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SCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 AGENDA TUESDAY, SEPTEMBER 1, 2009 AT 6:30 P.M. REGULAR SESSION
Call to Order Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. Hearing of Residents This time is set-aside for any person who wishes to address
the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 5 minutes. 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. Discussion and/or Action Items 1. GBRA Hazard Mitigation Plan Plan Update – Presentation and consideration and/or action regarding approval for the
City to work with Guadalupe-Blanco River Authority to update the Hazard Mitigation Plan. (S. Willoughby) 2. Minutes -Consideration and/or action regarding the approval of the minutes
of the Regular Meeting of August 25, 2009. 3. Ordinance No. 09-M-35 – Consideration and/or action approving an ordinance revising and replacing Ordinance No. 08-M-08 regulations on Graffiti
in the City of Schertz, to conform to new State Law requirements effective September 1, 2009. Final Reading (J. Bierschwale) 4. Resolution No. 09-R-44 – Consideration and/or action on
approving a resolution designating a particular area; particular dates and particular time for which alcoholic beverages may not be brought into or removed from Pickrell Park; authorizing
extention of park hours; authorizing extention of noise hours; and authorizing other motorized vehicles in particular park areas for the upcoming SchertzFest. (J. Bierschwale) 9-1-09
Council A
genda 5. Resolution No. 09-R-43 – Consideration and/or action approving a resolution authorizing the City Manager to accept a declaration of restrictive covenants, and other matters
in connection therewith (Lone Star Pet Supply). (M. Sanchez) 6. Ordinance No. 09-A-38 – Consideration and/or action approving an ordinance authorizing and directing the annexation of
0.563 acres which is the former location of the Schertz Animal Shelter, giving of written notice of Annexation, the submission of preclearance materials to the Department of Justice,
and related matters. (D. Harris/J. Bierschwale) 7. Public Hearing Fiscal Year 2009-10 Budget – Conduct a public hearing and consideration and/or action approving the City of Schertz
FY 2009-10 Budget (D. Harris/J. Santoya) Ordinance No. 09-T-36 Consideration and/or action approving an Ordinance Adopting the FY 2009-10 budget. First Reading (D. Harris/J. Santoya)
8. Second Public Hearing on Proposed Tax Rate for Fiscal Year 2009-10 – Conduct a public hearing and consideration and/or action regarding the adoption of the FY 2009-10 tax rate. (D.
Harris/J. Santoya) Ordinance No. 09-T-37 Consideration and/or action approving an Ordinance on the proposed FY 2009-10 Tax Rate. First Reading (D. Harris/J. Santoya) EXECUTIVE SESSION
Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property.
RECONVENE TO REGULAR SESSION 9. Take appropriate action regarding acquisition of an easement and a lift station site as a result of the executive session. (L. Dublin) 10. Take any other
action deemed necessary as a result of the Executive Session. Requests and Announcements 11. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda.
12. Requests by Mayor and Councilmembers to City Manager and Staff for information. 13. Announcements by Mayor and Councilmembers • City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below) 9-1-09 City Council Agenda Page -2 -
• Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items
14. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ,
TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 28th DAY OF AUGUST 2009 AT 10:00 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE
PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis BRENDA DENNIS, TRMC, CMC CITY SECRETARY I CERTIFY THAT THE ATTACHED
NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2009. ____________________________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 all 619-1030 at least 24 hours in advance of meeting 9-1-09 City Council Agenda Page -3 -
9-1-09 City Council Agenda Page -4 -COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation
Committee Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Councilmember Wilenchik Investment Advisory Committee Liaison – Animal
Advisory Board Liaison -Schertz Chamber of Commerce Liaison -Board of Adjustment Audit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee
AACOG Economic Development TML Board of Directors TML Municipal Revenue & Taxation Committee Mayor Pro-Tem Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation
Advisory Board Interview Board for Boards and Commissions Councilmember Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -Schertz Youth Commission
Liaison – TIRZ II Board Hal Baldwin Scholarship Committee Councilmember Scagliola Liaison – Animal Advisory Board Liaison -Transportation Safety Advisory Commission Liaison -Schertz
Humane Society Alternate Interview Board for Boards and Commissions Liaison – Schertz Sweetheart Court Councilmember Trayhan Liaison -Schertz Housing Authority Audit Committee Hal Baldwin
Scholarship Committee
Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: September 1, 2009 Department: Public Works Subject: Hazard Mitigation Plan Update. BACKGROUND The Guadalupe-Blanco River Authority
is sponsoring the development of a Hazard Mitigation Plan Update that will address all natural hazards that could potentially affect communities in the GBRA region. The goal of the plan
is to minimize or eliminate the long-term risk to human life and property from known hazards by identifying and implementing cost-effective mitigation actions. This plan will also serve
as an update to GBRA’s 2005 FEMA-approved plan, “Hazard Mitigation in the Guadalupe River Basin: Protecting the Region Against All Hazards” as FEMA mandates that mitigation plans are
updated every five years. FISCAL IMPACT No Fiscal Impact to be sponsored by GBRA. RECOMMENDATION Staff recommends the City of Schertz working with GBRA on the Hazard Mitigation Plan.
ATTACHMENTS Project Description Power Point Presentation of Kickoff Meeting August 18, 2009
Guadalupe-Blanco River AuthorityKickoff MeetingHazard Mitigation Plan UpdateAugust 18, 2009
Key Objectives • Update of the 2005 Hazard Mitigation Plan– Meet FEMA Requirement– Reflect Recent Developments– Analyze and Identify Hazard Occurrences or Changes• Increase Public Awareness
and Education• Maintain HMGP Eligibility• Revise Previous Mitigation Strategy
Planning Process Project Overview: 1. Kickoff Meeting2. Capability Assessment3. Risk Assessment4. Mitigation Strategy5. Plan Maintenance6. Documentation
H20 Partners• Technical Assistance– Planning Guidance– State and Federal Compliance• Data Collection & Analysis– Risk Assessment– Capability Assessment – Summarize Results /Report Findings•
Facilitate Regional Meetings, Workshops and Open Public Meetings• Plan Preparation and Drafting Roles /Responsibilities
Guadalupe River Basin Team Members• Active Participation in Planning Process– Data collection and exchange– Public awareness and stakeholder involvement– Arrange meetings– Mitigation
strategy development– Plan review & feedback• Plan Adoption Roles /Responsibilities
Next Steps • Initiate Data Collection Efforts – Return Capability Surveys by September 7, 2009• Conduct Public Outreach– Public Survey Available Online: http://www.surveymonkey.com/s.aspx?sm=pyPCYPA
CQIVNPe7Evn_2f8DA_3d_3d – Public Meeting -August 18, 2009 • Scheduled for 5:30 pm • GBRA Headquarters – 933 East Court Street, Seguin, TX• Identify Additional Stakeholders
Timeline Conduct Kickoff/Public MeetingsConduct Risk AssessmentWorkshopsConduct Mitigation WorkshopsSubmit Draft Plan to GBRAAugust 2009November 2009December 2009January 2010February
2010Submit Draft Plan toState
Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: September 1, 2009 Department: Administration Subject: Minutes BACKGROUND On August 25, 2009 a Special Workshop and Regular
City Council Meeting was held at the Municipal Complex Council Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval
of the August 25, 2009 minutes. ATTACHMENT Minutes 08-25-09
DRAFT MINUTES REGULAR MEETING August 25, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 18, 2009 at 6:30 p.m., in the Municipal
Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Mayor Pro-Tem Jim Fowler Councilmember David Scagliola
Councilmember John Trayhan Councilmember Michael Carpenter Councilmember Tony Wilenchik was absent. Staff Present: Assistant City Manager John Bierschwale Assistant City Manager David
Harris City Attorney Michael Spain City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE
TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Mayor Pro-Tem Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas.
HEARING OF RESIDENTS No ones spoke. Presentation • Report to Council by Paul Marsh, Guadalupe Advocacy Center. Mayor Baldwin recognized Mr. Paul Marsh, Director of the Guadalupe Advocacy
Center who briefed Council on the activities of the center. Mr. Marsh stated that the Advocacy Center hosts a monthly multidisciplinary team meeting with our partner agencies, including
Schertz Police Department, to discuss each case that comes through our organization. These meetings are designed to share vital information regarding crimes against children and to make
sure that each child receives the vital services that they need to begin the healing process. The board of directors of the Advocacy Center recently approved a $270,000 budget for fiscal
year 2009-10. With that budget, we employ five (5) people (4 FTE). The paid employees are supplemented by over 30 volunteers providing more 8-25-09 Minutes
than 1,000 hours of service annually. The board of directors has also approved a new strategic planning effort for which the Advocacy Center just received a grant to accomplish. This
fall the board of directors, staff, team members, volunteers, and other stakeholders will work to plan the next three years for our organization, making sure that the focus of all of
our efforts is the health and wellbeing of children traumatized by abuse. I am thrilled to announce that George Antuna was recently elected to the Advocacy Center board for a two-year
term beginning in September 2009. Mr. Marsh stated the center remains grateful for the generous financial support of the City of Schertz since our inception, for the partnership of the
Schertz Police Department and Chief Starr, and for the community members like Bob Brockman who has spent countless hours working behind the scenes at the Advocacy Center. Mayor Baldwin
and Council thanked Mr. Marsh for their work. 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of August 18, 2009. Mayor Baldwin recognized
Councilmember Carpenter who moved, seconded by Mayor Pro-Tem Fowler to approve the minutes of the regular meeting of August 18, 2009 with the correction given to Council changing Val
to Viola. Vote was Vote 3-0-1. Councilmember Trayhan abstained. Motion Carried. 2. Resolution No. 09-R-41 – Consideration and/or action on approving a resolution authorizing the extension
of park hours, extension of noise hours and parking for the First annual Schertz “Absolute JaZZ and MovieZ In The Park” event. (G. Logan) Mayor Baldwin recognized Parks and Recreation
Director George Logan who introduced this item stating The City of Schertz, Time Warner, and the Community Fine Arts Network (CFAN),along with many volunteers, will be hosting and working
the First Annual “Absolute JaZZ and MovieZ In The Park” on September 12, 2009. Event attendees, volunteers and city staff working the Pickrell Park event will possibly be in the park
beyond the curfew hours of 11:00 p.m., closing down the mobile stage and taking down the inflatable movie screen needed for the event. Mr. Logan stated this resolution would waive the
park curfew hours, noise ordinance restrictions, and the parking of motorized vehicles for the volunteers for the hours from 11:00 p.m. to 1:00 a.m. in the early morning hours of September
13, 2009. Several important support operations need to happen after the event. These operations and this resolution will allow the First Annual “Absolute JaZZ and MovieZ in The Park”
event to be as successful as planned, similar to past city-sponsored events held at Pickrell Park. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember
Trayhan to Resolution No. 09-R-41. Vote unanimous. Motion Carried. 8-25-09 Minutes Page -2 -
3. Ordinance No. 09-M-35 – Consideration and/or action approving an ordinance revising and replacing Ordinance No. 08-M-08, as amended regarding Graffiti in the City of Schertz, to conform
to new State Law requirements effective September 1, 2009. First Reading (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item answering questions
from Council. Mr. Spain stating “as you recall in March the City Council approved a revised Graffiti Ordinance.” Late in the 2009 legislative session, unfavorable graffiti provisions
were added to House Bill 2086, a bill relating to gangs. The new graffiti provisions require a city to have specific provisions in any graffiti removal ordinance, including language
that provides that a city may require removal of graffiti by a property owner only if the city has first offered to remove the graffiti free of charge, and the owner has refused to allow
the city to remove the graffiti. Then, if the city has offered to remove the graffiti for free and the owner has rejected the offer, a city can remove the graffiti and charge the expenses
to the property owner. Many cities have ordinances that require property owners to remove graffiti at their own expense, and the new law will preempt these ordinances. These provisions
take effect on September 1, 2009. The amended and restated Graffiti Ordinance complies with the new state law. Mr. Spain indicated the following change that would be made on final reading:
(1) where it says the Chief of Police, it needs to say City Marshal. Mayor Baldwin recognized Trayhan who moved, seconded by Councilmember Carpenter to approve Ordinance No. 09-M-35
first reading. The vote was unanimous. Motion carried. 4. Proposed Tax Rate for FY 2009-10 – Conduct a public hearing and consideration and/or action regarding the adoption of the FY
2009-10 tax rate. (First required public hearing) (D. Harris/J. Santoya) Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item stating in accordance with
Chapter 26 of the Texas Tax Code the City Council must hold two (2) public hearings on a proposed tax rate. At the August 11, 2009 regular session the City Council, by record vote, established
a proposed maximum tax rate of $0.4342 per $100 of value. This proposed rate is not subject to rollback. This public hearing will be the first public hearing. The second required hearing
will be conducted at the September 1, 2009 regular session. Staff recommends that the Mayor open the public hearing, take comments, close the public hearing and announce that the next
public hearing on the proposed tax rate will be conducted on September 1, 2009 at 6:30 p.m. in the City Hall Council Chambers. Mayor Baldwin opened the public hearing and recognized
Mr. Robert Gibson who spoke against the proposed tax rate increase. As no one else spoke, Mayor Baldwin 8-25-09 Minutes Page -3 -
closed the public hearing and announced that the next public hearing on the proposed tax rate will be conducted on September 1, 2008 at 6:30 p.m. in the City Hall Council Chambers. Mayor
recognized Councilmember Scagliola who stated his objection with increasing the tax rate to 0.4342, stating that it is not prudent to raise taxes during a recession. He expressed his
displeasure with the City Staff for tying the employee’s cost-of-living adjustment in with the proposed tax increase; stating the cost-of -living (COLA) adjustment should be included
in the budget and not attached as an add-on. He said such an action created a lose/lose situation, raise taxes or deny the employees their COLA, and he did not appreciate being put into
that position. Councilmember Scagliola made four recommendations: 1) When Bonds are presented to the residents to vote on: make sure the residents know they will also incur O & M obligations
that may result in additional taxes; 2) Use some of the money in the General Fund ($4.2 million) to cover the temporary downturn in the City’s revenue flow; 3) Do not raise taxes to
increase the amount in the General Fund balance; 4) Ensure all City Employees receive a respectable COLA. If staff intends to stick with only a 2% increase, there will be numerous employees
who will receive less than a marginal increase. He stated it would be more appropriate to offer a minimum of $750 per year or 2%, whichever is larger. Mayor Baldwin recognized Mayor
Pro-Tem Fowler who asked for an explanation of what a rollback is. Assistant City Manager David Harris stated that the rollback rate is the rate in which should the Council elect go
above that rate, the citizens would have the ability to force a rollback election. Mayor Baldwin stated that it is 8% above the exact amount of money the Council authorized last year
in your tax rate. If you exceed the levy last year by more than 8% then you put yourself in a position where the public has the opportunity to push through a referendum asking for a
rollback. Mayor Baldwin stated that they are not at that point with the proposed tax rate. Mayor Pro-Tem Fowler asked for clarification of how the City calculates the Consumer Product
Index (CPI). Finance Director Juan Santoya stated that the City takes the CPI data and go back twelve months and find out what has been the average, take the lowest and subtract from
the average. The difference is how much the economy has changed and gives a cost-of-living increase percentage. Mayor Pro-Tem Fowler expressed his approval of the proposed tax rate based
on the lack of income coming in, and the fact there is still 38,800 people that the city has to support and maintain services the citizens expect. The economy is a big driver in what
the city is trying to do. Mayor Pro-Tem Fowler stated that the city is doing everything they can to keep the employees, and it doesn’t make sense to let a few employees go to keep the
tax rate where it is and then in a couple of years when things get better the city would go and hire and have to retrain someone to take their positions. Mayor Pro-Tem Fowler reminded
everyone of the position the City of Schertz is in regarding being the 39th best place to live and the AAA bond ratin, which is a result of the City being managed properly. 8-25-09 Minutes
Page -4 -
Assistant City Manager John Bierschwale stated that the city departments have already cut their budgets, some departments cut more than 10% and are doing without right now. The City
has a new library that requires more employees and the City has opted to hire part time employees because they cannot afford full time, the Library will require facilities maintenance;
there is a need to service the larger facility. The City is lacking in the police and fire departments; the court is busting out at the seams. The city has tightened their belts as tight
as possible. The City has gone out for the grants that are available only to find out that our City is healthier than most and were denied. Mr. Bierschwale reminded Council that the
only thing the employees have gotten last year and this year was a COLA, there have been no merit increases, management has frozen the merit system because of the economy. Mayor Baldwin
recognized Councilmember Carpenter who stated that is it always a difficult thing when Council considers raising taxes, essentially we are taxing ourselves, as we live here and will
be paying the higher taxes too. Several things that have not come out prior to this meeting is what staff has done to deal with the needs of the City, budget constraints, hiring part-time
workers to fill the needs where they would like to have full-time but cannot afford to pay for full benefits, the City is bridging gaps . The City has outsourced a number of non-core
functions within the city particularly with Parks and Recreation. Understand, too, that while we are raising the taxes but dealing with a very large shortfall on the revenue side that
the City has been blessed to have for several years, in hotel tax, sales tax, fees, fines, and permits. The City has to make up these areas and it is very challenging. The City has gotten
into a position with the work that this Council and previous Councils have done to get where we are close to being in a balanced position of tax revenues from our residents and other
sources. It is an amiable position to be in and is much better than if we were having to rely much more on other resources when we hit an economic situation like we are in today which
could cause the City to have a bigger impact than what we are seeing now. The City has built the new facilities and they have to staff them, it is unreasonable to build them and compress
the services. Councilmember Carpenter stated that this Council and previous Councils do have a track record of, as we are able come out of difficult times like we are in now and going
back and lowering the tax rate when they can. We are equal in the number of times we have increased taxes and lowered taxes, so the precedence is there and if we are to as least maintain
the service levels we have we will go back and reduce taxes as appropriate. Unfortunately, with the position the city is in now, the mix of down turn in revenues, and based on the economic
conditions as well, the need to maintain the current services that exist there is no other way to do it. He He stated that he has gone through the budget and that staff has done an excellent
job and there is not a lot more that can be done or to be cut. Mayor Baldwin added his approval of the tax rate increase stating that as a result of opening the new Library, the City
is going to have to add new staff members, actually most of them part-time employees to save on salaries of hiring full time. 8-25-09 Minutes Page -5 -
Mayor Baldwin reminded everyone it was voting on by the taxpayers who wanted the Library. The Library is a much larger facility than the old facility; it requires more employees, more
custodian staff, more air conditioning and heating costs, and many other things. The community thought it was necessary to build the new Library and it is not possible to run the larger
facility on the same amount as the old one. Mayor Baldwin stated that Councilmember Scagliola had an opportunity during the budget workshops to express areas of concerns and that he
did not bring up any concerns. Mayor Baldwin stated that he believes that Councilmember Scagliola should bring his ideas back to Council and staff as to where the city can cut costs
but that the Library is not an area. Most of the costs are for the new Library with the exception of one court clerk, custodial staff, and one part-time Park worker. Mayor Baldwin stated
that a 2% cost of living increase is minimal and reminded everyone about the already frozen merit increases. Mayor believes that staff has cut areas as low as possible and still provide
the same type of services the community is use to. Mayor Baldwin recognized Councilmember Trayhan who stated as a former City Manager who spent ten years going over budgets line item
by line item he supports the efforts that management has done and supports the budget and tax rate increase. 5. Resolution No. 09-R-42 – Consideration and/or action approving a resolution
authorizing and directing the execution and filing of a petition to annex 0.563 acres which is the former location of the Schertz Animal Shelter and related matters. (M. Spain/D. Harris)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating the property formerly used as the Schertz Animal Shelter is currently in the City’s extraterritorial
jurisdiction (“ETJ”) and is completely surrounded by land that is within the City limits. The City Manager’s office would like to annex that property in order to eliminate this small
island of ETJ. City Attorney Michael Spain asked that a modification be considered that the Council allows the Assistant City Manager to sign the document in the absence of the City
Manager so that the petition can be filed tomorrow, Council concurred. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Trayhan to approve Resolution
No. 09-R-42. Vote was unanimous. Motion Carried Mayor Baldwin adjourned into executive session at 7: 58 p.m. EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation;
Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Mayor Baldwin reconvened into regular session at 8:31 p.m.
8-25-09 Minutes Page -6 -
RECONVENE TO REGULAR SESSION 6. Take appropriate action regarding acquisition of easements related to Town Creek Sewer Line Project, Phase 2, as a result of the Executive Session. (M.
Spain) Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by Councilmember Scagliola to acquire ten (10) sewer line easement tracts (five (5) permanent easements and five
(5) construction easements from Scratch Golf L.L.C., for City’s Town Creek Sewer Line Project, Phase 2, for a purchase price of $41,250.00, plus closing costs; provided, if Scratch Golf
L.L.C., is unable to provide evidence of its ownership of four (4) of the tracts, two (2) permanent and two (2) construction easements) the purchase price will be reduced by $1,593.75,
to $39,656.25 plus closing costs. Vote was unanimous. Motion Carried 7. Take any other action deemed necessary as a result of the Executive Session. No further action taken. Requests
and Announcements 8. Requests by Mayor and Councilmembers that items be placed
on a future City Council agenda. No requests given. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests given. 10. 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 • Upcoming City Council agenda items Mayor Baldwin recognized Mayor Pro-Tem
Fowler who attended the following: • Open House at the School Medical Center at the Schertz Elementary • ITM 80th Anniversary Celebration • TCMA Monthly meeting held at the Library 8-25-09
Minutes Page -7 -
Mayor Pro-Tem Fowler stated that he looks forward to the Library Gala on Friday and the Grand Opening on Saturday Mayor Baldwin recognized Councilmember Scagliola who stated it has been
a busy few weeks; he stopped by the City pools to see how some of our residents are contending with the heat. The pools look great; he thanked the Parks Department and the YMCA who hired
a wonderful crew of lifeguards keeping our residents safe. He stated he had a super tour of the Library last Friday followed by the grand opening of the Visitors Center and Chamber of
Commerce offices. Councilmember Scagliola attended Congressman Lamar Smith’s town hall meeting in our Civic Center on Monday, August 24, 2009 and was surprised to see so many in attendance,
around 850 was his best estimate. Councilmember Scagliola thought the meeting was very productive and informative and knew the City expended some resources to host this meeting and thanked
all involved. He stated we made front-page news unfortunately it was mostly because of of an outspoken individual; overall, the event went rather smoothly, thanks in large part to the
presence of numerous City personnel, especially the Police Department, Fire Department and the Marshalls. He also expressed his thanks to all those responsible for the operations and
maintenance of the Civic Center. Mayor Baldwin recognized Councilmember Trayhan who thanked everyone for their kind sentiments regarding the loss of Kimberly’s mom. Mayor Baldwin recognized
Councilmember Carpenter who read a letter from a resident thanking and giving kudos to Detective Kallies regarding the retrieval of items that were stolen out of their vehicle. Mayor
Baldwin provided an update on Councilmember Tony Wilenchik stating that he had spent the night at BAMC and asked that everyone keep him in their prayers. 11. Announcements by City Manager
• Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized Assistant City Manager David Harris who asked everyone to visit the Cities new website
website and check out the new look. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 8:44 p.m. ___________________________________ 8-25-09 Minutes Page
-8 -
8-25-09 Minutes Page -9 -Hal Baldwin, Mayor ATTEST: _______________________________________ Brenda Dennis, TRMC, CMC City Secretary
Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: September 1, 2009 Department: City Manager’s Office Subject: Ordinance No. 09-M-35 -Amended Graffiti Ordinance (Final Reading)
BACKGROUND As you recall in March the City Council approved a revised Graffiti Ordinance. Late in the 2009 legislative session, unfavorable graffiti provisions were added to House Bill
2086, a bill relating to gangs. The new graffiti provisions require a city to have specific provisions in any graffiti removal ordinance, including language that provides that a city
may require removal of graffiti by a property owner only if the city has first offered to remove the graffiti free of charge, and the owner has refused to allow the city to remove the
graffiti. Then, if the city has offered to remove the graffiti for free and the owner has rejected the offer, a city can remove the graffiti and charge the expenses to the property owner.
Many cities have ordinances that require property owners to remove graffiti at their own expense, and these ordinances will be preempted by the new law. These provisions take effect
on September 1, 2009. The attached amended and restated Graffiti Ordinance complies with the new state law. City Council approved this on first reading at their meeting of August 25,
2009 with changing where it says Chief of Police to City Marshal. FISCAL IMPACT RECOMMENDATION Staff recommends Council approve final reading of Ordinance 09-M-35 updating the City’s
Graffiti Ordinance as provided by new State law changes effective September 1, 2009. ATTACHMENT Ordinance 09-M-35
ORDINANCE NO: 09-M-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING AND RESTATING CHAPTER 50, ARTICLE IX, GRAFFITI.
WHEREAS, graffiti is an issue of ongoing concern to the City Council of the City of Schertz because the problem impacts every part of the City; and WHEREAS, the City Council finds that
graffiti encourages vandalism, additional graffiti, and other criminal activities, produces urban blight, and tends to reduce property values; and WHEREAS, the City Council previously
determined that it was in the best interests of the City to establish a program to discourage graffiti and adopted Ordinance No. 08-M-08 on February 26, 2008, which was later codified
in Chapter 50, Article IX of the Code of Ordinances, City of Schertz, Texas; and WHEREAS, the City Council amended Section 50-307 of the Code of Ordinances in March of 2009; and WHEREAS,
the Texas Legislature has, pursuant to House Bill 2086, imposed certain restrictions on a political subdivision’s ability to require graffiti removal or to impose penalties for the failure
of a property owner to remove graffiti; and WHEREAS, the City Council reaffirms its previous finding that (i) placing graffiti on any property without the consent of the owner of such
property and carrying graffiti implements with intent to engage in graffiti is a public nuisance and contributes to public nuisances and should be discouraged and punished, and (ii)
requiring the removal of graffiti and providing enforcement actions for failure to remove graffiti from private property is in the best interest of the public’s health and safety; and
WHEREAS, the City Council desires to amend and restate Chapter 50, Article IX of the Code of Ordinances, City of Schertz, Texas to comply with recent state law changes enacted by House
Bill 2086. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I AMENDMENT. Chapter 50, Article IX of the Code of Ordinances, City of Schertz, Texas
is hereby amended and restated to read as follows: “ARTICLE IX. GRAFFITI Sec. 50-305. Definitions. 50232208.2 -1-
For purposes of this article the following definitions shall apply: Authorization means with the specific consent, written or oral, of the property owner or with other authority of law,
regulation, or ordinance. Felt tip marker means an indelible marker or similar implement with any size tip. Graffiti means any unauthorized inscription, word, letter, figure, symbol,
or design that is marked, etched, scratched, drawn, or painted on any exterior structure surface visible from a public place, public right-of-way, or private buildings, structures, or
other facilities or upon any other property, regardless of its content or nature and regardless of the nature of the material of the structural component or property. Graffiti implement
means any aerosol paint container, paint ball gun, felt tip marker, or paint stick or engraving or etching tool capable of scarring or otherwise defacing glass, metal, concrete, stucco,
vinyl, wood or any other surface attached to or covering a structure or building. Guardian means any person to whom custody of a minor has been given by a court order. Paint stick or
graffiti stick means any device containing a solid form of paint, chalk, wax epoxy, or other similar substances capable of being applied to a surface by pressure, and upon application,
leaving a visible mark. Parent means a person who is the natural or adoptive parent of a person. As used herein, "parent" shall also include a court appointed guardian or other person
18 years of age or older, authorized by the parent, by a court order, or by court appointed guardian to have the care and custody of a person. Property owner includes, but is not limited
to, any legal or equitable owner, and any person having a possessor's right to land or a building or the person lawfully occupying it, any part owner, joint owner, tenant in common,
tenant in partnership, joint tenant or tenant by the entirety, or any person, individual, corporation, association, or partnership in apparent or actual control of such property or any
agent or employee of any of the foregoing. Sec. 50-306. Graffiti and graffiti implements--Offenses. (a) It shall be unlawful for any person to deface, write or mark, cut, print, stamp,
indent or display any word, sentence, symbol or figure on public or privately owned buildings, permanent structures, or places located within the city, without authorization of the property
owner. (b) It shall be unlawful for any person to have in his or her possession, for the purpose of defacing property, any graffiti implement in any public park, public school ground,
public playground, public swimming pool, public recreational facility, any public right-of-way, or other public grounds in the city. The graffiti implement shall be presumed to be for
the purpose of defacing such buildings, structures, or places if the person in possession of any such implements is observed by an officer or employee of the city engaging in such defacing
of property. (c) It shall be unlawful for any person to have in his or her possession, for the purpose of of defacing property, any graffiti implement. The graffiti implement shall be
presumed to be for the 50232208.2 -2-
purpose of defacing property if it is in the holder's possession while the holder is on private property closed to the public, without permission from the property owner or a legal agent
of the property owner. (d) It shall be an offense for the parent or legal guardian of a minor under 17 years of age to intentionally, knowingly, recklessly, or with criminal negligence
allow such child to violate the provisions in subsection (a), (b) or (c), above. (e) It shall be an affirmative defense to prosecution if the person uses any graffiti implement in his
or her employment or in connection with a school, civic or religious activity or has written permission from the property owner or legal agent of the property owner of the premises to
engage in an authorized activity utilizing the implements. Sec. 50-307. Notices and City Offer to Remove Graffiti. (a) Whenever the City Marshal or other city employee designated by
the City Manager has probable cause to believe graffiti has been placed upon any property subject to to this article, the City Marshal or other city employee designated by the City Manager
shall notify the property owner in writing of (i) the presence of the nuisance and (ii) the city’s offer to remove the graffiti from the owner’s property free of charge. The property
owner shall have ten (10) calendar days from the date of receipt of the city’s notice under this subsection to either accept or refuse the city’s offer to remove the graffiti. If the
property owner does not send a written response to the city within that ten (10) calendar days, the city’s offer shall be deemed refused. The city may use its sole discretion regarding
the manner by which it removes graffiti pursuant to this subsection. (b) If the property owner either (i) refuses the city’s offer to remove the graffiti as provided under Section 50-307(a)
or (ii) fails to respond to the city’s offer to remove the graffiti as provided under Section 50-307(a) within ten (10) calendar days, the city shall send the property owner a notice
that the property owner is required to remove the graffiti from the owner’s property on or before the fifteenth (15th) day after the date the property owner receives notice under this
subsection. This subsection shall not apply to a property owner if the graffiti is located on transportation infrastructure and the removal of graffiti would create a hazard for the
person performing the removal. (c) The notice provided under Section 50-307(b) must be given in accordance with Section 250.006(d) of the Texas Local Government Code, as amended. Sec.
50-308. Failure to remove graffiti--Offenses. (a) It shall be unlawful for any property owner to fail to abate or cause the abatement of graffiti from his or her property after receiving
written notice, as provided in section 50-307(b) of this article, of such nuisance and being given fifteen (15) calendar days to effect the abatement. (b) This section shall not apply
to property or structures owned by federal, state, or local governments or railroads if they have in effect a city-approved graffiti abatement plan. (c) This section shall not apply
to a property owner if the graffiti is located on transportation infrastructure and the removal of graffiti would create a hazard for the person performing the removal. 50232208.2 -3-
[(d) This section shall not apply to property that is residential owner-occupied.] Sec. 50-309. Penalties. (a) Violation of any of the provisions of section 50-306(a)--(d), of this article
shall be a misdemeanor offense and shall be punished by a fine of not less than $200.00 nor more than $500.00 for the first offense and a fine of not less than $400.00 nor more than
$500.00 for the second and each subsequent offense. (b) Violation of any other provision of this article shall be a misdemeanor offense and shall be punishable by a fine or any other
such punishment as may be determined by a court of competent jurisdiction. (c) The court shall have the discretion to provide other means of punishment for violation of any provision
of this article, which may include community service. In setting penalties due hereunder, consideration will be given to the costs incurred by the property owner to remove the graffiti,
the amount and visual prominence of the graffiti, and past history of the offender. In all cases, requiring removal of graffiti at the offender's expense shall be considered by the court.
Sec. 50-310. Abatement by city; payment of costs by owner; imposition of lien. (a) If a property owner fails to abate or cause the abatement of graffiti from his or her property after
receiving written notice, as provided in section 50-307(b) of this article, of such nuisance and being given fifteen (15) calendar days to effect the abatement, the City Marshal or other
city employee designated by the City Manager may order abatement of the graffiti and charge the expenses of removal to the property owner in accordance with a fee schedule adopted from
time to time by the city. This remedy shall be in addition to any other remedy available. The city may use its sole discretion regarding the manner by which it removes graffiti pursuant
to this subsection. (b) Persons authorized by the City Marshal or other city employee designated by the City Manager to abate the graffiti nuisance may enter onto private property to
examine such nuisance, to obtain information to identify such nuisance, and to remove or direct the removal of such nuisance. (c) Whenever the city shall abate a graffiti nuisance as
provided by this section, the City Marshal or other city employee designated by the City Manager shall have the option of using city employees and materials or selecting a private contractor
to abate the nuisance. (d) The city shall assess to the property owner a charge for the actual cost, including labor and materials, for all work done to abate the graffiti nuisance pursuant
to this section 50-310, plus an administrative expense of $150.00, and shall cause the expense thereof to be assessed on the property upon which such expense is incurred. Until this
section may be modified in the future, the foregoing shall be the “fee schedule” required by Section 50-310(a). All revenue collected shall be deposited in a separate account in the
city dedicated to graffiti abatement. (e) A statement of the costs incurred by the city to abate the graffiti nuisance pursuant to this section shall be mailed to the property owner,
if the property owner and mailing address are known, and, if not known, may be published in a newspaper of general circulation in the city. The 50232208.2 -4-
statement shall demand payment within thirty (30) days after the date of receipt or publication of such notice. (f) If such statement has not been paid within such period, the City Manager
or other city employee designated by the City Manager may file a statement of expenses incurred with the county clerk of the county in which the property is located stating (i) the property
owner's name, if known, (ii) the legal description of the lot or parcel, and (iii) the amount of expenses incurred. The statement of expenses or a certified copy of the statement shall
be prima facie proof of the expenses incurred. Such statement shall be, and the city shall have, a lien for expenditures made and interest accruing at the rate of ten percent (10%) per
annum on the amount due from the date incurred by the city. To the extent permitted by law, such liens shall be inferior only to tax liens and liens for street improvements. To the extent
permitted by law, the city may foreclose such liens in a proceeding brought in accordance with applicable law. The remedy allowed in this subsection shall not be the city's sole remedy.”
Sec. 50-311. Future actions. (a) The city agrees that it may consider future measures aimed at remedying the graffiti problem, including the following: (1) Coordination of volunteer
organizations which assist in graffiti removal; (2) Preparation of a directory of contractors who remove graffiti for a fee; (3) Publication of information on where and how to obtain
free paint, tools, and materials for graffiti removal; (4) Provision of information on probationer restitution services available to community-based organizations for graffiti removal;
(5) Provision of information about graffiti abatement programs; (6) Establishment of a paint bank within the city's department of public works from which community-based groups or individuals
may obtain paint and materials for the purpose of removing graffiti; (7) Encouragement of local businesses and other potential donors to contribute resources to the paint bank; and (8)
Establishment of a reward program for information concerning graffiti vandals. These programs will be considered in the future as budgetary decisions are made, but the final decision
shall be made after weighing the various competing needs for public funding. (b) The city shall make reasonable efforts and use reasonable available resources to promptly remove graffiti
from city-owned property. The city will also consider use of lighting and shrubbery to discourage placement of graffiti on its buildings and structures. Similarly, business owners and
homeowners exempted from the provisions of this article will be encouraged to use 50232208.2 -5-
50232208.2 -6-reasonable measures to prevent graffiti on their properties and to remove graffiti from their properties as soon as possible. (c) A property owner who demonstrates to the
City Marshal or other city employee designated by the City Manager that his or her structure has been subjected to graffiti may be provided sufficient paint material, if available, to
cover the graffiti on the property. The materials will typically be from donated sources or bulk purchases, and the paint may not match the existing background surface color. The property
owner shall have fifteen (15) calendar days following receipt of the materials to abate the graffiti.” SECTION II SEVERABILITY. If any provision of this Ordinance is illegal, invalid,
or unenforceable under present or future laws, then and in that event, the remainder of this Ordinance shall not be affected thereby. SECTION III EFFECT ON PRIOR ORDINANCE. Chapter 50,
Article IX of the Code of Ordinances, City of Schertz, Texas is hereby amended and restated by this Ordinance. Such amendment shall not affect any enforcement actions currently on-going
pursuant to Chapter 50, Article IX, as amended on March 17, 2009, which shall be deemed to be on-going pursuant to this Ordinance. SECTION IV EFFECTIVE DATE. This Ordinance shall be
in force and effect from and after its final passage and any publication required by law. PASSED AND APPROVED on first reading the 25th day of August, 2009. PASSED AND FINALLY APPROVED
on second and final reading the 1st day of September, 2009. Mayor ATTEST: City Secretary [CITY SEAL]
Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: September 1, 2009 Department: Administration Subject: Resolution No. 09-R-44-Designating a particular area, particular dates
and particular time for which alcoholic beverages may not be brought into or removed from Pickrell Park; authorizing extension of park hours; authorizing extension of noise hours and
authorizing other motorized vehicles in particular park areas. BACKGROUND The 2nd annual SchertzFest is a community event held each year at Pickrell Park. The 2009 event will be held
during the dates of October 1, 2009-midnight October 4, 2009. This resolution is in consideration for holding the 2nd Annual SchertzFest. FISCAL IMPACT None RECOMMENDATION Recommend
approval of resolution No. 09-R-44 ATTACHMENT Resolution No. 09-R-44 Exhibit A
RESOLUTION NO. 09-R-44 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, DESIGNATING A PARTICULAR AREA; PARTICULAR DATES AND PARTICULAR TIME FOR WHICH ALCOHOLIC BEVERAGES
MAY NOT BE BROUGHT INTO OR REMOVED FROM PICKRELL PARK; AUTHORIZING EXTENTION OF PARK HOURS; AUTHORIZING EXTENTION OF NOISE HOURS; AND AUTHORIZING OTHER MOTORIZED VEHICLES IN PARTICULAR
PARK AREAS. WHEREAS; it is the desire of the City Council to comply with Chapter 54, Section 54.20 and Chapter 58, Section 58.2, 58.3 and 58.6 of Code of Ordinances, City of Schertz,
Texas; and WHEREAS; said Chapter 54, Section 54.20 provides that playing of musical instruments, etc. in such a manner or with some volume, particularly after 10:00 p.m. is declared
to be a noise nuisance; and WHEREAS; said Chapter 58, Section 54.2 provides that the City Council shall designate the particular Park and Recreation area and designate particular dates
and particular times to which the provisions of this section apply; and WHEREAS; said Chapter 58, Section 58.3 provides that alcoholic beverages may not be brought into or removed from
a City Park or Recreation area during particular events designated from time to time by the City Council; and WHEREAS; said Chapter 58, Section 58.6 provides that the City Council shall
designate the particular Park and particular Recreation area and authorize parking to other motorized vehicles to which the provisions of this section apply; and WHEREAS; said Chapter
58, Section 58.2 provides that the City Council shall designate the particular Park and Recreation area and authorize the extension of hours to which the provisions of this section apply;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERZ, TEXAS: THAT, in the best interest of the citizens attending the “SchertzFest 2009” the area shown in “Exhibit
A” be designated in compliance with all mentioned Chapters and Sections of the Code of Ordinances of the City of Schertz. THAT, the dates of these restrictions and to which restrictions
apply are October 1, 2009 to midnight October 4, 2009. THAT, said restrictions authorizing parking of other motorized vehicles to which restrictions apply are October 1, 2009 to midnight
October 4, 2009; and
THAT, said restrictions, areas and dates shall apply only to beer and wine and are therefore not applicable to other alcoholic beverages. PASSED, APPROVED AND ADOPTED this the 1st day
of September 2009. ______________________________ Mayor, Hal Baldwin City of Schertz, Texas ATTEST: ______________________________ City Secretary, City of Schertz
CARNIVAL AREA V.I.P. PARKING PLAYGROUND NO COOLERS -NO ALCOHOL BEYOND T HI S POINT NO COOLERS -NO ALCOHOL BEYOND THIS POINT NO COOLERS -NO ALCOHOL BEYOND THIS POINT NO COOLERS -NO ALCOHOL
BEYOND THIS POINT BAR-B-Q COOK AREA BEER HANDICAP PARKING COUNCIL PARKING MAYOR PARKING STAGE TICKETS BOOTHS BOOTHS BOOTHS BOOTHS FIRST AID CARNIVAL TRAILER PARKING OAK ST E FM 1518
N A POPLAR AVE BR MITC WIN EMERGENCY EXIT MONEY TRAILER POOL EMERGENCY VEHICLES
Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: September 1, 2009 Department: Planning Subject: Resolution No. 09-R-43 -Restrictive Covenants BACKGROUND 414 Partnership, Ltd.,
which leases its property to Lone Star Pet Supply, desires to record a Declaration of Restrictive Covenants to provide parking on a nearby currently vacant tract of land owned by it
(and to be leased to Lone Star Pet Supply) for the benefit of the tract of land where Lone Star Pet Supply operates. Unless it provides such additional parking, the soon to be expanded
Lone Star Pet Supply business facility will be a permitted non-conforming use. Resolution No. 09-R-43 authorizes the City Manager to accept the Declaration of Restrictive Covenants.
FISCAL IMPACT None RECOMMENDATION Approval of Resolution No. 09-R-43 ATTACHMENT Resolution No. 09-R-43, with Declaration of Restrictive Covenants attached CCM Resol 09-R-43.doc
RESOLUTION NO. 09-R-43 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ACCEPT A DECLARATION OF RESTRICTIVE COVENANTS, AND OTHER MATTERS
IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the “City”) has determined that the City should accept a Declaration of Restrictive Covenants regarding parking
facilities to permit 414 Partnership, Ltd., which owns the land on which Lone Star Pet Supply operates, to expand and operate the facilities leased by Lone Star Pet Supply in a manner
that will not cause it to be a non-conforming use; and WHEREAS, the City Council has determined that it is in the best interest of the City to accept the Declaration of Restrictive Covenants
attached hereto as Exhibit A (the “Declaration”). 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 accept the Declaration by 414 Partnership, Ltd. 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 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. Resol 09-R-43.doc
Resol 09-R-43.doc PASSED AND ADOPTED, this 1st day of September, 2009. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL)
EXHIBIT A DECLARATION OF RESTRICTIVE COVENANTS Resol 09-R-43.doc A-1
DECLARATION OF RESTRICTIVE COVENANTS STATE OF TEXAS § § COUNTY OF GUADALUPE § THIS DECLARATION OF RESTRICTIVE COVENANTS (“Declaration”) is made on the date hereinafter set forth by 414
Partnership, Ltd.,
a Texas limited partnership, hereinafter referred to as the initial “Declarant”. Definitions 1. “Declarant” shall mean 414 Partnership, Ltd., a Texas limited partnership, owner on the
date hereof of the Property, as hereinafter defined, and successors and assigns of Declarant who acquire fee title to all or a portion of the Property. For purposes of enforcement of
paragraph 8 of the General Provisions of this Declaration and actions to be taken in the future, “Declarant” shall mean all persons and/or entities which are then collectively the owners
of the Property. 2. “Property” shall refer to: “Tract I”: Lot 5, Block 3, Lone Star Pet Supply Subdivision, Schertz, Guadalupe County, Texas, as the same is shown and designated on the
plat recorded in Volume 5, Page 279B, and as being more particularly shown on Exhibit “A”; and “Tract II”: Lot 19, Block 2, Lone Star Pet Supply II Subdivision, Schertz, Guadalupe County,
Texas, as the same is shown and designated on the re-plat recorded in Volume 7, Page 363, and as being more particularly shown on Exhibit “B”. Recitals 1. Declarant is the owner of the
Property. 2. Declarant previously constructed a 92,095 square foot, more or less, warehouse and office building on Tract 1 (the “Building”). 3. Declarant has proposed constructing an
approximately 34,924 square foot addition to the Building (the “Addition”). 4. The Addition was approved by the City of Schertz, Texas (the “City”) in connection with the City’s original
approval of the site plan for the Building on November 25, 1997 (the “1997 Approval”). Declaration of Restrictive Covenants.doc Declaration of Restrictive Covenants 1
5. The City has determined that, after the construction of the Addition, there will not be sufficient parking on Tract I to meet the parking requirements in the City’s current Unified
Development Code. 6. As a result of the 1997 Approval, the City will issue the required building permit for the Addition, and, assuming the Addition is constructed in accordance with
the approved plans and applicable building codes, the City will issue a certificate of occupancy for the Addition, notwithstanding the insufficient parking on Tract I; however, unless
Declarant makes arrangements to provide sufficient parking, the Building, with the Addition, will be a permitted non-conforming use on Tract I. 7. Declarant has proposed constructing
certain improvements on Tract II (the “Improvements”) for automobile, vehicle, and truck parking for Tract I so that the Building, with the Addition, will be a conforming use on Tract
I. 8. Declarant currently leases Tract I to Lone Star Pet Supply, Ltd., LLP (“Lone Star”) and expects to to lease Tract II to Lone Star. 9. It is the desire and intention of Declarant
that all of the Property shall be subject to the restriction hereinafter set forth in this Declaration, which is and for the benefit of the Property, the owners thereof, subsequent owners
of the Property, and tenants having leasehold rights to Tract I. 10. The following restriction shall run with the Property and shall be binding on all parties having any right, title,
or interest in the Property in part or in whole, and their heirs, personal representatives, successors, and/or assigns. Restrictions 1. Parking -Declarant agrees that Tract II shall
be used for automobile, vehicle, and truck parking for Tract I until such time that (i) Declarant provides alternative automobile, vehicle, and truck parking for Tract I such that Tract
I will have sufficient automobile, vehicle, and truck parking available to it without taking into account the parking on Tract II to comply with the City’s Unified Development Code;
(ii) the use of Tract Tract I changes such that parking on Tract I is sufficient to meet the City’s Unified Development Code without taking into account the parking on Tract II; and/or
(iii) the City’s Unified Development Code changes in such a way that there is sufficient parking on Tract I to meet the parking requirements in then current Unified Development Code
without taking into account the parking on Tract II. The City agrees to release, in recordable form, this Declaration and restrictive covenant upon the occurrence of any one of the preceding
events, by countersigning a Termination of Declaration of Restrictive Covenants in the real property records of Guadalupe, County, Texas. General Provisions 1. GOVERNING LAW -THIS DECLARATION
SHALL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE Declaration of Restrictive Covenants.doc Declaration of Restrictive Covenants 2
STATE OF TEXAS. ALL ACTS REQUIRED OR PERMITTED TO BE PERFORMED HEREUNDER ARE PERFORMABLE IN GUADALUPE COUNTY, TEXAS, AND IT IS AGREED THAT ANY ACTION BROUGHT TO ENFORCE OR CONSTRUE THE
TERMS OR PROVISIONS HEREOF OR TO ENJOIN OR REQUIRE THE PERFORMANCE OF ANY ACT IN CONNECTION HEREWITH SHALL BE BROUGHT IN A COURT OF COMPETENT JURISDICTION SITTING IN GUADALUPE COUNTY,
TEXAS. 2. Construction & Severability -If this Declaration or any word, clause, sentence, paragraph or other part thereof shall be susceptible to more than one or conflicting interpretations,
then the interpretation which is more nearly in accordance with the general purposes and objectives of this Declaration shall govern. In the event one or more of the provisions contained
in this Declaration shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other
provision hereof and this Declaration shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 3. Unintended Omission -If any punctuation,
word, clause, sentence, or provisions necessary to give meaning, validity, or effect to any other word, clause, sentence, or provision appearing in this Declaration shall be omitted
herefrom, then it is hereby declared that such omission was unintentional and that the omitted punctuation, word, clause, sentence or provision shall be supplied by inference. 4. Recordation
-This Declaration shall be recorded in the Guadalupe County Real Property Records. 5. Amendment -The covenants, conditions, and restrictions of this Declaration may not be amended, except
by an instrument signed by Declarant and the City, and recorded in the Guadalupe County Real Property Records. 6. Assignment. The initial Declarant and any subsequent Declarant may assign
to its successor its rights and obligations under this Declaration. 7. Termination – This Declaration may be terminated by an instrument signed by Declarant and the City, and recorded
in the Guadalupe County Real Property Records. 8. Notice -Any formal notices or communication with respect to the subject matter of this Declaration shall be delivered by one of the
following methods: (a) by delivering the same in person; (b) by depositing the same in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed
to the party to be notified at the address set forth below; or Declaration of Restrictive Covenants.doc Declaration of Restrictive Covenants 3
(c) by depositing the same with a nationally recognized courier service guaranteeing “next day delivery”, addressed to the party to be notified at the address set forth below. Notice
given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties, until changed as provided
below, shall be as follows: Declarant: 414 Partnership, Ltd. Attention: Dennis W. Stahl 17414 Triton Drive Schertz, Texas 78154 Telephone: 210-651-4414 Fax: 210-651-5910 With Copy to:
James S. Cheslock The Kreager Law Firm 7373 Broadway, Suite 500 San Antonio, Texas 78209 Telephone: 210-829-7722 Fax: 210-821-6672 City: City of Schertz, Texas 1400 Schertz Parkway Schertz,
Texas 78154 Attention: City Manager The parties may, from time to time, change their respective mailing addresses, and each has the right to specify as its address any other address
within the United States of America by giving at least five days written notice to the other party. party. 9. Enforcement – Declarant and the City shall have the right and power to enforce
any of the restrictions set out in this Declaration. Enforcement of this Declaration and the restrictions set forth herein shall be by any proceeding at law or in equity against any
person or persons violating or attempting to violate any of the same, either to restrain violation or to recover damages. Failure by Declarant or the City to enforce any such restriction
shall in no event be deemed a waiver of the right to do so thereafter. Any remedies provided for in this Section are cumulative and shall be deemed additional to any and all other remedies
to which Declarant or the City may be entitled in law or in equity and shall include the right to restrain by injunction any violation or threatened violation by any party of any of
the terms, covenants, or Declaration of Restrictive Covenants.doc Declaration of Restrictive Covenants 4
conditions of this Declaration and by decree to compel performance of any such terms, covenants, or conditions, it being agreed that the remedy at law for any breach of any such term,
covenant, or condition is not adequate. In the event any person shall institute any action or proceeding against another person relating to the provisions of this Declaration, then and
in such event the unsuccessful litigant in such action or proceeding shall reimburse the successful litigant therein for all reasonable costs and expenses incurred in connection with
any such action or proceeding and any appeals therefrom, including reasonable attorneys’ fees and court costs, to the extent permitted by the terms of any final order, decree, or judgment.
10. Limitations of Liability – Except as set forth in the preceding Section 8, Declarant shall not be liable for damages or otherwise, to anyone arising out of any other action taken
or not taken by Declarant pursuant to the provisions of this Declaration. WHEREFORE, this Declaration is executed and effective this 2nd day of September, 2009 at Schertz, Texas. DECLARANT:
414 Partnership, Ltd. By: 414 Enterprises, L.L.C. Its General Partner By:_________________________ Dennis W. Stahl, President STATE OF TEXAS § § COUNTY OF BEXAR § This instrument was
acknowledged before me on the 2nd day of September 2009, by Dennis W. Stahl, President of 414 Enterprises, L.L.C., a Texas limited liability company, which is the General Partner 414
Partnership, Ltd., a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for
the purposes therein expressed, in the capacity therein stated, and as the act and deed of 414 Partnership, Ltd. _______________________________ Notary Public, State of Texas Declaration
of Restrictive Covenants.doc Declaration of Restrictive Covenants 5
Declaration of Restrictive Covenants.doc Declaration of Restrictive Covenants 6 CONSENTED TO AND AGREED CITY City of Schertz By:____________________________ Don E. Taylor, City Manager
STATE OF TEXAS § § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the 2nd day of September 2009, by Don E. Taylor, City Manager of the City of Schertz, known to
me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes therein expressed, in the capacity therein
stated, and as the act and deed of the City of Schertz. _______________________________ Notary Public, State of Texas UPON RECORDATION PLEASE RETURN TO: James S. Cheslock The Kreager
Law Firm 7373 Broadway, Suite 500 San Antonio, Texas 78209
Exhibit “A” Drawing of Tract I Declaration of Restrictive Covenants.doc Declaration of Restrictive Covenants A-1
Exhibit “B” Drawing of Tract II Declaration of Restrictive Covenants.doc Declaration of Restrictive Covenants B-1
Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: September 1, 2009 Department: City Manager Subject: Ordinance No. 09-A-38 -Annexation of Former Schertz Animal Shelter Property
BACKGROUND The property formerly used as the Schertz Animal Shelter is currently in the City’s extraterritorial jurisdiction (“ETJ”) and is completely surrounded by land that is within
the City limits. The City Manager’s office would like to annex that property in order to eliminate this small island of ETJ. FISCAL IMPACT None. RECOMMENDATION Adoption of Ordinance
09-A-38 first reading ATTACHMENT Ordinance 09-A-38 50234156.1
ORDINANCE NO. 09-A-38 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND DIRECTING THE ANNEXATION OF 0.563 ACRES WHICH IS THE FORMER LOCATION OF THE SCHERTZ
ANIMAL SHELTER, GIVING OF WRITTEN NOTICE OF ANNEXATION, THE SUBMISSION OF PRECLEARANCE MATERIALS TO THE DEPARTMENT OF JUSTICE, AND RELATED MATTERS WHEREAS, the City of Schertz (the “City”)
desires to annex certain land owned by the City and described on Exhibit A (the “Land”); and WHEREAS, Section 43.028 of the Texas Local Government Code, as amended (the “Act”), allows
the annexation of certain sparsely occupied area on petition of landowners in the area to be annexed; and WHEREAS, on August 25, 2009, the City Council approved a resolution authorizing
and directing the City Manager to execute and file a petition requesting the City to annex the Land; and WHEREAS, the City Manager executed and filed with the City Secretary a petition
to annex the Land on August 26, 2009, which is attached to this Ordinance as Exhibit B (the “Petition”); and WHEREAS, Section 43.028(d) of the Act requires that after the 5th day but
on or before the 30th day after the date the Petition was filed, the City Council shall hear the Petition and the arguments for and against the annexation and shall grant or refuse the
Petition as the City Council considers appropriate; and WHEREAS, Section 43.028(e) of the Act states that if the City Council grants the Petition, the City Council by ordinance may annex
the Land; and WHEREAS, Section 43.028(f) of the Act provides that if the Petition is granted and the ordinance is adopted, a certified copy of the ordinance and a copy of the Petition
shall be filed with the County Clerk of Guadalupe County; and WHEREAS, the City Council of the City hereby finds that it is in the best interest of the City and the citizens thereof
that the City Council grant the Petition and complete the annexation as described herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. The City Council
has heard the Petition and the arguments for and against the annexation and hereby grants the Petition. 50233430.1 1
SECTION 2. The City Council hereby annexes the Land and, upon the effective date of this Ordinance, the Land shall become a part of the City and the inhabitants of the Land will be entitled
to the rights and privileges of other citizens of the City and will be bound by the acts and ordinances adopted by the City. SECTION 3. The City Council hereby directs the City Secretary
to file a copy of this Ordinance together with a copy of the Petition with the County Clerk of Guadalupe County, Texas. SECTION 4. The Planning Department is hereby directed to provide
all notices required by the Act to each school district located in whole or in part in the Land. Such notices shall be in substantially the form of Exhibit C attached hereto and made
a part hereof and shall be given within the time limits required by the Act. SECTION 5. The City Attorney is hereby directed to make all necessary filings under the Federal Voting Rights
Act incident to the proposed annexation of the Land. SECTION 6. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of
this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 7. All ordinances, 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 8. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 9. 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 Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 10. It is officially
found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business
to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, Texas Government Code, as amended. SECTION 11. This Ordinance shall be in force
and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank.] 50233430.1 2
50233430.1 3 PASSED AND APPROVED on first reading the 1st day of September, 2009. PASSED AND FINALLY APPROVED on second and final reading the ____ day of September, 2009. CITY OF SCHERTZ,
TEXAS Mayor ATTEST: City Secretary (CITY SEAL)
EXHIBIT A DESCRIPTION OF THE LAND FIELDNOTES for 0.563 acres of land out of the G. Malpaz Survey No. 67, Abstract No. 221 out of that certain 8.643 acre tract conveyed to John O. Lund,
et ux, by George Gesche, et ux, described in deed dated 4th day of February, 1976 and recorded in Volume 512, Pages 685-687, deed records of Guadalupe County, Texas; BEGINNING at an
iron pin found for the Southeasterly corner, being the Northeasterly Herbert A. Busch corner, on the Southwesterly line of the 80 foot F.M. Road No. 1518; THENCE, with an existing fence
line, South 60°43'10” West, 219.37 feet to a 1” iron pipe, being a corner for the Herbert A. Busch tract and a corner for the G.H. & S.A.R.R. Co. tract, said point being the Southwesterly
corner of this survey; THENCE, North 30°44’29” West, 104.51 feet to an ½” iron rod found for the Northwest corner of this survey and being a corner for the G.H. & S.A.R.R. tract; THENCE,
North 61°01’59” East, 73.64 feet to an ½” iron rod set for an interior angle in this survey; THENCE, North 41°02’41” East, 124.97 feet to an ½” iron rod set for the Northeast corner
of this survey, said point being on the Southwesterly line of the 80 foot F.M. Road No. 1518; THENCE, with the Southwesterly line of the F.M. Road No. 1518, South 41°10’00” East, 149.46
feet to the PLACE OF BEGINNING containing 0.563 acres. 50233430.1 A-1
EXHIBIT C [City of Schertz letterhead] September 2, 2009 Re: Notice of Intent to Annex (approximately 0.563± Acre Tract) Superintendent _________________ Independent School District
Please take notice that the City Council of the City of Schertz (the “City”) intends to annex the following property, a portion of which is within your District: Approximately 0.563±
acres located west of FM 1518 and north of the intersection of Pecan Drive and FM 1518 and which is the former location of the City of Schertz animal shelter. The City is unaware of
any financial impact on your District resulting from the proposed annexation, including any changes in utility costs. Please address any questions you have concerning the proposed annexation
to my attention. Very truly yours, Don E. Taylor City Manager, City of Schertz 50233430.1 C-1
Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: September 1, 2009 Department: Finance Subject: Public Hearing – Fiscal Year 2009-10 Budget Ordinance No. 09-T-36 First Reading
BACKGROUND In accordance with applicable statutes and the City Charter, the City must conduct a public hearing to receive input on the proposed FY 2009-10 budget, including the budget
of the Economic Development Corporation. This is the first required public hearing and the final public hearing will be held on September 8, 2009 at 6:30 p.m. in the City Council Chambers.
FISCAL IMPACT General Fund $ 18,019,905 RECOMMENDATION Staff recommends that the Mayor open the public hearing, receive the public comment upon the proposed budget and close the public
hearing. Staff further recommends that the City Council approve first reading of Ordinance No. 09-T-36, adopting the budget for the fiscal year beginning October 1, 2009 and ending September
30, 2010. ATTACHMENT Ordinance No. 09-T-36
ORDINANCE NO. 09-T-36 AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF SCHERTZ,
TEXAS; PROVIDING FOR THE FILING OF THE BUDGET; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Schertz is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and WHEREAS, the City Manager of the City of Schertz submitted a budget proposal to the City Council prior to the beginning of the fiscal year, and in said budget proposal
set forth the estimated revenues and expenditures and made the detailed classification as required by the City Charter of the City of Schertz, Texas; and WHEREAS, the City Council finds
that all provisions pertaining to the adoption of a budget contained in the City Charter have been in all things complied with; and WHEREAS, a Public Hearing was held by the City Council
of the City of Schertz, Texas on the 1st day of September, 2009; and WHEREAS, after a full and final consideration, the City Council is of the opinion that the budget should be approved
and adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: SECTION 1. The budget of the Expenditures of the City of Schertz for the ensuing
Fiscal Year beginning October 1, 2009 and ending September 30, 2010, as modified by the City Council, be, and the same is, in all things, adopted and approved as the said City of Schertz
budget for the Fiscal Year beginning the first day of October, 2009, and ending the thirtieth day of September, 2010.
SECTION 2. The sums below are hereby appropriated from the respective funds for the payment of expenditures on behalf of the City government as established in the approved budget document:
2009-2010 Budget General Fund $18,019,905 Water & Sewer $15,047,513 Tax I & S $ 3,567,242 EMS $ 6,580,398 Drainage $ 664,302 Capital Recovery $ 4,555,002 SED $ 1,937,196 Hotel/Motel
$ 370,319 Special Events $ 169,344 Parks Fund $ 33,500 Recycling $ 46,000 Total $50,990,721 SECTION 3. A true and correct copy of this ordinance along with the approved budget attached
hereto, and any amendments thereto, shall be filed with the City Secretary. In addition, the City Manager is hereby directed to file or cause to be filed a true and correct copy of this
ordinance along with the approved budget attached hereto, and any amendments thereto, in the office of the County Clerk of Guadalupe, Comal and Bexar Counties, Texas, as required by
law. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and of the Code Code of Ordinances of the City of Schertz, Texas (2006), as amended, except where the
provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are
hereby repealed. SECTION 5.
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation
in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. This ordinance shall be in full force and effect from and after its final passage,
and it is so ordained. PASSED AND APPROVED ON FIRST READING THIS 1st DAY OF SEPTEMBER 2009. ___________________________ Hal Baldwin, Mayor ATTEST: _____________________________ Brenda
Dennis, City Secretary PASSED AND APPROVED ON SECOND READING THIS 8th DAY OF SEPTEMBER 2009. ____________________________ Hal Baldwin, Mayor ATTEST: _____________________________ Brenda
Dennis, City Secretary APPROVED AS TO FORM AND LEGALITY: ___________________________________ City Attorney
Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: September 1, 2009 Department: Finance Subject: Ordinance No. 09-T-37 -Fiscal Year 2009-10 Proposed Tax Rate First Reading BACKGROUND
In accordance with Chapter 26 of the Texas Tax Code the City Council must hold two (2) public hearings on a proposed tax rate. At the August 18, 2009 regular session the City Council,
by record vote, established a proposed maximum tax rate of $0.4342 per $100 of value. This proposed rate is not subject to rollback This public hearing will be the second and final public
hearing. The first required hearing was conducted at the August 25, 2009 regular session. FISCAL IMPACT None RECOMMENDATION Staff recommends that the City Council approve Ordinance No.
09-T-37 approving the Fiscal Year 2009-10 Proposed Tax Rate on first reading. The motion is “I move that property taxes be increased by the adoption of a tax rate of $0.4342 and adoption
of an ordinance adopting the 2009 tax rate. “Further Staff recommends that the Mayor announce that the vote adopting the tax rate will take place on September 8, 2009 at 6:30 P.M., City
Council Chambers 1400 Schertz Parkway, Schertz Texas 78154.” ATTACHMENT Ordinance No. 09-T-37
ORDINANCE NO. 09-T-37 AN ORDINANCE APPROVING THE APPRAISAL ROLL; SETTING THE TAX RATE; LEVYING AND ASSESSING GENERAL AND SPECIAL AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL
GOVERNMENT OF THE CITY OF SCHERTZ, TEXAS; APPORTIONING THE LEVIES FOR SPECIFIC PURPOSES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager of
the City of Schertz submitted a tax rate proposal to the City Council prior to the beginning of the fiscal year, and in said tax rate proposal set forth the estimated necessary tax rate
required to provide adequate revenues for the general use and support of the Municipal Government of the City of Schertz Texas; and WHEREAS, the City Council finds that all provisions
pertaining to the adoption of an ad valorem tax rate have been in all things complied with; and WHEREAS, a Public hearing was held by the City Council of the City of Schertz on the 25th
day of August, 2009 and a second Public Hearing was held on the 1st day of September 2009; and WHEREAS, after a full and final consideration, the City Council is of the opinion that
the tax rate and ad valorem tax appraisal roll should be approved and adopted; and 1. WHEREAS, the taxes have been levied in accordance with the adopted 2009-10 budget as required by
state law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: SECTION 1. The ad valorem tax appraisal roll and effective tax rate information as
presented by the tax assessor for the tax year 2009, be and is hereby in all things approved and adopted. SECTION 2. This tax rate will raise more taxes for Maintenance and Operations
than last year’s tax rate. SECTION 3. This tax rate will raise taxes for Maintenance and Operations on a $156,130 Home by approximately $39.34. SECTION 4. There is hereby levied and
assessed and there shall be collected for the tax year 2009 for the general use and support of the Municipal Government of the City of Schertz, Texas a total ad valorem tax of Forty-Three
Point Forty-Two Cents ($0.4342) on each One Hundred
Dollars ($100.00) of valuation of property – real and personal – within the corporate limits of the City of Schertz, Texas, subject to taxation. The assessment ratio shall be One Hundred
percent (100%). SECTION 5. The City Council of the City of Schertz, Texas,
does hereby levy or adopt the tax rate on $100.00 valuation for this city for tax year 2009 as follows: 1. 0.284200 for the purpose of maintenance and operation 2. 0.150000 for the
payment of principal and interest on debt 3. 0.434200 total tax rate SECTION 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs
and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of the ordinance shall be declared unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the
same would have have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION
7. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. SECTION 8. Ad valorem taxes for the year are due and payable on October 1, 2009
and shall become delinquent after January 31, 2010. A delinquent tax shall incur all penalty and interest authorized by state law, Section 33.01 of the Property Tax Code. Taxes that
remain delinquent on and after July 1, 2010, incur an additional penalty of 15% of the amount of the taxes, penalty and interest due, such additional penalty to defray the cost of collection
as authorized in Section 6.30 of the Property Tax Code. The City shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under
this ordinance. SECTION 9. Taxes are payable at the office of the counties of Comal, Bexar and Guadalupe. PASSED AND APPROVED ON FIRST READING THIS 1st DAY OF SEPTEMBER 2009. ________________________
__ Hal Baldwin, Mayor ATTEST:
_____________________________ Brenda Dennis, City Secretary PASSED AND APPROVED ON SECOND READING THIS ________ DAY OF SEPTEMBER 2009. ____________________________ Hal Baldwin, Mayor
ATTEST: _____________________________ Brenda Dennis, City Secretary