04-11-2023 Agenda Packet
MEETING AGENDA
City Council
REGULAR SESSION CITY COUNCIL
April 11, 2023
HAL BALDWIN MUNICIPAL COMPLEX CIVIC CENTER
GRAND BALLROOM
1400 SCHERTZ PARKWAY BUILDING #5
SCHERTZ, TEXAS 78154
CITY OF SCHERTZ CORE VALUES
Do the right thing
Do the best you can
Treat others the way you want to be treated
Work cooperatively as a team
AGENDA
TUESDAY, APRIL 11, 2023 at 6:00 p.m.
Call to Order
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Councilmember Davis)
Proclamations
National Public Safety Telecommunications Week April 9-15, 2023 (Councilmember Scagliola)
National Animal Care and Control Appreciation Week April 9-15, 2023 (Councilmember
Heyward)
Presentation
Alicia Sepeda-Stork Presentation
Special Olympics Texas presents an award to Schertz Police Department for Polar Plunge
(K.Cordova/A. Kraft)
Milestone Service Pin Presentations
Carl Quast, Building Inspector, 20 Years of Service
Erin Matlock, Civic Center Manager, 20 Years of Service
Bruno Sepeda, Facilities Maintenance Crew Supervisor, 25 Years of Service
Wes Dailey, Paramedic, 25 Years of Service
April 11, 2023 City Council Agenda Page 1
City Events and Announcements
Announcements of upcoming City Events (B. James/S. Gonzalez)
Announcements and recognitions by the City Manager (S. Williams)
Announcements and recognitions by the Mayor (R. Gutierrez)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person should fill out
the speaker’s register prior to the meeting. Presentations should be limited to no more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member thereof.
Any person making personal, impertinent, or slanderous remarks while addressing the Council may
be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual
information given in response to any inquiry, a recitation of existing policy in response to an inquiry,
and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of
Residents portion of the agenda, will call on those persons who
have signed up to speak in the order they have registered.
Consent Agenda Items
The Consent Agenda is considered self-explanatory and will be enacted by the Council with one motion.
There will be no separate discussion of these items unless they are removed from the Consent Agenda
upon the request of the Mayor or a Councilmember.
1.Minutes – Consideration and/or action approving the regular meeting minutes of April 4,
2023. (S.Edmondson/S.Courney)
2.Appointment/Reappointment For Boards/Commissions/Committees (S.Edmondson)
Appointment of Mr. Richard Dziewit to the SSLGC Board of Directors
Re-appointment of Mayor Ralph Gutierrez, Mayor Pro-Tem Tim Brown,
Councilmember Mark Davis, and Councilmember Allison Heyward to the Main Street
Committee
Discussion and Action Items
3.Resolution 23-R-36 - Consideration and/or action by the City Council of the City of Schertz,
TX approving a Resolution authorizing an Extraterritorial Jurisdiction Agreement with the
City of Santa Clara for the release of 4.8 acres of the City of Schertz Extraterritorial
Jurisdiction (ETJ). (B. James/L. Wood/E. Delgado)
4.Resolution 23-R-37 - Consideration and/or action by the City Council of the City of Schertz
TX, approving a revised Resolution setting the first Monday on or after the frst day of Spring
each year as "Employee Remembrance Day". (Replacing Resolution 96-R-7.) (S.
Williams/C.Simmons)
April 11, 2023 City Council Agenda Page 2
Workshop
5.IH-35 NEX Project TxDOT Presentation
6.Discussion regarding the Schertz Historical Preservation Committee
Workshop. (S.Williams/B.James).
Roll Call Vote Confirmation
Information available in City Council Packets - NO DISCUSSION TO OCCUR
Requests and Announcements
Requests by Mayor and Councilmembers for updates or information from Staff
Requests by Mayor and Councilmembers that items or presentations be placed on a future City
Council agenda
Announcements by Mayor and Councilmembers
City and Community Events attended and to be attended
City Council Committee and Liaison Assignments (see assignments below)
Continuing Education Events attended and to be attended
Recognition of actions by City Employees
Recognition of actions by Community Volunteers
Adjournment
CERTIFICATION
I, SHEILA EDMONDSON, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT
THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE
7th DAY OF APRIL 2023 AT 5:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL
TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT
CODE.
SHEILA EDMONDSON
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY
COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF
_______________, 2023.
TITLE: ___________________________
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available.
If you require special assistance or have a request for sign interpretative services or other services, please call 210-619-1030.
The City Council for the City of Schertz reserves the right to adjourn into closed session at any time during the course
of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act.
April 11, 2023 City Council Agenda Page 3
Closed Sessions Authorized: This agenda has been reviewed and approved by the City’s legal counsel and the presence
of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government
Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items
discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a
court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to
this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and
the meeting is conducted by all participants in reliance on this opinion.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Gutierrez
Audit Committee
Board of Adjustments
Investment Advisory Committee
Main Street Committee
Councilmember Davis– Place 1
Interview Committee for Boards and Commissions
Main Street Committee - Chair
Parks & Recreation Advisory Board
Schertz Housing Authority Board
Transportation Safety Advisory Commission
TIRZ II Board
Councilmember Watson-Place 2
Audit Committee
Library Advisory Board
Senior Center Advisory Board
Cibolo Valley Local Government Corporation-Alternate
Councilmember Whittaker – Place 3
Historical Preservation Committee
Interview Committee for Boards and Commissions
TIRZ II Board
Councilmember Dahle – Place 4
Cibolo Valley Local Government Corporation
Interview Committee for Boards and Commissions
Planning & Zoning Commission
TIRZ II Board
Councilmember Scagliola – Place 5
Animal Advisory Commission - Alternate
Hal Baldwin Scholarship Committee
Schertz-Seguin Local Government Corporation
Councilmember Heyward – Place 6
Animal Advisory Commission
Audit Committee
Building and Standards Commission
Economic Development Corporation - Alternate
Investment Advisory Committee
Main Street Committee
Interview Committee for Boards and Commissions-Alternate
Senior Center Advisory Board-Alternate
Councilmember Brown – Place 7
Economic Development Corporation
Main Street Committee
Schertz-Seguin Local Government Corporation - Alternate
April 11, 2023 City Council Agenda Page 4
Agenda No. 1.
CITY COUNCIL MEMORANDUM
City Council
Meeting:April 11, 2023
Department:City Secretary
Subject:Minutes – Consideration and/or action approving the regular meeting minutes
of April 4, 2023. (S.Edmondson/S.Courney)
BACKGROUND
The City Council held a Regular City Council meeting on _______________.
Attachments
04-04-2023 Draft minutes
D R A F T
MINUTES
REGULAR MEETING
April 4, 2023
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April
4, 2023, at 6:00 p.m. in the Hal Baldwin Municipal Civic Center, Bluebonnet Room, 1400
Schertz Parkway, Building #5, Schertz, Texas. The following members present to-wit:
Present:Mayor Ralph Gutierrez; Mayor Pro-Tem Tim Brown; Councilmember Mark Davis;
Councilmember Michelle Watson; Councilmember Jill Whittaker; Councilmember
Michael Dahle; Councilmember David Scagliola; Councilmember Allison Heyward
Staff
present:
City Manager Steve Williams; Deputy City Manager Brian James; Assistant City
Manager Sarah Gonzalez; City Attorney Daniel Santee; City Secretary Sheila
Edmondson; Deputy City Secretary Sheree Courney
Call to Order
Mayor Gutierrez called the meeting to order at 6:01 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Mayor Pro-Tem Brown)
Mayor Gutierrez recognized Mayor Pro-Tem Brown who provided the opening prayer and led
the Pledges of Allegiance to the Flags of the United States and State of Texas.
Proclamations
Month of the Military Child (Councilmember Davis)
Councilmember Davis presented the Month of the Military Child Proclamation to
representatives of SCUCISD, Dr. Mari Hadas and Ms. Kelly Krueger.
Sexual Assault Awareness Month (Councilmember Watson)
Councilmember Watson presented the Sexual Assault Awareness Month Proclamation to
Ms. Ashton Story, Sexual Assault Advocate for the Family Violence Shelter, Seguin; Ms.
Michele Meehan, Assistant Director and Team Relations Liaison, Guadalupe County
Children's Advocacy Center;and Ms. Krista Chandler, Regional Crime Victim Liaison,
Schertz/Cibolo Police Department.
Child Abuse Prevention and Awareness Month (Councilmember Whittaker)
Councilmember Whittaker presented the Child Abuse Prevention and Awareness Month
Proclamation to Jade Dimitri, Community Engagement Coordinator for CASA of Central
Texas; CASA Staff; Donna Bragg, Supervisor for Child Protective Investigations in
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Guadalupe County; Ms. Kane Jaggers, Senior Regional Director, SJRC-Belong; Ms.
Ashton Story, Sexual Assault Advocate for the Family Violence Shelter, Seguin; Ms.
Michele Meehan, Assistant Director, Guadalupe County Childrens Advocacy Center;and
Ms. Krista Chandler, Regional Crime Victim Liaison, Schertz/Cibolo Police Department.
National Crime Victim's Rights Week April 23-29, 2023 (Councilmember Dahle)
Councilmember Dahle presented the National Crime Victim's Rights Week April 23-29,
2023, to Ms. Ashton Story, Sexual Assault Advocate for the Family Violence Shelter,
Seguin; Ms. Michele Meehan, Assistant Director and Team Relations Liaison, Guadalupe
County Children's Advocacy Center;and Ms. Krista Chandler, Regional Crime Victim
Liaison, Schertz/Cibolo Police Department.
Proclamation recipients provided an overview of the services their organizations provide
to the community.
Employee Introductions:
Mayor Gutierrez recognized City Department Heads who introduced new staff.
EMS: Racheal Huser-Paramedic; Jeremiah Rodriguez-Paramedic; Tyler Points-Full time
EMT
Police: Vicente Gutierrez-Police Officer; Adan Lopez-Police Officer; Moises Ruiz-Police
Officer; Andrew Cavazos-Police Cadet
Parks & Recreation: Kathryn "Kat" Scheel-Recreation Specialist
Fleet: Joel Martinez-Parts Clerk/Lube Technician
Economic Development Corporation: Ashley Ritchey-Business Engagement Manager
City Events and Announcements
Announcements of upcoming City Events (B. James/S. Gonzalez)
Mayor Gutierrez recognized Assistant City Manager Sarah Gonzalez who provided the
following:
Saturday, April 8
Easter in the Park
9:30 a.m. - 12:00 p.m.
Pickrell Park
Sponsored by the Schertz-Cibolo-Selma Lions Club
Free community event
Nature Discovery Series - "Discover What's Flying"
10:00 a.m. - 12:00 p.m.
Crescent Bend Nature Park
Tuesday, April 11
Next regular City Council Meeting
6:00 p.m.
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Council Chambers
Announcements and recognitions by the City Manager (S. Williams)
Mayor Gutierrez recognized City Manager Steve Williams who provided the following:
Recognition and thanks to City staff who participated in the placement of Pinwheels
in recognition of the 849 courageous children served by the Guadalupe County
Children's Advocacy Center in 2022.
EMS Department recently launched the Yellow Dot program which allows first
responders to have detailed information, medical, special needs or hearing impaired
from a Yellow Dot that is placed on a vehicle.
Battle of 3009 - Guns and Hoses: kudos to Schertz team for their win over Cibolo.
Announcements and recognitions by the Mayor (R. Gutierrez)
Mayor Gutierrez thanked the staff and volunteers for Movin' on Main. He also
congratulated Schertz first responders for their win at the Guns and Hoses event.
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person
should fill out the speaker’s register prior to the meeting. Presentations should be limited to no
more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual
member thereof. Any person making personal, impertinent, or slanderous remarks while
addressing the Council may be requested to leave the meeting.
Mayor Pro-Tem Brown recognized the following residents:
Daniel Jameson, 1048 Richmond Drive, who announced an upcoming VFW car show.
Brad Weberg, 3809 Overlook Dr, who spoke in favor of the development in Northcliff.
Mr. Weberg also stated a need for parking regulations established and enforced to ensure
safety for children en route to/from school bus stops.
Mayor Pro-Tem Brown recognized the following residents who spoke in opposition to the
rezoning application, Ordinance 23-S-02, submitted for the Northcliff Golf Course:
Reed Carr, 3509 Columbia Dr.
Ronald Mercado, 5125 Storm King
Ana Bruno Andina, 3701 Columbia Dr.
Tammy Kennedy, 3712 Pebble Beach
Jan Baldwin, 3401 Columbia Dr.
Tom Wilson, 3805 Overlook Dr.
Heather Jackson, 3410 Wimbledon Dr.
Steve Gooding, 5717 Fairways Dr.
Richard Maus, 3434 Wimbledon Dr.
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Consent Agenda Items
The Consent Agenda is considered self-explanatory and will be enacted by the Council with
one motion. There will be no separate discussion of these items unless they are removed from
the Consent Agenda upon the request of the Mayor or a Councilmember.
Mayor Gutierrez read Items #1 - 4 for the record.
1.Minutes – Consideration and/or action approving the regular meeting minutes of
March 28, 2023. (S.Edmondson/S.Courney)
2.Appointment/Reappointment For
Boards/Commissions/Committees (S.Edmondson)
Accept the resignation of Ms.Angela Freeman from the Transportation Safety
Advisory Commission (TSAC)
Reappoint Mr. Ferrando Heyward to the Transportation Safety Advisory
Commission
Appoint Mr. Will Martinez to the Transportation Safety Advisory Commission
Reappoint Mr. Charles Cornelisse to the Transportation Safety Advisory
Commission as an Alternate
3.Resolution 23-R-34 – Consideration and/or action by the City Council of the City of
Schertz, Texas, approving a Resolution authorizing the acquisition of permanent and
temporary easements necessary for the construction and operation of pipelines and
appurtenances related to the Dedicated Transmission Main from Live Oak to the IH 35
water storage tank and hike and bike trail easements generally along the same
alignment. (B.James/K.Woodlee/J.Shortess)
4.Resolution 23-R-35 - Consideration and/or action by the City Council of the City of
Schertz, Texas, approving a Resolution approving and authorizing a CCN transfer
between Green Valley Special Utility District and the City of Schertz to amend CCN
boundaries and other matters in connection therewith. (B. James/L. Busch)
Mayor Gutierrez asked for a motion to approve Consent Agenda Items #1 -4.
Moved by Councilmember Mark Davis, seconded by Councilmember Allison
Heyward
AYE: Councilmember Mark Davis, Councilmember Michelle Watson,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Allison Heyward
Passed
Discussion and Action Items
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5.Ordinance 23-S-02 - Consideration and/or action on a request to rezone approximately
25 acres of land from Pre-Development District (PRE) to Planned Development District
(PDD), generally located approximately 2,200 feet southeast of the intersection of
Country Club Boulevard and IH-35 access road, also known as a portion of Comal
County Property Identification Number 377261 and Guadalupe County Property
Identification 63833, City of Schertz, Comal County and Guadalupe County, Texas.
(Final Reading) (B. James/ L. Wood/ E. Delgado)
Mayor Gutierrez stated the applicant had requested this item be tabled until City
Council Meeting on April 25, 2023. Mayor opened the floor to Council for discussion.
Councilmember Scagliola requested reasoning for the request. Deputy City Manager
Brian James responded with applicant is still meeting with residents and trying to
modify the proposal to find an agreeable solution for the residents.
Councilmember Whittaker asked if the applicant was requesting the tabling
to modify the PDD currently submitted. Mr. Benson, attorney for the developer,
responded affirmatively. Councilmember Whittaker expressed concern that any
development other than single family residences would satisfy the residents.
She thanked the developer for working so hard to find an agreeable path forward.
Councilmember Dahle stated it is very unusual for developers to go to such extreme
measures and expressed appreciation for their willingness to work with residents to find
an agreeable solution.
Mayor Gutierrez asked for a motion to table the issue until April 25, 2023.
Moved by Councilmember Michael Dahle, seconded by Councilmember Allison
Heyward
AYE: Councilmember Mark Davis, Councilmember Michelle Watson,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Allison Heyward
Passed
Roll Call Vote Confirmation
Mayor Gutierrez recognized Deputy City Secretary Sheree Courney who provided roll call
confirmation for Consent Agenda Items #1 - 4 and Agenda Item #5.
Information available in City Council Packets - NO DISCUSSION TO OCCUR
6.Monthly Update - FY 2022-23 Approved Expanded Programs (S. Williams/S.
Gonzalez)
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7.Monthly Update - Major Projects In Progress/CIP (B. James/K. Woodlee)
Requests and Announcements
Announcements by the City Manager
No announcements by City Manager Steve Williams.
Requests by Mayor and Councilmembers for updates or information from Staff
Councilmember Scagliola requested staff seek a manner for presenting resolutions and
ordinances in such a way that it is clear they are pending discussion and approval.
Requests by Mayor and Councilmembers that items or presentations be placed on a future
City Council agenda
Announcements by Mayor and Councilmembers
Mayor Pro-Tem Brown attended Movin' on Main and thanked staff for their
work.
Councilmember Watson attended Movin' on Main.
Councilmember Whittaker attended Movin' on Main and a Ribbon-cutting for
Stitched in Schertz.
Councilmember Dahle participatetd in Movin' on Main and thanked Parks
Department and City Staff who helped organize the event.
Councilmember Scagliola attended Movin' on Main and expressed his thanks
for the hard work Parks and City Staff put in to make it a successful event.
Councilmember Heyward attended the NEP Legislative Trip, Summer Hall's
Farewell Reception, Guns and Hoses Event, and Ribbon-cutting for Stitched in
Schertz.
City and Community Events attended and to be attended
City Council Committee and Liaison Assignments (see assignments below)
Continuing Education Events attended and to be attended
Recognition of actions by City Employees
Recognition of actions by Community Volunteers
Adjournment
Mayor Gutierrez adjourned the meeting at 7:18 p.m.
_______________________________
Ralph Gutierrez, Mayor
ATTEST:
____________________________________
Sheila Edmondson, City Secretary
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Agenda No. 2.
CITY COUNCIL MEMORANDUM
City Council
Meeting:April 11, 2023
Department:City Secretary
Subject:Appointment/Reappointment For
Boards/Commissions/Committees (S.Edmondson)
Appointment of Mr. Richard Dziewit to the SSLGC Board of Directors
Re-appointment of Mayor Ralph Gutierrez, Mayor Pro-Tem Tim Brown,
Councilmember Mark Davis, and Councilmember Allison Heyward to the
Main Street Committee
Attachments
SSLGC Appointment
Main Street Committee Reappointments
MEMORANDUM
TO:Mayor & City Council
FROM:Steve Williams, City Manager
DATE:April 6, 2023
SUBJECT:Recommend appointment of Richard Dziewit to the Schertz Seguin Local Government
Corporation (SSLGC) Board of Directors
I am recommending Council approval of Richard Dziewit to the Schertz Seguin Local
Government Corporation (SSLGC) Board of Directors. He will fill the unexpired term of Dudley
Wait, which ends December 31, 2024. Mr. Dziewit previously served on the SSLG Board and is
an excellent candidate to do so again. Highlights of his experience and public service include the
following:
-Successful career in the textile industry
-Schertz Citizens Police Academy
-Community Emergency Response Team (CERT)
-Board of Adjustments
-Transportation Safety Advisory Commission
-Guadalupe County Crimestoppers
-SCUC-ISD Community Advisory Council
-Schertz Cibolo Selma Lions Club
-Red Cross
MEMORANDUM
TO:Mayor & City Council
FROM:Sheila Edmondson
DATE:April 6, 2023
SUBJECT:Recommend reappointment of members of the Main Street Committee with new
term expiring December 31, 2024.
The Main Street Committee consists of members whose terms expired on December 31, 2021.
Mayor Ralph Gutierrez
Councilmember Mark Davis
Councilmember Allison Heyward
Councilmember Tim Brown
Mayor Gutierrez stated that the Main Street Project is still in progress and the members should
be reappointed until December 31, 2024
Recommendation: Reappoint the Main Street Committee Board members to a term which will
expire on December 31, 2024.
Agenda No. 3.
CITY COUNCIL MEMORANDUM
City Council
Meeting:April 11, 2023
Department:Planning & Community Development
Subject:
Resolution 23-R-36 - Consideration and/or action by the City Council of the City
of Schertz, TX approving a Resolution authorizing an Extraterritorial
Jurisdiction Agreement with the City of Santa Clara for the release of 4.8 acres of
the City of Schertz Extraterritorial Jurisdiction (ETJ). (B. James/L. Wood/E.
Delgado)
BACKGROUND
The City of Schertz was approached by Chesmar Homes, LLC which purchased Guadalupe County
Property ID 61495 located approximately 4,000 feet southwest of the intersection of Green Valley Road
and Marion Road. The property is 68.22 acres and is proposed to be developed as a residential
subdivision. The rear 4.8 acres of the subject property is currently located within the City of
Schertz Extraterritorial Jurisdiction (ETJ). The remaining 63.42 acres is within the City of Santa
Clara Extraterritorial Jurisdiction (ETJ). Chesmar Homes, LLC has requested that the City of Schertz
release the 4.8 acres from the Schertz ETJ so that the City of Santa Clara can expand their ETJ so the
development is within one ETJ jurisdiction.
Once Chesmar Homes, LLC and their representatives communicated with the City of Schertz Planning
Division, the Planning staff started communications with the City of Santa Clara. After discussions
between Schertz Planning and Santa Clara an agreement was drafted. This agreement would be
executed by the Mayor of the City of Santa Clara and the City Manager of the City of Schertz (if
authorized by City Council) to enter into an Extraterritorial Jurisdiction Agreement. This agreement
would stipulate that the 4.8 acres would be released from the City of Schertz ETJ and allow the City of
Santa Clara to promptly expand their existing ETJ to encompass the subject property.
On February 27, 2023, the Santa Clara City Council held a discussion and approved / authorized the
Mayor Jeff Hunt to enter into an Extraterritorial Jurisdiction Agreement with the City of Schertz.
The subject property, which is currently undeveloped, is surrounded by property within the City of
Schertz ETJ or within the City of Santa Clara ETJ. Per the Texas Public Utility Commission, the
subject property is within Green Valley Special Utility Districts Certificate of Convenience and
Necessity (CCN) for both water and sewer. This means that the subject property would not be served
water or sewer by the City of Schertz. The closest property that is within the City of Schertz city limits
is approximately 3,000 feet as the crow flies or approximately 7,000 feet when traveled by vehicle.
GOAL
The goal of Resolution No. 23-R-36 is to authorize the City Manager to enter into an Extraterritorial
Jurisdiction Agreement with the City of Santa Clara in order to release 4.8 acres of the City of Schertz
ETJ and allow the City of Santa Clara to incorporate said 4.8 acres into their ETJ. Additionally, this
would allow the property owner to develop their property within one jurisdiction's ETJ rather than two.
This will allow for a more cohesive development under one municipality's regulations.
COMMUNITY BENEFIT
COMMUNITY BENEFIT
Provides for the continued orderly development of the area around the City of Schertz Extraterritorial
Jurisdiction.
SUMMARY OF RECOMMENDED ACTION
Approval of Resolution No. 23-R-36 would authorize the City Manager to enter into an Extraterritorial
Jurisdiction Agreement with the City of Santa Clara. The Extraterritorial Jurisdiction Agreement would
release the 4.8 acres of the subject property which would allow the City of Santa Clara to expand
its Extraterritorial Jurisdiction. Additionally, by releasing the 4.8 acres, it would allow Chesmar
Homes, LLC to move forward with their proposed development within one ETJ jurisdiction.
RECOMMENDATION
Based on the subject property location, and the request from the property owner, staff recommends
approval of Resolution No. 23-R-36 as presented.
Attachments
Resolution No. 23-R-36
Exhibit A
Metes and Bounds Exhibit
Aerial Exhibit of Subject Property
PowerPoint Presentation Slides
RESOLUTION NO. 23-R-36
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN EXTRATERRITORIAL
JURISDICTION AGREEMENT WITH THE CITY OF SANTA CLARA
FOR THE RELEASE OF 4.8 ACRES OF THE CITY OF SCHERTZ
EXTRATERRITORIAL JURSIDICTION (ETJ), AND RELATED
MATTERS IN CONNECTION THEREWITH
WHEREAS, Chesmar Homes, LLC, as land owner, has requested the City of Schertz
release 4.8 acres within the City of Schertz Extraterritorial Jurisdiction (ETJ) so that such area
may be incorporated into the City of Santa Clara Extraterritorial Jurisdiction; and
WHEREAS, the remainder of the subject property (58.48 acres), Guadalupe County
Property ID 61495, is currently within the City of Santa Clara’s Extraterritorial Jurisdiction; and
WHEREAS, the subject property is generally lo cated 4,000 feet southwest of the
intersection of Green Valley Road and Marion Road; and
WHEREAS, the subject property is not provided water or sewer by the City of Schertz,
and is located within Green Valley Special Utility District Certificate of Conven ience and
Necessity (CCN) for water and sewer; and
WHEREAS, the release of the subject property from the City of Schertz Extraterritorial
Jurisdiction would allow the prompt expansion of the City of Santa Clara Extraterritorial
Jurisdiction; and
WHEREAS, on February 27, 2023 the City Council of the City of Santa Clara
authorized the Mayor of Santa Clara to enter into an agreement with the City of Schertz in
relation to the subject property; and
WHEREAS, the City Council of the City of Schertz has determined it is in the best
interest of the City to enter into an agreement with the City of Santa Clara pursuant to the
Extraterritorial Jurisdiction Agreement attached here to as Exhibit A (the “ETJ Agreement”)
regarding the release of 4.8 acres of ETJ by the City of Schertz to the City of Santa Clara
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and deliver
the ETJ Agreement with the City of Santa Clara in substantially the form set forth in
Exhibit “A”.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Resolution for all purposes and are adopted as
a part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any
provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved
herein.
Section 4. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Resolution and the
application of such provision to other persons and circumstances shall nevertheless be
valid, and the City Council hereby declares that this Resolution would have been enacted
without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and
subject matter of the public business to be considered at such meeting, includ ing this
Resolution, was given, all as required by Chapter 551, Texas Government Code, as
amended.
Section 7. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
PASSED AND ADOPTED, this 11th day of April, 2023.
CITY OF SCHERTZ, TEXAS
Ralph Gutierrez, Mayor
ATTEST:
Sheila Edmondson, City Secretary
(city seal)
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CITY OF SANTA CLARA – CITY OF SCHERTZ
EXTRATERRITORIAL JURISDICTION AGREEMENT
This Extraterritorial Jurisdiction Agreement is effective on the date set forth in Article V
hereof (this “Agreement”) and is entered into by and between the City of Santa Clara, a Texas
Municipal Corporation (“Santa Clara”), acting by and through its Mayor and the City of
Schertz, a Texas Municipal Corporation (“Schertz”), acting by and through its City Manager
pursuant to Resolution No. 23-R-36.
WITNESSETH:
WHEREAS, Chesmar Homes, LLC, as land owner, has requested that Schertz release from
its extraterritorial jurisdiction an area of approximately 4.8 acres (the Subject Property
described below) so that such area may be incorporated into the extraterritorial jurisdiction of
Santa Clara; and
WHEREAS, Chesmar Homes, LLC, as land owner, has requested that Santa Clara expand its
extraterritorial jurisdiction to include the Subject Property; and
WHEREAS, Santa Clara and Schertz each have all requisite municipal corporate power and
authority to enter into an Agreement for performance of all of their relative obligations under
such Agreement; and
WHEREAS, the execution and performance by each municipality of this Agreement has been
duly authorized by City Resolution, and except for the additional approval of the Owners, no
consent or approval of any other person is required, including, without limitation, any
governmental authority; and
WHEREAS, both municipalities are desirous of entering into this Agreement;
THE PARTIES AGREE AS FOLLOWS:
I. General Terms and Conditions
A. Schertz releases from its extraterritorial jurisdiction and relinquishes control
over an area containing approximately 4.8 acres of land located generally 4,000
feet southwest of the intersection of Green Valley Road and Marion Road and
more particularly described by metes and bounds and the map attached hereto
as Exhibit A and incorporated herein for all purposes (“Subject Property”).
Schertz shall file for record a copy of this Agreement within the Subject Property
affected by this Agreement in the Real Property Records of Guadalupe County,
Texas. Schertz shall take such further and additional action as Santa Clara may
reasonably request to evidence the release of the Subject Property from its
extraterritorial jurisdiction.
B. Santa Clara shall, in accordance with Sec. 42.022 of the Texas Local
Government Code, promptly expand its existing extraterritorial jurisdiction to
include the Subject Property.
II. Subject Severability
2
A. If for any reason, any one or more paragraphs of this Agreement is held invalid,
such determination shall not affect, impair, or invalidate the remaining
paragraphs of this Agreement but shall be confined in its operation to the
specific sections, sentences, clauses, or parts of this Agreement held invalid,
and invalidity of any section, sentence, clause, or parts shall not affect, impair,
or prejudice in any way the validity of the remainder of this Agreement in any
instance,
B. This Agreement and the exhibits to this Agreement supersede any and all other
prior or contemporaneous agreements, oral or written, among the parties with
respect to the matters addressed in this Agreement.
III. Applicable Law
This Agreement shall be construed in accordance with the laws of the State of Texas.
IV. Notices
Any notice, request, demand, report, certificate, or other instrument which may be required or
permitted to be furnished to or served upon the parties shall be deemed sufficiently given or
furnished or served if in writing and deposited in the United States mail, registered or certified,
return receipt required, addressed to such party at the address set forth below or such other
address as may be hereafter designated by either party by written notice to the other party.
V. Effective Date
This Agreement is effective on the effective date of the later of the Resolution of the City of
Santa Clara and the Resolution of the City of Schertz authorizing this Agreement, in each
case as indicated by the date following the signature of each City’s authorized representative.
[Remainder of page intentionally left blank]
IF TO THE CITY OF SANTA CLARA IF TO THE CITY OF SCHERTZ
City of Santa Clara
1653 N. Santa Clara Rd
Santa Clara, Texas 78124
Attn: Mayor
City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Attn: City Manager
With a copy to:
City of Santa Clara
1653 N. Santa Clara Rd
Santa Clara, Texas 78124
Attn: City Attorney
With a copy to:
Denton Navarro Rocha Bernal & Zech
2517 North Main Avenue,
San Antonio, Texas 78121
Attn: Dan Santee
3
IN WITNESS WHEREOF this Agreement has been executed in triplicate.
CITY OF SCHERTZ
By: _______________________________________
Title: City Manager
Date: ________________________
STATE OF TEXAS §
COUNTY OF GUADALUPE §
Before me, Steve Williams, on this day personally appeared and acknowledged to me that he
executed the forgoing instrument for the purposes and consideration therein expressed as
authorized on behalf of said entity.
Given under my hand and seal of office this _____ day of ___________, 2023.
(Seal)
____________________________________
(Notary's Signature)
4
IN WITNESS WHEREOF this Agreement has been executed in triplicate.
CITY OF SANTA CLARA
By: _______________________________________
Title: Mayor
STATE OF TEXAS §
COUNTY OF GUADALUPE §
Before me, Jeff Hunt, on this day personally appeared and acknowledged to me that he
executed the forgoing instrument for the purposes and consideration therein expressed as
authorized on behalf of said entity.
Given under my hand and seal of office this _____ day of ___________, 2023.
(Seal)
____________________________________
(Notary's Signature)
U
61550STOEPLER TRACY WAYNE
10002017CHESMARHOMES LLC
61495CHESMARHOMES LLC
61511WESTON RANCHFOUNDATION
61507WESTON RANCHFOUNDATION
61509WESTON RANCHFOUNDATION
61523WESTON RANCHFOUNDATION
145726ENGEL RENO
10006098ENGEL RENO
61585WILLIAMS FAMILYTRUST DTD 11-18-2012
184660WILLIAMS JAMES &CARRIE KASNICKA
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Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
1 Inch = 400 FeetRESOLUTION NO. 23-R-36 0 250 500 750125Feet
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RESOLUTION NO. 23-R-36:
ETJ AGREEMENT WITH CITY OF SANTA CLARA
City Council Meeting, April 11, 2023
EMILY DELGADO | PLANNING MANAGER
BACKGROUND
The City of Schertz was approached by Chesmar Homes, LLC which purchased
Guadalupe County Property ID 61495 located approximately 4,000 feet
southwest of the intersection of Green Valley Road and Marion Road.
The property is 68.22 acres and is proposed to be developed as a residential
subdivision. The rear 4.8 acres of the subject property is currently located
within the City of Schertz Extraterritorial Jurisdiction (ETJ). The remaining 63.42
acres is within the City of Santa Clara Extraterritorial Jurisdiction (ETJ).
Chesmar Homes, LLC has requested that the City of Schertz release the 4.8
acres from the Schertz ETJ so that the City of Santa Clara can expand their
ETJ so the development is within one ETJ jurisdiction.
BACKGROUND
Discussions between Schertz Planning and Santa Clara were completed and an
agreement was drafted. This agreement would be executed by the Mayor of the
City of Santa Clara and the City Manager of the City of Schertz (if authorized by
City Council) to enter into an Extraterritorial Jurisdiction Agreement.
This agreement would stipulate that the 4.8 acres would be released from the
City of Schertz ETJ and allow the City of Santa Clara to promptly expand their
existing ETJ to encompass the subject property.
On February 27, 2023 the Santa Clara City Council held a discussion and
approved / authorized the Mayor, Jeff Hunt to enter into an Extraterritorial
Jurisdiction Agreement with the City of Schertz.
SUBJECT PROPERTY
Subtitle Currently undeveloped,
surrounded by property
within the City of Schertz ETJ
or within the City of Santa
Clara ETJ.
The closest property that is
within the City of Schertz city
limits is approximately 3,000
feet as the crow flies or
approximately 7,000 feet
when traveled by vehicle.
SUBJECT PROPERTY
RECOMMENDATION
Staff recommends a pproval of Resolution No. 23 -R -36 to authorize the City
Manager to enter into an Extraterritorial Jurisdiction Agreement with the City
of Santa Clara.
The Extraterritorial Jurisdiction Agreement would release the 4.8 acres of the
subject property which would allow the City of Santa Clara to expand
its Extraterritorial Jurisdiction.
Additionally, by releasing the 4.8 acres, it would allow Chesmar Homes, LLC to
move forward with their proposed development within one ETJ jurisdiction.
COMMENTS & QUESTIONS
Agenda No. 4.
CITY COUNCIL MEMORANDUM
City Council
Meeting:April 11, 2023
Department:Executive Team
Subject:
Resolution 23-R-37 - Consideration and/or action by the City Council of the City
of Schertz TX, approving a revised Resolution setting the first Monday on or
after the frst day of Spring each year as "Employee Remembrance Day".
(Replacing Resolution 96-R-7.) (S. Williams/C.Simmons)
BACKGROUND
GOAL
COMMUNITY BENEFIT
SUMMARY OF RECOMMENDED ACTION
RECOMMENDATION
Attachments
Res. 96-R-7
Res. 23-R-37
RESOLUTION NO. 23-R-37
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
SETTING THE FIRST MONDAY ON OR AFTER THE FIRST DAY OF SPRING
EACH YEAR AS “EMPLOYEE REMEMBRANCE DAY”, HONORING DECEASED
EMPLOYEES WHO SERVED 10 YEARS OR MORE, AS WELL AS THOSE WHO
PASSED AWAY WHILE ACTIVELY EMPLOYED BY THE CITY.
WHEREAS, a monument was erected at 10 Commercial Place in 1996, constructed by fellow City
employees, to honor the following employees for their years of dedicated service;
Archie J. Woodward 1955 to 03-15-82
Fritz Rusch 1956 to 03-31-85
Eugene Schoonover 12-01-66 to 02-28-82
Alice Austin 02-01-73 to 02-04-96
Betty Tyler 03-14-77 to 10-04-86
John E. Peterson 03-16-82 to 12-17-93
Mary Lou Malone 12-16-86 to 04-25-95
Joyce E. Andrews 08-14-86 to 06-15-96
WHEREAS, each employee honored contributed to the well-being and safety of the citizen of the
community; and
WHEREAS, the monument was designed to display, in chronological order, those employees to be
recognized and honored by fellow employees and citizens;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
The City Council of the City of Schertz supported the establishment of the first day of Spring each
year as “Employee Remembrance Day”;
The City will continue the tradition of honoring deceased employees who served 10 years or more,
as well as those who passed away while actively employed by the City, by placing a bronze plaque in their
memory on the monument located at 10 Commercial Place as well as recognizing them at the yearly
“Employee Remembrance Day” ceremony;
The City of Schertz flag will be flown at half-staff on all City flagpoles in memory of all dedicated
city employees who served the citizens of Schertz, Texas, with pride and professionalism.
PASSED AND ADOPTED, this ____ day of _________, 2023.
CITY OF SCHERTZ, TEXAS
________________________________
Ralph Gutierrez, Mayor
ATTEST:
_______________________________
Sheila Edmondson, City Secretary
Agenda No. 5.
CITY COUNCIL MEMORANDUM
City Council Meeting:April 11, 2023
Department:Engineering
Subject:IH-35 NEX Project TxDOT Presentation
BACKGROUND
TXDOT Staff will give a presentation on the IH-35 NEX project. The purpose for the presentation is
to provide information to the City and Public about the project.
Agenda No. 6.
CITY COUNCIL MEMORANDUM
City Council
Meeting:April 11, 2023
Department:Executive Team
Subject:Discussion regarding the Schertz Historical Preservation Committee
Workshop. (S.Williams/B.James).
BACKGROUND
The Schertz Historical Preservation Committee (SHPC) was established in 2006 to: create a city
museum to contain pictures, artifacts, and other historical items related to the City's past, obtain grant
money from the State of Texas, the federal government and other charitable sources for the purposes of
historical preservation, and designate and preserve qualified houses, commercial buildings, and other
structures in the City as "historic". The focus of the SHPC has shifted over time, particularly after the
bond election to fund a museum failed to get sufficient voter support. The SHPC has recently begun
putting on a historic car show and for many years published a quarterly newsletter.
The City does of Schertz does not impose regulations that limit what can be done to historic structures
as is the case in some communities. When a City does have these types of regulations, their historic
preservation committee or historic design review board is often involved in the review and approval of
proposed changes to structures. It is common where communities that do not impose these regulations,
that the historical society is not a city board or commission, rather it is a non-profit or informal
organization, an example of this is the San Antonio Conservation Society.
There has been significant turnover of SHPC members for the past few years. There are 14 positions on
the SHPC and at present only 6 have been filled. Staff is of the opinion that the formal structure and
requirements imposed by being a City board serve as more of an obstacle than a benefit to this groups
work. Not being a City board would allow the group greater flexibility to focus on their mission and
meet as they see fit. It also allows them to select members aligned with the vision of the group. Finally,
they can more easily shift and adjust the focus of their work to areas outside of Schertz and create
partnerships with other organizations. Staff did discuss this with the 4 members who attended the
March 23, SHPC meeting. They were not in favor of this for a number of reasons, one being that
without the City support and structure, the group might not continue ot meet. Members had diferent
views as to the turnover on the board in the past.
Staff is recommending the City Council dissolve the SHPC as a formal City board and direct staff to
provide transitional support for the group.