05-09-2023 Agenda Packet
MEETING AGENDA
City Council
REGULAR SESSION CITY COUNCIL
May 9, 2023
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
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, MAY 9, 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 Dahle)
Proclamations
National Prevention Week May 7-13, 2023 (Councilmember Whittaker)
National Police Memorial Day May 15, 2023 and National Police Week May 14-20, 2023
(Councilmember Heyward)
Economic Development Week May 8-12, 2023 (Mayor Pro-Tem Brown)
World Facility Management Day - May 10, 2023 (Councilmember Dahle)
Presentation-Upcoming July 4th Jubilee (S. Gonzalez/L. Shrum/C. Paddock)
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
May 9, 2023 City Council Agenda Page 1
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 regarding the approval of the regular meetings
minutes of April 25, 2023, and May 2, 2023. (S.Edmondson/S.Courney)
2.Resolution 23-R-40 - Consideration and/or action by the City Council of the City of
Schertz authorizing in Interlocal Agreement between the City and Alamo Area Metro SWAT
3.Resolution 23-R-39- Consideration and/or action approving a Resolution by the City
Council of the City of Schertz, Texas authorizing the Schertz Seguin Local Government
Corporation (SSLGC) Budget Amendment for Fiscal Year 2022-23 in the amount of
$1,705,000 as a transfer to the Operating Fund and $1,450,000 as a transfer to the
Repair/Replacement Fund. (B.James/L. Busch)
Discussion and Action Items
4.Ordinance 23-M-11 - Consideration and/or action on amending Ordinance 15-M-32, Section
1. Time and Place of Regular Council Meetings, Section 2-2(a) of the Code of Ordinances to
be hereby amended to read "(a) Regular meetings of the City Council shall be held on the
first and third Tuesdays of each month, provided that the City Council by motion or
resolution or the City Manager in consultation with the Mayor may cancel any such regular
meeting due to conflicting events or meetings or lack of need for a meeting so long as at least
one regular meeting of City Council is conducted each month." (Final Reading) (S.
Williams)
5.Application for Landmark Property Designation - Consideration and/or action approving
a Landmark Property Designation for 1001 Elbel - Clemens High School. (S. Williams/B.
James).
May 9, 2023 City Council Agenda Page 2
6.Discussion and consideration and/or action on a Charter Review.
Public Hearings
7.Ordinance 23-S-09 - Conduct a public hearing and consideration and/or action on a request
to rezone approximately 15 acres of land from Pre-Development District (PRE) to
Apartment/Multi-Family Residential District (R-4), located approximately 1,800 feet east of
the intersection of FM 1518 and Ray Corbett Drive, also known as Bexar County Property
Identification Number 309863, City of Schertz, Bexar County, Texas. (First Reading) (B.
James, L. Wood, S. Haas)
8.Ordinance 23-S-10 - Conduct a public hearing and consideration and/or action on a request
to rezone approximately 1 acre of land from Single-Family Residential District (R-1) to
Neighborhood Services District (NS), located approximately 600 feet south of the
intersection of FM 3009 and Live Oak Road, also known as Guadalupe County Property
Identification Number 67544, City of Schertz, Guadalupe County, Texas. (First Reading).
(B. James, L. Wood, S. Haas)
Presentations
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
5th DAY OF MAY 2023 AT 6:00 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
May 9, 2023 City Council Agenda Page 3
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.
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
May 9, 2023 City Council Agenda Page 4
Agenda No.
CITY COUNCIL MEMORANDUM
City Council
Meeting:May 9, 2023
Department:City Secretary
Subject:Proclamations
National Prevention Week May 7-13, 2023 (Councilmember Whittaker)
National Police Memorial Day May 15, 2023 and National Police Week
May 14-20, 2023 (Councilmember Heyward)
Economic Development Week May 8-12, 2023 (Mayor Pro-Tem Brown)
World Facility Management Day - May 10, 2023 (Councilmember Dahle)
Agenda No.
CITY COUNCIL MEMORANDUM
City Council
Meeting:May 9, 2023
Department:Parks, Recreation & Community Servic
Subject:Presentation-Upcoming July 4th Jubilee (S. Gonzalez/L. Shrum/C.
Paddock)
BACKGROUND
The Schertz July 4th Jubilee will be held on Tuesday, July 4, 2023, from 9:30 am - 10 pm. Event
elements include a parade, Freedom 5K, live music, carnival, food trucks, family fun activities, and a
fireworks show.
Attachments
Jubilee
JULY 4 TH JUBILEE
47TH ANNUAL CELEBRATION
CASSIE PADDOCK
RECREATION MANAGER
PARKS & RECREATION DEPARTMENT
Set Up :
Friday, June 30 th
@ 7:30 AM
PROJECT FLAGLINE
Take Down :
Thursday, July 6 th
@ 7:30 AM
11 Sections
Approx. 75 volunteers
Communication
Website, Social Media, Magazine, E -mail Blasts,
Letters to all businesses and residents in
Aviation Heights
Media Advisories
Monday, June 19 & Friday, June 30
Billboard
May 30 –July 5
MARKETING
Parade -9:30AM
Stars & Stripes
Freedom 5k -9:15AM
Begins from the Hal Baldwin
Municipal Complex
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Carnival opens at 11AM
Located at Thulemeyer
Park, 901 Oak Street
JUBILEE -6PM
Live Music with Groove Knight
Food Trucks Open
Family Zone Opens
•Games, Giveaways, Pickleball, Cornhole
Float & Fireworks
•$3 per person
•Registration opened May 1st
Located at Pickrell Park, 701 Oak Street
7:00PM
Mayor & Council
Welcome
EVENING TIMELINE
9:13PM :
Star Spangled Banner
9:15PM
Fireworks Spectacular
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Council information
packets with parking
passes will be delivered
at the council meeting
on June 20
COMMENTS & QUESTIONS
Agenda No. 1.
CITY COUNCIL MEMORANDUM
City Council
Meeting:May 9, 2023
Department:City Secretary
Subject:Minutes – Consideration and/or action regarding the approval of the regular
meetings minutes of April 25, 2023, and May 2, 2023. (S.Edmondson/S.Courney)
BACKGROUND
RECOMMENDATION
Recommend Approval.
Attachments
04-25-2023 Draft Minutes
05-02-2023 Draft Minutes
D R A F T
MINUTES
REGULAR MEETING
April 25, 2023
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April
25, 2023, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, 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 6:03 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Councilmember Whittaker)
Mayor Gutierrez recognized Councilmember Whittaker who provided the opening prayer and
led the Pledges of Allegiance to the Flags of the United States and State of Texas.
Proclamations
National Library Week April 23-29, 2023 (Mayor Pro-Tem Brown)
Mayor Pro-Tem Brown presented the National Library Week April 23-29, 2023,
Proclamation to Schertz Library Director Melissa Ulhorn. Ms. Ulhorn expressed her
appreciation for the recognition and thanked the Library staff for all the work they do.
National Administrative Professionals Appreciation Week April 23-29, 2023
(Councilmember Davis)
Councilmember Davis presented the National Administrative Professionals Appreciation
Week April 23-29, 2023, Proclamation to 11-City Administrative Assistants and
1-Administrative Manager who were present.
City Events and Announcements
1
City Events and Announcements
Announcements of upcoming City Events (B. James/S. Gonzalez)
Mayor Gutierrez recognized Deputy City Manager Brian James who provided the
following:
Through Thursday, April 27
RACAP Food Drive
Sponsored by Heidelberg Materials and Randolph Area Christian Assistance
Program
Collection Boxes can be found in the lobbies of City Hall Bldg. 1, Administration
Bldg. 2, Police Department, Library, and YMCA.
Tuesday, May 2
Next regular City Council Meeting
6:00 p.m.
Council Chambers
Announcements and recognitions by the City Manager (S. Williams)
Mayor Gutierrez recognized City Manager Steve Williams who provided the following:
Recognition of Julie Gohlke, Purchasing Manager, who earned her Certified
Procurement Professional Designation from the National Institute of Governmental
Purchasing;
Love Where You Live Program had a service project on Saturday where 315 volunteers
from seven churches helped 70 families in six different neighborhoods with their homes;
Parks and Recreation Department held an Ed-ZOO-cation program partnering with the
San Antonio Zoo at Crescent Bend Park
Regional Job Fair will be held on May 11th at the Cibolo YMCA;
Library is promoting "Be a Human Book" giving residents an opportunity to talk to
readers about their experiences, perspectives, values, and beliefs. They are currently
recruiting volunteers to participate.
Announcements and recognitions by the Mayor (R. Gutierrez )
Mayor Gutierrez thanked the residents who attended the meeting this evening.
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.
2
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:
Carol Davis, 3337 Wimbledon Dr, by proxy
Howson Lau, 3678 Pebble Beach
Tammy Kennedy, 3712 Pebble Beach
Phil Jackson, 3410 Wimbledon
Heather Jackson, 3410 Wimbledon
Steve Gooding, 5717 Fairways Dr.
Ana Bruno Andino, 3701 Columbia
James Riedel, 3433 Charleston
Richard Maus, 3434 Wimbledon
Janet Willson, 3805 Overlook Dr.
Tom Willson, 3805 Overlook Dr.
Jan Baldwin, 3401 Columbia
Reed Carr, 3509 Columbia
Bill Edmonds, 4909 Crestwood Dr.
Susan DeGraffenried, 5140 Columbia Dr.
Donald Dendy, 3149 Cameron River
Michelle Swisher, 6105 Mule Deer
Mayor Pro-Tem Brown recognized the following residents who spoke in support of the
rezoning application, Ordinance 23-S-02, submitted for the Northcliff Golf Course:
Gregory Sebold, 3841 Greenridge
David Prestridge, 3708 Hillside
Mary Graham, 3701 Hillside
Brad Weberg, 3809 Overlook Dr.
Maggie Igel, 3712 Hunters Glen
Diane Weberg, 3809 Overlook Dr.
Othann Warner, 3717 Hunters Glen
Dana Giggy, 3825 Overlook
Mayor Pro-Tem Brown recognized the following residents who spoke in support of Mr.
Robert Fishback, former director of the Schertz Senior Center:
Don Sweet, 832 Water Oak
Catherine Ann Stinson, 140 Kaylee Chase
Mehri Wallace, 126 Silver Terrace
Robert Fishback,
Doris Wahrenbrock, 121 Meadow Lark
Mardenia Anderson, 124 Kitty Hawk Run
Will Clouse, 6938 Robin Hood Way
Sandra Davis, 2644 Gallant Fox Dr.
Micheline Sutton, 805 Maple Dr.
Maria Fishback, 140 Dew Fall Trail
Mayor Pro-Tem Brown recognized the following residents:
Mr. Robert Fishback, 140 Dew Fall Trail - Mr. Fishback provided a statement regarding
his resignation as director of the Schertz Senior Center. Mr. Fishback called upon the
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City Council to revoke one individual's membership due to actions that consistently
violate the code of conduct and to address City staff's inappropriate actions regarding
this situation.
Ms. Sandra Basham, 125 Falcon Drive, and Ms. Kathleen Chipman, 201 Winburn, who
presented a quilt made by members of the Good Samaritan Oncology Support Group to
Mayor Gutierrez.
Mr. Dennis Elliott, 2567 Smokey Creek, who expressed concerns with fees applied to his
property taxes without notification.
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 11, 2023. (S.Edmondson/S.Courney)
Mayor Gutierrez asked for a motion to approve Consent Agenda Item #1.
Moved by Councilmember Allison Heyward, seconded by Councilmember Michael
Dahle
AYE: Councilmember Allison Heyward, Councilmember Mark Davis,
Councilmember Michelle Watson, Councilmember Jill Whittaker,
Councilmember Michael Dahle, Councilmember David Scagliola, Mayor
Pro-Tem Tim Brown
Passed
Discussion and Action Items
2.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 recognized Ms. Lesa Wood, Planning and Community Development
Director, who provided a summary of the request to rezone approximately 5 acres of
land from Pre-Development District (PRE) to Planned Development District (PDD).
Followed by Mr. Buck Benson, attorney for the applicant. This is complex due to the
existence of five HOAs and the introduction of the PID. Original application was
4
rentals vs ownerships, so they changed the application to Townhomes. Now the issue
is density but no one has provided a number. Applicant has tried to address concerns
of the neighborhood and council. Feels that only single family homes would be
acceptable to them, but that is not feasible for the developer.
Mayor Gutierrez offered the following comments:
The fundamental question here is: Is this development a good idea for our city?
The council has three major tasks:
Pass a budget to ensure or citizens are provided essential services1.
To address problems, and 2.
Create a future that does not exist.3.
Changes are being considered in Austin. HB1514 will change the zoning threshold
from 20% of affected owners to 50% to trigger a super majority.
Mayor opened the floor to council for discussion:
Councilmember Scagliola thanked Mr. Benson for reaching out to the HOAs and
shared four points:
He supports governance at the grassroots level1.
They need to agree to disagree and walk away friends2.
Not against developers or developments, not in favor of this one3.
The area is not appropriately zoned. R6-R7 zoning would be most appropriate.4.
Councilmember Heyward spoke in response to the comments regarding the UDC,
Council representation, traffic, and foundation issues. To which she provided the
following:
This land is zoned for PDD and therefore is not subject to the UDC.
Councilmembers must due what is in the best interest of all of Schertz.
Traffic study done by George Mason University which included neighborhoods
in San Antonio show that traffic is for Townhomes is less than single family
residences.
Foundation issues are common throughout Texas due to our soil and drought.
Councilmember Heyward closed her comments with legislative updates that will
significantly impact the ability of cities to limit the number of homes, to restrict lot
sizes, etc.
No other Councilmembers commented.
Mayor called for a motion to approve Ordinance 23-S-02.
Moved by Councilmember Jill Whittaker, seconded by Councilmember Allison
Heyward.
AYE: Mayor Pro-Tem Tim Brown, Councilmember Michelle Watson,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember Allison Heyward
NAY: Councilmember Mark Davis, Councilmember David Scagliola
5
Greater than 20% of affected property owners voted against the zoning triggering
a super majority vote to pass. Affirmative votes did not meet the super majority
requirement.
Motion Failed
Closed Session
3.The City Council will meet in closed session in accordance with Section 551.072,
Texas Government Code deliberation regarding the purchase, exchange, lease, or value
of Real Properties for future roadways, roadway extensions, and roadway
expansions; city facilities, drainage and detention; and general municipal uses.
Mayor Gutierrez recessed Regular Session at 8:33 p.m.
Closed Session start time: 8:48 p.m.
Closed Session end time: 9:10 p.m.
Reconvene into Regular Session
Mayor Gutierrez reconvened to Regular Session at 9:12 p.m.
No action was taken from Closed Session.
Roll Call Vote Confirmation
Information available in City Council Packets - NO DISCUSSION TO OCCUR
4.Quarterly Financial Reports - FY 2022-23 1st Quarter
5.Guadalupe Regional Medical Center Prescription Assistance Program - for
Schertz Enrollees Report
Requests and Announcements
Requests by Mayor and Councilmembers for updates or information from Staff
Councilmember Scagliola requested staff work on a resolution for the issues brought to
light regarding the senior center without getting involved in YMCA personnel issues.
Mr. Williams stated staff will review the YMCA contract and report back to Council
Requests by Mayor and Councilmembers that items or presentations be placed on a
future City Council agenda
No requests by Mayor and Councilmembers that items or presentations be placed on a
future City Council agenda.
Announcements by Mayor and Councilmembers
6
Announcements by Mayor and Councilmembers
City and Community Events attended and to be attended
Councilmembers Watson attended the NEP luncheon.
Councilmember Whittaker attended the Alamo Title Ribbon Cutting.
Councilmember Scagliola attended The Chamber mixer and SSLGC.
Councilmember Heyward attended The Chamber and NEP luncheons; TML
Legislative Update Webinar; JBSA Quarterly Community Partnership Meeting on
Zoom; Ribbon cuttings for New York Life-Joey Menchey, River City Gutters, and
Alamo Title Company; and participated in the Staff Purple Up! Military Child
Month Photo.
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 9:16 p.m.
_______________________________
Ralph Gutierrez, Mayor
ATTEST:
____________________________________
Sheila Edmondson, City Secretary
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D R A F T
MINUTES
REGULAR MEETING
May 2, 2023
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May
2, 2023, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Present:Mayor Ralph Gutierrez; Mayor Pro-Tem Tim Brown; Councilmember Mark Davis;
Councilmember Michelle Watson; Councilmember David Scagliola; Councilmember
Allison Heyward
Absent:Councilmember Jill Whittaker; Councilmember Michael Dahle
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 6:00 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Councilmember Dahle)
Mayor Gutierrez provided the opening prayer and led the Pledges of Allegiance to the Flags
of the United States and State of Texas.
Employee Introductions
Mayor Gutierrez recognized department heads who introduced the new city staff members
listed below.
Planning: Ameriz Gamez, Planner; Daisy Marquez, Planner
Public Works: Water/Wastewater: Anthony Jimenez, W-Worker II;
EMS: Kylee Cottenden-Paramedic; Jimi Clary-Paramedic(Part-time);
Fire: Joshua Tannert-Firefighter
Parks: Daniel Delong-Parks Maintenance Technician; Jeremy Jacoway-Park
Maintenance Technician;
Utility Billing: Samantha Strong-Utility Billing
Proclamations
1
Proclamations
Building Safety Month-Councilmember Watson
Councilmember Watson presented the Building Safety Month proclamation to Ms. Lesa
Wood, Planning and Community Development Director and members of the Building
Inspections, Planning, and Neighborhood Services staff.
Community Action Month-Councilmember Whittaker
Mayor Pro-Tem Brown read the Community Action Month proclamation.
National Preservation Month-Councilmember Dahle
Councilmember Heyward presented the National Preservation Month proclamation to
Dr. Miguel Vazquez and members of the Schertz Historical Preservation Committee
and members of the Schertz-Cibolo Cemetery Association.
International Firefighters Day May 4, 2023-Councilmember Scagliola
Councilmember Scagliola presented the International Firefighters Day May 4,
2023 proclamation to Fire Chief Greg Rodgers and members of the Fire, EMS, and
Emergency Management staff.
National Small Business Week (April 30-May 6, 2023)-Mayor Pro-Tem Brown
Mayor Pro-Tem Brown presented the National Small Business Week (April 30-May 6,
2023) proclamation to Zak White, Vice Chair, The Chamber Board of Directors
Municipal Clerk's Week (April 30-May 6, 2023)-Councilmember Heyward
Councilmember Heyward presented the Municipal Clerk's Week (April 30-May 6,
2023) proclamation to City Secretary Sheila Edmondson and Deputy City Secretary
Sheree Courney.
City Events and Announcements
Announcements of upcoming City Events (B. James/S. Gonzalez)
Mayor Gutierrez recognized Deputy City Manager Brian James who provided the
following:
Friday, May 5
Movies in the Park - "Selena"
Pickrell Park
7:00 p.m. - 9:00 p.m.
Saturday, May 6
Historic Schertz Cemetery Tour
Schertz-Cibolo Cemetery
Bubbling Springs Road
10:00 a.m. - 2:00 p.m.
Announcements and recognitions by the City Manager (S. Williams)
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Mayor Gutierrez recognized City Manager Steve Williams who provided the following:
Thursday, May 11
Peace Officer Testing
8:00 a.m.
Apply online at www.schertz.com/jobs
Recognition of City Staff and Programs
Appreciation from resident, Amanda Aikman, for the Schertz Young Leader Program
for the opportunity provided to her son.
Appreciation from resident, John Casey, to the Schertz Fire Department for their
assistance with detecting the issue with old smoke detectors and for their assistance
with installing new ones.
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.
No residents spoke.
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.Resolution 23-R-38 - Consideration and/or action by the City Council of the City of
Schertz, TX approving a Resolution authorizing the Schertz Housing Authority to
submit a request to the U.S. Department of Housing and Urban Development (HUD)
for the release of Project Based Voucher funds under Title V of the Quality Housing
and Work Responsibility act of 1998, as amended, to undertake a project known as
1518 Apartments for the purpose or providing affordable housing. (S. Williams/B.
James)
Mayor Gutierrez called for a motion to approved Consent Agenda Item #1.
Moved by Mayor Pro-Tem Tim Brown, seconded by Councilmember Allison
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Moved by Mayor Pro-Tem Tim Brown, seconded by Councilmember Allison
Heyward
AYE: Mayor Pro-Tem Tim Brown, Councilmember Mark Davis,
Councilmember Michelle Watson, Councilmember David Scagliola,
Councilmember Allison Heyward
Passed
Discussion and Action Items
2.Ordinance 23-M-11 - Consideration and/or action by the City Council of the City of
Schertz, TX on amending Ordinance 15-M-32, Section 1. Time and Place of Regular
Council Meetings, Section 2-2(a) of the Code of Ordinances to be hereby amended to
read "(a) Regular meetings of the City Council shall be held on the first and third
Tuesdays of each month , provided that the City Council by motion or resolution or
the City Manager in consultation with the Mayor may cancel any such regular meeting
due to conflicting events or meetings or lack of need for a meeting so long as at least
one regular meeting of City Council is conducted each month." (First Reading) (S.
Williams)
Mayor Gutierrez recognized City Manager Steve Williams who briefed Council on
request to change the number of regular council meetings from three meetings per
month to two regular council meetings per month. Meetings will occur on the first
and third Tuesdays of each month effective June 1, 2023, if approved.
Mayor opened the floor to Council for discussion.
Councilmembers expressed concerns that by reducing the number of meetings
per month the meetings would be much longer and residents would be confused
as to meeting dates. It was asked if the reason for reducing the number of
meetings was due to the lack of discussion/action items on one agenda per
month. Response was affirmative.
Mayor Pro-tem Brown expressed support for reducing the number of meetings
provided it is communicated widely and often to ensure residents are
well-informed. Mr. Williams stated the meeting date change would be
communicated via the Schertz magazine, social media platforms, and on the
website.
Mayor Gutierrez requested a posting be done each Friday, either an agenda or a
notice of no meeting to ensure residents were informed. City Secretary Sheila
Edmondson responded affirmatively.
Mayor Gutierrez asked for a motion to approve Ordinance 23-M-11.
Moved by Councilmember Allison Heyward, seconded by Councilmember
Michelle Watson
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AYE: Mayor Pro-Tem Tim Brown, Councilmember Michelle Watson,
Councilmember David Scagliola, Councilmember Allison Heyward
NAY: Councilmember Mark Davis
Passed
Closed Session
3.The City Council will meet in Closed Session in accordance with Section 551.071 of
the Texas Government Code to receive legal advice from its attorneys regarding the
following litigation:
Green Valley Special Utility District v. City of Schertz, Texas, et al, Cause No.
1:17-cv-00819 in the United Stated District Court, Western District of Texas,
Austin Division;
Cause No. D-1-GN-18-000535, Green Valley Special Utility District v. Public
Utility Commission of Texas, et al., 419th Judicial District Court of Travis
County, Texas; and PUC Docket No. 45956, Application of the City of Schertz
for Single Certification in Incorporated Area and to Decertify Portions of Green
Valley SUD’s Sewer CCN in Guadalupe County ((i) and (ii) collectively
referred to as the “CCN Litigation”)
Mayor Gutierrez recessed to closed session at 6:53 p.m.
Closed session start time: 7:02 p.m.
Closed session end time: 7:27 p.m.
Reconvene into Regular Session
Mayor Gutierrez reconvened to Regular Session at 7:31 p.m.
4.Take any action based on discussion held in Closed Session under Agenda Item #3.
Mayor Gutierrez motioned to approve the comprehensive settlement agreement
between the City of Schertz and Green Valley SUD and authorize City Manager to
execute the agreement, seconded by Councilmember Allison Heyward.
AYE: Mayor Pro-Tem Tim Brown, Councilmember Mark Davis,
Councilmember Michelle Watson, Councilmember David Scagliola,
Councilmember Allison Heyward
Passed
Information available in City Council Packets - NO DISCUSSION TO OCCUR
5.Monthly Update - FY 2022-23 Approved Expanded Programs (S. Williams/S.
5
5.Monthly Update - FY 2022-23 Approved Expanded Programs (S. Williams/S.
Gonzalez)
6.Monthly Update - Major Projects In Progress/CIP (B. James/K. Woodlee)
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
Councilmember Scagliola requested that the voice vote be reinstated for the
purposes of transparency.
Announcements by Mayor and Councilmembers
City and Community Events attended and to be attended
Councilmember Watson attended the Library Advisory Board meeting and served
as a judge for the Cibolo BBQ Cook-off.
Councilmember Heyward attended the TML Risk Pool Board Meeting in
Galveston and a Ribbon cutting in Selma. She also expressed kudos to Mr.
Williams for Schertz EMS for responding to an accident in Selma to ensure the
safety of the citizens involved.
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 7:35 p.m.
_______________________________
Ralph Gutierrez, Mayor
ATTEST:
____________________________________
Sheila Edmondson, City Secretary
6
Agenda No. 2.
CITY COUNCIL MEMORANDUM
City Council
Meeting:May 9, 2023
Department:Police Department
Subject:Resolution 23-R-40 - Consideration and/or action by the City Council of the
City of Schertz authorizing in Interlocal Agreement between the City and
Alamo Area Metro SWAT
BACKGROUND
The Tier 1 SWAT Team must be mission capable of hostage rescue, barricaded gunman, sniper
operations, high-risk warrants or apprehension, high-risk security operations, terrorism response special
assignments and other incidents that exceed the capability or capacity of agency's first responders and
consists of 26 operators. Those teams that do not possess the appropriate number of personnel, but
maintain all the mission capabilities fall into a SWAT Tier 2 or Tactical Response categories. The
minimum staffing for a Tactical Response Team, smallest recognized SWAT operational capability is
15 operators. Schertz PD currently has 6 operators and has an authorized staffing level of 10. Even as
such we are merely a React Team and would need to call for assistance on any major critical incident.
This is a safety concern for the officers and the community.
Working collaboratively with surrounding agencies and pooling our resources we would be able to
achieve a municipal public purpose team to ensure the safety and welfare of the citizens of the
participating jurisdictions. This mutual aid law enforcement SWAT Team is available to each other as
requested and required within Bexar, Comal and Guadalupe Counties. In exchange for making the
annual contribution and providing personnel each participating jurisdiction shall receive the full
support of the team and equipment to support critical and planned incidents within its jurisdictions.
GOAL
Be prepared to provide 24/7 SWAT response capability to critical incidents within our city limits
requiring an enhanced police response.
COMMUNITY BENEFIT
Providing 24/7 SWAT capability response to critical incidents while maintaining operational control of
the SWAT response within our city limits.
SUMMARY OF RECOMMENDED ACTION
The Alamo Area Metro SWAT Team is composed of local agencies working together to form a fully
operational SWAT Team composed of Entry/Containment, Snipers, Crisis Management and Tactical
Medics. Most LE agencies in the San Antonio Metro Area do not have the resources to fulfill a SWAT
Team. Working collaboratively, such agencies can build a team through shared resources and
personnel. There is an annual contribution fee of $6,500.00 to be used for sustaining training, support,
and capital replacement for an armored asset and other designated equipment. Authorizing the Police
Department to participate in the ILA will secure this response capability.
FISCAL IMPACT
There is an annual contribution of $6,500.00 to be used for sustaining training, support, and capital
There is an annual contribution of $6,500.00 to be used for sustaining training, support, and capital
replacement for an armored asset and other designated equipment. This contribution will be funded
within the PD annual budget.
RECOMMENDATION
Approve Resolution 23-R-40 to authorize the Police Department to participate in the Alamo Area Metro
SWAT Team. This will secure a SWAT Team response capability, that includes Entry/Containment,
Sniper, Crisis Negotiation, and Tactical Medics for critical incidents within the City of Schertz's defined
jurisdiction.
Attachments
Alamo Area SWAT ILA April 2023
Resolution No 23.R.40
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REGIONAL LAW ENFORCEMENT SUPPORT for
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak, Seguin, Selma, Schertz, Universal City and
Windcrest
INTERLOCAL COOPERATION AGREEMENT
THE STATE OF TEXAS
COUNTY OF BEXAR
This Interlocal Cooperation Agreement (the “Agreement”) is made and entered into by and
between the City of Cibolo, City of Converse, Judson Independent School District, the City of
Kirby, the City of Live Oak, the City of Seguin, the City of Selma, the City of Schertz, the City of
Universal City, and the City of Windcrest, (collectively, “the Parties”), acting by and through their
authorized representatives.
Whereas, the Alamo Area Metro SWAT Team (SWAT Team), hereafter referred to as the
SWAT Team, is in vast need of team equipment, and operating/training needs. For these items
to be purchased it would cost a significant amount of funding and the resources are not
available to the individual Cities who are a party to the SWAT Team, but collectively makes
purchasing the resources and assets feasible. The team is also in need of funds to replace
equipment, purchase additional expendable items used during deployments, and provide for
training needs.
Whereas, the participating jurisdictions in the SWAT Team have agreed to enter into this
agreement to develop a sustaining fund for the purchase of assets and equipment to assist with
its operating needs and the Fund being established shall be called the Regional Law
Enforcement Support Fund (“The Fund”); and
Whereas, the participating jurisdictions and the respective Governing Bodies have determined
that entering into this agreement will achieve a municipal public purpose to ensure the safety
and welfare of the citizens of the participating jurisdictions; and
Whereas, the participating jurisdictions to the Fund agree to establish an Oversight Committee
consisting of the Chiefs of Police for each entity entering into this Agreement, to establish and
assist with policy decisions associated with expending the funds within the Fund and
maintaining the vision for the Fund; and
Whereas, Chapter 362, Sec. 362.001 et seq., Texas Local Government Code, authorizes a
county or municipality by resolution of its governing body to enter into an agreement with any
neighboring municipality or contiguous county for the formation of a mutual aid law enforcement
task force to cooperate in the investigation of criminal activity and enforcement of the laws of
this State; and
Whereas, the Parties, and other cities and agencies which may hereafter become parties after
this agreement is entered, desire to form a mutual aid law enforcement task force wherein the
specialized equipment, facilities and trained personnel of their respective police departments or
law enforcement agencies are available to each other as requested and required; additionally a
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joint tactical or SWAT team (Special Weapons and Tactics Team) hereafter referred to as the
Alamo Area Metro SWAT Team shall be created under this Agreement; and
Whereas, pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791
(the “Act”), as amended, cities, counties, special districts, and other legally constituted political
subdivisions of the State of Texas are authorized to enter into inter-local contracts and
agreements with each other regarding governmental functions and services as set forth in the
Act; and
Whereas, the Parties each provide law enforcement services to the citizens of their respective
jurisdictions; and
Whereas, the Parties desire to provide Special Weapons and Tactics (SWAT) capabilities
within Bexar, Comal, and Guadalupe Counties in accordance with Chapter 418 of the Texas
Government Code and Chapter 362 of the Texas Local Government Code, as applicable; and
Whereas, the Parties desire to coordinate and form the multi-agency Alamo Area Metro SWAT
Team for deployment within the jurisdictions of participating agencies and other surrounding
areas and desire to enter into this agreement to ensure that there are finances available for to
the SWAT Team to purchase assets and equipment as necessary now and in the future in
accordance with Chapter 418 of the Texas Government Code and Chapter 362 of the Texas
Local Government Code, as applicable; and
Whereas, the Parties to this Agreement understand that entering into this Agreement in no way
obligates any Party to participate in any tactical response activities.
NOW, THEREFORE, pursuant to the Act and as otherwise authorized and permitted by the
laws of the State of Texas, for and in consideration of the covenants, conditions, and
undertakings hereinafter described, and subject to each and every term and condition of this
Agreement, the Parties contract, covenant and agree as follows:
Article One – Findings and Declarations
Section 1.1 The recitals hereinabove set forth are incorporated herein for all purposes
and are found by the City Councils of Cibolo, Converse, Kirby, Live Oak, Seguin, Selma,
Schertz, Universal City, Windcrest, and the Board of Trustees of Judson ISD to be true and
correct. It is further found and determined that the City Councils of Cibolo, Converse, Kirby, Live
Oak, Seguin, Selma, Schertz, Universal City, Windcrest, and the Board of Trustees of Judson
ISD have authorized and approved this Agreement by resolution duly adopted by each of the
City Councils and Board of Trustees.
Section 1.2 It is the declared and stated intent of the Parties that the terms,
conditions, and provisions of this Agreement may be enforced by each of the Parties, jointly or
independently, either at law or in equity, and the Parties shall be deemed to have waived any
claim or right that is inconsistent with this Agreement and shall be stopped from challenging any
term, provision, or condition hereof.
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Article Two – Purpose
The purpose of this Agreement is to coordinate multiple law enforcement agencies to provide
adequate assets, training, and equipment in responding to law enforcement SWAT incidents
within the Randolph Metro Area and participating jurisdictions with Bexar, Comal, and
Guadalupe Counties.
Article Three – Administration
Section 3.1 The City of Live Oak (“City”) will be the administrative agent for the Fund
under this Agreement pursuant to the Act.
Section 3.2 For the purpose of continuity of records management, audit process, and
centralizing inventory control, and pursuant to this Agreement, all decision making, and
administration of Vehicles, Equipment, Training, and management of the SWAT Team will be
governed according to the overall strategy approved by the Oversight Committee (see Section
3.3).
Section 3.3 The law enforcement Chiefs of each of the jurisdictions entering into this
Agreement will jointly and equally serve as Directors on the Oversight Committee to establish
and maintain direction and authorize the allocation of the financial resources in the SWAT
Team. The Chiefs may designate someone as their representative when necessary.
Section 3.5 All assets and equipment purchased pursuant to this Agreement that the
Parties must pay for, if any, will be paid from current revenues available to each respective
jurisdiction.
Section 3.6 During the term of this Agreement, the Parties agree to provide upon
request of one party (requesting party) to the other (providing party) such law enforcement
personnel, including available equipment and facilities, as may be requested for the
investigation or suppression of crime within the jurisdictional area of the requesting party;
provided that the personnel, equipment, and facilities requested are not otherwise required by
the providing party as determined by the Chief of the providing agency, or his designee.
Requests for mutual aid made pursuant to this Agreement shall be made by and to the
respective Chief or his designated representatives.
Article Four – Duties and Responsibilities of the Parties
Section 4.1 The Oversight Committee or their designee will conduct two inventories a
year of any assigned vehicles or equipment purchased pursuant to this Agreement, on a form
approved by the City. The Oversight Committee will provide the inventory lists to the City prior to
January 1st and July 1st of each year.
4
Section 4.2 The City may request, from all parties, an additional inventory of vehicles
or equipment housed and may request copies of personnel training records relating to the
regional SWAT team pursuant to this Agreement in preparation for an audit. Additional
inventories and records will be due within 30 days of receipt of a written request from the city.
Inventory records will be available to all participating jurisdictions at any time.
Section 4.3 The SWAT Team is prohibited from transferring or relocating assigned
SWAT vehicle(s) and equipment purchased with this funding pursuant to this agreement without
prior notification to the Oversight Committee.
Section 4.4 The SWAT Team will forward all maintenance records for the SWAT
vehicles and equipment purchased with this funding and housed by such parties pursuant to this
Agreement to the City of Live Oak within 30 days of work being performed. Such records will
include, but not be limited to, all records of preventative maintenance, tire replacements, and
any other maintenance work performed on the vehicles or equipment by any authorized service
facility other than at the City of Live Oak Vehicle Maintenance Department.
Section 4.5 The Parties will use the vehicles and equipment, pursuant to this
Agreement, solely for responding to incidents, related training activities, driver familiarization
activities, and community public safety events.
Section 4.6 In preparation for audits, each party will submit a Quarterly Summary
Report to the City in a format approved by the City of Live Oak, along with copies of individual
incident reports for each call for service responded to by SWAT Team. The reports will be due
no later than April 10th, July 10th, October 10th, and January 10th of each year for the previous
quarter. This report is intended to document the mobilization and use of the SWAT Team.
Section 4.7 Repairs for damages to the SWAT vehicle(s) or equipment incurred while
training, responding to an incident, or operating the vehicle or equipment for any reason will be
paid by the party operating the vehicle or equipment if such damages are the result of the
operating party’s negligence.
Section 4.8 While any law enforcement officer regularly employed by the providing
party is in the service of a requesting party pursuant to this Agreement, he shall be under the
command of the requesting party's law enforcement officer who is in charge, and said peace
officer shall have all the powers of a regular peace officer of the requesting party as though he
were within the jurisdiction where he is regularly employed; and his qualification for office with
the providing party shall constitute his qualification for office with the requesting party; and no
other oath, bond, or compensation need be made. In the performance of work or services
hereunder, each peace officer is deemed solely as an employee of his hiring agency, which
shall assume sole and exclusive responsibility for the payment of wages to the employee for
services performed under this Agreement.
Section 4.9 A peace officer employed by a providing Party covered by this Agreement
may make arrests outside the jurisdiction in which he is employed, but within the areas (any
participating jurisdiction) covered by the Agreement, provided, however, that the law
enforcement agency within the requesting jurisdiction shall be notified of such arrest without
delay. The notified agency shall make available the notice of such arrest in the same manner as
if said arrest were made by a member of the law enforcement agency of said requesting
jurisdiction.
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Section 4.10 Peace officers employed by the Parties to this Agreement shall have such
investigative and other law enforcement authority in the jurisdictional area encompassed by this
Agreement as is reasonable and proper to accomplish the purpose for which a request for
mutual aid assistance is made.
Section 4.11 The Chief of the requesting agency or his designee shall be the final
authority in deciding whether deadly force is required to bring a critical incident to an end;
provided, however, that this authority shall not limit the authority of a peace officer, confronted
with an immediate threat and no alternative, to use such force as may be required to preserve
his life or the life of another. To the maximum feasible extent, time and negotiation shall be used
to bring a critical incident to a close without loss of life or injury to a Party.
Article Five- Alamo Area Metro SWAT Team Criteria and Appointment
Article 5.1 The Alamo Area Metro SWAT Team is hereby created pursuant to this
Agreement, as an emergency response team comprised of peace officers from the agencies,
which are Parties to this Agreement. The command structure of the team will be defined and
agreed to by the Chief of each agency represented under this Agreement within the operational
policies established for the team. In appointing personnel to the Alamo Area Metro SWAT
Team, each agency represented by this Agreement shall be subject to the foregoing articles and
further subject to the following specific criteria:
(a) Each Party to this Agreement shall use the same selection, training, uniform,
fitness, and firearms standards to ensure the availability of peace officers
specifically trained in responses to and management of critical incidents
involving substantial risk of death or serious injury to persons.
(b) Each Party to this Agreement shall provide not less than sixteen hours
monthly of duty time for the joint training of peace officers from all the
participating Parties.
(c) Each Party shall also designate a peace officer to coordinate its participation
in both training and callout incidents.
Article 5.2 All peace officers designated by each Party as qualified to be appointed to
the Alamo Area Metro SWAT Team shall meet the following criteria as a minimum: not less than
minimum full time experience established by the oversight committee; demonstrated ability to
meet or surpass the fitness requirements established for team members; successful completion
of an approved basic SWAT school in special tactics; and a minimal acceptable score on the
firearms qualification course established for these officers. Further, officers assigned by each
city are subject to reassignment from the response team at the discretion of the employing
agency or command staff of the team if it is determined to be in the best interest of the team.
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Article Six – Cost Sharing/Budget and Finance
The Parties agree to budget and finance provisions for costs incurred by or in connection with
the operations, training, purchasing of assets and equipment for the SWAT Team, in
accordance with the following:
Section 6.1 For purposes of general administration, the City of Live Oak shall be
designated as the Host Police Department. The City’s police department will coordinate
budgetary expenditures with all participating jurisdictions and in association with the Oversight
Committee.
Section 6.2 All costs associated with the initial and continued outfitting of a SWAT
Team member, including but not limited to, clothing, equipment and weapons shall be the
responsibility of the employing participating Jurisdiction of any team member. This equipment
shall remain the property of the purchasing Jurisdiction. The maintenance and replacement of
individual team member’s equipment shall be the responsibility of the employing Jurisdiction. All
uniforms, weapons, and equipment purchased by participating jurisdictions are required to meet
minimum standards as established by the Oversight Committee.
Section 6.3 Any overtime costs associated with deployment operations or team
training of SWAT Team members shall be the responsibility of the employing Jurisdiction of any
participating team member.
Section 6.4 All parties understand there is need for equipment, and/or training for
specialty positions within the team, that may be utilized by any qualified team member during
the course of operations or training.
Section 6.5 Each participating Jurisdiction agrees that the annual contributions made
pursuant to this Section shall be used for sustaining annual training and support, as well as
capital replacement for an armored asset and other designated equipment.
(a) $6,500.00 represents the annual contributions by the Parties.
(b) In exchange for the City of Selma's contribution of making use of Selma's
armored asset available to the SWAT Team, the City of Selma shall not be
required to pay into the fund.
(c) Annual contributions may be approved by each Jurisdiction’s governing body in
the budget process on an annual basis. Each party paying for the performance
of governmental functions or services must make those payments from current
revenues available to the paying party.
(d) The City of Live Oak will establish a single operational budget at the direction of
the Oversight Committee. Participating Jurisdictions agree to leave any
remaining balance from that calendar year in the operational budget, which will
be held in the account to supplement/augment organizational operations with the
approval of the Oversight Committee.
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(e) In exchange for making the annual contributions and each participating
Jurisdiction shall receive the full support of the team and equipment to support
critical and planned incidents within its jurisdiction.
Section 6.6 By May of each year, the SWAT Team Commander will submit a
proposed operational budget request for approval to the Oversight Committee, itemizing
anticipated team/specialty training and team equipment purchase requests for the following
budget cycle. Each participating Party will be responsible for their annual contribution of
$6,500.00 or the amount established by the oversight committee to be placed within their
budget for consideration by respective City Councils. All team/specialty equipment purchases
made during the calendar year will be documented via an inventory database spreadsheet.
Training and equipment for individual team members will be the responsibility of each
participating Party.
Section 6.7 During unusual occurrences, emergency expenses outside the
parameters of the approved SWAT Team operational budget can be approved and ratified by
agreement with a quorum of the Board. These expenses will be incurred only out of operational
necessity (i.e., additional overtime or supplies related to a SWAT operation).
Section 6.8 All Parties intend that the budget and finance provision contained herein
shall support the activities of SWAT Team operations, training, equipment, and vehicles.
Section 6.9 Any additional equipment or vehicle needs associated with Alamo Area
Metro SWAT Team may be supported with funding under this section as determined by the
Oversight Committee.
Section 6.10 The City of Live Oak will act as the Administrator of the Alamo Area Metro
SWAT Team. The City of Live Oak’s Finance Department will create a means to track and
record the revenues and expenditures generated under this Agreement by creating a new
separate Special Revenue Fund within the reporting structure of the City to specifically record
the financial transactions under this Agreement. This fund will be audited annually as part of the
City of Live Oak’s annual audit process and will be reported as part of the City’s annual Audit
Report. The Live Oak Police Chief will serve as the administrative liaison between the Alamo
Area Metro SWAT Team Oversight Committee and the City of Live Oak Finance Department for
any required approval needed to disburse funds. As the administrative liaison, the Live Oak
Police Chief will approve and authorize appropriate expenditures as directed by the Alamo Area
Metro SWAT Team Oversight Committee and submit them to the Finance Department for final
disbursement.
Article Seven – No Co-Partnerships
It is agreed that nothing herein contained is intended or should be construed as in any
manner creating or establishing a relationship of co-partners between the Parties, or as creating
or establishing the relationship by any of the parties as agent, representative, or employee of
another party for any purpose, or in any manner, whatsoever.
8
Article Eight – Term, Renewals, and Amendments
This Agreement will be in effect for one (1) year from the effective date hereof and will
be considered automatically renewed for each succeeding year, up to a total of ten (10) such
years. This agreement may be reviewed annually, and any party may withdraw from
participation in this Agreement, with or without cause, by giving at least thirty (30) days written
notice to all of the other parties. The decision to withdraw from this Agreement by one Party will
not impact the other Parties’ participation in this Agreement. This Agreement may only be
amended by a written instrument recommended by the Oversight Committee and approved by
the Governing bodies of the Parties. This Agreement may only be amended by written
agreement of all the undersigned Parties that have not withdrawn their respective participation
under this Agreement.
If a participating jurisdiction elects to terminate their participation in this Agreement, they
shall forfeit their rights to the assets and equipment, as well as their financial contributions to the
Fund.
In the event the Parties agree to eliminate and dissolve this Agreement and the
Oversight Committee, and the Parties agree to dissolve this Agreement prior to the tenth year of
the Agreement, the parties shall distribute the assets and equipment based on a proportionate
share of their participation in the Fund.
In the event another jurisdiction not a party to the initial agreement expresses an interest
in participating, the Oversight Committee will evaluate the new jurisdiction’s participation and
vote on participation and terms, including the financial investment necessary to participate and
an Interlocal agreement reflecting the new jurisdiction’s participation and terms.
Article Nine – Benefit of Term, Renewals, and Amendments
This Agreement is intended for the exclusive and sole benefit of Alamo Area Metro
SWAT Team and neither this Agreement nor any provision thereof shall be construed to confer
or provide any benefit or right to any other person.
Article Ten – Severability Clause
If any provision of this Agreement or any application hereof shall be invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the remaining provisions and
applications shall not in any way be affected or impaired thereby.
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Article Eleven– Governing Law
This Agreement shall be construed in accordance with and governed by the laws of the
State of Texas.
Article Twelve – Governmental Immunity
It is expressly understood and agreed that in the execution of this Agreement, the
Parties hereto do not intend to waive, nor shall be deemed to waive, any immunity or defense at
law or in equity, that would otherwise be available to each against claims arising in the exercise
of governmental powers and functions including the defense of governmental or sovereign
immunity.
Article Thirteen – Authorization
The undersigned officers and/or agents are properly authorized to execute this contract
on behalf of the Parties hereto, and each hereby certifies to the other that any necessary
resolution or order extending such authority has been duly passed and are now in full force and
effect.
Article Fourteen – No Third-Party Rights
By entering into this Agreement, the Parties do not create any obligations, express or
implied, other than those set forth herein, and this Agreement shall not create any rights in
Parties not signatories hereto.
Article Fifteen – Multiple Counterparts
This Agreement may be simultaneously executed in several counterparts each of which
shall be an original and all of which shall be considered fully executed as of the date when all
parties have executed an identical counterpart, notwithstanding that all signatures may not
appear on the same counterparts.
Article Sixteen – Venue
Venue for any legal actions arising out of this Agreement shall lie exclusively in Bexar
County, Texas.
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Article Seventeen – Notices and Contacts
Unless otherwise directed in writing, notices, reports, invoices, payments, and other
documents shall be delivered to each jurisdiction as follows:
City of Cibolo City of Converse
Attn: Police Chief Attn: Police Chief
162 Loop 539 E. 402 S Seguin Rd.
Cibolo, TX 78108 Converse, TX 78109
Judson ISD City of Kirby
Attn: Police Chief Attn: Police Chief
8012 Shin Oak Drive 4130 Ackerman Rd
Live Oak, TX 78233
City of Live Oak City of Seguin
Attn: Police Chief Attn: Police Chief
8022 Shin Oak 350 N Guadalupe St.
Live Oak, TX 78233 Seguin, TX 78155
City of Selma City of Schertz
Attn: Police Chief Attn: Police Chief
9375 Corporate Drive 1400 Schertz Pkwy #6
Selma, TX 78154 Schertz, TX 78154
City of Universal City City of Windcrest
Attn: Police Chief Attn: Police Chief
2150 Universal City Blvd. 8601 Midcrown Dr.
Universal City, TX 78418 Windcrest, TX 78239
Notices mailed by any jurisdiction shall be deemed effective on the date mailed. Any
jurisdiction may change its address for receipt of reports, notices, invoices, payments, and other
documents by giving the other jurisdictions written notice of not less than seven (7) days prior to
the effective date.
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Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
CITY OF CIBOLO
By:
City Manager
Date:
State of Texas
County of Guadalupe
Before me, the undersigned Notary Public on this day personally appeared
___________________, City Manager of the City of Cibolo, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act of the City of Cibolo, a Texas municipal corporation, as its City
Manager, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
12
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
CITY OF CONVERSE
By:
City Manager
Date:
State of Texas
County of Bexar
Before me, the undersigned Notary Public on this day personally appeared
___________________, City Manager of the City of Converse, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act of the City of Converse, a Texas municipal corporation, as its City
Manager, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
(seal) NOTARY PUBLIC
STATE OF TEXAS
13
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
JUDSON INDEPENDENT SCHOOL DISTRICT
By:
JISD Board President
Date:
State of Texas
County of Bexar
Before me, the undersigned Notary Public on this day personally appeared
______________________, President of the Board of Trustees of the Judson Independent
School District, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the act of the Judson
Independent School District, a Texas independent school district, as President of its Board of
Trustees, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
(seal) NOTARY PUBLIC
STATE OF TEXAS
14
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
CITY OF LIVE OAK
By:
City Manager
Date:
State of Texas
County of Bexar
Before me, the undersigned Notary Public, on this day personally appeared
_____________________, City Manager of the City of Live Oak, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act of the City of Live Oak, a Texas municipal corporation, as its City
Manager, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
(seal) NOTARY PUBLIC
STATE OF TEXAS
15
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
CITY OF UNIVERSAL CITY
By:
City Manager
Date:
State of Texas
County of Bexar
Before me, the undersigned Notary Public, on this day personally appeared
_____________________, City Manager of the City of Universal City, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act of the City of Universal City, a Texas municipal corporation, as its
City Manager, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
(seal) NOTARY PUBLIC
STATE OF TEXAS
16
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
CITY OF WINDCREST
By:
City Manager
Date:
State of Texas
County of Bexar
Before me, the undersigned Notary Public, on this day personally appeared
_____________________, City Manager of the City of Windcrest, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act of the City of Windcrest, a Texas municipal corporation, as its City
Manager, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
(seal) NOTARY PUBLIC
STATE OF TEXAS
17
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
CITY OF SELMA
By:
Johnny Casias, City Administrator
Date:
State of Texas
County of Guadalupe
Before me, the undersigned Notary Public, on this day personally appeared
Johnny Casias , City Administrator of the City of Selma, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act of the City of Selma, a Texas municipal corporation, as its City
Administrator, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
(seal) NOTARY PUBLIC
STATE OF TEXAS
18
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
CITY OF KIRBY
By:
City Administrator/Manager
Date:
State of Texas
County of Bexar
Before me, the undersigned Notary Public, on this day personally appeared
___________________, City Administrator/Manager of the City of Kirby, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act of the City of Kirby, a Texas municipal corporation, as its City
Administrator/Manager, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
(seal) NOTARY PUBLIC
STATE OF TEXAS
19
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
CITY OF Seguin
By:
City Manager
Date:
State of Texas
County of Guadalupe
Before me, the undersigned Notary Public, on this day personally appeared
_____________________, City Manager of the City of Seguin, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act of the City of Seguin, a Texas municipal corporation, as its City
Manager, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
(seal) NOTARY PUBLIC
STATE OF TEXAS
20
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
CITY OF Schertz
By:
City Manager
Date:
State of Texas
County of Guadalupe
Before me, the undersigned Notary Public, on this day personally appeared
_____________________, City Manager of the City of Schertz, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act of the City of Schertz, a Texas municipal corporation, as its City
Manager, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
(seal) NOTARY PUBLIC
STATE OF TEXAS
RESOLUTION NO. 23-R-40
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN
AN INTERLOCAL COOPERATION AGREEMENT FOR SWAT
SERVICES BETWEEN CIBOLO, CONVERSE, JUSDSON ISD,
KIRBY, LIVE OAK, SEGUIN UNIVSRSAL CITY AND WINDCREST
AND THE CITY OF SCHERTZ OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City of Schertz Police Department strives to deliver professional
law enforcement services to the citizens of Schertz and in order to secure 24/7 SWAT Team
operational readiness and response capabilities to critical incidents; and
WHEREAS, the Alamo Area Metro SWAT Team, is in vast need of team
equipment, and operating/training needs. For these items to be purchased it would cost a
significant amount of funding and the resources are not available to the individual Cities
who are party to the Alamo Area Metro SWAT Team, but collectively makes purchasing the
resources and assets, while also providing personnel feasible; and
WHEREAS, the participating agencies provide law enforcement services to their
respective jurisdiction; and
WHEREAS, it is of benefit to all parties participating in the Alamo Area Metro
SWAT Team and to the residents in those areas, to enter into this Agreement to efficiently
provide that service to the areas designated in the Agreement; 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 the
Interlocal Cooperation Agreement to provide SWAT Team services to areas within Bexar,
Comal and Guadalupe County as 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, including this Resolution,
was given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force for one (1) year from the effective date
hereof and will be considered automatically renewed for each succeeding year, up to a total
of ten (10) years.
PASSED AND ADOPTED, this day_____of________2023.
CITY OF SCHERTZ, TEXAS
_________________________
Ralph Gutierrez, Mayor
ATTEST:
_________________________
Sheila Edmondson, City Secretary
REGIONAL LAW ENFORCEMENT SUPPORT for
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak, Seguin, Selma, Schertz, Universal City and
Windcrest
INTERLOCAL COOPERATION AGREEMENT
THE STATE OF TEXAS
COUNTY OF BEXAR
This Interlocal Cooperation Agreement (the “Agreement”) is made and entered into by and
between the City of Cibolo, City of Converse, Judson Independent School District, the City of
Kirby, the City of Live Oak, the City of Seguin, the City of Selma, the City of Schertz, the City of
Universal City, and the City of Windcrest, (collectively, “the Parties”), acting by and through their
authorized representatives.
Whereas, the Alamo Area Metro SWAT Team (SWAT Team), hereafter referred to as the
SWAT Team, is in vast need of team equipment, and operating/training needs. For these items
to be purchased it would cost a significant amount of funding and the resources are not
available to the individual Cities who are a party to the SWAT Team, but collectively makes
purchasing the resources and assets feasible. The team is also in need of funds to replace
equipment, purchase additional expendable items used during deployments, and provide for
training needs.
Whereas, the participating jurisdictions in the SWAT Team have agreed to enter into this
agreement to develop a sustaining fund for the purchase of assets and equipment to assist with
its operating needs and the Fund being established shall be called the Regional Law
Enforcement Support Fund (“The Fund”); and
Whereas, the participating jurisdictions and the respective Governing Bodies have determined
that entering into this agreement will achieve a municipal public purpose to ensure the safety
and welfare of the citizens of the participating jurisdictions; and
Whereas, the participating jurisdictions to the Fund agree to establish an Oversight Committee
consisting of the Chiefs of Police for each entity entering into this Agreement, to establish and
assist with policy decisions associated with expending the funds within the Fund and
maintaining the vision for the Fund; and
Whereas, Chapter 362, Sec. 362.001 et seq., Texas Local Government Code, authorizes a
county or municipality by resolution of its governing body to enter into an agreement with any
neighboring municipality or contiguous county for the formation of a mutual aid law enforcement
task force to cooperate in the investigation of criminal activity and enforcement of the laws of
this State; and
Whereas, the Parties, and other cities and agencies which may hereafter become parties after
this agreement is entered, desire to form a mutual aid law enforcement task force wherein the
specialized equipment, facilities and trained personnel of their respective police departments or
law enforcement agencies are available to each other as requested and required; additionally a
joint tactical or SWAT team (Special Weapons and Tactics Team) hereafter referred to as the
Alamo Area Metro SWAT Team shall be created under this Agreement; and
Whereas, pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791
(the “Act”), as amended, cities, counties, special districts, and other legally constituted political
subdivisions of the State of Texas are authorized to enter into inter-local contracts and
agreements with each other regarding governmental functions and services as set forth in the
Act; and
Whereas, the Parties each provide law enforcement services to the citizens of their respective
jurisdictions; and
Whereas, the Parties desire to provide Special Weapons and Tactics (SWAT) capabilities within
Bexar, Comal, and Guadalupe Counties in accordance with Chapter 418 of the Texas
Government Code and Chapter 362 of the Texas Local Government Code, as applicable; and
Whereas, the Parties desire to coordinate and form the multi-agency Alamo Area Metro SWAT
Team for deployment within the jurisdictions of participating agencies and other surrounding
areas and desire to enter into this agreement to ensure that there are finances available for to
the SWAT Team to purchase assets and equipment as necessary now and in the future in
accordance with Chapter 418 of the Texas Government Code and Chapter 362 of the Texas
Local Government Code, as applicable; and
Whereas, the Parties to this Agreement understand that entering into this Agreement in no way
obligates any Party to participate in any tactical response activities.
NOW, THEREFORE, pursuant to the Act and as otherwise authorized and permitted by the
laws of the State of Texas, for and in consideration of the covenants, conditions, and
undertakings hereinafter described, and subject to each and every term and condition of this
Agreement, the Parties contract, covenant and agree as follows:
Article One – Findings and Declarations
Section 1.1 The recitals hereinabove set forth are incorporated herein for all purposes
and are found by the City Councils of Cibolo, Converse, Kirby, Live Oak, Seguin, Selma,
Schertz, Universal City, Windcrest, and the Board of Trustees of Judson ISD to be true and
correct. It is further found and determined that the City Councils of Cibolo, Converse, Kirby, Live
Oak, Seguin, Selma, Schertz, Universal City, Windcrest, and the Board of Trustees of Judson
ISD have authorized and approved this Agreement by resolution duly adopted by each of the
City Councils and Board of Trustees.
Section 1.2 It is the declared and stated intent of the Parties that the terms,
conditions, and provisions of this Agreement may be enforced by each of the Parties, jointly or
independently, either at law or in equity, and the Parties shall be deemed to have waived any
claim or right that is inconsistent with this Agreement and shall be stopped from challenging any
term, provision, or condition hereof.
Article Two – Purpose
The purpose of this Agreement is to coordinate multiple law enforcement agencies to provide
adequate assets, training, and equipment in responding to law enforcement SWAT incidents
within the Randolph Metro Area and participating jurisdictions with Bexar, Comal, and
Guadalupe Counties.
Article Three – Administration
Section 3.1 The City of Live Oak (“City”) will be the administrative agent for the Fund
under this Agreement pursuant to the Act.
Section 3.2 For the purpose of continuity of records management, audit process, and
centralizing inventory control, and pursuant to this Agreement, all decision making, and
administration of Vehicles, Equipment, Training, and management of the SWAT Team will be
governed according to the overall strategy approved by the Oversight Committee (see Section
3.3).
Section 3.3 The law enforcement Chiefs of each of the jurisdictions entering into this
Agreement will jointly and equally serve as Directors on the Oversight Committee to establish
and maintain direction and authorize the allocation of the financial resources in the SWAT
Team. The Chiefs may designate someone as their representative when necessary.
Section 3.5 All assets and equipment purchased pursuant to this Agreement that the
Parties must pay for, if any, will be paid from current revenues available to each respective
jurisdiction.
Section 3.6 During the term of this Agreement, the Parties agree to provide upon
request of one party (requesting party) to the other (providing party) such law enforcement
personnel, including available equipment and facilities, as may be requested for the
investigation or suppression of crime within the jurisdictional area of the requesting party;
provided that the personnel, equipment, and facilities requested are not otherwise required by
the providing party as determined by the Chief of the providing agency, or his designee.
Requests for mutual aid made pursuant to this Agreement shall be made by and to the
respective Chief or his designated representatives.
Article Four – Duties and Responsibilities of the Parties
Section 4.1 The Oversight Committee or their designee will conduct two inventories a
year of any assigned vehicles or equipment purchased pursuant to this Agreement, on a form
approved by the City. The Oversight Committee will provide the inventory lists to the City prior to
January 1st and July 1st of each year.
Section 4.2 The City may request, from all parties, an additional inventory of vehicles
or equipment housed and may request copies of personnel training records relating to the
regional SWAT team pursuant to this Agreement in preparation for an audit. Additional
inventories and records will be due within 30 days of receipt of a written request from the city.
Inventory records will be available to all participating jurisdictions at any time.
Section 4.3 The SWAT Team is prohibited from transferring or relocating assigned
SWAT vehicle(s) and equipment purchased with this funding pursuant to this agreement without
prior notification to the Oversight Committee.
Section 4.4 The SWAT Team will forward all maintenance records for the SWAT
vehicles and equipment purchased with this funding and housed by such parties pursuant to this
Agreement to the City of Live Oak within 30 days of work being performed. Such records will
include, but not be limited to, all records of preventative maintenance, tire replacements, and
any other maintenance work performed on the vehicles or equipment by any authorized service
facility other than at the City of Live Oak Vehicle Maintenance Department.
Section 4.5 The Parties will use the vehicles and equipment, pursuant to this
Agreement, solely for responding to incidents, related training activities, driver familiarization
activities, and community public safety events.
Section 4.6 In preparation for audits, each party will submit a Quarterly Summary
Report to the City in a format approved by the City of Live Oak, along with copies of individual
incident reports for each call for service responded to by SWAT Team. The reports will be due
no later than April 10th, July 10th, October 10th, and January 10th of each year for the previous
quarter. This report is intended to document the mobilization and use of the SWAT Team.
Section 4.7 Repairs for damages to the SWAT vehicle(s) or equipment incurred while
training, responding to an incident, or operating the vehicle or equipment for any reason will be
paid by the party operating the vehicle or equipment if such damages are the result of the
operating party’s negligence.
Section 4.8 While any law enforcement officer regularly employed by the providing
party is in the service of a requesting party pursuant to this Agreement, he shall be under the
command of the requesting party's law enforcement officer who is in charge, and said peace
officer shall have all the powers of a regular peace officer of the requesting party as though he
were within the jurisdiction where he is regularly employed; and his qualification for office with
the providing party shall constitute his qualification for office with the requesting party; and no
other oath, bond, or compensation need be made. In the performance of work or services
hereunder, each peace officer is deemed solely as an employee of his hiring agency, which
shall assume sole and exclusive responsibility for the payment of wages to the employee for
services performed under this Agreement.
Section 4.9 A peace officer employed by a providing Party covered by this Agreement
may make arrests outside the jurisdiction in which he is employed, but within the areas (any
participating jurisdiction) covered by the Agreement, provided, however, that the law
enforcement agency within the requesting jurisdiction shall be notified of such arrest without
delay. The notified agency shall make available the notice of such arrest in the same manner as
if said arrest were made by a member of the law enforcement agency of said requesting
jurisdiction.
Section 4.10 Peace officers employed by the Parties to this Agreement shall have such
investigative and other law enforcement authority in the jurisdictional area encompassed by this
Agreement as is reasonable and proper to accomplish the purpose for which a request for
mutual aid assistance is made.
Section 4.11 The Chief of the requesting agency or his designee shall be the final
authority in deciding whether deadly force is required to bring a critical incident to an end;
provided, however, that this authority shall not limit the authority of a peace officer, confronted
with an immediate threat and no alternative, to use such force as may be required to preserve
his life or the life of another. To the maximum feasible extent, time and negotiation shall be used
to bring a critical incident to a close without loss of life or injury to a Party.
Article Five- Alamo Area Metro SWAT Team Criteria and Appointment
Article 5.1 The Alamo Area Metro SWAT Team is hereby created pursuant to this
Agreement, as an emergency response team comprised of peace officers from the agencies,
which are Parties to this Agreement. The command structure of the team will be defined and
agreed to by the Chief of each agency represented under this Agreement within the operational
policies established for the team. In appointing personnel to the Alamo Area Metro SWAT
Team, each agency represented by this Agreement shall be subject to the foregoing articles and
further subject to the following specific criteria:
(a)Each Party to this Agreement shall use the same selection, training, uniform,
fitness, and firearms standards to ensure the availability of peace officers
specifically trained in responses to and management of critical incidents
involving substantial risk of death or serious injury to persons.
(b)Each Party to this Agreement shall provide not less than sixteen hours
monthly of duty time for the joint training of peace officers from all the
participating Parties.
(c)Each Party shall also designate a peace officer to coordinate its participation
in both training and callout incidents.
Article 5.2 All peace officers designated by each Party as qualified to be appointed to
the Alamo Area Metro SWAT Team shall meet the following criteria as a minimum: not less than
minimum full time experience established by the oversight committee; demonstrated ability to
meet or surpass the fitness requirements established for team members; successful completion
of an approved basic SWAT school in special tactics; and a minimal acceptable score on the
firearms qualification course established for these officers. Further, officers assigned by each
city are subject to reassignment from the response team at the discretion of the employing
agency or command staff of the team if it is determined to be in the best interest of the team.
Article Six – Cost Sharing/Budget and Finance
The Parties agree to budget and finance provisions for costs incurred by or in connection with
the operations, training, purchasing of assets and equipment for the SWAT Team, in
accordance with the following:
Section 6.1 For purposes of general administration, the City of Live Oak shall be
designated as the Host Police Department. The City’s police department will coordinate
budgetary expenditures with all participating jurisdictions and in association with the Oversight
Committee.
Section 6.2 All costs associated with the initial and continued outfitting of a SWAT
Team member, including but not limited to, clothing, equipment and weapons shall be the
responsibility of the employing participating Jurisdiction of any team member. This equipment
shall remain the property of the purchasing Jurisdiction. The maintenance and replacement of
individual team member’s equipment shall be the responsibility of the employing Jurisdiction. All
uniforms, weapons, and equipment purchased by participating jurisdictions are required to meet
minimum standards as established by the Oversight Committee.
Section 6.3 Any overtime costs associated with deployment operations or team
training of SWAT Team members shall be the responsibility of the employing Jurisdiction of any
participating team member.
Section 6.4 All parties understand there is need for equipment, and/or training for
specialty positions within the team, that may be utilized by any qualified team member during
the course of operations or training.
Section 6.5 Each participating Jurisdiction agrees that the annual contributions made
pursuant to this Section shall be used for sustaining annual training and support, as well as
capital replacement for an armored asset and other designated equipment.
(a)$6,500.00 represents the annual contributions by the Parties.
(b)In exchange for the City of Selma's contribution of making use of Selma's
armored asset available to the SWAT Team, the City of Selma shall not be
required to pay into the fund.
(c)Annual contributions may be approved by each Jurisdiction’s governing body in
the budget process on an annual basis. Each party paying for the performance
of governmental functions or services must make those payments from current
revenues available to the paying party.
(d)The City of Live Oak will establish a single operational budget at the direction of
the Oversight Committee. Participating Jurisdictions agree to leave any
remaining balance from that calendar year in the operational budget, which will
be held in the account to supplement/augment organizational operations with the
approval of the Oversight Committee.
(e)In exchange for making the annual contributions and each participating
Jurisdiction shall receive the full support of the team and equipment to support
critical and planned incidents within its jurisdiction.
Section 6.6 By May of each year, the SWAT Team Commander will submit a
proposed operational budget request for approval to the Oversight Committee, itemizing
anticipated team/specialty training and team equipment purchase requests for the following
budget cycle. Each participating Party will be responsible for their annual contribution of
$6,500.00 or the amount established by the oversight committee to be placed within their
budget for consideration by respective City Councils. All team/specialty equipment purchases
made during the calendar year will be documented via an inventory database spreadsheet.
Training and equipment for individual team members will be the responsibility of each
participating Party.
Section 6.7 During unusual occurrences, emergency expenses outside the
parameters of the approved SWAT Team operational budget can be approved and ratified by
agreement with a quorum of the Board. These expenses will be incurred only out of operational
necessity (i.e., additional overtime or supplies related to a SWAT operation).
Section 6.8 All Parties intend that the budget and finance provision contained herein
shall support the activities of SWAT Team operations, training, equipment, and vehicles.
Section 6.9 Any additional equipment or vehicle needs associated with Alamo Area
Metro SWAT Team may be supported with funding under this section as determined by the
Oversight Committee.
Section 6.10 The City of Live Oak will act as the Administrator of the Alamo Area Metro
SWAT Team. The City of Live Oak’s Finance Department will create a means to track and
record the revenues and expenditures generated under this Agreement by creating a new
separate Special Revenue Fund within the reporting structure of the City to specifically record
the financial transactions under this Agreement. This fund will be audited annually as part of the
City of Live Oak’s annual audit process and will be reported as part of the City’s annual Audit
Report. The Live Oak Police Chief will serve as the administrative liaison between the Alamo
Area Metro SWAT Team Oversight Committee and the City of Live Oak Finance Department for
any required approval needed to disburse funds. As the administrative liaison, the Live Oak
Police Chief will approve and authorize appropriate expenditures as directed by the Alamo Area
Metro SWAT Team Oversight Committee and submit them to the Finance Department for final
disbursement.
Article Seven – No Co-Partnerships
It is agreed that nothing herein contained is intended or should be construed as in any
manner creating or establishing a relationship of co-partners between the Parties, or as creating
or establishing the relationship by any of the parties as agent, representative, or employee of
another party for any purpose, or in any manner, whatsoever.
Article Eight – Term, Renewals, and Amendments
This Agreement will be in effect for one (1) year from the effective date hereof and will
be considered automatically renewed for each succeeding year, up to a total of ten (10) such
years. This agreement may be reviewed annually, and any party may withdraw from
participation in this Agreement, with or without cause, by giving at least thirty (30) days written
notice to all of the other parties. The decision to withdraw from this Agreement by one Party will
not impact the other Parties’ participation in this Agreement. This Agreement may only be
amended by a written instrument recommended by the Oversight Committee and approved by
the Governing bodies of the Parties. This Agreement may only be amended by written
agreement of all the undersigned Parties that have not withdrawn their respective participation
under this Agreement.
If a participating jurisdiction elects to terminate their participation in this Agreement, they
shall forfeit their rights to the assets and equipment, as well as their financial contributions to the
Fund.
In the event the Parties agree to eliminate and dissolve this Agreement and the
Oversight Committee, and the Parties agree to dissolve this Agreement prior to the tenth year of
the Agreement, the parties shall distribute the assets and equipment based on a proportionate
share of their participation in the Fund.
In the event another jurisdiction not a party to the initial agreement expresses an interest
in participating, the Oversight Committee will evaluate the new jurisdiction’s participation and
vote on participation and terms, including the financial investment necessary to participate and
an Interlocal agreement reflecting the new jurisdiction’s participation and terms.
Article Nine – Benefit of Term, Renewals, and Amendments
This Agreement is intended for the exclusive and sole benefit of Alamo Area Metro
SWAT Team and neither this Agreement nor any provision thereof shall be construed to confer
or provide any benefit or right to any other person.
Article Ten – Severability Clause
If any provision of this Agreement or any application hereof shall be invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the remaining provisions and
applications shall not in any way be affected or impaired thereby.
Article Eleven– Governing Law
This Agreement shall be construed in accordance with and governed by the laws of the
State of Texas.
Article Twelve – Governmental Immunity
It is expressly understood and agreed that in the execution of this Agreement, the
Parties hereto do not intend to waive, nor shall be deemed to waive, any immunity or defense at
law or in equity, that would otherwise be available to each against claims arising in the exercise
of governmental powers and functions including the defense of governmental or sovereign
immunity.
Article Thirteen – Authorization
The undersigned officers and/or agents are properly authorized to execute this contract
on behalf of the Parties hereto, and each hereby certifies to the other that any necessary
resolution or order extending such authority has been duly passed and are now in full force and
effect.
Article Fourteen – No Third-Party Rights
By entering into this Agreement, the Parties do not create any obligations, express or
implied, other than those set forth herein, and this Agreement shall not create any rights in
Parties not signatories hereto.
Article Fifteen – Multiple Counterparts
This Agreement may be simultaneously executed in several counterparts each of which
shall be an original and all of which shall be considered fully executed as of the date when all
parties have executed an identical counterpart, notwithstanding that all signatures may not
appear on the same counterparts.
Article Sixteen – Venue
Venue for any legal actions arising out of this Agreement shall lie exclusively in Bexar
County, Texas.
Article Seventeen – Notices and Contacts
Unless otherwise directed in writing, notices, reports, invoices, payments, and other
documents shall be delivered to each jurisdiction as follows:
City of Cibolo City of Converse
Attn: Police Chief Attn: Police Chief
162 Loop 539 E. 402 S Seguin Rd.
Cibolo, TX 78108 Converse, TX 78109
Judson ISD City of Kirby
Attn: Police Chief Attn: Police Chief
8012 Shin Oak Drive 4130 Ackerman Rd
Live Oak, TX 78233
City of Live Oak City of Seguin
Attn: Police Chief Attn: Police Chief
8022 Shin Oak 350 N Guadalupe St.
Live Oak, TX 78233 Seguin, TX 78155
City of Selma City of Schertz
Attn: Police Chief Attn: Police Chief
9375 Corporate Drive 1400 Schertz Pkwy #6
Selma, TX 78154 Schertz, TX 78154
City of Universal City City of Windcrest
Attn: Police Chief Attn: Police Chief
2150 Universal City Blvd.8601 Midcrown Dr.
Universal City, TX 78418 Windcrest, TX 78239
Notices mailed by any jurisdiction shall be deemed effective on the date mailed. Any
jurisdiction may change its address for receipt of reports, notices, invoices, payments, and other
documents by giving the other jurisdictions written notice of not less than seven (7) days prior to
the effective date.
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
CITY OF CIBOLO
By:
City Manager
Date:
State of Texas
County of Guadalupe
Before me, the undersigned Notary Public on this day personally appeared
___________________, City Manager of the City of Cibolo, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act of the City of Cibolo, a Texas municipal corporation, as its City
Manager, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
CITY OF CONVERSE
By:
City Manager
Date:
State of Texas
County of Bexar
Before me, the undersigned Notary Public on this day personally appeared
___________________, City Manager of the City of Converse, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act of the City of Converse, a Texas municipal corporation, as its City
Manager, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
(seal)NOTARY PUBLIC
STATE OF TEXAS
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
JUDSON INDEPENDENT SCHOOL DISTRICT
By:
JISD Board President
Date:
State of Texas
County of Bexar
Before me, the undersigned Notary Public on this day personally appeared
______________________, President of the Board of Trustees of the Judson Independent
School District, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same as the act of the Judson
Independent School District, a Texas independent school district, as President of its Board of
Trustees, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
(seal)NOTARY PUBLIC
STATE OF TEXAS
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
CITY OF LIVE OAK
By:
City Manager
Date:
State of Texas
County of Bexar
Before me, the undersigned Notary Public, on this day personally appeared
_____________________, City Manager of the City of Live Oak, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act of the City of Live Oak, a Texas municipal corporation, as its City
Manager, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
(seal)NOTARY PUBLIC
STATE OF TEXAS
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
CITY OF UNIVERSAL CITY
By:
City Manager
Date:
State of Texas
County of Bexar
Before me, the undersigned Notary Public, on this day personally appeared
_____________________, City Manager of the City of Universal City, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act of the City of Universal City, a Texas municipal corporation, as its
City Manager, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
(seal)NOTARY PUBLIC
STATE OF TEXAS
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
CITY OF WINDCREST
By:
City Manager
Date:
State of Texas
County of Bexar
Before me, the undersigned Notary Public, on this day personally appeared
_____________________, City Manager of the City of Windcrest, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act of the City of Windcrest, a Texas municipal corporation, as its City
Manager, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
(seal)NOTARY PUBLIC
STATE OF TEXAS
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
CITY OF SELMA
By:
Johnny Casias, City Administrator
Date:
State of Texas
County of Guadalupe
Before me, the undersigned Notary Public, on this day personally appeared
Johnny Casias , City Administrator of the City of Selma, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act of the City of Selma, a Texas municipal corporation, as its City
Administrator, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
(seal)NOTARY PUBLIC
STATE OF TEXAS
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
CITY OF KIRBY
By:
City Administrator/Manager
Date:
State of Texas
County of Bexar
Before me, the undersigned Notary Public, on this day personally appeared
___________________, City Administrator/Manager of the City of Kirby, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act of the City of Kirby, a Texas municipal corporation, as its City
Administrator/Manager, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
(seal)NOTARY PUBLIC
STATE OF TEXAS
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
CITY OF Seguin
By:
City Manager
Date:
State of Texas
County of Guadalupe
Before me, the undersigned Notary Public, on this day personally appeared
_____________________, City Manager of the City of Seguin, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act of the City of Seguin, a Texas municipal corporation, as its City
Manager, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
(seal)NOTARY PUBLIC
STATE OF TEXAS
Alamo Area Metro SWAT Team
Cibolo, Converse, Judson ISD, Kirby, Live Oak
Seguin, Selma, Schertz, Universal City and Windcrest
INTERLOCAL COOPERATION AGREEMENT
IN WITHNESS WHEREOF, executed by the parties hereto, each respective entity acting by and
through its duly authorized official as required by law, on multiple counterparts each of which
shall be deemed to be original, on the date specified on the multiple counterparts executed by
each entity.
CITY OF Schertz
By:
City Manager
Date:
State of Texas
County of Guadalupe
Before me, the undersigned Notary Public, on this day personally appeared
_____________________, City Manager of the City of Schertz, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act of the City of Schertz, a Texas municipal corporation, as its City
Manager, for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2023
(seal)NOTARY PUBLIC
STATE OF TEXAS
Agenda No. 3.
CITY COUNCIL MEMORANDUM
City Council
Meeting:May 9, 2023
Department:Public Works
Subject:Resolution 23-R-39- Consideration and/or action approving a Resolution by the
City Council of the City of Schertz, Texas authorizing the Schertz Seguin Local
Government Corporation (SSLGC) Budget Amendment for Fiscal Year 2022-23
in the amount of $1,705,000 as a transfer to the Operating Fund and $1,450,000 as
a transfer to the Repair/Replacement Fund. (B.James/L. Busch)
BACKGROUND
SSLGC Staff is recommending a transfer to the Operating Fund in the amount of $1,705,000 to
appropriate $255,000 to pay for the substantial increases in the price of chemicals SSLGC utilizes in the
water treatment process and the remaining $1,450,000 will be transferred to the Repair/Replacement
Fund to be utilized for repair and replacement project expenditures for pumps and wells and future
repairs. From that $1,450,000, $750,000 will be held in reserve for future repair and replacement
project expenditures, $200,000 will be utilized for major repairs and/or replacement to pumps, and
$500,000 will be utilized for major repairs and/or replacement to wells.
The SSLGC Board approved this action at their regularly scheduled board meeting on April 20, 2023.
GOAL
Approve the SSLGC Budget Amendment transferring $1,705,000 from the Retained Earnings Fund to
the Operating Fund; and transferring $1,450,000 from the Operating Fund to the Repair/Replacement
Fund.
COMMUNITY BENEFIT
The City of Schertz is a member of the SSLGC. It is through the SSLGC that the City provides water to
its citizens. Approval of the budget amendment will ensure that the citizens of Schertz will continue to
receive this vital resource and service.
SUMMARY OF RECOMMENDED ACTION
Staff recommends approval of the Resolution for the Budget Amendment to the FY2022-2023 Annual
Budget.
FISCAL IMPACT
This budget amendment is based on reallocated SSLGC funds.
RECOMMENDATION
Staff recommends approval of Resolution 23-R-39.
Attachments
Res 23-r-39 SSLGC Budget Adjustment
Exhibit A SSLGC R23-04 Budget Amendment
RESOLUTION NO. 23-R-39
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE SCHERTZ SEGUIN LOCAL
GOVERNMENT CORPORATION (SSLGC) BUDGET AMENDMENT
FOR FISCAL YEAR 2022-23 IN THE AMOUNT OF $1,705,000 AS A
TRANSFER TO THE OPERATING FUND AND $1,450,000 AS A
TRANSFER TO THE REPAIR/REPLACEMENT FUND.
WHEREAS, the Schertz Seguin Local Government Corporation (SSLGC) is a
corporation for the provision of and transportation of water wholly owned by both the City of
Schertz and the City of Seguin; and
WHEREAS, SSLGC by-laws require that the corporation establish an annual budget and
said annual budget must be approved by the SSLGC Board of Directors and both the City of
Schertz and the City of Seguin; and
WHEREAS, the SSLGC's FY2022-2023 Annual Budget was approved by City
Council; and
WHEREAS, the proposed budget amendment for FY 2022-2023 has been approved
by the SSLGC Board of Directors at their regularly scheduled Board Meeting on April 20,
2023 as depicted in Exhibit A (“Resolution # SSLGC R23-04”) and attached hereto; and
WHEREAS, the City staff of the City of Schertz (the "City") recommends that the
City approve the Schertz Seguin Local Government Corporation Fiscal Year 2022-2023
Budget Amendment; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
approve the budget amendment to ensure that the citizens and businesses of Schertz
continue to receive excellent and vital water service.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes the approval of the Schertz Seguin
Local Government Corporation Fiscal Year 2022-2023 Amended Annual Budget as per
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, including 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 day of , 2023.
CITY OF SCHERTZ, TEXAS
Ralph Gutierrez, Mayor
ATTEST:
Sheila Edmondson, City Secretary
Exhibit A
Agenda No. 4.
CITY COUNCIL MEMORANDUM
City Council
Meeting:May 9, 2023
Department:City Manager/City Secretary
Subject:
Ordinance 23-M-11 - Consideration and/or action on amending Ordinance
15-M-32, Section 1. Time and Place of Regular Council Meetings, Section 2-2(a) of
the Code of Ordinances to be hereby amended to read "(a) Regular meetings of
the City Council shall be held on the first and third Tuesdays of each month,
provided that the City Council by motion or resolution or the City Manager in
consultation with the Mayor may cancel any such regular meeting due to
conflicting events or meetings or lack of need for a meeting so long as at least one
regular meeting of City Council is conducted each month." (Final Reading) (S.
Williams)
BACKGROUND
The City Manager and City Secretary are recommending to hold the meetings on the first and third
Tuesdays of each month based on the volume of agenda items and other business transacted at Council
meetings.
Section 4.09(c) of the City Charter of the City of Schertz, Texas provides that the City Council shall
meet at least once each month at a time and place prescribed by Ordinance. Section 2-2 of the Code of
Ordinances establishes the time and place for Council meetings. The City Council over the years has
amended this section, most recently in 2015, when they approved Ordinance 15-M-32 that established
that meetings are set on the first, second, and fourth Tuesdays of each month.
City staff will provide notice of the change of meeting dates on the front page of the City's website and
through notice in the Schertz Magazine and other media outlets the City of Schertz utilizes.
GOAL
Modify the number of City Council meeting occurrences from three times per month to two times per
month.
COMMUNITY BENEFIT
The City Manager and City Secretary are recommending to hold the meetings on the first and third
Tuesdays of each month baesd on the volume of agenda items and other business transacted at Council
meetings.
SUMMARY OF RECOMMENDED ACTION
Consideration and/or action to amend Ordinance 15-M-32, Section 1. Time and Place of Regular
Council Meetings, Section 2-2(a) of the Code of Ordinances to be hereby amended to read "(a) Regular
meetings of the City Council shall be held on the first and third Tuesdays of each month, provided
that the City Council by motion or resolution or the City Manager in consultation with the Mayor may
cancel any such regular meeting due to conflicting events or meetings or lack of need for a meeting so
long as at least one regular meeting of City Council is conducted each month."
RECOMMENDATION
Staff recommends Council approving Ordinance No. 23-M-11.
Attachments
Ordinance 23-M-11
ORDINANCE NO. 23-M-11
AN ORDINANCE AMENDING THE CITY OF SCHERTZ CODE OF
ORDINANCES ESTABLISHING THE DATES OF CITY COUNCIL
MEETINGS; PROVIDING AN EFFECTIVE DATE; AND REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE.
WHEREAS, Section 4.09(a) of the City Charter of the City of Schertz, Texas (the
“City”) provides in part that the “City Council shall meet at least once each month at a time and
place prescribed by ordinance”; and
WHEREAS, Section 2-2(a) of the City’s Code of Ordinances sets the days, times, and
places of regular meetings of the City Council; and
WHEREAS, City Council hereby finds and determines that it is appropriate to change the
dates of regular meetings of the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. Time and Place of Regular Council Meetings, Section 2-2(a) of the Code of
Ordinances is hereby amended to read as follows:
“(a) Regular meetings of the City Council shall be held on the first and third Tuesdays of
each month, provided that the City Council by motion or resolution or the City Manager
in consultation with the Mayor may cancel any such regular meeting due to conflicting
events or meetings or lack of need for a meeting so long as at least one regular meeting of
City Council is conducted each month. Regular meetings of the City Council shall
commence at 6:00 PM. Regular meetings of the City Council shall be held at the City
Council Chambers, 1400 Schertz Parkway in the City of Schertz, provided that from time
to time a regular meeting of the City Council may be conducted at a different time and/or
at another location in the City of Schertz as designed by posted written notice of the City
Secretary.”
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 Ordinance for all purposes and are adopted as
a part of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent
with any provision of this Ordinance are hereby repealed to the extent of such conflict,
and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 4. This Ordinance 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 Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the
application of such provision to other persons and circumstances shall nevertheless be
valid, and the City hereby declares that this Ordinance would have been enacted without
such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance 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, including this
Ordinance, was given, all as required by Chapter 551, as amended, Texas Government
Code.
Section 7. This Ordinance shall be effective June 1, 2023 and upon any publication
required by law.
PASSED ON FIRST READING, the _______day of __________ 2023.
PASSED, APPROVED and ADOPTED ON SECOND READING, the ______day of
________________, 2023.
CITY OF SCHERTZ, TEXAS
_____________________________
Ralph Gutierrez, Mayor
ATTEST:
Sheila Edmondson, City Secretary
Agenda No. 5.
CITY COUNCIL MEMORANDUM
City Council
Meeting:May 9, 2023
Department:Executive Team
Subject:
Application for Landmark Property Designation - Consideration and/or action
approving a Landmark Property Designation for 1001 Elbel - Clemens High
School. (S. Williams/B. James).
BACKGROUND
The Schertz Historical Preservation Committee (SHPC) received an application for Landmark Property
designation for 1001 Elbel, the site of Clemens High School. The research on the property was done by
the students in the Samuel Clemens High School History Club. At their April 27, 2023, meeting, the
SHPC voted in favor of bestowing the Landmark Property designation on 1001 Elbel.
The Landmark Property designation does not trigger any State or City regulations or restrictions.
GOAL
To recognize the places that are meaningful to the history of the community.
COMMUNITY BENEFIT
Foster a sense of pride and promote awareness of the community's history.
SUMMARY OF RECOMMENDED ACTION
The Schertz Historical Preservation Committee recommends the property at 1001 Elbel as a Landmark
Property.
RECOMMENDATION
Designate 1001 Elbel as a Landmark Property.
Attachments
Clemens HS Background
Proclamation 1001 Elbel
Landmark Property Designation
1001 Elbel Road
MAY 9, 2023
WHEREAS, The City of Schertz and the Schertz Historical Preservation Committee (SHPC) feels it
important to recognize places that represent unique features of the City landscape either by their nostalgic,
aesthetic, architectural, historic or symbolic character; and
WHEREAS, The City of Schertz specifically desires to recognize and promote awareness of those
structures that comprise the most valued historic elements of the community's past through increased
awareness of their existence; and
WHEREAS, The City of Schertz desires to recognize places that represent unique features of the
City landscape, neighborhood development, aesthetic architectural, or symbolic character, through
the creation of either heritage neighborhoods or landmark property designations; and
WHEREAS, The heritage neighborhood and/or landmark property designations shall be of such a
nature as to be free of the designation status as per Chapter 442, Section 315.006, of the Texas
Government Code; and
WHEREAS, Since its construction in 1967, Samuel Clemens has had a major impact on this
community in diverse ways that go beyond the traditional reading, writing, and arithmetic.
WHEREAS, Samuel Clemens High School has impacted the Schertz, Cibolo, and Universal
City communities by producing graduates that have gone on to be successful in sports, media,
culinary, medical services, military service, education, and business; and
WHEREAS, many graduates of Samuel Clemens High School continue to serve the community
working for the City of Schertz and introduce themselves as graduates of Samuel Clemens High
School and proudly stating that the Buffalo is the mascot; and
WHEREAS, The Samuel Clemens History Club of 2022/2023 took on the task of researching
the history and contributions of Clemens; and
WHEREAS, This community would not be the community it is without the contribution of the
school, and without the community, Clemens would not have had the impact on the students,
residents, businesses, and the legacy that is the Mighty Buffaloes; and
WHEREAS, "Once a Buff, Always a Buff”
NOW, THEREFORE, I, Ralph Gutierrez, Mayor of the City of Schertz, Texas
do hereby proclaim,
1001 Elbel Road, Schertz Texas the site of Samuel Clemens High School
as a Landmark Property.
I encourage all residents of the City of Schertz to recognize and honor the importance of this
place in our great city. Go Buffs!
IN TESTIMONY WHEREOF, I have signed
my name officially and caused the Seal of the
City of Schertz to be affixed on this the 9th of
May 2023.
_____________________________________
Ralph Gutierrez, Mayor
Agenda No. 6.
CITY COUNCIL MEMORANDUM
City Council Meeting:May 9, 2023
Department:City Secretary
Subject:Discussion and consideration and/or action on a Charter Review.
BACKGROUND
The Charter states that the City Council shall periodically review the City Charter, but it doesn't define
what "periodically" means.The City has not had a Charter Review in nine (9) years since 2014. In 2014,
the City Council appointed a Charter Review Commission. The Charter states a Charter Review
Commission is made up of five (5) to eleven (11) citizens. The Charter Review Commission sits for six
months, 180 days, and if the Council wishes to take the recommendations of that citizen panel they
could be put before the voters on November 7th, 2023 Election.
If there are specific matters that have been identified to address, the Council could craft the Charter
amendments themselves and call the election which is allowed by the Charter as an option.
GOAL
To review the City Charter periodically.
COMMUNITY BENEFIT
Reviewing the City Charter periodically allows the City Council to address needed changes or updates.
SUMMARY OF RECOMMENDED ACTION
Staff recommends that City Council review the City Charter.
RECOMMENDATION
Staff recommends that City Council review the City Charter.
Attachments
Charter Review
Agenda No. 7.
CITY COUNCIL MEMORANDUM
City Council
Meeting:May 9, 2023
Department:Planning & Community Development
Subject:
Ordinance 23-S-09 - Conduct a public hearing and consideration and/or action on
a request to rezone approximately 15 acres of land from Pre-Development District
(PRE) to Apartment/Multi-Family Residential District (R-4), located
approximately 1,800 feet east of the intersection of FM 1518 and Ray Corbett
Drive, also known as Bexar County Property Identification Number 309863, City
of Schertz, Bexar County, Texas. (First Reading) (B. James, L. Wood, S. Haas)
BACKGROUND
The applicant is proposing to rezone approximately 15 acres of land from Pre-Development District
(PRE) to Apartment/Multi-Family Residential District (R-4). The property is located on the north side
of Ray Corbett Drive, approximately 1,700 feet east of FM 1518. The property is north of the Rhine
Valley subdivision and Corbett Junior High. To the west, across Hillbrook Road are single family
residential homes. To the east are the Cibolo Creek Kennels and then the Shady Oaks Ranch events
center.
Public Hearing:
Forty (40) public hearing notices were mailed to the surrounding property owners on March 30, 2023,
with a public hearing notice published in the "San Antonio Express" on April 19, 2023. At the time of
this report (April 26, 2023) staff has received nineteen (19) opposed, one (1) in favor, and zero (0)
neutral to the proposed rezoning request. In addition to the mailed notice, Public Hearing Notice signs
were placed on the property on March 30, 2023. A significant number of property owners spoke in
opposition to this item at the Planning and Zoning Commission meeting.
If a proposed zoning change is protested in writing and signed by the owners of at least twenty percent
(20%) of the area of the lots or land immediately adjoining the area covered by the proposed zoning
change or zoning map amendment and extending 200 feet from that area, the proposed change must
receive, in order to take effect, the affirmative vote of at least three-fourths (¾) of all members of the
City Council according to LGC, Local Government Code § 211.006(d). At the time of this staff report
(May 5, 2023) the total percentage of the protested parcel acreage is 21.98%, therefore, the 3/4 vote has
been triggered for the City Council.
GOAL
The project goal is to rezone approximately 15 acres of land, located approximately 1,800 feet east of
the intersection of FM 1518 and Ray Corbett Drive, also known as Bexar County Property Identification
Number 309863 from Pre-Development District (PRE) to Apartment/Multi-Family Residential District
(R-4). Per the letter of intent submitted with the application, the proposed development will be an
Apartment/Multi-Family development with no more than 336 units.
Apartment/Multi-Family Residential District (R-4) has a maximum allowable density of 24 dwelling
units per acre; this site would be allowed a maximum of 343 units.
COMMUNITY BENEFIT
COMMUNITY BENEFIT
It is the City’s desire to promote safe, orderly, efficient development and ensure compliance with the
City’s vision of future growth.
SUMMARY OF RECOMMENDED ACTION
The Comprehensive Land Use Plan (CLUP), through the Future Land Use Plan, designates this subject
property as Mixed Use Neighborhood. This designation is intended to utilize a traditional neighborhood
design that includes a variety of uses including a mixture of residential uses. The proposed zone change
to Apartment/Multi-Family Residential District (R-4) is in conformance with the Comprehensive Land
Use designation of Mixed Use Neighborhood. The Apartment/Multi-Family Residential District
(R-4) zoning designation would allow for the mixture of residential options.
The subject property is currently zoned Pre-Development District (PRE). This district is intended as a
holding district which does not allow for any uses on the property other than what currently exist. This
property is currently vacant/undeveloped land. During the public hearing at the Planning and Zoning
Commission, it was brought up that the "Property Use Description" listed on the Bexar County
Appraisal District website is "Contaminated Land". Staff called the Texas Commission on
Environmental Quality (TCEQ) to ask if they had any records on this property, they indicated they did
not.
Multi-family residential, as would be allowed in the R-4 zoning district ideally located near major
intersections and where it can serve as a buffer between more intensive commercial uses and single
family residential uses. So in this area, the request would be more favorably viewed if it were located to
the western portion of the 26 acre tract at the northeast corner of Ray Corbett Drive and FM 1518.
However, this is not the only factor staff considers. Normally single family developments are larger
than 15 acres, but that does not mean this property could not be developed as a small single family
neighborhood or consolidated with another adjacent property. The uses to the west, dog
breeding/training and events center, with the potential noise and activity from those uses are not the
ideal adjacent uses for a singe family residential neighborhood. Lastly, the City Council has shown
deference to property owners wishing to develop their property, so if not incompatible, those requests
have been viewed favorably.
RECOMMENDATION
Staff Recommendation:
Staff recommends approval of the proposed zone change of approximately 15 acres from
Pre-Development (PRE) to Multi-Family (R-4) as proposed, based on the compatibility with the
Comprehensive Land Use Plan.
Planning and Zoning Commission Recommendation:
The Schertz Planning and Zoning Commission met on April 12, 2023, and voted to recommend that the
City Council deny the proposed zone change as presented with a 5-0 vote. Members of the commission
felt that the proposed development was too close to single-family districts. There was concern that the
potential added traffic was not appropriate for the area, and that apartment/multi-family districts should
be closer to major thoroughfares (FM 1518 in this case) to act as a buffer between commercial uses on
said thoroughfares and single-family districts.
Attachments
Ordinance 23 S 09
Exhibit A - Metes and Bounds
Exhibit B - Zoning Exhibit
Aerial Exhibit
Public Hearing Notice Map
Public Hearing Responses as of 4.26.23
Hillbrook Zoning presentation
ORDINANCE NO. 23-S-09
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING
APPROXIMATELY 15 ACRES OF LAND FROM PRE-DEVELOPMENT
DISTRICT (PRE) TO APARTMENT/MULTI-FAMILY DISTRICT (R-4),
LOCATED APPROXIMATELY 1,800 FEET EAST OF THE
INTERSECTION OF FM 1518 AND RAY CORBETT DRIVE, ALSO
KNOWN AS BEXAR COUNTY PROPERTY IDENTIFICATION NUMBER
309863, CITY OF SCHERTZ, BEXAR COUNTY, TEXAS.
WHEREAS, an application to rezone approximately 15 acres of land from Pre-
Development District (PRE) to Apartment/Multi-Family Residential District (R-4), located
approximately 1,800 feet east of the intersection of FM 1518 and Ray Corbett Drive, and more
specifically described in the Exhibit A and Exhibit B attached herein (herein, the “Property”) has
been filed with the City; and
WHEREAS, the City’s Unified Development Code Section 21.5.4.D. provides for certain
criteria to be considered by the Planning and Zoning Commission in making recommendations to
City Council and by City Council in considering final action on a requested zone change (the
“Criteria”); and
WHEREAS, on April 12, 2023, the Planning and Zoning Commission conducted a public
hearing and, after considering the Criteria, made a recommendation to City Council to deny the
requested rezoning to Apartment/Multi-Family District (R-4); and
WHEREAS, on May 9, 2023, the City Council conducted a public hearing and after
considering the Criteria and recommendation by the Planning and Zoning Commission, determined
that the requested zoning be approved as provided for herein.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The Property as shown and more particularly described in the attached Exhibit
A and Exhibit B, is hereby zoned Apartment/Multi-Family District (R-4)
Section 2. The Official Zoning Map of the City of Schertz, described and referred to in
Article 2 of the Unified Development Code, shall be revised to reflect the above
amendment.
Section 3. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as
a part of the judgment and findings of the Council.
Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent
with any provision of this Ordinance are hereby repealed to the extent of such conflict, and
the provisions of this Ordinance shall be and remain controlling as to the matters resolved
herein.
Section 5. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 6. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the
City hereby declares that this Ordinance would have been enacted without such invalid
provision.
Section 7. It is officially found, determined, and declared that the meeting at which this
Ordinance 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, including this Ordinance,
was given, all as required by Chapter 551, as amended, Texas Government Code.
Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz,
and this Ordinance shall not operate to repeal or affect any other ordinances of the City of
Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the
provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby
repealed.
PASSED ON FIRST READING, the _th day of May 2023.
PASSED, APPROVED and ADOPTED ON SECOND READING, the __rd day of May,
2023.
CITY OF SCHERTZ, TEXAS
Ralph Gutierrez, Mayor
ATTEST:
Sheila Edmondson, City Secretary
(city seal)
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HILLBROOK DR.
TRACT ONE
N 30°19' 31" W 587.43'N 30°16' 26" W 587.74'
S 29°57' 17" E 557.85'S 30°02' 45" E 588.32'
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D.P. INVESTMENTS, INC.
TO
RICHARD W. CASTILLON, ET UX
"TRACT ONE" - 7.009 ACRES
"TRACT TWO" - 7.221 ACRES
JUNE 30, 2009
DOC. #20090122866
EX-3
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Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community41 Inch = 250 FeetHILLBROOK RD REZONE(PLZC20220161)0 250 500125Feet
<all other values>
Freeway
Principal Arterial
Planned Principal Arterial
Secondary Arterial
Planned Secondary Arterial
Secondary Rural Arterial
Planned Secondary Rural Arterial
Residential Collector
Planned Residential Collector
Commercial Collector B
Planned Commercial Collector B
Commercial Collector A
Planned Commercial Collector A
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Highways
Major Roads
Minor Roads
Other Cities
1", 1 1/2"
2", 2 1/2"
3"
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6"
8"
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12"
16"
18"
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0 400 800 1,200200Feet
City of SchertzHillbrook Rd Rezone(PLZC20220161)Last Update: February 8, 2023
“The City of Schertz provides this Geographic Information System product "as is" without any express or impliedwarranty of any kind including but not limited to the implied warranties of merchantability and fitness for a particular purpose.In no event shall The City of S chertz be liable for any special, indirect or consequential damages or any damages whatsoever arising out of or in connectionwith the use of or performance of these materials. Information published in this product could include technical inaccuracies or typographical errors. Periodicalchanges may be made and information may be added to the information herein. The City of Schertz may make improvements and/or changes in the product(s)described herein at any time.”
City of Schertz, GIS Specialist: Bill Gardner, gis@schertz.com (210) 619-1185
Project Area
200' Buffer
City Limit Boundary
A 1219815 10237 METZ VLYB121981410243METZ VLYC121981310249METZ VLYD121981210254METZ VLYE121981110248METZ VLYF121981010242METZ VLYG121993512044RAY CORBETT DRH121993612122RAY CORBETT DRI121991910391OBERNAI PATHJ121992010397OBERNAI PATHK121992112203FORBACH DRL125536212209FORBACH DRM125536312215FORBACH DRN125536412221FORBACH DRO125536512227FORBACH DRP125536612233FORBACH DRQ125536712239FORBACH DRR125536812245FORBACH DRS125536910350LUNEVILLE LNT125538212473BELFORT PTU125541112148RAY CORBETT DR
1
Samuel Haas
From:first last <montebobbie@gmail.com>
Sent:Friday, March 31, 2023 11:51 PM
To:planning@schertz.com
Subject:PLZC20220161
hello,
i am emailing you regarding the proposed rezone at ray corbett and 1518.
we are homeowners in rhine valley, and we absolutely love our neighborhood. we chose this area because of how
secluded, yet close to town it is. the infrastructure is already decades behind, it is unimaginable that it would be able to
support more cars on the road from an apartment complex. it would be a great tragedy for our young family and the
many others in our neighborhood. crime and property values are also a huge concern for us. our development is a tight
knit community, and having apartments so close is very alarming. we are not in favor of this proposal.
--
Bobbie Monte
1
Samuel Haas
From:Shakari Carson <stgreene@yahoo.com>
Sent:Wednesday, April 5, 2023 2:10 PM
To:planning@schertz.com
Subject:Opposition to request for PLZC20220161
Hello,
Please see attached form in opposition of the zoning change.
Thanks,
Theodore and Shakari Greene
Ord. 23-S-09
15 Acre Zone Change Request from Pre -
Development District (PRE) to
Apartment/Multi -Family District (R -4)
Samuel Haas| SENIOR PLANNER
March 30 th
40 Public Hearing notices
were sent & 2 notice signs
were placed on the property.
A public hearing notice was
published in the "San
Antonio Express" on April
19, 2023
Responses
Received as of
April 26 th, 2023.
1 In Favor
19 Opposed
LGC 211.006.d
….in accordance with this
subsection, the proposed
change must receive, in order
to take effect, the
affirmative vote of at least
three-fourths of all
members of the governing
body
The protest must be written
and signed by the owners of
at least 20 percent of:
the area of the lots or land
immediately adjoining the
area covered by the proposed
change and extending 200
feet from that area.
Proposed Rezone (14.32 ac)
Proposed Zoning is Apartment/Multi -Family
Residential District (R -4)
Current Zoning is Pre -Development
District (PRE)
Per applicant Letter of Intent –proposed development will
be an apartment complex with 336 dwelling units
Property is 14.32 Acres -Maximum allowed by R -4 is 24
units per acer or 343 units
Staff Analysis
Comp Plan Conformance:
The property is currently under the land use
designation of Mixed Use Neighborhood. This
designation is intended to utilize a traditional
neighborhood design that includes a mixture of
residential uses.
The property is currently surrounded by a mixture
of residential, public institutions (schools), and
vacant properties. The proposed rezoning to
Apartment/Multi -Family Residential District (R -4)
is compatible with the surrounding mix of land
uses.
Recommendation
Planning and Zoning Commission Recommendation:
The Schertz Planning and Zoning Commission met on April 12, 2023, and
voted to recommend that the City Council deny the proposed zone change
as presented with a 5 -0 vote.
Staff Recommendation:
Staff recommends approval of the proposed zone change of approximately
15 acres from Pre -Development (PRE) to Apartment/Multi -Family (R -4) as
proposed, based on the compatibility with the Comprehensive Land Use
Plan.
Current Condition of Property
COMMENTS & QUESTIONS
Agenda No. 8.
CITY COUNCIL MEMORANDUM
City Council
Meeting:May 9, 2023
Department:Planning & Community Development
Subject:
Ordinance 23-S-10 - Conduct a public hearing and consideration and/or action on
a request to rezone approximately 1 acre of land from Single-Family Residential
District (R-1) to Neighborhood Services District (NS), located approximately 600
feet south of the intersection of FM 3009 and Live Oak Road, also known as
Guadalupe County Property Identification Number 67544, City of Schertz,
Guadalupe County, Texas. (First Reading). (B. James, L. Wood, S. Haas)
BACKGROUND
The applicant is proposing to rezone approximately 1 acre of land from Single Family
Residential District (R-1) to Neighborhood Services District (NS).
Public Notice:
Twenty-five (25) public hearing notices were mailed to the surrounding property owners on March 30,
2023, with a public hearing notice published in the "San Antonio Express" on April 19, 2023. At the
time of this report (April 26, 2023) staff has received three (3) opposed, zero (0) in favor, and zero (0)
neutral to the proposed rezoning request. In addition to the mailed notice, Public Hearing Notice signs
were placed on the property on March 30, 2023.
GOAL
The project goal is to rezone approximately 1 acre of land, generally located approximately 600 feet
south of the intersection of FM 3009 and Live Oak Road, also known as Guadalupe County Property
Identification Number 67544 from Single-Family Residential District (R-1) to Neighborhood Services
District (NS). Per the letter of intent submitted with the application, the applicant is proposing a medical
office building with a pharmaceutical drive-thru.
COMMUNITY BENEFIT
It is the City’s desire to promote safe, orderly, efficient development and ensure compliance with the
City’s vision of future growth.
SUMMARY OF RECOMMENDED ACTION
The Comprehensive Land Use Plan (CLUP), through the Future Land Use Plan designates the property
as Single-Family Residential. The Single-Family Residential land use is intended to utilize a traditional
neighborhood design and may have limited commercial development to support the daily activities of
the development. The proposed zone change to Neighborhood Services District (NS) would conform to
the land use designation as the light-intensity commercial activities permitted within the district align
with the Comprehensive Plan.
The FM 3009 corridor has a variety of land uses and zoning designations. The development of this
corridor is utilizing traditional neighborhood design, and needs supportive commercial uses. Directly
adjacent, north of the property is Fresenius Medical Care which is another medical office building, This
development would supplement the existing medical office uses in the area.
The subject property is currently zoned Single-Family Residential District (R-1). The proposed zone
change would allow for a consistent zoning designation and provide consistent commercial activity
along FM 3009.
RECOMMENDATION
Staff Recommendation:
Staff recommends approval of the request to rezone approximately 1 acre of land from Single-Family
Residential District (R-1) to Neighborhood Services District (NS), based on the compatibility with the
Comprehensive Land Use Plan, and the compatibility with existing land uses in the area.
Planning and Zoning Commission Recommendation:
The Schertz Planning and Zoning Commission met on April 12, 2023, and voted to recommend that the
City Council approve the proposed zone change as presented with a 5-0 vote.
Attachments
Ordinance 23 S 10
Exhibit A - Metes and Bounds
Exhibit B - Zoning Exhibit
Aerial Exhibit
Public Hearing Notice Map
Public Hearing Responses as of 4.26.23
City Council Presentation Slides
ORDINANCE NO. 23-S-10
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING
APPROXIMATELY 1 ACRE OF LAND FROM SINGLE-FAMILY
RESIDENTIAL DISTRICT (R-1) TO NEIGHBORHOOD SERVICES
DISTRICT (NS), LOCATED APPROXIMATELY 600 FEET SOUTH OF
THE INTERSECTION OF FM 3009 AND LIVE OAK ROAD, ALSO
KNOWN AS GUADALUPE COUNTY PROPERTY IDENTIFICATION
NUMBER 67544, CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS.
WHEREAS, an application to rezone approximately 1 acre of land from Single-Family
Residential District (R-1) to Neighborhood Services District (NS), located approximately 600 feet
south of the intersection of FM 3009 and Live Oak Road, and more specifically described in the
Exhibit A and Exhibit B attached herein (herein, the “Property”) has been filed with the City; and
WHEREAS, the City’s Unified Development Code Section 21.5.4.D. provides for certain
criteria to be considered by the Planning and Zoning Commission in making recommendations to
City Council and by City Council in considering final action on a requested zone change (the
“Criteria”); and
WHEREAS, on April 12, 2023, the Planning and Zoning Commission conducted a public
hearing and, after considering the Criteria, made a recommendation to City Council to approve the
requested rezoning to Neighborhood Services District (NS); and
WHEREAS, on May 9, 2023, the City Council conducted a public hearing and after
considering the Criteria and recommendation by the Planning and Zoning Commission, determined
that the requested zoning be approved as provided for herein.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The Property as shown and more particularly described in the attached Exhibit
A and Exhibit B, is hereby zoned Neighborhood Services District (NS)
Section 2. The Official Zoning Map of the City of Schertz, described and referred to in
Article 2 of the Unified Development Code, shall be revised to reflect the above
amendment.
Section 3. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as
a part of the judgment and findings of the Council.
Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent
with any provision of this Ordinance are hereby repealed to the extent of such conflict, and
the provisions of this Ordinance shall be and remain controlling as to the matters resolved
herein.
Section 5. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 6. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the
City hereby declares that this Ordinance would have been enacted without such invalid
provision.
Section 7. It is officially found, determined, and declared that the meeting at which this
Ordinance 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, including this Ordinance,
was given, all as required by Chapter 551, as amended, Texas Government Code.
Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz,
and this Ordinance shall not operate to repeal or affect any other ordinances of the City of
Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the
provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby
repealed.
PASSED ON FIRST READING, the _th day of May 2023.
PASSED, APPROVED and ADOPTED ON SECOND READING, the __rd day of May,
2023.
CITY OF SCHERTZ, TEXAS
Ralph Gutierrez, Mayor
ATTEST:
Sheila Edmondson, City Secretary
(city seal)
N
W E
S
PROJECT
NUMBER
DATE ISSUED:
legal description
ANLARR DESIGNS
PHONE : 832 849 0048
WWW.ANLARR.COM
FM
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ALL IDEAS, DESIGNS, ARRANGEMENTS AND PLANS
INDICATED OR REPRESENTED BY THIS DRAWING ARE
OWNED BY AND ARE THE PROPERTY OF THE
DESIGNER. THEY HAVE BEEN CREATED, EVOLVED
AND DEVELOPED FOR USE ON AND IN CONNECTION
OF THE SPECIFIED PROJECT ONLY. NONE OF SUCH
IDEAS, DESIGNS, ARRANGEMENTS OR PLANS SHALL
BE USED BY OR DISCLOSED TO ANY PERSON, FIRM
OR CORPORATION FOR ANY OTHER PURPOSE
WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF
THE DESIGNER.
WRITTEN DIMENSIONS SHALL TAKE PRECEDENCE
OVER SCALED DIMENSIONS. CONTRACTORS SHALL
VERIFY AND BE RESPONSIBLE FOR INSTALLATION AND
CONDITIONS ON THE SITE. DESIGNER MUST BE
NOTIFIED OF ANY VARIATIONS FROM THE
CONDITIONS SHOWN ON THESE DRAWINGS.
7207 REGENCY SQUARE BLVD.
#225, HOUSTON , TX 77036
ZONING
EXHIBIT
LOCATION MAP1N.T.S.
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24136ATIEE INVESTMENTGROUP INC
21026DOVE MEADOWS COMMIMPROV ASSOC
25161PURCELLMARK A
67545BURROUGHS VISTALIVESTOCK
25162ESCANUELADANIEL & BRANDI
67534DIETZ JUDITHM, PMB 321
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25116MERCADO EDWARDR & SHEILA
25117HARDINGPAMELA MARIE
25118PEARSONLIVING TRUST
25119CARLSON GERALDO & JEANNINE
25115BURKETTOLLIE G & D
67544HANSAI LLC
67539DIETZ O L
67535P H A ENTERPRISEDLTD, PMB 321
25113REINHARDTMARK A
25114MCFARLAND LAURALIVING TRUST
67482CIBOLO CREEKMUNICIPAL AUTHORITY
67627CITYOF SCHERTZ
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SDR 35
8" PVC
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8" PVC
SDR 26
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Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
1 Inch = 100 FeetFM 3009 REZONE(PLZC20220213)0 100 200 30050Feet
<all other values>
Freeway
Principal Arterial
Planned Principal Arterial
Secondary Arterial
Planned Secondary Arterial
Secondary Rural Arterial
Planned Secondary Rural Arterial
Residential Collector
Planned Residential Collector
Commercial Collector B
Planned Commercial Collector B
Commercial Collector A
Planned Commercial Collector A
<all other values>
Highways
Major Roads
Minor Roads
Other Cities
1"
2"
3"
4"
6"
8"
10"
12"
16"
18"
20"
24"
30"
36"
Schertz Gravity
Schertz Pressure
Neighboring Gravity
Private Pressure
200' Buffer
Schertz Municipal Boundary
County Boundaries
U Hydrant
!P Manholes4
100HOWARD DR(25161)
1787 FM 3009(67545)
141 THOMASEDISON DR(25162)
12
0
9
C
Y
R
U
S
M
C
C
O
R
M
I
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K
(2
5
3
1
2
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12
1
3
C
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R
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S
M
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C
O
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M
I
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K
(2
5
3
1
3
)
116LINCOLN DR(25116)
112LINCOLN DR(25117)
108LINCOLN DR(25118)
104LINCOLN DR(25119)
120LINCOLN DR(25115)
FM 3009(67544)
FM 3009(67539)
132LINCOLN DR(25113)
128LINCOLN DR(25114)
12
0
8
C
Y
R
U
S
M
C
C
O
R
M
I
C
K
(2
5
3
2
4
)
12
0
4
C
Y
R
U
S
M
C
C
O
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M
I
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K
(2
5
3
2
5
)
1
2
0
0
C
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R
U
S
M
C
C
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I
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K
(
2
5
3
2
6
)
1
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0
1
C
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E
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W
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D
(
4
1
5
9
6
)
1
2
0
8
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L
I
W
H
I
T
N
E
Y
(2
5
3
1
0
)
12
0
5
C
Y
R
U
S
M
C
C
O
R
M
I
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(2
5
3
1
1
)
1213 ELIWHITNEY(25300)
12
1
7
E
L
I
W
H
I
T
N
E
Y
(2
5
3
0
1
)
12
1
6
E
L
I
W
H
I
T
N
E
Y
(2
5
3
0
8
)
12
1
2
E
L
I
W
H
I
T
N
E
Y
(2
5
3
0
9
)
FM 3009(UNAVAILABLE)
LAURA
N
P
A
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K
D
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MORNIN
G
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FIREST
O
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ARBOR
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GREENWOOD
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F
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HOWAR
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RICHAR
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R
E L I W HI T N E Y
F
M
3
0
0
9
CYRUS
M
C
C
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I
C
K
LIVE O
A
K
R
D
P A T RI C K H E N R Y
THOMA
S
E
D
I
S
O
N
D
R
LINC
O
L
N
D
R
4
0 200 400 600100 Fe e t
City of Sche rtzFM 3009 Re zone(PLZ C20220213)
Last Update : Fe bruary 8, 2023
“T he City of Sche rtz provide s this Ge og raphic Inform ation Syste m product "as is" without any e x pre ss or im plie dwarranty of any k ind including but not lim ite d to the im plie d warrantie s of m e rchantability and fitne ss for a particular purpose .In no e ve nt shall T he City of Sche rtz be liable for any spe cial, indire ct or conse que ntial dam ag e s or any dam ag e s w hatsoe ve r arising out of or in conne ctionwith the use of or pe rform ance of the se m ate rials. Inform ation publishe d in this product could include te chnical inaccuracie s or typog raphical e rrors. Pe riodicalchang e s m ay be m ade and inform ation m ay be adde d to the inform ation he re in. T he City of Sche rtz m ay m ake im prove m e nts and/or change s in the product(s)de scribe d he re in at any tim e .”
City of Sche rtz, GIS Spe cialist: Bill Gardne r, gis@sche rtz.com (210) 619-1185
Proje ct Are a 200' Buffe r
1
Samuel Haas
From:Kim Roza PEREIRA <kimrozapereira@gmail.com>
Sent:Wednesday, April 5, 2023 6:12 AM
To:planning@schertz.com
Subject:Request for PLZC20220213
4/5/23
I am opposed to Request for PLZC20220213.
We do not need more commercial, retail, food, or medical business built on FM3009. How many car washes, chicken
joints do we need on our street. I have lived in Schertz for 6 1/2 years now and have seen so much development but I
don't think it helps.
Traffic is horrible on FM 3009. Speeding cars and semi trucks. Trucks downshifting noise is increasing. Pulling off the
street in the morning is awful and scary. Also, cutting down more green space doesn't help the environment. I used to
be able to drive around and see many bluebonnets, not any more.
Thank you
Kim Roza-Pereira
1208 Cyrus McCormick
Schertz TX
Ord. 23-S-10
1 Acre Zone Change Request from Single -
Family Residential District (R -1) to
Neighborhood Services District (NS)
Samuel Haas| SENIOR PLANNER
March 30th
25 Public Hearing notices
were sent & a notice sign was
placed on the property.
A public hearing notice was
published in the "San Antonio
Express" on April 19, 2023
Responses
Received as of April
26th, 2023
3 Opposed
Proposed Rezone (1 ac)
Neighborhood Services District (NS)
allows for light commercial uses
Proposed Zoning is Neighborhood
Services District (NS)
Current Zoning is Single Family
Residential District (R -1)
Per applicant Letter of Intent –
proposed development will be a
medical office with pharmaceutical
drive -thru
Staff Analysis
Comp Plan Conformance:
•The current land use designation of the property is Single -Family
Residential. The Single -Family Residential designation may have
limited commercial development to support daily activities. The
proposed zone change to Neighborhood Services District (NS)
would conform to the land use designation as the light -intensity
commercial activities permitted within the district align with the
Comprehensive Plan .
•The FM 3009 corridor has a variety of land uses and zoning
designations. Directly adjacent, north of the property is Fresenius
Medical Care which is another medical office building, This
development would supplement the existing medical office uses in
the area.
Recommendation
Planning and Zoning Commission Recommendation:
The Schertz Planning and Zoning Commission met on April 12, 2023, and
voted to recommend that the City Council approve the proposed zone
change as presented with a 5 -0 vote.
Staff Recommendation:
Staff recommends approval of the request to rezone approximately 1 acre of
land from Single -Family Residential District (R -1) to Neighborhood Services
District (NS),based on the compatibility with the Comprehensive Land Use
Plan, and the compatibility with existing land uses in the area.
COMMENTS & QUESTIONS