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07-22-2008 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 AGENDA TUESDAY, JULY 22, 2008 AT 6:30 P.M. CALL TO ORDER INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. REGULAR SESSION 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 5 minutes. 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. ANNOUNCEMENTS • General Announcements on meetings/events attended and upcoming events (Council) • General Announcements on meetings/events attended and upcoming events (Mayor) PRESENTATION • Presentation on a City of Schertz Float (S. White) REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the approval of the minutes? of the Regular Meeting of July 15, 2008. 2. Bid Award-Consideration and/or action awarding a bid to Centuries Industries for a Showmaster 3000 Series portable stage. (G. Logan/S. White) 3. Ordinance No. 08-E-34 -Consideration and/or action approving Ordinance No. 08-E-34-calling a Home Rule Charter Amendment Election to be held in the City of Schertz, Texas on November 4, 2008, making provision for the conduct of the election; and resolving other matters incident and related to such election. (M. Spain/Council) Final Reading 7-22-08 Council Agenda 4. Ordinance No. 08-M-35 – Consideration and/or action approving an Ordinance prohibiting drilling and mining for non renewable resources or the reopening of any abandoned well or mine with the exception of water wells in any public park located within the City limits of Schertz, Texas. Final Reading (G. Logan) 5. Ordinance No. 08-M-38 – Consideration and/or action approving an ordinance imposing a 120-day moratorium on the issuance of permits for building and installing certain telecommunication antennas and towers for entities other than the City. First Reading (T. Rhodes) PUBLIC HEARINGS AND ORDINANCE APPROVAL 6. Ordinance No. 08-S-36 – ZC 2008-007 John Paul II Catholic High School – Conduct a public hearing and consideration and/or action upon a request to rezone 52.391 +/-acres of land out of the F. Rodriguez Survey No. 99, Abstract No. 484, City of Schertz, Comal County, Texas from Manufacture District – Light (M1) to Public Use District (PUB) located at the southeast intersection of FM-482 and Friesenhahn Lane. First Reading (T. Rhodes/M. Nichols) 7. Ordinance No. 08-S-37 -SUP2009-003 Windy Meadows Subdivision -Conduct a public hearing and consideration and/or action upon a request for a Specific Use Permit (SUP) for 1.0 +/-acres of land out of the Toribio Herrera Survey, Abstract No. 153, Guadalupe County, and Schertz, Texas being Lot 25, Block 2 of the Windy Meadows Subdivision to allow indoor boarding kennels in the Air Installation Compatible Use Zone (AICUZ) Accident Potential Zone – 1 (APZ-1) located approximately 370 +/-feet east of the intersection of FM-1518 and Windy Meadows Drive. First Reading (T. Rhodes/M. Nichols) ANNOUNCEMENTS – CITY MANAGER AND STAFF • General Announcements on meetings/events attended and upcoming events EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. RECONVENE TO REGULAR SESSION 8. Take any action deemed necessary as a result of the Executive Session. ADJOURNMENT CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 7-22-08 City Council Agenda Page -2 - 17th DAY OF JULY, 2008 AT 11:00 A.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. Brenda Dennis BRENDA DENNIS, TRMC, CMC CITY SECRETARY 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 _______________, 2008. ____________________________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 619-1030 at least 24 hours in advance of meeting. 7-22-08 City Council Agenda Page -3 - 7-22-08 City Council Agenda Page -4 -COUNCIL ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation Committee Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Mayor Pro-Tem Wilenchik Investment Advisory Committee Liaison -Schertz Chamber of Commerce Liaison -Board of Adjustments Audit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee AACOG Economic Development TML Board of Directors TML Municipal Revenue & Taxation Committee Councilmember Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation Advisory Board Interview Board for the Boards and Commissions Councilmember Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -50th Year Anniversary Committee Liaison -Schertz Youth Commission Liaison – TIRZ II Board Councilmember Scagliola Liaison -Transportation Safety Advisory Advisory Commission Liaison -Schertz Humane Society Alternate Interview Board for Boards and Commissions Liaison – Schertz Sweetheart Court Councilmember Trayhan Liaison -Schertz Housing Authority Audit Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: July 22, 2008 Department: Administration Subject: Minutes BACKGROUND On July 15 2008 a Regular City Council Meeting was held at the Municipal Complex Council Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the July 15, 2008 minutes. ATTACHMENT Minutes 7/15/08 City Council Regular Meeting July 15, 2008 215 MINUTES REGULAR MEETING July 15, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 15, at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present, to-wit: Mayor Hal Baldwin Council Member Jim Fowler Council Member David Scagliola Council Member John Trayhan Council Member Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager David Harris Assistant City Manager John Bierschwale City Attorney Michael Spain City Secretary Brenda Dennis Mayor Pro-Tem Tony Wilenchik was absent CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. Mayor Baldwin mentioned that Tony Wilenchik was out this evening having undergone treatments today, and asked to keep him in your prayers. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Council Member Fowler gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. HEARING OF RESIDENTS Mayor Baldwin recognized the following: • Mr. Dean Weirtz, Chair of the Schertz Historical Preservation Committee who invited Council and citizens to attend a program at the Schertz City Council Chamber, 1400 Schertz Parkway, on Thursday evening, July 17, 2008, 6:30 p.m., that examines German immigration to Texas during the years of the Republic of Texas. • Ms. Jan Wilson, 5218 Cabana Drive who spoke on Lowe’s and Mobile Villa Estate issues. • Ms. Rosemary Grayson, 5213 Cabana Drive who spoke on the proposed UDC and Land Plan. Council General Announcements: Council Member Carpenter • None City Council Regular Meeting July 15, 2008 216 Council Member Fowler • Mentioned he attended a very productive meeting with George Logan and the Friends of the North Schertz Park Committee discussing future plans. • Mentioned he had received a call on a lighting issue at a local drug store and it is being taken care of. Council Member Scagliola • None Council Member Trayhan • None Items by Mayor • Announced that Wednesday morning himself, George Autuna, Steve White and the surrounding Mayors of Universal City, Live Oak and San Marcos will be attending a meeting on transportation issues in the MetroCom area; which will be held in San Marcos. REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of July 8, 2008. Mayor Baldwin recognized Council Member Scagliola who moved, seconded by Council Member Fowler to approve the minutes of July 8, 2008. Vote was unanimous. Motion Carried 2. Resolution No. 08-R-34 -Consideration and/or action approving Resolution No. 08-R-34 approving a development agreement between NIDHI Partners LTD (La Quinta) and the City of Schertz Economic Development Corporation. (G. Antuna) Mayor Baldwin recognized Economic Development Director George Antuna who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Scagliola to approve Resolution No. 08-R-34 approving a development agreement between NIDHI Partners LTD (La Quinta) and the City of Schertz Economic Development Corporation. Vote was unanimous. Motion Carried. 3. Ordinance No. 08-E-34 -Discussion and consideration and/or action approving Ordinance No. 08-E-34 calling a Home Rule Charter Amendment Election to be held in the City of Schertz, Texas on November 4, 2008, making provision for the conduct of the election; and resolving other matters incident and related to such election. (Council) First Reading Mayor Baldwin recognized City Attorney Michael Spain who introduced this item answering questions from Council. Mr. Spain stated that he has supplied the Council with an updated ordinance reflecting the additional amendments as recommended by Mayor Pro-Tem Wilenchik and that the City Secretary will get with Sue Basham Elections Administrator to fill in the portions needed from the County for final approval. City Council Regular Meeting July 15, 2008 217 Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Council Member Trayhan to approve Ordinance No. 08-E-34 first reading. Vote was unanimous. Motion Carried. 4. Resolution No. 08-R-35 – Consideration and/or action approving Resolution No. 08-R-35 designating certain officials as being responsible for, acting for, and on behalf of the City in dealing with the Texas Parks & Wildlife Department, for the purpose of participating in the Texas Recreation & Parks Account Indoor Recreation Grant Program. (G. Logan) Mayor Baldwin recognized Parks and Recreation Director George Logan who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Carpenter to approve Resolution No. 08-R-35. Vote was unanimous. Motion Carried. 5. Ordinance No. 08-M-35 – Consideration and/or action approving an Ordinance prohibiting drilling and mining for non renewable resources or the reopening of any abandoned well or mine with the exception of water wells in any public park located within the City limits of Schertz, Texas. First Reading (G. Logan) Mayor Baldwin recognized Parks and Recreation Director George Logan who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Council Member Trayhan to approve Ordinance No. 08-M-35 first reading. Vote was unanimous. Motion Carried. DISCUSSION AND POSSIBLE ACTION 6. City Hall Renovations – Discussion and/or action regarding the City Hall renovations. (J. Bierschwale) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this item answering questions from Council. Mr. Bierschwale provided an updated photo of the proposed City Hall exterior. Council Members agreed on the updated features to the front of City Hall and it was the consensus of Council to proceed. 7. Budget Workshops – Discussion and/or action regarding setting upcoming budget workshops with City Council and staff. (D. Harris) Mayor Baldwin recognized Assistant City Manager David Harris who presented a proposed budget workshop calendar to Council for consideration. Mr. Harris got the consensus of the Council to start the workshops around 5:00 or 5:30 p.m. on the dates presented. City Council Regular Meeting July 15, 2008 218 ANNOUNCEMENTS – CITY MANAGER AND STAFF • General Announcements on meetings/events attended and upcoming events Mayor Baldwin recognized City Manager Don Taylor who mentioned the recent article in the San Antonio paper on the soldier being located. What the article did not say is that Hilary and Charles Meunier live in Schertz, TX! They have been waiting on news of their missing (MIA) son for 14 months. The City of Schertz employee staff has begun a collection for this family. Private Fouty’s remains will be brought back around July 26th so we will continue to collect money to buy gift cards for the family until Friday of this week. Donations may be taken to Connie Silvers in the Business Office or to anyone in the 311/Customer Relations Office. We anticipate the family will have out of town family and these cards will help them with food during this difficult time. Mr. Taylor stated that he is very proud of his staff for their compassion and assistance to the family and that he would be passing along more information as it comes in. EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Mayor Baldwin recessed the regular meeting to executive session at 7:07 p.m. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened regular meeting at 7:24 p.m. 8. Take any action deemed necessary as a result of the Executive Session. Mayor Baldwin recognized Council Member Fowler who moved seconded by Council Member Scagliola to approve a resolution authorizing acquisition of a tract of land from Alonzo Ramirez, Jr. and Celia F. Ramirez and terminating previously authorized condemnation proceedings relating to such property. Vote was unanimous. Motion Carried. ADJOURNMENT Mayor Baldwin announced that he received an invitation from Randolph Metrocom Chamber of Commerce to attend the second annual elected official reception on July 23, 2008 at 6:00 p.m. at Olympia Hills Conference Center. As there was no further action, Mayor Baldwin adjourned the meeting at 7:26 p.m. ______________________________ Hal Baldwin, Mayor ATTEST: _____________________________________ Brenda Dennis, TRMC, CMC City Secretary Agenda No. 2 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: July 22, 2008 Department: Economic Development Subject: Bid Award-Consideration and/or action awarding a bid to Centuries Industries for a Showmaster 3000 Series portable stage BACKGROUND The City of Schertz Economic Development Corporation (EDC) is recommending the City of Schertz City Council approve the purchase of a Centuries Industries “Showmaster 3000 Series” Portable Stage. The Showmaster Stage unit will be utilized for groundbreaking ceremonies, special events, community events, private rentals, talent shows and community fairs within our local region. The City of Schertz Purchasing Department received quotes from three vendors who have similar products. The basic package quote from Centuries Industries was the lowest at $68,767. Other basic package quotes were $81,750 from Marshall-Austin Portable Stages and $119,049 from Wenger Showmobile and portable stages. FISCAL IMPACT Funds are available in the Economic Development Corporation Reserve Fund for the purchase of the Showmaster unit. This fund presently has a balance of $1,860,540. The recommended budget of the Showmaster stage unit is $83,375 with the following upgrades: • Basic Package $68,762 • One set (8 ea) of all-weather 4’ x 8’ stage extensions: $ 6,800 • Professional Light Package $ 3,339 • Professional Sound Package: $ 4,474 Total Recommended Purchase Price: $83,375 The EDC requests the transfer of $83,375 from EDC Reserves (account number 000-499000) to Equipment Over $5,000 (account number 966-581800). The Showmaster Unit will be available for rent to outside parties. This rental revenue will remain in the EDC fund until the Showmaster has recouped all of its cost in revenue. In addition, the EDC will solicit local sponsorships from commercial vendors to advertise on the Showmaster stage unit. Any and all sponsorship revenue will be accounted for against the front end costs for early payoff. After the Showmaster Unit is paid for, it and all subsequent revenue will become City of Schertz property. All revenue then will be directed to the City of Schertz General Fund. The City of Schertz will receive free rent and usage for the Showmaster Unit for housing, maintaining and insuring the unit during payoff. City Council Memorandum Page 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the above stated City of Schertz Economic Development Corporation recommends awarding the bid to Centuries Industries in the amount of $83,375 and make the appropriate budget transfers. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 22nd day of July, 2008, at which meeting a quorum was present, held in accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq. APPROVED _________________________ Hal Baldwin, Mayor ATTEST: __________________________ Brenda Dennis, City Secretary MOBILE STAGE QUOTES VENDOR COMPANY NAME BASE BID VE N MARSHALL AUSTIN $81,750.00 NO WOULD HAVE TO BID OUT WENGER $75,005.00 YES WOULD NOT HAVE TO BID OUT CENTURY INDUSTRIES $68,762.00 YES WOULD NOT HAVE TO BID OUT Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: July 22, 2008 Department: Administration Subject: City Charter Amendments BACKGROUND The City Council has discussed presenting possible amendments to the City Charter to the voters at the November 4, 2008 election. An Ordinance calling such an election is attached. FISCAL IMPACT Cost of conducting the election, estimate $9,000 RECOMMENDATION Adoption of Ordinance No. 08-E-34 on final reading ATTACHMENT Ordinance No. 08-E-34 (Revised includes new Propositions 2 & 5) Blacklined revised Ordinance showing changes from agenda packet draft of 7-8-08 Blacklined Charter to be placed on the City’s website and made available at City Hall and Library) Updated Election Schedule ORDINANCE NO. 08-E-34 AN ORDINANCE CALLING A HOME RULE CHARTER AMENDMENT ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS ON NOVEMBER 4, 2008; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION AND DECLARING AN EFFECTIVE DATE WHEREAS, pursuant to Section 12.04 of the Home Rule Charter (the “Charter”) of the City of Schertz, Texas (the “City”), the City Council of the City, by majority vote of the full membership of the City Council reflected in this Ordinance, has recommended amendments to the Charter; and WHEREAS, the City Council of the City hereby determines to submit to the qualified voters of the City for their adoption or rejection certain proposed amendments to the Charter pursuant to the provisions of Sections 12.04 of the Charter and Section 9.004, as amended, Local Government Code; and WHEREAS, the Council hereby finds and determines that the Charter amendment election shall be held on November 4, 2008 which is the next uniform election date prescribed under the Texas Election Code, as amended; and WHEREAS, the Council hereby finds and determines that holding the proposed Charter amendment election on the next uniform election date is in the best interests of the citizens of the City; and WHEREAS, the City has contracted with the Guadalupe County Elections Administrator (the “Elections Administrator”) to conduct this election; WHEREAS, the City Secretary shall publish and post notice of this election as required by applicable law; and WHEREAS, the Council hereby finds and determines that it is in the best interests of the citizens of the City to submit, for adoption or rejection, the proposed amendments to the Charter, at the earliest possible date, in order for this Council to be advised of the wishes of the citizens of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. An election shall be held on November 4, 2008, a uniform election date in the City of Schertz, Texas, which date is not less than thirty (30) days from the date of the final adoption of this ordinance (this “Ordinance”). The official ballots for the election shall be prepared in accordance with the Texas Election Code, as amended, and the Charter so as to permit the qualified voters of the City to vote “Yes” or “No” for each of the proposed Charter amendments which shall appear on the ballot substantially as provided below. On the date of the election the following amendments to the Charter shall be submitted to the qualified voters of the City: Charter Ordinance.doc 1 Charter Amendment No. 1 “Shall Sections 4.02 and 8.01 of the existing City Charter be amended to delete the word ‘qualified’ in the references in such Sections to a person being a ‘qualified registered voter’?” Charter Proposition No. 1 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 1?” Yes ______ No ______ Charter Amendment No. 2 “Shall the second sentence of Section 4.06(c)(1) of the existing City Charter relating to filling a vacancy on the City Council when there are less than 365 days left in the vacated term be amended to read as follows?” “If there are less than 365 days remaining in the term of the vacated City Council position, the City Council may, by majority vote of the remaining Councilmembers, at its discretion appoint a new Mayor or Councilmember to fill such vacancy or call a special election to fill such vacancy.” Charter Proposition No. 2 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 2?” Yes ______ No ______ Charter Ordinance.doc 2 Charter Amendment No. 3 “Shall Sections 4.07(a), 12.02(a)(4), and 12.02(a)(5) of the existing City Charter be amended to delete the word ‘appointive’ in the references in such Sections to a person holding a ‘compensated appointive City’ position, office, or employment?” Charter Proposition No. 3 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 3?” Yes ______ No ______ Charter Amendment No. 4 “Shall Sections 4.09(e)(1) and 11.02 of the existing City Charter be amended to delete the requirement of publishing in the newspaper an entire franchise ordinance as a requirement for such ordinance to be effective?” Charter Proposition No. 4 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 4?” Yes ______ No ______ Charter Amendment No. 5 “Shall the next to last sentence of Section 5.01 of the existing City Charter relating to the termination of the City Manager be amended as follows?” “He or she shall be employed for or relieved from his or her duties by a vote of a majority of the members of the entire City Council.” Charter Proposition No. 5 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 5?” Yes ______ No ______ Charter Ordinance.doc 3 Charter Amendment No. 6 “Shall the last sentence of Section 5.01 of the existing City Charter relating to the appointment of Assistant City Managers be amended as follows?” “The City Manager may appoint one or more Assistant City Managers and set the compensation for such appointees.” Charter Proposition No. 6 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 6?” Yes ______ No ______ Charter Amendment No. 7 “Shall the third sentence of Section 6.07(a) of the existing City Charter requiring the City’s Assessor-Collector to give a surety bond be deleted?” Charter Proposition No. 7 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 7?” Yes ______ No ______ Charter Amendment No. 8 “Shall Section 7.10(b)(11) of the existing City Charter relating to the selection of a City depository bank, which provision is in conflict with State law, be deleted?” Charter Proposition No. 8 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 8?” Yes ______ No ______ Charter Ordinance.doc 4 Charter Amendment No. 9 “Shall the first sentence of Section 9.03 of the existing City Charter relating to City Council elections be amended to delete ‘greater number of’ and insert ‘most’ to confirm that members of the City Council may be elected by plurality and that run-off elections are not required?” Charter Proposition No. 9 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 9?” Yes ______ No ______ Charter Amendment No. 10 “Shall Section 12.02(a)(4) of the existing City Charter relating to political solicitation of City employees be amended to provide that ‘No City employee or elected or appointed City official’ shall in any way solicit ‘any assessment, subscription or contribution for any political party or political purpose’ from any person holding a compensated City position?” Charter Proposition No. 10 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 10?” Yes ______ No ______ Charter Ordinance.doc 5 Charter Amendment No. 11 “Shall Section 12.02(a)(6) of the existing City Charter relating to conflicts of interest be amended to provide as follows? “No person related within the second degree by affinity or within the third degree by consanguinity to any elected officer of the City, or to the City Manager, shall be employed by the City or be appointed to any office, position, or clerkship or other service of the City, but this prohibition shall not apply to any such person related in the prohibited degree who has been continuously employed by the City for not less than two years prior to the election or appointment of the officer.” Charter Proposition No. 11 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 11?” Yes ______ No ______ Charter Amendment No. 12 “Shall the fourth sentence of Section 12.04 of the existing City Charter relating to elections for proposed amendments to the City Charter be amended to provide as follows: “Not less than thirty days prior of such election, the City Secretary shall make available at the City Offices a copy of the proposed amendment or amendments.” Charter Proposition No. 12 “Shall the City be authorized to amend the City Charter as provided in Amendment No. 12?” Yes ______ No ______ SECTION 2. Pursuant to Section 61.012, as amended, Texas Election Code, the City shall provide at least one accessible voting system in each polling place used in the election. Such voting system shall comply with Texas and federal laws establishing the requirement for voting systems that permit voters with physical disabilities to cast a secret ballot. Touch screen machines may be used for early voting and election day voting by personal appearance. Certain early voting may be conducted by mail. The Election Administrator shall also utilize a Central Counting Station (the “Station”) as provided by Section 127.001, et seq., as amended, Texas Election Code. Ms. Sue Basham, the Elections Administrator of Guadalupe County, has been appointed as the Manager and Presiding Judge of the Station, and she may appoint Station clerks and establish a written plan for the orderly operation of the Station in accordance with the Charter Ordinance.doc 6 provisions of the Texas Election Code. The Election Administrator has appointed Rick Arroues as the Tabulation Supervisor and Sue Basham as the Programmer for the Station. Lastly, the Election Administrator will publish notice and conduct testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks for the Station in accordance with the provisions of the Texas Election Code. SECTION 3. The City election precincts established for this election shall be the precincts named on Exhibit A attached hereto. A list of the City election precincts and the polling places designated for each such election precinct are identified on Exhibit A to this Ordinance, and this Exhibit is incorporated by reference for all purposes. At least 63 days prior to the scheduled election date, the Council, in coordination with the Elections Administrator, will identify and formally approve the appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all other election officials for this election. Each Presiding Judge shall appoint not less than two (2) resident qualified voters of the County to act as clerks to properly conduct the election. However, if the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. The appointment of such clerks may include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on the day of the election. In the absence of the Presiding Judge named above, the Alternate Presiding Judge shall perform the duties of the Presiding Judge. The election shall be held in the City as prescribed by applicable law and on the day of the election, the polls shall be open from 7:00 o’clock a.m. to 7:00 o’clock p.m. The Guadalupe County Elections Office, 1101 Elbel Road, Schertz, Texas 78154, is hereby designated as the main early voting place at which early voting shall be conducted. Ms. Sue Basham, the Elections Administrator of Guadalupe County (whose mailing address is Post Office Box 1346, Seguin, Texas 78156), is hereby appointed as the Early Voting Clerk to conduct such early voting in the election. The Early Voting Clerk shall appoint not less than two (2) Deputy Early Voting Clerks in accordance with the provisions of the Texas Election Code. Early voting shall be conducted on the dates and at the times, and at the locations, identified in Exhibit B hereto, and this Exhibit is incorporated herein by reference for all purposes. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. Sylvia Marmolejo is appointed the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two (2) nor more than ten (10) resident qualified voters of the County to serve as members of the Early Voting Ballot Board. SECTION 4. All resident qualified voters of the City shall be permitted to vote at the election and on the day day of the election, such voters shall vote at any one of the designated polling places. The election shall be held and conducted in accordance with the provisions of the Texas Election Code, as amended, and the provisions of Texas Revised Civil Statutes, Chapter 1 of Title 22, as amended, and as may be required by any other law. All election materials and proceedings shall be printed in both English and Spanish. SECTION 5. The anticipated fiscal impact of conducting the election and implementing modifications, if any, to the Charter which may be approved by the voters in such election is currently estimated to be $9,471.00. Charter Ordinance.doc 7 SECTION 6. A substantial copy of this Ordinance shall serve as a proper notice of the election. This notice, including a Spanish translation thereof, shall be posted at the City Hall not less than twenty-one (21) days prior to the date the election is to be held, and be published in a newspaper of general circulation in the City, on the same day in each of two successive weeks with the first publication occurring not less than fourteen (14) full days prior to the day of the election. SECTION 7. The City Secretary shall post on the City’s website a copy of the current City Charter, marked to show the proposed changes described in this Ordinance, and shall keep a copy of such document in the City Secretary’s office and make it available to members of the public for their review on their request. SECTION 8. 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 9. All ordinances and resolutions, 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 ordered herein. SECTION 10. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 11. 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 this Council hereby declares that this Ordinance would have been enacted without such invalid provision. The Council hereby authorizes the Mayor and the City Manager of the City to make such technical modifications to this Ordinance that are necessary for compliance with applicable Texas or federal law or to carry out the intent of this Council, as evidenced herein. SECTION 12. 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, Texas Government Code, as amended. SECTION 13. This Ordinance shall be in force and effect from and after its final passage and any publication required by law. * * * Charter Ordinance.doc 8 Charter Ordinance.doc 9 PASSED on first reading, this the 15th day of July, 2008. PASSED, APPROVED, AND ADOPTED on second and final reading, this the 22nd day of July, 2008. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) EXHIBIT A City Election Precinct Polling Places 301 Knights of Columbus Hall, 509 Schertz Pkwy., Schertz, Texas 78154 303 – 304 Schertz Community Center, 1400 Schertz Parkway, Schertz, Texas 78154 305 Schertz Baptist Church, 600 Aero, Schertz, Texas 78154 306 Schertz United Methodist Church, 3460 Roy Richard Dr., Schertz, Texas 78154 307 Schertz Community Center North (formerly Northcliffe Fire Station), 3501 Morning Dr., Cibolo, Texas 78108 401 Santa Clara City Hall, 1653 N. Santa Clara Rd., Santa Clara, Texas 78124 Charter Ordinance.doc A-1 EXHIBIT B MAIN EARLY VOTING POLLING PLACE, DATES and TIMES Seguin Elections Office 307 W. Court Street Seguin, TX 78155 First Week 8:00 a.m. to 5:00 p.m. Saturday, Oct. 25, 2008 from 10:00 a.m. to 4:00 p.m. Second Week 7:00 a.m. to 7:00 p.m. TEMPORARY EARLY VOTING POLLING PLACES: Guadalupe County Office Building (Annex) 1101 Elbel Road Schertz, Texas 78154 First Week 8:00 a.m. to 5:00 p.m. Saturday, Oct. 25, 2008 from 10:00 a.m. to 4:00 p.m. Second Week 7:00 a.m. to 7:00 p.m. St. Joseph’s Mission 1st Monday – 8-5 5093 Redwood Rd. 2nd Monday – 7-7 San Marcos, TX Kingsbury Fire Station 1st Tuesday – 8-5 1060 FM 1104 Saturday 10-4 Kingsbury, TX 2nd Tuesday – 7-7 Forest Hills Church 1st Wednesday – 8-5 8251 FM 1117 2nd Wednesday – 7-7 Seguin, TX Hilltop Country Church 1st Thursday – 8-5 2719 FM 725 @Klein Rd Saturday 10-4 New Braunfels, TX 2nd Thursday – 7-7 New Berlin Community Center 1st Friday – 8-5 8815 FM 775 2nd Friday – 7-7 Seguin, TX EARLY VOTING BY MAIL: Applications for voting by mail should be received by Early Voting Clerk no earlier than Friday, September 5, 2008, and no later than the close of business (5:00 p.m.) on Tuesday, October 28, 2008. Applications should be mailed to: Guadalupe County Elections Office P. O. Box 1346 Seguin, Texas 78156-1346 ATTN: EARLY VOTING CLERK Charter Ordinance.doc B-1 BLACKLINED COPY CITY CHARTER AMENDMENT ELECTION November 4, 2008 Sections 4.02, 4.06(c)(1), 4.07, 4.09(e)(1), 5.01, 6.07(a), 7.10(b)(11), 8.01, 9.03, 11.02, 12.02(a)(4), 12.02(a)(5), 12.02(a)(6), and 12.04) of the City Charter are proposed to be amended. The existing City Charter is attached with the proposed amendments inserted or deleted, as appropriate. Proposed additions are in brackets and underlined bold face type. Proposed deletions are in brackets and stricken-through boldface type. 50087982.2 BLACKLINED COPY CITY OF SCHERTZ, TEXAS HOME RULE CHARTER* * The City’s Home Rule Charter is set out herein as adopted by the people at an election held on April 6, 1974, as amended by elections on April 7, 1979, May 6, 1989, May 7, 1994, May 3, 1997, and May 13, 2006. The parenthetical note at the end of certain sections indicates the election(s) at which that section was amended. 50087982.2 BLACKLINED COPY ARTICLE I NAME OF CITY AND BOUNDARIES......................................................... 2 Section 1.01 Name .................................................................... ............................... 2 Section 1.02 Boundaries; Extension, Annexation and Disannexation...................... 2 ARTICLE II POWERS OF THE CITY............................................... ................................ 3 Section 2.01 General Powers .................................................................................... 3 Section 2.02 Intergovernmental Relations......... ...................................................... 3 ARTICLE III FORM OF GOVERNMENT........................................................................... 4 Section 3.01 Establishment........ .............................................................................. 4 ARTICLE IV THE CITY COUNCIL..................................................................................... 5 Section 4.01 Number, Selection and Term ............................................................... 5 Section 4.02 Qualifications................................................................ ...................... 5 Section 4.03 Judge of Election Qualifications.......................................................... 5 Section 4.04 Compensation .......................................... ........................................... 5 Section 4.05 Mayor and Mayor Pro-Tem ................................................................. 5 Section 4.06 Vacancies, Forfeiture, Filling of Vacancies......................................... 6 Section 4.07 Prohibitions.......................................................................................... 6 Section 4.08 Powers of the City Council.................................................................. 7 Section 4.09 Meetings and Procedure........................................................ .............. 7 Section 4.10 Inquiry Powers ..................................................................................... 8 ARTICLE V CITY MANAGER............................................ .............................................. 9 Section 5.01 Appointment; Qualifications; Compensation ...................................... 9 Section 5.02 Acting City Manager...................... ..................................................... 9 Section 5.03 Powers and Duties of City Manager .................................................... 9 ARTICLE VI OTHER DEPARTMENTS, OFFICES OR AGENCIES............................... 11 Section 6.01 General Provisions............................................................................. 11 Section 6.02 Personnel Rules.................................................................................. 11 Section 6.03 City Attorney ................................................................................. ... 11 Section 6.04 Judge of the Municipal Court ............................................................ 11 Section 6.05 Terms of Office of City Attorney and Municipal Judge.................... 12 Section 6.06 City Secretary..................................................................................... 12 Section 6.07 Tax Assessor-Collector............................................. ........................ 12 ARTICLE VII FINANCIAL PROCEDURES....................................................................... 14 Section 7.01 Fiscal Year ....................................... ................................................. 14 50087982.2 i BLACKLINED COPY Section 7.02 Submission of Budget ........................................................................ 14 Section 7.03 Budget Message.............................................. .................................. 14 Section 7.04 Budget Contents................................................................................. 14 Section 7.05 Capital Improvements Program ......................................................... 15 Section 7.06 City Council Action on Budget.......................................................... 15 Section 7.07 Amendments After Adoption............................................................. 16 Section 7.08 Purchase Procedures .......................................................................... 16 Section 7.09 Lapse of Appropriations .................................................................... 16 Section 7.10 Director of Finance ...................................................... ..................... 17 Section 7.11 Audit .................................................................................................. 18 ARTICLE VIII PLANNING, ZONING AND ADJUSTMENTS........ .................................. 19 Section 8.01 Planning and Zoning Commission..................................................... 19 Section 8.02 Board of Adjustment............................. ............................................ 19 ARTICLE IX NOMINATIONS AND ELECTIONS........................................................... 20 Section 9.01 City Elections......................... ........................................................... 20 Section 9.02 Candidates.......................................................................................... 20 Section 9.03 Determination of Election Results ..................................................... 20 Section 9.04 City Council Ballots...................................................................... .... 21 Section 9.05 Ballots for Ordinances and Charter Amendments ............................. 21 ARTICLE X INITIATIVE, REFERENDUM AND RECALL........................................... 22 Section 10.01 General Authority .............................................................................. 22 Section 10.02 Commencement of Proceedings; Petitioners’ Committee; Affidavit............................................................................................. 22 Section 10.03 Petitions...................................................................... ....................... 22 Section 10.04 Procedure After Filing ....................................................................... 23 Section 10.05 Referendum Petitions; Suspension of Effect of Ordinance ............... 24 Section 10.06 Action on Petitions............................................................................. 24 Section 10.07 Results of Election ............................................................................. 25 Section 10.08 Limitation on Recall .......................................................................... 25 ARTICLE XI PUBLIC UTILITIES ..................................................................................... 26 Section 11.01 Powers of the City............................................... .............................. 26 Section 11.02 Franchises .......................................................................................... 26 Section 11.03 Franchise Value Not To Be Allowed................................................. 26 50087982.2 ii BLACKLINED COPY 50087982.2 iii Section 11.04 Right of Regulation............................................................................ 26 Section 11.05 Franchise Records........................ ..................................................... 27 Section 11.06 Regulations of Rates and Service ...................................................... 27 ARTICLE XII GENERAL PROVISIONS ............................................................................ 29 Section 12.01 Personal Financial Interest................................................................. 29 Section 12.02 Prohibitions........................................................................................ 29 Section 12.03 Liability for Personal Injuries or Death ....................... ..................... 30 Section 12.04 Charter Amendment........................................................................... 30 Section 12.05 Charter Review Commission ........................ .................................... 31 Section 12.06 Separability ........................................................................................ 31 Section 12.07 State Law ........................................................................................... 31 Section 12.08 Headings ................................................................................. .......... 32 PREAMBLE The citizens of the City of Schertz, in the Counties of Guadalupe, Bexar and Comal, State of Texas, being aware that their community is becoming ever larger and more prosperous and that ever increasing growth and prosperity are certain, desire to plan, regulate and control the affairs of the City to the fullest extent possible under the Constitution and general laws of this State. In this spirit, the citizens of the City of Schertz do hereby ordain this the Charter of the City of Schertz and accept the duties and responsibilities which it imposes and the privileges which it grants. (Election of 5-6-89, 5-3-97) [End of Preamble] 50087982.2 1 ARTICLE I NAME OF CITY AND BOUNDARIES Section 1.01 Name. Those persons residing within the limits of the City, as those limits now are or as they may be in the future changed, are hereby constituted and shall continue to be a municipal body politic to exist in perpetuity under the name “CITY OF SCHERTZ” hereinafter referred to as the “City”. (Election of 5-3-97) Section 1.02 Boundaries; Extension, Annexation and Disannexation. (a) Boundaries. The bounds and limits of the City are hereby established and described as those which exist under authority of the current City ordinances and displayed on a map maintained by the City Secretary and those boundaries established and changed hereafter as provided; such map to be maintained hereafter by the City Manager and maintained in a public place. (b) Extension of Boundaries; Annexation of Territory. The City Council shall have the power by ordinance to annex territory lying adjacent to the City, with or without the consent of the owners or inhabitants thereof, thereby extending and enlarging the bounds and limits of the City. Such annexations shall be limited and controlled by the applicable annexation laws of the State. (c) Disannexation. Any area hereafter annexed under this Charter and the law of this State may be disannexed only in accordance with State law. (Election of 5-3-97, 5-13-06) [End of Article I] 50087982.2 2 ARTICLE II POWERS OF THE CITY Section 2.01 General Powers. The City shall have all the powers granted to cities by the Constitution and general laws of the State together with all of the implied powers necessary to execute such granted powers. The City may use a corporate seal; may sue and be sued; may contract and be contracted with; may cooperate with the government of the State or any agency or any political subdivision thereof, or with the federal government or any agency thereof, to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety, and convenience of the City and its inhabitants; may acquire property within or without its corporate limits for any municipal purpose in fee simple, or in any lesser interest or estate, by purchase, gift, devise, lease or condemnation; may sell, lease, mortgage, hold, manage, improve, and control such property as may now or hereafter be owned by it; may issue bonds upon the credit of the City for the purpose of making permanent public improvements or for other public purposes in the amount and to the extent permitted by applicable law, subject to the approval of the voters of the City as required by State law; and may pass ordinances and enact such regulations as may be expedient for the maintenance of good government, order and peace of the City and the welfare, health, morals, comfort, safety, and convenience of its inhabitants. In addition to the powers enumerated herein, and subject only to the limitations imposed by the Constitution, the general laws of the State, and this Charter, the City shall have without the necessity of express enumeration in this Charter, each and every power, which by virtue of Article XI, Section 5 of the Constitution of Texas, the people of the City are empowered by election to grant to or confer upon the City by expressly and specifically granting and enumerating the same herein. (Election of 5-6-89, 5-3-97, 5-13-06) Section 2.02 Intergovernmental Relations. The City may exercise any of of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more state or civil divisions or agencies thereof, or the federal government or any agency thereof. (Election of 5-6-89, 5-3-97, 5-13-06) [End of Article II] 50087982.2 3 ARTICLE III FORM OF GOVERNMENT Section 3.01 Establishment. The municipal government provided by this Charter shall consist of a Mayor and Councilmembers, elected by the people and responsible to the people, and a City Manager, appointed by and responsible to the City Council for proper administration of the affairs of the City. Pursuant to its provisions and subject only to the limitations imposed by the Constitution and general laws of the State and by this Charter, all powers of the City shall be vested in the elected Mayor and Councilmembers, who shall enact local legislation, adopt budgets and determine policies. All powers of the City shall be exercised in the manner prescribed by this Charter, or if not prescribed, then as may be prescribed by ordinance. (Election of 5-6-89, 5-3-97, 5-13-06) [End of Article III] 50087982.2 4 ARTICLE IV THE CITY COUNCIL Section 4.01 Number, Selection and Term. The City Council shall be composed of the Mayor and five Councilmembers. The Mayor and all Councilmembers shall be elected from the City at large. Subject to Section 4.06(c), the Mayor and Councilmembers shall be elected in the manner provided in Section 9.01 of this Charter for two-year terms. Each Councilmember shall occupy a position on the City Council, such positions being numbered Place One through Place Five. At the first general election held under this Charter and each odd-numbered year thereafter, Councilmembers to fill Places Three, Four, and Five shall be elected. The following year and each even-numbered year thereafter, the Mayor and the Councilmembers filling Places One and Two shall be elected. (Election of 5-6-89, 5-3-97, 5-13-06) Section 4.02 Qualifications. The Mayor and each Councilmember must, at the time of filing for office, have attained the age of eighteen, be a[ qualified] registered voter, and have been a resident of the City for at least six consecutive months immediately preceding filing for office, and not be an obligor to the City on any obligation past due, provided, however, that a person may be elected and hold office if such obligation is being actively contested in the appropriate forum. (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06) Section 4.03 Judge of Election Qualifications. The City Council is the final judge of all elections and the qualifications of its members and any other elected officials of the City. Section 4.04 Compensation. Members of the City Council shall serve with such compensation as determined by the City Council. An increase in compensation shall not be effective for any member of the City Council during the term for which he or she was elected and the increase was approved. Payment of expenses incurred in performance of official duty may be approved by the City Council. (Election of 5-6-89, 5-13-06) Section 4.05 Mayor and Mayor Pro-Tem. The Mayor shall be the official head of the City City government. He or she shall be the chairman and shall preside at all meetings of the City Council. The Mayor may vote only in the event of a tie. He or she shall, when authorized by the City Council, sign all official documents such as ordinances, resolutions, conveyances, grant agreements, official plats, contracts, and bonds. He or she shall appoint special committees as instructed by City Council, with committee membership to be composed of nominees by the City Council. He or she shall perform such other duties consistent with this Charter or as may be imposed upon him or her by City Council. The Mayor shall not have veto powers. 50087982.2 5 The Mayor Pro-Tem shall be a Councilmember appointed, effective each December 1 and June 1, on a six-month rotational basis in Place order, Places One through Five; provided, any Councilmember may decline to serve as Mayor Pro-Tem, and the Councilmember holding the next numeric Place shall then serve as Mayor Pro-Tem. The Mayor Pro-Tem shall act as Mayor during the absence or disability of the Mayor and in this capacity shall have the rights conferred upon the Mayor. While acting as Mayor, the Mayor Pro-Tem may vote on any matter before the City Council. (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06) Section 4.06 Vacancies, Forfeiture, Filling of Vacancies. (a) Vacancies. The office of a Councilmember or the office of the Mayor shall become vacant upon his or her death, mental or physical disability, resignation, removal from office in any manner authorized by law, or forfeiture of his or her office. Determination of mental or physical disability shall be certified by two physicians qualified to practice medicine in the State. (b) Forfeiture. The Mayor or a Councilmember shall forfeit his or her office upon: (1) Final conviction of a felony or of an offense involving moral turpitude. (2) Ceasing to be a resident of the City. (3) Failure to regularly attend City Council meetings without good cause. Good cause shall be illness or temporary disability, absence from the City, or family emergency. There shall be a presumption of failure to regularly attend when more than three consecutive regular meetings are missed. (Election of 5-6-89, 5-3-97, 5-13-06) (c) Filling Vacancies. (1) In the event of a single vacancy in the City Council, if there are 365 days or more remaining on the term of the vacated City Council position, the City Council shall call a special election to fill such vacancy. If there are less than 365 days remaining in the term of the vacated City Council position, the City Council may, by majority vote of the remaining Councilmembers, at its discretion appoint a new[ Mayor or] Councilmember to fill such vacancy or call a special election to fill such vacancy. (2) When more than one vacancy on the City Council shall exist at any time, a special election to fill such vacancies shall be called by the City Council. (Election of 5-13-06) Section 4.07 Prohibitions (a) Holding other Office. No Mayor or Councilmember shall hold any other public office or employment with the City nor have any financial interest, directly or indirectly, in any City contract or transaction; and no former Mayor or Councilmember shall hold any compensated [appointive ]City office or employment until two (2) years after the expiration of the term for which he or she was elected to the City Council. 50087982.2 6 (b) Appointments and Removals. Neither the City Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officer or employee whom the City Manager or any of his or her subordinates are empowered to appoint, unless otherwise provided in this Charter, but the City Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees. (c) Interference with Administration. Except for the purpose of inquiries, unless otherwise provided in this Charter, the City Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately. (d) Admission of Liability. Neither the City Council nor any of its members or employees of the City shall accept or admit liability or pay any claim for damages asserted against the City without first obtaining a written opinion from the City Attorney regarding the City’s liability therein. (Election of 5-6-89, 5-3-97, 5-13-06) Section 4.08 Powers of the City Council. All City powers shall be vested in the City Council, except as otherwise provided by law or this Charter. (Election of 5-13-06) Section 4.09 Meetings and Procedure. (a) Date, Time, Place, and Notice. The City Council shall meet at least once each month at a time and place prescribed by ordinance. Special meetings may be called by the Mayor, the City Manager, or on application of three Councilmembers. Written notice of the date, place and subject of each meeting shall be posted in the City Hall and written notice of no less than twelve hours (two hours in the event of an emergency meeting of the City Council) shall be given to each Councilmember. (b) Open Meetings. Meetings shall be open to the public in accordance with applicable State law. (c) Quorum. Three Councilmembers (excluding the Mayor) shall constitute a quorum, and no action shall be valid unless adopted by the affirmative vote of three or more members of the City Council. If the Mayor Pro-Tem is presiding, he or she shall be counted for purposes of determining a quorum. (d) Rules of Procedure. The City Council shall, by ordinance, determine its own rules and order of business, provided, however, that the citizens of the City shall have a reasonable opportunity to be heard at any meeting with regard to any matter relevant to the government of the City except at such meetings of the City Council as may be closed to the public as permitted by State law. Provision shall be made for the taking of minutes, which minutes shall be a public record. Voting, except on procedural matters, shall be by roll call and the ayes and nays shall be recorded in the minutes. 50087982.2 7 (e) Passage of Ordinances and Resolutions. Ordinances and resolutions shall be introduced to the City Council only in written or printed form. The subject or subjects of all ordinances and resolutions shall be clearly expressed in the title. Except as may otherwise be prescribed in this Charter, an ordinance shall not be passed at the meeting of the City Council at which it is first introduced, but instead the ordinance or its caption shall be read, and the City Council will determine whether it shall be rejected or further considered at a subsequent meeting of the City Council. If rejected, no further action shall be required. The City Council must take second and final consideration of any ordinance not later than sixty days after the first reading of such ordinance. Notwithstanding the foregoing provisions, if the City Council, by a vote of not less than two-thirds of the members present at the meeting at which an ordinance is first introduced, determines that an emergency exists requiring immediate action, such ordinance may then be voted upon and rejected or passed at that meeting. The “ayes” and “nays” shall be taken upon the passage of all ordinances and resolutions and entered in the minutes of the City Council. The affirmative vote of three or more members of the City Council is required to enact any ordinance or resolution. The Mayor shall vote only in the event of a tie; the Mayor Pro-Tem may vote on any matter being considered by the City Council. The enacting clause of all ordinances shall be, “BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS”, and every ordinance shall be authenticated by the signature of the Mayor and the City Secretary and shall be systematically recorded and indexed in an ordinance book in a manner approved by the City Council. (1) Franchise ordinances. All ordinances granting, confirming, extending, renewing or amending a franchise shall be accepted in writing by the grantees[ and before taking effect shall be published as otherwise provided in this Charter]. ((2) Effective date. Every ordinance passed by the City Council shall be enrolled by the City Secretary as soon as practicable after its passage. If the ordinance was published, he or she shall note the time and place of publication which shall be prima facie proof of publication thereof. The affidavit by the printer or publisher shall also be prima facie proof of the publication. Enrollment of an ordinance shall be prima facie proof of its legal adoption and effect. (3) Codification of ordinances. The City Council shall have the power to cause the ordinances of the City to be corrected, amended, revised, codified and printed in code form as often as the City Council deems advisable, and such printed code, when adopted by the City Council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. All printed ordinances or codes of ordinances shall be admitted as evidence in all courts without further proof and shall have the same force and effect as did the original ordinance. (Election of 5-6-89, 5-3-97, 5-13-06) Section 4.10 Inquiry Powers. The City Council shall have the authority to inquire into the affairs of the City and the conduct of any City department, office, or agency. (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06) [End of Article IV] 50087982.2 8 ARTICLE V CITY MANAGER Section 5.01 Appointment; Qualifications; Compensation. The City Council shall appoint a City Manager and fix his or her compensation. He or she shall be chosen on the basis of his or her executive and administrative training, experience, ability and character. He or she need not be a resident of the City or State at the time of his or her appointment, but he or she must agree, prior to such appointment, to become a resident of the City within four months after the date of his or her appointment. If he or she thereafter fails to become a resident of the City within that four-month period, he or she shall be deemed to have forfeited his or her appointment and the office shall be declared vacant by announcement of the Mayor at the first meeting of the City Council following the expiration of the four-month period. The City Manager shall serve at the will and pleasure of the City Council. He or she shall be employed for or relieved from his or her duties by a vote of a majority of the members of the [entire ]City Council. [On the recommendation of the][The] City Manager[, the City Council] may appoint one or more Assistant City Managers and set the compensation for such appointees. (Election of 5-6-89, 5-3-97, 5-13-06) Section 5.02 Acting City Manager. By letter filed with the City Secretary the City Manager shall designate, subject to approval of the City Council, a qualified City administrative officer to exercise the powers and perform the duties of City Manager during his or her temporary absence or disability. During any vacancy in the office of City Manager, the City Council may appoint an Acting City Manager to perform the duties of City Manager. During such absence, disability, or vacancy, the City Council may revoke such designation at any time and appoint another officer of the City to serve as Acting City Manager until the City Manager shall return or his or her disability shall cease or such vacancy is filled. (Election of 5-6-89, 5-13-06) Section 5.03 Powers and Duties of City Manager. The City Manager shall be the chief administrative officer of the City. He or she shall be responsible to the City Council for the administration of all City affairs placed in his or her charge by or under this Charter. He or she shall have the following powers and duties: (a) He or she shall appoint and, when he or she deems it necessary for the good of the City, suspend or remove City employees and appointive administrative officers provided for, by or under this Charter, except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter. He or she may authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency. (b) He or she shall direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law. 50087982.2 9 (c) He or she shall attend all City Council meetings and shall have the right to take part in discussion but may not vote. (d) He or she shall see that all laws, provisions of this Charter and acts of the City Council, subject to enforcement by him or her or by officers subject to his or her direction and supervision, are faithfully executed. (e) He or she shall prepare and submit the annual budget and capital program to the City Council. (f) He or she shall submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year. (g) He or she shall make such other reports as the City Council may require concerning the operations of City departments, offices and agencies subject to his or her direction and supervision. (h) He or she shall keep the City Council fully advised as to the financial condition and future needs of the City and make such recommendations to the City Council concerning the affairs of the City. (i) He or she shall perform such other duties as are specified in this Charter or may be required by the City Council. (j) He or she shall keep a written inventory of all real property and all permanent equipment belonging to the City, said inventory to be subject to annual audit. A system shall be established to control the use and replacement of expendable items. (k) He or she shall have the authority to sign documents in the name of the City as authorized by the City Council. (Election of 4-7-79, 5-6-89, 5-13-06) [End of Article V] 50087982.2 10 ARTICLE VI OTHER DEPARTMENTS, OFFICES OR AGENCIES Section 6.01 General Provisions. (a) Creation of Departments. The City Council may continue, discontinue or establish City departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices and agencies. (b) Direction by City Manager. All departments, offices and agencies under the direction and supervision of the City Manager shall be administered by an officer appointed by and subject to the direction and supervision of the City Manager. With the consent of the City Council, the City Manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them. (Election of 4-7-79, 5-13-06) Section 6.02 Personnel Rules. The City Manager shall be responsible for the preparation of personnel rules, which rules shall be submitted by him or her to the City Council. The City Council may accept and adopt such rules as proposed or may adopt them with such amendments as the City Council deems necessary or may reject them in their entirety and direct the City Manager to further consider the rules and present new proposals at a subsequent meeting. (Election of 5-6-89, 5-13-06) Section 6.03 City Attorney. The City Council shall appoint a City Attorney for an indefinite term and fix his or her compensation. The City Attorney must be a member of the State Bar of Texas. He or she shall serve as chief legal advisor to the City, including the City Council, and, subject to applicable rules of the State Bar of Texas, the City Manager, supervisors of City departments and other City officers and agencies. He or she shall represent the City in all legal proceedings and shall perform any other duties prescribed by this Charter, ordinances of the City, or State laws. The City Council may retain an additional attorney or attorneys for the City when the City Attorney is absent or as other circumstances require. (Election of 5-6-89, 5-13-06) Section 6.04 Judge of the Municipal Court. The City Council shall establish a Municipal Court and shall appoint a Judge (and may appoint one or more deputy Judges) of the Municipal Court of the City and fix his or her compensation. Sessions of the Municipal Court shall be held at such times as may be determined by the Judge of the Municipal Court. When the Judge is absent, disabled or unable to perform his or her duties for any cause, or his or her office becomes vacant by reason of death, removal or resignation and no deputy Judge has been appointed, the City Council may appoint a special Judge of said court who shall serve until the Judge of said court returns to his or her duties or a successor is appointed and 50087982.2 11 qualifies or a deputy Judge is appointed and qualifies. (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06) Section 6.05 Terms of Office of City Attorney and Municipal Judge. Neither the City Attorney nor the Judge of the Municipal Court shall have any specified term of office, but each shall serve at the will and pleasure of the City Council. Either of such officers may be appointed to or relieved from office by a majority vote of the City Council. Section 6.06 City Secretary. The City Council shall appoint a City Secretary and his/her deputy or deputies who shall act as Secretary of the City Council and who shall hold office at the pleasure of the City Council. The City Secretary shall be the clerical officer of the City Council, and shall keep the minutes, agenda, ordinances and other official records of the City Council and the City. The City Secretary shall be the custodian of the official seal of the City, and shall have such other duties and powers prescribed in this Charter and by the City Council. The City Council will set the compensation for the City Secretary. The City Secretary shall report administratively to the City Manager but may be removed from office only by the City Council. (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06) Section 6.07 Tax Assessor-Collector. (a) Office of Taxation. There shall be established an office of Taxation, the head of which shall be the City Assessor-Collector of Taxes. This office shall be filled by appointment by the City Manager. [The Assessor-Collector shall give a surety bond for the faithful performance of his or her duties including compliance with all controlling provisions of the State law bearing upon the functions of his or her office in a sum which shall be fixed by the City Council but in no event shall the amount be less than twenty thousand dollars, the cost to be borne by the City. ]The City Council may, in the interest of economy and efficiency, contract with an individual or another political subdivision as Assessor-Collector to handle the assessment and/or collection of taxes, and no separate Assessor-Collector need be appointed in such case. (b) Power to Levy, Assess and Collect Taxes. The City shall have the power to assess, levy and collect an annual tax upon taxable property within the City not to exceed the maximum provided by the Constitution and general laws of the State. (c) Taxes, When Due and Payable. All taxes due the City shall be payable at the Office of the Assessor-Collector and may be paid at any time after the tax rolls for the year have been completed and approved, which shall be not later than October first. Taxes shall be paid before February 1, and all such taxes not paid prior to such date shall be deemed delinquent and shall be subject to such penalty and interest as authorized by applicable State law. The City Council may, by ordinance, provide a discount for prompt payment of current taxes. The City Council may contract with an attorney or attorneys for the collection of delinquent taxes as authorized by applicable State law. 50087982.2 12 (d) Arrears of Taxes Offset of Debt Against City. The City shall be entitled to counterclaim and offset against any debt, claim, demand or account owed by the City to any person, partnership, association or corporation who is in arrears to the City for taxes, in the amount of taxes so in arrears, and no assignment or transfer of such debt, claim, demand or account after the said taxes are due, shall affect the right of the City to so offset the said taxes against the same. (e) Tax Remissions, Discounts and Compromises. Neither the City Manager nor the City Council shall have the right to forgive any current or delinquent taxes or penalty and interest except in cases of error or otherwise as permitted by State law. (Election of 5-6-89, 5-3-97, 5-13-06) [End of Article VI] 50087982.2 13 ARTICLE VII FINANCIAL PROCEDURES Section 7.01 Fiscal Year. The fiscal year of the City shall begin on the first day of October and end on the last day of the following September. (Election of 5-13-06) Section 7.02 Submission of Budget. The City Manager shall submit to the City Council a budget for the ensuing fiscal year and an accompanying message not later than sixty days prior to the beginning of each fiscal year. (Election of 5-13-06) Section 7.03 Budget Message. The City Manager’s budget message shall outline the proposed financial policies of the City for the ensuing fiscal year; describe the important features of the budget; indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes; and summarize the City’s debt position and include such other material as the City Manager deems desirable. (Election of 4-7-79, 5-6-89, 5-13-06) Section 7.04 Budget Contents. The budget shall provide a complete financial plan for the ensuing fiscal year. It shall contain the following: (a) A budget message. (b) A consolidated statement of receipts and expenditures for all funds. (c) An analysis of property valuations. (d) An analysis of tax rate. (e) Tax levies and tax collections by years for the preceding five years. (f) General fund resources and all other fund resources in detail. (g) Summary of proposed expenditures by function, department and activity. (h) Summary of proposed expenditures by character and object. (i) Detailed estimates of expenditures shown separately for each activity to support the summaries mentioned in (g) and (h) above. Such estimates of expenditures are to include an itemization of positions showing the number of persons having each title and the rate of pay. (j) A revenue and expense statement for all types of bonds. 50087982.2 14 (k) A description of all bond issues outstanding, showing rate of interest, date of issue, maturity date, call date, if any, amount authorized, amount issued, and amount outstanding. (l) A schedule of requirements for the principal and interest on each issue of bonds. (m) A special funds section. (n) The appropriation ordinance. The total estimated expenditures of each fund shall not exceed the total estimated resources of each fund’s prospective income plus cash on hand. The classification of revenues and expenditure accounts shall conform as nearly as local conditions will permit to the uniform classification as promulgated by the national committee on municipal accounting or some other nationally accepted classification. (Election of 4-7-79, 5-13-06) Section 7.05 Capital Improvements Program. The City Manager may prepare and submit to the City Council a five year capital improvements program on his or her own initiative and shall do so when so directed by the City Council. (Election of 4-7-79, 5-6-89, 5-13-06) Section 7.06 City Council Action on Budget. (a) Notice and hearing. The City Council shall have published as set forth in applicable State law a general summary of the budget and a notice stating: (1) the time and places where copies of the message and budget are available for inspection by the public, and (2) the time and place for a public hearing on the budget. (b) Amendment before Adoption. After the public hearing, the City Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than the total of estimated income. (c) Adoption. The City Council should adopt the budget, with or without amendments, after public hearings and before the first day of the ensuing fiscal year. Should the City Council take no final action, amounts appropriated for the current fiscal year shall be deemed adopted on a month to month basis. Final adoption shall constitute appropriation of the expenditures proposed from funds so indicated. (Election of 5-6-89, 5-13-06) 50087982.2 15 Section 7.07 Amendments After Adoption. (a) Supplemental Appropriations. If, during the fiscal year, the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the City Council may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, the City Council may make emergency appropriations. To the extent that there are no available unappropriated revenues to meet such appropriations, the City Council may by such ordinances authorize the issuance of emergency notes in accordance with applicable State law, which emergency notes may be renewed as necessary in accordance with applicable State law. (c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the City Manager that the revenues available will be insufficient to meet the amount appropriated, he or she shall report to the City Council without delay, indicating the estimated amount of the deficit, any remedial action taken by him or her and his or her recommendations as to any other steps to be taken. The City Council shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may reduce one or more appropriations. (d) Transfer of Appropriations. Upon written request by the City Manager, the City Council may transfer part or all of any unencumbered appropriated balance among programs within a department, office or agency, or from departments, offices or agencies. (e) Limitations; Effective Date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below the amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this Section may be made effective immediately upon adoption. (Election of 4-7-79, 5-6-89, 5-13-06) Section 7.08 Purchase Procedures. The City Manager shall be responsible for the preparation of purchase procedures, and the procedures shall be submitted by him or her to the City Council. The City Council may accept and adopt such procedures as proposed or may adopt them with such amendments as the City Council deems necessary or may reject them in their entirety and direct the City Manager to further consider the procedures and present new proposals at a subsequent meeting. The purchase procedures may be reviewed periodically. (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06) Section 7.09 Lapse of Appropriations. Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has been expended or encumbered. An appropriation for capital expenditure shall continue in force until the purpose for which it was made has been 50087982.2 16 accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if three years pass without any disbursement from or encumbrance of the appropriation. Section 7.10 Director of Finance. (a) Appointment; Surety Bond. There shall be a department of finance, the head of which shall be the City Manager or his designee who shall provide a bond with such surety and amount as the City Council may require, except that such bond shall be in an amount of not less than twenty thousand dollars, the cost to be borne by the City. (b) Power and Duties. The City Manager shall have charge of the administration of the financial affairs of the City, and to that end he or she shall supervise the head of the department of finance (if other than the City Manager) and shall have authority and shall be required to: (1) Compile the estimates of revenues and expenditures for the budget. (2) Supervise and be responsible for the disbursement of all money and have control over all expenditures to ensure that budget appropriations are not exceeded. Disbursement from the City’s depository bank will require two signatures. (3) Maintain a general accounting system for the City and each of its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, department and agency; keep separate accounts for the items of appropriation, the amounts paid therefrom, the unpaid obligations against it and the encumbered balance; and require reports of receipts and disbursements from each receiving and spending agency of the City to be made daily or at such intervals as he or she may deem expedient. (4) Submit to the City Council a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City. (5) Prepare, as of the end of each fiscal year, a complete financial statement and report. (6) Supervise and be responsible for the collection of all taxes, special assessments, license fees and other revenues of the City or for whose collection the City is responsible and receive all money receivable by the City from the State or federal government, or from any court, or from any office, department or agency of the City. (7) Serve as Ex-Officio City Treasurer and have custody of all public funds belonging to or under the control of the City, or any office, department or agency of the City, and have deposited daily all funds coming into his or her hands in such depository(s) as may be designated by resolution of the City Council, as determined by subsection (11) below. (8) Have custody of all investments and invested funds of the City, or in possession of such government in a fiduciary capacity, and have the safekeeping of all 50087982.2 17 bonds and notes of the City and the receipt and delivery of City bonds and notes for transfer, registration or exchange. (9) Supervise and be responsible for the purchase, storage and distribution of all supplies, material, equipment and other articles used by any office, department or agency of the City. (10) Approve all proposed expenditures. No appropriation shall be encumbered and no expenditure shall be made unless he or she shall certify that there is an unencumbered balance of appropriation and available funds. [(11) Negotiate with all eligible bank(s), within thirty days from October first of each biennium and after advertising as required by applicable State law for depository bids for the bank(s) to serve as City depository for all available funds except reserve funds for bonds for the next two years, or until such time as the successor depository(s) has been selected. The City Manager shall take into consideration in such negotiations the most favorable interest rates that can be obtained in the interest of the City on certificates of deposit for funds invested, and also on funds borrowed. The City Manager shall also take into consideration the services offered by the prospective depository(s) in serving the banking needs of the City, and shall make a recommendation to the City Council as to the results of his or her negotiations. The City Council shall approve which bank(s) is to serve as the city depository(s) during the next biennium. If the City Manager and the City Council determine that a satisfactory depository contract cannot be entered into with the local bank(s), then the City Manager may advertise as set forth in applicable State law a request for sealed bids by banks to act as City depository for the next two years and the City Council shall, prior to December first of each biennium as stated above, select one of the banks to serve as City depository. The bank(s) that has been selected to be the City depository(s) shall have adequate security pledged at all times to protect all City funds. (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06)] Section 7.11 Audit. The City Council shall cause an annual audit to be made of the books and accounts of each department of the City and shall have an annual financial statement prepared based on the audit. A complete audit shall be made at the end of each fiscal year, and at such other times as may be necessary, by an independent Certified Public Accountant who shall be selected by the City Council. The annual financial statement, including the auditor’s opinion, shall be filed with the City Secretary and shall be available for public inspection. The auditor selected shall not maintain or keep any of the City accounts or records. (Election of 5-3-97, 5-13-06) [End of Article VII] 50087982.2 18 ARTICLE VIII PLANNING, ZONING AND ADJUSTMENTS Section 8.01 Planning and Zoning Commission. There shall be a Planning and Zoning Commission, composed of five or more members as determined and appointed by the City Council. Any such Commission shall be responsible for exercising planning and zoning functions as may now or hereafter be required or authorized by statutes of the State or ordinances of the City. Members shall be[ qualified] registered voters, residents of and own real property within the City. (Election of 4-7-79, 5-3-97) Section 8.02 Board of Adjustment. The City Council may establish a Board of Adjustment in accordance with the applicable laws of the State. (Election of 5-7-94, 5-3-97, 5-13-06) [End of Article VIII] 50087982.2 19 ARTICLE IX NOMINATIONS AND ELECTIONS Section 9.01 City Elections. (a) Regular Elections. The regular City election shall be held on the first Saturday of May in each calendar year or in accordance with applicable State law. (b) Qualified Voters. All citizens qualified by the Constitution and general laws of the State to vote in the City and who satisfy the requirements for registration prescribed by law shall be qualified voters of the City within the meaning of this Charter. (c) Conduct of elections. The provisions of the general election laws of the State shall apply to elections held under this Charter. All elections provided for by the Charter shall be conducted by the election authorities established by law. For the conduct of City elections the City Council shall adopt all regulations which it considers desirable, consistent with the law, and this Charter. (d) Time of Elections. Regular and special elections may be conducted only on the dates permitted by applicable State law. (Election of 4-7-79, 5-6-6-89, 5-3-97, 5-13-06) Section 9.02 Candidates. Any person having the qualifications set forth for Councilmember under Section 4.02 of this Charter shall have the right to file an application to have his or her name placed on the official ballot as a candidate for any one elective office such as Mayor, Councilmember -Place One, Councilmember -Place Two, etc. Such application, in writing, shall include the candidate’s name, address, telephone number, date of birth, and date of residency, shall be signed by such candidate and accompanied by his or her loyalty affidavit and a statement that the candidate is aware of applicable State nepotism laws, as prescribed by Texas Election Code, and shall be filed with the City Secretary or appropriate authority within the time period required by applicable State law. A filing fee of five dollars, or such other amount as may hereafter be set by the City Council, must be paid to the City Secretary by each candidate upon presentation of his or her application. The filing fee shall be waived if the candidate states in writing that payment thereof will constitute a financial hardship. (Election of 5-6-89, 5-3-97, 5-13-06) Section 9.03 Determination of Election Results. At any regular or special municipal election the candidate for each office, such as Mayor, Councilmember-Place One, etc., who shall have received the [greater number of][most] votes for each office cast in such election, shall be declared elected. In the event a tie vote makes it impossible to determine the winning candidate or candidates, resolution of such tie shall be decided as provided in the Texas Election Code. (Election of 5-6-89, 5-13-06) 50087982.2 20 Section 9.04 City Council Ballots. The names of all candidates for office, except such as may have withdrawn, died or became ineligible, shall be printed on the official ballots in the order of Mayor, Councilmember-Place One, etc., without party designation, and the order of listing the candidates’ names for each such office shall be determined in a drawing of lots conducted by the City Secretary. Early voting shall be governed by the general election laws of the State. (Election of 5-6-89, 5-3-97, 5-13-06) Section 9.05 Ballots for Ordinances and Charter Amendments. An ordinance or Charter amendment to be voted on by the City shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement, describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: “Shall the above described (ordinance) (amendment) be adopted?” Immediately below such question shall appear, in the following order, the words “yes” and “no”. Ballots shall include voting instructions. (Election of 5-13-06) [End of Article IX] 50087982.2 21 ARTICLE X INITIATIVE, REFERENDUM AND RECALL Section 10.01 General Authority. (a) Initiative. The qualified voters of the City shall have power to propose ordinances to the City Council. If the City Council fails to adopt an ordinance so proposed without any change in substance, the qualified voters shall have the power to adopt or reject it at a City election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of City officers or employees. (b) Referendum. The qualified voters of the City shall have power to require reconsideration by the City Council of any adopted ordinance. If the City Council fails to repeal an ordinance so reconsidered, the qualified voters shall have the power to approve or reject it at a City election, provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes. (c) Recall. The The qualified voters of the City shall have the power to petition for recall of the Mayor or any member of the City Council by name and Place. (Election of 4-7-79, 5-13-06) Section 10.02 Commencement of Proceedings; Petitioners’ Committee; Affidavit. Any five qualified voters may commence initiative, referendum or recall proceedings by filing with the City Secretary an affidavit stating they will constitute the petitioners’ committee and will circulate the petition and file it in proper form stating their names and addresses and specifying the address to which all notices to the committee are to be sent and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. The affidavit for recall must distinctly and specifically state the reason or reasons for which the petition for recall is predicated and include the other requirements set forth in Section 10.06(b). Promptly after the affidavit of the petitioners’ committee is filed, the City Secretary shall issue the appropriate petition blanks to the petitioners’ committee. (Election of 4-7-79, 5-13-06) Section 10.03 Petitions. (a) Number of Signatures. Initiative, referendum, or recall petitions must be signed by qualified voters of the City equal in number to at least fifty (50) percent of the total number of qualified voters who voted at the last Mayoral election, but no less than three hundred (300). (b) Form and Content. All pages of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. For a petition signature to be valid, the petition must: (1) contain in addition to the signature: (A) the signor’s printed name; and (B) the signor’s 50087982.2 22 (i) date of birth; or (ii) voter registration number and the County of voter registration; and (C) the signor’s residence address (including street address and County of voter registration); and (2) comply with any other applicable requirements prescribed by State law. Petitions shall contain or have attached thereto throughout their circulation the full text of the proposed ordinance or other subject matter of the petition. A recall petition must distinctly and specifically state the reason or reasons upon which the petition is predicated. (c) Affidavit of Circulator. Each page of a petition shall have attached to it when filed the following notarized affidavit, with all blanks properly completed: “STATE OF TEXAS § CITY OF SCHERTZ § I, _________________________________________, being first duly sworn, on oath confirm that (i) I am one of the signers of the above petition, (ii) I personally circulated the foregoing page of said petition, (iii) there are __ signatures on such page, (iv) each of the signatures appearing on such page was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and (vi) each signer had an opportunity to read the full text of the ordinance or other subject matter of the petition. Sworn and subscribed to before me, this the ______ day of ____________, 20__. Signed and Sealed by a Notary Public in and for State of Texas” (d) Filing Recall Petition. Recall petitions shall be initiated and filed with the City Secretary within sixty days after the petitioners’ committee files its affidavit. (e) Filing Referendum Petitions. Referendum petitions must be filed within sixty days after adoption by the City Council of the ordinance sought to be reconsidered. (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06) Section 10.04 Procedure After Filing. (a) Certificate of City Secretary; Amendment. Within twenty days after the petition is filed, the City Secretary shall complete a certificate as to its its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners’ committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners’ committee files a notice of intention to amend it with the City Secretary within two days after 50087982.2 23 receiving the copy of his or her certificate and files a supplementary petition upon additional papers within ten days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of Section 10.03, and within five days after it is filed, the City Secretary shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners’ committee by registered mail as in the case of an original petition. If a petition or amended petition is certified insufficient and the petitioners’ committee does not elect to amend or request City Council to review under subsection (b) of this Section within the time required, the City Secretary shall promptly present his or her certificate to the City Council and the certificate shall then be a final determination as to the sufficiency of the petition. (b) City Council Review. If a petition has been certified insufficient and the petitioners’ committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the City Council. The City Council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the City Council’s determination shall then be a final determination as to the sufficiency of the petition. (c) Court Review; New Petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. (Election of 5-6-89, 5-13-06) Section 10.05 Referendum Petitions; Suspension of Effect of Ordinance. When a referendum petition complying with all the provisions of Sections 10.03 and 10.04 is filed with the City Secretary the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (a) there is a final determination of insufficiency of the petition, or (b) the petitioner’s committee withdraws the petition, or (c) the City Council repeals the ordinance, or (d) voters sustain the ordinance in an election. Section 10.06 Action on Petitions. (a) Action by City Council on Initiative or Referendum. When an initiative or referendum petition has been fully determined sufficient, the City Council shall promptly consider’ the proposed initiative ordinance in the manner provided in Article IV or reconsider the referred ordinance by voting its repeal. If the City Council fails to adopt a proposed initiative ordinance without any change in substance within sixty days or fails to repeal the referred ordinance within thirty days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City at a special election. 50087982.2 24 (b) Action by City Council on Petition for Recall. The recall petition must be addressed to the City Council of the City, must distinctly and specifically point out the ground or grounds upon which such petition for removal is predicated, and, if there be more than one ground, such as for incompetency, misconduct or malfeasance in office, shall specifically state each ground with such certainty as to give the officer sought to be removed notice of the matters and things with which he or she is charged. The officer whose removal is sought may, within five days after such recall petition has been presented to the City Council request that a public hearing be held to permit him or her to present facts pertinent to the charges specified in the recall petition. In this event, the City Council shall order such public hearing to be held, not less than five days nor more than fifteen days after receiving such request for a public hearing. If the officer whose removal is sought does not resign, then it shall become the duty of the City Council to order a recall election and fix a date for holding such recall election. (c) Submission to voters. The special election on a proposed or referred ordinance or petition for recall shall be held on the earliest date permitted by State and federal law after the date of the final City Council vote thereon. Copies of the proposed or referred ordinance shall be made available at the polls. (Election of 5-3-97, 5-13-06) Section 10.07 Results of Election. (a) Initiative. If a majority of the qualified voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the City Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendum. If a majority of the qualified voters voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. (c) Recall. If a majority of the votes cast at a recall election shall be against the recall of the person named on the ballot, he or she shall continue in office for the remainder of his or her unexpired term. If a majority of the votes cast at such election shall be for the recall of the person named on the ballot, he or she shall be deemed removed from office and the vacancy shall be filled as provided in Section 4.06(c) of this Charter. (Election of 5-6-89, 5-3-97, 5-13-06) Section 10.08 Limitation on Recall. No Councilmember shall be subject to recall within six months of his or her election to office nor more than once during one term of office. A recall election need not be ordered by the City Council against any Councilmember on whom a petition is filed if his or her term of office is to expire within ninety days after the petition is filed with the City Secretary. (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06) [End of Article X] 50087982.2 25 ARTICLE XI PUBLIC UTILITIES Section 11.01 Powers of the City. The City shall have such powers with respect to public utilities as may now or hereafter be granted and defined under the Constitution and the general laws of the State. The City shall have the power through eminent domain proceedings to acquire any public utility operating with or without a franchise and furnishing a public service to the citizens of the City. In valuing the property, the measure of damages shall be the fair market value of the physical properties together with its franchise, if any, taken together as one system. This power shall be in addition to and cumulative of any other powers of acquisition granted to or reserved by the City in a franchise ordinance. Prior to the purchase of any existing franchised public utility system, either according to the terms of the franchise or by eminent domain, the City Council must submit the question of the purchase to the qualified voters of the City, and the same must be approved by a majority of those voting in such election. (Election of 5-6-89, 5-3-97, 5-13-06) Section 11.02 Franchises. The City Council shall have power by ordinance to grant, renew and extend all franchises of public utilities of every character operating within the City, and for such purpose is granted full power. The term “public utilities” as used herein is construed to mean any person, firm or corporation furnishing to the public any general public service, including, but not limited to heat, light, power, telephone service, community antenna or cable television service, refrigeration, steam, and the carrying of passengers for hire, or for any other purpose whereby a right to, in part, appropriate or use the streets, highways, or other property of the City is necessary or proper. All ordinances granting, renewing, or extending franchises for public utilities shall be read at two separate regular meetings of the City Council and shall not be passed until thirty days after the first reading; and no such ordinance shall take effect until thirty days after its passage[; and, during such thirty day period, the full text of such ordinance shall be published once each week for two consecutive weeks in the official newspaper of the City, and the expense of such publication shall be borne by the proponent of the franchise]. (Election of 5-13-06) Section 11.03 Franchise Value Not To Be Allowed. In fixing reasonable rates and charges for utility service within the City, nothing shall be included as the value of any franchise granted by the City under this Charter. Section 11.04 Right of Regulation. All grants, renewals, or extensions of public utility franchises, whether it be so provided in the franchise ordinance or not, shall be subject to the right of the City: (a) To require compliance with the terms of the franchise. 50087982.2 26 (b) To require reasonable extensions of plant and service, and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. (c) To establish reasonable standards of service and prevent unjust discrimination in service or rates. (d) To prescribe, for each franchised utility, the form of accounts to be kept or that the system of accounts shall conform to those prescribed by the appropriate State and/or federal utility regulatory agencies. (e) At any time to require annual and other reports by each such public utility pertaining to sales and operations within the City. (f) To impose such reasonable regulations and restrictions as may be desirable or conducive to the safety, welfare, and accommodation of the public. (g) To require such compensation and rental as may be permitted by the laws of the State. (h) To forfeit by ordinance any franchise at any time upon the failure of the grantee to comply with any provision of the franchise, such power to be exercised only after notice and hearing and under the conditions hereinafter provided; provided, however, that action may be taken hereunder only after the City has given to the grantee written notice of the particular or particulars in which it is claimed that the grantee is in default, and the grantee shall have a reasonable time after receipt of such notice, which time in no event shall be less than thirty days, to cure such alleged default or defaults; after the expiration of which time if said default or defaults are not cured the City may, at its option, by ordinance declare the franchise forfeited; and provided further, that such forfeiture shall, however, be subject to the orders of any court of competent jurisdiction in which the grantee may seek review of the forfeiture. (Election 4-7-79, 5-3-97, 5-13-06) Section 11.05 Franchise Records. The City shall maintain a public record of public utility franchises. (Election of 5-3-97, 5-13-06) Section 11.06 Regulations of Rates and Service. The City Council shall have full power after after notice and hearing to regulate by ordinance the rates, charges, and fares of every public utility franchise holder operating in the City and of any other person, firm or corporation exercising any public privilege in the City. Every such utility or person, firm or corporation who shall request an increase in rates, charges or fares, shall have, at the hearing of the City Council called to consider such request, the burden of establishing by clear, competent and convincing evidence, the value of its investments properly allocable to service in the City, and the amount and character of its expenses and revenues connected with the rendering of such service. Such hearing of the City Council shall be held not later than thirty days from the date of the filing of a written request for an increase in 50087982.2 27 rates, charges or fares. If, upon such hearing, the City Council is not satisfied with the sufficiency of the evidence so furnished, it shall be entitled to call upon such utility, person, firm or corporation, for the furnishing of additional evidence at a subsequent date, to which said hearing may be adjourned, which adjourned hearing shall be held not later than thirty days from the date such original hearing. Upon calling for the furnishing of such additional evidence at such adjourned hearing the City Council shall have the right to select and employ, then and later, rate consultants, auditors, and attorneys to conduct investigations, present evidence, advise the City Council, and conduct litigation on such requested increase in rates, charges or fares. Such rate consultants, auditors and attorneys shall be qualified, competent, and of good standing in their professions. The City Council shall, within sixty days after the date of said adjourned hearing, determine and fix by ordinance the rates, charges, charges, or fares to be charged by the applicant filing such request for an increase in rates, charges, or fares. No such utility, person, firm, or corporation shall institute any legal action to contest any rates, charges, or fares until the rates, charges or fares have been fixed by the City Council in accordance with the procedures herein contained; provided however, the failure of the City Council to make determination of rates, charges or fares by ordinance within the sixty day period herein specified shall be deemed a denial of the application for increase theretofore filed. Any time or times prescribed herein may be extended by resolution of the City Council and written agreement of the applicant. Upon failure of the City Council to hold any hearings or make determination of rates, charges or fares by ordinance within the times or extended times as herein provided, the request for increase shall be deemed denied, and no further action shall be prerequisite to institution of legal action by the applicant to contest such rates, charges, or fares as theretofore fixed by the City Council. (Election of 5-3-97, 5-13-06) [End of Article XI] 50087982.2 28 ARTICLE XII GENERAL PROVISIONS Section 12.01 Personal Financial Interest. No officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or service. The above provision shall not apply where the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent of the corporation stock. Any violation of this Section shall constitute malfeasance in office, and any officer or employee of the City found guilty thereof shall thereby forfeit his or her office or position. Any violation of this Section with the knowledge, express or implied, of the person or corporation contracting with the City shall render the contract voidable by the City Manager or by the City Council. (Election of 5-13-06) Section 12.02 Prohibitions. (a) Activities Prohibited. (1) No person shall be appointed to or removed from or in any way favored or discriminated against with respect to any City position or appointive City administrative office because of race, sex, political or religious opinions or affiliations. (2) No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this Charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations. (3) No person who seeks appointment or promotion with respect to any City position or appointive City administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his test, appointment, proposed appointment, promotion or proposed promotion. (4) No [person][City employee or elected or appointed City official] shall orally, by letter or otherwise solicit or assist in soliciting any assessment, subscription or contribution for any political party or political purpose whatever from any person holding any compensated [appointive][City] position. (5) With respect to any campaign for election to an office in the City, no person who holds any compensated [appointive ]City position shall make, solicit or receive any contribution to the campaign funds of any political party or any candidate for such office or take any part in management, affairs or political campaign of any political party, but he may exercise his rights as a citizen to express his opinions and to cast his vote. 50087982.2 29 (6) No person related within the second degree by affinity or within the third degree by consanguinity to any elected officer of the City, or to the City Manager, shall[ be employed by the City or] be appointed to any office, position, or clerkship or other service of the City, but this prohibition shall not apply to any such person related in the prohibited degree who has been continuously employed by the City for not less than two years prior to the election or appointment of the officer. (b) Penalties. Any person who by himself or herself or with others willfully violates any of the provisions of paragraphs (a)(1) through (a)(6) of this Section shall be guilty of misconduct and shall immediately forfeit his or her office or position upon order of the City Manager or the City Council. (Election of 4-7-79, 5-6-89, 5-13-97, 5-13-06) Section 12.03 Liability for Personal Injuries or Death. The City shall be liable for money damages for personal injuries or death only to the extent required by the laws of the State. Before the City shall be liable for damages for the death or personal injuries of any person or for damages to or destruction of property of any kind, which does not constitute a taking or damaging of property under Article I, Section 17, Constitution of Texas, the person injured, if living, or his or her representative, if dead, or the owner of the property damaged or destroyed, shall give the City Council or City Manager notice in writing of such death, injury, damage or destruction, duly verified by affidavit, within forty-five days after same has been sustained, stating specifically in such written notice when, where, and how the death, injury, damage or destruction, occurred, and the apparent extent of any such injury, the amount of damages sustained, the actual residence of the claimant by street and number at the date the claim is presented, the actual residence of such claimant for six months immediately preceding the occurrence of such death, injury, damage or destruction, and the names and addresses of all witnesses upon whom it is relied to establish the claim for damages; and the failure to so notify the City Council or City Manager within the time and manner specified herein shall exonerate, excuse and exempt the City from any liability whatsoever. No act of any officer or employee of the City shall waive compliance, or stop the City from requiring compliance, with the provisions of this section as to notice, but such provisions may be waived by resolution of the City Council, passed before the expiration of the forty-five-day period herein provided, and evidenced by minutes of the City Council. (Election of 5-3-97, 5-13-06) Section 12.04 Charter Amendment. Amendments to this Charter may be framed and submitted to the voters of the City by a charter commission in the manner provided by law, by ordinance passed by a majority vote of the full membership of the City Council, or by a petition signed by not less than five percent of the qualified voters of the City. When a charter amendment petition shall have been filed in conformity with Section 10.03 of this Charter, the City Council shall, subject to applicable law, forthwith provide by ordinance for submitting such proposed amendment to a vote of the voters of the City. Any ordinance for submitting a charter amendment to the voters shall provide for submission of such amendments to the voters in accordance with applicable law. Not less than thirty days prior to such election the City Secretary shall make available [at the City Offices ]a 50087982.2 30 copy of the proposed amendment or amendments[ to each qualified voter of the City]. If a proposed amendment shall be approved by a majority of the voters voting thereon, it shall become a part of the Charter at the time fixed therein. Each amendment shall be confined to one subject; and, when more than one amendment shall be submitted at the same time, they shall be submitted so as to enable the voters to vote on each separately. (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06) Section 12.05 Charter Review Commission. The City Council shall periodically appoint a Charter Review Commission of five citizens of the City. It shall be the duty of the Commission to: (a) Inquire into the operation of the City government under the Charter provisions and determine whether any such provisions require revision and to this end, public hearings may be held and the Commission shall have the power to compel the attendance of any officer or employee of the City to require the submission of any of the City records which it may may consider necessary to the conduct of such hearing. (b) Make any recommendations it considers desirable to insure compliance with the provisions of this Charter by the several departments of the City. (c) Propose amendments to this Charter to improve its effective application to current conditions. (d) Report its findings and present its proposed amendments, if any, to the City Council. The City Council shall receive any report submitted by the Charter Review Commission, may comment on any proposed amendment recommendations made, and, if any amendment or amendments are presented as a part of such report, shall order such to be submitted to the voters of the City in the manner provided in Section 12.04. The term of office of the Charter Review Commission shall be 180 days after the date of appointment of the Commission, and, if during this term no report is presented to the City Council, then all records of the proceedings of the Commission shall be filed with the City Manager and the Charter Review Commission shall be dismissed. (Election of 4-7-79, 5-3-97, 5-13-06) Section 12.06 Separability. If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of this Charter or any of its provisions to any person or circumstances is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby. (Election of 4-7-79, 5-13-06) Section 12.07 State Law. References in this Charter to “State law” shall refer to applicable provisions of State law in effect from time to time. (Election of 5-13-06) 50087982.2 31 50087982.2 32 Section 12.08 Headings. Headings and titles of Sections and subsections of this Charter are for convenience only and shall not affect the meaning of any provisions within such Sections. (Election of 5-13-06) [End of Article XII] CCM TPWD Indoor Grant.doc Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: July 22, 2008 Department: Parks and Recreation Subject: Ordinance No. 08-M-35 -prohibiting the drilling or mining of non-renewable resources in City of Schertz Public Parks Final Reading ______________________________________________________________________________ BACKGROUND The City of Schertz, Texas is applying for an Indoor Grant from the Texas Parks and Wildlife Department (TPWD) in connection with the New Schertz Recreation Center. The TPWD Indoor Grant request is for $750,000. The TPWD Grant application process requires an Ordinance from the requesting political subdivision that prohibits the drilling and mining of non-renewable resources on the site where the Grant funds will be spent. This Ordinance will also address future TPWD Outdoor Park Grants and TPWD Regional Grants. The TPWD Outdoor Grant Program will also require the same Ordinance language addressing the drilling and mining of non-renewable resources in city park sites. The Parks Advisory Board was briefed on the Indoor Grant Application Project at their regularly scheduled meeting in May of 2008. City Council passed this on first reading at their meeting of July 15, 2008. FISCAL IMPACT: Possible award of a TPWD $750,000 Indoor Grant RECOMMENDATION Staff recommends approval of Ordinance No. 08-M-35 final reading ATTACHMENT Ordinance No. 08-M-35 ORDINANCE NO. 08-M-35 AN ORDINANCE PROHIBITING DRILLING AND MINING FOR NONRENEWABLE RESOURCES OR THE REOPENING OF ANY ABANDONED WELL OR MINE WITH THE EXCEPTION OF WATER WELLS IN ANY PUBLIC PARK LOCATED WITHIN THE CITY LIMITS OF THE CITY OF SCHERTZ, TEXAS AND DECLARING AN EFFECTIVE DATE WHEREAS, in connection with applications by the City of Schertz, Texas (the “City”) to the Texas Parks and Wildlife Department (“TPWD”) for certain grants, the City is required by TPWD to adopt an ordinance that prohibits the drilling and mining of non-renewable resources on the site where TPWD grant funds will be spent; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the citizens of the City to adopt this Ordinance, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. All forms of drilling and mining of non-renewable resources are permanently prohibited in any public park located within the City limits of the City of Schertz, Texas. Section 2. No previously drilled and abandoned well or mine, with the exception of water wells for irrigation purposes only, may be reopened in any public park located within the City limits of Schertz, Texas. The reopening of any such water wells must be approved by the City Manager. 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 City Council. Section 4. All ordinances and resolutions, 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 ordered 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 this Council hereby declares that this Ordinance would have been enacted without such invalid provision. ORDINANCE TPWD Indoor Grant.doc ORDINANCE TPWD Indoor Grant.doc 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, Texas Government Code, as amended. Section 8. This Ordinance shall be in force and effect from and after its final passage and any publication required by law. Approved on first reading the 15th day of July, 2008. PASSED, APPROVED AND ADOPTED the 22nd day of July, 2008. CITY OF SCHERTZ, TEXAS Mayor ATTEST: ________________________________ City Secretary (SEAL OF THE CITY) Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: July 22, 2008 Department: City Manager Subject: Moratorium on telecommunication antennas and towers BACKGROUND In connection with development of the revised Unified Development Code, staff recommends a 120-day moratorium on the issuance of permits for building and installing certain telecommunications antennas and towers. This action will not affect the building or installation of such facilities and equipment on a property owner’s building (such as a hotel’s antenna on the hotel) or on City property. As a modification of the Unified Development Code, this action is presented as an Ordinance. FISCAL IMPACT None RECOMMENDATION Adoption of Ordinance No. 08-M-38 ATTACHMENT Ordinance No. 08-M-38 7-22 CCM Item 7.doc ORDINANCE NO. 08-M-38 A ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS DECLARING A ONE HUNDRED TWENTY DAY MORATORIUM ON THE ISSUANCE OF PERMITS FOR CERTAIN TELECOMMUNICATION ANTENNAS AND TOWERS, PROHIBITING THE PLANNING AND ZONING COMMISSION FROM CONSIDERING OR MAKING RECOMMENDATIONS REGARDING APPLICATIONS FOR SUCH TELECOMMUNICATIONS PERMITS FOR A PERIOD OF ONE HUNDRED TWENTY DAYS, AND DECLARING AN EMERGENCY WHEREAS, the City of Schertz, Texas (the “City”) has established standards and regulations for telecommunication antennas and towers located within the City in Article XVIII Unified Development Code; WHEREAS, in connection with the amendment of the Unified Development Code, the City Council of the City desires one hundred twenty days to research and determine the best policy for the City regarding the future use of certain telecommunication antennas and towers within the City; WHEREAS, it is recommended that the City place a moratorium on issuing certain permits for telecommunication antennas and towers for a period of one hundred twenty days; and WHEREAS, it is recommended that the Planning and Zoning Commission be barred from considering applications for permits for such telecommunication antennas and towers for a period of one hundred twenty days. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1 Subject to Sections 2 and 3, for a period of one hundred twenty days after the date of adoption of this Ordinance, no permits for telecommunication antennas and towers shall be issued by the City. For a period of one hundred twenty days after the date of adoption of this Ordinance, the Planning and Zoning Commission shall not consider and shall make no recommendations to the City Council regarding applications for such telecommunication antennas and towers permits. Section 2 The provisions of this Ordinance shall not apply to antennas and towers which are an integral part of a property owner’s building for use in the business activities of the property owner, such as an antenna installed on and owned by a hotel by the hotel owner for the convenience of hotel employees and guests. Section 3 The provisions of Article XVIII of the Unified Development Code do not apply to telecommunication antennas and towers owned by the City. As a result, the moratorium established by this Ordinance shall not apply to such telecommunication antennas and towers owned by the City. 7-22 Ordn 08-M-38.doc -1- 7-22 Ordn 08-M-38.doc -2-Section 4 All ordinances, resolutions, or parts of ordinances or resolutions in conflict with this Ordinance are hereby repealed. Section 5 By vote of not less than two-thirds of the members of the City Council present at the meeting at which this Ordinance was first considered, the City Council has determined that an emergency exists which requires immediate action, and this Ordinance is hereby adopted on a single reading and shall be effective upon the date hereof and any publication required by law. PASSED, APPROVED, AND ADOPTED on first and final reading this the 22nd day of July, 2008. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz (SEAL OF CITY) Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: July 22, 2008 Department: Planning & Zoning Subject: Ordinance No. 08-S-36 – Hold a public hearing, consider and/or act on approval of first reading of an ordinance amending Ordinance No. 96-S-28 being the Unified Development Code (UDC) to rezone 53.391± acres of land out of the F. Rodriguez Survey no. 99, Abstract No. 484, City of Schertz, Comal County, Texas, from Manufacturing District-Light (M-1) to Public Use District (PUB) First Reading Background: The City has been in discussions with the property owners regarding the construction of a new Catholic High School. The property is currently zoned M-1 and requires a zone change to allow a private school. In 2006 the Planning and Zoning Commission and City Council considered a zoning change from PD to R-6 and denied the proposed zoning change. Analysis & Discussion: Proposed Use: Private High School Existing Use /Site Attributes: Residential/Agricultural Special District: There are no Special Districts that affect this property Providing: • This development will in no way cause damage or destruction to any protected or heritage trees. • No portion of the proposed development is affected by the 100-year floodplain. County: This property is located in Comal County School District: The subject property is within the Comal ISD boundaries Floodplain: No portion of this property is within the 100-year floodplain Adjacent Zoning /Land Use: North: Un-zoned, U.P.R.R and FM-482 right-of-way, and Comal Elementary School East: Un-zoned, right-of-way Friesenhahn Lane South: Zone Manufacturing District-Light (M-1), Residential/Agricultural West: Zoned Residential Agricultural (R/A), Residential and Agricultural Zoning Description: Item 6 ZC2008-007 John Paul II-Zone M1-PUB [07-22-08].doc City Council Memorandum Page 2 Item 6 ZC2008-007 John Paul II-Zone M1-PUB [07-22-08].doc Public Use District (PUB) Intended to identify and provide a zoning classification for land that is owned or may be owned by the City, State, Federal and School District; land that has been dedicated for public use such as parks and recreation; and, land designated and dedicated to the City as a greenbelt. (PUB) Public Use District Uses: Antenna and /or Antenna Support Structure (S), Athletic Stadium, Private (S), Athletic Stadium, Public, Church, Temple, Synagogue, Mosque, or Other Place of Worship, Civic/Convention Center, Government Facilities, Municipal Uses Operated by the City of Schertz, Recycling Collection Point, School, Public or Private, Welding/Machine Shop, New and Unlisted Uses as Provided by Article IV, Section 4 (S). (S) = Specific Use Permit ZONING Minimum Area Minimum Lot Width Minimum Lot Depth Minimum Front Yard Setback Min Side Setback Min Rear Setback Min Side Setback Adj. Res Min Rear Setback Adj. Adj. Res PUB None None None None None None None None There is no density or dimensional requirements in the PUB zoning category. Project Review & Action: This is a request to change the zoning from M-1 to PUB. There was a previous zoning request on this property in 2006 which was denied by City Council on April 4, 2006. The consensus of the City Council and Planning and Zoning Commission was that the highest and best use of the property on the northwest side of IH-35 is for non-residential development. The Economic Development Department has been working with the property owner and the Archdiocese to determine a suitable location for the construction of a new Catholic High School. After extensive negotiations, this site was chosen. Staff has reviewed this request for consistency with existing City Codes and Ordinances. In accordance with Article XVI, Section 7.4 of the UDC, when considering this zoning change request, the City Council may take the following actions: A. The City Council may approve the request or amendment either as requested, or in the form of a more restrictive district, and subject to such appropriate conditions as are allowed by law. Such approval of any request for a text amendment to the Unified Development Code or a zoning change and map amendment shall be granted only if the Council determines that the request or amendment is consistent with the Comprehensive Plan and the purposes of the Unified Development Code. In the event the request or amendment concerns a text amendment to the Unified Development Code or a zoning change and map amendment, the Council shall amend the Unified Development Code or the official Zoning Map, whichever is applicable. B. The City Council shall be at liberty to approve application as submitted, approve with additional changes made at the councils' discretion, or reject the application, changes or modifications recommended by the Council shall be part of the amendment to the UDC changing the zoning classification. FISCAL IMPACT City Council Memorandum Page 3 Item 6 ZC2008-007 John Paul II-Zone M1-PUB [07-22-08].doc None RECOMMENDATION At the July 9, 2008 Planning and Zoning Commission meeting Mr. Sommers moved to forward to City Council a recommendation to approve the above request. Ms. Tutschke second the motion. Vote Aye: Ms. Tutschke, Mr. Sommers, and Mr. Greenwald. Vote Nay: Mr. Richmond and Mr. Wallace. Not present were Mr. Edwards and Mr. Evans. Mr. Richmond brought to the Commissioners attention that the Planning and Zoning Commission Bylaw (adopted May 1987), Section VII, Commission Actions number 2, states: A motion to approve any matter before the Commission or to recommend approval of any request requiring Council action shall require four (4) favorable votes of the members present. When fewer than all the members are present for the voting and when all motions to recommend on a given application fail to secure four(4) concurring votes, consideration of the applications shall be continued to the next regular meeting upon motion carried by a majority of those present. Provided further that no request or application shall be continued under the rule beyond the next regular meeting, failure of the Commission to secure four (4) concurring votes to approve or recommend approval at the next regular meeting shall be recorded in the minutes as a denial of the proposal under the rule. Therefore; Mr. Sommers moved to suspend the rule that requires four (4) favorable votes and to allow a simple majority vote for the purpose of this zoning request. Mr. Greenwald second the motion. Vote unanimous. Pursuant to the recommendation of the Planning and zoning Commission, staff recommends Council approve Ordinance No. 08-S-36 on first reading. ATTACHMENT Ordinance No. 08-S-36 ORDINANCE NO. 08-S-36 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96-S-28 REZONING 52.391± ACRES OF LAND OUT OF THE F. RODRIGUEZ SURVEY NO. 99, ABSTRACT 484 CITY OF SCHERTZ, COMAL COUNTY, TEXAS FROM MANUFACTURING–LIGHT DISTRICT (M-1) TO PUBLIC USE DISTRICT (PUB); PROVIDING AN EFFECTIVE DATE; PROVIDING A REPEALING CLAUSE; PROVIDING A SERVABILITY CLAUSE; AND PROVIDING A PENALTY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: UDC Ordinance No. 96-S-28 of the City of Schertz, Texas is hereby amended in the following manner. SECTION I “Establishing permanent zoning for a 52.391± acre tract being situated out of the F. Rodriguez Survey No. 99, Abstract No. 484, Comal County, Schertz Texas, more particularly described in the Field Notes and Map, as attached hereto as Exhibit A, of Public Use District (PUB)” SECTION II Creating development standards applicable to this property as established in the attached “Exhibit A”. SECTION III The Official Zoning Map of the City of Schertz described and referred to in Article III, of the UDC, Ordinance 96-S-28 shall be changed to reflect the above amendments. SECTION IV 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. SECTION V Attachemnt 6A-ORD-ZC2008-007 John Paul II Catholic HS [M1to PUB].doc Attachemnt 6A-ORD-ZC2008-007 John Paul II Catholic HS [M1to PUB].doc This Ordinance shall be effective immediately from and after its final passage and any publication in accordance with the requirements of the City of Schertz and the laws of the State of Texas SECTION VI The sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or section s of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION V Any person, firm, association of persons, corporation or other organization violating the provisions of this ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offence. Approved on first reading the ______ day of July, 2008. PASSED, APPROVED AND ADOPTED the _____ day of August, 2008. ____________________________________ Mayor, City of Schertz, Texas ATTEST: ________________________________ City Secretary, City of Schertz, Texas (SEAL OF THE CITY) 1 Memorandum To: Planning Department From: Economic Development Dept Date: 07/17/2008 Re: Zone change from M1 to PUB on Friesenhahn Rd and FM 482 Proposed site info: Pope John Paul II High School This campus will serve communities in and around New Braunfels, Seguin, NE Bexar and Schertz. 1. The campus will ultimately serve freshman through senior students, although the first year of operations anticipates freshman and sophomore classes only. 2. The campus will be constructed in phases with an approximated 120,000 total square feet (chapel, classrooms, labs, administration offices, 2 gyms, a fine arts facility, outdoor athletic facilities -football, baseball, softball, soccer and tennis). 3. The investment is anticipated at approximately $25,000,000, considering current construction costs. 4. The estimated enrollment is approximately 50-75 students during the school year of 2009-2010 with long term anticipated growth to 500-600 students. The ED Dept expects this project to spur economic growth in the area along with improving educational “quality of life” for the region. Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: July 22, 2008 Department: Planning & Zoning Subject: Ordinance No. 08-S-37 Conduct a Public Hearing and consideration and/or action on a request for a Specific Use Permit (SUP) for Lot 25 Block 2 of the Windy Meadows Subdivision consisting of approximately 1.0 acres of land located approximately 370 feet east of the intersection of FM-1518 and Windy Meadows Drive. This proposed commercial lot is currently zoned General Business District – 2 (GB-2) and is located within the Air Installation Compatible Use Zone (AICUZ). First Reading Background: This commercial lot is affected by the AICUZ (APZ-1) and is required to obtain a Specific Use Permit (SUP) in the accordance with the Unified Development Code (UDC). The purpose of the SUP process for this project is to ensure compatibility with the Randolph Brooks AICUZ Study. Analysis & Discussion: Proposed Use: Indoor boarding and kennels which is a permitted use in the GB-2 zoning. Existing Use /Site Attributes: Undeveloped Special District: The subject property is located in the APZ-1 Providing: • This development will in no way cause damage or destruction to any protected or heritage trees. • No portion of the proposed development is affected by the 100-year floodplain. • Access will be provided directly from the existing Windy Meadows Drive. Staff Review Analysis: Staff has reviewed this Specific Use Permit for consistency with existing codes and ordinances. This Specific Use Permit appears to meet the requirements of the Unified Development Code. The purpose of the Specific Use Permit process is to identify those uses which might be appropriate within a zoning district, but due to their location, functional or operational nature, could have a potentially negative impact upon surrounding properties; and to provide for a procedure whereby such uses might be permitted by further restricting or conditioning them so as to eliminate such probable negative impacts. Item 7 Windy.doc City Council Memorandum Page 2 Item 7 Windy.doc The City Council may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this Code and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, suitable landscaping and additional improvements such as curbing and sidewalks. Public Hearing Notice: The public hearing notice was published in The Daily Commercial Recorder on Thursday, June 19, 2008 and the Herald on June 26, 2008. Eleven (11) notices were mailed to surrounding property owners in the City of Schertz on June 19, 2008. Reply notices are as followed: Favor: None Opposed: One, William J. Barnett, (“I don’t want my renters to have to listen to dogs barking”) Undecided: None Return to Sender: None City Council schedule is as follows: DATE ITEM ACTION Tuesday, July 22, 2008 Zoning Public Hearing and First Reading of Ordinance. Tuesday, August 5, 2008 Zoning Final Reading of Ordinance. FISCAL IMPACT None RECOMMENDATION At the July 9, 2008 Planning and Zoning Commission meeting Mr. Wallace moved to forward to City Council a recommendation to approve the above request. Mr. Sommers second the motion. Vote unanimous Pursuant to the recommendation of the Planning and zoning Commission, staff recommends Council approve Ordinance No. 08-S-37 on first reading. ATTACHMENT Ordinance No. 08-S-37 ORDINANCE NO. 08-S-37 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96-S-28 BY GRANTING A SPECIFIC USE PERMIT FOR APPROXIMATELY 1.0± ACRE OUT OF THE TORIBIO HERRERA SURVEY, ABSREACT NO. 153 MORE PARTICULARLY DESCRIBED AS LOT 25, BLOCK 2 OF THE WINDY MEADOWS SUBDIVISION, GUADALUPE COUNTY, SCHERTZ, TEXAS FOR COMMERCIAL USE IN THE AIR INSTALLATION COMPATIBLE USE ZONE (AICUZ), (APZ-1); PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: UDC Ordinance No. 96-S-28 of the City of Schertz, Texas is hereby amended in the following manner. SECTION I “Grant a Specific Use Permit for 1.0± acres out of the Toribio Herrera Survey Abstract No. 153, Guadalupe County, Schertz Texas, more particularly described as Lot 25, Block 2 of the Windy Meadows Subdivision in the specific use exhibit as attached hereto as Exhibit A, to allow for a commercial lot in the Air Installation Compatible Use Zone (AICUZ), (APZ-1).” SECTION II Creating development standards applicable to this property as established in the attached “Exhibit A”. SECTION III The Official Zoning Map of the City of Schertz described and referred to in Article III, of the UDC, Ordinance 96-S-28 shall be changed to reflect the above amendments. SECTION IV 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. SECTION V Attachment 7A-ORD-SUP2008-003 Windy Meadows [AICUZ] Lot 25 Block 2.doc Attachment 7A-ORD-SUP2008-003 Windy Meadows [AICUZ] Lot 25 Block 2.doc This Ordinance shall be effective immediately from and after its final passage and any publication in accordance with the requirements of the City of Schertz and the laws of the State of Texas SECTION VI The sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or section s of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION V Any person, firm, association of persons, corporation or other organization violating the provisions of this ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offence. Approved on first reading the ______ day of July, 2008. PASSED, APPROVED AND ADOPTED the _____ day of August, 2008. ____________________________________ Mayor, City of Schertz, Texas ATTEST: ________________________________ City Secretary, City of Schertz, Texas (SEAL OF THE CITY)