12-08-2020 Agenda with Backup
MEETING AGENDA
City Council
REGULAR SESSION CITY COUNCIL
December 8, 2020
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
CITY OF SCHERTZ CORE VALUES
Do the right thing
Do the best you can
Treat others the way you want to be treated
Work cooperatively as a team
AGENDA
TUESDAY, DECEMBER 8, 2020, at 6:00 p.m.
COUNCIL MEMBER/STAFF INDIVIDUAL PHOTOS 3:00 PM TO 5:15 PM
GROUP COUNCIL PHOTOS 5:30 PM
Overflow seating available at the Civic Center, Conference Hall, Building #5
City Council will hold its regularly scheduled meeting at 6:00 p.m.,
Tuesday, December 8, 2020, at the City Council Chambers. In lieu of attending
the meeting in person, residents will have the opportunity to watch the meeting
via live stream on the City’s YouTube Channel.
Call to Order
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Councilmember Heyward)
Presentations
Employee Recognition Service Pins
30 year Service Pin awarded to Eber Busch - (M. Browne)
30 Year Service Pin awardedto Matt Troncoso - (M. Browne)
20 year Service Pin awarded to Bryan Timmons - (M. Browne)
20 year Service Pin awarded (virtually) Martha Amescua - (M. Browne)
December 8, 2020 City Council Agenda Page 1
Employee Recognition
Animal Services - Rosa Lopez Animal Services Technician. (M. Browne/C. Kelm/G. Dispain)
Engineering - Eric Schulze, Jennifer Shortness Engineers. (M. Browne/B. James/K. Woodlee)
Inspections - Beth Morris, Ilyssa Velasquez Permit Technicians. (M. Browne/B. James/L. Wood)
Parks - Larry May, Park Maintenance Technician. (M. Browne/B. James/J. Montney)
Police Department - Danny Vincent, Ayleen Almanza Police Officers. (M. Browne/C. Kelm/M.
Hansen)
Public Works Fleet - Jeffery Dempsey Fleet Mechanic. (M. Browne/C. Kelm/S. Williams/C.
Hernandez)
Public Works Wastewater - Stephen Mayfield Wastewater Manager. (M. Browne/C. Kelm/S.
Williams/D. Letbetter)
Utility Billing - Anna Miranda Utility Billing Clerk. (M. Browne/B. James/J. Walters/R. Rosales)
City Events and Announcements
Announcements of upcoming City Events (B. James/C. Kelm/S. Gonzalez)
Announcements and recognitions by the City Manager (M. Browne)
Announcements and recognitions by the Mayor (R. Gutierrez)
Hearing of Residents
Residents who choose to watch the meeting via live stream, but who would like to participate in Residents to be
Heard, should email their comments to City Secretary, Brenda Dennis, at bdennis@schertz.com by 5:00 p.m. on
Monday, December 7, 2020, SO THAT THE CITY SECRETARY MAY READ THE PUBLIC
COMMENTS INTO THE RECORD UNDER THE HEARING OF RESIDENTS. In the body of
the email please include your name, your address, phone number, agenda item # if applicable or subject of
discussion, and your comments.
This time is set aside for any person who wishes to address the City Council. Each person should fill
out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3
minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member thereof.
Any person making personal, impertinent, or slanderous remarks while addressing the Council may
be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of specific
factual information given in response to any inquiry, a recitation of existing policy in response to an
inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the
Hearing of Residents portion of the agenda, will call on those persons who
have signed up to speak in the order they have registered.
Consent Agenda Items
The Consent Agenda is considered self-explanatory and will be enacted by the Council with one
motion. There will be no separate discussion of these items unless they are removed from the Consent
Agenda upon the request of the Mayor or a Councilmember.
1.Minutes – Consideration and/or action regarding the approval of the minutes of the Regular
meeting of December 1, 2020. (B. Dennis)
Ordinance No. 20-S-41 - Consideration and/or action upon a request to rezone approximately
December 8, 2020 City Council Agenda Page 2
2.Ordinance No. 20-S-41 - Consideration and/or action upon a request to rezone approximately
0.35 acres of land from Neighborhood Services District (NS) to Main Street Mixed Use
District (MSMU), located at 603 Main Street, City of Schertz, Guadalupe County, Texas.
Final Reading (B. James/L. Wood/N. Koplyay).
3.Ordinance No. 20-S-42 - Consideration and/or action upon request to rezone approximately
0.35 acres of land from General Business District (GB) to Main Street Mixed Use District
(MSMU), located at 539 Main Street, City of Schertz, Guadalupe County, Texas. Final
Reading (B. James/L. Wood/N. Koplyay).
4.Ordinance No. 20-S-40 - Consideration and/or action upon a request for a Specific Use
Permit to allow the ‘Commercial Amusement, Outdoor’ land use on approximately 17.5 acres
of land, located at 18658 Interstate Highway 35 N, City of Schertz, Guadalupe County, Texas,
also known as Wiederstein Ranch Lot 1, Block 1. Final Reading (B. James/L. Wood/N.
Koplyay )
5.Resolution No. 20-R-142 - Consideration and/or action approving a Resolution by the City
Council of the City of Schertz, Texas approving a request for a Schertz Main Street Local
Flavor Economic Development Grant for 530 and 534 Main Street. (M. Browne/B. James)
6.Resolution No. R-20-143 - Consideration and/action approving a Resolution by the City
Council of the City of Schertz, Texas authorizing the acquisition of Lot 1, Block 50 of the
Live Oak Hills Addition. (M. Browne/B. James)
7.Resolution 20-R-138 - Consideration and/or action approving a Resolution by the City
Council of the City of Schertz, Texas authorizing an extension of the agreement for
Management Services between the City of Schertz and the Schertz/Seguin Local Government
Corporation (SSLGC) and other matters in connection therewith.
8.Resolution 20-R-48 - Consideration and/or action approving a Resolution by the City Council
of the City of Schertz Texas approving a Standard Utility Agreement with the Texas
Department of Transportation relating to the relocation of a segment of sewer main near the
intersection of IH-35 and FM 1103. (C. Kelm/S. Williams/S. McClelland)
9.Ordinance No. 20-T-38 - Consideration and/or action approving an Ordinance by the City
Council of the City of Schertz, Texas, authorizing an adjustment to the fiscal year 2020-2021
budget, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and
providing an effective date. Final Reading (M. Browne/B. James/J. Walters)
Discussion and action items
10.Ordinance No. 20-T-39 - Consideration and/or action upon an Ordinance to extend the term
of the Tax Increment Financing Reinvestment zone No. 2 (Sedona/Crossvine) and expand the
boundaries. Final Reading (B. James)
Workshop
December 8, 2020 City Council Agenda Page 3
11.City Council Rules of Conduct and Procedure - Discussion regarding possible changes to
the current City Council Rules of Conduct and Procedure. (Mayor/Council)
12.City Council Code of Ethics - Discussion regarding possible changes to the current City
Council Code of Ethics. (Mayor/Council)
13.Chapter 18 Building and Building Regulations - Workshop and discussion related to the
update of Schertz Code of Ordinances, Chapter 18 Building and Building Regulations and
local amendments.
14.Workshop Discussion on Roadway Improvements - regarding Corridor Oaks sewer line
extension in preparation of roadway improvements on FM 1103. (C. Kelm)
Roll Call Vote Confirmation
Information available in City Council Packets - NO DISCUSSION TO OCCUR
15.Library Projects - Update on Library Projects. (M. Browne/B. James/M. Uhlhorn)
16.Monthly update - on major projects in progress/CIP. (B. James/K. Woodlee)
17.2021 Master Calendar - Information on 2021 Master Calendar and Boards/Commissions (M.
Browne/S. Gonzalez)
Requests and Announcements
Announcements by the City Manager.
Requests by Mayor and Councilmembers for updates or information from staff.
Requests by Mayor and Councilmembers that items or presentations be placed on a future City
Council agenda.
Announcements by Mayor and Councilmembers
City and community events attended and to be attended
City Council Committee and Liaison Assignments (see assignments below)
Continuing education events attended and to be attended
Recognition of actions by City employees
Recognition of actions by community volunteers
Adjournment
CERTIFICATION
December 8, 2020 City Council Agenda Page 4
CERTIFICATION
I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY
CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL
BULLETIN BOARDS ON THIS THE 4th DAY OF DECEMBER 2020 AT 4:45 P.M., WHICH IS A
PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE
WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE.
BRENDA DENNIS
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 _______________, 2020. TITLE: ______________
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking
spaces are available. If you require special assistance or have a request for sign interpretative services
or other services, please call 210-619-1030.
The City Council for the City of Schertz reserves the right to adjourn into closed session at any
time during the course of this meeting to discuss any of the matters listed above, as authorized by
the Texas Open Meetings Act.
Closed Sessions Authorized: This agenda has been reviewed and approved by the City’s legal
counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a
written interpretation of Texas Government Code Chapter 551 by legal counsel for the
governmental body and constitutes an opinion by the attorney that the items discussed therein may
be legally discussed in the closed portion of the meeting considering available opinions of a court of
record and opinions of the Texas Attorney General known to the attorney. This provision has been
added to this agenda with the intent to meet all elements necessary to satisfy Texas Government
Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this
opinion.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Gutierrez
Audit Committee
Investment Advisory Committee
Main Street Committee
Councilmember Scagliola – Place 5
Cibolo Valley Local Government Corporation -
Alternate
Hal Baldwin Scholarship Committee
Interview Committee for Boards and Commissions -
Alternate
Schertz-Seguin Local Government Corporation
Councilmember Davis– Place 1
Interview Committee for Boards and
Commissions
Main Street Committee - Chair
Schertz Housing Authority Board
TIRZ II Board
Councilmember Scott – Place 2
Interview Committee for Boards and Commissions
Schertz Animal Services Advisory Commission
December 8, 2020 City Council Agenda Page 5
Councilmember Whittaker – Place 3
Audit Committee
Councilmember Dahle – Place 4
Cibolo Valley Local Government Corporation
Interview Committee for Boards and Commissions
TIRZ II Board
Councilmember Heyward – Place 6
Audit Committee
Investment Advisory Committee
Main Street Committee
Councilmember Brown – Place 7
Main Street Committee
Schertz-Seguin Local Government Corporation -
Alternate
December 8, 2020 City Council Agenda Page 6
Agenda No. 1.
CITY COUNCIL MEMORANDUM
City Council
Meeting:December 8, 2020
Department:City Secretary
Subject:Minutes – Consideration and/or action regarding the approval of the minutes of
the Regular meeting of December 1, 2020. (B. Dennis)
BACKGROUND
The City Council held a Regular City Council meeting on December 1, 2020.
RECOMMENDATION
Recommend Approval.
Attachments
12-1-2020 Draft min
D R A F T
MINUTES
REGULAR MEETING
December 1, 2020
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas,
on December 1, 2020, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council
Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members
present to-wit:
Present:Mayor Ralph Gutierrez; Mayor Pro-Tem Rosemary Scott; Councilmember
Mark Davis; Councilmember Jill Whittaker; Councilmember Michael Dahle;
Councilmember David Scagliola; Councilmember Allison Heyward;
Councilmember Tim Brown
City
Staff:
City Manager Dr. Mark Browne; Assistant City Manager Brian James;
Assistant City Manager Charles Kelm; City Attorney Daniel Santee; City
Secretary Brenda Dennis; Assistant to the City Manager Sarah Gonzalez;
Deputy City Secretary Gayle Wilkinson
Call to Order - Regular meeting
Mayor Gutierrez called the regular meeting to order at 6:00 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and
State of Texas. (Councilmember Scagliola)
Councilmember Scagliola provided the opening prayer followed by the Pledges of
Allegiance to the Flags of the United States and the State of Texas.
Presentation
Fundraiser donation presentation from the Scenic Hills Subdivision to our first
responders in Schertz. (C. Kelm/J. Mabbitt/B. Hill) Christin Taylor - Pat
McMaster - Carol Najarian from Scenic Hills)
Members from the Scenic Hills Subdivision came forward and explained their
recent fundraising event and presented the following proceed checks:
Police Department $400.00
EMS Department $600.00
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EMS Department $600.00
Fire Department $400.00
Citizen Life Saving award. (C. Kelm/K. Long)
Mayor Gutierrez recognized Fire Chief Kade Long who came and provided the
following comments:
We are here is this evening to recognize a worker from First Street Assisted
Living Center: Ms. Leslie Barrientes
Early in the morning of October 26, 2020, we had a fire alarm call come in at
0449 at the First Street Assisted Living Center from an alarm monitoring
company. Our dispatchers quickly elevated this call to a structure fire which
added additional fire engines. When Quint 1 and Battalion Chief arrived, they
found smoke pouring out the front door and a window to the left of the front
door. The Battalion Chief was quickly able to ascertain from Ms. Barrientes that
all the residents were accounted for outside the building upon our crew’s arrival.
This allowed our fire crews to concentrate on the stopping the fire spread instead
of searching the building for residents. Our fire crews were able to pull a fire line
into the room where the fire had started, which was that room to the left of the
front door and finish putting out the fire. The sprinkler system had also activated
which assisted in keeping the fire from growing rapidly or spreading from the
room of origin. I would certainly commend our fire crews for their quick work of
this fire as well as the high-quality customer service that they provided. The Fire
Marshal and Asst Fire Marshal arrived on scene shortly after to investigate the
cause of the fire. Our firefighters then carried some of the burned and wet items
outside and mopped up the floor so that we could get all the residents back inside.
Now, for the reason we are here. As we started gathering information one thing
that quickly become apparent was the heroic actions of Ms. Barrientes. As I had
mentioned earlier, everyone was outside the building when our Firefighters
arrived. We discovered that when the fire alarm had sounded Ms. Barrientes was
making sure everyone was up and getting out of the building. Then, recognizing
that one of the resident’s doors was not open she went to open the door but was
unable to get it opened. Ms Barrientes acted quickly and without hesitation. She
grabbed a chair and ran outside and broke the window and assisted the resident in
getting out to safety. Her quick actions undoubtedly saved lives early this October
morning.
Mayor Gutierrez and Fire Chief Kade Long presented Ms. Leslie Barrientes with
a plaque for her lifesaving act.
Hearing of Residents
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Hearing of Residents
Residents who choose to watch the meeting via live stream, but who would like to
participate in Residents to be Heard, should email their comments to City
Secretary, Brenda Dennis, at bdennis@schertz.com by 5:00 p.m. on Monday,
November 30, 2020 , SO THAT THE CITY SECRETARY MAY READ THE
PUBLIC COMMENTS INTO THE RECORD UNDER THE HEARING OF
RESIDENTS. In the body of the email please include your name, your address,
phone number, agenda item # if applicable or subject of discussion, and your
comments.
This time is set aside for any person who wishes to address the City Council. Each
person should fill out the speaker’s register prior to the meeting. Presentations should
be limited to no more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual
member thereof. Any person making personal, impertinent, or slanderous remarks
while addressing the Council may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements
of specific factual information given in response to any inquiry, a recitation of existing
policy in response to an inquiry, and/or a proposal to place the item on a future
agenda. The presiding officer, during the Hearing of Residents portion of the agenda,
will call on those persons who have signed up to speak in the order they have
registered.
Mayor Gutierrez recognized the following who spoke regarding Law Enforcement,
police accountability, and the recent police violence:
Michele Terelesky, 705 Marilyn, Schertz
Sandra Kearns, 416 Eagle Flight, Cibolo
Dana Eldridge, 2628 Gallant Fox Dr., Schertz
Soctt Titterington, 5325 Storm King, Schertz
Sandra Dieckhoner, 5005 Timber Springs, Schertz
Josey Garcia, 147 Amber Knoll, San Antonio
Brenda Pacheco, 218 Bean, San Antonio
Jack Miller, 4839 Dick Gordon, San Antonio
Mayor Gutierrez provided the following comments:
Thank you, for sharing your views, we value your input. All sides of the spectrum
have been presented during the Hearing of Residents. Everyone will have their own
thought-provoking interpretation of the incident, dissenting opinions have value.
This Council is listening. Those on one side will reason with the other side. And vice
verse. Those, in the middle (my regrets) will receive it from both sides. Trying to
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verse. Those, in the middle (my regrets) will receive it from both sides. Trying to
persuade you to see it their way. Everyone has one common goal JUSTICE! This is
what everyone is seeking.
Now I ask you?
It is fair to demand immediate action, when the process has not been completed. This
process will take some time. How long? I don’t Know
I Know - Patience is tough and patience bitter, but patience is also a key element to
JUSTICE. For you see democracy cannot flourish when there is hate. Justice can not
be served when there is rage.
City Events and Announcements
Announcements of upcoming City Events (B. James/C. Kelm/S. Gonzalez)
Mayor Gutierrez recognized Assistant City Manager Brian James who provided
the following information on the upcoming events:
Thursday, December 3rd
“Deck the City Hall” Event
6:00 PM
Hal Baldwin Municipal Complex
In addition to the traditional Holiday tree lighting, we will be lighting the Hal
Baldwin Municipal Complex! Enjoy live music, a craft, and hot cocoa.
Saturday, December 5th
Holidazzle Event sponsored by Schertz Parks and Recreation
Breakfast with Santa sessions at 8:00 AM, 9:30 AM, and 11:00 AM – Space is
limited and tickets are $10.00 each. Call the Parks & Recreation Office at
210-619-1850 for more information.
Kris Kringle Market from 9:00 AM – 4:00 PM
Holiday Hoopla ice skating rink, giant snow globe, Mt. Schertz snow hill, and
snow angel play area from 2:00 PM – 8:00 PM
Holly Jolly Entertainment begins at 3:00 PM on the outdoor stage. Fireside
Toasting & Roasting food trucks available for special treats!
Festival of Angels lighted night parade along Schertz Parkway and Main Street
beginning at Pickrell Park at 6:00 PM and concluding at Community Circle Drive.
Social distancing will be encouraged and masks are required.
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Tuesday, December 8th
Last regular Council Meeting for 2020
6:00 PM
Council Chambers
Wednesday, December 9th
City Council Special Workshop
6:00 PM
Civic Center Bluebonnet Hall
Workshop to address concerns regarding the chip seal project completed as part
of the 2018 SPAM program.
Announcements and recognitions by the City Manager (M. Browne)
None were provided.
Announcements and recognitions by the Mayor (R. Gutierrez)
Mayor Gutierrez stated he would like to thank Mike Patrick and Harmon BBQ for
the Give Back Thanksgiving Dinner. Thank you sponsors and volunteers for your
contribution to the success of this year’s event. Over 1000 meals were served that
is quite an accomplishment.
Congratulations to our City Secretary Brenda Dennis recognize by the Texas
Municipal Clerks for her outstanding record management systems.
Consent Agenda Items
The Consent Agenda is considered self-explanatory and will be enacted by the Council
with one motion. There will be no separate discussion of these items unless they are
removed from the Consent Agenda upon the request of the Mayor or a Councilmember.
Mayor Gutierrez read the following items:
1.Minutes – Consideration and/or action regarding the approval of the minutes
of the Regular meeting of November 10, 2020, and the minutes of the Special
meeting of November 16, 2020. (B. Dennis)
2.Resolution No. 20-R-139 - Consideration and/or action approving a
Resolution by the City Council of the City of Schertz, Texas approving
requests for Schertz Main Street Local Flavor Economic Development Grants
for 539 and 820 Main Street. (B. James)
3.Ordinance No. 20-S-37 - Consideration and/or action upon a request to
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3.Ordinance No. 20-S-37 - Consideration and/or action upon a request to
amend the Comprehensive Land Use Plan by changing approximately 40 acres
of the Future Land Use Map from the Estate Neighborhood and Agricultural
Conservation land use designations to the Single-Family Residential land use
designation, generally located approximately 4,000 feet east of the intersection
between FM 1518 and Lower Seguin Road, also known as Bexar County
Property Identification Numbers 310024 and 310031, City of Schertz, Bexar
County, Texas. Final Reading (B. James/L. Wood/ N. Koplyay)
4.Ordinance No. 20-K-35 - Consideration/or action upon an Ordinance
requesting to close and abandon to the abutting property owners a portion of
Urban Lane Right-of-Way between Live Oak Hills Subdivision Lot 1, Block
55 (Guadalupe County Property ID: 32206) and Live Oak Hills Subdivision
Lot 18, Block 54 (Guadalupe County Property ID: 32205); and establishing an
effective date hereof. Final Reading (B.James/L. Wood/E. Delgado)
5.Resolution 20-R-140 - Consideration and/or action approving a Resolution by
the City Council of the City of Schertz, Texas, awarding a professional
services contract to Avant Strategic Partners for required bond arbitrage
calculations and filing. (B. James/J. Walters)
6.Resolution No. 20-R-119 - Consideration and/or action approving a
Resolution by the City Council of the City of Schertz, Texas, authorizing a
contract with AG|CM Inc, in an amount not to exceed $32,663 for the
construction management of the Schertz Pedestrian Routes & Bike Lanes
Project and the Live Oak Road Turn Lane Addition. (B. James/L. Shrum)
7.Resolution No. 20-R-118 - Consideration and/or action approving a
Resolution by the City Council of the City of Schertz, Texas, authorizing a
contract with D&S Concrete, in the amount of $1,256,960.95 for the
construction of the Schertz Pedestrian Routes & Bike Lanes Project and the
Live Oak Road Turn Lane Addition. (B. James/L. Shrum)
8.Resolution No. 20-R-134 - Consideration and/or action approving a
Resolution by the City Council of the City of Schertz, Texas, authorizing the
City Manager to enter into a lease agreement with Stryker Flex Financial for
the acquisition of sixteen (16) Stryker Life Pak monitor/defibrillators,
associated equipment and service plan. (C. Kelm/J. Mabbitt)
Mayor Gutierrez asked Council if there were any items to be removed from
Consent for separate action. Mayor Gutierrez recognized Councilmember
Scagliola who requested agenda item 3, Ordinance No. 20-S-37 be removed
for separate action, and Mayor Gutierrez recognized Councilmember
Whittaker who requested agenda item 2, Resolution No. 20-R-139 be removed
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for separate action.
Moved by Councilmember Michael Dahle, seconded by Councilmember
Mark Davis to approve consent agenda items 1, and 4 through 8.
AYE: Mayor Pro-Tem Rosemary Scott, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
Discussion and Action Items
The following were read into record:
2. Resolution No. 20-R-139 - Consideration and/or action approving a Resolution
by the City Council of the City of Schertz, Texas approving requests for Schertz Main
Street Local Flavor Economic Development Grants for 539 and 820 Main Street. (B.
James)
Mayor Gutierrize recognized Assistant City Manager Brian James who addressed
Councilmember Whittaker's questions regarding landscaping and why the look will be
changing.
Moved by Councilmember Allison Heyward, seconded by Councilmember
Tim Brown to approve Resolution No. 20-R-139.
AYE: Mayor Pro-Tem Rosemary Scott, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
3. Ordinance No. 20-S-37 - Consideration and/or action upon a request to amend
the Comprehensive Land Use Plan by changing approximately 40 acres of the Future
Land Use Map from the Estate Neighborhood and Agricultural Conservation land use
designations to the Single-Family Residential land use designation, generally located
approximately 4,000 feet east of the intersection between FM 1518 and Lower Seguin
Road, also known as Bexar County Property Identification Numbers 310024 and
310031, City of Schertz, Bexar County, Texas. Final Reading (B. James/L. Wood/ N.
Koplyay)
Mayor Gutierrez recognized Councilmember Scagliola who stated that he had voted
no on this item and should not have been a consent item. He stated that in addition to
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no on this item and should not have been a consent item. He stated that in addition to
the unanimous disapproval by Planning and Zoning Commission he voted no on his
own concerns, and will likely do so again. His message is really to the Planning and
Zoning Commission, we recognize what you do, and it really isn't an easy job and is
greatly appreciated. Don't let the approval of this item discourage you and certainly do
not take it out of context. There is a lot of things happening in our City and within our
Planning and Zoning Department and this just maybe an anomaly. He is sure that
they will get to the bottom of it in the very near future and find a strategy to move
forward.
Moved by Councilmember Michael Dahle, seconded by Councilmember
Jill Whittaker to approve Ordinance No. 20-S-37 on final reading.
AYE: Mayor Pro-Tem Rosemary Scott, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember Allison Heyward, Councilmember Tim Brown
NAY: Councilmember David Scagliola
Passed
9.Ordinance No. 20-T-38 - Consideration and/or action approving an
Ordinance by the City Council of the City of Schertz, Texas, authorizing an
adjustment to the fiscal year 2020-2021 budget, repealing all Ordinances or
parts of Ordinances in conflict with this Ordinance; and providing an effective
date. First Reading (M. Browne/B. James/J. Walters)
Mayor Gutierrez recognized Finance Director James Walters who introduced
this item addressing questions from Council.
Moved by Councilmember Mark Davis, seconded by Councilmember
Allison Heyward to approve Ordinance No. 20-T-38 on first reading.
AYE: Mayor Pro-Tem Rosemary Scott, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
10.Resolution 20-R-141 - Consideration and/or action approving a Resolution
adding Christmas Eve to the City's Holiday Schedule and authorizing
Education Pay for Eligible Full-Time City Employees. (C. Kelm/J. Kurz)
Mayor Gutierrez recognized Director of Human Resources & Purchasing
Jessica Kurz who introduced this item addressing questions from Council.
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Moved by Councilmember David Scagliola, seconded by Councilmember
Michael Dahle to approve Resolution No. 20-R-141.
AYE: Mayor Pro-Tem Rosemary Scott, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
Public Hearings
11.Ordinance No. 20-S-41 - Conduct a public hearing, consideration and/or
action upon a request to rezone approximately 0.35 acres of land from
Neighborhood Services District (NS) to Main Street Mixed Use District
(MSMU), located at 603 Main Street, City of Schertz, Guadalupe County,
Texas. First Reading (B. James/L. Wood/N. Koplyay).
Mayor Gutierrez recognized Planner 1 Nick Koplyay who provided a
PowerPoint presentation regarding this item.
Mayor Gutierrez stated this was a public hearing and opened the public
hearing for those wishing to speak on this item. As no one spoke, Mayor
Gutierrez closed the public hearing for Council comments. No Council
comments were provided.
Moved by Councilmember Tim Brown, seconded by Councilmember
Mark Davis to approve Ordinance No. 20-S-41 on first reading.
AYE: Mayor Pro-Tem Rosemary Scott, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
12.Ordinance No. 20-S-42 - Conduct a public hearing, consideration and/or
action upon request to rezone approximately 0.35 acres of land from General
Business District (GB) to Main Street Mixed Use District (MSMU), located at
539 Main Street, City of Schertz, Guadalupe County, Texas. First Reading
(B. James/L. Wood/N. Koplyay).
Mayor Gutierrez recognized Planner 1 Nick Koplyay who provided a
PowerPoint presentation regarding this item.
9
Mayor Gutierrez stated this was a public hearing and opened the public
hearing for those wishing to speak on this item. As no one spoke, Mayor
Gutierrez closed the public hearing for Council comments. No Council
comments were provided.
Moved by Councilmember Michael Dahle, seconded by Councilmember
Allison Heyward to approve Ordinance No. 20-S-42.
AYE: Mayor Pro-Tem Rosemary Scott, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
13.Ordinance No. 20-S-40 - Conduct a public hearing, consideration and/or
action upon a request for a Specific Use Permit to allow the ‘Commercial
Amusement, Outdoor’ land use on approximately 17.5 acres of land, located
at 18658 Interstate Highway 35 N, City of Schertz, Guadalupe County, Texas,
also known as Wiederstein Ranch Lot 1, Block 1. First Reading (B. James/L.
Wood/N. Koplyay)
Mayor Gutierrez recognized Planner 1 Nick Koplyay who provided a
PowerPoint presentation regarding this item.
Mayor Gutierrez stated this was a public hearing and opened the public
hearing for those wishing to speak on this item.
Mayor Gutierrez recognized Mr. Dana Eldridge, 2628 Gallant Fox Drive, who
spoke in favor of the item, but concerns with the condition of Old Wiederstein
Road and need for repair as more traffic will come from this new event. As no
one else spoke, Mayor Gutierrez closed the public hearing for Council
comments.
Staff members Nick Koplyay and Assistant City Manager Brian James
addressed questions from Council.
Moved by Councilmember Tim Brown, seconded by Councilmember
David Scagliola to approve Ordinance No. 20-S-40 on first reading.
AYE: Mayor Pro-Tem Rosemary Scott, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
10
14.Ordinance No. 20-T-39 - Conduct a public hearing, consideration and/or
action upon an Ordinance to extend the term of the Tax Increment Financing
Reinvestment zone No. 2 (Sedona/Crossvine) and expand the boundaries.
First Reading (B. James)
Mayor Gutierrez recognized Assistant City Manager Brian James who
introduced this item. Mayor Gutierrez stated this was a public hearing and
opened the public hearing for those wishing to speak on this item. As no one
spoke, Mayor Gutierrez closed the public hearing for Council comments.
Moved by Councilmember Tim Brown, seconded by Councilmember
David Scagliola to approve Ordinance 20-T-39.
AYE: Mayor Pro-Tem Rosemary Scott, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
Roll Call Vote Confirmation
Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the roll call
vote confirmation for agenda items 1 through 14.
Workshop
15.Workshop Discussion and Update (Ordinance 20-H-18) - Discussion and
update regarding the COVID-19 virus and our current Ordinance No. 20-H-18 Declaration
of Local Disaster. (M. Browne/K. Long/S. Hall)
Mayor Gutierrez recognized Emergency Management Coordinator Summer Hall who
provided Council with the latest information regarding current numbers on active cases of
COVID-19 in Guadalupe, Bexar, and Comal counties as well as fatality rates. EMC
Summer Hall gave specifics on the breakdowns for surrounding areas, schools, daily state
counts, and hospitalization rates. Ms. Hall addressed comments and questions from Council.
16.City Council Liaison Appointments - Discussion and possible action
regarding various City Council liaison appointments. (Mayor/Council/B.
Dennis)
Mayor Gutierrez recognized City Secretary Brenda Dennis who provided a
brief history on the annual choosing of the liaison appointments from Council
and filling any vacancies due to the recent election. Mayor
Gutierrez provided each Councilmember an opportunity to voice their desires
11
Gutierrez provided each Councilmember an opportunity to voice their desires
for the liaison positions. The positions are as follows:
Councilmember Rosemary Scott - Interview Committee for Boards and
Commissions and Schertz Animal Services Advisory Board.
Councilmember David Scagliola - Cibolo Valley Local Government
Corporation - Alternate; Hal Baldwin Scholarship Committee; Interview
Committee for Boards and Commissions; and Schertz-Seguin Local
Government Corporation.
Councilmember David Scagliola proposed Council create a position for a
liaison with the Schertz Senior Center. City Secretary Brenda Dennis stated
she would sit down with the YMCA and discuss the proposed liaison position
and would bring it back to council as a future agenda item.
Councilmember Mark Davis - Interview Committee for Boards and
Commissions; Main Street Committee - Chair; Schertz Housing
Authority Board; and TIRZ II Board.
Councilmember Allison Heyward - Audit Committee; Investment
Advisory Committee; and Main Street Committee.
Councilmember Tim Brown - Main Street Committee
and Schertz-Seguin Local Government Corporation - alternate.
Councilmember Michael Dahle - Cibolo Valley Local Government
Corporation; Interview Committee for Boards and Commissions; and
TIRZ II Board.
Councilmember Jill Whittaker - Audit Committee.
Councilmember Jill Whittaker expressed a desire to be on the TIRZ II Board.
Assistant City Manager Brian James stated there were set spots on that board,
and they would have to bring back an item to increase the board members or
there was also a possibility of replacing one of the two members whose terms
were up at the end of this month. City Secretary Brenda Dennis stated she
will look into the positions open with the TIRZ II Board.
Information available in City Council Packets - NO DISCUSSION TO OCCUR
Mayor Gutierrez mentioned that items 17 and 18 were informational items and the
information was provided to Council as well as available to the public.
17.Update on Utility Billing Operation Changes. (B. James/J. Walters)
18.Update on Scope and Philosophy of the Comprehensive Plan and UDC
Update. (B. James)
12
Requests and Announcements
Announcements by the City Manager.
Requests by Mayor and Councilmembers for updates or information from staff.
No requests were given.
Requests by Mayor and Councilmembers that items or presentations be placed on
a future City Council agenda. No items requested.
Announcements by Mayor and Councilmembers
City and community events attended and to be attended
City Council Committee and Liaison Assignments (see assignments below)
Continuing education events attended and to be attended
Recognition of actions by City employees
Recognition of actions by community volunteers
No announcements were provided.
Adjournment
Mayor Gutierrez adjourned the meeting at 7:59 p.m.
_______________________________
Ralph Gutierrez, Mayor
ATTEST:
____________________________________
Brenda Dennis, City Secretary
13
Agenda No. 2.
CITY COUNCIL MEMORANDUM
City Council
Meeting:December 8, 2020
Department:City Secretary
Subject:Ordinance No. 20-S-41 - Consideration and/or action upon a request to rezone
approximately 0.35 acres of land from Neighborhood Services District (NS) to
Main Street Mixed Use District (MSMU), located at 603 Main Street, City of
Schertz, Guadalupe County, Texas. Final Reading (B. James/L. Wood/N. Koplyay).
BACKGROUND
The applicant is proposing to rezone approximately 0.35 acres of land from Neighborhood Services
District (NS) to Main Street Mixed Use District (MSMU). The property is located at 603 Main Street
and is currently developed with one residential structure and an accessory detached garage.
Twenty-four (24) public hearing notices were mailed to surrounding property owners within two
hundred (200) feet of the subject property on November 6, 2020, and a public hearing notice was
published in the “San Antonio Express” on November 11, 2020. At the time of this report staff has
received four neutral responses to the public hearing notices.
The Planning and Zoning Commission met on November 18, 2020 and made a recommendation to City
Council to approve the proposed zone change by a 7-0 vote.
City Council approved this at their meeting of December 1, 2020.
GOAL
The project goal is to rezone the subject property from Neighborhood Services District (NS) to Main
Street Mixed Use District (MSMU) in order to re-purpose the existing house on-site into a counseling
office.
COMMUNITY BENEFIT
It is the City’s desire to promote safe, orderly, efficient development and ensure compliance with the
City’s vision of future growth.
SUMMARY OF RECOMMENDED ACTION
The Sector Plan amendment to the Comprehensive Land Use Plan designates the subject property as
part of Historic Downtown Schertz. The objective for Historic Downtown Schertz is to leverage
Schertz’s history and heritage to create a unique destination with local independent businesses, while
encouraging the use of existing buildings. The Main Street Mixed-Use District (MSMU) was created to
help achieve these objectives. The MSMU zoning district is intended to provide a base zoning district to
the area along Main Street. In light of the history of the area and variety of land uses that exist, this
zoning district allows for both single-family residential uses and low intensity commercial uses.
Reduced setbacks and parking requirements are also provided as part of this district due to physical
constraints. The proposed zone change to MSMU at 603 Main Street is in conformance with the
Comprehensive Plan, because MSMU will allow the subject property to accomplish the goals
established for Historic Downtown Schertz; the MSMU zoning district will allow the applicant to take
advantage of the existing improvement on-site by repurposing the existing house to develop a
counseling office.
The proposed zone change should also have a minimal impact on infrastructure and public facilities.The
subject property is currently surrounded by single-family dwellings and right-of-way, with commercial
businesses in the vicinity along Main Street, so the proposed zone change should also have a minimal
impact on the existing and future adjacent land uses.
Based on the new zoning district's compatibility with the Comprehensive Land Use Plan and the land
uses of the adjacent properties, the MSMU zoning district is the most appropriate zoning district for the
subject property. Staff recommends approval of the zone change application as submitted.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends approval of the proposed zone change to Main Street Mixed Use District as
submitted.
Attachments
Ordinance 20-S-41
Ordinance 20-S-41 Exhibit A
Aerial Map
Public Hearing Notice Map
Public Hearing Notice Responses
ORDINANCE NO. 20-S-41
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 0.35
ACRES OF LAND FROM NEIGHBORHOOD SERVICES DISTRICT (NS) TO MAIN
STREET MIXED USE DISTRICT (MSMU), LOCATED AT 603 MAIN STREET, CITY
OF SCHERTZ, GUADALUPE COUNTY, TEXAS.
WHEREAS,an application to rezone approximately 0.35 acres of landlocated at 603 Main Street,
and more specifically described in the Exhibit A attached herein (herein, the “Property”) has been
filed with the City; and
WHEREAS, the City’s Unified Development Code Section 21.5.4.D. provides for certain criteria
to be considered by the Planning and Zoning Commission in making recommendations to City
Council and by City Council in considering final action on a requested zone change (the
“Criteria”); and
WHEREAS, on November 18, 2020, the Planning and Zoning Commission conducted a public
hearing and, after considering the Criteria, made a recommendation to City Council to approve the
requested rezoning; and
WHEREAS,on December 1, 2020, the City Council conducted a public hearing and after
considering the Criteria and recommendation by the Planning and Zoning Commission,
determined that the requested zoning be approved as provided for herein.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS :
THAT:
Section 1. The Property as shown and more particularly described in the attached Exhibit
A, is hereby zoned Main Street Mixed Use District (MSMU).
Section 2. The Official Zoning Map of the City of Schertz, described and referred to in
Article 2 of the Unified Development Code, shall be revised to reflect the above amendment.
Section 3. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of
the judgment and findings of the Council.
Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent
with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 5. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 6. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City hereby
declares that this Ordinance would have been enacted without such invalid provision.
Section 7. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject matter
of the public business to be considered at such meeting, including this Ordinance, was given, all
as required by Chapter 551, as amended, Texas Government Code.
Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
Section 9. This Ordinance shall be cumulative of all other ordinances of the City of
Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City
of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the
provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby
repealed.
Approved on first reading the 1st day of December, 2020.
PASSED, APPROVED AND ADOPTED on final reading the 8
th day of December, 2020.
____________________________________
Ralph Gutierrez, Mayor
ATTEST:
________________________________
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
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ABS: 221 SUR: G MALP AZ 0.3400 AC.
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Classification(P RE) P re -De ve lopm e nt(P DD) P lanne d De ve lopm e nt(P UB) P ublic Use(R-A) Single -fam ily Re sid e ntial/Agric ultural(R-1) Single -Fam ily Re sid e ntial(R-2) Single -Fam ily Re sid e ntial(R-3) Two-Fam ily Re sid e ntial(R-4) Apartm e nt/Multi-Fam ily Re sid e ntial(R-6) Single -fam ily Re sid e ntial(R-7) Single -fam ily Re sid e ntial(GH) Gard e n Hom e /Single -Fam ily Re sid e ntial (Z e ro Lot Line )
(TH) Townhom e(MHS) Manufac ture d Hom e Subd ivision(MHP ) Manufac ture d Hom e P arks(GB) Ge ne ral Busine ss(GB-2) Ge ne ral Busine ss II(N S) N e ighborhood Se rvic e s(OP ) Offic e and P rofe ssional(MSMU) Main Stre e t Mixe d Use(M-1) Manufac turing (Light)(M-2) Manufac turing (He avy)(DVL) De ve lopm e nt Agre e m e nt (De laye d Anne xation)
Last Upd ate : N ove m be r 4, 2020
“The City of Sc he rtz provid e s this Ge ographic Inform ation Syste m prod uc t "as is" without any e xpre ss or im plie dwarranty of any kind inc lud ing but not lim ite d to the im plie d warrantie s of m e rc hantability and fitne ss for a partic ular purpose .In no e ve nt shall The City of Sc he rtz be liable for any spe c ial, ind ire c t or c onse que ntial d am age s or any dam age s whatsoe ve r arising out of or in c onne c tionwith the use of or pe rform anc e of the se m ate rials. Inform ation publishe d in this prod uc t c ould inc lude te c hnic al inac c urac ie s or typographic al e rrors. P e riodic alc hange s m ay be m ad e and inform ation m ay be ad de d to the inform ation he re in. The City of Sc he rtz m ay m ake im prove m e nts and /or c hange s in the prod uc t(s)de sc ribe d he re in at any tim e .”
City of Sc he rtz, GIS Coord inator: Tony Mc Falls, gis@sc he rtz.com (210) 619-1184
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COMMUNIW
SERVICE
OPPOBTUNIW
PLANNING& COMMUNITY
DEVELOPMENT
NOTICE OF PUBLIC HEARING
November 6,2020
Dear Property Owner,
The Schertz Planning and Zoning Commission will conduct a public hearing on Wednesdav, November 18, 2020 at
6:00 p.m. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to
consider and make recommendation on the following item:
2C2020-011 - A request to rezone approximately 0.35 acres of land from Neighborhood Services District (NS) to Main
Street Mixed Use District (IVISIUU), located at 603 Main Street, City of Schertz, Guadalupe County, Texas.
The Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the
public hearing, Ihrs form is used fo calculate the percentage of landowners that support and oppose fhe requesf. You
may return the reply form below prior to the first public hearing date by mail or personal delivery to Nick Koplyay,
Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619-1789, or by e-mail nkoplvav@schertz.com,
lf you have any questions please feel free to call Nick Koplyay, Planner directly at (210) 619-1782.
Sincerely,
Nick Koplyay
Planner
I am: in favor of
COMMENTS:
NAIVE
(PLEAS
STREET ADDRESS:
opposed to E
Reply Form
neutralto i)
SIGNATU
the request for 2C2020-011
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1400 Schertz Parkway Schertz, Texas 78154 210.619.1000
iS
Agenda No. 3.
CITY COUNCIL MEMORANDUM
City Council
Meeting:December 8, 2020
Department:City Secretary
Subject:Ordinance No. 20-S-42 - Consideration and/or action upon request to rezone
approximately 0.35 acres of land from General Business District (GB) to Main
Street Mixed Use District (MSMU), located at 539 Main Street, City of Schertz,
Guadalupe County, Texas. Final Reading (B. James/L. Wood/N. Koplyay).
BACKGROUND
The applicant is proposing to rezone approximately 0.35 acres of land from General Business District
(GB) to Main Street Mixed Use District (MSMU). The property is located at 539 Main Street and is
currently developed with one residential structure and one accessory structure.
Twenty-four (24) public hearing notices were mailed to surrounding property owners within two
hundred (200) feet of the subject property on November 6, 2020, and a public hearing notice was
published in the “San Antonio Express” on November 11, 2020. At the time of this report staff has
received four neutral responses and one favorable response to the public hearing notices.
The Planning and Zoning Commission met on November 18, 2020 and made a recommendation to City
Council to approve the proposed zone change by a 7-0 vote.
City Council approved this on first reading at their meeting of December 1, 2020.
GOAL
The project goal is to rezone the subject property from General Business District (GB) to Main Street
Mixed Use District (MSMU) in order to re-purpose the existing house and accessory structure on-site
into two commercial businesses.
COMMUNITY BENEFIT
It is the City’s desire to promote safe, orderly, efficient development and ensure compliance with the
City’s vision of future growth.
SUMMARY OF RECOMMENDED ACTION
The Sector Plan amendment to the Comprehensive Land Use Plan designates the subject property as
part of Historic Downtown Schertz. The objective for Historic Downtown Schertz is to leverage
Schertz’s history and heritage to create a unique destination with local independent businesses, while
encouraging the use of existing buildings. The Main Street Mixed-Use District (MSMU) was created to
help achieve these objectives. The MSMU zoning district is intended to provide a base zoning district to
the area along Main Street. In light of the history of the area and variety of land uses that exist, this
zoning district allows for both single-family residential uses and low intensity commercial uses.
Reduced setbacks and parking requirements are also provided as part of this district due to physical
constraints. The proposed zone change to MSMU at 539 Main Street is in conformance with the
Comprehensive Plan, because MSMU will allow the subject property to accomplish the goals
established for Historic Downtown Schertz; the MSMU zoning district will permit the applicant to take
advantage of the existing improvement on-site by utilizing the existing house to develop two
commercial businesses.
The proposed zone change should also have a minimal impact on infrastructure and public facilities.The
subject property is currently surrounded by single-family dwellings and right-of-way, with commercial
businesses in the vicinity along Main Street, so the proposed zone change should also have a minimal
impact on the existing and future adjacent land uses.
Based on the new zoning district's compatibility with the Comprehensive Land Use Plan and the land
uses of the adjacent properties, the MSMU zoning district is the most appropriate zoning district for the
subject property. Staff recommends approval of the zone change application as submitted.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends approval of the proposed zone change to Main Street Mixed Use District as
submitted.
Attachments
Ordinance 20-S-42
Ordinance 20-S-42 Exhibit A
Aerial Map
Public Hearing Notice Map
Public Hearing Notice Responses
ORDINANCE NO. 20-S-42
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 0.35
ACRES OF LAND FROM GENERAL BUSINESS DISTRICT (GB) TO MAIN STREET
MIXED USE DISTRICT (MSMU), LOCATED AT 539 MAIN STREET, CITY OF
SCHERTZ, GUADALUPE COUNTY, TEXAS.
WHEREAS,an application to rezone approximately 0.35 acres of landlocated at 539 Main Street,
and more specifically described in the Exhibit A attached herein (herein, the “Property”) has been
filed with the City; and
WHEREAS, the City’s Unified Development Code Section 21.5.4.D. provides for certain criteria
to be considered by the Planning and Zoning Commission in making recommendations to City
Council and by City Council in considering final action on a requested zone change (the
“Criteria”); and
WHEREAS, on November 18, 2020, the Planning and Zoning Commission conducted a public
hearing and, after considering the Criteria, made a recommendation to City Council to approve the
requested rezoning; and
WHEREAS,on December 1, 2020, the City Council conducted a public hearing and after
considering the Criteria and recommendation by the Planning and Zoning Commission,
determined that the requested zoning be approved as provided for herein.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS :
THAT:
Section 1. The Property as shown and more particularly described in the attached Exhibit
A, is hereby zoned Main Street Mixed Use District (MSMU).
Section 2. The Official Zoning Map of the City of Schertz, described and referred to in
Article 2 of the Unified Development Code, shall be revised to reflect the above amendment.
Section 3. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of
the judgment and findings of the Council.
Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent
with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 5. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 6. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City hereby
declares that this Ordinance would have been enacted without such invalid provision.
Section 7. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject matter
of the public business to be considered at such meeting, including this Ordinance, was given, all
as required by Chapter 551, as amended, Texas Government Code.
Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
Section 9. This Ordinance shall be cumulative of all other ordinances of the City of
Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City
of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the
provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby
repealed.
Approved on first reading the 1st day of December, 2020.
PASSED, APPROVED AND ADOPTED on final reading the 8
th day of December, 2020.
____________________________________
Ralph Gutierrez, Mayor
ATTEST:
________________________________
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
ORDINANCE NO. 20-S-42
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 0.35
ACRES OF LAND FROM GENERAL BUSINESS DISTRICT (GB) TO MAIN STREET
MIXED USE DISTRICT (MSMU), LOCATED AT 539 MAIN STREET, CITY OF
SCHERTZ, GUADALUPE COUNTY, TEXAS.
WHEREAS,an application to rezone approximately 0.35 acres of landlocated at 539 Main Street,
and more specifically described in the Exhibit A attached herein (herein, the “Property”) has been
filed with the City; and
WHEREAS, the City’s Unified Development Code Section 21.5.4.D. provides for certain criteria
to be considered by the Planning and Zoning Commission in making recommendations to City
Council and by City Council in considering final action on a requested zone change (the
“Criteria”); and
WHEREAS, on November 18, 2020, the Planning and Zoning Commission conducted a public
hearing and, after considering the Criteria, made a recommendation to City Council to approve the
requested rezoning; and
WHEREAS,on December 1, 2020, the City Council conducted a public hearing and after
considering the Criteria and recommendation by the Planning and Zoning Commission,
determined that the requested zoning be approved as provided for herein.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS :
THAT:
Section 1. The Property as shown and more particularly described in the attached Exhibit
A, is hereby zoned Main Street Mixed Use District (MSMU).
Section 2. The Official Zoning Map of the City of Schertz, described and referred to in
Article 2 of the Unified Development Code, shall be revised to reflect the above amendment.
Section 3. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of
the judgment and findings of the Council.
Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent
with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 5. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 6. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City hereby
declares that this Ordinance would have been enacted without such invalid provision.
Section 7. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject matter
of the public business to be considered at such meeting, including this Ordinance, was given, all
as required by Chapter 551, as amended, Texas Government Code.
Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
Section 9. This Ordinance shall be cumulative of all other ordinances of the City of
Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City
of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the
provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby
repealed.
Approved on first reading the 1st day of December, 2020.
PASSED, APPROVED AND ADOPTED on final reading the 8
th day of December, 2020.
____________________________________
Ralph Gutierrez, Mayor
ATTEST:
________________________________
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
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Last Update: November 4, 2020
“The City of Schertz provides this Geographic Information System product "as is" without any express or impliedwarranty of any kind including but not limited to the implied warranties of merchantability and fitness for a particular purpose.In no event shall The City of Schertz be liable for any special, indirect or consequential damages or any damages whatsoever arising out of or in connectionwith the use of or performance of these materials. Information published in this product could include technical inaccuracies or typographical errors. Periodicalchanges may be made and information may be added to the information herein. The City of Schertz may make improvements and/or changes in the product(s)described herein at any time.”
City of Schertz, GIS Specialist: Bill Gardner, gis@schertz.com (210) 619-1185
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COMMUNIW
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PLANNING& COMMUNITY
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NOTICE OF PUBLIC HEARING
November 6,2020
Dear Property Owner,
The Schertz Planning and Zoning Commission will conduct a public hearing on Wednesdav, November 18. 2020 at
6:00 p.m, located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to
consider and make recommendation on the following item:
2C2020-012- A request to rezone approximately 0.35 acres of land from General Business District (GB) to Main Street
lVixed Use District (MSMU), located at 539 Main Street, City of Schertz, Guadalupe County, Texas,
The Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the
public hearing. Iitis form is used fo calculate the percentage of landowners that support and oppose fhe reguest. You
may return the reply form below prior to the first public hearing date by mail or personal delivery to Nick Koplyay,
Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619-1789, or by e-mail nkoplyav@schertz.com.
lf you have any questions please feel free to call Nick Koplyay, Planner directly at (210) 619-1782,
Sincerely
Nick Koplyay
Planner
Reply Form
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COMMUNIW
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PLANNING & COMMLNITY
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November 6,2020
Dear Property Owner,
The Schertz Planning and Zoning Commission will conduct a public hearing on Wednesdav, November 18, 2020 at
6:00 p.m, located at the lMunicipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to
consider and make recommendation on the following item:
2C2020-012- A request to rezone approximately 0,35 acres of land from General Business District (GB) to lMain Street
lt/ixed Use District (lVlStUU), located at 539 lt/ain Street, City of Schertz, Guadalupe County, Texas.
The Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the
public hearing. Ihls form is used fo calculate the percentage of landowners that support and oppose fhe requesf. You
may return the reply form below prior to the first public hearing date by mail or personal delivery to Nick Koplyay,
Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619-1789, or by e-mail nkoplyay@schertz,com,
lf you have any questions please feel free to call Nick Koplyay, Planner directly at (210) 619-1782.
Sincerely
Nick Koplyay
Planner
lam:in favor ofT"
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1400 Schertz Parkway Schertz, Texas 78154 2.10.619.1000
Agenda No. 4.
CITY COUNCIL MEMORANDUM
City Council
Meeting:December 8, 2020
Department:City Secretary
Subject:Ordinance No. 20-S-40 - Consideration and/or action upon a request for a Specific
Use Permit to allow the ‘Commercial Amusement, Outdoor’ land use on
approximately 17.5 acres of land, located at 18658 Interstate Highway 35 N, City
of Schertz, Guadalupe County, Texas, also known as Wiederstein Ranch Lot 1,
Block 1. Final Reading (B. James/L. Wood/N. Koplyay)
BACKGROUND
The applicant is requesting a Specific Use Permit to allow the ‘Commercial Amusement, Outdoor’ land
use on approximately 17.5 acres of land, located at 18658 IH-35 N. The applicant would like to utilize
the 'Commercial Amusement, Outdoor' land use in order to operate outdoor paintball facilities on the
northeast side of the property.
The subject property is located at 18658 IH-35 North, also known as Wiederstein Ranch Lot 1, Blk 1,
and is currently developed with an approximately 70,000 square foot indoor commercial amusement
center (EVO Entertainment) containing movie theaters, bowling alleys, arcade games, etc.
Three (3) public hearing notices were mailed to surrounding property owners within two hundred (200)
feet of the subject property on November 6, 2020, and a public hearing was published in the “San
Antonio Express” on November 11, 2020. At the time of this report staff has received one response in
favor of the Specific Use Permit.
The Planning and Zoning Commission met on November 18, 2020 and made a recommendation to City
Council to approve the proposed Specific Use Permit by a 7-0
vote. The following project representatives spoke at the Planning & Zoning Commission public hearing:
Chris Cline, EVO Entertainment, CDO, answered the Commission's questions regarding specifics
of the proposed paintball facilities
City Council approved this at their meeting of December 1, 2020.
GOAL
The goal of the proposed Specific Use Permit is to allow the Commercial Amusement Outdoor land use
on approximately 17.5 acres of land, located at 18658 IH-35 N.
COMMUNITY BENEFIT
It is the City’s desire to promote safe, orderly, efficient development and ensure compliance with the
City’s vision of future growth.
SUMMARY OF RECOMMENDED ACTION
Impact on Adjacent Development
Impact on Adjacent Development
The subject property is currently surrounded by an approximately 73 acre tract of land zoned General
Business District (GB) and Manufacturing Light District (M-1) that is largely undeveloped with some
minor agricultural uses, an approximately 21 acre tract of land zoned General Business District (GB)
that is developed with an outdoor flea market plus some residential dwellings towards the rear of the
property, and the Interstate Highway 35 Right-Of-Way. The site plan associated with this Specific Use
Permit request to allow the 'Commercial Amusement, Outdoor' land use shows that the paintball
courses are planned to be situated along the eastern property boundary, which would place the paintball
facilities adjacent to the outdoor flea market and the residential dwellings towards the rear of the
property. While the property owner is taking all the necessary precautions associated with a paintball
facility, including the installation of 20 foot tall, professional grade paintball netting around the entirety
of both paintball courses, thus preventing the paintballs from leaving the subject property and
interfering with the surrounding properties, there could still be potential impacts on the adjacent land
uses in terms of noise. However, the subject property and the potentially affected adjacent properties
are along Interstate Highway 35, so some noise traffic should be expected from the roadway and any
commercial businesses that operate along the roadway. Therefore, the addition of a paintball facility
with the necessary precautions in the area should not have a major noise impact on the surrounding
properties beyond what
should be expected along an interstate highway. The property owner of the Bussey's Flea Market also
reached out to staff to and has no objections to the proposed paintball facilities being constructed next to
his property.
Conformance with the Comprehensive Land Use Plan
In addition, the proposed Specific Use Permit to allow the 'Commercial Amusement, Outdoor' land use
should not have an adverse impact on any potential adjacent development, because the proposed land
use is in conformance with the North Schertz Sector Plan. The subject property and the adjacent
properties along IH-35 are all identified under the Commercial Campus land use designation within the
North Schertz Sector Plan. The Commercial Campus land use designation is intended to allow for a
variety of commercial uses and should also accommodate light manufacturing or flex office spaces;
therefore, the 'Commercial Amusement, Outdoor' land use, and the paintball facilities more specifically,
should not impede the redevelopment of any adjacent properties in accordance with the Comprehensive
Land Use Plan.
Conceptual Site Plan
Architectural Standards: The proposed Specific Use Permit would not make any modifications to
the existing 70,000 square foot indoor commercial amusement center (EVO Entertainment),
which already complies with the architectural feature requirements (i.e. horizontal and vertical
articulations) defined in Schertz Unified Development Code (UDC) Sec. 21.9.5 Exterior
Construction and Design Standards
Parking: The applicant is proposing no changes to the current parking facilities with the addition
of the proposed 'Commercial Amusement, Outdoor' land use. The applicant believes that the peak
traffic hours for the existing indoor commercial amusement facility and the proposed paintball
courses operate during different times of the day, and that the existing parking is sufficient for the
current number of daily customers. The COVID-19 pandemic has reduced the daily traffic within
the EVO facility, and if additional parking is required to meet consumer expectations or traffic
standards following the attenuation of the pandemic, then the applicant will install more parking
spaces on site in any of the available space.
Screening requirements: The applicant is proposing to screen the paintball courses with 20 foot
tall, professional grade paintball netting that will prevent any of the paintballs from leaving the
designated facilities and encroaching into the remainder of the subject property or onto adjacent
properties. The existence of residential dwellings in the rear of the General Business District
(GB) zoned property that also houses the outdoor flea market, would typically require the
applicant to install an 8' masonry fence along with a 20' landscape buffer including the necessary
tree and shrub plantings in accordance with UDC Sec. 21.9.7.G & Sec. 21.9.8.B.3; however, the
applicant is already installing a 20' screening net that will obstruct the paintball facility from the
neighboring properties. Therefore, due to the unique screening precautions already being taken
given the proposed land use, the applicant is requesting to not install the masonry wall and
associated landscape buffer along the southeast portion of the property line adjacent to the
residential dwellings.
Landscaping: The proposed Specific Use Permit would not make any modifications to the
existing landscaping on-site, and the applicant is not planning to remove any trees on site since
the heavily wooded nature of the southeast portion of the subject property will be utilized as part
of one of the paintball courses. The removal of any Protected/Heritage class trees on-site will
require a Tree Removal Permit and any necessary tree mitigation fees.
Access and circulation: The subject property's access to the IH-35 frontage road is not proposed to
change under the requested Specific Use Permit. The addition of the paintball facilities will also
not have a major impact on the subject property's site circulation given that the drive aisles and
parking spaces are proposed to remain as they exist today.
A Specific Use Permit (SUP) to allow the 'Commercial Amusement, Outdoor' land use in association
with the attached Site Plan would permit the applicant to construct two paintball courses over
approximately 10 acres of land on the eastern subject property boundary. Staff recommends approval of
the proposed SUP given the request's compatibility with the Comprehensive Plan, the minimal
additional impact to the existing and potential adjacent land uses beyond what would be expected along
Interstate Highway 35, and the benefit the land use would provide to the community.
The North Schertz Sector identifies the subject property as Commercial Campus, which is
intended primarily for a wider variety of commercial land uses. The requested 'Commercial
Amusement, Outdoor' land use is compatible with the Commercial Campus future land use
designation; therefore, the proposed SUP is compatible with the Comprehensive Plan.
The proposed 'Commercial Amusement, Outdoor' land use should also have a minimal impact
on the existing and potential surrounding land uses. The paintball courses proposed under this
SUP would be constructed along the eastern property boundary and adjacent to the property
zoned General Business District (GB) and developed with the outdoor flea market and residential
houses; however, the applicant is taking precautionary measures, including installing 20 foot tall
screening and protection netting around both courses to ensure there is as little adverse impact to
the neighbors as possible. The North Schertz Sector Plan identifies the neighboring properties as
Commercial Campus as well, so the development of the 'Commercial Amusement, Outdoor' land
use should also have a limited impact on the potential land uses that will develop under the
Commercial Campus future land use designation.
The addition of the paintball courses would also provide an amenity that is not currently present
in the City of Schertz. There are very limited commercial properties that offer outdoor
entertainment facilities such as the paintball courses proposed under this SUP, and the allowance
of the 'Commercial Amusement, Outdoor' land use through the associated site plan would allow
for increase the variety of commercial businesses available to our residents, especially along
IH-35.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends approval of the Specific Use Permit to allow the 'Commercial Amusement, Outdoor'
Staff recommends approval of the Specific Use Permit to allow the 'Commercial Amusement, Outdoor'
land use alonng with the attached site plan, conditioned upon the following:
A building permit is approved within one year of the adoption of the SUP ordinance; and1.
The use begins operation within two years of the issuance of the necessary building permit(s).2.
Attachments
Ordinance 20-S-40
Ordinance 20-S-40 Exhibit A
Aerial Map
Public Hearing Notice Map
Public Hearing Notice Response
ORDINANCE NO. 20-S-40
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO
APPROVE A SPECIFIC USE PERMIT TO ALLOW FOR OPERATION OF A
COMMERCIAL AMUSEMENT OUTDOOR LAND USE AT 18658 INTERSTATE
HIGHWAY 35 NORTH, CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS, ALSO
KNOWN AS WIEDERSTEIN RANCH LOT 1, BLOCK 1.
WHEREAS,an application for Specific Use Permit to allow a Commercial Amusement Outdoor
land use at 18658 Interstate Highway 35 North, more particularly described in Exhibit A attached
hereto and incorporated herein by reference, (hereinafter, the “Property”) has been filed with the
City; and
WHEREAS, the City’s Unified Development Code Section 21.5.11.E. provides for certain
conditions to be considered by the Planning and Zoning Commission in making recommendations
to City Council and by City Council in considering final action on a requested specific use permit
(the “Conditions”); and
WHEREAS, on November 18, 2020, the Planning and Zoning Commission conducted a public
hearing and, after considering the Conditions, hereby makes a recommendation of approval of a
Specific Use Permit for an Commercial Amusement Outdoor land use; and
WHEREAS,on December 1, 2020, the City Council conducted a public hearing and after
considering the Criteria and recommendation by the Planning and Zoning Commission,
determined that the requested Specific Use Permit be approved as provided for herein.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS :
THAT:
Section 1. A Specific Use Permit for 18658 Interstate Highway 35 North,more particularly
described in the attached Exhibit A, is hereby approved to allow a Commercial Amusement
Outdoor land use conditioned upon the following occurring:
a) A building permit is approved within one year of the adoption of this ordinance; and
b) The use begins operation within two years of the issuance of the necessary building
permit(s).
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of
the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent
with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City hereby
declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject matter
of the public business to be considered at such meeting, including this Ordinance, was given, all
as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
Section 8. 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.
Approved on first reading the 1st day of December, 2020.
PASSED, APPROVED AND ADOPTED on final reading the 8
th day of December, 2020.
____________________________________
Ralph Gutierrez, Mayor
ATTEST:
________________________________
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
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TITLE:
DATE:
JURISDICTION:
DRAWING BY:
PROJECT MANAGER:
SHEET NUMBER:
COMMENTS:
SEAL:
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CONTACT:
DATEREVISIONS
ENGINEER:
JOB/FILE NUMBER:
EVO ENTERTAINMENT
GROUP
1290 WONDER WORLD DRIVE
SUITE 1240
SAN MARCUS, TX 78666
o | 214.939.7123
f | 888.765.8135
w | www.fg-inc.net
TBPE Firm No. F-12878
Foresite Group, Inc.
1999 Bryan St.
Suite 890
Dallas, TX 75201
D/B/A Foresite Consulting Group of Texas, Inc.
MITCHELL C. ROBERTS
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CITY OF SCHERTZ
RELEASED FOR CONSTRUCTION
04/25/20181
1075.001
CITY COMMENTS
09/14/20182UTILITY PLAN
10/02/20183RELOCATED DUMPSTER/TRANSFORMER
4 CITY COMMENTS 12/07/2018
SCALE IN FEET
0
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80 40 80 160
PREPARED: NOVEMBER 11, 2020
OWNER/APPLICANT:
EVO ENTERTAINMENT GROUP
ATTN: CHRIS CLINE
500 W. 2ND STREET
AUSTIN, TEXAS 78701
PH: (214) 632-3358
ZONING EXHIBIT
WIEDERSTEIN RANCH
LOT 1; BLOCK 1
NORTHEAST CORNER OF OLD WEIDERSTEIN ROAD AND IH-35
SCHERTZ, TX, 78154
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LAND USE: COMMERCIAL
ZONING: GENERAL BUSINESS (GB)
SUBDIVISION NAME: BUSEY'S
OWNERS NAME: BUSSEY'S LTD
RECORDING INFORMATION: VOLUME: 717; PAGE 727
LAND USE: COMMERCIAL
ZONING: GENERAL BUSINESS (GB)
SUBDIVISION NAME: BUSSEY'S
OWNERS NAME: BUSSEY'S LTD
RECORDING INFORMATION: VOLUME: 717; PAGE 727
LAND USE: EVO ENTERTAINMENT CENTER
ZONING: PLANNED DEVELOPMENT (PDD)
SUBDIVISION NAME: WIEDERSTEIN RANCH
OWNERS NAME: 1290 ENTERTAINMENT, LLC
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EXHIBIT A
ZONING EXHIBIT
11/11/2020
LEGEND
PROPOSED COMMERCIAL
OUTDOOR AMUSEMENTS
LAND USE: VACANT
ZONING: GENERAL BUSINESS (GB)
SUBDIVISION NAME: SAN ANTONIO 1 LTD PARTNERSHIP
OWNERS NAME: SAN ANTONIO 1 LTD PARTNERSHIP
RECORDING INFORMATION: VOLUME: 979; PAGE 478
LAND USE: VACANT
ZONING: GENERAL BUSINESS (GB)
SUBDIVISION NAME: SAN ANTONIO 1 LTD PARTNERSHIP
OWNERS NAME: SAN ANTONIO 1 LTD PARTNERSHIP
RECORDING INFORMATION: VOLUME: 979; PAGE 478
500 W. 2ND STREET
AUSTIN, TX 78701
CHRIS CLINE
TITLE:
DATE:
JURISDICTION:
DRAWING BY:
PROJECT MANAGER:
SHEET NUMBER:
COMMENTS:
SEAL:
DEVELOPER:
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CONTACT:
DATEREVISIONS
ENGINEER:
JOB/FILE NUMBER:
EVO ENTERTAINMENT
GROUP
1290 WONDER WORLD DRIVE
SUITE 1240
SAN MARCUS, TX 78666
MITCHELL C. ROBERTS
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CONTACT:
DATEREVISIONS
ENGINEER:
JOB/FILE NUMBER:
EVO ENTERTAINMENT
GROUP
1290 WONDER WORLD DRIVE
SUITE 1240
SAN MARCUS, TX 78666
MITCHELL C. ROBERTS
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TITLE:
DATE:
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CONTACT:
DATEREVISIONS
ENGINEER:
JOB/FILE NUMBER:
EVO ENTERTAINMENT
GROUP
1290 WONDER WORLD DRIVE
SUITE 1240
SAN MARCUS, TX 78666
MITCHELL C. ROBERTS
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TITLE:
DATE:
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PROJECT MANAGER:
SHEET NUMBER:
COMMENTS:
SEAL:
DEVELOPER:
PR
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CONTACT:
DATEREVISIONS
ENGINEER:
JOB/FILE NUMBER:
EVO ENTERTAINMENT
GROUP
1290 WONDER WORLD DRIVE
SUITE 1240
SAN MARCUS, TX 78666
MITCHELL C. ROBERTS
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1075.001
CITY COMMENTS
L-3
TREE PRESERVATION PLAN
P.J.P.J.P.J.P.J.P.J.P.J.P.J.P.J.P.J.P.J.P.J.P.J.
P.J.P.J.
P.J.P.J.P.J.P.J.P.J.
KEYNOTE A5-01KEYNOTE A5-03
MS-01
MS-02 MS-02 MS-02MS-02 MS-02MS-02MS-02 MS-02 MS-02 MS-02 MS-02MS-02 MS-02 PT-22 MS-02
MS-01 MS-01
MATERIAL CALCULATIONS:
TOTAL WALL AREA :17,070 SF (100%)
MASONRY VENEER :13,595 SF (79%)
PAINTED TILT WALL :3,475 SF (21%)
MS-01 MS-01
$+-
%&
P.J.P.J.P.J.P.J.P.J.P.J.
P.J.P.J.P.J.
FC-01 FC-01 FC-01
PT-21
MS-01
PT-22 MS-02
PT-21
KEYNOTE A5-03
KEYNOTE A5-03
KEYNOTE A5-06 KEYNOTE A5-06 KEYNOTE A5-06 KEYNOTE A5-06
MS-01MS-01 MS-01 MS-01
PT-22
MATERIAL CALCULATIONS:
TOTAL WALL AREA :6,200 SF (100%)
MASONRY VENEER :5,145SF (83%)
PAINTED TILT WALL :1,055 SF (17%)
P.J.P.J.
P.J.P.J.
P.J.P.J.P.J.
P.J.P.J.
FC-01
C.J.P.J.C.J.
PT-21 FC-01 FC-01 PT-22FC-01
PT-22MS-02 MS-02 MS-02
MS-02
MS-02 MS-02
KEYNOTE A5-01
KEYNOTE A5-01 KEYNOTE A5-01
KEYNOTE A5-03
KEYNOTE A5-04 KEYNOTE A5-04
T.O. LOWEST ROOF
GLAZING CALCULATIONS:
TOTAL WALL AREA (TO LOWEST ROOF):12,830 SF
REQUIRED GLAZING (30%):3,849SF
SOUTH ELEV. PROVIDED GLAZING (30%):3,855 SF
MS-02MS-02 MS-02
MS-01 MS-01 MS-01
KEYNOTE A5-03
MATERIAL CALCULATIONS:
TOTAL WALL AREA :12,398 SF (100%)
MASONRY VENEER :6,781SF (55%)
PAINTED TILT WALL :1,885 SF (15%)
FIBER CEMENT PANEL :2,842 SF (23%)
PAINTED STUCCO :890 SF (7%)
KEYNOTE A5-02 KEYNOTE A5-02 KEYNOTE A5-02KEYNOTE A5-02KEYNOTE A5-02 KEYNOTE A5-02
KEYNOTE A5-05 KEYNOTE A5-05
$(+-
%&
P.J.P.J.P.J.
P.J.P.J.P.J.P.J.
P.J.P.J.P.J.
PT-22
MS-02 MS-02MS-02MS-02
PT-22
MS-02
KEYNOTE A5-03
KEYNOTE A5-03
KEYNOTE A5-03
PT-21
KEYNOTE A5-04
KEYNOTE A5-06KEYNOTE A5-06KEYNOTE A5-06KEYNOTE A5-06
MATERIAL CALCULATIONS:
TOTAL WALL AREA :6,720 SF (100%)
MASONRY VENEER :4,570SF (68%)
PAINTED TILT WALL :2,150 SF (32%)
GLAZING CALCULATIONS:
REQUIRED GLAZING :NONE
PROVIDED GLAZING :380 SF
MS-01
01 'P.J.' INDICATES CENTERLINE OF PANEL JOINT PER STRUCTURAL DRAWINGS. CAULK ALL JOINTS.
02 'C.J.' INDICATES CONTROL JOINT BETWEEN DISSIMILAR WALL ASSEMBLIES.
03 SEAL ALL EXTERIOR PENETRATIONS AND JOINTS WITH CAULK TO MATCH ADJACENT WALL COLOR. INTEGRALLY
COLORED CAULK SHALL MATCH ADJACENT WALL COLOR. SUBMIT COLOR SAMPLES TO ARCHITECT TO COORDINATE
COLOR SELECTIONS.
04 EXTEND FINISHES BEHIND ALL SIGNAGE
05 PAINT FACES OF DOORS AND FRAME TO MATCH ADJACENT WALL COLOR.
06 ALL PREFINISHED METAL COPING AND FLASHING TO MATCH PT-21
07 ALL LINES SHOWN NOT CALLED TO BE PANEL OR CONTROL JOINTS ARE REVEALS PER $
A5-01 SIGNAGE SUPPLIED AND INSTALLED BY OWNER'S VENDOR. CONTRACTOR TO PROVIDE POWER AND BLOCKING.
A5-02 FALSE WINDOW PER
A5-03 LED STRIP NEON LIGHTING PER ELECTRICAL DRAWINGS.
A5-04 PAINT ALL EXPOSED FACES OF CANOPY AND TRELLIS STRUCTURE PT-21
A5-05 POSTER CASE PER
A5-06 PREFINISHED METAL CONDUCTOR, DOWNSPOUT AND OVERFLOW TRIM TO MATCH COPING.
$
$
$
ELEVATION_A ELEVATION_B ELEVATION_C
%&
MS-02
FC-01
MS-02
KEYNOTE A5-03
SCREEN PER
VENDOR
P.J.
PT-22
;&;$;(;'
PT-21
5B&21&5(7(
CONCRETE
TILT WALL
UNISTRUT BLOCKING. CUT 1" SHORT
OF EACH SIDE OF POSTER CASE AND
PAINT TO MATCH ADJACENT WALL
UNISTRUT BLOCKING. CUT 1" SHORT
OF EACH SIDE OF POSTER CASE AND
PAINT TO MATCH ADJACENT WALL
POSTER CASE BY VENDOR.
CONTRACTOR TO PROVIDE
BLOCKING AND POWER
PE
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SEALANT
MANUFACTURER'S CLOSURE AS PROVIDED.
IF CLOSURE IS PROVIDED, INSTALL
PREFINISHED METAL CLOSURE WITH DRIP
EDGE. FINISH TO MATCH BUILDING COPING
3(5(/(9$7,21 3(5(/(9$7,21 3(5(/(9$7,21
29(5$//:,'7+3(5'(7$,/
1/4" TEMPERED SPANDRAL GLAZING ADHERED TO
FACE OF TILT WALL. SEAL PERIMETER OF GLAZING
PREFINISHED METAL FRAME. COLOR TO MATCH
STOREFRONT SYSTEM
THIN BRICK VENEER
SEALANT AT
PERIMETER
OF FRAME
$
LIGHT GRAY SPANDRAL GLAZING
PREFINISHED METAL FRAME.
COLOR TO MATCH STOREFRONT.
6+((7180%(5352-(&7180%(5
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
22:1(5(92(QWHUWDLQPHQW*URXS/HH3DUNZD\6XLWH'DOODV7;0LWFKHOO5REHUWVBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
$$5&+,7(&7*6WXGLR&ROODERUDWLYH//&0DLQ6W6XLWH'DOODV7;,DQ0HDQVBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
&&,9,/(1*,1((5%LJ5HG'RJ:+DXVPDQ5G6XLWH6DQ$QWRQLR7H[DV7D\ORU$OOHQBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
66758&785$/(1*,1((5/$)XHVV3DUWQHUV/HH3DUNZD\6XLWH'DOODV7;&DVH\'XQQBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
0(30(3(1*,1((5(QYLURGHVLJQ5DQFK5RDG6RXWK6XLWH&$XVWLQ7;6DP3DWWRQBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
(;7(5,25(/(9$7,216'(7$,/6
$$5$
7%'6&+(57=7(;$6
(92(17(57$,10(17
1/16" = 1'-0"3 NORTH EXTERIOR ELEVATION
1/16" = 1'-0"5 EAST EXTERIOR ELEVATION
1/16" = 1'-0"6 SOUTH EXTERIOR ELEVATION
1/16" = 1'-0"4 WEST EXTERIOR ELEVATION
12" = 1'-0"
GENERAL NOTES
12" = 1'-0"
KEYNOTES2
1 1/16" = 1'-0"7 PATIO EXTERIOR ELEVATIONS
12" = 1'-0"8 REVEAL PROFILES
1" = 1'-0"9 POSTER CASE MOUNTING
3" = 1'-0"1 FALSE WINDOW SECTION
1/4" = 1'-0"2 FALSE WINDOW ELEVATION
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146051HERRMANN AUSTIN ATRUST OF 2010
68324CITY OFSCHERTZ
78029HARTMANN LAND &CATTLE CO LTD
147296SCHERTZ CIBOLOUNIVERSAL CITY ISD 68332WALLECKALICE
68316DENSBERGERHAROLD J
68296DENSBERGERHAROLD J
68294DENSBERGERHAROLD J
68319OTT ELGIN ESTATE
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171722CROMWELL STREET LLC
62840VOIGT M & KLABUNDE MHARTMANN L&C CO LTD
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78049KRAFT EDNAESTATE
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68327CARRILLORON & CLARE
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1
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12" WL
12"WL
12" W
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12" WL
1
2
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12" W
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3
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1
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1
2
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1
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8" WL
2" WL
1
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4 1 Inch = 250 FeetWIEDERSTEIN RANCH
0 250 500 750 1,000125Feet
<all other values>
Highways
Major Roads
Minor Roads
Other Cities
Schertz Gravity
Schertz Pressure
Neighboring Gravity
Private Pressure
200' Buffer
Schertz Municipal Boundary
County Boundaries
U Hydrant
!P Manholes
60' Expansion
60' Proposed
60' Extension
86' Expansion
86' Extension
86' Proposed
120' Expansion
120 ' Extension
120' Proposed
Abandoned
Future TxDOT
Highway
1", 1 1/2"
2", 2 1/2"
3"
4"
6"
8"
10"
12"
16"
18"
g Unknown
Neighboring Main
Private Main
20"
24"
30"
36"
IH 3 5 N
(6 8 3 1 4)
IH 35 N(68313)
18738IH 35 N(68170)
18738IH 35 N(68174)
18658IH 35 N(171720)
CIBOLO
VALLEY DR
IH 35 N RAMP
I H 3 5 N A C C E S S R D
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1
8
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5
IH
35
N
IH 35 N
D E N -O T T H I L L
4200' Notification Buffer Parcel Boundaries
0 450 900 1,350 1,800225Feet
City of SchertzWIEDERSTEIN RANCHLast Update: November 4, 2020
“The City of Schertz provides this Geographic Information System product "as is" without any express or impliedwarranty of any kind including but not limited to the implied warranties of merchantability and fitness for a particular purpose.In no event shall The City of Schertz be liable for any special, indirect or consequential damages or any damages whatsoever arising out of or in connectionwith the use of or performance of these materials. Information published in this product could include technical inaccuracies or typographical errors. Periodicalchanges may be made and information may be added to the information herein. The City of Schertz may make improvements and/or changes in the product(s)described herein at any time.”
City of Schertz, GIS Specialist: Bill Gardner, gis@schertz.com (210) 619-1185
Agenda No. 5.
CITY COUNCIL MEMORANDUM
City Council
Meeting:December 8, 2020
Department:Executive Team
Subject:Resolution No. 20-R-142 - Consideration and/or action approving a Resolution by the City
Council of the City of Schertz, Texas approving a request for a Schertz Main Street Local
Flavor Economic Development Grant for 530 and 534 Main Street. (M. Browne/B. James)
BACKGROUND
The owner of the properties at 530 and 534 Main Street is applying for a Local Flavor Grant. 534 Main
Street is the location of Sue's Stitch N Sew. The adjacent property, 530 Main Street is used as a
residence and storage/overflow display space for Sue's Stitch N Sew. The owner is proposing to
continue to the tubular steel fencing that presently exists across the front of the properties, along
Main Street, along part of the east and south sides. Initially, the applicant was also proposing fencing
along the entire east side, but given that fencing is being installed as part of the agreement the City has
to buy the property to the east (the location of the new parking lot) the applicant is modifying the
request. The initial estimate of the cost of the fence was $10,200. The cost will be less, as a result of the
change in scope of the project. However, the applicant is also requesting approval of grant funds to
reface the existing signage. As such staff is requesting approval of grant funds for work up to to $10,200
(50% match of $5,100) for both the fencing and signage. These fall under the site improvement and
signage categories of the Local Flavor Grant.
Staff does want to note that while both properties are zoned GB - General Business, the property at 530
Main has a Homestead exemption given the residential use. Local Flavor Grants are normally only for
commercial properties. However, the primary structure has been used in the past as both a residence and
excess storage/display space for Sue's Stitch N Sew. Additionally, an SUP was approved in 2002 for a
small living addition at the rear of the business. The cost of the fencing is only estimated to be
approximately 20% of the initial fence cost. As such, staff feels the situation meets the intent of the
Local Flavor Grant Program.
GOAL
Promote and enhance commercial activity along Main Street to promote the economic, cultural and
general welfare of the public. The area around Main Street in Schertz once served as the commercial
and social hub of the community. The City seeks to improve the image of the area around Main Street
through the inducement of public money to promote local economic development and stimulate
business and commercial activities in the City.
COMMUNITY BENEFIT
Encourage the attraction of small businesses that will create local charm and help develop a sense of
place in and around Main Street. Promote commercial development. Stabilize and improve property
values. Foster civic pride. Strengthen the economy of the City by protecting and enhancing the
attractiveness of the Main Street area to residents and visitors, as well as provide support of local
businesses.
SUMMARY OF RECOMMENDED ACTION
Staff recommends approval of Resolution 20-R-142 approving a Schertz Main Street Local Flavor
Economic Development Grant for up to $5,100 for 530/534 Main.
FISCAL IMPACT
Up to $5,100 for the grant.
RECOMMENDATION
Approval of Resolution 20-R-142.
Attachments
Photos 530 and 534 Main
Res 20 R 142
Funding Agreement
534 Main
530 Main
RESOLUTION NO. 20-R-142
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING A REQUEST FOR A SCHERTZ MAIN
STREET LOCAL FLAVOR ECONOMIC DEVELOMENT GRANT FOR
530/534 MAIN STREET IN THE CITY OF SCHERTZ, TEXAS, AND
RELATED MATTERS IN CONNECTION THEREWITH
WHEREAS, The City of Schertz desires to protect, enhance, and preserve the historic resources
and landmarks which represent distinctive elements of Schertz’ historic, architectural, economic,
cultural, and social heritage by providing property owners and incentive for protecting their
property; and
WHEREAS, the City of Schertz desires to encourage the attraction of small businesses that will
create local charm and help develop a sense of place in and around Main Street;
WHEREAS, the City of Schertz desires to stabilize and improve property values; and
WHEREAS, Foster civic pride in the beauty and accomplishments of the past, and to promote
the use of the historic structures for the culture, education, and general welfare of residents; and
WHEREAS, Strengthen the economy of the city by protecting and enhancing the attractiveness
of the Main Street area to residents and visitors, as well as provide support and stimulus to
businesses.
WHEREAS, the City Council approved the Schertz Main Street Local Flavor Economic
Development Grant;
WHEREAS, staff is in support of this program and recommended approval of the grant request
for 530/534 Main Street for up to $5,100;
NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1.The City Council hereby approves the Schertz Main Street Local Flavor
Economic Development Grant request for 530/534 Main Street subject to the approved criteria of
the program and execution of a funding agreement generally as outlined in Exhibit “A”.
Section 2.The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3.All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4.This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5.If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6.It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7.This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 8th day of December, 2020.
CITY OF SCHERTZ, TEXAS
____________________________________
Ralph Gutierrez, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
Exhibit A
STATE OF TEXAS §
§
COUNTY OF BEXAR §
SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOPMENT PROGRAM
FUNDING BETWEEN THE CITY OF TEXAS AND
__Sue Ann Cherrine FOR OF HOTEL OCCUPANCY
This Hotel Tax Funding Agreement (AGREEMENT) is made and entered into by and between the City of
Schertz, Texas (CITY) and Sue Ann Cherrine, (ENTITY).
WHEREAS,the ENTITY has developed a proposal to
Additional decorative fencing and signage for the properties at 530 and 534 Main Street (the “Project”);
and
WHEREAS, Section 380.001 of the Texas Local Government Code, as amended, allows the
governing body of a municipality to establish and provide for the administration of one or more
programs to promote state and local economic development and to stimulate business and
commercial activity in the municipality; and
WHEREAS, the Schertz Main Street Local Flavor Economic Development Program is
intended to encourage and expansion and attract small businesses that create local charm and help
develop a sense of place in and around Main Street, promote commercial development, stabilize and
improve property values, foster civic pride, and protect and enhance the attractiveness of the Main
Street area to residents and visitors; and
WHEREAS, funding for the Schertz Main Street Local Flavor Economic Development
Program will be provided annually through the City’s General Fund; and
WHEREAS, the Schertz Main Street Local Flavor Economic Development Program will
enhance other city efforts to improve, beautify, and promote economic development in the Main
Street area.
WHEREAS, the area around Main Street in Schertz once served as commercial and social hub of
the community; and
WHEREAS, the City seeks to improve the image of the area around Main Street through
restoration and rehabilitation of structures in the Main Street area to serve as a commercial, social, cultural
and tourism hub of the City; and
WHEREAS, the City Council of the City of Schertz desires to provide funds to _Sue Ann Cherrine
(ENTITY).
NOW,it is mutually agreed by and between the CITY and ENTITY as follows:
GENERAL V S NS
Section 1. The purpose of this Agreement is to provide funding to the ENTITY for the
project identified in the attached Exhibit “A” (the “Project”), the intent of which is to promote state and
local economic development and to stimulate business and commercial activity in the municipality to
encourage and expansion and attract small businesses that create local charm and help develop a sense of
place in and around Main Street, promote commercial development, stabilize and improve property values,
foster civic pride, and protect and enhance the attractiveness of the Main Street area to residents and visitors.
Section 2. Obligation of the The ENTITY shall use all of the awarded funds provided
by the CITY in accordance with Chapter 351 of the Texas Tax Code, the ENTITY’S fundingapplication,
and the attached Exhibit “A”.
Section 3.of the The ENTITY shall deliver a detailed
accounting of the expenditures for the Project within thirty (30) days after completion of the Project (the
“Post Event Report”). The Post Event Report shall include copies of receipts and other documents
establishing the expenditures for the project. The CITY shall not make reimbursements for
expenditures where no receipt or invoice is provided. Partial or incomplete reports will not be accepted.
Section 4. of Payment. Subject to the ENTITY’S satisfactory performance and
compliance with the terms of this AGREEMENT, the CITY agrees to pay the ENTITY up to fifty percent
(50%) of the Project. The Project is estimated to be up to $_10,200.00_ and fifty percent of which is
$_5,100.00 Payment will be made within forty-five (45) days of acceptance of the complete Post Event
Report. Partial or incomplete reports will not be accepted. Only expenditures that meet Chapter 351 of the
Tax Code and this AGREEMENT shall be reimbursed.
Section 5. Appeal ocess. Any ENTITY wishing to appeal the decision of the CITY must present
their appeal in writing within ten (10) business days of funding denial.
Section 6. Rights. The City of Schertz has the right, at any time, to inspect the books or
records of the ENTITY that may relate to performance of this AGREEMENT. The CITY, at its sole
expenses, has the right to conduct an audit of the ENTITY or Project.
Section 7. The AGREEMENT shall become effective as of the date entered below.
The AGREEMENT shall terminate one year from its effective date or once the terms have been met,
whichever occurs first.
Section 8.The ENTITY agrees to defend, indemnify and hold harmless the
CITY, its officers, agents and employees, against any and all claims, lawsuits, judgments, cause of action,
costs and expenses for personal injury (including death), property damage or other harm for which recovery
of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the
ENTITY’s breach of any of the terms or provisions of this AGREEMENT, or by any negligent act or
omission of the ENTITY, its officers, agents, servants, employees, contractors, or subcontractors, in the
performance of this AGREEMENT; except that the indemnity provided for in this paragraph shall not apply
to any liability resulting from the sole negligence of the CITY, its officers, agents, employees or separate
contractors, and in the event of joint and concurrent negligence of both the ENTITY and the CITY under
Texas law and without waiving any defenses of the parties under Texas law. The provisions of this
paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights,
contractual or otherwise, to any other person or entity. Both parties expresslyagree that this AGREEMENT
does not assign any responsibility for civil liability to the City of Schertz that may arise by virtue of this
AGREEMENT.
Section 9.A party may terminate this AGREEMENT in whole or in part if the
other party fails to comply with a term of the AGREEMENT, including the inability of the ENTITY to
conform to any change required by federal, state or local laws or regulations; or for the convenience of
either party. The terminating party shall provide written notification to the other party of the decision to
terminate this AGREEMENT within thirty (30) days before the effective date of termination. A party
may terminate the AGREEMENT for breach of any provision of this AGREEMENT, upon
written notice of the breach and the breaching party shall have ten (10) days after receipt of the written
notice in which to cure the breach to the satisfaction of the non-breaching party.
Section 10. Notice. All notices required or permitted under this AGREEMENT shall be in
writing and shall be delivered in person or mailed as follows:
to the CITY at:
City of Schertz
Attention: City Manager
1400 Schertz Parkway
Schertz, TX 78154
(210) 619-1000
To ________________________
Attention: __________________
__________________________
__________________________
S AN US
Section 11.ee e . This AGREEMENT constitutes the entire agreement of the
parties regarding the subject matter contained herein. The parties may not modify or amend this
AGREEMENT, except by written agreement approved by the governing bodies of each party and duly
executed by both parties.
Section 12. A ov l. This AGREEMENT has been duly and properly approved by each
party’s governing body and constitutes a binding obligation on each party.
Section 13. Assignment. Except as otherwise provided in this AGREEMENT, a party may not
assign this AGREEMENT or subcontract the performance of services without first obtaining the written
consent of the other party.
Section 14. No -ive . Aparty’s failure ordelay to exercise rightor remedy does not constitute
a waiver of the right or remedy. An exercise of a right or remedy under this AGREEMENT does not
preclude the exercise of another right or remedy. Rights and remedies under this AGREEMENT are
cumulative and are not exclusive of other rights or remedies provided by law.
Section 15. Headings. The various paragraphheadingsare inserted for convenience ofreference
only, and shall not affect the meaning or interpretation of this AGREEMENT or any section thereof.
Section 16. fees. In any lawsuit concerning this AGREEMENT, the prevailing party
shall be entitled to recover reasonable attorney’s fees from the nonprevailing party, plus all out-of-pocket
expense such as deposition costs, telephone, calls,travel expenses, expertwitness fees, court costs, and their
reasonable expenses, unless otherwise prohibited by law.
Section 17. Seve ili y. The parties agree that in the event any provision of this
AGREEMENT is declared invalid by a court of competent jurisdiction that part of the AGREEMENT is
severable and the decree shall not affect the remainder of the AGREEMENT. The remainder of the
AGREEMENT shall be in full force and effect.
Section 18.Venue. Thepartiesagreethat all disputesthatariseof thisAGREEMENTare governed
by the laws of the State of Texas and venue for all purposes herewith shall be in Milam County, Texas.
Section 19.of The ENTITY agrees to provide a certificate of insurance
for liability and worker’s compensation insurance or letter of self-insurance on its letterhead indicating
its self-insured status before any event awarded funding under this AGREEMENT. The cost of the
insurance herein mentioned to be secured and maintained by the ENTITY shall be borne solely by the
ENTITY.
IN WITNESS the CITY and ENTITY make and execute this
AGREEMENT to be effective this day of , 20 .
CITY OF TEXAS
City Manager
ATTEST:
________________________________________
City Secretary
PAGE 5 OF 5
EXHIBIT
[Describe the project to be performed
Agenda No. 6.
CITY COUNCIL MEMORANDUM
City Council
Meeting:December 8, 2020
Department:Executive Team
Subject:Resolution No. R-20-143 - Consideration and/action approving a Resolution by the
City Council of the City of Schertz, Texas authorizing the acquisition of Lot 1,
Block 50 of the Live Oak Hills Addition. (M. Browne/B. James)
BACKGROUND
In 2018, the City acquired 37 lots in the Live Oak Hills Addition from LCRA for $3,700 to provide land
for construction of the hike and bike trail related to the Pedestrian and Bike Lanes Project. These lots
are almost entirely encumbered by the electrical transmission easements held by CPS, LCRA, and
GVEC. Council authorized the construction contract for the hike and bike trail at the December 1, 2020
meeting.
The Live Oak Hills Subdivision is a legally platted subdivision that was filed in 1963, prior to the
property being annexed by the City of Schertz in 1984. When the subdivision was platted, while in
Guadalupe County, the public infrastructure improvements (streets, water and sewer) were not installed
to serve the lots. This is commonly referred to as a "paper subdivision." Freeway Manor is also a "paper
subdivision."
The owner of the property, LMC Properties, approached the City about accursing it from them. Given
that it is adjacen to the lots the City already owns, the property owner is willing to sell the lot for $100
plus closing costs and the challenges in private owners developing lots in Live Oak Hills, staff is
recommending the City acquire it. This additional land, that is not encumbered by easements could be
used for amenities associated with the hike and bike trail.
GOAL
Acquire additional property adjacent to the land acquired by the City from LCRA in 2018 that was
acquired to provide for the hike and bike trail construction from Schertz Parkway to Wiederstein Road.
COMMUNITY BENEFIT
Provides more area of City owned land adjacent to the future hike and bike trail, the contract for the
construction of which was awarded on December 1, 2020. This land will provide space to potentially
add amenities. Additionally, it removes a parcel of land in the Live Oak Hills Subdivision from private
ownership where development is hampered by a lack of infrastructure.
SUMMARY OF RECOMMENDED ACTION
Approval of Resolution 20-R-143 authorizing the City Manager to acquire Lot 1, Block 50 of the Live
Oaks Hills Addition.
FISCAL IMPACT
The purchase price for the property is $100.00.The City paid $100.00 per parcel as part of the purchase
of lots from LCRA in 2018. Additionally, the City agrees to pay closing costs.
RECOMMENDATION
Approval of Resolution 20-R-143.
Attachments
Res 20 R 143
Exhibit
Agenda No. 7.
CITY COUNCIL MEMORANDUM
City Council
Meeting:December 8, 2020
Department:Public Works
Subject:Resolution 20-R-138 - Consideration and/or action approving a Resolution by the
City Council of the City of Schertz, Texas authorizing an extension of the
agreement for Management Services between the City of Schertz and the
Schertz/Seguin Local Government Corporation (SSLGC) and other matters in
connection therewith.
BACKGROUND
BACKGROUND
SSLGC, the City of Schertz, and the City of Seguin worked to make substantial changes to the
Agreement for Management Services between SSLGC, the City of Schertz, and the City of Seguin.
These changes are a result of the continued transition of SSLGC to a single entity that functions more
autonomously from the Corporation’s owner cities (Schertz and Seguin). The revised agreement was
presented and approved at the August 20, 2020, SSLGC monthly board meeting by the Board of
Directors. After the initial SSLGC board approval, the City of Schertz' attorney recommended
modifications to the agreement, including the agreement's structure, to address liability concerns related
to protecting the City in regard to labor laws. Further, there are concerns that in the new agreement,
Schertz is ceding too much employment authority to SSLGC while still retaining full liability for the
General Manager and Assistant General Manager for which the City of Schertz is the employer of
record for these two positions.
At the SSLGC monthly board meeting on September 17, 2020, the SSLGC Board of Directors
rescinded their prior approval of the MSA presented and accepted an extension of the current
Management Services Agreement with the City of Schertz through December 31, 2020. Then, at the
SSLGC monthly board meeting on November 19, 2020, the SSLGC Board of Directors excepted an
additional extension to the current Management Services Agreement extending to January 31,
2021.During this extension period, the SSLGC Executive Committee will work through further
modifications to the management services agreements related to SSLGC.
Services provided under this MSA are subject to oversight by the SSLGC Board, SSLGC General
Manager, and City Management.
Term of the agreement is January 1, 2021, through January 31, 2021, unless otherwise renewed or
extended at the discretion of both parties
GOAL
GOAL
To extend the Management Services Agreement.
COMMUNITY BENEFIT
COMMUNITY BENEFIT
In addition to helping ensure SSLGC maintains compliance with state/local law, through this MSA,
Schertz is controlling costs which would impact tax rates and fees passed along to Schertz Residents, as
well as maintaining our partnership with SSLGC
SUMMARY OF RECOMMENDED ACTION
SUMMARY OF RECOMMENDED ACTION
Staff recommends council approve Resolution 20-R-138
FISCAL IMPACT
FISCAL IMPACT
This agreement has no direct cost
RECOMMENDATION
RECOMMENDATION
Staff recommends council approve Resolution 20-R-138
Attachments
Resolution 20-R-138
MSA Extension
SSLGC Resolution R-20-19
RESOLUTIONNO. 20-R-138
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN EXTENSION OF THE AGREEMENT FOR
MANAGEMENT SERVICES BETWEEN THE CITY OF SCHERTZ AND
THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION,
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the “City”) and the Schertz/Seguin Local
Government (“SSLGC”) have determined that the SSLGC requires management services relating
to managing the daily operations of the SSLGC; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
extend the contract with SSLGC pursuant to the Agreement for Management Services Between
the City of Schertz and the Schertz/Seguin Local Government Corporation attached hereto as
Exhibit A (the “Agreement”).
THAT:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section 1.TheCityCouncilherebyauthorizestheCityManagerto extendanddeliver
the Agreement with SSLGC in substantiallythe form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolutionshall be andremain controllingas to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the laws
of the Stateof Texas and the UnitedStates of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City Council
herebydeclaresthat this Resolution wouldhave been enacted withoutsuch invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adoptedwas open to the public and public noticeof the time, place, and subject
50677064.1
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas GovernmentCode, as amended.
Section 7.This Resolutionshall bein forceand effect from and afterits final passage,
and it is so resolved.
PASSED AND ADOPTED, this 8th day of December, 2020.
CITYOF SCHERTZ, TEXAS
Ralph Gutierrez,Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITYSEAL)
A-150677064.1
EXHIBIT A
AGREEMENT FOR MANAGEMENT SERVICES BETWEENTHE CITY OF
SCHERTZ AND THE SCHERTZ/SEGUINLOCAL GOVERNMENT CORPORATION
Agenda No. 8.
CITY COUNCIL MEMORANDUM
City Council
Meeting:December 8, 2020
Department:Public Works
Subject:Resolution 20-R-48 - Consideration and/or action approving a Resolution by the City
Council of the City of Schertz Texas approving a Standard Utility Agreement
with the Texas Department of Transportation relating to the relocation of a
segment of sewer main near the intersection of IH-35 and FM 1103. (C. Kelm/S.
Williams/S. McClelland)
BACKGROUND
The Texas Department of Transportation (TxDOT) has two projects near the intersection of IH-35 and
FM 1103. The first project, which has been completed, was the reconstruction and widening of the FM
1103 bridge over IH-35. The second project is the FM 1103 expansion project which is widening FM
1103 from IH-35 through Schertz and Cibolo. The City of Schertz was required to relocate segments of
water and sewer main along FM 1103 in order to accommodate both projects. The sewer main
relocation was required due to the bridge widening and associated lane additions at the frontage road
intersection. The new sewer main was completed in late spring of 2020. Because the utility relocation
was caused by an Interstate Highway Project, the relocation is 100% reimbursable by TxDOT. City
Staff has worked with the TxDOT Utility Division to capture all the eligible costs associated with the
sewer relocation. Once the Standard Utility Agreement is executed the City can submit for
reimbursement by TxDOT.
GOAL
To obtain authorization from City Council to allow the City Manager to sign a Standard Utility
Agreement with TxDOT for the reimbursement of funds spent relocating a section of sewer main
near IH-35 and FM 1103.
COMMUNITY BENEFIT
Because the sewer main relocation was done to accommodate an Interstate Highway Project, the cost of
the relocation is eligible for 100% reimbursement.
SUMMARY OF RECOMMENDED ACTION
Approval of Resolution 20-R-48 authorizing the City Manager to sign a Standard Utility Agreement
with TxDOT.
FISCAL IMPACT
The Standard Utility Agreement will allow the City to request reimbursement on approximately
$225,000 of expenses paid by the City to complete the relocation of the sewer main.
RECOMMENDATION
Approval of Resolution 20-R-48 authorizing the City Manager to sign a Standard Utility Agreement
Approval of Resolution 20-R-48 authorizing the City Manager to sign a Standard Utility Agreement
with TxDOT for the reimbursement of funds spent relocating a section of sewer main near IH-35 and
FM 1103.
Attachments
Resolution
Draft Standard Utility Agreement
RESOLUTION NO. 20-R-48
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS APPROVING A STANDARD UTILITY AGREEMENT WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO THE
RELOCATION OF A SEGMENT OF SEWER MAIN NEAR THE
INTERSECTION OF IH-35 AND FM 1103 AND ALL MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City of Schertz (the “City”) was required to relocate existing sewer main
facilities within the Texas Department of Transportation (TxDOT) right-of-way to accommodate
the reconstruction of the FM 1103 bridge over IH-35; and
WHEREAS, the City is eligible for reimbursement of all project costs associated with the
sewer main relocation through a Standard Utility Agreement with TxDOT; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
seek reimbursement of all eligible costs from TxDOT, pursuant to the Standard Utility Agreement
attached hereto as Exhibit A (the “Agreement”).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and deliver
the Standard Utility Agreement with TxDOT, in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City Council
hereby declares that this Resolution would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
PASSED AND ADOPTED, this 8st day of December, 2020.
CITY OF SCHERTZ, TEXAS
Ralph Gutierrez, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
50506887.1
EXHIBIT A
TXDOT STANDARD UTILITY AGREEMENT
50506887.1 A-1
Form ROW -U-35
(Rev. 08/19)
Page 1
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
STANDARD UTILITY AGREEMENT
U-Number: U***** Project ID # A********
District: San Antonio County: Comal
Federal Project No.: NH 2019 (797) Highway: IH 35
ROW CSJ: 0016-05-*** From: At FM 1103
Highway Project Letting Date: 03/2017
To:
This Agreement by and between the State of Texas, acting by and through the Texas Transportation Commission,
(“State”), and City of Schertz - Sewer, (“Utility”), acting by and through its duly authorized representative, shall be
effective on the date of approval and execution by and on behalf of the State.
WHEREAS, the State has deemed it necessary to make certain highway improvements as designated by the State
and approved by the Federal Highway Administration within the limits of the highway as indicated above (the
“Highway Project”);
WHEREAS, the proposed Highway Project will necessitate the adjustment, removal, and/or relocation of certain
facilities of the Utility as indicated in the following statement of work: Relocate approximately 605 L.F. of 8-inch
Sanitary Swewr, install 4 precast Manholes, 21.96 V.F. of precast Manholes (extra depth), reconstruct 2 manholes,
abandon 582.1 L.F. of 8 inch sewer main, remove 3 sewer Manholes, 645.28 L.F. of trench excavation saefty
protection, 50 L.F. of Steel casing (18in) (open cut), 32 L.F. of water pipe (PVC) (12 IN) (open cut). 19.4 C.Y. of
flowable fill, In addition adjust 32 feet of 12" water main due to conflict with the proposed 8 inch sanitay sewer main.;
and more specifically as shown in the Utility’s plans, specifications and estimated costs, which are attached hereto
as Attachment “A”.
WHEREAS, the State will participate in the costs of the adjustment, removal, and relocation of certain facilities to
the extent as may be eligible for State and/or Federal participation.
WHEREAS, the State, upon receipt of evidence it deems sufficient, acknowledges the Utility’s interest in certain
lands and facilities that entitle it to reimbursement for the adjustment, removal, and relocation of certain of its
facilities located upon the lands as indicated in the statement of work above.
NOW, THEREFORE, BE IT AGREED:
The State will pay to the Utility the costs incurred in adjustment, removal, and relocation of the Utility’s facilities
up to the amount said costs may be eligible for State participation.
All conduct under this agreement, including but not limited to the adjustment, removal, and relocation of the facility,
the development and reimbursement of costs, any environmental requirements, and retention of records will be in
accordance with all applicable federal and state laws, rules and regulations, including, without limitation, the Federal
Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. §§ 4601, et seq., the National
Environmental Policy Act, 42 U.S.C. §§ 4321, et seq., the Buy America provisions of 23 U.S.C. § 313 and 23 CFR
635.410, as amended, Texas Transportation Code § 223.045, the Utility Relocations, Adjustments, and
Reimbursements provisions of 23 CFR 645, Subpart A, and the Utility Accommodation provisions of 23 CFR 645,
Subpart B.
The Utility shall supply, upon request by the State, proof of compliance with the aforementioned laws, rules,
regulations, and guidelines prior to the commencement of the adjustment, removal, and relocation of the facility.
Form ROW -U-35
(Rev. 08/19)
Page 2
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
The Utility shall not commence any physical work, including without limitation site preparation, on the State’s right
of way or future right of way, until TxDOT provides the Utility with written authorization to proceed with the physical
work upon TxDOT’s completion and clearance of its environmental review of the Highway Project. Any such work
by the Utility prior to TxDOT’s written authorization to proceed will not be eligible for reimbursement and the Utility
is responsible for entering any property within the proposed limits of the Highway Project that has not yet been
acquired by TxDOT. This written authorization to proceed with the physical work is in addition to the authorization
to commence work outlined below. Notwithstanding the foregoing, the provisions of this paragraph are required
only when TxDOT has not obtained completion and clearance of its environmental review of the Highway Project
prior to the execution of this Agreement by the State and the Utility.
The Utility shall comply with the Buy America provisions of 23 U.S.C. § 313, 23 CFR 635.410, as amended, and
the Steel and Iron Preference provisions of Texas Transportation Code § 223.045 and, when products that are
composed predominately of steel and/or iron are incorporated into the permanent installation of the utility facility,
use domestically manufactured products. TxDOT Form 1818 (Material Statement), along with all required
attachments, must be submitted, prior to the commencement of the adjustment, removal, and relocation of the
facility, as evidence of compliance with the aforementioned provisions. Failure to submit the required documentation
or to comply with the Buy America, and Steel and Iron Preference requirements shall result in: (1) the Utility
becoming ineligible to receive any contract or subcontract made with funds authorized under the Intermodal Surface
Transportation Efficiency Act of 1991; (2) the State withholding reimbursement for the costs incurred by the Utility
in the adjustment, removal, and relocation of the Utility’s facilities; and (3) removal and replacement of the non-
compliant products.
The Utility agrees to develop relocation or adjustment costs by accumulating actual direct and related indirect costs
in accordance with a work order accounting procedure prescribed by the State, or may, with the State’s approval,
accumulate actual direct and related indirect costs in accordance with an established accounting procedure
developed by the Utility. Bills for work hereunder are to be submitted to the State not later than one (1) year after
completion of the work. Failure to submit the request for final payment, in addition to all supporting documentation,
within one (1) year after completion of the work may result in forfeiture of payment for said work.
When requested, the State will make intermediate payments at not less than monthly intervals to the Utility when
properly billed. Such payments will not exceed 90 percent (90%) of the eligible cost as shown in each such billing.
Intermediate payments shall not be construed as final payment for any items included in the intermediate payment.
The State will, upon satisfactory completion of the adjustment, removal, and/or relocation and upon receipt of final
billing prepared in an approved form and manner and accounting for any intermediate payments, make payment in
the amount of 90 percent (90%) of the eligible costs as shown in the final billing prior to audit and after such audit
shall make an additional final payment totaling the reimbursement amount found eligible for State reimbursement.
Alternatively, the State agrees to pay the Utility an agreed lump sum of $N/A as supported by the attached
estimated costs. The State will, upon satisfactory completion of the adjustments, removals, and relocations and
upon receipt of a final billing, make payment to the Utility in the agreed amount.
Upon execution of this agreement by both parties hereto, the State will, by written notice, authorize the Utility to
perform such work diligently and to conclude said adjustment, removal, and relocation by the stated completion
date which is attached hereto in Attachment “C”. The completion date shall be extended for delays caused by
events outside the Utility’s control, including an event of Force Majeure, which shall include a strike, war or act of
war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood
or other act of God, sabotage, or other events, interference by the State or any other party with the Utility’s ability
to proceed with the work, or any other event in which the Utility has exercised all due care in the prevention thereof
so that the causes of other events are beyond the control and without the fault or negligence of the Utility.
This agreement in its entirety consists of the following elements:
Standard Utility Agreement – ROW -U-35;
• Plans, Specifications, and Estimated Costs (Attachment “A”);
• Accounting Method (Attachment “B”);
Form ROW -U-35
(Rev. 08/19)
Page 3
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
• Schedule of Work (Attachment “C”);
• Statement Covering Contract Work – ROW -U-48 (Attachment “D”);
• Utility Joint Use Acknowledgment – ROW -U-JUAA and/or Utility Installation Request – Form 1082
(Attachment “E”);
• Eligibility Ratio (Attachment “F”);
• Betterment Calculation and Estimate (Attachment “G”); and
• Proof of Property Interest – ROW -U-1A, ROW -U-1B, or ROW -U-1C (Attachment “H”).
All attachments are included herein as if fully set forth. In the event it is determined that a substantial change from
the statement of work contained in this agreement is required, reimbursement therefore shall be limited to costs
covered by a modification or amendment of this agreement or a written change or extra work order approved by the
State and the Utility.
This agreement is subject to cancellation by the State at any time up to the date that work under this agreement
has been authorized, and such cancellation will not create any liability on the part of the State. However, the State
will review and reimburse the Utility for eligible costs incurred by the Utility in preparation of this Agreement.
The State Auditor may conduct an audit or investigation of any entity receiving funds from the State directly under
this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract
or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under
the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with access to any information
the state auditor considers relevant to the investigation or audit.
The Utility by execution of this agreement does not waive any of the rights that the Utility may have within the
limits of the law.
It is expressly understood that the Utility conducts the adjustment, removal, and relocation at its own risk, and that
the State makes no warranties or representations regarding the existence or location of utilities currently within its
right of way.
Form ROW -U-35
(Rev. 08/19)
Page 4
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the
party represented.
UTILITY EXECUTION RECOMMENDED:
Utility: City of Schertz - Sewer
Name of Utility Director of TP&D (or designee), San Antonio District
By:
Authorized Signature
THE STATE OF TEXAS
Executed and approved for the Texas
Transportation Commission for the purpose
and effect of activating and/or carrying out the
orders, established policies or work programs
heretofore approved and authorized by the
Texas Transportation Commission.
Mark Browne
Print or Type Name
Title: City Manager
Date:
By:
District Engineer (or designee)
Date:
Form ROW -U-35
(Rev. 08/19)
Page 5
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “A”
Plans, Specifications, and Estimated Costs
All material items that must meet Buy America or Steel and Iron Preference Provision
requirements must be indicated with an asterisk (*).
0+00
1+00
2+00 3+00
4+0
0
RECONSTRUCT EXIST SAN SWR MH (1) (CONE & RISER)
STA 1+00.00 O/S 0.0
TIE TO EXIT MH
S54° 30' 02.78"W
100.0'
S43° 02
'
0
5
.
8
6
"
W
79.5'
S59° 09' 05.91"W
209.5'
STA 1+78.96 O/S 1.9
NEW MH - (2)
(WATERTIGHT)
STA 3+85.52 O/S 3.4
NEW MH - (3)
(WATERTIGHT)
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78.98 LF 8" PVC SAN SWR @ 0.50%
206.01 LF 8" PVC SAN SWR @ 0.82%
101.77 LF 8" PVC SAN SWR @ 0.41%
ST
A
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INV EL: 773.29 INV EL: 773.66
INV EL: 774.51
INV EL: 776.16 INV EL: 776.28
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94904
S T A T E O F T E
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PROJECT NO. 1124.9211
2-6-2019
20 29
1
20
1
9
-
1
2
-
1
7
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A
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L
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S
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W
N
0000000
SCALE: 1" = 20'
20 40
HORIZONTAL SCALE :
VERTICAL SCALE :
1" =
1" =
EX
I
S
T
G
R
O
U
N
D
SE
W
E
R
F
L
O
W
L
I
N
E
EL
E
V
A
T
I
O
N
:
0+00 0+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00 4+50 5+00
760
765
770
775
780
785
790
795
800 800
795
790
785
780
775
770
765
760
20'
10'
EXIST GROUND @ SAN SWR
1.1'
M
A
T
C
H
L
I
N
E
S
T
A
4
+
5
0
MA
T
C
H
L
I
N
E
S
T
A
4+
5
0
EXIST 8" SAN SWR
TO BE ABANDONED
NEW 8" PVC SAN SWR
NEW 8"
P
V
C
S
A
N
S
W
R
EXIST FIRE HYDRANT EXIST 12" AC WL
ROW
EXIST WIRE FENCE
EXIST EOP
29.4'
7.2'
168.5°
163.9°
12.8'
16.5'
11.4'6.8'
LIB HOLDINGS, LTD.
10.881 ACRES TRACT 4,
VOL. 2254, PG. 637
20.4'
REMOVE SAN SWR MH
14.5'
2.0'
IH-35 NBFR
(TXDOT ROW)
CAUTION:WL CROSSING
CENTER ONE LENGTH
OF PRESSURE RATE (150
PSI, MIN) PIPE ON WL
11.0'
11.4'
PROP
SW
EXIST EOP
PROP EOP
N: 13778209.63
E: 2210968.68
TIE TO EXIST MH
(NO SEPARATE PAY ITEM)
NEW WL
SEE SHT 8
LEGEND
SANITARY SEWER LINE
SANITARY SEWER MANHOLE
WATER LINE
WATER VALVE
FIREHYDRANT
WATER METER
UNDERGROUND ELECTRIC LINE
UNDERGROUND TELEPHONE LINE
TELEPHONE PEDESTAL
MAILBOX
SIGN
LIGHT STANDARD
BARBED WIRE FENCE
CHAIN LINK FENCE
WOOD FENCE
*15 RESTRAINED PIPE LENGTH
REMOVE AND REPLACE
ASPHALT PAVEMENT
EOP EDGE OF PAVEMENT
NEW 8" PVC SAN SWR
EXIST FIBER
EXIST 12" WL
EXIST TELE
QUANTITY TABLE
ITEM NO. DESCRIPTION UNIT QUANTITY
01740 Site Restoration (Utility Construction)lf 350.87
02082 Precast Manholes (0--6ft deep)ea 2
02082 Precast Manholes (extra depth)vf 9.96
02086 Reconstruct Manhole (Cone and Riser)ea 1
02222 Abandon Sewer (8 IN)lf 363.2
02222 Remove Sewer Manhole ea 1
02260 Trench Excavation Safety Protection lf 350.87
02531
Sanitary Sewer (PVC) (8 IN) (Complete)
(Open Cut)lf 350.87
22.8'
RO
W
ROW
NEW WL
SEE SHT 8
EXIST 8" SAN SWR
TO BE ABANDONED
ABANDON ±286.3' LF SAN SWR (PVC) (1996)
FILL W/ GROUT SLURRY
ROW
8.6'
16.4'
135.4°
27.3'
11.5'
RET
WALL
9.2'
6.0'
30.6'
EXIST SAN SWR
REMOVE SAN SWR MH
8.0'
20' WATER/ WASTE WATER ESMT
REPLACE ±30 LF WIRE FENCE (3
STRAND)
CAUTION:WL CROSSING
CENTER ONE LENGTH
OF PRESSURE RATE (150
PSI, MIN) PIPE ON WL
ABA
N
D
O
N
±
7
6
.
9
'
L
F
S
A
N
S
W
R
(
P
V
C
)
(
1
9
9
6
)
FIL
L
W
/
G
R
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T
S
L
U
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R
Y
ABANDONMENT OF SEWER MAIN (TXDOT ROW):
1.CUT, PLUG & ABANDON THE EXISTING 8" SANITARY SEWER AS SHOWN IN
PLANS
2.ABANDONED PIPE DOES NOT CONTAIN HAZARDOUS MATERIAL. THE PIPE
IS COMPOSED OF ASBESTOS CEMENT PIPE (ACP)
3.RETURN MANHOLE LIDS TO THE CITY.
4.REMOVE ALL ABANDONED MAIN IN CONFLICT W/ PROP TXDOT WORK, AS
SHOW IN PLANS. PLUG EXIST ABANDONED MAIN & FILL W/ GROUT
SLURRY (ITEM 02516).
5.REMOVE MANHOLE = REMOVE CONE AND LID AND RESTORE PAVEMENT
(ITEM 02222)
NOTES:
1.LOCATIONS OF EXISTING UTILITIES IS APPROXIMATE, CONTRACTOR TO
FIELD VERIFY DEPTH AND HORIZONTAL LOCATION.
2."N.S.P.I." IS "NO SEPARATE PAY ITEM".
3.TEST ALL SANITARY SEWER BY AIR PRESSURE TEST, DEFLECTION
TESTING AND PROVIDE A POST CONSTRUCTION TELEVISION.
4.CONTRACTOR TO PROVIDE SUPPORT AS NEEDED FOR POWER POLES.
5.THE CONTRACTOR SHALL BE RESPONSIBLE FOR RESTORING TO ITS
ORIGINAL OR BETTER CONDITION FROM DAMAGE DONE TO EXISTING
FENCES, CURBS, STREETS, DRIVEWAYS, LANDSCAPING AND
STRUCTURES PER SPECIFICATION 01740
6.PROP = WORK BY TXDOT, APPROX LOCATION, SHOWN FOR REFERENCE.
7.WHEN WORKING IN TXDOT ROW COMPLY W/ TXDOT PERMIT ISSUED BY
TXDOT. CONTACT TXDOT MAINTENANCE DIVISIONS 48 HRS PRIOR TO
BEGINNING WORK.
8.EXCAVATION WITHIN 10 LF OF PROP TXDOT EOP TO BE BACKFILLED W/
FLOWABLE BACKFILL PER TXDOT SPEC 401.
9.ALL PIPE TO BE PVC SDR 26, PS 115 UNLESS OTHERWISE SHOWN ON
PLANS. ITEM 02531 IS INCLUSIVE OF ALL TYPES.
10.ALL CROSSING W/ WATER MAINS TO COMPLY W/ TAC RULES 217.53.D.
11.ALL EXCAVATION WITHIN 10' OF TXDOT EDGE OF PVMT TO BE BACKFILLED
TO WITHIN 6" OF FINISH GRADE WITH FLOWABLE BACKFILL PER TXDOT
SPEC 401.
12.PROVIDE BYPASS PUMPING TO ASSUME 8" PIPE FLOWING FULL @ 0.4%
SLOPE.
NEW AT&T MANHOLE
NEW POWER POLE
12.1'
1
1
1
1 1 1
1
11
1
1
1
1
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5+00
6+00
7+
0
0
BEGIN SAN SWR 18" CASING
STA 6+43.44 O/S 0.0
STA 6+93.29 O/S 0.0
TIE NEW SAN SWR TO EXISTING
PVC SAN SWR
W/ APPROVED ADAPTER
TIE NEW STL CASING TO EXIST CASING
STA 6+89.36 O/S 0.0
REMOVE EXIST SAN SWR MH
RECONSTRUCT EXIST
SAN SWR MH (CONE & RISER)
STA 7+60.01 O/S 0.0
(FM 1103 STA 4+88.92 O/S 44.7' R
FROM 791.93 TO 793.24
3+00 4+00 5+00
STA 4+84.98 O/S 2.5'
(FM 1103 STA 3+38.09 O/S -89.2' L)
NEW MH - (4) (WATERTIGHT)STA 6+34.23 O/S 0.0'
(FM 1103 STA 4+87.14 O/S -81.0' L)
NEW MH - (5) (WATERTIGHT)
149.27 LF 8" PVC SAN SWR @ 0.40%
ST
A
4
+
8
4
.
9
8
NE
W
M
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-
(
4
)
(W
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5
5
ST
A
6
+
3
4
.
2
3
NE
W
M
H
-
(
5
)
(W
A
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E
R
T
I
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T
)
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M
E
L
:
7
8
8
.
1
1
59.25 LF 8" P
V
C
S
A
N
S
W
R
@
3
.
5
7
%
INV EL: 776.67
INV EL: 777.36
TIE INTO EXIST SAN SWR
W/ APPROVED ADAPTER
INV EL: 779.78
INV EL: 776.79
INV EL: 777.77
ST
A
.
7
+
6
0
.
0
1
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MARK B. HILL
94904
S T A T E O F TE
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PROJECT NO. 1124.9211
2-6-2019
21 29
1
20
1
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2
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1
8
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A
L
L
S
-
-
-
-
-
-
-
-
-
HORIZONTAL SCALE :
VERTICAL SCALE :
1" =
1" =
EX
I
S
T
G
R
O
U
N
D
SE
W
E
R
F
L
O
W
L
I
N
E
EL
E
V
A
T
I
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N
:
4+50 5+00 5+50 6+00 6+50 7+00 7+50 8+00 8+50 9+00
765
770
775
780
785
790
795
800
805 805
800
795
790
785
780
775
770
765
20'
10'
MAT
C
H
L
I
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E
S
T
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4+
5
0
ROW
ROW
S
E
W
N
0000000
SCALE: 1" = 20'
20 40
ROW
MA
T
C
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L
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E
S
T
A
4+
5
0
FM 1103
(±90' ROW)
EXIST 8" SAN SWR
TO BE ABANDONED
REMOVE SAN SWR MH
WATER LINE BORE PIT
SEE SHT 8
EXIST EOP
EXIST EOP
EXIST GUTTER
EXIST CURB
EXIST SAN SWR MH TO
BE REMOVED
EXIST FIBER
EXIST TELE
PROP 24" STRM
RECONSTRUCT EXIST SAN SWR MH
(CONE & RISER)
ABANDON ±111.9' LF SAN SWR (PVC) (1996)
FILL W/ GROUT SLURRY
7.8'
8.4'
23.0'
ROW
EXIST 8" PVC SAN SWR
W/ 18" STL CASING
TO REMAIN
PROP SW
PROP INLET
PROP EOP
PROP INLET
EXIST STORM INLET
NEW 8" PVC SAN
SEWER
±50 LF 18" STL
CASING (OPEN CUT)±50' FLOWABLE FILL
(19.4 CY)
13.4'
EXIST GROUND @ CL
LEGEND
SANITARY SEWER LINE
SANITARY SEWER MANHOLE
WATER LINE
WATER VALVE
FIREHYDRANT
WATER METER
UNDERGROUND ELECTRIC LINE
UNDERGROUND TELEPHONE LINE
TELEPHONE PEDESTAL
MAILBOX
SIGN
LIGHT STANDARD
BARBED WIRE FENCE
CHAIN LINK FENCE
WOOD FENCE
*15 RESTRAINED PIPE LENGTH
REMOVE AND REPLACE
ASPHALT PAVEMENT
EOP EDGE OF PAVEMENT
EXIST SAN SW
R
@
3
.
3
8
%
EXIST 18" STL CASING
NEW 8" PVC SAN
S
W
R
QUANTITY TABLE
ITEM NO. DESCRIPTION UNIT QUANTITY
01740 Site Restoration (Utility Construction)lf 244.41
02082 Precast Manholes (0--6ft deep)ea 2
02082 Precast Manholes (extra depth)vf 12
02086 Reconstruct Manhole (Cone and Riser)ea 1
02222 Abandon Sewer (8 IN)lf 218.9
02222 Remove Sewer Manhole ea 2
02260 Trench Excavation Safety Protection lf 244.41
02531
Sanitary Sewer (PVC) (8 IN) (Complete)
(Open Cut)lf 244.41
02531
Sanitary Sewer (STL Casing) (18 IN) (Open
Cut)lf 50
TXDOT401*Flowable Fill cy 19.4
12" WL
SEE SHT 15
ABANDONMENT OF SEWER MAIN (TXDOT ROW):
1.CUT, PLUG & ABANDON THE EXISTING 8" SANITARY SEWER AS SHOWN IN
PLANS
2.ABANDONED PIPE DOES NOT CONTAIN HAZARDOUS MATERIAL. THE PIPE
IS COMPOSED OF ASBESTOS CEMENT PIPE (ACP)
3.RETURN MANHOLE LIDS TO THE CITY.
4.REMOVE ALL ABANDONED MAIN IN CONFLICT W/ PROP TXDOT WORK, AS
SHOW IN PLANS. PLUG EXIST ABANDONED MAIN & FILL W/ GROUT
SLURRY (ITEM 02516).
5.REMOVE MANHOLE = REMOVE CONE AND LID AND RESTORE PAVEMENT
(ITEM 02222)
NOTES:
1.LOCATIONS OF EXISTING UTILITIES IS APPROXIMATE, CONTRACTOR TO
FIELD VERIFY DEPTH AND HORIZONTAL LOCATION.
2."N.S.P.I." IS "NO SEPARATE PAY ITEM".
3.TEST ALL SANITARY SEWER BY AIR PRESSURE TEST, DEFLECTION
TESTING AND PROVIDE A POST CONSTRUCTION TELEVISION.
4.CONTRACTOR TO PROVIDE SUPPORT AS NEEDED FOR POWER POLES.
5.THE CONTRACTOR SHALL BE RESPONSIBLE FOR RESTORING TO ITS
ORIGINAL OR BETTER CONDITION FROM DAMAGE DONE TO EXISTING
FENCES, CURBS, STREETS, DRIVEWAYS, LANDSCAPING AND
STRUCTURES PER SPECIFICATION 01740
6.PROP = WORK BY TXDOT, APPROX LOCATION, SHOWN FOR REFERENCE.
7.WHEN WORKING IN TXDOT ROW COMPLY W/ TXDOT PERMIT ISSUED BY
TXDOT. CONTACT TXDOT MAINTENANCE DIVISIONS 48 HRS PRIOR TO
BEGINNING WORK.
8.EXCAVATION WITHIN 10 LF OF PROP TXDOT EOP TO BE BACKFILLED W/
FLOWABLE BACKFILL PER TXDOT SPEC 401.
9.ALL PIPE TO BE PVC SDR 26, PS 115 UNLESS OTHERWISE SHOWN ON
PLANS. ITEM 02531 IS INCLUSIVE OF ALL TYPES.
10.ALL CROSSING W/ WATER MAINS TO COMPLY W/ TAC RULES 217.53.D.
11.ALL EXCAVATION WITHIN 10' OF TXDOT EDGE OF PVMT TO BE BACKFILLED
TO WITHIN 6" OF FINISH GRADE WITH FLOWABLE BACKFILL PER TXDOT
SPEC 401.
12.PROVIDE BYPASS PUMPING TO ASSUME 8" PIPE FLOWING FULL @ 0.4%
SLOPE.
EXIST WL
NEW WL
PROP 24" STRM
FM 1103
PROP 24" STRM
PROP 24" STRM
PROP RWALL
NEW 8" PVC SAN SWR
EXIST SAN SWR
42.07°
95°
NEW WL SEE SHT 8
NEW 8" PVC SAN SWR
6.0'
8.0'
20' WATER/ WASTE
WATER ESMT
R
O
W
6.0'
PROP INLET
LIB HOLDINGS, LTD.
10.881 ACRES TRACT 4,
VOL. 2254, PG. 637
7-ELVEN, INC.
H T S 2.0856 AC
WALGREENS
HUBERTUS RETAIL
BLOCK 1 LOT 5 LG PT
PL
PROP SW
50' - 18" STL CASING
(OPEN CUT)
CAUTION:WL CROSSING
CENTER ONE LENGTH
OF PRESSURE RATE (150
PSI, MIN) PIPE ON WL
ABANDON ±107.7' LF SAN SWR (PVC) (1996)
F
I
L
L
W
/
G
R
O
U
T
S
L
U
R
R
Y
NEW WL
SEE SHT 8
NEW WL
SEE SHT 8
PROP INLET
EXIST 8" SAN SWR
TO BE ABANDONED
199.7'
COORDINATES PROVIDED ARE IN MODIFIED TEXAS STATE PLANE COORDINATES,
NAD 83, NAVD 88, WITH A SCALE FACTOR OF 1.00017 APPLIED
Horizontal Alignment Report
*************************************************************************
Alignment Name: NEW SEWER
Station Range: Start: 0+00.01, End: 8+04.82
Description: NEW SEWER ALONG IH-35
*************************************************************************
Begin Alignment - SEWER
N 13,778,209.6348 E 2,210,968.6771 0+00.01
Line (1)
S54° 30' 02.78"W 99.992'
N 13,778,151.5700 E 2,210,887.2710 1+00.00
Line (1)
Line (2)
S43° 02' 05.86"W 79.514'
N 13,778,093.4500 E 2,210,833.0069 1+79.51
Line (2)
Line (3)
S59° 09' 05.91"W 209.451'
N 13,777,986.0501 E 2,210,653.1871 3+88.97
Line (3)
Line (4)
S14° 32' 56.66"W 93.205'
N 13,777,895.8334 E 2,210,629.7730 4+82.17
Line (4)
Line (5)
S26° 38' 50.27"E 152.062'
N 13,777,759.9226 E 2,210,697.9725 6+34.23
Line (5)
Line (6)
S58° 21' 23.17"W 55.123'
N 13,777,731.0034 E 2,210,651.0450 6+89.36
Line (6)
Line (7)
S58° 34' 02.59"W 70.650'
N 13,777,694.1600 E 2,210,590.7630 7+60.01
Line (7)
Line (8)
S26° 24' 34.34"W 44.817'
N 13,777,654.0200 E 2,210,570.8290 8+04.82
Line (8)
N 13,777,654.0200 E 2,210,570.8290 8+04.82
End Alignment - SEWER
NEW POWER POLE NEW POWER POLE
NEW UNDERGROUND
TELEPHONE
NEW AT&T MH
4.7'
3.9'
1
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SCALE: 5
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EXIST GROUND
12" 1
8 BEND
12" 1
8 BEND12" 1
8 BEND12" 1
8 BEND
12" CAST
COUPLING 12" CAST
COUPLING
NEW 12" WL
±20 LF ~ NEW 12"
PVC C900, DR-14
CENTER ON SAN
SWR
NEW 8" PVC SAN SWR
NEW SAN SWR MH 2
±2.0'
±3.0'
VERTICAL OFFSET OF 12" WL
NOT TO SCALE
STA 1+36.5 O/S 1.5
1 ~ 12" 1/8 BEND, MJ
±3 LF ~ NEW 12" PVC C900, DR 14
STA 1+34.5 O/S 1.5
1 ~ 12" 1/8 BEND, MJ
±3 LF ~ NEW 12" PVC C900, DR 14
1 ~ 12" TRANS. COUPLING, MJ
STA 1+59 O/S 4.5'
1 ~ 12" 1/8 BEND, MJ
±3 LF ~ NEW 12" PVC C900, DR 14
1 ~ 12" TRANS. COUPLING, MJ
STA 1+56.5 O/S 4'
1 ~ 12" 1/8 BEND, MJ
±3 LF ~ NEW 12" PVC C900, DR 14
SAN SWR ALIGNMENT
ROW
EXIST 8" SAN SWR
City of Schertz
Sewer Reimbursement Estimate
8/17/2020
***** Project I.D. #A********
IH-35
0016-05-***
0016-05-115
Comal
At F.M. 1103
ITEM SPEC DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL COST
City of Schertz - Water/Wastewater Manager (Interim Director)hr 16 61.03$ 976.48$
City of Schertz - Engineering Project Manager hr 4 45.71$ 182.84$
1,159.32$
ITEM SPEC DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL COST
Ford Engineering - Principal (Engineer of Record)hr 16 200.00$ 3,200.00$
Ford Engineering - Senior Engineer, PE hr 40 165.00$ 6,600.00$
Ford Engineering - EIT hr 150 95.00$ 14,250.00$
24,050.00$
ITEM SPEC DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL COST
City of Schertz - Engineering Project Manager hr 26 45.71$ 1,188.46$
City of Schertz - Senior Graduate Engineer hr 11 43.29$ 454.55$
City of Schertz - Inspector hr 53 32.54$ 1,708.35$
3,351.36$
ITEM SPEC DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL COST
Ford Engineering - Principal (Engineer of Record)hr 6 200.00$ 1,200.00$
1,200.00$
ITEM SPEC DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL COST
1 01502 Mobilization ls 1.0 9,340.59$ 9,340.59$
2 01555 Traffic Control and Regulation ls 1.0 10,000.00$ 10,000.00$
3 01740 Site Restoration (Utility Construction)lf 593.30 10.00$ 5,933.00$
4 02082 Precast Manholes (0--6ft deep)ea 4.0 8,200.00$ 32,800.00$
5 02082 Precast Manholes (extra depth)vf 21.96 800.00$ 17,568.00$
6 02531 Sanitary Sewer (PVC) (8 IN) (Complete) (Open Cut)lf 593.3 110.00$ 65,263.00$
7 02531 **Sanitary Sewer (STL Casing) (18 IN) (Open Cut)**lf 50.0 260.00$ 13,000.00$
External Design Phase: Consulting Engineering
Construction Contract
External Construction Phase: Consulting Engineering
External Construction Phase: Subtotal
U-Number:
Highway:
ROW CSJ:
Const CSJ:
County:
Limits:
Internal Design Phase: Project Management
Internal Design Phase: Subtotal
Internal Construction Phase: Project Management and Inspections
Internal Construction Phase: Subtotal
External Design Phase: Subtotal
City of Schertz
Sewer Reimbursement Estimate
8/17/2020
8 02086 Reconstruct Manhole (Cone and Riser)ea 2.0 4,300.00$ 8,600.00$
9 02221 Remove Asphalt Pavement (complete)sy 44.4 10.00$ 444.44$
10 02221 Remove Concrete Sidewalk and Driveway sy 5.6 40.00$ 222.40$
11 02221 Remove Concrete Curbing, Curb & Gutter lf 10.0 5.00$ 50.00$
12 02221 Existing Manhole Excavation cy 10.0 350.00$ 3,500.00$
13 02222 Abandon Sewer w/ Grout (8 IN)lf 582.1 12.00$ 6,985.20$
14 02222 Remove/Abandon Existing Sewer Manhole ea 3.0 300.00$ 900.00$
15 02260 Trench Excavation Safety Protection lf 593.30 1.00$ 593.30$
16 02511 Water Pipe (PVC) (12 IN) (Complete) (Open Cut)lf 32.0 112.48$ 3,599.36$
17 02513 Water Tie-In (Complete) (12")ea 2.0 2,460.00$ 4,920.00$
18 02771 Curbing, Curb and Gutter lf 10.0 30.00$ 300.00$
19 02775 Concrete Sidewalk (5 feet)sy 5.6 75.00$ 417.00$
20 TXDOT401 Flowable Fill cy 19.4 140.00$ 2,716.00$
21 MISC 1 Bypass Pumping ls 1.0 9,000.00$ 9,000.00$
196,152.29$
225,912.97$
**Steel Casing to be Compliant with Buy America**
TOTAL ESTIMATE
Construction Contract: Subtotal
Form ROW -U-35
(Rev. 08/19)
Page 6
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “B”
Accounting Method
Actual Cost Method of Accounting
The utility accumulates cost under a work order accounting procedure prescribed by the
Federal or State regulatory body and proposes to request reimbursement for actual
direct and related indirect costs.
Lump Sum Method of Accounting
Utility proposed to request reimbursement based on an agreed lump sum amount
supported by a detailed cost analysis.
Form ROW -U-35
(Rev. 08/19)
Page 7
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “C”
Schedule of Work
Estimated Start Date: Work has been completed, (subject to physical work restrictions
prior to the issuance of environmental clearance as required by the provisions of this
agreement)
Estimated Duration (days): 90 days, Work performed under a Emergency Work
Authorization
Estimated Completion Date: 4/15/20
Form ROW -U-35
(Rev. 08/19)
Page 8
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “D”
Statement Covering Contract Work
(ROW –U–48)
(ROW –U–48–1, if applicable)
- 2.0 Mobilization: Calculated at 5% of total cost of reimbursement: $9,165.59
- 3.0 Traffic Control and Regulation: $10,000.00
- 4.0 Site Restoration (Utility Construction): $5,933.00
- 8.0 Remove Asphalt Pavement (complete): $444.44
- 10.0 Remove Concrete Sidewalk and Driveway: $222.40
- 11.0 Remove Concrete Curbing, Curb & Gutter: $50.00
- 14.0 Trench Excavation Safety Protection: $593.30
- 16.0 Water Pip (PVC)(12in)(Complete)(Open Cut): $3,599.36
- 21.0 Water Tie-In (Complete)(12"): $4,920.00
- 31.0 Curbing, Curb and Gutter: $300.00
- 32.0 Concrete Sidewalk (5 FT): $417.00
- 34.0 Flowable Fill: $2,716.00
- Total: $38,361.09
City of Schertz bid the sewer relocations in the same project as the water relocations for the FM 1103 expansion project. Highlighted bid items reflect items
included in Sewer SUA Estimate, below is a breakdown of the costs split that were split between sewer and water (highlighted blue).
- 5.0 Precast Manholes (0--6ft deep): $32,800.00
- 6.0 Precast Manholes (extra depth): $17,568.00
- 7.0 Reconstruct Manhole (Cone and Riser): $8,600.00
- 12.0 Abandon Sewer w/ Grout (8 IN): $6,985.20
- 13.0 Remove/Abandon Existing Sewer Manhole: $900.00
- 29.0 Sanitary Sewer (PVC) (8 IN) (Complete) (Open Cut): $65,263.00
- 30.0 Sanitary Sewer (STL Casing) (18 IN) (Open Cut): $13,000.00
- 36.0 Bypass Pumping: $9,000.00
- Total: $154,116.20
Form ROW -U-35
(Rev. 08/19)
Page 9
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “E”
Utility Joint Use Acknowledgment – (ROW-U-JUAA)
and/or Utility Installation Request – (Form 1082)
Utility Joint Use Acknowledgment (ROW–U–JUAA)
Utility Installation Review/Permit Number: SAT20190301170415
Form ROW -U-35
(Rev. 08/19)
Page 10
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “F”
Eligibility Ratio
Eligibility Ratio established: 100 %
Non-interstate Highway (Calculation attached)
Interstate Highway
Form ROW -U-35
(Rev. 08/19)
Page 11
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “G”
Betterment Calculation and Estimate
Elective Betterment Ratio established: 0 %
(Calculation attached)
Forced Betterment
(Provide supporting documentation)
Not Applicable
Form ROW -U-35
(Rev. 08/19)
Page 12
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “H”
Proof of Property Interest
Supporting documentation of compensable property interest that establishes
reimbursement eligibility as referenced in Texas Transportation Code §203.092.
Property interest documented through applicable affidavits and required
attachments.
ROW -U-1A and
ROW -U-1B
Or
ROW -U-1C
The roadway improvement project is designated as an Interstate Highway project;
therefore, no supporting documentation of compensable interest is required.
Agenda No. 9.
CITY COUNCIL MEMORANDUM
City Council
Meeting:December 8, 2020
Department:City Secretary
Subject:Ordinance No. 20-T-38 - Consideration and/or action approving an Ordinance by the
City Council of the City of Schertz, Texas, authorizing an adjustment to the fiscal
year 2020-2021 budget, repealing all Ordinances or parts of Ordinances in
conflict with this Ordinance; and providing an effective date. Final Reading (M.
Browne/B. James/J. Walters)
BACKGROUND
This budget amendment ordinance is meant to move unused budgeted amounts from FY 2019-20 to FY
2020-21. This adjustment is for departments that had unused budgeted amounts due to delays in
manufacturing, back ordered/out of stock items, or project schedules that run through multiple fiscal
years. The identified items and amounts to be rolled forward amount to $895,860. A list of items are
outlined below:
1. The Engineering department has $35,000 left on its Municipal Facility and Stormwater Control
Inventory and City Operations Assessment Study.
2. The Parks department has $146,714 from the previous year for the Senior Center Parking Lot and
Ashley Park Concrete Trial projects and to use unused special events budget for additional holiday
lighting.
3. The Human Resources department has $41,962 remaining from their employee wellness program
funded by BlueCross BlueShield and will be used on additional wellness programs in FY 2020-21.
4. The Facility Maintenance department has $224,000 remaining from the Police, Fire, EMS bathroom
and shower repairs project.
5. The Fleet Maintenance department has $4,503 remaining to complete the outfitting of a service truck
purchased in FY 2019-20.
6. The Water & Sewer budget has $83,287 remaining to purchase a new truck budgeted in FY 2019-20
that was delayed and complete the Water System Risk and Resilience Assessment and Emergency
Response Plan.
7. The Drainage Fund budget has $35,120 remaining to purchase a new truck budgeted in FY 2019-20
that was delayed.
8. The Streets budget has $81,515 remaining to purchase a new truck budgeted in FY 2019-20 and to
finish the Westchester Sidewalk Phase II project.
9. The EMS budget has $261,612 remaining to purchase a new ambulance that was budgeted in FY
2019-20.
10. The Police budget has $13,047 remaining to finish purchasing the remaining vehicle equipment and
pistols that were budgeted in FY 2019-20.
11. The Fire department has $18,062 remaining to purchase uniforms/boots and a fire hose and
complete a deck for Station #2 that was from FY 2019-20.
Staff is also requesting transferring the budget for mowing contract services from Parks to Drainage as
part of an internal reorganization of duties and responsibilities. This transfer will have no fiscal impact
and all budgets were approved in FY 2020-21.
Council approved this on first reading at their meeting of December 1, 2020.
GOAL
To move forward unused budget amounts on approved programs from FY 2019-20 to prevent expenses
from the previous fiscal year from inhibiting the operating budgets for FY 2020-21.
COMMUNITY BENEFIT
N/A
SUMMARY OF RECOMMENDED ACTION
Staff recommends approval of Ordinance 20-T-38 on final reading.
FISCAL IMPACT
This adjustment will use budgeted amounts from FY 2019-20. Those unused funds increased fund
balance at the end of the fiscal year. This adjustment will use $944,822 of fund balance that will be
reported on the annual financial report.
The transfer of the mowing contract budget from Parks to Drainage will have no fiscal impact.
RECOMMENDATION
Staff recommends approval of Ordinance 20-T-38.
Attachments
Ordinance 20-T-38
ORDINANCE NO. 20-T-38
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2020-2021
BUDGET, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Ordinance 20-T-31, the City of Schertz (the “City”) adopted the
budget for the City for the fiscal year 2020-2021 (the “Budget), which provides funding for the
City’s operations throughout the 2020-2021 fiscal year; and
WHEREAS, the City needs to increase the budget and re-encumber $944,822 in
previously approved expenditures; and
WHEREAS, the City needs to transfer $17,229 from Parks to Drainage due to the change
in department overseeing the mowing contracts; and
WHEREAS, City staff recommends that the City Council of the City adjust the Budget
and approve the ordinance; and
WHEREAS, the City Council of the City has determined that it is in the best interest of
the City to adjust the Budget and approve the budget for expenses approved in FY 2019-2020
and to transfer the budget related to mowing contracts from Parks to Drainage, as more fully set
forth in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. The City shall increase Engineering’s budget by $35,000 for the remaining
amount of the Municipal Facility and Stormwater Control Inventory and City Operations
Assessment Study.
Section 2. The City shall increase Parks’ budget by $146,714 to complete the Senior
Center Parking Lot and Ashley Park Concrete Trail projects and to use remaining special events
budget for additional holiday lighting.
Section 3. The City shall increase Human Resources budget by $41,962 to use the
remaining funds from the BlueCross BlueShield $50,000 wellness fund the city receives for
related activities such as fun runs, water bottle stations, and advanced health screenings.
Section 4. The City shall increase Facility Maintenance budget by $224,000 to complete
the budgeted Police, Fire, and EMS restroom and shower repairs.
Section 5. The City shall increase Fleets’ budget by $4,503 to complete the outfitting of
a service truck purchased in FY 2019-20.
50558021.1 - 2 -
Section 6. The City shall increase Water & Sewer’s budget by $83,287 to purchase a
truck and complete a Water System Risk and Resilience Assessment and Emergency Response
Plan budgeted from FY 2019-20.
Section 7. The City shall increase the Drainage Fund budget by $35,120 to purchase a
truck budgeted from FY 2019-20.
Section 8. The City shall increase Streets’ budget by $81,515 to purchase a truck and
complete the Westchester Sidewalk Phase II project budgeted for FY 2019-20.
Section 9. The City shall increase EMS’ budget by $261,612 to purchase an ambulance
budgeted from FY 2019-20.
Section 10. The City shall increase Police’s budget by $13,047 to purchase additional
vehicle equipment and pistols budgeted from FY 2019-20.
Section 11. The City shall increase Fire’s budget by $18,062 to purchase uniforms,
boots, a fire hose, and complete a deck for Station #2 budgeted from FY 2019-20.
Section 12. The City shall transfer $17,229 from Parks’ to the Drainage Fund.
Section 13. 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 14. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 15. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 16. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 17. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 18. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
50558021.1 - 3 -
PASSED ON FIRST READING, the 1st day of December, 2020.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 8th day of
December, 2020.
CITY OF SCHERTZ, TEXAS
Mayor
ATTEST:
City Secretary
(CITY SEAL)
Agenda No. 10.
CITY COUNCIL MEMORANDUM
City Council
Meeting:December 8, 2020
Department:City Secretary
Subject:Ordinance No. 20-T-39 - Consideration and/or action upon an Ordinance to extend
the term of the Tax Increment Financing Reinvestment zone No. 2
(Sedona/Crossvine) and expand the boundaries. Final Reading (B. James)
BACKGROUND
In 2006 the City Council approved Ordinance 6-T-61 creating the Tax Increment Reinvestment Zone
(TIRZ) #2 which is known as the Sedona/Crossvine TIRZ. Initially, it was intended to run until 2027
and had an area of approximately 825 acres. In addition to the City of Schertz, Bexar County and the
San Antonio River authority participate in the TIRZ #2. The developer of the Crossvine approached the
City about extending the TIRZ #2 to 2041 and expanding the boundaries to 952 acres. On September
22, 2020, the City Council approved Resolution 20-R-107 authorizing an Amended Development
Agreement, Project/Financing Plan and Interlocal Agreement. These items were recommended for
approval by the TIRZ Board on August 21, 2020. These documents incorporate the extension and
expansion.
State Law requires the extension and expansion to be approved by Ordinance as well to amend the
Project and Financing Plan. As such, Staff is requesting City Council approve Ordinance 20-T-39
authorizing the extension and expansion and approving the Amended Project and Financing Plan as
reflected in the approved Amended Development Agreement, Project/Financing Plan and Interlocal
Agreement.
GOAL
Provide for the continued high quality of development in the TIRZ by responding to changing economic
and land use conflicts by amending the term of the TIRZ #2 and boundaries.
COMMUNITY BENEFIT
The approval of the amendment allows for the orderly and high quality development of the area and
responds to the unique issues and challenges of the economy and the area.
SUMMARY OF RECOMMENDED ACTION
Approval of Ordinance 20-T-39 authorizing the extension and expansion of the TIRZ #2 and the
Amended Project and Financing Plan. These are consistent and in keeping with the recently approved
Project and Finance Plan, Interlocal Agreement and Development Agreement by resolution.
City Council approved this on first reading at their meeting of December 1, 2020.
FISCAL IMPACT
The extension of the TIRZ #2 boundaries allows for a longer period of time for the developer to receive
the maximum reimbursement and the expansion of the boundaries allows the increment to be collected
from a larger area.
RECOMMENDATION
Staff recommends approval of Ordinance 20-T-39 on final reading.
Attachments
Ord 20 T 39
CCM Sept 20, 2020
Res 20 R 107
ORDINANCE NO. 20-T-39
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO
EXTEND THE TERM OF THE TAX INCREMENT REINVESTMENT FINANCE ZONE
NO. 2 (SEDONA/CROSSVINE) AND EXPAND THE BOUNBARIES AND APPROVE
THE AMENDED PROJECT AND FINANCING PLAN, CITY OF SCHERTZ, TEXAS.
WHEREAS,in accordance with the Tax Increment Financing Act, Texas Tax Code, Chapter 311,
the City Council of the City of Schertz through Ordinance 06-T-61 designated the Tax Increment
Reinvestment Zone #2 (Sedona/Crossvine) generally located on the west side of FM 1518, north
of Ware Seguin Road and primarily south of Lower Seguin Road;
WHEREASA,on October 27, 2008 the City Council of the City of Schertz, Texas approved
Ordinance 08-T-50 approving the Project and Financing Plan of the TIRZ #2;
WHEREAS, on August 21, 2020 the TIRZ #2 (Sedona/Crossvine) board voted to amend the
Development Agreement, Project/Financing Plan and Interlocal Agreement for the TIRZ #2
(Sedona/Crossvine) including expanding the boundaries, extending the term and increasing the
maximum reimbursement amount; and
WHEREAS, on September 22, 2020 the City Council of the City of Schertz approved Resolution
20-R-107 Development Agreement, Project/Financing Plan and Interlocal Agreement for the
TIRZ #2 (Sedona/Crossvine) including expanding the boundaries, extending the term and
increasing the maximum reimbursement amount; and
WHEREAS, the Tax Increment Financing Act, Texas Tax Code Chapter 311 stipulates that the
governing body of the municipality may enlarge an existing reinvestment zone may enlarge the
boundaries of the zone and may extend the term of the zoneand approve amendments to the Project
and Financing Plan by ordinance or resolution after notice and a hearing on the matter subject to
the restrictions on composition of the reinvestment zone; and
WHEREAS, the City Council of the City of Schertz held a public hearing on December 1, 2020
after providing the required notice; and
WHEREAS, less than 30% of the property in the proposed expanded zone, excluding property
that is publicly owned, is used for residential purposes; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. The boundaries of the TIRZ #2 (Sedona/Crossvine) are hereby amended as per
Exhibit “A” Boundary Map.
Section 2. The term of the TIRZ #2 (Sedona/Crossvine) is hereby extended to through
December 31, 2041.
Section 3. The Amended Project and Financing Plan is hereby approved, as per Exhibit
“B” Amended Project and Finance Plan Schertz Reinvestment Zone #2.
Section 4. 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 5. All ordinances and codes, or parts thereof, which are in conflict or inconsistent
with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 6. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 7. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City hereby
declares that this Ordinance would have been enacted without such invalid provision.
Section 8. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject matter
of the public business to be considered at such meeting, including this Ordinance, was given, all
as required by Chapter 551, as amended, Texas Government Code.
Section 9. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
Section 10. 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.
Approved on first reading the 1st day of December, 2020.
PASSED, APPROVED AND ADOPTED on final reading the 8
th day of December, 2020.
____________________________________
Ralph Gutierrez, Mayor
ATTEST:
________________________________
Brenda Dennis, City Secretary
Exhibit A
“Boundary Map”
Exhibit “B”
Amended Project and Financing Plan Schertz Reinvestment Zone #2
RESOLUTION NO. 20-R-107
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN AMENDED DEVELOPMENT
AGREEMENT, PROJECT/FINANCE PLAN, AND INTERLOCAL
AGREEMENT FOR THE TAX INCREMENT REINVESTMENT ZONE #2
(TIRZ) #2 (SEDONA/CROSSVINE).
WHEREAS, In October 2006 the City created the Reinvestment Zone Number Two.
WHEREAS, the national economic crisis resulted in slowed development within the City
and the Reinvestment Zone Number Two.
WHEREAS, changes in land use compatibility have necessitated adjustments to the
development plan to ensure compatibility with JBSA Randolph.
WHEREAS, changes in laws with regard to property tax exemptions have necessitated
adjustments to the Project and Finance Plan.
WHEREAS, in recognition of a change in the development climate, and in order to
continue progress of the project, the parties have agreed to amend the original development
agreement to reflect a revised project as described in this Agreement and specified in a revised
project and financing plans.
WHEREAS, the Parties wish to amend and restate the full terms and provisions of the
original development agreement, so that from and after the effective date, this amended and
restated development agreement shall negate, replace, and supersede the original development
agreement.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute the
Amended and Restated Development Agreement, Project and Finance Plan and Interlocal
Agreement for Reinvestment Zone Number Two Sedona & Crossvine Development Project
generally as included in Exhibit “A”.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all p urposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
- 2 -
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 222n day of September 2020.
CITY OF SCHERTZ, TEXAS
Mayor, Ralph Gutierrez
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
- 3 -
Exhibit ”A”
Agenda No. 11.
CITY COUNCIL MEMORANDUM
City Council
Meeting:December 8, 2020
Department:City Secretary
Subject:City Council Rules of Conduct and Procedure - Discussion regarding possible changes
to the current City Council Rules of Conduct and Procedure. (Mayor/Council)
BACKGROUND
The last time the Councils Rules of Conduct and Procedures were reviewed was in October of 2019.
Since that time new members of Council have been elected and seated.
Council to review and proposed possible changes if necessary and direct staff to prepare a revised
ordinance to bring back at a future date for approval.
Attachments
Council Rules
10-22-19 Revised
CITY OF SCHERTZ
CITY COUNCIL
RULES OF CONDUCT AND PROCEDURE
These Rules of Conduct and Procedure (these “Rules”) are intended to provide an
understandable and workable structure for City Council meetings.
These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate
communication at Council meetings among Councilmembers and between Councilmembers and
City staff and members of the public, and to promote confidence in the citizens that their
government is performing its duties with the highest of ethical standards and with a genuine
interest in the well-being of the community.
There Rules are in all events subject to the City Charter and applicable provisions of State law,
including the Texas Open Meetings Act.
As a part of these Rules, the Council has established the following Code of Conduct for the
Mayor and all Councilmembers:
∑Address the merits of the issues — no personal attacks
∑Focus on representing the interests of all citizens.
∑Attempt to resolve personal conflicts among Councilmembers internally before
speaking publicly.
∑Assume positive intentions — don’t look for hidden agendas.
∑Observe the City’s written Rules of Conduct and Procedure.
∑When others are speaking, listen with an open mind.
∑Recognize that inappropriate public disclosure of confidential information can be
detrimental to the City and its citizens.
∑Understand that “majority rules”. Once a vote is taken, if you were in the
minority agree to disagree and move on. Recognize that a majority view, when
expressed in a vote, becomes an expression of City policy.
∑Coordinate all requests of the City staff through the City Manager.
TABLE OF CONTENTS
Page
10-22-19 Revised i
ARTICLE 1.
AUTHORITY
1.1 City Charter........................................................................................................................1
1.2 Effective Date; Amendment ..............................................................................................1
ARTICLE 2.
GENERAL RULES
2.1 Meetings to be Public.........................................................................................................1
2.2 Attendance.........................................................................................................................1
2.3 Minutes of Meetings..........................................................................................................1
2.4 Questions to Contain One Subject.....................................................................................2
2.5 Right to the Floor...............................................................................................................2
2.6 City Manager .....................................................................................................................2
2.7 City Attorney .....................................................................................................................2
2.8 City Secretary..................................................................................................................... 2
2.9 Officers and Employees.....................................................................................................2
2.10 Rules of Order....................................................................................................................2
2.11 Suspension of Rules...........................................................................................................2
2.12 Amendment to Rules..........................................................................................................2
2.13 Matters Not Addressed by Rules.......................................................................................2
ARTICLE 3.
TYPES OF MEETINGS
3.1 Regular Meetings...............................................................................................................2
3.2 Special Meetings...........................................................................................................2&3
3.3 Recessed Meetings.............................................................................................................3
3.4 Adjourned Meetings........................................................................................................... 3
3.5 Closed Sessions..................................................................................................................3
3.6 Emergency Meetings .........................................................................................................3
ARTICLE 4.
PRESIDING OFFICER AND DUTIES
4.1 Mayor.................................................................................................................................3
4.2 Call to Order ......................................................................................................................3
4.3 Preservation of Order.........................................................................................................3
4.4 Rulings by Presiding Officer .............................................................................................3
4.5 Questions to be Stated........................................................................................................3
4.6 Substitution of Mayor........................................................................................................3
ARTICLE 5.
APPOINTMENT PROCEDURES
5.1 Appointment Procedure for the Mayor Pro Tem...............................................................4
5.2 Appointment Procedure for a Councilmember.............................................................4&5
TABLE OF CONTENTS
(continued)
Page
10-22-19 Revised ii
ARTICLE 6.
ORDER OF BUSINESS
6.1 Agenda..........................................................................................................................5&6
6.2 Communication to Mayor and Council..............................................................................6
6.3 Approval of Minutes..........................................................................................................6
6.4 Presentations by Members of Council...............................................................................6
6.5 Consent Agenda.................................................................................................................6
ARTICLE 7.
CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
7.1 Printed, Typewritten, or Electronic Form..........................................................................6
7.2 City Manager Review........................................................................................................6
7.3 City Attorney to Approve..................................................................................................7
7.4 Funding..............................................................................................................................7
7.5 Reading of Caption Only...................................................................................................7
7.6 Ordinances—Two Readings; Emergencies.......................................................................7
7.7 Recording of Votes............................................................................................................7
7.8 Vote Required....................................................................................................................7
7.9 Tie Vote .............................................................................................................................7
7.10 Numbering Ordinances and Resolutions ...........................................................................7
7.11 Ordinance Passage Procedure............................................................................................7
ARTICLE 8
RULES OF DECORUM
8.1 Recognition by presiding officer .......................................................................................7
8.2 Order..................................................................................................................................7
8.3 Presiding Officer...........................................................................................................7&8
8.4 Improper References to be Avoided..................................................................................8
8.5 Interruptions.......................................................................................................................8
ARTICLE 9.
MOTIONS AND MEETING PROCEDURES
9.1 Motions..............................................................................................................................8
9.2 Debate................................................................................................................................8
9.3 Motion Procedures........................................................................................................8&9
9.4 Point of Privilege...............................................................................................................9
9.5 Point of Procedure or Order...............................................................................................9
9.6 To Appeal a Ruling.....................................................................................................9&10
9.7 To Recess.........................................................................................................................10
9.8 To Withdraw....................................................................................................................10
9.9 To Postpone or Extend.....................................................................................................10
9.10 To Refer...........................................................................................................................10
9.11 To Amend.................................................................................................................10&11
9.12 To Limit or Close Debate or “Call the Question”............................................................ 11
9.13 To Count the Vote............................................................................................................11
9.14 To Take Action or Reconsider an Action; Main Motions...............................................11
TABLE OF CONTENTS
(continued)
Page
10-22-19 Revised iii
9.15 To take action or Rescind motion....................................................................................11
9.16 To Take Action; Main Motions................................................................................11&12
9.17 Effect of Abstentions…………………………………………………………………….12
ARTICLE 10.
ENFORCEMENT OF DECORUM
10.1 Warning............................................................................................................................ 12
10.2 Removal...........................................................................................................................12
10.3 Resisting Removal...........................................................................................................12
10.4 Motions to Enforce ..........................................................................................................12
10.5 Adjournment.............................................................................................................12&13
ARTICLE 11.
CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS
11.1 Standing Committees.......................................................................................................13
11.2 Special Committees .........................................................................................................13
ARTICLE 12.
CITIZENS’ RIGHTS
12.1 Addressing the Council....................................................................................................13
12.2 Manner of Addressing the Council – Time Limit............................................................13
12.3 Personal and Slanderous Remarks...................................................................................13
12.4 Public Hearings.........................................................................................................13&14
12.5 Written Communications.................................................................................................14
12.6 Hearing of Residents........................................................................................................14
ARTICLE 13.
COUNCIL AND STAFF RELATIONS
13.1 City Manager to Provide Information..............................................................................14
13.2 City Manager’s Responses to Requests....................................................................14&15
13.3 Directions to City Manager..............................................................................................15
13.4 City Manager’s Duty to Inform.......................................................................................15
13.5 Customer Concerns..........................................................................................................15
13.6 City Manager/Council Relations......................................................................................15
10-22-19 Revised 1
ARTICLE 1.
AUTHORITY
1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by
ordinance, determine its own rules and order of business.
1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the
Council and until such time as they are amended, or new rules are adopted. In the event
of a conflict between these Rules and the Charter, the Charter shall govern over these
Rules. In the event of a conflict between these Rules and State law, State law shall take
precedence.
ARTICLE 2.
GENERAL RULES
2.1 Meetings to be Public. All meetings of the Council and all meetings of committees
composed of a quorum of the Council shall be open to the public as provided by State
law, except when State law allows closed or Closed sessions for certain limited topics.
2.2 Attendance.Councilmembers shall attend all meetings of the Council. Absence of a
Councilmember from a meeting shall be managed in accordance with 2.2 B.
A. Quorum. Four members of the Council, not including the Mayor, shall constitute a
quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer
shall be counted for purpose of determining the existence of a quorum. If a quorum is
not present, those in attendance will be named, and they may recess to a later time as
permitted by State law or may hear business before them, taking no official action.
B. Absences. In the event a Councilmember is unable to attend a meeting of the
Council, the Councilmember shall notify either the Mayor or the City Secretary as
soon as they become aware that they will be unable to attend. Notification may be
accomplished via e-mail or telephone and must include the reason for the absence.
Absences from meetings of the City Council that are due to occupational or business
demands, personal or family illness or absence from the city shall be approved by the
Council as excused.
The City Secretary shall annotate the Councilmember’s absence and the reason
therefore in the minutes of the meeting from which the Councilmember is absent.
Council approval of the subject minutes shall ratify the absence and the reason given
therefore and thus excuse the absence. If a Councilmember raises an objection to the
absence or the reason given therefore at the time the minutes are to be approved, the
matter may be place on a future agenda for debate, discussion and further
consideration.
2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the
City Secretary and shall constitute the official record of the Council. Such minutes, after
being approved by the Council (except any closed or closed session portion), shall be
open to public inspection. The City Secretary shall provide an index showing the action
10-22-19 Revised 2
of the Council in regard to all matters before to it at both regular and special meetings. A
recording or “certified agenda” of each closed or closed session shall be made and
maintained as required by State law.
2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only
one subject. If two or more subjects are involved, any Councilmember may require a
division, if the subjects can be reasonably divided.
2.5 Right to the Floor. Subject to Section 8.5, any Councilmember or member of City staff
desiring to speak shall be recognized by the Mayor (or the presiding officer in the
Mayor’s absence) at an appropriate time and shall confine his/her remarks to the subject
under consideration or to be considered.
2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of
the Council unless excused. The City Manager may make recommendations to the
Council and shall have the right to take part in all discussions of the Council but shall
have no vote. The City Manager shall be notified of all special meetings of the Council.
2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by
the Council or as requested by the City Manager, and shall, upon request of the Council
or the City Manager, give an opinion, either written or oral, on questions of law.
2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings
of the Council, unless excused, and shall keep the official minutes.
2.9 Officers and Employees. Any officer or employee of the City, when requested by the
City Manager, shall attend meetings of the Council. If requested to do so by the City
Manager, they shall present information relating to matters before the Council.
2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council.
2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State
law may be temporarily suspended by a majority vote of the Councilmembers who are
present. The vote of each person on any such suspension shall be entered in the minutes.
2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly
adopted ordinance.
2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings
not addressed by these Rules, the Charter, or State law shall be determined by the Mayor
(or the presiding officer in the Mayor’s absence).
ARTICLE 3.
TYPES OF MEETINGS
3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by
the Code of Ordinances, Part II, Section 2-2. The Council may also hold regularly
scheduled meetings which may be designated by the Council as “workshop” sessions.
10-22-19 Revised 3
3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or
any three (3) members of the Council. The call for a special meeting shall be filed with
the City Secretary in written form, except that announcement of a special meeting during
any regular meeting at which all members are present shall be sufficient notice of such
special meeting. The call for a special meeting shall specify the day, hour, and place of
the special meeting and shall identify the subject or subjects to be considered.
3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to
a later time, provided that no recess shall be for a longer period than until the next regular
meeting.
3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be
reconvened except by a motion to reconsider prior to any Councilmember’s departure
from the Council chamber. See Sections 9.3 and 9.4.
3.5.Closed Sessions. Closed sessions may only be held in accordance with state law.
3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency
meeting may be called as a special meeting as set forth in Section 3.2, however, an
emergency meeting may not be held unless authorized by, and notice is given in
accordance, with State law.
ARTICLE 4.
PRESIDING OFFICER AND DUTIES
4.1 Mayor. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In
the absence of the Mayor, the Mayor Pro-Tem shall preside. In the absence of both the
Mayor and the Mayor Pro-Tem, the most senior Councilmember (by time of service on
the Council) present shall be the chairperson.
4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in
the Mayor’s absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the
Mayor Pro-Tem, the meeting shall be called to order by the most senior Councilmember
(by time of service on the Council) present.
4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent
personalities from becoming involved during debate or the impugning of members’
motives, and confine Councilmembers in debate to the question under discussion.
4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege,
points of procedure or order, and withdrawals of motions, subject to the right of any
member to appeal to the Council as set forth in Article 9 of these Rules. See Sections
9.3, 9.4, 9.5, 9.6, and 9.8.
4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote
and announce the result. A roll call vote shall be taken on all votes.
4.6 Substitution of Mayor. In the event the Mayor must relinquish the chair, the Mayor shall
call upon the Mayor Pro-Tem to preside if the Mayor Pro-Tem is present. If the Mayor
10-22-19 Revised 4
Pro-Tem is not present, the Mayor may call upon the most senior Councilmember (by
time of service on the Council) present to preside, but such substitution shall not continue
beyond adjournment of that meeting.
ARTICLE 5.
APPOINTMENT PROCEDURES
Article 5 Section 5.1 Appointment Procedure for the Mayor Pro Tem.
(a)The Council will discuss, and with a majority vote, appoint the Councilmember to
serve as the Mayor Pro Tem for the City.
(b)The appointed Mayor Pro Tem must be a Councilmember and must meet the
qualifications of Section 4.02 of the City Charter. In addition, to be appointed to
the position of Mayor Pro Tem, a Councilmember must be an elected member of
Council and a member in good standing.
(c)Term dates for the Mayor Pro Tem position will begin in February and August of
each year (the election dates offset by three (3) months). Terms will sequentially
rotate according to Councilmember place.
(d)If the Councilmember place that is up for appointment as Mayor Pro Tem is
vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro
Tem, the Mayor Pro Tem appointment will go to the next qualified
Councilmember.
(e)The position will have a term of office of six (6) months.
(f)The appointed Mayor Pro Tem may be removed by Council by a two-thirds (2/3)
majority vote of the members of Council at any time during his or her term.
(g)Council reserves the right to alter this procedure at any time by resolution or rule.
5.1 Appointment Procedure for a Councilmember.
(a)The Council may appoint a Councilmember to a vacant seat as authorized by
Section 4.06 of the City Charter.
(b)The Council will announce and advertise on the City’s website and in the City’s
newspaper of record that applications are being accepted for a vacant position on
Council.
(c)A due date for applications to be submitted will be set.
(d)Applicants must meet the qualifications for a Councilmember set forth in Section
4.02 of the City Charter.
(e)Applications will be received by the City Secretary’s office and distributed to all
Councilmembers.
10-22-19 Revised 5
(f)An interview date will be set and posted for a public meeting.
(g)Interviews of prospective candidates will be held in a public forum by a quorum
of Councilmembers.
(h)Councilmembers will discuss, and appoint by majority vote, the new member of
Council at either the same meeting as the interviews or at a subsequent Council
meeting.
(i)The Council is the final judge of whether a candidate is qualified to serve as a
Councilmember as set forth in Section 4.03 of the City Charter.
(j)Council reserves the right to alter this procedure at any time by resolution or rule.
ARTICLE 6.
ORDER OF BUSINESS
6.1 Agenda. The City Manager and the City Secretary shall prepare an agenda for each
meeting of the Council. Items may be placed on the agenda by the City Manager (or in
his absence any Assistant City Manager), the Mayor, or any Councilmember, except that
a Councilmember directing that an item or items be placed on an agenda must do so in
open session, during a properly posted meeting of the Council. Items placed on the
agenda by the City Manager (or in his absence any Assistant City Manager) may be
removed only by the City Manager (or any Assistant City Manager) and he/she may do
so at any time that permits the agenda for the Council meeting to be properly posted by
the City Secretary’s Office under the Texas Open Meetings Act. Items placed on an
agenda by the Mayor may be removed only by the Mayor, and he/she may do so at any
time that permits the agenda for the Council meeting to be properly posted by the City
Secretary’s Office under the Texas Open Meetings Act. Items placed on the agenda by a
Councilmember may be removed only by that specific Councilmember, and he/she may
do so at any time that permits the agenda for the Council meeting to be properly posted
by the City Secretary’s Office under the Texas Open Meetings Act.
(a)Information Required. Any item to be on the agenda must be provided to the City
Manager pursuant to a procedure established and modified by the City Manager
from time to time. Each item on the agenda must contain sufficient information
so that full disclosure of the item to be addressed is present so as to alert the
Council and the public of the topic to be considered.
(b)Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all
items for consideration in a format recommended by the City Manager. The name
of the person or persons placing an item on the agenda and the name of any
expected staff presenter shall be stated on the agenda.
(c)Copy Provided to Mayor and Council Members. The City Secretary shall furnish
the Mayor and each Councilmember a copy of the agenda, including the proposed
ordinances, resolutions, petitions, notices, or other materials as required. Copies
of attachments and background material will generally be provided for the initial
10-22-19 Revised 6
presentation only and should be retained by the Mayor and the Councilmembers
until such time as the item is finalized.
(d)Copy Available to Public. A copy of the agenda, with or without attachments as
determined by the City Manager, shall be made available to the public at City
Hall prior to the meeting. Copies of the agenda shall be available to the public at
the meeting.
(e)Order; Exception. The ordinances, resolutions, and other proposed actions shall
be taken up and disposed of by the Council in the order listed in the agenda,
subject to the right of the presiding officer to take up matters in a different order.
(f)Chair Shall Not Entertain Objections. An agenda item properly placed on a future
agenda by a member of Council during open session shall not be subject to
objection by another member.
6.2 Communication to Mayor and Council. The City Manager shall provide the Council with
a copy of each ordinance or resolution and appropriate analysis of items proposed to be
acted upon by the Council at a meeting. These communications shall be delivered to the
Mayor and Councilmembers along with the agenda. This information should also be
retained by the Mayor and Councilmembers until such time as the item is finalized. Staff
members, in making presentations to Council at a meeting of the Council, should
endeavor to restrict their presentations to five (5) minutes, excluding responses to
questions by the Mayor and/or Councilmembers.
6.3 Approval of Minutes. Minutes may be approved without public reading if the City
Secretary has previously furnished the Mayor and each Councilmember with a copy
thereof.
6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor
and each Councilmember may bring before the Council any business that person believes
should be brought up during the “Requests by Mayor and Councilmembers” and
“Announcements by Mayor and Councilmembers” portions of the agenda. These matters
need not be specifically listed on the agenda unless the person desiring to make a
comment knows prior to posting of the agenda that he/she will make such comment. In
response to an unposted comment, there (1) may only be a statement of factual
information in response, (2) a recitation of existing City policy, or (3) discussion
regarding a proposal to place the subject on the agenda for a subsequent meeting.
6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant
City Manager) with respect to items believed to be non-controversial, the City Secretary
shall place multiple items on a “Consent Agenda” portion of the agenda, subject to the
right of the Mayor or any Councilmember to request at the meeting that any one or more
of such items be removed from the Consent Agenda for individual consideration. First
readings of ordinances shall in all events be posted for individual consideration and shall
not be included on the Consent Agenda.
10-22-19 Revised 7
ARTICLE 7.
CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be
presented to the Council only in printed, typewritten, or electronic form.
7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City
Manager or his designee.
7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form
and legal content by the City Attorney, when requested by the Mayor or the City
Manager.
7.4 Funding. All actions authorizing an expenditure of money shall include the exact source
of the funds to be expended.
7.5 Reading of Caption Only. Upon being introduced, each proposed ordinance or resolution
shall be read by caption only.
7.6 Ordinances—Two Readings; Emergencies. Ordinances introduced at a Council meeting
shall not be finally acted upon until at least the next regular meeting, except that
immediate action may be taken upon an emergency as determined by the Council in
accordance the Charter or State law.
7.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all
ordinances and resolutions and shall be entered in the minutes of the Council.
7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise
required by these Rules, the Charter, or State law, shall require the affirmative vote of
four (4) Councilmembers who are present and eligible to vote.
7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive
vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as
presiding officer shall not be restricted to voting only in the event of a tie.
7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance
on second reading or on a single reading as an emergency, the City Secretary shall assign
a number to each ordinance or resolution within the records of the City.
7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the
presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and
it shall be filed and thereafter preserved in the office of the City Secretary.
ARTICLE 8.
RULES OF DECORUM
8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the
Council without first being recognized by the presiding officer.
10-22-19 Revised 8
8.2 Order. While the Council is in session, the Councilmembers must preserve the order and
decorum of the meeting, and a Councilmember shall neither, by statement or otherwise,
delay or interrupt the proceedings or the peace of the Council or disturb any other
Councilmember while speaking or refuse to obey the orders of the presiding officer.
Councilmembers are expected to remain on the dais during a Council meeting unless they
have good cause to vacate.
8.3 Presiding Officer. The Mayor or the Mayor Pro-Tem or such other member of the
Council who is serving as the presiding officer may participate in debate, subject only to
such limitations of debate as are the rights and privileges of a Councilmember by reason
of such Councilmember acting as the presiding officer. If the presiding officer is
engaged in debate and is, at the insistence of four (4) Council members, abusing the
position of the presiding officer, the presiding officer must relinquish the chair to the
Mayor Pro-Tem, or in his/her absence, to the next most senior Councilmember (by time
of service on the Council) present. The Mayor Pro-Tem or such other member, other
than the Mayor, who is serving as presiding officer may move, second, and debate from
the chair, subject only to such limitations of debate as are the rights and privileges of a
Councilmember by reason of the member acting as the presiding officer.
8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to
Section 2.5 or 8.5, he/she shall avoid all references to personalities and indecorous
language.
8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor
or another Councilmember when speaking unless it is to raise a point of privilege
(Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to
withdraw a previously-stated motion (Section 9.8), or as otherwise provided in these
Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the
Councilmember so interrupted should cease speaking until the question is determined.
ARTICLE 9.
MOTIONS AND MEETING PROCEDURES
9.1 Motions. A Councilmember, after he/she obtains the floor, or the Mayor may make a
motion on the particular subject of discussion or a procedural point as permitted. A
“Second” to the motion, if required, must be made by a Councilmember who did not
make the motion within a reasonable but brief time period. The Mayor may not
“Second” a motion. A motion or a “Second” merely implies that the maker of the motion
and the person who “Seconds” agree that the motion should come before the meeting and
not that he/she necessarily favors the motion. Without a “Second”, if required, the
motion dies.
9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion
as stated by the presiding officer.
9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories:
Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions
10-22-19 Revised 9
(1 type)
*. When any motion is pending, any motion listed above it on the chart below is
in order; those below it are out of order.
Motion
May
Interrupt
Speaker
Second
Required Debatable Amendable
Resolved
by Chair
No Vote
Affirmative
Vote by 4
Council-
members
2/3
Vote
A.Meeting Conduct Motions
1. point of privilege yes no no no yes no no
2. point of procedure or order yes no no no yes no no
3. to appeal a ruling no yes yes no no yes no
4. to recess no yes yes yes no yes no
B.Disposition Motions
5. to withdraw yes no no no yes no no
6. to postpone no yes yes yes no yes no
7. to refer no yes yes yes no yes no
8. to amend no yes yes yes no yes no
9. to limit or close debate or
”call the question”
no yes yes yes no no yes
10.to extend debate no yes yes yes no yes no
11.to count the vote no yes no no no**no no
C.Main Motions
12.to reconsider yes yes if original
motion
was
debatable
no no yes no
13.to rescind no yes yes yes no no yes
14.to take action no yes yes yes no Yes***no
**Mandatory if seconded; no vote required
***Unless a greater vote is required by the Charter or State Law
9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is
a communication from a Councilmember to the presiding officer, drawing urgent
attention to a need for personal accommodation. For example, the point may relate to an
inability to see or hear, a matter of comfort, a matter of requested convenience, or an
*Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order,
ABA Publishing, 2nd Edition.
**Mandatory if seconded; no vote required
10-22-19 Revised 10
overlooked right of privilege that should have been accorded to the Councilmember(s).
In essence, it is a call to the presiding officer for the purpose of assuring a
Councilmember’s convenient and appropriate participation in the meeting. Because of its
urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the
attention of and action by the presiding officer, it cannot be debated or amended, and no
vote is required.
9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a
question addressed to the presiding officer, no seconding is required, and either inquiring
into the manner of conducting business or raising a question about the propriety of a
particular procedure. It is simply an inquiry and is resolved by correction or clarification
by the presiding officer. A point of procedure can interrupt a speaker. Because it is
addressed to the attention of and action by the presiding officer, a second is not required,
and it cannot be debated or amended, and no vote is taken.
9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions
of procedure, except that any ruling by the presiding officer’s ruling can be appealed to a
vote of the Council. Whenever a Councilmember questions the appropriateness or
essential fairness of the presiding officer, that member can appeal the ruling to a vote of
the meeting. If, however, a motion is out of order as a matter of law (not a proper subject
of the meeting, improper notice given, etc.), the presiding officer’s ruling cannot be
appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a
second is required. The motion is subject to debate (which should be brief) and, by its
nature, is not amendable. To overrule a procedural decision of the presiding officer, an
affirmative vote of four (4) Councilmembers is required.
9.7 To Recess. A motion to recess requests a brief interruption of the meeting’s business,
usually so that an ancillary matter can be addressed, or simply to provide a needed break.
Unless stated in the motion, the period of recess is decided by the presiding officer. If
necessary, a recess can extend the meeting from one day to another, subject to State law.
The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be
amended, and an affirmative vote of four (4) Councilmembers is required.
9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is
essentially a communication to the presiding officer that the maker is withdrawing his/her
proposal. This is the maker’s privilege; thus, it does not require a second. Because the
withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because
another Councilmember later can make a similar motion, a withdrawal motion is not
subject to debate, amendment, or vote. The presiding officer should simply state that the
motion is withdrawn, and the meeting should proceed with a new treatment of the issue at
hand—or a new issue.
9.9 To Postpone or Extend. These motions may arise from a need for further information, a
matter of convenience, or for any other reason that will enable the Council to deal with
the issue more effectively during the same meeting or at a later time. Unless otherwise
specifically provided in the motion itself, a postponed or extension motion can be
renewed at a later appropriate time during the meeting or, if properly posted, at a later
meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and
10-22-19 Revised 11
it is amendable (particularly as to postponement, timing), and an affirmative vote of four
(4) Councilmembers is required.
9.10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually
for study leading to a subsequent recommendation. Because it ordinarily disposes the
motion for purposes of the current meeting, a motion to refer is subject to the same rules
that apply to a main motion. (See Section 9.14). This motion cannot interrupt a speaker,
and a second is required. It is debatable and amendable, and an affirmative vote of four
(4) Councilmembers is required.
9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under
consideration. When a motion to amend is pending and an amendment to the amendment
is proposed, the presiding officer should focus discussion on the latest amendment,
resolve that question, then proceed to the first amendment before continuing discussion
on the main motion. Votes on amendments are thus in reverse order of the sequence in
which they are proposed. A motion to amend cannot interrupt a speaker. It requires a
second, and it is debatable and amendable. An affirmative vote of four (4)
Councilmembers is required for approval of the amendment. Note that State law may
restrict amendments to proposals that are required to be set forth in the notice of the
meeting.
9.12 To Limit or Close Debate or “Call the Question”. Because the extent to which an issue is
discussed rests primarily with discretion of the presiding officer, it is the presiding officer
who carries the burden of ensuring that adequate time and discussion are given to
differing points of view. A motion to limit or close debate is therefore an overruling of
the presiding officer’s determination. A motion to close debate is the same as a motion to
“call the question”. Because this motion affects the most fundamental right of any
Councilmember, the right to speak one’s views, it is the only procedural motion that
requires an affirmative vote of two-thirds of participants voting.
9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances
where the convenient hearing of “yeas” and “nays” cannot clearly resolve the issue. It
represents the right of a Councilmember to have a vote demonstrated by count. That
count can be directed by the presiding officer either as a showing of hands or a standing
of voting members while the vote is recorded. Upon completion of the count, the
presiding officer announces the result—and final disposition of the issue voted upon.
This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor
amendable; and, because of the importance of the matter, it should be considered
mandatory; thus, no vote is required.
9.14 Motion to Reconsider. Allows a main motion to be brought back before the City Council
for consideration. May be made only at the meeting at which the vote to be reconsidered
was taken. It may be made by any member of City Council. Any City Council member
may second it. It can be made while any other question is pending, even if another
member has the floor. It requires a majority vote to pass. A motion may only be
reconsidered twice. If the reconsideration is moved while another subject is before the
City Council, it cannot interrupt the pending business, but, as soon as the pending
business has been disposed of the motion has the preference over all other main motions
10-22-19 Revised 12
and general business of the agenda. In such a case the Mayor does not state the question
on the reconsideration until the immediately pending business is completed.
9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may
only be made when there is nothing else before the City Council and must be made at the
same meeting at which the subject matter of the motion was considered, and it requires a
two-thirds vote of the City Council members. It cannot be made if a motion to reconsider
has been previously made. The motion to rescind can be applied to votes on all main
motions with the following exceptions: votes cannot be rescinded after something has
been done as a result of that vote that the City Council cannot undo; or, where a
resignation has been acted upon, or one has been appointed to, or expelled from, a
committee or office, and was present or was officially notified. In the case of expulsion,
the only way to reverse the action afterwards is to restore the person to the committee or
office, which requires the same preliminary steps and vote as is required for the original
appointment.
9.16 To Take Action; Main Motions. Main motions state proposed policy or action on a
substantive issue being considered by the Council. As such, the motion is an initial call
to take particular action. Although lowest in precedence among all motions, main
motions are clearly the most important: through their content, the business decisions of
the Council are determined. A main motion can be made only when a prior main motion
has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable
and amendable; and an affirmative vote of four (4) Councilmembers is required unless a
greater vote is prescribed by the Charter or State law.
9.17 Effect of Abstentions; action on required Abstentions; Effect of non-required
Abstentions. The following rules shall apply when a Council Member abstains from
voting on an item:
When the Council Member is Legally Obligated to Abstain.
When a Council Member is legally obligated to abstain from voting pursuant to Texas
Local Government Code Chapter 171, a local ordinance or the City Charter then the
Council Member shall leave the dais and exit City Council Chambers until such time as
the debate and vote on the item has been concluded. The City Secretary shall record that
the Council Member left the room and abstained from the vote in the official minutes and
there shall be no other effect.
When the Council Member as no Legal Obligation to Abstain from Voting.
When a Council Member has no legal obligation to abstain from voting then an
abstention shall be recorded in the minutes as an abstention and shall procedurally be
treated as a “no” vote.
ARTICLE 10.
ENFORCEMENT OF DECORUM
10.1 Warning. All persons other than a recognized speaker shall, at the request of the
presiding officer, be silent. If, after receiving a warning from the presiding officer, a
10-22-19 Revised 13
person persists in disturbing the meeting, the presiding officer may order the person to
leave the meeting. The Chief of Police, or such member or members of the Police
Department or other persons as the presiding officer may designate, shall be sergeant-at-
arms of the Council meetings. If the person so requested does not leave the meeting, the
presiding officer may order the sergeant-at-arms to remove such person.
10.2 Removal. Any designated sergeant-at-arms shall carry out all orders and instructions
given by the presiding officer for the purpose of maintaining order and decorum at the
Council meeting. Upon instruction of the presiding officer, it shall be the duty of the
sergeant-at-arms to remove from the meeting any person who intentionally disturbs the
proceedings of the Council (or successor provision of law).
10.3 Resisting Removal. Any person who resists removal by the sergeant-at-arms shall be
charged with violating Section 42.05 (a) of the Texas Penal Code.
10.4 Motions to Enforce. Any Council member may move to require the presiding officer to
enforce these Rules and the affirmative vote of a majority of the Councilmembers present
and eligible to vote shall require the presiding officer to do so.
10.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups
of persons so as to render the orderly conduct of such meeting unfeasible and when order
cannot be restored by the removal of the individuals who are creating the disturbance, the
meeting may be adjourned and the remaining business considered at the next regular or a
special meeting or, subject to State law, may be recessed to a set time and date.
ARTICLE 11.
CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS
11.1 Standing Committees. The Council may create committees, boards and commissions to
assist in the conduct of the operation of the City government with such duties as the
Council may specify not inconsistent with the Charter, the Code of Ordinances, or State
law. Membership and selection of members shall be as determined by the Council if not
specified by the Charter, the Code of Ordinances, or State law. No person may
concurrently serve on more than one Board unless, by virtue of his/her position on the
Council, he/she also holds a position on another Board. Persons related within the second
degree by affinity or consanguinity to the Mayor or any member of the Council shall not
be eligible to serve on a standing committee. No standing committee so appointed shall
have powers other than advisory to the Council or to the City Manager, except as
otherwise specified by the Charter, the Code of Ordinances, or State law.
11.2 Special Committees. The Council may, as the need arises, authorize the appointment of
“ad hoc” Council committees. Except where otherwise specifically provided by the
Charter, the Mayor and the City Council shall appoint the members of the special
committees. Any committee so created shall be given a “mission statement” directing its
activities. Any special committee shall cease to exist upon the accomplishment of the
special purpose for which it was created or when abolished by a majority vote of the
Councilmembers present and entitled to vote.
10-22-19 Revised 14
ARTICLE 12.
CITIZENS RIGHTS
12.1 Addressing the Council. Any person desiring to address the Council by oral
communication shall first secure the permission of the presiding officer.
12.2 Manner of Addressing the Council Time Limit. Each person addressing the
Council shall speak at the podium into the microphone (or at another designated
location), shall give his/her name and address in an audible tone of voice for the
record, and, unless further time is granted by the Council, shall, subject to Section
12.4 below, limit his/her remarks to three (3) minutes or less. A person who addresses
the Council through a translator will limit his/her remarks to six (6) minutes or less. All
remarks shall be addressed to the Council as a body, and not to any individual
member thereof. No person, other than members of the Council or City staff (when
requested by the presiding officer) and the person having the floor, shall be permitted
to enter into any discussion, either directly or through the members of the Council,
unless requested or approved by the presiding officer. No questions shall be asked the
Councilmembers, except through the presiding officer. Responses to questions may be
limited as required by State law.
12.3 Personal and Slanderous Remarks. Any person making personal,
impertinent, or slanderous remarks, or who shall become boisterous, either while
addressing the Council or otherwise while in attendance at a Council meeting, may
be requested to leave the meeting, pursuant to Article 10 of these Rules, and may be
removed from the meeting if necessary for the conduct of the remainder of the
meeting. This is not intended to prohibit public criticism of the Council, including
criticism of any act, omission, policy, procedure, program, or service unless such is
otherwise prohibited by law.
12.4 Public Hearings. After being recognized by the presiding officer, interested persons, or
their authorized representatives, may address the Council with respect to the subject
matter of a public hearing being conducted. The presiding officer may establish
procedures at a public hearing to limit the amount of time (which, unless modified by the
presiding officer, shall be as set forth in Section 12.2 above) interested persons may
speak, subject to the Councilmembers’ right to appeal the presiding officer’s ruling
pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to
the Councilmembers’ right of appeal pursuant to Section 9.6, the normal order of a public
hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a
modified public hearing procedure by the presiding officer; (ii) address to the Council by
any interested person(s); (iii) discussion by the Mayor and Councilmembers, including
requests for information from City staff or any person(s) who addressed the Council; and
(iv) action by the Council, if any is posted on the agenda relating to the hearing.
12.5 Written Communications. Interested persons, or their authorized representatives, may
address the Council by written communication in regard to any matter concerning the
City’s business or over which the Council has control at any time by direct mail or by
addressing the City Secretary, who shall, on the request of the writer, distribute copies to
the Councilmembers.
10-22-19 Revised 15
12.6 Hearing of Residents. There shall be included on the agenda of each City
Council meeting, prior to any items listed on the agenda for action to be taken, an item
labeled "Hearing of Residents". After being recognized by the presiding officer,
members of the public (giving precedence to residents of the City) may address the
Council on items on or not on the agenda at that time, providing they have completed
the "Hearing of Residents" form, unless authorized by the presiding officer. The
form shall be made available to persons wishing to address the Council prior to the
calling of the meeting to order and such completed form shall be made available to
the presiding officer prior to the calling of the meeting to order. The persons signed up
for "Hearing of Residents" must speak during the "Hearing of Residents" portion of
the meeting. Councilmembers and members of City staff may not discuss unpasted
items nor take any action thereon other than to (1) make a statement of factual
information, (2) make a statement of existing City policy, or (3) discuss placing the
item on a future agenda. Persons speaking shall be subject to the time limits set forth
in Section 12.2, unless otherwise authorized by the presiding officer.
ARTICLE 13.
COUNCIL AND STAFF RELATIONS
13.1 City Manager to Provide Information. The City Manager is directly responsible for
providing information to all the Councilmembers concerning any inquiries by a specific
Councilmember. If the City Manager or his staff’s time is being dominated or
misdirected by a Councilmember, it is his responsibility to inform the Mayor or the
Council as a whole.
13.2 City Manager’s Responses to Requests. The City Manager is expected to respond in a
timely manner to the Council and Councilmember’s requests. When information is
requested, the City Manager will estimate a reasonable time frame for collecting the
requested information.
(a)If the City Manager disagrees with the request, he should say so and explain his
position.
(b)If the City Manager disagrees with individual directives, he should initiate
clarification of the Council’s will with regard to the individual
Councilmember’s request.
(c)The City Manager may delegate responsibility for the response as necessary and
appropriate, but the City Manager will be responsible for its receipt by the
Council in a timely manner.
(d)The City Manager should maintain a checklist and timetable for requests and
other directives of the Council.
(e)All Councilmembers will be provided the same written information when any
matter under consideration may be of general concern to the Council. There will
be no preferential dissemination of information by the City Manager or his staff.
10-22-19 Revised 16
13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a
consensus of the Councilmembers present will be required to direct the City Manager to
take any action.
13.4 City Manager’s Duty to Inform. The City Manager is responsible for keeping the
Council informed. The Council should be provided weekly reports outlining progress on
outstanding issues as well as information on new issues and opportunities. Additionally,
the Council should be informed of City news prior to release of such information to the
community, newspaper(s), or other governmental entities, etc.
13.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures
for handling customer concerns in all departments with prompt feedback to citizens and
Councilmembers.
13.6 City Manager/Council Relations. The City Manager should strive to maintain positive
relations with the Council by following these guidelines:
(a)Work to establish mutual trust with the Council.
(b)Maintain open lines of communication with the Council and keep Council
informed.
(c)Inform all Councilmembers of educational opportunities, recognizing that an
educated Council is in the City’s best interest.
(d)Include the Council in City-sponsored employee social events.
(e)Conduct orientation sessions for new Councilmembers, including a tour of City
buildings and introductions to staff.
***
Amended: October 22, 2019
Agenda No. 12.
CITY COUNCIL MEMORANDUM
City Council
Meeting:December 8, 2020
Department:City Secretary
Subject:City Council Code of Ethics - Discussion regarding possible changes to the current
City Council Code of Ethics. (Mayor/Council)
BACKGROUND
The last time the City Council Code of Ethics were reviewed was in September of 2018. Since that time
new members of Council have been elected and seated.
Council to review and propose possible changes if necessary and direct staff to prepare a revised
ordinance to bring back at a future date for approval.
Attachments
Code of Ethics
Agenda No. 13.
CITY COUNCIL MEMORANDUM
City Council
Meeting:December 8, 2020
Department:Planning & Community Development
Subject:Chapter 18 Building and Building Regulations - Workshop and discussion related to the
update of Schertz Code of Ordinances, Chapter 18 Building and Building
Regulations and local amendments.
BACKGROUND
The City of Schertz Planning and Community Development Department – Inspections Division has
determined a need to amend the City’s adopted building codes regarding sanitation, fire, building,
plumbing, mechanical, fuel/gas and electrical requirements and would like to get feedback and direction
from City Council from a policy standpoint before moving forward with recommendations to the
Building and Standards Commission and eventually City Council.
The purpose of the building code is to establish the minimum requirements to provide a reasonable
level of safety, public health and general welfare through structural strength, means of egress facilities,
stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property
from fire, explosion and other hazards, and to provide a reasonable level of safety to firefighters and
emergency responders during emergency operations.
When adopting new or amended International Building Codes cities generally adopt some local
amendments. Local amendments are adopted to mitigate regional climate (i.e weathering),
environmental conditions (i.e. wind, flooding, wildfire, etc.), geological, topographic and natural
hazards. Some of those amendments are part of the building appendix written by the International Code
Council for municipalities to adopt new construction practices or trending construction and some are
local and base on industry professional recommendations.
Municipalities adopt new building codes because of industry standard changes and to provide for
implementation of new construction practices and improvements in safety standards for the safety and
welfare of the community. The codes are also intended to ensure the proper construction of structures
built and to follow compliance with the requirements of the Insurance Service Office Inc. (ISO) which
regulates estimated insurance costs. The ISO program evaluates a community’s building code
enforcement with the intent to encourage code compliant construction ultimately providing discounts on
property insurance within municipalities with effective codes adopted and that are well-enforced.
City staff holds monthly contractors’ meetings (a short hiatus during COVID) to discuss construction
practices and gain input from the development/construction community. Homebuilders, Electricians,
Plumbers, Mechanical Contractors, Greater San Antonio Builder Association, and other Professional
Individuals have provided input on codes that they feel need to be amended through these meetings.
Staff is prepared to propose those requested changes.
The City of Schertz Code of Ordinances, Chapter 18 includes mandates that provide for future code
adoptions which are consistent with the standards adopted by the State of Texas. The State of Texas
does allow for municipalities to adopt local amendments to those mandated standards. The following
codes are currently being regulated through those mandates:
National Electrical Code 2020 – enforcement started November 1, 2020 as mandated by the State
of Texas.
1.
International Energy Conservation Code 2015 as mandated by the State of Texas.2.
International Swimming Pool and Spa Code 2018 (ISPSC) as mandated by the State of Texas.3.
The City currently regulates construction under the 2012 ICC Codes and will be requesting to adopt the
2018 ICC Codes with some local amendments as listed below:
International Building Code (IBC) 20181.
International Residential Code for One and Two Family Dwellings (IRC) 20182.
International Fuel Gas Code (IFGC) 20183.
International Mechanical Code (IMC) 20184.
International Plumbing Code (IPC) 20185.
International Existing Buildings Code (IEBC) 20186.
Manual of Cross Connection Control, Tenth edition 7.
Staff has been reviewing the adopted local amendments and is preparing modifications to provide less
oversight in certain areas, to reduce overall cost to the contractor and property owner and to gain
efficiency for department staff for example:
Foundation documents: The City adopted additional foundation regulation several years ago
which included 10 documents of which many require a register engineer to prepare. These
regulations are local amendments and not required by the International Building Code. Staff
would like to propose that Council consider only requiring 3 of those documents to release a
residential Certificate of Occupancy instead of 10. This will benefit both the contractor,
homeowner, and City by reducing the cost of project as each letter could cost the contractor as
much as $400 for preparation cost, save time in the contractor’s project management and
reduce staff time collecting reviewing and managing the documents which will allow staff to
work with residents and contractors on other construction projects.
1.
Contractors registration: The City requires that contractors show proof by providing a copy of
their general liability insurance in the amount of $300,000.00 for all contractors. All trades that
are regulated by the State of Texas such as Electricians, Plumbers, Air Conditioning Contractors
and other state regulated licensed contractors are required to submit insurance to the State of
Texas. The State of Texas through the Texas Department of Licensing and Regulation, the Texas
State Board of Plumbing Examiners and the Texas Commission on Environmental Quality control
the amount of insurance required per trade and this amount is subject to change. Contractors not
maintaining minimum insurance requirements are not allowed to work in the State of Texas and
are subject to fines and penalties. Staff would like to propose to continue to license and require
insurance for General Contractors (builders, etc.) only, as they are not State regulated, but not any
State Licensed contractor. The State of Texas provides guidelines and timeframes for contractors
to provide insurance information to anyone wanting to file a claim against a licensed company.
The benefits will include a time savings for both the contractor, insurance company and the City
which will result in the contractor submitting less paperwork, insurance company has one less
place to submit documents which holds up permitting at times when staff has to wait on the
certificate to be submitted and staff managing and tracking the insurance certificates.
2.
Staff is prepared to remove some the local amendments because the code books have caught up to
our adopted local amendments and others to follow the minimum code standards set forth in the
ICC Code books for example removing three amendments related to a Bathroom Branch Circuits,
Minimum Ampacity and size, and Dwelling Unit receptacle outlet requirements are just a few.
Additionally, Staff is preparing to add a permit exemption for Pergolas, Arbors and Trellis
structures less than 300 square foot in size.
3.
The public input meetings moving forward will include:
December 2020 – Workshops with City Council and Building and Standards Commission
January 2021 - Stakeholder meetings (Contractors, Builders, GSABA); Building and Standards
Commission for in-depth presentation.
February 2021 - Stakeholder meetings (Contractors, Builders, GSABA); Building and Standards
Commission for recommendation
March 2021 – City Council presentations
Agenda No. 15.
CITY COUNCIL MEMORANDUM
City Council
Meeting:December 8, 2020
Department:Library
Subject:Library Projects - Update on Library Projects. (M. Browne/B. James/M.
Uhlhorn)
BACKGROUND
This is an update on the progress of miscellaneous Library projects begun in 2020.
ESC Fiber20 Project (Completed)
In April 2020, the City of Schertz entered into an Interlocal Agreement with Educational Service Center
Region 20 to participate in the Fiber20 consortium. The consortium was created to build a new fiber
ring network in order to provide high speed Internet access to public schools and libraries across 20
counties.
New fiber was installed by the contractor in front of the library along Schertz Parkway in April. The
connection to the library was completed in May. The Internet service provider began
providing service in late July/early August. The City's IT department tested the new network during
September before completely switching over to it in late October/early November.
Participation in this consortium provides us with Internet speeds between 1-10 Gbps, depending on our
equipment capabilities, while lowering our monthly service costs from $515/month to only $170/month.
Previous Internet service from Spectrum was for a much slower 50 Mbps connection.
Bexar County BiblioTech Hotspot Project (Completed)
As part of the Federal government’s response to the COVID emergency, CARES grant funds were
made available to state and local governments to help manage the effects of the pandemic. Because of
the shift to remote work, schooling, health and other services, Internet access has become a necessity in
this crisis. At the same time, the digital divide has worsened due to the loss of income from furloughs
and business closures. Libraries traditionally fill the gap with public Internet access but all libraries in
the area were closed. To help fill the need, BiblioTech Library applied for and received funds to
purchase mobile hotspots to make Internet service available to all in Bexar County who needed it. To
help distribute the hotspots, BiblioTech partnered with other local public libraries. In July 2020, the
City of Schertz signed an Interlocal Agreement with Bexar County and BiblioTech to circulate hotspots
through our library. The Library received 100 hotspots, processed them and made them available for
circulation to any Schertz library cardholder, just in time for the return to school. Since August, hotspots
have circulated over 200 times, and approximately half of them are checked out at any one time.
According to feedback from customers, they are mainly being used to help alleviate bandwidth
problems for households with multiple children involved in remote schooling, but others are using them
for business purposes. One customer checked one out to use when meeting with clients in outside
venues. He could meet outdoors with them and still have online access to his businesses web page.
There is also at least one instance of a homebound customer using one to gain access to the Internet. He
never had Internet service before, but was able to use the hotspot for entertainment and keeping in
contact with others during COVID restrictions.
contact with others during COVID restrictions.
Workforce Solutions Alamo (WSA) Memorandum of Agreement (In Process)
Workforce Solutions Alamo (WSA) is the governing board for a 13-county regional workforce
system—a network of service providers and contractors that brings people and jobs together. At the
beginning of FY 19-20, WSA approached the Library about housing one of its job seeker computer
kiosks to make it easier for people in the immediate area to apply for jobs, receive mentoring and set up
childcare. Work on the project was delayed for a number of months because of the pandemic,
but a Memorandum of Agreement solidifying the partnership was signed in July 2020. Under the
agreement, the Library will house WSA's computer kiosk in a room that previously housed a print
release station. As part of the agreement, the City added a door to the room to provide privacy to kiosk
users. WSA will supply all equipment, furniture and their own dedicated Internet service to the
space. The door installation project was completed in September, and WSA has scheduled Internet
installation the first week in December. The kiosk should be installed shortly thereafter, with the kiosk
available to the public at the beginning of 2021. The City has completed all assigned tasks on this
project and is waiting for WSA to complete the furnishing of the room.
TSLAC CARES Grant (In Process)
In April 2020, Texas State Library and Archives Commission (TSLAC) received a portion of Texas'
CARES funds to help Texas public libraries manage the effects of the pandemic. Two million dollars
was made available to libraries through two rounds of reimbursement grants. Schertz Public Library
applied for funds during the first round of grants in May 2020. In August, the Library received
word that we would receive $24,702 in grant funds, one of only 38 libraries to receive funds in the first
round. The funds are to be expended by July 1, 2021.
The grant request included different projects to help the Library provide services during the pandemic,
including:
Equipment to help staff share computer desktops with customers in order to provide technology
help
Equipment to create videos for virtual programming
A new educational online service called Niche Academy which provides tutorials and online
learning tools
A new online tool for the business community and job-seekers called AtoZ Databases
A new online crafting database called CreativeBug
New e-books and e-audiobooks for our cloudLibrary and Overdrive platforms
The addition of a mobile check-out module to our circulation system for easy, contactless
check-out for customers who need to limit their exposure to people and surfaces
The first five projects in the bulleted list have been completed. The equipment has been installed and
staff are using it to provide computer help from a distance rather than stand next to the customer. The
video equipment is being used to create online content. AtoZ Databases, Niche Academy and
Creativebug are all available on our electronic resources web page as of November 25.
The first round of reimbursement requests was submitted October 1; the second round on December 1.
The purchase of additional digital content is scheduled for February 2021. Work has begun on the
mobile check-out module, but is not scheduled for completion until after the beginning of 2021. All
grant projects are on schedule and should be completed well before the grant deadline.
Library Operation During COVID
Library operations have been greatly impacted by the pandemic. The attached document highlights the
ways we've successfully adapted our operations.
Attachments
Library Information for Council
Agenda No. 16.
CITY COUNCIL MEMORANDUM
City Council Meeting:December 8, 2020
Department:Engineering
Subject:Monthly update - on major projects in progress/CIP. (B. James/K. Woodlee)
Attachments
December 2020 Major Project Update
Informational Only
CITY COUNCIL MEMORANDUM
City Council Meeting: December 8, 2020
Department: City Manager
Subject:Update on Major Projects in
Progress
Background
This is the monthly update on large capital projects that are in progress or in the planning
process. This update is being provided so Council will be up to date on the progress of these
large projects. If Council desires more information on any project or on projects not on this
list, please reach out to staff and that information will be provided.
Facilities Projects:
1. 27 Commercial Place Renovation:
o Project Status: Design Phase
o Estimated Construction Start: Spring 2021
o Estimated Cost of Construction: $1.65 million
o Project Update: City Staff continues to work with F.A. Nunnelly and Sledge
Engineering on the design phase. The 50% design was reviewed by City Staff and
comments were conveyed to the design team in November. It is expected that 95%
plans will be submitted to the City for review in early January.
2.Civic Center Kitchen Remodel
o Project Status: Phase 1 under Construction, Phase 2 in Planning
o Estimated Construction Start: October 2020
o Estimated Completion: February 2021
o Estimated Project Cost: $168,000
o Project Update: Phase 1 is the Grand Ballroom Kitchen and has begun
construction. The City Staff are coordinating construction around Civic Center
reservations. Phase 1 is 60% complete. The demo and flooring are complete. The
Make Up Air unit is at 90%. The Range Hood is at 60% complete. Phase 2 is the
Blue Bonnet Kitchen and will remain operational until Grand Ballroom Kitchen is
complete.
3.Emergency Services Restroom Remodel Project
o Project Status: Phase 1 is Substantially Complete, Phase 2 under Construction,
Phase 3 in Planning
o Estimated Construction Start: August 2020
o Estimated Completion: January 2021
o Cost of Construction (All Phases): $224,075.00
o Project Update: Fire Station 1 is Phase 1 of the project and has been substantially
completed and undergoing punch work. The Police Station is Phase 2 of the
Emergency Services Restroom Remodel Project and is underway and due to be
complete the week of 12-7-20. Phase 3 of the project will be EMS Station 1 and
will begin once Phase 2 is complete.
4.Remodel Building 11 on Commercial Place
o Project Status: Complete
o Estimated Start: Summer 2020
o Estimated Completion: November 2020
o Project Update: Certificate of Occupancy is awarded and remodel is complete.
Engineering Department has started relocating to office space portion of building
and look to be 80% complete.
Streets Projects:
1.Westchester Sidewalk Phase II (Valley Forge to Gettysburg Drive)
o Project Status: Construction Phase
o Estimated Start: October 2020
o Estimated Completion: November 2020
o Cost of Construction: $49,492.00
o Project Update: C-3 Environmental has completed installation of the sidewalk and
ADA ramps. GVEC has relocated the few utility poles that were in conflict with
the project. Only final clean up and restoration work remains in order to complete
the project.
2.Curtiss Avenue Sidewalk
o Project Status: Construction Phase
o Estimated Start: October 2020
o Estimated Completion: January 2021
o Cost of Construction: $314,289.00
o Project Update: C-3 Environmental began installing the new sidewalk at FM 1518
and working towards Schertz Parkway. As of early December, the sidewalk had
been installed from FM 1518 to almost Pfeil Street. Retaining walls have been
installed up to Randolph Avenue as well. GVEC has relocated the necessary utility
poles out of the path of the sidewalk.
Drainage Projects:
1. Castle Hills Channel, Colony Drive Channel, Osage Avenue Channel
o Project Status: Under Construction
o Estimated Start: November 2020
o Estimated Completion: Spring 2020
o Cost of Construction: $378,425.15 (NTE $416,267.68)
o Project Update: C-3 Environmental is mostly complete with the Colony Drive
Channel and plan to be fully complete in early December. C-3 plans to begin work
on the Castle Hills Channel in early December. The Castle Hills Channel is
expected to take about six weeks to complete and then C-3 will begin the Osage
Avenue Channel.
2.Savannah Pond, Westchester Channel, Arroyo Verde
o Project Status: Design Phase
o Consultant: Ford Engineering
o Estimated Construction Start: Spring 2021
o Project Update: No change from previous update. Design is 90% complete on the
project. City Staff is reviewing the plans and will provide comments to the design
consultant. The project is expected to be advertised for bid in early 2021.
3. Fire Station #2 Channel Improvements
o Project Status: Design Phase
o Consultant: Ford Engineering
o Estimated Construction Start: Early 2021
o Project Update: Design is 90% complete on the project. City Staff provided
comments to the design consultant. The project is expected to be advertised for bid
in December or January with contract award following in early 2021.
Water Projects:
1. FM 1103 Utility Relocation Project Phase I:
o Project Status: Closeout Phase
o Construction Start: August 2019
o Construction Completion: Fall 2020
o Cost of Construction: $964,424.12
o Project Update: No change from previous update. The contractor has completed the
punch list items. City Staff is working on verifying those items are complete in
order to finalize the project.
1.FM 1103 Utility Relocation Project Phase II:
o Project Status: Closeout Phase
o Construction Start: September 2020
o Construction Completion: November 2020
o Cost of Construction: $130,283.75 (NTE: $143,312.00)
o Project Update: M&C Fonseca began work in the middle of September and
substantially completed the work in late October. A punch list was generated and
the contractor has completed those items and is awaiting final acceptance.
2.E. Live Oak Pump Additions Project:
o Project Status: Under Construction
o Construction Start: April 2020
o Construction Completion: Winter 2020
o Cost of Construction: $1,560,000.00
o Project Update: The contractor completed the final two connections to the existing
piping and completed the installation of all underground piping. The installation of
electrical components continues as equipment is delivered to the site. The
contractor is preparing to install the pumps and motors in December. The project is
expected to be completed in winter of 2020.
Engineering Projects:
1.2018 Street Preservation and Maintenance Reconstruction Project:
o Project Status: Substantially Complete
o Construction Start: January 2020
o Construction Completion: Summer 2020
o Cost of Construction: $1,501,199
o Project Update: No change from last update. The striping has been delayed until
the concrete pavement surface can be smoothed outmore. Arrangements are being
made to have the pavement ground to smooth out the surface and improve the ride
quality. Additional traffic control set-ups will be done for the grinding operations.
2.2018 Street Preservation and Maintenance Rehabilitation Project:
o Project Status: Fully Complete
o Construction Start: April 2020
o Construction Completion: Summer 2020
o Cost of Construction: $2,611,348.00
o Project Update: No change from the last update. All of the construction and punch
list items have been fully completed.
3.2018 Street Preservation and Maintenance Resurfacing Project:
o Project Status: Under Construction
o Construction Start: March 2020
o Construction Completion: Summer 2020
o Cost of Construction: $791,174.34
o Project Update: No change from previous update. This project is as complete as it
can be at this time. The remainder of the chip seal on Live Oak Road will be
completed after the curb, gutter, and sidewalk is constructed by a separate project
later this year. In response to citizen complaints, the Design Engineer, LAN, is
conducted an independent review of the finished chip seal. Staff will brief Council
during a workshop on December 9th.
4.Cibolo Valley Drive Expansion Project:
o Project Status: Under Construction
o Construction Start: May 2020
o Construction Completion: Summer 2021
o Cost of Construction: $4,806,762 total ($1,300,000 City of Schertz Contribution)
o Project Update: Construction of the east side of the street is underway. Storm drain
culverts installation is nearing completion and the subgrade preparation on the
southern end of the project has been completed. The majority of the new traffic
signal equipment has arrived. The signal poles and mastarms have not yet arrived.
The Contractor anticipates having the paving of the east side completed in a couple
of months.
5.Cherry Tree Rehabilitation Project:
o Project Status: Bidding complete
o Consultant: Ford Engineering
o Project Start Date: November 2020
o Project Completion Date: December 2020
o Total Project Cost: $273,193.80 (NTE amount $300,600)
o Project Update: Construction is ongoing. The curb and gutter sections have been
replaced and some of the sidewalk sections have been replaced. Asphalt removal
has been completed and the contractor is working on cement stabilizing the base
material. Once the cement stabilization is complete, the new pavement will be
placed.
6.Elbel Road Storm Drain and Paving:
o Project Status: Design
o Consultant: Ford Engineering
o Project Start Date: August 2020
o Project Completion Date: Summer 2021
o Total Project Cost: $1,341,000
o Project Update: No change form last update. Project design is complete. The
contract documents are undergoing the final QA/QC check. The project will be
ready for bid once construction funding has been identified.
7.2020 Street Preservation and Maintenance (Resurfacing) Project:
o Project Status: Design
o Consultant: Kimley-Horn
o Project Update: The project design is almost complete. Finalizing the design has
been placed on hold until after the December 9th Workshop on chip seals. Staff will
provide a briefing on the project one the design has been finalized
8.Tri-County Parkway Reconstruction Project:
o Project Status: Design
o Consultant: Halff Associates
o Project Update: Survey work and some data collection has been completed. Halff
Associates has started the formal design of the project and expects to have the
design and bid package completed by the end of May.
9.Corbett Elevated Water Storage Tank:
o Project Status: Under Construction
o Construction Start: March 2019
o Construction Completion: Fall 2020
o Cost of Construction: $4,682,000.00
o Project Update: The tank continues to operate on the system as designed. The
contractor continues to finalize items on the site and complete punch list items.
10.Woman Hollering Creek Wastewater Interceptor Main and Lift Station:
o Project Status: Design
o Consultant: Cobb, Fendley & Associates, Inc.
o Estimated Construction Start: Winter 2021
o Estimated Cost of Construction: $12 million
o Project Update: City Staff is reviewing final construction plans and specifications
submitted by CobbFendley. The Final Plat for the lift station site along IH 10 is
scheduled for consideration by the Planning and Zoning Commission on December
9, 2020. The Site Plan will be submitted as soon as plat approval is done. The total
number of easements acquired is 20 out of a total of 21. Negotiation of the final
needed easement is in process. The project is expected to be advertised for bid in
December 2020 or January 2021.
11.Pedestrian Routes and Bike Lanes Project:
o Project Status: Bidding Complete
o Estimated Construction Start: Fall 2020
o Estimated Cost of Construction: $1.3 million
o Project Update: TXDOT award concurrence has been received. The Construction
contract was brought to Council for approval at the December 1
st meeting along
with a contract with our construction management on call firm to provide for
inspections during the construction process. With Council approval of the
contracts, a pre-construction meeting will be held with TXDOT personnel, the
contractor, and our construction management firm. After the preconstruction
meeting we will have a construction schedule from the contractor.
12.Water and Wastewater Master Plan Update and Impact Fee Study:
o Project Status: Study
o Consultant: Lockwood, Andrews, and Newnam, Inc.
o Project Start Date: December 2019
o Project Completion Date: Spring 2021
o Total Project Cost: $467,280 (NTE $500,000)
o Project Update: City Staff met with Consultant in September to review water and
wastewater models. Consultant working on finalizing models and beginning future
land use analysis.
13.16 Dedicated Transmission Main Phase I:
Overall project intent is the construction of a 16” dedicated water transmission main to
connect the Live Oak water storage facility to the IH 35 storage tank. Phase 1 of the project
includes a route study, land acquisition coordination, and preliminary design of the main.
o Project Status: Study
o Consultant: Kimley-Horn & Associates
o Project Start Date: August 2020
o Project Completion Date: Spring 2021
o Project Cost (Phase I Study): $267,848 (NTE $294,000)
o Project Update: Kimley-Horn has generated three alignment options and has begun
coordination efforts to further analyze each option. Preliminary utility coordination
meetings have been held and right of entry forms have been sent out to effected
property owners in order to obtain more detailed field analysis. In early November
City Staff participated in the first workshop with Kimley-Horn to review the
potential alignments. A draft Technical Memorandum with route recommendation
was submitted by Kimley-Horn and is under City review.
14.Stormwater Control Inventory and City Operations Assessment
The work of this project is an action included in the City’s Stormwater Management Plan
(Plan). The Plan is the blueprint of activities needed to comply with the City’s Texas
Commission on Environmental Quality (TCEQ) Texas Pollutant Discharge Elimination
System (TPDES) General Permit required by virtue of the City’s classification as
Municipal Separate Storm Sewer System (MS4).
This project specifically consists of development of an inventory of City facility
stormwater controls and an assessment of city operations as related to stormwater control
and quality.
o Project Status: Study
o Consultant: Utility Engineering Group, PLLC
o Project Start Date: July 2020
o Project Completion Date: Spring 2021
o Total Project Cost: $35,000
o Project Update: No change from previous update. City staff is reviewing
consultant-provided list of City sites proposed for visits.
15.Riata Lift Station Relocation (Design Phase)
Overall project intent is to relocate the Riata Lift Station ahead of TxDOT’s IH-35 NEX
Project to remove it from conflict with the proposed improvements. The design phase will
identify a new site for the lift station, design the new lift station, and design the
abandonment of the existing lift station.
o Project Status: Design Phase
o Consultant: Utility Engineering Group, PLLC (UEG)
o Project Start Date: August 2020
o Project Completion Date: Spring 2021
o Total Project Cost: $129,795 (NTE $143,000)
o Project Update: UEG and Staff have obtained a right of entry from the property
owner. Field work, including survey, has begun and UEG is working on design.
The environmental subconsultant completed the Antiquities Permit of Texas
application and submitted to the Texas Historical Commission prior to conducting
their field survey.
16.Aviation Heights Phase 5, 6, and 7 (Design Phase)
Overall project intent is the construction of an 8” water main within the Aviation Heights
area along Aero Avenue, Brooks Avenue, Winburn Avenue, Mitchell Avenue, and
Aviation Avenue.
o Project Status: Design Phase
o Consultant: Ford Engineering
o Project Start Date: October 2020
o Project Completion Date: Summer 2021
o Total Project Cost: $113,135 (NTE $125,000)
o Project Update: Ford Engineering provided draft construction plans for City
review. Comments from Public Works and Engineering will be incorporated into
construction plans prior to Advertisement for Bids.
TxDOT Roadway Projects:
1. FM 1103 Improvement Project: No change from November update. Utility relocations
continue (including electric and communications). Schertz Public Works is working to
relocate water and wastewater lines that conflict with the planned roadway and drainage
improvements (see FM 1103 Utility Relocation Project updates). Delays in the relocation
of other utilities has caused further rescheduling of the target let date for a construction
contract from January 2021 to July 2021.
2. FM 1518 Improvement Project:TxDOT is in the Plans, Specs, and Estimates (PS&E)
stage of the project. At this time, a consultant for TxDOT has prepared 30% construction
plans. Utility coordination for the project is also underway. The City is negotiating a scope
and fee with Halff Associates for the design of relocation of water and wastewater facilities
that conflict with the roadway improvement. TxDOT continues acquiring property needed
as right of way for the expansion project. As parcels are acquired, TxDOT contractors are
physically clearing the right of way in preparation for final surveying and design. TxDOT
has not yet acquired parcels needed from JBSA-Randolph. The plan is to move through
that process together with property needed for improvements to Loop 1604 on the opposite
side of the base. The TxDOT project is currently scheduled for letting in September 2022;
construction may begin as early as January 2023. The $44.8 million, fully funded project
is expected to take approximately three years of construction to complete.
3. I-35 Operational Improvements Project (FM 2252 to Schwab Road):No change from
November update. New southbound FM 1103 exit ramp and Schwab Road entrance ramps
have been opened. New northbound FM 1103 entrance ramp has been opened.
Embankment is being placed for the new northbound Schwab road exit ramp. Contractor
continues with main lane and frontage road reconstruction, drainage work, and
miscellaneous flat work, including rip rap, colored textured concrete, and mow strip, and
with landscape items. Anti-graffiti coating is being placed on walls. Detours will continue
to be necessary and TxDOT and its contractors will keep the City informed of detours and
closures and can assist in disseminating information to the public as needed. Estimated
final cost of the project is $25.5 million. The current schedule includes an expectation of
substantial completion in June 2021, and final project completion in July 2021.
4. I-35 NEX (I-410 South to FM 1103): TxDOT is acquiring needed right of way and
carrying out demolition activities as property is acquired. A full description of the project
to expand I-35 from I 410 South to FM 1103 can be found by searching keywords “I-35
from I-410" at TxDOT.gov. Schematic exhibits of the proposed improvements are
available on that website. Public Works and Engineering staff are participating in utility
coordination meetings with TxDOT and its contractors regarding relocations that may need
to take place in advance of or in conjunction with the roadway construction. Construction
is expected to begin in spring 2021 and take 4 to 5 years to complete. The portion of the
I-35 NEX project from the Cibolo Creek to its termination at FM 1103 has a cost of $621
million.
5. IH-10 Graytown Road to Guadalupe County Line: IH-10 is being expanded from four
lanes to six lanes and frontage roads are being transitioned to one-way. This project
includes the signalization of the intersection of FM 1518 and IH-10. Project design was
able to be adjusted so that no City of Schertz utility facilities will be impacted and no
adjustments are necessary to accommodate the proposed improvements. Construction is
currently expected to begin in January 2021. This approximately $157 million project has
a construction timeline of 53 months.
Planning and Community Development Projects:
1. CityView Permitting and Development Software:
No change since last update: City staff and CityView have been working together on a
phased approach for the three modules of the new land use software which are as follows:
Code Enforcement (CE), Planning (PL) and Permitting/Inspections (PI). The CE Module
has been configured. City Staff has been actively validating (verify configuration) the CE
Module. The Planning Module was submitted to CityView on January 23, 2020 for
configuration. The data collection for the Permitting/Inspections module is complete and
the CityView team is verifying the information submitted for completeness. CityView is
drafting the final project scope document for approval by all parties. Once the scope
document is executed CityView will start the configuration of all the softwarecomponents.
When the configuration is complete by CityView and the software is validated (tested) by
City Staff, we move to end user staff training and then go live. A proposed timeline to go-
live with the software will be determined once configuration and validation of modules
have been completed.
o Total Project Cost: $523,766.00
o Project Start Date: June 2018
o Project Completion Date: TBD - 2021
Agenda No. 17.
CITY COUNCIL MEMORANDUM
City Council
Meeting:December 8, 2020
Department:Executive Team
Subject:2021 Master Calendar - Information on 2021 Master Calendar and
Boards/Commissions (M. Browne/S. Gonzalez)
BACKGROUND
Each year staff drafts a Master Calendar that serves as a planning tool for the upcoming year.
There are a couple items to note which are the dates of the Council on the Go series and the Special
Called Council meetings/retreats, which are tentatively planned as follows:
February 5th – Council Planning Retreat – location TBD
February 16th – Council on the Go – Schertz Civic Center
March 16th – City Council & HOA Presidents Meeting – Schertz Civic Center
March 19th – Council Pre-Budget Retreat – location TBD
May 18th – Council on the Go – Schertz Civic Center
August 6th – Council Budget Retreat – location TBD
November 15 th – Council Meeting to Canvass Results of November 2nd Election
All above dates are reflected on the 2021 Master Calendar.
Due to the uncertainty of social distancing restrictions, staff is still working to finalize the dates for
many of the events sponsored by Parks & Recreation and the YMCA. Once these special events have
been secured, staff will provide an amended calendar to reflect that information.
FISCAL IMPACT:
None
RECOMMENDATION:
As in years past, staff recommends Council approval of the Master Calendar with the following
considerations regarding City Council meetings:
Cancel the October 5, 2021 Council Meeting due to the Annual TML Conference and Texas
National Night Out
Cancel the November 2, 2021 Council Meeting due to Election Day
Cancel the November 23, 2021 Council Meeting due to the Thanksgiving Holiday
Cancel the December 28, 2021 Council Meeting due to the December Holidays
If Council has concerns with these considerations, please contact the City Manager’s office.
Additionally, staff has provided a detailed list of 2021 Council/Boards/Commissions and a 2021 City
Council Calendar.
Attachments
2021 Master Calendar
2021 City Council Calendar
2021 Boards and Commissions
S F S S F S
1 New Years Day (Office Closed) 1 2 5 6 5 & 6 Daddy/Daughter Dances
18 Martin Luther King, Jr. Day (Office Closed)3 8 9 7 12 13 12 Chinese New Year (Year of the Ox)
10 1 2 15 16 14 19 20 14 Valentine's Day
17 22 23 21 26 27 15 President's Day (Office Closed)
24 2 8 29 30 28 17 Ash Wednesday
31
2 Texas Independence Day
6 Kick Cancer Pep Rally & 5K Run S F S S F S
8-12 SCUCISD Spring Break 5 6 2 3 2 Good Friday
14 Daylight Savings Begins 7 12 13 4 9 10 4 Easter
17 St. Patrick's Day 14 19 20 11 1 3 16 17 11 Ramadan Begins
19 Employee Remembrance Day 21 26 27 18 2 2 23 24 21 Administrative Professionals Day
20 Spring Begins 28 25 30
27 Passover
28 Palm Sunday
S F S S F S
9 Mother's Day 1 4 5 14 Flag Day
16 Armed Forces Day 2 7 8 6 11 12 20 Summer Begins
31 Memorial Day (Office Closed)9 14 15 13 18 19 20 Father's Day
16 21 22 20 25 26
23 28 29 27
30
S F S S F S
4 Independence Day (Office Closed July 5)2 3 1 6 7
4 Float & Fireworks 4 9 10 8 13 14
11 1 3 16 17 15 20 21
18 2 2 23 24 22 27 28
25 30 31 29
S F S S F S
5-16 Yom Kippur 3 4 1 2 5 Texas National Night Out
6 Labor Day (Office Closed)5 10 11 3 8 9 6-8 Annual TML Conference (Houston)
6-8 Rosh Hashanah 12 17 18 10 1 2 15 16 11 Columbus Day (Office Closed)
11 Patriot Day 19 24 25 17 22 23 16 Boss's Day (Observed Oct. 15)
22 Fall Begins 26 24 2 8 29 30 30 Trunk or Treat
31 31 Halloween
4 Holidazzle
S F S S F S 6 Hanukkah Ends
2 Election Day 5 6 3 4 21 Winter Begins
7 Daylight Savings Time Ends 7 12 13 5 10 11 24 Christmas Eve (Office Closed)
11 Veterans Day (Office Closed Nov. 11 & 12)14 1 5 1 8 19 20 12 1 6 17 18 25 Christmas Day
25 Thanksgiving (Office Closed Nov. 25 & 26)21 26 27 19 24 25 26 Kwanzaa Begins
28 Hanukkah Begins 28 26 31 31 New Year's Eve (Office Closed)
Council Meeting
"Council on the Go"/Retreat/Special Historical Preservation Committee
City Holidays (Office Closed)Parks & Recreation Advisory Board Transportation Safety Advisory Committee
SCUCISD Holidays
Approved 12/8/2020
Check www.schertz.com for updated information.
21
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Master Calendar 2021
Dates are subject to change.
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SEPTEMBER
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DECEMBER
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OCTOBER
M
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Red
Letter
Economic Development Corporation
Animal Services Advisory Committee
Planning & Zoning Committee
17
21
27
22
28 29
Library Advisory Board
TIRZ Board
CVLGC
23
SSLGC
7
19
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S M T W T F S S M T W T F S
1 2 1 2 3 4 5 6
3 4 5 6 7 8 9 7 8 9 10 11 12 13
10 11 12 13 14 15 16 14 15 16 17 18 19 20
17 18 19 20 21 22 23 21 22 23 24 25 26 27
24 25 26 27 28 29 30 28
31
S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3
7 8 9 10 11 12 13 4 5 6 7 8 9 10
14 15 16 17 18 19 20 11 12 13 14 15 16 17
21 22 23 24 25 26 27 18 19 20 21 22 23 24
28 29 30 31 25 26 27 28 29 30
S M T W T F S S M T W T F S
1 1 2 3 4 5
2 3 4 5 6 7 8 6 7 8 9 10 11 12
9 10 11 12 13 14 15 13 14 15 16 17 18 19
16 17 18 19 20 21 22 20 21 22 23 24 25 26
23 24 25 26 27 28 29 27 28 29 30
30 31
S M T W T F S S M T W T F S
1 2 3 1 2 3 4 5 6 7
4 5 6 7 8 9 10 8 9 10 11 12 13 14
11 12 13 14 15 16 17 15 16 17 18 19 20 21
18 19 20 21 2 23 24 22 23 24 25 26 27 28
25 26 27 28 29 30 31 29 30 31
S M T W T F S S M T W T F S
1 2 3 4 1 2
5 6 7 8 9 10 11 3 4 5 6 7 8 9
12 13 14 15 16 17 18 10 11 12 13 14 15 16
19 20 21 22 23 24 25 17 18 19 20 21 22 23
26 27 28 29 30 24 25 26 27 28 29 30
31
S M T W T F S S M T W T F S
1 2 3 4 5 6 2 3 4
7 8 9 10 11 12 13 5 6 7 8 9 10 11
14 15 16 17 18 19 20 12 13 14 15 16 17 18
21 22 23 24 25 26 27 19 20 21 22 23 24 25
28 29 30 26 27 28 29 30 31
Red
Letter City Holiday -- City Offices Closed
Approved 12/8/2020
City Council Calendar 2021
MARCH
Dates are subject to change.
Check www.schertz.com for updated information
DECEMBER
OCTOBER
AUGUST
JUNE
APRIL
FEBRUARY
NOVEMBER
JULY
MAY
JANUARY
SEPTEMBER
Council Workshop/Retreat/Special Called Meeting
"Council on the Go" Meeting
Council Meeting
Page 1 of 2 Rev. 12/2/2020
2021 Council/Boards/Commissions
City Council Meetings
Day: 1st, 2nd, and 4th Tuesdays of the month (see calendar for proposed cancelled meetings)
Time: 6:00 PM
Location: Council Chambers
Special: February 16th and May 18th – “Council on the Go” Meetings
November 15th – Canvass Results of November 2nd Election
SEDC - Schertz Economic Development Corporation
Day: 4th Thursday of the month
Time: 6:00 PM
Location: Council Chambers
Exceptions: November 18th (3rd Thursday)
December 16th (3rd Thursday)
Library Advisory Board
Day: 1st Monday of the month
Time: 6:30 PM
Location: Schertz Library - Meeting Room 1
Exceptions: No meeting in July
September 13th (2nd Monday)
Parks & Recreation Advisory Board
Day: Bi-monthly on the 4th Monday of the month (beginning January)
Time: 5:30 PM
Location: Bob Andrews Conference Room
Exception: November 15th (3rd Monday)
P & Z – Planning and Zoning
Day: 2nd and 4th Wednesdays of the month
Time: 6:00 PM
Location: Council Chambers
Exceptions: November 17th (one meeting, 3rd Wednesday)
December 8th (one meeting, 2nd Wednesday)
TSAC – Transportation Safety Advisory Commission
Day: 1st Thursday of the month
Time: 5:30 PM
Location: Council Chambers Conference Room
Exceptions: No meetings in January, July, or December
SHPC – Schertz Historical Preservation Committee
Day: Quarterly on the 4th Thursday of the month:
January 28th, April 22nd, July 22nd, and October 28th
Time: 6:30 PM
Location: Bob Andrews Conference Room
TIRZ Board – Tax Increment Reinvestment Zone
Day: Meets on the 2nd Tuesdays for the following months:
January 12th, April 13th, July 13th, and October 12th
Time: 4:00 PM
Location: Council Chambers
Page 2 of 2 Rev. 12/2/2020
Animal Services Advisory Committee
Day: Quarterly on the 1st Wednesdays for the following months:
February 3rd, May 5th, August 4th, and November 3rd
Time: 6:00 PM
Location: Council Chambers Conference Room
SSLGC – Schertz-Seguin Local Government Corporation
Day: 3rd Thursday of the month
Time: 1:30 PM
Location: SSLGC Administration Office Building, 108 W. Mountain Street, Seguin TX 78155
CVLGC – Cibolo Valley Local Government Corporation
Day: Quarterly on the 4th Thursday of the month:
January 28th, April 22nd, July 22nd, and October 28th
Time: 9:00 AM
Location: Alternates between Schertz & Cibolo – contact Jackie Gaines jackie.gaines@cvlgc.com
Special: Board Meeting TBD
Joint (Schertz and Cibolo) City Council Meeting TBD, City of Cibolo
Board of Adjustments
Note: Will be held on an as-needed basis
Planning and Community Development will work with City Staff, Board Members, and the
Applicant to coordinate the meeting.
Building and Standards Commission
Note: Will be held on an as-needed basis
Planning and Community Development will work with City Staff, Board Members, and the
Applicant to coordinate the meeting.
These meetings are being held in the Civic Center until further notice due to COVID social distancing guidelines