of Schertz in order to assure to the maximum extent possible a proper flow of water th~ough Cibolo Creek. PASSED AN~ APPRO~D this the lst day of June, 1972, A.D. sltl Roy W. Richard, Mayor A TTSST : s/t/ Robert C. Bueker, City Secretary CITY SH:AL Resolution # I020 Meetine; adjo~~d at 9:45 p.m. . AT~ST: A:U (}. -d3~ City Secretary , APPROVED: r::2~ ~ C;;U ~ ~;~;l MINUTES OF THE MEETING OF ~ CITY COUNCIL. CITY OF SCHERTZ. TEXAS HELD ON JUNE 8, 1972 ~-\ The regular meeting of the City Council convened at 7:30 p.m. at the call of MayoJl()lI Roy W. Richard in Gity Hall. Aldermen in attendance were: Mr. Raymond G. Koym, Mr. Leon R. Chambless, lrr. Robert B. Schwartz and Mr. Jesse W. Graham. Absent was Aldermen Hugh G. Sandifer. Minutes of the meeting of June 1, 1972 were read and approved. Mr. Chambless mentioned that a price quotation of $21,000.00 should be substituted for the $20,000.00 price men- tioned as the cost of upgrading the Riedel Trailer Park water system under terms of purchasE , . Mayor Fritz Schlater of Ciholo appeared at the meeting for the purpose of requesting release of extra territorial jurisdiction to the City of Cibolo of those lands lying south of FM 78, east of Dietz Creek and north of Cibolo Creek to the present easternmost ~~ ~J line of the City of Schertz. Mr. Graham motioned that the land be released to the ,df City of Cibolo. ltr. Chambless seconded and vote was unanimous. City Administrator was asked to prepare papers. Discussion was held on acquisition of an additional 201 of right-of-way on Aero Ave. thru the McCuistion tract. This ROW is required for the start of work on this street. Council members authorized the City Administrator to negotiate for purchase out of court for the ROW 8nd the entire four-plus acres lyin8 north of Aero Ave. projected at a price of $2,000.00 per acre or for the ROW only at $2,000.00 per acre plus a settlement cost for the loss of four pecan trees not to exceed $200.00 per tree. Representatives of the Cibolo Valley Jaycees asked the council for park land upon which to develop.a full-size baseball field and eventually other athletic fadilities for public use. Mayor Richard suggested land in the vicinity of FM 3009 and indicated such land may be available from the developer for this use. The Jaycees indicated this location would suit their purposes prov"iding utilities (water and light) were availalbl:le. The Schertz Volunteer Fire Department requested funds "in the amount of $22h.51 discovered as a carry-over on their books from the FY 71 budget be allocated for use in the FY 72 ,1~ budget. Mr. Graham motioned this transaction be allowed. Mr. Chambless seconded and \10 vote was unenimous. Resolution #1021 was read and motion made by Hr. Schwartz for adoption. Mr. Koym seconded I and. vote was unanimous. Resolution If 10Zl follows: " I''1:lJ A BESOIIJ TION ~ IT RF.SOLVBD by the City Council of Schertz, Texas that Robert C. Bueker, City Administrator, be and he is h8reby authorized to execute for and in behalf of Schertz, Texas, a public entity established under the laws of the State of Texas, this application and to file it in the appropriate state office for the purpose of obtaining certain Federal financial assistance under the Federal Disaster Act (Public Law 606, 91st Congress). PASSF.D AND APPRrV~D this 8th day of June, 1972, A.D. Is/tl Roy W. Richard. Mayor Is/tl Leon R. Chambless, Councilman fsftf Robert 4;. Schwartz, Counci'.man fsftl Raymond G. Koym, Councilman Isftl Jes~e W. Graham, Councilman ATTT<;ST: s It I Robert C. Bueker, City Administrcitor (CITY S~AL) Resolution #: 1021 Meeting adjourned at 10:50 p.m. ATTP:ST:-&Le. :e..~/, City Secretary APPROVH.:D: J:.1ayor 108 MINUT~S OF T~ MSETING OF THS CITY roUNCIL. CITY OF SCHERTZ. 'RXAS, HBLD ON JUN~ IS, 19c'12 The regular meeting of the city council convened at the direction of Mayor Roy W. Richard I at 7:30 p.m. in City Hall. Aldermen in attendance were Mr. Leon R. Chambless. Mr. Robert ~. Schwartz, Mr. Jesse W. Graham and Mr. Hugh G. Sandifer. Absent was Mr. Raymond G. Koym. Minutes of the June 8, 1972 meetin~ were read and approved. ~~Mr. Chambless motioned that $100.00 be allocated to the Cibolo Creek Municipal Authority ~ to defray administrative expenses pending CCMA's ability to finance it~' own costs. Mr. Graham seconded the motion and vote was unanimous. ~A preliminary plat on Deerhaven, Unit III, was presented for consideration as a suburban ~ subdivision under variance to the Subdivision Ordinance. Minutes of the Zoning and Plan- ~ ning Commission meeting of May 3l, 1972 were read relating to the subject. Motion was ~ made by, Mr. Chambless that a variance to the subdivision ordinance be made to include a 28' paved street, flat curb and no sidewalk. Further discussion was held and Mr. Chambless withdrew the motion with recommendation that a meeting be arranged between the council. Mr. Beck and Mr. Simmons before final conclusions were drawn. Mr. Shapre, Deerhaven, requested further consideration be given his water billing which carries a penalty charge for nearly a two year period based on an initial wrong mailing of the bill. Mayor Richard referred the matter to the Utilities Commissioner. After private consultation with Mr. Sharpe, Mr. Graham authorized removal of the penalty charge from the billing. A pre-preliminary plat of a proposed mobile home park on FM ISl8 submitted by Mr. Ken Rice was reviewed. Discussion was held on metering. street dedication and other operational 1--- characteristics relating to city utilities and adjoining land uses. It was recommended . Mr. Rice be invited to attend the next council meeting and discuss the park with council members. ~~ordinance #259 was read by Mayor Richard. ~\ Mr. Sandifer it was voted on unanimously. ~ After motion by Mr. Chambless and second by Ordinance #259 follows: AN ORDINANCE GRANTING GUTIERREZ DISPOSAL AND MATERIAL, INC. A FRANCHISE TO OPERATE A GARBAGE COLLECTION SERVICE IN THE CITY OF SCHERTZ, TEXAS AND PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UPON AND UNDER WHICH SUCH FRANCHISE SHALL BE EXERCISED. 1. Grant of Authoritv. There is hereby granted by the City of Schertz (Herein- after called "city"), to a company (hereinafter called "contractor"), the right and privi- lege to operate and maintain within the City of Schertz a service for the collection and disposal of garbage, weeds, brush and other refuse. 2. Exclusive Grant. The right and privilege granted herein for the purposes set forth shall be exclusive and no other contractor, person or corporation shall be per- mitted to engage in the garbage collection within the city of Schertz during the terms of this franchise. .. ~ 3. Compliance with Laws and Ordinances. The Contractor shall at all times during the life of this franchise, be subject to all lawful exercise of the police power by the City, and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, Contractor will observe all state laws regulating the collection and disposal of garbage (also see paragraph 6 F). 4. Liabilitv. It is expressly understood and agreed by and between the City and Contractor that the Contractor shall indemnify and save the City harmless from any and 10~ all 10s8 sustained by the City on account of any suit, judgment, claim or demand whatso- ever, resulting from the negligence on the part of said Contractor, its agents, or employees in the performance of services under this franchise agreement. 5. Insurance Requirements. Contractor agrees to carry public liability insurance naming the City of Schertz as co-insured in the amount of $100,000.00 per person and $300,000.00 per accident; and property damage insurance in the amount of $10,000.00. Such insurance will be carried with a reputable cmmpany and said policies must be sub- mitted to and be ~pproved by the City Attorney. A. Performance Bond. Contract agrees to furnish the City in a form to be approved by the City Attorney a bond guaranteeing performance of the provisions of this franchise in the amount of $10,000.00. Said Bond shall show Contractor as principal and a Surety Company authorited to transact business in Texas as Surety. 6. Service Standards. The Contractor shall mainatain and operate its collection system and equipment in order to render efficient service subject to the terms of this franchise. The following shall be considered as mandatory requirements: A. Equipment. All equipment, including motor vehicles and trucks necessary for the performance of this franchise shall, at the beginning of the period hereof, be in good condition and repair. A stand-by vehicle shall always be available. The trucks used in collection of garbage or refuse shall be all metal, watertight, with completely enclosed "Packer" type bodies that are designed and manufactured for the collection of garbage and refuse. Said collection vehicles shall be painted and numbered and shall have Contractor's name and telephone number painted in letters of a contrasting color on each side of the vehicle. All vehicles shall be kept in a clean and sanitary condition and shall be cleaned inside and outside at least once each week. B. Office. Contractor shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 AM to 5:00 PM each and every day except Saturday, Sunday, and legal national holidays. C. Office Location. The Office mentioned in Sub-paragraph B shall be staffed with sufficient competent personnel to handle calls and inquiries during office hours. A daily log of all service calls, complaints and inquiries received by telephone or otherwise and the action taken thereon shall be maintained by Contractor. D. Routes and Times of Collection. Contractor shall collect, remove, transport and dispose of garbage, weeds, and refuse from areas designated by the City Council according to the schedule attached hereto as Exhibit "A" hereof. E. Changes in Times and Routes of Collection. The City Council reserves the right to change or alter the times and routes of collection. Contractor shall be given at least five (5) days notice if any such action iB contemplated by City. No changes in collection schedule shall be mad~ by Contractor without approval by City ;'l~ (~ F. Disposal of Garbage and Refuse. Contractor shall have the responsibility of the (1 disposal of all refuse, garbage and weeds collected under this agreement and all of said materials shall be disposed of in complainance with the laws of the State of Texas and/or the rules, regulations and standards established or to be established by the Texas State Department of Health to include the Texas Air Control Board. G. Area of Collection. Contractor will collect garbage from all property owners withi the City needsing such service and not delinquent in the payment of the authorized service fees. 110 H. Interruption in Service. In the event that the collection and disposal of garbage refuse shall be interrupted by any reason for more than forty- eight (48) hours, the City shall have the right to make temporary inde- pendent arrangements for the purpose of continuing this necessary service to its Ditizens in order to provide and protect the public health and safety. I. Excessive Interruption in Service. If the interruption in service mentioned in the paragraph next above continues for a period of thirty (30) days, then City shall have the right to terminate the rights and privileges granted in this franchise. 7. Term of Franchise. Franchise rights herein granted shall take effect and be in force from and after the final passage hereof as required by law, and upon filing of acceptance by the Contractor with the City Secretary, and shall continue in force and effect for a term of three years effective July 1, 1972. If the terms of this franchise are not accepted by the Contractor and said acceptance in writing filing with the City Secretary within (30) days after the passage hereof, all rights granted hereunder shall be null and void. A. Revocation. Franchise rights granted hereunder may be terminated by the City of Schertz or by the Contractor on the giving of notice in writing to the other party to said contract, of the intention of said party to terminate his participation in said contract ninety (90) days in advance of said proposed termination of contract. 8. Non-transferabilitv of Franchise Ri~hts. The Contractor shall not accept, sell, transfer or assign its rights or system under this franchise to any other person or corporation witout the approval of the City Council. 1- 9. Rates, Collection Payment. The rates are to be charged are as accepted by the City and the City shall make or shall cause to be made all collections thereof. Con- tractor shall be paid by City at the rate of Ninety percent (90~) of amount billed for each customer served for which billing is made by City. Contractor shall be paid for each customer served for what he is due from City within 5 days after the closing date of each' billing period with the last monthly'payment hereunder to be made during the first calendary month after the expiration of the term hereof or after the cancellation hereof, as the case may be. 10. Records and Reports. City shall have access at reasonable hours to all the Con- tractor's records, customer service cards, and all papers relating to the operation of said Contractor witlin the City of Schertz. The following records and reports ahll be filed monthly by Contractor with the City Secretary at the City Hall of the City of Schertz: A. Reports of the results of all complaints and investigations received and completed each month by Contractor. B. Reports of all changes in equipement used in Contractor's operation. C. Record of all changes in number of residents of City served by Contractor. u II. Investi~ation and Public Hearina. The City Council shall have full power to examine or cause to be examined at any time, and at all times, the books, papers and records~', of Contractor with relation to the operation of the garbage collection system within the City. In this connection, the City shall have the right, through its Council, to take i testimony and compel the attendance of witnesses under oath or the production of books, 111 papers and records and to examine witnesses under oath and under such rules and regulations as it may adopt. If any officer of Board or agent or employee of contractor refuses to give testimony before said Council, Council shall have power by Ordinance to declare this fran- chise a privilege and default and terminate it. 12. Notices. Where written notices are provided for in this Ordinance, same shall be sufficient to notify Contractor if mailed by certified mail to the pro,er address as specified in this bid and shall be sufficient to notify the City if mailed by certified mail to City Secretary, City of Schertz, P. O. Drawer I, Schertz, Texas 78154. SCHEDULE "A" 1. Routes and Times of Collections. Garbage pickup shall be twice a week per customer in City. The City shall be divided into two routes for purposes of the collection of regulat garbage, small brush and limb pickup as follows: Monday and Thursday: Tuesday and Friday: Route No. 1 Route No. 2 (a) Resident's Special Pickup--When the trash, rubbish, limbs, rocks and other waste which cannot conveniently be placed into regular garbage containers, as outlined in paragraph 6 or, represent an unusual weight or size, the re~ieent or property owner may negotiate directly with the contractor to remove such trash, by special pickup at an agreeable price. If an agreeable price cannot be established, the resident is authorized to negotiate with any other person for this special service. 2. Pickup Points for Colelctions. Garbage containers shall be placed so that they are acc- essable fromthe curb line without the collector entering upon private property. 3. Times of Collection. Contractor shall make no collections in residential districts prior to 7:00 AM and collections in business districts shall not be commenced earlier than 6:00 AM. 4. Waste from &uilding Operations. Rocks, waste, scrap, building materials, or other trash resulting from sizeable amounts of trees, brush and debris cleared from property in pre- p.ration for construction, will not be removed by the Contractor as part of regular service but may be done for the owner on payment of an extra charge as agreed to between the owner and the Contractor with such payments being made directly to the Contracoor. The owner, at his option, will have such debris removed at his expense by a private hauler of his choice. 5. Dead Animals: Dead animals shall not be placed in garbage containers. Dead animals, except for small dead animals such as cats, dogs and the like are not required to be accepted by the Contractor. The Contractor upon call with no extra compensation shall as a special service pick up small dead animals from the street or upon request from a customer. A record shall be kept of these special service pickups and filed with the City Secretary on a monthly basis. The owner shall be responsible for the removal and disposal of excessively large dead animals, such as cows, horses, mules and goats. 6. Limit on Tree Pickups. All brush and large trimmings to be collected by Contractor shall be placed by property owners at the curb line. Trees, brush, and limbs cannot exceed three (3) inches in diameter nor five (5) feet in length. Leaves and grass clippings and small brush items are to be placed in cardboard containers and/or garbage cans. 7. Types of containers. Garbage containers shall be water tight receptacles of solid and durable grade of metal or plastic, not to exceed thirty (30) gallons in capacity, or plastic 112 or other waterproof bags manufactured for the purpose of containing garbage of refuse; the combined wiight of the garbage and container shall not exceed one hundred (100) pounds. Containers shall be provided with suitable lifting handle or handles on the outside and close fitting cover equipped with a handle. The container must not have any inside structures, such as inside bands, and reinforcing angles or anything within the container to prevent the free discharge of the contents. Containers that have deteriorated, or that have' been damaged to the extent of having jagged or sharp edges capable of causing injury to garbage collectors or other persons whose duty it is to handle the containers, or to such an extent that the covers will not fit securely, will be condemned by the City of Schertz. - , 8. Service Fees. The fair and reasonable rates for collecting garbage, trash, and brush as equitable to all citizens are: (a) Residential Class I - Residence, Single Family Class II - Trailer Parks (2 or more) (based on number in park on the 15th of month) Class III - Apartments Class IV - Motels $ 2.75 per month 1.65 per unit, per month 1. 75 per unit .65 per unit (b) Commercial Class V - Offices, Barber Shops, and Professional Services 3.00 per month Class VI - Light retail/industrial (grocery store under 2000 sq. ft.) 4.50 per month Class VII - Medium retail/industrial (garages, I filling stations, drug stores, grocery stores 2000-4000 sq. ft.) 7.50 per month I I Class VIII - Heavy retail/industrial 14.00 per month 9. Commercial Containers: Contractor will provide commercial containers to those customers who desire to use them in lieu of garbage cans. The use of such containers is not required by this ordinance by any specific customer. If desired, arrangements for their lease or purchase will be made with the Sanitation Contractor. Monthly lease charge for these mechanical lifted containers shall not exceed (to be determined by bid). Container Size TIMES Serviced Per Week l. 1 2 3 4 5 6 I cu. yd. $10.00 $17.00 $20.00 $25.00 $30.00 $35.00 2 cu. yd. 12.00 21. 00 25.00 30.00 35.00 40.00 3 cu. yd. 17.00 30.00 45.00 60.00 71. 00 78.00 10. Bi11in8 and Collection. For the purpose of convenience, the billing and collection of the charges levied for the garbage service shall be done by the Utilities Deparbment of the City of Schertz and all such fees shall be payable at the office of the Utilities Department. All charges shall be due and payable each month concurrent with utility bills and if not paid before the due date, the City shall assess a 101 penalty for delinquency and collection expense. II. Separabilit~. If any section, sentence, clause or paragraph of this Ordinance is for any reason held to be illegal, or invalid, such invalidity shall not affect the validity 113 of the remaining portion of this Ordinance. Ordinance No. 221 as amended and all ordinance! and agreements in conflict herewith are hereby repealed effective July 1, 1972. PASSED AND APPROVED this 15th day of June, 1972, A.D. /s/ Roy W. Richard Mayor ATTEST: Is/ R. C. Bueker City Secretary Acceptance: The above Ordinance Franchise is hereby accepted in all things by Contractor, of the City of Schertz, this day of June, 1972. Contractor Henry Gutierrez, President GUTIERREZ DISPOSAL AND MATERIALS, INC. (CITY SEAL) Ordinance #258 was discussed. It was tabled pending settlement of the boundary line of the Bligh property. ~.,.'I 'lJ Ordinances #260, 261, & 262 were read and discussed. Approval was given after ll~ a motion by Mr. Sandifer, second by Mr. Schwartz, and unanimous vote. These Ordinances folloWf Ordinance 11260 APPROVING THE PRICE AND CONDITIONS OF THE SALE BY THE URBAN RENEWAL AGENCY OF THE CITY OF SCHERTZ OF PROPOSED PARCEL 55-2lE, LOCATED WITHIN THE BUFFALO VALLEY NORTH URBAN RENEWAL PROJECT, TEX. R-112, TO KUNZ/HUDDLESTON INTERESTS FOR THE SUM OF $6,500.00, FOR 8,964.53 SQUARE FEET. WHEREAS, the Urban Renewal Agency of the City of Schertz advertised for bids the sale of certain property available for disposition within its Buffalo Valley North Project Tex. R-112, in the Valley News and the Weekly Herald, all newspapers with a general circulation within the City of Schertz, Guadalupe County, Texas; and, WHEREAS, pursuant to said advertisements, there was a bid submitted by Kunz/Huddle- ston Interests for a parcel of property described as Urban Renewal Disposition Parcel 55-214 E, within said Project; and WHEREAS, said bid of $6,500.00 for 8,964.53 square feet was within the minimum disposi- tion price set upon said parcel by the Agency; and WHEREAS, said bid was accepted by the Board of Commissioners of the Urban Renewal Agency after the bid opening of April 25, 1972, by a Resolution duly passed on May 8, 1972, and whereas said Resolution authorized sale to the said Kunz/Huddleston Interests and recommended the acceptance and approval of the terms and conditions of the sale to the City Council; and WHEREAS, the aforementioned bid and proposed use set forth in said bid and its terms and conditions conform to the Redevelopment Plan for Buffalo Valley North Project Tex. R-112, and conform to the plan for the development of the City as a whole; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 'mE CITY OF SCHERTZ: 114 1. The price and condit~ons of the sale by the Urban..Renewal Agency of the City of Schertz of proposed Parcel 55-2lE, within its Buffalo V lley North Project Tex. R-112 to Kunz/Huddleston Interests are hereby approved in accordlnce with Section 11 of A ticle ,. l269L-3, Vernon's Annotated Civil Statutes of Texas. 2. The property to be sold as authorized in Paragraph 1. above is more particularly described by field notes attached hereto and marked as Exhibit "A" of this Ordinance. 3. The consideration for said sale being $6,500.00 for 8,964.53 square feet, is also hereby approved. 4. The sale by the Urban Renewal Agency is made subject to the restrictions of the Redevelopment Plan for Buffalo VAlley North Project, Tex. R-112 as approved and amended and is on file in the Office of the Executive Director. 5. The conditions of the disposition documents, including the Deed and Contract for Sale of Land for Private Redevelopment, a copy of which is on file in the Office of the Executive Director, together with this Ordinance, are hereby approved. 6. The City Secretary is hereby directed to furnish copies of this Ordinance to the Executive Director of the Urban Renewal Agency. PASSED AND APPROVED this 15th day of June, 1972. Mayor ATTEST: City Secretary APPROVED AS TO FORM: Ci ty Attorney (CITY SEAL) ORDINANCE 1261 6/1 ')J I) APPROVING THE PRICE AND CONDITIONS OF THE SALE BY THE UUAN RENEWAL AGENCY OF THE CITY OF SCHERTZ OF PROPOSED PARCEL 53-7 LOCATED WITHIN THE BUFFALO VALLEY NORTH URBAN RENEWAL PROJECT, TEX. R-H2, TO SCHERTZ STATE BANK FOR '!HE SUM OF $9,125.00, FOR 17,903.l8 SQUARE FEET. WHEREAS, the Urban Renewal Agency of the City of Schertz advertised for bids for the sale of certain property available for disposition within its Buffalo VAlley North Project Tex. R-112, in the Valley News and the Weekly Herald, all newspapers with a general circulation within the City of Schertz, Guadalupe County, Texas; and WHEREAS, pursuant to said advertisements, there was a bid submitted by Schertz State Bank for a parcel of property described as Urban Renewal Disposition Parcel 53-7 within said Project; and WHEREAS, said bid of $9,125.00 for 17,903.18 square feet was within the minimum disposition price set upon said parcel by the Agency; and WHEREAS said bid was accepted by the Board of Commissioners of the Urban R newal Agency after' the bid opening of April 25, 1972, by a Resolution duly passed on Mly 8, 19~ ~ -, .... 110 and whereas said Resolution authorized sale to the said Schertz State BAnk and recommended the acceptance and approval of the terms and conditions of the sale to the City Council; and WHEREAS, the aforementioned bid and proposed use set forth in said bid and its terms and conditions conform to the Redevelopment Plan for Buffalo Valley North Project Tex.R-112 and conform to the plan for the development of the City as a whole; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: 1. The price and conditions of the sale by the Urban Renewal Agency of the City of Scheertz, Texas of proposed Parcel 53-7, within its Buffalo VAlley Nofth Project Tex.R-112 to Schertz State Bank are hereby approved in accordance with Section 11 of Article 1269L-3 Vernon's Annotated Civil Statutes of Texas. 2. The property to be sold as authorized in Paragraph 1. above is more particularly described by field notes attached hereto and marked as Exhibit "a" of this Ordinance. 3. The consideration for said sale being $9,125.00 for 17,903.18 square feet, is also hereby approved. 4. The sale by the Urban Renewal Agency is made subject to the restrictions of the Redevelopment Plan for Buffalo Valley North Project, Tex. R-112 as approved and amended and is on file in the Office of the Executive Director. 5. The conditions of the disposition documents, including the Deed and Contract for Sale of Land for Private Redevelopment, a copy of which is on file in the office of the Executive Director, together with this Ordinance, are hereby approved. 6. The City Secretary is hereby directed to furnish copies of this Ordinance to the Executive Director of the Urban Renewal Agency. PASSED AND APPROVED this 15th day of June, 1972. Mayor ATTEST: City Secretary APPROVED ASTO FORM: Ci ty Attorney (CITY SEAL) ORDINANCE # 262 ~,7 2J 1 ) :;;J APPROVING THE PRICE AND CONDITIONS OF THE SALE BY THE URBAN RENEWAL AGENCY OF THE CITY OF SCHERTZ OF PROPOSED PARCEL 53-12, LOCATED WITHIN THE BUFFALO VALLEY NORTH URBAN RENEWAL PROJECT, TEX. R-112, TO RANDOLPH LODGE #1268 A.F.&A.M. FOR THE SUM OF ~600.00,-FOR 3,158.88 SQUARE FEET. WHEREAS, the Urban Renewal Agency of the City of Schertz advertised for 116 bids for the sale of certain property available for disposition within its Buffalo Valley North Project Tex. R-112, in the Valley News and the Weekly Herald, all news- papers with a general circulation within the City of Schertz, Guadalupe County, Texas; and! WHEREAS, pursuant to said advertisements, there was a bid submitted by Randolph Lodge 11268 A.F.&A.M. for a parcel of property described as Urban Renewal Disposition Parcel 53-12, within said Project; and WHEREAS, said bid of $600.00 for 3,158.88 square feet was within the minimum disposition price set upon said parcel by the Agency; and WHEREAS, said bid was accepted by the B~rd of Commissioners of the Urban Renewal Agency after the bid opening of April 25, 1972, by a Resolution duly passed on May 8, 1972, and whereas said Resolution authorized sale to the said Randolph Lodge #1268 A.F.&A.M. and recommended the acceptance and approval of the terms end conditions of the sale to the City Council; and WHEREAS, the aforementioned bid and proposed use set forth in said bid and its terms and conditions conform to the Redevelopment Plan for Buffalo Valley North Pro- ject Tex R-112, and conform to the plan for the development of the Cityas a whole; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF mE CITY OF SCHERTZ: 1, The price and conditions of the sale by the Urban Renewal Agency of the City of Schertz of proposed Parcel 53-12, within its Buffalo Valley North Project Tex. R-112, to Randolph Lodge 11268 A.F.&A.M. are hereby approved in accordance with Section 11 of Article l269L-3, Vernon's Annotated Civil Saatutes of Texas. 2. The property to be sold as authorized in Paragraph 1. above is more parti- cularly described by field notes attached hereto and marked as Exhibit "A" of this Ordinance. 3. The consideration for said sale being $600.00 for 3,158.88 square feet, is also hereby approved. 4. The sale by the Urban Renewal Agency is made subject to the restrictions~of the Redevelopment Plan for Buffalo V lley North Project, Tex. R-112 as approved and It amended and is on file in the Office of the Executive Director. 5. The conditione of the disposition documents. including the Deed and Contract for Sale of Land for Private Redevelopment, a copy of which ie on file in the Office of the Executive Director, together with this Ordinance, are hereby approved. 6. The City Secretary is hereby directed to furnish copies of this Ordinance to the Executive Director of the Urban Renewal Agency PASSED AND APPROVED this 15th day of June, 1972 .s/T Mayor ATTEST: S/T City Secretary APPROVED AS TO FORM: City Attorney (CITY SEAL) 1J7 Motion was made by Mr. Graham to have a study group formed consisting of the City Administra- tor a member from the Chamber of Commerce, a member from the Planning and Zoning Commission, .a m~mber from the Urban Renewal Agency and a Citizen-at-Large (Mr. Wayne Flowers) for the purpose of reviewing the Traffic Thoroughfare problem concerning FM 78 and a proposed by-pass route. JIIP-1,o Police Chief Schoonover stated Patrolman Mosher who submitted a letter of resignation effective June 2 has requested reinstatement. The need of an additional patrolman exists F at this time. Mr. Graham made motion that the Police Dept. be authorized to reinstate ,)7-7~ Patrolman Mosher effective June 16, 1972 at the salary in effect at time of resignation. Budget items were di-scuseed and finalization of budget set for the meeting of June 22. Mr. Chambless made announcement that the Little League Bronco tournament will be held in Schertz the last week in July and the first week in August. Meeting adjourned at 10:40 PM. APPROVED: ~czJaA-~ Mayor' ATTEST: .trfd C. ~J-v' City Secretary MINUmS OF THE M1<:ETING OF THE CITY COUNCIL. CITY OF SCHERTZ, TBXAS HELD ON JUNE 22, 1972 The regular meeting of the city council convened with Councilman Hugh G. Sandifer presiding. Councilmen in attendance included Mr. Leon R. Chambless, Mr. Robert ~. Schwartz and ~~. Jesse W. Graham. Absent were Mayor Roy W. Richard and Councilman Raymond G. Koym. Minutes of the meeting of June IS were read and approved with the exception that item relating to reinstatement of Patrolman Mosher did not contain a second of the motion or recording of the vote. Minutes were corrected to read, "motion seconded by Mr. Chambless and voted on unanimously." }tr. Ken Rice appeared before the council to discuss plans for construction of a mobile home park on nr IS18. Mr. Rice was informed that actions taken during the past few weeks has set certain precedents to be applied to mobile oark developments. These precedents include: (a) requirement for underground utilities (b) individual metering of water connections (c) standard installation of sewage wit~ line size to be determined by city engineer (d) a minimum of 28' width in street construction within the park (e) agreement that street maintenance ip to be the responsibility of the mobile park OTNner. Mr. Rice stated that his proposed park development is rated (four) or (n ve) un(ler the Woodall rating and would contain recreational areas to include a swimming pool and clubhouse facility. A variance to the subdivision ordinance was discussed for Deerhaven III and Oak Forest subdivisions. Mr. Rubin Beck indicated deed restrictions for Deerhaven III require a minimum of 1800' heated area in home construction. Motion was made by Mr. Schwartz to grant a 1\~;1~ 1 ] f3 varip.nce to Deerhaven III allowing discontinuance of the requirement for sidewalks where minimum lot size is 25.000 square feet or larger. Motion was seconded by Mr. Grhham and vote was unanimous. ~~esolution 1022 was read and motion made by Mr. Graham to approve ~ to the motion was ma~e by Mr. Schwartz and voted on unanimously. ~ the resolu+ion. Second Resolution 1022 follows: r- A R~SOllJTION D~CLARING THS RP;QPI~~W FOR A DRI>.INAG~ DITCH AND APPROVING CO~lD~ATION ACTION TO BE TAKEN FOR TffIi: ACQTTISITION OF PROP~RTY. WH?R~S. the City of Schertz held a bond election in October 1971 for the purpose of constructing a drainage ditch from the vicinity of FM 78 to the Cibolo Creek for the purpose of diverting the flow of water collected from streets being paved under Urban Renewal Project number R-112 and, TNH~R~S. efforts made on behalf of the city to acquire the necessary property for construction of such drainaGe canal have not been consumated and undue delay in construction has resulted, NmV'. TH4:RF:FOR~. BF. IT ORDAIWID BY THF. CITY COUNCIL. City of Schertz, Texas that: The City Attorney be Granted the authority to proceed with condemnation of said property as outlined by the City Engineer as being the property most suitable for such drainage canal construction and that said condemnation action be taken at the earliest date possible in the best public interest. ATTF.ST: sltl Robert C. Bueker City Secretary (CITY SF.AL) Resolution # 1022 APPRO~: s/t/ Rov W. Richard Mayor ... ~~esolution # 102) Motion was made by Mr. Scm~artz not to accept the resolution which I organizes the inter-city Youtb Association and requested contribution by the city for ~ its support. Mr. Graham seconded the motion and vote was: Ayes (2); Noes (1) Chambless. ~ Mr. Sandifer voted in favor of the motion, providing majority required. Specifications for a str~et sweeper were discussed with the City Engineer. Specifications were to be readied on June 23 to meet publication deadline of June 29. Motion was made by Mr. Chambless that authority be given for the purchase of a vibrating ~ol~er at a cost of $750.00 an~ an air ~ompres?or at a cost of $1,650.00 from Rutledge ~E~ulpment Co. for use by the clty. Equlpment ~s used. An air hammer and spade will be ~ purchased separately. Motion was seconded by Mr. Schwartz and voted upon: Ayes (2); ~ Abstain (1) Mr. Graham. Mr. Sandifer voted in favor of the motion to provide required majority. The creation of a financial burden upon a limited number of fixed-income residents as a result of the garbage franchise ordinance was discussed and referred.to the Welfare Department for investigation. City Administrptor discussed the low permit fees existing for electrical work performed in the city. Current fee rates do not cover the costs incurred by the city inspection system. A proposal for new fees will be presented at the next council meeting. City Budget was finalized and motion made by Mr. Chambless to accept a budget of ~$361.076.11. a construction fund of $23,437.65 and a Reserve Fund of $16,800.00 for ~ a total of $401.31).76. Revenues were based on income derived from all city resources ~ of $357.699.76 and $4),614.00 from increased water rates based on an overall increase \ in water rates of 21~. Mr. Graham seconded the motion and vote was unanimous. ~otion was made by Mr. Graham that the subdivision ordinance be amended to exclude the ~ roll curb from the ordinance as being unpractical for street sweeper operation. Mr. ~ Chambless seconded the motion and vote was unanimous. Meeting adjourned at 12:25 a.m. ATTEST: City Secretary APPROVED Acting Mayor Pro-Tem l1U MINU1'H.:S OF T~ h"-';';dNG OF TH8 CI'T'Y GOUNCIL, CITY OF SCHERTZ, T~XAS H~LD ON JUNt;; 29, 1972 The regular meeting of the City Council convened at 7:35 p.m. in City Hall at the direction of Mayor Roy W. Richard. Aldermen in attendance were Mr. Leon R. Chambless, Mr. Raymond G. Koym, Mr. Jesse W. Graham and Mr. Hugh G. Sandifer. Absent was Mr. Robert B. Schwartz. Minutes of the meeting of June 15 were read and approved with the change that second to the motion to rehire Patrolman was made by Mr. Schwartz vice y~. Chambless. Councilman Sandifer urger consideration be given to city cleanup. Problem was posed on legality of enforcing resident care of alleys. City Administrator was instructed to obtain a ruling by the city attorney on the feasibility of abandoning alleys. Pbblic Hearing on the budget was set for IO:OO a.m. July 18. ~,1~ I~ read and approved following motion by Mr. Chamhless, second by :t-'Ir. unanimously. Ordinance # 258 fo:lows: Ordinance * 258 was Graham and voted on ~,' ORDINANCE # 258 AN ORDINANCF: AUTHORIZING THti; YlAYOR AND CITY Sti;CR><;T ARY TO SIGN THE A'T'T.ACHED AGRBr;;MENT MARK4:D "A'T'TACHMH::NT A" FOR THE PURPOSE OF RESOLVING t;;XTRA T41tRITORIAL JURISDICTION LThH:S BET"WEt;;N THE CITIliS OF CIBOLO. TEXAS AND SCHERTZ. TEXAS. 1MBRH:AS, the extra territorial jurisdiction boundaries of the cities of Cibolo and Schertz, Texas are not serving the best interests of the two cities. ~~REASt it is the desire of the City Council of the City of Schertz to have clearly defined boundaries and to execute same with Cibolo. Texas under the authority of Article 970A Vernon's Annotated Texas Statutes also kno~m as the Municipal Annexation Act. ffi 1'1"' ORDAINH:D BY THE CITY COUNCIL OF THE CPY OF SCJi"EP.TZ, TEXAS: The Mayor and City Secretary of the City of Schertz, Texas are hereby authorized to sign the attached agreement marked Attachment A for purnoses of bindin~ the City of S~hertz, Texas to said agreemPnt redesignating extra-territorial-jurisdiction with the city of Cibolo, Texi'.lS under the authority of Article 970A, Vernon's Annotated Texas Statutes, also known as the Municipal Annexation Act. Upon the signing of such agreement by the Mayor and City Secretary such agreement shall be binding on the City of Schertz, Texas. PASSti;D AND APPROVH~D on this the 29th day of June, 1972. ATTEST :s It. I Rnhert. r.. 811Pk-",r t , Ci ty Secretary (CITY Sti;AL) APPROVED: s/t/ Rov W. Richard Mayor ATTACHl-1BNT "A" AGR~EIJ1r;;NT D"irWRti;N T1{4; CITIES OF eIBOLO. 'J'l':XAS AND SCHERTZ, TH;XAS RELINQUISHING EXTRATERRI- TORI~L ~JRISDICTION. ~rcw ALL MRN BY 'T'~SE PRESENTS: That the City of Cibolo, Texas and the City of ~ Schertz, Texas for the purpose of establishing a new extra-territorial jurisdiction boundary between the two cities do hereby consent to this agreement and uphold the following metes and bounds description as the new common boundary of each respective city's extra-territorial jurisdiction at the geographical locations included in sllch descriptions which are as follows: 1 20 J3l':GINNING at a point in the south ROW line of Fl-1 78 and the present extra.-territorial jurisdiction line of the City of Schertz; T~NCt':, westerly along the south ROW line of FM 78 to the certerline of Dietz Cree k ; TH4;N~, southerly, follo"Hing the centerline of Dietz Creek to the intersection 1 of Cibolo Creek; THBN~, easterly, liLth the centerline of Cibolo Creek dOl~stream to.a point in the present extra territorial jurisdiction boundary between the cit.ies of Cibolo and Schertz, Texas. Such metes and bounds include a separation of the Harry Bligh property at Dietz Creek. To prevent any hardship that may accrue to this property o~mer as a result of aforementioned metes and bounds, it is hereby agreed that zoning accorded by the City of Schertz to the Harry Bligh property located west of Dietz Creek and south of FM 78 will be accorded like zoning by the City of Cibolo within 60 days of zoning by the City of Schertz. i1herefore the respective Mayors and City Secretaries of the cities of Cibolo and Schertz, Texas hereunto have affixed their seals and signatures after auttorization having been duly obtained by ordinance from their res?ective City Councils, this agreement ther~- fore being executed in the City of Ci~olo, Texas on the day of ,1972; and this agreement also being executed in the City of Schertz, Texas on the 29th day of June. 1972. Cibolo, Texas Schertz. Texas Mayor Ma ';or City Secretary City Secretary 5..1~ l'^ Ordin;:lTIce and voted (CITY S~AL) (CITY S><;AL) # 263 was read and approved following motion by Mr. Graham. second by Mr. Sandifer on trrl animo us ly . Ordinance 1/: 263 follows: ORDINANCE # 263 ORDINAN~ AmNDING ffiRTAIN PROVISION OF TW<: SUBDIVISION ORDINANCE #: 140 OF THE CITY OF SCH~RTZ, GUADAllJPE COUNTY, TEXAS B><; IT ORDAINED BY THE CITY OF scmmrz. T~XAS that: I. Exhibit A. Section B. Subparagraph 3(f): SPECIFICATIONS AND DESIGN STANDARDS FOR PUBLIC WORKS IMPROVBME:t\lTS I; Section B - Streets. Allevs. and. Sidewalks: Subparagraph 3 - Construction Requirements. f. Curbs, Curb and Gutters of the CITY OF SCHERTZ SUBDIVISION ORDINANC><; # 140 be amended to include: EXHIBIT "A" SP;;;CIFICATIONS AND DESIGN STANDARDS FOR PURLIC TtlORKS IMPROVEMENTS. B. Streets. Alleys. and Sidewalks 3. Construction Requirements f. Curbs, Curb and Gutters - "Roll curbs, slant curbs, or other type curb. construction T.Nhich impedes street sweeper operation is ?rohibited." II. All ordinances and parts of ordinances in conflict herewith are herewith repealed. PASS~ A:t\m APPROVP:D this the 29th day of June. 1972. sit/ Rov W. Richard Mayor I l_ ATTY:ST: s/t/ Robert C. Bueker n\ City Secretary Vi ~ If"' II),; Ordinance # 264 was read and approved follQwing motion by Mr. Koym and voted on unanimously.' Ordinance ~ 20q follows, Chambless, second by Mr. ORDnJAN~ it 264 AN ORDINANCS Al1P:NDING THB RIJ~crRICAL CODE, CITY OF SOORTZ, TEXAS. B~ IT ORDA1N':';D BY 'T'HE CITY COUNCIL, CITY OF SCHERTZ. TEXAS: 121 That the Electrical Code of the City of Schertz, Texas, be and is hereby amended so that same does and shall hereafter read: IV. Licensing of Electricians: Subsection (g) An initial license fee of $35.00 shall be paid to the City Secretary. Each year thereafter on or before the lOth day of January, each licensee shall pay to the City Secretary" an annual license fee in the amount of $15.00. Failure to p;cy the ~mnual license renewal fee before due date shall automatically suspend the license. Payment of the annual license fee, plus a 101S penalty shall remove such susoension. VII. Inspecation Fees: Subsection (a) At the time any pArmit is issued for a job ,,;hich ..rill be inspected .by the City's "Rlectrical Insnector, the City Secretary shall first be paid an inspection fee, according to the fol101ving schedul e: Ninimum~)ermi t Fee - - - - - - - - - Apartment Unit (new) - - - - - - - - Single Family Residence (new) - - - - - - Commercial (nAw, less than 2,500 sq. ft.) - - - - Commercial (nel'l, 2,500 - 6,000 sq. ft.) - - - - - Commercial (neT,., >),000 - 20,000 sq. ft.) - - - - - Commercial (new, over 20,000 sq. ft.) - - - - - - X. Repeal of Conflictin~ Ordinances: a. All Ordinances or ;)arts of Ordinances in conflict herewith are hereby repealed. . APPROVRD: s/t/ Roy li. Richard ATTEST: s/t/ Robert C. Bueker Mayor City Secretary (CITY SEAL) - $ 5.00 8.00 12.00 25.00 40.00 60.00 \ 100.00 The City Administrator was instructed to review the cost basis for city building permits and to make recommendation to the council for their consideration. A contract proposal from M.E. Allison & Co. Inc., San Antonio to act as financial advisors to the city waS read and approved for a one year period following motion by Mr. Sandifer~ ~ second by Hr. Koym and voted on unanimously. 1~.r7-v Mr. Riedel appeared before the council to request authorization to :)roceed with reversing the flow of the sewage collection system within the Riedel Trailer park as indicated by previous council action. City Administrator was instructed t.o present a proposal at the next council meeting on the best means of financing such const.ruction. Hr. Riedel further rna:ie a statemfmt that he would be willing to sell a metal fabricated buil:iing consistine of S.ono square feet located on Wuest st. (between Drug store and old Riedel Furniture store) to the city for a price of $35,000 at 7t~ interest o\~r a 3-year period. With consumation of sl1ch sale. he is Hilling to petition for annexation of his present furniture store and surrounding property into the city limits, stating an addit ional building C _ ,,,Tonld be built on the current property. Coun61 members will study the proposal and give opinions next week. A letter from the State Highway Department authorizing municipalities to enforce the Texas Highway Beautification Act - Outdoor Advertising Siggs within the corporate city limits was discussed. The Conncil ruled against the city accepting responsibility for permit authori- zations and law enforcement of the act. Letter \vill be forwarded the Highway Department. The City Administrator was askAd to explore ways of informing council members of background on agenda items prior to council meetings as a means of shorteni;ng council meetings and perhaps lessening the number of m~etings per month. '.'. \ Dra ft .fIr 2 of the Randolph Thoroughfare Plan wa s discussed in detail. Council members expressed dissatisfaction with several portions of th, draft and requested City Administrator 1')') ~~... to forward a letter to Cason & Associ3tes outlining areas of disagreement and omissio~s in the report. A letter from the Steer2ng Committee studying the feasibility of Harre Rule Charter was read. A public hearing has been scheduled for July 10. Actions required prior to this date will be taken by the City Administrator to inform the public. Mr. Ch~mbless stated the Jaycees are not orogressing satisfactorily with Mr. VonScheele on acquiring park land off FM )009 for construction of a Pony League field and they desire to either build in the city park or consult ~nth the City of Cibolo for space. It was recommended representatives of their organization be present at the next council meeting. Council members expressed dissatisfaction with current enr,ineering progress on city acti- vities and desired to explore the possibility of acquiring other services. Mr. Cross, City ~ngineer. was not present at the meeting and was unable to confer with the council. Further action will be taken at a later meeting. Mayor Richard addressed the council requesting that July 5, 1972 be accepted as the date of his resignation from office. Personal reasons were cited. Meeting adjourned at 9:45 p.m. AT'RST: Jff~ City Secretary . APPRO~D: ~~. - :L~ Mayor ' MINUTES OF 'mE MEETING OF TIlE CITY OOUNCIL, CITY OF SCHERTZ, TEXAS HELD ON JULY 3, 1972 A special meeting of the City Council was held on July 3, 1972 at 7:30 PM in the City Hall. The Following members were present: Mr. Leon Chambless, Jesse W. Graham, Robert E. Schwartz, and Raymond G. Koym. Absent was Mr. Hugh G. Sandifer. The setting of an election for the office of Mayor was discussed. Action was tabled and another meeting scheduled for 10:00 AM July 5, 1972 for determination of alternate solu- tions. Meeting adjourned at 8:30 PM. ATTEST: &1~e ~ City Secretary APPro/ / ~ f.~ ~f(~vvL Mayo~o Tem ~ MINUTES OF 'mE MEETING OF 'mE CITY OOUNCIL, CITY OF SCHERTZ, TEXAS, HELD ON JULY 5, 1972 A special meeting of the City Council was held on July 5, 1972 at 10:00 AM in the City Hall. The following councilmen were present: Mr. Leon Chambless, Mr. Robert E. Schwartz, Jesse W. Graham, and Raymond G. Koym, Absent was Mr. Hugh G. Sandifer. ~ ~A motion to appoint a mayor from the City Council ~o fill the unexpired term until the Snext General Election was made by Mr. Chambless and seconded by Mr. Schwartz. The vote ~ was unanimous. ~ motion to appoint Jesse Graham as Mayor following the resignition of Mayor Roy W. ~ Richard was made by Mr. Chambless. A second was made by Mr. Schwartz. The vote was: ~ 1')') ~d Ayes (3); Abstain (1) Mr. Graham. Mr. Graham will take office effective July 20, 1972. A motion was made by Mr. Schwartz and seconded by Mr. Graham to take money from the Jjb,r~ Waterworks fund to pay for sewer relocation projection in Riedel's Trailer Park and re- place the money from revenues acquired from tr.iler park sewer revenues. The vote to do this was unanimous. The discussion of the purchase of the Elbel property was tabled until the July 20th meeting. The purchase of Riedel's Furniture Store Warehouse located on Wuest St. was discussed. Purchase price was agreeable, but decision to purchase was not favorable because the 1~ location of the warehouse was not compatible with location of city maintenance park I~I~ facilities if the Elbel property is purchased. A motion not to buy the warehouse was made by Mr. Schwartz, seconded by Mr. Graham and vote was unanimous. City Secretary was asked to write a letter to Mr. Riedel stating reasons for the Council's decision. The meeting adjourned at 11:15 PM. ATTEST: '7 / /i;:t;/vt C'~ ~&--/ City Secretary .~-- J ~~ MINUTES OF THE MEETING OF THE CITY COUNCIL, CITY OF SCHERTZ, TEXAS HELD ON JULY 6, 1972 A special meeting of the City Council was held on Thursday, July 6, 1972 at 6:30 PM in the City Hall. Councilmen present were Raymond G. Koym, Jesse W. Graham, and Hugh G. Sandifer, and Leon R. Chambless. Mr. Jim Chaney of the Jaycee's and Mr. Richard Nagle of the Tri-City League were present to discuss the construction of a Pony League Baseball Diamond in the City Park. Mr. 1~ Graham motioned and Mr. Sandifer seconded that the northwest field be made into an I~;;"^ athletic field complex to include a regulation pony field. The motion carried. The Jaycee's will present an agreement to the City Council and to Attorney Saegert before signatures are made. The meeting adjourned at 7:00 PM. ATTEST: 7 . A:L./ (~ ~~'--" City Secretary ~PP D: '::'::t-~d c~_ .,f.iK~ aY~6ro-Tem ~ MINUTES OF THE MEETING OF THE CITY COUNCIL, CITY OF SCHERTZ, TEXAS, HELD ON JULY 17, 1972 124 A special meeting of the City Council convened at the direction of Mayor Pro Tern Raymond G. Koym at 8:30 PM in the City Hall. Councilmen in attendance were Mr. Jesse W. Graham,-' Mr. Leon R. Chambless, Mr. Robert E. Schwartz and Mr. Hugh G. Sandifer. Discussion was held on a five-day absence from official duties without authorization by Patrolman Mosher from July 12-16. Motion was made by Mr. Schwartz that the five days work loss be restored to the city without pay, that an additional five days work be performed by Patrolman Mosher as personal payment to other employees of the Police Depart- ~ment for hardships incurred by h~s act, that a letter of reprimand be written by the Chief . of Police for inclusion in personal files, and that any repeat violation by Patrolman ;? Mosher be regarded as automatic dismissal from the Police Force. Mr. Chambless seconded , the motion. Vote was Ayes (3), Noes (I) Mr. Chambless. Meeting adjou~ned at 9:15 PM. A TTES t; ;"/.r;;{~~/v' City Secretary VE . x::. .AA ro~A',V-- MINUTES OF THE ~TING OF THE CITY COUNCIL, cr TY OF SCHl<:RTZ. TBXAS HELD ON JULY 20. 1972 The regular meeting of the City Council convened at the direction of Mayor Pro-Tem Raymond G. Koym at 7:30 p.m. in City Hall. Councilmen in attendance included Mr. Leon R. Chambless. Mr. Robert E. Schwartz, }~. Hugh G. Sandifer and Mr. Jesse W. Graham. r Minutes of the meeting held on June 29, 1972 were read and approved with the exception of item 2 which is to be changed from "rehire Patrolman" to rehire Patrolman Mosher." Minutes of the meetings held on July J. July 5 were read without change and approved. Minutes of July 6 were read and correction noted on use of baseball field by Jaycees to include the use of field by "Pop Warner" football and baseball field use for age groups 11-14 years. Minutes of July 17 were read and approved with following exception "Noes (I) Mr. Chambless" is changed to read "Noes (I) Mr. Graham." CounCilman Schwartz voiced objection to the minutes of July 6 relating to the Tri-City Association use of the northwest base~al1arield on the grounds that Mr. Graham's vote as a member of the Tri-City Board was not valid. City Attorney stated membership on a non-profit organizational board did not constitute a withdrawal of voting rights. Mayor Pro-Tem Koym at this point stepped down from the Chairmanship, relinquishing the floor to Go~ncilman Graham for the purpose of administering oath of office as Mayor of the City of Schertz to Councilroan"Graham by the City Secretary. Oath of Office was taken and Mayor Jesse W. Graham assumed control of the meeting. Mayor Graham explained the functions of the Randolph AFB Social Actions Group and the ~assistance they can provide to surrounding com~unities. Current project is preparing ~ the base for eventual blacktopping of the Fire Department grounds. Mr. Schwartz ~ motioned that the Mayor be allowed to accept the assistance offered by the Social Actions Group. Second by Mr. Sandifer. Vote was unanimous. City Attorney had been asked by letter to orepare an orminance to close alleys. City Council was lnformed that alleys cannot be' closed by ordinance but that under provis~ons of Home Rule Charter, provision can be made for abandoning alleys without the consent of adjoining property owners. Provision will be made for inclusion of this item in the charter writing. Purchase of the Elbel property on Live Oak Road, as previously discussed, was tabled pending the return of John Schaefer and his decision to make land behind the Elbel property available to the city. 1 ..~ .., ..:. ,) City Council was brought up to date on progress of the Traffic Thoroughfare study and forrTI<ltion of a committee organized to study FM 78 widening and bypass routes. The commH.tee will conduct a meeting on July 21 and report findings prior to a July 26 deailine date for submission to Cason and Associates. A letter of resignation submitted by Ralph R. Ikels, members of the Board of Commissioners, Urban Renewal Agency, dated July 10 was read and accepted following motion by Mr. san~~r, second by Mr. Koym and unanimous vote of the council. J - ~ Appointment of Oscar Kramer to fill the vacancy created by Mr. Ikels was approved after'l~_ unanl"mous vote of the council. '~-/~ motion by Mr. Koym, second of Mr. Chambless and - A request from the Fire Department for installation of mercury lights on the Fire Station grounds was discussed and motion made by Mr. Chambless to have three lights installed/~7-7~ on the basis that two of the lights would be at no cost to the city. Second was made by Mr. Sandifer and vote was: Ayes ()); Abstain (1) Mr. Schwartz. ~ir. Forrest L. R. Wessling, Mr. Sherlon Russell and Mr. Ricks O. Speaks, nonimated for appointment as members of the Citizens Advisory Committee, were approved following motion by Mr. Chambless, second by Mr. Sandifer and voted on unanimously. 13S-'7~ Mayor Graham briefed the council on the appointment of a committee comrosed of Mr. Bueker, Mr. Willbanks, Mr. Schertz and }IT. Schlaetter to make arrangements for an appre- ciation dinner for past Mayor Richard. General agreement was voiced by the council to proceed with arrangements. Hiring of a new City Engineer was discussed. Mr. Chambless cited the ne~d for replacement and City ~ngin~er Cross indicated the need does exist to hire an engineer capable of giving more time to city requirements. A cOlmnittee composed of Councilman Chambless, Sandifer and Mayor Graham was aopointed to interview and make recommendations for the hire of a new engineer. Mr. Cross will complete existing contracts and expressed a willingness to provide assistance until a reolacement is secured. Minu.tes of the Zoning and Planning Commission meeting of July 12 were read and ap?roved. ')) Recommendation for zoming of the remainder of Dr. Richard's property on Live Oak Road and ~ Curtiss Ave to C-l was approved following motion by l1r. Cho.mbless, se cond by Mr. Koym an%'" voted on: Ayes ()), Abstain (1) Mr. Schwartz. Provision was made that a privacy fence \ be constructed between the commercial area and adjoining residential areas prior to commercial development. An application for electrical licensing by Hr. Claude HcConnell of Seguin, Tx was dissaprove on the basis of insufficient qualifications and lack of inspection of quality of work rf~ performed. Motion to dissaprove the application was made by Mr. Schwartz, sec::lnded bY/I/-C~ Mr. Koym and voted on unanimously. A letter from the Steering Committee Chairman on Home Rule Charter was read and the /~/-7~ findings of the committee to proceed with an election was adopted. Mr. Sandifer motioned an election be scheduled on September 9, 1972. Mr. Koym seconded and vote was unanimous. Mr. VonScheele presented proposals to the council for construction of drainage channels that would alleviate current problems on Dietz Creek in the vicinity of the northern terminus of Live Oak Road. City Engineer, Mr. Cross, estimated completion of work on the proposed northern ditch to be $20,000 for bridge and culvert work and $70,000 for excavation An amount in excess of $60,000 will be required for land acquisition. N9te was made of $80,000 in available fu.nds from the October 1971 bond issue. Mr. Schwartz motioned the city proc~ed to the extent of available funding on the north ditch project and to reestablis1 contact with the Corps of 4;ngineers for emergency flood contr91)assistance. Second to the motion was made by Mr. Koym and vote was: Ayes \.3), opposed ,1 Hr. Chambless. IJ/-~~rli.... ~ 96 Drainage across Live Oak Road was also discuEsed with relationship to the crossing .. kJ of Nell Deane Ave. across the dra inage agea. Problems exist in acquiring right_ of way at the turn of Live Oak Road and across the Hoover Edwards tract where Nell Deane enters. Mr. VonScheele was requ~sted to provide the City Administrator with a copy of his proposals to allow negotiation by the city with Mr. Sdwards. Mr. Edwards is to be invited to the next council m~eting. ~~~dinance # 265 Was read and approved following motion by Mr. Schwartz, second by Mr. ~ Sandifer and voted on unanimously. Ordinance # 265 follows: ORDllJANCE 265 LSVYING TAXES FOR THE YEAR 1972 WH~REAS, the City Cogncil of the City of Schertz, Texas, has not passed and adopted an ordinance levying annual taxes for the year 1972, and it now considers it necessary and desirable, at the present time, to pass such ordinance levying ad valorem taxes on all taxable property in the City of Schertz, for the year 1972, and :~REAS, this City Council, after due consideration, finds and determines that to pay the operating expenses of the City which ~~ll accrue for the ensuing year, herein referred to as the tax levy for General Fund purposes, that a tax of and at the rate of eighty-three (p.8)) cents on each one hundred dollars ($100.:10) assessed_ valuation Of all taxable property in the City should be levied for the year 1972; and that to pay the interest on and to create the necessary sinking fund on the $)<'11,000 CITY OF SCHERTZ SINKING TIJND S~R SYST~ BONDS, SSR~S 1962, dated June 1, 1962, heretofore authorized by an ordinance passed and adopted on t~is day, that a tax of and at the rate of seventeen (0.17) cents on each one hundred ($100.00) dollars assessed valuation of all taxable property in the City should be levied for the year 1972, thereby making a total ad valorem tax levied for the year 1972, of and at the rate of one dollar {$1.00) on each one hundred dollars ($100.00) assessed valuation of all taxable property in the City of Schertz, Texas; NOH, THER~FOR~, Bt<; IT ORDAHRD BY THT<.: CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I That, for the General Fund purposes of the City of Schertz, Texas, there shall be, and there is hereby levied, a tax of and at the rate of eighty-three (~.8)) cents on each one hundred dollars ($100.00) assessed valuation of all taxable property in. the City of Sc~ertz, Texas for the year 1972. II. That, to pay the interest on and to provide the necessary sinking fund on the issue of $)01,0"0 CITY OF SCHSRTZ SEHER SYST~ BONDS, SERP'..s 1962, dated June 1, 1962, ther~ shall be. and there is hereby levied on each one hundred dollars ($100.00) assessed valuation of all taxable property in the City of Schertz, Texas for the yep,r 1972 a tax of and at the rate of seventeen (0.17) cents. III That the total tax hereby levied on each on~ hundred dollars ($100.00) assessed valuation of all taxable property in the City of Schertz. Texas, for the year 1972 shall be of and at the rate of one dollar ($1.00), of which a tax of and at the rate of eighty_ three (0.8)) cents, aforesaid, shall be and is hereby levied for General Fund purposes of said City, and of which, a tax of and at the rate of seventeen (0.17) cents, as aforesaid, sh211 be and is hereby levied for interest and sinking fund pupposes, and said taxes hereby levied shall be applied to the pur noses named. PASSED, _~J.IDOPT1ID AND APPROVED this 20th day of July, 1972. s/t/ Jesse W. Graham. Mayor ATT~ST: s/t/ Robert C. Bueker. City Secretary (CITY ST<.:AL) A letter from Urban Renewal Agency was read outlining a response from HUD reGarrii1g~) 7 rezoning a portion of Hain st. from Randolph Ave. to Live Oak Rond from R-4 to - C-Z. HUD would not allow total rezoning but did allow rezoning of properties on the south side of l1ain st. from a point directly across Hain st. from current C-2 (800 block) zoning ensterly to Live Oak Road. A motion to accept the BUD decision ,..as made by Mr. Koym, 4'?>~ seconded by JfllT. Chambless and voted on unanimously. J A letter concerning sale of Urban Renewal Park lands to the City of Schertz was read and tabled until the July 27 council meeting. Ordinance * 206 was read and approved folloHing motion by loll'. and voted on unanimously. Ordinance if ztJ6 follo~Js: AN ORDINAN~ APPROVING THe;; PRICE: AlID CONDITIONS OF THS SAI,~ BY 'T'Er~ URBAN RSNr.:':1AL AGSNCY OF TH~ CITY OF SC~RTZ OF PROPOS~D PJ\R~L 5105, LOCAT~D HITHIN THS BUFFALO VAlLEY NORTH URBAN R~Nr,;wAL PROJr.:CT, T~X. R-112, TO RAYMOND J. MID ELVIRA A. HILD FOR THr.: SrM OF $),651.00, FOR 25,859.16 SQU AR4; FE~T. l,iH~R-q:AS, the Urban Rf'mewal Agency of the City of Schertz advertised for bids for the sale of certain property available for disposition ilithin itf Buffalo Valley North Project Tex. R-112, in the Valley News an1 the Weekly Herald, all newspapers ,nth a general circulaticn in thin the Ci+.y of Schertz, Guadalupe COllnty, Texas; and ~,rn~R~AS, pursuant to said advertisements, there was a bin submitted by Raymond J. and ~lvira A. Hild for a parcel of r>roperty described as Urban ReneHal Disposition Parcel 51-5, within said Project; and WHER~AS, said bid was accepted by the Board of Commissioners of the Urban EmewCil Agency after the bid opening of April 25, 1972, by a Resolution duly passed on May 8, 1972, and where2S said Resolution authorized sale to the said Raymond J. and Elvira A. Hile and recommended the acceptance and approval of the terms and c:mdi tions of the sale to the City Council; and lrJI{H;R~AS, the afor"'mentioned bid and proposed u?e set forth in said bid and its terms and conditions conform to the Redevelopment Plan for Buffalo Valley North Project Tex. R-112, and conform to the rilan for the development of the City as a whole; NO"r THF.RSFOR~, B"S IT ORDA TNr.:D BY THr.: CITY COUNCIL OF THr.: CITY OF SCHERTZ: l. The price awl conditions of the sale by the Urban Renewal Agency of the City of Schertz of rroposed PArcel 51-5, within its Buffalo Valley North Project Tex. R-112, to Raymond J. and ~lvira A. Hild are hereby approved in accordance with Section 11 of Article 1269L-3, Vernonts Annotated Civil Statutes of Texas. 2. The property to be sold as authorized in Paragraph 1. above is more particn:arly described by field notes attached hereto Bnrl marked as Sxh:iJbit "A" of this Ordinance. ). The consir:1eratton for said sale being $J,65l.nO for 25,859.16 square feet, is alsc hereby a~oroved. 4. The sale by the Urban Renewal Agency is made subject to the restrictions of the Redevelopment Plan for Buffalo Valley North Project, Tex. R-112 as a:)proved and anended and is on file in the Office of the Executive Director. 5. The conditions of the disposition docnments, incluiing the Deed and Contract for Sale of Land for Private Redevelopment, a copy of which is on file in the Office of the Bxecuti ve Director, together ',Ji th this Ordinance are hereby approved. 6. The City Secretary is hereby directed to furnish copies of this Ordinance to the Bxecutive Director of the Urban Rneewal Agency. PASSH:D jI,ND AnpROVSD this 20th day of July, 1972. s/t/ Jesse W. Grnham. Mavor Ijq-1t Koym, second by Mr. Chnkoles~ ATT~ST: s/t/'1Robert C. Bueker. City Secretarv: A 'PROVSD AS TO FORM: s/tl Louis F. Saegert. City Attorney ,4-5-(11) Discussion was held on billing for the Garbage Franchise for both residential and corroner- cial accounts. Motion was made by Mr. Chambless that residential accounts be billed fora full month's service only and discontinuance of service not be allowed for less than one month's service. If termination of service extends beyond )0 days, billing will be based on a full month's service for any :)eriod exceeding 15 days. No billing will be issued for a period of less than 15 days in anyone billing month. Second was ] 28 made by Mr. Koym and vote was unanimous. 'VCommercial billing for garbage was discus"'ed in relation to seasonal requirements. ~ The same policy will apply as for residential billing. Termination o~ service will ~ not be allowed for less than 30 day periods. Motion was made.by Mr. Ko~. second by ~ Mr. Chambless and vote was unanimous to enact the above commercial billing policy and , to set a service charge fee in line with water turn-off fees. Police overtime pay was discussed in relation to additional hours required to be performed ~while a replacement for Patrolman Mosher is found. Motion was made by Mr. Chambless, " seconded by Mr. Koym and voted on unanimously that all officers would be paid an hourly ~ wage for overtime during the next )O-day period to be based on their current base salary ~ with total pay of overtime for the entire department not to exceed $472,50 (the monthly \ salary of Patrolman Mosher). The City Administrator informed the council of decisions reached with Ralph Beck, co- owner of Beck Concrete Co. and his Attorney on the pending condemnation suit for an ease- ~ment theough their property. This easement l-n Tl be used for the south drainage ditch. ~ Settlement price of $1800.00 per acre was agreed with excavated materials from the ditch ~ to be deposited on the F}1 78 frontage property of Beck Concrete Co. Mr. Chambless motioned, ~ Mr. Koym seconded and vote was unanimous to proceed with the purchase of said easement at '\. terms quoted above. Notice was given to the council by a citizen_at_large of a filling of the drainage ditch behind Beck St. with silt. City Administrator will contact the o~mer of the pnoperty for correction of the problem. ~MaYOr Graham requested the council to provide a current audit of city accounts. }~. ( Chambless made the motion that an audit be conducted, Mr. Sandifer seconded and vote was ~ Ayes (2), Noes (1) Mr. Schwartz, Abstain (1) }w. Koym. Mayor Graham voted Aye for majority. \ Motion carried. The vacancy on the City Council created by Mayor Graham vacating the position in favor of his present position was discussed. Mrs. Bobbie L. Koch had expressed her willi~gness to ~ serve in the vacated position. Mayor Graham informed the council that the Texas Municipal ~ l,eague advised against appo~ntment since appointment to the position would st~ip the co un- I cil of all but one councilman at the forthcoming April General Slection. Mr. Koym motioned ~ that the position be filled by election on September 9 to cooincide with the Charter ,~lection. Motion wcs seconded by Mr. Sandifer and vote was: Ayes ()), Abstain (i) }w. Schwartz. Mention was made of the unsightliness along the S. P. RR. A committee has been forrr~d by the Chamber of Commerce and initial contact made with the railroad to beautify the area. City Administrator was asked to confer with the Chamber of Commerce prior to writing to the railroad requesting a cleanup of the trackage. Meeting adjourned at 10:25 p.m. ATT4;ST: tLi f" ~ ci ty Secretary APPROVED: (L_e,: d / ~ Mar' HINUT'<;S OF THS W'.;STING OF THT.; CITY COUNCIL, CITY OF SCHH;RTZ, TSXAS, HSLD ON JULY 2', 1972 The regular meeting of the City Council convened at the direction of Mayor Jeswe W. Graham at 7:)0 p.m. in City Hall. Councilmen in attendance were Mr. Raymond G. Koym, Mr. Leon R. Chambless, Mr. Robert ~. Schwartz and Mr. Hugh G. Sandifer. I. Minutes of the meeting of July 20, HerA read and item 8 of the minutes is changed 1 (~C) to include "The July 10 receipt of the letter o'f resignation from Hr. Ikels could ..... ( not have action taken until appointment to office of Mayor by Jesse W. Graham since the letter of resignation was addressed personally to Hayor Jesse W. Graham.1I Item rr>12ting to the South Drainage Ditch is changed to include, "Mr. Chambless motioned, Mr. Koym seconded and vote wa'" unanimous to 0roceed with the purchase of said easement at termfl quoted above _ _ - - - -and to proceed as early as Dossible after securing required easement rights with the construction of said dra~nage ditch. Bids for a street sweeper were opened by the City Secretary in the presence of bidders and bids read aloud to the city council. Bids were: Plains Machiners --------- Gas,_ Engine $11.872.00 Diesel ~ngine 13.872.00 4 yd capacity 18,463.00 ) yd cap3city 13063.00 demonstrator 16.2)3.00 Diesel extra cost Girard Machinery & Supply--Gas ~ngine 12,844.00 Diesel Engine 14,684.00 After receipt of bids, the council, with the consent of all bi-:lders, requested one week to study bids and award contract. Contract will be awarded at the council meeting of August 3~ Motion to conduct the review was made by Mr. Sandifer, second by Mr. Chambl3f~ and vote was unanimous. 151'" Industrial Disposal Supoly Co. - - - - $3,600.00 A letter from Urban Renewal Agency requesting co~ncil action in determining the scope of park development in the 16-acre parcel being considered for purchase was reviewed and the follNling recommendations made: A five-year de'Telopment of the park facility is planned with the first budget phase scheduled for 1974. With 1974 as the starting year for develop- ment, phms call for restoration of the existinp, building Hithin the park area into a parks administrative office and the remainder for conversion into teen center use---cost of $) ,000. A playground area is also planned on the sout,hern end of the park area in 1974 at a cost of 32,000. Budget estimates for the year 1975 development call for construction of picnic areas, installation of sprink18r system and landscaping ---cost $7,500.00. 1976 development costs will include park lighting, beautification program (additional landscaping, walking paths, monumental decorating), and installation of minor sports activities (shuffle board and b8sketball facilities)----cost $9,0!)0.00. 1977 and 1978 development program will be combined because of magnitude of the program and the requirement to hold a bond issue for financing; programs include a swimming pool, park pavilion and central concession stand and parking areas---cost $)00,000 - $400,0(\0.00 (cost estimates are based on today's values and do not include inflationary cost requirements). Motion was made by Mr. Schwartz, second by Mr.Koym and voted on unanimously to for'.<wrd letter5{l,1JJ to Urban ReneHal Agency outlining the above c)roposal. I Mr. Roland ~lbel, operator of Ol'Bossy store, appeared before the council requesting the entrance to the store ~arking area be left open for the full width of the lot. It was explained that a full opening could not be allowed by the Curb-Cut Ordinance but that two 24' openings could be allowed. Hr. 'i;lbel stated he desired to measure the area to determine if the two openings would suffice for operation of the store before asking for a variance. Subject was tabled until the August J. council meeting. t 53-72" An election order setting the time, ~lace and naming election judge for the vacant council position was read and aryproved follo"ing motion by Mr. Chambless, second by Mr. Sandifer awl voted on unanimously. Ordinance #: 267 calling the election to determine home rule charter commission was read and approved fol101..ring motion by Hr. Koym, second by Hr. Sandifer and voted on unanimously. Ordinance #= 267 folloevs: J ~J/.-7~ AN ORDINP,NCS ORD-:<:RING AN SL~CTION TO D~'TSRl:r'NB "-'Hr,; QPr,;STION: n SHi\LL A COJ.ITIlISSION IlS G:-:OSEN mo FR,Ar.'R A NS'v CRARTSR3" AND IF A l"IAJORITY OF THS VOTSRS AT THS SAID SL~CTION SHA,LL HAVE VO'"'BD IN 'J'HB AFFIR}1jlTIVS, PROVIDING FOR 1-1 CHtR~R COHMI;:-;SION TO ?REPARS A NF:',v CHj,R~R /l.ND FOR A SSCOND SL~CTION mO DE1'SR:1TI-R "~iRR TES CH/l.RT'1;R SO DR.A'JN SHAT L BE fl.DOpmD. B~ IT ORDAIN!D BY THR CITY COUNCIL OF THS CITY OF S CH4;RTZ, GUADALUPE COUNTY, 130 TY;XAS: That an election be held on the 9th day of September, 1972, within said City, submitting to the qualified voters of the City of Schertz, Guadalupe County, Texas, the question "Shall a Commission be Chosen to frame a New Charter?" and that should the majo- rity of the qualified voters voting on said question have voted in the affirmative that a Charter Commission of Fifteen members be electAd from the City at large. The date of said election is the same as the special election for one councilman for the City of Schertz, Guadalupe County, Texas. Said election shall be held by the same officers heretofore apoointed to hold said s~~cial election for City Councilman at the folloHing place FIRH:: STATION That said election shall be held under the provisions of the Constitution and laws of the State of Texas, governing General elections and all persons qualified to vote in said City under the laT.Js of this state regulating general elections shall be allowed to vote. The manner of holrling said election shall be gov~rned Qy the laws of the State of Texas, governing general elections. That the form of Ballot to be used in said election shRll be substantially as follows: C:rrY OF SCHP:RTZ, TT':XAS CHART~R CO~~rrSSION ~L~crION September 9, 1972 INSTRU~IONS: Place an "X" in the square beside the statement indicating the way you wish to vote. FOR AGAINST "SHALL A COMMISS ION B~ GHOSSD TO FRAME A NET.., CHARTBR: INSTRUCTIONS: Provided that a majority of the qualified voters, voting on the above question, shall have voted in the affirmative, there shall be elected a Charter Commission composed of fifteen (15) members. Regardless of whether you have voted "FOR" or "AGAINST", or have not voted at all on the above question, you are entitled to vote for not to exceed fifteen (15) candidates for the Charter I CO!llJ11ission. Vote for the candidates of your choice by placing an "X" in the square beside the candidate's name. If the name of the person of whom the voter wishes to vote is not ~rinted on the ballot, the voter shall write in the name of the 'Jerson for T,Jhom he wishes to vote in the space indicated. T~ TOTAL Nl~SR OF CANDIDATP:S YOU HAVl<; VO~D FOR MUST NOT ~XC81ID FIFI'4;SN (15) CANDIDA~. RE:-Cffii:CK YOUR BALLOT TO MAKE SURS THAT YOU HAVS NOT VOTSD FOR MORE THAN FIF'l'EEN (15) CANDIDA T'*l . FOR CHARTSR COMMISSION~RS: IND4;PENDENT CANDIDATES l..JRITE-IN V UTJ:!.., I. Those desiring to vote for the proposition: "Shall a commission be chosen t1.;J 1 frAme a ne1"'- Charter?" shAll place an "X" in the square beside the statement FOR: and those desiring to vote against the proposition: "Shall a Commission '8e chosen to frame a new Charter?" shall place an "X" in the square beside the staterrent AGAINST. In either event the voter will then vo+,e for a Charter Commission of Fifteen (15) members to serve in case a majority of the voters voting at this electton have voted in the affirmative. Any rerson desiring his name to a9pear on sllch ballot may do so by presenting his application to the Mayor within the time and in the manner provided by the statutes of this state and ordinances of said City and upon his compliance with the applicable statutes of this State and ordinances of this City. Should the voter desire to vote 2gainst any or all of the abo'Ie named persons, he may do so by writing opposite such name the name of the pev'son for \-Jhom he desires to vote, provided that a failure to so nAme a Charter Commission shall not invalidate the vote as to the question "Shall a Comrnission be chosen to frame a ne,,) Charter." ThAt ~ohould a ma jori ty of the qualified voters voting at said election vote in the affirmative as to the question "Shall a Commission be chosen to frame a new Charter?" then after the Charter Commission has completed its work and submitted the new Charter that a second election be held at the date designated by the Charter Commission, in conformity wit~ law, to determine whether the new Charter shall be adopted. A copy of this ordinance sLmed by the }la,-or of the City of Schertz, Guadalupe County Texas, and attested by the Secretary of the City shall serve as a proper notice of the ele ction to be held as herein ordered on the 9th day of Seotember, 1972. The Police Chief is directed to cause notice of said election to be ;Josted at the City Hall and at the other voting places in the said City of Schertz, Texas, for at least thirty (JO) full days prior to the date of the election. The mayor is authorized and directed to have said notice of election published in some net-Tspaper of general circulation published in said City. Passed by a hlo-thirds (2f)) vote of the City Council and approved this the 27th day of July, 1972. sftf Jesse W. Graham, Mayor A'T'T~ST : sftf Robert C. Bueker, Secretary A recommendation by 11rs. iiarlda Koch that the consider the retention of the old Eoch residence located at ~xchange and Live Oak AVes. as a historical building was considered by the council. Favorable reaction was received and motion was made by Mr. Chambless, seconded by Mr. Koym and voted on unanimously to refer the matter to the Planning 15o--7~ Commi,sion with the ultimate desire that citizens be encourage to form a Schertz Histori- cal Society and undertake the Koch residence restoration as an objective. A letter from Mr. Hoyle Osborne, developer of the city's Comprehensive Plan, indicated the project must be terminated short of contract completion as a result of changes in the HUD 701 program. Review of the base studies and community facilities portions of the plan was tabled until the August) meeting at l,~hich time Mr. Osborne 1,-lill be present. Mayor Graham requested a Telephone Credit Card be authorized as a contact Hith City Hall and l,-Jith the City Administrator during off Graham is away from the city. Mr. Sandifer motion, Mr. Chambless unanimous to approve the authorization. means of expediting duty hours \<1hile Nayor seconded and vote w~s 15&'-'12.) v~s. Nell Funk, Chairman, Citizens Advisory Committee, presented the By-Laws of the Schertz Community Fund for review and a 'proval. Mr. Schwartz motioned the By-Laws be accepted with minor changes noted during discllssion and containeo in the city copy: of the By-La'Hs. Mr. Sandifl?r seconded and vote was unanimous. I 57,7:l.J ~lectrical licensing of Rentz ~lectric Co. was aoproved p~nding receipt of surety bond follovling motion by Mr. ChaIl'ble ss, second by }1r. Koym and unanimous vote of the council. 1 5Q, '1:2.1 1 B 2 The committee of Hayor Graham, Councilman Chambless and, Councilman Sandifer, appointed to investigate the hiring or contracting for engineer'ng services for the city reported their findings based on interview with repr~sentatives of three engineering firms. Firms expressing interest were: Pape Dawson, Williard Simpson and Howard Gaddis. The firms of Dawson and Simpson, after interview, declined acceptance of providing engineering services. Mr. Gaddis offered the following prices: rate of $10.00 p~r hour for draftin~ work; $15.00 per hour for engcneering or design work; .\~ $22 .50 per hour for a three-man field crew; Project Work to be based on the standard ;\ TSPC rate schedule for engineering services. A motion to accept Howard Gaddis as ~ the City Engineer under the price terms quoted was mRde by Mr. Chambless, seconded , by ~IT. Koym and voted on unanimously. Mr. Schwartz mentioned problems with Urban Renewal streets and requested the Urban Renewal Director provide the council with a progress report at the next meeting. Mr. Schwartz also mentioned initial contact with the Sprig and Sprout Club indicating he desired to interest them in beautifying the Lone Oak Park with flower and shrub planting and by construction of a small rock wall around the area. Policies regarding garbage pick_up service were discussed and City Administrator was given authority by the council to resolve these problems unless major issues occue which would require council approval prior to enactment. Meeting adjourned at 9:J5 p.m. /1 APPROVSD: ".," . h!;I /J L__-I?~ d~ Mapsr ATT~ST:~ ~ ~ City Secretary MWUTli',s OF THE ME~ING OF THE CITY COUNCIL, CITY OF SCHSRTZ. 'RXAS, HSLD ON AUGUST J, 1972 The regular meeting of the City Council convened at the dir~ction of Mayor Jesse W. GrAham at 7:JO p.m. in City Hall. Aldermen in attendance were: Mr. Raymond G. Koym, Mr. Leon R. Chambless, Mr. Robert E. Schwartz, and Mr. Hugh G. Sandifer. Minutes of the meeting held on July 27 were read and approved without change. ~ ~Discussion was held on the purchase of the Elbel property and the potential use it would ~ serve. It W3S generally agreed that larger acreage than that available in the location ~ of the F,lbel tract would be needed for a city municipal complex at a future date but ~ the ~lbel property would suffice as an interim requirement. Motion was made by Mr. Koym, second by Mr. Chambless and voted on Ayes (J), Noes (1) Mr. Sandifer to purchase the ~lbel property for $22,000.00 with payment to be made over a period of five-years. Mr. Sandifer will organize a committee to investigate available site locations for what Hill become the permanent municipal complex. ~BidS for a street sweeper were reviewed and motion made by Mr. Chambless to award the bid ~ to Plains Machineny of San Antonio for the purchase of a Wayne sweeper equipped as specif~- ~ fied in bid contract ynth gasoline engine at a price of $11,872.00. Second was made by \ Mr. Sandifer and vote was unanimous. ~~. Hoyle Osborne, Planning Consultant, explained reasons why the present BUD 701 contract could not be fulfill ed by the firm of Marmon, Mok & Green. Unfinished portions of ~the ~ contract include the Subdivision and Zoning Ordinances and the Capital Improvements~Plan. ~Mr. Osborne suggested the state is endeavoring to take over the project at the same finan- ~ cial cost figures used by BUD and that the city should write a letter to the Community I Planning Division requesting continuation of the comprehensive if the state funding ~ materializes. Mr. Schwartz motioned, Mr. Chambless seconded and vote was unanimous to ~ have the City Admjnistr'tor write a letter to the state office requesting assistance. A noise pollution resolution passed by Universal City which defines internal combustion engines as a source of pollution was discussed by the council and r8ferred to the 1 :;:3 City Attorney for revievJ. - A petition for annexation of lands lying adjacent to and immediately north of the city park between FM 1518 and Oak st. was read and accepted for anne)-ation proceedings following motion by Mr. Schwartz, second by Mr. Koym and voted on Ayes: (3), Abstain (1) Chambless~~~ Public He2ring was scheduled for 8:)0 a.m., August 14. I" Ordinance # 26, was read and approved following motion by Mr. Chambless, second by Mr. ~J1~ Koym and voted on as follovJs: Ayes (2), Opposed (2) Mr. Sandifer and Mr. Schwartz. liP MAyor Graham cast a vote in favor of adoption. Majority carried. Ordinance 26~ follows: AN ORDDJANCE R-r:;:GUUTTNG TIE SALH: OF HlXED ALCOHOLIC B1\V8RAGH:S JllID B1\SR IN TH4; CITY OF SCf{"R':TZ, GUADALUPE GOUN'T'Y, T4:XAS. Be it ordained by the City Council of the CHy of Schertz, Guadalupe CO'.mty, Texas: (1) The City Council of the City of Schertz, Guadalupe County, Texas does herewith adont the hours <)rescribed for sale of mixed beverages for counties having a pop~l:::tion of Three Hundred Thousand (JOO,OOO) or more as set out in Article 666-?5 of Vernon's P~nal Code of the State of Texas within the corporate limits of said city. (2) The City Council of the City of Schertz, Guadalupe County, Texas does herewith adopt the hours prescribed for sale of beQr for counties havine; a population of Three Hundred Thousand ()OO,OOO) or more within the city limits of said City of Schertz, Texas as provided by Article 667-10 of Vernon's Penal Code of the State of Tex2s. (3) Late hour laws for the sale of mixed beverages and beer as defined in (1) and (2) above are herevnth established as being from 12:00 AM to 2:00 AH on allow- able days of sale. C!,) A permit for late hour operation as contained herein vrill be obtained from the City Secretary prior to any such late hour operation. Any such oermit issued for late hour operation for the sale of mixed beverages or beer may be revoked at any time by the City of Schertz when deemed to be in the best public interes~ APPROVH:D: s/t/ Jesse W. Graham. Mayor ATT'SST: s/t/ Robert C. Bueker. City Secretary Resolution # 102) was approved following readin~ and motion by Mr. Sandifer, second by, ~'1~ Mr. Sch1-Jartz and voted on unanimously. Rpsolution # 102) folloHs: lLP A R'SSOU~TION mCltARING AN 11;}!~RGENCY A}ID AUTHORIZf NG T~ ISEJUMJCE OF A CONTRACT IN RX~SS OF $2,000.00 WITHOUT BID. WHERP;AS, the Volunteer Fire Department of the City of Schertz has, by resolution, de- clared an emergency to effect the hard-surfacinG of the Fire Station frontal property, and 1tJI{'8R?AS, the annual sausage supper held by the Volunteer Fire Department scheduled for Se rltember 16, 197::' is contin:;ent on the paving of this area, and i.VH'4:R~AS, prior contracturCil agreements consummated by the City insured the completion of work in this area prior to September 1972 and the plo.nning for the annual event ~as prenicated on these prior commitments, and HH"m1\AS, the proceeds derived from the annual event are used to defray expenses for the Fire Department which constitutes a public service to the City of Schertz, NOT,v, TH~R~FORE, BE IT R~SOLiJk:D BY THB CITY COUNCIL, CITY OF SCHERTZ, TEXJ3 that: An emergency is hereby declared as prO'Jided in Vernon I s state Statutes, Art. 2)68a, Sec. 2 and that a contract "Jithout bid is hereby authorized to hard-surface a sufficient portion of the fire depar~ment grounds to accommodate the annual sausaEe supper event to be held on September IfJ, 1972. / APPROVF.D: s/t/ Jesse W. Graham, Mayor / ATTBST: s/t/ Robert C. Bueker, 8it.y Secretary /'~' City Att~rney. agreed in the ruling a~_lowable ?y resolution. City Engin'?er reC~::~ded the accepued bld from J. D. Jones, TTnlversal Clty be changed to provide eight in hes of base materinl. Council agreed to the change and approved the contract not to e,:ceed $4,ono. ~' '" ~ Resolution # 1024 was read and motion maMe by ~~. Schwartz for acceptance. Mr. '.9~1 :3~1 ChAmbless seconded the motion and vote was AYES: (3), OPPOSED (1) Hr. Koym. \9 Further discussion followed opposition by Mr. Koym and resulted in the withdrawal \ of the second to the motion by Mr. Chambless and the subsequent withdrawal of the motion bv Mr. Schwartz. Further discussion followed with a new motion made by Mr. "IV Schwartz. that the Zoning Ordinance be amended to accept all annexed properties into ~ the city under the zoning classtfication of R-l. Second was made by Mr. Chambless and ~ vote was unanimous. Recommendation was made that the Zoning and Planning Commission be informed to proceed immediately with an official zoning map for the city. Mr. Fritz, Rusch, Fire Marshall briefed the council on the fire training school at Texas A&M and informed the council of the insurance key rate reduction that results from attendance. Fire Marshall attendance results in a reduction of J%, Marshall and one fireman results in a reduction of ~6, and Marshall and two or more firemen in attendance r~sults in a reduction of 5%. Following the briefing, Mayor Graham, with the consent of the council requested the City Administrator commend the Fire Department in writing on their performance. Police Chief Schoonouer intro~uced Mr. Robert M. Registar as a certified Patrolman he desires to hire AS replacement for Patrolman Mosher. The Mayor, with consent of council, requested Chief Schoonover and Mr. R~gistar appear before the Executive Council session on l\ugust 10. Meeting adjourned at 11:30 p.m. Mayor Graham annolIDced that council meetings, effecti va this date, would be held the 1st and Jd Thursdays of each month at 7:JO p.m. for a trail period of three months and requested the City Administrator publish notice of the change in the Valley News. It was further noted that an Executive Session of the council would be held the 2d Thursday of each month to discuss in depth major issues affecting the city. APPROV'ID. (2VUU/V ~ Mafhr ATT-':;;ST: City Secretary MINtJT!<;S OF T1{1<; }R'STING OF TH1<; CITY COUNCIL, CITY OF SCHERTZ T<:XAS, ID:LD ON AU GUST 10, 1972 A special session of the City Council convened at the direction of Mayor Jesse W. Graham at 10:00 p.m. in City Hall. Councilmen in attendance were: Mr. Raymond G. Koym, Mr. Robe~t ~. Schwartz, Mr. Leon R. Chambless and Mr. Hugh G. Sandifer. Police Chief Schoonover introduced Mr. Robert M. Registar to the council for consideration ~Of hire to fill the position vacated by Patrolman Mosher. Following a review of creden- ~j tials, Councilman Schwartz motioned Mr. Registar be hired effective August 15 at a starting ~ salary of ~472.50 monthly to be evaluated at the end of a 90-day period for promotion to ~ senior patrolman at a salary of $497.50 monthly. Second was made by Councilman Sandifer and vote was unanimous. Meetin~ adjourned at 10:10 p.m. ~PPRO~: (7~ ;J~ MJ:: ATT~~: Ci ty Se cretary lJ5 MINUTES OF THE MEETING OF THE CITY COUNCIL, CITY OF SCHERTZ TEXAS, HELD ON AUGUST 10,1972 An executive session of the City Council was held on August 10,1972 at 7:30 PM in the City Hall. Councilmen in attendance were: Mr. Raymond G. Koym, Mr. Robert E. Schwartz, Mr. Leon R. Chambless and Mr. Hugh G. Sandifer. Mr. Harry Silverman, Project Coordinator for the Randolph Sub-Region Traffic Thoroughfare Study briefed members on finalization of the plan and the requirement for Schertz to solid- ify their position relating to traffic flow east-west through Schertz. He stated the plan contains provision for wither widening of FM 78 or a by-pass route. City Administrator read the findings of the special committee and the three proposals suggested by this group. Dis- cussion was held on a short-by-pass route coming through Rittiman Addition, Church St. and rejoining FM 78 west of Live Oak Road; thereby creating a commercial island between two laneE of traffic moving eastward on the by-pass route and two lanes moving westward on the present FM 78. Additionally, FM 1518 is to be realigned to provide a new bridge connection with Curtiss Ave. and a turn-off lane from FM 78 to an underpass to be aligned with the existing underpass at the S.P. RR tracks. Recommendation to Mr. Silverman by the council was to leaVE the two proposals of FM 78 widening and alternate by-pass route in the plan with the addition that within a period of six-months, positive commitment on which route is to be taken will be forthcoming from the council for insertion in the plan. The time limitation will provide the Chamber of Commerce sufficient review of alternatives and time for their submission of a selected route to the council. The Graham Burris Bavarian Village development was discussed in relation to the construction of the Lone Star Ice House on Pecan and Oak St. Problem exists in having a street cut made on Oak St. to accommodate sewage or to have sewage directed to the west where an extension of the sewage'main northward through Bavarian Village is planned. Letter to Mr. Burris was proposed requesting he prepare and forward a plat, street layout, drainage layout, and water and sewer layout of the project area to Zoning and Planning for consideration prior to is- suance of any permit. Mr. Gaddis, City Engineer, reviewed the subdivision ordinance and noted following changes that should be made: Section 18-2, change to desired reading on alleys to easements. List easements as telephone and electric easements. Make standard location for water on the north side of streets behind the curb line. Section 19-1, have all electric lines located on the north and west side and telephone lines on the south and east sides. The Section relating to fire hydrants should include a shutoff valve on all hydrants. Section on drainage should be reworded to clarify flooding as it affects building permit authorization. Section A - 19 should have water and sewer added to the engineering review and approval. Section 23D(1) should have concrete sewer pipe deleted. Page 21, Para c should have soil cement base delet- ed. Page 26 - street standards should be changed to read 220 1b asphalt and 12" base for major thoroughfare, 190 lb asphalt and 10" base for secondary thoroughfare, and 165 lb as- phalt and 8" base for minor streets. Item 3 of page 26 should have double surface treatment of road surfacing eliminated. Drainage was discussed. Mr. Gaddis was asked to get with Mr. Cross on the Aero St. drain- age bridge requirement and to make additional engineering analysis of carrying total drain- age through the city in the natural flow channel. Mr. Gaddis indicated. initial study re- vealed monies expended for the proposed diversionary canal should be utilized for ~ening the present channel. If the present channel is selected as the route for carrying all drainage, work should he started from the low point to a point at the north end of the high school property. All drainage requirements above that line would be the responsibility of developers. Live Oak Road project was also discussed and dissatisfaction expressed over the lag in con- struction. Mr. Gaddis was asked to get in touch with Mr. Cross on the project to determine the extent of engineering completion. A letter to Mr. Cross was suggested inviting Mr. Cross 136 to the August 17 council meeting and to have available the Austin Paving contract, a set of engineering plans, and a listing of engineering work accomplished to date. Chief Schoonover presented Mr. Robert M. Registar to council members as a Police Patrolman replacement for Patrolman Mosher. Chief Schoonover requested that, if favorable conside- ration was given to the hiring of Mr. Registar, the need for Mr. Registar's services was immediate. Mayor Graham then called for special convened session of the council to con- sider ;the hire of Mr. Registar. Action was completed by special session recorded in the Legal Minutes. Chief Schoonover also indicated the intent of Patrolman Cox to resign from the force for the purpose of enrolling in school full time. Patrolman Cox indicated the desire to con- continue part time on the force if possible. Discussion was against any part-time hire because.of conflict with work schedule for the remainder of the force. Chief Schoonover will begin receiving applications for replacement and will also consider the development of a Police Reserve Force. Limited discussion was held on restoration of the Elbel house for Police Dept. use and the requirement for additional communications service for separate Police Dept. location Chief Schoonover was directed to confer with the City Administrator on the cvuummications problem and determine solutions within budget allocations. A new utilities ordinance was read and the draft generally accepted. This ordinance will be presented for adoption by the council on August 17 The meeting adjourned at 11:00 PM. ATTEST: ~~vi (?, a~ City Secretary APP('j~~~ MaYOr MINUTES OF THE MEETING OF THE CITY COUNCIL, CITYOF SCHERTZ TEXAS, HELD ON AUGUST 14, 1972 A special meeting of the City Council convened on August 14, 1972 at 8:30 AM at the direc- tion of Mayor Jesse Graham for the purpose of holding a Public Hearing on the Annexation of Bavarian Village. Councilmen in attendance were Mr. Raymond G. Koym and Mr. Hugh G. Sandifer. No opposition bo the annexing of Bavarian Village into the City Limits of Schertz was voiced. The meeting adjourned at 9:15 AM. ATT~T: J(~~f c 3-uA~ City Secretary AP7l~;f)~ MaY- MINUTES OF THE MEETING OF THE CITY COUNCIL, CITY OF SCHERTZ, TEXAS, HELD ON AUGUST 17, 1972 1 ~1'7 The regular meeting of the City Council convened at the direction of Mayor Jesse W. Graham at 7:30 PM in the City Hall. Councilmen in attendance were: Mr. Raymond G. Koym, Mr. Robert E. Schwartz, Mr. Leon R. Chambless and Mr. Hugh G. Sandifer. Minutes of the meetings of August 3 and August 10 were read and approved without change. ~ cr~ A late hours permit was auth~ized for the Hangar Lounge effective August 18. Mr. Cham-\W bless motioned the permit be granted with a $50.00 fee to be charged. uMr. Koym seconded the motion and vote was unanimous. Mr. Cross was present for discussion of the Road Improvement Project and the Water Main Project. Mr. Gaddis, City Engineer, was asked if he could take over the projects at this stage. After consultation with Mr. Cross, it was determined the pro1ects could be trans- ferred without undue difficulty. It was recommended that Mr. Gaddis be retained with a fee of eight (8) per cent of bid price for the Road Project and a fee of (10%) for the Water Project and that Mr. Gaddis will credit the city for an amount of $4,321.18 which ~~ will be paid Mr. Cross for services rendered to date. Motion was made by Mr. Chambless~~1 seconded by MR. Koym and voted on unanimously to pay Mr. Cross $4,321.18 for services \ rendered. Ordinance #270 was read and approved following motion by Mr. Chambless, second by Mr.\rl\~1?J Sandifer and voted on unanimously. Ordinance #270 follows: \ AN ORDINANCE GOVERNING THE CITY UTILITIES SYSTEM OF SCHERTZ, TEXAS; PROVIDING FOR THE APPOINTMENT OF A UTILITY SUPERINTENDENT; PROVIDING FOR CONNECTIONS TO WATER MAINS; REGULATING THE USE OF WATER FROM THE CITY UTILITIES DEPARTMENT; PROVIDING FOR SERVICE THROUGH METERS; PRE- SCRIBING REATES, PENALTIES AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION ONE (I): There shall be appointed by the City Council of the City of Schertz, Texas, a Utility Superintendent, who shall be the administrative officer of the Utilities Department, including all engine houses, engines, pumps, reservoirs, stand pipes, elevated tanks, pipelines, hydrants, meters, wrenches, stopcocks, gate valves, fire plugs, testing equipment and all other property and machinery used in or connnected with the Utility Depart- ment. He shall have supervision over all employees engaged in the physical operation of the Utility Department, excluding administrative functions required to support such utility services. He shall make frequent trips of inspection over all pipe lines and all other praperty used in or connected with the Utility Department, and shall make all repairs deemed necessary and consistent with his duties. SECTION TWO (2): He shall also report all violations of this ordinance to the City Council and shall forthwith proceed to have prosecuted offenders as set forth in this Ordinance or any amendment thereof. SECTION THREE (3): He shall also attend to and control the water supply and at all times see the sufficiency thereof, he shall notify the community, unless emergency requires otherwise, of the necessity of shutting off any pipeline for the purposes of making repairs extensions, connections, etc., should he know beforehand the necessity to so shut off the water from any line or lines of the system. ~ECTION FOUR (4): It shall hereafter be unlawful for any person or persons to do, commit or assist in committing any of the following things or acts in the City of Schertz, T exa s : (a) To resort to any fraudulent device or arrangement for the purpose of procuring water for himself or others from private connections on premises contrary to the City regulations or ordinances. (b) To make or permit to be made any connection with the main or service pipes of the ~~8 ! .) Utilities System or to turn on or use the water of said system without first obtaining a permit therefor. (c) To remove any water meter that has been placed by the City, or to in any manner change, interfere with or tamper with any water meter; providing tm t the provisions of this section shall not apply to the employees of the City when acting in their official capa- city. (d) To turn on the water supply to any building or to any supply pipe where the supply has been turned off for the nonpayment of the monthly water charge or for the vio- lation of any rule or ordinance governing the water system. (e) To open or close any fire hydrant or stopcock connected with the utilities system of the City of Schertz, or to lift or remove the covers of any gate valves or shut off thereof, without the permission of the Utility Superintendent, except in case of fire, and then under the direction of officers of the Fire Department. SECTION FIVE (5): It shall be unlawful for any person, firm or corporation to make any connection to the mains of pipes of the utilities system of the City of Schertz, Texas, without first making application to the City, stating fully the several and various uses for which water is wanted, giving the name of the owner of the property, the number of the lot and block, name of the street and house number. Upon the payment of the meter connection fee, the Superintendent, shall make, or have made, the necessary connections and furnish a cast iron locking stop box and curb cock, the cost of which is included in the meter connec- tion fee, and every premise connected with any water main, or being supplied with any water from the city's utilities, shall have a separate service connection, locking curb stop box and curb cock. If the application is approved, a permit shall be issued. All fees, and charges shall be paid for at amounts and rates fixed by this ordinance or resolution of the governing body. SECTION SIX (6): All water distributed to individual customers will be metered. Single metering is authorized for more than one unit of occupancy providing responsibil- ity for payment of all utility services for the single meter billing is assumed by the single property owner. In cases where single metering is to be used for more than single unit occupancy and where one of those occupancy's requires a higher water use than single family residence, a meter sufficient in size to meet total requirements will be required. Size of meter will be determined by the Utility Superintendent at time of request and deposit required will be based on meter size as indicated in resolution attached hereto. Provided where a residence, business establishment, complete apartment, or trailer house is not in reach of a city water main, arrangements may be made, only with the consent and at the option of the City and for which a permit must be obtained from the City Council, to secure water from another user of city water, in which case the minimum monthly charge shall be made for each additional residence taking water through such meter. Each "mini- mum" will entitle user to 3,000 gallons per month. The regular minimum, the additional minimum, and all water used over the minimums by such consumer, shall be charged to the customer having the meter. SECTION SEVEN (7): Each water consumer upon making application for service shall place a minimum twenty dollar ($20.00) water deposit as indicated in Attachment 2 of this ordinance with the City of Schertz, Texas which may be applied to payment of any unpaid or past due bills for water service and, when so used, such consumer shall restore the deposit to its original amount. Any unused portion of such deposit shall be refunded to such consumer upon discontinuance of such customer service. After such water deposit has been on deposit with the City of Schertz for a period of five (5) years, and provided such consumer has not been in default excessively in the payment of bills for water service during such period of time, such deposit shall be refunded to such water consumer. Refunds made under the provisions of this ruling will be made annually as of January 1. SECTION EIGHT (8): A uniform monthly rate shall be charged to all persons, firms, or corporations for the use of city water within the corporate limits of the City of Schertz, Texas, as indicated in Attachment 2 attached hereto. SECTION NINE (9): Charge for tank purchases: Whenever water is purchased by al;J~) consumer other than through a service connection through the mains of the City of Schertz, Texas, and such water is purchased from taps belonging to the City of Schertz, Texas, such consumer shall pay five cents ($0.05) for each 100 gallongs of water purchased. SECTION TEN (10): Not more than one consumer as hereinabove defined in Section Seven (7) shall purchase water through any single meter without the consent of the City Council of the City of Schertz, Texas. SECTION ELEVEN (11): All charges to a consumer for water, sewer, or garbage services or other utility services that may be acquired by the City of Schertz at a future date shall be billed to the customer on one bill. The penalty for failure to pay any portion thereof shall be the same as herein provided for nonpayment of bills for water consumed. SECTION TWELVE (12): Meter connection charges and meter installation and repair: (a) Whenever a prospective user of water from the Cityof Schertz wishes to connect to the city water system such user of water shall pay the City of Schertz, Texas, a connection charge, which shall consist of the cost of all materials and labor used in connection with such connection and placing the water meter box plus 10%. This charge shall apply to all meter connections irrespective of the size of the meter. The water meters installed shall be as prescribed by city specifications. (b) The City of Schertz will keep in repair free of cost all meters that fail to operate properly as a result of normal wear. Current property owners will be charged for meters, boxes, materials damaged or destroyed through negligency and for labor costs incurred in reestabli~ing service. SECTION THIRTEEN (13): No water other than water furnished by the City shall be used in any line to which water is delivered. No unknown water shall be permitted in such line or lines. SECTION FOURTEEN (14): Failure to comply with any of the provisions of this Ordinance shall constitute grounds for discontinuance of service by the City of Schertz. SECTION FIFTEEN (15): The City of Schertz will not guarantee pressure of volume or water in any line except City of Schertz owned lines. SECTION SIXTEEN (16): All charges for utility services furnished or rendered by the City of Schertz or contractors franchised by such city for which the City of Schertz is the billing agent shall be due and payable on th e first day of each monthl at the office of the Utility Department of the City of Schertz, Texas, and if not paid by the 10th day of the following month in which billed 10% of the total amount of such bill shall be added to same as a penalty for nonpayment. Checks issued in payment of utility services that are returned by banking institutuions for reason of insufficient funds shall be reissued to the customer for first offense. Any repetition of insufficient fund checks being issued for payment of utility bills will result in the requirement of cash payment of said utility bill and all subsequent utility bills issed by the Cityof Schertz. Any deviation of this policy will be at the discretion of the Utility Department. SECTION SEVENTEEN (17): Any person who has not paid his account by the 20th day of the month following the month in which billed, shall have his water service discontinued. It is further provided that all delinquent accounts shall be notified by letter at least 5 days in advance of service being discontinued. In the event of discontinuance of service, a reconnection fee shall be charged at the rate of $10.00. Any disconnection that can be cir- cumvented by personal notification will be assessed a penalty of $3.00. Circumstances that may arise which would result in an unfair penalty charge being assessed the consumer will be determined on an individual basis and the findings of the Utility Department will be final. SECTION EIGHTEEN (18): All water furnished by the City Utilities Department to its consumers shall be measured by meters. The size, type and right to own and control all meters installed or used by consumers of its water shall be determined by said City Utili- ties Department, which shall keep all meters owned by it in repair without expense to con- sumer except as herein above provided. SECTION NINETEEN (19): All water that passes through a meter shall be charged for, whether used or not. Should any meter fail to register correctly the amount of water used by a consumer since the previous reading, the right shall exist on the part of any three months' average. Should any user demand a re-read of a meter, he shall deposit $3.00 with the City's Utilities Department. If the re-read shows the meter has been overread, the 140 $3.00 shall be refunded to the user; otherwise the $3.00 shall become the property of the City's Utility Department. Should any consumer demand a meter be tested for accuracy, he shall make deposit commensuiate with labor testing and water use expenses incurred in such testing. If the test shows the meter is registering within the warranty of the meter manufactuer, the deposit shall become the property of the City Utility Department. If the test shows the meter is registering more water than is actually going through the meter, the ~eposit shall be refunded to the usee. Nothing is this section shall be construed as waiving of the payment of bills as provided in this ordinance. SECTION TWENTY (20): No water shall be sold for farm irrigation purposes. SECTION TWENTY-ONE (2l}.: Nothing in this section or any other section of this ordinance or any other ordinance shall be construed to compel the City Utility Department to furnish consumers beyond the corporate limits or to continue such service once begun; and the City Utility Department reserves the right to furnish such customers it deems advisable and to, at any time, wholly or partially discontinue the supply upon violation of any of the terms of this ordinance the same as though such consumer r~sided in the City. SECTION TWENTY-TWO (22): No water shall be furnished consumers beyond the corporate limits of the City unless and until such consumer desiring City water shall furnish the City Utility Department satisfactory evidence that all plumbing, including fixtures and appliances, through which City water is to pass, has been approved by the City Utility Depart- ment representative. SECTION TWENTY-THREE (23): In the event additional plumbing is to be installed on such premises (outside the corporate limits of the City of Schertz, Texas) water service shall be discontinued to such consumer uni~ss such additional plumbing installation have been approved by an authorized representative of the City Utility Department. SECTION TWENTY-FOUR (24): No plumber or any other person, except authorized employ- ees of the City Utility Department, shall turn waternn of off at any city valve without a written permit first being obtained from the City Utilities Department. SECTION TWENTY-FIVE (25): After water is introduced into a building or upon any pre- mises the same shall not be extended by any plumber or any other person to any other pre- mises for additional fixtures except upon consent of the Utility Department. SECTION TWENTY-SIX (26),: Every person taking water from the City Utility Department shall at all reasonable times permit the Utility Superintendent or his agents to enter the premises and building for examination of pipes and fixtures and the manner in which the water is used, and refusal by any consumer shall result in refusal of water supply from the City Utility Department until such permission is granted. SECTION TWENTY-SEVEN (27): The City Utility Department will make all repairs and renewals of service pipes from main to meter, and it shall be unlawful for any other person or persons to repair or renew service pipes from main to the meter. SECTION TWENTY-EIGHT (28): The right is reserved by the City Utility Department to temporarily discontinue and to reconnect without notice water supply to all consumers for the purpose of making repairs, connections, extensions, and cleaning of mains, machinery re- servoir or any part of said City Utility Department. SECTION TWENTY-NINE (29): It shall be unlawful for any plumber or person, other than the tapper employed by the City Utility Department, to tap any main, make connections with mains or extend service pipes from main to meter or to place a stop cock and stop box at that point. All of this equipment shall be under the exclusive control of the City Utility Department, and said tap and service shall be paid for by the plumber or owner ordering the work done before the work is commenced. SECTION THI~TY (30): IF any section, part of section, provisions, sentence phrase or word of this ordinance shall be held to be void, ineffective or unconstitutional for any cause whatsoever it shall in no way affect the validity or the remaining sections and provisions of this ordinance, which shall remain in full force and effect. SECTION THIRTY-ONE (31): All of the provisions of this ordinance shall be deemed to be incorporated in every contract between City Utility Department and its consumer, and each consumer shall be charged with knowledge of the provisions of this ordinance and by applying and accepting water from the City Utility Department to have acceded to the provisions hereof. SECTION THIRTY-TWO (32): If any consumer shall be in debt to the City Utility Depart- ment for water furnished or for leakage or repairs on any account at his then or previous 141 place of consumption, his water shall be cut off by the City Utility Department until pay- ment .in full is made. SECTION THIRTY-THREE (33): Where water service is desired and no mains exist in ad- joining street" or alley, or road from which to make the connection it will be necessary for the applicant to sign a special form of contract and make cash deposit as described herein following; the contract form shall be supplied by the City of Schertz and shall carry at least the following conditions and terms; the cost of the proposed main shall be estimated by the City, and said amount shall be deposited by the applicant with the City at time of the contract. The contract must be signed by the applicant and the Mayor, and attested by the City Secretary and the deposit made before the work can be started. Each size or diameter and length of pipe must be described fully in the contract. Wrought iron or steel pipe shall not be installed for any public water supply of any more than three- inch inside diameter. No size of pipe smaller than two-inch can be issued for water mains under this ordinance. (All mains over 3" diameter shall be of cast iron or transite of such weight and with such type and style of jointing as may be directed by the City Engineer) The City shall have the right to add extensions or branch mains without jeopardizing the contract on any main already laid and in service. SECTION THIRTY-FOUR (34): (A)It shall be unlawful for any person, firm or corporation to take or use water from the system of the City of Schertz except under the terms and con- ditions specified and stipulated in this ordinance. All owners and occupants of property are and shall be prohibited from furnishing water supply to others for any purpose other than specified herein. (B) It shall be unlawful for any person, firm or corporation, to willfully and negligently waste water in any manner whatsoever, and any person having knowledge of any condition whereby water is being wasted shall at once notify the City. SECTION THIRTY-FIVE (35): The refusal or neglect of an owner or occupant to equip and maintain the premises with proper service connections, utilities or fixtures of approved character and quality to prevent waste of water shall be sufficient ground for the refusal of the City to connect the premises with the City Utility Department service or to continue such service after having given notice of intention to shut off the water, pending the ne- cessary correction. SECTION THIRTY-SIX (36): (a) It is and shall be unlawful for any person, firm, or corporation to draw water from any city supply pipes directly into any steam boiler which is equipped for, or arranged for more than fifteen pounds (15) pressure per square inch. All persons, firms or corporations having boilers or closed water heaters supplied with city water are cautioned against the danger of explosion or collapse. The City of Schertz will not be liable for any damages that may occur on account of the water being shut off for any reason or on account of the breaking of any pipe or fixture by pressure of the water from the city mains. (B) Where city water is used to supply a steam boiler (of over fifteen pounds pressure), the owner shall provide a tank of sufficient capacity to afford a supply 01 at least four hours into which the service pipe must be discharged over the top of the tank, and never into the bottoa or .side. SECTION THIRTY-SEVEN (37): Where water service is desired outside the corporate limits, and the City at its discretion agrees to furnish same, and no mains exist in adjoining street alleys or roads from which to make the connection, it will be necessary for the applicant to sign an option form of contract supplied by the City of Schertz and shall carry at least the following conditions and terms: The cost of the proposed main shall be estimated by the City and said amount shall be deposited by the applicant with the City at the time of the contract. The contract must be signed by the applicant and the Mayor and attested by the City Secretary, and a deposit made before the work can be started. The entire cost of such main extension ~hall be the property of the City and the said City shall have the right to to add such extension or branch mains thereto as they may see fit. SECTION THIRTY-EIGHT (38): This ordinance is cumulative of any other ordinance on the subject and does not repeal any present ordinances unless this ordinance is in direct conflict therewith, in which case this ordinance shall govern. SECTION THIRTY-NINE (39): A violation of any of the rules contained in this ordinance or a doing or causing to be done by any person, persons, firm or association, of any of the tJi~~or acts forbidden or made unlawful in any of the sections of this ordinance and an offense, and shall be punishable as such, and for each and every violation of the terms of this ordinance, the person, firm, association or corporation shall, upon conviction thereof in the Corporation Court, be fined not less than $100 nor more than $200.00, and each violation and each day thereof is a failure to comply with the terms of this ordinance shall constitute a separate offense. SECTION FORTY (40): Any person, firm or corporation who shall have made application for water service to the City of Schertz shall be responsible for all water furnished under the terms of such application until notice is given to the Utility Department by such person, firm or corporation of the intention to discontinue such service. SECTION FORTY-ONE (4l): This ordinance shall take effect and be in full force and effect from and after its passage and publications as required by law. SECTION FORTY-TWO (42}: If any section, sentence, clause or paragraph of this Ordi- nance is for any reason held to be illegal, or invalid, such invalidity shall not affect the validity of the remaining portion of thfs Ordinance. Ordinance 181, 18lA, #8lB, 1159, and #224 as amended and all ordinances and agreements in conflict herewith are hereby re- apealed effective date of this Ordinance. PASSED AND APPROVED this day of 1972. A'D~.y(}/Vl///~ ATTEST: CITY Secretary (CITY SEAL) ATTACHMENT 11 Fixing a deposit to be charged for utility services provided by the City of Schertz. The City of Schertz Utilities Department has a bonded indebtedness against utility services and must assure suffiecient revenues accrue from the operation of such utilities to amortize such indebtedness. Therefore, the City Council, City of Schertz, Texas has approved and requires all utilities users to place a deposit in the following amounts prior to the granting of such utilities services and that meter size, as indicated, will be the sole criteria for assessing such deposit: (a) (b) (c) (d) (e) 5/8" 3/4" 1" V~" 2" x 2" x 3/4" x 3/4" $20.00 30.00 50.00 65.00 75.00 ATTACHMENT in AFFIXING A RATE SCHEDULE FOR WATER SERVICE PROVIDED BY THE CITY OF SCHERTZ The City of Schertz provides water services to consumers within the incorporated city limits and a charge for such water service is required to support the operation and maintenance expenses of such system. The following rate schedule has been approved by the City Council, City of Schertz, Texas and is hereby a part of Ordinance #270: RATE SCHEDULE Residential 5/8" x 3/4" Service $4.00 Minimum Monthly Bill for 3,000 gallons .60 per 1,000 gallons for next 10,000 gallons .50 per 1,000 gallons for next 10,000 gallons .35 per 1,000 for all additional water 3/4" x 3/4" $6.00 Minimum Monthly Bill for 5,000 gallons .60 per 1,000 gallons next 10,000 gallons .50 per 1,000 gallons for next 10,000 gallons .35 per 1,000 for all additional water 1" x 1" $7.00 Minimum Monthly Bill for 7,000 gallons .60 per 1,000 gallons for next 10,000 gallons .50 per 1,000 gallons for next 10,000 gallons 1 ~ q ..:..;..., ~ .JL .JL:J .35 per 1,000 gallons for all additional water l~" x l~" $12.50 Minimum Monthly Bill for 10,000 gallons .60 per 1,000 gallons for next 10,000 gallons .50 per 1,000 gallons for next 10,000 gallons .35 per 1,000 gallons for all additional water 2" x 2" 18.00 Minimum Monthly Bill for 18,000 gallons .60 per 1,000 gallons for next 10,000 gallons .50 per 1,000 gallons for next lO,OOO gallons .35 per 1,000 gallons for all additional water Mr Clifford Harris, 900 following motion by Mr. ORDINANCE # 270 ~~ Colony Drive was appointed to the Zoning and Planning Commission~~\ Schwartz, second by Mr. Koym and voted on unanimously. \"\ Mr. Lloyd T. Blanchard was appointed to the Citizens Advisory Committee following motion b~ Mr. Schwartz, second by Mr. Chambless and voted on unanimously. \13~ll The Inter-City Youth Association program was discussed. Mr. Chambless motioned to table 1~1~ the item until such time as the Association briefs the council on full details of their\1~ proposal. Mr. Koym seconed the motion and the vote was Ayes (3), Noes (1), Mr. Schwartz. Motion carried. A proposed resolution for adoption of the Randolph Sub-Region Thoroughfare Study was read{~~ and motion made by Mr. Chambless for adoption. Mr. Koym seconded and vote was: Ayes (3)\~? Abstain (1), Mr. Schwartz. Discussion was held on a Master Drainage and Water Plan. Mr. Gaddis indicated that if a master plan is developed and not implemented for one or two years, that payment for engi- J:i neering services be made as accomplished and the amount so paid would then be deducted from the total engineering services fee upon presentation of the final bill. If implementation takes place following presentation of the plan, engineering service fees will be included in total project. City Administrator advised that financial considerations be taken into ac- count in authorizing all work on these projects, specifically bond issuance. Mr. schwartzH~ motioned a study to begin on a master water plan. Mr. Chambless seconded and vote was \1(;1 unanimous. Mr. Chambless then motioned work begin on a study of the drain~ge ditch from Dietz Creek to Live Oak Road. Mr. Koym seconded and vote was unanimous. ~ ,,\1,1r Discussion was held on the rehabilitation of the Elbel property for use as a Pol~e StaJion. Motion was made by Mr. Schwartz to allow $3,000.00 for such work. Mr. Chambless seconded and vote was: Ayes (3), Noew (1) Mr. Sandifer. Allowances for rehabilitation work were tentatively set at: Air conditioning $700; Bathroom construction $500; insulation $150; painting $390; lighting $360; structural work in courtroom $100 and chairs $200. Other miscellaneous work was authorized with total committment not to exceed $3,000. A letter of resignation from Patrolmen Jon Cox was read and accepted. Mr. Schwartz \1g/~~ motioned a resolution be drafted commending Patrolman Cox for his service to the city. Mr. Chambless seconded and vote was unanimous. Mrs. Funk, Chairman, Citizens Advisory Committee, presented several questions to the council. These included: use of city land in the area of the dog pond and sewer plant for motorcycle riding (no action taken); spraying of mosquitos along the Cibolo (City Ad- ministrator will send letter to County Health Officer requesting spraying); fences in front of residences exceeding height limitations (no action taken); setting October as Communtty Drive month (Mr. Chambless motioned the drive be conducted to solicit form homes as tb~ second phase or the 1972 drive. Mr. Schwartz seconed and vote was unanimous) ,1q~7JJ Mr. Mazian asked why postal service was not yet available in Deerhaven and reported 144 numerous chuckholes were apparent on Fawn Drive. He was informed that Postal Service is not a ruling of the city and that all efforts were being explored to have De~rhaven included in city serviee. Fawn Drive has been budgeted for repaving in the 1973 budg~t. Councilman Chambless brought up complaints that backfill dirt was not being spread behind the new curbs. It was recommended that the Commissioner of the Urban Renewal Board re- quire such backfilling prior to release of contract funds. Councilman Chambless also requested to know what was taking place on'live Oak Road op- posite Greenfield Subdivision. City Administrator informed the council that the water main was being stubhed out across Live Oak Road to provide water service to residences presently being served by temporary lines. ATTEST: J(Li e -;B.~ City Secretary APPU~kJ ~ Mayof ~ MINUT"G.:S OF THE W<:~TIN G OF THS Cry COUNCIL, CITY OF SCHERTZ, TEXIS, HSLD ON AUGUST 24, 1972 A special meeting of the city council convened at the direction of Mayor Jesse W. Graham at 7:)0 p.m. in City Hall. Councilmen:-,in attendence were: Mr. Raymond G. Koym, Mr. Robert ~. Schwartz, Mr. Leon R. Chambless and Mr. Hugh G. Sandifer. City ~ngineer, Mr. Howard Gaddis also attended. Discussion was held on the Live Oak Road and Aero Ave. street widening and paving contract previously awarded to Austin Paving Company. Mayor Graham read a prepared statement to the council reiterating his avowed position of serving the community at the time he assumed office and citing mismanagement of the city during the previous administration. City Administrator advised that if evidence was found that inadequacies existed in financial administration or within the previous city audits that a copy or copies of city audits be forwarded to the state Comptroller for review and verification. Council discussion resulted in verbal a~reement that the Austin Paving Contract was no longer valid and that bids should be reissued based on available bond monies and a corresponding change,-in plans and specifications that will allow maximum completion of road surfacing in areas most heavily trafficked. ~A motion was made by Mr. Schwartz that the City Administrator notify the City Attorney ~ to forward letters to all abutting property owners participating in the road construc- ~ tion program askinf, for a singed agreement or other valid contract to commit funds ~ to the City of Schertz prior to issuance of a new contract with such funds to be placed in an escrow account until the date of contract acceptance at which time interest derived from escrow funds would be returned to the participant and the principal amount will be transferred to the project construction account. Second was made by Mr. Koym and vote was unanimous. ~Mr. Schwartz motioned that the City ~gineer acquire all needed right-of-way for ~ the road project not previous~ acquired prior to presenting bid specifications ~ to the council. Second was made by }~. Chambless and voted on unanimously. A motion was made by }~. Schwartz thgt the City Engineer prepare plans and specifi- I- i cations for the extension o~ Live Oak Roari from ~urtiss Ave at a 6?1 pave~ '1/1'P. .... serface, tapering to a 421 paved surface at a pOlnt beyond the dr;]_nage (htch\~ l~t{) and terminatinG at Pecan st; and to prepare plans and s~)ecifications for the competion of Aero Ave. from Live Oak Road to PM J009 at a 421 width paved surface. Second wa~ made by Mr. Koym and vote was unanimous. Neeting adjourned at 9:30 p.m. APPROV'J): (1. /VJb/,J kk~'L/ Mayo1 ~ /J ATTEST: j(~4/{ c: ~/_ City Sedretary MINUTES OF THE MEETING OF THE CITY COUNCIL, CITY OF SCHERTZ, TEXAS, HELD ON SEPT. 7, 1972. A regular meeting of the City Council convened at the direction of Mayor Jesse W. Graham at 7:30 PM in the City Hall. Mayor Graham then adjourned the meeting and announced it would reconvene at 8:00 PM in the Fire Station on Live Oak Rd. Councilmen in attendance were Mr. Raymond G. Koym, Mr. Hugh G. Sandifer, Mr. Leon Chambless, and Mr. Robert E. Schwartz. Chief Schoonover presented Mr. Rudy DeLaZerda to council replacement for Patrolman Cox. A motion was made by Mr. Koym to hire Mr. DeLaZerda for the position of patrolman per month and after a three month probationery period be The vote was unanimous. 1 ,r!;~1!0 members as a Police Patrolman Chambless and seconded by Mr. at a starting salary of $472.50 raised to $497.00 per month. Mr. Walter Schertz, Executive Director of Urban Renewal Agency, briefed the City Council on the current status of the Urban Renewal project. The purposes and accomplishments of Urban Renewal were stated and many questions presented by citizens were answered. Mr. Schertz stated that an encroachment of city property at 528 Curtiss Ave. was causing a delay in the finishing of work at this address. A motion was made by Mr. Schwartz /1~ and seconded by Mr. Chambless that the Council recommend to the Zoning and Planning l~4 Commission that a variance be granted to the Zoning Ordinance under Section 18-4. The vote was Ayes (3) Noes (1) Mr. Koym. ~~7~ A request was made by Mr. Walter Schertz to change the land use on the east end of I~J the south side of Main St. to align with the present C-2 Commercial District area on the north side of Main St. He also requested that the Urban Renewal Plan be amended in the Land Use Provisions and Building requirements to include the R-2 zoning classifi- cation so that the Urban Renewal Plan will be in accordance with the planned redevelopment. A motion was made by Mr. Schwartz and seconded by Mr. Koym to grant these two changes. The vote was Ayes (3) Noes (1) Mr. Chambless. A letter from Austin Paving Co. was read cancelling their contract with the city. The Council recommended that the surface of Live Oak Road torn by the contractqr be replaced by him. It was decided that the City Attorney would meet with Austin Paving CO. 's Attorney and discuss the technicalities of this matter. A petition requesting the City Council to change the Zoning Ordinance to allow an l~b~7~ open cover to be put over a driveway was submitted by Mr. Bice Rinehart. The petition contained fifty signatures of citizens who desire at some point in time to put an open cover over their driveway. A motion was made by Mr. Chambless and seconded by Mr. Sandi- fer to request that the Zoning and Planning Commission study this ordinance for possible change to read open covers, etc. will be permitted. It would then also be changed in Urban Renewal zoning requirements. The vote that this request be taken to the Zoning Commission was unanimous. newly A raquesLlfior amending the City of Schertz Zoning Ordinance {1139 to read that all! annexed areas would come into the city under an R-l classification was read. Mr. Chambless 121,7~ 146 motioned that a public hearing be set for October~5 at 7:15 PM. It was seconded by Mr. Schwartz and the vote was unanimous. ~iScussion of payment of the planning consultant for comprehensive planning was held. ~It was motioned by Mr. Schwartz and seconded by Mr. Chambless that payment be made in , the amount of $4,680. The vote was unanimous. ~rdinance #272 annexing Bavarian Village into the city limits was read. ~made by Mr. Koym and seconded by Mr. Schwartz to approve this annexation. ~Ayes (3) Noes (1) Mr. Chambless. Ordinance #272 follows: A motion was The vote was ANNEXING mE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WImllN SAID CITY LIMITS, AND THE RIGHTS AND PRIVILEGES OF OmER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF mE ACTS, ORDINANCES, RESOLUTIONS AND REGULATIONS OF SAID CITY. BEGINNING at a point, the southwest corner of Westland Park Subdivision, and the southeast corner of the tract herein described and recorded in Vol. 2, Page 142 of the Plat Records of Guadalupe County, Texas, and which point lies in the City Limits of the City of Schertz. o THENCE, with the said City Limits line of the City of Schertz N 30 12' 34" W 653.00 feet to a point, mENCE, with the said City Limits line of the City of Schertz N 300 14' 34" W 248.31 feet to a point, the northeast corner of the tract herein described; THENCE, S 600 01' 35" W 1332.23' to a point in the east right-of-way line of FM 1518, the northwest corner of the tract herein described; ~ - . THENCE, with the said east right-of-way E 150.41 feet to a point of curverture, with feet, a distance of 442.50 feet to the point E 44.30 feet to a point, the southwest corner o THENCE, N 59 o line of FM 1518 as follows: S 38 14' 03" a curve to the left having a radius of 1106.38 o of tangency of said curve. S 61 09' 03" of the tract herein described; 50' 37" E 472.92 feet to a point; o THENCE, S 30 12' 34" E 334.96 feet to a point; THENCE, N 590 47' 30" E 669.02 to the point of beginning, and containing 24 acres of land, more or less. WHEREAS, said territory is adjoining the City of Schertz, and WHEREAS, said petition, desiring and requesting the annexation of said territory of said city has been presented to the City Council and has attached to it the affidavit of four applicants to the effect that said petition is signed by a majority of the qualified voters within such property: NOW, mEREFORE, BE IT ORDAINED BY mE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: That the following property described, to-wit: BEGINNING at a point, the southwest corner of Westland Park Subdivision and the south- east corner of the tract herein described and recorded in Vol. 2 Page 142 of the plat records of Guadalupe County, Texas, and which point lies in the City Limits line of the 147 City of Schertz, '!HENCE, with the said City Limits line of the City of Schertz N 300 12' 34" W 653 feet to a point, THENCE, with the said City Limits line of the City of Schertz N 300 14' 34" W 248.31 feet to a point, the northeast corner of the tract herein described; o THENCE, S 60 01' 35" W 1332.23' to a point in the east right-of-way line of FM 1518, the northwest corner of the tract herein described; THENCE, with the said east right-of-way line of FM 1518 as follows: S 380 14' 03" E 150.41 feet to a point of curverture, with a curve to the left having a radius of 1106.28 feet, a distance of 442.50 feet to the point of tangency of said curve. S 610 09' 03" E 44.30 feet to a point, the southwest corner of the tract herein described; THENCE, N 590 50' 37" E 472.92 feet to a point; o THENCE, S 30 12' 34" E 334.96 feet to a poin t; o THENCE, N 59 47' 30" E 669.02 feet to the point of beginning, and containing 24 acres of land, more or less. be and the same is hereby annexed to the City of Schertz, Guadalupe County, Texas, and that the boundary limits of the City of Schertz be and the same are hereby extended to include the above described territovy within the city limits of the City of Schertz, and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens 6f the City of Schertz and they shall be bound by the acts, ordinances, resolutions and regu- lations of said City. PASSED by an affirmative vote of all members of the City Council, this the 7th day of September, 1972. ATTEST: /CL~/- ~. ./U.-../ City Secretary APP(j' ~ ~ .~~ May~ (CITY SEAL) O,7~ ,'1 A resolution from Intercity Youth Association was read and discussed by the Council. Letters from Judson Independent School District and Schertz, Cibolo, Uniersal City School District were read concerning use of the schools by various youth activity groups. The reso1mtion requested 25~ per capita be given to the IYA for use during the 1973 year for various projects. A motion was made by Mr. Schwartz and seconded by Mr. Koym to keep city recreational monies within the city and not to participate in the IYA. The vote was unanimous. A letter from Delgar, Inc. (builders of Val Verde Apts.) concerning rent subsidy was read. No action was taken at this time. ,qIJ?i. It was stated that Ordinance #270 (Utilities Ordinance) did not make provision. for the large water meter rates. A motion was made by Mr. Schwartz and seconded by Mr. Koym to charge a $24.00 minimum for the first 24,000 gallons used for a 4"x4" meter and a $32.00 148 minimum be charged for the first 32,000 gallons for a 6"x6" meter. The vote was unanimous. ~The appointment of Mr. Elgin Beck, Mr. Mark L. Norwine, and Mr. Alfred Woolven to the ~Urban Renewal Boardlof Directors was discussed. A motion was aade by Mr. Koym and seconded ~by Mr. Cbambless to reappoint Mr. Elgin Beck to the Board. The vote was unanimous. ~ A motion was made by Mr. Schwartz and seconded by Mr. Koym to reappoint Mr. Norwine to the Board'of Directors. The vote was unanimous. A motion was made by Mr. Sandifer and seconded by Mr. Koym to appoint Mr. Woolven to take Mr. Jess Booker's place on the Board. The vote was Ayes (3) Noes (1) Chambless. Discussion of the Industrial Foundation was tabled until next meeting. ~Payment of Stanton, McCormick & Co. (Certified Public Accountants) was discussed. ~was made by Mr. Chambless and seconded by Mr. Sandifer that payment in the amount ~for the City General be made and that payment in the amount of $240 for the Water \ Account be made. The vote vas Ayes (3) Noes (1) Schwartz. A motion of $320 & Sewer ~A request for the purchase of traffic signs, barricades, flags, etc. was made by the Police ~Department. Mr. Schwartz made a motion that these items be purchased but not paid for ~ until after the new budget goes into effect. Mr. Sandifer seconded this motion and the " vote was unanimous. ~Mayor Graham and City Administrator Robert Bueker requested permission to attend the Texas ~Municipal League Conference scheduled for November 12-14 in Dallas, Texas. A motion was ~made by Mr. Koym and seconded by Mr. Schwartz that their attendance be made at the TML con- , ference and that per diem rates be authorized. The vote was unanimous. ~Tax Asse~sor, Robert Bueker, requested permission to attend the annual Texas Association ~of Assessing~Officer's convention to be held November 3 through November 7. A motion was ~ made by Mr. Sandifer and seconded by Mr. Schwartz to grant permission to Mr. Bueker to " at~end the TAAO Conference with per diem authorization. The vote was unanimous. ~ A letter to Mayor Graham from the City Administrator concerning negotiations with Univer- ~sal City for lease purchase of Schertz' sewer plant was read. A motion was made by Mr. ~Chambless and seconded by Mr. Koym to negotiate with Mayor Prater as stated in the letter ~at a cost of $150,000 for each city. The vote was unanimous. The final negotiation will ~ be brought back to the council. ~A motion was made by Mr. Chambless and seconded by Mr. Koym to pullout the meters in Deer- ~ haven Subdivision that were there when the city purchased the system. The vote was unanimous. "- A request from Ol'Bossy Dairy Store for installation of gasoline pumps was read. A diagram of their intended curb cut was also submitted. The request for gasoline pumps was tabled until review by the zoning and planning commission. Urban Renewal Agency will be informed that the curb cut does meet with city requi rements. ~Mr. Walter Schertz requested permission to use the 18' right-of-way in froet of the new May tag ~Laundromat on Main St. Mr. Schwartz made a motion that permission be granted that it may ~ be used for decorative landscaping or parking area to be maintained by the property owner ~ and with the stipulation that no building be erected on this site. The motion was " seconded by Mr. Chambless and the vote was unanimous. ~iscussion of payment of materials costs to R & R Construction Co. was held. "A motion ~ was made by Mr. Koym and seconded by Mr. Chambless that payment be made in the amount W of $14,549.55 to R & R Construction Co. for materials cost. The vote was unanimous. Letters from the County and State Health Departments concerning mosquito control spray- ing were read. City Administrator was instructed to forward a letter to Col. Gast on 1-!9 Randolph Air Force Base to request spraying by any means availabl~. Mr. Weldon Willbanks, Zoning & Planning Commission Chairman, requests permission for Mr. 1~ Charles Peifer to attend the Planning Commissioners Course to be held October 27-28 in J' Fort Worth. A motion was made by Mr. Schwartz and seconded by Mr. Chambless that Mr. ~ Peifer be granted perm.ission to attend the course and that per diem authorization be made. The vote was unanimous. A letter from Mr. Ray W. Rittiman of the Rittiman Water Plant requesting service by a bulk rate rather than a 2" service was read. Mrs. Ray Rittiman presented the Council with a copy of the contract held with the Schertz Water System. The matter was tabled until the contract could be studied by the City Attorney. Discussion to join Alamo Area Council of Governments was held. The membership dues for 1~ the last quarter are $50.00. A motion was made by Mr. Schwartz and seconded by Mr. ~o~ Chambless to join AAOOG and make payment in the amount of $50.00 for the last quarter. The vote was uaanimous. A letter from Mr. W. L. Wright of the Edgar Von Scheele Co. submitting street names being considered for use in the Greenfield Subdivision was read. Opposition to the names of Orville Wright and Wilbur Wright was stated as confusing and that a Wright Ave. also exist in the city. Further discussion of the street names was tab~ed. City Administrator requested permission to hire Mr. John Deck under the Project Transition Program available with the Air Force. He would work in the Tax Office doing administrative work for one-half day and with the Air Force for one-half day and receive full salary from ~ the Air Force. A motion was made by Mr. Chambless and seconded by Mr. Schwartz that Mr. ~1 Deck be hired but no promises be made for employment after retirement at this time. The~ vote was unanimous. A letter from the American Legion Post 593 was read inviting membersof the City Council to attend their Veterans Day Parade to be held November 11. parents Permission was requested by the Adolph SchertzScouting Assn. for the Boy Scouts/to conduct a house-to-house campaign for donations for the building of the new scout hut on September 16. Permission was granted as long as the date is changed not to conflict with any other planned event. It was suggested that notice to citizens be given in the local paper of the date of soliciting. A proclamation was read by Mayor Jesse W. Graham proclaiming September 15 as Buffalo Day in the City of Schertz. Mrs. Nell Funk, Chairman Citizens Advisory Committee, stated that a Welfare Director needs to be appointed because of Mrs. Bennett's resignation. Mrs. Funk will serve in this posi- tion until a new director is appointed. She also stated that several citizens had com- plained of the waterworks system in Oak Forest being a safety hazard to children. A lock will be put on the gate. She also s~ated that the corner of Randolph & Brooks, Randolph & Curtiss, and Randolph & Main were traffic hazards because of overgrown hedges, etc. Chief Schoonover said these peop~e were being contac~ed to correct the situation. *,,1~ Mr. Johnny Harm was presented to the Council by Mr. Earl Johnson for the position of ~Q Street Maintenance. A motion was made by Mr. Sandifer and seconded by Mr. Koym to hire Mr. Harm at a salary of $400.00 per month. The vote was unanimous. City Administrator requested permission to tentatively hire a girl for the positimn of counter girl and then present her to the council. Permission was granted. nn. 5' IIJ A motion was made by Mr. sc~~artz An amendment to the Subdivision Ordinance #140 was read. 150 and seconded by Mr. Sandifer to approve Ordinance #271. The vote was unanimous. Ordinance #271 fo Hows : AN ORDINANCE AMENDING CITY ORDINANCE #140 AND PRESCRIBING NEW BASE AND SURFACE STANDARDS FOR URBAN SUBDIVISIONS WITHIN mE CITY. BE IT ORD.tINED BY mE CITY COUNCIL OF mE CITY OF SCHERTZ, GUADALUPE COUTNY, TEXAS: 1. That City of Schertz Ordinance 1140 governing subdivisions within the city limits of the City of Schertz, Guadalupe County, Texas and within its extraterritorial jurisdiction to be amended as follows: Table 3 STREET BASE AND SURFACE STANDARDS URBAN SUBDIVISIONS Street Classification Major Thoroughfare Base 12" Flexible Surface Asphalt, Hot Mix, Hot Laid, 220 lbs. per sq. yd. 6" reinforced concrete 3500 p. s. 1. with 6 x 6 mesh or equivalent #3 steel Secondary Thoroughfare 10" Flexible Asphalt, Hot Mix, Hot Laid, 190 lbs. per sq. yd. 6" reinforced concrete 3500 p.s.1. with 6 x 6 mesh or equivalent #3 steel Minor or Frontage Street 8" Flexible Asphalt, Hot Mix, Hot Laid, L_ Hot mix, cold laid, 165 lbs. per sq. yd. 6" unreinforced concrete 3500 p.s.1. 6" unreinforced concrete 3500 p. s. 1. 5" unreinforced concrete 3000 p.s.1. Commerc ial A 11 ey Residential Alley Note: In suburban subdivisions the construction of major and secondary thoroughfares will be determined by the State Highway Department if classified under State or Farm-to-Market system, otherwise by appropriate county authority. Minor streets shall be surfaced in accordance with County requirements. ATTEST: APPROVJ1f) ,P' /J GbML/a/ ~4/ Mayo2/' - - - City Secretary (CITY SEAL) The meeting adjourned at 1:00 AM. APPROV~W ~ rUIYuJ.. tJ 1[)1 ATTEST: aL'~ i3~~___ City Secretary MINUTES OF T~ ~TING OF TH~ CITY COUNCIL, CITY OF SCHERTZ, TEXAS HSID ON SEP~}ffiRR 9, 1972 A special meeting of the City Council conven8d at the direction of Mayor Jesse ~of. Graham at 8:30 p.m. at the Fire Station. Councilmen in attendence Her,": Robert E. Schwartz, Leon R. Ch~mbless, Hugh G. Sandifer and Raymond G. Koym. Purpose of the meeting was to canvass the votes of the special election held September 9, 1972 for the election of one councilman, adptoposi tion for or aga inst a 15-member committee to draft a city charter, and election of the 15-member committee to write the city charter. Initial ravieH of ballots cast did not tally awl a recount was taken. The meeting was adjourned at 9:10 p.m. to be reconvened at 1:00 p.m. September 10. The me>eting reconvened at 1: 00 p.m., September 10, 1972 at the cdll of Mayor Graham. Councilmen in attendence were Robert R. Schwartz, Leon H. Chambless and HuVh G. Sandifer. Motion.was made by Mr. Schwartz that the votes cast as follows: Mrs. Nell G. Funk - 158:~ Mr. John S. Beck - 92i Mr. Harry J. Decker - onei Mr. Mark Norwine - two be accepted as ty- the official tally and that Nell G. Funk be ackn01-dedged as winner of the councilman position. Motion ',.73S seconded by Mr. Sandifer and vote was unanimous. Mr. Chambless theI1~ motioned that the vote of 175 FOR THR CHARTER and 57 AGAINST 'I'm CHARTH::R be ac~epted as~o'l/ the official tally of votes and that vote in favor of the charter be accepted. YJr. Schwart~ seconded and the vote was unanimous. Mr. Sandifer motioned that the official tally for selpction of a 15-member charter writing commission be accepted as follows: Lula Mae ~~'7ll Schertz - 155; Thomas C. Joyner - 149; Hark L. Nor't-Jine - lL~6i H';1l'ene H. Firesenhahn - 153 '8C1rl id. Sawyer - 1.52 i Jos8?h G. _Stulb Jr. - 157 i Tommie Ackermann - 142; Th"mas 1. Funk _ 154: ~lvir3 A. Hild 139; Claudine Upton - 148; Agee Morgan - 150; Ralph C. Reid _ 168; V,rry M. Jones - 157; Alfred V. Evans Jr. - 143i John R. Deck - 154: J. Wills _ 2; Barbara T"au~h - I; Dick Mansfield - 5; Rnbill Seck - 1; Dorothy Beck _ 6; Fred Italian _ 2; t.[jJliam Scoggins - 2; Clyde Ford - 2i Roy R.ichard - 7: Rita Bullock - 2; 1J0bby Cook - 2i t<;rnma Koym - I; Martha Busby -2; Gorrion ~hisenhall - 1; SarI Johnson _ 1; Sls:in Beck _ 1; Sam Jon"s _ 2i Les Bullock - 4i Viol;" Beck - li Lucy D8en - 3; Lo:ds 1. em-Tart _ 2; Rita SAba _ 1; Oscar P. Anderson - Ii Nell G. Funk - 1; Halter Schneider - 2i John Beck _ 1; Arna1d Schneiier - li Ottornar Schertz -li Hilmar Seiler - 1: Cli "ford Broadnax _ 1; Charles L. Sharp - li G. '.,T. Piekrell - 1; Sd Mazian - Ii Jimmy Dunham - 2; Irene Dodd _ 1; Sarah Cox _ 1; Hrs. Robert Blake - 1 i 'veldon "Ti llbanks - 1; Toby Connor - 3 i IvIrs. Lloyd Sandifer _ 1 i Russel G. RO"Jell - 1; Robert Sanchez - 1; Sam Perryman - 1; Roland Albert _ 1; HOHard Moshier - li S+;mley Haave - li Al T"oolven - 1 and that Lula Mae Schertz, Th~'mas C. Joyner, M"'rk L. NOT'"GT'ine, H';ugene H. Friesenhahn, SarI ''v. Sawyer, Joseph G. Stulb Hr., Tommie fickerl118nn, Thomas L. Funk, Slvira A. Hild, Claudine Unton, Agee Morgan, Ral!jh C. Reid, Larry M. Jones, Alfred V. Svans Jr. and John R. Deck be acknowledged as wtnners. Secon0 Has mpde by Mr. Chambless and vote Has unanimous. Meetina adjourned at 1:15 p.m. APPROVr.;D: /J I" / h # / Ua:J.L/ tV /~ Hap - ." //}, AT;' ''sT: A:;J f" /",.---:) /1 ~^<'- ( . C~,(jJ ~~ City Secretary 152 MINTJTES ('IF THr.: f'R~TING 0::" THE CITY COUNCIL, CITY OF S Gl:~5:TZ, TSXAS HSLD ON S4;P~HB'G1t 19, 1972 A special meetin~ of the City Council convened at the direction of Mayor Jesse W. Graham at 7:55 p.m. in City Hall. 80uncilmen in attendence were: Mr. Leon R. Chambless, Mr. Robert ~. Sch,~rtz, Mr. Hugh G. Sandifer. Oath of office was administered to Nell '\')\). Funk, newly elected councilwoman, by the City Administrator. Mr. Chambless then ~ motioned that the council accept the resignation of Mrs. Funk from the Citizen's ~ Advisory Committee. Second was made by Mr. Sandifer an:;:d te was Ayes:u), Abstain (1). Meeting adjourned 8:10 p.m. /. ~ APPROVH:D: (_ t/f/ ~ MaY(I A TTY:ST : City Secretary MINUTES OF THE MEETING OF THE CITY COUNCIL, CITY OF SCHERTZ, TEXAS HELD ON SEPTEMBER 21, 1972 A regular meeting of the City Council convened at the direction of Mayor Jesse W. Graham at 7:30 PM in the City Hall. Councilmen in attendance were Mr. Leon Chambless, Mr. Hugh Sandifer, Mrs. Nell Funk, Mr. Raymond Koym, and Mr. Robert Schwartz. The minutes of August 10, August 14, Augu~t 17, and August 24 were read and approved without ~change. The minutes of the meeting of September 7 were corrected to read: Ordinance #272 ~annexing Bavarian Village into the city limits was read. A motion was made by Mr. Koym and ~ seconded by Mr. Schwartz to approve this annexation. The vote was Ayes (3) Abstain (1) Mr. Chambless. They were also amended to read that Mayor Graham adjourned the meeting and announced it would reconvene at 8:00 PM in the Fire Station. The meeting was then called to order at 7:35 PM in the City Hall for the purpose of Hiring Mr. Rudy DeLaZerda. It then adjourned at 7:50 PM. The meeting reconvened at the Fire~Station at 8:00 PM. The meeting adjourned at 12:45 AM and was again called to order at the City Hall. Mr. Johnny Harm was presented to the City Council. City Administrator also requested permission to tentatively hire a girl for the position of counter girl. The meeting then ad10urned at 1:00 AM. The minutes of September 9 and September 10 were read and approved. Mrs. Dickie Day appeared before the Council to report several blind corners in the Aviation Heights area, one of which had caused an accident in which she was involved. Maypr Graham and City Administrator with the Police Chief have investigated these corners and stated that signs have been ordered for Aviation Heights. Several overgrown bushes and hedges will have to be cut for traffic safety reasons. Mr. Walter Schertz, Urban Renewal Director, stated density and thickness tests have been made with City Engineer Mr. Howard Gaddis on the streets in the Aviation Heights area. These will determine if the streets conform with city specifications. The results have not yet been received. ~ resolution authorizing rent supplement payments for 10% of available housing units of ~\ the Val Verde Apartments was read. A motion was made by Mr. Schwartz and seconded by Mr. ~ Koym to pass resolution #1025. The vote was unanimous. Resolution #1025 follows: 'IRE STATE OF TEXAS COUNTY OF GUADALUPE CITY OF SCHERTZ RESOLUTION WHEREAS, under the provisions of Sect!on 101 of the Housing and Urban Development ''------- 1 !);~ Act of 1965, the Secretary of Housing and Urban Development is authorized to enter into contracts to maRe rent supplement payments to certain qualified housing owners on behalf of qualified families, and WHEREAS, the provisions of said Section 101 cannot be made available to housing owners in certain loca"lities unless the governing body of the locality has by resolution given approval for such participation in the Federal Rent Supplement Program; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Schertz, Texas, Guadalupe County as follows: Approval is hereby granted for participation in the Federal Rent Supplement Program in the amount of 10% of available housing units of the Val Verde Apartments located in the City of Schertz, Guadalupe County, Texas. PASSED at a regular meeting of the City Council of the City of Schertz held on the 21st day of September, 1972. ? / R' / > ( P~/q~ Mayor ATTEST: City Secretary A resolution approving the Randolph Subregion Thoroughfare Study Group plan was read. !\~ Mr. Chambless motioned that the resolution be approved and a second was made by Mr. \~ Sandifer. The vote was Ayes (4) Abstain (1) Funk. Resolution #1026 is as follows: ~ RESOLUTION WHEREAS, the Cities of Convesse, Live Oak and Universal City and Randolph Air Force Base in Bexar County and the Cities of Cibolo and Schertz in Guadalupe County, which.com- pose the Community Council of the Randolph Subregion, have recognized the need to work collectively to plan, design and build a\thoroughfare system coordinated with the plans of other governmental entities to meet the present and future needs of the Subregion; WHEREAS, the purpose of this is to foster the development of the Subregion, protect the economic potential of Randolph Air Force Base and to coordinate thoroughfare planning within the Subregion and with the surrounding area; WHEREAS, these same Cities and Randolph Air Fore e Base have appointed official repre- sen~atives to serve for them in the Randolph Subregion Thoroughfare Study Group; WHEREAS, in the interest of coordination, liaison with the Thoroughfare Study Group has been provided by officials and staff of the State Highway Department, the San Antonio- Bexar County Urban Transportation Study, Bexar County, Guadalupe County, the Traffic and Transportation Department of the City of San Antonio, the Alamo Area Council of Govern- ments and others; and WHEREAS, the Thoroughfare Study Group with the authority of the Cities of Randolph Air Force Base has engaged a consultant to prepare a plan and recommend a course of action to implement a safe and efficient thoroughfare system for the Subregion compatible with surrounding thoroughfare systems; therefore, be it RESOLVED, that the City of Schertz approves, accepts and adopts the recommended plan which has been approved, adopted and recommended by the Randolph Subregion Thoroughfare Study Group and the Community Council of the Randolph Subregion; and be it further RESOLVED, that the City of Schertz endorses, commends and supports the principle of joint community planning; and be it further RESOLVED, that the City of Schertz, consistent with its responsibilities and authorities encourages and supports the prompt implementation of the plan by the appropri- ate agencies. PASSED on the 21st day of September, 197~" ~~ M(~r ATTEST: t/ City Secretary IJJ4 ~ordinance #273 on the issuance of time warrants ~as read. A motion was made by Mr. Cham- I bless and seconded by Mr. Koym to approve the issuance of time warrants at a designated \? rate not to exceed 6%. The vote was Ayes (3) Noes (2) Schwartz, Sandifer. Ordinance ~ #273 is as follows: r- , ORDINANCE 11273 THAT WHEREAS, the statutes~ of the State of Texas, provide for the purchase, construction, maint~nanc€, and repair of a police station and courtroom for use of the police department of cities and towns by a municipal corporation, and; WHEREASt the City of Schertz, Guadalupe County, Texas, municipal corporation W' {shed to purchase property for use as a police station and to provide funds for the remodeling thereof under circumstances whereby the purchase of such property and remodeling the structure thereon do not require that the purchase of such property and improvement thereof be submitted for competitive bids, and; WHEREASt the City Council finds and adjudicates: That pursuant to the provisions of Chapter 163, Acts of the REgular Session of the Forty-Second Legislature of the State of Texas, the City is duly authorized to issue Warrants in payment for such property and improve- ment thereof, and; WHEREAS, the City does not have on hand available for the purpose cash to pay for the purchase of such property and the improvement thereof but will have the funds on hand from taxation sufficient to pay for warrants herein authorizedt and; WHEREAS, it is now proper that the City Council of said City give notice of its. inten- tion to issue time warrants as aforesaid for the payment for the items aforesaid. Now there- fore be it ordained by the City Council of the City of Schertz, Guadmupe County, Texas, 1. To purchase read property and to improve structures thereon for a police station and courtroom for satd City. 2. That said City of Schertz, Texas, issue time warrants as hereinafter specified in payment for such property and the improvement thereof. 1-- 3. That it is the intention of the City Council of the City of Schertz, Texas, to pass an order on the 21st day of September, 1972, against the funds of said City in an amount not to exceed $25,000.00, bearing interest at a rate not to exceed 6% per annum and maturing at such times as may be fixed by the City Council of the City of Schertz, Guadalupe County, Texas, serially or otherwise, at a maxi- mum maturity not to exceed five (5) years from their date, for the purpose of evidencing the payment of the purchase price of such property and the improve- ment thereof. 4. That notice of the authorization of issuance of such time warrants shall be given by causing notices thereof to be posted in a public place at the City Hall of Schertz, Texas for 14 days prior to the time of authorizing such warrants and published once a week for two consecutive weeks prior to the date set for authorizing such warrants in the Valley News, a newspaper published in the City of Seguin, Texas, and in the Seguin Enterprise a newspaper devoting not less than 24% of total column lineage to current items of general interest published not less than once each week entered as second class postal material and having been published regularly and continuous- ly for not less than 12 months prior to the making of this notice and published at Seguin, Guadalupe County, Texas, the County Seat of the County, where Schertz, is situated, and such notice to read as follows: NOTICE OF INTENTION TO ISSUE TIME WARRANTS The City of Schertz, Guadalupe County, Texas, wishes to pu~chase property for use as a police station and courtroom and to provide funds for the remodeling thereof under cir- cumstances whereby the purchase of such property and remodeling the structure thereon do not require that the purchase of such property and improvement thereof be submitted for competitive bids, and the City does not have on hand available for the purpose cash to pay for the purchase of such property and the improvement thereof, but will have the funds l~~ ~~ on hand from taxation sufficient to pay for warrants issued for the purchase and improve- ment of the property aforesaid. Notice is given that it is the intention of the City of Schertz, Guadalupe County, Texas, to purchase certain real property in the City of Schertz, Guadalupe County, Texas, and improve certain structures thereon for a police station and courtroom for said City, and to pay for such property and its improvement by issuance and delivery of interest bearing time warrants in an amount not to exceed $25,000.00 to be authorized by the City 60uncil of said City on the 21st day of September, 1972, for the purpose of evidencing the indebtedness of the City of Schertz, Texas, to be incurred in the purchase and improve- ment of the property aforesaid and for all expenses necessary and incidental thereto: said warrants to bear interest at a rate not to exceed 6 per cent per annum containing prePayment privileges and having a maximum maturity date not later than five (5) years from date. The City will make arrangements for the sellers of such property and those furnishing material and labor for its improvements of the warrants herein mentioned to dispose of said warrants at not less than par, and such parties must agree to deliver the warrants at such price with the party with whom the City has made such arBangements. Given pursuant to an ordinance adopted by the City Council of the City of Schertz, Texas, on the 21st day of September, 1972. PASSED AND APPROVED this the 21st day of ATTEST: Ciey Secretary ,~~'1~, An application from Wayne Marrs (D.E.W., Inc.) requesting an electricians license in t~e I City of Schertz. He is presently licensed in San Antonio and Kerrville. A motion was made by Mr. Koym and secDnded by Mr. Schwartz to approve their application. The vote was unanimous. A letter from Donald C. Ulin, Executive Director of the Housing Authority, submitting the name of Douglas A. Holmes as a replacement for the unexpired term of Albert L. Wile was 15,1~ read. Mr. Holmes was recommended by Mr. Leonard M. Trent, Chairman. A motion was made~ by Mr. Sandifer and seconded by Mr. Schwartz to appoint Mr. Holmes to the Board of Commissior ers of the Housing Authority. The vote was unanimous. Mayor Graham briefed the City Council on negotiations with Universal City on the lease/pur- chase of the city's sewage plant by COMA to date. A proposed resolution containing possi- ble negotiations was read. Mr. Odo Riedel, President COMA, stated he did not think the resolution would enhance negotiations with Universal City. A motion was made by Mr. ~,~*7~ Chambless and seconded by Mr. Koym to negotiate with COMA at the same price or lease agree- ment as Universal City. The vote was Ayes (4) Abstain (1) Schwartz. Mr. Howard Gaddis, City Engineer, presented a newly prepared plat for the widening of Live Oak Rd. and Eero Ave. Sidewalks would be placed on one side of the street and a curb & gutter type curb would be used. Estimated cost of this construction is $225,000. The lowering of 475 feet of waterline will be discussed at the next executive session of the City Council. A motion was made by Mr. Chambless and seconded by Mr. Koym for Mr. Gaddis to go ahead with pre~iminary engineering required for adding sewers to Deerhaven Subdivision. The vote was'J.2..' ~\1- unanimous. ~ Mr. Odd Riedel stated that the sewer system in his Mobile Home Park would be tied into city sewers by the 1st of October. 156 Mrs. Nell Funk told the council that the Community Fund auction would be held Saturday, October 14 and that pick-up dtives would be held September 20 and October 7. ~r. Howard Gaddis stated that $1260.00 additional money would re required to use cast iron \ water pipes rather than conceete under the drainage ditch on Aero Ave. A motion was made ~by Mr. Chambless and seconded by Mr. Koym to authorize the additional monies be used for ~cast iron water pipes. The vote was unanimous. The meeting adjourned at 10:20 PM. City Secretary M9~AI~ MINUTES OF THE HEETING OF THE CITY COUNCIL, CITY OF SCHERTZ, TEXAS HElD ON SEPTSHB~R 26, 1972 A special meeting of the City Council convened at the direction of Mayor Jesse W. Graham at 7:05 p.m. in City Hall. C~dBCilmen in attendence were: Mr. Leon R. Chambless, Mr. Raymond G. Koym and Mrs. Nell G. Funk. ~ ~ayor Graham briefed the council on C~~ negotiations relating what amounted to the final ~roposal that could be effected. Mr. Chambless motioned that the city pr~sent a proposal '~to CCMA to the effect that CCMA assume the $178,000 debt on sewer plant facilities of Schertz (principal and interest) and that CCMA pay to the City of Schertz 42,000 in cash for easements, right-of-ways, and land and that CCMA assume the $246,000 debt obligation ! of Universal City for their sewer plant. Second to the motion was made by 111's. Funk and vote was un~nimous. The meeting was adjourned at 7:25 and reconvened at 7:40 p.m. in the Fire Station for the purpose of discussing publicly the traffic thDroughfare problem. A letter from the Base Commander, dated July 17 was read. Colonel Gast, Vice Commander, then presented a briefing on problems Randolph AFB was ancountering in respect to curtailment of flying' activities versus the economic impact of a Randolph AFB closure. Emphasis was planed on the Rittiman Addition as a flying safety factor. Mr. Harry Silverman presented a briefing on the Randolph Sub-Region Traffic Thoroughfare Study. Mr. Ehlers, State High- way Department then answered questions and stated that the highway department does not enter into the picture until invitation is extended by the municipality. Mayor Graham presented the three possible proposals to handle FM 78 traffic that had been formulated by the previously ap80inted committee. Recommendations were entertained from the floor. Dr. Anthony Mays stated that the facts presented indicated a bypass route was the only ~~course. Mr. Chambless motioned that the bypass route from Rittiman Addition, along ~he present rOltte of Zuehl St. and emerging at Live Oak Road be accepted and provided ' ~he Randolph Sub-Region Traffic Thoroughfare Study for insertion in the report. Mr. Koym ~econded the motion and vote was unanimous. AT'RST: City Secretary APPROVED, (J~/dJ Ak May;r r" , Heeting adjourned at 9:30 p.m.