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10-09-1969-09-03-1970 132 Letter from Hou3ing and Urban Development, New workable pro!?ram Handbook and forms will 1:e ma iled to the city 180 dav.s prODr to ex- piration of o'r present certificate. Approved to pay .:iouthwest Tank and Supply Co. $830.00 final pay- ment, als 0 pay easements tha t are due. Letter from Texas Water Qual ity Board on Grant Application under ~blic Law 660 proposed work ts el igible and T" ill be cons.'oered in 1970 fiscal year. Letter from State Dept. of Health, 701 Planning Program trans- ferred to the Governor's office as of Spt. 1, 1969. Letter and application from Texas Health Dept. asking t:,Clt a City :-Iealt.h Officer b~ apn1nwd. 3i" from Mr. ~:ailo $)uO.OO for adcitional leg?l s~rvicJs on '-lousing - letter from Lazy Oaks Service Co., Inc. about water connect- ions. Letter from U. r.. about Extra Territorial jurisdiction. Letter from floyd TlTesternam regarding water raes.with City of Cibolo. A motion I ATTEST: t;lty secretary to adjourn made by Mr. Koym, .econded~ Marx. MINUTES OF THE MEETING OF Tm 'fI,fi9i-AtMtl.tz CITY CenNeIL OF THE C JTY OF SCHERTZ, TEXAS BEL D ON THE 9th of OCTOBER 1969 if~/{,1 ~ '3' e/I tf4/{PQ q ~5"LP Regular meeting of the Schertz City Council was held at t~ City Hall in Schertz, Texas, October 9, 1969. Mayor Roy 1.:[. Richard calle d the meeting to order with the follow- ing named Alrlermen pre Jent: :Haymond G. Koym, Edgar T. Marx, Y..a]fard C. Koch, Jimmie V. Dunham and Leonard.,J. Kazben, also present were City Attorney Louis T .Saegert, Russell and Fred Rcwell, George Cesche, ',lTal ter Scrertz, Archie Woooward, Albert Pef'ferkorn and Wavne Kinsel. Minutes of the Septembe,:" 4th rreeting were liProved as read. Resolution was read reappointing Mr. Ralph R. Ikels and r~orge P. Bolton to serve 2 year terms on the Board of Commissioners from October 21, 1969 thro'wh October 20, 1971. Motion was made by Mr. Zaxben, and seconded by May. Koym to accept and approve the above. The resolution carried unanimously. Firemens pay was appr!wed for September. Agreed by the council to keep Robert Arenas on the payroll. He was injured while mowing at the City ;;lever Plant. After discussion, a motion made by Mr. Koym, seconded by Mr. Marx. was unanimously ca rried to advertise for bids on a new fire trllcj. Bids will be opened Nov.~ 1969 at 8:00 P.M. at the City Hall. City Welfare Director, Mrs. Glynn "J. Bennett, submitted a report revealing much assistance has been rendered which involve many hours and lots of travel. Mrs. Bennett is to be highly commended for her work. Letter was received from Chairman, Housing Authority, recomrrend- ing Mr. Ed'rJard ~rinlanan be removed from the board and Mr. L~onard M. Trent appointed as a replacement. Plat of Schaefer new subdivision turned over to Planning I;t; Zon- ing Commj ssirn. Request change to incl ude Trailer Park. Letter from Coy Simmons requesting City Water .for Oak Forest. Motion was made by Mr. Kazben and seconded by Mr. Koym to accept req"ests for annexation and extension of city limits. The motion was unanimously carried. Hr. Saegert explained recommended amendmen~r. 199 to Sub... division Ordinance. Motion was made by Mr. Kazben and seconded by Mr. Marx to adoot same. The motion carried unanimously. Three req 'eats for annexation of property into the corporate city limits of Schertz were read and approved unanimously. ATTEST: 133 I Properties owned by Edgar Von Scheele was scheduled for hearing on Oct. 27, 1969; property of Henry Guiterrez scheduled for hearin~ on Oct. 28, 1969, and oroperty of Wayne Kinsel scheduled for Oct.2~J 1969. . Mot~on to a~jol1rn was made by Mr. Koch, ~ed~b "tp~r~Ko and carrled unanlmously. ~~__~__ 0; -. uer'Gz .:: j lor t)v... ~ L...... .r 6 "6 ~ At a City Council meeting held Oct. 1 , 19 9 with all members present, recommendation was made and passed to dismiss t~ present City Secretary-Treasllrer.OnsOct.n20, "'Mr. Robert C. Bueker was interviewed for tl1e City Secretary-Treasurer position. Mr B1ll"ker was hired to fill the new position commending Oct. 27; 1969 and to assume all duties of that office effective 8:00 A.M., of said date. Mr. Pickrell, out- going Secretary-Treasurer, was given vacation for the month of Nov- ember with effective date of dismissal from office on Nov. 30, 1969. Resume of Mr. Bueker's qualifications were presented to t~ council for rewiew. fiJ ~l/~\ A RESTfME OF THE BACKGROUND AND EXPERIENCE OF ROBERT C. BUEKER 222 N. Gllilford st. San Anton~o, Texas, 78217 PUBLIC RELATIONS Summary of Job Experience Qualified in formulating and implementing information programs for organizations of ~O,OOO to 100,000. Knowledgeable in application of jntema tiona}., national, regional and local media operation to infor- mation plannibg. Qualified news and feature writer. Extensive part- icipation in national convention informati(')n activities. Qualified script and speech writer. 1966 - Present.....Responsible for management of information Dlans and programs for 270 personnel sta tioned thro uF-'hout Eur.ope, the Middle East and North Africa. These personnel were assigned to 29 sepa- rate information offices. My position title was Chief, Mana- gement Branch, Directorate of Information, Head~Jarters United states Air Forces Europe. Additional assignrrents included pro- duction of motion pictures for putilic showings to European audie- nces (this duty involved operational control over 27 motion picture camermen). Concept of operations were dependent upon inter- pretive analysis of by-countryppblicies and public opinion. Close association was required with U.S: State Department personnel and foreign media personnel. Responsible for writing informatioo plans for all contingencies. 1926-1966.... Public Information supervisor with Air Training ClJlIlII...nd headquarters, Randolph AFB', Texas. Deve100ed information pro- grams designed to aid Air Force recruiting and training object- ives. Wrote news and feature releases. Briefed and assisted national and local news and feature releases. driefed and assisted national and local writers in gathering release mater- ials. Prepared a special study of an internati onal event for Hhite HO'Jse review. Prepared (Y,eneral officer speeches, film outlines and story snyopses on maj or activities in an organi- pation of 100,000 personnel. Planned information actions and h~~dled information coverage at national conv~ntions (Air FQrce Assn., Aviatchn WritersAssn., Toronto Internahoml Air Show) ATTEST: 133 Properties owned by Edgar Von Scheele was scheduled for hearing on Oct. 27, 1969; property of Henry Guiterrez scheduled for hearin" on Oct. 28, 1969, and oroperty of Wayne Kinsel scheduled for Oct.2~J 1969. " Mot~on to a~jollrn was made by Mr. Koch, ~ed~b ~~r~o and carrled unanlmously. 'II_!::_~ I - . 0 ,- ner1:.Z :: ~ Lor 3:.. v.. ~ ba'ry , At a City Council rr:eeting held Oct. 16, 1969 with all members present, recommendation was made and passed to dismiss the present City Secretary-Treasllrer.OnsOtt.n20,''Mr. Robert C. Bueker was interviewed for the City Secretary-Treasurer position. Mr Bueker was hired to fill the new position commendi.ng Oct. 27, 1969 and to assume all duties of that office effective 8:00 A.M., of said date. Mr. Pickrell, out- going Secretary-Treasurer, was given vacation for the month of Nov- ember with effective date of dismissal from office on Nov. 30, 1969. Resume of Mr. Bueker's qualifications were presented to the council for rewiew. ~ L,/~~ A RESHME OF THE BACKGROUND AND EXPERIENCE OF ROBERT C. BUEKER 222 N. Gllilford st. San Antonfuo, Texas, 78217 PUBLIC RELATIONS Summary of Job Experience Qualified in formulating and implementing information programs for organizations of ~O,OOO to 100,000. Knowledgeable in application of interna tional, national, regional and local nedia operation to infor- mation plannihg. Qualified news and feature writer. Extensive part- icipation in national convention information activities. Qualified script and speech writer. 1966 - Present.....Responsible for management of information olans and programs for 270 personnel stationed thro 11 ph out Eur.ope, the Middle East and North Africa. These personnel were assigned to 29 sepa- rate informa ticn offices. My position title was Chief, Mana- gement Branch, Directorate of Information, Headquarters United states Air Forces Europe. Additional assignments included pro- duction of motion pictures for putilic showings to European audie- nces (this duty involved operational control over 27 motion picture camermen). Concept of operations were dependent upon inter- pretive analysis of by-countryppblicies and public opinion. Close association was required with U.S. State Department personnel and foreign media personnel. Responsible for writing informatioo plans for all contingencies. 1926-1966.... Public Information supervisor with Air Training Command headquarters, Randolph AF.B', Texas. Deve] ODed information pro- grams designed to aid Air Force recruiting and training object- ives. Wrote news and feature releases. Briefed and assisted national and local news and feature releases. ~jriefed ani assisted national and local writers in gathering release mater- ials. Prepared a special study of an international event for Hhite HO'Jse review. Prepared r;eneral officer speeches, film outlines and story snyopses on maj or activities in an organi- ~ation of 100,000 personnel. Planned information actions and hJl'*ldled inforllBtion coverage at national conv~ntions. (Air FQrce Assn., Aviatcm Writer.sAssn., Toronto InternahorBl Alr Show) 134' Edited and assisted in layout for two special newspaper supple- ments. (2:> and 24 pages) that were gi ven ~OO,OOO circulation (these 81lpplements were requested by President, Aviation Writers Assn. for entry into national c':lmpetition). Pre- pared special pamphlets and brochures. ,--.., " I 19~9 - 1962 ... ..Publ ic Information supervisor with Pacific Air Forces headqnarters, Hickam AFB, Hawaii. An organization of 70,000 personnel with information responsibility relating to Air Force activities in an area .spanning one-third of the earth's surface. Handled visiting nat ional media personnel enter- ing Pacific areas. Project man for information actions associated with Discoverer missile recovery program for two years, including international coverage given recovery of of first nosecone. Prepared information, olans for SEATO exercises and Pacific recr:Nery of Mercury astronauts. Ex:tensive travel in Far East working with media personnel of other nations and with other military services on programs of mutual interest. Developed classified plans and actions. T,lTrote news and featnre material s. 1957 - 1959 ..... . Informati 00 supervisor for Fourth Air Force, Hamilton AF13, Calif. Organized and inspected Air Force Reserve in- formation activities in the eight western states. Assisted in organizing and conducting special tours t.6 major air force events for prominent citizens residing in the western states areas. Planned cOlllTland information actions for national conventioos. 195'1 - 1953 ......Information supervisor for Alaskan Air Command, Elmendorf AFB, Alaska. Prepared information plans for Air Force and joint service operational exercises. -Ivrote and assisted national writers in gathering command material. Responsible for operation of base radio station and base newspiper. Wrote news and feature material. 191)3 - 1957.... .Information supervisor' for the Air Force Overseas Pro- cessing Center, Parks AFB, Calif. Organized and conducted a special State Dept.-directed overseas orientation programs for all Air Force personnel being sent to Pacific areas. 1949 - 1951.... .Air Force representative in joint service information office having jurisdiction over release of Air Force information in the northern California area. Operated as a news gathering agency. Established nethods and procedures with air bases for release of information. Received all news queries relat- ing to Air Farce activities from news media, gathered in- formation from bases and released material to all media. 1946 - 1949 .....Editor base newspapeT, Hamilton AFB, Calif. EDl1CATION . St. John's University 1943 San Jose St (night school) 1955 U.of Hawaii(night school) 1959 PERSONAL DATA Age 45, married 1944, four children (two f!rown), retired U.S. Air Force on Aug. 1, 1969. Available for immedia.te employment. 1,],';_ ~,~',I'''''!t .. r Following resolution waspassed by the City Council. emotion was made by Mr. Kazben and seconded by Mr. Dunham). 135 + 1 ,,&1 REsrLUTION NO. 193 RESOLUTION ft2 PROVING COOPERATION AGREEMEN'l' H ! T,vlTH THE HOUSING ATTTHORITY OF THE CITY OF SCHERTZ , TEXAS AND ATlTHORIZING ITS EXECUTION WHEREAS, the City of Schertz ,Texas, has caused to bepubl ishe d twice in its officially designated newspaper the notice of its intent to enter into a Coopera tion Agreement with the Housing Authority of the City of Schertz ,Texas; and T'THEREAS, 60 days or more have elapsed since the date of the first Dub] ication of said Notice, with no petition for election being filed in accordance with the Housing Cooperation Law of Texas. NOW, TPEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF' SCHERTZ TEXAS, AS }il)LIOWS: 1. The Cooperation Agreement between the City of Schertz " Texas and the Hous ng Authority of the City of Sdlertz Texas, is hereby approved. 2. The Mayor of the City of Schertz l Texas is hereby authorzed and directed to execute said Agreerrent and the Secretary of the City of Schertz ,Texas, is hereby authorized and directed to seal and attest said Cooperation Agreement in the name of the City of Schertz , Texas. 3. This Resolution shall become effective imnediately. 4. The Cooperation Agree ment is in the following form, to-wit: - - - - - - , MrJ?~ff~~ ATTEST City Secretary A City Council meeting was called by Mayor B.oy 1.J. Richard to convene at 7 :30 P .?Jf., Oct. 27, 1969 for ahearing on annexation of the Von Scheele property. In attendance werer,4. Dunham, Alderm!!n Roymonc' G. Koym, Malford C. Koch and Leonard J. Kazben. There was no protest or discuss; on. May Koym motion- ed the annexation be oassed; it was seconded by Mr. Kasben sf f!/lP9 and l~nanimously carried. Hearing was closed at 7 :45. ~'t~ Mayor' oy . ic ard. ATTEST ~:rC. ~:~, Gi ty Secretary A City Council meeting was called by Mayor Roy W. Richard to convene at 7:30 P.M., Oct 28, 1969 for annexation hearing on the Henry Guiterrez pro,;erty and for the City of Schertz to enter into agreement with the Schaefer Road Rural ;,~ater Supply Corp. In attendance were Roy W. Richard, Malford 136 i-{q, (p 1 Koch, Leonard Kazben, Edgar Marx, Walter Schertz, Gene Schoonover, Raymond Koym, Charles Cross, Fritz SChlather, Minnie Liecke, Fred Niemietz and Henry Gutierrez. The annexation was read and no objection rendered except to exclude only the i mile of 3009 that is in the City of Cibolo's extra- territorial jurisdiction. Metes and bounds of this territorial jurisdiction are apparently undefined. Motion to accept annexation was made by Mr. Kazben, seconded by Mr. Koch. A motion to enter into agreement with the Schaefer Road Rural T'later Supply Corp. was made by Mr. Kazben and second- ed by Mr. Koym. Mation was unanimously carried for the agreenent as foll~8: l . THIS AGREEMENT, made this 28th day of October, 1969, by and between the Schaefer Road Rural Water Supply Corporation, a corporation in the County of Bexazr, State of Texas, hereinafter called "Corporation", and the CITY OF SCHERTZ, a municipal corporation in the County of Guadalupe, Sta te of Teyas, here inafter called "Schertz". ~nTNESSETH : 1NT-'J!.~, Schertz hasrecently expanded its water supply and distribut- ion system, and such water supply consisting of three wells~and three pumps is, under existing conditi ons, found to be adequate to serve a city of several times the size of Scherta; and WHEREAS, The Corporaticn proposes to build and operate a water distri- bution system in that part of Bexar County near to Schertz, and there is no good water supply within its corporate service area, and WHEREAS, Sbhef'tz owns and operates a large water nain near to the service area of the corporation, and both the Corporation and Schertz are desirous of making proper arrane-enent to the end that the Corporation will be supplied with adequate potable water of the qual ity of Schertz' water; now, therefore, IN CONSIDERATION OF THE MUTUAL OJVENIHTS, AGREEMENTS AND UlwJ!.ttTAKINGS HEREIN SET FORTrl, the parties agree and contract as follows: SECTION 1. During the term of this agreement and under the terms and conditions hereof, Schertz agrees to sell to the Corporation and the Corp- oration agrees to buy from Schertz potable water meeting purity standards of the Stae Department of Health, but shall not be legally liable for fail- ure of quaI. ity of water to Treet such standards, it be ing understood that the customers served by the Corporation will receive the same quality of water as delivered to customers of'Scrertz. Schertz shall use reasonable dil i!;ence and care to provide a regula r and uninterrupted suply of wate r to the Corporation and to avoid any shortage or interruption of the delivery thereof, but shall not be liable for any fanure, interruption or shortage of water or for loss or damage reS1ll ting therefrom occasioned in whole or in part by any cause beyond the reasonable control of Schertz. SECTION 2. Under the terms of 'this agreement, water shall be delivered by Sc~'€rtz to the Corporation at a meter to be located at the intersection of River Road and Bubbling Springs Road within the corporate limits of the City of Schertz. SECTION 3. For tre purpose of neasuring the quantities of water deliver- ed by Schertz to the Corporation, the Corporaticrl shall furnish and install at said delivery point a master meter of standard type for measuring properly and quantities of water delivered under this agreement. Both Sc1-ertz and the Corporation shall have access to such metering equipment. a,t all reasonabN times, and Schertz, as operator of the facilities, shall have' charge of the "' ii' I ..,.-,' , i1'. "', ,.,,' .-; - ... d; ,o;:tk .i,,""; A reading, calibrating and the adjustment of the meter. Schertz agrees also as operator of tre system to keep a true record of all meter read ings as trsnscri ~ed from re ports of it s enrol oyee s or agen ts with respect thereto. Upon the written request of the Corporation, Schertz will f:'ive the Corporation such informati on, as it may request from its journals or records or permit the Corporation to have access to them in the offices of Schertz during business hours. 3chertz shall calibrate the metering eqll'pment as often as it considers such n~cessary and at such time as same shew reasona1b1e evidence of error. I1' upon any test the percentage of any inaccuracy thereof is found to be in excess of two percent (2~), registrati.on thereof shall be corrected for a period extending back to the time when t~ inaccur- acy began, if such time is ascerta' nable, and i.f not, then for a period extending back one-half of the time elapsed s~.nce the last date of calibration, but in no event farther back than a period of six months. 1'37. SECTION 4. The unit of measnrenent for water delivery hereunder shall be one thousand gallons of water, U.C . Standard Liquid Measure. ... SECTION 5. During tiE term of this agreement, the Corporation shall not connect or permit connect on of any other water supply facilities to any distribution lines which convey and transport water obtained from Schertz. SECTION 6.Unless sooner cancelled by mutual agreem!'!nt or the parties, the term of this contract shall be for a period of thirty (30) years from the date water is first delivered or tendered to the Corporation at the point of delivery provided in Section 2 of this agreement; and for the purpose of establishing rates and charges for water supplied under this agrsenent such term of thirty (30) years shall be divided into six (6) consecutive five (5) year periods. SECTION 7. During the initial five-year period of the contract, the price to be paid to Schertz for water shall be thirty (J0i) cents per 1,000 gallons delivered throu~h the master meter located at the point of delivery. At least six monthsprior to the close of the initial five-year period and at least six months prior to the close of each subsequent five-year period, the City Counc'l of Schertz am the Board or Dire- ctors of the Corporation shall meet in j oint session to establish a rate or charge for water for the succeeding five-year period. At such meeting Schertz shall make available an engineering repoAt shew- ing (1) the estimated cost to Schertz for the production and del ivery of water to the point of delivery during at least four of the preced- ing years and (2) the estimated cost of each 1,000 gallons of water for the ensuing five-year pe riod, assnming there is no change in the quanti ty of water to be sunplied. The cost of the report shan be paid by Schertz. Based upon such report and sllch other inforJTat:ion as may'deemed relevant, the joint session shall determine the price to be paid for each 1,000 gallons of water during the succeeding five- year period. The j oint session s}-'all consider the price at ~flhich water is delivered to the Corporation to be made up of two cost com- ponents; (a) The cost of producing and del ivering water to tre point of delivery, and b) p~ments in lieu of sinking fund payments to ant- icipate the replace ment of produ ctionatiIid":d!!ljhve!llycfaomli ties. That portion of the price allocated todirect production and delivery costs shall be adjusted in conformity with any change in such costs shown in the engineering report. That portion of the price allocated to payments in lieu of si nking fund payments shall be ajusted in conformity with any , 13.8 change in the annual construction cost index for wate worke facilities as published by McGray-Hill, Inc. Should such joint session be unable to agree on the price to be paid for water prior to s :ixty (60) days preceeding the time the revised rates are to go into ef'f'ect, the partie s Slall submit the qU!stion I to a panel of three arbitrators, one to be appointed by each of tte parties I to the Contract, and the arbitrators to selected shall agree upon and name L, a third arbibtrator. The decision of' a majority of the arbitrators shall be final and binding on the parties. SECTION 8. The initial billing period shall begin wi th the date water is actually delivered to th! Corporation and end on the 20th day of the following month, and thereafter each billing period shall end on the 20th day of each month. Payment by the Corporation for water received during the preceeding billing period will be made on or before the 10th day of the month following the close of such billing period and payment will be JlRde in current funde at the City Hall, Schertz, Texas. In the event payment is not JlRde within fifteen (l~) days after such due date, Schertz shall be relieved of any further obligation to deliver water under this contract until all amounts due to -Schertz have been paid in full. SECTION 9. In the event Schertz finds it necessary to rati on water or in any manner-restrict the aInmnt of water which may be us~d by the custo- mers of its municipal system, the Corporation agrees thqt it will iTTpose the same type restr:i ctions upon its water users. It is fl1rther agreed and understood that the rates and charges for the use of water suoplied by tYe Corporation shall never be less than those charged by Schertz. '1 SECT-1mB 10. If for any reason of force majeure either of the par des hereto shall be" rendered unable wholly or in part to carry out its obli- gation under this agreement, then such party shall give notice of the particulars of such reason in writing to the other patty within a reasonable time after the occurrence of the event or cause relied upon. Th! obligation of th! party giving sooh notice so far as is affected by sch force majeure shall be suspended durinr the continuation of the inability then claimed but for no longer period, an d s ooh pa ty s1:lall endeavor 'to temove or over- come sHch inability with all reasonable dispatch. The term force majeure as employed herein shall mean acts of God, Strikes, lockouts or other indust- rial disturbances, acts of the puhlic enemy, order or act~ons of aqy kind of the government of' the United States or of the State 0f' Texas, ~r any civil or military authority, ins rrections, riots, epidemh>, landslides, lightening, eaethquakes, fires, hllrricans, storms, floods, washouts, arrests, restraint of government and people, civil disturbances, explosions, breakage or acci- dent to the machinery, oipelines or other structures or maChinery, partial or entire faHure of water supply and inability on tl'e part of Schertz to deliver water hereunrler or of the Corporatioo to receive wate~, or on account of any other cause' not reasonably within the control of the party claiming such inability. It is understood and agr'''ed that the settlement of strikee and lockouts shall be enti rely within the discretion of tl'e party having the difficulty and that the above requiretments that any force majenre shall be remedied wi h all reasonable di spatch shall not require the settlement of strikes and lockouts by acceeding to the demands of tl'e ooposing party or _' parties, when such settlem "nt is unfavorable to it in the judgemmt of' the parties having the difficulty. No damage shall be recoverable from either party by reason of the suspension of any c')ntract rights due to any of the causes above mentioned. IN WITNESS 1,.,HEREOF, the parties '-ereto acting under authority of thei r respective governing bodies have caused this cCt1t~~act to be duly executed in several counterparts, each of' which shall c')nstittb! an original, all as of the day and YS8rfirst above written. ..' 'j.:."j . ,. , ". ,,:.... 139 CITY OF SCHERTZ ATTEST: /1r" eo 6EiZ-'- c. 6. t.A.\2 KJ: 12. C-j ty Secreta ry by/ s/ Roy W. Richard Roy ~v. Ric hard, Mayor SC"M.t'J:!;l"t ROAD RflRAL WATER SUPPLY CORPORATION ATTEST: BY President, BoaDd of Directors Secretary, Board of Directors Meeting closei. at '/:OOP.t1. ~~~!1~ . May ...- oy ." lcn-ard ATT~ ~2?~ A city council treeting was called by Mayor Roy W. Richard to convene at 7:30 P.M., Oct. 29, 1969 to cond11ct a hearing for annexation to the City of Schertz of property owned by Mr. Wayne Kinsel. In attendance were Roy W. Richard, Malford Koch, Leonard Kazben, Raymond Koym, Fred Rowell, Walter Schertz, Charles Cross, Wayne Kinsel~ Aaron Beck, L. Rhea, Hugh Sandifer, Johnny Wise and Toby Conner. 10 objections were ra ised no protests rendered agaj nst annexation. Motion to annex said 5'0 _ ~? property was made by Mr. Koym, seconded by Mr. Kazben and unani- mously c~rried. Agreement was made to provide water to the Kinsel Rest Home on a temporary basis, if required, prior to recording of annexation proceed- ing s . Copy of letter written by Chamber of Commerce to Soutr.ern Pacific RR regarding installation of safety gates across the 1st st. crossing was furnished the City Planning Commission. Q~~~~ Mayor oy. lhc ar ATTEST ~ 4~ ;RJ;~ ~~a~ MINUTES OF THE MEETING OF THE CITY COUNCIL OF' THE CITY OF SCHERTZ, TEXAS HELD ON THE 1st DAY OF NOVEMBER, 1969 A city council meeting was called by Mayor Roy W. Richard to convene at 7:30 A.:M., Nov.l, 1969 to proceed TN~;_th annexation proceed- ings (1) and (2) or property owned by Hr. mL'f.lcJb:rScbertz, said properties consisting of 136.6 acres and 70.0 acres respectively. Present v:rere 140 . a Roy Richard, RiChard,!foj'm_"l;eonard Kazben, Jaes Dunham and Malford Koch. Motion !5/"(P, made by Mr. Koch and seconded by Mr. Koym on annexation. (1) To publish notice in the Valley News that the City of Schertz proposes to institute annexation ,~ proceedings. Motion was unanimously carried. Motion made by Mr. Dunham and IQseconded by Mr. Koym on annexation (2) to publish notice in the Valley News 5~",LPlthat the City of Schertz prJposes to institute annexation proceedings. Motion was unanimously carried. Meeting cl osed at 8 :0') A.M. ~rd A~L~ C1 ty Secretary MINUTES OF THE MEETING OF THE CITY COTlNCIL OF THE CITY OF SCHmTZ, TEXAS HELD ON THE 6TH OF NOVEMBER 1969 The regular meeting of the City Council of Schertz was convened by Mayor Roy W. Richard. Aldemen present included: Raymond G. Koym, Edgar T. Marx, Malford C. Koch, Jimmie V. Dunham and Leonard J. Kazben. Also in attendence were I1!lmbers from all COmmittees/commissions functioning under the City govern- ment, City Attorney Louis F. Saegert and Mr. Mok, consultat for City Planning C"'.....:ssial. Meeting convened at 8:00 p.m. in the Schertz City Hall. Minutes of the Oct 9, Oct 16, Oct 'Zl, Oct 28, Oct 29 and Nov 1 City Council Meetings were read and approved unanimcusly with the exception of corre ctim s (1) Date of bid on the new City Fire Truck to be changed to Nov 18 (2) addi- tion of Mr. Jinmie Dunham as present during the Oct 27 meeting and (3) change of name from Walter to Elton Schertz in Nov 1 minutes. Changes were so recorded. Financial statement of Oct 31, 1969 was read and accepted. Ordinance number 200 relat:1ng to armexatioo of the VonSeheele property was 53~/;~ read. Mr. Koym motiOned for acceptance. Motion was seconded by Mr. Koch and approved unanimously. Ordin., ce nunber 200 reads as follows: ORDINRJCE NO. 200 Am..6AJ.NG '!HE HEREINAl'T.I!.n DESCRIBED ',L'J:!.:rtn.ITORY 'lO THE CITY OF SCHERTZ, GUADALUPE COUNTY TEXAS, AND EXTENDING THE Buu~JJARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEM.ui- Au.1!dt DESCRIBED PROPERTY WI'lHIN SAID CITY LD,.u.:>, AND THE RIutu.:> AND' PRIVILmES OF OTHER C mZENS AND BINDING SAID INHABITANl'S BY ALL OF THE ACTS, ORDmANCES, RESOLU~ TIONS AND REGUIATIONS OF SAID CITY. WHEREAS, a petition has been signed by a majority of the property owners who are citizens of the State elf Texas ald inhabitants of the fo11ow- .. I ing de scribed territory , to-wit; BEGINNnm at a point, the intersectia1 of the north ~ line of Live Oak Road with the east ROW line of Maske Road, said point being in the City Limits line of the City of Schertz; ,.~.I."'.,L;.:j~j(j ... #~":-ilil 141 o THENCE N ffJ E 2330 feet, ......~'" or less, the said north RC1t1 line of Live Oak Road to the southwest corner of the Henry Gutierrez 22.17 acre tract; THENCE S 300 E 40 feet to a point in the south ROW line of Live Oak Road; THENCE N 590 58' "II" E 869.08 .feet al ong the southeast ROW line of Live Oak Road to a point being the following three courses .from the northeast ext... wol..:.ty o.f a 101.52 feet, cut-off line to the west ROW line of FM 3009; N 7~ 43 t 57" W 101.52 feet; S 610 09' 40 40" W 207.88 feet S 590 58' II" W 156.85 feet to the point of beginning; . Trt.l!,l'JCE S 2~ 21' 22" E 249.67 feet to an angle point; THENCE N 6480 42' 00" E 156.07 feet to an angle point; THENCE S 250 18' 00" E 458.55 feet to an angle point; THENCE S 060 47' 40" E 376.32 feet to an angle point; THENCE S 890 49' 29" E 135.93 feet to the PC of a curve to the left; I : THENCE northeasterly along said curve to the left having a radius of 25 fee t, and arc length of 39.72 feet to a point on the curved west ROW line of FM 3009; THENCE southwesterly aloog the curved west ROW l:i1le of FM 3009, having a radius of 2804.79 feet an arc distance of 208.53 feet and a chord whose bearing is SOlo 16' 29" W 208.48 feet to a point; THENCE N 890 49' 42" W 178.41 .feet to an angle pDint; THENCE S '570 19' 23" W 950.40 feet to an angle point; THENCE S 290 56' 17" E 9.95 .feet to an angle point; THENCE S 600 03' 43" W 180.00 feet to a point on the south- west boundary line of the Ottomar Dietz 250 acre tract; r- I I I o . THENCE N 29 56' 17" W 1265.38 feet along the southwest boundary line of said Ottomar Dietz 250 acre tract to a point in the south ROW line of Live Oak Road; '!HENCE S 600 W 1910 feet, more or less, with the south ROW of Live Oak Road to a point in the City Limits line of the City of Schertz; THENCE N 300 W 40 feet with the City Limits line of the CiW of Schertz, to the point of begiming; Containing 40.453 acrel!! mare or lesl!!: 142 ~AS, said petiticn, desiring and requesting the annexatioo of said territory of said city, has been presented to the City Council and has attached to it the aff'idavit of' said aw1icant to the ef'fect that said petition is signed by a majority of the qualified voters within such pro- perty; NOW THERE FOR, BE IT ORDA.u~MI BY THE CITY OOUNCIL OF THE CITY OF SCHERTZ, TEXAS: That the f'ollowing described property, to-wit: BEGINNING .at a point, the- intersectiCl'l of' the north ROW line of Live Oak Road with the east. ROW line of Maske lload, said point being in the City Limits line of the city of' Sch!!rtz; o THlNCB N 60 E 2330 feet, more or less, with said north ROW line of Live Oak Road to the southwest corne~ of the Henry Gutierrez 22.17 acre tract; THENCE S 300 E Lo feet to a po.int in t~ south ROW line of Live Oak Road; THENCE N 590 581 11" E 869.08 feet along the southeast ReM line of Live Oak Road to a point being the f_ollowing three courses from the north- east extremity of 101.52 foot cut-off line to the west ROW line of FM 3009; N 7rf> L31 57" W 101.52 feet; S 610 091 LO" W 2m .88 feet; S 1)90 58111" W 156.85 feet to the point of beginning; THENCE S 2~ 211 22" E 2L9.67 feet to an angle point; THENCE N 6Lo L21 00" E 156.07 feet to an angle point; THENCE S 2S-<> 181 00" E L58.55 feet to an angle point; THENCE S 060 L71 Lo" 376.32 feet to an angle point; THENCE S 890 L9' 29" E 135.93 feet to t~ PC of a curve to t~ left; . I ! THENCE no:btheasterly along said curve to the left having a radius of 25 feet, an arc length of 39.72 feet to a point on the curved west ROW line of FM 3009; THENCE southwesterly along the curved west ROW line of PM 3009, having a radius of 280L.79 feet, an arc distance of 208.53 feet and a chord whose bearing is S 010 161 29" W 208.L8 feet to a point; THENCE N 890 L91 L2" W l78.Ll feet to an angle point; THENCE S r;)70 19' 23" W 950.Lo feet to an angle point; THENCE S 290 561 17" E 9.95 feet to an angle point; THENCE S 600 03' L3" W 180.00 feet to a point on t~ southwest bound- ary line of the Ottomar Dietz 250 acre tract; THENCE N 290 56' 17" W 1265.38 feet along the southwest boundary line of said Ottomar Dietz 250 acre tract to a point in the south RCM line of' Live Oak Road; .. ._ _~. _0." ~.... _,_~ ;,~ "'~.:.; ~.'!, :: :;"'':~1 ;:?I..::..::R~ ~ ...: ;.. ...",".~.Ul , . 14'-3 THENCE S 600 W 1910 feet, more or le88, with the south ROW of Live Oak Road to a point in the City Limtts line of the City of Schertz; THENCE N 300 W Lo feet with the City Limits line of the City of Sche rtz to the point of be ginning; CONTAINING 40.453 acres more or Ie SSe be and the same is hereby annexed to the City of Schertz, Guadalupe County, Texas, and that the boundary limit. of the City of Schertz be and the saTTe are here by extended to include the above descri- bed territory within ,the city limits of the City of Schertz, and the same shall here after be included within the territorial limits of said ci'ty, and the inhabitants there of shall hereafter be entitled to all rights and privilege8 of other citizens of the City of Schertz and they ::hall be bound by the acts, ordinances, resolutiCJ1 s and regulations of said city. PASSED by an affirmative vote of all members of the City Council this the 6th day of November, A.D., 1969. .....- I I i I APPROVED: /s/ ROY W. RICHAlID Mayor ATTEST : /s/ ROBERT C. BUEKER City Secretary Council approval was given for transfer of budgeted funds in the amount of $3,000.00 to the City Fire Departnent. Discussion was held on fire drill attendance. A bill submitted by Sawtelle, Goode, Troilo, Davidson & Leighton, Attorneys At Law in the amount of $4 C;.OO for consultant services was approved by the council. Public disucssion was held on the advantages/disadvantages to be derived from the franchise or purchase of electric utility system for the City. Feasibility study will be conducted. Proposed expansion of the City Sewage System was discussed. Pro- posal to increase effluent now will be brcnght before the Texas Quality Water Control Board at a public hearing to be held at the Samuel Clemen's High School Nov 18. Mr. Cross explained proposals to be taken up with Universal City Engineers for providing .ewage outlets to meet disposal needs of that City in the area north of Maske Rd. Open discussion was held on a propo8al for City Sales Tax. No conclusions were drawn. 144 Mr. Mok, consultant to the City Planning Commission, listened to dis- cus*ions on: widening of PM 78, widening of Elbow Rd, resurfacing of Live Oak and proposed widening; acquisition of land for a new City Hall and alternative proposal for leasing of an existing building for City Hall operatioos_; l, and City Parks development. Mr. Mok, deferred answering on the above subjects pending eval uatioo of known facts and furth er study. Answenr _J will be forthcoming. Recommendation was made that Resident District Engineer, Walter Ehlers, Seguin be invited to attend the Dec8mbercouncil meeting for dis- dussion of FM 78 widening. It was recommended that th! existing San Antonio job specifications be adopted for use by the City of Schertz wh!!re applicable. Mr. Saegert was ..ked to write a res 01 uti 00 to this effect. A letter from Coastal States Gas Producing Co~ requesting payment of a consultant fee for pre liminary engineering costs was dismissed by the City Council as unwarranted follatng explanatioo by Mr. Cross that no request was ever made for a consultant. Letter of cost denial will be returned. Motion to adjourn was made by Mr. Dunham and seconQ,d by Mr. Koym. Meeting adjourned at 10:30 p.m. R~ C))'- D.,..} Mayo"; - R6;-f~rd AT'l'~ &{e,~ C;it;~t.17 Robert C. Bueker MINUTES OF THE MEETING OF THE CITY COUNCIl OF THE CITY OF SCHERTZ, TEXAS. HELD ON THE 7TH OF NOVEMBER 1969 A special meeting of the City Council convened at tIE order of Mayor Roy W. Richard at 4:30 p.m., November 7, 1969 in the Schertz CiV Hall. Mr. Raymond G. Koym presided. In attendence were Aldermen Jinrnie V. Dunham and Malford C. Koch. Ordinance nuni>er 202 relating to annexation of pro- perty belonging to Henzy Gutierrez was read as follows: ANNEXING THE HEREIN.\FTER DESCRIBED TERRITORY TO THE CITY OF SCHERTZ, GUADALUEE COUNTY, TEXAS, AND EXTENDING THE BaJNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREIN. ARTER DESCRIBED PROPERTY WITHIN SAID CITY LII-'J"TS, AND THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BIND:rNG SAID INHABITAN'lS BY ALL OF THE ACTS, ORPINANpES, RESOLUTIORS AND REGULATION OF SAID CITY. r I I I WHEREAS, a petition has been signed by a majority of the prop!rtgr owners who are citizens of the State of Texas and inhabitants of the following described territory, to-wit; BEGINNING at a point in the north ROW line of Live Oak Road, the southeast corner of the Henry Gutierrez 22.17 acre tract and a corner of the City Limits line of the City of Schertz; L 'f"1f' r~,~~,;, lft'~I,;:'III!::' '1''''>\ .~. .llIII('\':,:;t ,~ ~~;_.;~. lit. :~,,,L~:ti;i.,,--':~~~riI."ii' . '1,1..' ,oJ'''''' 14'5 o THENCE N 30 W 722.8 feet to the northwe:st corner of said Henry Gutierrez 22.17 acre tract; THENCE N 600 E 1339 feet to the northeast corner of said Henry Gutierrez 22.17 acre tract lying in the west ROW line of FM 3009; THENCE N 300 30' W 1500 feet to a point in the west ROW line .)J :of'FM;3009; THENCE N 1)90 30' E 120 feet to a point in the east ROW line of FM 3009; THENCE S 300 30' E 1038 feet, more or less, to an angle point in the east ROW line of FM 3009; 'lHENCE S 35" 39' E 200.8 feet to an angle point in the east ROW line, of FM 3009; TRRNCE S 300 30' E 929.7 feet to an angle point in the east ROW line,o!'JFJ;3009; 'IHENCE S 6~ 53' E 69.1 feet to a point; THENCE S 300 30' E 47.6 feet to a point in the sooth ROW line of Live 6ak Road; THENCE S 590 30' W 276 feet toa point; THENCE S 61 0 10' W 207.9 feet to a point; THENCE S 590 58' W 156.8 feet to a point; THENCE S 1)90 58' W 869.08 feet to a point, a corner of the City Limits line of the City of Schertz; THENCE N 300 W 40 feet with the City Limits line of the City of Schertz to the point of beginning; Containing 30.2 acres, more or less, save and except the east portion of FM 3009 which may be in Cibolo's extra territorial juris- dietion. Metes and bounds of this territorial jurisdiction are apparently undefined. WHEREAS, SAID 1'J!irtttITORY IS ADJOINING THE City of Schertz, and; WHEREAS, said petitim, desiring and requesting the annexation of said territory of said city, has been presented to the City Council and has attached to it the affadivit of two (2) of said applicants to the effect that said petition is signed by a majority of the ~ualified voters within such property: NOW THERE FOR, BE IT ORDAINED BY THE CITY CCUNCIL OF THE CITY OF SCHERTZ, TEXAS: That the follCMing described property, to-wit: 146 BEGINNING at a point in the north ROW line of Live Oak Road, the southeast corner of the HenlY Gutierrez 22.17 acre tract and a cormr of the City Limits line of the City of Schertz; THENCE N 300 W 722.8 feet to the northwest corner of said Henry Gutierrez 22.17 acre tract; THENCE N 600 E 1339 feet to the northeast corner of said Henr,y Gutierrez 22.17 acre tract lying in the west ROW line of FM 3009; THENCE N 300 301 W 1500 feet to a point in the west ROW line of FM 3009; THENCE N 590 30' E 120 feet to a point in the east RC1N line of FM 3009; THENCE S 300 30' E 1038 feet, more or less, to an angle point in the east 1IOW line of FM 3009; THENCE S 3~ 391 E 200.8 feet to an angle point in the east ROW line of FM 3009; THENCE S 300 301 E 929.7 feet to an angle point in the east ROW line of FM 3009; THENCE s 6~ 53' E 69.1 feet to a point; THENCE S 300 30' E 47.6 feet to a point in the south ROW line of Live Oak Road; THENCE S 590 301 W 276 feet t~ a point; THENCE S 61 0 10' W 207.9 feet to a point; THENCE S 590 58' W 156.8 feet to a point; THENCE S 590 58' W 869.08 feet to a point, a corner of the City Limits line of the City of Schertz; THENCE N 300, W 40 feet with the City Limits line of the City of Schertz to the point of beginning; I , I Containing 30.2 acres, more or less, save and except the ealilt por- tion of PM 3009 which JlBy be in Cibolo's extra territorial jurisdiction. Metes and bounds of this teITitorial jurisdiction are apparently undefined. 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 extenoed to include the' above described teITitory within the city limits of the City of Schertz, and the same shall here after be included within the territorial limits of said city, and the inha- bitants thereof shall hereafter be entitled to all rights and privi- 'leges of other citizens of the City of Schertz and they shall be bound by the acts, ordinances, resolutials and regu1atims of said City. PASSED by an affirmative vote. of all IIJ!!mbers of the City CounCil, this the 7th day of NI..HclIJber, A.D., 1969. .. ''''~_''''''~'''..lO'' "'".!":' '~"""~l1:\"!! ~ .. ~: t .~1l; ~m'i..;i ~,J~,,~t,L~~:a2.dt,'~. U\; ,;. , , 147 , APPRO VED: /s/ ROY W. RICHARD , Mayor ATTEST: /;S/ ROBERT C. BUEKER City Secretary Mr. Dunham motioned the Ordinance be adopted as read. Motic.n was seconded ,;. i:.~ by Mr Koch and carried unallimously. Meeting adjourned at 4:45 p.m. 5 .' ~ APPROVED : Mayor - ltO)" W. Richard A Tl'EST : &J u~4J,~ City ~ecretary - Robert C. Bueker MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS HELD ON THE 10TH OF NOVEMBER 1969 A special meeting of the City Council of the City of Schertz was convened on Nov. 10 at 4:30 p.m. by direction of the Mayor Roy Richard. Raymond G. Koym, Alderman, presided. Also in attendance were Aldermen Jimmie Dunham, Leonard Kazben and Malford Koch, such b~ constituting a quorum. Ordinance No. 201 relating to the annexatiCll of property belonging to Mr. Wayne Kinsel was read as follows: ANNEXING THE h1!;.ttI!iINAl'T~.J( DESCRIBED TERRITORY TO THE CITY OF SCHERTZ, au ADALUPE COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID h!!J1t1!.IN- M -l-.I!Irt DESCRIBED PROPERTY WITHIN SAID CITY LINITS, AND THE RIGHTS AND PRIVILEDGES OF OTHER CITIZENS AND BINDING SAID INHABITAN'lS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS AND REGULAT IONS OF SAID CITY. 1offiEREAS, a petiticn has been signed by a majority of the pro- perty owners who are citizens of the State of Texas and inhabitants of the following described territory, to-wit; BEGINNING at a point in the west RO'tl line of FM 3'X>9, a corner of the City Limits line of the City of Schertz; THENCE N 290 49' W 1614.3 feet with the west ROW line of FM 3009 to a point; THENCE S 590 12' 28" W 712.81 to a point; THENCE N 300 22' W 490.57 to a point; THENCE N 590 40' 30" E 718.0 to a point in the west ROW line of FM 3009; 148 THENCE N &)0 11' E 120.0 feet to a point in the ea~t HOW line of FM 3009; T!1..l!.NCE S 290 49' E 1614.3 feet to a point :in the ea~t ROW line of PM 3009; a corner of the City Limits line of the City of Schertz; THENCE S 600 11' W 120.0 feet with the City Limit~ line of the City of Schertz to the point of beginning; Containing 13.8 acres, more cr less. Wlu!.!1.6AS, SAID .L.6M.I'IDRY is adjoining the City of Schertz, and WHEREAS, said petition, desiring and requesting the annexatim of said territory of said city, has been presented to the City Council and has attached to it the affidavit of two (2) of ~aid applicants to the effect that said petition is signed by a I1Iljori ty of the qualified voters within such property; NOW Thlirt15 FOR, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: That the fciLIClW'ing de~cribed property, to-wit; BEGINNING at a point in the west ROW line of FM 3009, a corner of the City Limits line of the City of Schertz; THENCE N 290 49' W 1614.3 feet with the west ROW line of FM 3009 to a point; THENCE S 590 121 28" W 712.81 to a point; THENCE N 300 22' W 490.;r to a point; THENCE N 590 40' 30" E 718.0 to a point in the west ROW line of FM 3009; THENCE N 600 11' E 120.0 feet to a point in the east RCM line of FM 3009; THENCE S 290 49' E 1614.3 feet to a point in the east ROW line of FM 3009; a comer of the City Limits line of the City c:K Schertz; '!HENCE S 600 11' W 120.0 feet with the City Limits line of the City of Schertz to the point of beginning; Containing 13.8 acres, more or less. be and the same is hereby annexed to the City of Schertz, Guadalupe County, Texas, and that the bcundary limits of the City of Schertz be and the same are hereby extended to include the above described terri- tory within the city limits of the City of Schertz, and the same shall here after be included within the territirial limits of said city, and the inhabitants thereof shall hereafter be entitled to all rights and pri- vileges of oth!r citizens of the Ci"ty of Schertz and they shall be bound by the acts, ordinances, resolutions and regulations of said City. ~:\~~.,'" . .,.,..:lIra ' lii..... .~~,~"A.. .Jt 1\1. ~".jo.i >j,tii~, 149: r PASSED by an affirmative vote of all members of the City Council this lOth day of November A.D., 1969. APPROVED: /s/ Roy W. Richard Mayor Attest: I sl Robert C. Bue ker City Secretary Mr. Koch motiClled the Ordinance be adopted as read. Mr. Dunham seconded 55-/"1 and the motion carried unanimously. Meeting adjenrned at 4 :40 p.m. APPROVED: _ R~LP: 0 ",J Mayor ff Hoy V:~~ AT~t: ~ liity Secretary - Robert (;. Bueker MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS HELD ON THE l~TH OF NOVEMBER 1969. A special meeting of the City of Schertz City Council convened at the order of Mayor Roy W. Richard on November l~, 1969"at 07:30 a.m. "In atten- dence were Aldermen Jimmi.e Dunham, Malford C. Koch, Edgar T. Marx, Leonard J. Kazben and_ Raymond G. Koym. Proposed city ordinance 1120~ involving the annexation to the City of Schertz that property belonging to Elton Schertz and approximating 136.6 acres was read. ORDINANCE NO. 20~ ANNEXING THE REHEINAFI'ER DESCRIBED TERRITORY TO THE CITY OF SbJlll:!,ttTZ, TEXAS, GUADALUPE COUNrY, AND EXTENDING THE BOUNDRY LIMITS OF SAID C TTY SO AS TO INCLUDE SAID h.t!dt.l.!.t.J..rJ- Al'TJ2t DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINJtCES, RESOLUTIONS AND REGULATIONS OF SAID CITY. WHEREAS, a petition has been signed by a maj ority of the prcp€rty owners who are citizens of the State of Texas and inhabitants of the following described territory, to-wit; BEGINNING at a point in the West Row line of FM 3009, a corner of the City Limits line of the City of Schertz; THENCE N 290 49' W 320.0 feet, more or less to a point in the West Row line of FM 3009; 15'0 THENCE N 1)90 1)3' E 12q.O feet to a point in the east ROW' line of PM 3009; '!HENCE N 1)90 1)3' E with the north boundary line of the Elton Schertz tract 2520 feet to a point in said north boundary line; THENCE S 290 49' E 2345.0 feet, more or les~, to a point in the south boundary line of the Elton Schertz tract; mENCE S .1)90 1)3' W with the south boundary line of the Elton Schertz tract 21)20 feet to a point in the east Row line of PM 3009, which point is in the City Limits line of the city of Schertz; THENCE N 290 49' W with the said City Limits line of the City df Schertz 2021).3 feet to a come'r of said City Limits line; THENCE S 600 11' W 120.0 feet with said City Limits line of the City of Schertz to the point or beginning; \ I Conta:1ning 136.6 acres, more or less; ~, said territory is adjoining the City of Schertz and WHEREAS, said petition, desiring and requesting the annexatiel) of said territory of said city, has been presented to the City Council and has attached to it the affadavit of two (2) applicants to the effect that said petition is signed by a majority of the qualified voters wi thin such property; NOW THERE FCR, BE IT ORDAINED BY THE CITY COONCIL OF THE CITY OF SCHE~TZ, TEXAS: That the following described property, to-wit; BEGINNING at a point in the West Row line of FM 3009, a corner of the city limits line of the City of Schertz; '!HENCE N 290 491 W 320.0 feet, more or less to a point in the We st ROW' line of FM 3009; THE::CE N 590 53' E 120.0 feet to a point in the east ROW' line of FM 3009; THENCE N 590 1)3' E with the north boundary line of the Elton Schertz tract 21)20 feet to a p.oint in said north boundary line; THENCE S 290 491 E 2341).0 feet, mOle or less, to a point in th~ south boundary line of the Elton Schertz tract; THENCE S 1)90 531 W with the south boundary line of t~ Elton Schertz tract 2520 feet to a point in the east ROW' line of FM 3009, which point is in the City Limits line of the City of Schertz; A"~.~,.j. . .~--. ..,' .. ."" .....~~ u ,,;;,"",liiiirii ~~.ii: 'I ; cl~ ':~:'I' ":l::~,t>,,i1',1i,~,,~ 151 ,-- ';'~ THENCE N 290 L9lW with the said City Limits line of the City of Schertz 2025.3 f'eet to Ii corner of said City Limits line; TI-JENCE S 600 11' W 120.0 feet with said City Limits line of the City of Schertz to the point of beginning; Containing 136.6 acres, 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' Sche rtz be and the same are hereby extended to include the above described territory within the city limits of the City of Schertz, and the sane shall after be included wi thin the territorial limits of said city, and the inhabitants there of shall hereafter be entitled to all rights and privileges of other citizens of tl"e City of' Schertz and they shall be bound by the acts, ordinances, resolutioos and regulations of said City. this the PASSED, by an ~firmative vote of all Irembers of the City Council, tI"'!::- day of .(~/./--./~, A.D. 1969. . APPROVED: ~qi"Q~J ,...-- ATTEST: &~e~~ City Secretarv MINUTES OF THE MEETING OF THE CITY CaJNCIL OF THE CITY OF SCHERTZ, TEXAS HELD ON THE 17TH OF NOVEMBER 1969 A special meeting of the City of Schertz City COlllcil was held at the ortier of Mayor Roy W. Richard at 7 :30 a .m., November 17, 1969. In attendance were Aldermen Halford C. Koch, Leonard J. Kazben and Raymond G. Koym, such body representing a quonun of said City Council. Proposed city ordinance #20L involv~g the annexation to the City of Schertz that property belonging to Elton Schertz a;"lproximating 70.0 acres was reada ORDINAr.xJE NO. 204 ANNEXING THE HEREINAFTER DESCRIBED TERRI'IDRY TO THE CITY OF SCHERTZ, GUADAllJPE COUNTY TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINU'l.J:!.lt DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND THE RIGHTS AND PRIVILEDGES OF OTHER CITIZmS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS AND REGULATIONS OF SAID CITY. WHEREAS, a petition has been signed by a majority of the property owners who are citizens of the State of Texas and inhabitants of the following described territory, to-wit: ' BEGINNING at a corner of the City Limits line of the City of Schertz, said corner lying in the north boundary line of the Elton Schertz tract out of the Robert Martin and Solen F. Walker Survey No. 118 152 ........ - and the Dorotis Hernandez Survey No. 76, Guadalupe County, Texas; THENCE N 590 53' E with the s~id north coundary of the Elton Schertz Tract 1299.0 feet, more or less, to the northeast corner of said Elton Schertz tract; o . . THENCE S 29 49' E with the east boundary of said Elton Schertz , tract 2345.0 feet, more or less, to the southeast corner of said Elton Schertz, tract; THENCE S 590 53' W with the south boundary of said Elton Schertz tract 1299.0 feet, more or less, to a point in said south boundary being a corner of the City Limit s line of the City of Schertz; THENCE N 290 49' W with the said City Limits line of tll! CiV of' Schertz 2345.0 feet to the point of beginning; Contaiaing 70.0 acres, more or less. Wfu!,bLI!.AS, said territory is adjoining the City of Schertz, and WHEREAS, SAID PETITION, DESIRING AND REQUESTING THE ANNEXATION OF SAID TERRITORY OF SAID CITY, H.IS JjJ!,j!.l'l PRESElu.I!dJ TO THE CITY COUNCIL AND HAS ATTACHED TO IT THE Al'ra.aAVIT OF TWO (2) APPLICANTS TO THE J!d'l'.I!.liT THAT SAID PETITION IS SIGNED BY A MAJORITY OF THE QUALIFIED VU.1.1!.nS WITHIN SUCH PROPERTY: NC1N ThL!.lU!.FOR, BE IT ORDAINED BY '.mE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: That the following described property, to-wit; BEGINNING at a comer of the City Limits line of the City of Schertz, said corner lying in the north boundary line of the Elton Schertz tract out of the Robert Martin and Solen F. Walker Survey No. 118 and the Dorotis: Hernab,dez Survey No. 7~, Guadalupe Ccnnty, Texas; ~CE N 590 53" E with the said north boundary of the Elton Schertz tract 1299.0 feet, more or less, to the northeast corner of said Elton Schertz tract; THENCE S 290 49' E with the east bOlmdary of said Elton Schertz tract 2345.0 feet, more or less, to the southeast corner of said Elton Schertz tract; THENCE S 590 53' W with the south boundary of said EJ. ton Schertz tract 1299.0 feet, more or less, to a point in said south boundary being a corner of the City Limits line of the City of Schertz; THENCE N 290 49' W with the said City Limits line of the City of Schertz 2345.0 feet to the point of beginn~; CONTA.Ll'I.L1'lG 70.0 acres 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 sane are hereby extended to include th! above described territory with1n the city limits of the City of Schertz, and the same shall here after be ~ ~.;w:...u.~~..'~,j,:~~t ~~, ....~'~~'9lE.. ::~::.."~ ~ J::!~-' 153 included within the territbrial limits of said city, and the inhabitants thereof' shall tereaf'ter be entitled to all rights and privileges of other citizen:s of the City of Schertz and they shall be bound by the acts, ordinaaces, resolutions and regulations of said city. PASSED, by an affirmative vote of all members of the City Council, this the J.fIb- day of ;(~"-" , A.D., 1969. APPROVED: /s/ RoyW. Richard Mayor ATTEST: /s/ Robert C. Bueker City Secretary Motion to accept the proposed ordinance as read was made by Mr. Koch, 5&.- '" CJ sec onded by Mr. Kaz ben and carrie d unanimously. Moti Cl'1 to a dj ourn wa s made by Mr. Koym, seconded by Mr. Koch. Meetin~ adjourned at 7: rn a.m. APPROVED: ~~Q~ad ATTEST: /r?/~e ~ City Secretary MINUTES OF THE MEETOO OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS HELD ON THE 20TH OF Nvvr..t4BER 1969. A special meeting of the City Council of the City of Schertz was called by Mato;!' Roy W. Richard to convene at 8:00 p.m., 20 November. Aldermen in attendance included Raymond G. Koym, Edgar T. Marx, Maltor.d C. Koch, Jimmie V. Dunham and Leonard J. Kazben. Proposed City Ordina nee number 206, "Purchase of Fire Department Equipment" was read as follows: ORmNANCE # 206 APPROVING THE BIDS OF SIMMS FIRE ~UIPMENT CO., INC. BY THE CITY OF SCHERTZ, TEXAS, FOR THE PURCHASE OF FIRE ~TTIPMENT AND AUTHORIZING THE ISSUANCE OF THE CITY OF SCHERTZ, TEXAS, TIME WARRANTS SERIES, 1969, AGGREGATING $30,000.00 BEA.ltING INTEREST AS THEREIN SPECIFIED FOR THE PTTRPOSES OF PAYING FOR FIRE EQUIPMENT FOR TIlE CITY OF SCHERTZ, TEXAS, AND PROVIDING FOR THE LEVYING AND COLLECTION OF TAXES ON ALL OF THE TAXABIE PROPERTY IN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SAID WARRANTS AND THE PRINCIPAL AS IT }',A TURES AND DECLARING AN EMERG:m Cy. 154 WHEREAS, as shown by ordinance heretofore made the City of SCh!rtz, Texas, authorize the purchase of certain' fire equipment for the fire de,..rtrrent of the City of Schertz, Texas, am; r--' i~ WHEREAS, on the 20th day of November, 1969, to which .date the said council had recessed from a meeting held for the he re ina f'ter set Cllt pur- poses on November 6, 1969, the City of Schertz, Texas, acting by and through its Mayor authorized by the City COlmcil accepted the bid of Sinuns Fire Equip. Co., Inc. to furnish the said City of Schertz, Texas, certain fire equipment in accordance with notice to bidders issued by said City, whereby the said Simms Fire Equipment Co. Inc. is obligated to sell and deliver the aforesaid fire ~quipment, to said city and; WHEREAS, the City Council finds and adjudicates: (I) That all legal requirements in reference to said purchase of fire equipment and notice to bidders in connectiCJ'l therewith and in reference to the organization of this meeting and in reference to passing this ordinance have been complied with, and (2) that pursuant to proVisioos of Chapter 163, acts of "the Regular Ses- sion of the Forty-Second Legislature of the said City is duly a:thorized to issue time warrants for the payment to said fire ecpipment, am; WHEREAS, the City does not have on hand funds available for the pur- pose of paying for said fire equipmentr but will have funds on hand from taxation sufficient to pay for warrants rerein authorized; now, therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: 1. That the bid of Sirrms Fire Equip. Co., Ind. for the sale of fire equiprrent to the City of Schertz, Texas, as herein above designated is hereby in all things ratified, confirmed, approved and adopted as an act of said city; 2. That the terms of the said bid contains the provision that time warrants be issued to the lowest and best bidders as above mentiooed to be denominated, the City of Schertz, Texas, Tine Warrants, Series of 1969, in payment therefor arid such warrants in the sum of $30,000.00 payable to bearer be issued evidencing the indebtness due by said city for the paynent for the fire equipment aforesaid and incidental costs therewith; 3. Said warrants shall be numbered from one (I) to ten (10) inclusive, shall be in the denominatioo of Three Thousand Dollars ($3,0')().OO) each, aggregating Thirty.Thousand Dollars ($30,000.00). They shall be dated November 20, 1969, and shall bear interest at the rate of six per cent (6t) per annum payable Novenl:ler 19, 1970, and armually thereaf'ter on the 19.day of No'Vember of each year, which interest is a part of the contract price agreed to be paid for said fire equipment and incidental services. Such warrants shall provide that same may be redeened or any of such warrants may be redeeITed on any interest bearing date upon payment of principal of said warrants and the accrued interest thereon. Principal and interest shall be payable at the Schertz Sta te Bank, Scherta, Texas, and said war- rants shall be made to mature as fOllows: . ';,;L:;mr. :::J ..;~" ,4:";i~., " 1'5'5 1 2 3 4 5 6 7 8 9 10 MATURITY ])A. TES November 19, 1970 November 19, 197~ November 19, 1972 November 19, 1973 November 19, 1974 November 19, 1975 Noveml:er 19, 1976 November 19, 1977 November 19, 1978 November 19, 1979 AMOUNTS iolARRANT NUMBERS $3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 4. Said warrants shall be signed by the Mayor, countersigned by the City Secretary, and registered by the City Treasurer and the Beal of the Ci ty shall be impressed upon each of them. 5. The form of such warrants shall be as follows: No. $3,000.00 UNITED STATES OF AMERICA STATE OF TEXAS CITY OF SCHERTZ TIME W~lffiANTS S.l!itU.J:!;S 1969 The city of Schertz, Texas, a municipal corporation in Guadalupe County, Tex'ls duly incorporated under the general laws of the state of Texas for value received, acknowledges itsel~ indebted to the bearer, on the 19th day of November, 1970 in the Sl1m of ($3,000.00) Three Thousand Dollars in lawful money of the United States of America, with interest thereon from date hereo~, at the rate of six per cent (6<t) per annum, payable November 19, 1970 and annually thereafter on the 19 day of November of each year which interest is evidenced by coupons attached hereto, principal and interest payable at the office of the Schertz State Bank, Schertz, Texas, upon presentation and surrender of warrants or proper coupons; and the City Treasurer is authorized, ordered and directed to pay bearer said principal sum and interest as the same matures., The city of Schertz, Texas, reserves the right to prepay on any interest paying date this warrant upon paynent of accrued interest. In the event the sum of money evidenced by this warrant and annexed coupons shall not be paid at maturity, the same shall thereafter bear interest at the rate of six per cent (6~) per annum, until fully pajd, and in the event of such default and it becomes necessary for the holder hereof or of any of the coupons attached hereto to place claim therefor in the hands of an attorney for collection or to institute suit hereon, then said City obligates itself to pay to holder anc'!additional ten per cent as attorney's fees. THIS WARRANT, is one of a series of ten warrants of like date and tenor except as to maturities, numbered One (1) to Ten (10) incluBive, in the denominatioo of $3,0)0.00 each, aggregating the sum." of.$30,OOO.OO, issued for the purpose of evidencing the indebtness due by said City to the bearer, for purchase of fire equipment for sl1ch city; and pursnant to an ordinance passed by the City Council o~ said City, which ordinance is recorded in the Minutes of said Council. 156 THE DATE of this warrant in conformity with the ordinance above men- tioned is November 20, 1969. LJ AND. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, am things required to be done, precedent to aad in the issuance of this war- rant and of this series of warrants, have been properly done, have happened and been performed in regular and due time, form and manner as required by law, and that the total indebtedness of said City, including this warrant and the entire series of which this is one, does not exceed any consti- tutional. or statutory limitation; and that a sufficient tax to ray the principal and interest of this warrant and the entire series of which this is one has been levied for said purpose and will continue to be armually levied, assessed and collected while said warrants or any of them are outstanding. IN TESTOONY W'ht.ltt'..OF, the City Council of the City of Schertz, Texas, has caused the seal of said City to be tereto affixed and this warrant to be signed by the Mator, countersigned by the Citvr Secretary, and registered by the City Treasurer, and the interest coupons hereto attached to be exe- cuted by the printed fac-simile signatures of the Mayor and City Secretary as of the 20th day of November, A. D., 1969. COUNTERSIGNED: /s/ Roy W. Richard Mayor, City of Schertz, Texas aJe/ Robert C. Bueker lIity Secretazy, City of Schertz, 'Texas REGISTERED as of the 21st day of November, A.D., 1969. 1s/ Robert C. Bueker City Treasurer, Gity of Schertz, Texas. 6. The form of interest coupons attached to each of said warrants shall be substantially as follows: No. ON THIS THE DAY OF 19 $ the city treasurer of the City of Schertz in Guadalupe County, Texas, will pay to the bearer at the Schertz State Bank, Schertz, Texas, the sum of roLlARS being month's interest due that date on the "City of Schertz Time Warrants, Series 1969" dated November , 1969. WAIlRANT NO. MAYOR ! L CITY SEvM1ARY '.'fi"" ,- ~' ,',;"~''-' ,,',,"', ""'"""':,l',")\o::,,,,~',>I:'; ~. ._. - ",~.~.:t':l 1'-i!L~..b".4/ 157 7. Be it further ordained by the City Council of the City of Schertz, that to pay the interest and to create a sinking fund to retire said warrants at their maturity and to provide 10% attorneys' fee~ in even t of default, a tax at a sufficient rate on the one hundred dollars valuation of all tax8ble property in the said City, out of the $1.~0 taxing fund of said City to produce the sum of $L,800.00 is hereby levied for the year 1970, that during tre year 1971 and each year there- after while any of said warrants are outstanding and unpaid a nd at the time other city taxes are levied in each of said years there shall be computed and ascertained what rate of tax based upon the latest approved tax rolls of said City will be necessary, requisite and sufficient to fully made, raise, and produce in each of said years the amount of principal necessary to be raised for that year, plus the interest maturing in said year upon the amount of this series of warrants outstanding and unpaid and provide for 10't attorney's fees in case of defa ul t, and for each of said years there is hereby ordered to be and there is hereby levied and ordered to be assessed and collected in due time, form and manner a tax at the rate Which shall be found necessary as aforesaid, and all 'the proceeds of such taxes shall be placed in a separate fund for this series of warrants, known and designated as "City of Sc~rtz Time Wa:brants, Series of 1969," and the City Treasurer shall not honor any draft upon said fund or payout any of the same except in the pay- ment of interest on said warrants or for returning the same, or for attorneys' fees as provided above. r-- 8. The Mayor and City Secretary are hereby directed to execute said warrants, and the Treasurer is hereby directed to register them, and said officers are hereby directed to deliver said warrants to ~imms Fire Equipment Co., Inc. in consideration for the delivery to the City of said time equipment when same shall have been delivered to the City and accepted by the City as in accordance with the contract. PASSED AND APPROVED, this the 20th day of November, A. D., 1969. (SEAL) /s/ Roy W. Richard Mayor," L:ity of Schertz, Texas. ATTEST: /s/ Robert C. Bueker City ~creta~, City of Schertz, Texas THE STATE OF TEXAS, I COUNTY OF GUADALUPE, I CITY OF SCHERTZ. 0 I, the undersigned City Secretary of the City of Schertz, Texas, hereby certify that the foregoing is a troo and corl!'ect copy of an ordinance passed by the City Council of the City of Schertz, Texas, held at the City Hall in said City on the 20th day of November, 1969, which ordinance is recorded in Book 3, page 153, et seq., of the Minutes of said City Council. 15'8 57'(P? 5 g,tp1 5"rlP? (,() , (, ~ to ,~ to~ &~,&1 Given under nw hand and seal of said City this the 21st day of Novem- ber, A. D. 1969. i- (SEAL ) I sl Robert C. Bueker City Secretary, City of SChertz, Texas Mr. Dunham motioned to adopt the ordinance as read. Mr. Koch seconded and the motion carried unanimouslY. Separate motions for the purchase of individual items were made for: (1) Purchase of chassis in the amount of $6,~0.28 and $29L.50 for purchase of the FTVI)49 engine and heavy duty clutch. Motion was made by Mr. Koch, seconded by Mr. Kazben and carried unanimously. (2) Purchase of Class A 750 GPM Pumper and booster truck in the amount of $151985.00. Motion was made by Mr. Marx, seconded by Mr. Dunham and carried unanimously. (3) Purchase of associated equipment (radio, generator, resusitator, gas masks, bunker coats, hats and accessories, in the total amount of $4,100.00 as contained in approved contract) and payment of Attorney fees in tM amcunt of $~OO.OO. Motion was made by Mr. Koch, seccmded by Mr. Koym and carried unanimously. Motion was made by Mr. Kaxben to appoint CARL H. DONAHUE as a member of the City of Schertz Housing Authority, such term to become effective upon notice. Mr. Dunham seconded the motion and the appointment passed by unani- mous vote. Motion to pay for three outstanding police uniform bills in the to~ amount of $268.70 was made by Mr. Kuben, seconded by Mr. Marx and carried unanimously. (PreVious allowance of $200.00 was allowed in minutes of January 16 i 1969) APPROVED : Al.l6:>T: kC2,,~_/ l.iity Secretary, 1fObert C:-"'Bueker L-- ".- ; .~,~~.'::_.;:'~~:;~::t_.. _ ~ "'1~' ,," ',"". ""d . ,,~, ':,,',",.,t ''',,'t''','''', 5.,. .-' ' ~'""~!i;,.:i.~~~lIe'-f7~'''' ",,-". , '~..1 ~ 159 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS HELD ON THE 4TH OF DECEMBER 1969. The regular meeting of the City Ca.mcil of Schertz convened at 8:00 p.m. at the direction of Mayor Roy W. Richard. Aldermen present included Jimmie V. Dunham, Malford C. Koch, Raymood G. Koym, Leonard J. Kazben and Edgar T. Marx. Also in attendance were Mr. Louis Saegert, City Attorney; Mr. Charles Cro!!, Consulting Engineer; and Mr. Ehlers, Resident District Engineer for Texas Highway Dept. Minutes of tM November 6, 7, 10, 15, 17 and 20 were read and accepted with the follcwing exceptions: (1) November 15 and 17 meetings ShOlld be changed to read "public hearing" instead of "proposed ordinance." Discussion was held on the possible widening of FM 78. Mr. Ehlers presented the Highway Cormnissioo' s sche matic drawing for the proposed widening through Scherta, using existing right of way and additional land acquisition on both sides of the present roadway. Acquisition of right of way, costs of curbing and gut ters, storm sewer , utility adjustments, off-site parking and the possibility of some paving costs wotiLd be the responsibility of the City of Schertz. Mention was made of the require- ment for a northern loop road between Schertz and IH35 for future planning. It was recommended that Mr. Mok, Schertz City Planning Consultant confer with Mr. Ehlers on present and future traffic requirements. Mrs. Truitt, LIe; River Road, appeared before the council and requested action be taken to provide adequate protection for children in tM Rio Vista area against children falling in Cibolo Creek from a high bluff area. Recommendation was made that home owners in that area appeal to the sub- division owner/builders or FHA/VA to investigate the situation. Bid! for a new roof to be installed on the City Hall/Fire Dept. building were read and the bid tendered by Shepherd RooBing Co., San Antonio in the amount of $L36.oo was accepted. Mr. Koch motioned for ~ 3-t..1 acceptance, -Mr. Marx secooded and the motion carried unanimously. Ordinance 20rJ was read before the council. Mr. Kazben motiooed tM ordinance be approved. The motion was seconded by Mr. Koym and the vote &cI-tCj carried unanimously. Ordinance 20L was read with motion for acceptance made by Mr. Kazben.&~,tQ Mr. Koym seconded the motion and the vote carried unanimously. , Public hearing wa3 held on the proposed Pena property annexation of six acres. No opposition was voiced and moti0n was made by Mr. Dunham that an ordinance of annexation be drawn. Motion was seconded by Mr. Marx and voted in unanimously. ~I...-lc' Discussion was held on armexation of Deer Haven into the city limits following verbal discussion on this subject by Mayor Richard and Deer Haven representatives. Water and sewage problems will be discussed further before other action is taken. A letter from Universal City outlining a proposal for the formation of a non-profit corporation to manage and operate a sewage disposal system for the two cities was read. This proposal was originally made at the Nov. 18 public hearing with SARA and the Texas Quality Water Control Board. 160 LP '1;~q Discussion followed on the legality of such a corporation and advan- tages/disadvantages to Schertz citizens. A motion was made by Mr. Kazben not to consider the proposal. Mr. Marx seconded the motion ,and the council voted unanimously against the proposal. Discussion was held on the issuance of time .warrants for purchase of Fire Dept. equi.t<'Lwi"t. Agreement was reached by the council that warrants should be issued at the earliest date of acceptance by the Schertz State Bank. Schaefer Companies forwarded contract documents for acceptance by the City and requested the plat on Village Subdivision #3 be re- corded with the County Clerk. It was rec~,..",._nded a letter be written to Schaefer Companies stating a performance bond must be secured for streets and curbing and a petition requesting annexation to the City of Schertz be forwarded. The Schaefer Companies proposal for location of a Trailer Court on Live Oak Road was discussed following receipt of a letter from Mr. Mok, City Planning consultant. Mr. Mok advised against such a loca- tion. The matter was referred to the City. Planning Board for action. A. request from the President, Schertz Volunteer Fire Dept. for pay raises for the Fire Chief and Fire Marshall was deferred until June 1970 when the req~st will be presented to the budget working group. Mr. Saegert was requested to prepare an Ordinance 011 Agricul- ture and a contract on the Industrial District. .~, Mr. Schoonover, Police Chief, presented the Police report for . the month of November. The subject of bonding for the City Treasurer was discussed. Agreement was reached em the need for adequate bonding. APPROVED: MINUTES OF -THE MEETING OF THE CITY COO'NCIL OF THE CITY OF SCI-Jt...tU.L., TEXAS HELD ON TFE 15TH OFDEC!MBER 1969 A special meeting of the City Council of the City of Schertz va. called by Mayor Roy W. Richard to convene at 00:05 p.m., December 15. Aldermen in attendance were: Raymood G. Koym, Halford C. Koch and Leonard J. Kazben. Propo~d City Ordinance number 203 va. read a. follow. : ".~',;" '..... . . . ;.,....' " 40 '. '._ 11 ~(.. ,j fJl'J ..... )i. ~, ,- J61' ORDINANCE II 203 ANhul.NG THE HEREINArTtJrt DESCRIBED TERRITORY TO THE CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINA.1'TtJ.tt DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINAOOES, RESOLUTIONS AND REGULATIONS OF SAID CITY. WHEREAS, a petition has been signed by a majority of the property owners who are citizens of the State of Texas and inhabitants of the fOllowing described territo~, to-wit: BEOINNING at a point designated by an iron pin placed in the NW line of the Live Oak Road, which point is N 590 28' E 180 feet from the original SE corner of the 12.37 acre tract; THENCE N 300 W 720.7 feet to an iron pin; THENCE N 599 15' E 360 feet to an iron pin; THENCE S 300 E 721.1 feet to an iron pin; THENCK,S 590 28' W 360 feet to the place of beginning; Containing six (6) 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 two(2) applicants to the effect that said petition is signed by a majority of the qualified voters within such property; 'NOW THEREFOR, BElT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: That the following described property, to-wit; BEGINNING at a point designated by an iron pin placed in the NW line of the Live Oak Road, which point is N 590 28' E 180 feet from the original SE corner of the 12.37 acre tract; THENCE N 300 W 720.7 feet to an irrn pin; THENCE N 59' 15' E 360 feet to an iron pin; THENCE S 300 E 721.1 feet to an iron pin; THENCE S 590 28' w 360 feet to the place of beginning; Containing (6) acres of land more or,:ess. 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 162 the city limits of the City of Schertz, and the same shall hereafter be in- cluded 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. __~J PASSED by an affirmative vote of a majority of members of the City Council, this the 15th day ofn,cember, A. D., 1969. APPROVED : /s/ Roy 1li.chard Mayor Au6.)T: tpg,to9 /s/ Robert C. Bueker ~ity Secretary Mr. Kazben motioned the ordinance be it was voted on unanimously. accepted a. read. Mr. Koch seconded an d APPROVED: o h(~J 1iL~~' ., MINU1J!U OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS HELD ON JAUNARY 8, 1970 The regular meeting of the City Council of Schertz convened at 8:00 p.m. at the direction of Mayor ProTem Raymond G. Koym. Aldermen in attendance included Jimmie V. Dunham, Leonard J. Kazben and Edgar T. Marx, such body representing a legally constituted quorum of said City Council. Also in attendance were Mr. Louis Saegert, City Attorney; Mr. Charles C. Cross, City Engineer. Minutes of the December 4, 1969 and December l~, 1969 meetings were read and approved with no exceptions. Discussion was held 00 the Texas Tort ClaiTlS Act which became effective Jan. 1, 1970. Agreement was reached bY. all Cotmcil menbers that insuran ce providing the City of Schertz wi. th adequate protecti 00 must be secured at the earliest possible date. Estimates have been requested. ,,.10 Discussion was held on the requirement for sidewalks in Tm Village Subdivision as required bl City Ordinance. The subdivisioo is now com- pleted. Mr. Cross, City ~gineer, recommended a letter be forwarded Schaefer Companies requesting compliance. Mr. Dunham motiooed that such action be taken. Mr. Marx seconded. Motion carried and letter will be prepared by the City Secretary. Existing drainage problem in Village III subdivision was disc~ssed. Mr. Cross indicated the City was in good positiCl1 to enforce compliance. ,.\;.. j ."vt"...;~~/i,,; 'i .~.'I "au"'I.li~.t : J63' Drainage is required into proper - existing channel s. Acceptance of streets by the City does not have to be undertaken until drainage problems are resolved. Mr. Cross will draft a letter to Schaefer Companies outlining the problem and recommending a solution. Outstanding payment for existing contract with Mort Roszell Co. was discussed.. Mr. Cross recommended final payment be made -since contracted work has been completed (movement of total yardage). The holdup of crossing too gas line easement held by LoVaca Gatooring Co. is a problem '11> to be resolved by the City - not Mort Roszell Co. Mr. Kazben moti cned final ~' payment be made. Mr. Dunham seconded the motion and was carried unanimously. A resolution calling for a general election on April 4 to elect a Mayor and two Aldermen was presented to too City Countil. ,Mr. Kazben motirned for 53' '1~ acceptance. Mr. Marx seconded and the measure was voted in unanimously. Mrs. Bennett, City Welfare Director, submitted a letter of resignation to the Council. The Council asked for deferment of acti on for one week to allow time for review. It was mutually agreed. Mrs. Koch, Chairman, Citizens Adviso~ Committee indicated action had not been taken to secure new members and that terms of office fer existing members had expired. A list of those members desirous of reappointment was submitted to the Council and recommendation for admittance of two new members made. Letter of reappointment will be prepared by the City Secre- , tary and letters of invitation prepared for the two prospective new members../ 7- Mr. Kazben motioned that Mrs. Barnett and Mr. Larson be accepted to the ~- ~ committee along with reappointment of Mrs. KOCh, Mrs. Sis~, Mr. Anderson, Mr. Keller, Mr. Lamport, Mrs. Whitfield, 11.-....1\.. __Ai. and Mrs. Bennett. Motioned was seconded by Mr~ Dunham and passed unanimously. Action on rewriting the garbage ordinance, procedures for operaticn of City Hall and review of resignation of Mrs. Bennett were deferred until the next Council meeting. An agricultural ordinance prepared by Mr. Saegert was read. Mr. Dunham. motioned for acceptance. Mr. Marx seconded and the vote carried unanimously. 5- '70 A letter from the Texas Water Quality Board on "periodic reporting of waste discharges" was read. No immediate action is required. A complaint by residents of Koch St. about high water that blocks pedestrian traffic during rainy weather was pre sented to too Council. Mr. Schertz indicated contract was received from Urban Renewal this date and that Koch St. will be included in Urban Renewal work. Police Chief Schoonover requested new tires be purchased for the police car. Mr. Kazben motioned for approval. Mr. D1]nham seconded and the vote ~ _ y carried unanimously. Tires will be purchased to conform with police 0 specifications from Marx Service Station for an approximate cost of $130.00 plus mounting and balancing. Mr. Kazben motioned the meeting adj ourn at 10:30 p.m. Mr. Marx seconded and the vote carried. APPROVED: ar~ ATmST:~~~ J6'4 MINUTES OF THE MEETING 0 F THE CITY CotJNCn OF THE CITY OF SCHERTZ, TEXAS HELD ON JANUARY 8, 1970 The regular meeting of the City Council of Schertz convened at 8:00 p.m. at the direction of Mayor ProTem Raymond G.. Koym. Aldermen in attendance included Jimmie V. Thmham, Leonard J. Kazben and Edgar T. Marx, such body representing a legally constituted quorum of said City Council. 1,70. During the course of such meeting, a proposed City Ordinance drawn by Mr. Louis Saegert, City Attorney was read. Mr. Dunham motion that said ordinance be acdepted; the moti on was seconded by Mr. Marx ,and was voted on unanimously to be acdepted as City of Schertz Ordinance # 207. Such ordinance reads: ORDINANCE NO. 207 AN ORDINANCE PROVIDING JiOR ASSESSMENT OF RANCH, FARM AND FOREST LANnS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: WHEREAS, the Legislature of the State of Texas has made certain provisions for the establishment of a uniform method of assessment of ranch, i'arm and forest lands, which shall be based upon the capability of such lands to support the, raising of live- stock and/or to produce farm and forest crops rather than upon the value of such lands and the crop growing there on. NOW THERA1'uttE, The Ci tN' of Schertz J Texas, as and when provided by law will and shall assess such lands in the manner hereinabove provided for. PASSED AND APPMUVAU this the 8th day January 1970. THE CITY OF SCHERTZ By:/s/t/ RAYMOND G. KOIM, Mayor, Protem APPROVED: o ~~~/ ~ar.,'~ Au.a!.o:)T: ~~ e1tyf ::>ecretary /' iL~:tt;~~;,.., " ilf...... . ". ' ~ ,li~....."""..l......"... c Ii ~ '- "i- '...:t,....,,;.!l.. ; 165 MINUTES OF THE MEEiTING OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS HELD ON JANUARY 15, 1970 A special meeting of the City Council of Schertz convened at 8:00 p.m. at the direction of Mayor Roy IN. Richard. Aldermen in attendance included Raymond G. Koym, Leonard J. Kazben, Jimmie V. Dunham and Edgar T. Ibrr.x:, such body constituting a legal quorum of said City Council. Minutes of the Jan. 8, 1970 meeting were read and approved without ,change. Motion to accept minutes was made by Mr. Kazben, seconded by Mr. Dunham. Two new members were recommended for appointment to the Citizens Advisory Council by Mayor "Richard. New members were Mr. Mark L. Norwine and Mr. Hilmer L. Zimmerman. Motioo was made by Mr. Kazben and seconded g. 10 by Mr. Koym. Vote was unanimous. The City Secretary was instructed to forward letters of appointment. It was further recommended that the letter of appointment to the Citizens Advisory Committee be sent to Mrs. Jeanne Bennett. This letter had been withheld after the Jan. 8 Council meeting pending review of Mrs. Bennett's resignat ioo as Welfare Director. Mr. Walter Schertz briefed the Council on Urban Renewal proceedings following receipt on Jan 15 of $197,000 for acquisition of property. This amount will cover three to four months operation. Motirn was made by Mr. Cj- 7D Kazben and seconded by Mr. Dunham that all requests for building permits in Buffalo Valley North be forwarded to the Urban Renewal Agency and the City Council before approval is granted. The motion was voted on unanimouslylo.1b Mr. Schertz left HUD technical specifications and rehabilitation requirements on file with the City Secretary for study and use by the City Inspector. The Urban Renewal Agency annual report was read in part to Council members. Mr. Koym motioned that a City zoning recommendation of Dec. 22 allwing the construction of a covered walkway by the First Baptist Church I }-7CJ within 22 feet of the property line be approved. Mr. Dunham seconded the motion and it was voted on unanimously. A second consideratioo in the same zoning recommendation of Dec. 22 asked for approval of a park to be constructed within Unit #2 of Greenfield subdivision as a community park development consisting of a: swimming pool, club house, etc. The above moticn included acceptance of this action. Discussion on future activities of the City Welfare Department resulted in the motion by Mr. Kazben _hat an Ordinance be prepared by the City Attorney authorizing an annual expense account, payable at tre rate of $25 monthly J ~~?O commending February 1970, in the amount of $300.00 be provided the Welfare Director in the conduct of her activities. Such payment is to defray personal costs for transportation, postage and incidental petty cash expenditures. '\ Action on a new ordinance covering removal of garbage and trash was deferred. Council unanimously agreed after motiom by Mr. Kazben and seconded by Mr. Dunham that a 1% sales tax for the City of Schertz be placed on referumdum /3-10 for April 4, 1970 election. Mayor Richard requested a letter be forwarded VonScheele & "Co. asking for a change in street name from Roy Richard Drive to in the Greenfield subdivision. It was further agreed that white on blue street signs would be 1-66 ordered for this subdivisioo. Such signs will parallel those nOW' used by the Ci~ of San Antonio and will become standard for the City of Schertz. I 4',10 Motion was made by Mr. Dunham, seconded by Mr. Marx and voted unanimously' to transfer $1167.14 from the Waterworks General Fund- to the City of Schertz General Fund for. the purpose of ~king fi nal payment to Mort Roszell Co. on drainage ditch work. Mr. Dunham motioned the meeting be adjourned. It was seconded by Mr. Koym and voted on unanimously. Meeting adjourned at .9:45 p.m. ~~ ATTES~ Citf Sl!cretary MINUTES OF THE MEETING OF THE CITY COUNCIL OF SCHERTZ, TEXAS HELD ON JANUARY 22, 1970 A special neeting of the City Council of Schertz convened at 8:00 p.m. at the directmon of Mayor Roy W. Richard. Alderman 10 attendance included Jimmie V. Dunham, Raymond G. Koym and Leonard J. Kazben. Rep~~entatives of the San Antonio River Authority were present and explained their (SARA's) position to members of the council regarding a regional sewage system for too Schertz, Universal City J etc. No action was taken. . Discussion was held on City Insurance policies. Decision 'was made to arrange for a single insuring company to handle the account, to reduce coverage on two 1963 pickup trticks to liability only, to secure liabpity coverage on the police vehicle. Mr. Koym made motion to accept proposals stated. Mr. Kazben seconded. Vote was unanimous. J?,10 Recommendation was made that all properties located in the area bounded by the RR track, Live Oak, Elbel and FM 3009 (if possiQ.:t~) be annexed as one parcel 'of land. Mr. Cross, City Engineer, will prepare field nob:!s. } (p' 1D Mr. Kazben motioned, Mr. Koym seconded, and the council voted unanimously to appoint Sgt. William M. Maloney to tb9 Citizens Advisory Committee. -, Mr. Kazben motioned the meeting be adjourned at 10:30 p.m. Mr. Dunham seconded. Vote was unanimous. ';r.mIe~'::'~ , ..1 167 APPROVED: a~1-,~L M;;'; O~- - # ATl'EST: ,a/ C! 2J./ City ::>ecretaTy MINUTES OF THE Ml!;nNG OF THE CITY COUNCIL 0 F SCHERTZ, TEXAS HELD ON FEBRUARY 5, 1970 The regularly scheduled meeting of the City Council convened at 8:00 p.m. at the direction of Mayor Roy W. Richard. In attendance were Aldermen Leonard J. Kazben, Raymond G. Koym, Malford C. Koch and Jimmie V. Dunham, such body constituting a quorum. Minutes of the Jan. 22 meeting were read and approved by all Council members. Hearing on a petition for the annexation of Deer Haven was conducted with a majority of Deer Haven residents present. It was agreed that residents of the subdivision would appoint a three-man council to meet with City of Schertz council members at a future date for the purpose of discussing pros and cons of annexation. Mayor Richard indicated water, police and fire department services would be provided commensurate with annexation. Sewer service would not be provided until sone later date when co.nditions warranted. Mention was made of the City of Schertz waterline being located five (5) feet inside the Leroy Wilson property line. The City Engineer will make determina- tion. A resolution authorizing the payment of $300 annually to the City Welfare Director was read by the !'!ayor. Mr. Kazben motioned for acceptance; Mr. Koym /7-10 seconded and the vote was unanimous. Attention was given to schooling for City Employees. The council agreed that updating the professional skills of city employees is required and encouraged attendance when time permits. Mr. Kazben submitted a listing of City holidays for Fiscal Year 1970 which included Veteran~s Day, Thanksgiving Day, Christmas Day, New Year's Day, ;R.10 Washington's Birthday, Memorial Day, Tndependence Day and Labor nay. Mr. Koym motion for adoption; Mr. Dunham seconood and the vote carried unanimously. A new contract to be issued to Schaeffer Road Rural Water Corp. was read /9-70 as part of Ordinance #209. Mr. Koym motioned that the ordinance be adopted as read. Mr. Dunham seconded the motion and the vote was unanimous for acceptance. Ordinance II 209 reads as follows: ORDINANCE /I 209 AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST A CONTRACT TO BE EXECUTED BY AND BET\NEEN THE CITY OF SCHERTZ AND SCHAEFER ROAD RURAL WATER SUl"t'LY CORPORATION TO BE DATED AS OF FEBRUARY 1, 1970, PERTAINING TO THE SALE BY THE 168 CITY OF SCHERTZ TO THE SCHAt.!l~J:{ ROAD RURAL WATER SUPPLY CORPORATION AND THE PURCHASE BY SCHA...l!..r.l'l!.lt ROAD RURAL WATER SUPPLY CORPORATION OF WATER FOR A PERIOD OF FORTY YEARS FROM DATE OF SAID CONTRACT IN LIEU OF A CONTRACT HERETOFOR ENTERED INTO BY THE CITY OF SCHERTZ AND SCHAEFER ROAD RURAL WATER SurrLY CORPBRATION, DATED THE 28TH DAY OF OCTOBER 1969, FOR A THIRTY-YEAR PERlDD. WI-u!.n.J!,AS, ~he City Council of the City of Schertz has heretofor entered into a contract with Schaefer Road Rural Water Supply Corporation, dated the 28th day of October, 1969, under the terms of which the City agreed to sell water for a thirty-year period to said corporation and said corporation agreed to purchase said water subject to the terms and provisions of said contract, and WhI!;tt.I!.AS, the Department of Housing and Urban Development is in the process of making a loan to Schaefer Road Rural Water Supply Corporation, the proceeds of which are to be used to construct a distribution system for the distribution of the water to be purchased from this City; and WI-u!..n.I!.AS, said loan is to be payable over a period of forty years and the Department of Housing and Urban Development insists that said contract between said corporation and this City provide for the .sale and purchase of water for a forty-year period; and WJur..MAS, it is to the advantage of this City t.o enter into a contract with said Schaefer Road Rural Water Supply Corporation on terms and conditiCl'ls identical to the previous contract entered into by the City of Schertz and Schaefer Road Rural Water Supply Corporation except for the fact that the new contract shall be for a period of forty (40) years from February 1, 1970 instead of a period of thirty years from October 28, 1969,; NO( TJur...tt.I!..l'v.n.E, ~-' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: 'f ,'.. That the Mayor be authorized to execute and the City Secretary to attest a contract between this City and Schaefer Road Rural Water Supply Corporation, reading in words and figures as follows: THE STATE OF TEXAS 0 COUNTY OF GUADALUPE 0 . THIS AG.l'U!..l!.1"1ENT, dated as of February 1, 1970, by and between the SCHA.l!..l'l!irt ROAD RURAL WATER SUPPLY CORPORATION, a corporation in the County of Bexar, State of Texas, hereinafter called "Corporation" and the CITY OF SCHERTZ, a 1lJI1Dicipa}, corporation in the County of Guadalupe, State of Texas, hereinafter called "Schertz. " WITNESSETH: WHEREAS, Schertz has recently expanded its .water supply and distribution system, and such water supply consisting of three wells and three pumps i&, under existing conditions found to be adequate to serve a city of several tines the size of Schertz; and WHEREAS, the Corporation proposes to build and' operate a water distribution system in tha t part of Bexar County near to Schertz, and there is no good water supply within its corporate service area; and i,,ii, Illl ','. :' . ui "'.. ,;".",'" L '"'''''''''IU!''''''' , 1.1 169 WHEREAS, Schertz owns and operates a large water main near to the service area of the corporation, and both the Corporation and Schertz are desirous of making proper arrangement to the end that the Corporation will be supplied with adequate potable water of the quality of Schertz' water; now, therefore, IN CONSIDERATION OF THE MUTUAL COVENANTS, AGREEMENTS AND UNDERTAKINGS HEREIN SET FORTH, the parties agree and contract as follows: SECTION 1: During the term of this agreement and under the terms and conditions hereof, Schertz agrees to sell to the Corporation and the Corporation agrees to buy from Schertz potable water meeting purity standards of the State Department of Health, but shall not be legally liable for failure of quality of water to meet such standards, it being understood that the customers served by the Corporation will receive the same quality of water as delivered to customers of Schertz. Schertz shall use reasonable diligence and care to provide a regular and uninterrupted supply of ,water to the Corporation and to avoid any shortage or interruption of the delivery thereof, but shall not be liable for any failure, interruption or shortage of water or for loss or damage resulting therefrom occasioned in whole or in part by any cause beyonddthe reasonable control of Schertz. SECTION 2: Under the terms of this ag~ement, water shall be delivered by Schertz to the Corporation at a meter to be located at the intersection of River Road and Bubbling Springs Road within the corporate limits of the City of Schertz. SECTION 3: For the purpose of rreasuring the quantities of water delivered by Schertz to the Corporation, the Corporation shall furnish and install at said delivery point a master meter of standard type for measuring properly the quantities of water delivered under this agreerrent. Both Schertz and tre Corporation shall have access to such metering equipment at all reasonable times, and Schertz, as operator of the facilities, shall have charge of the reading, calibrating and the adjustJrent of the meter. Schertz agrees also as operator of the system to keep a true record of all meter readings as transcribed from reports of its employees or agents with respect thereto. Upon the written request of the Corporation. Schertz will give the Corporation such information as it, may reqoost from its journals or records or permit the Corporation to have access to the,m in the office of Schertz during business hou rs. Schertz shall calibrate the netering equipment as often as it considers such necessary and at such time as same shows reasonable evidence of error. If upon any test the percentage of any inaccuracy thereof shall be' corrected for a period extending back to the tiTle when the inaccuracy began, if such time is ascertainable, and if not, then for a period extending back one-half of the time elapsed since the last date of calibration but in no event farther back than a period of six months. SECTION L: The unit of Treasurement for w~ter delivery hereunder shan be one thousand gallons of water, U.C. Standard Liquid Measure. SECTION S: During the term of this agreement, the Corporation shall not connect or permit connection of any other water supply facilities to any distri- bution lines which convey and transport water obtained from Schertz. SECTION 6: Unless sooner cancelled by mutual agreement of the partie s, the term of this contract shall be for a period of forty (Lo) years from the date water is first delivered or tendered to the Corporation at the point of delivery provided in Section 2 of this agreeTlent; and for the purpose of establishing rates and charges for yater supplied under this agreeTlent such term of forty (40) years shall be divided into eight (8) con se cuti ve five (5') year pe riods. SECTION 7: During the initial five-year period of the contract, the price to be paid to Schertz for water shall be thirty (30~) cents per 1,000 gallons delivered through the master Tleter located at the point of delivery. 170 At least six months prior to the close of the initial five-year pe~iod and at least six months prior to the close of each subsequent five-year period, the City Council of Schertz and the Board of Directors of the Corporation shall meet in joint session to establish a rate or charge for water for the succeeding five-year period. ,.---, At such meeting Schertz shall make available an engineering report showing (1) the estimated cost to Schertz for the production and delivery of water to the point of delivery during at least four of the preceding years and (2) the estimated cost of each 1,000 gallons of water for the ensuing five-year period, assuming there is no change in the quantity of water to be supplied. The cost of the report shall be n' .;,' ,,, paid by Schertz. Based upon such report and such other information as may be deemed relevant, the joint session shall determine the price to be paid for each 1,000 gallons of water during the succeeding five-year period. The joint session shall consider the price at which water is delivered to the Corporation to be made up of two cost components: a) the cost of producing and delivering water to the point of delivery, and b) payments in lieu of sinking fund payments to an~icipate the replacement of production and delivery facilities. That portion of the price allocated to direct p-rodootion and c~s Bhei1il beadjusted,dn'conforrrdt.y with any change in such costs shown in the engineering.report. That portion of the price allocated to payments in lieu of sinking fund payments shall be adjusted in confor- mity with any change in the annual construction cost index for waterworks facili- ties as published by McGraw-Hill, Inc. Should smh joint session be unable to agree on the price to be paid for water prior to sixty (60) days preceding the .time the revised rates are to go into effect, the parties shall submit the question to a panel of three arbitrators, one to be appointed by each of the parties to the Contract, and the arbitrators so selected shall agree upon and name a third arbi- trator. The decision of a majority of the arbitrators shall be final and binding on the parties. SECTION 8: The initial billing period shall begin with the date water is actually delivered to the Corporation and en d on the 20th day of the following month, and thereafter each billing period shall end on the 20th day of each month. P~yment by the Corporation for water received during the preceding billing period will be made on or before the lOth day of the month following the close of such billing period and payment will be made in CUTTent funds at the City Hall, Schertz, Texas~ In the event paynent is not made within fifteen (15) days after such due date, Schertz shall be relieved of any further obligation to deliver water under this contract until all amounts due to Schertz have been paid in full. SECTION 9: In the event Schertz finds it ne cas sary to rati on water or in any manner restrict the amOllnt of water which may be used by the customers of its municipal system, the Corporation agrees that it will impose the same type restrictions upon i t8 water users. It is further agreed and understood that the rates and charges for the use of water supplied by the Corporation shall never be less than those charged by Schertz. SECTION 10: If for any reason of force majeure either of the parties hereto shall be rendered unable wholly or in part to carry out its obligation under this agreement, then such party shall give notice of the particulars of such reason in writing to the- other party wi thin a reasonable time after the occurrence of the event or cause relied upon. The obligation of the party giving such notice so far as is affected by such force majeure shall be suspended during the continuation of the inability then claimed but for no longer period, and such party shall endea- vor to remove or overcome such inability with all reasonable dispatch. The term force majeure as employed herein shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of the public ene~, order or actions of any, kind of the government of the United States or of the State of Texas, or any civil or military'authority, insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, hurricanes, storms, floods, washouts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accident jJo :.~..... 171 the machinery, pipelines or other structures or machinery, partial or entire failure I of water supply and inabil-Ity on the part of Schertz to deliver water hereunder or of the Corporation to receive water, or on account of any other cause not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty and that the above requirements that a~ force majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceeding to the demands of the opposing party or parties, when BUch settlement is unfavorable to it in the judgment of the parties having the difficulty. No damage shall be recoverable from eitler party by reason of the suspension of any contract rights due to any of the causes above mentioned. IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this contract to be duly executed in severaJ.. counterparts, each of which shall constitute an original, all as of the day and year first above written. CITY OF SCHERTZ BY Is/.tl Roy W. Richard Roy W. Richard ATTEST: sit Robert C. Bueker City ~ecretary SCHAl!il'l!il't ROAD RURAL WATER SUPPLY CORPORATION ATTEST: By President, Board of Directors Secretary, Hoard of Virectors "" "I The fact that the Department of Hous ing and Urban Development, which is making a loan to the Schaefer Road Rural Water Supply Corporation, payable over a period of forty years, requires that said corporation's contract for water supply with this City cover a period of forty years and the fact that such loan may not be consuIllllated if l a new contract is not entered into between this City and said Schaefer Road Rural Water Supply Corporation covering a forty year period thus resulting in loss of revenue to this City and the loss of a water supply to a substantial rural population near this City and the fact that the Department of Housing and Urban Development has indicated that it is ready to close said loan on or about February 1, 1970 and the fact that if the closing of said loan is delayed, said Department of Housing and Urban Develop- ment may find other oressing demands for said funds and said loan may never be made creates a public emergency and an imperative public necessity that any rule requiring ordinances be read at more than one reading be suspended and the same hereby suspended and said emergency required the posting of the notice requi~d by the Public Information Law of the State of Texas be done in compliance with the emergency provisions of said law. This ordinance shall take effect immediately upon its passage and approval, and it is So enacted. Passed and approved on this, the 5th day of February 1970. sit Roy W. Richard Mayor, City of Schertz, Texas ATTEST: SiT Robert C. Bueker · City Secretary 172 THE STATE OF TEXAS COUNTY OF GUADALUPE CITY OF SCHERTZ I, ROBEB.T C. BUEKER, City Secretary in and for the City of Schertz, Texas, ro HEREBY CERTIFY that the above and fore.going is a full, true and correct copy an an ordinance and the minutes pertaining to its adoption, passed by the City Council of said City on the 5th day of February, 1970, at 8:00 p.m. at a regular ITEeting thereof, which meeting was at all times open to the public, and that the same appears of record in pages 168 - 1~2, Vol. 3 of the minutes of said City Council, and that I am the law- ful possessor and custodian of such books and records for said City. WITNESS MY HAND AND SEAL OF SAID CITY on this, the 5th day of February, 1970. sit Robert C. Bueker City Secretary (SEAL OF CITY) The annual financial report of the City of Schertz was read and discussed. The City Secretary was instructed to have applicable portions of the financial report printed in the Valley News. l6\f\~() Ordinance 11208 calling for a special election on Sales and Use Tax was read and approved unanimously following motion by Mr. Kazben and seconded by Mr. Koym. City Secretary was instructed to have the 0rdinance published in the Valley News on Feb 25 and- Mar L, 1970. Ordinance 11208 reads as follows: ORDINANCE NO. ,208 AN ORDINANCE CALLING AN ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS, ON THE QUESTION OF THE ADOPTION OF A ONE PERCENT (l~) LOCAL SALES AND USE TAX WITHIN THE CITY; DESIGNATING TH~ DAY OF THE ELECTION AND THE POLLING PLACE; APPOINTING ELECTION OFFICIALS THEREFOR; PRESCRIBING FORM OF BALLOT; AND PROVIDING FOR NOTICE OF EL~TION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: Section 1. That a special election shall be held in and throughout the City of Schertz, Texas, on the Lth day of April, 1970, at which election trere shall be sub- mitted to the resident qualified voters of said City, for their action thereupon, the following propositions: "FOR adoption of a one percent (1%) local sales and use tax within the city." "AGAINST adoption of a one percent (l~) local sales and use tax within the city." Section 2. Said election shall be held at SCHERTZ J'.ilUi STATION for all qualified voters of said City. Presiding Judge will be Mr. Delos R. Durden; Assistant Judge will be Mrs. Lucy Deen. Robert C. Bueker is hereby appointed Clerk for absentee voting. The absentee voting for the above designated election shall be held at City Hall, Schertz, Texas, within the boundaries of the above named City and said place of absentee voting shall remain open for at least eight hours on each day for absentee voting which is not a Saturday, Sunday, or an official State hOliday beginning on the 20th day and . continuing through the Lth day preceding the date of said election. Said place of votin~ shall remSlj.n open between the hours of 8:00 It.m. and 5:00 p.m. on each day for ., sald absentee vo'tl.ng. Ballot applications and ballots voted by mail may be sent to ",1'.. '... 173 the Absentee Clerk, Drawer I, Schertz, Texas. Section 3. Ballots of said election shall have written or printed thereon the r- following: FOR tM A'Boption of a one per cent (1 't) local sales and use tax within the city. AGAINST the adoption of a one per cent (1%) local sales and use tax within the city. ~ Place an "X" in the square beside the statement indicating the way you wish to vote. The manner of holding said election shall be governed by the terms and provisions of the above mentioned House Bill No. 207 and in accordance with the law applicable to other municipal elections. Section 4. Notice of said election shall be given by publishing a copy of this ordinance on the same day of two successive weeks in a newspaper having general circulation within this City, there being no newspaper published within this City, the date of the first publication to be at least twenty-one (21) days prior to the date set by said election. The City Secretary is hereby instructed to cause said notice to be so given. PASSED AND APPROVED, this 5th day of February, 1910. sit Roy W. Richard Mayor ATTEST: sit Robert C. Bueker City Secretary Police report was given by Chief Schoonover and the need was emphasized for hiring of a new patrolman and the purchase of a new police vehicle. Hiring of a new city employee was also mentioned. The City Secretary was instructed to conduct a financial study on these issues to be pre sented to the council at the next meeting. Mrs. Bennett, Chairman, Citizen's Advisory Committee, stressed that this committee had previously cited the need for additional police protection in the City. , Mayor Riachard presented a proposal by Mr. John Schaefer who desires to build a trailer park South of Curtiss St. in the Beck tract. It was recommended the proposal be given to Mr. Mok, City Planning Consultant for initial determination and then to the City Planning Commission. I I Mr. Schaefer, Village 3 developer, replied to the drainage problem existing in that area. Runoff of water from Village 3 property drains onto the McKuiston tract. Mr. Schaefer indicated his subdivision did not alter the original watershed or redirect drainage therefrom; therefore, he feels the need of a daainage canal is not his responsibility. Discussion was deferred pending submission of the reply to the City Engineer. A special council meeting was called for Feb 19, 1970 at 8:)0 p.m. l"1ayor Richard motioned for adjournment of the meeting at 9: 30 p.m. Mr. Kazben seconded and the vote was unanimous. 174 MINUTES OF THE MEETING OF THE crTY COUNCIL OF SCHERTI, TEXAS HELD ON 1EBmt\~Y2iJ:1970 A special meeting of the City Council of Schertz convened at 8:00 p.m. at the direction of Mayor Roy W. Richard. Aldermen in attendance included Jimmie V. Dunham, Raymond G. Koym, Leonard J. Kazben and Malford C. Koch, such body repre- senting a duly constituted quorum. '"'0...."\0 Mayor Richard read proposed City OrcUnace '210. Motion was made by Mr. Kazben and seconded by Mr..Dunham that the, ordinance be adopted as read. Vote carried unanimously. Ordinance # 210 reads as fol] ows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND ADOPTING MINOR AMENDMENT NO.1 TO THE URBAN RENF..WAL PLAN FOR BUFFALO V ALLEY NORTH PROJECT, TEX. R-112; AND Dm ECTING THAT SAID CHANGE BE FILED AS PART OF THE URBAN RENEWAL PLAN FOR SAID PROJECT WITH THE CITY SECRETARY. WHEREAS, The City has adopted a Redevelopment Plan known as the Urgan Rerewal Plan for Buffalo Valley North Pr06ect, Tex. R-112; and W~MAS, The Urban Renewal Agency has now proposed Minor AliBudmmt No. 1 to said Plan for the purpose of clarifying the rehabilitation standards to be used wi thin the project area; and WHEREAS, said Monor Amendnent No.1 has been submitted to and approved by the Board of Commissioners of the Urban Renewal Agency and the Planning Commission of the City of Schertz and received favorable recommendation from both bodies; and W~n&AS, the provisions of the Texas Urban Renewal Law regarding modification of Urban Renewal Plans has been complied with; now, therefore i , I BE IT ORDAINED 5Y THE CITY COUNCIL OF THE CITY OF SCHERTZ: 1. Monor Amendment No.1 to the Urban Renewal Plan for Buffalo Valley North Project, Tex. R-112 is hereby ratified, adopted and approved. 2. Minor Amendment No.1 which consists of four pages of textual material, being numbered pages 8, 9, 14 and 18 lis attached hereto and made a part hereof. Said numbered pages shall supersede the same numbered pages in the original plan and shall be placed on file with the City Clerk as notice of this amendment. PASSED AND APPROVED this 12th day of February, 1970. /s/t/ ROY W. RICHARD Mayor ATTEST: s/t/ ROBERT C. BUEKER Ci ty Secretary Ordinance No. 210 APPROVED: ATTEST~ <::::?./ ~~.~ ~~-./ c:n.r~tary ..,'~~~~~+(.c ~ _'~~;"'i~~;:::.~,L I ,i::, ~~::d/..~~ .~'... 175 MINUTES OF THE. MEETING OF THE CITY COUNCIL OF SCHERTZ, TEXAS HELD ON FEBRUARY 19, 1970 A special meeting of the City Council of Schertz convened at 8::00 p.m. at the direction of Mayor Roy 1"'. Richard. Councilmen in attendence were: Leonard J. Kazben, Jimmie V. Dunham and Malford C. Koch. Mayor Richard read the minutes of February 12, 1970. Minutes were approved as read. Discussion was held on city insurance policie s. It was reaffirmed that Sept 1 of each year would be the maturity date for all policies with the exception of casualty insurance. which would mature on Sept 1 every third year. It was recommended that the City Secretary secure estimates for total coverage from Schertz State Bank and from Brewer Insurance Co., Seguin, Texas. It was requested by Mayor Richard that the City Secretary write to some of the major oil c'impanies on the question of securing a bulk gas tank for the ci ty . Mr. Kazben motion, Mr. Koch seconded and the council voted unanimously ~J-10 to agree to the purchase of a 1970 fire truck chassis authorized under previously passed ordinance # 206. It was further agreed that all accessory equipment be ordered at the earliest practical date under signed contract to avoid additional price increases. A conflict of interest was noted in the Guadalupe County/Alame Area Council .of. Governments Forum and tl'E regular City Council meeting scheduled for March 5.70 It was motioned by Mr. Dunham, seconded by Mr. Kazben and voted unanimously J.1l ~ to hold the regular council meeting on March 4. The City Secretary was so instructed to inform council members and the public. The City Secretary was instructed to check on the printing of time warrants that will be issued for purchase of fire department equipment. Warrants are now being printed by the Clegg Co. Legal opinion has been obtained from Mr. Saegert, City Attorney and. will be imprinted on the reverse side of all warrants. Mr. Kuechler, Commissioner on the Ci~ of Schertz Housing Authaity requested 70 verbal resignation from that committee. Mr. Dunham motioned this resignation be ;.3~ accepted and noted the position vatated by the death of Carl Donohue als 0 me dQd filling. Mr. Kazben seconded the motion and the vote was unanimous.. Mr. Dunham 70 then motioned that Mr. Cecil Threadgill and Mr. Clyde Ford be appointed as ~ 4~ replacements to the committee. Mr. Kazben seconded and the vote was unanimous. The council was notified that Mr. Robert Larson was departing the City and his posi tion on the Citizen's Advisory 60mmi ttee needed to be filled. Council members will attenpt to secure a qualified replacement. With the addition of a new employee in the Utilities Department, the City Secretary was instructed to purchase a typewriter, chair and other required office supplies. - I Discussion was held on the hiring of an additional patrolman and an additional police vehicle for city use. Mr. Kazben motion the vehicle be purchased and the patrolman hired. The vehicle was to be fully equipped less the State-County radio .10 Mr. Dunham seconded the motion and the vote was unanimous. ,.5' 176 Mayor Richard read an application for a City Electrical License submitted by Mr. Carltoo Jackson. It was recommended Mr. Jackson be informed by letter that the "Willie Wirehand" approval should be obtained from GVED prior to acceptance or his qualifieations. The January 1970 Waterworks & Sewer System Operating Statement was read and discussed with no excepti ons noted. APPROVED: ~~U2.~~ Ma r MINUTES OF THE MEETING OF THE CITY CCUNCIL OF SCHERTZ, TEXAS HELD ON MARCH 4, 1970 The regular meeting of the City Council of Schertz convened at 8:00 p.m. at the direction of Mayor Roy W. Richard. Aldermen in attendance included Raymond G. Koym, Leonard J. Kazben, Malford C. Koch and Edgar T. Marx, such body representing a duly constituted quorum. Minutes of the February 19, 1970 meeting were read and approved unanimously. Realignment of City insurance policies into a single maturity date prtgram was discussed with Mr. Thulemeyer and Mr. Brewer present. Mr. D..v..cr presented the City Council with a prepared estimate of costs. The City Secretary was instructed to inform Mr. Thillemeyer that his estimate must be presented to the City by March 20 for consideration. Mr. Thulemeyer infv.........d the council that the Workmen 's Compensation Policy now in existence. would not be renewed by his representative company after expiration on April 1, 1970. Construction of sidewalls in Village #3 was discussed following advice from the City Inspector that provisions are cot being made for installation at this time. It .was determined that the City Secretary should prepare a letter to John SCbaeffer,-Inc..instructing that company that compliance with city ordinances will be enforGed prior to acceptance of the subdivision by the City. Cost estimates submitted by LoVaca Gathering Co. on the High School Drainage Project were reviewed. The City Council instructed the City Engineer, the City Secretary and the Superintendent of Schools to review the estimates and fOITmllate a course of action to be taken. Mayor Richard related the context of conversation he had with County officials on the extension of Elbel Road. o City Attorney, Louis Saegert, read two propbsed ordinances relating to the ~ City Industrial Park. The ordinance designating the Industrial District was accepted ~ as read. Mr. Kazben motioned, Mr. Koym seconded and the council voted unanimously for acceptance. The other ordinance dealing with contract negotiation between the City and prospective companies will be revised and resubmitted for acceptance at the next regular council meetin g. ;; tl~.f.hi.~!~" 'iI' " .~. ~ r I Motion was made by Mr. .Marx, seconded by Mr. Kazben and voted on unanimously to allow Mrs. Krause to indorse all checks written on utility and general fund aco'tJUnts in the absence of the City Secretary/Treasurer. The City Secretary was instructed to make proper arrangerrents. Minutes of the February meeting of the Citizens Advisory Committee were read and discussed. The City summer program was discussed. It was agreed that High School coaches should be approached to act in the capacity of Director. Meeting was adjourned at the direction of Mayor Richard at 9:00 p.m. The Industrial Ordinance (designat.Aa,'a~vCID.ty Ordinance #211) reads: AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS DESIGNATING CERTAIN PROPERTY AS AN INDUSTRIAL DISTRICT OF THE CITY OF SCHERTZ, TEXAS IN ACCORDANCE WITH ACTICLE 970a VERNON'S ANNOTATED STATUTES, SECTIOi~~olND-ATfi'HORIZING THE EXECUTION OF CONTRACT WITH COMPANY IN CONNECTION fIIIEREWITH : BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: C~t.:)' Th8t':oeIj.ain-tract--~in(rparcel of land situated in Comal County, Texas in the extraterritorial jurisdiction of Schertz, Texas, described in exhi- bit thereto attached marked Exhibit "A" and made a part hereof is herewith de- signated as Industrial District Number f)It/. of the City of Schertz, Texas in accordance with ArtiCle 970a, Section 5 Vernon's Annotated Texas Statutes. 177' '1~1{) ;)- Such tract shall retain its extraterritorial jurisdiction for a period not to exceed seven (7) years unless extended by the City Council of said City. This Ordinance shall be construed with and all provisions of an ordinance of the City of Schertz dated , numbered , insofar.as..the:y have, not "been superseded.-by -this ordinaFlQ&, shall 'apply to the tract of land designated herein Industrical District number too \. ":"" ... < '(~: .... LJ City of Schertz, Texas, and marked Exhib't liB" is Schertz, Texas is herewith company. That certain proposed aDntract between the and company hereto annexed made a part hereof' and the mayor of the City of authorized to enter into the said contract with .. ~ ... day of March, 1970. PASSED AND APPROVED this the CITY OF SCfIE1i.TZ, BY sit PlOY W. RICHARD Mayor r, l ATTEST: sit ROBERT C. BUEKER Ci ty Secretary APPRvvl!.u: ATTFS~ ~ ~~ -' l;i~ta~~ -~~ Mayor (/ . 178 MINUTES OF THE MEETING OF THE CITY COUNCIL OF SCHERTZ, TEXAS HELD ON 24 March 1970 A special meeting was conducted for the purpose of' discussing actiQ1s to be taken on a letter received from. th3 Texas Quality Water Board directing negotiatt.tQ1s be completed within two months for establishment of a Regional Sewerage System. The meeting convened at 8:00 p.m. at the' direction of Mayor Roy W. Richard. Aldermen in attendance included: Raymond G. Koym, Leonard J. Kazben, Malford C. Koch, Edgar T~ Marx, Jimmie V. Dunham, and two candidates f'or the office of Alderman in tm. April 4, 1970 election, Robert E. Schwartz and Mrs. Bobbie L. Koch. . :Mayor Richard read the letter from Texas Quality Water Board. Mr. Charles C. Cross, City Engineer, then outlined a proposal to be submitted to the Texas Quality Water Board in Austin, Tex. on March 27, 1970. The proposal was accepted as presented and Mr. Cross requested a Resolution be passed by the City Council stating the official position of the City Council in support of' the proposal. Mr. Dunham motioned, Mr. Marx seconded and the vote was unanimous that the proposal be accepted as the off'icial posi tiQ1 of the City of Schertz and that the City Secretary prepare a resolution effective this date. ~/\'\) Meeting was adjourned at 9li45 p.m. APPROVED: AT~~~ Bity Secretary MINUTES OF THE Jwll!.r-l'lNG OF THE CITY COUNCIL OF SCht.!uZ, TEXAS HELD ON )0 March 1.970 A special meeting was conducted for the purpose of determining and all",!," ding the City of Schertz insurance program to a sdngle agent. Mayor Richard convened the ~eting. Aldermen present included Raymond G. Koym, Malford C. Koch, Jimmie V. Dunham and Leonard J. Kaz'ben. Mayor Richard opened the meeting at 8:01) p.m. by reading a letter of intent from Mr. Thu1emeyer. Mr. Brewer presented his company's proposal for insurance. Mayor Richard then asked the City Council to recess and vote for issuance of the insuraDce program during his absence. Motion was made by Mr. Dunham and secrmded by Mr. Kazben Atto award insurance coverage to Brewer. Vote was three to one in favor of adoption. i' ~ Ordinance # 212 designating Board of Equalization for 1970 was read. Mr. Koym omotioned, Mr. Dunham seconded and the vote was unanimous for adoption. Ordinance 212 r/ reads as follows: AN ORDINANCE APPOINTING THE BOARD OF EQUALIZATION FOR THE CITY OF SCHERTZ, TEXAS, FOR THE YEAR 1970, PROVIDING FOR THEIR DUTIES AND COMPENSATION, AND TIME OF l-ll!.r-TIID. WHEREAS, 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 1970, now therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: That, Mr. Delos R. Durden, Mr. Hugh G. Sandifer and , are rereby appointed to the Board of Equalization of the City of Schertz, Texas, for the year 1970, who are to perform the duties of SIlCp Bo9rd of Eaualiz~tj.on fpr the City of Schertz, Texas, as prescribed by the Constltutlon and Laws or the State of Te~as, ~:;ia.,' . ~., .. r- and ordinance of the City of Schertz, Texas; such Board shall receive all the 179 assessment lists and books of the assessor of the City of Schertz, Texas for examination, correction, equalization, appraisement, and approval for the City of Schertz, Texas; the members thereof shall receive for their compensation the surns of $50.00 (Fifty Dollars); and such shall be convened on the 15th day of April 1970, in the City Hall at Schertz, Texas at 9:00 a.m. At each meeting of said board the City Secretary shall act as secretary therefor. PASSED AND APPROVED THIS THE 30th day of March, 1970. /s/ Roy W. Richard Mayor ATTEST: Is/Robert C. Bueker City Secretary Approval was given to dispatch a letter to Mr. C.E. Gene Cartwright notifying him that the dwelling located at 81L Curtiss St. would have to be moved 30 days after receipt of such letter or penalties, as prescribed under City Ordinance lS4A would be invoked. APPROVED: ~/~JA/LL M;'y7iJ.IL.L.::V 1.-- ATT$~~ Cf'ty.Secretary MINUTES OF THE m.l!JTl.NG OF THE CITY COUNCIL OF SCHERTZ, TEXAS HELD ON 2 APRIL 1970 The regular meeting of the City Council convened at the direction of Mayor Row W. Richard at 8:00 p.m. Aldermen in attendance were: Raymond G. Koym, Jimmie V. Dunham, Edgar T. Marx, Malford C. Koch and Deonard J. Kazben. Minutes of the March L, 1970 meeting were read and approved unanimously atter motion by Mr. Koym and seconded by Mr. Kazben. Minutes of the March 2L, 1970 meeting were read and approved unanimously after motion by Mr. Marx and seconded by Mr. Kazben. Minutes of the March 30, 1970 meeting were read and approved unanimously after motion by Mr. Kazben and seconded by Mr. Koym. Major Sharp appeared before too council as representative from the Little League. A survey had been made of the city park area. Recommendation was made that the City build a permanent Little League baseball stadium. '10 Motion was made by Mr. Kazben and seconded by Mr. Marx that permissicn be ,.3'''- given the Tri-City Boys Baseball League to build a ball park on the city park site. Discussion was held on collection of city bills and delinquent taxes. It was recommended Mr. Saegert, Cfty Attorney, provide assistance. The annual Fire Marshal's report was read and approved without comment. <2. !).," '10 Mayor Richard read a proposed Industrial Park Contract. Approval of too ~ council was unanimous after motion was made by Mr. Dunham and seconded by Mr. Marx. Discussion was held on amending the City Plumbing ordinance to include the use of plastic pipe for venting and above-surface use in homes. It was recommended t80 the amendment be drawn and given to the City Attorney for review before being presented to the council in final form. The Planning Commission Report for the month of March was read and approved as submitted. Approval was given for issuance of rebate contract funds to developers for the calendar year 1969. Drainage problems associated with Village #3 were discussed. It was agreed that utilities would not be furnish3d nor the subdivision accepted until the City was released from any possible litigation arising therefrom. ?,~J'lO The City Attorney stated Mr. Cocke, Municipal Court Judge, had asked for legal representation'as prosecuting Attorney during court day each month. Mr. Kazben motioned, Mr. Marx seconded and the vote was unanimous to authorize representatial by tffiCitq I , Attorney. Rate of pay was fixed at $25.00. Meeting was adjourned at 9:2~ p.m. APPROVED: ~~UJ;f~ Mayo ATg~-./ Rob~rt. C. -Bue ker MINUTES OF THE MEETING OF THE CITY COUNCIL OF SCHERTZ, TEXAS HELD ON APRIL l6~ 1970 A special meeting was held at the direction of Mayor Roy W. Richard. Councilmen ~in attendance were Raymond G. Koym, Leonard J. Kasben and Mrs. Bobbi$2Koch. Meeting ~was called to order at' 8:00 p.m. 'Mayor Richard read a petition for annexation'of property ~bordered by FM 3009, FM 78, Live Oak Road and extension of Elbel Roa~t to ,FM 3.009." n)Motion was made by Mr. Koym, seconded by Mr. Kazben and voted on unanimously to accept the petition and proceed with annexation proceedings. The City Secretary was instructed to have such notice of public hearing scheduled for May 2, 1970 published in the Valley News newspaper on April 22, 1970. Discussion was held on movement of the Boy Scout hut to the proposed City Park recreational area. Mr. Eugene McCabe of the Urban Renewal Office presented cost figures for rehabilitatif!ljlr.?lJj.h'f ~~Mting structure in the amOlnt of $6982.00. Mrs. Koch was appointed project chairman and was instructed to explore all possibilities for reloca- tion and funding. Discussion was held on the legality of establishing a church at the present residence loc?ted at 309 Wright St. The City Secretary was instructed to check with Urban Renewal office and review zoning restrictions prior to rendering decision to interested partie s. Mr. Ch8rles C. Cross, City Engineer, related that approval was conferred on the water and sewer mains located in Greenfield subdivision. City Secretary was instructed to f9rward a letter of acceptance to the Edgar von Scheele Company. Votes cast'in the April 4, 1970 city election were canvassed QY the City Council. The .f.'olJ.owing results of, the election returned by j,he presiding juage of t'e election_,were: , , .:. 'i>:'~.'" "r r'~ 'ii~.....,i ill'~ .. . {y FOR MAYOR: Roy W. Richard - 203; ot tomar Schertz - 1; R. Durden - 1; Cliff Broadnax - 1; William Rinehardt - 1; Hugh Sandifer - 1; James Davis - 1; Emilie Anderson - 1; L. L. Rhea - 1; Edward M:llton - 1; Walter Scherta - 1; H. P. Thulemeyer - 1; H. flowers - 2; Hugo Ackermann - 3; and R. B. Stedman -1. Al~/ ;r 'JO FOR ALDERMAN: Mrs. Bobbie L. Koch - 153; Jimmie V. Dunham - 182; Robert E. Schwartz - lu5; E. B. Brinkman, Jr. - 1; and William D. Denham - 1. 18i- PROPOSITION # 1: For adoption of the sales tax issue - l6u Against the sales tax issue - 72 Mrs. Koch motioned the votes as reflected in the tally be accepted. Mr. Koym 3~,,'10 seconded and the vote carried unanimously. Mr. Kazben motioned to accept candidates for office and adoption of Proposit ion #1 as reflected by majority vote. Mr. Koym seconded and the vote was unanimous. Verbal complaints were received by the council on operation of a private business involving the repair of lawn mowers within the single family residence zoning area by a Mr. Carroll. The City Secretary was instructed to review applicable ordinances and take necessary action if required. Mr. Koym related the summer program will be supervised during June, July 31.s/10 and August by Mr. Tom~ Conder. Motion for acceptance of Mr. Conder as summer program director was made by Mr. Kazben, seconded by Mr. Koym and voted on unanimously. Current status of the High School drainage problem was related to the council ~'1~10 by the City Secretary. Motion was made to accept the latest bid by Lovaca Gathering,;) Co. for completion of the project with the school district and the City of .3chertz sharing costs on a SO-~O basis. Mr. Kazben motion~d, Mr. Koym seconded & voted Unanimously Comal County has requested the City of Schertz to provide a 60-foot right- ,of-way across property located at the Comal County utilities site for development 3~/7D of a new highway. Motion was made by Mr. Kazben, seoonded by Mr. Koym and voted on unanimously to deed the property at token paYl1l8nt providing the County provide chain link fencing, gate and new road access to the well site. Mrs. Koch motioned, Mr. Kazben seconded and the vote was unanimous to place ~'1~ '70 Mr. Robert E. Schwartz as a member on the Citizens Advisory Committee. The City Secretary was instructed to prepare proper papers. Meeting adjourned at 10:45 p.m. APPROVED: ATTEST: Cit 182 MINUTES OF THE MEETING 0 F THE CITY COUNCIL OF SCHERTZ, TEXAS HELD ON MAY 2, 1970 A special meeting was held at the direction of Mayor Roy W. Richard. In at-tendance were Councilmen, Raymond G. Koym, Jimmie V. Dunham and Leonard J. Kazben. Mayor Pro-Tem LJ Koym presided. Public hearing was held on a proposed ordinance to annex to the City of Schertz, that territoil'y bounded by FM 78, FM 3009, Live Oak Boad and Elbel Road. Mrs. Lena McCuistion and Mrs. l'airlee Adams were present. Proposed ordinance was read and motion made by Mr. Dunham to accept the ordinance. Mr. Kazben seconded and the vote was unanimous to adopt the' proposal for annexation. . c.\O' 'lD Approval was granted for issuance of ci ty ef.~c;:,trical licenses to three pending applications: Wietzel Electric, Uhr Electric and Mr. Carlton Jackson. ,--- APPROVED: ATTEST: 4 /f'/A, ~ City ::JeClretatf- /~,' ~ e~/f?.L.-b ay MINUTES OF THE MEETING OF THE CITY COUNCIL OF SCHERTZ, TEXAS HELD ON MAY 7, 1970 '_ I The regular meeting of the City Council convened at the direction of Mayor Richard. Aldermen in attendance were Edgar T. Marx, Raymond G. Koym, Mrs. Bobbie L. Koch, Jimmie V. Dunham and Leonard J. Kazben. The neeting was called to order at 8:10 p.m. Minutes of the meeting of Aoril 2, 1970 were read. Mr. Mane motioned, Mr. Dunham seconded and it was voted unanimously to accept the minutes as read. Minutes of the. meeting of' April 16, 1970 were read. Motion was made by Mrs. Koch, seconded by Mr. Kazben and voted on unanimously to accept the minutes as read. Minutes of the meeting of May 2, 1970 were approved ut1animously after motion by Mr. Dunham and seconded by Mr. Kazben to accept the minutes without change. ~./JO A letter from the Texas HighwaJT Department outlining proposed speed limits for FM 3009 and requesti~g adoption of an ordinance was read. An ordinaJ:e was proposed and same voted on unallimously after motion by Mr.. Koch and seconded by Mr. Koym to accept same. Ordinance I 213 reads as follows: ORDINANCE # 213 WHEREAS, in Schertz, Texas, an engineering and traffic investigation has been made to determine the maximum, reasonable, and prudent speeds on the section of: Farm to Market HighwaJT 3009 from the North City Limits of Schertz Southerly to the South City Limits, a distance of 0.903 miles approximately. ~ i WHEREAS, it has been determined by the engineering and traffic investigation that the maximum, reasonable, and prudent speeds for the section of highway described above are as shown on the attached plans. I I 1_ Now, therefore, be it ordained by the City Council of the City of Schertz, Texas ':'r~. 1::':&""> j . Ii 183 that the City of Schertz, Texas, hereby declares and fixes the maximum, reasonable, and prudent speed limits to be as shown on the above plans. All ordinances and part>> of ordinances in conflict are hereby repealed. ,-- PASSED AND APPROVED May 7, 1970 CITY OF SCHERTZ By: /s/ Roy W. Richard ATTEST: /s/ Robert C. Bueker A letter from the San Antonio River Authority summarizing the meeting conducted in Universal City on April 27, 1970 was read. Action was postponed until a transcript of the tape recording of that meeting was made available by Universal City. A letter from the State Dept. of Health outlining services available to municipali- ties was read. No action was taken. A letter from the State Highway Dept. indicating that installation of new crossing signals for FM 1518 and the Southern Pacific RR intersection had been included in the 1970 budget was read. City Secretary was instructed to prepare a letter requesting the type-installation proposed and asking for present signal system to be relocated at the Live Oak Road crossing. Guadalupe Valley Electric Co. submitted a letter and resolution requesting a franchise be granted their compaqy. The City Council, after discussion, denied the request. City Secretary was instructed to so notify GVEC. Mr. Zacherson had submitted a complaint on a low spot existing on the road surface at the corner of Colony and Mitchell streets and was a collection point for stagnant water. City Secretary was instructed to forward a letter requesting engineering evaluation to the City Engineer and to Schaeffer Homes, Inc. The lease of a mobile radar system by the Police Dept. was explained to the City Council. This item will be contained on the July 1970 agenda for evaluation. +,-~70 , Request was made by the City Secretary to purchase limited office equipment. Mr. Dunham motioned, Mr. Marx seconded and the vote was unanimous to authorize the purchase. Mr. George Barnard presented a propeeed schetch of a concession stand to be built at the Little League ball park. Discussion was held on method of financing. A proposal was submitted by the Lion's Club for financing of the ball park and concession stand in return for license to indefinitely operate the concession facility. City Council did not desire the binding aspect of such a resolution and asked members of the Lion's Club Committee to meet with the City Council on May 12. City Engineer, Charles Cross asked for some commitment from the City for licensed operators to perform operations and maintenance for the Schaeffer Rural Road Water System. City Council asked for deferment of action pending discussion with City Utilities personnel. Seven residents of the 1vestland Park Subdivision registered complaints against the LoVaca Gathering Co. pipeline distribution plant operation located at Lindberg and Aviation streets. Complaints were noise, noxious odors and fear of ignition of released gases. City Secretary was instructed to receive official written complaints and forward them to the responsible party. 1_84 I : I LJ ~\\ ~ ~ 185 Mr. Odo Riedel appeared before the Council to request a study be made for possible tax concessions to be given as an incentive to the encouragement of new business to the City. The Tax Assessor was asked to provide the City Council with a listing of all businesses now operating in the City. The City Secretary informed the City Council that Treasury Bonds purchased with Sinking Fund monies held in escrow by Frost National Bank were maturing on May l~, 1970 and that new investment should be made to cooincide with date of maturity. City Secretary was in~tructed to proceed with reinvestment of available cash surpluses. AT'fFST:~ ~ Gity S~c~tary APPROVED: /Pn/ffr;RJ aAd Ma~~"" ~ MINUTES OF THE MEETING OF THE CITY COUNCIL OF SCHERTZ, HELD ON MAY 12, 1970 A special meeting was called at the direction of Mayor Richard. Aldermen in attendance were; Mrs. Bobbie L. Koch, Leonard J. Kazben, Raymond G. Koym and Jimmie V. Dullham. The meeting was called to order at 8:00 p.m. Mayor lJ..:3'10 Richard read proposed ordinance #214, annexation of property bounded by FM 3009, T FM 78, Live Oak Road and Elbel Road. Mr. Koym motioned, Mr. Dunham seconded and the vote was unanimous to annex said property. The ordinance reads as follcws: ;-- ORDINANCE NO. 214 ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF SCHERTZ, GUADALUEECOUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS AND REGTTLATIONS OF SAID CITY. WHEREAS, a petition has been signed by a majority of the property owners who a~ citizens of the StatE of Texas and inhabitants of the following described territory, to-wit: BEGINNING at a point in the City Limits line of the City of Schertz, which point is in the south ROW line of FM 78 at its intersection with the east ROW line of Bubbling Springs Road: THENCE, with the City Limits line of the City of Schertz as follows: Westerly, with the said south ROW line of FM 78 to an angle point in said City Limits line: Northerly, across said FM 78 and the G.H. and S.P. RR and continuing to the northeast corner of the Aaron Beck tract; Westerly, with offset, along the north line of said Aaron Beck property, the Herbert Beck property and the Henry Beck property to a point in the east ROW line of Live Oak Road; Northerly with the said east ROW line of Live Oak Road to the intersection of said east ROW line with the south ROW line of Curtiss Street; 186~ N 600 E 20.0 feet; S 29~ E 7~.0 feet; N 600 E 58~.5 feet; N 290 W 26 ~.O feet; S 600 W 58~.~ feet; S 290 E 130.0 feet; S 600 W 20.0 feet to a point in the east ROW line of Live Oak Road; THENCE, with the said east ROW line of Live Oak Road N 300 W 1~0.5.7 feet to the intersection of said east ROW line with the centerline of Elbel Road; THENCE: ,-- ---' THENCE, with the said centerline of Elbel Road N 600 E 2170.~ feet; THENCE, N 300 w 30.0 feet to the intersection of said City limits line with the north R6W line of Elbel Road; THENCE, departing from the present City Limits line of the City of Schertz, along the said north RaN line of Elbel, produced, N 600 E l3~.~0 feet to the intersec- tion of said north ROW line of Elbel Road, produced, and the east ROW line of FM 3009; ~N61, southerly with the said east ROW line of FM 3009, and produced, 2960.~ feet to the intersection of said east ROW line of FM 3009 and, produced, and the south ROW line of I'M 78; THENCE, westerly with the said south ROW line of PM 78, 831.0 feet to the point of beo.inning. j), II 9", WHEREAS, said territory is adjoining the City of SChertz, and, Wfu!;tu:!;AS, said petition, desiring and requesting the annexation of said territory of said Mty has been presented to the City Council and has attached to it the affadivit of nine ($) applicants to the effect that siad petiticrl is signed by a majority of the qualified voters within such property: NON THEREFOR, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: That the following described property, to-wit: BEGINTlJING at a point in the City Limits line of the City of Schertz, which point is in the south ROW line of FM 78 at its intersection with the east ROW line of Bubbling~Springs Road; THENCE, with the City Limits line of the City of Schertz as follows: Westerly, with the said south ROW line of FM 78 to an an gle point in said City Limits line; Northerly, across said FM 78 and the G.H. and S.P. RR and continuing to the northeast corner of the Aaron Beck tract; Westerly, with offset, along the north line of said Aaron Beck property, the Herbert Beck property and the Henry Beck property to a point in the east RO~T line of Live Oak Road; TRE:NCE': o N 60 E 20.0 feet; S 290 E 7~.0 feet; N 600 E 58~. ~ feet; o N 29 W 26.5.0 feet; ~ ~~g ~ t~~:a i::ii S 600 W 20.0 feet to a point in the east ROW line of Live Oak Road; f'mg",' '~,'-_ "'~"t. ,",,,.',>Jl :~}~'i' ' ., .. . '. .' .,~ '.. ".'.' ,".;,.j "':"'" ~1.' . ",",.1.",,)1. .J...., '. ,",,,... , ;""",,,,",~... " ~'" 187 ~,rF'7(~FTJIENCE, with the said east ROW line of Live Oak Road N 300 W lLOS.7 feet to the intersection of said east ROW line with the centerline of Elbel Road; THENCE, with the said center1 ine of El be 1 Road N 600 E 2170.5 feet; , 0 C THENCE, N 30 W 30.0 feet to the intersection of said ity Limits line with the north ROW line of Elbel Road; THENCE, departing from the present City Limits line of the City of Schertz, along the said north ROW line of Elbel, produced, N 600 E 1351.50 feet to the intersection of said north ROW line of Elbel Road, produced, and the east ROW line of F.M 3009; THENCE, southerly with the said east ROW line of FM 3009, and produced, 2960.4 feet to the intersection of said east ROW line of FM 3009 and, produced, and the south ROW line of FM 78; lIfHENCE, westerly with the said south ROW line of FM 78, 831.0 feet to the point of be ginn ing . 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 here after 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, ordi- nances, resolutions and regulations of said City. PASSED by an affirmative vote of all members of the City Council, this the 12th day of May, A. D., 1970. APPROVED: 1s/ Raymctld G. Koym, Mayor Pro-Tern /13/ Roy W. Richard, Mayor ATTEST: /s/ Robert C. Bueker, City Secretary Discussion was held on the building of a concession stand at the prop0sed Little O! League ballpark to be located in the City Park recreational area. Motion was rrade 1.f1f..1 by Mrs. ~och, seconded by Mr. Kazben and voted on unanimously to declare an emergency to waive legal time restrictions and to issue bids for construction of the concession stand. City Secretary was instructed to prepare advertising for, release in May 20 edition of The Valley News. Subject bids are to be opened at 8:30 a.m., May 27, 1970. It was further agreed that the City Council would meet with the Schertz Lion's Club on May 14 to resolve contract negotiations on leasing of the above mentioned facility. accep~oj{~.p~t!aB ~de by Mr. Koym, seconded by Mrs. Koch and voted unanimously to 4-5~7~ annex tb tfie 8ltyOof Schertz that property belonging to Helmuth Dietz, Dennis Eietz and Edgpr VonScheele, all of which is located in the northeast corner properties bounded by Live Oak Road and FM 3009. Dr. Richard read notes of the meeting held with SARA on April 27. Discussion followed' 'on issuance of bonds to increase the Schertz plant capacity. Mr. 1.vestermann, financial advisor to the City indicated bonds in the amount of $600,000 in revenue and $2~0,000 in tax bonds could be issued on the basis of the City financial si tuation. Letter from the Schertz Volunteer Fire Department recommending Mr. F. H. Rusch as Rire Marshall, Mr. William Schulz as Asst Fire Marshall and Mr. Archie 188, /\0 Woodward ~ Fire Chief for the coming year was read by Hr. Richard. Motion was made by Mr. Koym, seconded by Mr. Kazben and voted on unanimously to accept the nominations as submitted. City Secretary was instructed to inform the state Fire Insurance Commission of the appointments. A letter received from Mrs. Hale, 100 Valley Oak, complaining about damage to the rock wall in Lone Oak City Park was discussed. Matter was refereed to Utilities Dept. to che ck on repair of the structure. \.\'1,,",0 Mr. Edward Melton was designated as Park Director for the City Summer Program. Funds in the amount of $300 per month for the period of June, July and August 1970 will be allocated to Mr. Melton. Mr. Dunham motioned, Mr. Kazben seconded and the council voted unanimously on the issue. ,--., I I L! In response to a letter received from Mayor Prater, Universal City relating to ETJ dispute and annexation of the Rittiman Addition by the City of Schertz, it was agreed that the City Engineers of the respective cities meet to settle differences on ETJ and that the City Secretary prepare a favorable reply to Universal City on all issues. u.-t,10Mr. Charles Cross, City Engineer, requested the City of Schertz make a resolution 'to negotiate for the use of City of Schertz certified Water Department personnel to perform operational and maintenance work for the Schaeffer Rural Road Water Compa~. ~U'. Dunham motioned, Mrs. Koch seconded and the vote was unanimous to issue such reso- lution. Meeting adjourned at 11:05 p.m. APPROVED: ATTEST: 4 d/~ City ~-1:a'A. MINUTES OF THE MEEI'ING OF THE CITY COUNCJL OF SCHERTZ, TEXAS HELD ON MAY 14, 1970 A special neeting was called by Mayor Richa roe Alderllen in attendance were Mr. Jimmie V. Dunham, Leonard J. Kaaben, Mrs. Bobbie L. Koch and Raymood G. Koym. ' The meeting opened at 8:00 p.m. with discussion held on the construction of a Little League baseball park. Members of the Lions Club were present. The City proposed to ~instal2 a temporary concession stand and rent chemical rest rooms for the 1970 season .~ and to work toward a permanent facility for 1971. Motion was made by Mrs. Koch and '" seconded bY' Mr. Dunham to purchase a concession building for an approximate price of $400.00 and to rent rest room facilities. Vote was unanimous. It was further agreed to present the Lions Club with a proposed lease agreement for operatioo of tre concession ~t)Stand and operation and rmintenance of the Little league field. Mr. Kazben motioned fJ'O Mrs. Koch 'seconded and the vote was unanimous to draw up a lease as discussed. Mr. Archie Woodward, City Fire Chief recommended tre City accept a steel con- struction building being donated by Volkswagen Co. for use as a fire station. Con- ditions of the gift are: removal of too building from present location by August 2 and use of the building by the Volunteer Fire Dept. Agreenent was reamed to accept the gift and proceed with other arrangements for land acquisition, building site preparation and movement of the structure. Meeting adjourned at 10:00 p.m. APPROVED: ~~ Mayor ./ ~,l;""'.... '.' , ~;~'!';: ~....."'!, ,..;<1:. ..;::-:;.. '; ':IIIIll&:,Z;: . 189 r- A=Rc4.-~ City S~cretary MINUTES OF THE MEETING OF THE CITY COUNCIL OF SCHERTZ, TEXAS HELD ON JUNE 4, 1970 The regular meeting of the City Council convened this date at the direction of Mayor Roy W. Richard. Aldermen in attendance were Raymond G. Koym, Mrs. Bobbie L. Koch, Jimmie V. Dunham and Leonard J. Kazben. Meeting convened at 8:00 p.m. Minutes of the meeting held on May 7, May 12 and May 14 were read and approved without change. Item contained on the agenda of May 12 Council meeting relating to bids for a concess~on stand at the Little League Ball Park was discussed and motion made by Mrs. Koch, secon~ed by Mr. Dunham and voted on unanimously to reject this proposal. !5k'10 City Budget was brought before the council and deferred until June 11 for debate at a special session, allowing Council members time for study of proposals. Findmng!3 of the Board of Equalization were reviewed and accepted by the Council. 5 ~.10 Motion was made by Mr. Koym, seconded by Mr. Dunham and voted on unanimously to dismiss the Board ~~rEqualization for 1970. i I Discussion was held on City Ordinance #52 and proposal for adoption of an air pollutidn ordinance. City Secretary was instructed to confer with the City Attorney on these items. Discussion was held on the need for rezoning newly annexed areas to the City. Too City Secretary was instructed to mPet with Mr. Mok, Planning Consultant for preparaticn of rezoning proposals. Mrs. Koch briefed other Council members on Scouting relocation. Indication was made that Scouting headquarters would be willing to relocate the scout hut from present locatio~ to the City Park if suitable l~cation could be found. Further discussion will be held on.' June 11. Deer Haven annexation was discussed and shelved pending advice from the City Attorney~ i Unofficial census figure of 3,980 was brought before the council. Discussion fo110we~ on ac1visabili ty of cond-lJ_ct~ing our own door to door count. City Secretary was to brin~ a proposal for conducting this count before the Council on June 11. : i Electrical license for Calhoun Electric Co., San Antonio was approved after motion by Mr. Dunham, Seconded by Mr. Koym and voted on unanimously by council members. 53-70 Letter from the Citizens Advisory Council was read. Request for a new city map was fulfilled. Question of debris alongside the Southern Pacific RR was discussed and the City Secretary instructed to contact SP on removal. Letter of resignation of Mr. LaBree from the Citizens Advisory Council was read and accepted Motion was made by Mr. Dunham, seconded by Mr. Kazben and voted unanimously to have tHe City Secretary attend Course # IV of Tax School being held in July or August. 51t~7D 190 ,,0 ~Mayor Richard proposed a $~O.OO raise for the City Secretar,y salary for consideration after six-month's trial period be considered. Mr. Kazben motioned, Mrs. Koch seconded and vote was unanimous to have the raise effective June 1, 1970. Fire Drill training was read and noted. Mr. Marin, police department trainee, conpleted 90-day training period for City. Upgrade in salary is to be considered on June 11. Patrolman Cox will resign effective August 17, 1970 to attend school full-time. He desires to remain active in police work and has requested part time employnent. Police Commissioner and Chief of Police will confer and make recommendation June 11. Meeting was adjourned at 10:00 p.m. ATTEST: APPROVED: W Jff,2:~ Mayor d 4:i- c aL City Secretary MINUTES OF THE MEETING OF THE CITY OF SCHERTZ, TEXAS CITY COONCIL HELD ON JUNE 11, 1970 A special meeting was called by Mayor Richard to discuss annexation of Deer Haven, Relocation of the Boy Scout Headquarters, Rivision of Plumbing Ordinance and approval of the City Budget. Aldermen in attendance were: Leonard J. Kazben, Edgar T. Marx, Raymond G. Koym and Mrs. Bobbie L. Koch. oMayor Richard opened the meeting at 8:00 p.m. with reading of the petition by Deer t' Haven residents. Mr. Kazben motioned, Mrs. Koch seccrlded and the vote was unanimous 4J." to proceed with annexation. Announcement will be on June 17, public hearing en June 27 and final annexation on July 7. Mr. Bill Walker, representing the Boy Scouts appeared before the City Council to discuss relocation of the scout hl;lt. Requirements are a 150' x 300' area. Agree- ment was reached to relocate into the City Park area under a long-term lease arange- mente The City expressed a willingness to furnish land in the park area north of Aero Ave. Mayor Richard read the Housing Authority approval of wage ceilings for 23~ housing. Mayor Richard presented proposal by Mr. Odo Riedel to locate a small trailer part directly behind his apartment complex (located behind Palm's Shopping Center). No. action was taken. The Chamber of Com1rerce requested the City furnish 10 per cent of revenue collected from the 1% sales tax to the Chamber for use in supporting C of C activities. Revision of the City Plumbing Code allOW'ing the use of plastic pipe in all areas ~() above foundation level was brought before the council. Motion made by Mr. Koym, .[!. seconded by Mr. Marx and voted on unanimously to request City Attorney proceed with ') revision as requested. ~ 1:' i-.c;". i..l; .' '~1Il ..,/iIi;.t~ '....iIl;..'''':....,~_:A>~ \ approved as follows: 191i City Budget for fiscal year 1970 was discussed and City Salaries: Mayor and Council Sec/Treas/TaE Alc City Inspector Recreation Dept. Social Security The Police Dept. Salaries: Chief Patrolman #1 Patrolman #2 Municipal Ct. Judge City Attorney Dispatch Service Mom Patrol Operations & Maintenance: Operation & Repair Printing Costs Uniforms Dog Pound Operation Fire Departrrent: Salaries Truck Expenses Attendance Drawing Fire Phone s Conventions Equlhprrent & Supplies A&M School Insurance Secretary Pay Clothing Expense 42.00 6600.00 2700.00 900.00 1400.00 11,642.00 6600.00 ,Shoo. 00 14800.00 500.00 300 .00 1200.00 ~O.OO 19,440 1800.00 250.00 550.00 500.00 3,100 22,540.00 1200.00 100.00 214.00 210.00 60.00 340.00 300.00 306.50 120.00 1500.00 4,160.50 othe r: street Maintenance 500.00 Insurance & Bonds 2500.00 Office Supplies 2000.00 Printing Costs ' 500.00 Recording Fees 50.00 Advertising 600.00 Dues & Subscriptions 110.00 Janitorial Services 240.00 Board of Equalization 200.00 Welfare Dept. 300.00 Telephone & Utilitie s 1325.00 Interest & Sinking Fund 11)000.00 Election Costs 200.00 Park Construction 3000.00 Comprehensive Plan 2700.00 Contingency Fund . lhD456.50 Professional Fees: City Attorney Ci ty Engineer Surveying Accounting Legal Schooling (Employees) Other 40,681. 50 600.00 400.00 500.00 400.00 1000.00 lS88:88 192 Texas Municipal League Planning Consultant 200.00 600.00 TOTAL EXPENDITURES: fu!;v ~'ffiES : Ad Valorum Tax (based 90%) 53,184.00 FRANCHISE & REBATES: Southwestern Bell GVEC Uni ted Gas 2,250.00 4,600.00 1, IJOO.OO 8,350.00 Licenses & Permits: Beer & Liquor Peddler Dog Licen se Electrical Building PI umbing Notary 90.00 30.00 130.00 450.00 970.00 1,165.00 10.00 2,835.00 Municipal Court Sale s Tax Interest on CD's Tax Certificates Dog Pound 10,000.00 8,000.00 1,800.00 55.00 300.00 5,500.00 84,524.00 53,184.00 8,350.00 2,835.00 10,000.00 8,000.00 1,800.00 55.00 300.00 84,524.00 It was agreed to meet with Mr. Westerman, Texas Securities Corp. to proceed with bond issue on June 16th. City Secretary was instructed to inform Mr. Westerman of the desired meeting. Meeting was adjourned at 10:45 p.m. A. T~ES.~. . /' . /Grlr-rd City :-Jecretary APPROVED: ...~~ Mayor(J , . .. e ~ MINUTES OF THE MEETING OF THE CITY COUNCIL, CITY OF SCHERTZ, TEXAS HELD ON June 15, 1970 . A special meeting was called at 5:00 p.m. In attendance were Mayor Pro-Tem Raymond G. Koym, Mr. Leonard J. Kazben, Mr. Jimmie V. Dunham and Mrs. Bobbie L. Koch. A public hearing was held for oonexation of that property mId by Helmuth Diettf~ ~nnis Dietz and Edgar vooScheele as described in the Valley News publication of June 10, 1970. No objections were posed to annexation of said property. "'t-:'X~-'i':r'- C. :.' ;&~~,~ ~''''~''jrt:':f:~ ,-iL.~ .I ....,.J: APPROVED: 19;- I c1?~"A~ M~r""'Jvv- ~ ATTEST: A';?~-L- ~L:aJ~ City Secretary MINUTES OF THE MEETING OF THE CITY COUNCIL, CITY OF SCHERTZ, TEXAS HELD ON JUNE 16, 1970 A special meeting was called by Mayor Richard at 8:00 p.m. Councilmen in attendance were Mrs. Bobbie L. Koch, Mr. Leonard J. Kazben, Mr. Jimmie V. Dunham and Mr. Raymm~ G. Koym. City Financial Advisor, Mr. Floyd Westermann presented informati'Jn relat:i1 g to a proposed city bond election. Procedures for transferring funds from the Utili1 ies General Fund account to the City General Fund account for the purpose of issuing revenue bonds was discussed and approved. Mr. Koym motioned, Mr. Dunham seconded 5~7lJ and the vote was unanimous to reflect proposed changes for the last fiscal ye ar of those monies expended from too utilities fum},'for city projects. Mr. l.J'estermann the read the proposed resolution and minutes for tffi bond election. Agreement was reacC 3d by cOlmcil members to hold a special council session on June 19, authorizing passagE of the resolution for tffi eleetion to be held on July 18. The City Utility Department Budget for 1970 was approved by unanimous vote after ~'7O motion by Mr. Dunham and second by Mr. Kazben. Budget follows: Salarie s : Supervisory Office Other SUB 'IDTAL Office and Billings Operational Supplies Repairs Utili tie s Truck & Tractor Water & Sewer Treatment Transfer Int. & Sink. Social Security Tax Miscellane ous Accounting Sub-division rebate SUB TOTAL Water Sewe r EXPENDITURES 18,900.00 8,700.00 14,880.00 42,480.00 2,035.00 8, tJOO.OO r:;tJO.OO 6,525.00 1,393.l)tJ 2,901.62 38,62r:;.OO 3,200.00 1,00').00 625~'00 2,500.00 67,85tJ.17 TOTAL EXPENDITURES 110,50r:;.44 REVENUES 87,444.19 30,122.02 TOTAL REVENUES 118,I)OtJ.44 NET 8,170.27 194 APPROVED : ATTE'3T~ /~ .~~ ~ City ~ec.;:[~ - ,-- I I ~ MINUTES OF THE MEETIN G OF THE CITY COUNC IL, CITY OF SCHERTZ, TEXAS HELD ON JUNE 19, 1970 (\0 0' IP A special meeting was called by Mayor Richard which crnvened at 7:45 A.M. Alderrren in attendance included Mr. Leonard J. Kazben, Mrs. BOBsie L. J;och, Mr. Jimmie V. Dunham and Mr. Raymond G. Koym. Resolution on proposed bond issue to be held en July 18, 1970 was read. Mr. Dunham motioned f'or acceptance, Mr. Koym seconded and the vote was unanimous to proceed with the election as f'ollows: 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 deemsit advisable to cat 1 a bond election f'or the purposes hereinaf'ter mentioned; therefore, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CIT Y OF SCHERTZ, TEXAS: SECTION 1: That an election be ehld on the 18th day of July, 1970, which date is not less than fifteen (15) days not more than thirty (30) days from the date of the adoption hereof, at which election the following propositions shall be submitted: PROPOSITION NtTMBER 1 "SHALL the City Council of the City of Schertz, Texas, be authorized to issue revenue bonds of said City in the arount of SIX HUNDRED THOUSAND DOLLARS ($600,000), maturing serially in such installments as may be fixed by the City Council, the maxiTm.1m 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 detemined within the discretion of the City Council at the time of issuance, for the purpose of improving and extending the City's Sanitary Sewer 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 of' the City's combined Waterworks and Sanitary Sewer System, and in the event of tIE 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 reven~es of all of such combined Waterworks, Sanitary Sewer, Electric Light and Power and/or Natural Gas Systems, each bond to be conditiornd 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?" , '0---:_-:::111 i I I I PROPOSITION NUMBER 2 "SHALL the City Council of the City of Schertz, Texas, be authorized to issue TWO HUNDRED FIFTY THOUSAND DOLLARS ($2~0,000) general obligation bonds of said City for the purpose of improving and extending the City's Sanitary Sewer System, said bonds to mature serially over a period of years not to exceed Forth (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 '''':~I.. ':4'" " 'I ,4...,. ; principal 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?" 19!i' r P~OPOSITION NUMBER 1 "THE ISSUANCE OF $600,000 REVENUE BONDS FOR SEWER IMPROVEMENTS AND EXTENSIONS" PROPOS ITIr'iN NTTMBER 2 } "THE ISSTTAl'TCE OF $2~0,OOO GE!\TFRAL OBLIGATION SElNER DIJPROVEMENTS AND EXTENSTONS BONDS" The word "F1lR" and beneath it too word "AGAINST" shall be made to appear or. the left of each of the propositions. A square shall be printed on the left of eac h of the words !!FORtt and "AGAINSTtt and each elector shall place an ttX" in the llquare beside the statement indicating the way he wishes to vote. (insert as indicated - taken out of context) r SECTION 2: That the official ballots for said election shall be prepared in accordance with the V.A.T.S. Election Code so as to permit the electors to vote ")"FOR" or "AGAINST" too aforesaid propositions, which ::hall be set forth in sub- . ~tantially the following form: SECTION 3: That said ele cti on shall be held at the Fire Station in said City and the entire City shall constitute one election precinct for said election. SECTION 4: That the following named persons are hereby appointed officers qf the ele cti on: Pres! ding Judge Alternate Presiding Judge The Presiding Judge shall appoint not less than 2 nor more than 4 qualifie( election clerks to serve and assist in holding said election; provided thRt if the Pre siding Judge herein appointed actually serves, the Alternate Pre si ding Judge she n be one of the clerks. On election day the polls shall be open from 8 A.M. to 7 P.M. Absentee voting shall be conducted at the City Secretary's office in the C:ty Hall in accordance with the provisions of V.A.T.S. Election Code, Chapter ~. SECTION 5: All resident qualified electors of the City, including those wlo own taxable property in said City and who have duly rendered the same for taxation shall be permitted to vote at said election. At said election two separate ballot boxes shall be provided at the polling place. In one box only resident qualified electors who own taxable property and have duly rendered the sarre for taxation shall be allowed to vote. In another box all resident qualified electors (who are otherwise qualified but do no L own taxable pe operty which ha s 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 seperately the vO' ,es 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 tho:e who own taxable property and who have duly rendered the same for taxation). SECTION 6: That a substantial copy of this resolution and order shan ser"'8 as proper notice of said election. Said notice shall be posted in the election pr. - cinct and at the City Hall not less than fourteen (14) full days prior to the date on Iii 1_96 which said election is to be held, and be published on too same day in each of two successive weeks in a newspaper of ~eneral circulation in said City, published therein, the first of said publications to be made not less than fourteen (14) full days prior to the date set for said election. ATTEST: s/t/ Robert C. Bueker City Secretary, City of Schertz, Texas PASSED AND APPROVED this the 19th day of June, 1970. s/t/ Roy W. Richard Mayor, City of Schertz, Texas (City Seal affixed) Meeting ~vas adjourned at 8:1~ A.M. APPROVED: A=S~Jc-~ City iecretary c;;2-,u/ ~ ~yo~ d MINUTES OF '!HE MEETING OF THE CITY COUNCIL, CITY OF SCHERTZ, TEXAS HELD ON JUNE 25, 1970 A special meeting of the City Council was called by Mayor Richard to convene this o date at 7:45 p.m. Aldermen in attendance were: Mr. Leonard J. Kazben, Mrs. Bobbie /' L. Koch, Mr. Jimmie V. Dunham and Mr. Raymond G. Koym. Mayor Richard read proposed " City Ordinance # 216. Mr. Dunham motioned, Mrs. Koch seconded and vote was unanimous to accept the ordinance as read. Ordinance follows: CITY OF SCHERTZ ORDINANCE NO. 216 ANNEXING THE Itl!;MINAFTER DESCRIBED TERRITORY TO THE CITY OF SCHERTZ, QUADALUPE COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFI'ER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE AC'IS, ORDINAmCES, RESOLUTIONS AND REGULATIONS OF SAID CITY. WHEREAS, a petition has been signed by a majority of the property owners who are citizens of the State of Texas and inhabitants of the following describ~d territory, to-wit: BEGINNING at a point in the east ROW of FM 3009 at its intersection with too north ROW line of Elbel Road, produced easterly, which point lies in and is a corner of the City Limits line of tte City of Sctertz; THENCE, northerly with the said east ROW line of FM 3009 b its intersection with the south ROW line of Live Oak Road; THENCE, westerly with said south ROW line of Live Oak Road to a point in said ROW line which point is the northeast corner of Greenfield Village, Unit One and lies in and is a Corner of the City limits line of theCity of Schertz; TPENCE, with said City Limits line o:f tte City of Schertz as follows: S 250 21' E 249.7 feet to a point . '.. :"l!'-....ii!l;1, "~,.'.. .:II"jlliiJ ,', l; i1__'''' ....=)~d_.aw , ", " .~ ';ll..;mr.El,".iIlI~, ".,~~~, N 6ijo 42' E 1~6.l feet to a point; S 250 18' E 458.6 feet to a point; S 060 48' E 376.3 feet to apoint; S 890 49' E 13S.9 feet to a point, the PC of a curve to the left; 191 I ,-- I l Northeasterly With a curve to the left to a point in the curved west Row line of FM ~)()9; I Southerly with the west ROW line of FM 3009, 208.5 feet to a faint; N 890 50' W 178.4 feet to a poin t; S ~7e 19' W 9c;o.4 feet to a point; S 29~ S6' E 9.9 feet to a point; S 600 04' W 180.0 feet to a point in the west line of the Edgar vonScheele tract whic h is the east line of the Je ssie Wilson tract, and which point isthe southwest c orner of Greenfield Village, Unit One; and lies in and is a corner of too City Limits line of rtb.e City of Schertz; THENCE, southerly with the said west line of the Edgar vonScheele tract to its inter- section with the north ROW line of Elbel Road, which point of intersection lies in ttl=l City Limits line of the City of Schertz; THENCE, easterly with said City Limits line of the City of Schertz and the north line: of Elbel Road to the point of beginning. WHEREAS, said territory is adjoin~g 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 three (3) applicalbts to the effect that said peti tion is signed by a !1Bj-'rity of the qnalified voters within such property: New THEREFOR, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: That the following described property, to-wit: : I BEGINNING at a point in the east ROW of FM 3009 at its intersection with the north RC~ line of Elbel Road, produced easterly, which point lies in and is a corner of the Citlf Limits line of the City of Schertz; THENCE, northerly with the said east R01J1l line of FM 3109 to its intersection with the south ROW line of Live Oak Road; THENCE, westerly with said south ROW line of Live Oak Road to a point in said R01J1l lir e which point is the northeast corner of Greenfield Village, Unit One and lies in and j6 a corner of the City Limits line of the City of Schertz; THENCE, with said City Limits line of the City of Schertz as follows: S 250 21' E 249.7 feet to a point; N 640 42' E lS6.1 feet to a point; S 250 18' E 458.6 feet to a point; S 060 48' E 376.3 feet to a point; S 890 49' E 135.9 feet to a point, the PC of a curve to the left; - Northeasterly with a curve to the left to a point in the curved west ROW line of FM ~P<ll9; i Southerly with the west ROW line of FM 3019, 208. S feet to a point; 19~8 N 890 50' W l78.L feet to a point; S 57~ 19' W 950.4 feet to a point; S 29 56' E 9.9 feet to a point; S 600 04' W 180.0 feet to a point in the west line of the Edgar vonScheel"e tract which is the east line of the Jessie Wilson tract, and which point isthe southwest commer of Green- field Village, Unit One; and liesin and is a corner of the City Limits line of the City of Schertz; THENCE, southerly with the said west line of the Edgar vonScheele tract to its intersec- tion with the north ROW line of Elbel Road, which point of intersection lies in the City Limits line of the City of Scrertz; THENCE, easterly with said City Limits line of the City of Schertz and the north line of Elbel Road 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 incluoo 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, ordinan- ces, resolutions and regulations of said City. PASSED by an affirma ti ve vote of all members of the City Counc il, this the 25th day of June, A.D., 1970. APPROVED: s/t/ Roy W. Richard Mayor Attest: s/t/ Robert C. Bueker City Secretary (City Seal) ~Q ~ \.9 City Ordinance # 217, proposed, was read by Mayor Richard. Mr. Kazben motion, Mr. Dunham seconded and vote was unanimous to adopt the ordinance as read. Ordinance follows: CITY OF SCHERTZ ORDINANCE NO. 217 AN ORDINANCE DECREEING CLOSING OF' A CITY ALLEY AT THE RRQTTEST OF AlliOINING PW1PERTY O"TNERS. WHEREAS, tl'E City of Schertz, Texas is the legal owner of certa:ln said property located between Williams and Pfeil streets of said City and fronting on Hain Street and recorded on tl-B Ebert Addition plat rn file in the GuadaluPe County Courthouse, and said proPerty consisting of a city alley 12' wide x 160.9' in depth and ownership of this property is no longer required by the City of Sche rtz, Texas and; WHEREAS. tl)3 City of Schertz desires to close this alley at the reqoost of all adjoining property owners (less that portion fronting on Maiu Street required by Urban Renewal ] Agency to accommodate widening of Main Street under the Buffalo Valley North Urban Renewal Program, Project R-112); ~YIa ~l.;.l . ' , '.1" ~ i:'tJ: ,~;~ ", i.. :.~.,...I..,::i "At,:'6/. ' ","':lolooo.._~_... 1991\ THEREFORE, BE IT ORDAINED BY THE CITY COlJNClL OF THE CITY OF SCHERTZ, TEXAS to-wit; That the aforementioned property is declared closed and adjoining property holders n~y hold and use such property for personal use and that any and such costs as may be incurred to effect this right-of-use or to define metes and bounds of such property shall be the responsibility of the grantee. PASSED AND APPROVED BY rliAJORITY VOTE OF THE CITY COUNCIL, CITY OF SCHERTX, TEXAS, this the 2~th day of June 1970. A ,:>pROVED: s/t/ Roy W. Richard, Mayor ATTEST: s/t/ Robert C. Bueker, City Secretary (City Seal) Discussion was held on proposed increase in telephone rates. It was conceded that the City Council adopt too position of having the Bell Telephone Coihpany eliminate t'toll charges" as a condition for rate increases. City Secretary was instructed to write a letter to this effect. Mrs. Bennett, Chairman of the Citizens Advisory Committee was briefed on the City's position on the forthcoming July 18 band proposal. It was decided another briefing should be conducted with all members of the Advisory Committee on June 30. Meeting was adjourned at 9:00 P.M. APPROVED: ~~Q Mayor (j A=Td~c ~ City .3'ecreta:ry MINUTES OF THE MEETING OF THE CITY COUNCIL, CITY OF SCHERTZ, TEXAS HELD ON JUNE 27, 1970 A special meeting was held by the City Council, convening at 9:00 A.M. Aldermen in attendence were Mr. Leonard J. Kazben, Mrs. Bobbie L. Koch add Mr. Jimmie V. Dunham. Public hearing for annexation of "Deer Haven properties was held with representatives of the area in attendance. Following reading of the proposed annexation, questions were answered. No opposition to the annexa- tion was voiced. Meeting adjourned at 9:30 ~.M. APPROVED: I ! l ATTFSTU4C ~ City Secretary ~~MayOr I 200 MINUTES OF THE MEETING OF THE CITY COUNCTL, CITY OF SCHERTZ, TEXAS HELD ON JULY 2, 1970 The regular meeting oi' the City Ccuncil convened under the direction of Mayor ProTem Raymond G. Koym. Aldermen in attendance were: Mr. Jimmie V. Dunham, Mr. Leonard J. Kazben, Mr. Edgar T. Marx and Mrs. Bobbie L. Koch. Discussion was held on the forthcoming Bond Electi on of July 18 with refere nce to Universal City interest in the outcome. City Attorney Louis Saegert recormnended changing our sign to read "Municipal Court" instead of "Corporation Court." Recommendation was made that the City insist th2 t the Valley News print a corrected statement regarding tl'E Bond Election. Mr. Richard Brewer presented the annual report on insurance coverage, explaining the changes made and being made in insurance rates. Each member was furnished a copy of the city insurance coverage program. Mr. Dunham inquired on status of widening of Live Oak Road. He posed the question. when was Urban Renewal going to start and has tl'E City initiated any acti on on their 8art of the job. It was reported that the High School drainage ditch was near completion. Discussion was held on the joint Schertz/U .C. council meetin g to be held for developing a regional sewage system. Mrs. Koch recommended that a letter of tha~ks be sent Southern Pacific RR upon com- pletion of their clean-up job. ~l10 Mrs. Koch recommended tabling of tl'E Rebate Contract issue with Schaeffer Co. Mr.. Kazben seconded. Motion carried. A proposed "Welcome Letter" drafted by the Citizens Advisory Committee for use as a hand-out to newcomers was reviewed and recommendation made to rework the letter to reflect a warmer welcome and then proceed with printing. A letter of resignation of Mrs. Sisky from the Citizen's Advisory Committee was read and accepted. l\ l) ,,~. Dun\lam moved, Mr. Marx seconded and vote was unanimous that the City accept the Planning Assistance contract with Marmon, Mok & Green, Ind. Resolution authorizing this action was si~ed. Meeting adjourned. AITES~C ~ Ci"bY Secretary APPROVED: \ .~AA/~ M~r - r rf r", . MINUTES OF THE MEETING OF THE CITY COUNCIL, CITY OF SCHERTZ, TEXAS HELD ON JULY 9, 1970 i";:__.'(FLiiI .'... , {i"'~' .., i&J~.~~~~l\li\i;\~-" '....'1$~~ ';,j't A. 20__ r- A special session of the City Council convened at the direction of Mayor ProTem Raymond G. Koym for the purpose of final annexation proceem_ngs on Deer Haven Subdivision. Aldermen in attendence were I'1r3. Bobbie L. Kocn, Mr. Leonard J. Kazben and Mr. Jimmie V. Dunham. Mr. Koym read proposed Ordinance No. 218. Motion was made by Mrs. Koch, seconded by Mr. Dunham and passed by unanimous vote. Ordinance No. 218 reads as follows: tp5" 1 0 ! :1 CITY OF SCHERTZ ORDINANCE NO. 218 ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF SCHERTZ, GTTADAllJPE " COUNTY, TEXAS, AND EXTE!\1DTNG THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCVlDE SArI) HEREINAFTER DESCRIW'D PROPERTY I<JITHIN SAID CJTY LIMITS, AND THE RIGHTS AND PRIVImqEs OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS AND REGUl,ATIONS OF SAID CITY. BEGINNING at the north nr northeast corner of the Allen Herrera Survey No. 68, which corner is the northernmost of too City of Schertz and is the northwest conner of a land mmed by Rubin Beck; petition has been signed by a majority of the property owners who ~re State of Texas and inhabitants of the followi~g described territor~, I I Biegert tract in tre 'lI. conner of the City Li~its certain 43.282 acre tItact oj WHEREAS, a citizens of the to-wit: THENCE, with the north lirlP of said Rubin Beck tract N 60017' E 2640.0 feet to a point in said line, which point is S 600 17' W 302.1 feet distant from the west R()1~J line of FH 3009; THENCE, alon~t a line parallel with and 2640.0 feet distant from the east line of the said Allen Biegert tract, S 290 26' E 2616.4 feet to a point in too south line of a certain 43.28c) acre tract of land owned by Elgin Beck, which point is S 600 11' W 309.0 feet distant from the west ROW of B1 300~; THENCE, with the wouth line of said Elgin Beck tract S 600 11' W 2640.0 feet to the southwest comer of said tract, which corner is the southeast corner of the said Allen Biegert tract; THENCE, with the east line of the said Allen Biegert tract N 290 26' W 2610.8 feet to the point of beginning. Wr~REAS, 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 affida- vit of twenty-eight (28) applicants to the effect tha t sclid petition is signed by a maj ori ty of the q!lal ified voters within sl1ch property: NO'" THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF T'jE; CITY OF SCHERTZ, TEXAS, That the following described w~operty, to-wit: I BEGINNING at the north or northeast corner of the Allen Biegert tract in the T. Herrera Survey No. 68, which corner is the northernmost corner of the City Limits of the City of Schertz and is the northwest conner of a certain 43.282 acre tract of land owned by Rubin Beck; 202 THENCE, with the north line of said Rubin Beck tract N 60017' E 26Lo.0 feet to a point in said line, which point is S 600 17' W 302.1 feet distant from the west ROW line of FM 3009; THENCE, along a line parallel with and 2640.0 feet distant from the east line of the said Allen Biegert tract, S 290 26' E 26l6.L feet to a point in the south line of a certain L3.2e~ acre tract of land owned by Elgin Beck, which point is S 600 11' W 309.0 feet distant from the west ROW of FM 3009; THENCE, with the south line of said Elgin Beck tract S 600 11' W 2640.0 feet to the southwest corner of said tract, which corner is the southeast corner of the said Allen Biegert tract; THENCE, with the~::east line of the said Allen Biegert tract N 290 26' W 2610.8 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 tha 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, ordi- nances, resolutions and reglJlations of said City. PASSED by an affirmative vote of all members of the City Council, this the 9th day of July, A.D., 1970. APPROVED: ATTEST: /s/ Raymond G. Koym, Mayor ProTem Is/Robert C. Bueker, City Secretary ~eting was adjourned at ~:10 P.M. ATTE~S: .~/ ArV1/e City"' ec~ry aJ~ APPROVED: ~ g~ MaYO~ MINUTES OF THE MEETING OF THE CITY COUNCIL, CITY OF SCHERTZ, TEXAS HELD ON JULY 20, 1970 A special meeting was convened at the direction of Mayor Roy W. Richard for the puroose of canvassing votes of the July 18 bond election, passing a resolution for Recertification of the Workable Program and to have Council vote for retaining the services of a lawyer to pursue work on the City Sewer Plant. Aldermen in attendence were Leonard J. Kazben, ~Raymond G. Koym and Edgar T. Marx. Mayor Richard read the resolution for canvassing {'\ votes. Mr. Kazben motioned for acceptance, Mr. Marx seconded and the vote was unanimous. ~ The resolution follows: ~ "Clil'~_'" .,: .~. i "",,, .....-.:t i!W.4 ,t....., ..:..~'i.;;a '.ll;, I I I I l A RESOLUTION by the City Council of the City of Schertz, declaring the result of a bond election held in the said Texas, canvassing return~a~J~ City on the 18th day of July,1970. 1~TEREAS, this governing body resolved and ordered that an election be held within this City on the 18th day of July, 1970, for the purpose of submitting certain proposi- tions for the issuance of bonds to the resident qualified electors of the City, including those who had dllly rendered their pro-y,rty for taxation, and, WHEREAS, the returns of the said Election have been made to this governing body and from an examination of those returns it appears that in conformity with the proceedings of this governing body calling the election: (1) Two separate ballot boxes were provided at the polling place designated by this governing body; (li:) All resident qualified electors l,rho ownej taxable property in the City and who had duly rendered the same on the t3.X rolls of the City (hereinafter called "taxpaying electors") were permitted to vote in the box designated for their ballots and the ballots cast in such box were recorded or tabulated separately; (iii) All resident qllalified electors (who were otherwise qualified but did not own taxable property which had been duly rendered for taxation on the tax rolls of the City)--hereinafter called "electors"--were permitted to vote in the box designated for their ballots, and the ballots cast in such box were recorded or tabulated separately; (iv) The total of the votes cast by the resident qlmlified electors (including those 1,.mO own taxable property which has been duly rendered for taxation on the tax rolls of the City) was shom on the said returns (the same being hereafter referred to as "total all electors"); and WHEREAS, upon the con sideration of too returns of the said, it appears that the saTre was held in accordance with the authorizing 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 showed the following results: Column (1) Column (2) Column 0) Taxpaying Electors Electors Total All Electors (Columns 1 & 2) PROPOSITION NUMBER 1 "TH'!:!; ISSUANCE OF $600,000 REVENUE BONDS FOR SEWER IMPROVEMENT S AND EXTENSIONS" FOR 150 99 249 42 AGAINST 23 19 118 291 TO"'AL VOTES CAST PROPOSITION NUMBER 2 "THE ISSUANCE OF $250,000 GENERAL OBLIGATION SEWER IMPROVEMENTS AND EXTENSIONS BORIB" 173 FOR 1~ 23 170 93 19 112 240 42 282 AGAINST TOTAL VOTES CAST THEREFORE, BE IT RESOLVED BY THE CITY COTJNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1: That all of the recitals contained in the preamble of thls resolution are found to be true and are adopted as fjndings of fact by this governing body and as part of its judgment. 204 SECTION 2: It is further found and determined that the results of the election as canvassed and t~bulated in the preamble hereof reflect the expressed desires of the taxpaying electors, electors, and total all electors (as such terms are defined in the preamble hereof). SECTION 3: That in conformity with law, th"s governing body is aut1ar-ized to issue the bonds on behalf of said City in the amounts and for the purposes mentioned in the propositions set forth in the proceedings calling the election with respect to propositions numbered 1 and 2. PASSED AND APPROVED this the 20th day of July, 1970. /s/t/ ROY W. RICHARD Mayor~ City of' Schertz, Texas ATTEST: s/t/ ROBERT C. BUEKER City Secretary, City of Schertz, Texas CITY SEAL ~ayor Richard read a resolution outlining City of Schertz community improvements for ~ the Fiscal Year 1970 as relating to recertification of the Workable Program. Mr. Marx ~ motion for acceptance as read, Mr. Kazben seconded and the vote was unanimous. Discussion was held on obtaining the services of a Mr. Booth, an Austin lawyer to represent the City of Schertz in future activities relating to sewer problems with SARA and the Texas Water Quality Board. Mr. Westermann, Ci ty financial advisor will make initial contact and a meeting is to be arranged at the earliest date. ~Mr. Kazben motioned that the minutes of the City Council dated June 11, 1970 be changed ~\ to reflect the salary of the Chief of Police as $6,000.00 annually instead of $6,600.00. ,J Mr. Marx seconded the motion and the vote was unanimous. Meeting adjourned. APPROVED: AT~t? ~ Ci ty Se cretary ~1jf. @~J..od la;o'; MINUTES OF '!HE MEETING OF THE CITY CrolCIL, CITY OF SCHERTZ, TEXAS HELD ON JULY 27, 1970 A spe cial 100 etin g of the City Council was convened at t re direction of Mayor Roy W. Richard at 7:00 P.M. this date. Aldermen in attendance were Jimmie V. Dunham, Raymond ~G. Koym and ~onard J. Kazben. Mayor Richard revi~wed recent actions relating ~o the ~ proposed reglonal sewerage system. firl Dunham motloned that Mr. Booth, an AustJl1 ~ Attorney be retained as legal counsel by the City at a cost of $2,000 plus hOlrly rate. Mr. Kazben seconded and the vote was unanimous. It was further voted upon unanimously that Mayor Richard and Mr. Cross ccnfer with Mayor Prater and Mr. Mullins (}of Universal City to draft the initial proposal for the regional system. Mr. Dunham ~ so motioned and Mr. Koym seconded the proposal. ~ ,.,j.~ 'j;;'. l ?il.-..J;';"'"j .t .~ 205 Mr. Woodward presented estimates for foundation work to be accomplished on the new fire station buHding on Live Oak Road. LOW' Bid was received from V.J. O'Keefe. ",,1{) Mr. Kazben motioned the contract be awarded. Mr. Dunham seconded and the vote was unanimou s. ~ ! It was agreed that Mayor Richard appoint Mr. Odo J. Riedel as representa tive from the City of Scoortz on a conmunity cmncil being formulated by Randolph AFB, Universal City, Converse and Live Oak. Meeting was adjourned at 8:00 P.M. ATTEST: /0/ -LC? /~ d ../~/C I _ ~~_ City Secre tary APDROVED: Ma/?~GdJ,~ MINUTES OF THE MEETING OF THE CITY COUNCIL, CITY OF SCHERTZ, TEXAS HELD ON August 6, 1970 The regular meeting of the Schertz City Council was caned to order at 8:00 P.M. by Mayor Pro-tem Raymond Koym. Council TTBmbers pre ffint were Mr. Kazben, Mr. Dunham, Mr. Marx and Mrs. Koch. It was announced that Mayor Richard was attending a meeting with officials of Universal City regarding the regional sewerage system. Discussion of this subject was brief pending report of tha t meetin g. Mrs. Koch reported that she had appeared at a Public Hearing in San Antonio calle d by the San Antonio City Council on August 6, 1970, and had read a letter rlated June 26, 1970, signed by Mayor Richard, requesting too San Anton io City Council to urge the Southwestern Bell Telephone Company to eliminate all interzone charges within the San Antonio area. Mrs. Koch reported the status of relocating the Scout Hut and stated that Mr. Horn had authorized Urban Renewal to re-evaluate the property and that proceedings were underway. Mrs. Koch inquired of Mr. Saegprt regarding the proposed lease agreement to the Scouts. Mr. Saegert stated he would have one for the council to study soon. Selection of a site for future City Hall, as suggested by Mr. Mok's Memo dated July 28, was postponed until further study could be made. Minutes of the Planning Commission dated tJuly 14, 1970 were read. A plat showing the loc ati on of the propose d Val Verde sub-division wa s not furni shed 1fTi th the minute s, therefore, discussion was limited. Minutes of the Planning Commission dated July 1 were also read wherein approval for a Use Change, 19-2, was granted on Business property 'at 809 Main from an Auto Agency to a Dry Cleaning establishmen t. A letter from the Citizens Advisory Committee, dated July 9, 1970, was read, recommending that Sgt Bonnie E. Anderson be dropped from the committee due to excessi \e absenteeism. Mrs. Koch moved he be dropped from the committee, seconded by Mr. '1~'7o Kazben. f10tion carried. Resignations of the following llBmbers l.-rere accepted: Mrs. Elizabeth Siskey, Mr. William Maloney, and Mr. Ellsworth Lamport. Mr. Fd Mazian, who lives in Deerhaven, was present and accepted an invitation to serve on the CAC repre- senting his area. His appointment was approved. Other members appointed were: Rev. Carroll Perry, Mrs. Mary Lois: Triplett. 206 ~An Ordinance establishing the speedllimits on the portion of FM 78 and FM 3009, ~ as recommended by the Texas Highway Dept., was reviewed. Mr. Kazben moved the ~'J Ordinance be established, seconded by Mr. Dunmm. Motion carried. Application for an Electrical License to Milton Petrie was postponed pending review of City requirements for eligibility. Mr. Mazian of Deerhaven requested information on status of water problems on Fawn Drive. He was assured that action was being taken to resolve the problem. Mr. H. L. Johnson requested that proper repair be made to the streets in Deerhaven where ditches have been d\Jg for the water mains. He said that they had just been filled in temporarily and were in bad condi ti on. Mr. Kazben stated he would contact the Water Dept. to repair the strpets. Mrs. Bennett gave a brief report on various accomplishments she had made recently as rll}'elfare Director. Chief Schoonover reported the Fire Dept. and Politce Dept were receiving good reponse to their drive for food, clothing, and supplies to be delivered to the Celia Hurricane victims on the TexRs Coast. Chief Schoonover was asked to investigate an organization who is solicit ing in Sche rtz under the name, ~Operati(m Friendship." Meeting was adjourned. m~~'3.A~ City Secretary APPROVED: M~/?~ MINUTES OF "'HE MEETING OF THE CITY COUNCIL, CITY OF SCHERTZ, TEXAS HELD ON ATTGTlST 17, 1970 A special meeting of the City Council convened at 7:00 P.M. at the direction of Mayor '7.ichard. Aldermen in attendence were: Mr. Kazben, Mr. Harx, }ir. Koym and Mrs. Koch. Discussion was held on "Hinutes of Understanding Number"m~" drafted by TJni~ersal City ,fon the subject of a regional sewerage system. A draft reply offering re comrrendation s ~ to proposals I and II was drawn. Mr. Marx motioned the reply represent the official ~ City of Schertz opinion. Mr. Koym seconded and the motion carried unanimously. ) I ! oElectrical licenses for issue to Milton Petri of Petri Enterprises and to CapitOl Electric l.!.(\\ Co. of San Antonio were issued after review of applications. Mr. Koym motimed for issuance. ~J Mrs. Koch seconded and the vote was unanimous. Discussion was held on the requirements for operating wi thin the City as a refuse collector. It was agreed that an Ordinance was required incorporating elements insuring the City against liability and property damage and assuring quality service to residents. The City Secretary-was asked -to prepare a letter to the City Attorney requesting the ordinal ce be drafted. It was unanimously agreed the City Hall and other city functions be closed August 18 in remembrance of H. P. Thulemeyer, the first Mayor of Schertz who succumbed earlier this week. !itiia:::~~,~',:~ ~,~t~: '-::~'~ ;m'; ~ ._",.r<oi~'.'~""1 ~. r--- '--- 207 APPR.OVED: ATTEST: ~~~ ~~~ City Secretary h?_.~~ ~ . ~i- M~~ MINUTES OF 'liE MEE TING 0 F THE CITY COUNC IL,- CITY OF SCHERTZ, TEXAS HELD ON SEPTEMBER 3, 1970 The regular meeting of the City Council convened at 8:00 P.M. at the direction of Mayor Richard. Aldermen in attendance were: Mrs. Bobbie Koch, Leonard J. Kazben, Raymond G. K oym and Edgar T. Marx. The report submitted by the Planning Commission was read recorrrnending zoning action on the Pena property be delayed until spe cific use requirements are e:atablisred by the owner. Council upheld this decision. Schaefer Col proposal for developrrent of Village #4 was discussed and accepted pending approval by Marmon, Mok & Green. Mrs. Koch motioned for acceptance of the Village #4 Preliminary Plat, Mr. Kazben 1~-70 second3d and the vote was unanimous. Zoning of the Schaefer Co. prcperties on Elbel Road was discussed and action deferr.ed until a new preliminary use plat is submitted. A Proclamation by the Mayor declaring October 2, 1970 as "Buffalo Day" in honor of the Samuel Clemens High School first home galTB was read. Mr. Kazben motioned for acceptance, Mrs. Koch seconded and the vote was unanimous. '17-7() v The Water Pressure proble m in Deer Haven was discus sed with numeroos repre sentatives from that subdivision. City Engineer related the method of establishing pressure in the area and told residents that no alteration of the present pmesent system could be effected to build additional pressure in the lire without imposing serious pressure problems on the remainder of the city. Acquisition of the Lazy Oaks system was dis- cussed and the possibility proffered too t this sy stem could be turned into a separate satell ite system for the Deer Haven area and future adjoining areas. City Enginee r will perform horre pressure tests on Sept. 8 to determine loss of pressure from rreter to home outlets. Mr. Kazben motioned, Mrs. Koch seconded and the vote was unanimous to restructure Mr. Sturrock's salary to $140.00 monthly pay with a $70.00 car allowance. '1i-?() Annexation of properties owned by Jerome Mupller, Elgi..n Beck, Elgin E. and Nancy Lee Beck and the remaining portion of Deer Haven were discussed. Field notes were given Mr. Cross for preparation. Acceptance of annexation petitions will be delayed pending receipt of new field notes. Mr., and Mrs. J. R. Hickey, 121 Meadow Lane inquired on tl'E impact of 231) home sales on real estate values in Lone Oak. There was no cCYlclusive d-iscussion. Further complaint centered on loose dogs in the area and the inability of police department to catch the animals. A letter to residents of the are a will be prepared citing requirements. Further complaint covered weeds grovTing in lots causiQ?; inf.Lux of snake s and field mice. A new orr'inance passed th-i s date covers this subj ect. Electrical license for Ramon R. Chapa was approved. Mr. Marx motioned, Mrs. Koch /<1/)",10 seconded and vote was unanimous. ,,7 Minutes of Understanding #1 from Universal City relating to establishment of a regional sewerage system for the two cities was read and accepted. Motion made by Mrs. KOChab,1~ 208 seconded by Mr. Marx and voted on unanimously. Mayor Richard announced the County was ready to proceed with Elbel Road and had asked for grade levels. Matter was referred to Mr. Cross. ~Mayor Richard recommended naming of the City Park, "H. P. Thulemeyer Park" in honor ~ of the city's first Mayor. Mr. Kazben motioned, Mr. Marx seconded and vote was l\1 unanimous to rename the park as recommended. ~Ordinance If 220 covering accumulation of trash and refuse was read and approved after ~ motion by Mrs. Koch and seconded by Mr. Koym. Vote was unanimous. Ordinance reads: ~ ORDINANCE # 220 PROHIBITING COLLECTION OF GARBAGE OR TRASH AND OI'HER MATERIALS AS DEFINED THEREIN AND PROHIBITING THE GRO'rJING OF VEGETATION IN A MANNER INJURTOUSTO PUBLIC HEAL TH AND PRO- vrmm FOR THE ELIMINATION OF SUCH CONDITION BY THE CI'IY AND ffiOVIDING A PENALTY FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COTTNCIL OF THE CITY OF SCHERTZ: I. Unhealthy, Insanitary, Objectionable, etc., Conditions-- Stagnant Water, It shall be unlawful for any person to permit or allow the accumulation of stagnant water on any lot owned or occupied by him wit:'in tre city or to permit stagnant water to remain thereon. It, shall likewise be unlawful for apy person to permit or aLCM holes or places on such lots where water may accumulate and become stagnant or to permit the same to remain thereon. II. Same Accumulations of Gargage, Trash, etc. It shall be unlawful for any Derson to cause or perr.it to be O~ rema.in in or UDon any premises under his control any ~arbage, trash, rubbish or animal, vegatable or mineral matter, or any comoosition or residue thereof, which is in an insanitary cor:ditim or injurious to public health. III. Same -- "Teeds or o the r Vegetation. It shall be lJnlawful for any owner, tenant, lessee, agent or occupant of any premises to permit any weeds, grass or 0' her vegetation to grow or remain upon any premises owned or controlled by him, or upon any sidewalk abutting such premises, so as to become offensive or emit foul or noxious odor, or become a breeding place for Dies or insects, or to become in any way injurious to the public health. IV . Same -- Notice to Owner of Premises to Remove or Remedy. Whenever any condition described in sections I, II, or III is found to exist upon any lot or ,premises in the city, the mcwor or he al th officer shall notify the cwner of such lot or premises to remove or remedy the con ditions within ten (10) day s after the date of such notice. Such notice shall be in writing and shall be served on the owner " ....,.y, i" ,~~~-,.",-,.,,,, "Iiiia '. -i' .j'i"~"'~" -- ",. ... .., . ,,,", '~;",. .,' A' ',,' 16,!.':'~'" ....,,",. 'If', ~. '.i '.,.,.,. .. ", ,;. ........, , ~ 'It ,~. J~'-i"" r-- I L , 209 r in person or mailed to him at his latest known address. In the event personal service cannot be had and the owner's address is not knOl-1n ~ such notic e shall be give n by publication in a newspaper published in the city at least twice TrJithin ten C~O) con secuti ve days. v. Same Removal or Correction by City -- Generally. In the event the owner of any lot or premises fan s to remove or remedy any condition described in sections I, II, or III within ten (10) days after nOtice has been given as provided in section IV, the city may do whatever is necessary to remove or remedy the condition, or cause the same to be done, and charge the expense incurred thereby to the oTrJner of such lot or premises '.nd such expense shall be assessed against the real estate upon which the work was done. The doing of sl1ch work and the ch8rgin g and assessing of the expenses the reof agaiDst the m-me r shall not relieve the owner or occupant of any prosecution for violat-Ion of such sections. VI. Same--Same--Statement of Expenses; Lien for and Interest on Expenses; Suit to Collect Expense s. .-- The mayor or health officer of the city sha1l file a staterrent of expenses incurred under section V, givine; the amount of such expenses and the date on which the work was done or improv' rrBnts made , with the county clerk and tffi cj ty shall have a privileged lien on such lot or real estate upon which the work was done or improvement made to secure the expenditures so made, in accordance with the provisions of Article 4436, Revised Civil Statutes of Texas, whl ch lien shall be second only to tax liens and liens for street improven:ents. The amount of sucr eXDenS8S shall bear ten per cent (10~) interest from the date such statelmnt is filed. For any expenditure and interest, suit may be instituted and recovery and forfeiture of such lien may be had in the name of the city and the statenBnt of expenses so made, or a certified copy thereof, shall be prima facie proof of the amount expended for such 1rJork or improve me n ts . VII. Penal tie s. Any violation by any rersm, f:iJ.m or corporation of this ordinance is deClared to be unlawful and a misdemeanor, and any vi ola tion there of s hall be punished by fine not exceeding two hundred dollars (200$). VIII. Repealing Clause. All ordinances or parts of ordinance conflicting herewith are here"ri th alpealed. :rx. Severability of Parts of Ordinances. It is hereby declared to be the intention of the city cOlJncn tho. t the sections. paragraphs, sentences, clauses and phrases of th)s ordinance are s,everable and, if any 210 phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment of decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the city council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. x. Executive Date. This Ordinance shall bec0me effective upon passage approval and publication in manner orovided by law. Approved this 3d day of September, 1970. /s/ Roy W. R;chard Mayor ATTEST: Is/Robert C. Bueker City Secretary Meeting was adjourned at 10:10 P.M. A':'lpROVED: ATTEST: ~~~ city Secretary ~~/~ Mayor Q }.l.l.l'UJ. P.S OF THE MEETING OF THE CITY OOUlClL, CITY OF SCHERTZ, TEXAS HEW 00 OC'IOBER 8, 1910 The regular meeting of the City Council convened at 8tOO P.M. at the directiota .r Mayer Roy W. ll1chard. Aldermen in attendance weret Mrs. Bobbie L. Koch, Mr. Ji11llie V. Thmhall, Mr. Leonard J. Kazben, Mr. Raymond G. Ke.J1ll and Mr. Edgar T. Marx. A Resolution reappointing Mr. Rolamd Elbel, Mr. Jesse Booker and Mr. Elgin Beck as _mbers of the Board of COllllissiCllers of the Urban Renewal Agency of tb! City was read- and approved as fellGWs: A 11ESOLU'l'ION APPOTIu.u_G Mr.. Roland Elbel, Mr. Jesse BooDr, Mr. Elgin Beck, as 1lIembers of the Board of CORDRissiCllers of tb! Urban Renewal Agency at the City of Scb!rtz. V.n6tlol'!.AS, Mr. lloland Elbel, Mr. Jesse Boolc8r, Mr. Elgin BeCk, are emers of the Board of C"',"i.,..lssioners .f the Urban Renewal Agency or the City of Schertz 1I.i.th their present appointment terminatillg October 20, 1970, now therefore, BE IT RESOLVED BY THE cm COUNCIL OF THE CI'l'Y OF S\Jl1I!.!tTZ AS R>LLM: Mr. Reland Elbe1, Mr. Jesse Booker, Mr. Elgill Beck, are hereby nag>ointed to serve on the Board of Collllissioners for a tel'll of two (2) years beginning October 21, 1970 through October 20, 1972. ~~\"o~,,~;~d; ~~l;~jt:..~.;:j~Ji ~'"