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SCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 AGENDA TUESDAY, SEPTEMBER 8, 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. PRESENTATION • Recognition and presentation to Ed “Grumpy” Azzoz for his outstanding
support, service and excellent food provided at the Schertz Library Opening Gala, August 28, 2009. (Mayor Baldwin) 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 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. 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. Final Reading (J. Bierschwale) 2. Second 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. Taylor/J. Santoya) Ordinance No. 09-T-36 Consideration and/or action approving an Ordinance Adopting the FY 2009-10 budget. Final Reading (D.
Taylor/J. Santoya) 9-8-09 Council Agenda
3. Ordinance No. 09-T-37 -Tax Rate for Fiscal Year 2009-10 -Consideration and/or action approving an Ordinance on the proposed FY 2009-10 Tax Rate. Final Reading (D. Taylor/J. Santoya)
BOARD APPOINTMENTS 4. Appointment/Reappointment to Boards and Commissions/Committees – Consideration and/or action regarding appointments/reappointments to Boards and Commission/Committees.
• Ratify the Resignations of Malford and Rose Ackerman from the Historical Preservation Commission • Appointment of Robert “Bob” Crawford and Michael Tews to the Historical Preservation
Commission 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 5. Take any other action deemed necessary as a result of the Executive Session. Requests and Announcements 6. Requests
by Mayor and Councilmembers that items be placed on a future City Council agenda. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information. 8. 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 9. Announcements by City
Manager • Recognition of City employee actions • New Departmental initiatives Adjournment 9-8-09 City Council Agenda Page -2 -
CERTIFICATION I, MARY YBARRA, DEPUTY 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 3rd
DAY OF SEPTEMBER 2009 AT 12:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE.
Mary Ybarra MARY YBARRA, TRMC, DEPUTY 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 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 9-8-09 City Council Agenda Page -3 -
Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: September 8, 2009 Department: City Manager Subject: Ordinance No. 09-A-38 -Annexation of Former Schertz Animal Shelter Property
(Final reading) 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. City Council passed this on first reading
at their meeting of September 1, 2009. FISCAL IMPACT None. RECOMMENDATION Adoption of Ordinance 09-A-38 final 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 8th 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. 2 CITY COUNCIL MEMORANDUM City Council Meeting: September 8, 2009 Department: Finance Subject: Public Hearing – Fiscal Year 2009-10 Budget Ordinance No. 09-T-36 Final 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 final public hearing adopting the FY 2009-10 Budget, the first public hearing was held on September 1, 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 final 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 $ 1,935,396 Hotel/Motel
$ 370,319 Special Events $ 169,344 Park Fund $ 33,500 Recycling $ 46,000 Parks & Recreation Foundation $ 175,000 Total $51,163,921 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 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. 3 CITY COUNCIL MEMORANDUM City Council Meeting: September 8, 2009 Department: Finance Subject: Ordinance No. 09-T-37 -Fiscal Year 2009-10 Proposed Tax Rate Final 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 The first required hearing was conducted at the August
25, 2009 regular session. A second and final public hearing was conducted on September 1, 2009. FISCAL IMPACT None RECOMMENDATION Staff recommends that the City Council approve Ordinance
No. 09-T-37 final reading approving the Fiscal Year 2009-10 Proposed Tax Rate on final reading. The motion is “I move that property taxes be increased by the adoption of a tax rate of
$0.4342 and adoption of the final reading of an ordinance adopting the 2009 tax rate. 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 8th DAY OF SEPTEMBER 2009. ____________________________ Hal Baldwin, Mayor ATTEST:
_____________________________ Brenda Dennis, City Secretary
Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: September 8, 2009 Department: City Council Subject: Boards and Commissions Appointments/reappointments BACKGROUND The City
Council will consider action regarding the resignations and appointment/reappointment of boards and commission members. FISCAL IMPACT None RECOMMENDATION It is recommended that the City
Council ratify the resignation of Mel and Rose Ackermann from the Historical Commission and make the following appointments: ATTACHMENTS Resignation: Malford and Rose Ackermann Applications:
Robert “Bob” Crawford – Voting Member Michael Tews – Voting Member Christie Bourquin – Associate Non-Voting Member