10-14-1965-09-12-1966
i05
r
i
i
I'Aetinrr of tnp vit.'! Cotmcil was neld rctober 14, 196c;' at 8 P.H. in
the r.ity HaJJ at 3chert~, Texas.
Hembe"'s pre.sAnt: Raymond Koym, nttomar 3che't't?, Rov Richard, ]liialford
Koch, L Saer:rert; visitors; Mrs. Nina Artzt, Hrs. Hugo Ackermann, ~1r. Ed
Zimmerman, Ivlr. Gpo. R.owland, Dr. A."'J.l. VJaYS, MY'. Hugo Ackermann, Mr. ';1al ter
A. Schertz.
~';rs. Nina Artzt, PrAsident of Chamber of CoW!erce request a letter
read concerning route of F.M. 78. It was oectoed that the Highwav Departrrent
Bexar and Guadalupe C011l1ty offic ials meet with too Planninp- Comnission and
Planners to attempt to arrive at a soluti on.
Notion made by Hr. KoY'm and seconded bV Hr. Schertz to allow community
CouncH of Gnadalup:l County Inc. to represent tte City of Schertz for services / to?
providf"d for under tho National Office of Economic Opportunity Act, and '.,::;. t
that the city will refer requests for services to this said Council. Motion )0
carried.
:'1oticn made by I:r. Koym and seconded by .L'lr. Koch that an Ordinance
ocf'i.ning nuisance personal property ,etc. be adonted. Motion carried.
!,f;. fP{,.
I -;1,1
, v
t, ~ ,t()~
G
If) ~ I
-t:f /...,;
O~DINANr,E Nn. 131
---
I
AN ORDINANCE DEFINIW", 'mISANCE PP~S('~!AI Pl1r;DH~qrcy: DTqECTI~'G PEMOVAL
AND IMPOUNDHJ'1 OF SAlffi ;^!HE~1 FOUND TN PTTBLIC PIN~r.:S: P11IJVIDJTlIG A LIEN THSREnN
AND ,jAL:S Tn SAc-JoFY LTEN AT"D T{r:nEHPTTON D,7FmE A'T. AT'TF~ SALP: PROVIDING H'011
NCiTICE OF SALE, PI\STJI'TG NH' A.DVT'11TT3T1Tn- TT-;sr:srr A~m 1\TflTJCE BY 11.E'}}STFRED )'1l.IL
Tn o"msLls nF' ~,l0I'Oft VEHICT,FS: PLlYSCHI:<TFG p!?nCi;DUt?E rot? ATTCTION SALE, DISpnSJTIrN
nF PR,OCPEDS: VESTT;T("r 'T'TTLR 1M ATTCTIn~T RTTYPR: DDSC~'TW} 1'10 SATS AnD D:IS pnSAT~
nH' pL?e'r.FE"'S 'l'W~R.E(if,': fZBFPTW! ~?SCnHDS A"\m PRSSCBJBJW1 "'PES: Ti'XCEPI'D'f} LTVE3TOC K
F('i.-l1S Al,'D D(V,S,,: 11rcP1?AITl.'r', r,T-'l1'l'AIN nTi,f\IflANCF: P'inl'JT)HT'1 A Tr:;VE~A?IlTTY CLATT 38
AND T1 'QA';>n,j!'; AN Ai~''10.F''.'r;y.
BE IT (i'lDAP'''TJ DV 'T"'S r -'-Troy C UNCn 0.1; T-F CI'1'Y (yp .::iCl0'!?T7, TEXAS:
SECTION 1. Declarinp,' Certain Property a Nuisance and Authorizing
Impound ing
Any vehicle or athe r nronerty or obstr1Jcti on, placed, left starn ing
parked, erected or 1 ying in viola tion of any ordinance of trJe City of Scnertz,
or left unattended for morn than forty-eif!ht (4f) continuous hours in or on
"my public street, alley, sidm..ralk, oark, or othpr public place ()f said City
is declared to be a n1lisance, and any s11ch prop8rtv 1-rhen so found shall be
removed summarily by any police of icer of the City of ;:)chertz and taken to
the police 'Jound and shall be kept there until rec1eerred or sold as herein
provided.
SECTION 2. Lien on Impounded Property
TJ::e City of Schertz shall have a lien on such impound d personal
property for all costs incurred in impounding, storing" and advertisinf'; such
property and such lien shall be prior and superior to all other :iens of
every kind, save and except J iens for ad valorem taxes, and the c5ty may retaj.n
possession thereof until a11 costs are paid and D'a'T sell the same as herein
provided.
sp.CTInN 3. Rederrrotion
The owner or any persr,n lef!ally entitled to Dossession of s11ch
impounded nersonal property may redeem the sarre as follcHs:
(a) Before sale- By payinr; to the Cit'T Narshal1 tne 1 mpoundi nrt fee
and any other actual eypenses inc11rred by the City in impounoinrr and keeping
1- fJi' \~
the impounded property, as determined by the City }'l8rshall
(b) Uter sale- By paying to tre buyer at trn auction sale double
the amount paid by him for such oers-:mal proD:' rty and any reasonavle expenses
incurred by him for keeping sa~; providing that the said property mus t be
redeerred from the auction buyer within thirty (30) days after tre date of tre
auction sale, excluding the date of sale; otherwise, title to said propert,r
shall bec~me absOlute in the auction buyer.
SEC'T'ION &. Property to be Sold
'Wl'en any personal property, otrn r than motor vehicles, is not
redeemed w' thin sixty (60) days after being impounded am when any motor
vehicle is not redeened after compliance by too City ~larsb.all l,,-ith the provisiom
Of Section 6 hereof, the City Harshal1 shall sell the sane at public auction
to satisfy the lien of' too City.
SECTION r.;. Procedure for Par~rty Otter than Hoter Vehicle
Before selling such personal property, other than motor vehicles,
the City L'"arshall shall post two notices the reof, one at tte CourthousE" door
of Guadalupe County, Texas, and one at too Eighth Street entrance of too City
Hall in .3chertz, Texas, and shall cause a copy thereof to be published in a
daily newspaper published in the City of Seguin once a 1"eek far two consecutive
weeke, the 0ate of the first publication to be at least fourteen (1L) days
prior to the day of the anction sale. The notice of sale shall describe the
impounded ?roperty, state that the same is unredeerred, state tha t. the sane
will be sold at public auction, designate the place of sale, and state a tiTle
and date of sale which s~all not 8e less than fourteen (14) days from the
date of posting such notices as herein required;
SECTJmT 6. Procedure for 110tor Vehicles.
When any motor vehicle has :Jot been redeemed within thirty (30)
days from the date of Hs i'^pounding, it shall be the duty of the City
Narshall to submit to the Texas Hinhway DepartJre nt and s imila r agency of tte
proper state when the vehicle is from another st~te, all imforTlBtion in his
possession concerni.nl" said vehic1 e and to request tha taid denartrrent supply
to him all information the records of the DepartJrent contain on said vehicle.
Immediately on receipt of such infonnation from said Departrrent the City
Marshall shall notify the owner and lienholders as shcwn by tre reccrds of'
sdd rtepartrrent by regist~"'e . ma q with ret11l'n recetpt req'~estpd tha t said
vehicle has been impourx:led and of the provisions of this Ordinance in regard
to redemption and sale of impounded ::>rooe rty.
In the event a motor vehicle has not been redeerred w5thin fifteen
(IS) days from the ~c,"'ipt of the ret'1I'n rereipt or notice of non-delill'ery
of said registered mail, the City Marshall shall prepare a notice of sale of
such vehjcle, in the manner described in the prededin~s section, shall send a
copy of said notice to owner and lienholders, as shewn by the records of said
Highway ~p8rtJrent, by registered mail, and shall post and advertise said
notices in the manner required in the prec~ding section. Notice by regj,stered
mail to the address shown on the records of said Highway Departnent shall
constitute notice of the pending sale of such owner and lienholders.
When the City Harshall is unable to ascertain the nalTE s of the
owner and lienholders, and the mr:1tor vehicle has not been redeemed hTithin
forty-five (L~) days from its impounding, D0 notice of w.e other than pesting
and advertising as herein prescribe0 shall be req'lired.
SEC'J'Ir'N 7. Sale of Prorerty
T'Then any impounded pro:Jerty, includjng motor vehicles, is not
redeemed by the date and time desi<:mated in said notice of sale, the City
!II
..,'a
107
n
l
F:arshall shall :'3ell such property at publjc '1.11C'~~ ~ll. arirl, as City Auctioneer,
shaJ 1 exec'ute 'Jill of sale 0' said pr8pe~ty to the purchaser the rpof; nrovided,
he s,:"ll not pxecute or deliver any ,jut iJ c~nd~.tional bill of s3Jp unl,~s3 ane
until the title of said buver has beco"e a bt'01ute by an expilFat.ion of thirty
(0) days in t~me, exclusive of the da:l nf 5al;:;, W-it],0Ut beir,~ redeeITEc1 b?
the owner of the impounc1ed propertv.
SEC':10!'; 8. D:Lsp0sal of Proceeds of Sale
After dp".ucting the imp01JI1dinr fr:>e and all oth:r actllal eX'jenSF:'3
incurred by the City in impoundin[', starin'!, and sellinr of said property, as
determined b r the Ci ty ?~arshal1, nnt to exceed a reasona-,le amonnt f()r each
impounood a't't~cle, he shall pay the balance of th",: pY'oceeds'Jf 3"ch s ale, if
any, to the Ol.mer of the D~'Ope rty. If too eJ.-mer fails to c all for such proc;""ed;
they shall be paid into the c~ ty treasl1rv.,Vithin six (6) months af't0r :311cn
al1cti on sale, the rjl't1n"r ma~r apply j n Hritinr to till City Harshall, ann upon
3?tisfactor'T "roof of o',mershin, s'r}a]J b" entitl'3d to -rer;rive tl-'e aTl"ount, ()f
the proceeds delivP""ed to t!1e Ci t? 7reasl1ry.
~EC"': ON 9. Junk
Ttr.pol1ndn(1 property l.vhich is offerer1 for sa10 at public Guct:ion in accor-
dane\' ':Titlt V1C p-r,)r.('c1~lre 11t-I' ':'{j~)l"?':3C,'-l)(;-:l and Upc;tl."rl-cich;1(, )"'1'.30D bidG, shall
therp.aftpl' b" 5(,10 or ntherwL.38 dL'r',s"ld of [,S ji,nk. Honer received ""or J'nk
pr'operty shall be disposed of in the 32;1T' manner as proceeds from an ,,uction
3~lp lmdeh this Ordinance.
31~CTI()N 10. Records and Fees
-r
(a) The City l'1arshall shall h'ep a l\eccrri B',ok v-rl,;_ch shall c'JYJtain:
a descriptj on of all prope.,-.ty trnpomIldsd, i be' date and time Gf such i.mpOlW(,\iJlj,
the date nnticc".s of sale Here post-,-1 '1Ylrl nnvPY'ti<;';d and :nailed to ('\T.lrerS and
Ijenholders, t.hF~ ret11rn of recei.pts of regi.ster~)d notjces, the datG of' UP
8818 at. 311ct-i_'Jn, the arr:0\lnt redl-~:-,(~d for "']cn CJrt.'cle at suer 3,118, the nane
Bnd add "ess of the m1D"?r and 1 ie nholdprs, if kna.Tn, the naTTB ano addr?ss of
the auction 1)uycr, an(! C1ny suer-, oth'?r -'nf'ormatioYJ as hr~ --n'l- cie,"m I1Pcessary.
(b) The fol1oT!Tim: fees shall be dli1r"':ed l11Jder t: is qrdim.nce and ",hall
1l(~ paid "into tn8 City 'T'reasllry.
1. For takinp' anti impound in0' allY'," !,sn;,al prove.,.-.ty-'!hree dnl} a~s
C3 .00 )
2. For prFmarinG adv"'rtiserrents 0 f sal,; for each article-
Fifty c?nts, (O.~o)
3. For sslling each articl(::'- Fif~y cel1ts,($.~O)
4. For prsting notices nf sa]" r81ati:lg to any ore 3rt~cle-
Fifty cents, (m.~O)
3Sc;TT ON 11. Ordinance C1.lmulati' 8, ~=tc.
-
Tnis ordinance shalJ be and i3 hpY'PV! d"cla~3o to be cuml11_ative
of all otm r ordinances of tre City of Schertz affecting traffic and shall
not operate to repeal an:" such ordinance or ordinanc'?s, exceot insofar as the
provisions '1f any such ordinance or ordinance;:; ~:ne i-rconsist:;nt or in con; :ULct
Hith tl1e provisions of tl"is ordinance, in which instance or instances, those
provis ions shall be and are hereby repealed.
SECTFir-.J 12. Invalidity
In any sec: ion or ;JrOVJ_S lon or f)art ther?of, in th is ordinance
shall be adjudged invalid or unconstitutional ~;y any court of comp:>tent
jurisdiction, s~lch adjwJication shaD not affect the validit.y of this ordinance
as a WI 'ole or any secti on or provision thereof not adjudged invalid or 1.IDCOn-
stituti onalj
108
0"\
,
~~\~()
\\Q
~~ \ 4J
\11]
\\\
. \90, .\
,0\
\g~\~?
- ~"i\~~
PASSED A'1) APPRCNED this
day of Ucto Jer, 196tJ.
ATTi7ST :
l/ , ~o~f2~;JN1f
~'~
ll'~yar
Eight paees of traffic ordinance was read.
Motion made by Mr. Schertz, and seconded by MY'. Koch that the office of
Alderman be filJed. Clifford Rowell is declared vacant for 1) missing 3
meetings; 2) no longer resid'nt of city. Motion carried.
Motion mane '"y Mr. Sche-'tz, and seconded by 1'1r. Koch that Mr. Melton
be allowed to Obtain necessary fill (dirt) for soft ball diamond.
M8yor Richard at this time tnrnerl the counc il me,,,ting over to Mayor Pro-
Tem Koym.
}~. Chas. Cross presented plot of Unit 2 Lone Oak ~ubdivision for their
consideration. :rotion was made by Hr. Schertz and seconded by Hr. Koch to
accept nlot of nnit 2. !.flot ion carr:ie d.
Motion made by Hr. Koch and seconded by Mr. Schertz that city pay Pro
Olson $200.00 for work on Water and 3ewer Ordinance. Motjo~ carrted.
Motion made by Mr. Koym and secnnderl by Mr. Schertz , ~~s. Parks be
allcwed to teach hJirline at City Park . Motion carried.
Motion made by Mr. Schertz to adjourn, seconded by ~~. Koym .
Notion carried.
;~ll.,""
109
r-.
3pe cial meeting of the 3chDrtz City Council held at He Cit.y Pal] in
.schertz, Texas on the J6th clay of October, 196~.
Tlayor Roy i~T. Richard called thfl rreeting .to order with the follcuing narrerl
Aldermen present: Raymond u. Koym, ottomar A. '3cl:P~tz, Ma1 fnrrl C. !<rch 3f1d
Sam11~1 R. Pe-rryman, also Attorney Arthur Trailo. .1
l1eetinf l11T3S callp(j for the Purpos<=> of canv1'\ssinp: the Ballot of Election 1 1''1
held this 16th day')f Octcber, 1965', which l-ras as folJa'ls: ~ ;J(lcb
?jWP03T'TTON
Concprnjn~ cj.ty (;nuncil IS proposed Adoption of a cF!rtain Resoluti on
Pl1Tsuant to the llrban Renewal Lm'l of TF'xas.
A thorough check ,.83 narle by the Cnuneil with thP followinR' rpsults:
"In favor f)f Adnption by City Counc il of '1 Resolution sUi,stantially a3
set Ollt on this F3.ll ot~krr 164 votes.
tlAgainst the Adoption by the City Council of a Resolution substantially
as set out on this Ballot ~:-" 14 votes.
For -----164 votes
Against ----- 14 votes
l'ft) 'rotal votes
'l'!;e 'council unamimoisly dpclarf,d the Propos:ition passed.
Motion to BrljOl1rrl by Mr. Koch, and seconded by Hr. Koym . Aproved by
Mr. Perryman and secondpd y Mr. Schprtz, Motion carried.
1---:
Regular meeting of the .::!chprtz, City I.;ouncil held at the CUv Hall in
Schertz, Texas on the 21st day of October, 196~.
Too meeting l",aS called to or~er hy I1ayor :lov"T. Richard, Hith the foJlcw~ne:
named AldernEn present: Rayrr.ond G. Koym, Ottomar A. Schp.rtz, Halford C. Koch,
and 3amuel R. Perryman. Also, ~\Talter A. Schertz, q.P. Thulemeyer, Charles C.
Cross and Arthur Troilo.
The last 8 pages of a Traffic Ordinaace was read and aftnr some discussion
same was iabled in order that the COllncil rnembrr mic11t make fllrther study on this.
AttQrney Yr. Arthur Trni.lo r0.ad a RE-solution canvassing and Declarinp' JL /I~'
P..esults of a Special Election ~Jr1 nct,obp.r 16, 1961). gotion to acopt 1tesolut:Lonr,..~.
was rrade by J:'r. OttoTllar A. Scnr,>rtz and seconded by Nr. 1.aymord G. Koym. Votion J I q
unanimously carrie d.
Resolution read 1\e-making certa i.n findi nr;s, Determina tions, and El~ctions ?S. f/~
under and Pursuant to the Urban ;enewal L6-w,Q of Texas. Hction b~' Mr. Koym and JI e'
seconded by I'Ir. Perrynnn that same be adopted as read. Motion unanimously
carY'j",d.
Mr. Troil" read and presented a Resolution apJointing members of a Brtl.rd (,6,11;
of Commissioners of the Urhan Rerewal Agr'ncy of thP. City of Schertz, designatinp: 11 ~
term of office and designating chairman and vice- chairman. }1otion )11:1oe b;)'
Hr. Koch and secondpo hy '.r. Koym the Resolution be adoptF!r1 and i'ir. l,rfal ter it.
.:ihertz named as chairrran and Mr. H.P. Thul~me;rer as vice chairman. Motion llnanimo1lsly
carried.
Due to Mr. Clifford L. Ravell having missed more than three consecutive
meetings and also having moved away from the city of Schertz,his place on the
Council was declared vacant. After consideration of names as a rep1ac~ment.
l'lotion made by Hr. Perryman and sec;nder1 by Mr. Koch, that JYh'. Edgar 1. Narx
be apnointed to fill the vac'lncy. Motion unanimously carried.
Due to two members of the Planning Com~ission having resigned to accept
appoint m,nts with the Urban Renewal Agency of Schertz. And, after much con- / L II ti
sideration and discussion on....a motion by Hr. Perryman secorrled by Nr. Koch. f?>V, I
Hr. L.L. Rhea and Nr. G. llV. ennett T<Tere app0int8d as 7rembers of the Planning/~J
Commission to replace Hr. Walter A. 3chertz and hr. H.P. Thulemeyer. Motion
unanimously carried. Motion to adjourn Mr. Koym secorrled by Hr. Koch. r~otion carri~d.
Citv
~6, 11~
, I SO
I
L
110
lt0J'f
\d
F\ \
r 0J./#(;;
II ,:;,
\ p
\r
tv ~ 'Q \t
\ 1-~
lP~\~\
S \"I-~
~ \1\
\ '}?Y'
(;f:;\ I.
, r)''1
\ "}v
0' V
l€ J v
\'"' ~
J^ \ d
vl'J. \ \~
R.eVllar meeting of the Schertz City Council held at .:Ichertz, Texas on
the 4th day of November, 196~.
Mayor Roy w. Richard called the Treeting to order with "tb! folIo-ling named
Alde:rrren present: ottomar A. Schertz, Halford C. Koch and '::>amuel R. Perryman.
Also present: Attorney Louis F. Sae~ert, ~lalter A. Schertz, Ralph R. Ikels,
Hugo W. Achermann and j~rs. Hugo W. Achermann.
Minutes of meetings for 10-lL-6~, 10-16-61), and 10-21-6~ were approved
as read.
Mayor Richard read a letter from the .san Antonio River Authcrity lie:
Sewer .::iervice to include Converse, Texas.
Mr. Ikels reported the contractor who was wo;rking on the streets has
tore up the secti on of p~verrent by his home and he aSKe d the City for sr:"rreth ing
other than oil be put down as replacement.
Mr. Ikels also asked the City to consider purchase of another and larger
fire truc k.
Short discussion on reductionoof cost for additional fixture OLe nings on
seWWI' rates. Notion by Hr. Perryman seconded bv l"lr. KOCh to amend Ordinance
#80 to :read effective January 1966, each additional fixture over I) the charge
will be reduced from $.1)0 each per month to $.21) r:er month. Motion unanimously
Earrie d .
It was the decision of the Couron and l'l,ayor to forward a Petition sigred
by many residents of the City protesting the Pol' uti on of the vlaters in Cibolo
Creek to the San Antonio River Authority, .3tate ileal th Departrre nt, State Pollu-
tion Control board, Parks and Wildlife Commission, Commissioners Court, Guada-
lupe County.
Mbtion by Mr. Schertz seconded by fir. Koch to pay Mr. Wal tis perr:er $11)8.26
for street repair material. Motion carried.
Motion to adjourn was made by Mr. Koch seconded by'Mr. Schertz. Mbtion
carried.
Regular meeting of the Schertz City Council held at ~chertz City Hall
on 11 December 196~.
hayor Richard annolmced that i'ir. Mok, Mr. Cross, and he would neet with
the Commissioner James Helland in re~ard to the Highway Project.
l1r. Russell rl~ell t":'ave a report on the Street Rer-airs being nade.
He also stated that Mr. Geb. Gesch~ is aSking that a water line be installed
1271) feet to some of his property.
At this time it was brought out Marshall Ackermann needs additional help.
Mr. Ackermann informed the Council that he does not need mare help but he needs
more money to cover his expenses until April 1966 which is the end of his term in
office. He further states that he wants $11)0.00 raise for the remainder of his
te rm.
Mayor Richard said he would try to have Mr. Westerman present at the ~xt
meeting to explain morp. on the City buying and operating tiE Electrical System,
and re asked the Council to give c1os' sttrly to other improvenent.s that might bf"
accomplished under the Urban Renewal Plan.
Motion to adjourn was made by Mr. KOCh, and seconded by ~r. Koym.
Mbtion carried.
Regular mee.ting of the Schertz City Couocil held at the lJity Hall in
Schertz, Texas on the 2nd day of December 1961).
Mayor noy W. Richard called the Jree1i.in~ to order with the, following named
Aldermen present: Edgar T. Van, .::>amuel . errymarl, Ra.vmond li. Koym,
Ottomar A. Schertz~ Absent: Halford C. Koch. Also present: City ~~rshall
Hugo W. ACkermann" lIity Attorney ~1r. Louis F. ;:)ea~rt; Park Recreati onal
Director, Edward Nelton;, Mr. Floyd Westerman; Mr. Charles C. Cross; Mr.
Russell G. Rowell; and F~. Walter A. Schertz.
On a motion b 'y l1r. Perryman, seconded by Hr. Schertz, the City Secretary
was authorized to pay }h'. Arthur Triolo, Attorney, $1)00.00 for tre legal
work he has done for the Urban Renewal Program. Motion unanimously carrie d.
. ., +1 . '
111
Nayor nac a letter from Hr. Cox: nf the Urban RerJewa] lHrency in l' art, l'Jorth, t5. ))g
stating that hr. Brene" 1rJiD '::Ie in SaD Antonio ~cember 6, 7 e 8th. It was /It!
unaniml)usly a~reed I'layar Richard 'vil1 call Nr. B-..erner rec1l..E sting him to come to
Schertz for a di.scussion and pre] iminary survey.
After a sl--tort. dis cuss ion concerning the D1JI'cnase of a long carria F'e tvpe-
IITiter for th" City Hall, .i'll~. 'lJ"est.erman - srtid his office might h3ve one eve.nab] ~
VP't'y r~as(mable. ~aNever, if he does not have nn~, :::t 1-1BS aO'rep.r1 tr '11rrchase
the one from thn l;ypetfriter Sales ;', "frv.lce I[>c. presented at th~ rreetbp'.
~. :~':~:T-:~''4 .~']ton reD0rted the reacreati onal activities for t~ year h.'lvp.
ended. lVTa'{or Richard authorizer1 him to tnrn th" ')(\oks in "'"n tYe "'it" ~~~'?'C'rF'tarv
and too equiprmnt to be stored in the Storage Sl-Ed. (Hayor t~ld Nr.~Edton he~
could O'et Hr. Pickrell to 1-Trite him "t,hat" check.)
M~. ~vesterman discussed the possibility of the City purchasing the ~ec-
trical System. From th>. preliminary study made t1vo years rtO, he recommends the
,City buy it as it is a rp[,Uy de'1irable money makinr: system, more so than tin ~",r3~
Water and ..,)e1'!'2r ..:>yst':3m. GVEC' s ten V8ar c;'ntract runs nut in 1968 and as their I (...D
system is outdated, he feels th~ Ci ty can 'rrake improveTTBnts anc offset the rebate
GVEC nov,r gives its custorrers. J.he Council uas unanimously in favor of l'lr. \\Testerman
making a study and bringing the previolls report up t,r, date. He 1..;as also asked tl) Plake
a study of too streets, by ~J[ayor Richard.
The Council authorh.ed Hr. Westerman
Contract for 24 months -in 'tiThich he a~reeR
System and .:)treets.
Mayor Richard read a letter from Mr. Malish, ":>ugerintendebt of 3cnertz- 2{
Cibolo Independent 0chnnl uystem, vJanting assurance from the City of '~hert,z ,'~, I;J
they 1";01.1ld have Hater and se1..;age at the r]e"T High ::lcrnol site. I~r. Cross gave'~ 13/
a pr0>liminary survey of' he s~wage. He sue:\l;f>sted hra ,;\rays 0f handling it. nne by ~
using a Lift Station and the other hy llsiflg' a grrtvity route. He recom1"1'lAnded the / ~,13
gravi ty route. lie said it Hould take care nf all future de vel oprrent to the nnr'!!1 v f) I
anl1 north8ast of the City. Either ,.ray for the sewa2"e Tr\Tnll1d cost anproximately I
$33, tJOO..OO. As for' Tater, he sugfSested running an fl" water Train aJ 1 way to the
City Limits along Live Oak rtoad, at an approxim3ti? cost nf $13,~OO.OO (includinG
at l':ca8t t:vJn Ore hydrants, fittirr:;s etc.) On a motion by ..'~. Koym, secorrled
by Er. Harx, Hr. Cross 1tiTas asked to draT..)' np plans for this ':vater & se1..)'ar:;e using
t~E> gravity route far thP sewa2:e. Notion carried unanimously. 1,5.'33
Jllaynr Ricl--tArd asked ~fir. Cross also to nake preliYTlin.?rv {)] 2ns on HE RittiJT:3Im I B?
1tddi tion.
.l.
Mayor icharc:1 asked 1'11'. Louis 3eaF:ert to please have tre Orrl;triance lcwering L. 13Y
the Sewer rate from $.tJO ~or th=> .n11tlets over :1'1", minirmm of five to $.2::; per ~~.,.,
out1"!t, readv by the rreetJ.nG on :"oy1rhy December 13, 1965. .
Y13yor, Richard 't'ead a Resolution frnm the Plannin? ommissio1'1 r.f tre Gity
of ..Jchertz concerning the Farm-to-Market Road Eo. 78. On a motion by ~:r. '/ L 13 ~
Perryman, seconded ',;r l.~. i1arx, this :!i'E'solution l..;as accepted and a reso~ution(pJ'I~1
from the City Council is to be written and mailed to the Commissioners vaunt, )...:
Sev1in, Texas; 11.. E. Statzer, .3up.-ReSic1Pnt Engineer, Texas Highway Dept.; and
Mr. R.O. Lytton, District Engineer, Texas Higtr"Tay Df'!partnBnt..
After much cisCl..lSsi on the lJonncil decided there were nnly tHO possible
S0111tiol'1s to Hr. Pugo Ackermann's request fo't' an increase in s,q]ary. No. 1-
Ask l'~. Ackerm:mn to resi>"'n as L.ity harshal1 anr1 appoint him Chief Qf' PolicR
at a salary of $47'~.OO a month 1iTith hiM furnishing the vehicle, all upkeep on
seme, rad-i.o, insurance, uniforms, etc. :Fr. Ackermann to furnish Stand-by T..;tBn te is out
of tOHn. No. 2- City obtaiTl a vehicle and hir8 1-Tr. Ackermann as Po1ic8 Chief (after
he resigns as City 1'1"1r81,all) at a salary of $300.00 a rronth and hj.re an arlClitimnal
man at approximately :1;2C;O.()0 per month.
Secret 3a11 at was revealed:
h~\ 1)1
16'5
to dra r up a Financin!! Ae:reement
to make the St11C;{ of the electricrtl
0~' '30
I ~ ()
~: (3'
Ib~
3 'fotes far No. 1
1 vate for No. 1l'
Hr. Koym made a motion, seconded b" Mr. Harx, that
}"otion unanimously carried.
., d d b J.'J. j,VJ.
On a motion bv Mr. ~chertz, sec 'n e y r. arx,
Mr. Ackermann's resiHnation as City l'1arshall effective
sl)1uti on No. 1 be accepted._
.. 3?'
tte Counc il accepted "~l 'I~'
2rrl day of Decemtber, 1965.
1'12
~ltJ
\o~,\ "'
\\\
~0'\'!;~
,j\ "
-t\c;
l \ l\\>
, ), J^
\C \ "\JVI
~~yor set the date of the next Council meeting as Monday, December 13, 196~.
Mr. Ackermann asked if ..,hen people wir not clean lots as req-oosted, can
the Cl'ty hire some one to do it and add it to the owne r' s taxes. Hayor Ric hard
told him to file on the people, if they refuse to clean tre lots, according
to the ordinance.
Motion to adjourn by 4'Lr. Perryman, secorrled by l'~. Schertz~ Motion
carrie d.
Ci
I
I
Called 'reetine- of tbe 3ch~rtz City C"uncil held at the City Hall in
Schertz, Texas, on the 13th day of December, 196~.
Mayor Roy W. Richard called the meeting to order with tte follcwing
named aldermen Prel5ent: Raymond G. Kovrn, Ottomar A. Schertz, Malford C. Koch,
and Edgar Marx. Absent: ~arnnel R. Perryman.
?'.a.yor Richard read a proposAd amendl1'ent to Ordinance No. 80.;1 redu::ing
the additional fixture charp:es on mor'~ than ~ f1xtl1res from $.~O each to
$.2~ each to become effective !is of December 1, 196~. ~Kotion by Mr. Koym
and seconded bv ~.1r. Koch the Or"dinance be passed and adopted a5 read. Motion
unanimously carrie d.
ORDJ~ANCE ~o. 80-1
AN ORDINANCE AMENDINr. SF.CT10N la OF AN ORDINANCE O\;' 'T'11E CITY OF SCHERTZ,
T'XAS BEAR.H.ra NO. ENTITLE': AN ORDINANCE REGULATING THE mE OF
SP'WERS AND PR.OVIDINr. '1.ATF.S F(R SE\fSR SERVICE 11\T T '...,'E CTTY OF SCHSRTZ,
TEXAS, PRESCRIBING A PENAI,TY OF 'Jor, YORE THAN $100.00 FOq mE VIOLATION
T!-ffiREOF. DFFINI:'[! VIOLATIONS, C';T~TA 1NYNG A S'VIms CLAiSE ANI:; ~PEAI,Dn
AU CONFL TCT'1"1'lG ORDInANCES.
BE IT nRDAIPED BY TPF, CITY COUNCIL n:r:- 'T'PE CIT'I OF SCHERTZ, T~AS:
1-
L_
That Section la of an ordinance of the City of Schertz, Texas bearing
No. and entitled; An ordinance regulating the use of sewers
and prpviding rates for sewer service in the City of Schertz, Texas,
prescribing a r:enal ty of not more than $100.00 for one violation
thereof. Defining violations, containing a savings clause and re-
pealing all conflicting ordinances; shall be and is by this ardinaree
amended to read as fall cws:
1. That for each and every connecti on made to the City's
Sanitary sewer system the folloiring charges and rates are hereby fixAd:
a. He sidential Conr~ ctions
A minimUIII charqe of 1'10(1'0 Dollars ($2.00) for ",ach connection
within the corporate limits of the City serving five or less fixtures
and twenty-five cents ($.2~) per month additional for each openin(;!
served b'r such connection.
This ordinance shall be effective as of December 1, 196~ and shall
be included in all billings rrade in the. month of December, 196~.
PASSED A~TD APPROVED this t~
day of December, 196~.
ATT?ST: jf, jJ" 'I" J( ~ W 0
CitY~retary -
The Ordinance on Dispensing with tre Elective Office of Marshall and
appointing a Police Chief. Tabled until rext l1'eeting.
.. -.. <<.'. .
.. .
113
The bill due the City in too amount of ~2~O.OO for the Radio was dis-
cussed anc1 the secretary was instructed to ask I-lr. Ackormann how he wished
to pay this.
I1otion to adjourn was aoe by Hr. Koch and seconded by Hr. Koym. I'lotion
carried.
EXC~':~PT FTV Tr-? ~'~rPJ'to~; np TiC;; CITY cnnr.'C II :'rp;C:T:r~.Jn 0f
D,!:r,~~mE1:) 2tl, 19b~
On this the 28th day of December, 19~~, the City Council of the City
of 3chertz, Texas corwenec1 in Regular ..:.>ession with Sam Perrynsn, Aldermm;
Ottomar Schertz, Aldenrw j H.J.~rmonc1 KOVJ11, Alderman; i-Ialford Koch, Ald'?rl'1arJ;
and Edcar J. Marx, Alderman; the above compris ine: the Hayor and all of the
Aldermen of the Ci ty of Jchertz, T(~xas an d nC:1e being absent. This constituting
a q1.1orum, tte lIB etinc: Has called tn ordery the Hayor and among other pro-
ceedinf"s, the fol] mving !'vas had: Tbe Jlayor read the Resolutinn and Alderman
Raymonc1 Koyrr moved that it be3.dopted. Thp motion HiS seconded by Alderman
halfo-r-Q C. Koch 8n8 the motion r.arried foY' the 2doption ()f the i'esolut.ion
unanimous1Y"li+h the f()llo,~nr" vote: A:T8S: l'Ia::'or Richard, Aldermen PerrynRn,
,Jche.,-.tz, Koyr;], Kocl-' and Harx-. Noes: None. .L1c~ 'tesolllt:i.on as adopted is a3
follows:
(pJ /41
I /~ ~o*
/!.~,
kRESOLUT!O!-J
APTrJ()"RIZING NT n APP~OVING T1:.)1<' srr:SVI3SI01" (',F
'T'HF ',TC'1r.AT"lIE P1.001.,M~ F1J-q cnT'f'tTT\TITY P'lJ'R0'.'FT'E1\'T
OF 'T".J'~ r.IIT ('"[;> ::: r;~rP1.TZ ']T\ "",T;;' TT. S. D"'P AE'Tl'E:J'.' T
0F Hrv'STNG NTD TTTf<AT\T rEiTEL0P1c'ENT.
WRE'7":AS, too City of Schertz has cont.racted for the p!'f>.parati nn
of a comprehensive plan '.rj th Fed~ral assb tance for Ueaster c!t~"e] nprrent of
the City of 3ch "rtz as a ',rho]e; and
HI-fi' REA ~, said plan includes projected la nel use plans, street and
thorouP.'hfare pJans, communit:y facilities ;mc1 p1.llic improvem:mt prorrrams for the
City of 3chert7.; and
:^lHEREAS, in addition tr:; said plannjnr: "E'3.sures, the (;H~T has under-
taken the prenaratj "n a r8gulatory '"1easures sl1('h as building codes and zonirg
ordinanC(~3 in order to imple TIE nt its compreh2 nsive Dlan for community develop-
ment; and
TV:IE:1.EAj, T~'T:; Ci" Y of Jdhertz j s undertaking nrOf!rams of Urban
ReneloTal 1<Ii thin said City ,-rhichi ncl ude comprehensive planninr:r, estahl ishments of
codes and ordinances, neighborhood analysis, financin~ and relocation of dis-
placed families and other Treans "f preventing and eliminating slum and blirrht
within said City; and
\rEEREAS, the City of .::ichertz has author izcd the prere ration of a
workable pror:ram for community :i.mprovement to 8ncompass all of the :If:oreTlE'nti.oned
goals and activ ities for the planning and imnlerr:entation of the ma ster planning
of the said City of Schprtzj and
Tt:~1.EA.3, tree vit ./T of ":'>cr,y~tz is seekinf" l' ederal assistance in
connection with its prop:rams for c',mm mity- improvement and the filinR: of a Hork-
able progrepn N'ith the Departrrent of Housing and Urban Development is a pre-
requisite to qualification for any federally- assisted program.s concerning
TTr;1an Developemnt; now, therefore
Br.; T'T' "1H'S'iJ':'Ti'T']:j" 'T'f'];' (,T']''' ('''qTCTI, ~f THe: rT'i'Y ~F 5CHS'1TZ:
1. The Havar is herehv authorized to s1Jbl'1it to t.he 1Tnitpd
States Depart:rent of B0u,sing and Urban Developement the rJorkable Program
for community im]lrovpment preDared Ocr the Citv ()f Schp.rt7, for a~proval.
114
2. PA3S~D MTD APpqOV:;'~ this 28th day of Lecember, 196r;.
. ri?~fir~~~
--I
I
.--"
A"TSST:
G. !!pg~J)~dwJf
City Secretary
THE STATE 0~ ~EXAS ~
COTTNTY OF GTTADALTTPE }
CTTY 0F SCH 'RTZ ~
I, the undersigned City Secretary of the City of Schert?, Texas,
do hereby c~r"ify that the above and foregoing is a true, full and correct
copy of a Resolution adopted by the City CouncU of the City of Schertz, Tpxas
and of the Minutes pertaining thel"'!l'to on tl1e 28th day of December, 196~, ~.~hich
Resolution authorized the submission of the workable program for co'munity
improvement of the Gity of Schertz to the United States Department of Housing
and Urban Development. -I
EXECUTEf UNDER MY HAND AND SEAl C'F SAID CITY, this
December, 196~.
day of
" --
JJ /,'J 1/ A( P. . /J
G. ~'t}~'l-etary
City of ~chertz, Texas
THE STA'T'E OF TEYAS I
crr:nTTY OF GUADALUPE ~
?~FnRE HE, 'he undersigned authority, a Nota1l7 Public in and for
Guadalupe County, Texas, on this day personally aDpeared G.Ttl. PICKRELL, City
Secretary of the City of SChertz, Texas, known to me to be the person '..hose
name is subscribed to the foregoing instruYrent, and he ackncwledged to me that
he executed the sarre fo r the purposes and c0Dsiderati "n therein expressed and in
the capacity therein' stated.
196r;.
GIVEN UNDER my !land and seal of office this
day of ~cember,
Notary Public, Guadalupe
County, Texas
".~i:;!. . .
....?
,
115
-7
Regular ;'1e:tinf of the .:.lchertz lJj tv Council held at the ~ity Hall in
oCh"Tl.z; Texas, on the 6th day of January, 1966. "
I~ayor Roy \^!. Richard called the meeting to order "lith the follo,ving
Darned Aldermen present: ::1aymond G. Ko~nn, Malford C. Koch and Edgar T. l'lar.Jli.
Absent: ntto~ar t. och2rtz, and Samuel R. Perryman.
Also nresnet 1;,Jalter A. .::lch"'rtz, RusseJ1 G. R01vell, City Attornev Louis F.
So.egert and Chief of PolicE'! Hu;;o 'I[. Ackermann, and Fire CMpf Archie J.
vJ ood:"yarc1 .
Hinutes of YrBetings 12-2-6C; and l2-13-f,~ approved as read.
Letter frorlf Ranc'olph AFB re: Does the Cit~t vlish to continue 'Agreerrent for
}~utual kid in Fire Protectin? Hotion by r'~r. Kod: secon0ed hV Hr. JvIarx to con-
tinue and notify them of same 110tinn carried.
Mayor 'tichard W3.S approached by hr. O. Riedel to Dave the road leading into
the sewer olant anr1 he Hill share half the cost. After SOTre disc11ssion on the matter,
0.ne to tile c'i t~T nnt ,'8inp: in nf~ed of the road And extra expense for mainter.ance
on a motion by r.1r. Koch spconded hy ['Jr. harX' not to pave the road. Motion 11IHni1T:- ()()),
ollsl y carried. f,~' ~
:!r. "Jor;dT.rard made inq1.lil"J reQ:ardinr:; tne openinl! 0f an other street in 'vest- I ~
land Park. Hr. ScheY'tz and l'"r. l'!oodHard ~dJJ contact contrActnrs for scyne exti-/l/', ~l>3
rrat"l3 on Davin"" etc. I D~
Pr()p~sprl Ordinance 134 Dispensino.: 'vi, tll t,h? off:1ce of Harshall, T'j d c"nf'''lrrin:::r
the dnties of said off'ice 1Jpon thp r.hief of' Police of th? gHv 0f 3cnprt7" Tpxas, .I
fhini\ thp salary of 3nch officer at ~)-i7r, .no per month. l:oti on hy Hr. Koym ~",.r)b '1
secondpd by :~. '<larx, tl--p (lrrJinanc'" be3CC!;pted o.r1C ,asserl as reA,o. r"btion IOS.1
llnanimously approved. -tJ ,3'1
~~,oo (
}O ~
OR.:r;Tl'A"TC~ ~TO. 131~
A\: ORDplM1CE (',F Ti~ CITY nF ;)r.FH;Rr'~', TEXAS :CIO?V;,TSP!,~,T1 TE TnE ~:?FTCE OF ;TARSHALL,
CnNF2;RRHJG TTIE DurIES 0:;';" SAID OFFTC S UPOH 'Ti-fP ?OLICE ClTIE' (iF 'HS CIm:; OF :)(:T'r:;QT7,
TEXAJ, FIXrrQ rHE SALARY nF:)nC;T{ 0FFTC'''R An- PROVFING THAT ;I[URP.EEVE~ I~I 'J-JF N?,~;,
!)INAl\JCES OF THE cr:'Y OF .::iCIT":?TZ, TEXt,..., THE 'TrlRD GITY I~RSqAlL APPEARS TH,I\T .jt."}'E )'1:.1 Al,L
I'EAlJ ~1;T':: SHTEF OF P0lTC'~ OF ':FE ('TIT 01;'-)C~EP.~-2, TSY~",:
3-~~ : ,'" I--'~D.A.I!':ZD 'Y l'T~'~ CITY (;f:'.T_~ ;:~IL 1:,}1 '~1=~~; (~=lY Cf1 JC!-l~~R'T7, TEXJ~~:
--
L. Tl~e Jf f' c" cf N:l :'::;:a] 1. d t 11<" City of Schertz, T8xas is h~re1.Jith ois-
pensed wit.h and abolished and all of the dllti"~s of said 0f~iC'f'r aT"':: sn.ferr2d lrnrJ!,
a City Polic~ Officer tn 'oe kncwn as the Chief of Police to be ap')ointed b~! the
Fayor, su''.)ject to the apc'roval ;wcl consent 0f t!:e City Council (.f the City of
Schertz, Texas.
2. Such Chief of Police sh all hold office at t.ne pleasure of the City
Council of the City of Schertz, Tex,"s.
3. The City C01IDCil of Schprt7" Tf1YD'3 may provide for such other police
officArG as may ~p l1Pcpssary.
4. The Chief of ~olice of thp City of Schertz, Texas shall receive a
salary of $47~.')O Der month, provided, ha:"yever, that the sai..Cl Chi.ef of Police
shall furnisfl an au omobile 'or th8 performance of hi:: r'l1Jt'i"~; ,"I1V all eXp3nGSS
incurred in 'connection tb"l:"'Pld th an' ft1rnish and pay a" standby police officer
approved by this CO'1nCill,rho shall serve ,.rneneverhe said Chief of Police is
llnalJl'? to perform trE' duties or i,s not, to h8 fnund l.!-ii:hin tne City LiT:Jit3 f"lf the
City of '3cr'ertz, 'J'ev'1s.
~. Tm 1"8 a't'8 here"rith listed a number of pvpenses tf"l be bf'JI' OF> hy U:'?
Chie f of Pol i.ce for 1J.'1 ich he ".rill Dot 00 rairr.bnrsprl by the City of ..)chert~, T"'xas
ann c'Inncctir;r, ~Nith "rhich the said Cit.y ()f3cnert"', Te':"9s T,rilJ bear no responsi-
bilH,y for pa,:rcBllt. This list is not to be exclllsiv'" 1",~t (;nr.stjtlltps an pmr:r:eration
of recurrin~ items of f'xpens~. Sllch items are as foJloHs;
(a) Professional diles, char~8s for rrembsrshin in prnfe'ssior.al orp-an: zat:ons;
116
~~l bO ~
1116
~D~
~(Pl O()V
I(PO
(b) Automobile liability ins11!'ance, includinp' 1 iability insurance,
hospitalization, and any and all forms of insurance;
(c) Automobile repairs a~n exnenses;
(d) Radi0, radio repa~rs and ~xpenses;
e) Telephone anCl lopp' cti. stance calls;
,f) Payment of standby police officer; and
(g) For any and an other exrenses :incurred by tho:> said Chief of Pol ice
by reason of his serving :i.n sl1ch capacity ar nerfarmance of tffi dnties of 'his
off:i.ce.
6. The lihief of Police of the City nf 3chertz, Texas shall perform such
duties as herein specified and such other dntie s as may be assigned to ~'im by
the City C01J.ncil of the City af .:ichertz, Texas.
7. \tvrereever the ~vord City harshall appears in the Ordinances "r Reso-
lutions or procedin~s of the City of Schertz, Texas such term, City J'larshall,
shall mean ann shall include the meaning of the Chief of Police of the vity
of ~chertz, Texas.
PA3SED HJr: Anp-qCVETI this the ~ ~ day of January, 1966.
B~chqfW
A~7/,,~ {1 r i ,J!)
(l ~
Clty:Jec~ ary.
(cont I d. '''elow)
-I
Regular meeting of the .:>chertz City Cooncil held at the City Hall in
;jc~rtz, Texas on the 11th ~ay of January, 19f;6.
Mayor Roy \.J. B.ichard called the neeting to order ~vi th the fall (Wing:
naTTeo tldermen present: 3amtel R. Perryman, Ottomar A. Schertz, Raymond G.
Koym, "alford C, Koch and Ecl'ar T. I'larx.
Mayor Richard read a proposed !tesoluti on anproving: the nndertaking of a
General neiC'hborhood renewal project for the City of Schertz, Texas and anprov-
ing the filinp of an applicati0n Bar a Federal AdvancR of Funds.
(cantle. below)
Proposed .financing Agreenent with M. ~. Allison and vo., Inc. received
asking for 36 months in which tine tre city may purchase the now existing
electrical system or construct a rew one using Electric .::iystem Revenue Bonds.
After consideration of this and a thorough discussion it was unanimously agreed
to grant a 24 month arr,reenBnt.
Mr. Ackermann reported tre need f or new traffic tickets now that no court
costs apply 1~th fines.
Motion to adjourn was made by Mr. Koch and seconded by Mr. Koym.
Motion Carried.
tJanuary 11, 196b
t
Mr. SarnueJ ft. Perryman moved its adoption. Motion was seconded by l'lr. Raymond;
G. Koym and passed unanimously with Mayor -qoy \-1, Richard and Aldermen Perryna~,
Sch'-'rtz, Kovrn, and Koch and Marx voting"Aye"ano none voting"No.1t
A RRSOl'1'!'IrN
APPROVTW1 TRy.; U'TD~~TAKIN'1 nF A i'E!-fElUI NETr;H3n~F"0D REW,TAI, ?'R0JECT
FOR THE CITY OF 3CHF:Qrr7 A~m A?PROV"Tr. THE FTLTNG OF AN ADDIJCATJ()N FnR
A FE:D~RAL ADVAFCE ()F FU''Dj.'
<<"""".,-
.i.t''t!i~'' "
117
;'J'!"SR2A:), under THJe I of thp Housi.np' Act of 1949, as amenderl, tbe
Housing and HOrrB .L: jnance Administrator mv rrak e advances nf funds to local
, .
Dublic 8<!etlcips for tl1e preC)aration "f Gellera:t Feighborhood R.sneiNal Projects
for area~ deLined in ::>ection 102 (d) of ,:31)eb Title.To!here the interest of SOllDd
commuY)i,ty olanning mak"ls jt desirable tha t the llr Jan renewal act-LvHie s proposed
for tbe areas be p] aDnen in their e 1"tiretv; and
',m;:;;trr;:AS, Title VI of the C~vi1 Ri~rhts Act of 196L, and the regulations of
the Housing an rl Home Finance A>rerc v effectllatinr; that Tit] e provide that no
person shall, on the gcound of race, color, 0r natjrmal origin, be excluded from
part.:i cipation if1, be denier the benefit.s nf, or be subjectAd to discrininati0n
in the uDdertakinc:r and car:rying ont of 11rban Y'errwal projects aS3isterl under
Ti.tle I of the Housinp' Act nf 1. q)!9, a3 am8nde ri ; and
r.rPER.EA)) it is c1 sirable and in the nublic inteT":'st that the Urban Ret18irral
A?;ency of tlie City of 3chprtz Dreoare a G8neral Neighborhocxl ReneHal Proj'?ct,
presently estimated to cost $ , in that certain area, here~n
rlesi~nated a Gen~ral Neighborho0d Hew'wal Area, located in the City of Schertz,
Gounty of Guada3mj:e, anc State of' Texas, and iescriber' as fo]lO'N"s: l'ne Ruffalo
Valley Project consistini" of approx:irrately acres composed of the
urbanized area of the City of )chcrtz~ Texas and b011nded 0n the rv-rth by
Aviation Avenue; on the east by RandolDh Avenue anc L('ne Oak Road; 0n thesduth
and ';fest by Cibolo Creek and the city liTTlits line;
1\0\1, TF~REFOR , BE IT RESOLVi\D ?\r TI' B CITY C"'T'I'CIL nF 'T'}jT' CITY ()F SClr::R'TZ:
1. Trat the proposed General Nei~hhorhnnd ReneHal Area described above
is an-area consisting of an l1rban renewal area or areas and adjoinjn? 2reas
having specially related pro>ller1S, Hrich is of snch size that the urban renr:'Hal
activities in too llr'~an reneitTal a"ea or arr'as may r.ave to be initjated in statps,
consistent we th the capacity and resourc"s of t he Urban Renewal Agency of too
City of Schertz over an estimater period of not 1nC)re than 8 vears.
2. That the uf1dertaking by the Urban Renei-ral Agency of the City of Schertz
of the preparation of a Gere ral Neir:;hborhood Renewal Project for the General
Nei2'hborhood Renei,ral Area described above is hp:rehy a:'proved.
3. That it is cognizant of the intention of tne TTrban Renewal Ar:enc" of
t1-'e Citv of Schertz to unrlertake an urban reneHal oroje ct promptly upon com-
nletion of the General Neig;hborhnod Renewal Pr,',ject ano tne preDaration of an
urban rene,-ral plan for s11ch project, 'N"l,:ich proje ct shall embrace at least 10 pc~
cent of the llr>~an rereHal area 0r areas Hi thin the General Neicrh bnrhoor1 qene~r1al Area
and sheLL] he of 't 1.,,,, character C ',ntempJated bv Section 110 (c) of Title 1.
4. Tbat it is cognizant of too c',nditions th;:Jt are imoosed in the under-
taking and carrying 011t of urban renewal projects "itb F8deral financial a:>si3t-
ance under 'Title I, incl1l0inl! tl10sp relr1,ting to (a) a feasible rret',no of re-
location, (b) the pro', isi 0n of necessary loca] grants-in-aid, and (c) the pro-
hibit'Lon or discrim:i,r'ation ~'eC'iUse 0f race, color, cr~erl, or national origin; as
well as the reqllire'rent nf ~;"'ct.i0!1 IG2 (d) nf Title I that .:l Gen;ral '~eiehborhood
Renewa' Project conform tn tJ.:e locality's [-'ene-r'al plan and i,vi)rkable pr'JP'ram fer
community improvement.
~. That it .is the i_ntcntion of this body that the General NeiPhborrnod
R.enpwaJ Project rNilJ 8 Ilsed to th8 flll1e~3t 8xtFmt. feasible as a guide for the
provision of Dllblic improvements in the General :-:eif,hborhond 1enewal Area and that
the Project \'Jill be considered in formulating codes 8.nd other regulatory measures
affecting propert.": n s'lch Area an d in unc1ertakiriP' other loca] p':overnnental
acUv:it.ies pertainin?, to tl1e developm'3nt, reopvelo~)ent, r8habilitation, a;r1
('('nservation of the Area.
6. That the fi1in::: of an appl icati on of 'he Urban RenevJal Agency 0f the
Cit'! of Sch("rtz fo~ an advance of furds from t' p T}nited States to enable it to
deft'ay the cost of Dr:)paring; a Genera] I~pj[';hborhood ReneFal Prn:iect for till rro-
pnsed Gen:~r3.1 l~pi.O'hborhnod B.eneHal Area Describec above is hereby approved.
7. PA':';SED A~]T" A'-'VlOVED thi:o.: d f' J 1966
~ ,ay 0.. anuary, .
Roy 'tV. R' chard, y r
11M
A'I'TSjT:
Q.4: tLll;1tt!!.cretary
CERTIFICATE
The undersigned re reby certifies as fall rws:
1. That he is the duly qualified and actin~ City Secretary of the City
of Schertz, Texas herein called the "Municipality" and the keeper of its
records including tre journal of proceedings of tre City Council I-erein called
the "Governing Body" J
2. That the attached resoluti.on is a true and correct copy of the reso-
lution as !'inall:v adopted at a meeting of the Governing Body held on the / /
day of January, 1966, and duly recorder in his office;
3. That said meeting ~as duly convened and heln in all respects in ac-
cordance with laT" and to the extl:'nt reqlliNd by law dne and proper notice ni'
such meeting was given; that a lel!al quorum was present thro1le-hout the meeting;
and a legal} T,T sufficient number of members of the Governing Rooy voted in the proper
manner and for the adootion of said resolution; and all other requirements and pro-
ceedings undr>!, 1311'1 incidpnt to the proper adoption or oassage of said resoluti. 'in,
have been duly fulfilled, carried out, and otherwise observed;
4. That if an impression of the seal has been affixed beleJi, it constitutes
the official seal of the Municipality and this c~rtificate is hereby executed
under such official seal. If no seal has been arfixed :Iel",.;, t.he Municipality
does not have ar.d is not legally required to have an official seal;
j. That the lmdersigned is duly authorized to execute this certificate.
IN ~lITNES3 l.JHEREOF, the undersigned has hereunto set his hand this
,f ~ day of January, 1966.
l f{, (),;lp{)j
U. W. Pickrell .
City Secretary
Schertz, Texas
ATTEST:
~h~k~
Hotion to adjol1.rn was made by Hr. Koch and secoJ"lded by Nr. Koym.
Motion carried.
I
~"'r.
I j..:i,,.'
119
i
~gular meeting of the Schertz City Council held at th3 City Hall in
Schertz, Texas on the )rd day of February, 1966.
Mayor Roy 11. Richard called the meeting to order 1,dth the following nemed
Aldermen present: Ottomar A. Schertz, Malford C. Koch, Edgar T. }1arx, a11d P..a;ymond
G. Koym. Absent: Samuel R.. Perryman.
Minutes of the rreetings for January 6th and 11th, 1966 1,fere read. r"-otion b~T
~r. Schertz, seconded by Mr. Marx, minutes be approved as read. Carried. ~
Proposed election to be held April 5, 1966 for Ma,vor, tl,vO alderrren regll.'.1:' t6,f)()/
term and one alderman for remainder of unexpired term of Clifford L. ROTie11, Sr. / J~{,. :11-
Motion by Mr. KOj'm, secooded by Mr. Marx and carried;the Secretary to prepare notice J)o
of Election. (JA
NOTICE OF ELECTION TO
CIT IZENS OF SCHERTZ, TEXAS
On Thursday, too 3rd day of February, 1966, the City C011DCi1 of the CitjT of Scoortz,
:) ~
Texas, passed the follovnng T-?.esolution:
Oq,DER FOR CITY OT-'FICE1t'S ELECTION
BE IT :lESOLVED BY THE CITY COTTNeTL OF 'IH~ (Try OF SCHERTZ, TEXAS.
That an election be held in said City on the r;th day of April,
1966, for the purpose of electing the fol1owinp' officialfi for saio City:
, May or
Two (2) 60uncilmen, re~llar term
One (1) Councilman, unexpired term of Clifford L. R~Tell, Qr.
Such officers to be elected by the qualified voters of said City for the
term of Two (2) years, except that the term of Councilman elected to fill
the unexpired term of Clifford L. Rowell, Sr., shall be for Onp. (1) year.
The two vaca'1cies in the office of councilman, rezular term, to be filled
by the two persons receiving the highest number of votes at st1ch election,
and each qualified voter votin g for three candidates at such ele ction.
Said ele ction dhall be held in the City Hall of said City, and the
following named rersons are hereby appointed officers for such election:
L. J. Kazben Pre S1 d ing Judge
Mrs. John Szperko\lTski Assistant Judge
:Mrs. Janesti TIP Kvaril Cle rk
Mrs. James R. Valentine Cle rk
Said ele ction shall be hclCl in accomance with the Election Code of this
State, and only residents qualified voters of said City shall be eligible
to vote at said elect.ion.
The Mayor shall eive notice of sair1. election by posting 0. coy:>y of
this order at the elction place, which posting shall be done not less than
thirty (30) days prior to the date fixed for said election.
Immediately after said election is held, the officers holding tte
same shall make returns of the results thereof to the City Council as re-
qll:l,redby the Election Code of this state.
120
A copy of this order shall also serve as a wri t of election which shall be
delivered to too above appointed presiding Judge for said election.
PASSED AND APPROVED THIS THE 3rd day of February, 1966.
ATTEST:
GityiJJ& ~MOQ
Notice is hereby given that an election will be held on tre ~th day
of ~ri1, 1966, for the purpose of electin g the following officials far the City
of Schertz, Texas:
One (1) Councilman - This is a Special Election to fill the unexpired
term of Clifford L. -qowell, Sr.
Two (2) Councilmen - Tl'P 5e offices are for the regular tenn of two ye ars41
Any person eligible under the laws of the State of Texas r.ay file for anJr ore
of the above na'm!d offices. The deadline for filine is ~:OO o'clock P.M. of
March ~, 1966.
Absentee voting will be held from March 21, 1966, through April 2, 1966. Any
eligible voter may vote absentee. Applications for absentee voting -must be made to
the City Secretary of Schertz, Texas.
t.fI1NESS MY HAND this 3rd day of February, 1966.
~~
I h If}. ~ Mayor Richard announced he has received a telegram from Senator Ralph l.rf. Yarber-
\J J ough that hp had rece ived notification from the Departrrent of Housing and Urban
11'0 Development of the approval of a workable program for community improvement for tre
City of Schertz.
tlOq Letters to Representative John A. Traeger and Senator Culp Krueger who rrade an
IJ,' inspection of the Cibolo Pollution problem, and declared some action would be take n
,,\ to correct same. .
O,p Resolution as recolTll1ended by Mr. Stotzer regarding Highway Project was read and
\t(,' discussed. Motion by Mr. Koym sectmded by Mr. Marx tre Resolution be passed and
~ approved as read. Motion unanimously carried.
l1)
RESOLUTION
WHEREAS, the City Council of the City of Schertz, Texas recognizes
the urgent and important issue of the al ignment of too new Farm-to-
Market Highway 78 as well as oth3r highway problems that have con-
fronted the cVlIuu.mity for a lengthy period, and
TNHEREAS, the Council feels that these problems should be solved
in a comprehensive manner, now therefore
BE IT RESOLVED that the City Council of the City of Schertz, Texas
requests the Texas Highway Department ~d Guadal upe County to
proceed with the solution of the FM 78 alignment problem based
on the following pr-inciples:
. ",.,,-
.~._~,::'Jil.' -~~" ".
.,1;;',
121
1. The new FM 78 be authorized to proceed aling the alignment
proposed bJr the Texas Highway Dcpartrent. This alignment
is understood to begin near the cntrrtDce of Randolph Air
Force Base and travels northeasterly, 8::'Jproximately
parallel to the existinc.; FM 78, along the sout h line of
the city limits and returns to the existinq: FM 78 near the
Lone Oak Subdivision.
2. The abovA alic:nment is recomrrended over the existing rou te
because of the improbability of obtain:ine sufficient richts-
of-way on the latter .t.o pArmit. the construction of the
n81" hig hway.
3. Due to tha rapid de vel OplTE nt in this area tre Texas High1fay
Department. and rruadalupe C01mty be requestec1 to develop this
new route as early as possible.
B;E IT FI:rRTHE,R RESOLVED 'T'HA'T' the Texas Highway Department be reqre sted
to consider the following ac1dJtional act:ions in thE" Schertz area if
compatible with Highway Department Policy:
1. Upon completi on of the neH PM 78 bypass, desi['nate existing
~ 78 Hhich 1dll continue to c8rry a large vol1Jl''18 of traffic
as "FH 7 R Business Route".
2. Keep FM 1518 along its present alignrrent.
3. In cooperation with the City of Schertz improve "FM 78
Business Routett thru Schertz.
4. Hiden the existing bY'idge over Cibolo Creek to four lanes
Hith a sidewalk.
b"ID IT IS FTmT}ETt RESOLVED Tm. T Guadalupe County be requested to:
1. Ac(Wire and con struct access roads - Randolph and Live Oak
Streets - from the ne1fly routeo FM 78 to the city limits.
2. Request of and join the Tpxas Fighway Department in develop-
ing Live Oak Road from IH 3C; to FM 78 as a Farm-to-Ma!'ket '
Hif,hway.
The above resolution was moved to be anproved by Mr. Koym, secorrled by
}~. Marx, and carried unanimously at tte regular meeting of t}r City
Council of the City of Sch0rtz, Texas February 3, 1966.
PASSED AHD APPROVED, this 3rd nay of Febrnary 1966.
,
Cit~~e1bf8A -P/.wQ
~~
ATTEST:
1~~
J~.fJ\, !"'a-. l-Tal ter Schertz checked with the Council about fire zone etc. in regard
\1)~ to a company moving a building in to be remodeled for an office. All clear and
objections.
0\4 Letter from GVEC recommending Bexar Ele ctrid Co. for Lj cense. All papers
()I. in order. Motion by Mr. Schertz seconded by Mr. Marx to grant License. Motion
,Ii' carried.
Letter from GVEC re: Mr. Barnard has office in Schertz as a managerrent
Staff Assistant. This is not an operational office.
\'J Notice of Public Hearing on Zoning Ordinance - SanE posted and advertised in
)t,\' newspaper as required.
\"J .\ Letter from Mr. Westerman re: Electric System infornation which may furnish
",O\information for study regarding purchase of System.
, Il9D Motion by Mr. Koym, seconded by Mr. Marx giving M. E. Allison ami Co., Inc.
r 'Pinancing Agreement for 24 months. Motion carried unanimously.
O\~ Copy of letter from State Departrrent of Health to Hr. ~okre: Exten sion of
[yl.' time on Comprehensive Planning.
\'>.;0... l8tt~r fro!!! Marmon, T,rok 8, !}'t'0E'n, Inc. sUf;ge~,tin['l' ar, .'l."'lenment re::;arding to:.>
~\'Y'iel-J.t.s-of-vlay vridth of Live Oak We1 Acro Streets.
It\..~ A~j estimate cost bid received from J.D. Jones, Construction Co., of $1772.00
\V for resurfacing Oak Street from Main to Aviation Str~et.
\~ Traffic Ordinance No. l3~ ';ihich has been under study by tre Council was
~'~ submitted for acloption at this tire. On a motion by Mr. Schertz, seconded by
11), 11r. Marx, the Ordinance be passed and approved as "rritten. Motion unanimc:usly
\ ~ approved.
~\
I
ORDlliANCE NO. 131)
AN ORDmA.~CE REGULATING TRA...WFIC ON '!FE PUBLIC STRSEI'S OF THE CIT~ OF
SCHERTZ, TEXA3, AND FOR THE GOVERNMlllT OF O'dNERS, OPERA'IDRS, DRIVERS OR
PERSCNS IN CHA..>i.GE OF CARTS, DRAYS, WAGON S, BICYCLES, I"!)TORCYCLES, AU'I'OMO*
BILES OR OTHER VEHICLE:3, AND eF PEDESTRIANS, USING THE STREETS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, 'lEXAS.:
ARTICLE 1.
General
(a). All definitions contained in Article 670ld, revised Civil statutes
of Texas, or entitled Uniform Act Regulating Traffic In The State of Texas or
adopted as. definitions for purpose of this ordinance and made a part rereof
the same as fully contained herein.
(b). The Word "horse" includes all domestic anirmls.
(c). "School Zone" shall mean and include each street and public ground,
or part thereof, wi thin two hundred and fifty feet of any School, public ,or
private, having a regular average attendance of fifty or more pupils, where-
about signs or markers, bearing too words "School Zone ---- Slowlt shall have been
placed by order of the POLICE DEPARTIENT, and are conspicuously displayed on
such street or ground, indicating the approach to to:.> boundary line of sucl1
school zone.
(d). "Park" - When prohibited ITeans too standing of a vehicle wre tte r
occupied or not, otherwise than temporarily for the purpose of and while
actually Angaged in loading or unloading.
SECTION 2:
Procedure
Any person making an arrest for a violation of this chapter,
within the limits of the city, shall take the person arrested immediately to
the clerk of the Corporation Court, or to the nearest magistrate within tm
corporate limits of the city and file a lawful complaint against the offender;
.tr
"'j
123
except when the person arrested shall ask to make a bond J "hen the person
makine; the arrest shall take'! a bail bond of the offender, in th~ manner and
form prescribed by 10M; that the offender 1.vill appeCl.r ane anm-rer the accusation
brought against him before the Corporation Court,;except an arrest for a
violation of the lav,)" relating to the speed of motor vehicles. ~{hp.n the persQ1
arrested, as stipulated by the statut~s of Texas ,to appear at the Corporation
Court.
(b). Penal ty - Any person w'h 0 shall violate an~r of t.oo pro vi sio ns of
Co this ordinance shall be deemed guilty of a misdeJreanor an d upon a conviction
shall be fined not less than one ($1.00) Dollar nor more than 1'-wo ff1mdred
($200.00) Dollars.
(c). Payment of Fine at Traffic Violat:i 0'1 BUrE''111 -
\
1. Any person who has received any notice to appear in answer
to a traffic charge unde'Y' this chapter may, 1-rithin tre tirn e spe cified in the
no.:tice J appear at the Traffic Violation Bureau and answer tre cha rge set forth
in such notice by paying a prescribed fine an9- in writing, pleading guilty to
. the charge J waiving a hearing in Court and giving Power of Attorney, to the
person in charge of the Bureau to make s'lch a plea and pay such fine in Coort.
2.Ai:ly. person. who has been guilty' of .tbreQ or more traffic
violations, except as otherwise provide d in this tit Ie , with in th e proceeding
twelve months, shall not. t>e:.'permitted to pay a fine at the Traffic Violat.i.o.n
Dt."" c.~u,a.hd he must niake s'ta-tutory bail: for appearance in Court. (
, .~ - .\.>;~ .~:
(d).. Dispos~tion of Fines and Forfeitures -
All fines or forfeitures collected upon conviction or upon the
forfeiture of bail of any parson charged with a violation of any of the pro-
visions of this title shall bepa ~d into the city treasury and deposited in
the general fund.
(e). Failure to Obey Notice or Summons--
1. Any person who violates his written promise to app:lar, f',iven
to an officer upon an arrest for any traffic violation is guilty of a misde-
meanor regardless of tre disposition of the charge on 'Which he was originally
arrested.
2. AIJy driver of a motor vehicle who unlawfully neglects to
answer to the charges Bet forth in a written notice affixed to such motor
vehicle by a police officer as provided by any ordinance of this city is
guilty of a misdemeanor regardless of tre disposi tion of the cha rge for
which said notice was originally given.
(f). Unlawful to Give '.Trong Name or Address -
It shall be unlawful for any person when glvlllg a written
promise to, appear, or given a written notice by any police officer to appear
before the Corporation Court of the City of Schertz to answer for an offense
against any law of this State, or any ordinances to too City of Schertz, to give an
assumed or fictitious name or a false place of residence or address, or any
other than the true' nane and the true place of his residence or address, upon
the request of such officer.
(g). Vehicles May be Removed and Impolmded -
Any vehicle parked in violation of the traffic ordinances of the
City of Schertz at a place vIDe re parking is prohibited or parking time is
~
124
limited may be removed and impounded by the Traffic Division and an impounding fee of
Two ($2.00) Dollars assessed against and collected from the Owner or driver
of the vehicle before the release of such vehicle. The payment of this
impounding fee shall not excuse such Oiner or driver of tM vehicle from
thecharge of violating said traffic ordinance prohibiting or limiting such
parking.
(h). Negligent collision.
If any person driving or operating or in charge of any motor
vehicle, animal, railroad engine, railroad car, wagon, cart, dray or any
other vehicle, shall, by negligence, cause or suffer or permit such vehicle
to come into collision with any other vehicle of any nature whatever, or with
any animal, person, street sign, street post, water plug, mailbox, or any
other obstacle or object whatever, in or on my puclic street or any puliLic
place whatever ip the city, suc h pe rson shall be prima facie pres'UII'B d from
tb9 fact of collision, and shall be define d as t113 want of sue h care and
caution as a person of ordinary prudence would use under like circumstances.
(i). Duty of driver involved in colliSion.
The driver of any vehicle involved in an accident resulting in
injury to or death of any person, or in total property damage to an apparent
extent of not less than twenty-five dollars, or in any damage to traffic CCJ'ltrol
d.evides or other public property, shall immediately stop such vehicle at the
scene of such accident, and shall immediately and by the quickest neans of
communication, notify the police departnent of such accident or cause,,-,sueh
police departnent to be notified, and shall thereafter remain at the scem
of such accident until a police officer arri. ves.
(j). Duty upon striking unattended vehicle.
The driver of any vehicle which collides with any. private property
under circumstances not req11iring a report to the police department, shall
immediately stop and then and there either locate and notify the CMller or
person in control of such private property, of the names and addresses of the
driver and owner of the vehicle striking the private properV, or shall leave
in a conspicuous place in or on the private property, a written notice giving
the names and addresses of the driver and owner of the striking vehicle and
a statement of the circumstan ces under which the accident occureed.
(k). Duty of other occupants.
Whenever the driver af a vehicle is physically incapable of
notifying the police department immediately, in accordance wi. t h the provi sions
of the above two sections, or to give the information required in the above
two sections, and there is another occupant in the vehicle at the time of the
accident capable of fulfilling such reqnirerren ts, such occupant shall fulfill,
or cause to be fulfilled, such req'lirenents.
. (1).
Telephone reports by garages receivin g damaged vehicles.
The owner or person in control of any garage cr repair shop to
which any motor vehicle Showing evidence of having been involved in any
accident .(regardless of amount of damage) or of having been struck by any
bullet, is brought, shall immediately telephone such fact to the police
department, unless such motor vehicle will be in tte possession of such
garage or repair shop for a period longer than twenty-fror hours after sooh
motor vehicle is received.
.:.
I' ~. If
125
(m). Written reports by garages.
The owner or person in control of any garage or repair shop to whic h
any motor vehicle, showing evidence of having been involved in an accident
(regardless of a.'TIount of damage)" or of having been struck by any bullet, is
brought, shall furnish ,a written report to too police department, within
twenty-four hours after such motor vehicle is received, on report forms
furnished by the police departnent whic h shall con tain such inf crmatipn as
may be required by the police departrrent.
Cn). Impounding damaged vehicles.
It shall be the duty of the police departrrent to impound for th3
purpose of inspection, evidence and public safety, any motor vehicle demolished
or disabled and inv:olved in a wreck or collision on the streets of th3 city
which is unable to proceed safely under its own pwoer, or when the occupants
or owners are unable or fail to have sllch motor behicle s remove d, and it
shall then be towed by the police to tIE city pound, or otoo r sp ace under ttE
control of the ci ty, whe re it shall be kept until released by a writ ten
, order of tIE owner.
(0). Towage fees; lien.
For such service, tte polke ,departm:mt shall derta') d and b,e paid,
before releasing such car, the sum of five dollars. A receipt shall be fiven
upon payment. Such money shall be deposited by ttE officer rmking the collectiDn
with the license and dues collector within twelve hours after such collection.
The city shall have a lien for the unpaid towage fee upon tl'e automobile or
vehicle so towed, which lien shall be prior and superior to all other liens
of every kind and description, save and except liens for ad valorem taxes.
(p) . Traffic engineer gen erally.
The office of traffic engine er is he re by estahli she d. Too city
engineer sh,all serve as traffic engineer in add: tion to his othe r functions,
and shall exercise the powers and duties with respect to traffic as provided in
this chapter. It shall be the general duty of the traffic eng:ineer to deter-
mine the installati on and pr oper timin g and maintenance of traffic-cont rol
devices, to conduct engineering analysis of traffic accidents and to devise
remedial ]lleasures, to conduct engineering investigation of traffic conditions
and to cooperate with other city officials in the developrrent of ways and rreans
to improve traffic con di tions, an d to carry o:ut the addi tio nal powers and
duties imposed by this chapter and other ordinances of too city.
(q). Article 670ld, revised Civil Statutes of Texas an act en titled
Uniform Act Regulating Traffic on Highways is hereby adopted and IlBde a part
hereof as if fully set cut herein.
(r). Authority of officers of fire department to direct traffic.
I-
I
I
I
I
Officers of the fire departrrent, when at too scene of a fire,
may direct or assist the ci ty marshall in directing traffic thereat or in
the imnediate vicinity.
(s). Obedience to traffic officers.
No person shall wilfully fa:l or refuse to comply with any lawful
order or direction of. the city marshall or fire department official vested by
this chapter with authority to direct, control or regulate traffic.
l~b
(t). Permit for funeral processions and parades.
No funeral procession or parade containing two hundred (200) or mere
persCl1s or fifty (50) or more vehicles, excepting the forces of tffi United
States Army and Navy, the military forces of' this state, and the forces of tre
police and fire departments, shall occupy, march, or proceed alrng any street
except in accordance with a permit issued by the mayor.
(u). Identification of vehicles in funeral processions.
I
.---1
The traffic division shall designate a type of pennant or otrer
identify:i11g insignia to be displayed upon, or othe r method to be empl-oyed to
identify, the vehicles in flmeral processions, and no vehicle shall be oper-
ated in such a procession uilless it is identified in accord with such designation.
(v). Use of roller skates, coasters, etc. in readway.
No person upon roller skates or riding in or by neans of any coaster,
:toy vehicle or similar device shall go upon any roadway except while crossing
a street on a crosswalk and, when so crossing, such person 31a1l be granted all
the rights and shall be subject to all of tre duties applioable to ~destrians.
This section shall not apply upon any street set aside as a pl~ street as
authorized by this chapter.
(w). Cling:il1g to moving vehicle.
No person riding upon any motorcycle, coaster, sled, roller skates,
or any toy vehicle shall attach the same or himself to any moving vehicle upon
any roadway.
. (x) Boarding or alighting from moving vehicle.
No person shall board or aligJ:1.t from any vehicle while such vehicle
is in motion.
(y) Riding on portion of vehicle not intended for passengers.
No person shall ride on any vehicle upon any portion tre reof not
designated or intended for the use of passengers. This provision shall not
apply to an employee engaged in the necessary discharge of' a duty, or to
persons riding within truck bodies in space intended for merchandise.
(z) . Ridin g on motorcycles.
A person operatin g a motorcycle shall not ride other than upon tee
permanent and regular seat attached thereto or carry any other persCID, nor
shall any other person ride upon such motor cycle, other than upon a firmly
attached seat to the rear or side of the operator.
SECTION 3 - PEDESTRIANS - RIGHTS AND DUTIES
(a). The roadway of too public streets of this city are primarily
intended for tffi use of vehicles, rot pedestrians exercising due care shall
have the right to cross them in: safety.
(b). General - Stop Signals
At intersecting streets where traffic is directed by an official
traffic control signal, a pedestrian shall not cross the roadway against a
facing red light or the word "STOP".
,.. I
' .
."",,*
127
SECTION L - REGTTLAT10N OF VEHICULAR TRAFFIC GENERALLY
(a). State Speed Laws Applicable
The state traffic laws regulatin g the speed of vehicles shall be
applicable upon all streets TiVithin this city, except as this ordinance,o as
authorized by state laws, hereby decleares and determines upon the basis of
engineering and tra'~fic investigation that certa' n speed regulations sh'all be
applicable upon specified streets or in certain areas, in which event it shall
be prima facie unlawf!ll for any person to drive a vehicle at a speed in excess
of any speed so declared in this ordinance when signs are placed giving notice
thereof.
(b). No passing ZCIle.
The City Council of too City of Schertz are hereby authorized to
determine by resolution those portions of any highway in the city limits of
the City of Schertz where over-taking and passing or driving on the left side
of the roadway wonld be especially hazardous and may by awropriate signs or
markings on the roadway indicate the beginning and end of such zones and wre n
such signs or markings are in place and clearly visible to any ordianrily
observant person every driver of a vehicle sh all obey the directions the reof.
(c). One -way Roadways and Rotary Traffic Islan ds.
1. The City Council of the City of Schertz may designate any
highway or any separate roadway under its jurisdiction for one-way traffic
and shall erect' appropriate signs giving notice ttereof:
2. Upon a roadway designated and signposted for one-way traffic
the driver of a vehicle ahall drive only in the direction designated.
3. The driver of a vehicle passing around a rotary traffic islt:rld
shall drive only to the right of such island.
(d). Driving,in processions.
Each driver in a funeral or other procession shall drive as near
to the right-hand edge of the roadway as practical and shall follow the
vehicle ahead as close as is practical and safe.
(e). Driving between vehicles of procession.
No driver of a vehicle shall drive between the vehicles comprising
a funeral or other authorized process5,on while they are in motion and when
such vehicles are conspicuously designated as required by Section 3, para-
graph (u). This provision shall not apply at intersections vtJ.ere traffic is
controlled by traffic-control signals or traffic officers.
(f). Official signs up'on authorization by the City Council may be
erected directing slow movine; traffic to use a designated lane or designating
those lanes to be used by traffic moving in a1)articular direction regardless
of the center of the roadway and drivers of vehicles shall obey the direction
of every such sign.
SECTION 5 - RAILROADS
Obediance to Signal Indicating Ar)proach of Train---WlEnever any ~rson
driVing a vehicle a,?proaches a railroad grade crossing, the driver of such
128
vehicle shall stop within fifty feet, but not less than fifteen feet from the
nearest rail of such railroad and shall not proceed until he can do s,o safely
when:
1. A clearly visible electric or mechanical signal device gives warning C 1
of the immediate approach of a train;
2. A crossing gate is lowered, or when a human flagman gives or crn tinues
to give a signal of the approach or passage of a train;
3. A railroad engine approaching wi thin approximately fifteen hundred feet
of the highway crossing emits a signal audible from such distance and such
engine by reason of its speed or nearness to such crossing is an innnediate
hazard; "
4. An approaching train is plainly visible v~ible and is in ha,zardros
proximity tn such crossing.
5. No person shall drive any vehicle through, around or under any
crossing gate or barrier at a railroad grade crossing while such gate or
barrier is closed or is being opened or closed.
SECTION 6
TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNlNG
(a). Limitations on Turning Around
1. It shall be unlawful for tIE op3rator of any vehicle to turn
such vehicle so as to proceed in the opposite direction unless such movenent
can be made in safety and without backing or otherwise interference with otrer
traffic.
2. A complete turn shall not be made at any intersecti'on of any
two stree"ts or upon any street or alley in the City of Sd1ertz wlEre the
City Council may determine that it is unsafe to make a complete turn and
shall have caused to be posted at such place in the street or all'ey a sign
Showing that a complete turn is prohibited.
(g) . Emerging from Alley or Private Drl veway.
r~
I
t I
The operator of a ve hicle emergin g from an alley, driveway or
building shall stop such vehicle immediately prior to drivjng onto a sidewalk
or onto the sidewalk area exte'nding across any alleyway.
'.
(h). Vehicles shall Not be Driven on the Sidewalk.
The operator of a vehicle shall not drive or park said vehicle within
any sidewalk area except at a permanent or temporary driveway.
SECTION 7 - TRAFFIC-CONTROL DEVICES
(a). Installation and maintenance generally.
The traffic engineer shall place and maintain traffic-centrol
signs, signals, and devices when and as required under this chapter and
other trafficeordinances, to make effective the provisions thereof, or under
state law, or to guide or warn traffic. .
(b). Conformity with state highway departrrent requirerrents; uniformity.
All traffic-control signs, si gnals, and devices shall conform to
the manual and specifications app't'oved by the state highway department. All
signs and signals required for a particular purpose shall, so far as
2
,1'''
129
practicable, be uniform as to type and location throughout the city. All
traffic-control devices so erected and not inconsistent with the 'provisions of
state law or this chapter shall be official traffic-control devices.
(c). Obedience to devices.
The driver of any vehicle shall obey the instructions of any official
traffic-control device aDplicable thereto placed in accordance wi. th tbi s cmpter
and other traffic ordinances of this city, unless otherwise directed by a traffic
office r.
(d). Necessity for signs.
No provision of this chapter for which signs are required shall be
enforced against an alleged violator it', 8.'t the tine and place of the' alleged
violation, an official sign is not in proper position and sufficiently legitile
to be seen by an ordinarily observant person. Whenever a particular sectj on
does not state that signs are required, such section shall be effective even
though no signs are erected or in place.
(e). Designation of crosswalks an d safety zones; laning streets for
traffic.
The traffic engineer is hereby authorized:
1. To designate and naintain, by appropriate devices, rrarks or
lines upon the surface of the roadway, crosswalks at intersections wh:lre, in his
opinion, there is particular danger to pedestrians crossin g the roadway, and at
such other places as he may deem necessa~.
2. To establish safety zones of such kind and character and at such
places as he may deem necessary for the protection of the pedestrians.
3. To mark lanes for traffic on street piverrents at such places as
he may deem advisable, consistent with this chapter.
(f). Installation of traffic lights.
The traffic engineer, as authorized by the city council from time to
time, shalJ deSignate intersections at which traffic shall be coot rolled by
electric traffic-control signals or lights and shall cause such signals or lights
to be installed and maintained at such intersections.
(g). Unauthorized signs, signals, etc.
1. No person shall place, maintain, or display upon or in view of any
street or highway any anauthorized sign, signal, marking or device whic h purports
to be or is in an imitation of or resembles an official traffic-cmtrol device
or railroad sign or signal, or which attempts to direct the movement of traffic,
or which hides from view or interferes with the effectiveness of any official
traffic-control device or any railroad sign or signal, and no person shall place
or maintain, nor shall any officer of till city ];ennit upon any street or h~0'hway
any ti'raffic sign or signal bearing thereon any commercial advertisiq;. This
shall not be deelred to prohibit the erection upon privateproJ;erty adjacent to
streets of signs giving useful directional information a1d of a typ e that
cannot be mistaken for official signs.
13Ut
2. Every such prohibited sign, signal, or marking is hereby declared
to be a p~blic nuisance and the traffic engineer is hereby empowered to remove
the same or cause it to be removed without notice.
--"1
(h). Injuring~ removing, etc., official devices.
No person shall, without lawful authority, attempt to or in fact
al ter, deface, injure, knock down, or remove any official traffic-coo trol
device or any railroad sign or signal, or any inscription, shield, or .in-
signia thereon, or any other part thereof.
SECTION 8 - MISCELLANEOUS PROVISIONS
(a). Compliance with signals.
Drivers of vehicles and pedestrians shall at all t~mes comply with
the directions, or instructions, by hand, or otherwise, of any nember of a
traffic officer, as to the plaCing, stppping, starting, approaching or de-
parting from any place, and as to the manner of receivin g cr discharging
passengers, or the loading or unloading of goods, at any time or place.
(b) Acceleration of speed unlawful -
It shall ee unlawful for the driver of a vehicle to accelerate
the speed of such vehicle approaching wi. thin seven ty-five feet of any
official traffic control signal.
(c). Turning around in street -
It shall be unlawful to turn any vehicle around upon any street
unless such vehicle shall first proceed to the next intersecting street, and
shall thEm make a turn to too left reaching the center of said cross street.
(d). Backing to make. turn; loop turns -
It shall be unlawful to pack any behicle to make a turn ill a street
if by doing so it interferes with other vehicles on the street; nor shall t.le
driver of any vehicle make a loop turn around at any intersection wl'ere an
official traffic control signal is in operation.
(e). Speed limit iD.school zores _
It shall be unlawful to drive any motor vehicle faster tha.n ten
miles per hour along any street or part thereof, inclooed in any "School
Zone", on any school day and during the school hours of sue h school, or at
any tine within thirty minutes before cr after such school hours.
SECTION 9 - SPECIAL STOP SIGNS
(a). Authority to Erect stop Signs.
There may be installed at such points on streets and aven'lES in
the City 'of Schertz, as may be directed by tle City Council, appropriate
signa, notifying drivers of vehicles to come to a full stop. Such signs,
devices or marks are to bear the word "S':tOP" and to be located in such
positions and to be provided with letters of a size to be clearly legible from
a distance of at least one hundred (100) feet along tffi street upon which tm
sign is placed. All such signs shall be illuminated at night or so placed as to
be illuminated by street lights or by the madlights of awroaching motor
-:
I
_J
>c:~. ',.,. .~.
131
vehicles. i.J'b.enever any such sign has been created it shall be unlawful for the
driver or operator of any vehicle to fail to stop in obediance trereto. The
operator of any vehicle who has cane to a full stop as :required above ::hall be
subject to the usual right-of-way prescribed by law.
(b). No person shall drive any vehicle, motor vehicle, or animal onto
any of the following named streets without first bring:ing such vehic Ie ,motor
vehicle or animal to a full stop, not further than ten feet from the near curb
line of such street nearest to such driver as he a :;proacre s suc h street pre-
paratory to going upon such street.
Main Street at the intersection of Live Oak Street
Exchange Street at the :intersection of Live Oak Street
Curtiss Street at too :intersection of Live Oak Street
Randolph Street at the :intersection of Main Street
Lindberg Street at the intersection of 1~18
Oak Street at the intersection of Main Street
l-Jil1iam Street at the intersection of Main Street
SECTION 10 - YIELD RIGHT*OF~NAY SIGNS
(a). Yield right-of-way intersections.
The traffic engineer, as authorized from time to time by the City
Council, shall determine and designate intersections wh3 re Sp3 cial hazards exists
and where vehicles are reqnred to yield the right-of-way at one or more
entrances to such intersection. The traffic engireer shall erect a yield
right-of-way sign at all entrances to such designated intersections as deerred
necessary. Such signs shall bear the words "TIELD RIGHT-Oi'--WAY" and shall be
located in such positions and be provided with letters of such size as to be
clearly legible from a distance of at least one hundred (100) feet along tee
street upon which the sign is placed. All such signs shall be illiminated at
night or so placed as to be illuminated by street light s or by the re adlight s
of approaching motor vehicles.
The driver of a vehicle approaching an :in tersection with a yeild-
right-of-way sign fa'cing him shaJ 1 yield the right-of-way to other vehicles
which have entered the intersection from an other street or avenue as to cm-
stitute an immediate hazard, and shall proceed cautiously, yielc1ing to vehicles
not so obliged to stop or yield. The operator of any vehicle who has yielded
and acted as reqnired above shall be subject to the usual right-of-way
prescribed by law.
(b). Authority to Erect Signs;
There may be :installed at such point on streets and avenues in the
City of Schertz, as may be directed by the City Council, appropriate signs
notifying drivers of vehicles to yield right-of-way to traffic traveling on
the other intersecting streets. Yield right-of -way signs to be, placed as
follows:
Aviation Street at the intersection of Lindberg street
Aviation Street at the :intersection of Randolph Street
Aviation Strec;t at the intersection of Oak street
Mitchell Street at the intersection of Oak Street
Mitchell Street at the intersection of Lindberg Street
Mitchell Street at the intersection of Randolph Street
Aero Street at the intersection of Oak Street
Aero Street at the intersection of Lindberg Street
Aero Street at the intersection of Randolph Street
13~
Brooks Street at the intersection of Oak Street
Brooks Street at the intersection of Lindberg Street.
Brooks Street at the intersection of Rando Iph Street
Winburn Street at too intersection of Oak Street
Winburn &treet at too intersection of Lindberg Street
Winburn Street at the intersection of Randolph Street
Wright Street at the intersection of Oak Street
'''right street at the intersection of Lindberg Street
Wright Street at too intersection of Randolph Street
Curtiss Street at the intersection of Lindberg Street
Curtiss Street at too intersection of Randolph Street
Exchange Street at the ihtersection of 10Tilliams Street
Exchange Street at the intersection of Limberg Street
Exchange Street at the intersection of Randolph Street
r-~
I
l~
SECTI ON 11 - SPEED
(a). It shall be unlawful for any person to operate any automobile,
motor vehicle or other vehicle at a greater rate of speed than twenty
miles per hour upon the following streets:
Aviation Street
Mi tchell Street
Aero Street
Brooks Street
Winburn Street
Wright Street
Curtiss Street
Exchange Street
(b). It shall be unlawful to drive any automobile, motor vehicle,
or other vehicle at a greater rate of speed than thirty miles ~r hour
on the following streets:
Oak Street
Lindberg Street
Randolph Street
Main Stree t
Live Oak Road
First Street
SECTION 12 - MISCEIL.M'ffiOUS TRAFFIC SIGNS
There shall be a Sign erected twenty feet east of First Street on
Zuehl Road indicating that Zuehl Road is a dead end Street and ends at
Second Street.
SECTION 13 - PARKING REGULATIONS
(a). Parallel Parking.
It shall be unlawful to park any character of vehicle upon any
street, except as provided in this ordinance, in an other TIBl1ner than that
the said vehicle shall be parallel with the street upon which it is parked
and upon the right side thereof, determined by the way said vehicle is
headed, and parked so that the wteels on the right hand side of said vehicle
shall be within eighteen (18) inches of the curb or edge of the roadway.
~
,_J
. ~ ",j .
133
(b). Angle Parking.
It shall be lawful to park vehicles at an angle not greater than
4~ degrees to the line of traffic at such places in the City of Schertz as
the City Council shall be resolution determine that angle parking shall be I)
permitted and shall cause the same to be marked or signed; and in all places
where sidewalks have been set back and provisions made for parking vehicles
across or inside of the usual curb line on any street in the City of Schertz.
In leaving said angle parking space cars shall not be backed into the traffic
lane any further than necessary to get straightened out and faced in the proper
direction for traffic between said space and center of the street.
(c). No person shall allow, suffer or permit any vehicle registered in
his name to stand or be parked in any street in the City of Schertz in violation
of any of the ordinances of this City regulating the standing or parking of vehicles.
(d). Restricted Parking.
No person shall stop, stand or park a vehicle except when necessary
to avoid conflict with anotoor traffic or in compliance with law or directions
of a traffic officer or traffic-control device, in any of the following places:
1. On a sidewalk;
2. In front of a public or private driveway;
3. Tdithin aD intersection;
4. Within fifteen (Ie;) feet of a fire hydrant;
C;. On a crosswalk;
6. vJithin twenty (20) feet of a crosswalk ,at an intersection;
7. Within thirty (30) feet upon the approach to any flashing
beacon, stop sign, or traffic-cootrol signal located at the side of the roadway;
8. Between a safety zone and the adjacent curb or within Jthirty
(0) feet of points on too cure immediately opposite tre ends of a safety zone,
unless the traffic authority indicates a different length by signs or markings;
9. Within fifty (tJO) feet of the nearest rail of a railJ:oad crossing;
10. Within twenty (20) feet of the driveway entrance to any fire
station and on the side of a street opposite the entrance to any fire station
within seventy-five (71)) feet of the said entrance (whe n properly signpostedh
11. Alongside or oPPosi. te any street excavation or obstruction when
stopping, standing, or parking would obstruct traffic;
12. On the roadway side of any vehicle stopped or parked at the
edge or curb of a street;
13. Upon any bridge or other elevated structure upon ,a highway or
within a highway tunnel;
14. At any place where official signs prohibit stopping;
11). In any alley.
(e). Permit for backing to curb for loading or unload~Lng.
The traffic engineer is authorized to issue spe cia I ~ rmits to
permit the backing of a vehicle to the curb for the purpose of loading or
unloading l'OOrchandise or materials subject to the terms and conditions of SlX h
permit. Such permits may be issued either to the owner orlessee of real property
or to the amer of the vehicle and shall grant to such person the privilege
as therein stated and authorized herein, and it shall be unlawful for any per-
mittee or other person to violate any of the special terms or coodi tions of
any such pennit.
(f). Designation and marking of areas where parking is prohibited or
limited.
134
Whenever authorized by the city council $0 to do, tte traffic engineer
shall designate streets and alleys, or parts trereof, on or in which the
parking of vehicles is prohibited or limitation 'shall apply at all times or only
between certain hours or on certain days, as prescribed by the city coUncil.
Whenever such designation is made, as authorized by the coonci1, the traffic i-I
engineer shall erect appropriate signs or other markings giveing notice I '
thereof and no such regulations shall be effective unless the signs or l.--J
markings are erected and in place at the tinJa of any alleged offense.
(g). Parking in prohibited areas; overtime parking.
It shall be unlawful for any pe rson to park any vehicle in any
space or area where parking is prohibited in accord with Section (f), or to
permit any vehicle owned or operated by him to be parked or to remain in any
space or area for a longer pe tiod of tine than that designated by the lIBrkings
or signs erected in accord with section (r).
(h). Parking for certain purposes prohibited.
No person shall park a vehicle upon any roadway for t l-e principal
purpose of:
(1) Displaying such vehicle for sale.
(2) Washing, greasing, or repairing such vehicle, except
repairs necessitated by an em3rgency.
(i). Parked vehicles to leave at least ten feet of roadway available
for traffic.
No person shall park any vehicle upon a street or in an alley in
such a manner or under such cooditions as to leave available less than ten -I
(10) feet of the width of the raodway for tl13 free movement of ve hicular traffic. I
_--1
(j). Parking near scene of fire.
No person shall park any vehicle, other than ale on official
business, within any block where any fire apparatus has stopped in answer to
a fire alarm.
(k). Impoundl'l'ent of standing or parked vehicles.
1. Members of the police departl'l'ent are hereby authorized to re-
move a vehicle from a street or highway to the nearest garage or other place
of safety, or to a garage designated or maintained by the traffic departnent,
or otherwise maintained by the city, under the circumstances hereinafter
enumerated.
a.. When any vehicle is left tmattended upon any bridge, -viaduct
or causeway, or in any tube or tunnel where sue h behic1e
constitutes an obstruction to traffic.
b. When a vehicle upon a street or hip;hway is so disabled as to
constitute an obstruction to traffic and the !Brson in charge
~ the vehicle is, by reason of physical injury, incapacitated
to such an extent as to be unable to provide for its custoo.y
or removal.
c. l(then a vehicle is left unattended upon a street and is so
parked illegally as to con stitute a definite hazard or ob-
struction to the normal movement of traffic.
2. Whenever an officer removes a vehicle from.a street as
authorized in this section and the officer knows or is able to ascertain
from the registration records in the Vehicle the name and address of the
'l'"
.
135
thereof, such officer shall immediately give or cause to be given notice
iI1 writing to such owner of the fact of such removal and the reasons thereof
and of the place to which such vehicle has been removed. In the event any
such vehicle is stored in a public garage, a copy of such notice shall be
given to the proprietor of such garage.
..,. 3. Whenever an officer removes a vehicle from a street under
this section and does not know and is not able to ascertain the name of the
owner or for any other reason is unable to give the notice to the owner as
hereinbefore prOVided, and in the event the vehicle is not returned to tre
owner"within a period of three (3) days, then and in tffi t event the officer
shall immediately send or cause to be sent l<1ritten report of soc h removal by
mail to the state departrrent whose duty it is to register motor vehicles"
and shall file a copy of such notice wit h the proprietor of any public
garage iI1 which the vehicle may be sotred. Such notice shall :incl ude a
complete description of the vehicle, the date, time, and place from which
removed, the reason of such removal, and the name of tte garai"'e or place
T,rhare the vehicle is stored.
4. The owner of a vehicle impounded under this section, or hi3
duly authorized agent, shall be entitled to the possession thereof upon
payment to the city of the sum of two dollars ($2.00) togethe r witfu all costs
of removal and storage that may acfrued thereon.
'5. The remedy and impounding fee and costs provided in thi s
section shall be cumulative of any and all other penalties pr ov:ided for any
violation of this chapter.
SECTION 14 - ORDINANCE CUMULATIVE, ETC.
This ordinance shallbe and is lEreby declared to be cumulative a1 all
other ordinances of the City of Schertz affectiI1g traffic and shall not
operate to repeal any such ordinance or ordinances, except insofar as the
provisions of any such ord-ir,acne or ordinances are inconsistent or in con-
flict with the provisions of this ordinance, in which instance or instances"
those provisions shall be and are hereby repealed.
SECTION 11) - INVALIDITY
In any section or prOV1.Sl0n or part thereof" in this ordinance shall
be adjudged invalid or unconstitutional by any court of comnetent jurisdiction,
such adjudication shall not affect tile validity of lliis'ordinance as a i,mole
or any section or provision thereof not adjudged invalid or unconstitutional.
Passed and approved this
3rd
day of
Fe brua ry
, 1966.
Attest:
lkidj~ko~
~~
City'Attorney Louis F. Saegert read proposed Ordinances No. 137 re-
pealing Ordinance No. 1)0 Re: Court costs on casesJ and Ord:in ance No. 138
repealing Ordinance No.8, Re: Corporation @odrt ~urisdiction. Motion by
Mr. Koym, sec-onded by Mr. Koch, Ord:i.nances No. 137 be passed anc'l approved
Motion carried. Motion by Mr. Marx, seconded by Mr. Koch, Ordinance No.
138 be passed and approved. Motion carried.
C (,. ~!/'
1;3J
Jf .,
(,~,()~q
I ?O
:HI -;f; C6
136
ORDINANCE NO. 137
AN ORDINANCE REPEALING ORDINANCE NO. 50 OF THE CITY OF SCHERTZ, TEXAS.
WHEREAS, the statutes of the State of Texas provide that no costs shall
be collected in connection with the prosecution of criminal cases in tl'E
Corporation Courts of the cities of the State of Texas except certain .special
fees therein provided:
Now therefore, be it otdained by the City 60uncil of tre City of Scrertz,
Texas:
1. That Ordinance No. 1)0 of the City of Schertz, Texas is hereby repealed..
2. When a defendant is convicted of a misdeneanor in the corporation
court of too city and his punishnent is assessed at a pecuniary fine, if he is
unable to pay the fine adjudged aga:inst him, he shall be imprisoned in jail for
a sufficient length of tine to discharge the full amount of fine adjudged
against him, rating such imprisonnent at five dollars for each day the reof.
3. The recorder of too corporation court of the City of Sclertz, Texas
is hereby authorized to assess, levy, and collect in the amount .provided by
law, those costs and special expenses dealing with the requisition of a
personal bond and a special expense for the issuance and service of a warrant
of arrest aft;er due riotice, not to exceed $7.50. Such special expenses and
costs shall be paid into the Municipal treasury for the use' and benefit rf tre
City of Schertz, Texas.
4. All fines collected by or paid into the corporation court of the City
of Schertz, Texas shall be paid into the Municipal treasUI"Y' for the benefit of
the City of Schertz, Texasl
PASSED AND APPROVED this the 3rd day of February, 1966.
r- --.,
ATTEST: ) (I
(1,#, P~heRJ
Gii.'i'secreta~' / .
--'
ORDINANCE NO. 138
BE IT ORDAINED BY THE CI TY COUNCIL OF THE CI TY OF SCHERTZ, TEX~:
1. The Corporation Court of tre City of SclE rtz shall have juricliction
of all v.iolations of th3 ordinances of this City n<M in force or hereafter to
be passed, and shall also have jurisdiction concurrently with any justice rf
the peace in Justice Precinct No.2 of Guadalupe County, Texas, in all-criminal
cases arising under the criminal laws of this state in which the punishment is
by fine only, and where tre maximum of such fine may not exceed Two Hundred
Dollars and arising within the territorial limits of this City; ani said Crort
shall be open at all tines except Sundays, for the transaction of business.
2. Whenever the title City Clerk is used herein, it shall include the
City Secretary and whenever the title City Secretary is used rerein it shall
indlude the City Clerk.
3. All ,prosecutions in tre Corporation Court shall be by complaint
in wri tirlg, duly sworn to qy some creditable person before the M~or or
aome officer duJ,y authorized by law to administer oatlY:i.
4. All Persons convicted ,of any offense and punished by fine shall Qe
committed into the hands Of the City Marshall U!}til the f:ine i~ paid, or
until such fine has been discharge.d in a manner provided by tre laws of tre
S ta te of Texas
~j
; ,I
137
5. All fines collected in criminal cases filed in the corporation
court shall go into the general fund of the City of Scrnrtz, out of which
shall be paid to the officers of the court snch compensation as they may be
entitled to by law or ord'nance.
6. All ordjnances or parts or ordinances in conflict herewith are
repealed.
PJ\SSE:Q AND APPROVED this the 3rd day of Februar;}r, 1966.
ATTEST:
C?AIJ1jJ. ~
~
JL1L[)A~ lit ~()f
City Secretary-
Proposed Ordinance ,on Fees for City Attorney on coort cases tabled.
The following bills were approved for pg,yment:
Joe. Waltisperger $73.7~
Texas Municipal League
Membership $l4~.oo
Motion to adjourn by Mr. Koym, seconded by Mr. Koch. Motion carried.
ATTEST:
C;?~~~~J
MaYQ~ .
)J.J1Pj 4rJrJ ()
CitySecret~ ~
Regular meeting of the Schertz City Council held at trn City Hall in
Schertz, Texas on the 17th day of February-, 1966.
Mayor Roy W. Richard called the neeting to order with too following
named Aldermen present: Edgar T. Marx, Mallord C. Koch, Raymond G. Koym,
Samuel R. Perryman and Ottomar A. Schertz.
Also p.resent Mr. Charles C. Cross, Walter A. Scmrtz and Ruseell G.
Rmle,ll.
Mr. Cross presented drawings of tte water and sewer mains to be coo structed
to accomodate the proposed new' High School. After due cons ideration and dis - 1_,- 010
cussion of the project and on a mati on by Mr. Perryman, seconded by Mr. Marx, td"fP,
advertise for bids on construction of water main extensjons and interceptor 1~7
Sanitary Selo1er irnproverrents to appear in the Valley NeH's FebrU9. ry 23, 1966.
NOTICE TO BIDDERS
Advertisement for Bids for tffi Construction o:f \Tater Main E:xtentions and
Interceptor Sanitary Sewer for the City of Schertz, Texas.
The City of Schertz, Texas will receive sealed bids until 8:00 P.M.
O'ClOCk, Central Standard Time 17 March 1966 at tlE office of
the City Secretary, at which timebbids will be publicly opened and read aloud,
13M
~\
y.~~
\ ').
v..o~
\'b I\t\
... . ()
"\\.CJ
~(o
\t~.~~,
\,~ .tl~"
\0
_.1')
lt~ ,ll\
\ ,%
for furnishing all labor and materials and doing all too work in connection
with the censtruction of water main extensions and an interceptor sanitary
sewer.
Copies of tlB Plans and Specificatiens may be examined without charge .in the
office of the City Secretary, Schertz, Texas or in the office of Ch~les C.
Cross, Consulting Engineer, 8701 Broadway, San AntCflio, Texas, or will be
forwarded by the -Engineer upon pa)llIcut of reproduction costs ($10.00).
Bids must be submitted on the proposal form furnished by tiE Engi.re ere Each
bid shall be accompanied by proposal guaranty in the amount of five p:lr cent
(5~) of too total price bid. Any bid received after clOSing time will be
returned unopened.
The Owner reserves the right to reject any or all bids, to waive cny in-
formality or technicality in the proposals, and to award the contract in what
it deems its best interests.
This.
17th
February
1966.
day of
G. i-T._Pickrell
City Secretary-
~
A motion was made by Mr. Perryman, secCflded by Mr. Koch to appoint
Mr.. James V. Dunham.as a nember of the PlarmingCommission as a replacenent
for Mr. Mack Kardys who has rooved away from Schertz. Motion carried.
Letter from Mr. R. O. Lytton, state Highway Depirtnent. TOOy received
the Resolution relative to F.M. 78 problem in this area.
j Letter from Mr. Westennan figures comple te on Electric sys tem.
Letter from State Health f'epirtment re: Inspection made by Mr. N. W.
Classen. Water System complying with all mandatory items.
In response to lett.ers sent out with petition in regards to the Cibolo
Creek Pollution, answers have been received with promise of correctin g tile
Waste Disposal System being used. Letters came from U.S. Senator Ralph
Yarborough, State Senator Culp Krueger and D.F. Smallhorst of Texas Water
Pollution Central Board. .
Telegram of approval of a workable program for Comnnmit.y Improvenent
which originated at Departnent of Hrosing and Urban Devaloprrent came thru
Senator Ralph Yarborough.
Letter from Congressman John Young ala 0 on Urban Develvt-'u.cut.
Motion to adjourn by Mr. Koch, seconded by Mr. Koym. Motion Carried.
ATTEST:
~. ~.J
/0(-. ~oo
Ci ty Secretary -
~I
1.39
Regular meeting' of the Schertz City Qounci1 held at He City Hall in Scmrtz
Texas on "the 3rd day of March, 1966. ' .
Mayor Roy W. Richard called the meeting to order with the following narred
Aldenren present: Mr. RaymondG. Koym, Malford C. Koch, ottomar A. Schertz, and
Edgar T~ Marx. Absent: Samuel R. Perryman.
Minui;e~ of Febru.q.ry 3 and February 17, 1966 were read and approved on a
motion by ,~1r. Koch, seconded by Mr. Koym and carri,ed. ~ 1f6
Let~r. from Mr. Floyd Westerman advising the City ~o notif'y GVEC not to (,t~. I t..t:>
spend any unnecessary funds on their planning of improverrents as the City intend s
to purchase this system. ,
Copy of letter from state Senator Culp Krueger to State Health Departmant ~hlbl4q
requesting a report every two weeks on the Cibolo Creek problem. I:;
Letter to Mayor Richard from Representative John Young - he is urging /
Department of Housing & Urban Deve10pnent to expedite action on Buffalo Valley ~I"D-:.:Q
Project. . J I e
\ Prepare letter to Judge Glenewinkle with copies to Mr. Stotzer and Mr. ?,,~!!JI
Aubel on roads. 1~'1
Zoning .Ordinance No. 139 discussed ,and after thorough consideration on a "
motion by Mr. Koym seconded by Mr. Koch the Ordinance be accepted and notice of t~. tJ~J
f Public Hearing to be held at the City Hall at 8:00 P.M. on March 24, 1966 b!:J tS'J
published in paper March 9, 1966. Motion unanimously carried.
Propqsed Subdivision Ordinance No. 140 read and discussed. A motion by
Mr. Schertz, seconded by Mr. Koch, Ordinance be passed and approved. Motion
unanimously carried.
..
~1o,0 ~;
/0"/
~ J tfD
SUBDIVISION ORDINANCE NO. 140
CITY OF SCHERTZ, TEXAS
CONTENTS PAGE
PART I GENERAL PROVISIONS
SECTION 1
2
3
4
~
6
7
8
9
10
11
12
S horl Ti tIe . . . . . . . . . . . . . . . . . . 1
Jurisdicti on. . . . . . . . .. . . . . . . . . 1
Interpretation and Purpose. . . . . . . . . . . . . . 1
Adoption of legislature Grant of POv.rer. . . . . . . 1
Definitions . . . . . . . . . . . . . . . . . . .. 2
Rules and Reg111ations of The City Planning Commission . . 3
Appeal From Commission Action . . . . . . . . . . . . . . 3
Enforcement . . . . . . . . . . . . . . . . . . . . 3
Severability Clause . . . . . . . . . . . . . . . . . . . 3
Variance ........... . . . . . . . . . . . . 3
Guarantee of Perfar'mance. . . . . . . . . . 4
Dedication and Maintenarx::e of Streets . . . . . . .. c;
PART II PROCEDURE
SECTION 13
14
15
PART III
SECTION 16
17
18
19
20
Pre-Application Conference .... . . . . . . . . . c;
Preliminary Plat. . . . . . . . . . . . . . . . . . . .. t)
Final Plat. . . . . . . . . . . . . . . . . . . . a . a.. 7
DESIGN STANDARDS
General Design Principles and Objectives. . . . . . . . . 10
Streets . ... . . a . . . . . . . . . . . . . . . . 10
Alleys. . . . . . . . . . . . . . . . . . 12
Easeme nts . . . . . . . . . . . . . . . . . . . . . . 13
Pedestrian Circulation.. . . . . . . . . . . . . . 13
14U
21
22
23
24
Blocks. . . . . . . . . . . . . . .
. . 13
14
16
16
. .
. . .
. . .
. . .
Lots ............................
Public Sites and Open Spaces. . . . . . . . . . . . . . . . .
Protection of Natural ~eatures. . . . . . . . . . . . . . . .
PART IV REQUIRED IMPROVEMENTS
I
SECTION 25
26
27
28
29
MonU1'Df3'nts . . . . . . . . . . . . . . . . . . . . . . . . .. 16
Street Improvements . . . . . . . . . . . . . . . . . . . . . 16
Water Systems . . . . . . . . . . . . . . . . . . . . . . .. 17
Sewerage Systems ..... . . . . . . . . . . . . . 18
Drainage .......................... 18
EXHIBITS AND TABLES
Exhibi t "A" Specifications and Design Standards for
Public 1.Torks Improvements ........ . . .
Exhibit -liB" Aclrnowledgements and Certificates. . . . . . . .
Table 1
2
3
SECTION 30
S!X::TION 31
......
-19
20
. . . .
Curb and Intersection Returns . . . . . . . .
Street Grades and Horizontal Curve Radii. .
Street Base and-Surface Standards. . . . . .
.. 24
2~
26
. . . .
. .
. .
. . .
.....
V alidi ty . . . . . . . . . . . . . . .. .
.. 29
. . . . . . . .
Ordinances. . . .
. . 29
. . ,; .
. .
. .
. . .
. .
. .
. . .
. .
. . .
.....
. . .
.....
. . 29
SECTION 32 Emergency Clause.
. . . .
AN ORDINANCE
ADOPTING ARTFLES 970a, REVISED CIVIL STATUTES
OF TEXAS: REGULATING THE SUBDIVISION OF LAND SITUATED
WITIDN THE CORPORATE LIMITS OF THE CI'lY OF SCHERTZ OR
1.vITHIN 5 r-ULES TMMOF: ESTABLISHING SUBDIVISION DE-
SIGN STANDA.1lDS: PROVIDING IMPROVEMENTS TO BE MADE OR
GUARANTEED TO BE MADE BY THE SUBDIVIDER AND PRESCRIB~
ING THE SPECIFICATIONS OF snCH IMPROVID-EN'I'S: REQUIR-
ING AND REGTTLATJNG THE PREPARATION AND PRESENTATION
OF PLATS TO THE CITY PLANNING COMMISSION AND SETTING
FORTH THE PROulSJJuRES TO BE FOLLOWED BY THE CITY PLAN-
NING COMHISSION IN APPLYING TFESE RULES, REGTJnATIONS
AND STANDA.ltD3 IN ORDER TO PROCURE THEIR APPROV At J
PROVIDING A SAVING CLAUSE AND DECLARJNG AN EMERGENCY.
~:l<IOH{'
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
PART I - GENERAL PROVISIONS
SECTION 1. Short Title. This Ordinance shall be known as tha"Sub-
division Ordinance" of' the City of Schertz, Texas.
SECTION 2. Jurisdiction. No person shall create a subdivision of
land within the corporate limits of the City of Schartz or within
five (5) miles thereof, without complying with the provisions o:f
this ordinance. All plats and su~ivisions of any &uch land shall
conform to the rules and regulations herein set forth.
I
141
SECTION 3. Interpretation and Purpose. In their interpretation and
application, the proyisjons of this Ordinance shall be deemed to be
minimal in nature, and i-lhenever tre principles, standards or require-
ments of any other applicable provision of other ordinances of the
City of Schertz which are higher or more restrictive, the latter shall
control. The purpose of thi$ Ordinance is to achieve orderly urban
development through land subdivision; to promote and develop the
utilization of land to assure the best possible community environment
in accordance 'hrith the cMaster Plan of the City of Schertz; to provide
for adeqvate municipal services and safe streets; and to protect and
promote the he al th, safety and general welfare.
SECTION l~. Adoption of Legislature Grant of Power. This Ordinance
is adopted under the authority of the constitution and laws of the
State of Texas, including particularly Chapters 231, Acts of the
40th Legislature, Reg'1lar Session, 1927 as he retofore or hereafter
amended (compiled as Article 974a, V.T.C.S.) and tre provislons of
Section 4 of the Municipal Annexat3_on Act as heretofore or hereafter
amended (compliled as Article 970a, V .T.r.S.), and this ordinance shall
apply to all territory whether within or without such limits of tre
City as provided by Article 970a V.T.e.S. over Hhich the City oi'Scrertz
has extra territorial jurisdiction under the provis;ons of such act.
SECTION 5. Definitions.
For the purposes of this Ordinance, the folloong terms, phrases,
words and. the ir derivations shall have the mean in~ given in this Section.
When not incon sisten t wi tr the context, words used in the present tense
include the future; i.ords used in the singular number include the plural
munber; and words used in the plural number include the sing ular nunber.
The word "Shall" is always mandatory, whi Ie the word "may" is merely
directory.
~-l Building Line means a line beyond which building s must be
set back from the street line.
~-2 Council means tre B'overninp; body as contrasted with the
City Planning Commission of' the City of Schertz.
C;-3 Major Street TJeans a principal traffic artery, more or less
continuous across the City, which is intended to connect remote parts of
the City or areas adjacent thereto, and act as a principal connection
street with state and federal higm..rays, and shall include eac:-> street
designated as a thoroughfare on the Major Street Pla.n, including all
existing and proposed major streets shown on the Major Street Plans
adopted by the City Council.
t:;-4 Collector Street mean s a street collecting traffic from
other streets and serving as too most direct route to a thoroughfare,
including all existing and proposed major streets sho"m on the Major
Street Plan as adopterl. by the City C01illcil..
I)-I) Local Street rre an s a street which is inten ded pr imarily
to serve traffic within a neighborhood or limited residential district,
and which is not necessarily continuous throu~h several residential
districts.
j-6 Industrial Street means a street intended primarily to
serve traffic wi thin an area of in dustrial devel opmen t or proposed
industrial development.
141~
5-7 Comprehensive Master Plan -neans the comprehensive plan of
the City of Schertz, and includes any unit or part of such plan separately
adopted and any arrend.rrEnts to such plan or parts there of.
5-8 Plan neans too nap, drawing or cl-1.arl on which a subdivider's
plan of a subdivision is presented, which he.- subtid.ts for app roval and a
copy of which he intends to record in final form.
-1
i
t)-9 Street -.Jidth means the shortest horizontal distance between
the lines which delineate the right-of-way of a street.
1)-10 Subdivision me~s too division of any laq tract or parcel
of land into two or more lots or sites for tre purpose, whet1"er imrrediate
or future, of sale or of building developnent. It also includes resub-
division of land or lots. Division of land in parcels of three (3) or more
acres each shall not be included in this definiti on of subdivision,
unless any such division of three (3) or more acres includes the
planning or developnent of a new street or access easerrent.
5-11 Urban Subdivision IIBans (a) a subdivision within the City
limits, (b) a subdivision which is within two (2) miles of the City, and
is accessible to the City by public road.
5-12 Suburban Subdivision neans and includes all subdivisions
situated within 1"i.l"e t Lj) miles of the City limits whiah are not Urban
Subdivisions as herein defined.
SECTION 6:
Rules and Regulations of The City Planning Commission.
The City Planning Commission may adopt rules of procedure to
govern its actions. After public h3ating thereon, th3 City Planning
Commission may adopt rules and rer;ulations governing plats and sub-
divisions. Such rules shall be consis tent with the provisions of this
Ordinance and shall become effective upon be:ing filed with the City
Secretary.
SECTION 7:
Appeal From Commission Action.
Any subdivider aggrieved by a f:inding or action cf the City
Planning Cormnission which is lawfully subject to review by tre City
Council shall appeal to the City Council within thirty (30) days
from the date of such finding or action, and not thereafter. Nothing
in this Section shall prevent a right of review by a court of competent
jurisdiction.
SECTION 8:
Enforcement.
In addition to any other remedy provided by law, the City and
its officers shall have the right to enjoin <my.violation of this Or-
dinance by injunction issued by a court of competent jurisdiction.
SECTION 9:
Severability Clause.-
If any proviSion of thisOrdinance, or the application th3reof
to any person or circumstances, is rn ld invalid, the remainder of the
Ordinance, and the application of such provisiCll to other persCl'l s or
circumstances shall not be affected thereby.
:I
143
SECTION 10:
Variance.
Ttlhere literal enforcement of a provision of th is Ordinance will
render subdivision oj; a tract of land impractical, and will result in
the confiscation of property, the City Planning Commission shall have
authority to grant a variance from such provision.
SECTION 11:
Guarantee of Performance.
11-1 Public "\r1orks Improvements. No plat of any subdivision Slall
receive final approval uless the subdivider has complied or provid ed for
compliance with the policies and procedures set forth in Exhibit A, ttSpeci._
ficat ons and Design Standards for Public 1'Torks Improvemmts, tt whi ch is
attached hereto and made a part hereof. Until such policies and procedJ.res
have been complied with by too subdivider and the plat di...lt-'~ oved by the
City Planning Commission as herein reqnired, no buildinp;, water sewer,
plumbing or electrical pe rmi t shall be issued by tre city as to any
property in the subdivisi on.
11-2 Performance Bond. Prior to t.he approval of' tre subdivision
plat the subdivider must file "rith the Mayor a bond executed by a surety
company holding a license to do busilsess in the state of Texas in an annunt
equal to the cost of improverrents guaranteeing to the city tba t suc h iJR-
proverents shall be constructed and completed in a sati sfactory manner
and within a period specified, but such per~ od shall not exceed two years.
3aid bond shall be approved by tre City At torne y and shall be TTB de payable
to and enforceable by the City of Schertz. Upon substantial compliance
and approval of all improverents as viewed by the City Engine er, th8 bond
may be released in writing by the Mayor and may be returned to the developer.
11-3 Ttlhere Bond Not Prerequisite to Approval. The filling of a
performance bond shall not be a condi t,.: on precedent to too appr oval of a
plat where the subdivider, prior to the last regular IlPeting of the City
Planning Commission before the expiration of thirty (30) days from the
date the plat was filed for approval, has signed and filed with the City
I!'lanning Commission an instrument in substantially the following farm.
I, do OOreby agree
that, if the proposed plat 01" ~name of sub-
division), filed by re for approval on the ,day of , 19 ,is
approved by the City Planning Commission of the (;ity of Schertz, Texas,
the City Secretary of said City may reta.in said plat in his possession,
without recordi.ng same, until I have either constructed all site improve-
ments required under too provisions of till City of Schertz Subdivision
Ordinance, other than gas and electric lines, or have filed with too City
a bond in an amount equal to the cost cff' all such uncompleted improveIlPnts,
as estimated by the City Engineer, guaranteeing that all suc h uncomp1e ted
improverents will be crnstructed ",1ithin two (2) years from the date of such
bond. Said bond shall comply wi tll the requirem:mts of Section 8. (b),
insofar as such requirerents are applicable.
EXECUTED thi s
day of
, 19
.
11-4: Serving Subdivisions With Utilities.
Unless and until a plat of an urban subdivision has been approved,
and the subdivider has coostructed the streets, curbs, gutters, p9.ving,
utilities and drainage facilities tOOrein, in tl'E manner provided for in
this Ordinance, it shall be unlawful for any official of too City of Schertz
to serve or connect any public utilities owned, controlled, cr distributed
144
by the City of Schertz to any land, or any part the reof, covered by said
plat, or to the owners or purchasers of said land, or any part thereof.
SECTIon 12:
Dedication and Maintenance of Streets.
Disapproval of: a plat by the City Planning CVlIJill.~ssion shall be
deemed a refusal by the City of Schertz to accept the offered dedications
shown thereon~ Approval of a plqt shall not be deerred an acceptance of
the proposed dedications and shall not impose any duty upon the City con-
cerning the maintenance of or improvene nts of any suc h dotli.e~ted parts
until the proper authorities of the City have actually appropriated tte
same by entry, use or iTTlProvenent. It shall be unlawful for any officer
or employee of the City ,:,to enter upon or maintain the streets in an urban
subdivision and the City will not .accept or maintain said streets, unless
and until such streets have been surfaced, curbed and guttered, and tm
reqllired utilities and drainage facilities have been installed, and such
improverrents have been accepted by the City, with such acceptance evidenced.
in writing by written certificate of the City Engineer.
P~'tT II '9 PROCEOORE
SECTION 13:
Pre-Application Conference.
Prior to the prep~i~irot the preliminary plat, the subdivider
may seek the advice of the " .. _ ln interpreting the regulations.
This steJCod~s not require formal appli'a;1f~B~!litlle, or filing of any plat
with the \ ~mlS~};m At such a neeting the 0 . . "'_ will be able to make
any suggestions that would direct tffi proposed subdivision toward desirable
objectives and possibly prevent unnecessary work and expense if objectives
are not met.
SECTION 14:
Preliminary Plat.
n
L-J
14-1 General. In order to secure the review and a;:);)roval of a
proposed subdivision by the City Planning COOlmission the prospective sub-
div.ider shall, prior to making any street improvenents or installation of
utilities, submit to the City Planning Commission a preliminary (Plat)plan.
On approval of said preliminary (plat) plan the subdivider may proceed with
the preparation of a final plat and such other plans and docunents as re-
quired by this Ordinance.
14-2 Filing Prodedure. All plans submi. tted for action by the City
Planning Commission shall be 1'i.Led with tre City Secretary not less than
five (r;) days prior to the next TlJ3eting of the City Planniqs Commission
at which it is to be considered. A certificate of f-il ing shall be JlBin-
tained by the City Secretary and a copy of such certificate shall be given
to the party filing the plan. The preliminary plan shall be accompanied
by a filing fee of Twenty-Five ($21).00) Donars plus an addi t' anal fee of
Ten ($10.00) Dollars per acre, or fraction thereof, for the first five (~)
acres, and one ($1.00) per ac-re or fraction thereof, for the next 9~ acres,
and ten cents (10;-' per acre for all addi t. anal acreage of . the land hemg
.subdivided. Such plan shall be delivered to the City Engineer, who shall
cause the same to be checked and verified, prepare a report to the City
Planning Cv.......:ssion .setting forth his findings, and file such report to-
gether with the plan with the City Planning Commission at its next regular
meeting.
,.-..,
LJ
14-3 Master Preliminarr Plat or Larger Tract. Wh3re too proposed
subdivision constitutes a unit of a larger tract owned by tre subdivider
which he intends to be subsequently subdivided as addit:_onal units of the
.._~I .
145
-.,
same subdivision, the subdivision plat shall be accompanied by a layout of
the entire area, showinf: the tentative layout of streets, blocks and drain-
age for such area. The overall layout, if approved by too City Planning
Commission shall be attached to and filed with a copy of the app roved sub-
division plat in the permanent files of too City. Tooreafter, fractional
final plats of subsequent units of such subdivisi~n may be submitted with-
out additional preliminary plat arproval, and shall cmform to such anproved
overall layout, unless changed qy the City Planning Commission.
lL-L ~pecifications. A preliminary plan of any .proposed subdivision
shall consist of a drawing on tracing paper drawn to a scale of 100 feet to
one (1) inch, and shall show the following information:
A. The date, scale, and north point; a Irey plan showing
location of the tract; the title under ,,nich tl'E pIa t
is to be recorded, and too names of the owner and
engineer or surveyor.
B. The existing boundary lines and acreage of the land to
be subdivided, and the y)roperty line s and names of
01vners of adjacent pr operties.
C. The location of the center 1 ine of existinp; "rater
courses, railroads and othe r similar drainage and
transportat. on features, and the location and siz es
of existjng str0ets, alleys, easel1l3nts, lot s. and
public areas on or adjoining any part of tll::l land.
D. Topographical informatjon apprnxinBtely eqiivalent to
five (C;) foot contour lines. Such contcur lines to
be not more than 100 horizontal feet apart, and based
on City standard datum, or U.S. G..3. datum, which shall
be specifie d on the plat.
E. Tffi location, size and flow line of all existing drainage
structures on the land being subdivided and on adjoining
tracts.
F. The naTlE s, locations widths and d:' lTBn sj ons of propose d
streets, alleys, easel'lEnts, parks and other public
spaces, sites for all private uses other than single
family dwellings, lot lines and building lines.
lL-~ Processing of Preliminary Plat. Th3 City Engine er shall
check the preliminary plat as to its conformity to the major street
plan and other elel'lEnts of too Comprehensive Plan. Copies of ,too plat
shall be' submitted to all agencies who are :involved wHh providing
public service, drainage or provislons effectmg the developrent of the
tract or public safety. Each agency shall be instructed regar.ding the
filing date of the piLat and its review schedule.
1 Too City Planning Commission shall approve or disapprove
any preliminary plan within thrity (30) day.s from the date it is filed.
Approval of the preliminary plan as sllch shall not cnnstitute final
acceptance or approval of th3 subdiviSion. Hhen a preliminary plat
has been approved by the Commission, the final plat, as deimed in
Section l~, shall be submitted idthin six months Hereafter; otherwise,
approval of the preliminary plan shall terminate unless the time for
filmE of the plan is extended by thE: C . ,~~ at too reque st of too
bd' . d ommlS::;.L on
su lVJ.. er.
14b
SECTION 15:
Final Plat
15-1 Filing Procedure. Upon approval of the preliminary plat as
herein set forth or if the preliminary plat meets the requirement s herein
set forth for a final plat, the City Planni~ Commission may, on reqU3 st
of the subdivider, consider such preliminary plat as a final plat and
approve or disapprove the same as such, provided such action is tale n
wi thin thirty (30) days from the date of its filing. If the preliminary
plat is approved only as such, a final plat shall be delivered to the
City Secretary who shall file it with the City Planning Conrnission at its
next regular meeting. Each plat shall 00 accompanied qy certificates from
the City and County Tax Collectors that all taxes on the land bein g sub-
divided have been paid to the current year, and when the plat is also CCl1-
sidered as a preliminary plan the required fil:in g fee.
"-1
i
15-2 Specifications. The final plat shall be drawn in black ink
upon film, linen, tracin g Cloth or other permanent tracing ma terial 24"
wide and 36" long to a scale of 100 feet to one (1) inch and shall show the
following infonnation:
A. Date, subdivision title, scale, and north point.
B. The names of the adjoining subdivisions or the name s of
the adjoining property owners, togetre r with tile respective
plat or deed references.
C. The lines and names of all proposed streets or othe r ways
or easements (including a statement of the purpose for
which such easements are dedicated), and othe r open spaces
to be dedicated for public use or granted for use of tiB
inhabitants of the subdivision.
I
I
I
_J
D. Sufficient data to determine readily and reprodrmce on the
ground the location, bearing and length of every street
line, lot line, boundary line, block line and building
point. This shall include the radius, central angle, and
tangent distance for the property lines of curved streets
and curved property lines that ara not the boundary of
curved streets.
E. The location of all permanent monuments and ccntrol points.
. F. Suitable primary control points to which all di1rensions,
bearings and similar data shall be referred. Dimensions
shall be shown in feet arrl hundredths of a foot.
G. Restricti.ve covenants imposed on the land if desired by
the subdivider.
H. A statement signed and acknowledged by the CMIler dedicating
all streets., alleys, easements, parks and other open spaces
to publ ic use, or when trn subdivider has lIB de provisi on
for perpetual maintenance Jtr.hereof, to the inhabitants of
the subdivision.
I. Trn signatures ~ the Chairman and Secretary of t.ie City
Planning Commission attesting approval of the plat.
(See Appendix)e
J. A certificate bearing tre signature and seal of the
"~i
147
Engineer or surveyor who made the survey certifying that
the requirem:mts hereof have been complied with.
(See Appendix)
K. If the subdivision is not to be served immeciia tely by a
water utility, a restriction prohibitin g occupancy of any
lot until water satisfactory for human consumption is
available from a source on the land, a community source,
or a public utility source, in adequate and sufficient
supply for family use and operation of a septic tank and
system shall be provided.
L. If the subdivision is not to be served il11IlJildiately by a
sewage collecting system connected toa community septic
tank or treatrrent plant or to a public sewer system, a
restriction prohibiting occupancy of any lot until a
septic tank has been installed on such lot and has been
inspected and approved by the City-County Health Officer
shall be provided.
15-3 Processing of Final Plat.
A. Within thirty (30) days from the filing of any final plat
the City Planning "Commission shall disapprove such plat unless
(1) Too plat comolies with the provisions of ':>ection 8;
(2) Too subdivider has complied witili the required
standards of design; and
(3) (a) In an Urban Subdivision, the subdivider has
constructed and installed streets, paving, curbs
gutters, utilities and drainage facilities in his
subdivision in accordance with too provisions of
Section 11 or has made provision, by mak:ing a cash,
corporate bond or de pos it in g money in escrow, each
in an amount equal to the estimated co st otcon-
struction and installing too required improvements,
that in the event of the failure of subdivider to
make such impro9'errents, the same will be constructed
and instal Ie d Hi thout co st to the City of Sche rtz.
(b) In a Suburban Subdivision the subdivider has
constructed and iDstalled streets, roads, bridges
and drainage structures in accordance with the req1irements
of Guadal upe C ol1nty, and the County has app rove d and
accepted such streets and roads for maintenance, or
provisions satisfactory to the County, for such con-
struction, installation, approval ano acceptance for
maintenance have been made with the County.
B. ioJhen the City Planning Commission is satisfied that too
technical requirements of any such subdivision plat have
been complied ldth by the subdivider, tffi City Planning
Commission shall enter an order disapproving the final
plat subject to action of too City Council with reference
,to slJch utility contracts, street c<J1struction, drainage
and other matters as the City Council may la1I\Tfully re-
view. Upon taking such action, the City Planning
14~
Commission shall cause the final plat to be forwarded to
tee City Council without delay accompanied by a copy
of the City Planning Commission's action with reference
thereto, togetOOr with a written statement of any griev-
ance or disagreerent which too subdivider has reqre sted
that the City Council act upon. After tl'e. City Council
is satisfied that the subdivider will comply with all
requirerrents for utilities and street construction aIrl
has returned the final plat to tee City Planning Commission,
indicating such action as the Council may have taken in
regard to the final plat, then the COlTlllission shall enter
its order giving final approval of such plat.
C. A:n.y final plat not disapproved within thirty (30) days
from the date of its filing with tte City Planning Com-
mission shall be deemed to have been approved and a
certificate showing said filing date, am. tre failure to
take action thereon wi thin thirty (30) days from said
filing date shall on demand be issued by the City Plaming
Commission, and said certificate shall be sufficient in
lieu of a written endorsement or other evidence of approval.
D. After a final plat has been approved the City Planning
Commission shall cause such plat to be recorded in the
Plat Records of Guadalupe County, Texas.
PART III - DESIGN STANDARDS
Tee following design standards shall apply to
both urban and suburban subdivisions unless
otherwise noted.
--,
_.-1
SECTION 16:
General Design Principles and Objectives
16-1 Confor~ty with Cv...}'....:.hensi ve Master Plan. All subdivisions
shall conform to the Comprehensive Master Plan for orderly and unified de-
velopment of streets, utilities, neighborhood design, and public land and
facilities.
16-2 Achieving Desirable Neighbcrhood Development. Residential
subdivisions shall be designed to take advantage 01' the principles and
general designs for neighborhood developnent as establisred by the Com-
prehensive Master Plan and the City Planning Commission in crder to
achieve the most advantageous developrent of too entire nei€pborhood unit
in which the subdivision is located.
16-3 Provision for Future Subdivisi.on. If a tract is subdivided
into parcels larger than ordinary building lots, such parcels shall be
arranged to allow logical further subdivision and the opening of future
streets.
.
16-4 Standards for Site Improvements. All streets, alle ys, side-
walks, utility installations anc other site improvements required to be
installed by the subdivider under the provisions of tee se regulations
shall conform to the reqnirenents of this section and to the then current
poliCies, specifications, and regulations of tee City of Schertz, or other
approved agencies responsible for design, construction methods and standards,
payment, refunds, credits and other financial arrangenents.
~-,
I
I.
149
SECTION 17: Streets.
17-1 Street Layout. Tm arrangement, extent, character, width,
grade and location 01' all streets shall conform to th8 Hajor street Plan
and the Comprehensive Master Plan. Vdnor residential streets shall pr'O-
vide adequate circulati on i.vithin the neighborhood and yet di scour age thr"'u gh
traffic. The street laYOtlt shall be arranged to achieve the most desirable
development of the entire neighborhood unit with appropriate consideration
of creeks, drainage channels, wooded areas and other topographical features
which lend themselves to spe cial treatrrent.
17-2 Relation to Adjoining Streets. \'There anpropriate to ttB
neighborhood pattern, existing streets in adjoining areas shall be con-
tinued and tied into the proposed street layout. The width and align-
ment of such streets ,shall be as determined by t!-E City Plannim Com-
mission.
17-3 Projection of Streets. Hhen adjoining areas are not yet
subdivided, the arrangerrent of streets shall prGvide for the proper pro-
jection"of streets into the adjoining unsubdivided areas as will be re-
ql1ired to complete the neighborhood pattern or conform to the Comprehen-
si ve Plan.
17 -4 Pri vate St~ets. Private streets whi ch serve mor e than one
residential lot, or one or more multi-family structures owned by more than
one person or corporation are eypressly forbidden. All su::h streets shall
be dedicated to the publ ic in acc ordance with i:J:J:3 se re gulat ons.
17-1) Partial or Half Streets. In the case of minor streets, no
new half-streets shall be platted. ~"here the proposed subdivis:Lon abu tts
upon an existing half-street, the remaining half of the street shaJl be
platted. In the case of secondary streets and major thorofares, half-
streets may be platted, if necessary, in conformance with the Comprehen-
sive Master Plan.
17-6 Dead-End Streets and Cul-de-Sacsl
A. Dead-end streets shall 00 prohibited, except as short
stubs projected to be continued in future subdivis'ons in
conformance with Seation 17-3, or wh.en designed as Cul-de-
,sacs. Temporary turn-arounds shall be provided on pro-
jected streets untH such time as they are extended.
B. Cul-de-Sacs shall not exceed four huhdred (400) feet in
length and shall have a turn-around of not Ie ss than one
hundred (100) feet in diameter in single family residen-
tial areas, one hlmdred tTrlenty (120) feet in multi-
family,residential areas and not less ilia n two hundred
(200) feet in diameter in commercial and industrial areas.
17-7 Alignment. The ali9'!1ment of all major thorofares and
secondary- streets shalJ ~form to thEi. COmprehensiw Ma'ste':r' pt.9l'l"and: -:'h'?
the requirements.01' Exhibit "A" of these regulations. MinOI'r'stjeet "d.
iligrimen't'8baIl' neet the requirements of Ex:hibit ".lit and in no ease .;.,
shall street jogs be off'se"b' lE:iss 'than one hundred twenty (120}feetu...
oncanterline. .
15U
17-8 Intersections. All intersections on mq..jor therof~res am
secondary streets shall be at ninety (90) degrees except as shown on the
Comprehensive Master Plan or approved by the City.Planning Commission.
The intersections of minor streets shall be as nearly ninety (90) degrees
as practicable. The curb radii at street il)tersections in urban sub-
divisions s hall conform to Table I of Exhibit "A".
r-
I
I
L_
17-9 Right-of-way and Pavenent Widths. All street am paverent
widths shall conform to the Comprehensive Master Plan and tffi requirenents
of Exhibit "A", but in no case shaJ,.l tffi right-of-way widths be less than
the following:
"
A. Major thorofares - eighty (80) feet.
B. Secondary streets - sixty (60) feet.
C. Minor streets - fifty (1)0) feet.
17-10 Street Names. Nanes of new streets shall not duplicate tl'B
nares of existing streets within".t.he county unless the new street is a con-
tinuation of or part of a future con t-\nuation of 3Uch existing street.
Street nares shall be chosen to avoid similarity or confusion wi th ~xisting
street names. NaJl'es of all new streets shall be subject to approval by tte
City Planning Commission, and coordinated on an .area-wide basis.
17-11 Other Minil[lum Irnprovenents. Additional inproverrents such
as street lig4ts and street name signs shall be installed in accordance
wi th minimum require1113nts of Exhibit "A" and then current policies of tre
City Planning Commission.
,--,
, '
17-12 Construction Standards. All streets shall be constructed
with reference to base, surfacing, curbS, grades, horizontal curves and
intersection curve radius in accordance with tre standards prescribed in
Exhibit "A" of these regulations and the then current specif::i,.cations of
the City of Schertz. .
i
,I
L
.
17-13 Reserve. A provisional one-foot reserve shall be used along
the side or end 01' streets that abutt property not subdivided,in a recorded
plat.
17-14 Temporary Right-of-way. Wren deemed necessary by the City
Planning Commission, temporary right-of-way shall be p~vided for certain
uses or .locations, such as the provision of turn-arounds on projected
streets. Such temporary right-of-way shall revert to the abutting pr operty
owners when no longer required for its original purpose.
SECTION 18: Alleys.
18-1 Commercial and Industrial Districts. Paved alleys not less
tQan twenty (20) feet wide shall be provided in all corrmerc5_al or industrial
districts, except that the City Planning Commiss ion may waive this require-
ment where other definite and assured provision is made for service access,
such as off-street loading, unloading and parking consistent with am ade-
quate for the uses proposed.
18-2 Residential Areas. If alleys are provided in residential areas
they shall be not less than sixteen (16) feet wide.
-,
. ., I
151
18-3 Intersections and Turns. Alley intersections and sharp
changes in alignment shall be avoided, bnt 'tfr:ere two alJ eys intersect,
or an alley tU'TlS at an angle sharper than one hundred (100) degrees, a
cut-off of not less than ten (10) feet from the normal intersection of
the property lil~s shall be provided.
18-4 :Qead-End Alleys. Dead-end alleys shal J be avoided vim re
possible, but it unavoidable, shall be provided Nith adequate turn-around
facilities as determined by the City Plan ning Commission and have no 1e ss
than sixteen (16) foot payenent width.
18-5 Construction. All alleys shall be cons tructed in accordanc e
wi th the standards prescribed in Exhibi t"A" of these regulations.
SECTION 19:
EasellEnts.
19-1 Utility EaseTlBnts. In residential areas whe re alie ys are
not platted, easem:mts shall be -orovided for installation of utilities.
In ,general the rear easement shall be twenty (20) feet wide, centered on
the rear lot lines. Additj onal requirements for public utility easeTlEnt s
shall "be determined by the City Engineer.
19-2 Drainage Easements. Hoore the subdivision is traversed by a
water course, drainage way, channel or stream, there shall be provided a
storm water easement or drainage right-of -1,vay confor min g substantiall y with
the lines of such water cour,?e, and of sufficient width as determined by the
City Engineer, to accommodate further ,rldth or con struction and allo',r access
for maintenance.
SECTION 20:
Pedestrian Circulation.
20-1 Sidewalks. Paved sidewalks shall be .provided on bot h sides
of Haj or and Secondary streets and on ene side of all other streets in all
residential areas in urban subdivisions as prescribed in Exhibit "A~i
Sidewalks shall not be required in suburban subdivisions.
20-2 Crosswalks. Pedestrian crosswalks not Ie ss than ten (10) feet
wide , with not less than four (4) feet of paved surface shall be dedicated
in urban subdivisions where deeTlEd necessary by the City Plann ing Cormnis-
sion, to provide access to schools, playgrounds, shopping centers and
other neighborhood facilities.
SECTION 21:
Blocks.
21-1 General Layout. The lengths, widths, and shapes of blocks
shall be determined with due regard to:
A. Provision of adequate buildinF; sites snitable to the
special needs of the type of use contemplated.
B. Zoning requirellEnts as to lot sizes and dimensions.
C. Needs for c0nvenient access, circulation, cCl1trol and
safety of street traffic.
D. Limitations aDd opportunities of topography.
21-2 Length. In general block 18 ngths along minor or secorrlary
streets shall not exceed one thousand four hundred (1,400) feet or be less
than five hundred (500) feet, and along major thorofares shall not exceed
one thousand eight hundred (1,800) feet or be less than nine hundred (900) feet.
152
21-3 Width. In general, blocks shall be platted of sufficient
width to contain two tiers of lots with alley or utility easerre nt between
them, except where lots are double-fronted on major thorofares, railroads,
or drainage channels, or where overall neighborhood design justifies a
different layout, or Hhere a single tier of lots is pIa tted to 'adjoin tre
rear of existing lots of unplatted tracts.
r-
SECTION 22:
Lots.
22-1 &eneral.. Layout. The size, width, depth, shape and orienta-
tion of lots shall be a~propriate for the ne ighborhood in which the sub-
division is located, and for too type of developTll9nt and use contemplated,
to assure provision of proper open space and prevent overcrowding.
22-2 Lot Dimensions. Lot dim:msions shall conform to 1:.he zoning
ordinance or the 1"011owin g requi... O'II";nts, if more restrictive:
A. Residential lots where not served by public or approved
off-lot sewer shall be at least seventy (70) feet wide,
at least one hundred twenty (120) feet, deep and have an
area of at least .nine thousand (9,000) square feet. In
addition the City Plannmg Commission shall request too
City or County Health Office to cause a percolation test
to be made and shall req'Jire such lot area as recormnended
by the Health Officer, but in no case 1e ss than nine
thousand (9,000) square feet.
B. Residential lots where served by public OI' anproved
central sewerage system shall be at Ie ast fifty (1)0)
feet wide, at least one hundred (100) feet deep and
have an area of at least six thousand (6,000) slfUare
feet.
C. Depth and width of properties laid out for com mercia 1
Qr industrial purposes shall be adequate 'bo provide far
the off-street service and parking facilities required
by the type of use and development contemplated.
D. Corner lots shall have sufficient width to permit the
req'lired building setback and proper orientation to both
streets. Lots abutting on cross-walks shall be treated
as corner lots.
E. Hhere a residential lot backs up to a railroad right -of-
way, high pressure gas line, industrial area or any other
land use which may have a depreciating effect on residen-
tial property, and whe re no marginal acdess street or other
street is provided at the rear of such lot, additional
depth shall be required, not to exceed a to tal of ooe
hundred fifty (lc)O) feet. Where a lot sides to any of too above,
appropriate addi t-: onal width shall be required. A
planting screen, no-access easement of a least ten (10)
feet shall be provided aloog the line of.' lots abutting
such traffic ,artery or other disadvantageous land use.
I
F. If a residential lot faces a major thercrl'are it shall be
at least ten (10) feet deeper than otlErwise required.
G. Radial residential lots shall be at least fifty (t)0)
feet wide at tre building line.
r
i
L_
, :1
J-
153
22-3 Orientation. Residential lots shall be oriented to take
advantage of topography, and the best relat~ onship to tre overall design
of the neighborhood and to minimize the effects of any surroundi~g depre-
ciating land uses.
A. The placing of residential lots facing directly upon a
major thorofare shall be avoided, unless lots face a
marginal access street parallel to. such tlJajor tho rofare.
Lots should side or back to major thorofares and other
depreciatin g land uses.
B. The placine of lots at right angles to each other (wit h
rear and side lot lines adjacent) shall be avoided.
C. Side lot lines shall be as nearly perpendi.cular as
practicable to the street the lot faces, or radial
to curved streets.
22-4 Access. Every lot shaJ 1 be provided with adequate access
to a public street, either by direct frontage on such street, or by a
publ ic pedestrian accessway approved by the Commission. Rear and/or
side driveway access to major thorofares shall be prohibited.
22-~ Building Lines. Minimum front and side building setback
lines at streets and cross-walks shall be shown on all plats and shall
conform to the restrictions, if any, imposed on the subdivision by the
subdivider, but in no event shall such setback line s be less than re-
quired by the zoning ord' nance or the follOv-r'nr:- minimum reql1irements.
A. Interior Lots:
(1) Fronting on minor street: 'l"Nenty (20) feetl
(2) Fronting on secondary street: Twenty-five (2~) feet.
(3 ) Front; n['; on major thorofare: Thirty-five OS) feet.
B. Corner Lots: Same as interior lot requirement on each
street.
SECTION 23:
Public Sites and Open Spaces.
23-1 Conformance with Comprehensive Master Plan vmere a proposed
park, school, playground, or other public facility ,is shown in the Com-
prehensive Master Plan or official neighborhood plan is located in 1..hole
or in part in a subdivision, the subdivider may dedicat~ such land to public
use, or shall cause such land to be held in reserve for a period of three
(3) years from date the plat is recorded for purchase by the appropriate
public agency. If detailed plans are not available ror the land to be
publicly used, the City PI arm ing Commissl_on shall cause suc h deter'"'1:ination
to be made within reasonable period of time and inform the subdivider of the
extent of land area requL~d.
23-2 Other Public Land. lrJ'here deered essential by the City Plan-
ning Commission, upon consideration of the particular type of devel opren t
proposed in the subdivision, and especially in large scale neighbo'~hood
unit developments not anticipated in the Comprehensive Master Plan, tre
City Planning Commission may req111re the dedicqtion or reservation of such
other areas or sites of a character, extent and location suitable to the
needs created by sub-development for schools, parks, and other neighborhood
purposes.
154
SECTION 24: Protection of Natural Features. The Commission may decline
approval if due regard is not shown for the preservation of natural features
such as large trees, water courses, scenic points, historical spots and
similar community assets, which if preserved, will add attractiveness,
stability and value to the property.
PART IV - REQT.!IRED mPROVEMENTS
il
lJ
SECTION 25: Monwnents. Concrete monurrents shall be placed at all block
corners, angle' points, points of curve, and all corners of boundary lines
of the subdivision as required by City Engineer. All intermediate property
corners shall be marked with iron stakes. Placem9nt, size, length, and
type of monuments shall cmform to specification of the City . Engine ere
SECTION 26: Street ImproveIrents. All street improvements shall m?et tre
then current req"irements 01' the Comprehensive Master Plan, speduications
of the City Engineer, and the req;irem9nts of Exhibit "A" of these regula-
tions, but in no case shall 00 more minimal than tte following specifica-
tions.
SCHEDl1..E OF l-1INIMUM STREET IHPROVEMEN'I'S
Classification
Right-
.of -Way
Pavement
Standard*
A E
Drainage
A
Standard
B
Sidewalk
S ta.rrl ard
A Only
Ex:pressway
As required by Comprehensive Plan, City Commission am
Highway Department
Major :lhGrofare
As reqnired by Comprehensive Plan, City Commission and
Highway Department
Secondary Thoro- 60' 42'-44' 24' Curb & Dit ch & 4' Both Sides
fare Gutter Culvert
Minor Street !JO' 301 201 Cur b & Ditch & 4' eith er side
Gutter Cul vert
Frontage Street 40' )0' 20' Cur b & Dit c h & 4' on Sub-
Gutter Culvert divi sion Side
only
_-1
'* Standard "Aft applies to urban subdivision.
Standard "B" applies only to suburban subdivisions.
SECTION 27: Water Systems.
27-1 General. All water snpply, treatnent, storage, am distribu-
tion facilities shall. be furnis 00 d and installed in complian ce with tte re-
quireIrents of Exhibit "A" of trese regulations, and then current policies
and specifications of' the City Engineer and the Texas State Depa rtnent of
Heal the
27-2 Urban Subdivisions. Every lot in an urban subdivision shall
be provided with an approved supply of water, either by too construction of
a distribution system connected to a1 adequa1;e approved publi c water sys tern,
or if such public source is not available, by cons truction cf a complete
water system, including a safe, adequate water source, proper treatrrent
facilities, pumps, storage facilities and distribution system, approved by
the State Departrrent of Health.
',"1
155
27-3 Suburban Subdivision. Every lot in a suburban subdivision shall
be provided with vrater satisfactory for human consumption from a source on the
lot, or a public utHity source, in adequate supply for family consumption,
and for operation of a septic tank as required by these re~Jlat:ions if t.h3 lot
is not served by public se1.rer.
27-4 Fire Hydrants. Every urban subdivision shall be pro vided ..lit h
standard fire hydrants as part of the water distribution system, in accord-
ance with tne then current policies of the City so tha t ever"} lot is with in
five hundJ;:ed (jOO) feet of a fire hydrant.
SECTION 2~:
Sewerage Systems.
28-1 General. All facilities for the collection and di sposal of
sewerage shall be furnished and installed in compliance with the require-
ments of Exhibit "A" of these regulations, th~ then current policies and
specifications of the City Engineer, ann. the Texas State Department of
Heal the
28-2 Sanitary 3ewers. Sanitary sewers shall be installed to serve
each lot in all subdivisions wre re connectLon is to be made immediately to
a community disposaDs system or to a publ ic sewerage system. 1,There 6'tCh
connection is not to be made immediately, plans shall be prepared for
installation of a sewerage collecting system to serve each lot, arvcI those
parts of such system which will lie in the portion of streets and alley s,
intended for vehicular traffic shall be installed before such street or
alley is paved.
28-3 Septic Tank. In any subdivision in ,,mich immediate connection
to a sewerap"e system cannot be made, a septic tank of at least five hundred
(!JOO) gallo~s capacity with a drain field of at least one hundred fifty (ljO)
feet shall be installed on lot in accordance with the regulations of the
appropria te he al th an tn,ori ties.
SECTION 29: Drainage.
29-1 General. No lot in any subdivision whic h is sub~ct to flood-
ing by rainfall shall be approved until drainage facilities adequate to carry
off such rainfall have been pro'fided, as determined by cornputatio ns by the
City Engineer.
29-2 Urban Subdivisions. All necessary storm drainage facilities
incl uding enclosed' storm sewers, bridges, cuI verts, and water cOJr se im-
proverrents, to carry off storm water wi thin the subdi vi sian and integrate
such subdivision drainage with the overall urban drainage sys tem, shall
be installed in accordance with the then current req'Jirements of the City
Engineer, Exhibit "A" of these regulations, and official urban and cOJnty
drainage plans.
29-3 Suburban Subdi. visions. All necessary drain age improvement s
shall be installed to assure that all rain runoff is carried to an existing
countT drainage ..facility without crossing' adjoining property or caus ing
erosion of any land in accordance with any official c01mty drain age plans J
Exhibit "A" of these regulat"ons and the req1JITernents of City Engireer, or
City Planning Commission.
15b
EXHIBIT "A"
SPECIFICATIONS AND DESIGN STANDARDS
FOR PUBLIC WORKS IMPRuv1!J'1ENTS
All urban subdivisions shall comply with the specifications
and design standards as he reinafter out1ir'ed. Suburban sub-
divisions shall comply with the spe cifications and standards
with the exception of such items as sidewalks, curbs ald
gutters, etc., which are not required in rural subdivisjons.
When such items which are not required are nevertheless in-
stalled by the subdivider these specifications shall apply.
A. Two copies of plans and profiles for streets, alleys, sidewalks and
drainange easeTl13nts including too fol1cw: ng :infonnation shaJ 1 be sub-
mitted wi th each fj nal p13t.
B. Streets, Alleys, and Sidewalks
1. Plans
(a) Typical sections showing the proposed pavemen t width, type,
thickness and croWD; tm proposed curb or curb and gutter
type as required, location in relation to centerline and
exposure; the proposed sidewalk diTlBnsions and location in
relation to curbs and property lines; t~ proposed street
grading slopes, for each of the different t,ypes cK- streets
and alleys in the subdivision.
(b) AlignTl13nt of each street, alley, sidewalk and crosswalk-way
shClW'ing a beginning and ending station; each deflection angle
of the centerline and t~ station of the point of intersection;
the stati on of the point of curvature and the point of tangency
of each curve; the station and angle of intersection of each
intersection with another street, alleyor' -drainage easenen tj
the station and radius of each curb return; the location of
adjacent right-of-way lines; the location and limits of side-
walks and curbs of each street; a the location of monuments.
I
(c) Location, description, and elevation of bench marks, the top
of curb grade at each curb end, each fifty (~O) foot station
and each end of each curb return; the centerline grade at
each end and at each fifty (50) foot station of alleys; the
gradient of each tangent grade and the location and Jengt~
of each vertical curve; the direction of storm drainage now
at each intersection; the profiles of streets, alleys, and
drainage ditches shall sho;-i the natural ground at adjacent
property lines and the proposed centerline.
(d) Scale, north arrow and date. . Plan and profile shall be drawn
to scale of one inch (lit) equals fifty (50) feet horizontally
and one (1' inch equals five ('5) feet vertically.
... ..,. -<..~ ,-
.t.~.;.::.'
'~iiliij;.,_-
157
2. Design Standards
(a) At each street intersection the curb shall be rounded with a
curve or radius "R", varying with the interior angle as
specified in Table 1. (Not required in rural subdivj sions)
(b) At each intersection too property line s at each block corn er
shall be rounded with a curve on radius "R", varying witt; tre
interior angle as specified in Table 1.
(c) street and alley grades shall, in general, conform to t.re
terrain, and shall not exceed the grades spe cifie d in Table 2.
No street or alley grade shall be less than three-tenths (0.3)
of one (1) percent unless otherwise spe cifie d by too City
Eng:ineer.
(d) Horizontal curve radii shall not be less than those snecified
in Table 2.
3. Construction Requirerrents
The s ubdi vider shall exe avate, fi 11 and grade aD alle ys and new
streets including sidewalk areas where required, with:in the sub-
division so that pavements and sidewalks may be con strueted along
lines and grades awroved by the City Engineer. In general, too
grades of sidewalk areas shall be so establi shed tha t no extreme
or abrupt changes in grade are encountered within bl ocks, but
variations may be allowed woo re, because of soil conditions,
topography, or valu.able trees, the establishment of such grades
would resnlt in uhdue hardship. New streets and alleys shall be
surfaced in accordance with plan sand specifieations approved
by the City Eng:ineer and constructed under his sllpervis ion. No
s~reet shall be surfaced until the underground utilitie s mic h
are to be installed in the portions of tl1e streets intended far
vehicular traffic, have been installed.
New streets (includ:ing previously dedic ated right-of-ways) arrl
existing unpaved streets abuttinp' both sides to a new subdivision
or resubdivision shall be con structed in accordcnce with tre stand-
ards of Table 3 and the following requirements.
(a) Sub-Grade Preparation
3ubgrade shall b3 prepg. red in acc ordanc e with the spe ci fica-
tions of the City Engineer, and compacted to a Proctor dry
densi ty of not less than ninety percent (90~). "({hen fi 11 is
reql1ired it shall be olaced in unif.orm lifts not to exceed
six (6) inche s in depth prior to co mpaction wit b pneumatic
rollers or eight (8) inches orior to compaction with other
types of rollers. Eacl1 1 ift sh aU be compacted to ninety (90)
percent Proctor densit::l before succeedim lifts are placed.
(b) Flexible Base
Wren asphaltic paveTrent surfaces are used, too base shall be
a compacted flexible base con structed to tre sp3 cifications
of the City Engineer, to the depth shown in Table 3, w:ita
Proctor density of not Ie ss tha n ninety-five (91)) percent.
l~~
(c) Stabilized Base
As alternate to the flexible base above, a compacted soil-
cenent base with a Proctor d~:msity of ninety-five (95) percent
may be used, with soil-cenent ratio and t1-;ickness to be ap-
proved by the City Engireer.
--1
(d) ~phaltic pavenent
The compacted surface
specified in Table 3.
llBthods shall conform
Engineer for Hot l-ti.x,
course shall be aw lied at the rates
Tre paving mixture ani cons truction
to the specifications of the City
Hot Laid Asphaltic Concrete.
(e) Concrete Pavement
All concrete paverrent ::ball be Portlan<;l. Cene nt concrete of a
depth and compressive strength 8f:e cified in TaliLe 3 and con-
structed in accordaree with too specifications of the City
Engineer. Reinforcing steel shall be 6 x 6 wire ne sh or
number 3 round steel eighteen (18) in coo s on centers bot h
ways.
(f) Curb and Gutters
Combined curb am gutter sections, shall be cons tructed of
Portland Cenent Concrete and ire talled in acccr dance with 1:.m
specifications of the City Ehgireer, on all streets within the
subdivision along the l~es and grades awr oved by the City
- Engineer. Combined curb and gutter shall be pro vided on bath
sides of all streets wi thin urban subdivisions am on the
side of boundary streets adjacent to the subdivi sion.
~-l
I
~
(g) Sidewal ks
All sidewalks and crosswalks shall be constructed of Portland
Cement Concrete at least four (4) inche s thick ani at 1B ast
four (4). feet wide, according to spe cifications of too City
Engineer, and along the lines and grades approved by the City
Engineer.
C. Drainage and Drainage Structures
1. Plans
Too req1lired plans shill show tre follow} r:g infoITna tion:
(a) Ccnstruction details of all drainage structures inclu:l-j rg
dinensiobs, reinforcing, crJ. d components such as grates am
manhole cover8.
(b) Alignroont of drainage caseroont s showing a begin ning arrl
ending station; each deflection ang Ie of 't:.OO centerlwe,
and the station of the point of intersection; ~ station of
the point of curvatur e and the point of tang ency of each
curve, the station and angle of intersection of each inter-
section with an otrer drainage easenent, tffi location of each
drainage structure, and the lcx::ation and size of all stcrm
sewers.
,-
L.-
,."." :JI
,:~..~..
159
(c) Tm centerline ~'racie at each enc1 and at each fiffty foot station
of drainage ditche s, the d irect~ on of storm drain age, floiN at
each intersection, the nOH Ijne elevations of each drainage
structUI'9, the flow line e 1 evat-i 0 n of ea c h star m selve"", at
each p oint of chCl'l ge, each en d, and at the interven:i.rr"
gradients.
2. Drainage Computati ons
(a) Run-off rates shall be computed as determ'ned by the Cit-T
Engineer. In all cases run-off rates shall be computed on the
basis of ultimate developITBnt of tlE enti'e water&1eo contri-
buting run-off water to tte proposed subd:L visio n, on the basis
of concrete-1m ed channels and streets carty:irlg stor m l,yater
in the contributing area.
(b) Streets may be used to carry storm water if too calculated
flO\-J does not exceed trn. t reql ired by the City Engineer, cr tl'E
veloci ty dre s not exceed ten (10) feet per'second. lfimor
streets shall be designed on a five (r)) year f:f\equerc y. WlEre'
streets are not capable of neetinz tre above requirements,
drainage structUl:'es shalloe provided. Stre P-t la dths shall
not be widened beyond width determined by street cJ assification.
(c) Concrete and earth-lined channels and storm sewers shall be
designed on the bas;,s of tl-fenty-five (2LJ) year frequency.
(d) Alleys shall be desigred on tlE basis of a five (5) year
frequency to carry storm water from only the lots Hi.thin
the blocks abuttinp' the alleys.
3. Construction Starrlards
(a) All drainage structures ltla 11 te cons tructed in accordaoc e
wit h the plan sand spe cifica tions and tc the line sand grades
approve<i by tlJe City Eng'ineer.
(b) All concrete used in"ra:inage s~ructures shall develop a
comPressive strength of thI'ge th~lsand (3,000) p.s.i. in
tl-renty-eight (2:<) days. All castil1!s shall conform to the
Standard Specifications for Gray Iron Cast:Ilis, A.S.T.M.
Designation A-48 for Class 2 Gray Cast Iron.
(c) Drainage Ditche s. In concrete lire d dit cte s the lining shall
extend one foot beyond the height of the designed flow line.
Between the top of too lining and th~ top of the di tch an
earth sodded side slope not steeper than t1.w (2) horizontal
to one (1) vertical may be used. Vertical cmcrete walls
shall not exceed tl.vO (2) feet in height unless proj:B rly
fen ced or enclosed. Earth sod ded channels shall be mulch
sodded over the entire surface area of the channel, and 'l:h3
side slop shall not be steeper tha n three (J) horizont al to
one (1) vertical.
D. SANitary Sewers
1. All gravity seweY's shall be vitrified clay sewer pipe cmformmg to
A.S.T .M. standards, and in stalle d in confor mance with the specifica-
tions of too City Engineer.
160
2. The minimum size of lateral sewer mains in residential areas shall
be six (6) incb3s in dianeter.. Minimum grades shall te sufficient
to produce a velocity of'two (2) feet ~r secCl1d wren f1 owing full.
3. All outfall mains shall be of suf'ficie nt size to accommodate tre
maximum anticipated now from tre entire area tribut ary to the l:ine,
as approved by the City Engire ere
'-'
I
i
.~
4. Lift stations shall be furnished wrore necessary, of such size and
design as determine d by the City Engirn ere
E. Water Mains
1. All water distribution mains shaU be installed in oonformance with
the specifications of too City Engine ere
2. The mini.mp size of lateral w~te:r llla~Nl sha'J..l be six (6) inc hes- in
diam~tef~' ~ .-.' . ,. I '""~ ,. r,~
3. All principa1rmins shall be of' suf'ficient size to meet all anti-
cipated requirements of the sys tem as determine d by the City Engin ser.
4. The layout of' mains slW.l assure two-way flow at all points in
the system, wit h the exception of exten sions at' Cul-de-Sacs ald
other dead-ends approved by the City Ehgineer.
TM3IE I
mRB RETURNS
-I
I
I
Interior Angle
in Degrees
150-145
141)-140
14 0-lJ I)
131)-81)
81)-71)
71)-61)
61)-55
55-45
45-Q
Intersection of
Local or Collec-
tor Streets
Intersection of Co11ec-
-oor or Local Street and
Major Street
Interse ctio n
of Major Street
-H.-
1)
15
11)
15
20
21)
30
31)
31)
-R-
21)
2rJ
21)
25
30
31)
40
41)
45
-R-
21)
28
30
35
1)0
80
90
110
11)0
INTERSECTION RETURNS
Interior Angle
in Degrees
Intersection of Local
or Collector Street
Intersection of
Major street(s)
150-145
1.41)-140
140-135
135-12 I)
125-85
85-75
75-61)
65-51)
51)-4 I)
45-0
12
12
12
12
15
20
30
40
50
71)
15
18
20
25
25
40
70
80
100
140
I
Street or Alley Type
Expressway
Major
Se con dary
Local
Marginal Access
Alley
Street Type
Expre ssway
Major
Secondary
Local
Marginal Access
161
TABLE 2
STREET & ALLEY GRADES
Per Cent Grade
(Designated tu State
Highway Department)
6~
6:t
10%
1m
lot
HORIZONTAL CURVE RADII
Center Line Radius
(Designated by State
Highwqr Department)
1200'
700'
100'
100'
Street Classification
STREET BASE AND SURFACE STANDARDS - URBAN SUBDIVISION
TABLE 3
Major Thorofare
Secondary Thorofare
Minor or Frontage
Street
Commercial Alley
Residential Alley
Base
Surface
12" Flexible
Asphalt, Hot Mix, hot
Laid, ~O lbs per square
yard.
6" Reinforced Concrete
3~00 p.s.i., with 6x6
mesh or equiva1e nt #3
steel
8" Flexible
Asphalt, Hot Mix, Hot
Laid, 12~ lbs. per
square yard.
6" Reinfor ced C om rete
3500 p.s.i., with 6x6
rnesh or eqllivalent #3
ste e1
6" Flexible
1. Asphalt, Hot Mix,
Hot Laid, 100 lbs.
per square Y3rd.
2. 6" unreinforced Con-
crete 3500 p.s.i.
6" Unreinfor ced Concrete
3~OO p.s.i.
6" Flexible
1. Asphal t, Hot Ydx, Hot Laid
2. 5" Unreinfor ced Com rete
3000 p.s.i.
162
TABLE 3 (Cont'd)
NOTE~ In suburban subdivisions the constl.'uction <:f major and secondary
thorofares Hill be determined by the State Highway DepartJrent
if classified under state or Farm-to-Market sys tern, otherwise by
appropriate County authority. Minor street shall be surfaced in
accordance with County req1.1irements for acceptance for maintenance.
EXHIBIT "B"
ACKNOWLEOODENTS AND CE~TIFlCA TES
The final plat shaJ 1 cont ain the followirr:
1. Owner's Acknow1edgenent:
State of Texas
County of
~
~
I (we), the undersigned, owner(s} of the land shown on this plat, am
designated herein as the subdivision to the City ci'
Texas, and w"ose name is subscribed hereto, rereby dedicate to the use
of the public forever all streets, alleys, parks, wa tar courses, drain S,
easelll:mts an d public places tIE reon S1 ow for the purpose and corsider-
ation therein expressed.
I
Owner
State of Texas
County of
I
I
Before me, the undersigned authority, on this day personally appen-ed
I known to me to be the pe rson whose name is subscribed
to the foregoing instrument, and acknowledgerl to me trn t he executed the
same for the purposes and considerations tte rein stated.
Given under IllY hand and seal of office this
day of
19
.
Notary Publi c ,
County, Texas
2. Certificate by the City Engineer:
I, the undersigned, City Engineer of the City of hereby'
certify that this subdivision plat conforms to all reqllirerrents 01' the
subdivision regulations of the City as to which Ms approval is req1ured.
City Engineer
.!I'
f,", .~,:. .
163
3 . Approval of the City Plann ing C ommiss ijm :
This plat has been submitted to and
considered by the City ?lann ing Commission of the City of
Texas, and is hereby aDproved by such Commission.
,
Date this
day of
, 19
.
By:
Chairman
ATTEST:
Secretary
4. Certificate of the Surveyor: responsible for surveying the subdivision
area, attesting to its accuracy:
State of Texas
County of
~
I
I, the undersigned, a (registered professional engineer)
public syrveyor) in the State of Texas, hereby certify that this plat
is true and correct and was prepared from an actual survey of tte property
made under my sllpervis' on on the ?IY,und.
(Engin eer or
Surveyor's Seal)
Registered Prof essional Engine er
or
Regis tered Pu1:ilic Surveyor
I.
S'. Certificate by the Platting Enp-ID eer responsible fer the preparation of
the final plat and supportin g data, attest" rf': to its accuracy:
State of Texas
County of I
I, the undersigned, a registered profess-l onal en gineer in the State cf
Texas, hereby certify that proper engineering consid erati,on has been p;iven
this plat.
(Engineer's Seal)
Regis tered Profess-jo nal Engin0er
164
SEcn ON 30: V alidi ty
In the event any phrase, paragraph or provision of thi s ardim nee
shall be teld invalid for any reasCl1 such inval idity shall not affect the
validly of any other provision of this ordinance.
I
l~
SECTION 31: Ordinances'
Any ordinances or parts of erdinances of this city in coo fiict
with this ord:i Dance are hereby repealed.
SECTION 32. Energency Clause:
'.'ffiEREAS, an energency is apparent for the imnedia te preservation of
the public health, safety and general welfare, am too re is an imperative
public necessity that this Ordinance shall become effective irmnediately
upon its passage, all ord: nances and rules gove m ing the effective date
of any ordinance are hereby suspended, and this Ordi.nance shall take
effect and be in force and effect from and after its final passage, and
it is so orda~ned.
PASSED:
APPROVED:
/s/
---,
,
APPROVED:
Mayor
'Is,
City Attorney
ATTEST:
/s/
City Secretary
Motion to adjourn by Mr. Koym, secooded by Mr. Schertz. Motion Carried.
~~
ATTEST:
U1~~e~^ ~h~~
I
,
__I
: .'.
"'f'..
165
Regular meeting of the Scm rtz City Council held at tl:B City Hall,
Schertz, Texas on the 17th day of March, 1966. I
Hayor Roy N. Richard called the rreet-;n8' to order 'I.ri th the following
named alderrren present: Raymond G. ltoyrn, ottomar A. Scre rtz, Malford C. Koch,
Edgar T. Marx and Samuel R. Perryman. City Angineer C. C. Cross proceeded to
open and read bids on proposed new extension of water and sewer lines to ~6. 013
serve the new High School Area. Bids as follows: I.] ?
Base Total Bid Add to Bid
$34,724.08 $ none
34,87~.88 40,~~~.28
36,978.60 2~,163.~0
37,369.63 ~,6ll.50
37,7~2.75 39,042.75
39,207.60 6,4~0.00
42,162.13 6,127.50
48,278.7~ 30,790.2~
C .1. Hobbs & Son
Howard S ti tch
B.&T . Construction
John Yantis
G. P. Falbo
Utilities Co.
C. B. Jones
F. E. Halloman
Co.
Mr. Cross will check over all bids and company oosignated will be ,/
notified they have been awarded the contract. I I () ~ 't
Secretary is to appoint Equalization Board for 1966. IF,' 31
Several citizens with Mr. H. P. Thulemeyer as spokesTTBn asked about, ~I'_
preventing Mr. Hoover Edwards from completing a building at 419 Curtiss ':'b,1:;;;;;,)
Avenue. The Council cannot act on this as no Zoning Ordinance is in effect ts~
at this time.
Mr. Floyd \~esterman and Mr. Charles C. Cross gave informa tion on the
purchase of t~ Electric System in Sd1ertz citing the costs, profits, expense
etc. It 'lims agreed by the Council these t'l.vo rren contact Mr. Davis of GVEC
for information on the City buying tre sys tem.
Mayor Richard announced tha t Mr. Gardner has a new water well he is
willing to sell to the City.
Motion to adjourn by Mr. Koym, secorrled by Hr. Koch.
&,&,,0(;1.,
/(,0
~~fOtl> 1
13 ~
Hotion carrie d.
ATTEST:
~/,~
\
m!ttitP J.~h d//J
Regular meeting of the Scrertz City Counc:i 1 held at the City Hall in
Scm rtz, Texas on the 24th day of March 1966.
Mayor Roy W. Richard called the mooting to order with the following
named alderrren present: Raymond G. Koym, Ottomar A. Scrertz, Malford C. Koch,
and Edgar T. Marx. Absent: Samuel R. Perryman.
Ma or Richard anncunced the meeti rg was for a Publ ic Hear:ing on a proposed
Zoning Ord nance, same having been publishe d in tre newspaper.
There being no citizens present to protest arP. no complaints received,
the ordinance was accepted and final action on same will be March 4, 1966. .
Discussion regarding too Ball Diamonc and hirirrr SOTTBone to run the a.O'O
entire Youth Pror,;ram and The League. Mr. Edward Melton has ordered fill d:irt /~3
for the diamond - price $20.00. A motion by Mr. Schertz, secorrled by Mr. Marx: to pay
this bill. Motion carried. It was agreed by the council and }1r. Melton
to employ him at $125.00 per month for AprU and May ard $200 .00 per month for
June, July and August program to end 1 September 1966. Motion for tre above
by Mr. Koch, secnnded by Mr. Marx. Motion carried.
{, ~. 05'
1,S9
166
{) ~~
\J~'Q~' Subdivision Plat submitted by Mr. John C. Schafer; motion by Mr. Sere rtz
seconded by Mr. Marx salle be accepted and approved. Motion carried.
, Motion by Mr. Scrertz seconded by Mr. Marx to aoprove Ordinance No. 141
a:fointing an Equalization Board for 1966. Hotion Carried.
\\t I b\.t
\ l\~ ORDINANCE NO. 141
>>~
,-
i
I
L~
AN ORDINANCE APPOINTING THE BOARD OF EQUALIZATION FOR '!HE CITY OF
SCHERTZ, TEXAS, FOR mE YEAR 1966, PROVIDING FOR 'rHEIR WTIES AND
COMPENSATION, AND TIME OF MEETING.
WHEREAS, the time has now arrived for the work of the Board
of Equalization to begin and no alch Board has yet been appointed
for the year 1966, now therefore.
BE IT ORDAINED BY THE CITY COUNCIL OF THE> CITY OF SCHERTZ,
TEXAS:
That, g ~ >, at ~~ ~l1LilL f' ~ . and
~Rp....j Ii'~,;~ ~ are hereby appo:iJTted t; 1he Boar.! .or Equal-
uatlon of J. y S~rertz, Texas, for tte year 1966, who are
to perform the duties of such Board of' Equalization for tre City
of Schertz, Texas, as prescribed by the Constitution and laws of >
the State of Texas, and ordinance of tre City of Scrertz, Texas;
such Board shall receive all the asses.:;nent llists and books of the
assessor of the City of Schertz, Texas, for examination, cVJ..Lc:ction,
equalization, appraisement, and approval for tre City ff Schertz,
Texas; the rrembers thereof shall receive for tre ir compensation
the sum of $')0.00 (Fifty Dollars); and such shall be convened on
the .d day of , 1966, in the City Hall at Scrertz,
Texas at A.M. At each meeting of said Board the City
Secretary shall act as secretary the refor.
---,
i
\
-~
PASSED A..r.JD .APPROVED THIS THE
day of
, 1966.
~I. JfA~l~ j,
ATTEST:
mil stj~~~~jA 1 f 0
nMotion to adjourn by Mr. Koch, seconded by Mr. Koym. Motion .carried.
ATTES T:
J.mJ
rnJ(:f2~
-~
j
167
Regular lreeting of the Schertz City Council held at the City Hall in
Schertz, Texas on the 31st day of March, 1966.
Mayor Roy W. Richard calle d the rreeting to order with the following
nalred aldermen present: Ottomar A. Schertz, Edgar T. Marn:, Halford C. Koch"
and Raymond G. Koym. Absent: Samuel R. Perryna.n.
The Zoning Ordinance No. 139 was read in full and was accept ed and
approved on a motion by Mr. Marx:, seconcled by Mr. Schertz. Motion carried.
INDEX
CITY OF SCHERTZ
ZONING ORDJNANCE NO. 139
PART 1
ENACTIENT AND DEFINITIONS. .
. . . .if . .
. . . . . . .
SECT! ON 1
SECTI ON 2
SECTION 3
SECTION 4
SECTION ~
Enactrre nt . . . . . . . . . . . . . . . . · ·
Definitions. . . . . . . . . . . . . . . · ·
Establishment of Districts. . . . . . . . . . . . . .
Rules for tte Interpm-rtatton of District Boundaries.
Compliance With the Regulations. . . . .. .. .
PA.ltT 11 DISTRICT USE AND AREA REGULATIONS. . . . .
SECTION 6
SECTIO N 7
SECTION 8
SECTION 9
SECTION 10
SECTION 11
SECTION 12
SECTION 13
SECTION 14
SECTION 15
SECTIO N 16
SECTION 17
SECTION 18
.......
R-l Single Family Dwelling District. . . . . . . . m.
R-2 Sincle Family Th~ellinf, District. . . . . . . . .
R-3 Two Family Dwelling" District. . . . . . . . . .
R-4 Multiple Family Dwellmg District. . . . . .
C-l Local Bus iness District ...... . . . . . .
C-2 General Busi,ness District. . . . . . . . . . . .
M-l Restricted Industrial Distric t . . . . . . . . .
H-2 Industrial District. . . . . . . . . . . . . . .
Height and Area Reg'llations. . . . . . . . . . . . .
Height and Area Exceptions and Modii'ications . . . .
Off-Street Parking and Loading Reqnirerrents. . . . .
Sf€cial Use Regulations. . . . . . . . . . . . . . .
Non-Conforming Uses. . . . . . . . . . .' . . . . . .
P A.ltT 111
AD}ITNISTRATIVE PRO\~SIONS.
. .
. . .
. .
. . .
. . .
. . .
SECTION 19 Official Zoning Map. . . . . . . e- . . . . . . .
SECTIO N20 Enf orcemen t . . . . . . . . . . . . . . . . . . . .
SECTION 21 Plans. . . . . . . . . . . . . . . . . . . . . .
SECTIO N 22 Effect Upon Existing Permits, AgreeTrents and Right s.
SECTION 23 Board of Adjustrren t. . . . . . . . . . . . . . . . . .
SECTION 24 Certificate of Occupancy . . . . . . . . . . . .
SECTION 25 Amendrrents . . . . . . . . . . . . . . . . . . . . .
SECTION 26 Violation and Penal tie s. . . . . . . . . . . . . . .
SECTION 27 Interpretation of Ordinance. . . . . . . . . . .
SECTION 28 Effe cti ve Date . . . . . . . . . . . . . . . . . . .
CITY OF SCHERTZ ZONJNG ORDINANCE
(,~. ()~ 3
J~q C(
:J:t/3/
PAGE NO.
1
1
1
6
7
7
8
8
9
9
10
10
12
,13
14
16
18
20
23
26
26
26
27
27
28
29
31
32
33
34
34
AN ORDINANCE establish in g Zoning Regulations and Dividing the City of
Schertz into Districts in accordance with a comprehensive Plan ani Regulating
The use and height of buDding" the size of yeards" tre density of population"
adopting a zoning map showing the lL~ation and boundarie s of tte various dis-
tricts and use areas, and providing for exceptions, and issuance of licenses"
met},ods of enforcements, interpretation of' zoning map, a Board of Adjustrrent ,
l(;H
prescribing its dities and operation, zoning of new territory upon eJlitension
of City Limits, penalties for violation, future changes and arrendrrents, de-
fining various tenns and words used in the ordinance, providing a savin g clause
and fixing effective date.
BE IT ORDAINED BY THE CITY CCUNCIL OF SCHERl'Z, 'lEXAS:
PART 1: ENACTMENT QND DEFINITIONS
SECTION 1.
ENACTMENT
Section 1-1 Short Title. This ordinance shall be known and may be cit ed as
~The Zoning Ordinance of the City of Schertz".
1-2 Severability of Chapter. If for any reason any me or TlDre
sections, sentences, clauses, or parts of this chapter are hel d invalid,
such judbu':;~Jt shall not effect, impair or invalidate tre remaining provisions
of this ordinance but shallbbe confined in its operation to tte specific sections,
sentences, clauses or parts of this chapter held invalid and the invalidity of .
any sectiOn, s.entence, clause or part of this chapter in anyone or more instances
shall not ai'fect or prejudice in any way the validity of this chapter in any
other instance.
1-3 Adoption of Legislative Grant of Power. Articles lOllA throtgh
lOllk of tre .L\::v.i.sed Civil Statutes of the State of Texas are tereby adopted
and the provisions of this chapter are adopted in the exercise of tte power
granted to municipalities by such statutes.
SECTION 2. DE.FJJUTIONS
SECTION 2-1. For the purpose of this ordinance, certain terms and wor ds are
hereby defined. Words used in the present tense shall include the future;
the sigular nUll1ber shall include the plural and the plural tte singular;
the word "Building" shall include tte word "structure" and the word "shall"
is mandatory and not directory. The word "lot" shall in clude the word "plotll
"Premise", "Tract", and "Parcel" and except whe n specifically stated otherwise
shall mean a building lot.
2-2 Accessory Use: An accessory use or building is a subordinate
use or buildi ng customarily in ci den t to and located on the same lot occupied
by the main use or building.
2-3 Alley: A way which affc:rds cnly a secondary neans of access to
property abutt.mg ther eon.
2-4 Apartnerrt: A ro om or suite of rooms intended, designed, cr used
as a residence by a single family.
2-5 Apartnent Hotel: A building designed for or containins both
aparrtnents and individual guest rooms or suites of rooms and apartnent and
in which may be furnished se~ces ord"narily furnished by hotels.
I
2-6 Apartment House: See Dwelling, Multiple.
2-7 Baserrent: A story haVing part blt not more than one-half (1/2) of
its height above grade and used for storage, garages for use by occupants c:f tiE
building, janitor or watchman quarters, or other utilities common for t re rest
of the building. A basenent used for the above purpose shall not be counted
as a story.
,---;
I
I 1
l_-,
',..,~ "
169
2-8 Boarding House: A Building other than a hote11'\Trere, for comJen-
sat~on and by arrangerrlOmt, meals or lodGing and meals are provided for trree
(3) or more, but not exceeding twenty (20) persons.
2-9 Building: Any structure desii"~ned or built for the support, en-
closure, shelter, or protection of persons, animals, chattels or property of
any kind.
2-10 Building, Heii3ht of: The veC'tical distance from the grade to the
highest point of the coping at' a flat roof or to the deck line of a mansard
roof, or the me an height level between eaves an d rid Ge for~able, hi.p and
bambrel roofs.
2-11 Clinic: An establishment 1'\There patients, who are not lodged over- '
night, are admitted for examination and treatment by a group of physl_cians
practicing medicine together.
2-12 Club: A buHding or port~on thereof or premises owre d or operated
by a corporation, associati on, person or pers0ns for a social, educational or
recreational purpose, but not primarily for profit or to render a servic e 1mich
is cu.stomarily carried on as a business.
2-13 District: Any section of tre City of Sch3rtz for ..Thich tffi zoning
regulations govem:ing the use of buildings and premises, tre height of buildings,
the size of yards, and the intensity of use are uniform.
2-14 Dwelling: Any building or portion thereof which is designed for
or used for residen tial purposes.
2-11) Dwelling, Single-Family: A building designed for oroccupied
exclusively by one tl) family.,
2-16 Dwelling, Two-Family: A building designed far or occupied
exclusively by two t2) families.
2-17 Dwell:ing1 Multiple: A building designe d for or occupied
exclusively by three (3) or more families.
2-18 Family: One or more persons occupying a d1'1elling am living as a
single housekeeping unit and dobg their own cooking on the premises, as distin-
guished from a group occupying a bnarding house, lodging house, or hotel as
herein defined.
2-19 Filling Station; Any building, structure, or land used for the
dispens:ing, sale or offering for sale at retail of any automobilE:> fuels, oils or
accessories, inclllding lubrication of automobiles and replacemeD t or instaJlation
or minor parts and accessories but not including major repair war k suc h as motor
replacenent, body and finder repair or spray paint:ing.
2-20 Frontao.;e: All the property on one side of a street between two
intersect; ng streets (crossing or terMinating), measured aloog the line of the
street, or if the street is dead ended, then all of tbeproperty abu ttm r: on ooe
side between an intersecting street and the dead end of the street.
2-21 Garage 1 Private: An accessory building designed or used far the
storage of not more than four (4) motor-Driven vehicles o:med and used by the
occupants of the building to which it is accessory. Not more than one (1) of
the vehicles may be a co;.,-mercj al vehicle of not more than two (2) ton capacity.
170
2-22 Garage, Public: A building or portion thereof, other than a pri-
vate or storage garage, designed or used for equipping, servicing, repairing,
hiring, selling or storing motor-driven vehicles.
.1
2-23 Garage Storage or Parking: A building or portion the reof designed
or used exclusively lor term st(]["age by pre-arrangement of motor-driven v€lhic1es,
as distinguish3d from daily storage furnisred transients, and within which motor
fuels and oils may be sold, but no motor-driven vehicles are equipped, repaired,
hired or sold.
2-24 Grade:
A. For buildings having walls adjoining ene street C111y, the elevat:i.on of the
property line at the center of the wall ad,joining the street.
B. For buildings having walls adjoining more than one street, the averao,-e of tte
elevation of the property lines at the centers of all walls adjoinirls the streets.
C. For buildings having no wall adjoining the street, the average level of the
finished surface of the ground adjacent to the exterior walls of the buildi~.
2-21) Height: The height of a wilding or portion of a building shan be
rreasured from the established grade to the higrest point of the roof's surface if
a flat surface; to the decl~ line of mansard roofs, an d to the main height level
between eaves and ridge for hip and gable roof. In measuring the height of a
building the follow"ng structures shall be excluded: Chimneys, cooling towers,
elevator bulkheads, penthouses, tanks, water tower:s, radio towers, ornaTnEmtal
cupolas, domes, signs, spires and parapet walls not exceeding four feet in height.
r
I
.1
'1
2-26 Home Occupation: Any occupation or act,ivity carried on by a
member of the immediate family, residing on the premises, in connection with
which there is used no sign other than a name plate not more than O1e (1) square
foot in area, or no display that will indicate from the exterior that tre wild-
ing is being utilized in part for any purpose .other than that of a dwelling;
there is no c071modi ty sold upon the premises; no person is employed othe l' than
a member of the immediate family residing. on the premises; and no rrechanical
equipment is used except of a type that is s:' milar to character to that normally
used for purely domestic or household purposes.
Home occupat on shall include the use of premises bya:;physician, surgAon, den-
tist, lawyer, clergyman or other professional person for consultation or erergen cy
treatrrent, but not for the general practice of his profession.
2-27 Hotel: A bUilding in which lodging or boarding and lodging are
providti.d and o1'l"ered to the public for compensation and in which ingress and
egress to and from all rooms is made through an inside lobby or office super-
vised by a person in charge at all hans, and as such is open to the public.
2-28 Institution: A building occupied by a non-profit corp(]["ation cr
a non-profit establishment for public use.
2-29 Loading Space: A space within the main building or on the same
lot therewith, providing for the standing, loading or unloading of trucks, am
having a minimum dimension of 12 by 3tJ feet and a vertical cle arance of at least
14 feet.
.
.
2 - 30 Lodgin g House j A building othe r tha n a
three (J) or more persons is provided for compensation
arrangement an d not to anyone wh 0 may apply.
171
hotel where 10rJging for
pursuant to previous
2-31 Lot: A percel of la nd occupied or intended for occupancy by a use
pemi tted in this ordinance, including one (1) main building together 1.vith its
accessory buildings, the open spaces and parking spaces required by th.is
ordinance, and having its principal frontage upon a street or upon an officia~ ly
approved place.
2-32 Lot~ Corner: A lot abuttin~ upon two (2) or more streets at their
intersection.
2-33 LotI Double Frontage: . A lot having a fronta~e on two (2) non-
intersectin~ streets as disti nguished from a c orner lot.
2-34 Lot of Record:
which has been recorded in the
or a parcel of land, the deed
Clerk of Guadalupe County.
A lot which is part of a subdiv ision, the map of
office of too County Clerk of Guadalupe County;
of 1.vhich was recorded in too office of too County
2-35 Motor Court or motel: A build:i1lg or group of build:ings used fer
the temporary residence 01' m()torists or travelers.
2-36 Non-C onforming Use: The use of Ian d or a building, or portio n
thereof, which use doe s not conform with the use regulat-i ons of the clis trict in
which it is situated.
2-37 Parking Area: An open, unoccupied space used or required for use
for parking of automobiles exclusively and in Hhich no gasolire or automobile.
accessories are sold or no other business is conducted and no fees are char ged.
2-38 Parking Space: A .surfaced area, enclosed in the main building of
in an accessory building, or unenclosed, havinr: an area of not le ss than me
hundred and eighty (180) square feet exclusive of driveways, permanently reserved
for the storage of one automobile an d connected with a street or all ey by a sur-
faced driveway which affords satisfactory ingress and egress.
2-39 Place: An open unoccupied space or a public or pri vate thorough-
fare other than a street or alley permanently reserved as the principal rreans of
access to abutUn;,: property.
2-40 Roomin g House: See Lodging House.
2-41 Story: That portion of a, build:ing, ather than a baserrent, included
bebreen the surface of any floor and the surface of the floor next above it or,
if ttere be no floor above it, then the space bet'lrreen the floor and tre ceil:ing
next above it.
2-42 story, Half: A p2r-tial story under a gable, hip or i7,ambrel roof,
the wall plates or w10ich on at least two opposite exterior walls are not nnre "than
four feet a,jove the floor of S11Ch story, except that any partial story used for
resirlence purposes, other than for a janitor or caretake/f." or l"'is far1ily, or by
a family occupyinr the rloor immediately belry.vit, shall be deemed a full story.
2-43 Street: A public or private t}'oroughfare 'VJhich affords the prin-
cipal means of access t() abutt.jni'" . 9roperty.
2-44 Street Line: A dividin g line between a lot, tract or parcel of
land and a contiguous street.
172
2-45 Structure: Anything constructed or erected, th:! use of which
requires more or less permanent location on the ground or attacre d to sane thing
having a permanent location on the ground, including, but without limiting the
generality of the foregoi.1lg, advertising signs, billboards, back stops for
tennis courts, and arbors.
I
i
2-46 structural A1 terations: Any change which wOllld tend to prolong
the life of a supporting rrember 01' a structure such as bearing walls, columns,
beams or girders.
2-47 Tourist Hone: A building other th an a hotel where lodgin g is
provided and off'ered to the public for compensation for not more than twenty
(20) individuals and open to transient guests.
2-48 Tourist or Trailer Camp: An area whe re one (1) or mare ten ts or
Auto trailers can be or are il1tended to lJe psrked, designed or intended to be
used as temporary livinR facilities of one (1) or more families, and intended
primarily for automobile transients.
2-49 Yard: An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure f'mm the
ground upward, except as otherwise provided herein. In measurinp. a yard for t~
purpose of determining the width of a side yard, the depth of a froot yard or the
depth of the rear yard, the mi.nimum horizontal distance between the lot line and
the main buildj n g shall be used.
2-~0 YardJ Front: A yard extendin g across the front of a lot between
the side lot lines, and b€!ine the minimum horizontal di stance between the street
of place line and th8 main build 'ng or any projections thereof ather than the
projections of the usual uncovered stops, uncovered balconies, or uncovered
porch. On corner lots the front yard shall be considered as parallel to the
street upon which the lot ha sits least dimension.
2-~ 3Yaro, Rear: A yard extending across the rear of a lot and being
the required minimum horizontal distance between the rear lot l:ine and the rear
of the main buildj ng or any projections the reof otter than tre pr ojections of
uncovered steps, unenclosed balconies or unenclosed porches. On all lots the
rear yard shall be in the rear of the frrnt yard.
I
i
'I
2-1)2 Yard, Side: A yard between tl:e main wi1ding and the si?e lire d
the lot, and extending from the required froo t yard to tre required rear yard"
and being the minimum horizontal di.stance between a side lot line and too side
of the main buildings or any projections thereto.
SECTION 3. ESTABLIsmIDiT OF DISTRICTS .AND BOUNDARIES
SECTION 3-1 For the :purposes of this ordinance, the City d Scmrtz is hereby
divided into eight (e) districts as follows:
R-l Single Family Dwelling District
R-2 Single Family Dwelling District
R-3 Two-Family Dwelling District
R-4 Multiple Dwelling District
0-1 Local Business District
C-2 General Business District
M-l Restricted Industrial District
M-2 IndiBtrial District
--,
I
_.J
...
...~..'~..
"
,:' I " ,:' ~1
1t"13
3-2 The locati~n and boundaries of the distric ts lErein extabli slE dare
shown upon the official zoning map, which is hereby incorporatec1 into and made a
part of tris ordinance. Said Zoning }1ap, together with all notations, references
and other information shown thereon and all amendrrents thereto, shall be as much
a part I)f this ordi..nance as if fully set forth and described herein. Which Zonil1?;
District Map, Properly Attested is on file in the office of tbe City Secretary.
SECTION 4.
RULES FUR THE INTERPRETATION OF DISTRICT BOUNDARIES
'^There uncertainty exists wit h respect to the fou ndaries of any of tte aforesaid
Districts as shown on the Zonin g Nap, the following rule s shall apply:
4-1 ~{here District Boundaries are ~ndicated as approximately followirg
a street or highway rip;ht-of-lvay line s, such line s shall be c0nstrued to be such
boundarie s .
4-2 Where district boundarie s are so indicated that they approximat.ely
follow the lot line s, such lot lines shall be, con strued to be sai::J boundar:ie s.
4-3 1rfuere district boundaries are so indicated that they are anproxi-
mately parallel to the center 1 ine s or street 1 in8 s of streets, or tffi center
lims of right-of-way lines of highways, such district boundaries sha-il be
construed as bej ng parallel the reto and at SllC h distance tre refrom as indicated
on the Zoning Map. If no d:i stance is gi. ven, such dimension sraD re determi.ned
by the use of the scale on said Zoning Map.
4-4 In unsubdi vided property, ;the dis trict boundary line s on the Zen ~
Map shall be determined by use of the scale appear' q; on the map.
4-5 In the case of a district boundary line diViding a property into
two parts, the dist1"ict boundary line shall be cmstrued to be the property l:ire
nearest the less restricted district.
4-6 v-Thenever any street, alley or other public way is 'facated by official
action of the City Council, the Zoning District adjoining each side of such
street, alley or public way shall be automatically extended to the center of such
vacation and all area inc.l uded in the vacation shall then and henceforth be sub-
ject to all regulatjons of the extended districts.
SECTION 5.
COMPLIANCE ~NIT H THE R.EGULATIONS
.
Except as hereinafter specifically provided:
SECTION ~-l No land shall be used except for a purpose permitted in the district
in which it is located.
tJ-? No build'; ng shall be erected, converted, enlarged, recr)Dstructed,
moved or structurally altered, nor shall any building, be used, except for a use
permitted in the district in wr'ci ch s1Jch building is located.
tJ-3 No building shall be erected, converted, enlarGed, recons true ted
or structurally altered to exceed the height limit herein established for the
district in which such building is located.
tJ-4 No building shall be erected, converted, enlarged, recons t$ucted or
structurally altered except in conf ormity with tre area regulations of tre dis-
trict in which such building is located.
5-5 No building shall be erected, or structurally altered to the extent
specifically provided hereinafter except in conformity with the off-street parking
and loading regulations of tee di strict in which such building is located.
~
174
1)-6 The minimum yards, parkinfS spaces, and open spaces, :includj.r.g lot
area per family, required by this ordinance far each and every b1Jilding existing
at the tine of passage of this ordinance or for any building hereafter erected,
shall not be encroached upon or considered as part of the yard or parking space
or open space required for any other building, nor shall any lot area be reduced
below the requirements of this ord:inance for tre district in which such lot is
located.
]
5-1 Every build-ing hereafter erected or structurally altered shall be
located on a lot as herein def:ine d; and, except as ooreinafter IX' ovid ed, there
shall not be more than one main build:ing on one lot.
PART );I: DISTRICT USE AND A...~A REGULATIONS
SECTION 6 "R-l" SINGLE-FAMILY D\VELLING DISTRICT
Section 6-1 The regulations set forth :in thi. s section or set forth elsewl1:n'8
in this ordinance woon referred to in this section, are the regulations :in the
"R-l" Single-Family Dwelling District.
6-2 Use Regulations. A building or premise shall be used only fer the
following purposes:
A. o.ne-Family Dwelling.
B. Farming and truck gardenin~ and orchards provided that any structure or
enclosure for the shelter of livestock and poultry shall be 10cater3 not less
than 200. feet from any street or lot line.
C. Publicly owned or operated park, playground or co'11lUJlity buildi_ll?;, museum,
library or art gallery.
D. Church or other place of worship or Sunday School.
E. 'Public or Denominational Elementary and High Schoo:J" or a pri. vate scho 01
hav:ing a curriculum the same as ordinarily given in a public school.
F. Country Club or Golf Course, except a golf ccurse or miniature course or
Practice Driving Tee operated for. commercial purposes.
G. Home occupation incidental to a permitted use provided such occupatiGlns are
conducted in the main building and only by a pe reon resident of said building.
H. Accessory Building or use, including a private garage customarily incident to
the above uses, but not involVing too conduct of a business.
I. A church or Public Bulletin Board or Temporary sign appertaining to the lease,
hire or sale of a building or premise, which sign or bulletin board shall not
exceed 10. square feet in area.
6-3 Height and Area Regulations: The height and area regulations set
forth in Section s 14 and 15 shall be provided.
6-4 Parking ReFations: o.ff-street parking space shall 3M provided in
accordance with the reqmrements for specific uses set forth in Section 16.
SECTIo.N 7.
"R-2" Single-FAMTI.Y IMELLJNG DISTRIC T
Section 1-1 The regulations set forth in this section or set forth elsewhe re in
this ordinance when referred to in this section, are the regulations in the
"R-2~' Single-Family Dwelling Distritts.
.
, +,;#1
175
7-2 Use Regulations: A building or premises shall be used on:ty for tl'e
following purposes: Any use pemi tted in the "R_l" Single-Family (!'tvell ing Distrlc t.
7-3 Height and Area Regulations: The height and area regulations set
forth in Sections 14 and 15 shall be provi.ded.
7-4 Parking Regulations: Off-street parking spaces shall IE provided
in accordance With the requirerrents for sp3 cific uses set forth in Section 16.
SECTION 8.
"R-3" Two-Family Dwellin~ District
Section 8-1 The regulations set forth in this section or set forth el sewte re in.
this ordinance wren referred to in this section are the regulations in the "R-3"
Two-Family Dwelling District.
8-2 Use Regulations: A building or premises shall be used only fer the
following purposes.
A. Any use permitted in the "R-2" Single Family Dwelling District.
B. Two-Family Dwelling.
8-3 Height and Area Regulations: The height and area regulations set.
forth in Sections 14 and 15 shall be provided.
8-4 Parking Regulations: Off-Street parkin~ spaces shall be provided in
accordance with the requirements 1'or spe cific uses set forth ih Sect-i on 16.
SECTION 9.
"R-4" Multiple Dwell in s District,
Section 9-1 The regulations set forth in this section or' set forth elsewre re in
this ordinance 'I.men referred to in this sectj on are the regulatjons in the "R_4"
Multiple Dwelling District.
9-2 Use Regll~atjons: A bunding or premises shall be used Cl11y for' tm
following purposes:
A. Any use permitted in the R-3 'fim-Family Dwelline; District.
B. Multiple Dwelling.
C. Institution of a religious, educational, charitable or philanthropic nature,.
but not a penal or mental institution.
D. Hospital or sanitarium, except a criminal, mental or animal Hospital.
E. Nursin e; or canvale scent Home.
F. Private Club, Fraternity, sorority or lodge, exceptin':~ one the chief activity
of which is a service customarily carried on as a business.
G. Accessory :3lljlding or use customarily .incidental to any of the above uses,
including a storage garage on a lot occupied b:r a multiple awelling, hospital
or institution.
9-3 Height and Area Regulations: The might and area req1Jirements set
forth in Sections 14 and IS shall be observed.
9-4 Parking Reg'llations: Off-Street parking spaces shall te pro'fided in
accordance with the requirements fen:- specific uses set forth in Section 16.
.
176
SECTION 10.
"C_l" LOCAL BUSINESS DISTRICT
Section 10-1 The regulations set forth in this sect5 on or set forth elsewhere in
this Ordinance when referred to in this aectjon are the ltC_lIt Local Bus5.ness
District.
-1
10-2 Use Regulations: A building or premise shall be used only for
the following purposes:
A. Any use permitted in the "R-4" Multiple Dwelling District.
B. Advertising signs used in connection with a cOl1lllercial establishment.
C. Automobile Parking Lot.
D. Bank.
E. Bakery but only when the products are sold at retail on the premises.
F. Display room for nerchandise to be sold at wholesale where nerchandise sold
is stored elsewhere.
G. Clinic
H. Dressmaking, Tailoring, Shoe Repairing, Repair of Household appliances am
bicycles, catering4: dry cleaning and pressing, barber shops, beauty parlors,
photographic or artist studios, nessengers, taxicabs, newspaper or telegraphic
service stations, dry cleaning receiving stations, restaurants, and other personal
service uses of sa similar character.
K.
Private SchoOls.
:
I
:
I
_.J
L. Retail Store, in Connection with such store, there ;3hall be no slaughtering
of animals or poultry on the premises.
M. Laundromat.
N. Undertaking Business or Establishnent.
o. Florist Shop or Greenhouse.
P. Dancing or Music AcadeIl\Y'.
Q. Frozen Food Locker.
R. Hotel.
S. Motel or Tourist Home.
T. Parking or Public Gargae.
U. Theaters (except Drive-in Theater).
V. Used car sale s or stora2;e lot when located at Ie ast 100 feet from an y "RIt
District.
w. Any other local business use supplying the everyday shopping needs of
immediate neighborhood and subject to the follow"ng c0ndi ti6ns:
(1) That it be conducted wholly within an enclosed build~.
--
/.,'..
.,~~'W
'f't.
177
(2) That required yards be not used for display, sall'; or storage of merchandise,
or for the storage of v'!hicles, eq\1ipment, containers or waste material.
(3) That all merchal1dise be first-Hand ano be sold at retail on t he premises.
(4) That such use be not objectionable because of odor, excessive light; ~moke,
dust, noise, vibration, presence of verm511 or rodents, or Sl milar nuisance.
~estionable uses s all be ~uled on by the Zoning Board of Adjustment.
10-) Height and Area Regulations; The height and area regulations
set forth in Sections 14 and 15 be provideo and in adm_tion every build-
ing or portion thereof used separately for dwelling purposes shall comply with
the side and rear yard and lot area per family requirements of the R-4 Multi-
Family Residence District.
10-4 Parking and Loading Regulations: Off-street parkir:g and loading
spaces shall be provided in accordance with the req'lirements for specific uses
set forth in Section 16.
SECTION 11.
ItC_21t General Business District
Section 11-1 The regulations set forth ,in t his section or set forth el sewlE re
in this ordinance when referred to in this section are the regulations in th3
C-2 General Business District.
11-2 Use Regulations. A building or premises shall '-'e used only, for
the following purposes:
A. Any use permitted in the C-l Local Bus~ness District.
B. Auto repair Garage and seat covers.
C. Bakeries.
D. Printing or Engraving Plants.
E. Candy Manufacturing.
F. Carpenter Shop.
G. Cleaning and Dyeing Plants.
H. Engraving.
I. ~'lholesale Establishments.
J. Jewelry Hanufacturing.
K. Lumber and Building Materials Yards.
L. Creamery, Ice Cream Manufacturing ann. Dairy Operations.
M. Ivarehouses.
N. Ice Plants.
O. Tire Shops
P. Automobile or Trailer Display and Sales Rooms.
178
Q. Business or Commercial School.
R. F,arm Implerrent Display and Sales Room.
T. Radio or Television Broadcasting Station or Studio.
-l
_J
S. l'J.lk Distributing Station.
U. VeteriBarian or Animal Hospital or Riding Academy Provided that no such
building, tennel or exercise runway shall be cl oser than 100 feet to any
"R" District.
V. Any similar uses which are not likely to create any more offensive noise,
vibration, dust, heat, smoke, odor, glare, or other objectionable influences
than the minimum amount normally res1Jlting from ather uses !E mitted, such
permitted uses being generally wholesale an d retail trade, service industries
and light industries that manufacture, process, store and distribute goods
and materials and are in general dependent on raw materials refined elsewrere.
(Questionable uses shall be ruled upon by the Zoning Board of Adjustl1Blt.)
11-3 Height and Area Regulations. Tre height and area regulations set
forth in Sections 14 and 15 shall be provided and in addition every Building
or portion thereof used for dwelling purposes shall comply with tre side and
rear yard and lot area per family req1Jirements of tre R-4 Multiple Dwelling
District.
11-4 Parking and Loading Regulations: Off -street loadin g spaces
shall be provided in accordance with tre reqll ire rren ts of Section 16.
SECTION 12
"M-1" RESTRICTED INDUSTT7.IAL DISTRICT
-,
1
~
Section 12-1 The regulations set forth in fuis section or set forth e1sewl'E re
in this ordinance when referred to in this section are the regulations in the
"M-l" Restricted Industrial District.
12-2 Use Regulations. A building or premises shall be used only for
the following purposes:
A. Any use permitted in the C-2 General Business District except, whenever 40
per cent or more Of a block or tract of land in the 11-1 District is vacant
or occupied by structures tha t are of non-residential use, toon no new
residential units may be permitted within that block or tract.
B
B. Apparel and other products assembled from fin ished. textiles.
c. BottJ.ing works.
D. Carting, Express, Hauling or Storage Yard.
E. Cosmetic Manufacture.
F. Contractor's Yard.
G. Drugs and Pharmaceutical Products Manufacturing.
H. Electronic Products Assembly.
[. Glass Products, from previously manufactured glass.
I
,,".
17H
J. Household aopliance products assembly and manufac~1re from prefabricated
parts.
K. Musical Instruments assembly and manufacture.
L. Plastic products manufacture, but not including too process in:~ of raw
materials.
M. Petroleum storage, but only after the location and treatment of tte premises
N. Drive-in Theaters.
O. Sporting and Athletic Equipment manufacture.
P. Industrial and manufacturing plants ,including the processing or assembling
of parts for production of finished equipment wrere the process af manufacturing
or treatnlOmt of materials is such that only a nominal amount of dust, odor, gas
smoke or noise is emitted and not more than ten (10) per cent of the lot or
tract is used for the open storaCte of products, materials or eqllipment.
Q. Testine and research Laboratories.
R. Ttlood Yard.
12-3 Height and Area /legulations: The heig.,.t and area reR:ulations
set forth in Sections 14 and IS shall be nrovided and in add:itiof1 any building
that may be used for dwelling purposes shall comply wiU tre side and rear
yard and lot area per family regulations of the R-4 Hulti-Family Residence
District.
12-4 Parking and Loading P..et;1'lat.; ons: Off -streAt parking and loading
spaces shall be provided in accordance with the reqllirements for specific uses
set forth in Section 16.
SECTION 13 "M-2"
INDUSTRIAL DISTRICT
Section 13-1 The regulations set forth in thi;::; section or set forth else1.me re
in this Ordinance when referred to in this section are the regulations in tre
H-2 Industrial District.
13-2 Use Regulations. Any build:ing or premises may 00 used for any
purpose not in conflict with any ordinance of too City of Sche rtz regulating
nuisances; provided, however, that no bnildj.ng sb.alltE erected, recons tructed,
or structurally altered for residential purposes, except for resident watchnen
and caretakers employed on the premises; and provided further that no building
or occupancy permit shall be issued for any of the follow:ing uses until and
unless the location of such use shall have been approved by the City Council
after report by the Hayor and. the Fire Harshall;
A. Acid Manufacture.
B. Cement, L:ine, Gypsum or Plaster of Paris Hanufacture.
C. Distillation of Bones and Glue Manufacture.
D. Explosives Manufacture or storage.
E. Fat Rendering and Fertilizer Hanufacture.
F. Garbage, offal, or dead animals, reduction or dumping.
1RO
G. Petroleum, or its products, refining of.
H. Smelting of Tin, copper, zinc, or iron ores, and other metals.
I. Stockyards or Slaughter of Animals.
J. Auto wrecking yards and junk yards but only when the premises upon which
such activities are conducted are wholly enclosed wi thin a building or by a
wooden fence not less than eight (8) feet in height and in which too openings or,
cracks are less than fifteen (Ie)) per cent of the total area.
K. Outdoor advertising signs, except that they shall not be within five hundred
(~OO) feet of any R-l, R-2, or R-3, or R-4 District.
L. Gravel Ex:cavat:i on and Open Land Min ing.
13-3 Height and Area Regulations: The height and area regulations set
forth in Sections 14 and IS shall be observed.
13-4 Parking and Loading Regulations: Off-street parking aoo loading
spaces shall be provided in accordance with the requirements for sre c~ fic uses
set forth in Section 16.
---,
;'i.:1
~---I
3ECTION 14 HEIGHT Mol}) AREA REQ-ITRENENTS
Yard
Maximum Height Minimum Lot Either Aggregates of
District Type of Use Stories Feet Area Width Depth Front Rear Side Side Yards
"R_l" Single-Family Dwelling 2-1/2 35 7200 60' 120' 30' 20 ' 6' 14'
Accessory Uses
"R-2" = Single-Family Dwelling 2-1/2 35 6000 50' lOa' 25' lC;' I)' 12 '
Accessory Uses
"R- 3 It Single Famil;Jr Dwelling 6000 50' laO'
~~o-Family Dwelling 2-1/2 3tJ 6000 50' 100' 21)' 1 c;' 5' 12 '
Acessory Uses
.
"R-4" Single Family Dwellmg 6000 50' lOa'
Two-Family Dwelling 3 45(1) 6000 1)0' lOa' 25' lt5' 51 12 ,
Multiple-Family Dwelling 2000 1)0' 100'
Accessory Uses . per/Unit
lie _I" Residential Uses Same 3 45(1) Same as "R-4" 25' C;, 12'
as "R-4"
Local Business None -- . -.= 25' Nooe(J) 0--( 2) NCt:le
II
"C-2" Residential Uses Sam3 (1) Sa.rre as "H.-4" 25' IS' C;I 12 '
As "R-4"
General Business 10 l21)( 5) None - -- None (4) --(3) --(2) None
"M-l" qesidential Use Re- (1) S alffi as "11.-4" 21)' 11)' ~I 12 '
stricted as "R-4"
Restricted Industrial 8 100(6) None --- Ncne(4) --- (J ) -- None
"M-2" Industrial 8 100(6) None - None --(3 ) --(2) None
ResidentiB.l Use
Not Pemitted
~
00
~
( ]
L_.____J
r I
l ___~_._J
I
L.
(1) A building may be erected to a height of eight stories am 100 feet if set back from all reqllired
yard lines a distance of 1 foot for each two feet of additional height above 4~ feet.
(2) No side yard shall be required except that a side yard of not less than 6 feet in width shall be
provided on the side of a lot adjoining a residential district.
(3) No rear yard reqired except that a rear yard of not Ie ss than l~ feet in depth Ehall be !X'ovided
upon that portion of a lot abutting upon a residential district.
'!
(4) No front yard or set back is req'ired except where a lot adjoins a residential dis trict, in wh:ic h
instance the front yard in the residential district shall be provided for a distance of not less
than 2~ feet from the boundary of said residential district.
~ .'1
(5) Buildings may exceedd ten stories or 12~ feet if set back 1 foot for every 2 feet of height abare
l2~ feet but in no case shall the height of a build:i.ng exceed the to tal of tre street width on WAtch
it faces plus the depth of tl'e front yard.
..
..
~~';'
.~
t:;;",f...
(6) 1.vhenever a building in an "M-I" district adjoins or abuts a residential district, soch wildirg
shall not exceed three stories or 4~ feet in height unless it is set back 1 foot from~,the requi.red
side and rear yard lines for each foot of addi tional hei~t above 4~ feet.
~
00
.,-l
183
SECTION 1 ~ HEIGHT AND AREA EXCEPTIONS AND Ic10DIFICATTONS
Section 1)-1 Height.
A. The heiGht regu.18tjons prescribed herein shall not aoply to television am
radio towers, church spires, belfrie~, monuments, tanks, water and fire
towers, sta~e towers or scenery lofts, cooling towers, ornamental towers
and spires, chimneys, elevator bulkheads, smoke-stacks, conveyors arrl flag
poles.
B. Public, semi-public or public service buildings, hospitals, institutions
or schools, where permitted, may be erected to a height not exceeding 60
feet and churches and temples maj" be erected to a heii"?P t not exceeding 7rJ
feet when the required side and rear yards are each increased by one foot
for each foot of additional building height above the heir;ht rer:;ulaticn s for
the district in which the buildin g is located.
C. The limitation on number of stories shall not aoply to buildings used
exclusively for storage purposes provided smh buildings do not exceed tre
height in feet permitted in the dist.rict in v.rhich they are located.
lrJ-2 Front Yards.
A. When 40 per cent or more of the frontap;e on one side of tffi street betrJeen
two intersecting streets is improved 1,vith buildings that have a front yard
which is greater or less than the req',ired front yard in the district, no
building shall project beyond the average fron t yard ,60 established; pro-
vided, however, that a front yard depth shall not be reql1i red to exceed rJO
per cent in excess of the front yard otherwise reqnired in the district in
which the lot is located.
B. On lots having double frontage the reqllired fron t yard shall be provided
on both streets.
C. In a residential district no fence, structure, or planting higher than
three and one-half feet above the established strpet grades shall be maintained
~rithin 20 feet of any street intersection.
D. An open, uncovered porch or paved terrace may project into a required front
yard for a distance of not more than 10 feet, but this shall not be interpreted
to inc1ude or permit fixed canopies.
E. Filling station pumps and pump islands may be located within a required
yard provided they are not less than 1'-; feet from any property line and not
less than 50 feet from the boundary of any residential district.
F. Off-street parking facilities may be located ..r.ithin the reqllired front
yard of any C or M District but shall not be nearer than rJO feet to any R
District and no off-street parking shall be permitted in the required front
yard of any R District.
lrJ-3 Side Yards.
A. On a corner lot the width of the yard along the side street shall not
be less than any required front yard on such street, provided, however, that
the buildable width of a lot of record shall not be reduced to less than 32
feet.
B. No Accessory Build; np; shall project beyond a reqllired yard line al ong any
street.
184
c. 1.Jhere dwelling units are erected above commercial establishnent, no side
yard is reqnired except when required far the comnercial building on the side
of a lot adjoining a residential district.
D. A porte-cochere or canopy may project into a required side yard provided
every part of such porte-cochere or canopy is unenclosed and not 18 ss than
five feet from any side lot line.
-I
E. For the purpose of side yard regulations, a two-family dwell:in g or multiple
dwelling shall be ccnsidered as one building occupying one lot.
F. Where a lot of record at the tine of the effective date of the OrdJnance
is less than 50'feet in width the required side yard may be recud.ed to 10
per cent of the width of the lot, provided, however, that no side yard shall
be less than three feet.
G. COl1ll'l1UI1ity Buildings, museums, libraries, art galler:ie s and ot her permit ted
public buildings shall be located not less than 40 feet from any side lot
line when locateft in an R-l residence district.
H. Churches shall be lcx:ated not Ie ss than 50 feet from any side lot line wre n
located in an R-l Residence District.
I. A public or denominational Elementary or High School or Private School
shall be located not less than 1~0 feet from any side lot line vtlen located
in the R-l residence district.
11)-4 Rear Yards.
A. Where a. lot ab1ts upon an alley, one-half the alley width may be considered
as part of the required rear yard.
_J
B. An accessory building not exceeding 20 feet in heif!ht may occupy
not to exceed 30 per cent of areq11ired rear yard and unenclosed park:ing
spaces may occupy not to exceed 90 per cent of the area of a reqllired rear
yard but no accessory buildin~ shall be closer than 10 feet to the main
building nor closer than three feet to any rear lot line.
C. The ordinary project ons of sills, belt courses, cornices and ornamental
features may extend to a distance not to exceed 18 inches int 0 a required
yard.
D. Open or la ttice-enclosed fire escapes, outside stairways and balcen ies
opening upon fire tpwers, and the ordinary projections of chimneys and n ues
into a rear yard may be permitted by tre building inspector for a distance
not to exceed five feet wren these are so placed as not to obstruct light
and ventilation.
15-5 Lot Area Per Family:: Wrere a lot of record at the time of the
effective date 01" this ordi:1ance has less area or width than herein required
in the district in which it is located, and the owner of such lot does not
own any other parcel or tract adjacent thereto, said lot may be used for a
one-Family dwelling or for any non-dwelling use permitted in the district in
which it is located.
S~TJON 16 OFF-STREET PARKING AND LOADTNG REQTTIR.EMEl{TS
i
I
_--1
Section 16-1 In all Districts there shall be provided at tre ti 1'00 any build-
ing or structure is erected or structurally altered, off-street pa rking
spaces in accordance with the following ~
l' .cl"
""lUg, .
.~~, ..,i:;';'. .'
185
A. Dwellings, including single and two-family and multiple-family: One
parking space for each d1..relling lmit.
B. Rooming or BoardinE" House: One parking space for, each two sleeping rooms.
C. Fraternity or Sorority: One Parking space for each six beds.
D. Private Club or Lodge: One parking space for every five rrembers.
E. Church or Temple: One Parking space for each six seats in the main audi-
torium.
F. School:(except high school or college): One Park:ing 3pace for each ten
seats in the auditorium or main assembly room, or one space far each classroom,
whichever is great~r.
G. College o~ Hi~h Schools: One Parking space for each eight seats in the
main auditorium or three spaces for each classroom, whichever is greater.
H. Country Club or Golf Club: One Parkintr space, for each five merrbers.
I. Comrmmity center, library, museum or art gall ery: Ten Park:ing spaces plus
one addi t-jonal space for each 300 square feet of floor area in excess of
2, )00 square feet.
J. Hospital: One parking space for - ach four beds.
K. Sanitori~" convalescent home, home for the aged or similar :in stitution:
One parking space for each six beds.
L. Theater or Auditorium (except school): One ParkinG space fer each five seats
or bench seating spaces.
M. Sports Arena, Stadium, or gymnasium: One pa rking spa ce for each five
seats or seating spaces.
N. Hotel: One parking space {'or each three sleeping rooms or suites plus
. one space for each 200 square feet of commercial floor area contained tl-E rein.
O. Tourist ,Home" cabin or motel: One parking s'Pace for each sleepinc::; rr)om or
sui te .
P. Dance Hall, Assembly or Exhibition Hall Hithout Fixed Jeats: One parkins-
space for each 100 square feet of floor area used therefor.
Q. Business or Professional Office, ~tudio, ~ank, Medical or Dental Clinic:
Three parkin P: spaces plus one additional parkin'" space for each 400 square
feet of floor area over 1,000.
R. Bowling Alley: Five pa rking spaces for each alley.
S. Hortuary or Fllneral Home: One parkin e; spa ce for each r;o square feet of
floor space in 31 umber rooms, parlors or individual fnm ra1 service rOOITE.
T. Restaurant, night club, cafe or sim.i.lar recreation or amusena1 t establi sh-
ment: One parking space for each 100 square feet of floor area.
V. 1etail store or Personal Service Establis\.,ment, except as othe rwise spe ci-
fied herein: One parking space for each 2~O square feet of floor area.
186
v. Furniture or Appliance Store, Hardware Store, I~Tholesale Establishments,
Machinery or Equipment Sales and Service, Clothinr or Shoe Repair or Service
Shop: Two parking spaces plus one additional parking space for each 300 square
feet ,of floor area over 1,000.
H. Printing or Plumbing Stop or 0imilar Service Eatablishment: One Park:i11g
Space for each three persons employed therein.
x. Manufacturing or Industrial Establishment, Research cr Testing Laboratcry"
Creamery" Bottling Plant" Warehouse or .::>imilar Establishment: One Parking space
for each two employees on the Maximum work:in f; shift plus space to accomodat.
all trucks and other vehicles used in connection therewith.
16-3 In Computing the number of suc h park:ing spaces required, tre
following rules shall govern:
A. "Floor Area" shall mean the gorss floor area of the specific use.
B. 1tlhere fractional spaces result, the parking spa ces reqllired shall be constru-
ed to be the nearest whole number.
C. The park:i11g space requirement for a use not specifically mentioned herein
shall be the same as reqlllred for a use of similar nature as determined by
the Zoning Board of adjustment.
D. Whenever a building or use ern structed or establi she dafter tre effective
date of this ordinance is chanryed or enlarged in fl oor area, number of employees,
number of dwell:i11g units, seating capacit y or otherwise, to create a reed for an-
increase of ten per cent or more in the number of existing park:ing spaces" such
spaces shall be pr ovided on the basis of the enlargement or change. ~-lhenever
a building or use existinE prior to the effective date of this ordinance is en-
larged in floor area or in the area used, said improvements or uses shall tren
and thereafter comply with the parking requirements set forth herein.
E. In the case of mixed uses, the parkin g spaces required shall equal the
sum of the requirements of the various uses computed separately.
16-4 All Parking spaces required herein shall be located 00 the sane
lot with the building or use served, except that where an increase in the
number of spaces is required by a change or enlargement of use or where such
spaces are provided collectively or used jointly by two or more buildings or
establishments, the required spaces may be located not to exceed 300 feet
front an institutional building served and not to exceed '500 feet from any
other non-residential building served.
A. Not more than '50 per cent of the parking spaces required for (1) theaters"
Bowling alleys, dance halls, night clubs or cafes, and up to 100 per cent of
the parking spaces required for a church or school auditorium may be provided
and used jointly by (2) Banks" offices, retail stores~ repair shops, service
establishments and similar uses not normally open, used or operated during
the same hours as those listed in (1); provided, however, that written
agreement thereto is properly executed and filed as specified in Paragraph
"B" of this section.
B. In any case where the required parking spaces are not located on tre same
lot with the building or use served, or where such spaces are collectively
or jointly provided. and used, a written agreement thereby assuring their
retention for such purposes, shall be properly drawn and executed by the
parties concerned" approved as to form by the City Attorney and shall be
filed with the application for a building permit.
",. ""'1...
, .
",...;..;.,...L.......
1~7
16-~ Every building or part thereof erecwd or occupied for retail
business, service, manufacturing, storage, warehousing, howl, mortuary or
any other use similarly involvinG the receipt of distribution by vehicle s of
material or merchandise, shall provide and maintain on the same premises
loading space in accordance wit.h t.he following requirements:
A. In too C-l Local Business District, one loading space for the :'irst C;,OOO
to l~,OOO square feet of floor area in the building and one additional loading
space for each It),OOO square feet, or fraction thereof, of floor area in ex-
cess of 1~,000 square feet.
B. In the C-2 General Business District and in th3 1-1-1 and M-2 Industrial
Districts one leading space for each 10,000 square feet or ftaction th3reof,
of floor area in the building.
16-6 Minimum Dimensions for Off-Street Park:ing.
A. 90 Degree angle parking: Each parking space shall be not less than eight
(8) feet wide nor less than seventeen (17) feet in length. Manuevering space
shall be not less than twenty-three (23) feet j~ length.
B. 60 Degree angle Parking: Each parking space shall be not less than eight
(8) feet wide perpendicular to the parking angle nor less than eighteen (18)
feet in length when measured at right angles to the building or parking line.
Maneuvering space shall be not less than eighteen (18) feet perpendicular to
the building or parking line.
C. 4j Degree Angle Parking: Each parking space shall be not less than eight
(8) feAt Hide perpendicular to the parking angle nor less than seventeen (17)
feet in length when rreasured at ri'ht angles to the bu Udin[! or parking line.
Maneuvering space shall be not less than fiftenn (l~) feet perpendicular to
the building or parking line.
D. \1hen off-street par1dng facilities are located adjacent to a public alley,
the width of said alley may be assumed to be a portion of the manuverinp' space
requirenent.
E. A private walk, if provided adjacent to a business building, shall be not
less than five (t)) feet in width and shall be in addition to the minirm.un
requirement for park:iIJg and manuverinc; space herein required.
F. iihere off-street parking facilities are provided in excess of the mlnlm1Jlll
amounts herein spe cified, or whe n off-street parking facilities ar" provided
but not required by this ordinance, sai.d off-street parking facilitie s shall
comply In th the minimum requirements for parking and 'manuverin g space he rein
specified.
SECTION 17 SPECIAL USE REGULATIONS
Section 17-1 Special Uses:
A. The City Council by an affirmative two-thirds vow may be
Ordinance grant a special permit for the following special uses in any
District as herein qualified, for which th3y are otherwise prohibited by this
ordinance, and may impose anpropriate conditions and safeguards, includin g a
specified period of time for the permit.
(1) Airport, landing field, or landing strip for aircraft.
(2) Anru.sement park, but not T..rithin 300 'feet of any URn District.
188
(3) Circus or Carnival grounds, but not within 300 feet of any "R~
District.
(4) C...."...~rcial, recreational or amusement developnent for temporary
or seasonal periods.
(~) Hospital, or institutionj provided that any hospital or ins ti tution
permitted in any "RfI district shall te located on a site of not less than five
acres, shall not occupy more than ten pe r cent of' tM total lot area and
shall be set back from all yard lines at least eighty (80) feet.
(6) Office building of a clinic, religious or chari table organ:zatio,.
conducting activities primarily by mail and not handling merchandise or
rendering services on the premises, withint the R-4 District.
(1) Privately operated community building or recreation fie Id.
(8) Any public ~r government build~.
(9) Radio or Television Broadcasting tower or station.
(10) Drive-in theater in the C-2 Cormnercial District.
(11) Tourist or Trailer camp when located in any business cr industrial
district can be expanded into an abutting residential district, provided
such tourist or trailer camp shall comply with the following and such
addi tional req1lirements as may be deened necessary for pr oper developnent ald
the protection of the surrounding area:
(lla) All appropriate State and County Sanitati.on Regulations
shall be strictly observed.
-~
(lIb) At least 1,5()(l square feet of lot area JSer trailer srail
be provided; no trailer shall be parked closer to the street <r highway than
the required front yard set back or closer than 20 feet to any property line;
and a clearance of not less than fifteen feet shall be maintained between
trailer coaches on all sides.
(llc) Trailer coach spaces shall abut upon a hard surfaced
driveway or accessway of not le 5S than 2C; feet in width.
(lId) Service Building <r other facilities for bathing, laundry
and sanitation, as required by the state and looal health regulations, shall
be located at least 20 feet from the side and rear lot line s and srall be
accessible to all trailer coaches by means of the access drives or hard-
surfaced walks.
(lIe) Wherever practicable, space shall be reserved for recreation
and a pl~ground.
B. Before authofl~ation of any of tp.e above special uses, the request there-
for shall be referred to the Plann ing CVlIu,,";'ssion for study ald report co~ern-
ing the conformance of the proposed use to tre objectives of tte comprehensive
plan and on the character and developnent of the neighborhood. A puhlic hear-
ing shall be ffild in relation thereto before ,the Plam in? Commission, notice
and publication of tre tine and place for which shall conform to the prodedure
prescribed in Sec~ion 25. If no report is transmitted by the Plarming
Commission within sixty days of notification, the City Council may take action
without further awaiting such report.
:" i
189
C. Any proposed special use shalJ otheT'lNise com:?ly with all the rPirulations
set forth in the ordi ;lance for the district in Fbic h such use L;; located,
except that the City Commission may permit hospitals aDO institutions to ex-
ceed the height limitat'i ons of such district.
17-2 Temporary Buildings: Temporary buildings used in conjunction with
cr)Dstruction work only may be pemitteo in any district liuring the period too t
the construction work is in progress, but such terrp orary buildings shall te
removed upon completion of the coo struction work.
17-3 Railroads and Utilities. Existing railroads aOO. utilities, in-
cluding telephone service may continue to be operated and TIain tained in
dwelling and commercial districts, but no new railroad or utility structure
other than the usual poles, wires and underground uti1itie s shan be established
in such districts except when so al~rorized by Article lOllJ of Vernon's
Civil Statues of the State of Texas and by the Board of Adjustmen t.
17-4 Community Unit Plan. v-Then the city C01IDCil is petitioned by
an agency of the City, County, State or Federal Government or by the cwner or
Oi,mers of a tract of land comprising an area of not 1e ss than ten acres and
said agency or owner applies for a chanGe in zoning from an R-l Single
Family Dwellh1g Classificatj on to a more :intense use am. whereby the provisions
for off-street parking facilities;, screening walls, fences or plantinp: and
open space i,.T('111d create a protecthe transition between 1e sser'''and a more
restricted district. The City Council may within- its discretion and
after review and reco(rrrnendat:ion by the City Plann:llT Commission, make tre
followinG recommendations:
A. Recommend against the change in zoning.
B. Reco11ll'OOnd a change in zoning.
C. Recommend that a community unit Dlan for such area be reviewed and., after
public hearing as nrescribed in Sectj,on 2'), ["rant a change in zoning subject
to the conformance with an approved site plan, said site plan to i '~c1icate the
provisions for the paving or streets, alle;jTs, and sidewalks, means of ingress
and egress to the public street, provisions for drainage, par'-::in,c,: space and
street layout and protective screening and open space.
17-') A special permit granted under the provisions of 17-4 shall be
con sidered as an amendTrent to till zoning ord:i naice as a:plicable to SllC h
property. In grantin~ such permit the City Council may impose cond itions
which shall be complied with by the Grantee before a certificate of occupancy
may be issued for the use of too buildinp: s nr S11 ch property pursuant to said
specj 81 pe rmi t an d sllch condition shall not. h? cnnst.rued as condi V ons pre-
cedent to the grantinG of the special pe I'm it or the change in zoning of said
property, but shall be considered a precedent to the ~rantin::! of a certificate
of occupancy.
SECTION 18 NON-CONFORHIW' USES
Section 18-1 Continuance of Use: Any non-cmform:in G use of land or structures
may be continued for definite per~_ods of tirre, subject to sl1ch regulations as
the zoning Board of AdjustT1J3nt may req1Jire for immediatepreservation of the
adjoining property and the ultimate removal of the n on-conforming use. If,
however, a continuous operation is not carried on in such non-cmforming use
during a contiri~ous per:i od of nne (1) year, the building, other structure or
tract of land where non-cmfarming use previously existed shall the reafter
be occupied and used only for a conforming use. Intent to resume active
operation shall not affect the foregoing.
190
18-2 Change of Use. A non-conforming use may be changed to any con-
forming use. A non-Coni'orminf: use shall not be changed to any otter type of
non-conforming use without the prior approval of the Zoning Board of Adjust-
roont 1'1hich may grant a change of occupancy from one non-cm forming use to
another, provided the use is wit}lin the same or higher classification as the
original non-conf orming use, that such non-confcrming use and occupancy wi 11
not tend to prolong and CCI'ltin ue non-confoming use. A non-conforming use CI'lce
changed from a lower to a higher classification use shall not be cranged
thereafter to a lower classification use, and such prior lower classification
use shall be con sidered a band oned.
--I
I
I
~
18-3 Damage and Destruction. A non-cr:mf'orminc: use shall not be extend-
ed or rebuilt in case of obsnlescense or total destructton by Fire or other
cause. In the case of partial destructj on by fire or other causes not e xceed-
ing fifty per cent (~O~) of its value, the bu ild:ing Inspe ctor shall issue a
permit for recon.struction. If Greater than fifty l:E r cent (~O-~) a.nd less
than total, the Zoning Board of Adjustment may grant permit for repair after
Public hearing and having due regard for the property ri hts of the IE rsons
a.ffected when considered in the light of public welfare and tre d1a racter
of the areas surround:ing the designated non-conforming use.
18-L Enlargenent. A non-conforming use shall not be enlarged or ex-
tended, except upon authorization of the Zonin g Board of Adjustnent.
18-5 Normal Maintenance. Normal Maintenance of a hlilp.ing or a
structure containing a non-conforming use is permitted, includiIlS necessary
non-structural repairs and incidental alterations not extendin g tre non-
conforming use.
18-6 Structural Changes. No structural alteration mall be TlBde in a
building or other structure containing a non-conform:ing use except that re-
qllired by law.
PART III.
ADMINISTRATIVE PROVISI~NS
SECTION 19
OFFICIAL ZONlNG NAP
Section 19-1 Official Zon~ Map of the City of Schertz shall be kept in the
office of tre City Secretary and one (1) copy shall be TlBintained in tIE
office of the building Inspector.
19-2 It shall be the du ty of the Building Ins~ ctor to kB ep tre ,
Official Map current and the copies thereof, herein provided for, by entering
on such maps any changes which the City Council may from time to time order
by arrendroonts to the Zonin:; Ordinance and Map.
19-3 The City Secretary, upon tre adoption of this ordina nce mall
affix a certii'icate identii'ying the map in his office as too official Zoning
Map of the City of Schertz. He shall likewise officially identify the copies
directed to be kept by the Planning Commissi on and in tie of fice of the
Building Inspector.
SECTION 20 ENFORCEMENT
Section 20-1 Building Inspector:
II
I i
L.-J
A. The provisions of this ordina nce shall be administered and enforced by tre
Building Inspector of the City of Schertz.
B. Right to Enter. The Building Inspector or any duly authorized person shall
I
19f
have the right to enter upon any premises at any reasonable t:irne prior to tre
completion of the buildinGs for the purpose of makinG inspect:i.ons of buildmg
or premises necessary to carry out his duties in the enforcement of this
ordinance.
C. Stop Orders. 1^11J.enever any builqing work is being done contrary to the pro-
visions of tnis ordinance, the Building Inspector may order tre 1-lor k stopped
by notice in writing served on the owner or contractor dojng or causing such
"Hork to be done, and any such person shall forthwith stop such work until
authorized by the building inspector to proceed Hith the work.
SECTION 21
PLANS
Section 21-1 All applications for buildjng permits shall be accompanied by
accurate plot plans, submitted in duplicate, drawn to scale, shewing the actual
shape and dimensions of the lot to be built upon, the exact sizes and locations
on the lot of the buildings and accessory buildings then existing and the lines
within Which the proposed buildinr' and struduY'e shall be erected or altered,
the existing and intended use of each building or PHt of bu ilding, tte
number of families or housekeeping units the building is designed to
accomodate, and such other information with regard to tiP lot aIld
neighboring; lots as may be necessary to determine and provide for the en-
forcerrent of this Ordinance. One copy of sucn plot plans will be returned
to the mmer vrhen such plans have been ap~roved. An inspectio n peri od of as
much as two weeks shall be allo1.ved for inspection of plans before a p3 rmi t
sha11 be issuedl
21-2 All Dimensions shown on thesenlans relating to the location and
size of the lot to be built upon shall be based on an actual survey and tre
lot shall ee staked out on the ground before construction is started.
SECTION 22 EFFECT UPON EXISTING PEctMIT~, AGREE1'ENTS .JlJm RIG !ITS
Sect' on 22-1 Existing Permits and Private Agreements. This ordinance is not
intended to abrogate or annul \1) any permits issued before the effective
date of this ordi.nance, or (2) any easement, covenant or any other private
agreement.
22-2 Preserving Right s in Pendinp, Litigation and Violations Under
Existing Ord'nances. By the passa~e of this ordinanoe, no presently illegal
use shall be deemed to have been legalized unless specifica11 y suc n use faU s
within a use district .,mere the actual use is a conforminN use. OUe rwise
such uses shall remain non-conforming uses whe ':'e recop,nized, or an illegal
use, as the case may be. It is further tte intent and declared purpose of
this ordinance that no offense committed, and no liability, IEnalty or
forfei_ture,.either civil or criminal, shall be discharged or affected by
the ac1optjon of this ordinance; but proseclltions aDd suits for SJch offenses,
liabilities, penalties or forfeitures may be :institllred or causes presently
pending be proceeded with in all respects C1S if' s'Jch prior ordnance had not
oeen repealed.
22-3 Completion of Existing Buildings.
A. Nothing in these regulat-ions nor in any amendments hereto 1.vhich change
district boundaries shaD require any chano:e in the plans, con struction or.
designated use of a building Hhich shall be completed in its entirety within
bro (2) years from the date of the passar;e of this ordinance, provided such
building either was actually under construction at the time of the passaf'e
of this ordinance or was ~Jthorized by building permit before the passage of
~his ordinance, and further provided construction shall have been started
192
within ninety (90) days from passage of this ordinance.
B. Commitments with reference to construction of public utility building
necessary for proposed expansion of the City made prior to the passage of
t~is ordinance shall be observed.
22-4 New Subdivisions; Annexed Areas..
r-'
I r
I :
I .
L~
A. Unplatted Property. The Planning CODDllission of the City of Schertz shall
not approve any plat or any subdivision within:-,the City Limits of the City
of Schertz until the area covered by tre proposed plat shall have been
permanently zoned by the City Council of Schertz.
B. Proposed Annexation. In the event the Plann:ing Commission holds a hearing
on proposed annexation, it may, at its discretion, at the same time hold a
hearing upon the permanent zoning that is to be given to the area or tract to
be annexed, and make a recoDDllendation on bot h mtters to the City Council
so that the City Council can, if it desires, act on the matter of permanent
zoning and annexation at trn same time.
C. Zoning Annexed Areas. All territory annexed to trn City of Schertz rnre-
after shall be temporarily classified as R-l Single-Family Residence District
only until permanently zoned by the City Counci 1 of trn City of Scrn rtz. Tre
Planning CODDllission shall, as soon as practicable after armexation of any
territory, recommend to the City Council a permanent zoninB', and the
procedure to be followed shall be the sane as is provided by law for the
adoption of original zoning regulations.
SECTION 23 BOARD OF ADJUSTMENT
Section 23-1 Organization and Procedure.
i-I
I .
l~
A. A Board of Adjustnen t is created con si stin g of five citizens of the City
of Schertz, each to be appointed by the Mayor and crnfirned by the City
Council, for the terms of three years, respectively, provided that, when
the first Board shall be appointed hereunder, one nember shall be appointed .
for one year, two for two years, and two for three years. At least one
member of the Board shall be a I1ember of the Planning Commission and his'
term shall expire at the same time as his term on such CVll1JlJ~ssion. A member
appointed to fill a vacancy shall serve for the unexpired term.
B. The hearing of the Board of Adjustment shall be public, however, trn
board may go into executive session for discussion but not for vote on any
case before it. The Board shall organize annually and elect a president,
vice president and secretary. The Board. of Adjustment shall act by resolution
in which three members must concur. The Board shall adopt from time to time
such rules and regulations as it may deem necessary to carry into effect
the provisions of this ordinance, and shall ,furnish a copy of t}-e same to
the Building Inspector, all of which rules and rea,ulations shall operate
uniformly in all cases. All of its resolutions and orders shall be in
accordance therewith.
The Board shall hear the intervention of any owner or property adjacent to.
in the rear of, or across the street from a lot as to which the granting
of any building pemit is pending, and shall also hear any other parties in
interest.
-j
I
_J
C. The Board shall have the puwer to subpeena witnesses, administer oaths,
and punish for contempt, and may require the production of docunents, under
such regulations as it may establish.
.'i. ."
~, .
193
23-2 Appeals may be taken to and before the 30ard of Adjustmen t by any
person aggrieved, or by any officer, department., board or bureau of th:! Cii{y.
Such appeal shall te taken by filin g with the office of too Board, a notice
of appel=iJ and specifyinG the grounds thereof. The office or department from
Hhich the appeal is taken shall forthwith transmit to too Zoning Boardbf,
Adjustment, all of the papers constitut:in c; the record upon wJ->.ich the act-ion
appealed from was taken.
An appeal shall stay all proceedings in furtherance of too act~ on appealed
from unless the Building Inspector shall certify to tre Board of Adjustment
that by reason of facts stated in the certificate, a stay would, in its
opinion, cause imminent peril to life or properly, in which case proceedings
shall not be stayed otherwise than by a restraininf; order which may be
granted by the Board of Adjustment of by a court of equity, after notice
to the officer from whom the appeal is take n and on due cause shown.
The Board shall fix a reasonable time for too hearing of tre aopeal or other
matter referred to it, and shall mail notices of such hearing to too
petitioner and to the owners of property lyinC; within two hundred (200) feet
of any point of the lot or portion the re of on whic h a variation is desired,
and to all other persons deemed by the Board to be affected trereby, such
owners and persons being deter''l'dned accordinrr, to too current tax rolls of
the City of Schertz and depositins; of such H'I'itten notice in the mail
shall be deemed sufficient compliance too rewit h. The Board shall de cide
the appeal within a reasonable' time. Upon the 00 aring, any party may
appear in person or by agent or attorney. Th:! Board may reverse or
affirm, wholly or party or may modify the order, requirements, decision or
determination as in its opinion ought to be made in the premises, and to
that end, shall have all powers of the officer or departrrent from whom
the appe al is take n.
23-3 The Board of Adjustment shall have the follOtving powers and it
shall be its duty:
A. To near and decide appeals woore it is alleged there is error of la1v in
any order, reql1irement, decision or determination made by tffi wilding j.n-
spector in the enforcement of this code.
B. In hearing and deciding appeals the Board shall ha'fe the pOIfer'to f;rant
an exception in the followi ng instances:
(1) Permit the extension of a District whe re the boundary lire
of a district divides a lot or tract 001 d in a si ngl e oV>.TIle rship at till time
of the passage of this code.
(2) Interpret the prOVlSJOnS of this Code in such a w8g as to
carry out the intent and purpose of the Ordinance, as shmvn upon the maps
fixing the several districts, accompanying and made a part of this Ordinance,
woore the street layout actually on the ground varie s from t.h9 street layout
as shown on the maps aforesaid.
(3) Permit too reconstruction of a non-conforming building
which has been damaged by explosion, fire, act of God, or the Public Enemy,
to the extent of more than fifty (rJO) per cent of its fair market value.
(4) i,vaive or reduce tre parking and loadin~ requireTTBnts, in any
of the Dist.r;cts whenever the ci'.aracter or use of the Building is such as to
make unnecesaa;ry the full provis~ on of parking or loading facilities, or me re
such regulations wOl1ld impose an unreasonable hardship upon the use of too
lot, as contrasted with merely granting an advantage or a convenience.
194
( 5) Permit land within three hundred (300) feet of a JII\ll tiple
dwelling to be improved for the parking spaces required in conmction with a
multiple dwelling, but only when t~~,-_~ is positive assurance that such land
will be used for such purpooe during the existence of the m1iltiple dweUing.
(6) To determine whether an industry shoold be rerrnitted wi thin
the M-l Restricted Industrial and the M-2 Industrial Districts because of
the methods by which it wOl'ld be operated and because of it's effect upon uses
within surrounding zoning districts. '
r-l
C. The Board shall have the authority to grant the followilJE variations:
(1) Permit a variation in th e yard reqlJiremnts of any distric t
where there are unusual and practical difficulties or unnecessar,y hardships
in the carrying out of these provisions due to an irregular shape of the lot,
topographical or other condi t~ons, provided such variation will not seriously
affect any adjoining property or the general welfare.
(2) Authorize upon appeal, whenever a property owner can smw
that a strict application of the terms of this code relating to the use,
cODstruction or alterations of buildin gs or structurs on tre use of lam
will impose upon him unusual and practical difficul tie s or particular hard-
ship, such variations of the st~ict application of the terms of this
ordinance as are in harmony with its general purpose and intent, bu t only
when the board is satisfied that a grantine- of such variation will not llBrely
serve as a convenience to too a9plicant, but will alleviate some demonstuatable
and unusual hardship or difficulty so great as to warrant a variat~ on from
the comprehensible plan as establ ished by thi s ordinance, arrl at the same
time, the surrounding property will be properly protected.
In considering all appeals and all proposed exceptions or variations to this
code the Board shall, before making any exceptions or" variations from the
ordinance in a specific case, first determine that it lr1ill not impair an
adequate supply of light and air to adjacent property or unreasonable increase
tre con gestion in public streets, or in crease the danger of fire or endanger
the public safety, or unreasonably diminish or impair establijhed property
values withint the surrolmding area, or in any other respect impair the
public he al th, safety, co~fort, morals or welfare of too inhabitants of too
City of Schertz.
23-4 A fee of twenty-five dollars (2rJ.00) shall be paid to th3
Building Inspector at the time the notice of appeal is filed, wbic h tre
Inspector shall forthwith pay over to th3 City Treasurer to th3 credit of
the General Revenue Fund of the City of Sc.lrertz.
-,
f .
I I
I I
,-_J
SECTION 24 CERTIFICATES OF OCCUPANCY
Section 24-1 Certificates of occupan cy shall be required for any of tre
followin" :
A. Occupancy and use of a building hereafter erected or structurally altered.
B. Chan1i8 in use of an existing building to a use of a different classification.
c. Occupancy and use of vacant land.
~I
I
L_
D. Change in the use of land to a use of a different classificati on.
E. Any change in the use of a non-conforming use. No such occupazx:y, use or
change of use" shall take place until a certificate of occupancy tffi refer
shall have been issued by the Building Inspector.
~ '" ,-,. I '
\~ ",;1.' "
195
24-2 Written application for a certificate of occupancy for a new
building or for an existing building which has been altered shall be rrade at
the same time as the application for tm building permit for sllch bu5ldinr;.
Said certificate shall be i;,sued within three days after a written reql1est
for the same has been made to said 3uild-i nr, Inspector or his agent. after
th..e erection or alterati on of such building or part tte reof has been com-
pleted in conformity Hi th too provisions of this ordinance.
24-3 'tJritten applicatj on for a certificatA of occupancy for the use of
vacant lanc1, or for a chani;e in th~ use of lanrl for a bunclina, or for a
chal"GA in a non-conforming use, as herein provided, shall bA made to said
building inspector; if the proposed use is in conformity witlJ the provisions
of this Ordinance, the certificate of occupancy therefor shall oe issued
within three days after tm applicat-ion for same has been made. T113 fee
for such crtificate of occupancy shaJ I bp one dollar ($1.00) to be paid
to the City Treas1frer of too City of Schertz.
24-4 EveI"J Certificate of occupancy shall state that tre build:l.n G or
the proposed use of a buildinf or Lmd complies wHh aJI provison,-; cf law.
A record of all certificates of occupancy shall be kept in file in thp office
of the buildinr:; Inspector or his agent and copi s shall be furnished on re-
quest to any persnn havinf: proprietory or tenancy interest in the buildi~
or land affected.
24-5 Certificates of Occupancy for Non-Conforming Uses. A certificate
of occupancy shall be required for all law1'111 non-conformiwr uses of Ian d
or buildings created by adoption of this ordinance. Appl'icatior: for st1ch
certificate of occupancy fr,r a non-conform ing use shall be filed wit h the
building Inspector by the' own er or lessee of the buildirg or land occupied
by such non-conforming use within one year of the effective date of this
ordinance. It shall ae the duty of the Build-inq InsJBctor to issue a certi-
ficate of occupancy for a lm\Tful non-conform inS use, but failure to apply for
such certificate of occupancy for a non-conforminp use, or refusal of tm
building inspector to is sue a certificate of occupancy for suc h non-
conforming use shall be evidence that said non-conforming .use was either
illeF;al or did not lawf1Jlly exist at the effective date of this ordinance.
SECTION 25 A!,ENDENTS
Section 25-1 The City Comnission may from time to t:i1ne arrBn d, Sil ppJ elren t or
chan:';€ by ordinance the boundaries of the ctistricts or tho reOtulati0ns herein
established.
25-2 Before taking action on any proposed amendITBnt, supplement or
change the City Comi1ission shall submit the pr' oposed revi si on to tre Plam ing
Comrrd.ssion for its recommendation and report. TJ::e Planninr; Commission stall
make a preliminary report and hold publ ic he arin[J's the reon before submitting
its final report. 1Tritten notice of all public hearincc;s on proposec1 changes
in classifications shall be sent to all olit1erS of property, or to tm
person rendering tre property for City Taxes, affected by such proposed
changes or classifications and to aJ 1 cwners of pr operty, or to t h,," pers on
renderinF; the property for City Taxes, located wiVin two hundred (200) feet
of any property affected thereby wi thin not less than ten (10) days before
any such hearing is held. Saict notice may be served by deposi tin:- the
same, properly addressed and postage paid, in the city post office.
21)-3 After receipt of the final report from the Planning commission,
a public hearing shall be held by the City Council before adoptinr, any
proposed anEndrrent, supplenEnt or chanGe. Notice of such tear-i..rr: shan be
given by publication one (1) tinE in a paper of' ,!eneral circnlation in the
city statim" the time and nlace of such hearing, 1-7hic h time shall be not
196
less than fifteen (15) days from the first date of publication.
25-4 Unless such proposed anendment, supplement or change has been
approved by the Planning CVllllll~ssion, such amendnent, 8upplemen t or change
shall not become e1'1'ective except by concurrence 01' 1'our members 01' the City
r:Couilcil '; and no vote shall be taken unless the full rrembership of tre City
Council is present.
---:J
I
25-5 Filing Fee. No notices of any application for change of zoning
district boundaries or for any change of zoning ordinance or classificatibDs
shall be issued and no hearings shall be had be1'ore either tffi Planning
Commission or the City Council until a filing fee accompanying su::: h application
is paid. The filing fee (payable in cash, certified c~ck or cashier's che ck)
shall be 1'ifteen dollars ($15.00) 1'or tffi 1'irst one hundred (100) 1'eet or
fraction thereof, of lot .frontage involved, and five dollars ($5.00) for each
additional one hundred (100) feet, or fraction thereof.
SECTION 26 VIOLATION AND PENALTIES
Any person who shall violate any of t~ provlslons of this Zonin!?; Code or
who shall 1'ail to comply theJ.c,.~th or with any of the requirements thereof,
or who shall erect or alter anyouilding, or who shall commence to erect
or alter any building in violation of any detailed statenent 01' plan sub-
mitted or approved thereunder, shall for each and every violation or non-
compliance be deemed guilty of a misdemeanor and shall be fined not more than
two hundred dollars ($200.00), and each day such violations shall be permitted
to exist shall constitute a separate offense. The owner of that building or
premises or part thereof where anything in violation of this Zoning Code
shall be placed or shall exist and any architect, building, contractor,
agent, person or cOI"9oration employed in connection the rewith who '!lay have
assisted in the commission of any such violation shall each be guilt,y of a
separate offense and upon conviction shall be subject to the penalties herein
provided.
- ---,
SECTION 27 INTERPRETATION OF ORDTIJANCE
Conflict with other laws. Wherever the requirerrents 01' this ordinance are at
variance with tffi requirements 01' any other lawfully adopted rules, regulations,
or ordinances, the more restrictive or that imposing the higher standards,
shall govern.
SECTION 28 EFFECTIVE DATE
This amended code shall become effective from and after the date of its approval
and adoption as provided by law.
PASSED AND APPROVED THIS THE 31st DAY OF MARCH 1966.
ATTEST:
G. w!:diJ:6i~~~!ef!
, -'J
. ,1j<'.~~.'.'
cAt
197
Motion to adjourn by Mr. Koch, seconded by Mr. Marx. Hotion carried.
r--T'
R~C~
ATTEST:
"- ,
G. /t;itiJ?! J1J!Lary
Called meeting of the Schertz City Council held at the City Hall in Schertz,
Texas, April ~, 1966.
Mayor Roy W. Richard called the meeting to order with tre following named
Aldermen present: Ottomar A. Schertz, Malford C. Koch, Raymond G. Koym, and ILl
Edgar T. Marx. Absent: Samuel R. Perryman. (,~I P"l
Meeting was for the purpose of canvassing t~ ball<>t of Election held this Jt,.~
date. The Council finding everything in order with tte follow:in~ results:
FOR MAYOR
VOTES
Roy W. Richard
Robert B. Stedman
Ralph R. Ikels
Hoover Edwards
Walter A. Schertz
L. L. Rhea
Odo Riedel
~3
1
1
3
1
8
3
FOR ALDEltMAN, Regular Term
."
Malford Koch
Ottomar A. Schertz
~5
~~
FOR. ALDERHAN, Unexpired term of Clifford L. Rowell
Edgar T. Marx
Sam Jones
George Barnard
Mrs. Nina Artzt
11m. Ebert .
Wal ter F. Schneider
L. J. Kazben
Ralph Keller
'tlal ter Deen
Herb Flowers
Hugo Reicherzer
Hoover Edwards
L. L. Rhea
~2
1
7
10
1
7
1
1
2
1
1
2
1
1,..Jhere upon Roy W. Richa:-<l received a majority vote was duly and constitutaly
declared elected as mayor.
198
Alderl"lJ3n, Malford C. Koch and Ottomar A. Sch:lrtz rece:l.v1llg a majority
vote for r:egular terms were declared elected.as alde~n. And alderr.an Ed~ar T.
Marx having received a majority vote was elected to the unexpired term of
Clifford L. Rowell.
Alderman Koch made a motion, seconded by Alderman Edgar T. Marx
the election cnavas of ballots be approved as correct and accepted. Motion
carried.
Motion to adjourn by Mr. Marx, seconded by Mr. Koym. Motion carrie d.
.,,-,
ATTEST:
B~~rJ
/J,#"p~~p.
G. W. Pickrell - C:l.ty Secretary
Re~ular lOOeting of the Schertz. City Council held at t he City, Hall .in
Schertz, Texas April 8, 1966.
Mayor Roy W. Richard called the meeting to order with the following
named Alderrren present: Raymond G. Koym, Ottomar A. Schertz, Malford C. Koch,
and Edgar T. Marx; absent: Samuel Perryman. Also, RuSsell and Freddie Rowell,
}'~s. T.J. Jlckermann and Hugo '.v. Ackermann and Attorney Louis F. Saegert.
.LI.:J Minutes of the March 24, 31 and April '5, 1966 meetings were approved
~ as read. On a motion byMr. Koym seconded by }vIr. Schertz and carrie d. Mayor
~ ~ Richard read a Resolution from the Community Council of Guadalupe County re:.
'\ Construction of low income hOUSing for persons of low income.
Mavor Richard' appointed Mr. Malford C. Koch to act as chairrran on
this with a committee consisting of L. J. Kazben, C. L. Stllrrock, James E.
Stephens and Charles S. Hughes. These four to be contacted r:Y Mr. Koch
committee to make recommendations for the above project.
~\"D~(, Mr. Ackermann asked about getting a Dog Pound built and Mr. Schertz
i>11 will get plans and prices on this to be presented to too Council.
,{,', Mr. SAegert will make a study on rewriting tl'"e Dog and Cat, GarlJage
",,-,0 and Chief of Police Ordinances. This on a motion by Mr. Marx secorrledby .
o~ Mr. Koym and carried.
l Mayor asked the council to consider an ordinance goverminc the CitQr
Pj.rking J.ot. ,
It.~~''~ And, also give some thought to too annexation of R1ttiman addition.
\:J as to any advantaees or disadvantages. .
The CounCil, Planning Commission, Mr. Cross and Mr. John Schaefer
will meet on the lLth and try to work so TIE thin g out on the subdivision.
Motion to adjourn by Mr. KoyJI, seconded by Mr. Koch and carried.
ATTEST:
~i4e~
jl1iii:JJ:t~gkry
--',
..I.
,j' "
i'
199
,-
Regular meeting of the Schertz City Council held at the City Hall in
Schertz, Texas on April 14, 1966.
Mayor Pro Tem Raymond G. Koym, called the meeting to order _nth the
following named alderrren present: Malford C. Koch, Edgar T. Marx and Ottomar
A. Schertz. Absent: Samuel R. Perryman. Also present John Schaefer, W. A.
Schertz, Russell G. Rowell, George P. Bolton, L. L. Rhea, Charles C. Cross,
Aaron Beck, Glynn Bennett, Hugo Ackerman, Tormnie Ackermann, "Ianda Koch and
Mr. Bran d.
Mr. Schaefer explained the good points of too City having a refund contract
for new subdivision builders. This can be accomplished wit.h no bond issue and
does not cost the City to develop; it is supported and pa id for on its am
revenue returnee After much discussion and careful consideration on the su bje ct ot 1
a motion by Mr. Koch seconded by Mr. Marx, the City refund to the builder for I,,~
installation of water and sewer utilities lines 2c;~ of tre actual revenue from I';?
each con nection wi th 7t5~ of the revenue being retained by the City. Tm refund
shall be made durin~ the first seven years from the date of acceptanc e by tie
City unless ~ot of the approved cost has been made before this time. Effective
date of acceptance 1 May 1966. A like contract shall be effective same date
except it shall be for 6 (six) :rears with Green Valley D3velopment Company.
110tion unanjmcusly carried.
Mr. Brand wants to build a home and business on lots located in tre
industrial zone and also asked if the City will rlm lines across the road.
~Ioti.on to adjourn by Mr. Koch, seconded Mr. Marx, carried.
{,~, 0 94
ISlt
ATTEST:
- (;[J~ >>A! ~. ~ Jr Jl
it:A~)-: p'ar'{~;
~'
" ,/ A)~PO
G. ~4kre - City ~e-cretary
Regular meeting of the Sche rtz City Council held at the City Hall on
May 5, 1966.
Mayor Roy F. Richa:ro called the meetins- to order TrJith the following named
Aldermern present: Raymond G. Koym, Ottomar A. Schertz, Malford C. Koch and
Edgar T. Harx. ltbsent: Samuel R. Perryman. Also present - City Attorney Louis
F. Saegert, Russell G. Rowell, Fred Rowell, Ralph R. Ikels, George Barnard, C. C.
Cross, TtV. A. Schertz and Hugo Ackermann.
Minutes of April 14 meetinp: read and approved - Hotion bv Scrertz (Ottomar A.)
seconded by Raymond G. Koym and carrie d.
Mr. ~vesterma.n of M.E. Allison Company read a letter reg::l.rding a !!Bet; ng ~rith"" o?1
Mr. Davis of G.V.E.C. Also read a letter proposi TIer same be published and nailed /, 0
to each citizen explajn in[; the benefits to be derived by the city if O\<Tned and
operat.ed by the Ci ty.
A resolution 1'11'aS read re[':ardjn c; an election to be held May 28 1966 ~ ~, O'1~
publication in paper and postjnp' in accordance 1"ith Texas laHs. Motion by Mr. 13t
Koym seconded by Mr. Marx resoluti on be accepted and ele ction held. Hot; on' IJ~ tI
unanimously carried.
Information at this tire cancerninP:' ease!!Bnts for SeTtJBr line s from tre new I ?3
school site not favorable with 1 or 2 parties at present. After a thar Qlgh dis- ",.6
cussion on this matter, Mr. 3chertz made a motion seconded by Y.iI'. l1arx to p:'oceed /;1
with the water line at this time and hold up on the se1"er l:ine. Notion unani-
moo sly carried.
letter from State Senator Culp KrueGer report on Cibo 10 Creek.
20~O
"'~~~ Mr. Ackermann reported to the Council conduc~ of Universal City Police
\ coming into Schertz, speeding, running stop signs and knocking on doors in tre
night time whi ch greatly disturbs ci tizEln s, when they were try in 12: to locate
someone.
b~~ letter from State Heal th Dept. they received our che ck of $8r;:C;.OO on 1:.h3
vl.~ Comprehensive Planning Project.
\\ Letter from State Health Dept. with forms to be signed authorizing pay-malt
~~of $6,500.00 to Mormon & Mok and C.C. Cross for services rendered on tte 'Comp- .
Ul.)i .'prehensive Planning Project. !olotion by Mr. Marx: seconded by Mr. Koch. Carried
\~ unanimously. Letter from Mr. Bolton attache d expJ aining the Plann ing Commission
, completed work on the above named Plan and has approved sane.
~~ Letter to Postmaster of Schertz with map shaNing recommended nouse number
~\q'O plan for City. Motion to anprove and accept by Mr. Koym secomed by Mr. Schertz.
\ bl- Carried.
Q. letter frOnl Mr. Lyle ,M. Fry who wishe s to purcha se a part of dead-end street.
~\.,.tJ~"Mr. Saegert will check on this. Possible the City cannot sell the land. Mr. Fry
tl will be notified. , .
\ Letter from Volunteer Fire Department stating Mr-. ~:J'oodward had resi;:med as
~~Fire Chief and makinlY, tre follow.nC' recomm3ndatiorlsl Fire Chief, Hugo Reicrerzer.
~~~ Fire Marshall, Fritz Rusch. Assistant Fire l-farshall, i-lilliam Schulz. Motion by
O~ Mr. Schertz seconded by Mr. Marx to accept the above and apppove same. 3 voting
\ Ayes - Ko.ch, Koym and Schertz. I voting No - Mr. Harx:. Motion carrie d 3 for and
I 1 against.
nl) Another recOTTrnendat:i on was made to raise the pay of tte Fire Chief and Fire
~~ Marshall from $30.00 per month each to $1C;0.00 per mooth each. Discussion on this
~'-t'\J matter reveals the City is in no position to pay such salaries. Hotion by Mr. Marx
\~ seconded by Mr. Koym to reject the above.Motion unanimously carried.
Po' letter from Mr-. Edward Mok to the Plarmin g Commission offerin g continuing
\t\t,1l services to the City on a consulting basis on routine planning na tters at $300.00
,it per year.
\ The Plannin g Commission reconnnends Mr. Hok be retaina d. After due cons:id er-
lation on the matter, Mr. Schertz made a motion secomed by Mr. Koch, tte City .
hire Mr. Mok. Motion unanimously carried.
Letter from Mr. Hok to Mayor Richard reqresting tre Ordinance and proper
title of the newly establisred "Housing Authority Connniti:ee".
II. OQ.~ Mr. lkels asked that his street be oiled or repaired wte re it was torn up as
,\IV" it creates so much dust. Mr. Rowell will take care of same.
I~~ Motion to adjourn by Mr. Koym, seconded by Mr. Koch. Carried.
ATTEST:
~ti~r
it. 1f"O~ ,kJ!OO
G. W. PickreL. - City Secret;ary
Called IOOeting of the Schertz City Council teld at the City Hall in Scrertz,
Texas on the 9th day of May, 1966.
Mayor Roy 1.T. Ricpard called the meeting to order with the followir>.g named
Aldermen present: Malford C. KOCh, Raymond G. Koym, Ottornar A. Sch::! rtz and Edgar
T. Marx. Absent: Samuel R. Perryman.
Also present Hugo l'T. Ackermann, Mrs. Tomr..ie Acke rmann, Harold G. Christia n,
Odo Riedel and Ralph R. Ikels.
........l_
"I
2U1
1-
,
Hayor Richard talkinG to Mr. Ackerma'1D stated the City r.ave you two
options as follows: 1 - Hire ;:m ficers and tr e Gity fur nis h a car and pay you
$300.00 per month. Or No. 2 - comply with your reque st of $L7S .00 per month
you furnish car, upkeep, InslJrance and aJJ exrenses. Title to be Chief of ..
Police and hold office at the pleasure of the City Council of tte City of Scrertz,
Texas. This "Jas ag~eable tn you ~d by una~imous vote, op~~L~n No.2 ,;Tas passed ~3
and adopted. , You dld say at that tJ1TJe you Oid not need add:LtloDal help. t t,.Ot..
Ackermann stated - in the hassel I ficure I have lost $6:0 .00 the City owes TIe ,0..)
and being allowed only $2~0.00 and also spendin:: money of my own on a radio, I
fel t I did not 01^~e the City this $2c;O.00. Reference was made to several previous
council meetings and read for information. Mr. Ackernacn says he s:::arn ot make a
living on $~7S.00 per month and referred the council to cre ck hours anr1 pay of
Universal City police.
. Mayor Richard stated he thoup;ht everyone was aware of tre verbal beating s
that any and all police officers received from the public. That, tre Council did
not question his ability as an officer.
Mr. Ackermann said the radio was badly
Ackermann on most of all ni;:-ht emere;en cie s.
at home at ni~ht his wife takes the message
him on the radio.
, Mayor Richard asked Mrs. Ackermann about her sayin~ Huf,o had in the past
requested help and the City 1>Tonld not furni3h any. Mrs. Ackermmn stated sl"E did
not lTBan anything about not getting help and she evedentily had been mis-
understood.
The Mayor stated he did not think any man c01Jld work 24 hours each day all
the time, which is what has to be done for proper coverage wl'i ch the c:i tizen s of
Schertz were paying for and wha t they were entitled to.
Mr. Ackermann saY's he has no time to ,-Jork at his garage and make any money
and after expenses it means he must live on about $200.00 IE r month, thi s carn ot
be done.
Mayor Richard aGain expla:lled by havin,.,. bro police, one could work 3 days
and one 4 days and change each wee~( whereby Ackermann would have several days
f or his ~arage work. That, he believed it vTaS bad ari t hme ti c in not tak:L'1f-': the
other option. The City was willinS to set up that plan even though it would be more
costly to the City. Mr. ado Riedel asked to speak ano was recognized by th~
~..ayor. Riedel stated he did not think it necessary to have a City patrol but
getting emergency calls ans1-Jered was the big tl1 inr:; to look after. Also tre City was
8 years old and did not have a DOi~ Pound and he thought it was a rotten shame
not to have one as Mr. Ackermann c01l1d o'nly pick up dogs and tie them up and
shoot. them without a Dor Pound. If the City does not want to build one, I wIll
donate a place.
,Mayor Richard in reply informed him the City has selected a pJace w:ith a
'-Jell near by and Mr. Schertz i,g asking for bids on a buildini!, .~o far only 1 bid
received.
Mr. Ackermann said he had not drawn any plans for the build.;.n s as ye t - was
busy with Grand Jury last week.
Mayor Richard said SO~ 'people had complained of the noise of barking dogs
1fhere they are hept at present. And, 119 also informe(l Hr. Ackermann he CO] leI not
bid or erect the buildinc; for the City.
Mayor then asked are you happy and ooed no help? Answer - yes. O.K. till
the city grows larger.
}1ayor ;i;.! the"1>"ad:io money came from Civil Defense aoo 1-Jas supposed to be
placed in City Hall (again referrjns tn other c I")llncil lTBetinff,s) you oought the
radio for your car ann state you had to spend much of your Ot^Tn mooey. Seems
as tr ough you should have reported back to the council wit h tm trouble at
least we should have known what was 1!0inP' on.
Mr. Ackermann said the $2S0.aO ;;'oul'd' not and did not cov 8r all expense on
radio. Hr. Ikels could and di.d verify it 1'1l'ould take more than the original
$2c;a.OO to complete the deal.
Mayor - we need some kind of communication, radio preferred, in the City
needed to cover on contactin-; Mr.
And Huf",o explained. 1;,.,re n he was not
and contacts Seguin who in turn call
.""'t.......
202
Hall, I have no idea as to cost, maybe a telephone in Hugo's car. But, I am Damn
tired of pe aple call in ~ me at my office and I can not sa,y where or how to fin d ~
someone.
Ackermann - a radio in City Hall would only serve good in till da,y time unless
we had a night operator. At the July 1st neetin g wh3 n this carre up I thi nk yoou
said I will buy the daIm1 radio for $2'50.00 and keep it myself (Ma.vor). Huco-
yes, I did but you cannot use police call on utility truck like t.l1e city want s to
do.
Mayor, Hugo your jurisdiction is in the City of Sche rtz only.
Reply - Yes.
Mayor - you are not to be running to these other towns like with liquor
.control board nen etc. You expect us to operate like a big city and we cannot
afford this. I guess we need to get a radio man to 1e am us sane thi ng abcut radio.
Mayor - Is all satisfied -on the radio, any further questionS?
Mr. Riedel, seems like a motion was made at one time and carr:ie d. This cann ot
/ be changed. Perryman brought tb.is up just to get even wit 11 Hugo (jIler having to
remove sorre concrete drive from his place, this was broug ht up fer personal gain
and not for the benefit of the city.
Ma~ror again, tax money paid by the peoole in Sd1.ertz hires yoo and we carn ot
be responsible when you p;o other places as thi s city alone is your jurisdiction.
Hugo, my feelings on Universal City when. tl'ey need an officer let t}-e m call
the Bexar County Sheriff Dept. I never go over there. I go out of town only
when asked by Bexar County to stand by.
Mayor - Hugo in the future bring all problems here to croncil neeting for
discussion and get them off the street. I know all the city employees are under
paid just now it is all we can do but hope to improve on this in the ne ar future.
Hugo - can I get a file room and file cabinet for storage1 And a place to
put the dogs I pick up? Hugo - I wOllld appreciate consideration of the Council
to cancel the $2'50.00 against the pay raise I was due and had asked for mak!ing
us even all around.
Mayor - next meeti.l'Jg a final resolution will be given. And no help is
~ded on police work.
lJ\,.t\'P1 Mr. Riedel asked about Master Plan Book with a pic1nre showing t~ back of
l ~ his store.
I Mayor said he had called Mr. l-1ok in regards to removing the picture and the
answer was have Mr. Riedel reque st this of the Mayor. The Planning Conunission
will act on it and notify Mr. Mok.
Mr. Riedel says the Base Health Officer from Randolph AFB inspe cts his place
at least every 2 months and he is of th3 opinion they are trying to make a rat
out of him and he has all the trash removed before late even:ing. That the picture
was made about 2:00 or 2:11) P.M. and not near or about ~:OO P.M. He thinks Mr.
Mok is a dirty filthy liar about the time. Mr. Mok told him he did not kmw
about the picture being taken and he found out later a Mr. Green had rrade the
pictures on his way back to San Anton io from Houston.
Mr. Riedel declares he has done more for the City than anyone else and is tre
largest tax payer here. He had borrowed a book from MrJ. Bolton and wit.l1out
permission had ripped the picture out of the book. Furthermore decla res tre re
are seven other books in circulation and demanded th9y all have the pictures
removed and turned in to him not later than tomorrow night before his store
closes.
Mayor Richard tried to explain t.ha t he did not control owne!'sH p of tte boo ks.
Ho~ver, he assured Mr. Riedel h9 was sure the fmal printin~ of any books
1~ould not carry the picture.
Mr. Riedel said m wOlJld fir.:;ht th9 Urban Renewal Project to his last cent
if' the pictures were not delivered to him.
No further questions or statements.
Motion to adjourn by Mr. Koym, seconded by Mr. Koch, Carried.
r-
rto~~'
I
20a
ATTEST:
I~
)
..-4, 41, nA t)}( of 0
G. w;~~ Clty Secretay
Called meeting of the Schertz City Council held at th; City Hall in Schertz"
Texas }fuy 28, 1966.
Mayor Roy',!. Richard called the treet:in c; to ar'der with th3 follo..Tin g named
Aldermen present: Raymond G. Koym, Ottomar A. Scoortz, Edgar T. Marx and
Malford C. Koch. Absent: Samuel R. Perryman.
Purpose of the meetin~ was far an unofficial canvas of th; Ballots on
the election held t:r.is date. (Vote on whe ther the City shall is sue its
revenue bonds in the amount of $400,000 for the purpose of building and
purehasing an electric system in aJd for said city)
Official canvas of the ballots will be made June 1, 1966 at the
City Hall in Schertz, Texas
Motion to adjour by Mr. Koch seconded by Hr. Koym, Carried.
t ~, 0 ~~
/31(;
ATTEST:
@ ~
Ij . )
oy ~iaha r - or
. ~{)A: d~vd!
G. H. Plckrell - ~(secretary
Regular meetin0' of the Schertz City Council held at the City Hall in
Schertz, Texas on 1 June, 1966.
Mayor Roy rr:r. Richard called the meetinr; to order wit h the following named
Aldermen present: Raymond G. Koym, Ottomar A. Schertz, Edgar T. Marx and
Malford C. Koch. 'Absent: Sa~el R. Perryman.
Also present Russell G. Rowell, Mr. & Mrs. Glynn Bennett, Louis F. Saegert
and it!. 11. Schneider.
l>Iinutes of May r:; and May 28 approved as read on a motjon by Mr. Koch, /J~
seconded by Mr. Koym and carried. / t, a'O
Resolut.j.on canvassing returns and declar:Ul[; reslll t of ele cti.on held It ; 3 q
May 28, 1966 having been read and a th orou[T,h canvas made, it was moved by. it
Alderman Halford C. Koch and seconded by AlderTlBn Raymond G. Koym tre resolution I~o
be passed am'! adopted. The follorrJinp' narred members of tre City Council voted
"Aye": Aldermen Schert7., Koym, Marx and Koch; and none voted "No".
RESOLUTION CANV A3SDrG RETURNS AND
DECLARIN G RESULT OF ELECTION
THE STAT~ OF TEXAS ~
~
CCUNTY OF GUADAIDPE ~
~
~ITY OF SCHERTZ ~
On THL3 the 1st day of June, 1966, the City Council of the City of
Schertz, Texas, convened in Regular session, at tre reGular rreeting
204
place thereof in the City Hall, with the i'ollowmg members present am in attendance,
to-wit:
ROY 1'1. RICP.ARD
HAY OR
CYrTOMAR A. SCHERTZ
RA"OOND G. KOYM
EDGAR T. MARX
HALFORD KOCH
)
)
)
)
ALDERMEN
and with the follOW'ing absent: Samuel R. Perryman
constituting a quorum; and among other proceed.ings had were the 1"o.l:lOW':ing:
,
Mayor Richard offered the following resolution to the City Council:
WHEREAS, tmder and by virtue of a resolution and order dnly passed by the
City Council of the City of Schertz, Texas, on th e tJth day of May, 1966, an elec-
tion was held in said City on the 28th day of May, 1966, on the proposition for
the issuance of $400,000 revenue bonds of said City for tl"e purpose of building
and purchasing an electric light system in and for said City, am
1..vHEREAS, upon consideration of the returns of said election, it appears tba t
the sarre was in all respects legally held after due notice had been given, and that
said returns were duly and Ie gally made; and ,;
\r-lHEREAS ,
cast 104
BONDS" , and
LIGHT SYSTEH
it further appears from said returns that a-t said election trere were
votes "FOR THE ISSUANCE OF $400,000 EIECTRIC LIDHI' 3YSTEH REVENUE
180 votes were cast "AGAINST THE ISSUANCE OF $400 ,000 ElECTRIC
~v1!.NUE BONDS"; therefore
BE IT RESOLVED BY THE CITY COUNCIL a? THE CITY OF SCHERTZ, TEXAS:
SECTION 1: That the aforesaid election was duly and legally called
and notice tl1e re 01" given in accordance with the laws of tre State of Texas and
the resolution and order calling said election; that said election was hel d in
strict conformity with the Constitution and laws of the State of Texas, and the
returns thereof have beel1 properly made to the officials of tre Cit.y entitled to
receive same; that only resident qualified electors, who owned taxable property
in said City and who had duly rendered the same for taxation were permitted to
vote at said election, and further that said election properly represents the
desires of those qualified to vote as aforesaid.
SECTION 2: That the propos; t; on to issue the $400,000 revenue bcr1 ds
for the purpose 01" buildin~ and purchasing an electric li~ht system in and for
said City was not sustained by a majority of the resident qllalifie d electcrs of
said City,r:.voting at said election, who owned taxable property in said City and
who had duly rendered the sane for taxation, and that the City Council of said
City is aut1~orized to issue said bonds and to provide for the payrrent of principal
of and interest on said bonds in the time and IJ1a.nner prescribed by law.
The above resolution havinr; been read in full, it was moved by Alderman
Malford C. Koch an d seconded by Alderman Raymond G. Koym
that the same be passed and adopted. Thereupon, the l~or put tre motion to a
vote of the rrembers of the City Council an d the following Jrembers voted "AYEIt:
Alderrren .schertz, Koym, Marx and Koch; and none va te d "NO".
The Mayor declared the motion carried and the resolution adopted.
. , .'.
.".",:.""",
f .
205
PASSED .A:TD APPROVED this the
1st
day of June, 1966.
f
Ci?-I;'/J!. @, ~i'l h/'P I
May;;;-~~tz, Texas
ATT":ST:
!f vj{,. f~,1 I'/kjr 0(;' (;
City d8CI'P.tary, City 01' Schertz, Texas
The :Hayor decla red the motion 1Jnnnimously carrien an d tl-B reso1ut.i.on
adopted. And, he als 0 announced tha t th,:-. rit~r H01,ld not protest the electio n
by reason of }I'~. GeorGe Bernal'cl, an employee of G.V.'2.C., loiter:in:-' at. the
Polling place as renorted by"r:itnesses ho T,Tas inside on 4 sqnarate occasions. ~?
Financial Statement Anrling December 31, 1961) was presented and, the ~(e" ~J
3ecretary was ordered to publish same. / / '-1 0
Due to Alderman Samuel 1. Perryman havin ',. been absent from severCil J ~q
meetinGs the Mayor declared he was removed from the Council leav:in g a 'If'6o
vacancy.
The Mayor read a letter "rom Eayor McClure of IJniversa:: City in regards ~j"oeq
to a ITEetinc he. had -vri tb him last r:onth .;me1 invi ting the Schertz City Council J 0 ~
to hold a joint meetiniI with them sorretime in the ne ar future. .
Mr. Bennett brought up th; question of street. paviYJ G wH ch was discussed
at leagth and the Mayor announced they ljJ'ould have a meet:inE:; on the 16th at ~(,,()qO
which time the Urban, Planning and Citizens Ac,visory Committees cculd all J:3 9
discuss the matter and Nr. Cross and Nr. 'yesterman ljwlld be here to help and
advise on the en~ineerinv and financial questions.
Hr. Rowell asked permission to dispose of 24 old meters wbich are not
worth repairins. Granted.
Attorney Louis 3aer(ert is to notify Mr. Lyle Frye the City will al101'l (, o~2
him use of approximately 10 feet of the dead-end street at t!OO Curtiss Avenue. f.t /-;:J
Alley cannot 1)e blocked.
Ordinance No. 142 pertaining to traffic cont rol in and t).1ru the City
Parking Lot proposed.. Hoti on by Nr. Koyrr. seconded by YlI'. Harx: the s arre be
passed and adopted. TIotion carrie d.
(pI, , b ~ /
/31
(,~I()~ 3
r /3 ~
~/f).
OfU):crANCE rm. 142
BE IT pRDAIN ED BY THE CI IT CO UNC IL OF TIE (;lTY (IF SCHE RTZ, TEXAS:
I~
Tha.t certain lot and parcel of land situated within too City of oche rtz,
Texas, leased by said City from the Southern Pacific Railroad, ly:iJjf:; west of
Lindbergh Avenue, South of Main street and IJorth of the Southern Pacific
:=tailroad ri,;:;ht of way, is hereHith desiGnated as a parking lot to '0'3 used
by the inhabitants of the City of Schertz, Texas.
II.
The Chief of police of the City of Schertz, Texas is hereby authorized
to construct and designate parking lanes and passa~eways over and across the
said lot for the purpose of allovdng motor vehicles to park and for ir)i:ress
and egress to and from such parking area.
206
III.
Any persoll who shall drive a motor vel,icle across the said tract of Ian d
except for the purpose of parking his rootor vehicle or, having so parked his
motor vehicle, leaving such parkine area shall be deerred guilty of a mis-
demeanor and shall be fined not less than $1.00 or more than $2S.00.
This orditlance shall become effective upon passage, a}proval and publication
as provided by law.
@.. ~~/d, (iG f1D.Al
~or
ATTEST:
II..~\
1JX0'" One bid has been received on build.ll1g a Dog Pound and Mr. Schertz will ask fer
I more bids on thi s.
I r6'o'l0:.. Mr. Charles E. Rouse has been hired and placed in char~ of the recreat~on
~ Department and Park.
1\ b/!J Motion to adjourn by Mr. Koym seconded by Mr. Kom and carried.
t .
if. 1{. OA ~;Jty G C.
~ecretary , ,
ATTEST:
M~, OA ~'L~k.k(J
G. W. p:LckreTl.:. (hG ~ecretary
-l
\
-~
Regular meeting of the Schertz City Council held at the City Hall in SCffl rtz
Texas June 16, 1966.
Mayor Row W. Richard called the meeting to order with t.re following named
Aldermen present: Raymond G. Koym, Malford C. Koch, Ottomar A. Scrertz and
Edgar T. Marx.
Also present Charles C. Cross, Mr. & Mrs. Glyn Bennett, C. L. 3tutTock,
L. L. Rhea, 1,'Talter Schneider, George P. Bolton, ~-1a A. Schertz am. Elgin Beck.
I'\V~ II Mayor Richard read Ordinance 143 authorizi..'1b Mr. Lyle H. Fry to erect a
fR\l~fence and use a part of dead-end street. Motioo by Mr. Koch seconded by Mr.
\ '( Schertz to accept and adopt the above. Hotion carred.
~,Lt?
ORDINAtl::E NO. 143
AN ORDnJANCE GRANTING PRIVILEGE 0:" U'E IN PUBLIC STREET TO LYLE I-1. FRY:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
That Whereas, the City of Schertz, Texas is tr~ owner of that
portion of a public street in said City described as follows:
BEGINNING at the SW corner of Lot 1, Block 32, Aviation
Heights addition for point of beginning;
TIENCE SH an extension of the South Line of Curtiss Avenue
10 ftJ
THiNCE SE a line parallel to the Southeast line of said
, ., .,.
"\l.\'!,j,~' "
~07
I
Lot 1, Block 32, Aviation Heiehts Addition, l4tJ ft.,;
THENCE NE a line parallel to the Southeast l:ine of Curtis
Avenue 10 ft.;
fHENCE lH a line parallel to the Southeast Ime of Lot 1
Block 32 of Aviation HeiGhts 14r:; ft. , more or less to t~
place of beginning.
And whereas, the said portion of said street is notnow
being used by the said city and;
1rlhereas, the said Lyle M. Fry wi shes to use too said portion
of said street and said use does not mterfere with th9 public
use of the streets and sidewalks of the City of Schertz, nor
does such use create any hazardcus or dan;:;erous condj tion
thereon;
NOH' therefore, the City of Schertz, Texas does herewith
author;L~e the Mayor of said cit,'T t'J enter into the ac;reel"Bnt
hereto attached and made a part hereof.
Passed and approved this the
6th day of June, 1966.
cp~jjJ. CPA ~/
~
ATTEST:
^-1, tit, {~)A /)kDO (
t;ecretar,7
Letter i'rom Judge Glenewinkle statinp' the Hi:~h1.ray Departnent has awroved t', Of?
Live Oak Road as a Farm to Market Road. Survey 1-1 rk to begin sl10r tly to 13.,
determbe necessar;r right of !..ray. . q
Letter from P~rry-and Perry Inc. Book on Urban Renewal for sale. ?c"l ()/~
Letter from Hr. LJrtton Hi,:hway Department re: FM 78 Bexar C01.mty 1
and thru Schertz. .c-v;~~'7
Peti tj on reque still r; annexation of property of Lucil18 Tliedelt s r:rop. ~ /
for new s:ubdivision received. l1oUon by Mr. Koym secomed by Hr. Marx to t~,...J~O
accept s~me. Motion carried. (33 acres) 10-,
Heai'in~ on the above set for July 7, 1966. Publicati on beinf" made.
Motion by Mr. Koch seconded by Hr. Schertz and carried authorizin<; bids for ??,)O /
l,fater and Sewer lmes to Riedel's subdi vis~ on be advertised and bids 1::11
opened July 7, 1966.
}t'ot~ion by Mr. Koch seconded by Hr. Harx' and carried to authorize
City Secretary to purchase mineograDh mach ine ($29~).
Motion to adjourn }k. Koch, seconded by YIT. Koym. Car~ied.
ATTEST:
G. '" !JkffJ~{It!~gLfary
(j)~iJ/' ~A kj,
Roy w. ~ichard - }~yor
208
Regular meetin~ of the Schertz City Council held at the City Hall in Schertz
Texas July 7, 1966.
Mayor Roy W. ~ichard called the meeting to order ,.Titr, the following named
Aldermen present: ~mond G. Koym, Malford C. Koch, Ottomar A. SclErtz anc1
EdGar T. Marx and City Attorney Louis F. Saegert. Eighteen citizens also attended
,:I;.he meetin~. -
~,WQ Mayor Richard read the reso11Jtion on a publ ic he arinp: con cerninrr the annex-
1.9.-& ation of a sub-division, Rio Vista, owned by Lucille's Inc. Mr. Charles C. Cross
\cr" representing the owners of said tract reqlle sted a chanl;;e be made in Col. #8 anc /19
on the footarre. This was corrected. There being no me aGainst the above stated
annexation, the resolution was accepted by the City.
\b; Letter from Mr. Ralph Yarborough who is il1Vesti~atinr General Neighborhocd
lt~q Renewal plan application for the city. . .
II .\ Also bro letters from Congressman John Young on the _ above plan advisin gall
If'is in order on aJplication and final decision on same would be made soon as
(Jt~ possible after 1 July. He enclosed a copy of letter from Don Humrrel Ass't. Sccy.
\\~ Renewal and Housing Assistance Office with the same inforrr~tion.
Bids on the construction of a Sanitary Sewer & Lift station for the City
opened, bids were as follows: (Rio Vista Sub Division)
~~ .loWre
I?-I
SACC
Howard Stich
E.C. Hall Co.
G.C. Falbo Inc.
26,920,96
26,299.00
26,183.00
23,870.00
--l
-~
olP Mr. Riedel will notify the City Council who is awarded the contract.
~(" I Plannin~ Comission after a recomrrended change deleting the Cemetery on the
t..~ Pla,t plans and allowing a 300' CO!T1'llercial frontage depth on Highway 78 of the Rio
b Vista Sub Division accepted and approved same. Motion by Mr. Schertz seconded by
Mx. Koym to a ,prove and adopt this plat. Motion carrie d.
\01/ Motion by Mr. Marx seconded by Mr. Schertz and unanimously approved, to extend
~~a Exchange Avenue frOM Lindberg to V~. Rowell's property and sub-divide a plot into
\~'1 lots 1 and 2. Street to be paved and curbed by property owners.
, r/b It was moved by Mr. Koym and seconded by Mr. Koch, tha t the city pay cost cf
~~,I ~20' of water-Sewer line to the new HiGh School on this project and open bids July
, 2,c', 1966. Motion unanimously carried.
'U Motion by Mr. Koym sec0nded by Mr. Marx to adopt the Ordinance on $3~,000.00
and sell bonds to pay for line to the new high sch 001. Moti on carrie d.
~~tloq ORDINANCE NO. 147
17' ~
~l'\
ORDINANCE AUTHORIZnm ISSUANCE OF $31),000
IICITY OF S CHFRTZ, TEXAS, WAT~ti\vORKS AND S~>lER
SYSTEH REVENUE BONIS, SERIES 1966", DATED
JUU 1, 1966
THE STATE OF TEXAS I
.~
COONTY OF au ADALTJPE ~
I
CITY OF SCHERTZ ~
ON THIS the 7th day of July, 1966, the City Council of the CiV
of Schertz, Texas, convened in regular session at the regular meetin g place
thereof in the City Hall, there bein g presen t and in attendance the follow-
ing members, to-wit:
ROY W. :UCHARD
MAYOR
OTTOMAR A. SCHERTZ )
RAYMOND G. KOYM
ALDERMEN
....:.;: I"
~-
---,
209
EDGA~ T. NARX
MALFORD KOCH
)
)
ALDERNEN
I"
AND I-lITH the followin r; absen t: Samuel R. Perryman .'
constituting a quorum; and among ather proceedings had by said Cit,y Council were
the followin g:
Mayor Rich ard in trnduced a pnposed ordin ance. The or diran ce was
read in full.
Alderman Schertz made a mati on that any rule requi ring
ordinances to be read at more than one meeting be suspended. Tffi motion
was seconded by Alderman Marx and carried by the following
vote:
AYES :
Alderrren Schertz, Koym, Marx and Koch.
NOES :
None.
Alderman Schertz rrade a motion that the ordinan ce be passed
finally. The motion was seconded by Alderman Harx and
carried by the follmving vote:
AYES :
AldeI'11l3n Sch3rtz, Koym, Narx and Koch.
NOES:
None.
The YJayor announ~ed that th3 ordinance had been fi r-ally passed.
Tre ORDI"ANCE IS as follows:
"AN ORDPIANCE by the City Council of the City of Schertz,
Texas, autborizinR the issuance of $3~,OOO 'CITY OF
SCHERTZ, TEXAS, WATERWORKS AND SE'JER SY8 TEH REVENUE
IDN LIS, SERIES 1966' date d July 1, 1966, for th3 purpose
of improving ~d extending the City's 1,.vaterworks
System, as authorized by tffi Constitution and 1 aws of
the State of Texas, particlllarly Article s 1111 to 1118,
both inclusive, Vernon's Texas Civil Statutes, as aIrended;
pre scribin r:; the form of too bonds anti tre form of He
interest coupons; pled?ir1F; the reven ue J of the City's
combined \vaterworks and Sanitary SeloTer System to tre
payment of the principal of and int,erest on said bonds,
after deduction of reasonable operat~on ann rraintenance
expenses, as said expmses are defined by statute;
enacting provisions incident and rplat.jn(f to the subject
and puroose of tt1:LS ordiPance; and declarin r an emergency."
H1fEnEAS, pursuant to an election heretofore duly and
legally called and held for till puroose, the City Conmi 1 of till
Ci ty of Scher;jz , Texas becane aut!- orized and empowered to issue s?8 cia 1
obligation bond s of the City payable as to princi i)al a.r:d in terest sole ly
from the revenues derived from the operation of tffi 1/1aterwarks and Sanitary
Seiver System of said City, includiDg all a,:ditions, extensions, replacements,
and improvements thereto whic h may hereafter be made, after deductions
therefrom of the reasonable expenses of maintenance and operation of said
System, the follavJinc sched Ie reflectin~ certain pertinent informatio n with
respect to such authorization:
21U
ELECTION
DATE
TOTAL VOTED
AurHORIZATION
AMOUNTS VOTED
FOR PURPOSES
INDICATED
PREVIOUSL Y
ISSUE D
BALANCE
UNISSUED
Dec. 15,
1962
$ 600,000
$600,000 -
1rlaterwcrks
$350,000
$250,000
-,
and
WIEREAS, tre bond s previously issued as above referred
to have been heretofore authorized, issmd and sold, pursuant to
ordinances duly passed, adopted and enacted by the City Council
of the City of Schertz, Texas, sane being hereinafter define d in Sec.-
tion S(e) as the "previously issued bonds", and in the
ordinances authorizing such previously issued bonds, the City
reserved the right to issue add" tional balds on a parity with the
bonds authorized as aforesaid, payabU.e from a first alien on and
pledge of the net revenues of its combined Waterworks and Sanitary
Sewer Sy::>tem, but only pursuant to and subject to the restrict"ons,
covenants and limitations conta:imed in the ordinances authorizing
said bon ds ;
WHEREAS, the City Council finds and determines:
(a) That the City is not in default as,to any covenant,
condi tion or obl~ation prescribed by the ordina nces authoriz-
in~ the issuance of the outstanding bonds;
(b) That each of the funds created by the ordin ances
aut~ orizing the issuance of tre outstanding bonds contains
the amount of money required to be on deposit hherein; and
(c) The average annual net revenues of tffi combine d
Waterworks and Sanitary Sewer System, as certified by a
Certified Public Account~nt for the two (2) precedin g fiscal
years endin~ on December 31, 1964 and 1961), are equal to at
least one and bne-half (1-1/2) times the average annual princi-
pal and :interest reql1irements on all first lein revenue bond s
payable from the net revenues of tffi System which will be
outstanding after the proposed $3~,OOO City of Schertz, Texas,
n-aterworks and Sewer System Revenue Bonds, Serie s 1966, are
issued, sold and delivered. Such average interest and
principal requirerrents were computed on a calendar year basis
as of the 1st day of July, 1966, beina,' tre date of tre
proposed issue;
and
WHEREAS, the Series 1963 bonds 1rJere issued for the pur-
pose of purchasing a privately owned waterworks system whic h
serves the inhabitants in and in the vicinity of said City and
improvin~ and extending said waterworks system, and suc h sys tem was
acqnired by too City with the proceeds of said bonds; the Series
1964 bonds were issued for tffi purpose of :improvi~ and extending
the City's Waterworks System in accordanc e with said voted au-
t orization and it is now found and determ:ined tha t $3~, 000 of the
said voted authorization should be issued for th:! purpcse of
improving and extending the City's I'Taterworks System in accor-
dance with said voted authorization and that the remaininp: amount
of said bonds, to-wit: $211),000 shall be issued at a future date
-~I-,
211
or elates, \N'hen in the judr;ment of the Ci.ty Council of said City
the proceeds of tlle said addjt' anal bonds are needed for too
purpose for which autborized, the refore
or BE IT ORDAINED BY THE CITY COlJ NC IL OF THE CITY OF SCHE RTZ,
TEXAS :
SECT ION 1: Amnunt - Narre - Purpose ann Authori zatio n of
Revenue Bonds. That the serial coupon revenue bmd s of tne City
or sche::'tz, Texas, be issued in the principal amount of 03'=:,000
to he known and designated as It(;ITY OF SCHERTZ, TEXAS, "'TATER\TORKS
AJID SE,VER SYSTEN REVENUE BONUS, SERIES 1966", for the purpose of
improving and extenrl:me: tte City's !,vaterworks System urrler and by
virtue of and in strict conformity Hith the Constitution ano la1N's
of the state of Texas, pa rticularly Article s 1111 to 1118, both
inclusive, Vernon's Texas Civil 3tat1ltes, as amended, and pursuant
to the sp:!cial election held in said City on tr'e lr;th dayof'
December, 1962, the bonds hereby authorized beinZ a portion and
the third installment of bonds ont of a total of $600,00D revenue
bonds authorized at said election, whic h said series of bond s,
together with the outstand:ing arrJ unpaid previousl,'l issued bond s
(as herein define d) are payable, as to principa; and interest,
solely from the revenues derived from the operation of the
lrlaterworks and S!3.nitary Sewer .::>ystem of said City, includinr: all
additions, extensions, replacements and irnpr'ovenents thereto
wrd.c h may hereafter be made, after deduction therefrom of the
reasonable expenses of maintenance and operation of said System.
SECTION 2: 2.01 - Date - Bond Numbers - Denmnination
and Maturities. That said revenue bond s shan be dated July 1,
1966, shall be numbered cars eClJti vely from One (1) through
Seven (7), shall ~ in denominat.i on of Five Tl1o11sand Dollars
($~,OOO) each, agr;rer,atin c; TTIJ:RTY FIVE T,TOUSAND DOLLARS ($3~ ,000), and
shall become due and payable serially in their numeric;:Jl order
on June 1 in each of the years 1994 through 1997, in the respec-
tive amounts shown in the fol10winr; schcd'"le, to-Ttlit:
BONDS NUHBERS
(All Inclusive) }/IATURITY ANOUNT
1 1994 $ t), 000
2 199'5 1),000
3 1996 1),000
4 to 7 1997 20,000
2.02. - OPTIO:'T OF PRIOR REDEMPTION. That each af too bonds of this
issue maturinG on and after June 1, 1994 shall be subject to redemp-
tion prior to maturity on June 1, 1984, and on any jnterest payrrent
dat.e the reafter, at a price of par and unpaid accrued interest to
the date fixed for redemption. Notice of the intention to redeem
shall be r-iven in writin9" to the bank at which said bonrt s are
payable, ~nd said notice'shall b3 published at least one (1) time
in a financial journal or publication of general circlJlati.,n in
the United States of America, which notice shall be r,iven to said
bank and publisood in said journal 0 r publicati on at Ie ast thir ty
(30) days prior to the date fixed for redemption. If, by the date
fixed for redemption, fl1nds shall have been made available suffi-
cient to pay tre principal of any bond so called for rederlDti on and
uppaid accrued interest thereon to the date fixed for redemption,
21~
it shall not the reafter bear interest. In the event that les", tha n
all bonds oo.tstanding then eligible for redemption shall be thus
called, the bonds then proposed to be redeened shall be called
in inverse numerical order.
t
SECTION 3:- 3.01. INTEREST RATE AND INTEREST PAYl-!ENT
DATES: That said bonds s-- all bear interest per an D"m, represented
by interest coupons attache d to said bonds at the rate of Five
per centum (1)1,), interest payable December 1, 1966, and serpi-
annually too reafter on June 1 an d December 1 of e ac 10 year untj. 1
the principal sum is paid.
3.02 - MODE OF PA~'MENT AND BANK OF PAYHENT. That both principal
01' and interest on said. bondS shal.l be pa "rable in any coin or
currency of the United States of America whic h, on the resIE cti ve
dates of paYment of sl~ch principal and interest, is le~al tender
for the payment of debts due the United States of American, at the
FROST NATIONAL BANK, San Antrmio~ Texas, witr.out exchange or collec-
tion charges to the owners of the bonds and/or interest coupons.
The principal of said bonds shall be payable only upon present ation
and surrender of said bonds as they respectively become due , and
interest falling due on and prior to the respective matur'ity dates
of the bonds shall be payable only upon presentation and sur render
of the il1terest coupons attached to said bond s as such interest
coupons severally become due.
SECTION 4 - EXEC11TION OF IDNDS AND INTEREST OOUPONS:
The seal '01' said c~ty may be impreseed. on each 01' said bonds or
in the alternative a facsimile of sucr seal may be printed on the
said bonds. The bonds and inter st conpons anpurtenant thereto
may be executed by the imprinted facsimile si gnatures of too
Mayor anrl City Secretary of the City and execution in such manner
shall have the same effect as if S1Jch bond s and coupons had been
signed bv the Mayor and City Secretary in person by the ir manual
signatures. Inasmuch as such bonds are required to be registered
by the Comptroller of Public Accountg for the State of Texas,
only his signature (or thatof a daputy designated in writin g to
act for the Comptroller) shall be required to be manually sub-
scribed to such bonds in connection wi V' his re gistration certi-
ficate to aDpear thereon, as hereinafter provided; all in accordance
with the provisions of Article 717j-l, V.A.T.C.3.
-,
I
I
_J
SECTION 5: FDRM OF BONDS: That said boods shall be in
substantially the follow" ng 1'orm:
NO.
mUTED STATES OF ANERICA
STATE OF TEXAS
COUNTY OF GUADALUPE
$5,000
CITY OF SCHERTZ, TEXAS,
\vATER\.V'ORKS AND SENER SYSTEM REVENUE BOND
SERIES 1966
THE CITY OF SCHERTZ, in the County of Guadalupe, in tre
State of Texas, FOR VALUE RECEIVED, hereby acknowledges itself in-
debted to and PROMISES TO PAY TO BEARER ON THE FIRST DAY OF JUrE,
19 , solely from the special fund he reinafter 8J;e cified, the
sum of
,-----\
i
I
l_J
FIVE THOUSAND DOLLARS
.~I
213
1-
($5,000), and to pay interest thereon fro~ the date hereof at the
rate of FIVE PER CENTUM (S~) per annum, interest payable Decerriber 1,
1966, and semi-annually thereafter on June 1 and Decenber 1 of
each year until the principal sum hereof shall have been paid.
Both principal of and interest on tb~s bond are payable in any
coin or curren cy of ~he United States of America whic h on tffi
respective dates of payrrent of sl1ch pr:incipal and interest is
legal tender for the paynent of debts due the Unit':(d states of
Americai at the FROST NATIONAL 3ANK, San Antnnio, Texas, without
exchanr;e or c01lection charges to the owner or holder. Tre
pr:incipal hereof shall be payable only upon presentation and sur ren-
der of this bond, and interest hereon fallin?" due on aqj prior to
the maturity of this bond shall be payable only upon presentation
and surrender of the interest coupons hereto attache d as suc h
coupons severally become due.
THE DATE of this bood, in conformity with the ordinance
hereinafter mentioned is July 1, 1966.
THIS BOND is one of a series of seven (7) serial bonds of
like date and tenor, except. as to serial number and maturi ty,
being numbere~' consecutively fr0m 1 throu~,h 7, in denomination of
$S,OJO each, aggregating $3-=;,000 (bemg a portion and the Uri.. rd
installment of bonds, out of a total of $600,000 bend s a 't' or ized
at the election hereinafter mentioned), and to;;etmr with tm other
bends of said ,series, is issued for the purpooe of improving and
extending the City's 1.vateI"tvorks 3Y3tem, under and by virtue of
the Constitution and la~^Ts of the State of Texas, particularly
Articles 1111 and 1118, both inclusive, Vernon's Texas Civil
Statutes, as amended, and by authority of a vote of the duly
qualified resident electors of said City 1Vho o1med taxable
property within said City and who had duly rel1dered the sarre for
taxation, at an election held 1-r:i.thin said City on the li)th day of
December, 1962, ano pursuant to an ordinance lawf'Jlly adopted by
the City Council of said City anr duly recorded in the official
minutes of said City Council, to all the provisions of 1Vhich ordi-
nance the owner or holder of tris bond anr' of the :in+er"'st CCH pons
appurtenant thereto, by the acceptance th;reof, expressly assents.
,--.
EACH OF 'IRE BJ\TDS OF Tm3 ISSlm MATTn:r~]G ON AND AFTER
Jlme 1, 1994 (Be in g Bonds Nos. 1 throw;h 7) SHALL BE 3D BJECT TO
REDEMPTION prior to maturity ON June 1, 1984, an0 on any interest
payment date thereafter, at a price of par ann accrued "interest to
the date so fixer, for redemption. If tl'B City ele cts to redeem
all or any part of said bonds, notir::e of the.? intention to redeem
shall be given in writin. to the bank at which said bonds are
payable, and said notice shall be published at least one (1) time
in a fir>ancial journal or publication of <;eneral circula ti on in the
United States of America, which noti ce shall be [;iven to said bank
and publ ished in said journal or publication at Ie ast thir ty (30)
days prior to the date fixed for redemption. If, by the date fixed
for redemption, funds shall have been made available sufficient to
pay the principal Jfany bonds so called for redemption and unpaid
accrued interest thereon to the date fixed for redemption, it shall
not thereafter bear interest. In the event that less t.han all bOlds
outstand:in~ then eli~ible for recJe"TJption shaJ.1 he thus called, the
outstanding then eligible for redempti.on shaH be th'JS called, the
bonds t.hen P1'oposed to be redeerred s]~all be called in inverse nurreri-
cal order.
214
EACH SUCCE3SIVE HOLDER OF TT-1JS ronn and each successive
holder of each of the in terst coupons ffireto attached is con-
clusively presa.med to forego and renounce his eqnities in favor of
subsequent -holders for value and with ou t notice, and to a~e tha t
this bond and each of the coupons hereto attacred may be ne~otiated
by delivery by any person having Dossession thereof, howsoever such
possession may have been acquired, and that an y holder who sh all
have taken this bond or al1Y of the coupons from an" person far
value and without notice the reby has acquired absolute ti tJ.e
thereto, free from any defenses enforceable again st any prior
holder and free from all equities and claims of avnersDip of any
such prior holder. The City of Schertz and its official and fiscal
agents shall not be affected by any notice to the contrary.
I
TFIS BOND shall not be deemed to C'Ons ti tute a debt of
the City of Schertz or a plcdc;e of its faith and credit, but,
together with the outstandinG and unpaid previously issced bonds
(as defined in the ordinance a1)thorizing the series of bonds of
which this is one) shall be payable, as toprincipal and interest
solely from the revenues derived from the operation of the Water-
works and Sanitary Sewer Sy-,tem of said City, includinf all addi-
tions, extensions, replacements, and improvem:mt s the reto which may
hereafter be made, af'ter deduction the refrom of the reasonable
expenses of maintenance and operaUon of said System. The holder
hereof shall never have the right to demand payment of this obl;l
cation out of any funds raised or to be raised by taxation.
THE CITY EXPRES;3LY RESERVES THE RIGHT TO ISSUE the re-
ma~mng bonds authorized at the election held on December l~, 1962,
and additional bonds payable from the net revenues of said Water-
works and Sanitary Sewer System, and such remainin~ voted bond s and
additional bonds may be on a parity and of equal di<;nity in all
respects with the bonds of tnis issue aOO wit h the outstandj rg
previously issued bonds, but such remaining voted bonds and addi-
tional parity bonds may be issued only pursuant to and subject to
the restrictions, convenants, and li~itations containen in the orid-
nance authorizing this issue of bonds~ to wDich reference is
hereby made for all particulars.
,--.~
i ,
i
_-.J
IT IS HSREBY CERTIFIED, RECITED ANT' REP"1ESENTED that the
issuance of this bond an d th e other bon ds of tDe series of T,rhic h
this bond is a part is d111y authorized by la1-T; tl-.at all acts, cOl1di-
tions and thines required to exist and to be doo e precedent to an d
in the issuance of this series of bonds to render the sane lawful
and valid have been properly done and perforne d and have happened
in reg1llar and due time, form and manner, as required by law; that
due provision has been made for the payment of the principal of and
interest on this bond and the other boods of the series of which
it is a part by irrevocably pledgin~ the net revenues of said
l>laterworks and Sanitary Sewer System; and that tre issuance of this
series of bonds does not exceed any Constitutional or statutory
limitatjons.
IN TESTJHONY loJHEREOF, the City Council of the City of
Schertz, Texas, in accordance with the provisions of Article 717j-l,
V .A. T .C.5., has caused the seal of said City to be impresed or a
facsimile thereof to be printed hereon, and this bond and its
appurtenant cOl.lplons to be executed ';'ith tffi imprinted facsimile
,-
,I
signatures of the Mayor and City ~;ecretary of said City, as of the
1st day of Jnly, 1966.
W~~ a? /'1 ~~ J.
I"Iayorr;-City of Sc ertz, Texas
CC1UNTERSI GNED:
\
,4, II, V, (' k ~( ( (
City Secretary, City of sche rtz, Texas
.:3ECTION 6: FOTDf OF INTEREST (J.;'PO'~S: Thct the intnrest
coupons attache d tl) satd bond s stall be in su bstantiall y too
followinr.r form:
NO.
$
ON THE FIR.3T DAY Of" , 19 , ~~THE CIT Y
OF SCHERTZ, in the County of Guadalupe, State of Texas, PROMIJES
TO PAY 'ill BEARER, without exchanpe or collection d1a rges, at tre
FROST NATIONAL BAiJK, San Anton io, Texas, TEE SUN OF $
in any coin or currency of the United Jtates of America, v-r}-,ich on
such date is legal tender for the payment of debts drn the 'Jnited
States of America, sole ly from He soecial fund spe cified in the
bond t(~ T"hich th.5 c()l1pon a pertains, said sum beinrr interest due
that elate on City of Schertz, Texas, ~rfatervJorks an Sewer System
Revenue Bonds, Series 1966, bearini' the number hereinafter spe ci-
fied, dated July 1, 1966. Tre holder hereof sraJl never ha ve the
ri6ht to demand payment of tti'3 obligation out of any funds raised
or to be raised by taxation. Bond No. .
Ci?~1. @:f;jA)~)
Mayor, CIfJiT of' 3 che rtz, Texas
City ttftJ2A {it A;/ Lertz, Texas
~~(C01)P0l1S maturinrr after June 1, 1984 srall contain the folloi'" n:;
arlditional clause:
unless the bond to whieh this coupon appertains has
been called for previous redemptj on anc1 due nrovisi on
made to redeem sa~re,)
SECTION 7: REGISTRATI ON OF roNDS BY :.:)TATE COIvIPTROLIER
.AA'D FORN OF REmSTRATTCYJ CERTIFICATEt, Tha t each of said bends
shall be registered in the office of the Comptroller of Public
Acc01mts of the State of Texas, as provided by la1', and tl-x:: rcc:is-
tratj on certificate of said Comptroller of Public Accounts, whic h
certificate is to be pr;nted on the back of each of said bon ds am
is to be manually execnted, sha! 1 be in substantially the follow
form:
~15
,
216
OFFICE OF COMPTROLLER ~
~
THE STATE OF TEXAS 0
REGISTE,R NO.
I HEREBY CERTIFY that there is on file and of record in
my office a certificate of the Attorney Gene ral of tho; State of
Texas to the effect that this bond has been examined by him as
reqlJired by law, and that he finds that it has been issued in
conformity with the Constitution and laws of the State of Texas,
and is a valid and binding special obligatj on of the City of
Schertz, Texas, payable from the revenues pledged to its p9.yment
by and in the ordinance authorizing the same; and said bond has
this day been registered by roo .
,~
I
i
!
\HTNE:3S MY HAND AND SEAL OF OFFICE at Austin, Texas,
.
Comptroller of Publi c Accounts 01'
the State of Texas
SECTION 8i' DEFINITIONS: That, as used in this ordinance,
the followif'g words and terms shall rrean and include, and are
defined, as follows, to-wit:
(a) City - The City of Schertz, Texas, and where appro-
priate, the City Council thereof.
(b) System - the T\!aterworks System to be purcha sed by
the City with the proceeds of sale of tre boods aut! or ized by this
ordinance, the ordil'Jance of April 11), 1961:, and tre ordinance of
January 29, 1963, and the sanitary sewer system of said Ciilf under
construction, including all present and future addit~ons, exten-
sions, replacements and improvei'J8nts to said water works sYdtem and
sani tare'! sewer system.
;-1
(c) Net Revenues - tre gross revenues derived from the
operation of the ~ystem leds the reasonable expenses of maintenance
and operation of said System, includin f: all salaries, labor, mater-
ials, interest and such repairs and extensi ons as in tiE judgenent
of the governing body of the City are necessary to keep tre plant
or utility in operation and render adeqllate service to StC h City
and the ihhabitants thereof, or such as might be necessary to neet
some physical accident or condition which w)'"ld otherwise impair
the original security.
(d) Bonds - the $3:;,000 City of Sche rtz, Texas, T.Tater_
works and Sewer System Revenue Bonr.s, Series 1966, dated July 1,
1966, alJtl-orized by this ord:i.nance.
(e) Previously Issued Bonds - tm City of Sche rtz,
Texas, 'Taterworks and Sewer System Revenue Bonds, Series 1963,
dated February 1, 1963, in tho ori~inal pr" ncipal am ount of
$300,000; and the City of Schertz, Texas, Waterworks and Sewer
System Revenue Bonds, Series 196L, dated May 1, 19f4, in the ori-
ginal principal amount of $~O,OOO.
~l
\_j
(f) Remaining Bonds - tre remalmng $211),000 revenue
bonds authorized at the election mId in the City oti the ll)th
:~I
217
day of December, 196?, and which tte City expressly reserves the
right to issue in Section 10.06 of this ordinance.
(g) Additional Bonds - tte add~tional parity revenue
bonds that the City expressly reserves the ric-ht to is sue in
Section 10.07 of this ordinance.
SECTION 9: SECURITY FOR BONDS, REHAINJN G Br1:'JDS .cum
ADD'TTONAL BONDS: That tIE Bonds, the Previously Iss1.E d Bonds
~and, whe n issued, the R.emaining Jonds and the Ar'lditio nal Bond.s)
are payable from ann secured by a first lien on and pleor;e of tlB
revenue of the System after deduction the refrom of trB reasma ble
expenses of maintenance and operation of said 3ys tem. The Borrls,
the PrevioliUy Issued Bonds, and, wren issue d, tte -qema~ninr: ....lends
and the Additional :aonds shan be in all :resDects on a parity and
of equal dignity with one another.
SECTTON 10: PLEDGE OF NET REVENUESI., That all of the
net reven'OO s from the operation of the System, with the exception
of those in excess of the amounts require,l to establish and main-
tain the funds as hereinafter provided, are hereby irrevocably
pledged to the aYment of the Donds, the Previously Issuer1 Bonds,
and, 1vhen issued, the Remaining Donds and tte Additional BarrJ s,
subject to the terms and provisions 0' this ordir a nce. For the
benefit of tb..e 'Tie;inal purchaser of the bone's and for the benefit
of any and all sub~equent holders of said Bone1 s, interest coupons,
or any part thereof, and in acldttion to all otherlrnvisio113 and
covenants and the laws of the State of Texas, and in this ordi-
nance it is expressly stip"1ated:
10.01 - RATES. The City shal1 fix and maintain rates and
collect charges for the fac-ilities and services afforded by the
System lvhich will prOd1.1Ce revenues sl1ffj_cient at a11 ti mes:
(a) To pay for all operation, maintenance, depreciation,
replacement, and betterrrent cha':,:es of th9 System;
(b) T" prodl1ce net revenues each year in an amoont not
less than one anr ,ne-half (1-1/2) ti"es thP. aVerafl'e annual prin-
cipal anc jnterest req"irplTBnts on all bOllr1S then outstanding
payable from the revenues of tl-e 3Y3tern;
(c) To establish and maintain the Bond Fund anr~ the
Reserve Fund as provided in this ordir,ance, and in tlE ordinances
auttorizing the issuance of the Previously Issned Bonds, and any
ordi ances anthorizinJ, the issuance of the Remaining Bonds and the
Additional Bonds; and
(d) To pay all outstancli.n.:; indebtedness ap;ainst the
System, other than the Bonds, the Previously L,SlB d Bonds, the
1emainjng Brlr,ds, and the Aoditional Bonds, as and -when the same
becone dlJ8. Provided, also, that no free service or services of
the 3ystem shall be all01,v'ed, ane sf>ol'ld the City Or' any of its
agencies or instrumentalities make use of tbr; services and facili-
ties of the 3ystem, payment of a reasonable vallle the reof shall be
made by the Cit'r ont of fllnds derived from S,>'lrces oVv::r tl)an
revenues and income of tre dyttem.
2t~
10.02 - USE or REVENUES: The City will deposit, as
collected, all revenues derived from the operation of the System
into a separate account (herein called the "System Fundfl) whic h
shall be kept separate and apart from all otoo r f:lnds of tre City.
The System Flmd shall be administered as follows:
'I
I
(a) Maintenance and Operation. From the moneys in too
System Fund, the City shall pay the expenses of main tenance and
operation of the System, includine all salaries, labor, materials,
interest, and such repairs and est~nsions as in the judgment of the
loverning body of the City are necessary to keep too plant or utility
in operation and render adequate service to such City and tl-e
inhabitants thereof, or such as mi~ht be necessary to meet some
physical accident or condi ti0n which wO'11d otheY"':rise impair the
original security.
l_J'
(b) Bond Fund. There is ooreby created and established
a special fund for the pa~nt of tre principal of an6 ir.terest on
the Bonds, to be known as eITY OF SCHERTZ T,vATEm-frnKS ArID SE!\TER
SYSTEM REVENUE BOND, SERIES 1966, mTEREST AIffi STKr::;G F'Jrm,
hereinafter referred to as the "Bond Fundfl. After the paYment of all
expenses provided for in the rext preceding paragraph, the City,
on or before the lOth day of each month, begj.nninc; with the month
of July, 1966, and cant" nuin~ until all the Bonds have been finally
paid, both as to principal and interest, shall from moneys in the
System Fund, pay into the Bond Fund the following am Cll nts :
(1) On or before July 10, 1966, and on or before the
lOth day of each month tooreafter to and includ in~
N ovembe r la, 1966, an amount whic h is not Ie ss tha n
One-fifth (l/I)th) of too interest fall we due on
December 1, 1966, on the Bonds; and
(2) On or before December 10, 1966, and on or before
the lOth day of each month trereafter, an amount
w1ich is not Ie ss than:
One-sixth (1/6th) of the next maturing
interest on the Bonds,
and
(3) On or before June 10, 1993, and on or before the
10th day of each month thereafter, an amount which
is not Ie ss than:
One-twelfth (1/12th) of too next maturing
principal of the Bonds.
If in any month the City shall, for any reason, fail to pay into
said Bond Fund the fl,ll arrounts above stipulated, a1'lJmmts equiva-
lent to such deficiency or deficiencies shall be set apart and
paid into said Bond Fund from the first available and unallocated
revenues of the follow'n~ month or months and shall be in addition
to the amounts hereinabove providerl to be otherwise paid into said
Bond Fund each month. The moneys paid into tre Bond Fund shall te
deposited in the official depository o~ the City, and shall be
continuously secured by a valid pledge to the City of direct obli-
gatlons of the United States of America, havir,g an a~C':regate narks t
value, exclusive of accrued interest, at all times equal to such
--.'1
i
-_J
~i~I'
~.19
Bond Fund. The amount receive" fro'l] the purchaser of tb8 Bends
as accrued interest the:re on from thp date of tl~e 30nds to ti'e
date of delivery shall also be placed in the Bond Fund, 'Nhich
shall reduce by such amount the sums whi chl,Trmld othsI'lrTis8 be
required to be placed into the Bond Funci from the revenues of tiE
SY3tem.
(c) Reserve Fund. There is hereby created ano esta-
blished a special fund as a reserve for the Bonds, to be known as
"CIT!: OF SCHERTZ v.TATERi.vORK3 AND SEhTE::t SYSTEJ'~ REVENUE BOnD, .:3ERIES
1966, BESERVE FUND" hereinafter referred to as the "Reserve Fund".
After the paYments required by the next tlNo precedin "; parap:ranhs
have heen made, the City on or before the lOth day of each month~
be,,;inniw' VJith the month of July, 1966, shan, from moneys in the
System Fund, pay -into the qeserve Fund an a'iount wbich is not less
than $ 3 ~.oo per month, ann suc h montrlv p9. VT1'Bn ts shall
be cont-i_nued until sl1ch time as the re is in the, Reserve Fund an
amount not less than $ 2,100 . If in any month the City
shall, for any reason, fail to pa'! i..nto the Reserve F1l.nd tl,r> ful}
amount above stipulated, amounts equivalent to s11ch rleficiency or
0eficiencies shall be set apart anr1 paid into the Res0rve Fund from
the first available anrl unallocated revenues of th3 folJ OtNine month
or months anrl shll be :if I add:tion to thr::> monthl~r deposit herein-
above provided to be oth?rw1.se paid :into said Reserve Fund. TiE
moneys paid ~l.n to theRes'3rve Fund s1-,13.ll be de-:Josited in the offi-
cial depository of the City and shalJ be continuously secured tv a
valid pledGe to the City of direct obliGations of the United states
of America, havinf; an a.-""re;Y,ate market value, exclusive of accrued
interest, at all times at least equal to SllC h Reserve Fund. The
moneys in theRpserve Fund, at t110 option of Ue City, may be
invested in direct oblir3ations of the Un jtec1 .::3tates of America matur-
ing within 10 years from the date of purchase or maturin" before
the final maturity of the Bonds then 01.1 tstanding, Hh'ichever shall
first occur, which shall be deposited in e,crow lN1 t h th e local
depository under an escrow agreement. If 811Ch moneY3 are S0 in-
vested and deposited in escroH, the City shall have the ri ~ht to have
sold ann shall sell throurr,h +,h"? escrO',r a..,ent on the open narket a
sufficient amount of such securities in o:w'er to Jreet its obli'a-
tions of principal an d in terest in the event that it doo 8 not have
suffiecient uninvested funds on hand for such purpose. Under such
c-ircumstances, the ~yor is hereby allth orized, ordered and d:i rected
to give fifteen (l~) days I writ ten notice to SllC 11 escrOH ar;ent of
the necessity to sell such securities on the opeD market. After
said sale, the mooeys res1llt-inr; therefrorr. sh8-11 belon'~ to thp Reserve
Fund and sh an be available to pay slJch obligation s of principal
and irJterest as above provided. 30 lon" as the Reserve Fur'd cnn-
tains a balance of not les[3 than $ 2,100 , no further pay-
ments need be made into said Reserve Fund; however, in thp evort
that said balance is ever reduced to an amount less than $2aOO;
the monthly payments, as provided above, shall be contj~ued and
resumed until sairl balance of not less than $ 2,100 is again
reached and maintairJed.
(r'I) Trust Funds: Moneys in th'- Dond Fund anc: in the
Reserve Fund 8haJl constitute trust funds, and shall be used
solely for the aforesaid purposes until all of the Donds have
been retired, both as to principal ane; interest. TiE aopropriate
officials of the City shall assure too t moneys are transferred
from the Bond Fund (and, if necessary, from the Reserve Fund) to
the bank of payment at the proper times so tha t funds ivill be
220
available for the payment of the interest on and princioal of tl"e
Bonds as such interest and nrincipal respectively beccrne em an:!
payable. When there are mooeys in thebood Fund and Reserve Fund
sufficient to make all interest payments and all principal payment s
due and to become due to the final maturity of all bonds then ou t-
standing payable from the revenues of the ..Jystem, no further pay-
ments need be made into said Bond Fund and Reserve Fund.
(e) Surplus: Any funds remaining in the System Fund
after provisions has been made for the payment of the reasonable
costs of maintainin g an d operatin!" tire System, am. for the payments
into the Bond Fund and the Reserve Fund for the bonos herein
authorized"and thepretiously issued oonds, as abo',e provided, and
after provision has been made for all payments that may be
req'1ired by ordirances or proceedir~ s pertain ing to Remain inf .dnrds
or Adrli ti 0nal Bonds, may be used for the reti rement of Brn ds,
Previously Issue d Bonds, Remain:in g ..J onds, or Addi tj onal Bonds, or
may be used for any ather purpose or purposes permitted by law.
10.03 - MAINTENANCE AND OPERAT!ON: The City shall
maintain the .::iystem in good condition and operate the same in an
efficient manner and at a reasonable cost. So Ion!" as any of the
Bonds are outstandin~, the City agrees to maintain insurance, for
the benefit of the holder or holders of said Bonds, 011 the System
of a kind and in an amount which would usually be carr:ie d by
private companies engaged in a similar type of business. Nothing
in this ordinance shall te construed as requiring the City to
expend any funds for this purpose which are derived from s0urches
other than the operation of the System, but nothin r herein shall
be construed as preventinG the City from doin g so.
10.04 - ACCOUNTS FISCAL YEAR, AND ACCOUNTJNG REPORTS:
(a) The City shall keep proper records and accounts tseparate from
all other records and accounts of the City) in which complete and
correct entries shall be made of all transactions relat:ing to the
System. The City will operate the System on the basis of a fis cal
year ending December 31st.
(b) Not later than the l~th day of each month, beginning
with the mOl1th of August, 1966, the City will furnish, without
cost, to:
Any holder of any Bond or Bonds
wro may so request in writil1g
a copy of a monthly operatinG" statement signed by an official of
the City, coverinR the next precedinrr calendar month, showinr:r the
followins information relatinq to the System:
(1) Income and expense statement;
(2) Balance in each of the Flmds created by this
ordinance;
(J) Number of bill:in r,s for water services of System;
and
(4) Number of billinp:s for sanitary sewer services
of System.
< ~i .
221
(c) Not 1a ter than 90 days after thr> close of each fiscal
year bef!"rminf; with the fiscal year enrl.in:~ Decenber 31, 1966, tl-E
City will furnish, witlout cost, to -
r-
i
Municipal Advisory C~lncil of Texas
Austin, Texas,
Any holder of any Bond or' bands wi',o may
so reqUBst in writinG,
a signed or certified copy of a report of an independent certified
public accountant or fjr!l1 of certifiec1 p11bl:Lc accountants, coverins
the next Drecedinc~ fiscal )Il?ar, showinC' th~ follo::.rin,,: i.fnrma-
tion relating to UB 0ystem:
(1) Incane and eXlense stateinP-rt;
(2) Balanc8 0reet;
(3) Accountant's corrrnent regardin7 th? manner in
\v}lich the City has complied T,Tit" the require-
ments of U\js ordinance, and his recommenda-
t; ons for any chan;:;es or improveTrBn ts .in too
acco1Ultim~ pr ace rlure s ;
(4) List of jnsurance policies in force at en d of
the fiscal ye ar, sLavin r;; as to each prJlicy
the risk covered, the na11B of tlJ:? :ins urer,
and the expiration date;
(~) The number of unmetererl vater customers of the
System at the end of said fiscal :year, if any;
and
(6) Tl-e number of gallons of Tvater pumped into or
taken by tne o.Jystem and the number of r;all ODS
of IN'ater sold by t.he System durinr- sair' fis cal
year.
10.0~ - IN.3PECT'ON3: Any purchaser of 2~ib or more in
princjpal arrount of' the Bonc1s, anr any holder of 2'~~ or more in
principal amount of the .i::lonrs +te n cutstandi n~ shall have the r:Lr ht
at a.'lY reasonablp tiT:le to irJ spe ct the 3yttf'Tn anc1 aJ 1 recores,
account.s, and dat.a of' trp City r81atixl;'" t'c;reto.
10.06 - RF,}I,HNTIJG VOTED BONrS: The City expressly
reserves the rt,O"ht to issue the remainin~ $?lr:::,OOO bonds authorized
at the election held in sai d City on the 1 ~th day of December,
1962, in one or more ins tallrre nts, and sl'c h '1.ea1Tlinin '"' Jane. s,
1ihen 1ssuerl., sha1] 1:Y" rct;;"ablp from a)l,l S8C\1t'er1 b~r a first lei n on
and pled"o of th~ net revenm s of the. Syste:11 in the SaJ~ :r'anner anc1
to the same extent as are the' Bonds, the Previously Issue d Bonds,
and such Rema:inin e: Done:: s shall be in all respe cts on a pari t,y and
of equal dignity Hi th the DonGS anc' the Previously IS:31J.ed Bonds.
No remaininG Donds, however, shalJ bc: i3 sue ,-1 unless:
(3.) Tffi City is not then in defa",lt as m any covenant,
condition or obli~atj on prescribed by this orc1-~ nance or by
the ordi"ances authorizin:; the itisuance of tbe Previously
I3sued Bonds;
222
(b) Each of the funds creat~d by this ordi'ance, the
ordinance of January 2Q, 1963, and t~e ordinance of April 1'-;,
1964, contains the amount of meney tffin req'lired to be on
deposit therein;
(c) Tffi average annual net reveme s of tiE .:iystem for
either of too following two-year p3 riods:
il
l~
The 24-month period. ending on thellast day
of the month preceding too month in 1..rhich the
bond ordinance is adopted autJ.:orizing such
remaining bop. ds~
or
the toon blTo precedin~ fiscal years,
as certified by an independent certified public accountant
or firm of certified public acccuntants, were equal to at :Ie ast
one and one-half (1-1/2) tiITBS the average ann ual principal
and interest requirements on all first-lien revenue bonds
payable fro m th e net reven ue s of the 3ys tem tha t 1vi 11 be
outstanding after the ?emaininp; Boods then proposerl to 'Je
issued are issued and sold and delivered (such average
annual principal an(! in erest requirement s to be computed
on a calendar year basjs and as of tl:e date of tffi Remain jn~
Bonds then proposed tobe issued); provided that if during
any part of the bTo year peri ad all or any part of too
System may have beel1 O1med anr1 operated by a private corpora-
tion or perso", the earnina.s and eX~lenses durin,; S11Ch time
will be adjust ed to reflect municipal cwnersbip and operatjon;
-I
_J
(d) Provision is made in the bODe o:rv3inance aut}-orizmg
the Remaj.ning Donds tren proposed to be issued for additional
payments into the Reserve Fund (in add 'Hon to payrrents required
by this ord.inance) so too t said Reserve Fund Hill ir not later
than five ( ~) ye ars f arm the date of such remain in f!: boo d s co n -
tain a balance of not less than the average annual principal
and interest req11ireJrents on all first-lien revenue bonds
payable from the net revenues of th. System tm t will be
outstanding after t[JP. Remaining Donds then proposed to be
principal and interest reql1irerrents to be computed on a
calendar year basis and as of the date nf too 1emainmg
Bonds then proposed to be issued; and
(e) The Remaining .umds then proposed to be issll~d are
made to mature on June 1st in each of tlr years :in ~.mich
they are schedilled to mature.
The term "Net Revenres" as used rerein shall nean all
of the net reven es of the 3ystem (excl udm~ income received spe ci-
fically for capital items) after deducFon of too reasonable ex-
penses of. maintenance and operat; on of the System (excluding ex-
penditures for capital items).
10.07 - AD~TONAL PARITY Barros: In addit~on to inferior
lien bonds authorize y Chapters 24Y and 2~0, Acts of the ~lst
Leeislature of Texas, Regular Sessjon, 1949, as amended, the City
I
.:. :f
2~3
,..--
expressly reserves thp ri..;ht to i:; sUP addi t i onal parity reVfmue
bonds in one or more installments, and such Addit~onal 2on..:", Hhen
issued, shall be pa~rablc from and secured by a first lien on and
pledze of the net revenues of tre oystem in the sa'Tle rr.anner a10 to
the same extent as are the Bonds, the Previously Issued Jonds and
the Remainin:7 ......onds, and such Adctit:onal Donds shall be :Ln all
respects on a parity and of eq'Jal die-nity..ri_t!-' the Bonds anrl the
1emaining Bonds. No .oc1ditj anal Bonc1s, hOHever, shall be issued
unless thp c0nc1jt'ons anr' terms set forth in Section 10.06 rereof
relating to the '1emajninr; .uonds are TOOt, and siari CQIloj tions an(1
terms shall a'J,ly with eq:lal force to th8 issuance of sl1ch
Addit40nal Bonos.
SECTTON 11: SY3TFJ.j OF RSCo:tDS ANI' AccnUNT3: That tle
Hayor, City Secretary aryl C:ity TreasurRr arp hereby jJlstru cteri anc1
directed to GO any and all tr.inr-s necessary in reference to Ue
instal1i."1g an d mai.ntainin 0' of a complete system of records 8no
accounts pertaininc to the Jystem and to make the moneys available
for the,ayment of the.uonds and tJle Previously Issued .donds in
the manner provided by la1".
3ECTION 12: 3PECIAL COVE~M~TJ: That the Ci~y covenants,
by and thr OUfh this ordinance, as foll O,.J"S :
12.01. - POHER TO PLEDGE PIEVENUES: That it has la1'1Tful
power to pledGe the revenue s snpportinp' tbis issue of Bond s and
has lawf1l11~r exercised SI1 ch p\'1Toer under the Con stituti on aJ1(~ laws
of the State of Texas, includ:in g said p01-ver exist:in p; under
Articles 1111 to 1118, bot h inclusive, Vernon 1 s Texas Civil
Statutes, as amended; and that th:' Bonds issu3d h2reunder shaJl be
ratably secured under said pledGe of net revenues in suc h manner
that one Bond srall have no preference over any othpr bQnc of said
iC3sue or over any of the previously issued bonds.
12.02. - RFVE\TTTES ~Tm' ENCTTHBERED: That, oth,?r than tre
pled,f1'e of net revenues in slpDort of the "jowls as nrrw:iden in this
ordiC1ance and the 'lledp'e of net revenues in support of the
Previously Issued Bonds, the rents, revenue3, propertie" and
income of the uystem are not in any manner .ledr;ecl to tre payment
of any debt or bblif;ation of tre City, nor of sairi .sys tem.
12..03 - SALE OR. ENC~'f.I:3RANCE OT' 51'S TEN AND, J,j3UANCE OF
REFFNDTNG BONDS: That so lone- as any of th2 ..5oris B:nt'orized herein
or the Previously Issued .dowl s remain outstanr1j w, the City T,vj 11
not sell or encllmber the 0ystem or any substantial pa rt thereof,
and that, with the exception of thp 'Emainjn" Donds )IBnt~ ('1:'1::-r' ~"
Section 10.06 hereof,and.thELaddit5onal 80nds rrent:i.oned' in
Section 10.07 hereof, 1'1Tren issued incccordance ,v:jt.h all the terms
and condi t-' ons of this ordinance, it ,,nIl not en cumber the revenue s
of the ..Jystem unle ss such encumbranc e is made jlmior and 3.1 bordinate
to the Bonds and to all the provisions of this ordir ance. Provided
however, that the Bonds, Previously Issued Donds, Remaininrr Donds,
and Additconal Bonds may be refunded with irB consent of the holders
thereof (except that as to Bonds, Previously Issned Donds, Tlemaming
Banns, or AddiUonal Bones Hhich have matured bJr normal maturity or
throuE;h the exercise of opVon of prior redemptionprov~ s~on3, snch
consent shall not be necessary), and th~ reflJndinf' bonds so issued
shall enjoy comnlete equality of lien vrith the port'-~on of outstand-
224
in~ first-lien revenue bonds which is not so ref1Jnr1ed, if any there
be, and the refunding bonds shall contjnue to enjoy the priority
of lien that may have been enyoyed by the b(t1ds refunded; provided,
if only a portion of the first-lien revenue bond s then 00. tstanrl:ing
is so refunded and if the refunding bonds are issued in suc h
manner that the interest rate is increased or that any refunding
bond matures earlier than any of the outstan dm P' fir st-lien revneue
bonds whichare not refunded, then such refund~ng bOlJds may be
issued orly if the terms ano conditions set forth in Sect on 10.06
hereof wLtb respect to 'iemaining ......onds are met, rod sucb terms and
Cl'onditions shall apoly with eqllal force to s"ch refn1ding bores.
Any refundinp' bonds may be either delivered to the holders of a
like a"Ylount of the underlyinr:- bOlds upon simultaneoo.s surrender
and cancellation of such underlying bon<C:1s ,'1 or, if'1a1h.thori zed tu
law, amy be sold and delivered to purchasers pursuant to payrrent
therefor for not less than par and accrued :interest, in which event
the proceeds of sale and delivery shall be aoplied to tre 9ayment
of the uncJerlyin~ bonds authorized to be refunded.
12.04 - NO COMPETING SfSTE:H: That the City furtrer
covenants, reaffirms and agrees, to the extent it leGally may,
that so long as any of the Bonds, t~ Previously Issued B(t1ds, cr
interest thereon are outstandjng, no franchise shall be granted
for the installation or operation of any competinro: system, that
the City will prohibit the operation of any sys tem other than
those CMned by the City, and that the operat-:on of any such system
by anyone otrer than the City is h""reby prohibited.
SECTION 13: ORDI"'JA!\TCE IS C(}:TRACT: That tre provisions
of this ordinance shall constitute a contract between the City
and the holder or holders from time to t:!T1"e ('If the b<ri0 s, and after
the issuance of any of said Bonds, no change, variation, or altera-
tion of any kind in the provisi ons of' thi s ordill ance may be made
until all of said Bonds have been paid in flJll as to both princi-
pal and interest.
SECTION 14 - APPROVAL AND REGISTRATTON OF BOnDS BY STATE
OFFICE:lS : That it shaJ 1 be the dut y of the Mayo r to submit tre
record of said Bonds anr:l the .Done" s to the A ttorney General of' the
,:;tate of Texas for examination and approval, and th reafter to
have such Donds re~stered b the Comptroller of Public Accounts
of the State of T ~xas.
SECTION 1 C;:
SALE OF BJN as: That tre sale of said Bon ds
to--
M.E. Allison & Co., Incl
San Anton io, Texas
at a price equal to the prinCipal a:10unt the reoi' plus accrued
interest thereon from the date thereof to the date of actual
delivery, subject to tre unqualified approving opinion as to tre
ler;ality of said Bonds by the A ttorney Gen~ral of the dtate of
Texas and D'mas, Huguenin and Boothman, Attorneys, Dallas, Texas,
is hereby aut' orized, a'Jproved, ratified and confirmed. l'lhen said
B0nds have been approved by said Attorney General and registered
by the Comntrnller of Public ACC01lnts of the ;:)tate of '!'exas, they
shall be delivered to the purchasers uoon race pt of the full
purchase price. Prirtino: of a t""'11e end correct copy of said
opinion on the reverse side of each ,.:f' such bonds, Hitn anpropriate
--.
a
225
certificate pertaining t)'ereto executed b,r facs,;~-dle sir-nature of
the Ci t~" .3e cretaC"T, is l--e re by approvc d and anthorizerl.
:-
SECTION 16: DfTTIF3 OY C!TY 0:: FI:;EHS: That the l>1a,vor,
the City Secretary, and other appriate officials of trn City
are hereby authorized anc1 directed to do any anc1 "II thinr:s neces-
sary or convenient .to carry out the> provisj ons of thi S orch ance.
3ECTTON 1'7: li.;MERGENC:: That tr,e p1)bJ ic imnnrtenc e of
t1~is rBR.S1Jre, arK' tte fac~, th:'lt it is t." t'(' best ill I sr':;2t of
the City to provide funds for t.:l'XTpo.:e cesir.;nated by the i3suance
and delivery of UP bond s allt1'orized by this ordj n ance at the
earliest possible date, for the immediate preservation of the
public peace, property, realth and safety of Ue citiz'.113 of t1ie
City of .schertz, constitute and creak an e;nerf}?ncy and an u:;"i;ent
public necessity reqnirin':: that thi co ardil ance be passec am. takA
effect and be in force immediatel:r frorn and after its pas.;ar;e.
PA,SED Arm A??..10\'ED tins the 7th day of July, 19~6.
~JJJ, ?P, ~lc" h B ,
yor City of Sche rtz, Texas
ATTEST:
-11. #. ~;ltQl(.
City Secreta;yy, ity of Schertz, Texas
(City Seal)
l'Ir. Scl1ert7, re0ort.ed ther;~ has l1:)t be8L 811J" mare bids r-:-.cr:;:i "Vert on
build:in g a Dor; Pound.
Letter from the V,,]untppr "'ir8 Departm.:'nt a::,l{ir- HrBt is to bp done
about a request for iDcrease in pay I")f th3 F~y'e TIarshaJ. an) 'Pi re Ctief ar,d ??,III
the:l also "rant C:'c,...(13 shoT"d.na t~8'r 2.1'e City ~mployees. City ;:;'3c1'etary i!1- / ~~
structed to fll.""!ljsh cards and 110t.if'" thp.Tfi :ill ,.rritinc n;'8.J1cial C()ll(j-tt:; ons
of th,C) r:itv CallI' at arfor') reqlJe sV,n ,XlV rai..Y::. ? /I).
l,etter from ITr. 1T. 3chneioer, ;;]13.;rlC,an, Cit:i7,ens Ac1vLs0:r;r I";r;:nmitt,";, &/3.1
statin:" it ie, t,"oir of'ird(1fl '111S0}C1 \-Tater bo',i,-, Sl]C)l1]d be-:: U'3"'n t,n run the 7-
ne'-J ".t::Jitic:s line:,; to trlO r.e'.; Hi."r Sc1oo1 s'Ue; am', if all prope'~t1r {,r:,)I_l
o'>m"rs hac1 not c0nnC'ctecl to the S0"T',r, ,:my not an ,1 [-,ave they nep]1 .{'in:::rl +'()>, ;,;;./
"]~ot connf:;ctir:p' on? Al:-ia, a ~31J"\""V .'~'l' s~~nl'ld 't<r' :qa:Jp on ~:i]~1 ~~'~:"r8C't :3i ":n.3 as
3,:"),:t8 ::1Tc; (-:~r)irn ann othp r~ co"\/""';-r'~rl b~T r:rr8;3\) an'~ l'\"(:8ds. Pnt. 11:) Si')et?r~ 3-1 "n3
in ;.'?stlarv-1 -:J~l"Y'):. All ;-.t:l()Ve q1'i?"ti 0~:; ':-T0YV' 3l\s,:,r,,;,~..:~d J.t tIle; meeti w" t1li 8
.l a 1:.8 .
lTr. r.L. 3tllYfrock h9~3 v'--11)n'~,.'~:~~";""cd 'h~.s s "'r\~~es +,n O\1~v'C:0'~-: .~n'tl cl"n.n
;001"( if th::, (,i..+'~/ r.;cej";::,c, h." '~: i J..,r11 VV' Y'-",'.l+ nro eTC".
l~,-;::.r()r ~~iC~3.1~'1 ~'3.r1 J y)rn" 'se"l T'r'1nc';is' a3 rC:'f1i'n3t",rl 1,:" 'T:~(' an" ;Jft?c' II~
';C"""",. ,1'; :;'\~11 ,'e'-':, n'" .~.. i.1.. ~ ~ Vjr vo',rr'. m~r1p ., ''1,,+ ~ O'~. c"c"rr',Q,rl '~1r T."Y' P")""F th ~.I.. & b,
",-';'::: ,___>.....; "'.1___,1; J f: Cl 1-,. 1... I, I ) ,..0 ,,' ., . ,',1t~. '. 0r::; 'J ..'_-" ' ....... l~.l ~ ;. ('1..)
V'is nn I.o.blrc rl untiJ. furttpt'st11 +r >01:; 1,,,,;'1 ,~p/-' 0n t)-]("' f'ranclcis':. I (,~
rlh"' Mayor reA.n a 'Jrnp0<,prl b'lr1,~"+ of "1,2 ""'H,'T r:.~ '::cJ:.;"+, f'')r 1.9f:<. A ?
hcarj',<- 'r':J) be h",lr1 ()Y1 t'-:~,; '1+ .}"l.. 0rt'. rr."?t~'. "3r:r'l r1130 set t~0 tJ.Y tl"l/
:~at~ for 19h~. J 1../0
J:~8.",'r :.icharrJ annol1nce>0 a v.sc~nC'~" t" n "':,>:,..1 .f'('1" (:n8 Allprrn3.:' en" If(
th-' 1Jl).~xni.....' rl + ~ Y'. 0f ~:'". ?' ~'" ",' '.1' . :I '.-". :Ic::,C , n"'" .~I'dt,":' 1 I.) r, ~ -." - c.'l .;. L: t ~J' / Ll)
h~:'_ " ,-' ,~}c()nCeCi 'n~i l\~,-'. -,c1--,('1':'" ~=. :i'. i'.oL:.rj~ "-'f)"-:il1:3.-i ,- ~.a.r. t \-'ll' :' ;;
-::)OC~~~.:.. ~'. .l.~' -" .~i.,.~,rjj'j0" ~jO 3,::;Cr;J (.:~ tbr ~~,':l\ror clos~r1 nr'",1~_~'l.tioI)3 a.'1d
?~/)I()
15~
t.',I/~
I~t.
m~t,//I{,
. Ib1-.
Reg11l3.r meeting of the Schertz City Counci 1 held at tre City Hall in Schertz
Texa;3, JUJ.:'T 28, .1966.
Mavor Roy ~{. Richarc cJ.J1;c~P'.8 [jj.2eti",~ to orrler 1.r~th +,)..,8 :"olloT.rin"" narred
Aldermen present:. Raymond 0. Koym, Ott'Jmar A. Schertz, Nalforcl C. Koch, Edgar
T. Harxaard. Lconarct J. Kazben 'Nas sworn in by the Spcr8ta~T I!hi.r1:; 3 f\lll
Council once aEai!'!. J"!.lc::' ~)resent: !1r2. 3c~nnettJ c.e. Cross,.":J. :c:)8rtz and
"T. Schneider.
~"I II ~ Mayor 'lichard read ~ proposed Budr-et for the 196[, yea"". After discussion
dO an:: co[:sideraV 0:1 0" this the CCll:1cil acr~.:erl "'C._ J' rJ'~J -l')e adoptpcl 3.S read.
1'1 This closed the Buc1~et m arinF:.
~ ,1D A3 no bids had ~")een recieved for the :='CT;T2" Line on Livp Oak Ttoa;1 bids will
(, · ;)8 opened at next meeting All::;us+ )4' 1966.
I~' Ordinance No. 14~ on fi..ral Bliu'yqt:ion of Rio Vista Sub-division was read
everythinr: beinG' in order and on a moti O!1 by Y..r. Koch seconded by Xr. Schertz
I. I that Rio Vista Sub :Jivision bR am exed by the CiW. }:oVon unanimo'Jsly carrie d.
~1I' ~,
II-~ ~
.j'~
226
Yir. Kazben was unanimously appoil1t~),...:. i:Jy accimation. SecretiJ.r:r ~-Til1 notifj- I.1r. A
A~k0r;nar,~, b;y letter about street siGns and spe0'1:L:;Z.
l\:Gt~on to adjot1:~D b] Nr. Kocr, ')',~()"](lPr'! ~~r :'I~. KaT?1 ::t'1-i carri:) d.
ATTEST:
~~~)
(
lL#, g~.iovQ
'1. ~"T. Pickrell - City Sec!'?t2_r:~
(~
ORD:;ANCE NO. 1'~5
ANNEXING THE HEREINAFTER EESC RIBED TE? tITCR Y TO THE 'CI TY OF S CEER T2,
GUADALPDE COF~TTY, TEX.t\.3, AJ'.JDEX~END nTl} THE BorJHDARY LUHTS OF ,SAID
CITY ::>0 A3 TO nrcruDE SAID HE?.EI:'JAFTER DE3CRIBED PROPERTY 'riI'JRIN
3AJD CITI: LI!fITS, ~'ill GRA!:TING TO ALL T'rIS nTttABITll!\TTS OF SAT:!; PP..OP~~
ERTY AtL THE RIGHT3 MID ?RIVILEGE,3 OF OTHER CTTIZEFS .A!;-I; 3DmnU
SAID INHABITANTS 3Y ALL OF THB ACTS, O'~DrANCES, RES0L1TTIC?-T.3 Al'TD
llEGULATJONS OF SAID CITY.
\THEREA3, a petition has been si:-;ned by a rnjor:i.ty of the propert;)T
o~mers who are citizens of the State of ~exRs and inhahitants of the
follor.TinG' described tern tory, to-~vi t:
BEGHmnm. at a re-entrant corner in the cH~r lirlH Ib'3, the
inters8ct~0!1 of' t~p ciw 1hits Ij118 south of FH 7f aP0 the
'Nest line of a ~O' road ease1"Pnt to th<=:, cjt:r se',ra:::p treatment
plant, the NE corner of tbi 3 tract:
TPENCE :
:3 290 0::;4' E ?r;u..o ft. to a corner; thp SE comer
of this tract;
S ';40 39' T.! 629.1 ft. to a corner, the 3\'! comer of
this tract;
T~};CE :
THENCE:
N 210 01' vI 201...E ft. to an a..'")~e point.
THEN CE :
N 130 49' ~'! 1~6.7 ft. to an anE;Le point.
I
~ 27
'='!'=I.~~'rCE : 1':1'" 1",0 29' '.1 2!)('.c:' f.l. I. ar' an ,-} c [.'0:.nt.
.. c. ". Le:;
TEE::CE: 1: 0':)0 12' '.r 200.9 .l"+ . t.n ai' ,3..';: J e :'" i.n t..
-..-'
I 'ElliNC E: N }I!~O If C;' H 3 ~1.~ . 0 ft. t.o an an ~'..le [J oir"l t.
T:lENCE: n 420 t~ 0' ':r 1j76.0 ft. t.0 Rn 311:11" point..
THE~.JCE : ',I cEo .)!(I r,r 18<..3 ft. tn Rn an ~le point.
1;
TTEJ\TCE: TI' 280 "":\0' FJ C::~O.? ft. tc <;I.n 30'1 :::1 e point in th e city
. ~ ..-'.-'
limits 1 i.n>.' :.~ouLh of n~ 7 P:, tohe rTv Co me r of trds
t.ract;
TiE'TC E :
,,yj.th the city ] ir'1jt~'3 1jJ1l~ eastor"! y 703.9 ft. 1:.0 the
point of bes;innirr, awl conta:iydnp.: J3.00 acres of 2.ar:r1.
'..J::rE'i.EA3, saic1 t9rritory :i.8 a-1johJir~' t"'.? City 0(' "~nert?:, anc1
:r{T~221~,-~, s:tic~ p8it'~,'."\n, ~c3ir'i_n:-.. 811(~ 1~11Je.stif1~ the annexation f)f
sa:.n t~rr:i.tory to 83.i:' c;.ty, has open p1"OspnterJ to the City Cou!1c-i.l and
ha::> attacr8d tr; 5.t the a"'firl.avit of three (?) of sa; r1 aC)~] k s.nt3 t.0 the
e ffe ct tha t sair1 ~}" t" tj or i s s j Ny? r'l bv a ma ,i nri ty of t h:> quali fi '3d
votc,:"s "rL th::i n suen pm perty;
1:JC1,} TFn~!ill"FTl1E, "SE J~ C"')DA-:tT:jD BY TrtS C~"tt rrvp~C~T, nF j'fJE ~TT~{ n1? 3rtI;-;;:~T'=, TE"{P..3:
That the fGllowbi:~ cJ8scribe(~ rropert,~r, t.o-wit:
EE'3INNH1(} at a re-entrant corner in th? city limit 111"e, the
intersection of the citv Ji'~its l:if'''' E'~'lt.h of :PM 7Ei '111(1 tbe
"rest line of a ~O' roan easerrent to thR ci t:v se1vw::e tre;'ltmr:~nt
plant, the l'fE corner 0f this t1"act;
r-
!
~~IElTC E :
TI~~JCE:
m,WPi: "'.
.. ~..J..J,\j" w.
THEF CE :
T'TElJCE:
TT-TEN CE :
T:."TEt!r: s :
T'E'JCE:
T!-m~Zc.E :
TI:=:TCE:
TEE!!r.::s :
s 290 st~, E 2jld'.P ft. to a corner; tbr;~"':' corner
of t"'::is thact;
s :-;40 39 r'J /.29.J ft. tn a c nY'tl8 r, the 3T~r corne r of
..
tf-js t~ar:t;
~T 210 01' I,J 204 . R ft. to an an 0"J ( }!IJ.lnt.
..
n 130 149 ' Tor 1 ~6 .7 f't. to an a )1.'18 noint.
r,T J?O 00 , "J 20~ . 0 ft. to an an 0" Ie point.
'-.. /
N ?3O 12 ' ',T ?90.9 ft. to ana3n".le noint.
rJ Ij c:o L~ c: , l' ,T .3 ~l: .0 ft. o:.() ::,n Rrl r) e poir>t..
1'1 7~o r.l' T.T J~l. 8 ft. tf"l an [])1 ""Ie point.
N 300 L3' '.J J06.r. ft.. to,ar 2YJrrJ. e r oint.
N 280 39' . T c;~O. '2 ft.. t,0 !ir1 ande point in tlv, c:i t~r
Ii.nIits Ij'l8 s0ut,h of FE 78, U~p H'-[ COrT'?'" of thLj tract;
,.lith the; city limits l:ine e3sterlv 7:)3.9 ft. to the
point of berdnJ1inr;:, and conta:inin;r 33.00 acres of land.
228
be and the same is hereby arnexed to the City 0: 3chertz, Ch:.ada1upc
County, T'-'Xas, and that too bOlll1dary lirnits of the City of :3 chertz
be and the same are herebv extended to include the above described
territo~ 1vithin the city limits of the City of 3chertz, ann the
same shall hereafter be included "Ji thin the territorial limits of
said city, and tr.e inhabi tar.ts thereof shall hereafter be entitled
to all rights and privile/;es of oth,"r ci ti.zens of tJ:e City of Schertz
anc1 they saall be bounc1 by thp acts, ordinances, resolutions and
regulations of said city.
_J
PASSED by an afi'irmative vote of all members of the City Council
this the 2Pth day of July , A.r., 1966.
A ~:!''1OVED:
ATTEST:
Ci?~J. ~,ltJ~
fuY;~ 6-
11.#. OA~jJrOOQ,
City 3ecretar.y
(jo' \ d" ').
Mr.
I~& Mr.
Due toronly one bid beinf' submitted for the buildinf! of a Dog Pound,
Falter 3chneider was awarded the job for $1,o4C:.Ol - this on a motion by
Koym seconded by Mr. Schertz ano carried.
Motion to adjourn by Mr. Koch, seconded b~r Mr. Ko;;rm an,..l carried.
ATTE.5T:
rAj:tltf/~~ 'fi.d,
Roy ~. .1char - Mayor
if. a. D~jAOV~
G. TV. Pickrell - tHy Secretary
Regular meeting of the Schertz City Council held at the City Hall in
Schertz, Texas on the 4tt day of August, 1966.
Mayor "Roy T.,T. Richard called the meetin~ to order ...,.ith tffi foll01-n ng named
Aldermem present: MaJford C. Koch, Leonard J. Kazben and '?~r~ond G. Koym.
Absent: Ottomar A. Schertz and Edgar T. Marx. Also present Mri. Bel1nett, 11rs.
Dean, \ialt'3r A. Schertz, and City En~!"1eer Charles C. Cro5s.
/hI I ~ Bids on installation of, ne~",r Se.tter line on Live Oak Road were opened by
Hr. Charl'=!s rross and 1.;rere as follows:
\ cr\
1 - Hay l'Tilliams Canst. Co.
2 - HOHard Stich
3 - C. L. Hobbs and Son
4 - John Yantis
c:; - South1-1est Irrif'"ation Co.
$14,228.48
1b, 777.77
1 C:;, 8j7. Cb
17,77C:;.~ less 1,0C:;0.OO
16,72l).l)0
26,692.00
Ray Tr.}'i1liams Co. being ION' bidder on the project.
It(, I~ Minutes of meetirgs July 7, 1966 and July 26, 1966 approve d as read.
\1.( After a thorough discussion and consideration on taxes for the year 19(6
t 4~1.;rer8 levied at $1.21) per $100.00 val uation. A motion by Hr. Kc~'1lI seconCJ~d by
I 1'1r. Kaznen and carried the tax rate be set at $1.2C:; with $0.1)0 for Sewer System
I
229
Bonds (Intt're.3t anr1 :3jll1dr,p' 1i'11YJS) and $0.7r; ienera1 Fnnc1.
ORDDTANCE ND. 146
LEVYDm TAXES !"OR. 'I'HE YEAR 1966
HHEREAS, the cit,~r C011nC';l of th0 City of 3chertz, TeY:;:ls, has nc+, paGs,~d
and adopted an ordinance levying annllal "':,axes for the year 1966, and it DOH
considers it ne cessary and desirabJ,'" at this time, to Dass SIJ c h ordinance
12vying ao valorem taxes 01' all taxable' :'t'nrerty in t,h8 City of ,_'chertz,
for i-he yeal' 196/', and
T'THE'lEAS, this City Council, after oue corsi deration, finds and determines
that to pay the operatinO' ex;:<~ nsps of the r ity 1l1Thic!: 1rriJl accrue far the ens1ling
year, hereil1 referred to as th8 tay levy 1'0'" l1e!1eral Flll1r'l. purposes, th,qt a
tax of and at the rate of seventy-five cents ($0.7c;) on each Olle hundred dollars
(~lOO.OO) a,,;sess20 valuC't-i 0!1 of all taxable ?ropertv in the rity shol)lr ]y->
levied for the> yepr 1966; awl that to pay the:' irt":TPst on an0 t.o create t>t'
n'~cessar7 s:illkin'" :finr.-' on the 1>J01,n00 CITY nF 3ru:E~.T~~ SE}.;.''? 3V')TT::1\'']('!~;-'::;,
3EP..IE.:.i 1962, rated June 1, 1962, heretofore .3.11t,'ori '78d by 3.n ordinance
passed and adoptec on this o.aV, tho t a tax of anc1 8.t the rate of fifty cents
($O.~O) on e~=tCh one hlmc1red oo11ars Ul100.00) assessed valuat,j on of all taxable
propr~rty in t!le (';.ty shoulo. be levied -for th8 year le/'/', thereby mald.'1f' a/
tota1 a0 vaJorem h.x leviec1 for tr,p year 19f6, of and at the rate of one
noJ.l8.r hT-;nt~T fiv'~ cents Cl.2~) 0:1 each om hundred dnllars ($100.00) assesserl
valuation of all taxahle property in th~ r;it'T of 3che rtz, Te'Cac; }TnV', T'r::;;l:?_EFnq-S,
BE IT (lR.DAnIED BY THE C TTY COTT'TCTL OF rpl{E CITY OF
SCHER.TZ, TEXAS:
I
That, for C'J€neral F'md purDoses of theCity of Scherb:, T-3X33,
there shall be, and PiE'''':; is bereby Ipvied, a tax of and at V]P rate of
seventy five cents ($0.71)) on ea('~ nIT; hundrpd doUars U?lOO.OO) assessed.
valuation of alJ tr.J.Xable oroperty in the Cii:!r of Schertz, Texas, for t110
ye ar 1 :0:66 .
II
That, to pqy the iflterest on awl to orov:irlethe necessary s~nkinc:
funr:1 on the issm of :'~30l,000 CrT c 01::' :y:m:;;l'!:'7 jE r;~11 jY'3TE~T llClPDS, 3E'UE3
19/'2, dated ':'tne 1, 1962, there sha11 be, anr1 there js hereby levied on
each one hlmdren do1_lars 0100.00) asspssn,~ valuat.ion of all taxable
property in the Citv of ;-'chertz, Texas, for t}-'0 J"'"t' 19f,r a tax: of and
at thp rat'? of fjftv cents ($0.~0).
III
That thr:; total tax h:!T'Pby levipc on each one hl1n(iT'~rl (hllars
(:tlOO.OO) assesseri vaJ_uatj on of o.lJ t?xa"hle nronertv in the Citv of
Schertz, Texas, for the year 19t:,f: shaH be of- a~n ,q't, tr-,p r:ltp of. ore
dal1ar and t,',T811t,y fivp cents ($1.2~), of 1,jlo:;ch, a tav:: of and at t~e rate
of seventy five cents ($0.7r:;), as aforesairl, snal1 be C\nrl ;_s hpreb" lpvjccJ
for '}eneral FnDr1~urpoSPs of said i;i ty, and of ;"hien, a tax of ane< at
tr~ rate of fjf'ty certs (to.i)) ,::3 afoY'esr-Jjr', shalJ he an'-1 is rereby
levied fnr inter03t and s:;_:lk:irw f1':rIG pumose", 911:1 sairl t,'iXP3 hprnby
230
levi~d shall be aDplL'rl to the nUTI)nses named.
PASSED, ADOPTED MlI APPROVED TEI.3 AUf:ust 4, 1966.
ATTEST:
Ci?... ,JllI (f;?,~1D. J)
~1icharc
Hayor - City of' Schertz, Texas
(UPA~h(\~
City Secretary - City of ~chertz, Texas
(Seal of City)
STATE OF TEXAS ~
~
COUNTY OF GPADAlrrpg 1
1
CITY OF SCHERTZ 0
I, '}. "J. Pickrell, City S3cretarv of the City of
Schertz, Texas, l)! W;:1E:S~' CE~TIFY that the above anr1 fore-
goihg is a true and correct copv of' an ordinance and the
l'1inutes pertaininp.; to its a00ption, which O"pdinance 'vas dul~r
and Ie p'al1~r ~a s se d c>.nd adopte rl by the City Council of tffi
City of Schertz, and approved by the M3.;ror of the Cit=r of
Schertz, Texas, at Cl. re~11.1a"" meet.in2' held on August 4, 1966,
at the reGular npet5.11r! place ;n the City Hal] in the r ity
of Schertz, Texas, and that same apfJ2cc'S of r'"'corrl in
Book 2 of tre I'inut~s of sair' rH~' C' 01Jl1ccl; awl t~ 1t ~ am
the 1 '1'T",:,. :- 0Psesso:, all'" custodian of 311Ch bookc; 3.Y.'
r.:;c(-':"'~ of He City 0-: ,jchertz, Te:xCls.
',TTI'N:S::.;S !'TY HA~D A~IT' SEE" OF ::>AID CITY, this
Au~ust 4, 1966.
II, Ii, {1 -,:[1. 00 C
~a~y~of ~chertz, Texas
(S~al of Oit:,)
~esolution whereby the City Co'ncil accepted the 1966 tax roll in the
amount of $2,992,91S motion by Hr. l(-o:rm, seconded by Hr. Yoch and carried.
~ESOlTTTIf)N
BE IT RESOLVED by tl1e Cit;)-, Coundl of the City of Schertz, Texas,
that saic1 Cit:r Cou!1cH ()f said rjty: of 3 chert;,;, Texas, does
he~~by accept and certify the tax rolloof all rendered a~0 un-
rendered propert~r within th~ rity of Schertz, Texas, sub,ject
to taxatjon in the amount of $ 2,992,9l~.OO as pre-
p3.rcc, approved 2.nC certified hy tre BOOl"Y'! oi' Eq"alization of
the City nfScr.ertz, Texas for the year 191':6.
PASSED M'D APPROVED, this 4tb day of August
, 1966.
ATTEST:OJ)f r:J I (In
.Al, ~lr If. A~),( hpj\J,
L.:: ::iecretary v
Ci< ~.hI..(i6dJ
Ha;y cr
. d.'
ri... ~.t..,
'fIi'","~~ '." .
.l
_-.J
~
I
231
. 1 i- l~.- .t"f~'''y' 'T~C' lo'~CU"~.t
3uhj~ct of P'J~_ic~"~: IJy'otecti.O;"i, co'.r::r.'1'~:: L1r:." cc;~ J2-CJ!.,0. 0.1 _l'."r,.. '~d....l ....1.) ,ji1
C'lrJ:' a-",.tpr "1'1'.'.' '.~.l''-'''''~'''nr; I."roY' q-ir+c"rrl 3;')point"ed lire Kazben tr; r.Tor!: l,~j:L~l
'..lp _ _ .., U'- ilJr~ 'l.'-'.......~.A.:,)~.) ....Ll .lCl . ~.....1.'_'~"""". , __.J
- . 00. ~rc' Cl1eC1/;rC" 011) "tl-l'S "11'1,l ""al-" Y"'cY~r~r"'lr'~t.i r,r' +,(' t1y' ~()'ll~('j 1.
t 1 I \ .i.~' li}'-:L .:) I) l~~y" .J...J (".;I. -. . ~'_;:"':- . jT~~. \.. '-.-'" ... -' ' , ., .., .
l'''otl' 0'-: ,)., vr TT 0 V",., qc>cc.,..,ded b'T Fr. KlJclo and .::o:-y'ri 8,,1 to l,)qjT Hoc,oJ..'l.""" Jtlch
... J. ..... '-, lV.l. ..l.\. "J .......,- " 1 J -. ,,'. cJ
$10,c77.9~ fa; instalJinr- w::-tr'I.lim OD V,vo:? 08l<' 1~>3.~.
t.Iotio!1 to adjourn by Hr. Koyrn secrmoed b," Hr. Koch 9J1r1 carried.
Cf?r,..A-lJJ/ Q, --U:
n.. ".' '.r (j~ d'c1....C1 _ ~.~,~Hor
-~\.!_"J". "...."" - .1..'-..;., ... C1.,)
ATTEST:
I. 11/ /~ 1-
fO. l~, t /~rCC
G. 1'J. PickreJJ - C4.. ty 2)~r,retar;'l
,.
ReCular meetinc of the Schertz City Council held at the City Hall in
Schertz, Texas July 7, 1966.
Mayor Roy W. Richard called the meetin~ to order with the' follofinc
named Aldermen present: Raymond G. Koym, Malford C. Koch., Ottomar A. Schertz,
and Edcar T. Marx. Also present City AttorIl!Y Louis F. Saecert. Ei~teen
ci tizens alSo attended the meetinc.
Mayor Richard read the resolution on a public re arine concerninc the
annexation of a sub-division, Rio Vista, owned by Lucille's Inc. Mr. ClBrles
Cross representinc the owners of said tract requested a chance be made incall
#8 and #9 on the footace, This was corrected. There beinC no one acainst the
above stated annexation the resolution was accepted by the city. t4 /;J?
Letter from Mr. Ralph Yarborough who is investigating General Neighborhood / ; '9
Renewal plan application for the city.
Also two letters from Concressman John YounC on the above plan advisinc ,,~)) '7
all is in order on application and final decision on same would be made soon I (
as possible after 1 July. He enclosed a copy of Ie tter from Don Hummel Assistant / I
Secretary Renewal and HollS inC Assistance Office with the same inforIllltion.
Bids on the Construction of a Sanitary Sewer and Lift Station for the
city were opened, bids were as follClWS: (Rio Vista Sub-division)
~G.. /h
/..J 1-
C.
/-tll~Cf
/)1
SACC
Heward Stich
E. C. Rall Co.
G. C. Fal bo Inc.
$26,920,96
$26,299.00
$26,183.00
$23,870.00
Mr. Riedel will notify the City Council who is awarded the contract.
Planninc Commission after a rec,u,......"'nded chance deletine the cenetery on ;,,~.I). 1
the Plat plans and allowing a 300' commercial frontage depth on Hwy. 78 of I 61
the Rio Vista Sub-division accepted and approved same. Motion by Mr. Schertz
seconded by Mr. Koym to approve and adopt this plat. Mation carried.
Motion by Mr. Marx: seconded by Mr. Schertz and unanimously approved to ?1,,13"
extend Exchance Ave. from Lindberg to Mr. Rowell's property and sub-divide a I 09
plot into lots 1 and 2. Street to be paved and curbed by proper'Gv' CJfners.
It was moved by Mr. Koym and seconded by Mr. Koch, that the city pay cos t tl,,/3/
of 1)20' of Water-Sewer Line to the new RiCh School on this project and open I ;J.I
bids July 28, 1966. Motion unaminously carried.
Motio~ by Mr. Koym seconded by Mr. Marx to adopt the Ordinance on &~, /3;;
$35,000.00 and _11 bonds to pay for line to the new Hich School. Motion carried.
J?-I
ORDINANCE AUTHORIZING ISSUANCE OF $31),000 lJo tt
"CI TY OF SCHERTZ, TEXAS, WAT1!.n.w0RKS AND SEWER
SYSTEM REVENUE BaNns, SERIES 1966", DATED
JULn, 1966
232 THE STATE OF TEXAS
o
I
I
I
I
COUNTY OF GUADALUPE
CI TY OF SCHERTZ
.ON THIS the 7th ~y of July, 1966, the City Council of
the City of Schertz, Texas, convened in recular session at the recular
meetinc place thereof in the City Hall, there beinC present and in
attendance the fo11011inc members, to-wit:
ROY W. RICHARD
MAYOR
OT'I'OMAR A. SCHERTZ
RAYMOND G. KOYM
EDGAR T. MARX
MALFORD KOCH
)
)
)
)
ALDERMEN
and with the fol1owinC absent: Samuel R. Perr.rman, constitutinC a
quorum; and amone other proceedincs had by said City Council were the
followinc:
Mayor Richard introduced a proposed ordinance. The ordinance
was read in full.
Alderman Schertz made a motion that any rule requirinc
ordinances to be read a1; more than one meetinc be suspended. The
motion wa.s seconded by Aldennan MARX and carrie d by the follOllinC vote:
.
AYES.: Aldernen Schertz, K07JD, Marx and Koch.
NOES: None.
Alderman Schertz made a motion that the ordinance be passed
finally. The motion was seconded by Alderman Marx and carried by the
fol1011inC vote:
AYES: Aldermen Schertz, Koym, Marx and Koch.
NOES: None.
passed.
The Mayor announ~ed that the ordinance had been finally
The ORDINANCE is as follows:
"AN CRDINANCE by the City Council of the City of Schertz,
Texas, authorizinc the issuance of $35,000 ICITY OF
SCHERTZ, TEXAS, WAJ.l!.ntlORKS AND SEWER SYSTEM MV1!.rlUE
BONDS, SERIES ~9661, dated July 1, 1966, for the purpose
of improvinc and. extendinc the City I S Waterworks
System, as authorized by the Constitution and laws of
the State of Texas, particularly Articles 1111 to 1118,
both inclusive, Vernonls Texas Civil Statutes, as amended;
prescribinC the form of the bonds and the form of the
interest coupons; pledcinc the revenues of the City IS
coDi>ined Waterworks and Sanitary Sewer System to the
payment of the principal of and interest on said boods, ,
after deduction of reasonable operation and maintenance
expenses, as said expenses are defined by statute;
. enactinc provisions incident and relatinc to the subject
and puzpose of this ordinance; and declarinc an eme........cy."
WHEREAS, prusuant to an election heretofore duly and
:';~'~1<I, .
,",.iIIJ;MU.i[ ,
<;~'l
1:1111
,
lecally called and held for the purpose, the City Council of the
City of Schertz became authorized and empOW'ered to issue special
oblication bonds of the City payable as to principal and interest
solely from the revenues derived from the operation of the Water-
works and Sanitary Sewer System of said City, includine all addi-
tions, exten sions, replacetle nts and improvements thereto which may
hereafter be made, after deduction therefrom of the reasonable ex-
penses of maintenance and operation of said System, the fo11owinc
schedule reflectinc certain pertinent inf ormation with respect to
such authorization.
233
ELECTION
DATE
TOTAL VOTED
AU 'lHORIZATI ON
AMOUNTS VOTED
FO R PURP03 ES
INDICATED
PREVI OUSLY BALAN CE
ISSUED UNISSUED
Dec. 1 I),
1962
$ 600,000
$600,000 -
Waterworks
$350,000
$250,000
and
WHEREAS, the bonds previously issued as above referred
to have been heretofore authorized, issued and sold, pursuant to
ordinances duly passed, adopted and enacted by the City Council
of the City of Schertz, Texas, same heine hereinafter defined in Sec-
tion 8 (e) as the "previously issued bonds", and in the ordinances
authorizinl such previously issued bonds, the City reserved the
rilht to issue additional bonds on a parity with the bonds authorized
as aforesaid, payable from a first l~ n on and pledce of the net
revenues of its combined Waterworks and Sanitary Sewer System, but
only-pursuant to and subject to the restrictions, covenants and
limitations contained in the ordinances authorizinc said bonds;
r-
WHEREAS, the City Council finds and determines:
(a) That the City is not in default as to any covenant,
condi tion or oblilation prescribed by the or'dinances .authorizinc
the issuance of the outstandinc bonds;
(b) That each of the funds created by the ordinances
authorizing the issuance of the outstandinc bonds contains
the amount of money required to he on deposit therein; and
(c) The averace annual net revenues of the combined
Waterworks and Sanitary Sewer System, as certified by a
Certified Public Accountant for the two (2) precedinl fiscal
years endinc on December 31, 1964 and 1965, are equal to at
least one and one-half (l-!) times the averace annual principal
and interest requirements on all first lien revenue bonds
payable from the net revenues of the System which will be
outstandinr: after the proposed $3'5,000 City of Schertz, Texas,
Waterworks and Sewer System Revenue Bonds, Series 1966, are
issued, sold and delivered. Such averace interest and
principal requirenents were computed oh a calendar year basis
as of the 1st day of July, 1966,beinC the date of the
proposed issue;
1-
and
l..J'HEREAS, the Series 1963 bonds were issued for the purpose
of purchasinc a pri. vately Ofned waterworks system which serves the
inhabi tants in and in the vicinity of said City and improvinc and
extending said waterworks system, and such system was acquired by the
City with the proceeds of said bonds; the Series 1964 bonds were
:4lsued for the purpose of improvinc and extendinc the City's
2ii4
Waterworks System in accordance with said voted authorization and it
is now iound and determined that $31),000 of the said voted authorization
should be issued for the purpose of improvinc and extend1n~ the City'S
Ivaterworks System in accordance with said voted authorization and that
the remaininc amount of said bonds, to-wit: $2l~,OOO shall be issued
at a future date or dates, when in the juc:lpl!lnt of the City Council of
said City the proceeds of the said additional bonds are. needed for the
purpose for which authorized, therefore
I
---...J
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
SECTION 1: Amount - Name - Purpose and Authorization of
Revenue Bonds. That the serial. coupon revenue bonds of the UJ.ty
01. ~chertz, 'fexas, be issued in the principal amount of $3~,OOO,
to be known and desicnated as "CITY OF SCHERTZ, TEXAS, WAl.l!.rt:WORKS
AND SEWER SYSTEM Rr.;v.l!.irlUE OONI5, SERIES 1966", for the purpose of
improvinc and extendinc the City's Waterworks System under and bT
virtUe of andin strict confonnity with the Constitution and laws
of the State of Texas, particularly Articles 1111 to 1118, both.
inClusive, Vernon's Texas Civil Statutes, as amended, and pursuant
to the special election held in said City on the l~th day of
December, 1962, the bonds hereby authorized beinc a portion and
the third installment of bonds out of a total of $600,000 revenue
bonds authorized at said election, which said series of bonds,
to~ether with the outstandin~ and unpaid previouslT issued bonds
(as herein defined) are payable, as to principal and interest,
solely from the revenues derived from the operation of the
Waterworks and Sanitary Sewer System of said City, includinc all
additions, extensions, replacements and improvements thereto
which may hereafter be made, after deduction therefrom of the
reasonable expenses of maintenance and operation of said System.
-,
I
_J
SECTION 2: 2.01 - Date - Bond Nunbers - Denomination
and Maturities. That said revenue bond.S shall be dated July 1,
l~o, shall be numered consecutively from One (1) throuch
Seven (7), shall be in denomination of Five Thousand Dollars
($5,000) each, arcrecatinc THIRTY FIVE THOUSAND OOLLARS ($3c;,OOO),
shall become due and payable serially in the 1r numerical order
on June 1 in each of the years 1994 throuch 1997, in the respective
amounts shown in the followinC schedule, to-wit:
and
BONDS NUMBERS
(All Inclusive) MA TURITY AMOUNT
1 1994 $ c;,OOO
2 1991) c;,OOO
3 1996 ~,ooo
4 to 7 1997 20,000
2.02.- OPTION OF PRIOR REDEMPTION. That each of the bonds of this
1Ssue matur1nc on and arter June 'I, 1994 shall be subject to redemption
prior to maturity on June 1, 1984, and on any interest pa;ruent date
thereafter, at a price of par and unpaid accnled interest to the daw
fixed for redemption. Notice of the intention to redeem shall be ci'Yen
in writinc to the bank at which said bonds are payable, and said notice
shall be published at least one (1) time in a financial journal or
publication of ceneral circulation in the United States of America,
which notice shall be liven to said bank and published in said journal
or publication at least thirtT (30) da;rs prior to the date fixed for
redemption. If, by the date fixed for redemption, funds shall have
been made afaUable sufficient to pay the principal of anT bond so
I
called for redemption and unpaid accrued interest thereon to the date
fixed for redemption, it shall not thereafter bear interest. In the
event that less than all bonds outl3tandinc then eli~ib1e for redemption
shall be thus called, the bonds then proposed to be redeemed shall be
called in inverse numerical order.
235
r-
SECTION 3: 3.01. INTEREST RATE AND INTEREST PAYMENT
DATES: That said bonds shall bear interest per an num, represented by
interest coupons attached to said bonds at the rate of Five per centum
(I)~), interest payable December 1, 1966, and semi-annually thereafter
on June 1 and December 1 of each year until the principal sum is paid.
3.02 - MODE OF PAYJ€NT AND BANK OF PAYMmT. That both principal of
and interest on said bonds shall. be payable in any coin or currency
of the United States of America which, on the respective dates of
payment of such principal and interest, is 1e Cal tender for the
payment of debts due the United States of America, at the FROOT
NATIONAL BANK, San Antonio, Texas, without exchance or collection
char~es to the owners of the bonds and10r interest .coupons. Th!
principal of said bonds shall be payable only upon presentation
and su.... ~..der of said bonds as they respectively become due, and
interest fallinC due on and prior to the respective maturity dates
of the bonds shall be payable only upon presentation and surrender
of the interest coupons attached to said bonds as such interest
coupons severally become due.
SECTION 4: EXECUTI ON OF OONDS AND INTEREST COUPONS:
Th! seal ai" said City may be impressed on each 01' said bonds or in the
a1 ternative a facsimile of such seal may be printed on the said bonds.
The bonds and interest coupons appurtenant thereto may be executed b.r
the imprinted facsimile si~natures of the Mayor and City Secretary of
the City and execution in such manner shall have the sane effect as if
such bonds and coupons had been si~ned by the Mayor and City Secretary
in person by their manual sicnatures. Inasmuch as such bonds are
required to be recistered by the Comptroller of Public AccOlmts for
the State of Texas, only his sicnature (or that at a deputy desicnated
in writinc to act for the Comptroller) shall be required to be
manually subscribed to such bonds in connection with his re~istration
certificate to appear thereon, as hereinafter provided; all in
accordance with the provisions of Article 7l7j-l, V .A.T .C.S.
SECTION 5: FORM OF BONDS: That said bonds shall be in
substantiall.y the 1'ollafinC 1"orm:
NO.
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY ClF GUADALUPE
$1),000
CITY OF SCHERTZ, TEXAS,
WAJ..I!.dORKS AND SEWER SYSTEM R1!;vl!iNUE OOND
SERIES 1966
,--
THE CITY OF SCHERTZ, in the County of Guadalupe, in the .
State of Texas, FOR VALUE RECE1Vl!jiJ, hereby acknowledces itself indebted
to and PROMISES 'lU PAY TO BEARER ON THE FIRST DAY OF JUNE, 19 '.
solely from thespectal fund hereinafter specfied, the sum of.
FIVE '!HOTJSAND DOLLARS
($1),000), and to pay interest thereon from the date hereof at the
rate of FIVE PER CENTUM (t)~) per annum, interest payable December I,
1966, and semi-annually thereafter on June 1 and December 1 of
236
each year until the principal sum hereof" shall have been paid. Both
principal of and interest on this bond are payable in any coin or currency
of the United States of America which OD the respective dated of pqmen't
of" such principal 8lld interest is lecal tender f"or the payment of" debts
due the United States of America, at the FROST NATIONAL BANK, San Antonio,
Texas, without exchanr;e or collection charces to the owner or holder.
The principal hereof shall be payable only upon presentation and surreender
of this bond, and interest hereon fa1linc due on and prior to the
maturitq of this bond shall be payable only upon presentation and
surrender of the interest coupons hereto attached as such coupons
severally beCOlll! due.
I
THE DATE of this bond, in conformity with the ordinance
hereinafter mentioned is July 1, 1966.
'!HIS BOND is one of a series of seven (7) serial bonds of
like date and tenor, except as to serial nUllber and maturity, beinc
numbered consecutively from 1 thro~h 7, in denanination of $5,000
each, acerecatine $35,000 (beine a portion and the third installment
of bonds out of a total of $600,000 bonds authorized at the election
hereinafter mentioned), and tocether with the other bonds of said
series, isissued for the purpose of improvinc and extendinC the CHiT'S
Wate~orks System, under and by virtue of the Constitution and laws
of the State of Texas, particularly Articles 1111 to 1118, both ,
inClusive, Vernon's Texas Civil Statutes, as amended, and by authoritY'
of a vote of the duly qualified resident electors of said City who
owned taxable proper11T wi thin said City and wtio had duly rendered
the sallB for taxation, at an election held within said City on the
15th day of December, 1962, and pursuant to an ordinance lawfully
adopted by the CitY' Council of said City and duly recorded in the
official minutes of said CitY' CounCil, to all the proTisions of which
ordinance the <Jfner or holder of this bond and of the interest
coupons appurtenant thereto, by the acceptance thereof, expresslY' assents~
r I
lJ
EACH OF THE OONllS OF THIS ISSUE MATURING <If AND AFTER
cJUl'U!. 1, 1994 (Beine Bonds Nos. 1 throuch 7) SHAIL BE SUBJECT TO
REDEMPTION prior to maturitT ON June 1, 1984, and on any interest
payment date thereafter, at a price of par and accrued interest to
the date so fixed f"or redemption. If the City elects to redeem
all or any part of said bonds, notice of the intention to redeem
shall be cb'en in writinC to the bank at which said bonds are
payable, and said notice shall be published at least one (1) time
in a financial journal or publication of ClDeral circulation in the
United States of America, which notice shall be civen to said bank
and published in said journal or pllblication at least thirth (30)
~s prior to the date fixed for redemption. If, by the date fixed
for redemption, funds shall have been made available sufficient to
pay the principal of anY' bond so called for receDlption and unpaid
accrued interest thereoo to the date f:ixed for redemption, it shall
not thereafter bear interest. In the event that less than"all bonds
outstandinc then elic1ble for redemption shall be thus called, the
bonds then proposed to be redeemed shall be called in inverse nwnerical
order.
EACH SUCCESSIVE HOLDER OF THIS IDND and each successi'Ye
holder of ea.ch of the interest coupons hereto attached is conclusively
presumed to foreco and renounce his equities in favor of subsequent
holders for value and without notice, and to acree that this bond and
each of the coupons hereto attached may be necotiated bT deli'YerlY'
bY' any person hannr posseSSion thereof, hOlsoever such posse8sica
lIay have been acquired, and that &DJ" holder 'Who shall have taken this
bond or anT of the coupons from anT person for value and without
i ·
notice thereby has acquired absolute title thereto, free from any
defenses enforceable acainst any prior holder and free from all
equities and claims of ownership .of any such prior holder. The
City of Schertz and its official and fiscal acents shall not be
affected by any notice to the contrary.
237
,...--
THIS OOND shall not be deemed to constitute a debt of
the City of Schertz or a pledce of its faith and credit, but,
tocether with the outstandinc and unpaid previously issued bonds
(as defined in the ordinance authorizinc the series of bonds of
which this is one) shall be payable, as to principal and interest
solely from the revenues derived from the operation of the 1Naterworks
and Sanitary Sewer System of said City, includin~ all additions,
extensions, replacements, and improvements thereto which may
hereafter be made, after deduction therefrom of the reasonable
expenses of maintenance and operation of said System. The holder
hereof shall never have the ri<<ht to demand paYment of this obligation
out of any funds raised or to be raised by taxation.
'!HE CI TY EXPRESSLY RESERVES THE RIGHT TO ISSUE the remaininc
bonds authorized at the election held on December 11), 1962, and
additional bonds payable from the net revenues of said Waterworks
and Sanitary Sewer System, and such remaininc voted bonds and
additional bonds lIBY be on a parity and of equal diCnity in all
respects with the bonds of this issue and wi th the outstandinc
previously issued bonds, but such remaininc voted bonds and additional
parity bonds may be issued only pursuant to. and subject to the
restrictions, covenants, and 1 imitati ons contained in the ordinan ce
authorizinc this issue of bonds, to which reference is hereby made
for all particulars.
,...--
,
IT IS HEREBY CERTIFIED, RECITED AND REPRESENTED that ~
issuance of this bond and the other bonds of the series of which
this bond is a part is duly authorized by law; that all acts, conditions
and thincs required. to exist and to be done precedent to and in the
issuance of this series of bonds to render the same lawful and valid
have been properly done and performed and have happened in recular
and due time, form and manner, as required by law; that due provision
has been made for the payment of the principal of and interest on
this bond and the other bonds of the series of which it is a part by
irrevocably pledCinC the net revenues of said Waterworks and Sanitary
Sewer System; and that the issuance of this series of bonds does
not exceed any Constitutional or statutory limitation.
IN TESTIMONY WHEREOF, the City Council of the City of
Schertz, Texas, in accordance with the provisions of Article 7l7j-l,
V..p..T.C.S., has caused the seal of said City to be impressed or a
facsimile thereof to be printed hereon, and this bond and its
appurtenant coupons to be executed with the imprinted facsimile
signatures of the Mayor and City Secretary of said City, as of the
1st day of July, 1966.
~)j/. ~ I' jl 1/
Mayor, ~ty O}.'b~h~xas
COUNTERSIGNED: _
k, 1f,)~ ~ JlJrqO 0
t;1ty Secretary, tHy of ::ichertz, Texas
SECTION 6: FORM OF INTEREST COUPONS: . That the merest
coupons at'tacnea 'to saJ.d oonds ShalL oe J.D. suostantially the
followinC form:
23~
NO.
$
ON THE 1ST DAY OF , 19 , *THE CITY OF
SCHERTZ, in the County of Guadalupe, :;)tate 0.1" Texas, PROMISES TO PAY
TO BEARER, without exch811C8 or collection charces, at the FROST NATIONAL
BANK, San Antonio, Texas, nIE SUM OF $ , in any coin or currency
of the United States of America, which on such date is lecal tender for
the payment of debts due the United States of America, solely from the
special fund specified in the bond to libich this coupon appertains, said
sum beinc interest due that date on City of Schertz, Texas, Waterworks
and Sewer System Revenue Bonds, Serie.s 1966, bearbr We rriljIber hereinafter
specified, dated July 1, 1966. The holder hereof shall never haTe the
richt to demand payment of this oblication out of any funds raised or
to be raised by taxation. Bond No. .
.~
1-
p ~ ~{
culli :'ry, <Ii Ii 1 h~~~~z,
WfUA1J/. fi.~~IiJ I
Majyor, CJi ty ci c ertz,. Texas
'l'exas
*(Coupons maturinr after June 1, 1984 shall contain the follCJIinc
additional clause:
unless the bond to which this coupon appertains has
been called far previous redemption and due provision
made to redeem same,)
SECTION 1: REcn:STRATION OF OONOO BY STATE OOMPTROLLER
AND FORM OF REGl:;)THATIvi~. Ch:~IrrCil~'~. ',rhat eacn or sa1d. bond.s
shall be recistered in the office of tl'E Comptroller of Public
Accounts of the State of Texas, as provided by law, and the reristrati. on
certificate of said Comptroller of Public Accounts, which certificate
is to be manually executed, shall be in substantially the follCJIinC fonu
OFFICE OF COMPTROLLER I
D
THE STATE OF TEXAS I
REGISTER NO.
I HEREBY CERTIFY that there is on file and ~ record in my
office a certificate of the Attorhey General of the State of Texas
to the effect that this bond has been examined by him as required
by law, and that he finds that it has been issued in confol"lllity wi th
the Constitution and laws of the State of Texas, and is a valid and
bindinC special ob1icat~on of the City of SChertz, Texas, payable
frClll the revenues pledced to its payment by and in the ordinance
authorizinC the same; and said bond has this day been recistered by me.
WITNESS MY HAND AND SEAL OF OFFICE at Austin, Texas,
.
l;omptroller 01' Public Accounts or
the State of Texas
SECTION 8: DEFIN!TIONS: That, as used in this ordinance,
the fol1ow1nc words and. t.enns shall. mean and include~ and are defined,
as follows, to-wit:
(a> City - The City of SChertz, Texas, and where appropriate,
the City CO\Ulci.1 thereof.
I
_J
. ....,I.
. . " ..
~
I
(b) System - the Waterworks Sys tem to be purchased by the City
with the proceeds of sale of the bonds authorized by this ordinance,
the ordinance of April 15, 1964, and the ordinance of January 29,
1963, and the sanitary sewer system of said City under construction,
includiuC all present and future additions, extensions, replacenents
and improvenents to said waterworks system and sanitary sewer system.
239
(c) Net Revenues - the cross revenues derived from the
operation of the ::>ystem less the reasonable expenses of maintenance
and operation of said System, includinc all salaries, labor, materials,
interest and such repairs and extensions as in the judgment of the
governinc body of the City- are necessary to keep the plant or
utility in operation and render adequate service to such Cit1' and
the inhabitants thereof, or such as micht be necessary to meet some
physical accident or conditi on which would otheI'W'ise ~air the
orip.nal security.
(d) Bonds - the $35,000 City of Schertz, Texas, Waterworks
and Sewer System Revenue Bonds, Series 1966, dated July 1, 1966,
authorized by this ordinan ce.
(e) Previously Issued Bobds - the City of Schertz, Texas,
Waterworks and ::lewer ::>ystem Hevenue BondS, Series 1963, dated
February 1, 1963, in the oricina1 principal amount of $300,000;
and the City of Schertz, Texas, Waterworks and Sewer System Revenue
Bonds, Series 1964, dated May 1, 1964, in the oricinal principal
amotmt of $1)0,000.
(f) Remaining Bonds - the remaininc $215,000 revenue
bonds authorized at the election held in the City on the 15th
day of December,-1962, and which the City expressly reserves the
richt to issue in Section 10.06 of this ordinance.
(I) Additional B0nds - the additional parity revenue
bonds that thel;ity' expressly reserves the riCht to issue in
Section 10.07 of this ordinance.
SECTION 9: SECURITY FOR OONrs, REMAINING OONre AND
ADDITIONAL BOND::>: 'rha t the Hands, the previously lssued Honds
land, when issued, the Remaininc Bonds an d the Addi tional Bonds)
are payable from and secured by a first lien on and pledce of t~
revenues of tlE Sys tem after deducti on therefrom of the reas on able
expenses of maintenance and operation of saj:.d System. T~ Bonds,
the Previously Issued Bonds, and, when issued, the Remaininc Bonds
and the Additional Bonds shall be in all respects on a parity and
of equal dicni ty with one,. an other.
SECTJ ON 10: PLEDGE OF NET REVENUES. Thatall of the net
revenues from the operation or the System, with the exception of
those in excess of the amounts required to establish and maintain
the funds as hereinafter provided, are hereby irrevocabl1' pledged
to the pa.Yment of the Bonds, the Previously Issued Bonds, and,
when issued, the Remaining Bonds and the Additional Bonds, subject
to the terms and provisions of this ordinance. For the benefit of
the original purchaser of the Bonds and for the henefi t of any and
all subsequent holders of said Bonds, interest couporis, or an1'
part thereof, and in addition to all other provisions and covenants
and the laws of the State of Texas, and in this ordinance it is
expressly stipulated:
10.01 - RATES. The City shall fix and maintain rates and
collect charles far tile facilities and services affcrded by the
240
Systea which will produce revenues sufficient at all times:
(a> To pay for all operation, maintenance, depreciation,
replacement, and betterment charges of the SysteJl;
(b) To prodllce net reTenues each year in an amou.nt not
less than one and one-half (l-~) times the averageannual principal
and interest requirenents on all bonds th!ln outstandinc pqable from
the reTen1leS of the Syste.;
(c) To extabl ish and maintain the Bond F'lmd and the
Reserve Fund as provided in this ordinance, and in the ordinances
authorizinc the issuance of the PreviCAlSly Issued Bonds, and any
ordinances authorizing the issuance of the Remaininc Bonds and the
Additional Bonds; and
(d) To pay all outstanding indebtedness a~ainst tb!!
System, other than the Bonds, the Previously Issued Bonds, the
Remaininc Bonds, and the Additional Bonds, as an d when the sane
become due. PrOVided, also, that no free se.rvice or services of
the ~ystem shall be allowed, and should the City or any of its
agencies or instrumentalities make use of the services and facilities
of the System, p.."... ~.nt of a reasonable value thereof shall be made by
the Ci t.Y out of funds derived from sources other than reven..es and
income of the System.
--I
10.02 - mE OF R.l!;vJ:!l'JUES: Tn, City will deposit, as
collected, all revenues denTed from the operation of the System
into a separate acocamt (herein called the "System Fund") which
shall be lipt Sflparate and apart from all other funds of the City.
The System hnd shall be administered as fallaH'S:
(a) Maintenance and Operaticm. From the moneys in the
System Fund, the l;i ty ShaLl pay the expenses of maintenance and
operation of the System, includinc all salaries, labor, materials,
interest, and such repairs and extensiCi'Js" as in the jud~nt 0'1' the
10Teminc body of the City are necessary to leep the plant or utility
in operation 8'ld render adequate service to such City and the
inhabitants thereof, or such as micht be necessary to meet sone
physical accident or condition which would otherwise impair the
or:icinal securi ty .
----,
_.-J
(b) Bom Fund. There iB hereby created and established
a special fund for the payment c:L the principal of and interest on
the Bonds, to be lmcwn as CITY OF SllIERTZ WA.11!.n~RKS AND SEWER
SYSTEM REVENUE IDND, SERIES 1966, INTEREST AND SINKING FUND,
hereinafter referred to as th!l "Bond Fund". After the paynent of all
expenses provided fer in the next precedinc paragraph, the City,
on or bef)ore the 10th day of each month, bepnninc with the month
of July, 1966, and continuinc until all the Bonds haTe been finally
paid, both as to principal and interest, shall from moneys in the
System Fund, pay into the BCDi Fund the followinC amounts:
(1) On or before" July 10, 1966, and on or before the
10th day' of eadl month thereafter. to and ine! udinC
November 10, 1966, an amount which is not less than
One-fifth (1/5th) c:L the interest fallinC due on
December 1, 1966, on the Bonds; and
(2) On or before December 10, 1966, and on or befare
the 10th day of each month thereafter, an amCND~
which is not less than:
I
One -sixth (1/6th) of the next maturinc
interest on the Bonds,
241
and
r-
(3) On or be:fore June 10, 1993, and on or be:fore the
lOth day of each month thereafter, an amount which
is not less than:
One-twel:fth (1/12th) of the next maturinc
principal of the Bonds.
If in any month the City shall, for any reason, fail to pay into
said Bond Fund the full amounts above stipulated, amounts equivalent
to such deficiency or deficiencies shall be set apart and paid into
said Bond Fund :from the first available and unallocated revenu.es of
the follON'ing month or months and shall be in addition to the amounts
hereinabove provided to be otherwise paid into said Bond Fund each
month. The moneys paid into the Bond Fund shall be deposited in the
official depository; of the City, and shall be continuously secured
by a valid pledge to the City ~ direct obligations of the United
States of America, havin~ an ag".'rer;ate market value, exclusive of
accrued interest, at all times equal to such Bond Fund. Th! amount
received from the purchaser of the Bonds as accrued interest there on
from the date of the Bonds to the date of delivery shall also be
placed in the Bond Fund, which shall reduce by such anount the sums
which would otherwise be required to be placed into the Bond Fund
from the revenues of the System.
(c) RESERVE FUND. 'l'lBre is hereby created and established
a special fund as a reserve for the Bonds, to be knOW'n as "CITY OF
SCHERTZ WATERlN'ORKS AND SEWER SYSTEM ltI!iV.l!iNUE OOND, SERIES 1966,
RESERVE FUND" hereinafter referred teas the "Reserve Fund". After
the p"'J ......nts required by the next two preceelinc paragraphs have been
made, the City on or before the 10th day of each month, beginninc
with the month of July, 1966, shall, from moneys in the System Fund,
pay into the Reserve Fund an amount which is not less than $.31).00
per month, and such monthly pqments shall be continued until such
time as there is in the Reserve Fund an amount not less that $2,100.
If in any month the City shall, for any reason, fail to pay into the
Reserve Fund the full amount above stipulated, amounts equivalent to
such deficiency or deficiencies shall be set apart and paid into the
Reserve Fund from the first ava1+able and unallocated revenues of the
following month or months and shall be in adeli tion to the monthly
deposit hereinabcm! provided to be otherwise paid into said ReserYe
FuDi. The moneys paid into the Reserve Fund shall be deposited in
the official depositbr;r of the City and shall be continuously secured
by a valid pladce to tl1e City of direct oblications of the United
States of America, havinc an accrecate mrket value, exclusive of
accrued interest, at all times at least equal to such Reserve Fund.
The moneys '.1n1t.heRes$'rYe'Fund,'at'tlie,option of the City, may be
invested in direct obligations of the United States of America maturinc
wi thin 10 years from the date of purchase or maturinc before the final
maturity of the Bonds then outstanding, whichever shall first occur,
which shall be deposited in escrow with the local depository under an
escrow agreement. If such moneys are so invested and deposited in
escrow, the City shall have the right to have sold and shall sell
through the escrow acent on the open market a sufficient amount of
such securities in crder to Ireet its obligations of principal and
interest in the event that it does not have sufficient uninvested
funds on hand for such purpose. Under such circumstances, the Mayor
is Mreby authorized, ordered and directed to give fifteen (IS')
24~
dqs t written notice to such acrOll' agent of the necessity to sell such
securities on the open market. After said sale, the moneys resultinc
therefrom shall bel one to the Reserve Fund and shall be available to
pay such oblicatians of principal and interest as above profided. So
lone as the Reserve Fund contains a balance of not less than $2,100,
no further payments need be made into said Reserve Fund; hCJfever, in
the event that said balance is ever reduced to an amount less than
$2,100, the monthly payments, as provided abOTe, shall be continued and
resumed until said balance of not less than $2,100 is acain reached
and maintained.
,l
I
Cd) Trust Funds: Moneys in the Bond Fund and in the Reserve
Fund shall constitute trust f\ands, and shall be used solely for the
aforesaid purposes until all of the Bonds have been retirea, both as
to principal and interest. The appropriate officials of the City shall
assure that moneys are transferred from the Bond Fund Cand, if necessaar,r,
from the Reserve Fund) to the bank or pqTll!nt at the proper times so
that funds will be aTailable for the paytl!'Jnt of the interest on and
prinCipal of the Bonds as such interest and principal respectively.
become due and payable. When there are moneys in the Bond Fund and
Reserve Fund sufficient to Eke all interest paylIents and all principal
paymentsdue and to become due to the final maturity of all bonds then
outstandinC pqable from the revenues of the System, no .further P&.1 ".,",ts
need be made into said Bond Fund and Reserve Fund.
Ce) Surplus: AnT :funds reaaininc in the System Fund after
provision has been made for the payment of the reasonable costs of
maintainine and operatine the System, and for the payaents into the
Bond Fund and the Reserve Fund for the bonds herein authorized and
the previously issued bonds, as above provided, and after proviSion
has been made for all payJll!Jnts that may be required by ordinances or
proceedincs pertaininc to RemaininC Bonds or Additional Bonds, mq be
used for the ;retirement of Bonds, P. _ .lously lss ued Bonds, RemaininC
Bonds, or Additional Bonds, or may be used fo r any other purpose or
purposes permitted bT lawe
10.03 - MAINTENANCE AND OPERATION: The City shall maintain
the System 1n COod contitiCll1 and operate the same in an efficient
manner and at a reasonable cost. So lo~ as any of the Bands are
outstandine, the City acrees to maintain insurance, for the benefit
of the holder or holders of said Bonds, on the System of a kird and
in an amount which would usually be carried by private cOmpi nies
eneaced in a similar type of business. Nothinc in this ordinance
shall be c<II1strued as requirinc the City to expend. aDT .r\mc:is for this
purpose which are derived frOll sources other than the operation of
the System, but nothinc herein shall be coostrued as preventinc the
City from doinC so.
10.04 - ACCOUNTS mCAl YEAR, AND ACCOUNTING REPORTS:
Ca) The v1ty shall keep proper records and accounts (separate from
all other records andaccounts of the City) in which complete and
correct entries shall be made of all transactions relatine to the
Systea. The City will operate the System on the basis of a fiscal
year endinc December 31st.
Cb) Not later than the 15th day of each month" becinninc
with the month of AUCllst, 1966, the City wUl furnish, without
cost , to:
~
AnT holder of any Bond or Bonds
who may so request in writine
i
a copy of a monthly operating staterrent signed by an official of
the City, covering the next precedinc calendar month, shewing the
follcwing information relatinc to the System:
243
I
i
(1)
(2)
(3)
(4)
Balance in each of the Funds created by this
ordinance;
Number of billincs for water services of SystemJ and
Number of billincs for sanitary sewer services of
System.
Income and expense statement;
(c) Not later than 90 dqs after the close of each fiscal
year beginninc with the fiscal year endinc December 31, 1966, t.b!
City will furnish, without cost, to -
Municipal Advisory Council of Texas
Austin, Texas,
Any holder of any Bond or Bonds who may
se request in writinc,
a signed or certified copy of a report of an independent certified
public accountant or firm of certified public accountants, covering
the next precedinc fiscal year, shoonC the follcwin<< information
re1atinc to the System:
(1) Income and expense statement;
(2) Balance Sheet;
(3) Accountant' s c~" ",,,,_nt recardinc the manner in
which the City has complied with the requirelll!!nts
of this ordinance, and his recommendati ons for
anJl cJian ges or improvements in the accountinC
procedures;
(4) List of insurance policies in force at end of
the fiscal year, shcwinc as to each policy,
the risk covered, the name of the insurer,
and the expiration date;
(5) The nwrber of unmetered water customers of the
System at the end of said fiscal year, if any;
and
(6) Tm mDlber of callons of water pumped into or
taken by the System and the number of gallons
of water sold by the System <brine said fiscal
ye ar.
10.05 - INSPECTI ONS: AnJ' purchaser of 25~ or more in
principal amount 01" the HondS, and any holder of 21)~ or more in
principal amount of the Bonds then olltstandinc shall have the right
at any reasonable time to inspect the S15 tern and all rec ords,
accounts, and data of the City relating thereto.
10.06 - REMAINING VOTED BONDS: The City expressly
reserves the riCht to iSsU!!! the remainiric $215,000 bonds autherized
at the election held in said City on the 11)th day of December,
1962, in one or more installnents, and such Remaininc Bonds,
when issU!!!d, shall be payable from and secured by a first lien en
244 and pledce of the net re"t'enues of the System in the salD! manner and
to the same extent as are the Bonds, the Previously Issued Bonds,
and such Remaininc Bonds shall be in all respects on a parity and or
equal dicnity with the Bonds and the Prenously Issued Bonds. No
remainine Bonds, hOile"t'er, shall be is sued unle ss :
(a) The City is not then in default as to any covenant,
concU tion or chlieation prescribed by this ordinance or by
the ordinances authorizinc the issuance of the P.. ~.loual,.
Issued Bonds;
---'
(b) Each of the funds created by this ordinance, tb!
ordinance of Januar;y 29, 1963, and the ordinance or April 15,
196b, contains the amount of money tb!n required to be on
deposit therein;
( c) Tb! averace annual net re'genues of the Sys tem for
Either of the follONine two-year periods:
Tb! 24-month period endine on the last dq
of the month precedinc the month in which the
bond ordinance is adopted authorizinC such
remaininc bonds,
<r
the tb!n two precedinc fiscal years,
as certified by an independent certified public accountant
or firm of certified public accountants, were eqaal to at least
one and <me-half (l-!) times the averae- annual principal
and interest requireJ'l!!nts on all first-lien revenue bonds payable
from the De t re'genues of the System that will be outstandinC
after the Remaininc BCllJds then proposed to be issued are issued
and sold and deli'Yered (such averace annual principal and interest
requirements to be computed on a calendar year basis and as of
the date of the Remaininc Bonds then proposed to be is so.ed);
provided that if durinC any part of the two year period all or
an7 part of the System may have been ~ned and operated by a
private corporation or person, the earnincs and expenses durinC
such time will be adjusted to re.flect lIIUl11cipal Cllnership and
operation;
._1
(d) r.......ision is made in the bond ordinance authorizinc
the Remaininc Bonds then proposed to be issued for additional
P&.l ,....~...,ts into the Reserve Fund (in addition to payments required
by this ordinance) so that said Resene Fud will in not later
than fi'ge (I)) :rears from the date of such remainine bonds conttin
a balance of not less than the aTeraee annual principal and
interest requirements on all first-lien revenue bonds payable
frem the net revenues of the System that will be outstandine
a1"ter the Remaininc Bonds then proposed to be issU!d ar.e issued
and sold and deliTered (such average annul principal and interest
requirements to be computed on a calendar year basis and as of
the date of the Remaininc Bonds then proposed to be issued; and
(e) The Remaininc Bonds then proposed to be issued are
made to mature on June 1st in each of the years in which
the,. are scheduled to mature.
The tem "Net Re'Venues" as used herein shall mean all
. of the net revenues of the System (ex:cludinC income recei'Ved specif'ical17
!..~,J . .,j. ,
for capital items) after deduction of the reaa-G)nable expenses of
mainten~ce and operation of the System (excluding expenditures for
capital items)~
245
10.07 - ADDITIONAL PARITY roNnS: In addition to inferior
lien bonds authorized by t.:hapters 249 and 2'50, Acts of the t)lst.
Legislature of Texas, Recular SeSSion, 1949, as amended, the City
expressly reserves the right to issue additional parity revenue
bonds in one or more installments, and such Additional Bonds, when
issued, shall be payable from and secured by a first lein on and
pledce of the ret revenues of the System in the same manner and to
the same extent. as are the Bonds, the Previously Issued Bonds and
the Remaining Bonds, and such Addi ti anal Bonds shall be in all
respects on a parity and of equal dignity with the Bonds and the
Remaining Bonds. No Additional Bonds, however, shall be issued
unless the condit.ions and terms set forth in Section 10.06 hereof
relating to the Remaining Bonds are l1'I!t, and said conditions and
terms Shall apply with equal farce to the issuance of such
Additional Bonds.
SECTION 11: SYSTEM OF RECORDS AND ACCOUNTS: That the
Mayor, City Secretary and City Treasurer are hereby instructed and
directed to do any and all things necessary in reference to the
installing and maintaining of a complete system of records and
accounts pertaining to the System and to make the moneys available
for the payment of the Bonds and the Previously Issued Bonds in
the manner provided by law.
SECTION 12: SEEC IAL COVENANTS: That the City covenml ts,
by and through this ordinance, as 1"0 llaws :
12.01. - POWER TO PLEOOE REVENUES: That it has lawful
pdifer to p.Ledge the revenues supportinC this issue of Bonds and
has lawfully exercised such power under the Const.itution and laws
of the State of Texas, inel uding sai d power existinC under
Articles 1111 to 1118, both inclusive, Vernon's -Texas Civil
Statutes, as amended; and that the Bonds issued hereunder shall be
ratably secured under said pledge of net revenues in such manner
that one Bond shall have no preference over any other Bond of said
issue or over any of the previously issued bonds.
12.02. - REVENUES NOT ENCUhJj.l!lrtED: That, other than the
pledge of net reveJl'Iies in support of the Bonds as provided in this
ordinance and the pledge of net revenues in support of the
Previously Issued Bonds, the rents, revenues, properties, and
income of theSystem are not in any manner pledged to the paYllJ!'nt
of anydebt or obligation of the City, nor of said System.
12.03 - .bALE OR ENCfTMBRANCE OF SYSTEM AND ISSUANCE OF
REFUNDING IDNDS: That so lone as any of' the Bonds authorized herein
or the PreViously Issued Bonds remain outstanding, the City will
not sellar encumber the System or any substantial part thereof,
and that, with the exception of the Remaining Bonds nentioned in
Section 10.06 hereof and the Additional Bonds mentioned in
Section 10.07 hereof, when issued in accordance with all the terms
and conditions of this ordinance, it will not encumber the revenues
of the System unless such encumbrance is made junior and subordinate
to the Bonds and to all the provisions of this ordinance. Provided
however, that the Bonds, Previously Issued Bonds, Remaining Bonds
and Additional Bonds may be refunded with the consent of the holders
thereof (except that as to Bonds, Previously Issued Bonds, Remaininc
~40
Bonds, or Addit.ional Bonds which have matured by normal maturity or
through the exercise of option of prior redemption provisions, such.
consent shall not be necessary), and the refundinc bonds &0 issued
shall enjoy complete equality of lien wi. th the pnrtion of outstandinc
first-lien revenue bonds which is not so refunded,if any there be,
and the refundinc bonds shall continue to enjoY' the priority of
lien that may have been enjoyed by the bonds refunded; provided, if
only a portion of the first-lien revenue bonds then outstandinc is
so refunded and if the ref'lD1dinc bonds are issued in such manner
that the interest rate is increased cr that any refundinc bond
matures earlier than arty of the outstandinc first-lien revenue bonds
which are not refunded, then such refunding bonds may be issued
only if the terms and: eonditions set forth in Section 10.06 hereof
with respect to Remaining Bonds aremet, and such terms and condlitions
shall apply with equal force to such refundinc bonds. Any refundinc
bonds may be either delivered to the holders of a like amount of
the underlying boods upon simultaneous surrender and cancellation
of such underlying bonds, or, if authorized by law, may be sold and
delivered to purchasers pursuant to payment therefor for not less
than par and accrued interest, in which event the proceeds of sale
and delivery shall be applied to the payment of the urrlerlying bonds
auth orized to be refurded.
12.04 - NO COMPETING SYSTEM: That the City further
covenants, reaffirms and agrees, to the extent it lecally Tl&Y,
that so long as any of the Bonds, the Previously Issued Bonds, or
interest thereon are outstandinc, no franchise. shall be granted
for the installation or operation of any co~tinc system, that
the City will prohibit the operation r:L any system other than
those Clmed by the City, and that the operation of any such system
by anyone other than the City is hereP7 prohibited.
SECTION 13: ORDINANCE IS CONTRACT: That the provisions
of this ordinance shall const1.tute a contract between the City
and the holder or holders from time to time of the bonds, and after
the issuance of an7 of said Bonds, no chance, varlaticm, or alteration
of any kind in the provisions d this ordinance my be made until
all of said Bonds have been paid in full as to both principal and
interest.
SECTION :J.4: APPROVAL AND RRGISTRATIONOF :OONDS BY STATE
OFFICERS: That it shall be the dutyof' the Mayor to subDLit the
record of said Bonds and the Bonds to the Attorney General of the
State of Texas for examination and approval, and thereafter to
have such Bonds recistered by the Comptroller of Puh1. ic AccOlnts
of the State c€ Texas.
SECTI ON 1 r) :
3ALE OF BONDS: That the sale of said Bonds
M. E. Allison & Co., Inc.
San Antonio, Texas
to--
at a price equal to the prinCipal amount thereof plus accrued
interest thereon from the date thereof to t.he date of actu.al
delivery, subject to the unqualified approvinc opinion as to the
legality of said Bonds by the Attcrney General of the State of
Texas and Dumas, Hucuenin and Boothman, Attorneys, Dallas, Texas,
is hereby authorized, approved, ratified and confirmed. When said
Bonds have been approved by(said Attorney General and recistered
by the Comptroller of Public Accounts of the State of Texas, they
shall be delivered to the purchasers upon receipt of the full
purchase price. Printing of a true and correct copy of said
opinion on the reverse s ide of each of su ch bonds, wi th a ppI'O pria te
'i
--1
,
"'
~-: :
-..:,,~
.,
~
SPECIAL JOINT MBETING OF CITY CWNCILS
SCHBRTZ AND UNIVBRSAL CITY
Tuesday a"'DiD~. 30 Aupt 1966
1. Meeting was called ~o order at 7:.30 PM in Universal City
Council Chambers.
2. Meabex. pz...-t wr.:
UDivexsa1 eitl
MaYOS' Glenn B. McClm:e
AldexllUUl Lowell Barker
Alderman Artbur .1. Morris
Alderman Harold Jf. Barnea
Aldenaan Barl G. Grover, Jr.
Schertz
Ma)lO&' Roy W. Ricbud
AlderJlaft Leonard .J. Kuben
Alde.l'maJ1 Edgar T. Nux
Alderman Ma1:ford C. Kocb
Aldexaan Rayaond G. Ko,.
Alder_a Ott..x A. Sebertz
Other persons present:
Mr. G. W. Pickrell, Sebe.l'tz City Secretary
Mr. Ray Rittiman
Bach person present was introduced ~o all othel' persons in
attendance.
3. Items discussed were:
a. ~licatiOD ot street names. Each city agreed to .et up
a.dIIi.oiatrative prooedQr.. .0 that .....a ~ .t1'''~. pJ:cpoatId ....,.
..".lope1'. will be aat..t{a:11:v ca._ obecked by each c:it:v 't.
. . ........ -1'tR.. cIap11catica fit ."..t __.~
b. PJ:ob1b1tiolJ..t4 coaa~tiOll WldeJ: ltaDd01P.b AN att!!!. .
patte~_.Due to ~ .tract tbat a large Duaber ~ .bui1.d1ap aDd
tac.es haw already been COD8tructed unde% the "red" zone o:f .
~pb AF8 :flight patteZ'D8, both cities are planning to control
~&rtur. cOl'l8truetion in accordance with. proposals of Randolph AFB
Commandel' .
:.'t';::,
c. Ove*~ extra-territorial iurisdiction. Although
there was general agreement that UniVersal City would probably
. DOt _:rci.. exUa-~rrit_ia1 jui.diction xigb'te on the
Qu.~ 1 upe CouDty aide o~ Cibolo Czeek it ... clacic:Je4 'to bold
aay cIlIoiei_ .. _L. ..ttez ia abeyaDCe ..tU SUCh .. t1ae ...
a ..01>1_ ul_ ill Uaia ana. . .
.. . ~:' . r. .
~"l.' -
~~<"
\
\.
....
-=3
..~i
~ . ....
,~'['::':
'-~ v
I
",:
....-;..
I
I/"~ /'
~'-
"
~..
r,'.
~L
::::\
"1 ~,..,:.
. '1"..';... .... ,,' .,;...,~~..~,"_.;~_~(./t
d. Annexation of Rittiuan Addition. Neithex Schexta or
Univex.a]. City CowIcilmen ...~z..eed any desire ~ox the ..~"'-
ation of Rittillan Addition (area bounded by Cibolo Creek.
Randolph AFB and Farm Road 78). Water is presently being
supplied to hOlIeS in thia addition by Scherta. It.... decided
to take DO action on tiaia aatter Wltil neb a tiae .. neideate
'theaaelvea petition ~_ an.xation to eiihez ScbeJ:ta 01: Uaivezaal
City.
e. Water service to Roee Garden lUementaxv School. Nayox
Richard xeviewed fac:toxs which lead to water aezviice being pro-
vided Rose Garden al_D~y School J:.Y...Scbezu. At the. ti_
of the puro~.. o:E tbe watex .,..... by botll UDiveZ'Ml d:t)'
and Scbezta tbia U'''' ... ouuicle tJDivuaal City ct't)' lildta.
Two other boMs on Aviation Boulevard near Cibolo creek are
also beiog ..vic::ecl by Scbuta water .,.tea. _,. alobu4
~ Scbezta aDd Alde~ Norri. ~ Universal City are to pro-
pose future action if zequired.
f. Low water bEid98 connectin9 Universal City with Aero
Street in Schertz. The desirability of a low water bzidge
cODDeCting Scherb and thliveraal Ci ty ... diacua..d at leng'th.
Mayor Richard agzeed to bave their City Bngia_r prepare a
proposed location with coat estimates for flItw:. coneideration
by each City Council.
g. Police.protection. Universal City Aldermen explained
why it had heeD neceaaaxy SOII8 months ago to i..ue ordera that
Universal Ci~y police.ea .n~.r Scher~. only upon tbe req.at
of law enforcement of~icials ox Mayor o~ Schertz. Mayor Richard
advised that Schertz plans to provide two policemen. and a patrol
car fox more c.",..lete coverage. \
4.
Meeting adjourned at 9:30 p.lII..
.~~
-- ,.'"
. Me CI..UR8
- Universal City
~~Q:A~
w RI~""
Mayor - Schertz
:~
"i.. :,.,~;...t)u'",/:::i.:tiiir~
I
r-
r--
,
~
certificate pertaining thereto executed by facsimile signature of
the City Secretary, is hereby approved and a11thorized.
247
"
SECTION 16: DrrTIES OF CIIT OFFICERS: Tha t the Mayor,
the City Secretary, and other appropriate officials of t~ City
are hereby authorized and directed to doany and all things necessaxy
or convenient to carry out the provisions of this ordinance.
SECTI0N 17: EMERGENCY: That the public importance of
this measure, and the fact that it is to the best interest of
the City to provide funds for tm purpose desi~ated by the issuance
and delivery of the bonds authorized by this ordinance at the
earliest poSsible date, for the ilTlTlediate preservation of the
public peace, property, health and safety of the citizens of the
. City of Schertz, constitute and create an emergency and an urgent
public necessity requiring that this ordinance be passed and take
effect and be in force immediately from and after its passage.
PASSED AND APPROVED this the 7th day of July, 1966.
QfUJhJ?PI J'i--A "J
Ma.vor~z, -Texas
ATTEST: '~
't l
. ^,~l 'I ..r
C1ty ~ecreLry, 1 y 1ertz,
Texas
(City Seal)
Mr. Schertz reported there h=.l s not been any more bids received on 00 ildinC
a Dog Pound.
U!tter from the Volunteer Fire Tept. asking what is to be done about a
request for increase in pay of the Fire Marshal and Fire Chief and they al so
want cards showing they are City employees. City Secretary instructed to
furnish cards and notify them in writing finicial conditions of the City
cannot afford requested pay raise.
Letter from Mr. W. Schneider, Chairman, Citizens Advisory Committee,
statinc it is their opinion unsold water bonds should be used to run the new
utilities lines to the new High School site. And, if all property cJlners had
not connected to the sewer, why not and have they been fined for not connectinc
on? Also, a survey should be made on all street signs as SOlD! are dcwn and
others covered by grass and weeds. Put up speed signs in Westland Park. All
the above questions were answered at the rreeting this date. Mr. C. L. Sturrock~
has vo~unteered his services to over see any clean up work if the City receives
help through the Youth Program.
Mayor Richard read a proposed Franchise as requested by GVEC and after
some discussion on this Mr. Koym made a motion seconded by Mr. Marx that this
be tabled until further study'has been made on the Franchise.
The Mayor read a proposed budget of the City for 1966. A hearing will
be held on this at July 28th meeting and also set the tax rate for 1966.
Mayor Richard announced a vacancy to be filled for one Alderman on the
unexpired term of Mr. Perryman. Mr. Koym Dominated Mr. U!onard J:' Kuben
which was seconded by Mr. Schertz. Mr. Marx nominated Mr. Archie Wo0d'w8rd
and upon receiving no second the Mayor closed nominations and Mr. Kazben
was unuUlously appointed bY' acclaimation.
Secretary will notify Mr. Ackermann by letter about Street signs and speeding.
Motion to adjourn bY' Mr. Koch seconded bY' Mr. Koym and carriAd.
~ //1) '.Il .1/.
HOy~ch~~
ATTEST: Dc ,,J,! () \'1
,,1 \ fr, J. "A..{ /R ngyV,
ll. W. Pic.k:rell - Glty 8ecretary
n 48 s e~ ~e~ ,-p ~e..Ioo1)K ~w" jo\o'\+ M.b ~ t cL In, ~tr!14 W 1-t1 J 0 A ~ J,,,
~ ReguJ.ar meetin~ of the Schertz City Council held at the City Hall in
Schertz September 1, 1966.
Mayor Roy W. Richard called the meeting to order with the fo11owinC n_ed
Aldermen present: Raymond G. Koym, Ottomar A. Schertz and Malford C. Koch.
Absent: Edgar T. Marx and u,onard J. Kazben. Also present: Louis F. Saecert, ,
City Attorney, Walter A. Schertz, Charles C. Cross, City Encineer, Mrs. Glynn
Bennett, Walter Schneider, Jesse Booker and Mrs. T. J. Ackennann.
Minutes of meetinc Aucust 4, 1966 were approved as read.
Mayor Richard had thank you letters for sendinc out planninc report to
neighborinl cities.
L\1.J? An article in the Seguin paper shereby the City had been alloted $28,81)).00
\iT: as an advance for tn, preparation of a GNRP for the Buffalo Valley Renewal
~~ Project at Schertz.
111 Minutes of a joint (:ouncil rreetinc held with Universal City )0 Aucust read.
1a~1 \b Short discussion on Mma Patrol far crossinc at Live Oak Road and Hwy. 78.
It( Copies of letters to Lucille Riedel's Carp. and Schaefer Hone Construction
Co. on approval of new sub-division..
loll'~ - Mr. C. L. Sturrock subnitted his resicnation from the Citizens Advisory
\p ~l Committee which was accepted and Mr. Samel Perryman was appointed as a
t replacement on the commit tee.
1,1t Alderman L J. Kazben has been appointed by the Mayor to work lIi th two
u~' members of the Advisory CI.I......lttee (to be named by Mr. Walter SChneider)
0(;; to set up Police Dept. whereby there would be mare protection for the City.
1 And Mr. Kazben will handle all Police and Fire Dept. transactions in the future.
-;,1 Notofication signs, etc. ordered have been shipped.
~Io.l.; Mayor Richard infoI'll1ed the council Raldolph AFB has been contacted in recards
\ \,f to sprayinc the City.
lb Secretary will order file cabinet for police records.
,~,\"> Members of the Advisory Committee asked jU'3t what is their job. This was
'j '\ ".;\ explained by the Mayor and an article from the news paper on this which was
~ublished when said committee was started was also read. '
lkl"~ Mr. Charles C. Cross recommended RoY' Williams construction Co. be awarded
the sewer line contract on Live Oak Road.
\f}\ Motion to adjourn by Mr. K01ll seconded by Mr. Koch.and carried..
$~{{{~"~~
'l
!
ATTEST: ~ Q
~ \()~
.. ,
\ I A /
G. W. c reJ.J. - t;{(Y..lecre al"7
"",
\
Called Q!etinl of the Schertz City COIlncil held at the City Hall in Schertz,
Texas on September 12, 1966.
Mayor Roy W. Richard called the meetinc to order wi. th the folladnC named.
Aldermen present: Raymond G. Koym, Edlar T. Marx and Ott~ar A Schertz.
Absent: Halford C. Koch and U!onard J. Kazben. Also present Walter A. Schertz,
Charles C. Cross and ElCin Beck.
~.I~'O Mr. Edward Mok,CitY', Planner presented and explained plans and 8Pplication
~~ for a $50,OPO.00 grant from the cove". ,',',' .nt to b'V' land and wild a Community
\i Center Buildinc. After much discussion Mr. Marx made a motion the CitY' make
application for tpe grant, s('!conded by !ft. Sche;rt,z ;nd carried.
I~\ Mr. Schneider has cOJIIPleted the DOl Pound. Due to complaint on the
J\tl\ buildinC concerninl the roof, waterinc trouch etc. Mayor Richard asked that
\~~ the three Aldermen present make an inspec,tion of the project and report on
~ame before final payment is made.
\\\'J. The crossinc at Hwy. 78 and Live Oak Road has ncw been desicnated a school
\&\c crossinc and the council acrees that there should be a Mama Patrol member
'd~ stationed there. The school has stated they would furnish un if arms and the City
\ Council are all in accord for the City to pay $2.00 per school dill' far this dlty.
Mrs. Zeitner has volunteered for tb! job and will be contacW.
'.
I