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2007H32-Health ORDINANCE NO. 07-H-32 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 34, HEALTH, FORMERLY CHAPTER 7 Yz, HEALTH. WHEREAS, Chapter 34 of the Code of Ordinances was previously codified as Chapter 7 Yz of such Code. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I Chapter 34, formerly Chapter 7 Yz, Sections 34-1, 34-2, 34-23, 34-24, 34-28, 34-29, 34-48, 34-49,34-55, 34-60, 34-91, and 34-94 and Exhibit 1 thereto of the Code of Ordinances, City of Schertz, Texas are hereby amended as follows: "Sec. 34-1. Appointment of Health Official. The Health Official shall be appointed by the City Manager. . All activities of the Health Official shall be coordinated through the Director of Development Services." "Sec. 34-2. Duties and Powers of the Health Official. (a) Generally. The Health Official is hereby authorized and directed to enforce the provisions of this Chapter and other related ordinances of the City. The Health Official shall have the authority to render interpretations of this Chapter and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Chapter and shall not have the effect of waiving requirements specifically provided for in this Chapter. (b) Health Official Qualifications. The Health Official shall either (1) be a Registered Professional Sanitarian in Texas or a Sanitarian-in- Training as defmed in Title 25, Section 265.142 of the Texas Administration Code or (2) meet the Food and Drug Administration Voluntary National Retail Food Regulatory Program Standards basic curriculum and field training elements, as accepted by the Texas Department of Health. (c) Assistant Inspector Appointment and Qualifications. The Director of Development Services, with the approval of the City Manager, may appoint such additional officers, inspectors, assistants, and other employees as shall be authorized from time to time. Such employees shall hold a Code Enforcement License issued by the Texas Department of Health and have such powers as are delegated by the Health Official. 20195191.5 1 (d) Inspection Agencies. The Director of Development Services is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the City's established requirements as to qualifications and reliability. (e) Fees and Salary. The fees, salary, or both for the Health Official shall be set in the annual budget of the Inspection Department approved by the City Council. All fees shall be as set forth in Exhibit 1 of this Chapter, as modified from time to time. (f) Reports. The Health Official shall give attention to the health and sanitary conditions of the City and report to the City Manager and the City Council once each month, making recommendations as necessary conducive to the cleanliness of the City and the general health of the citizens. (g) Right of Entry. It shall be unlawful for any person to interfere, hinder, or delay the Health Official, deputies, inspectors, or officers in the discharge of any duties under this Chapter or to refuse to comply with the orders of the Health Official. The Health Official shall issue all necessary notices or orders to ensure compliance with this Chapter. (h) Orders of Correction. The Health Official shall have the authority whenever, in his or her opinion, a nuisance detrimental to health exists to cause the same to be abated or removed. (i) Appeals. The City Manager shall hear and decide on all appeals or orders, decisions, or determinations made by the Health Official relative to the application and interpretation of this Chapter. U) Liability. The Health Official and other City employees charged with the enforcement of this Chapter shall not be held personally liable for any damage accruing to persons or property as a result of any act or omission while performing the duties required by this Chapter, so long as such Health Official or other City employee is acting in good faith and without malice." "Sec. 34-23 Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings, ascribed to them in the section, except where the context clearly indicates a different meaning: (a) Authorized Agent or Employee means the Health Official and any deputies, assistant inspectors, or other officers representing the City of Schertz pursuant to this Article. (b) Food and/or Beverage Establishment means a food and/or beverage service establishment, a retail food and/or beverage store, a temporary food and/or beverage establishment, a mobile food and/or beverage unit and/or a roadside food and/or beverage vendor. (c) Food and/or Beverage Handler means any person, including cook, cook's helper, waiter, waitress, dishwasher, bartender, barmaid, busboy or any other person, whether compensated or not, engaged in the delivery, storing, preparation, dispensing or serving food or beverages for human consumption, or who engages in the handling, use, cleaning or preparation for use of any 20195191.5 2 pots, pans, grills, skillets, plates, trays, eating and drinking equipment/utensils, or similar wares on which such foods or beverages are prepared, dispensed or served. (d) Permit means a license to operate a food and/or beverage establishment within the City of Schertz for a specified period of time for a stated fee as established in Exhibit 1 of this Chapter. ( e) Regulatory Authority means the City of Schertz. (f) State Rules means rules described in Section 34-22. These rules are also known as the Texas Food Establishment Rules." (g) Temporary Food Establishment means a food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration. "Sec. 34-24 Inspection of Food and Beverage Establishment. (a) In addition to the rules adopted in Section 34-22, the City of Schertz adopts by reference the provisions of current rule or rules as amended by the Texas Board of Health found in Title 25 of the Texas Administrative Code, Chapter. 217, Milk and Dairy, subchapter C, rules for Manufacture of Frozen Desserts; rule 217.65, Examination and Standards for Frozen Desserts. (b) As often as deemed necessary for the proper enforcement of the provisions of this Article and the State rules, the Health Official shall inspect every food and/or beverage establishment that is located within the City at least twice annually. The person operating the food and/or beverage establishment shall, upon request of the Health Official, permit access and allow the inspection of all parts of the establishment. (c) In case of any items of violation identified by or brought to the attention of the Health Official, the person in charge of such establishment shall be advised of the violation. A second inspection will be made after a lapse of sufficient time, as the Health Official deems sufficient for correction of the violation. Any violation of the same provision on such second inspection shall call for an immediate suspension of the food and/or beverage establishment permits. (d) In the interest of public clarification, the results from compiling the inspection report will be converted to a letter grade with the letter "A" being the highest level of food service operation. The criteria for the various certificates are: Grade "A" - Attain a sanitation score of 85 or above; Grade "B" - Attain a sanitation score of 70 and 84; Grade "c" - Below 70 on the sanitation inspection. (e) An inspection certificate shall be issued and a copy shall be posted by the Health Official at some conspicuous location on the premises where it will be clearly visible to all patrons. The certificate shall not be defaced and may not be removed by any person except the Health 20195191.5 3 Official. Violation of this Section shall be a Class C Misdemeanor punishable by a fine not to exceed $200.00 per day that the certificate is removed, moved or defaced and/or suspension of the food establishment permit for 30 days. The Health Official shall permit the owner to correct any non-critical infractions within no more than 24 hours. If the Health Official determines that the infraction is of an immediate threat to the public health, there shall be no grace period for correction. Repeat violations may result in higher point deduction." "Sec. 34-28. Permits. (a) It shall be unlawful for any person to operate a food and/or beverage establishment, or temporary food and/or beverage establishment without a valid food and/or beverage establishment permit issued by the City. All permits expire on September 30 of each year and are due and payable on October 1 of each year. Permits are not transferable from one establishment to another or from one person to another. Permits must be posted in a conspicuous place. (b) All permits may be suspended or revoked by the Health Official upon the violation by the holder of any of the terms of this Article, following which, unless corrections are immediately made, action may be instituted in the name of the City in any court of competent jurisdiction to obtain a restraining order or permanent injunction preventing such person from operating unless immediate compliance with the provisions of this Article is obtained. Revocation of a permit for any cause whatsoever is still affected by the issuance of the statement that the permit may be made at any time and will be approved provided that full compliance of the provisions of this Article is accomplished. (c) Whenever a food and/or beverage establishment is constructed or extensively remodeled or whenever an existing structure is converted to use as a food and/or beverage establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the City for review before work is begun. Extensive remodeling means that 20% or greater of the area of the food and/or beverage establishment is to be remodeled. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction materials of work area, and the type of model of proposed fixed equipment and facilities. The City will approve the plans and specifications if they meet the requirements of the rules contained in this Article. The approved plans and specifications must be followed in construction, remodeling or conversion prior to opening for business; each new establishment will be inspected by the Health Official to ensure compliance with this Article." "Sec. 34-29. Penalty. Any person, firm, corporation or agent who shall violate a provision of this Article, or fail to comply therewith, or with any other requirements thereof, shall be guilty of a Class C misdemeanor. Such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Article is committed or continued, and upon conviction of any such violation, such person shall be punished by a fme not to exceed two thousand dollars ($2,000.00)." 20195191.5 4 "Sec. 34-48. Definitions. The following words, terms and phrases, when used in this Article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) Household Hazardous Waste means toxic automotive products; fungicides, herbicides, insecticides, and weed fillers; toxic household products; paints, thinners, and other wood treatment products. (b) Municipal Solid Waste or MSW means garbage, trash, refuse, brush, yard waste, and other waste generated in residences and commercial establishments. ( c) Permanent means any period of time 30 days or more. (d) Recycling means the curbside collection of that fraction of MSW that is reusable and has resale value. (e) Temporary means any period of time less than 30 days. (f) White Waste means refrigerators, washing machines, tires, large pieces of furniture or other bulky items. "Sec. 34-49. Grants of Authority. The City has the authority for the award of franchises under this Article, and the award of such a franchise may be exclusive or nonexclusive. The award of a franchise will include provisions allowing for the occupation or use of streets, alleys, easements, and public ways within the City and its extraterritorial jurisdiction, to the extent necessary to accomplish the objective of the franchise, for an agreed upon consideration." "Sec. 34-55. Special Considerations. (a) The franchisee will provide pickup twice weekly for the City at City properties at no cost to the City. Containers will be of the size and type appropriate to volume and characteristics of material. (b) The franchisee will provide special pickups during the July 4th, Schertz Jubilee, and Annual Firemen's Supper at no charge. Placement of containers will be at the direction of the City Public Works Department. The franchisee will provide a 20 cubic yard roll-off container at no charge to the City. (c) Twice each year the franchisee will pickup white waste: (I) The franchisee will provide special pickup services daily at designated locations during the Schertz Annual Spring Cleanup. The franchisee will provide five 40 cubic yard roll-off containers to the City placed at sites determined by the Director of Public 20195191.5 5 Works. This pickup will include large household appliances, furniture (or bulky items) tires, or other material not normally collected during twice-weekly pickup. The dates will be established by the City. This service will be no cost to the City, or the public. Selected dates shall be published in local media at the expense of the franchisee. (2) The franchisee will provide special pickup services daily at designated locations during the Schertz Annual Fall Cleanup. The franchisee will provide five 40 cubic yard roll-off containers to the City. Scheduling will be at the direction of the franchisee, with a minimum of 150 days after the Schertz Annual Spring Cleanup. This pickup will include large household appliances, furniture (or bulky items), tires, or other material not normally collected during twice weekly pickup. This service will be at no cost to the City, or the public. Selected dates shall be published in local media at the expense of the franchisee. (d) The franchisee will provide services for the collection of household hazardous waste. The franchisee may charge a fee for this service to be billed by the City. (e) The franchisee will provide services for special residential pickups, such as new move-ins, tree trimming, and similar circumstances. The franchisee may charge a fee for this service to be billed by the City. (f) The franchisee will provide for a recycling service. (g) Provisions for special considerations may vary based on the specific purpose of a franchise. "Sec. 34-91. Smoking in Public Places Generally Prohibited, and Other Offenses. A person commits an offense if he/she: (a) knowingly smokes in a public place and is not in an area designated as an employee smoking area or as a smoking area under this Article; or (b) is the owner, lessee, or other person in charge of a public place or restaurant and knowingly or intentionally permits, or fails to make a reasonable effort to prevent commission, by another, of the offense described within subsection (a) of this section; or (c) fails to have prominently displayed a no-smoking sign, a designated smoking area sign as required by this article; or (d) is an employer who operates a place of employment in the City and fails to adopt and implement a smoking policy which is consistent with the requirements of this Article within three months of adoption of this Article or upon opening for business, or fails to maintain thereafter a written smoking policy which is consistent with the requirements of this Article; or (e) is an employer who operates a place of employment in the City and fails to communicate a smoking policy which is consistent with the requirements of this Article to all employees within 20195191.5 6 three weeks of adoption of the policy or fails to post the smoking policy conspicuously in all workplaces under the employer's jurisdiction. "Sec. 34-60. Notices. Where written notices are to be provided under this Article, such notices shall be sufficient to notify franchisee if mailed by certified mail to the address specified in the franchise and shall be sufficient to notify the City if mailed by certified mail to City Secretary, City of Schertz, 1400 Schertz Parkway, Schertz, Texas 78154." "See Sec. 34-94. Places of Employment. Each employer who operates a place of employment in the City shall, within three months of adoption of this Article or upon opening for business, adopt, implement, and maintain a written smoking policy which is consistent with the requirements of this Article. If smoking will be permitted, the policy shall contain, at a minimum, the following provisions and requirements: (a) The owner, lessee, or other person in charge of a public place may, but is not required to, designate on or more areas as smoking areas for the use of the employees as part of the smoking policy provided for in this section. A designated employee smoking area may include private enclosed offices. Designated employee smoking areas may be located in areas to which employees, but not the general public, except by invitation only, have access during the course of employment. A common employee work area shall not be designated as an employee smoking area unless every person who works in that area agrees in writing to the designation. In no event shall an employee restroom or an area containing food or drink dispensing facilities be designated as an employee smoking area. (b) If such employee smoking area is designated, each such smoking area shall: (1) be in an area set aside for the use of employees, but not accessible to members of the general public except by specific invitation of the employer or employee; (2) be ventilated to prevent the mixing of air from the designated employee smoking area to other areas or the public area; (3) be a physically enclosed area separated from nonsmoking areas; (4) be designated by appropriate signs which are clearly visible to employees and members of the public entering the area; and (5) contain ashtrays, containers, or other facilities for the extinguishment of smoking materials. (c) The smoking policy shall be communicated within three weeks of adoption to all employees and shall be posted conspicuously in all workplaces under the employer's jurisdiction. 20195191.5 7 (d) The owner, lessee, or other person in charge of a public place that designates one or more areas as designated smoking areas for the public shall not require employees to work in a designated smoking area if the employee request to work in a nonsmoking area. "EXHIBIT 1 FEES (1) Food and/or Beverage Establishment Permits Fees:* 1 - 3, $100.00 4 - 6, $200.00 7 - 10, $300.00 11 - 20, $400.00 21 plus, $500.00 Exception: Nonprofit organizations will pay a permit fee of$lOO.OO regardless of the number of employees or volunteers. (2) Temporary Food and/or Beverage Establishment Permit Fees, $50.00 (3) Frozen Dessert and Frozen Beverage Machines, $125.00 (4) Individual Charge for Food Handler's Class, $14.00 (5) Mobile Venders, $150.00 (6) Swimming Pool Permits, $75.00 * Based on number of employees" 20195191.5 8 SECTION II Chapter 34, formerly Chapter 7Yz, of the Code of Ordinances, City of Schertz, Texas is hereby a:J~ended to add Section 34-22 and Article V, which reads as follows: 1 "Sec. 34-22 Adoption of Texas Food and Beverage Establishment Rules. The City of Schertz hereby adopts Title 25 of the Texas Administrative Code, as amended, Chapter 229, Sections 161 through 171 and 173 through 175, as amended from time to time regarding the regulation of food and/or beverage establishments within the City of Schertz." "ARTICLE V. SWIMMING POOLS AND SPAS Sec. 34-100. In General. The City of Schertz hereby adopts the provisions of Title 25 of the Texas Administrative Code, as amended, Chapter 265, Subchapter L, Sections 181 through 208, regarding the regulation of swimming pools and spas. This Article shall not apply to swimming pools and spas that are located on a lot zoned single-family residential. All other swimming pools and spas in the City of Schertz shall be subject to the provisions of this Article. Sec. 34-101. Permits. (a) It shall be unlawful for any person to operate a swimming pool or spa without a valid permit issued by the City. Permits are valid for one year. All permits expire on September 30 of each year and permit fees are due and payable on October 1 of each year. All permits must be renewed within 30 days after October 1 or they will be suspended. Permits are not transferable from one establishment to another or from one person to another. Permits must be posted in a conspicuous place at the location of the swimming pool or spa. (b) All permits may be suspended or revoked by the Health Official upon the violation by the holder of any of the terms of this Article, following which, unless corrections are immediately made, action may be instituted in the name of the City in any court of competent jurisdiction to obtain a restraining order or permanent injunction preventing such person from operating the swimming pool or spa unless immediate compliance with the provisions of this Article is obtained. Revocation of a permit for any cause whatsoever is still affected by the issuance of the statement that the permit may be made at any time and will be approved provided that full compliance of the provisions of this Article is accomplished. (c) Whenever a swimming pool or spa is constructed or extensively remodeled, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the City for review before work begins. Extensive remodeling means that 20 percent or greater of the area of the swimming pool or spa is to be remodeled. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans, and construction materials of work area, and the model of equipment and facilities to be used. The City will approve the plans and specifications if they meet the requirements of the rules 20195191.5 9 contained in this Article and other applicable ordinances of the City. The approved plans and specifications must be followed in construction, remodeling, or conversion prior to opening for business; and each new establishment will be inspected by the Health Official to ensure compliance with this Article. Sec. 34-102. Inspections. As often as deemed necessary by the Health Official, the Health Official shall inspect every swimming pool or spa that is located within the City. The person operating the swimming pool or spa shall, upon request of the Health Official, permit access to and allow the inspection of the entire establishment relating to the swimming pool or spa." SECTION III Chapter 34 of the Code of Ordinances, City of Schertz, as amended by Sections I and II of this Ordinance, is restated in full on Exhibit A to this Ordinance. Specific provisions of this Chapter shall be designated by number or letter as set forth on Exhibit A. SECTION IV This Ordinance shall be effective from and after its final passage and any publication required by the City of Schertz. SECTION V All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. PASSED AND APPROVED on first reading this the 19th day of June, 2007. PASSED, APPROVED, AND ADOPTED on S~007' Mayor, City of S~hertz, Texas ATTEST: ~ C Secretarf) City of Schertz, Texas (SEAL OF CITY) 20195191.5 10 EXHIBIT A "CHAPTER 34 HEALTH ARTICLE I IN GENERAL Sec. 34-1. Appointment of Health Official. The Health Official shall be appointed by the City Manager. All activities of the Health Official shall be coordinated through the Director of Development Services. Sec. 34-2. Duties and Powers of the Health Official. (a) Generally. The Health Official is hereby authorized and directed to enforce the provisions of this Chapter and other related ordinances of the City. The Health Official shall have the authority to render interpretations of this Chapter and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Chapter and shall not have the effect of waiving requirements specifically provided for in this Chapter. (b) Health Official Qualifications. The Health Official shall either (1) be a Registered Professional Sanitarian in Texas or a Sanitarian-in- Training as defmed in Title 25, Section 265.142 of the Texas Administration Code or (2) meet the Food and Drug Administration Voluntary National Retail Food Regulatory Program Standards basic curriculum and field training elements, as accepted by the Texas Department of Health. (c) Assistant Inspector Appointment and Qualifications. The Director of Development Services, with the approval of the City Manager, may appoint such additional officers, inspectors, assistants, and other employees as shall be authorized from time to time. Such employees shall hold a Code Enforcement License issued by the Texas Department of Health and have such powers as are delegated by the Health Official. (d) Inspection Agencies. The Director of Development Services is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the City's established requirements as to qualifications and reliability. (e) Fees and Salary. The fees, salary, or both for the Health Official shall be set in the annual budget of the Inspection Department approved by the City Council. All fees shall be as set forth in Exhibit 1 of this Chapter, as modified from time to time. (f) Reports. The Health Official shall give attention to the health and sanitary conditions of the City and report to the City Manager and the City Council once each month, making recommendations as necessary conducive to the cleanliness of the City and the general health of the citizens. 20195191.5 A-I (g) Right of Entry. It shall be unlawful for any person to interfere, hinder, or delay the Health Official, deputies, inspectors, or officers in the discharge of any duties under this Chapter or to refuse to comply with the orders of the Health Official. The Health Official shall issue all necessary notices or orders to ensure compliance with this Chapter. (h) Orders of Correction. The Health Official shall have the authority whenever, in his or her opinion, a nuisance detrimental to health exists to cause the same to be abated or removed. (i) Appeals. The City Manager shall hear and decide on all appeals or orders, decisions, or determinations made by the Health Official relative to the application and interpretation of this Chapter. (j) Liability. The Health Official and other City employees charged with the enforcement of this Chapter shall not be held personally liable for any damage accruing to persons or property as a result of any act or omission while performing the duties required by this Chapter, so long as such Health Official or other City employee is acting in good faith and without malice. Sees. 34-3 - 34.21 Reserved. ARTICLE II FOOD ESTABLISHMENTS Sec. 34-22. Adoption of Texas Food and Beverage Establishment Rules. The City of Schertz hereby adopts Title 25 of the Texas Administrative Code, as amended, Chapter 229, Sections 161 through 171 and 173 through 175, as amended from time to time regarding the regulation of food and/or beverage establishments within the City of Schertz. Sec. 34-23. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings, ascribed to them in the section, except where the context clearly indicates a different meaning: (a) Authorized Agent or Employee means the Health Official and any deputies, assistant inspectors, or other officers representing the City of Schertz pursuant to this Article. (b) Food and/or Beverage Establishment means a food and/or beverage service establishment, a retail food and/or beverage store, a temporary food and/or beverage establishment, a mobile food and/or beverage unit and/or a roadside food and/or beverage vendor. (c) Food and/or Beverage Handler means any person, including cook, cook's helper, waiter, waitress, dishwasher, bartender, barmaid, busboy or any other person, whether compensated or not, engaged in the delivery, storing, preparation, dispensing or serving food or beverages for human consumption, or who engages in the handling, use, cleaning or preparation for use of any 20195191.5 A-2 pots, pans, grills, skillets, plates, trays, eating and drinking equipment/utensils, or similar wares on which such foods or beverages are prepared, dispensed or served. (d) Permit means a license to operate a food and/or beverage establishment within the City of Schertz for a specified period of time for a stated fee as established in Exhibit 1 of this Chapter. ( e) Regulatory Authority means the City of Schertz. (f) State Rules means rules described in Section 34-22. These rules are also known as the Texas Food Establishment Rules." (g) Temporary Food Establishment means a food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration. Sec. 34-24. Inspection of Food and Beverage Establishment. (a) In addition to the rules adopted in Section 34-22, the City of Schertz adopts by reference the provisions of current rule or rules as amended by the Texas Board of Health found in Title 25 of the Texas Administrative Code, Chapter. 217, Milk and Dairy, subchapter C, rules for Manufacture of Frozen Desserts; rule 217.65, Examination and Standards for Frozen Desserts. (b) As often as deemed necessary for the proper enforcement of the provisions of this Article and the State rules, the Health Official shall inspect every food and/or and beverage establishment that is located within the City at least twice annually. The person operating the food and/or beverage establishment shall, upon request of the Health Official, permit access and allow the inspection of all parts of the establishment. (c) In case of any items of violation identified by or brought to the attention of the Health Official, the person in charge of such establishment shall be advised of the violation. A second inspection will be made after a lapse of sufficient time, as the Health Official deems sufficient for correction of the violation. Any violation of the same provision on such second inspection shall call for an immediate suspension of the food and/or establishment permits. (d) In the interest of public clarification, the results from compiling the inspection report will be converted to a letter grade with the letter "A" being the highest level of food service operation. The criteria for the various certificates are: Grade "A" - Attain a sanitation score of 85 or above; Grade "B" - Attain a sanitation score of70 and 84; Grade "c" - Below 70 on the sanitation inspection. (e) An inspection certificate shall be issued and a copy shall be posted by the Health Official at some conspicuous location on the premises where it will be clearly visible to all patrons. The certificate shall not be defaced and may not be removed by any person except the Health 20195191.5 A-3 Official. Violation of this Section shall be a Class C Misdemeanor punishable by a fme not to exceed $200.00 per day that the certificate is removed, moved or defaced and/or suspension of the food establishment permit for 30 days. The Health Official shall permit the owner to correct any non-critical infractions within no more than 24 hours. If the Health Official determines that the infraction is of an immediate threat to the public health, there shall be not grace period for correction. Sec. 34-25. Food Handler Sanitation Training Course. It shall be unlawful for any employer to employ any person as a food handler without such employee having completed a city food handler sanitation-training course within two weeks of employment or the next such course scheduled thereafter. Satisfactory completion of a City food handler's sanitation training course constitutes authority to permit a person to accept employment or work in, around, or about all food and beverage establishments for a period of one year. Exception: All volunteers within a nonprofit organization shall not be required to attend such course, but all food preparation and serving activities must be directly supervised by someone who has satisfactorily completed a City of Schertz food handler's sanitation training course. Sec. 34-26. Examination and Condemnation of Unwholesome or Questionable Food or Drink. (a) Samples of food, drink and other substances shall be taken and examined by the Health Official as often as he/she deems necessary for the detection of unwholesome and deleterious qualities. The Health Official may condemn and forbid the sale of or cause to be removed or destroyed, any food or drink that is unwholesome or deleterious. (b) Any food which appears to the Health Official to be of a questionable nature from the standpoint of wholesomeness or possible deleterious quality may be held for further examination by attaching a "City of Schertz Retained" tag to the item(s) foodstuffs so retained and may not be removed or disturbed without the permission of the Health Official. The City Health Official shall promptly proceed by examination, laboratory or otherwise to determine the wholesomeness of such food. As soon as such wholesomeness has been determined, such food must be immediately released. If however, such food is found to be unwholesome or deleterious, the Health Official must promptly condemn such food as herein stated and shall file petition in a court of competent jurisdiction for injunction to restrain the owner from selling such condemned food and to obtain order for destruction of such unwholesomeness or deleterious food or drink. Sec. 34.27. Procedures When Infection Suspected. When suspicion arises as to the possibility of transmission of infection from any food and/or beverage establishment employee, the Health Official is authorized to require any or all of the following measures: (a) The immediate exclusion of the employee from all food and beverage establishments. 20195191.5 A-4 (b) The immediate closing of the food and beverage establishment concerned until no further danger of disease outbreak exists in the opinion of the health official. (c) Adequate medical examination of the employee and of his associates with such laboratory examinations as may be indicated. Sec. 34.28. Permits. (a) It shall be unlawful for any person to operate a food and/or beverage establishment, or temporary food and/or beverage establishment without a valid food and/or beverage establishment permit issued by the City. All permits expire on September 30 of each year and are due and payable on October 1 of each year. Permits are not transferable from one establishment to another or from one person to another. Permits must be posted in a conspicuous place. (b) All permits may be suspended or revoked by the Health Official upon the violation by the holder of any of the terms of this Article, following which, unless corrections are immediately made, action may be instituted in the name of the City in any court of competent jurisdiction to obtain a restraining order or permanent injunction preventing such person from operating unless immediate compliance with the provisions of this Article is obtained. Revocation of a permit for any cause whatsoever is still affected by the issuance of the statement that the permit may be made at any time and will be approved provided that full compliance of the provisions of this Article is accomplished. (c) Whenever a food and/or beverage establishment is constructed or extensively remodeled or whenever an existing structure is converted to use as a food and/or beverage establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the City for review before work is begun. Extensive remodeling means that 20% or greater of the area of the food and/or beverage establishment is to be remodeled. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction materials of work area, and the type of model of proposed fixed equipment and facilities. The City will approve the plans and specifications if they meet the requirements of the rules contained in this Article. The approved plans and specifications must be followed in construction, remodeling or conversion prior to opening for business; each new establishment will be inspected by the Health Official to ensure compliance with this Article. Sec. 34-29. Penalty. Any person, firm, corporation or agent who shall violate a provision of this Article, or fail to comply therewith, or with any other requirements thereof, shall be guilty of a Class C misdemeanor. Such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Article is committed or continued, and upon conviction of any such violation, such person shall be punished by a fme not to exceed two thousand dollars ($2,000.00). Sees. 34-30 - 34-46 Reserved. 20195191.5 A-5 ARTICLE III MUNICIPAL SOLID WASTE COLLECTION AND DISPOSAL Sec. 34.47. Purpose. This Article is to provide guidance relating to the award of a franchise for the collection and disposal of municipal solid waste. It is found to be in the public interest that the City makes adequate provision for these services as a health and safety measure. The ordinance awarding a franchise for these services shall include all provisions required in this Article, and any additional provisions deemed necessary to protect the interest of the citizens of the City. The effect of this Article is to treat the collection and disposal of municipal solid waste as a public utility. Sec. 34-48. Definitions. The following words, terms and phrases, when used in this Article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) Household Hazardous Waste means toxic automotive products; fungicides, herbicides, insecticides, and weed fillers; toxic household products; paints, thinners, and other wood treatment products. (b) Municipal Solid Waste or MSW means garbage, trash, refuse, brush, yard waste, and other waste generated in residences and commercial establishments. (c) Permanent means any period of time 30 days or more. (d) Recycling means the curbside collection of that fraction of MSW that is reusable and has resale value. ( e) Temporary means any period of time less than 30 days. (f) White Waste means refrigerators, washing machines, tires, large pieces of furniture or other bulky items. Sec. 34-49. Grants of Authority. The City has the authority for the award of franchises under this Article, and the award of such a franchise may be exclusive or nonexclusive. The award of a franchise will include provisions allowing for the occupation or use of streets, alleys, easements, and public ways within the City and its extraterritorial jurisdiction, to the extent necessary to accomplish the objective of the franchise, for an agreed upon consideration. 20195191.5 A-6 Sec. 34-50. Indemnification, Insurance and Bonds. (a) The franchisee shall indemnify and save harmless the City and all agents, officers, employees and representatives thereof from and against any and all loss sustained by the City on account of any suit, judgment claim or demand whatsoever, resulting from the negligence or alleged negligence on the part of the franchisee, its agents, or employees in the performance of services under its franchise. (b) The franchisee shall agree to carry liability insurance and workers compensation insurance and any other insurance required by State law. The limits will be prescribed in the ordinance awarding the franchise. Said policy (or policies) must be approved by the City Attorney and be in force before service commences, with original or certified copies on file with the City Secretary. Said policy (or policies) shall include at least the following provisions: (1) an endorsement requiring 30 days notice, in writing, to the City Manager before amendment or cancellation by the insurance company; and (2) a provision naming the City as an additional insured. (c) The franchisee shall furnish an annually renewable bond to the City guaranteeing the faithful performance of obligations of the franchisee under terms of the franchise, which bond shall be in force before service commences, and be subject to the following: (1) Such bond shall be executed by the franchisee and one or more sureties approved by the City Attorney. (2) Either the bond or certified copies must be on file with the City Secretary for the City. (3) The bond must provide by endorsement that it cannot be cancelled or amended by the bonding company prior to 30 days written notice to the City Manager. (4) The bond shall provide that the franchisee shall well and truly observe, fulfill and perform each term and condition of the franchise and that in case of any breach of condition of the bond, the amount thereof shall be recoverable from the principal and surety thereof by the City for all liquidated damages for the failure of the franchisee well and faithfully to observe and perform any provision of the franchise, and for any amount billed to the franchisee by the City for the cost of the City's performing or causing to be performed the franchisee's obligation, as provided herein. Sec. 34-51. Quality and Performance Standards. Any franchise awarded under this Article will contain prOVISIons relating to quality, performance, and services to be provided. These provisions will include, but not be limited to, the following: (a) quality of service; 20195191.5 A-7 (b) equipment and maintenance thereof; (c) standby equipment; (d) routes and pickup points; (e) times and frequencies of pickup with provisions for holidays; (f) types of containers; (g) limb and tree pickup; (h) dead animal pickup; (i) areas of service and interruption in service; (j) office hours, staffmg, and service logs; (k) complaint resolution; (1) household hazardous waste; (m) recycling; (n) billing procedures. Sec. 34-52. Temporary and Permanent Roll-off Containers. Rocks, waste, scrape, building materials, or other trash resulting from construction or major remodeling; resulting from a general cleanup of vacant or improved property just prior to its occupancy; or resulting from sizable amounts of trees, brush and debris cleared from property in preparation for or as a result of construction, shall be removed by the franchisee as part of the regular service and rates for such service shall be determined in the particular franchise. Billing for these services will be provided solely by the City of Schertz. Sec. 34-53. Changes in Times and Routes of Collection. The City Council reserves the right to change or alter the times and routes of collection. The franchisee shall be given at least 5 days notice if any action is required by the City. No changes in collection schedule shall be made by the franchisee without approval by the City. Sec. 34-54. Disposal of MSW. The franchisee shall have sole responsibility for the proper disposal of all MSW and household hazardous waste collected under the franchise; and all of said materials shall be disposed of in 20195191.5 A-8 compliance with the laws of the State and/or the rules, regulations and standards established from time to time by the Texas Department of Health Resources, Texas Water Quality Board, Environmental Protection Agency, the Texas Air Control Board, and the Texas National Resources Conservation Commission. Sec. 34-55. Special Considerations, (a) The franchisee will provide pickup twice weekly for the City at City properties at no cost to the City. Containers will be of the size and type appropriate to volume and characteristics of material. (b) The franchisee will provide special pickups during the July 4t\ Schertz Jubilee, and Annual Firemen's Supper at no charge. Placement of containers will be at the direction of the City Public Works Department. The franchisee will provide a 20 cubic yard roll-off container at no charge to the City. (c) Twice each year the franchisee will pickup white waste: (1) The franchisee will provide special pickup services daily at designated locations during the Schertz Annual Spring Cleanup. The franchisee will provide five 40 cubic yard roll-off containers to the City placed at sites determined by the Director of Public Works. This pickup will include large household appliances, furniture (or bulky items) tires, or other material not normally collected during twice-weekly pickup. The dates will be established by the City. This service will be no cost to the City, or the public. Selected dates shall be published in local media at the expense of the franchisee. (2) The franchisee will provide special pickup services daily at designated locations during the Schertz Annual Fall Cleanup. The franchisee will provide five 40 cubic yard roll-off containers to the City. Scheduling will be at the direction of the franchisee, with a minimum of 150 days after the Schertz Annual Spring Cleanup. This pickup will include large household appliances, furniture (or bulky items), tires, or other material not normally collected during twice weekly pickup. This service will be at no cost to the City, or the public. Selected dates shall be published in local media at the expense of the franchisee. (d) The franchisee will provide services for the collection of household hazardous waste. The franchisee may charge a fee for this service to be billed by the City. (e) The franchisee will provide services for special residential pickups, such as new move-ins, tree trimming, and similar circumstances. The franchisee may charge a fee for this service to be billed by the City. (f) The franchisee will provide for a recycling service. (g) Provisions for special considerations may vary based on the specific purpose of a franchise. 20195191.5 A-9 Sec. 34-56. Duration of Franchise and Renewal Options. The award of a franchise will contain provisions for the duration of the franchise and renewal options. Sec. 34-57. Separability, Compliance with Applicable Laws and Noncontestability by Franchise. (a) If any section, subsection, sentence, clause, phrase or portion of this Article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holdings shall not effect the validity of the remaining portions thereof. (b) At all times during the term of an awarded franchise, the franchisee shall be subject to all lawful exercise of the police power by the City and to such reasonable regulations as the City shall from time to time provide, pursuant to the exercise of such police power. (c) The franchisee by acceptance of such franchise expressly acknowledges and accepts the right of the City to issue such franchise and further agrees to fully comply with all appropriate regulations promulgated by any appropriate government agency of competent jurisdiction. Sec. 34-58. Nontransferability of Franchise Rights. The franchisee shall not sell, transfer, or assign its franchise rights, or substantially all of its assets, to any other person or corporation without the prior written approval of the City Council, such approval not to be unreasonably withheld. Sec. 34-59. Investigation and Public Hearing. The City Council shall have full power to examine or cause to be examined at any time, and at all times, the books, papers and records of a franchisee with relation to the operation of the MSW, recycling, and hazardous waste collection systems with the City. In this connection, the City shall have the right, through its City Council, to take testimony and compel the attendance of witnesses or the production of books, papers and records and to examine witnesses under oath and under such rules and regulations as it may adopt. If any officer, agent, or employee of franchisee refuses to give testimony before said City Council, City Council shall have power to vote to declare the franchise a privilege and default and terminate it. Sec. 34-60. Notices. Where written notices are to be provided under this Article, such notices shall be sufficient to notify franchisee if mailed by certified mail to the address specified in the franchise and shall be sufficient to notify the City if mailed by certified mail to City Secretary, City of Schertz, 1400 Schertz Parkway, Schertz, Texas 78154. 20195191.5 A-lO Sec. 34.61. Billing, Collection and Payment. The ordinance awarding a franchise will contain specific provisions for billing, collection, and payments to the franchisee. The City will bill for all services provided by the franchisee. 34.62. Complaints. Complaints from or by the public or a particular customer must be in writing and mailed (or presented) to the city manager or designated representative for action. Provisions for resolution of such complaints shall be contained in the franchise. Sec. 34-63. Service Rates. Rates for services provided under an awarded franchise will be provided by separate exhibit to the awarding ordinance and published in the City Code. Regulations of such rates is provided for in section 11.06 of the City Charter. Sec. 34-64. Penalties. (a) Any person, association, organization, company, or corporation who shall perform franchise services described in this Article or described in a franchise awarded pursuant to this Article, without authority of a duly awarded franchise and payment of consideration, shall be cited by a appropriate City agency, and shall be subject to a penalty not to exceed $200 for each and every day such a service is unlawfully preformed. (b) Any person, employee, association, organization, company or corporation, upon being named a franchisee and awarded a franchise under this Article, who fails to provide the services described in the awarded franchise, shall be cited by the appropriate City agency, and is subject to a fine of $200 for each and every day such service is not preformed. (c) Any person, association, organization, company or corporation, upon being named a franchisee and awarded a franchise under this Article, who fails to comply with the service standards described in the awarded franchise, shall be cited by the appropriate City Agency, and is subject to a fine of $100 for each and every failure to comply with service standards described in the awarded franchise. Sec. 34-64. Publication Costs. The franchisee shall assume the cost of publication of the ordinance awarding the franchise as such publication is required by law and such is payable upon the franchisee's filing of acceptance of the franchise. Sec. 34-66 - 34-88. Reserved. 20195191.5 A-ll ARTICLE IV SMOKING IN PUBLIC PLACES Sec. 34-89. Definitions. For the purpose of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning: (a) Dining Area means any area in which meals or entrees are served but shall not include areas where the incidental service of hors d' oeuvres, snacks, pretzels, popcorn, or similar items are provided, or where food sales in the area are less than 5% of gross receipts. (b) Employee means any person who is employed by an employer in consideration for monetary compensation or profit. (c) Employer means any person, partnership, corporation, association, or other entity that employs one or more persons. (d) HVAC System means a single heating, ventilating, and air conditioning system. (e) Place of Employment means any enclosed indoor area under the control of an employer to which employees have access during the course of employment, and includes but is not limited to stores, offices, professional, fmancial, and other commercial establishments; restaurants; enclosed shopping malls; public and private institutions of higher education; the common areas of health care facilities, and nursing and convalescent home. (f) Smoke or Smoking means the carrying or holding of a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment or device, or the lighting of, emitting, or exhaling the smoke of a pipe, cigar, or cigarette of any kind. Sec. 34-90. Article not to Excuse Noncompliance with Other Measures. Nothing in this Article excuses noncompliance with any state or federal law, provisions of this Code, or any other applicable ordinance of the City, or any rule or regulation adopted pursuant thereto, which prohibits smoking. Sec. 34-91. Smoking in Public Places Generally Prohibited, and Other Offenses. A person commits an offense ifhe/she: (a) knowingly smokes in a public place and is not in an area designated as an employee smoking area or as a smoking area under this Article; or (b) is the owner, lessee, or other person in charge of a public place or restaurant and knowingly or intentionally permits, or fails to make a reasonable effort to prevent commission, by another, of the offense described within subsection (a) of this section; or 20195191.5 A-12 (c) fails to have prominently displayed a no-smoking sign, a designated smoking area sign as required by this article; or (d) is an employer who operates a place of employment in the City and fails to adopt and implement a smoking policy which is consistent with the requirements of this Article within three months of adoption of this Article or upon opening for business, or fails to maintain thereafter a written smoking policy which is consistent with the requirements of this Article; or (e) is an employer who operates a place of employment in the City and fails to communicate a smoking policy which is consistent with the requirements of this Article to all employees within three weeks of adoption of the policy or fails to post the smoking policy conspicuously in all workplaces under the employer's jurisdiction. Sec. 34-92. Signs Required in Public Places. The owner, lessee, or other person in charge of a public place shall place a sign or signs, visible at each entrance to the premises, notifying persons entering the premises that smoking is prohibited, or that smoking, other than within designated smoking areas, is prohibited, The owner, lessee, or other person in charge of a public place shall post a sign, or signs, in each area designated as smoking. Sec. 34-93. Certain Places Exempt. (a) Smoking may be permitted in the following areas and if smoking IS so permitted the provisions of Section 34-91 shall not apply: (1) tobacco specialty retail shops; or (2) private residences; or (3) hotel and motel rooms rented to guests; or (4) enclosed meeting or assembly rooms in restaurants, hotels, motels, and other public places if the entire room is used for a private function; or (5) businesses licensed to sell alcoholic beverages on premises or nonprofit commercial facilities, provided in either case that food sales do not constitute more than 25 percent of such business's or organization's gross receipts; or (6) any facility other than a restaurant otherwise described as a public place which has installed a separate HV AC system and air filtering equipment for a designated smoking area encompassing not more than 25% of the total seating area; or (7) a special separate dining area of any restaurant with an area serving as a dining area in compliance with this Article, if the separate dining area is enclosed on all sides and has a 20195191.5 A-13 separate HV AC system or if it is enclosed on three sides, has a separate HV AC system, and is removed by 15 feet from any area in which smoking is not allowed and has air filtrating equipment installed by April 1, 2002; the smoking section shall be situated so the ventilation minimizes the effect of smoke in nonsmoking areas and so that air from the smoking area is not drawn across a nonsmoking area; or (8) Outdoor seating areas of restaurants if an area encompassing at least 25% of the seating is reserved for nonsmoking. (b) (1) Notwithstanding any other provisions of this section, any owner, operator, manager, or other person who controls any public place described in this section may declare that entire public place or any portion of the public place as a nonsmoking area. The owner, operator, manager, or other person who controls the public place shall place a sign or signs, visible at each entrance to the premises, notifying persons entering the premises that smoking is prohibited, or that smoking, other than within designated smoking areas, is prohibited. (2) A person commits an offense if he knowingly smokes in any public place or portion thereof declared a nonsmoking area in accordance with subsection (b) (1) of this section. Sec. 34-94. Places of Employment. Each employer who operates a place of employment in the City shall, within three months of adoption of this Article or upon opening for business, adopt, implement, and maintain a written smoking policy which is consistent with the requirements of this Article. If smoking will be permitted, the policy shall contain, at a minimum, the following provisions and requirements: (a) The owner, lessee, or other person in charge of a public place may, but is not required to, designate on or more areas as smoking areas for the use of the employees as part of the smoking policy provided for in this section. A designated employee smoking area may include private enclosed offices. Designated employee smoking areas may be located in areas to which employees, but not the general public, except by invitation only, have access during the course of employment. A common employee work area shall not be designated as an employee smoking area unless every person who works in that area agrees in writing to the designation. In no event shall an employee restroom or an area containing food or drink dispensing facilities be designated as an employee smoking area. (b) If such employee smoking area is designated, each such smoking area shall: (1) be in an area set aside for the use of employees, but not accessible to members of the general public except by specific invitation of the employer or employee; (2) be ventilated to prevent the mixing of air from the designated employee smoking area to other areas or the public area; (3) be a physically enclosed area separated from nonsmoking areas; 20195191.5 A-14 (4) be designated by appropriate signs which are clearly visible to employees and members of the public entering the area; and (5) contain ashtrays, containers, or other facilities for the extinguishment of smoking materials. (c) The smoking policy shall be communicated within three weeks of adoption to all employees and shall be posted conspicuously in all workplaces under the employer's jurisdiction. (d) The owner, lessee, or other person in charge of a public place that designates one or more areas as designated smoking areas for the public shall not require employees to work in a designated smoking area if the employee request to work in a nonsmoking area. Sec. 34-95. Disposition of Filters. All filter used in HV AC systems and other air filtration devices under this Article shall be disposed of in compliance with requirements established by the Texas Commission on Environmental Quality. Sec. 34-96. Penalties. Any person who violates any provision of this Article shall be subject to a fine not exceeding $200 for each offense. Sec. 34-97. Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Article are hereby repealed to the extent of such conflict, and the provisions of this Article shall be and remain controlling as to the matters ordained herein. Secs. 34-98 and 34.99 Reserved. ARTICLE V SWIMMING POOLS AND SPAS Sec. 34-100. In General. The City of Schertz hereby adopts the provisions of Title 25 of the Texas Administrative Code, as amended, Chapter 265, Subchapter L, Sections 181 through 208, regarding the regulation of swimming pools and spas. This Article shall not apply to swimming pools and spas that located on a lot zoned single-family residential. All other swimming pools and spas in the City of Schertz shall be subject to the provisions of this Article. 20195191.5 A-15 Sec. 34-101. Permits. (a) It shall be unlawful for any person to operate a swimming pool or spa without a valid permit issued by the City. Permits are valid for one year. All permits expire on September 30 of each year and permit fees are due and payable on October 1 of each year. All permits must be renewed within 30 days after October 1 or they will be suspended. Permits are not transferable from one establishment to another or from one person to another. Permits must be posted in a conspicuous place at the location of the swimming pool or spa. (b) All permits may be suspended or revoked by the Health Official upon the violation by the holder of any of the terms of this Article, following which, unless corrections are immediately made, action may be instituted in the name of the City in any court of competent jurisdiction to obtain a restraining order or permanent injunction preventing such person from operating the swimming pool or spa unless immediate compliance with the provisions of this Article is obtained. Revocation of a permit for any cause whatsoever is still affected by the issuance of the statement that the permit may be made at any time and will be approved provided that full compliance of the provisions of this Article is accomplished. (c) Whenever a swimming pool or spa is constructed or extensively remodeled, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the City for review before work begins. Extensive remodeling means that 20 percent or greater of the area of the swimming pool or spa is to be remodeled. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans, and construction materials of work area, and the model of equipment and facilities to be used. The City will approve the plans and specifications if they meet the requirements of the rules contained in this Article and other applicable ordinances of the City. The approved plans and specifications must be followed in construction, remodeling, or conversion prior to opening for business; and each new establishment will be inspected by the Health Official to ensure compliance with this Article. Sec. 34-102. Inspections. As often as deemed necessary by the Health Official, the Health Official shall inspect every swimming pool or spa that is located within the City. The person operating the swimming pool or spa shall, upon request of the Health Official, permit access to and allow the inspection of the entire establishment relating to the swimming pool or spa. [The remainder of this page intentionally left blank.) 20195191.5 A-16 EXl1UdT 1 FEES (1) Food and/or Beverage Establishment Permits Fees:* 1 - 3, $100.00 4 - 6, $200.00 7 - 10, $300.00 11 - 20, $400.00 21 plus, $500.00 Exception: Nonprofit organizations will pay a permit fee of $100.00 regardless of the number of employees or volunteers. (2) Temporary Food and/or Beverage Establishment Permit Fees, $50.00 (3) Frozen Dessert and Frozen Beverage Machines, $125.00 (4) Individual Charge for Food Handler's Class, $14.00 (5) Mobile Venders, $150.00 (6) Swimming Pool Permits, $75.00 * Based on number of employees" 20195191.5 Exhibit 1 STATE OF TEXAS Affidavit of Publisher Jy.,~~>> ) 01 D 0,1 [51 8 '}--" /1~1 :f- ~ if ",?Y /11"rt o COUNTY OF BEXAR City of Schertz PUBLIC Nonce ORDINANCE NO. 07-H-32 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMEN- DING THE CODE OF ORDI- NANCES OF THE CITY BY AMENDING CHAPTER 34, HEALTH, FORMERLY CHAp. TER 7 Y.2 HEALTH. Approved on first reading this the 19th day of June 2007. PASSED, APPROVED, AND ADOPTED on this the 3rd day of July 2007. /sJHAL -BALDWIN Mayor Attest: Judy Tokar City Secretary 7/10 Before me, the undersigned authority, on this day personally appeared Helen 1. Lutz, who being by me duly sworn, says on oath that she is Publisher of the Commercial Recorder, a newspaper of general circulation in the City of San Antonio, in the State and County aforesaid, and that the Ordinance No. 07-H-32 here to attached has been published in every issue of said newspaper on the following days, to wit: 07/10/2007. ~) fl ~-;f Sworn to and subscribed before me this 10th day of of July, 2007. 7Jt$zdd/ ~ /??4C!4a~ ....~-;.';;:... M~RTH~ L. MACHUCA lO~jr(.r""'~i\ "'OT~ftY PUeLlC .e: . . " \*\ )*1 STATE OF TEXAS ..~~.;;;~. My Cor/lIIl. Exp. 12-02-2007 ........