10-03-1960-09-07-1961
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Regular meeting of the City Co~ncll of Schertz, Texas was
held October 3, 1960.
The meeting was called to order by Mayor Roy W. Richard.
The following Aldermen were present: Elgin Beck, Geo. P.
Bolton, A. o. Haverlah, W. E. Ebert, and Walter A. Schertz.
City Policeman Hugo W. Ackermann was also present.
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Minutes of last regular meeting were read and on a motion by
Geo. P. Bolton, seconded by W. E. Ebert, the minutes were
unanimously approved.
Motion by W. E. Ebert, seconded by A. O. Haverlah, that the
$1,150.00 due on Fire Engine Warrants be paid. Motion was lb/). 01/
unanimously approved. 10 (,
Motion by Elgin Beck, seconded by Walter A. Schertz, that the
following bills be paid: H. P. Thulemeyer - $26.43; South Texas
Printing Co. - $20.15. Motion was unanimously approved.
Motion by Geo. P. Bolton, seconded by Elgin Beck, that the City
Secretary order 1,000 letterheads, envelopes end second sheets.
Motion was unanimously approved.
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Motion by Walter ~
meeting adjourn.
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Schertz, seconded by W. E. Ebert, that the
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Called meeting of the City CouncIl of Schertz, Texas was
held October 5, 1960.
The following Aldermen were present: Elgin Beck, Geo. P.
Bolton, A. o. Haverlah, W. E. Ebert and Walter A. Schertz.
Motion by Walter A. Schertz, seconded by Geo. P. Bolton, that .~
the Ci ty of Schertz, Texas retain Rauscher, Pierce and Co., Inc. r;.O.()~
to proceed wi th studies and investigations relative to the /;J/
financing of a sanitary sewer system.'
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Regular meeting of the City Council of Schertz, Texas was
held November 7, 1960.
The meeting was called to order by Mayor Roy W. Richard.
The following Aldermen were present: Elgin Beck, Geo. P.
Bolton, A. o. Haverlah, W. E. Ebert and.W. A. Schertz.
City Attorney Louis Saegert and City Policeman Hugo W.
Ackermann were also present.
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Minutes of the last regular meeting were read and on a motion
by Walter A. Schertz, seconded by Elgin Beck, the minutes were
unanimously approved.
On a motion by Geo. P. Bolton, seconded by Walter Schertz, that
a Gasoline Safety Ordinance be adopted. Motion was unanimously
approved.
ORDINANCE NO. 36
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHER'l'Z, TEXAS:
GENERAL PROVISIONS:
1. Gasoline Defined: Gasoline is a flammabl.e liquid herein-
after defined by reason of its explosive character and flammability
when exposed to fire whatever its. source of origin may be.
2. Title: This ordinance shall be known as "an ordinance
regulating and governing the sale and disposal of gasoline, and
the keeping of gasoline on premises in unapproved.containe~s, as
a fire safety measure to prevent death and injuries and property
destruction by fire in the misuse of gasoline, " in the City of
Schertz, Texas, and may be referred to as "The Gasoline Sa~ety
Ordinance. "
3. Application: This ordinance shall apply to all persons,
~irms, agencies, corporations, or co-partnerships selling or dis-
posing of gasoline in any manner, end to all property owners of
buildings and premises of every kind, character end description
where people are housed or employed in any profession, and to the
occupants of such buildings and premises as tenants.
4. Purpose: The purpose of this ordinance is to regulate
and control the sale and disposal of gasoline to the extent that
all gasoline sold or disposed of by any person or persons, firm,
agency, corporation or co-partnership, in quantities of ~ive gallons
or under, shall be dispensed into an approved metal automatic
self closing type container, or shall be dispensed into en air
tight metal lid container asa substitute for the approved metal
automatic self closing type container, and to require each property
owner or tenant who shall keep gasoline on, in or about his
premises in quantities of five gallons or under, to keep such
gasoline in an approved metal automatic self closing type con-
tainer, or in an air tight metal lid container as a substitute
for the approved metal automatic self closing type container, as
a fire prevention measure to protect life and property from the
hazards and danger of fire.
5. Scope: This ordinance shall apply to gasoline, a
flammable l1quid as hereinafter defined.
6. Cont.a1ners Defined: An approved metal automatic self
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closing type container shall mean a closed container as herein
defined, so sealed by means of a lid or other device that neither
liqu1d nor vapor will escape from it at ordinary temperatures.
An air t1ght metal lid container shall mean a container
constructed of metal or the equivalent thereof, other than glass
or materials that are breakable, properly equipped and fitted with
a metal lid or the equivalent thereof, in such a manner ~d to the
extent that the container will be air tight and the contents thereof
will not spill if dropped or turned over, and the contents will not
ignite when exposed to open flame or ignition, and that neither the
liquid nor yapor will escape from it at ord1nary temperatures, and
so designed for safety purposes against the danger of fire.
7. Flammable Liquid: Flammable liquid as herein applied to
gasoline shall mean any liquid hav1ng a flash point below 200
degrees F., and havins a vapor pressure not exceeding 40 pounds per
square 1nch (absolute) at 100 degrees F., and as more fully defined
in a publication nationally and internationally known as "NBFU 30 -
.Standards Of The National Board of Fire Underwriters For the Storage,
Handling And Use Of Flanmable Liquids As Recommended By The National
Fire Protection Association", the mailing address being National
Board of F1re Underwriters, 85 John Street, New York 38, N. Y.
.8. Flash Point shall mean the minimum temperature in degrees
Fahrenhei t at which a flammable liquid will give off flammable vapor
as determined by appropriate test procedure and apparatus as specified
and more fully defined in "NBFU 30 - Standards Of The National Board
Of Fire 'Underwirters For The Storage, Handling And Use 6f Flammable
Liquids As Recommended By The National Fire Protection Association",
the mailing address being National Board of Fire Underwriters, 85 John
street, New York 38, N. Y..
NOW THEREFORE BE IT FURTHER ORDAINED BY THE CITY COTJNCIL OF THE
CITY OF.' SGHER'l'Z, TEXAS:
Section 1. Dispensing Containers: That from and after the
adoption of this ord1nance it shall be unlawful for any person or
persons, firm, agency, corporation or co-partnership to sell or
dispose of gasoline in any manner in a container of f1ve gallons in
capacity or under, unless such container is of the approved metal
automatic self closing type listed in the publications of the Under-
writers' Laboratories, Inc., Chicago, Illinois, or Factory Mutual
Engineering Division and Laborator1es, Norwood, Massachusetts, or
other nationally known and recognized underwriters or similar
organization, so designed that the contents can be poured w1thout
spilling, and will not spill if turned over, and contents will not
19nite when the container is exposed to open flame or ignition, and
so 'designed for safety purposes against the danger of fire; provided,
however, that it shall be permissible to dispense gasoline 1nto an air
tight metal lid container of five gallons in capacity or under, so
designed that the container will be air tight and will not leak, break
or erupt if dropped, m.nd will not readily 19nite when the container 1s
exposed to open flame or igni tion, and so designed and cared for so
that small children, in particular, who are unaware of the danger and
flammability of gasoline w111 not have easy access to the contents00f
the container, and will not be exposed to the danger of gasoline or its
vapor, and so designed for safety purposes against the danger of fire.
Section 2. Dispensing Containers of Keepers or Possessors of
Gasoline: It shall be unlawful for any property owner or owners,
occupants or tenants of a property owner or owners of any building,
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buildings, structure or structures of any kind where 'people are
housed as a home, apartment, boarding house, or any other type of [J
occupancy of any kind or character, whether they be housed or
employed, to keep gasoline in, upon or about such premises in
quantities of five gallons or under unless such gasoline is kept
in a container of the approved metal automatic self closing type
listed in the pub11cat10ns in Section 1, above referred to; or in
an air tight metal lid container as a substitute for the approved
type container, and so designed for safety purposes against the
danger of fire. .
Section 3. Labeling: It shall be unlawful for any person or
persons, firm, agency~ corporation or co-partnership to sell or
dispose of gasoline in any manner in a container, unless suc~
container is clearly marked with the word "Gasoline" printed on
each container, and this may be done by printing on the container
or by attaching a suitable label on the container so it will remain
thereon firmly attached, and this same provision of labeling shall
apply to any owner or owners, occupants or tenants of buildings of
every kind and character, including dwelling and other buildings
where people are housed as living quarters or where people work or
are employed in any capacity, who keep gasoline in, upon or about
their premises.
Section 4. Penalty: Any person, or persons, firm, agency,
corporation or co-partnership violating any of the provisions of
this ordinance or failing to comply therewith, shall be deemed
guilty of a misdemeanor, and upon conviction for violation thereof, 0
shall be fined in any sum not less than ten dollars ~.OO), and
not more than fifty dollars ($50.00) for each separate offense.
Section 5. That this ordinance shall become effecti~e after
1ts passage, approval and publication as required by law.
Passed and approved, this the 7th day of November, A.D., 1960.
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Attest:
.Ralph R. Ikels
Secy. -Treas.
Roy W. Richard
Mayor
On a motion by W. E. Ebert, seconded by Geo. P. Bolton, an
ordinance regulating the time that Railroad crossings are blocked
by trains be limited to 5 minutes be adopted. Motion was unanimously
approved.
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ORDINANCE NO. 37
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHER'l'Z,
TEXAS:
If any railroad conductor or acting conductor in charge of an
eng1ne or train of cars shall stop or cause to be stopped any
railroad engine, car or cars across any street, alley, or road,
h1ghway or other passage in this c1ty, so as to interfere with or
obstruct free passage thereon for a longer time than 5 consecutive
minutes, he shall be deemed guilty of a misdemeanor and, upon
conviction, shall be fined in any sum not less than $5.00 nor more
than $100.00.
This ordinance shall become effective upon passage and
publication as provided by law.
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Passed and approved, thi s the 7th day of' November, A. D., 1960.
Roy W. Richard
Mayor
Attest:
Ralph R. Ikels
Seey. -Treas.
On a motion by Walter A. Schertz, seconded by W. E. Ebert, that
refunds on Schertz Occupation Tax be paid the following:
Artl s Hardware $27.00
Beck's Red & Whi te 12.00
Riedel's Store 14.50
Schneider's Cafe 17.00
On a mot10n by Geo. P. Bolton, seconded by Elgin Beck, that
the following bills be paid:
SAMSCO (Street Signs) $153.50
Simmang1s (Police Badges) 14.00
South Texas Printing Co. (Stationery) 35.65
Motion was unanimously approved.
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On a motion by Geo. P. Bolton seconded by W. E. Ebert, that
the City Secretary write the Post Office Departmant recommending
that adequate parking be provided for the proposed Post Office.
Motion was unanimously approved.
Motion by W. E. Ebert, seconded by W. A. Schertz, that the
meeting adjourn.
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Regular meeting of the C1ty Council of SChertz, Texas was
held December 5, 1960.
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The meeting was called to order by Mayor Roy W. Richard.
The following Aldermen were present: Elgin Beck, Geo. P.
Bolton, A. o. Haverlah, W. E. Ebert, and W. A. Schertz.
City Attorney Louis Saegert and City Po11ceman Hugo W.
Ackermann were also present.
Minutes of the last regular meeting were read and on a mption
by Geo. P. Bolton, seconded by Elg1n Beck, the minutes were
unan1mously approved.
Major W. W. Dawson from Randollh A1r Force Base gave a talk on
Disaster Control.
On a mot10n by Geo. P. Bolton, seconded by W. E. Ebert, two
locks to the council chamber be changed and trash can and broom
be provided for the Council Room. Motion was unanimously approved.
On a motion made by Geo. P. Bolton seconded by W. A. Schertz,
the City purchase a case of flares for 617.25 for the Police and
Fire Department use. Motion was unanimously approved.
On a motion made by Geo. P. Bolton, seconded by W. E. Ebert,
that Jimmy Stewart, Herb Flowers and Delos Durden be appointed as
Special Deputies. Motion was unanimously approved. .
On a motion made by W. A. Schertz, seconded by Elgin Beck,
tha t J. J. Biediger, R. R. Cosby and C. W. Hebert be appointed as
an Aud1ting Committee to audit the city books. Motion was
unan1mously approved.
On a motion made by Geo. P. Bolton, seconded by Elgin Beck,
that Geo. Pickrell be given authority to purchase and have the
'necessary forms printed for the Corporation Court. Motion was
unanimously approved.
On a motion made by W. A. Schertz, seconded by W. E. Ebert,
that Geo. Pickrell be paid $25.00 a court session, and that two
sessions be held per month. Motion was unanimously approved.
On a motion made by W. E. Ebert seconded by Elgin Beck, that
C1ty Attorney Louis Saegert be paid ~300.00 salary from Apr1l 1,
1960 through December 31, 1960. Motion was unanimously approved.
On a motion made by Geo. P. Bolton, seconded by W. E. Ebert,
that County Commissioner Precinct #3 be paid $500.00 for street
ma1ntenance for the year 1960. Motion was unanimously approved.
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On a motion made by W. E. Ebert, seconded by Geo. P. Bolton,
that City Policeman Hugo W. Ackermann's expense allowance be
increased $50.00 per month starting January 1, 1961. Motion was
unanimously approved.
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On a motion made by Geo.
that an Ordinance designating
newspaper for the publication
unanimously approved.
P. Bolton, seconded by A. O. He.verlah, ,tJ,'6(' ~
the Seguin Enterprise as the official
of ordinances be passed. Motion was IO~A
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ORDINANCE NO. 38
BE IT ORDAINED BY TIlE CITY COUNCIL OF THE CITY OF SCHERTZ,
.I'EXAS :
That the Seguin Enterprise, a public newspaper published in
Seguin, Texas is herewi th designated as the official paper of the
City of Schertz, Texas and the Mayor of the City of Schertz, Texas
is hereby authorized to contract with such newspaper to so act.
That all matters required by statute or by ordinance of the City of
Schertz, Texas to be published shall be published 1n such newspaper.
Passed and approved this the 5th day of December, 1960.
Roy 1V. Richard
Mayor
Attest:
Ralph R. Ikels
Secy. -Treas.
On a motion made by W. E. Ebert, seconded by Elg1n Beck, that
an ordinance closing the present alley from Exchange to Main Streets
between the Schertz State Bank and the Schertz Mercantile Building
be passed as follows. Motion was unanimously approved.
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ORDINANCE NO. 39
. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
THAT WHEREAS the City of Schertz, Texas, has never maintained,
claimed or used the hereinafter described tract of land as a public
street or alley and does not now desire to do so:
IT IS HEREWIrrn ORDAINED that all that certain strip of land
which lies between the Schertz State Bank Building and the old
Schertz Mercantile Company Building and which such strip extends
from its intersection with Main Street to its intersection with
Exchange Avenue, is hereby declared abandoned, closed and no longer
a public street or ~lley if indeed same has ever been such a street
or alley.
The strip of land above described extends over and across that
certa1n tract of land descr1bed in deed to Mrs. C. W. Koch, recorded
in Vol. 236, page 311 of the ~ed Records of Guadalupe County, Texas,
and that certain tract of land described in deed to Schertz State
Bank recorded in Vol. 52, page 528 of the Deed Records of Guadalupe
County, Texas, and that certain tract of land described in deed to
H. P. Thulemeyer, recorded in Vol. 175, page 113 of the Deed Records
of Guadalupe Coun ty,( Texas.
PASSED AND APPROVED, this the 5th day of December 1960.
Roy VI. Richard
Mayor
Attest:
Ralph R. Ikels
Secy. -Treas.
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On a motion made by W. E. Ebert, seconded by Elgin Beck, that 0
the following&bills be paid: S.A.M.S.C.O. - $244.92; Seguin __
Enterprise - w44.34. Motion was unanimously approved.
On a motion made by Geo. P. Bolton, seconded by W. A. Schertz,
that the next council meeting be held on January 9, 1961. Motion
was unanimously approved.
On a motion made by W. E. Ebert, seconded by Geo. P. Bolton,
that the meeting adjourn. Motion was ~nanimously approved.
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Regular meeting of the City Council of Schertz, Texas was
held January 9, 1961.
The meeting was called to order by Mayor Roy W. Richard.
The following Aldermen were present: Elgin Beck, Geo. P.
Bolton, A. O. Haverlab, W. E. Ebert, and W. A. Schertz.
C1ty Attorney Louis Saegert and City Policeman Hugo W.
Ackermann were also present.
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The minutes of the last regular meet1ng were read and on a
motion by W. A. SChertz, seconded by W. E. Ebert, the minutes were
unanimously approved.
Mr. Stubbs of G.V.E.C. presented a copy of an electrical
ordinance and 1t was turned over to City Attorney for formal
writing of the Ordinance.
On a motion by W. A. Schertz, seconded by W. E. Ebert, that
Herb Flowers be removed from the list of Special Deputies. Motion
was unanimously approved.
On a motion by A. O. Haverlah, seconded by Elgin Beck, that
Hugo Reicherzer be appointed as Assistant Fire Marshal. Motion was
unan1mously approved.
On a mot10n by W. A. Schertz, seconded by Geo. p. Bolton, that
Tom Stewart be appointed as an alternate on the Audi t1ng Committee.
Motion was unanimously approved.
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On a motion by W. E. Ebert, seconded by W. A. Schertz, that
an Ordinance be passed calling for a City Officer's Election.
Motion was unanimously approved.
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ORDINANCE NO. 40.
ORDER FOR CITY OFFICER'S ELECTION
BE I T ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
That an election be held in said City on the 4th day of April,
1961, for the purpose of electing the following officials for
s aid city:
City Marshal, unexpired term of Hugo Ackermann
Three (3) Councilmen, regular term
Such officers- to be elected by the qualified voters of said
City for the term of two (2) years, except that the term of the
Marshal elected to fill the unexpired term of Hugo Ackermann,
Marshal shall be for one (1) year. The three vacancies in the
office of councilman, regular term, to be filled by the three persons
receiving the h1ghest number of votes at such election, and each
qualified voter voting for three candidates at such election.
Said election shall be held in the City Hall of said City, and
the following named persons are hereby appointed officers for such
election:
Leonard J. Kazben Presiding Judge
William Terry Assistant Judge
Paul L. Curley Assistant Judge
Mrs. John Szperkowski Assistant Judge
Said election shall be held in accordance with the Election
Code of this state, and only resident qualified voters of said City
shall be elig1ble to vote at said election.
The Mayor shall give notice of said election by posting a copy
of this order at the elect10n 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
the same shall made returns of the result thereof to the City Council
as requ1red by the Election Code of this state.
A copy of this order shall also serve as a writ of election
which shall be delivered to the above appointed presid1ng Judge for
said election.
PASSED AND APPROVED, this the 9th day of January, 1961.
Roy W. Richard
Mayo r
Attest:
Ralph R. Ikels
Secy. -Treas.
On a motion by W. A. Schertz, seconded by Geo. P. Bolton, that
the following bills be paid: Lone Star Garage - $5.50; Sargent Sowell -
$24.07; South Texas Printing - $99.05; SAMSCO - $81.60. Motion was
unanimously approved.
On a motion by Geo. p. Bolton, seconded by Elgin Beck, that the
following salaries be pa1d:
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Mayor's Salary - April thru Dec.
Aldermen's Salary - April thru Dec.
Sec'y.-Treas. Salary - Sept. thru Dec.
Motion was unanimously approved.
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22.50
,20.00
On a motion by W. E. Ebert, seconded by Geo. P. Bolton, that
the Schertz Volunteer Fire Depmrtment be allowed $1,000.00 for
operating expenses for the year 1961. Motion was unanimously
approved.
On a motion by W. E. Ebert, seconded by W. A. SChertz, that
the meet1ng be adjourne~ Motion was unanimously approved.
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r- Called meeting of the City Council of Schertz, Texas was held
I: January 23, 1961.
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The meeting was called to order by Mayor Roy W. Richard.
The followin6 Aldermen were present: Geo. P. Bolton, A. O.
Haverlah, W. E. Ebert and W. A. Schertz.
Ci ty Policeman Hugo W. Ackermann was also present.
Minutes of the last regular meeting were read and on a motion
by Geo. P. Bolton, seconded by W. E. Ebert, the minutes were
unanimously approved.
On a motion by A. O. Haverlah, seconded by W. A. Schertz, that
an ordinance be adopted setting the tax rate for the City of Schertz
for the year 1961. Motion was unanimously approved.
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ORDINANCE NO. 41
BE IT ORDAINED BY rrHE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
1. There shall be levied and collected for the current year of
1961, the following taxes upon all property, both real and personal,
within the corporate limits of the City of Schertz, to be used for the
purpose of maintaining the City, its gpvernment, streets, alleys and
parks, and for the purpose of paying interest and sinking funds upon
its indebtedness as provided by law; that there shall be levied and
collected a tax upon all personal and real property the sum of 1% of
each dollar upon all taxable property.
2. The laws of this State require that a Tax Ordinance shall be
adopted at the first regular meeting of the City Council of the City
of Schertz in January of each year, for the purpose of assessing the
necessary tax for the purpose of maintaining the City government and
it is so ordained.
PASSED AND APPROVED THIS THE 23rd day of January 1961.
Roy W. Richard
Mayor
Attest:
Ralph R. Ikel s
See' y. -Treas.
On a motion by W. A. Schertz, seconded by W. E. Ebert, that the ~/,o() g\
office of Ci ty Policeman created by Ordinance No. 33 be extended from ~_
January 1, 1961 to Apr11 10, 1961. Motion was unanimously approved. !o~
On a mot10n by Geo. P. Bolton, seconded by A. O. Haverlah, that 61,001
an ordinance re-establishing the of f1ce of Ci ty Marshal and abolishing ~
the office of C1ty Policeman effective April 10, 1961 be passed. I~~
Mot ion was un an imously approved. ..j{ t/ ~
ORDIN ANCE NO. 42
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
WHEREAS, heretofore by Ord1nance of date, G+\1 dct.~ 0+ June
11<D~ ' the office of Marshal of the City of Schertz, Texas was
abo is ed and all of his powers, r1ghts ,and authority vested 1n a city
policeman as specified 1n such ordinance, and whereas the City Council
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of the City of Schertz, Texas wishes to reestablish such orfice of
Marshal and abolish such office of Marshal and abolish the office
of City Policeman:
Now therefore, it is herewith ordained by the City Council of
Schertz, Texas, that the office of C1ty Policeman is herewith
abolished as of April 10, 1961, and the office of Marshal of the City
of Schertz, Texas, is hereby reestablished as an office of the City
of Schertz, Texas, and said office 1s further found to be vacant and
that a Marshal shall be elected to fill such vacancy as provided in
ordinEll ce of the Ci ty of Schertz, Texas, passed and approved the 239:9
day of January, 1961.
PASSED AND APPROVED THIS THE . '2o~ DAY OF JANUARY, 1961.
Roy W. Richard
Mayor
Attest:
Ralph R. Ikels
See' y. -Treas.
On a motion ~ w. A. SChertz, seconded by W. E. Ebert, the City
Secretary-Treasurer is allowed an expense allowance of $25.00 per
month. Motion was unanimously approved.
On a motion by Geo. P. Bolton, seconded by W. A. Schertz, a
notice of hearing date on the Budget will be published and that the
hearing on the Budget shall be held on February 20, 1961. Motion
was unanimously approved.
On a motion by W. A. Schertz, seconded by W. E. Ebert, the
following bills shall be paid: SAMSCO - $143.1S; SAMSCO - $80.55;
H. P. Thulemeyer - $161.S5; T.M.L. Dues - $56.00.
On a motion by W. E. Ebert, seconded by A. O. Haverlah, that
the meeting be adjourned.
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Regular meeting of the City Council o~ Schertz, Texas was held
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February 6, 1961.
The meeting was called to order by Mayor Roy W. Richard.
The following Aldermen were present: Elgin Beck, Geo. P. Bolton,
A. o. Haverlah, W. E.-" Ebert and W. A. Schertz.
Ci ty Policeman Hugo W. Ackermann and Ci ty Attorney Louis
Saegert were also present.
The minut~s of the last special meeting were read, and on a
motion by Geo. P. Bolton, seconded by W. A. Schertz, the minutes
were unanimously approved.
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On a motion by Geo. P. Bolton, seconded by W. E. Ebert, that "~
Irving Seligman, Registered Professional Engineer, will be retained ,01
by the City to make an appraisal of the Schertz Water Works. Motion 131
was approved with 4 votes for and W. A. Schertz abstained from voting.
On a motion by W. A. Schertz, seconded by Geo. P. Bolton, that ?/JDI3
an Electrical Ordinance will be adopted. Motion was unanimously J~p
approved. :tf 13
ORDINANCE NO. 43
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERI'Z, TEXAS:
An Ordinance to safeguard persons against injury, and property
against hazards, arising from the improper and unsafe installation
of electric wiring and its associated materials, d~vices and equipment,
used for supplying light, heat, power, and any other uses.
I. Tl tle
a. This Ordinance shall be known as the "Electrical Code of the
City of Schertz, Texas (hereinafter called the "Citytt).
2. Minimum Standard for Wiring
a. All wiring covered by this Ordinance within the City shall
at least meet the minimum standards of the 1959 edition of
the NATIONAL ELECTRICAL CODE (hereinafter called the "COde"),
a Standard approved by the American Standards Association
and published by the National Board of Fire Underwriters, or
any subsequent revision thereof, when it shall become
effective. A copy of the 1959 Code and subsequent revisions
shall be kept on file by the City Secretary for reference
by interested parties.
b. Each new edition of the Code (or any interiM Supplement
thereof) shall become effective immediately upon publication,
but any new provisions not part of previous editions, shall
not become manda.tory until six (6) months after publication.
c. Each building service shall have as an integral part of the
entrance equipment, a main disconnecting means located at a
readily accessible point immediately adjacent to the meter
outside of the building, convenient to a person standing on
the ground. The disconnecting means shall comply w1th the
requirements of Article 230, Sections 70 through 76 of the
Code, except that paragraph 230-70(g) is hereby deleted,
since it is in conflict with this section of the Ordinance.
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d. In addition to the m1nimum standards of the Code, such
additional standards as the Guadalupe Valley Electric 'n
Cooperative, Inc., may estab11sh for its members and l
consumers, are hereb~ adopted as mandatory standards -
within the City. They shall become effective upon copies
of such standards being filed by the Cooperative with the
Ci ty Secretary.
3. Acceptable Materials
a. Materials, devices, and equipment installed as part of any
w1r1ng system installed within, or on any building, structure
or premises, publicly or privately owned, shall conform to
recognized standards of quality and safety. Presence on any
such materials of a label issued by the Underwr1ters Labor-
ator1es, Inc., of Chicago, Ill., indicating its acceptance
of same, shall be considered prima facia evidence of the
acceptabi11ty of such materials, dev1ces and equipment for
use in this City. Any material not so labeled can be used
only after ev1dence satisfactory to the C1ty Electrical
Inspector has been furnished, which will enable him to
classify it as acceptable for use in the City.
4. Licensing of Electric1ans
a. Except as otherwise provided herein, no person, f1rm or
corporation shall 1nstall, repair or remove elec~ric wiring Cas
defined 1n Sect10n 3-a above) unless l1censed by the City to
perform such work, or unless d1rectly supervised by a
qua11fied Electrician duly licensed by the City. 0
b. Written applicat10ns for licenses shall be f1~ed with the
City Secretary. The applicat10n shall show the name and
address of the applicant; shall describe h1s prev10us
experience in electrical work; shall state how he intends
to operate as a licensee, that 1s, as an indiv1dual, as a
contractor employing other licensed electricians, Qr as an
employee of a contractor. All applicat10ns shall be referred
by the City Secretary to the City Council at its next regular
or called session.
c. Following are the pre-requ1si te qualifications before an
application for a license will be considered by the City
Council:
(1) Applicant must be of a good moral character.
(2) App11cant must have had not less than four (4) years of
pract1cal experience as an apprentice or helper, or as
an electr1cian (whether previously licensed or not), or
as an electrical contractor. There must be ev1dence
furnished that during the four (4) years he has advanced
sufficiently to be classified as a competent electrician.
(3) In addition to the above, the applicant shall have, or
the firm or organization by whom he is employed, shall
have qualified and be approved by the Guadaluie Valley
Electr1c Cooperat1ve, Inc. as an established Wil11e
Wiredhand Electr1cal Contractor" in good standing.
d. Any person hold1ng a license under this ordinance, who 0
changes his status as a 11censee, shall report same in
wr1ting to the City Secretary. (If licensed as an
Electrician employed by an Electrical Contractor, and he
desires to become an independent Electrical Contraotor, he
should f1le notice of such or any other similar change of
status, with the City Secretary.)
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5.
e. The Ci~ Council, upon due consideration of the qualifica-
tions of each app11cant, may approve or disapprove such
application fo r lic ense.
f. Upon approval by the City Council, the City Secretary is
authorized to issue a license only after each such approved
applicant has paid the required l1cense fee and furnished
the required bond.
b.- An 1nitial license fee of $20.00 shall be paid to the City
Secretary. Each year thereafter on or before the 10th day
of January each licensee shall pay to the City Secretary an
annual license fee in an amount of $5.00. Failure to pay the
license fee on or before due date shall automatically suspend
the license. Payment of the annual license fee, plus a 10%
penalty, shall remove such suspension.
h. An applic ant for a license approved by the Ci ty Council shall
submit to the City Secretary a corporate surety bond, acceptable
to the City Attorney, in the principal amount of $1,000.00.
Said bond shall indemnify the Ci ty or any person, firm, 'or
corporation within the City, for damages caused by the
licensee (his agents or employees) in connection with the
exercise of privileges extended to the licensee by reason of
having been lic ensed by the Ci ty. The surety bond shall run
for a term concurrent with the annual license period, and
evidence of the renewal of the bond, satisfactory to the C1ty
Attorney, shall be submitted each year when the annual
license fee is paid.
i. A duly qualified and licensed Electrician is hereinafter
referred to as an "Electrician".
Permits for Wirin~
a. Except as ot erwise specifically provided in th1s Ordinance, it
shall be unlawful for any pe rson to install, or cau-se to be
installed, or to permit any person to install, any electr1cal
wiring system (or part of such system) as defined in Section
3-a above, or to make alteration, addition, change or major
repairs to same, without first having procured a permit there-
for, issued by the City Secretary.
b. No permit shall be required, however, for:
(1) Maintenance work, such as replacement of lamps, sockets,
fuses, drop cords, snap switches, or other 8imilar
minor repairs.
(2) The connection of portable electrical equipment (in-
cluding room air conditioners, ranges, etc.) to suitable
permanently installed receptacles.
(3) The replacement of a motor by another motor of the same
horsepower and rating, and installation of pressure and
other similar controls, when the electrical supply for
same has been properly 1nstalled by an Electrician.
c. It is the policy of the City to up-grade electric wiring so
as to eliminate as rapidly as possible hazards which have
developed in many installations in the City, due to the lack
of, a means of controlling electrical work prior to incorpora-
tion of the City. Therefore, it is the policy of the City
that whenever an Electrician shall apply for a permit to make
an addition to an existing wiring installation, he shall
certify that he has examined all of the wiring on the premises
and has included as part of the job for which the permit is
88
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6.
requested, the elimination of all hazardous conditions
in the exis ting wi ring.
d. Except as otherwise provided in th1s Ordinance, no permit
shell be issued to anyone who is not licensed to perform
electr1cal work by the City.
e. A person performing electrical work with his own hands in a
dwelling (or on premises) owned by him and registered on the
tax rolls of the State of Texas as his homestead, may be
issued a permit to do electrical work on his homestead, upon
payment of the required inspection fee. His work shall in
all respects be in accordance with the minimum standards
established by this Ordinance, and shall be subject to
1nspect1on by the authorized electrical inspector. Failure
or refusal on the part of such owner to remedy the.
deficiencies found by such electrical inspector, within 10
days, shall constitute a violation of this Ordinance.
Inspection Procedures
a. The City Council shall app01nt a qualified person to serve as
its electrical inspector. He shall serve at the pleasure of
the City Council and be compensated in such manner as is
agreed upon between him and the City Council.
b. It shall be the duty of the City's electrical inspector to
make inspections of wiring within the City, except for those
installations covered by paragraph "i" of this section.
c. Upon completion of a wiring job, the permit holder shall
request an inspection.
d. No electrical work covered by a permit shall be energ1zed
without the permission of the electrical inspector, except
as provided in paragraph Be" of this section.
e. If for any reason the electrical inspector is unable to make
the inspect10n within 48 hours after be1ng requested to do so,
the wiring may be energized without awaiting permission from
the electrical inspector. However, the wiring shall still be
subject to an inspection and correction of deficiencies as
provided in this Ordinance.
f. A report in writing of each inspection shall be made by the
C1ty's electrical inspector. One copy shall be filed with
the City Secretary, where it shall be a public record. A
duplicate copy of the 1nspection report shall be supplied by
the inspector to the Electr1cian. A suitable tag shall be
installed by the inspector at an appropriate place showing
whether the job is approved or disapproved. Both copies of the
inspect10n report shall itemize any deficiencies found by
the inspector.
g. Any deficiencies shown in an inspection report shall be
corrected within 10 days, and a re-inspection shall be
requested as soon as they are corrected.
h. Fa1lure of the permit holder to make the required corrections
within 10 days, shall constitute a violation of this Ordinance.
1. The Guadalu~e Valley Electric Cooperative, Inc. (hereinafter 0
called the Cooperative"), is hereby authorized to continue
mak1ng inspections of electric wiring within the City, in
accordance with its established policies governing
1nspections and re-1nspections, which are in effect elsewhere
on its electrical distribut10n system. The class of
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inspections hereby reserved to be made by the Cooperative
shall include new wiring in new dwellings or buildings, or
any other wiring installation which requires a new metering
location. One copy of each electric wiring inspection report
made by the Cooperative's inspector shall be filed with the
C1 ty Secretary and shall be a publ ic record.
j. The Cooperative's inspector shall have the same powers with
respect to enforcement of this Ordinance as those assigned
by this Ordinance to the City's Electrical Inspector.
k. The Cooperative is authorized to continue in the future, as
it has in the past, to levy and collect inspection fees for
new wiring installations, and to make such disposition of
same as its policies, rules and regplations require.
1. The division of the inspection responsibility between the
City's inspector and the Cooperative's inspector, is intended
to result in no duplication of inspections. It is the duty
of the Cooperative's inspector to make only such inspections
as are not assumed by the City.
7. Inspection Fees
a. At the time any permit is issued for a job which will be
inspected by the City's Electrical Inspector, the City Secretary
shall first be paid an -inspection fee, according to the
following schedule:
(1) For changes in wiring' resulting in the addition of not
more than one outlet, an amount of $2.50.
(2) For changes in wiring in excess of the above item, an
amount of $5.50.
b. \Vhen a re-inspection is required by the City's electrical
inspector, the Electrician holdin~ the permit for the job
shall pay a re-inspection fee of $2.00 to the City Secretary
at the time he requests that the re-inspection be made. A
like re-inspection fee shall be paid for each re-inspection
required on the same job.
8. Pen al ties
a. Any person, firm, or corporation, violating this Ordinance
shall be guilty of a misdemeanor, and upon conviction shall
be fined a sum of not more than One Hundred Dollars ($100.00).
Each and every day or fraction of a day during which this
Ordinance is violated shall be considered a separate offense
and punishable as 3.lch.
b. If an Electrician violates this-Ordinance, he may be
prosecuted under the above paragraph, or as an alternate to
such procedure, he may be requested in writing by the
Electrical Inspector to appear for a hearing before the City
Council on a specified date. After hearing the compla1nts
of the Electrical Inspector against the Electrician and
answers of the accused, the City Council may after due
deliberation:
(1) Find the complaint to be unjustified and exhonorate
the accused, or
(2) Sustain the complaint, and then either cancel the license
of the Electrician or suspend his license for a period
of not more than 60 days; or
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(3) Place the Electrician on probation for a period of not n
more than 60 days, during which time he shall be requiredl
to correct his previous defic1encies, or forfe1t his ~~
license.
c. If an Electrician is found guilty under Section 8-a of this
Ordinance, in a Court of competent jurisdiction, and a final
uncontested judgment of being gu1lty is entered against him,
he shall thereby forfeit his right to the license previously
1ssued to h1m, and shall surrender it to the City Secretary.
Failure or refusal to do so shall constitute a new ~d
separate violation of this Ordinance.
d. The C1ty Council, may after due deliberation, restore the
license of any person whose license has been revoked or
suspended by reason of this ordinance, not less than 10 days
after such revocation or suspension, if, in their judgment
the Electrician will be willing in the future to abide by
the Ordinance.
Each Section Separately Enacted
a. Each section end sub-section of this Ord1nance has been
separately considered and passed by the City Council, and
if any proviSion, section or sub-section paragraph, clause,
phrase or sentence hereof shall be ruled or held ineffective
1nvalid or unconstitutional for any reason bya Court or
competent jurisdiction, it shall not impa1r nor affect the
rem~ining portions hereof.
Repeal of Conflicting Ordinances 0
a. All Ord1nances or parts of Ordinances in conflict herewith
are hereby repealed.
This ordinance shall become effective upon passage, approval
and publication as required by law.
PASSED AND APPROVED THIS THE 6th DAY OF FEBRUARY, 1961.
10.
ll.
Attest:
RalphR. Ikels
See I y. -Treas.
Roy W. Richard
Mayor
On a motion by W. E. Ebert, seconded by Elgin Beck, that an
ord1nance placing traffic control signs and the appointment of a Traffic
Control Officer be adopted. Motion was unanimously approved.
ORDINANCE NO. 44
BE IT ORDAINED BY THE CITY COUNCIL OF 'lHE CITY OF SCHERTZ, TEXAS:
1. That the City Marshal of the City of Schertz, Texas, and in
the event that such office is vacant the senior policeman of the City
of Schertz, Texas, duly appointed as required by law, shall serve and
is herewith designated City Traffic Control Officer of the City of
Schertz, Texas.
2. The C1ty Traffic Control Officer is authorized to place
markers, buttons, or signs within or adjacent to intersect10ns 01
indicating the course to be traveled by vehicles turning at such I
intersections, and such course to be traveled as so indicated may
conform to or be 0 the r than as prescr1bed by law or ordinance.
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3. When authorized markers, buttons, or other indications are
placed within an intersection indicated the course to be traveled by
vehicles turning there at, no driver or a vehicle shall disobey the
d1rections of such indications.
4. The Ci ty Traffic Control Officer is hereby authorized to
determine those 1ntersections at which drivers of vehicles shall not
make a right, left or U turn, and shall place proper signs at such
intersectione. The making of such turns may be prohibited between
certain hours of an y day and III rmi tted at other hours, in which event
the same shall be plainly indicated on the signs or they may be
removed when such turns are permitted.
5. Whenever author1zed signs are permitted indicating that no
right or left or U turn is permitted, no driver of a vehicle shall
disobey the directions of any such sign.
6. Whenever any ordinance of this City designates anyone way
street or alley the City Traffic Control Officer shall place and ma1n-
tain signs gi v1ng no tice thereof, 8.nd no such regulation shall be
effective unless such signs are in place. Signs indicating the
direction of lawful traffic movement shall be placed at every
intersection where movement of traffic in the opposite direction is
prohibi te.d.
7. Whenever any ordinance of this city designates and describes
a through street, it shall be the du ty of the Ci ty Traffi c Con trol
Officer to place and maintain a stop sign on each and every street
intersecting such through street or intersecting that portion thereof
described and designates such by any ordinance of this City.
8. The City Traffic Control Officer is hereb~ authorized to
determine and designate intersections where particular hazards exists
upon other than through streets and to determine whether vehicles
shall stop or yield the right of way at one or more en trances to any
such stop or yield rl ght of way intersection and shall erect a stop
or yield right of way sign at every such place where a stop or yield
right of way is required.
9. Every sign erected pursuant to this article shall bear the
word ltS'IDP" or "YIELD RIGHT OF WAY" as appropriate in letters not less
than six (6) inches in height.
10. Every stop or yield rlght of way sign shall be located as
near as practicable at the nearest line of the cross walk on the near
side of the intersection, or, if none, at the nearest line of the
ro adway.
11. When stop signs are erected as herein provided at or near
the entrance to any intersection, every driver of a vehicle shall stop
their vehicle at such sign or 'at a clearly marked stop line before
entering the 1ntersection, except when directed to proceed by a
police off~cer or traffic control signal.
12. After the driver of a vehicle has stopped at the entrance
to a through highway, such driver shall yield the right of way to
other vehicles which have entered the 1ntersection from said through
highway or which are approaching so closely on said through highway
as to constitute an immediate hazard, but said driver having so
yielded may proceed end.the drivers of all other vehicles approaching
the intersection on said through highway shall yield the right of way
to the vehicle so proceeding into or across the through highway.
13. After the driver of a veh1cle has stopped in obedience to
a stop sign at an intersection where a stop sign is erected at one
or more entrances thereto although not a part of through highway, such
90
driver shall proceed cautiously, yielding to vehicles not so
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obligated to stop which are within the 1ntersection or approaching ~'
so closely as to constitute an immediate hazard, but may then proceed. LJ
14. When yield right of way signs are erected as herein
prov1ded at or near the entrance to any intersection, every driver
of a vehicle, when approaching such entrance to such intersection
shall yield the right of way to vehicle not so ob11gated to y1eld such
right of way which are within such intersection or approaching so
closely as to constitute an immediate hazard but may then proceed.
When directed to proceed by a police officer or traffic control
signal, such vehicle approaching such intersection marked by such sign
shall proceed in accordance with the directions of such officer or
traffic control signal.
15. It shall be unlawful for any person, persons, firm or
corporation to place or cause to be placed, paint, or cause to be
pa1nted upon any sidewalk or street within the corporate limits of the
City of Schertz, Texas, any sign, notice, pole or post, or any other
obstruction, and any person found guilty of any such unlawful act as
herein above described shall be deemed guilty of a misdemeanor.
16. That it shall be the duty of the City Marshal or any City
Policeman to remove any signs, placard, obstruction, pole, post,
notice bulletin board located within or upon any street in the City of
Schertz, Texas, unless such pole, post, or obstruction shall have been
authorized by law or ordinance of this city.
17. That it shall be unlawful for any person, f1rm or corporation
to remove, alter, destroy, mar or impair any sign f9r the control of 0
traffic placed on any street or sidewalk of the City of Schertz,
Texas in accordance with ordinance of this councilor by the City
Traff1c Control Officer and B'l y person, firm or corporation found
guilty of any such unlawful act shall be deemed guilty of a misdemeanor.
18. Any person violating any provision of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction shall be fined
in any sum not exceeding Two Hundred and No/IOO ($200.00) Dollars.
This ordinance shall take effect after its passage and adoption
by the City Council and its approval by the Mayor of the City of
Scm rtz, Texas, and 1 ts public ation as required by law.
PASSED AND APPROVED this tre 6th day of February, 1961.
Roy W. Richard
Mayo r
Attest:
Ralph R. Ikels
See' y. -Treas.
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On a motion by W. A. Schertz, seconded by Elgin Beck, that an
ordinance abolishing the Office of City Policeman be abolished
effective April 10, 1961 be adopted. Motion was unanimously approved.
ORDINANCE NO. 45
BE IT ORDAINED BY THE CI TY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
That the office of City Policeman of the City of Schertz, Texas,
is and shall hereby be abolished as of the 10th day of April, 1961 or
as soon thereafter as the City Marshal of the City of Schertz, Texas
shall qualify for such office.
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PASSED AND APPROVED THIS 'rIlE 6th day of February, 1961.
Roy W. Richard
Mayor
Attest:
Ralph R. Ikels
Sec I y. -Treas.
On a motion by Geo. P. Bolton, seconded by Elgin Beck, that an
ordinance declaring William street as a one way street be adopted.
Motion was unanimously adopted.
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o RDIN ANCE NO. 46
BE IT ORDAINED ?)':l TIlE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
That William Street is hereby declared to be a one way street
from its intersection with Curtis Avenue to its intersection with
Wright Avenue. Vehicles entering Wil11am Street between such inter-
sections shall proceed from southeast to northwest or from William
Streets intersection with Curtis Avenue to its intersection wi th
Wright Avenue and in no other direction.
It shall be the duty of the City Traffic Control Officer to
place and maintain one way signs along William street visible to
vehicles approaching from all streets intersecting William Street
indicating clearly in letters visible to such approaching vehicles,
as prescribed by ordinance for stop and yield right of way signs,
that such street is a one way street with a legend thereon indicating
!. the direction of travel along William Street.
Any person violating this ordinance or any provisions thereof
shall be deemed guilty of a misdemeanor and upon conviction shall be
fined inarlY sum not exceeding Two Hundred and No/IOO (~;200.00) Dollars.
PASSED AND APPROVED THIS THE 6th day of February, 1961.
Attest:
Ralph R. Ikels
Sec'y.-Treas.
On a motion by Geo. P. Bol ton, seconded by Elgi"n Beck, that all t.. J, 0/1
City Officials, except the Mayor, Aldermen and City Attorney, will be 164]
paid their regular salary and expenses on a monthlJT basis. Motion
was unanimously approved.
Roy W. Richard
Mayor
On a motion by Elgin Beck, seconded by W. E. Ebert, th~t the
following bills be paid: Lone Star Concrete - $31.50; South Texas
Printing - $76.45; Alamo Iron Works - $702.79; SAMSCO - $71.59. Motion
was unanimously approved.
On a motion by W. E. Ebert, seconded by W. A. Schertz, that the
meeting be adjourned. Motion was unanimously approved.
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Called Meeting of the City Council of Schertz, Texas was
held on February 20, 1961.
The meeting was called to order by Mayor Roy W. Richard.
The following Aldermen were present: Elgin Beck, Geo. P.
Bolton, and W. A. Schertz.
C1ty Policeman Hugo W. Ackermann and Corporation Court Recorder
Geo. W. Pickrell were also present.
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The minutes of the last regular meeting were read, and on a
motion by Geo. P. Bolton, seconded by Elgin Beck, the minutes were
unanimously approved.
On a motion by Walter A. Schertz, seconded by Geo. P. Bolton,
the Budget for 1961 was approved. Mot10n was unanimously approved.
On a motion by Elgin Beck, seconded by Geo. P. Bolton, an
Ordinance changing the date of the regular council meeting to the
first Thursday' of each month was adopted. Motion was unanimously
approved.
. ORDINANCE NO. 47
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
~: 0
That whereas, heretofore, it has been ordained by the City
Council of the City of Schertz, Texas, that the regular meetings
of said council shall be held on the 1st Monday of each month, at
8 o'clock P.M. in the City Hall at Schertz, Texas, and whereas, it
is no longer convenient, expedient or desirable to hold such meetings
at such time; Now th erefore, be 1t ordained by the C1 ty Council of
Schertz, Texas.. that:
The regular meet1ngs of the Ci ty Council of the Ci ty of Schertz, ,
Texas, shall be held on the f1rst Thursday of each and every month
hereafter, commencing in the month of March, 1961, at 8 o'clock P.M.
in the City Hall in Schertz, Texas.
Passed and approved this the 20th day of February, 1961.
Roy W. Richard
Miiyor
Attest:
Ralph R. Ikels
Secretary
On a motion by Geo. P. Bolton, seconded by Elgin Beck, the
Financial and Operational Statement for 1960 will be published.
Mot10n was unanimously approved.
On a motion by Geo. P. Bolton, seconded by Elg1n Beck, the
following b1lls will be paid: Southwestern Bell Telephone Co. - 0
$5.25; SAMSCO - $19.50; Lone Star Garage - $260.85. Motion was
unanimously approved.
On a motion by Geo. P. Bolton, seconded by Elgin Beck, Jimmy
Stewart will be removed from the 11st of Spec1al Deput1es. Mot10n
was unanimously approved.
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r-! On a motion by Geo. P. Bolton, seconded by Elgin Beck, that ~/.o)~
t . i Mrs. Bernice Ikels be appointed as Assistant Ci ty Secretary. Motion /~f
was unanimously approved.
Motion by Geo. P. Bolton, seconded by W. A. Schertz, that the
meeting adjourn. Motion was unanimously approved.
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Regular Meeting of the City Council of Schertz, Texas was held
March 2, 1961.
The meeting was called to order by Mayor Roy W. Richard.
The following Aldermen were present: Elgin Beck, Geo. P. Bolton,
A. O. Haverlah, W. E. Ebert ED d W. A. Schertz.
City Policeman Hugo W. ACkermann, Fire Chief Arch1e Woodward,
Corp. Court Recorder Geo. W. Pickrell, and Fire Marshal Fritz Rusch
were also present.
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The minutes of the last called meeting were read, and on a motion
by W. A. Schertz, seconded by Elgin Beck, the minutes were unanimously
approved.
On a motion by W. A. Schertz, seconded by W. E. Ebert, that a ,
Civil Defense Ordinance be adopted. Motion was unanimously approved.
ORDINANCE NO. 48
AN ORDINANCE CREATING A MUNICIPAL DEFENSE AND DISASTER RELIEF
COMMITTEE AND PROVIDING THE POWERS OF THAT COMMITTEE: CREATING THE
OFFICE OF MUNICIPAL DEFENSE COORDINATOR AND PROVIDING THE DUTIES AND
RESPONSIBILITIES OF THAT OFFICE: CREATING AN OPERATIONAL ORGANIZATION:
GRANTING NECESSARY POWERS 'ro COPE \"lITH' EMERGENCIES THREATENING LIFE 0
AND PROPER TY IN THE CI TY OF SClER'l'Z: AUTHORIZING~COPPERATIVE AND MUTUAL
AID AGREEMENTS FUR RELJEF WORK BETWEm THIS AND OTHER CITIES OR
COUNTIES: AND FOR RELATED PURPOSES: PROHIBITING UNAUTHORIZED LIGHTS r-
AND WARNING AND ALL-CLEAR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR
PUNISHABLE BY FINE NOT EXCEEDING $200.00.
BE IT ORDAINED BY THE CI TY COUNCIL OF TEE CITY OF SCHERTZ, TEXAS:
Section 1. There is hereby created the Municipal Civil Defense
and Disaster Relief Committee of the Cit,y of Schertz, Texas, which
shall consist of the following:
(a) The Mayor of the C1ty of Schertz, Texas who shall serve
as Chairman of the Committee, and who shall also be known as
MuniCipal Defense Coordinator of the City of Schertz, Texas.
(b) The Assistant Defense Coordinator of the City of Schertz,
who shall be charged with the preparation of a civil defense plan
for the City of Scat rtz, together with such other duties as the
Coordinator may prescribe. The Assistant Coordinator shall be
appointed by and hold his position at the pleasure of the Municipal
Defense Coordinator. The Assistant Coordinator shall serve as
Vice-Chairman of the Municipal Civil Defense and. Disaster Relief
Committee of the City of Schertz.
(c) The directors of Divisions and Ch1e~s of Services of
such Divisions as may be provided for by resolution by the C1ty
Councilor by directive of the Municipal Defense Coordinator.
Cd) Representatives not to exceed 5 in number from c1vic,
business, industry, labor, veterans,. prOfeSSional, or other 0
groups, to be selected and appointed by the Mayor.
Sect10n 2. The powers and duties of the Municipal Civil Defense
and Disaster Relief Committee shall include the recommendation for
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adoption by the C1~ Council of a civ1l defense plan for the City of
Schertz, and the recommendation for adoption by the Ci ty Council of
any and all mutual aid plans and agreements which are deemed essential
for the implementation of such civil defense plan. The dut1es of such
Civil Defense and Disaster Relief COmmittee shall also include the
making of a survey of the availability of existing personnel, equipment,
supplies and services wpich could be used during an emergency, as
provided for herein, as well as a continuing study of the need for
amendments and improvements in the civil defense plan adopted by the
City Council. The Civil Defense and Disaster Relief Committee of the
City of Schertz, shall meet upon the call of either the Chairman or
Vie e-Chairman.
Section 3. The Mayor of the City of Schertz is hereby authorized
to join w1th the County Judge of the County of Guadalupe, and the
Mayors of the other cities in said county in the formation of a Civil
Defense and Disaster Relief Council for the County of Guadalupe and
shall have the authority to cooperate in the formation of a civil
defense plan for the County of Guadalupe and in the appointment of a
Civil Defense Director for the County of Guadalupe, as well as all
other powers necessary to participate in a county~wide program of
civil defense and disaster relief 1nsofar as said program may affect
the City of Schertz.
. Section 4. The office of Municipal Defense Coordinator is hereby
created. The Municipal Defense Coordinator shall have the authority
to request the declaration of the existence of en emergency by the
Ci ty Councilor by higher authori ty. In the event it .is deemed
necessary to declare the existence of an emergency without delay, the
Coordinator may, if the City Council is not in session, do so, but
such action shall be subject to confirmation by the City Counc1l at
its next meeting.
The duties and responsibilities of the Municipal Defense Coordinator
shall include the following: .
(1) The control and direction of the actual operation or training
efforts of the civil defense and disaster re11ef organizat10n of the
C1 ty of Schertz.
(2) The determ1nation of all questions of authority and responsi-
bility that may arise within the civil defense and disaster relief
organization of the City of Schertz.
(3) The maintenance of necessary 11aison with other municipal,
district, State, County, regional, federal, or other c1vil defense
organ izations;
(4) The marShaling, after declaration of an emergency as provided
for above, of all necessary personnel, equipment or supplies from any
depertment of the City of Schertz to aid in the carrying out of the
civil defense plan;
(5) The issuance of all necessary proclamations as to the
existence of an emergency and the immediate operational effectiveness
of the civil defense plan;
(6) The issuance of reasonable rules, regulations or directives
which are necessary for the protection of life and property in the City
of Schertz, such rules and regulations shall be filed in the office of
the City Clerk and shall receive widespread publicity unless publicity
will be of aid and comfort to the enemy;
(7) The superviSion of the drafting and execution of mutual aid
agreements, in cooperation with the representatives of the State and
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of other local political subdivisions of the State, and the drafting 0
and execut10n, if deemed desirable, o:f an agreements with the county
ln wh1ch sald city is located and with other municipallties within
the county, for the county-wide coordination of efforts in de:fense
and disaster relief,
(8) TPe supervision of and final authorization for the procure-
ment of all necessary supplies and equ1pment, 1ncluding acceptance of
pr1vate contrlbutions;
(9) The authorlzlng of agreements, after approval of the City
Attorney, for the use o:f private property for air raid shelter and
other purposes.
Section 5. The operat10nal civl1 defense and d1saster rellef
organization of the City of Schertz, shall consist of the officers
and employees of the City of Schertz designated by the Municipal
Defense Coordinator as well as all volunteer municipal defense workers.
The functions and duties of this organization shall be distributed
&IIOng _ such d1vlsions, servlc es and speclal staff as the Ci ty Council
shall prescribe by resolution or the Munlcipal Defense Coordinator
shall provide by directive. Any such resolution or directive shall
set forth the form of organizat10n, establish and designate divisions,
and services, assign functions, dut1es and powers, and designate
officers and employees to carry out the provisions of this ordinance.
Insofar as possible, the form of organlzation, titles and terminology
shall conform to the recommendations of the State Defense and ~saster
Rellef Council of the State of Texas and of the Federal Government.
Section 6. Each person se~lng as a member of the Municipal 0
Civ11 Defense and Disaster Rellef Commlttee, or as an officer,
employee or volunteer in any capacity in the Municipal Civil Defense
and D1saster Relief Organlzation created by resolution or directlve
pursuant to the author1ty herein conferred, shall, prior to assuming
their duty or duties, take an oath' which shall be substantially as
follows:
"I, , do solemnly swear (or afflrm) that I will
support and defend the Constltution of the Unlted States and the
Const1 tution of the State of Texas, against all enemies, foreign
and domestlc; that I will bear true faith and allegiance to the same;
that I take this obligation freely, wlthout any mental reservation
or purpose of evasion; and that I w111 well and fa1thfUlly discharge
the duties upon which I am about to enter. And I do further swear
(or affirm) that I do not advocate, nor am Ia member or an affiliate
of any poll tical party or organ1zation, group, or combination of
persons that advocates the overthrow of the ,Government of the United
States or of this State by force or v10lence; and that during such
time as I am a member of the County Civil Defense and Disaster Relief
Committee of the County of Guadalupe I will not advocate nor become a
member or an affil1ate of any organ1zation, group, or combination of
persons or of any poll tical party that advocates the overthrow of the
Government of the Un1ted States or of this State by force or violence."
Section 7. Any llght displayed contrary to any order, rule or
regul at ion promulgated pursuant to the provisions of this ordinance 0
constitutes a public nu1sance and when deemed necessary 1n order to
protect life or property during blackouts or air raids, the pollee
are authorized and directed to enter upon any premises within the
City of Schertz, using reasonable force, and extinguish lights or
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take other necessary action to make ef~ective any order, rule or
regulation promulgated under the authority conferred'by this
ordin ance.
Section 8. Any unauthorized person who shall operate a siren
or other device so as to simulate So blackout signal or air raid, or
the termination of a blackout or air raid, shall be deemed guilty
of a violation of this ordlnance and shall be subject to the
penalties imposed by this ordinance.
Section 9. At all times when the orders, rules and regUlations
made and promulgated pursuant to this ordinance shall be in effect,
they shall supersede all existing ordinances, orders, rules and
regulatio~s insofar as the latter may be inconsistent therewith.
Section 10. This Ordinance shall not be construed so as 'to'
conflict with any State or Federal statute or w1 th any Tlfili tary or
Naval order, rule or regulation.
Section 11. This Ordinance is An exercise by the City of its
governmental functions for the protectlon of the public peace, health
and safety and neither the City of Schertz, the agents and representa-
tives of said City, or any individual, receiver, firm, partnerShip,
corporation, association, or trustee, or any of the agents thereof, in
good faith carrying out, complying with or attempting to comply with,
any order, rule or regulation promulgated pursuant to the provisions
of this or dinance shall be liable for any damage sustained to person
or property as the result of said activity. Any person owning or
controlling real estate or other premises who voluntarily and without
compensation grants to the City of Schertz a license or privilege, or
otherwise permits the Citym inspect, designate and use the whole or
any part or parts of such real estate or premises for the purpose of
sheltering persons during an actual, impending or practice enemy
attack shall, together with his successors in interest, if any, not
be civilly liable for the death of, or injury to, any person on or
about such real estate or premises under such license, privilege or
other permlssion or for loss of, or damage to, the property of such
person.
Section 12. No person shall have the right to expend any public
funds of the City in carrying out any civil defense activlty authorized
by this ordinance without prior approval by the City Council, nor shall
any person have any right to bind the City by contract, agreement or
otherwlse without prior and specific approval of the City Council.
Section 13. It shall be unlawful for any person willfully to
obstruct, hinder, or delay any member of the civil defense organization
in the enforcement of any rule or regulation issued pursuant to this
ordinance, or to do any act forbidden by any rule or regulation issued
pursuant to the authority contained in this ordinance. It shall like-
wise be unlawful for any person to wear, carry, or display any emblem,
insignia or any other means of identification as a member of the civil
defense organization of the City of Schertz, unless authority so to
do has been granted to such IErson by the proper officials. Convictions
for violations of the ~ovisions of this ordinance shall be punishable
by fine not exceeding 1200.00.
Section 14. If any portion of this ordinance shall, for any
reason, be declared invalid, such invalidity shall not affect the
remainlng provisions hereof.
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Section IS. The immediate passage of this ordinance is deemed 0
essential to the publlc health, safety and welfare, and lt shall
take lmmediate effect.
PASSED AND APPROVED this the 2nd day of March, 1961.
Roy W. Rlcherd
Mayor
Attest:
Ralph R. Ikels
Ci ty Secretary
On a motion by Geo. P. Bolton, seconded by Elgin Beck, that
Geo. P. Pickrell's resignation as Special Deputy be accepted. Motion
was unanimously approved.
On a motion by W. E. Ebert, seconded by A. O. Haverlah, an
Ordinance settlng the speed limit of trains within the City of Schertz
be adopted. Motion was unanimously approved.
ORDIN~E NO. 49
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHER'l'Z, TEXAS:
That it shall be unlawful for any rallroad company or any
englneer operating a railroad train in the City of Schertz, Texas to
cause such railroad train to exceed a speed limit of 40 miles per
hour within the city limits of Schertz, Texas and no railroad train
shall proceed within the city limits of Schertz, Texas at a speed in
excess of 40 miles per hour.
Failure to comply wlth the terms of this ordinance by any party,
owning, operating or controlling such train traveling in excess of
the speed limit above provided shall be punished by a fine not in
excess of Two Hundred Dollars ($200.00). .
This Ordinance' shall become effective upon passage and
publication as provided by law.
PASSED AND APPROVED this the 2nd day of March, 1961.
Roy W. Richard
Mayor
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Attest:
Ralph R. Ikels
Ci ty Secretary
On a motlon by W. A. Schertz, seconded by Geo. P. 801 ton, that
an Ordinance settlng court costs be adopted. Motion was unanimously
approved.
ORDINANCE NO. 50 ,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, ~:
1. In accordanc e with the provisions of Vernon's Texas State
Code of Criminal Procedure, Article 873, there shall be taxed against
each defendant convicteq in the corporation court of the city the
items of Costs as set out in the subsequent articles of this chapter,
and the respective amounts set opposite each of said items shall be
collected from each defendant so convicted, and together with the 0
fine imposed when collected shall be deposited wlth the City r
Treasurer. I
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2. PLEAS OF GUILTY: Whenever the defendant in any prosecution
had in the corporatlon court shall plead "guilty" to the charge, the
following items of costs shall be taxed against and be paid by any
such defendant:
Arrest with or without warrant $1.00
Commitment 1.00
Release 1.00
Trial Fee 2.00
Attorney for the City, fee 2.00
Filing and docketing 1.50
Taxing costs .10
Total l8.60
3. PLEAS OF NOT GUILTY: Whenever the defendant in anr, prose-
cution 'had ln the corporatlon court shall plead "not guilty' to the
charge, the following items of costs shall be taxed against and paid
by any such defendant upon convic tion.
Arrest with or without warrant $1.00
Commitment 1.00
Release 1.00
Trial Fee 3.50
Attorney for the city, fee 2.00
Filing and docketing 1.50
Taxing Cos ts .10
Total $10.10
4. Whenever the defendant in any prosecution had in the corpora-
tion court shall plead "not guilty" to the charge and demand a trial by
jury, and if found guilty, shall prosecute an appeal to the county
court, the following items of costs shall be taxed against and paid by
any such defendant, in addition to the costs taxed by the preceding
paragraph:
Amount of costs on pleas of not guilty $10.10
Summoning jury 1.00
Jury fee 3.00
Filing and approving bond of appeal 1.50
Preparing and filing transcript of appeal 1.50
Tbtal l17.10
5. When a defendant is convicted of a mlsdemeanor in the corpora-
tion court of the City and his punishment is assessed at a pecuniary
fine, if he is unable to pay the fine and costs adjudged again'st him,
he shall be imprisoned in jail for a sufficien t length of time to
discharge the full amount of fine and costs adjudged against him, rating
such imprisonment at three dollars for each day hereof. .
PASSED AND APPROVED this the 2nd day of March, 1961.
Roy W. Richard
Mayor
Attest:
Ralph R. Ikels
City Secretary
On a motion by W. E. Ebert,
establishing the Court procedure
Motion was unanimously approved.
seconded by Elgin Beck, an Ordinance ~), 6~?
for Corporation Court be adopted. /16
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ORDINANCE NO. 51
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS :
I. In all cases of a mlsdemeanor, the party charged before the
corporation court shall be entitled to a trial by jury in the same
manner and form as provided by law before a justice of the peace.
When an application is made for a jury in the trial of a case, the
recorder shall direct the City Marshal or any policeman of the city
to summon s1x dislnterested parties or persons who are qualified
voters 1n the city, to act as jurors, to serve. Any person so
summoned who shall fail or refuse to attend wlthout good cause shown
may be fined by the court in any sum not exceeding twenty dollars, for
the use of the city.
2. The Recorder, in all matters pertaining to the admlnistration
of justice concerning which there are not special provisfons, shall
be governed by the laws of the state regulating proceedings in justice
courts so far as the same may be appllcable.
3. The Recarder, when he has good cause to believe that an
offense against any of the ord1nances of the city has been or is about
to be committed, may issue subpoenas or attachments for witnesses,
and may examine wltnesses ln relat10n thereto, and if it shall appear
from the statement of such witnesses that an offense has been
comm1tted or any offense against the state law has been commltted of
wh1ch the corporation court has jurisdiction the Recorder shall
reduce or cause to be reduced the statement of such w1tnesses,
whereupon the Recorder shall issue his warrant for the arrest of
such offenders, which warrant shall be returnable before the Recorder
at such time as may be directed by said recorder, and the offender
shall be tr1ed according to the laws and ordinances of the city.
4. Any witness summonded under the provis10ns of the preceding
section, who shall fall or refuse to appear and made a statement of
facts under oath shall be guilty of contempt of court and may be
fined not exceeding one hundred dollars ($100.00), and may be
attached and imprisoned until he makes such statement.
5. The Recorder shall have power and authority to ~dmlnister
official oaths, and all oaths and aff1rmations, to swear witnesses
and jurors in trial before him.
6. The mayor with the consent of the council shall have the
power to appoint any competent attorney to conduct any proceedings
of any kind in corporation court.
7. When the party to r whose arrest a warrant ls issued by the
Recorder cannot be found in the city, the same may be executed within
the limits of Guadalupe County, Texas, by the City Marshal or any
other proper peace officer of the city, or by any peace officer of
Guadalupe County, Texas, and may be executed anywhere in the state
under the same rules governing warrants of arrest issued by a justice
of the pe ace.
8. Warrants or other process issued by the Recorder shall be
directed to the City Marshal or any proper peace officer of'the City,
but 1n the casepf,absenQe or inability of such officers, such
process shull be db~e cted to any peace offic er w1 thin the city or
county, and shall be executed by such offlcer.
9. The Recorder shall have power to issue any process necessary
to require the attendance of any person as a wltness in any case
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pending before the corporation court. Persons falling or refuslng
to obey any such process may be fined in any sum not exceeding twenty
dollars ($20.00), and shall forthwith be attached. If such witness
appears in the corporation court and fails or refuses to testify he
shall be guil~ of contempt of court, end may be fined in any sum
not to exceed one hundred dollars ($100.00) and, in addition thereto,
may be imprisioned in the city prison until he testifies as required.
10. The Recorder shall have the authority, and it is hereby
made his duty, within his discretion, to require any person who shall
fl1e any complaint or information in the corporation court of the
city, or any petition or complaint for the suppression of a nuisance,
or who shall institute any kind of proceeding in the corporation court,
either criminal or civil, 1D file in such court a good end sufficient
cost bond, to be approved by the judge. In case such criminal
prosecution or other legal proceeding shall fail or be dismissed,
judgment shall be ent ered against the complainant and the sureties
upon such cost bond for all cost incurred in such criminal prosecution
or legal proceedings.
This ordinance shall become effective upon its passage, approval
and publication as required by law.
PASSED AND APPROVED THIS the 2nd day of March, 1961.
Roy W. Richard
Mayor
Attest:
Ralph R. Ikels
Ci ty Secretary
On a motion by W. E. Ebert, seconded by Geo. P. Bolton, the City f,/.~Jrt
Council Room will be limited to use only by the Ci~ Council, Corpora- )/~
tion Court,&Fire Deplrtment Board of Directors, except by written
permlssion of the City Council. Motion was unanimously approved.
On a motion by Geo. P. Bolton, seconded by Elgin Deck, the
following bills will be paid: $130.00 interest payment on ~arrants;
$10.00 - Petty Cash; $21.50 - Mr. H. P. Thulemeyerj $82.75 - Alamo
Iron Works. Motion was unanimously approved.
On a motion by W. E. Ebert, seconded by Geo. P. Bolton, that
Ralph Ikels be allowed to pave that portion of Zuehl Road along his
property with no cost to the City. Motion was unanlmously approved.
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On a motlon by W. A. Schertz, seconded by W. E. Ebert, the Fire ? /,(; '3 Cl
Chief is authorized a siren and warning light on his vehicle. Motion / ~b
was unanimously approved.
On a motion by W. E. Ebert, seconded by W. A. Schertz, that the
meeting adjourn. Motion was unanimously approved.
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Called Meeting of the C1tw Council was held Apr1l 4, 1961 for ~
the purpose of canvass1ng the votes of the election held April 4, 1961. tJ
Meetlng was called to order by Mayor Roy W. Richard.
The follow1ng Aldermen were present: Elgin Beck, W. E. Ebert,
Geo. p. Bolton, A. o. Haverlah, and W. A. Schertz.
Canvassing of the votes proceeded, and the tally sheet was
carefully checked. Total number of votes polled was 254.
Elg1n Beck 191 For Alderman
Alltl'l Biegert, Jr. 105 " "
Vi. E. Ebert 125 " "
w. A. Schertz 220 " "
R. B. Stedmal 92 " "
o. R1edel I " "
w. De en 1 " "
The follow1ng were declared elected fer the ensu1ng two years:
Elgin Beck, W. E. Ebert and W. A. Schertz.
ti~} On the Special Election for the unexp1red term of Hugo W.
\.,\ - ~ Ackerman as Ci ty Marshal, there were a total of 236 votes cast:
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Hugo W. Ackermann
Howard Schneider
134 For Marshal
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Hugo W. Ackermann was declared elected for the unexpired term
of C 1 ty Marshal.
On a mot10n by W. E. Ebert, seconded by A. o. riaverlah, that
the meet1ng adjourn. Motion was unanimously approved.
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r-j Regular Meeting of the City Council of Schertz, Texas was held
I: April 6, 1961.
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The meeting was c &lIed to order by Mayor Roy W. Richard.
The following Aldermen were present: Elgin Reck, Geo. P. Bolton,
A. O. Haverlah, W. E. Ebert and W. A. Schertz.
Fire Marshal Fritz Rusch, Policeman Hugo W. Ackermann and City
Attorney Louis Saegert were also present.
The minutes of the last regular meeting and the called meeting of
April 4, 1961 were read, and on a motion by Geo. P~ Bolton, seconded
by Elgin Beck, that the minutes were approved, unanimously.
Motion made by Geo. p. Bolton, seconded by, 1''1. A. Schertz, that t 1.033
the change ln ~ate for electrical inspections be tabled for further I~o
discussion. Motion was unanimously approved.
On a motion by W.A. Schertz, seconded by Geo. P. Bolton, that '3 ~
Meek Electric Co., Thomas E. Stewart and Ira S. Hecox be approved as ~/,O
Electricians by the Ci ty of Scrertz. Motion was unanimously approved. J~l)
On a motion by Geo. P. Bolton, seconded by A. O. Haverlah, that ~(, 03.5
the Ci ty stand the expense of paving the street intersections. Motlon I~ 1 I
was unanlmously approved.
On a motion by W. E. Ebert, seconded by Geo. p. bolton, that a
Weed Ordinance be adopted. Motion was unanimously approved.
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ORDINANCE NO. 52
BE IT ORDAINED BY THE CI'lY COUNCIL OF SCHER'l'Z, TEXAS:
1. It shall be unlawful for any owner, lessee, occupant or any
person in charge of any premises ln the City of Schertz, Texas to allow
weeds to grow upon the premises, or trash or rubbish to accumulate upon
said premis es to such an extent as is reasonably calculs_tedto create a
fire hazard or calculated to become injurious to the health of the
cltizens of Schertz, and either act is hereby declared to constitute
a public nuisance.
2. Vfuenever weeds are allowed to grow, or trash or rubbish
allowed to accumulate upon any premises of the City of Schertz as
prohibited by this ordinance the City Council shall hear evidence and
determine whether or not such accumulation of rubbish and trash or the
growth of weeds thereon, or both, are sufficlent to constitute a
nuisance as herein defined, and if they so find, they shall pass a
resolution declaring that the growth of weeds or accumulation of trash
and rubbish upon such premises, or both constitutes a public nuisance,
and shall order same removed by the owner, occupant, lessee or person
in charge of such premises, within five days from the date such notice
is given.
3. Failure to cut weeds and remove trash and rubbish or to do
elther of them when notified to do so, as set out in this ordinance
by any party obligated to do so by this ordinance, shall be punished
by a fine not exceeding $25.00, and each day that such nuisance shall
continue after the time for abatement as herein set out shall
constitute a separate offense.
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4. This ordinance shall become effective upon passage and
publication as provided by law.
PASSED AND APFROVED this the 6th day of April, 1961.
Roy W. Richard
Mayor
o
Attest:
Ralph R. Ikels
Secretary
On a motion by W. E. Ebert, seconded by Elgin Beck, that the
following bills be paid: Stewart Electric - $118.85; South Texas
Printing - $55.70; Sargent-Sowell - $23.55; Seguin Enterprise _
$196.44. Motion was unanimously approved.
On a motion by W. E. Ebert, seconded by Elgin Beck, that the
meeting be adjourned. Motion was unanimously approved.
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Regular Meeting of the City Council of Schertz, Texas was
held May 4, 1961.
The meeting was called to order by Mayor Roy W. Richard.
The following Aldermen were present: Elgin Beck, Geo. P.
Bolton, A. o. Haverlah, W. E. Ebert and W. A. Schertz.
City Marshal Hugo W. Ackermann, City Attorney Louis Saegert,
and Corporation Court Recorder Geo. W. Pickrell were also present.
The Minutes of the last regular meeting of April 6, 1961 were
read, and on a motion by W. A. Scher tz, seconded by W. E. Ebert, the
minutes were unanimously approved.
Representatives of the Southern Pacific Railroad were present ~/;;~5J
and requested further discussion on the speed limit of trains. I
On a motion by W. A. Schertz, seconded by A. O. Haverlah, that ir,/,()3~
the Secretary write the Railroad and request a 50' wide easement I;~
across Live Oak Road and F.M. 78. Motion was unanlmously approved.
Motion was made by W. A. Schertz, seconded by Geo. P. Bolton, (,/.031
that Hugo Ackermann, Geo. Pickrell and Louis Saegert be paid their
Corporat ion Court fees, and to pay them every 4 mon ths in the future. /0 'I
Motion was unanimously approved.
On a motion by W. E. Ebert, seconded by Elgin Beck, that the
following bills be paid: SMRSCO - $15.00; Cibolo Lumber Co. - $1.95.
Motion was unanimously approved. Also, the Election Judge and
Assistant Election Judges' salarles were authorized to be paid.
On a motion by Geo. P. Bolton, seconded by W. E. Ebert, that
the City Secretary be authorized to purchase a Photocopy machine.
Motion was unanimously approved.
On a motion by W. E. Ebert, seconded by W. A. Schertz, that
the meeting adjourn. Motion was unanimously approved.
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Regular Meeting of the City Councl1 of ~chertz, Texas was held 0
on June 1, 1961.
The meeting was called to order by Mayor Roy W. Richard.
The following Aldermen were present: Elgln Beck, Geo. P. Bolton,
A. O. Haverlah, W. E. Ebert, and W. A. Schertz.
City Attorney Louis Saegert was also present.
The minutes of the last regular meeting of May 4, 1961 were read
and.on a motion by Geo. P. Bolton, seconded by Elgin Beck, the minutes
were unanimously approved.
On a motion by Geo. P. Bolton, seconded by W. A. Schertz, that the
Chamber of Commerce be allowed to use the Council Room on the third
Thursd~ of each month for their regular meetings. The use of the
Council Room shall be subject to use of the City, and the Chamber of
Commerce shall be held responsible for leaving the Room in an orderly
condition. Motion was unanimously approved.
On a motion by W. A. Schertz, seconded by Elgin Beck, that t~e
Secretary write the City of Universal City regarding the improvement
of the low water crossing in the Clbolo Creek. Motlon was unanimously
approved.
On a motion by Geo. P. Bolton, seconded by W. A. Schertz, that
Hugo w. Ackermann be appolnted as Assistant Defense Coordinator 'and
Sidney Bourg01s be appointed as Radlo Officer. Motion was unanimously
. approved.
On a motion by W. A. Schertz, seconded by Geo. P. Bolton, that
City Attorney Louis Saegert write Hoover Edw~rds with reference to the
volume of the speakers at the ~ive In Theater. Motion was unanimously
approved.
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On a motion by Geo. P. Bolton, seconded by A. O. Haverlah, that
an ordinance extending the provisions of the Electrical Ordinance No.
43, dated Feb. 6, 1961, be adopted. Motion was unanimously approved.
ORDINANCE NO. 53
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHER'l'Z, TEXAS:
1. All wiring for electric light, heat or power hereafter
installed in schools, churches, theatres, other places used for public
gatherings and all buildings within the fire limits of the City of
Schertz, Texas shall be installed ln sui table approved rigid metallic
conduits, and all such wires hereafter lnstalled ln unfinished base-
ments ln all buildings other than dwellings. Apartment houses and
residences designed for the occupancy of more than three families,
shall be likewise placed in approved metallic conduits.
2. The Electrical Inspector of the City of Schertz, shall make
a thorough inspection of all electric wires and apparatus within the
Ci ty of Schertz at least once in each year and where wires or
apparatus are in dangerous or unsafe condition, or are deemed to be
an interference with the work of the fire department, he shall notify
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the person, firm or company owning, using or operating them to place
them in a safe, secure and non interfering condition. Any corporation,
copartnership, association, or individual or agent thereof failing,
neglecting or refusing wi thin a reasonable time to make th e necessary
repairs or changes, and have the necessary work completed within a
reasonable time after the receipt of said notice, shall be deemed
guil t~r of violation of this ordinance, and every day which shall elapse
after the expiration of sald reasonable time until said wires are
repaired, removed or changed as required by said Electrical Inspector,
shall be considered a separate offense within the meaning and intent
of this ordinance.
3. Any person, firm, or corporation, violating this Ordinance
shall be guilty of a misdeameanor, and upon conviction shall be fined
a sum of not more than One Hundred (~;100.00) Dollars. Each and every
day or fraction of a day during Which this Ordinance is violated shall
be considered a separate offense and punishable as such.
4. This Ordinance is cumulative of any other Ordinance on the
subject and does not repeal any present Ordinances unless this Ordinance
is in direct conflict therewith, in which case this ordinance shall
govern.
5. This ordinance shall become effective upon passage, publication
and approval as provided by law.
PASSED AND APPROVED THIS THE lst day of June, 1961.
Roy W. Richard
Mayor
Attest:
Ralph R. Ikels
Secretary-Trease
On a motion by Elgln Beck, seconded b~ Geo. P. Bol ton, that the
following bills be paid: Bell Telephone - w17.02; Seguin Enterprise ~
$9.81; Cleg~ Company - $101.31; Geo. W. Pickrell - $21.50; Irving
Seligman - $500.00. Motion was approved with four votes for and W. A.
Schertz abstained from voting.
On a motion by W. A. Schertz, seconded by Elgin Beck, that City~/,oi~
Electrical Inspector A. E. Rhodes be paid the inspection fees every /~o
4 months. Motion was unanimously approved.
On a motion by "Iv. A. Scher tz, seconded by A. o. Haverlah, that
the meeting adjourn. Motion was unanimously approved.
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Regular Meeting of the City Council of Schertz, Texas was
held on July 6, 1961.
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The meeting was called to order by Mayor Roy W. Richard.
The following Aldermen were present: Elgin Beck, Geo. p.
Bolton, A. O. Haverlah, W. E. Ebert and W. A. Schertz.
City Attorney Louis Saegert and Fire Marshal Fritz Rusch
were also present.
The minutes of the last regular meeting of June 1, 1961 were
read and on a motion by Geo. P. Bolton, seconded by W. A. Schertz,
the minutes were unanimously approved.
On a motion by Geo. P. Bolton, seconded by W. ~ Schertz, that
an ordinance be adopted setting the speed limit of trains through
Schertz at 55 miles per hour. Motion was approved with 4 votes for
and A. o. Haverlah voted against.
ORDINANCE NO. 54
BE IT ORDAINED BY 'mE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS :
That it shall be unlawful for any railroad company or any
engineer operating a railroad train in the City of Schertz, Texas,
to cause such railroad train to exceed a speed limit of fifty-five
(55) miles per hour within the City limits of Schertz, Texas, and
no railroad train shall proceed within the City limits of Schertz,
Texas, at a speed in excess of fifty-five (55) miles per hour.
Failure to comply with the terms of this ordinance by any
party, owning, ope rat1-ng or controlling such train traveling in
excess of the speed limit above provided shall-be punished by a
fine not in excess of $200.00.
Ordinances or parts thereof in force at the time that this
ordinance shall take effect and inconsistent herewith, are hereby
repealed.
This Ordinance shall become effectlve upon passage and
publication as provided by law.
PASSED AND APPROVED THIS the 6th day of July, 1961.
Roy W. Richard
Mayor
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Attest:
Ralph R. Ikels
Ci ty Secretary
On a motion by W. E. Ebert, seconded by Geo. ? Bolton, that
an ordlnance be adopted regulating traffic while sirens are being
sounded. Motion was unanimously approved.
ORDINANCE NO. 55
BE IT ORDAINED BY THE CITY COUNCIL OF THE
TEXAS:
Section 1.
Schertz, Texas,
operated wi thln
CITY OF SCHERTZ,
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Every driver of a vehicle on the streets of
shall whenever any siren authorized by law to be
the City of Schertz, Texas, is sounded, immediately
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drlve such vehicle to his right hand side of the street adjacent
to the right hand edge of the street or as close thereto as
practicable under the circumstances and come to a full stop. Such
driver of such vehlcle shall not proceed until such siren has
ceased sounding.
. Section 2. This ordinance shall not apply to the sounding
of sirens by railroad trains.
Section 3. Any person violating any provision of this ordinance
or failing to observe any provision hereof shall be deemed guilty
of a misdemeanor and upon conviction shall be fined in any sum
not less than $5.00 and not more than CIOO.OO.
Section 4. A single blast of any siren used as a signal for
the purpose of signifying the time of day shall not be observed by
drivers of vehicles in the manner herein required upon the sounding
of a siren for any other purpose.
Section 5. This ordinance shall become effective upon passage,
publication and approval as provided by law.
PASSED AND AP2ROVED this the 6th day of July, 1961.
Roy VI. Rlc hard
Mayor
Attest:
Ralph R. Ikels
Ci ty Secretary
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Regular Meeting of the City Council of Schertz, Texas was
held on August 3, 1961.
The meetlng was called to order by Mayor Roy W. Richard.
The following Aldermen were present: Elgin Beck, Geo. P.
Bolton, A. O. Haverlah, W. E. Ebert, and W. A. Schertz.
City Attorney Louis Saegert, Fire Marshal Fritz Rusch and
City Marshal Hugo W. Ackermann were also present.
The minutes of the 18 st regular Council Meeting of July 6,
1961 were read, and on a motion by Geo. P. Bolton, seconded by
W. A. SChertz, the minutes were unanimously approved.
On a motion by W. E. Ebert, seconded by W. A. Schertz, a
Resolution was passed declaring the properties of Mrs. W. C.
Seewald, ~oe Blumberg and Mrs. S. G. Vordenbaum in violation of
Weed Ordinance #52, and declared that the owners be notified of
the violation. ~otion was unanimously approved.
On a motion by Geo. P. Bolton, seconded by Elgin Beck, that
the following bills be paid:
Muehl & KOebig 1508.75
South Texas Printing Co. 4.00
A1~1ng Blue Print 13.l5
Valley News 31.08
Motion was unan~mously approved.
On a motlon by W. E. Ebert, seconded by Geo. P. Bolton,
that the meeting adjourn. Motion was unanimo~sly approved.
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A Called Meeting of the City Council of Schertz, Texas was
held ~ugustc25, 1961.
The meeting was called to order by Mayor Roy W. Richard.
The following Aldermen wer~ present: Elgin Beck, Geo. P.
Bolton, A. o. Haverlah, and W. A. Schertz.
The minut es of the last regular Council meetlng of August 3,
1961 were read, and on a motion by W. A. Schertz, seconded by
Elgin Beck, the minutes were unanimously approved.
On a motion by Gee. P. Bolton, seconded by A. O. Haverlah, a
resolution was passed declaring that the property of Mrs. Laura
Kircher was in violation of Weed Ordinance #52, and declared that
the owner be notified of the violation. Motion was unanimously
approved.
On a motion by Elgin Beck, seconded by W. A. Schertz, that
the following bills be paid: Kelly Construction Co. - $826.08;
Guadalupe County Precinct #3 - $100.00. Motion was unanimously
approved.
On a motion by A. O. liaverlah, seconded by W. A. Schertz,
that the meeting adjourn. Motion'was unanimously approved.
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Regular Meeting of the City Council of Schertz, Texas was
held on September 7, 1961.
The Meeting was called to order by Mayor Roy W. Rlchard.
The followlng Aldermen were present: Elgin Beck, Geo. P.
Bol ton, A. O. Haverl ah, W. E. Ebert and Wal ter A. Schertz.
City Attorney Louis Saegert, Flre Marshal Fritz Rusch,
Fire Chief Archie Woodward, City Marshal Hugo W. ACkermann, and
Corp. Court Recorder Geo. W. Pickrell were also present.
The minutes of the last called meeting of August 25, 1961
were read, and on a motlon by Geo. P. Bolton, seconded by W. E.
Ebert, the minutes were unanimously approved.
On a motion by W. A. Schertz, seconded by Geo. P. Bolton,
that an ordinance granting the United Gas Corp. a franchise for
25 years be adopted. Motion was unanimously approved.
[
ORDINANCE NO. 56
AN ORDINANCE GRANTING UNITED GAS CORPORATION, ITS SUCCESSORS
AND ASSIGNS, THE RIGHT, PRIVILEGE AND BRA1TCHISE FOR A PERIOD OF
TWENTY-FIVE (25) YEARS TO CONSTRUCT, LJrl, MAINTAIN, OPERATE, EXTEND,
REMOVE~ REPLACE AND REPAIR A SYSTEM OF PIPE LINES, GAS MAINS,
LATERALS AND ATTACHMENTS AND ALL DESIRABLE INSTRUMENTALI TIES IN, G
UNDER, OVER, ACROSS .AND ALONG ANY AND ALL STREETS, AVENUES, PARKWJrlS,
SQUARES, ALLEYS AND ALL OTHER PUBLIC PLACES IN THE CITY OF SCHERTZ,
GUADALUPE COUNTY, TEXAS, FOR THE PURPOSE OF TRANSPORTIN G, DISTRIBUTING,
SUPPLYING AND SELLING GAS (NATURAL AND/OR ARTICICIAL ANDloR MIXED)
FOR HEATING, LIGHTING, POWER AND FOR ALL OTHER PURPOSES FOR WHICH
GAS MAY BE USED, TO THE MUNICIPALITY OF SAID CITY OF SCHER'l'Z, TEXAS,
AND ITS INHABITANTS AND OTHERS; PROVIDING CONDITIONS CON'mOLLING THE
USE OF PUBLIC THOROUGHFARES AND EXTENSIONS THEREIN; ESTABLISHING
STANDARDS OF SERVICEj PROVIDING FOR ACCEPTANCEj PROVIDING A
SEVERABILITY CLAUSE; MAKING MISCELLANEOUS PROVISIONSj AND REPEALING
ALL ORDINANCES IN CONFLIC THEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF TIE CITY OF SCHERTZ, TEXAS:
SECTION 1. The City of schertz, Guadalupe County, Texas,
herein called "Grantor", does hereby grant unto United Gas Corporation,
lts successors and assigns, herein called "Grantee", the right,
privilege, and franchise to construct, lay,maintain, operate, use,
extend, remove, replace and repair in, under, over, across, and along
any and all of the present and future streets, avenues, parkways,
squares, alleys, thoroughfares, roads, highways, sidewalks, viaducts,
bridges, streams, publlc grounds, public propertles, and other public
places of Grantor, and in all tracts, territories, and areas hereafter
annexted to or acqulred by and placed within the corporate boundaries
of Grantor, a system of pipes, pipe lines, gas mains, laterals,
conduits, feeders, regulators, meters, flxtures, connections, and '0
attachments and other desirable instrumentalities and appurtenances
necessary or proper, for the purpose of transporting, distributin,8,
supplying and selling gas (natural and/or artificial and/or mixed)
for heating, lighting, power and for any other purposes for which
gas may now or hereafter be used, in and to said Grantor and its '
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inhabitants or any other person or persons within or without the
corporate boundaries of Gran tor.
SECTION 2, Grantee's property shall be so constructed and
maintained as not to interfere unreasonably with traffic over the
public thoroughfares of Grantor.
SF..GTION 3. Grantee shall not be required to run or extend
any main, service line or other part of its distributing system to
any person, firm, association, individual, or corporation applying
for or demanding gas or gas servic~ and/or additional gas or gas
service Unless the probable expected use of such gas or gas service
by such person, firm, association, individual or corporation will
provide to Grantee a'reasonable and compensatory return or income
on the value of the addi tional main, service line and other equipment
which must necessar1lybe installed to comply wi th such application
or demand; provlded, however, in no event shall Grantee be required
to run or extend any main, service line, or other part of this
distributing system a distance exceeding one hundred (100) feet of
pipe of a maximum diameter of two (2) inches for each additional
customer.
SECTION 4. The service furnished hereunder to said Grantor
and its inhabitants sOil be first-class in all respects considering
all circumstances and shall be subject to such reasonable rules and
regulations as Grantee may make from time to time.
SECTION 5. Grantee shall hold Grantor harmless from all
expenses or liabili ty for any unlawful or negligent act of Grantee
hereunder. ,
SECTION 6. Nothing herein contained shall ever be held or
considered as conferring upon Grantee and its successors and assigns
any exclusive rights or privl1eges of any nature whatsoever.
SECTION 7. Granting of this franchise shall not prohibit the
Grantor from adopting street rental ordinances applicable to the
Grantee in accordance with t he laws of the State of Texas.
SECTION 8. All ordinances and parts of ordinances in conflict
herewith are hereby repealed.
SECTION 9. This franchise shall take effect and continue and
remain in effect for a period of twenty-five (25) years from and
after the date this ordinance is passed Bnd adopted, provided
Grantee files a written acceptance of this franchise with Grantor
within sixty (60) days after such passage and adoption.
SECTION 10. If any provision, section, subsection, sentence,
claus~, or phrase of this ordinance is for any reason held to be
unconsti tutional, void, or invalid (or for any reason unenforceable),
the validity' of the remaininG portions of this ordinance shall not
be affected thereby, it being the intent of the Grantor in adopting
this ordinance that no portion hereof or provision or regulation
contained herein shall become inoperative or fail by reason of any
unconstitutionality or invalldity of any other portion, provision
or regulation, and to this end, all provisions of this ordinance are
declared to be severable.
Read in full and passed and adopted at a regular meeting on
the 7th day of September, 1961, and approved by the Mayor.
APPROVED:
Roy W. Ri chs rd
Mayor
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Elgin Beck
Walter A. Schertz 0
A. O. Haverlah
Geo. P. Bolton
vi. E. Ebert
Members of the City Council of the City
of Schertz, Texas
Ralph R. Ikels
City Secretary
On a motion by Geo. P. Bolton, seconded by W. E. Ebert, that
Corp. Court Recorder Geo. W. Pickrell be author1zed to issue
peddlers permits. Motion was unanimously approved.
On a motion by W. E. Ebert, seconded by A. O. Haverlah, that
the follow1n~ bills be paid: Lone Star Gara~e - $10.50; New Braunfels
stone Co. - ~54.40j Donegan Abstract Co. - $25.00j Alllng Blue Print -
$11.50. Motion was unanlmously approved.
On a motion by W. E. Ebert, seconded by Geo. P. Bolton, that
Walter A. Schertz be designated as Mayor Pro Tem. Uotlon was approved
by a vote of 4 to 1.
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On a motion by W. E. Ebert, seconded by Geo. P. Bolton, that
the meetin~ adjourn. Motion was unanimously approved.
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