cc-11-05-1970
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MINUTES OF THE MEETING OF
THE CITY COUNCIL, CITY OF SCHERTZ,
TEXAS, HELD ON OCTOBER 27, 1970.
A special meeting of the City Council convened at the direction of Mayor Richard
at 8:00 p.m. Aldermen in attendance were: Mrs. Bobbie] L. Koch, Mr. Raymood G.
Keym, Hr. Jimmie V. Dunham, Mr. Leonard J. Kazben and Mr. Edgar T. Marx.
Discussion was held on the regional sewerage system con tract being negotiated with
Universal City preparatory to the November 16 public hearing with the Texas Water
Quality Board. City Council is in basic agreement with the defined regional system.
Paper prepared by Universal City Engineer Mr. Bill Mullins and- a revised Minutes of
Understanding received from City Secretary of Universal City were read. Maj or
revisions centered on issuance or bonds in a like amount; gain:1ng assurance of sourxi
financial backing for the system over an extended period by having Ul1iversal City
vote sufficient bonds to match the Schertz reserve issue; reaching appraisal value s
for the two sewage plants; and establishing the share costs each city has in the
system in order that outright purchase may be made at a future date when -another entity
acquires the system.
Discussion was held on Elbel Road project. It was reconmended a letter be written to
Guadalupe County and Edgar vonScheele suggesting a bridge be con-structed across the
drainage ditch at an approximate cost of $1~,000 .with cost to be shared equally by
the se two partie. and the City of Schertz. '
~~ids for con struction work on the Fire Station were presented by Fire Chief., Archie
~oodword. Motion was made by Mrs. Koch, seconded by Mr. Koym and voted on tmanimously
~ to accept the electrical bid submitted by Gerth Electric. Tl'E construction bill for the
~ fire station submitted by Tommy Crouch Construction of Converse in the amount of
~2721.00 was accepted tor payment upon motion by Mrs. Koc h, Secooded by Mr. Marx and
~ voted on unanimously.
The Tax Assessor/Cellector recomm9n:ied properties acquired by Urban Renewal and being
~held temporarily in their name be exempt from city tax pending dispositun of these
~properties. Mr. Kazben motioned, Mr. Marx seconded and vote was unanimous to accept
~ the proposal.
Installation of a new heating and air conditioo system in the City HaJ,l was awarded
to Tom Agee, Universal City in the amOlnt of $1655.31.
APPOOVED :
W~"'A~
1fOY1. ~chard, Mayor
r
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ATTEST:
~'"j-<A% ,
Rohert C. Bueker, C~ry
MINUTES OF THE MEJ!inrlG OF
'mE CITY CroNCIL, CITY OF SCHEqTZ,
TEXAS, HELD ON NOV>>1BER 5, 1970
The regular meeting of the City Council was convened at the directim cL
Mayor Roy W. Richard at 8:00 p.m. Aldermen in attendance were Mrs. Bobbie L. Koch,
Mr. Jimmie V. Dunham, Mr. leonard J. Kazben and Mr. Edgar T. Marx.
Minutes of all previous meetings conducted during October 1970 were read and approved.
~OA resolution authorizing constructioo of a coocessial stand in the city park by the
, Lion's Club in the amount of $3,OJO was read. Motion was nsde by Mr. Kazben, seconded
~ by Mr. Marx and voted on unanimously to all_ the Lion'S Club to proceed with the building.
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Mr. Don Ulin, Housing Authority, presented HUD site selections to the city council
and related conditions for approval. The sites on the Koch property and on the
Elbel ltoad property do not have city utilities available at the present tim:l. A
letter from the Mayor or resolution by the council assuring cooperat ion in supplying
these services and assuring .financial cafS bility to per.form the job will be required.
Actual construction will not proceed for two years. City Engineer was instructed
to check engineering aspects of such work and provide a ccst estimate. C')ntact will
be made with Pinus Jolley, HUD to determine the extent of commitm:lnt required and
the possibility of other site selections.
Mr. Walter Schertz briefed the council on the progress of Urban Renwwal. Urban
Renewal is now ready to uUi bids on project approval. A letter has been written
to utility companies for removal of surface appurtenances in the path of improvements.
City utility projects will be accomplished first consisting of enlargement of
some water mains, relocation of fire hydrants and p1acem:lnt of IlBnholes at grade
level. Cont,ract for street paving will follow. The council was informed that
additional responsibilities for the care of streets will be required upon project
completion.
The City Engineer requested a curb-cut ordinance be drafted to protect street
design and traffic fiClW'. City Attorney was instructed to draft the ordinance
and present it to the council at a later rreeting.
Mayor Richard briefed the council on the status of proceedings with Universal
City relating to the proposed regional sewerage system. All proceedings centered on
the Public Hearing scheduled for November 16.
Mrs. Koch briefed other council members on the status of the relocation of the
Scout Hut. Sgt Harms, scouting representative, stated the requiremerrtsof the scouts
and presented a tentative leasing agreement that the scouts would be willing to
sign with the city of Schertz. Locatioo of the scouts will be authorized in the
city park in an area off FM 1q8 and north of Aero St. projected. Scout requirements
for lot size is 120' x 160' to allow far future expansion. Projected building size
at this tirre is for a build ing of permanent design 60' x tJO'. City Secretary was
instructed to make copies of the lease agreement for forwarding to ci ty council
members and the City Attorney for review prior to the next scheduled meeting.
A proposed anti-trust suit being filed by the State of Texas through the offices
of the Attorney General against Ford-General Motors-Chrysler autanobile industries
on behi.lf of Texas municipalities was discussed. City Attorney saw no ham in
participating. City Secretary was instructed to gather further infarmatioo and
present it at the next council meeting.
Proposal was, made by the City Secretary to invest city monies being held in excess
to current needs. Request was made to invest $2tJ,0)0 of General Waterworks Funds
in 90-day Treasury Notes or similar investment. Authority was also asked to
rebate from the Waterworks Escrow Account those holdings in deposit for periods
of five (5) years or 1C1lger that are backed by clear payment records. City Attorney
was requested to amend existing ordinance to allow for an annual review of waterworks
records on January 1 and refund those accounts qualifying. Remaining escrcw monies
may be invested in bank savings accounts with interest accrued fran deposit there of
to be added into the waterworks operating fund.
Mr. Odo Riedel appeared before the council on behalf of the Chamber of Comm:lrce
and requested financial support for the CofC by the City. It was suggested a lump
sum payment be committed to the organization or a given percentage of the City
Sales Tax monies. The City Attorney suggested a review of municipal law to determine
the legality of municipal support for such an organization withcut calling an
election for the issue. Mr. Riedel also suggested the possibility of gaining sales
tax revenue through the sale of new homes in the city providing individual contractors
will cooperate in the program by purchasing horre building materials at the wholesale
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source for shipnent and billing to tiE contractor at Schertz, Texas. Such transhipment
of goods should allow payment of sales tax on these items to be assessed at Schertz
rather than tiE place of original purchase. City Secretary will obtain details from
the State Comptroller and inform the Chamber of C01llllerce of the roling.
The Chamber of Commerce informed the council that Landa Park concessions has requested
permission to bring a small carnival into Schertz the week of November 9 with location
to be on the Beck property located between 1st and Mill Sts off FM 78. No objection
~as posed to the business. The Chief of Police explained limitations that would be
~J imposed. Motion was made by Mr. Kazben, seconded by Mr. Marx and voted on unanimously
~\ to allow entry to Landa Park concessions as requested.
Mayor Richard read the Nov. 2 and Nov I) Planning Commission minutes. It was reconrtended
the City Secretary forward a letter or arrange a meeting with Mr. Mok to clarify the
the proplem of Village ilL plat. Alternatives are to either close off the commercial
property projection of Gettysburg St. or to leave it as is.
~Motion vas made by Mrs. Koch, seconded by Mr. Dunham and voted on unanimously to
~ approve the change to the Rio Vista plat as proposed by Wells-Vivian.
A letter of resignation as Chairman. of the Planning Commission by Mr. Aaron Beck was
tabled uIltll a suitable replacement could be found. City Secretary was instructed to
write a letter to Mr. Beck relating this action.
Discussion was held on the Parkland Village and Val Verde plats. Decision was made to
table both these plats until clear de cis ion is reached on the integration of these
two plats into the comprehensive plan.
~Mrs. Bennett, Chairman of the Citizen's Advisory Committee, presented letters of
~ resignation from her committee by Mrs. Barnett and Rev. Carroll Perry. Motion was
~made by Mrs. Koch, seconded by Mr. Marx and voted on unanimously to accept the resig-
\\ nations as presented.
Recommendati'ln by the Chief of Police to add a change to Ordinance 1121 all owing soliciting
door-to-door only during the hours of 10:00 a.m. to 6:00 p.m. was accepted. New ordinance
outlining this change is to be written.
Letter from Universal City requesting participating agreement to chemica[y treat Cibo1o
Creek for removal of algae was denied as being too costly and ashaving no lasting value.
Proposed sketch of the new City Hall was presented by the City Secretary with an estimate
for construction costs. Opposition was voiced by Utilities Commissioner on location ot
offices. City Council aaked utilities department to present their proposal. Subject
will be tabled until decision is rendered.
City Secretary was instructed to prepare a letter to the High School football team
for the Mayor's.signature giving moral support to the team for this week's game against
Cuero.
~City ordinance to amend ordinance 11187 was read by theCity Attorney. Motion was made
~ by Mrs. Koch, seconded by Mr. Dunham and voted on unanimously to accept the ordinance
'\ as read. Ordinance II 222 follows:
ORDINANCE NO. 222
AN ORDINANCE AMENDING ORDINANCE NO. 187 OF THE C I'IY OF SCHERTZ, TEXAS, AND .t1JZ.l!iALING
SUCH PORTIONS THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
Section 1. Definition.
(a) The City Council finds the term "volatile or flamaable
liquids" as used in this ordinance means and includes gasoline commonly and generally
uSl!'dl in the operation of motor vehicles.
(b) The City Council finds that the term "self-service gas station" as used
in this ordinance means and includes any garage, service station or other dispensary
that dispenses any volatile or flammable liquids as defined in this ordinance,
selling or dispensing of same to the public by permitting the delivery or dispensing
of such liquid into the fuel tank of a motor vehicle or any other dispensary by other
than the ~mer, operator or regularly authorized employee of such orner or operator
of such garage, service statim or other dispensary.
Section 2. Dispensing Volatile or Flammable Liquids.
No owner or operator of any self-service gas station shall p3rmit delivery of dispen-
sing of any volatile or flammable liquids into the fuel tank of a motor vehicle or any
other dispensary when such delivery or dispensing is done within fifty (50) feet of
fet1 property belonging to other than the owner or operator of such self -service
gas station.
Section 3. Approval of Plans For Self-Service Gas Stati on By Plaming and
Zoning Cvllu.J.ssiCll.
No owner or operator of a self-service gas station as above defined shall allow the
delivery or dispensing of volatile or nammable liquids into the fuel tank of a
motor vehicle or any other dispensary by otter than a regular authorized employee
or by SQch owner or operator of such self service gas station unless the plans for
such self-service gas station, including the point or points of dispensation or
delivery of any such volatile or falmmable liquids into the fuel tank of a motor
vehicle or any other dispensary, are presented to the Zoning and Planning CommissiCll
of the City of Schertz, Texas and no such self-service gas station shall be operated
in said City by any person, firm or corporation unless the same be found by such
Zoning and Planning Commission to be in compliance with this ordinance, tte laws of
this State, the ordinances of this City and the zoning regulations of the City of
Sche rtz , Texas.
Section 4. Standards of Operatial.
No self-service gas stat ion shall be operated within the City of Schertz, Texas,
unless:
(a)
(c)
Same is operated and constructed in conformity with requirements set
out in Article lllc, "Penal Code of the State of Texas."
TJ1e rules and regu1at ions for the safe storage, hand1:tng and use of
flammable liquids at retaal service station of the State Board of
Insurance are complied with.
The applicable provision of the published standards of the Natiooa1 Fire
Protection Association, in effect as of the effective date of this
ordinance, covering the storage, han dling and use of flammable liquids at
retail service stations are in all respects complied with.
(b)
Section 5. Each UnauthcJized Sale: Separate Offense.
Each sale or delivery of volatile or firnmnab1e liquids as herein defined not in con-
formity with the terms and conditi ons of this ordinance shall constitute a separate
and independent offanse under this section.
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Section 6. Repealing.
Any portion or portions, sections, clauses or phrases of Ordinance No. ;L87 of the City
of Schertz, Texas in conflict ~rewith are ~reby repealed. ~~I
Section 7. Construction of Ordinance.
Nothing in this ordinance shall be construed to conflict with or to supercede Article
lllc "Penal Code of Texas" and any portion, portions, paragraph, section, sentence,
clause or phrase of this ordinance in conflict therewith shall not invalidate any
of the remainder of such ordinance. In the event any sectioo, portion, portions, sen-
tence, clause or phrase of this ordinance were h9ld unenforceable, invalid or
unconstitutional, it is the intent of this council that the remainder thereof shall
remain in full force and effect.
Section 8. Penal Clause.
Any person, firm, partnership, or corporation who violates any provision of this section
or fails to comply With any such provisions shall be deemed guilty of a misdeaeanor and,
upon conviction thereof, shall be punished by a fine of not less than one dollar ($1.00)
nor more than one hundred dollars ($100.00).
PASSED AND APPOOVED this 5th day of November, 1970.
s/t/ Roy W. Richard, Mayor
ATTEST:
s/t/ Robert C. Bueker, City Secretary
ATTEST:
C1~tryC
APPROVED:
~__.,u/~~
M:;~~--
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MINUTES OF THE Ml!,'n.N G OF
TIE CITY CaJNCIL, CITY OF SCHERTZ,
TEXAS HELD ON Nvv lll"ffiER 12, 1970
J. special meeting of the City Council was c\ i" ,'~ned at 8:00 p.m. at the direction of
Mayer Roy W. Richard. Aldermen in attendance were Mr. Leonard J. Kazben, Mrs. Bobbie
L. Koch, Mr. Raymond G. Koym, Mr. Edgar T. Marx an'd Mr. Jimmie V. Dunham.
Discussion was held on the Koch property and Elbel Read preperty si te selections for
~ Housing Authority. Utilities must be brought around the PteU and Wright Sts perimeter
I ef the Koch property and from Live Oak Road to the Elbel Road stte selection. Motion
~ was made by Mr. Dunhan, seconded by Mr. Koym and voted on unanimously to have the city
'\ support these two site selections and endorse by letter t. Housing Authority a reaffir-
mation of the C.operative Agreement committing the city to utilities improvements to
these areas.
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o Discussion was held on the Parkland Village 111 Subdivision and the Val Verde III
~ Subdivision. Objection was raised by Mr. Dunham on the heavy commitment by con-
~ tractors to 235 Program housing. Following motions by Mrs. Koch and seconded
~ by Mr. Koym, voice vote was taken on both subdivisions with the following results:
For approval -- Mrs. Koch, Mr. Koym, Mr. Kazben, Mr. Marx. Against -- Mr. Dunham.
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