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1988D4- CLARIFY PREVIOUSLY AMENDED SECTIONS OF SAID CODE ORDINANCE NO. ~ff-l):jf AN ORDINANCE BY TH& CITY COUNCIL OF THE CITY OF SCHERTZ. TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTIONS 12- 1, 12-4, 12-6, 18-16. 18-29, 18-78 AND 19-37 TO CLARIFY PREVIOUSLY AMENDED SECTIONS OF SAID CODE; AND SECTIONS 2-2, 2-11, 18-32,18-33,18-45 18-58, 18-76, 18-91 TO CLARIFY THE RENAMING OF LIVE OAK ROAD TO SCHERTZ PARKWAY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. WHEREAS, the street name of Live Oak Road has officially be changed to Schertz Parkway and passage of previous revisions to code of ordinances creates a conflict, it has been determined that there should be certain amendments to the Code of Ordinances of the City of Schertz, Texas; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I THAT Sec. 2-2 , Code of Ordinances, City of Schertz. Texas is hereby amended to read as follows: Sec. 2-2. Time and place of council meetings. (a) the p.m. 1400 The regular meetings of first and third Tuesdays Such meetings shall be Schertz Parkway, in the the city council shall be held on of each month, commencing at 7:00 held at the city council chambers, City of Schertz. (b) Any special meetings of the city council shall also be held at 1400 Schertz Parkway, in the city, unless otherwise designated by posted written notice of the city secretary. THAT Sec. 2-11 (c) is hereby amended to read as follows: Sec. 2-11 Non Liability in claims for property damage or personal injury (c) All notices required by this Section shall be effectuated by serving them upon the City Manager at the following location: 1400 Schertz Parkway, Schertz, Texas, and all such notices shall be effective only when actually received in the office of the person named above. THAT Sec. 12-1 of the Code of Ordinances Schertz is hereby amended to read as follows: of the City of Sec. 12-1. Jurisdiction. The municipal court shall have exclusive original jurisdiction within the corporate limits in all criminal cases in which punishment is by fine only and where the maximum of such fine does not exceed $1,000 in all cases arising under the ordinances of such city that govern fire safety, zoning, or public health and sanitation, including dumping of refuse and where the maximum of such fine does not exceed $200 in all other cases arising under the ordinances of such city, and shall have concurrent jurisdiction with any justice of the peace in any precinct in which the city is situated in all criminal cases arising under the criminal laws of this State, in which punishment is by fine only, and where the maximum of such fine may not exceed $200, and arising within such corporate limits. THAT Sec. 12-4 of the Code of Ordinances Schertz is hereby amended to read as follows: of the City of Sec. 12-4 Assessment and collection of special expenses in connection with personal bond. The judge of the municipal court is hereby authorized to assess, levy and collect those special expenses dealing with the requisites of a personal bond and a special expense for the issuance and service of a warrant of arrest, after due notice, in an amount not to exceed twenty five dollars($25.00) Such spOecial expenses shall be paid into the city treasury for the use and benefit of the city. THAT Sec. 12-6(c),(g) and (h) of the Code of Ordinances of the City of Schertz is hereby amended to read as follows: Sec. 12-6. Failure to answer summons (c) Voluntary payment of fine after issuance of arrest warrant. In the event a warrant of arrest has been validly prepared, authorized, logged and issued prusuant to this section and the defendant, prior to the service of said warrant upon said defendant, voluntarily comes forward to pay his fine, the fine assessed shall be in accordance with the fee schedule for voluntary payment of fines then in force as recommended by the judge of the municipal court; however, the twenty five dollars ($25.00) warrant fee shall be collected in addition to such fine. (g) Failure to appear at next docket; forfeiture of complaint filed; warrants issued; etc. bond; new In the event such defendant is released pursuant to his bond and fails to make his appearance at the next court docket of the municipal court of the City of Schertz, Texas, such bond or bonds shall be forfeited in the manner provided by law and a new and additional complaint for failure to appear shall be filed. The clerk of the municipal court shall then cause warrants to be issued on the charges as evidenced by the original complaint and on both charges of failure to appear. Upon his arrest, such defendant shall be confined in jail and shall not be released except upon his payment of a fine of two hundred dollars($200.00) for each of the two (2) failures to appear and the payment of the three twenty five dollar($25.00) warrant fees. In the alternative, however, such defendant shall be released upon his posting a cash bond in the amount of said fines and warrant fees or by the direction of his release by a writ of habeas corpus or other writ issued by a court of competent jurisdiction. (h) Process server's fee. There shall be paid a fee of twenty-five dollars($25.00) to each officer serving, or having made all reasonable attempts to serve, a warrant issued prusuant to this section. THAT Sec. 18-16(a) and Sec. read as follows: 18-16(b) is hereby amended to Sec. 18-16. Payment of fine at Municipal Court Clerk Office for certain violations. (a) The judge of the municipal court may designate violations of this chapter which may be satisfied by payment, at the Municipal Court Clerks office, of fines prescribed by the judge, such fines to be within the limits prescribed by Sections 1-8 of this Code. (b) Any person who has received any notice to appear in answer to a traffic charge designated in accordance with subsection (a) may, within the time specified in the notice, appear at the municipal court clerks office and answer the charge set forth in such notice by paying the prescribed fine and, in writing, pleading guilty to the charge, waiving a hearing in court and giving power of attorney to the eprson in charge of the municipal court clerks office to make such a plea and pay such fine in court. THAT Sec. 18-29 of the Code of Ordinances of the City of Schertz is hereby amended to read as follows: Sec. 18-29. No-passing zones The city council is hereby authorized to determine, by ordinance, those portions of any street in the city where overtaking and passing or driving of the left side of the roadway would be especially hazardous and may, by appropriate signs or markings on the roadway, indicate the beginning and end of such zones. When such signs or markings are in place and clearly visible to any ordinarily observant person, every driver of a vehicle shall obey the directions thereof. THAT Sec. 18-32 of the Code of Ordinances of the City of Schertz be amended by deleting the following: Through Streets Cross of Stop Streets Live Oak Road Aero Avenue Beck Street Clyde Ford Drive Elbel Road Exchange Avenue Main Street Maske Road Menlo Drive Mitchell Avenue Municipal Complex North Exit Pecan Drive School Road Wuest Store Parking Lot Maske Road Live Oak Road THAT Sec. 18-32 of the Code of Ordinances of the City of Schertz is hereby amended by adding the following Sec. l8-32Stop intersections-Designated-Generally. Through Streets Cross or Stop Streets East Live Oak Road Maske Road Menlo Drive IH 35 Access Road Schertz Parkway Schertz Parkway Aero Avenue Beck Street Clyde Ford Drive East Live Oak Road Exchange Avenue Live Oak Blvd.(13th Row) Main Street Maske Road Mitchell Avenue Municipal Complex North Exit Pecan Drive Savannah Drive School Road Wuest Store Parking lot THAT Sec. 18-33 of the Code of Ordinance, City of Schertz is hereby amended by deleting the following: Sec. 18-33 Same--Same--Four-way stops. (2) Curtiss Avenue and Live Oak Road (6) Live Oak Road and ElbellAero Avenue THAT Sec. 18-33 of the Code of Ordinances City of Schertz is hereby amended by adding the following: (2) Curtiss Avenue and Schertz Parkway (6) Schertz Parkway and Elbel/Aero Avenue THAT Sec. 18-45 of the Code of Ordinances of the City of Schertz is hereby amended to read as follows: Sec. 18-45. Vehicular Weight limit On Portion of Schertz Parkway and East Live Oak Road. A vehicle weight limit of three (3) following: tons is placed on the (a) Schertz Parkway from its intersection with Elbel Road north to IH 35 Access Road. (b) East Live Oak Road from Parkway to its intersection with Hays Boulevard). its intersection with Schertz Farm to Market Road 3009(Jack THAT Sec. 18-58 of the Code of Ordinances of the City of Schertz is hereby amended by deleting the following: Sec. 18-58. Traffic light locations. (d) Intersection of Farm Market 78 at Live Oak Road. THAT Sec. 18-58 of the Code of Ordinances of the City of Schertz is hereby amended by adding the following: Sec. 18-58. Traffic light locations. (d) Intersection of Farm Market 78 at Schertz Parkway. THAT Sec. 18-76 of the Code of Ordinances of the City of Schertz is hereby amended by deleting the following: Sec. 18-76. Maximum limits on specific streets. Street Extent Speed limit Elbel Road From Live Oak Road to Farm Market 3009(Jack Hays Blvd) 30 MPH Live Oak Road From Farm Market Road 78 to Farm Market Road 3009 30 MPH THAT Sec. 18-76 of the Code of Ordinances of the City of Schertz is hereby amended by adding the following Street Extent Speed limit Elbel Road From Schertz Parkway to Farm Market 3009(Jack Hays Blvd.) 30 MPH East Live Oak Road From Schertz Parkway to Farm Market 3009(Jack Hays Blvd.) 30 MPH THAT Sec. 18-78 of the Code of Ordinances of the City of Schertz is hereby amended to read as follows: Sec. 18-78. Exceptions from article. The provisions of this article regulating speeds of vehicles shall not apply to vehicles owned and operated by the fire department responding to calls, nor to police officers acting in their official capacity, nor to physicians or ambulances responding to emergency calls. THAT Sec. 19-37(d) of the Code of Ordinances of the City of Schertz is hereby amended to read as follows: Sec. 19-37. Water rates established. (d) Whenever water is purchased by any consumer other than through a service connection through the mains of the city, and such water is purchased from taps belonging to the city, such consumer shall pay thirty cents ($0.30) for each one hundred (100) gallons of water purchased or three dollars ($3.00)_ per thousand gallons. THAT Sec. 18-91 of the Code of Ordinances of the City of Schertz is hereby amended by deleting the following: Sec. 18-91. Parking prohibited. Street Extent Elbel Road Either side from Live Oak Road to Farm Market 3009 (Jack Hays Blvd.) Exchange Avenue North side from Live Oak Road to Koch Street. Live Oak Road Either side from Farm Market 78 to Farm Market 3009(Jack Hays Blvd. ) Maske Road From the intersection of Live Oak Road to the westerly City limits when signs are posted. Pecan Drive Either side from Colony Drive to Live Oak Road THAT Sec. 18-91 of the Code of Ordinances of the City of Schertz is hereby amended to add the following: Sec. 18-91. Parking prohibited. Street Extent East Live Oak Road Either side from Schertz Parkway to Farm Market 3009(Jack Hays Blvd.) Elbel Road Either side from Schertz Parkway to Farm Market 3009(Jack Hays Blvd.) Exchange Avenue North side from Schertz Parkway to Koch Street. Maske Road From East Live Oak Road to the westerly City limits when signs are posted. Pecan Drive Either side from Colony Drive to Schertz Parkway. Schertz Parkway Either side from Farm Market 78 to IH 35 Access Road. II THAT all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. PASSED, APPROVED AND ADOPTED this the/~day 19ft. r~(vo ' of l-...J~ 1 9 'i2K.. APPROVED on the first reading the ~day of ATTEST: () (SEAL OF CITY)