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08-25-2015 Agenda with backup City Council Agenda REGULAR SESSION CITY COUNCIL AUGUST 25, 2015, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 08-25-2015 Council Agenda Policy Values Economic Prosperity Fiscally Sustainable Family Friendly for All Ages High Quality of Life Safe Community Essential Services Attractive Community Innovative and Proactive Service Oriented Friendly City AGENDA TUESDAY, AUGUST 25, 2015 AT 6:00 P.M. Call to Order – City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Carpenter) City Events and Announcements  Announcements of upcoming City Events (B. James/D. Wait/B. Cantu)  Announcements and recognitions by City Manager (J. Kessel) Employee Recognition  Employee Longevity Recognition – Mike DeLeon General Services Department – 35 years. (J. Kessel)  Employee Promotion Recognition – John Perry – Fire Marshal. (D. Wait/D. Covington)  New Employee Recognition – New Assistant Fire Chief Kade Long. (D. Wait/D. Covington) 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 3 minutes. 08-25-2015 City Council Agenda Page - 2 - All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Presentation  Schertz EMS Community Health Program (D. Wait/K. Burnam)  Update and acknowledgement regarding the grant acceptance from Guadalupe County 100 Club. (M. Hansen/J. Correu)  Update and acknowledgement regarding the grant acceptance from Bexar Metro 911. (M. Hansen/J. Correu) Workshop  Workshop discussion and direction regarding the Aquatic Facility. (B. James/P. Gaudreau) Consent Agenda Items The Consent Agenda is considered self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Ordinance No. 15-H-27 – Consideration and/or action approving an Ordinance amending Chapter 14 of the City of Schertz Code of Ordinances to adopt a trap, neuter, and release program and certain regulations with respect thereto; adding definitions; repealing all Ordinances or Resolutions or parts of Ordinances or Resolutions in conflict. Final Reading (M. Harris/S. Roman) 2. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees – Consideration and/or action regarding appointment of Ms. Shonale Burke as Alternate No. 2 to the Library Advisory Board. (Mayor/Council/B. Dennis) 3. Resolution 15-R-75 – Consideration and/or action approving a Resolution authorizing the submitted changes to the Schertz Library Advisory Board By-Laws. (B. James/M. Uhlhorn) 08-25-2015 City Council Agenda Page - 3 - Discussion and Action items 4. Ordinance No. 15-S-28– Conduct a public hearing and consideration and/or action approving an Ordinance upon a request to rezone 13183 IH-10 East, approximately 35 acres of land, from Predevelopment District (PRE) to General Business District (GB). First Reading (B. James/L. Wood/B. Cox) 5. Ordinance No. 15-S-29 – Conduct a public hearing and consideration and/or action approving an Ordinance upon a request to rezone 807 Main Street, approximately 0.25 acres of land, from Single-Family Residential District-2 (R-2) to Main Street Mixed Use District (MSMU). First Reading (B. James/L. Wood/B. Cox) 6. Public Hearings on Proposed Budget for FY 2015-16 – Conduct a public hearing and consideration and/or action regarding the adoption of the FY 2015-16 Budget. (Second required public hearings) (J. Kessel/J. Walters) Ordinance No. 15-T-30 - City of Schertz FY 2015-16 Budget - Consideration and/or action approving an Ordinance on the proposed FY 2015-16 Budget. First Reading (J. Kessel/J. Walters) 7. Public Hearings on Proposed Tax Rate – Conduct a public hearing and consideration and/or action regarding the adoption of the FY 2015-16 Tax Rate. (Second required public hearings) (J. Kessel/J. Walters) Ordinance No. 15-T-31 – Tax Rate for Fiscal Year 2015-16 - Consideration and/or action approving an Ordinance on the proposed FY 2015-16 Tax Rate. First Reading (J. Kessel/J. Walters) Roll Call Vote Confirmation Executive Session 8. City Council will meet in closed session under section 551.074 Evaluations of the City Manager. 9. City Council will meet in closed session under section 551.074 Evaluations of the City Secretary and Deputy City Secretary. Reconvene into Regular Session 8a. Take any necessary action based on discussions held in closed session under Agenda Item number 8 including possible increase in salary. 9a. Take any necessary action based on discussions held in closed session under Agenda Item number 9 including possible increase in salary. PH PH PH PH 08-25-2015 City Council Agenda Page - 4 - Roll Call Vote Confirmation Requests and Announcements 10. Announcements by City Manager  Citizen Kudos  Recognition of City employee actions  New Departmental initiatives 11. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 12. 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 Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 21st DAY OF AUGUST 2015 AT 4:30 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis Brenda Dennis, 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 _______________, 2015. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210-619-1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. 08-25-2015 City Council Agenda Page - 5 - Executive Sessions Authorized: This agenda has been reviewed and approved by the City’s legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Audit Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Mayor Pro-Tem Fowler – Place 1 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember Azzoz – Place 2 Animal Control Advisory Committee Sweetheart Advisory Committee Councilmember John – Place 3 Lone Star Rail District Councilmember Edwards – Place 4 Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Councilmember Thompson Place 5 Audit Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: August 25, 2015 Department: Animal Services Subject: Ordinance No. 15-H-27 – Ordinance amending Chapter 14 of the Code of Ordinances to adopt a trap, neuter, and release program and certain regulations with respect thereto. Final Reading BACKGROUND Animal Services is requesting to implement a Trap-Neuter-Return Program for stray and feral cats. Statistics show that the program will greatly reduce the number of stray, un-neutered, un- vaccinated animals in a colony and keep new cats from entering the colony. Implementing this program is an effective and humane way to stabilize community cat populations. Cats are humanely trapped and taken to a veterinarian, where they are neutered and vaccinated. Kittens and socialized cats are placed into loving homes. Healthy, adult cats are returned to their colony site, where they are often provided continuing care by volunteers. A feral cat caregiver is a volunteer, uncompensated person who agrees to facilitate the trap, neuter and return program. They will follow the rules and regulations set forth by Animal Services and will be responsible for providing food, water and shelter for the cats in the colony. A permitted caregiver will be responsible for trapping and transporting the cats for spay/neuter/vaccinations. They will also provide Animal Services with updates on the colonies. Council approved this on first reading at their meeting of August 18, 2015. FISCAL IMPACT Animal Services will provide traps to the caregivers for this purposes of this program. The cost of additional traps are $75. The department will also fund all spay/neuter/vaccinations for the cats in the program. On average, the cost per cat will be $65-$75. Grant money and additional funding from non-profit organizations has been identified to offset the spay/neuter costs. RECOMMENDATION Animal Services recommends the approval of final reading of Ordinance 15-H-27 regarding the Trap-Neuter-Return program for the City of Schertz. The overall impact includes: healthier outdoor cats, reduced number of litters of stray kittens, and reduction of euthanasia of feral/unwanted cats. ATTACHMENTS Ordinance No. 15-H-27 - 1 - ORDINANCE NO. 15-H-27 AN ORDINANCE AMENDING CHAPTER 14 OF THE CITY OF SCHERTZ CODE OF ORDINANCES TO ADOPT A TRAP, NEUTER, AND RELEASE PROGRAM AND CERTAIN REGULATIONS WITH RESPECT THERETO; ADDING DEFINITIONS; REPEALING ALL ORDINANCES OR RESOLUTIONS OR PARTS OF ORDINANCES OR RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Schertz has determined to amend Chapter 4 of the Code of Ordinances of the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I. CODE AMENDED. Chapter 14 of the City of Schertz’ Code of Ordinances is hereby amended to read as follows: “CHAPTER 14 ANIMAL CONTROL ARTICLE I. DEFINITIONS Section 14.1. Definitions. The following definitions shall apply in the interpretation and enforcement of this Chapter: Animal: Any mammal/reptile, domestic or wild. Animal at Large: Any animal, other than a cat that is part of the trap, neuter and return program or a registered, domesticated, free-roaming cat, not under restraint of a person who has care, custody, possession or control of the animal either on or off the premises of the owner; that is found to be outside a fence or enclosure on the property to which the animal belongs; or that is otherwise off the premises of the owner of the animal or person with care, custody, possession, or control of the animal. - 2 - Animal Control Officer: Person designated and duly sworn by the City as an enforcement officer who is qualified to perform such duties under the laws of the City and/or the State, and who holds a Basic Animal Control Officer Certification. Animal Shelter: Any facility operated by the City, or its authorized agents for the purpose of impounding, quarantining, or caring for animals held under the authority of this Chapter. Animal Licensing: The assignment by the Schertz Animal Shelter of a number to each animal for which the appropriate fee has been paid and which has been vaccinated with anti-rabies vaccine if required. Auctions: Place or facility where animals are regularly bought, sold, or traded except for those facilities otherwise defined in this Code. This term does not apply to individual sales of animals by private owners. Bite: Puncturing or tearing of the skin by an animal's teeth that could result in the exchange of blood and saliva. Cat: Any Felix Catus. Cat Colony: A colony of free-roaming (homeless, stray, wild or un-tamed) cats that have been registered with the department and is maintained by a colony caretaker (who provides food, water and shelter) using trap, neuter and return methodology. Circus: Commercial variety show featuring animal acts for public entertainment. City: The City of Schertz. City Veterinarian: Person or persons appointed by the City Council, licensed to practice veterinary medicine in the State. Commercial Animal Establishment: Pet shop, grooming shop, guard dog or obedience training center, animal auction, riding school or stable, zoological park, circus, performing animal exhibition, or boarding or breeding kennel. Commercial Property: A tract of land and/or building zoned for, or utilized for, commercial or business uses in the city limits, including temporary commercial sites. Confined: A situation by which an animal is effectively prevented from being free to roam or run at large. Custodian: A person or agency that feeds, shelters, harbors, or has possession or control or responsibility to control an animal. Dangerous Animal: Any animal that attacks, bites, or injures human beings or domesticated animals without provocation, or which, because of temperament, conditioning, or training, has a known propensity to attack, bite, or injure human beings, - 3 - or domesticated animals; or an individual animal which the local health authority has reason to believe has a dangerous disposition, likely to be harmful to humans or other animals. Dog: Any Canis Familiaris including hybrids. Domestic Animal: Any animal normally adapted to live in intimate association with humans or for the advantage of humans. Ear Tipping: A straight line cut of the tip of the left ear of a cat while the cat is anesthetized to identify the cat as spayed/neutered. Exotic Animals: Animals that are not livestock or typical domestic animals, including but not limited to the following: ferrets, pythons, boa constrictor, non- poisonous spiders, scorpions, or lizards. Feral: Any domestic animal that has escaped domestication and reverted back to a wild state. Feral Cat: A cat that exists in a wild or untamed state, either due to birth or reversion to a wild state from domestication. The usual and consistent temperament of a feral cat is extreme fear and resistance to contact with humans. Feral cats are completely or substantially unsocialized to humans. Feral Cat Caregiver: A volunteer, uncompensated person who agrees to facilitate the trap, neuter and return program in accordance with this chapter and any rules and regulations established by the Animal Services Manager and who is responsible for providing food, water and shelter for the cats in the trap, neuter and return program. Feral Cat Colony: A group of feral cats that congregate, more or less, together as a unit. Although not every cat in a colony may be feral, any non-feral cats that congregate with a colony shall be deemed a part of it. Fowl: A bird of any kind: domestic or wild, cock or hen (Gallus Gallis). Foster: To provide care or nurture animals until a suitable home can be found in accordance with guidelines set by Schertz Animal Control and Schertz Human Society d.b.a. Homes For Pets. Free-Roaming- Any animal not under restraint or kept in an enclosure. Grooming Shop: Commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed. Guard Dog: Any professionally trained dog that will detect and warn its handler that an intruder is present in or near an area that is being secured. Any dog that is utilized to protect commercial property. - 4 - Guard Dog Permits: Issued for each commercial establishment where guard dogs are to be used or where guard dogs are kept or boarded. Guard Dog Training Center: Commercial property where guard dogs are to be used, or where guard dogs are to be kept, boarded, bred, sold, let to hire, or trained for a fee for guard dog purposes. Handler: Any person who is responsible for and capable of controlling the actions of a guard dog, or training or transporting a guard dog. High Risk Animal: Animals which have a high probability of transmitting rabies including, but not limited to, skunks, bats, raccoons, coyotes, and species of foxes indigenous to North America. Housing Facility: Any room, building, or area used to contain a primary enclosure or enclosures. Humanely Killed: To cause the death of an animal by a method which (a) rapidly produces unconsciousness and death without visible evidence of pain or distress; or (b) utilizes anesthesia produced by an agent which causes painless loss of consciousness and death following such loss of consciousness. Hybrid: Any offspring of two animals of different species. Kennel or Cattery: Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs and cats, and/or a facility for keeping more than three (3) animals of the same species. Impoundment: The collecting or confining of an animal due to City Ordinance violation or because of a contract with a county, municipality or military base. Isolation: The separation of animals exposed or potentially exposed to rabies or other diseases. Licensed Veterinarian: A veterinarian licensed to practice veterinary medicine by the State Board of Veterinary Medical Examiners. Livestock: An animal raised for human consumption (e.g. goats, cows, pigs, poultry or sheep) or an equine animal. Local Health Authority: The officer designated by the City Council under Texas Health and Safety Code Chapter 826, as amended from time to time. LRCA: Local Rabies Control Authority. - 5 - Microchip: A tiny transponder possessing a unique identification number that can be injected or inserted just under the skin of a pet to assist in identification if the pet is lost or stolen. Owner: Person who feeds/harbors an animal(s) for more than seventy-two (72) hours without the presence of that animal being recorded in the records of the Shelter as a stray animal. Persons caring for an animal at the request of an owner are not included in the definition of owner, but are required to keep the animal in compliance with this Code. An owner does not include a feral cat caregiver participating in an authorized trap, neuter and return program. Performing Animal Exhibitions: Spectacle, display, act, or event other than circuses and rodeos in which animals are used, and shall include animal amusement vendors such as, but not limited to, pony rides, commercial horseback pictures, etc. Person: Individual, corporation, government or governmental subdivision, or agency, business trust, estate, partnership, association, or any other legal entity. Pet or Companion Animal: A domestic or tamed animal, kept for pleasure rather than utility. Pet Shop: Business establishment (sole proprietor, partnership or corporation), whether licensed or not by the City, where two (2) or more species of animals including, dogs, cats, fish, birds, reptiles, or rodents are kept for sale or commercial barter. Positive Control: Confined to a quarantine facility where the animal cannot make physical contact with other animals or humans, other than a licensed veterinarian, Animal Control Officer, or Shelter Operator. Possible Exposure to Rabies: A bite received from any warm-blooded animal, animal to human or animal-to-animal is reason to suspect exposure rabies. Poultry: Any species of domesticated birds commonly kept for eggs and/or meat. Provocation: Any purposeful act that causes an animal to bite, scratch, or attack in protection of itself or its owner or its owner's premises. Entrance, in any manner, into an area where an animal is properly under restraint in compliance with City ordinances would be considered provocation, irrespective of the reason for such entrance. Public Nuisance: Any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The term "Public Nuisance Animal" shall mean and include, but is not limited to, any animal that (a) is repeatedly at large or stray; (b) damages the property or anyone other that its owner; - 6 - (c) molests or intimidates pedestrians or passersby; (d) trespasses on school grounds; (e) chases vehicles; (f) excessively makes disturbing noises, including, but not limited to continued/ repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; (g) causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; (h) causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; (i) is offensive or dangerous to the public health, safety, or welfare by virtue of the number and or type of animals maintained; or (j) attacks other domestic animals or humans. Quarantine: Strict confinement, for the purpose of preventing the spread of disease, under restraint by closed cage or padlock or in any other manner approved by the local health authority on the private premises of the animal’s owner or at a facility approved by the Texas Department of Health. Quarantine Period: That portion of the observation period during which an animal is physically confined for observation as provided for under the quarantine method and testing section of this Chapter. Rabies: An acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. Rabies Vaccination: A protective inoculation given under the direction of a licensed veterinarian with a rabies vaccine recognized and approved by the U.S. Department of Agriculture, Bureau of Animal Industry, given in an amount sufficient to provide immunity and satisfies the requirement of State law. Restraint: A chain, rope, tether, leash, cable, or other device that attaches an animal to a stationary object or trolley system, or a substantial fence or pen. Riding School or Stable: A place that has available for hire, boarding, and/or riding instruction, any horse, pony, donkey, mule, or burro, or any place that regularly buys, sells, or trains the above animals, including a racetrack, trotting track, or rodeo. - 7 - Run at large: To be free of restraint while outside the boundaries of the real property of the owner. Scratch: A scrape left by the claws or nails of an animal that is of sufficient severity to break the skin and draw blood. Service Animal: An animal having special training to assist/aid a person with disabilities. Sick Animal: Any animal that appears to be suffering from an infectious, contagious, or communicable disease; or that is showing evidence of a physical disorder, or traumatic injury, or that has an elevated temperature. Small Animal: Rabbits, guinea pigs, domestic mice, rats, hamsters, hedgehogs, gerbils, etc. State: The State of Texas. Stray: Animal running free or at large, with no physical or verbal restraint; Sterilization: The surgical removal of the reproductive organs of an animal to render the animal unable to reproduce. Temporary Permit: Not to exceed three (3) consecutive days used for the temporary sale or give away of animal(s) at flea markets. Trap, Neuter and Return Program: A nonlethal, humane alternative to deal with stray cats which are captured, spayed/neutered and returned back to their location in order to encourage the stabilization of the free-roaming cat population in the city. Un-owned Animal: Animal for which an owner has not been identified. Unrestrained: Not restrained by leash or lead, physical or verbal restraint, or by a substantial fence or pen. Utility: Kept for the production of a useful product, or for its skill rather than for show or as a pet. Vaccination Certificate: A document showing on its face that the animal described thereon has received a current inoculation in an amount sufficient to produce an immunity that satisfies the requirement of State law. It must show the date of the inoculation, duration of immunity approved for that vaccine, the name and address of the animal’s owner, all other information required by State law and signed by a licensed veterinarian. Veterinarian: Person licensed to practice veterinary medicine in the State. - 8 - Veterinary Hospital: Establishment maintained and operated by a licensed veterinarian(s) for surgery, diagnosis and treatment of diseases and injuries of animals. Wild Animals: Any non domestic/tamed animal including, but not limited to, wolves, coyotes, panthers, lions, bobcats, cougars, black footed ferrets, skunks, armadillos, poisonous reptiles, raccoons, monkey (non-human primates), and any other animal typically found in a zoo except the following: (a) domestic dogs (b) domestic cats (c) livestock (d) poultry Wildlife: Any animal that typically occurs naturally in the wild state. Wild State: Living in its original, natural condition; not domesticated, regardless of state or duration of captivity. Zoo or Zoological Park: Facility other than pet shops or kennels displaying or exhibiting one or more species of non-domesticated animals. ARTICLE II. ANIMAL SHELTER; ANIMAL CONTROL OFFICER Section 14.2 Animal Shelter. There shall be erected and maintained, under the supervision of the Animal Shelter Supervisor of the City, a suitable building and kennels, to be known as the animal shelter, for the confinement of all animals seized, impounded, or surrendered pursuant to the provisions of this Chapter. The animal shelter shall be kept in a sanitary condition, and all animals taken up and impounded therein shall be properly fed and provided water. All animals shall be treated in a humane manner while under the custody of the Shelter. The Animal Shelter Supervisor is hereby designated as the Health Authority for the purpose of this Chapter. General Shelter procedures are as follows: (a) Licensed impounded animals shall be kept for not more that 120 hours. Any animal not reclaimed by its owner within 120 hours shall become the property of the City and shall become available for adoption in a suitable home or humanely euthanized. (b) Unlicensed impounded dogs and cats, other domestic animals and livestock shall be kept for not more than 72 hours after which time they become the property of the City. (c) Wild cats, dogs or other animals may be kept 0 to 72 hours at the discretion of the Animal Shelter Supervisor or his or her designee. - 9 - (d) Sick or injured animals wearing no apparent identification through which ownership can be determined may be kept 0 to 72 hours at the discretion of the Animal Shelter Supervisor or his or her designee. (e) If, by a license tag or other means the owner of an impounded animal can be identified, the Shelter shall immediately upon impoundment notify the owner by direct contact, telephone, mail, or other reasonable means. (f) An owner reclaiming an impounded animal shall pay all impounding fees, boarding fees and licensing fees according to the fee schedule. If no proof of a current rabies vaccination can be produced, the Animal Control Officer, or an Animal Shelter operator may issue a citation for violation of this law. Impounding and boarding fees will increase with each impoundment occurring within a twelve (12) month period. Section 14.3. Animal Control Officer. (a) The office of Animal Control Officer is hereby created to capture unrestrained dogs, and nuisance animals; and confine them in a humane manner at the Shelter. (b) The Animal Control Officer is hereby empowered during the performance of his or her duties to capture and impound/quarantine any livestock, fowl, cats, dogs, or other domestic and non-domestic animals found running at large (stray) within the City limits and to enforce all provisions of this Chapter. (c) Animals that pose a threat to public health and safety, any wild animal kept illegally or animals that have been cruelly treated or abused shall be impounded by the Animal Control Officer. (d) The Animal Control Officer may issue a citation to the known owner of an animal found to be at large. A person who is convicted of owning an animal at large shall pay a fine as established by the City municipal court. Subsequent convictions of this sub- section within a 12-month period shall increase from the minimum applicable fine. (e) For purposes of discharging the duties imposed by the provisions of this Chapter or other applicable laws, and to enforce the same, duly authorized representatives (or employees) of the City may enter upon private property to the full extent permitted by law, which shall include but not limited to entry upon private unfenced property when in pursuit of any animal which he/she has reason to believe is subject to impoundment pursuant to the provisions of this Chapter or other applicable laws. ARTICLE III. LICENSING/PERMITS Section 14.4. Dog and cat license required; application; license tag. (a) The owner of any dog or cat must apply for a license and pay the license fee required by the City for each dog or cat before the animal attains four (4) months of age. The license may be purchased at the Animal Shelter or City business offices. The application - 10 - shall include the name and address of the applicant, description of the animal, and have attached thereto a copy of the proof of rabies vaccination if applicable. (b) The Animal Shelter shall maintain a record of the identifying numbers of all dog or cat license tags issued. (c) No person may use any pet dog or cat license for any animal other than the one for which it was issued. (d) License fees shall not be required for seeing-eye dogs or governmental police dogs; however, other requirements of other sub-paragraphs under this article shall remain in force. (e) Application for a license must be made within thirty (30) days after obtaining a dog or cat over three (3) months of age; this requirement will not apply to a non-resident keeping a dog or cat within the municipality for no longer than sixty (60) days. (f) Upon acceptance of the license application and fee, the City shall issue a durable tag or identification collar, stamped with an identifying number and the year of issuance. Tags will be designed so that they may be conveniently fastened or riveted to the animal’s collar or harness. Each dog and cat must wear an identification tag attached to a properly fitted collar at all times. (g) The licensing period shall begin with the rabies vaccination date and shall run concurrently with this date. (h) It shall be the duty of the owner of any dog or cat to procure a duplicate tag from the City in the event that the original tag is lost or destroyed. There will be a fee charged for each replacement tag. (i) No person may use any license for any animal other than the animal for which it was issued. (j) The Animal Shelter Supervisor or his or her designee shall maintain a record of the identifying numbers of all tags issued. Section 14. 5. Limiting the number of domestic animals. (a) It shall be a violation of this Chapter for any person to possess, own, or otherwise keep within the City more than three (3) animals of the same species in any developed residentially zoned section or to keep more than six (6) animals of the same species, excluding livestock, in an area zoned agricultural/residential which exceeds one (1) acre except in cases of newly born or hatched litters or clutches under the age of three (3) months old. (b) Exception shall be made for fostering of animals by Schertz Humane Society d.b.a. Homes For Pets meeting the following criteria: - 11 - 1. letter from sponsoring agency 2. total of six (6) animals of any species including personal pets 3. must have proof of rabies vaccination, valid City license and City permit 4. fostered animals allowed on premises no longer than twelve (12) months 5. persons fostering must meet all requirements set forth by Schertz Humane Society d.b.a. Homes for Pets. (c) This section shall not apply to commercial kennels, veterinary establishments, or animal hospitals operated by a licensed veterinarian, or pet shops and grooming shops located on property zoned for such purposes. Such establishments, however, must meet sanitation requirements and keep animals securely caged or penned. Section 14.6. Permits (a) No person shall operate a commercial animal establishment, kennel, stable, or cattery unless the establishment is located in a properly zoned area and unless a permit has first been obtained in compliance with this section. (b) The City shall promulgate regulations for the issuance of permits and shall include requirements for humane care of all animals and for compliance with the provisions of this ordinance and other applicable laws. The City may amend such regulations from time to time as deemed desirable for public health and welfare and for the protections of animals. (c) When a permit applicant has shown that he or she is willing and able to comply with the regulations promulgated by the City, a permit shall be issued upon payment of the applicable fee(s). (d) The permit period shall begin with the date the permit is issued and shall be effective for a period of one (1) year. Renewal applications for permits must be made thirty (30) days prior to, and are due at the date of, the original permit. (e) If there is a change in ownership of a commercial animal establishment or kennel, the new owner must apply for a new permit. Permits are not transferable. (f) Annual permits shall be issued upon payment of the applicable fee as listed in Exhibit I, Fee Schedule. (g) Every facility regulated by this Chapter shall be considered a separate enterprise requiring an individual permit. (h) Persons operating kennels for the breeding of dogs or cats which handle less than ten (10) animals may elect to license such animals individually. (i) No fee under this Chapter may be required of any veterinary hospital, animal shelter, government operated zoological park, school district, civic or charitable organization, but all other applicable regulations shall apply. - 12 - (j) Failure to obtain a permit before opening any facility covered in this section shall result in a fine. (k) Any person who has a change in the category under which a permit was issued shall be subject to reclassification of the permit fee. (l) This section shall also apply to any person selling, or giving away any animal(s) at flea markets. A person may sell or give away animals at a flea market on a temporary basis not to exceed three (3) consecutive days. Fees shall be payable as shown in Exhibit I upon obtaining a temporary permit. (m) No animal shall be sold, bartered, traded, or given away on any roadside or public right of way. If sold, bartered, traded, or given away on any business parking lot written consent from the property owner and a permit from the City Shelter is required. (n) Temporary Permits shall consist of the following: 1. vendor's name; 2. address including city; 3. telephone number; 4. type of animal to be sold or given away; 5. location of flea market; and 6. rabies and vaccination information. Section 14.7. License and permit issuance/revocation. (a) The City may revoke any permit or license if the person(s) holding the permit or license refuses or fails to comply with this Chapter or any law governing the protection and keeping of animals. (b) Any person(s) whose permit or license is revoked shall, within ten (10) days thereafter, humanely dispose of all animals owned, kept or harbored by such person and no part of the permit or license fee shall be refunded. (c) It shall be a condition of the issuance of any permit or license that the City shall be permitted to inspect all animals and the premises where animals are kept any reasonable time of the day and shall, if permission for such inspection is refused, revoke the permit or license of the refusing owner named on the permit or license. (d) If the applicant has withheld or falsified any information on the application, the City shall refuse to issue, or may revoke, a permit or license. - 13 - (e) No person(s) who has been convicted of cruelty to animals shall be issued a permit or license 1. as a guard dog company; 2. for registration as a dog trainer; 3. to operate a commercial animal establishment; or 4. to be employed to work with dogs as a security officer by a business/contractor using dogs for protection. Section 14.8. Guard or sentry dog permits. (a) Guard dog permit applications shall include the following information: 1. the business name, address and telephone number of the commercial property where the guard dogs are to be used; 2. the name, address and telephone number of the dog's handler(s) who can be reached at any time during the day or night; 3. the number of dogs to be used and a general description of their use; 4. description of the dogs, proof of their current vaccination and City license; 5. the location of where the dogs are to be housed; and 6. any other information that the LRCA deems necessary by rules and regulations. Permit holders shall notify the LRCA if any information recorded as part of the permit application is changed during the course of the period for which the permit is issued. (b) An Animal Control Officer/Shelter Supervisor or his or her designee shall inspect the facilities where the guard dog is to be used and housed when the guard dog permit is applied for and when it is renewed. (c) If the inspection reveals that the requirements of this section are met, a permit fee for each commercial property shall be paid to the City. The permit shall be displayed at the approved commercial property, and a rabies vaccination and the City license tag shall be affixed to the collar of each dog used. Nothing in this section shall exempt guard dogs from any of the other provisions of this Chapter. (d) Each permit shall be valid for the period of one (1) year and must be renewed annually within (30) thirty days prior to the expiration date. (e) Each permit must be obtained prior to housing or utilizing guard dogs at the commercial properties where guard dogs are in use. - 14 - ARTICLE IV. RESTRAINTS, BITES, AND ANIMAL CARE Section 14.9. Restraints. (a) All dogs and other animals, expect for those cats in a feral cat colony or registered, domestic free-roaming cats, shall be kept under restraint and shall not be allowed to run at large. (b) No owner or Feral Cat Caregiver shall fail to exercise proper care and control of his or her animal(s) to prevent it from becoming a public nuisance. (c) Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal. (d) The owner of a sexually intact (not spayed or neutered) domesticated cat shall not permit the domesticated cat to roam. All free-roaming domesticated/owned cats must be spayed or neutered. (e) No owner shall fail to exercise proper care and control of his or her animal(s) to prevent it from becoming a public nuisance. Free-roaming cats that are found to be a public nuisance shall be impounded and the owner (if known) shall be contacted. Free- roaming domesticated cats shall be microchipped and/or always have a City license tag displayed on their collar. (f) An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog’s movement: 1. between the hours of 10:00 p.m. and 6:00 a.m.; 2. within 500 feet of the premises of a school; 3. in excess of three (3) hours; or 4. in the case of extreme weather conditions such as: (A) outdoor temperature below 32 degrees Fahrenheit; (B) heat advisory issued by local/State jurisdiction; or (C) storm warnings issued by National Weather Service. (e) In this section, a restraint unreasonably limits a dog’s movement if the restraint 1. is a collar that is pinch-type, prong-type, or choke-type or that is not properly fitted to the dog; 2. is not at least (10) ten feet long, - 15 - 3. is in an unsafe condition; or 4. will cause injury to the dog. This provision does not prohibit a person from walking a dog with a hand-held leash. Section 14.10 Trap, neuter and return program In order to effectively and humanely control the feral cat populations within its jurisdictional boundaries, the City shall support a trap, neuter and return program in an effort to reduce the feral and free-roaming cat population over time without necessity of capture and euthanasia. The City may provide services to off-set the costs of trapping, neutering and vaccinating captured free-roaming cats that can be returned to an appropriate, controlled, protected, and authorized colony site. Left ear tipping shall be used on these cats in order to be identified as spayed or neutered and a vaccinated member of a managed colony. A photographic record adequate to identify the cat shall be obtained for all cats. This is part of the City trap, neuter and return program and maintained by the Registered Caregiver. Section 14.11 Registered Caregivers Registered Caregivers shall attend one of the San Antonio Feral Cat Coalition workshops, and shall provide information about the colony to the Animal Control Officer. Caregivers of a free-roaming cat or free-roaming cat colony shall be exempt under the provisions of license requirements and animal identification requirements by furnishing the Animal Control Officer with a statement agreeing to the following conditions: 1. Regularly feed free-roaming cat(s) colony including weekend and holidays, ensuring sanitary conditions at all times. Caregivers shall be responsible for properly disposing of fecal matter caused by the cats in the colony. Colonies shall be fed using bowls or pans. Food shall not be left out during hours of darkness to avoid attacking wildlife or vermin. 2. Regularly and frequently trap the colony cats over the age of twelve (12) weeks for purposes of sterilization. 3. Identify all colony cats by having their ear tipped when under anesthesia for sterilization. 4. All colony cats must be vaccinated for rabies, preferably with a three (3) year vaccine. 5. All colony cats with illness and/or injury that cannot be provided with treatment by the Caregiver, shall be humanely euthanized by a veterinarian to prevent pain and suffering. 6. Caregivers are not permitted to release sterilized, free-roaming cats on private or public property without the permission of the property owner. - 16 - 7. Any Caregiver determined to be in violation of this section shall be issued a citation. 8. Make every attempt to remove kittens from the colony before eight (8) weeks of age for domestication and placement. 9. Maintain records and prepare quarterly reports on the following: a. Number and location of managed colonies b. Total numbers of cats in colonies c. Number of cats and kittens spayed and neutered pursuant to the trap, neuter and return program and; d. Number of cats and kittens placed in permanent homes Section 14.12 Enforcement/Trap, Neuter and Return The City shall retain the following rights: 1. The right to seize or remove cats from a colony that have not been vaccinated against rabies and/or which are demonstrating signs of disease or aggression. 2. The right to seize or remove a cat or cats from a colony that are creating a public nuisance. These cats shall be removed from the colony and relocated or relinquished to the City. 3. The right to seize and remove a colony of cats when a Caregiver is unable to provide care and management of the colony and has not been able to obtain a replacement or substitute Caregiver. The City has the right to inspect the colonies at any time. 4. The right to seize or remove cat(s) from a colony if medical care necessary to prevent pain and suffering has not or cannot be provided by a Caregiver, or it the Animal Control Officer has reason to believe that a cat in the colony has been cruelly treated. 5. The right to remove cats from a colony suspected to have bitten a human being for the purposes of rabies quarantine and/or testing. The City has the right to reevaluate the program at any time and make revisions as needed. Section 14.13. Bites. - 17 - (a) Any animal within the City that bites, or otherwise attacks a person who is not at the time trespassing upon the property of the owner or person having control of such animal, or who is not provoking or teasing such animal shall be deemed dangerous. The City may order, following the procedures listed below, that such animal be kept muzzled, kept within a sufficient enclosure, or that such animal be permanently removed from the corporate limits of the City, or that such animal be delivered to an Animal Control Officer or the City Animal Shelter to be humanely euthanized. Any cat that is a part of the trap, neuter return program and that is involved in a rabies exposure incident, shall be submitted to the City for rabies testing and will not be returned to the colony. The following information shall be gathered: 1. name, address, and telephone number of complainant and any other witnesses to the incident; 2. date, time and location of the incident; 3. description of the animal; 4. name, address and telephone number of the owner; 5. a statement that the animal attacked, bit, and/or killed a person or another animal; 6. a statement that the animal has exhibited vicious propensities in past conduct (if known); and 7. other facts or circumstances of the incident. (b) After a sworn complaint is filed with the local health authority it shall be investigated, and, if there is sufficient evidence, there will be a request to the Municipal Judge to set a time and place for a hearing. Notice shall be given of the hearing to the animal's owner by personal service or certified mail, return receipt requested, at least ten (10) days prior to the hearing date. (c) The Municipal Judge shall hold such hearing and shall determine at the hearing if the animal specified in the complaint should be ordered to be kept muzzled, kept within a sufficient enclosure, removed from the City limits, or destroyed for the protection of the public health, safety, and welfare of the community. The Municipal Judge shall receive testimony at the hearing concerning the incident under investigation. To order the removal or destruction of the animal, or the muzzling or keeping of an animal in a sufficient enclosure for the public health, safety and welfare, the Municipal Judge may find: 1. the animal attacked or bit a human being or attacked or killed another animal; 2. the animal is the same animal that committed the acts in part 1 of this sub- section; - 18 - 3. destruction or removal of the animal is necessary to preserve the public health, safety, and welfare of the community; 4. the animal attacked or bit a human being or another animal; or the animal has a known propensity to attack, bite, or injure human beings or domesticated animals because of temperament, conditioning, or training; or it is demonstrated by the local health authority that the animal has a dangerous disposition, likely to be harmful to humans or other animals; 5. the animal is the same animal that committed the act in part 4 of this sub- section; and 6. muzzling or keeping of the animal in a sufficient enclosure or removal or destruction of the animal is necessary to preserve the public health, safety, and welfare of the community. (d) If the Municipal Judge orders muzzling, keeping within a sufficient enclosure, destruction or removal of the animal and the owner is not present at the hearing, he or she shall notify the owner of the decision by personal service or certified mail, return receipt requested. If the Judge does not order destruction of, or removal of the animal, the Animal Shelter Supervisor or designee shall, if the animal was impounded and if any required rabies observation quarantine period has been completed, return the animal to the owner upon payment of any fees due, with the understanding that any muzzling or keeping within a sufficient enclosure order must be followed as long as the animal remains within the City. (e) The owner of an animal may appeal a destruction or removal order to a court of competent jurisdiction within five (5) days of the decision of the Municipal Court. If the Municipal Judge receives written notice of the intent to appeal within five (5) days of the decision, he or she shall suspend the destruction or removal order pending final determination of the court. If the filing of a petition in a court of competent jurisdiction within ten (10) days of the order of destruction or removal perfects appeal, he or she shall suspend the destruction or removal pending the outcome of the appeal. In that event, the owner will have forty-eight (48) hours notice to pick up the animal if it was impounded and if any required rabies observation quarantine period has been completed and hold the animal pending the appeal. All fees due must be paid before the animal is released to the owner and the animal must be kept muzzled or within a sufficient enclosure if so ordered. Failure to claim the animal within forty-eight (48) hours will result in the execution of the removal or destruction order. (f) In the event that any animal is discovered in violation of any removal or destruction order described in (d) above, the animal shall be immediately seized and humanely euthanized. If any animal is discovered in violation of any muzzling or keeping within a sufficient enclosure the animal shall be seized and the person controlling such animal shall be prosecuted under the provisions of (g) below. - 19 - (g) It shall be unlawful for any person to harbor or keep on his or her premises or in or about his or her premises, or premises under his or her control, any vicious animal except as directed by this Chapter. Upon conviction, harboring a vicious animal in violation of this Chapter shall result in a fine. (h) No part of this Chapter shall preclude at any time the filing of complaint in the court of competent jurisdiction under the provisions of the State of Texas Dangerous Dog Act, Texas Health and Safety Code, Chapter 822, Sub-Chapter A, as amended from time to time. Section 14.14. Care of and Cruelty to Animals. (a) Animal cruelty is a State law violation punishable by fine and/or jail time in accordance with the Texas Penal Code. Animal care officials shall utilize the authority granted by Section 821.022 of the Texas Health and Safety Code, as amended from time to time, to seize and impound any animal that has been or is being cruelly treated. If the investigating animal care officer has reason to believe that an animal has been or is being cruelly treated, pending a hearing before any court on the issues of cruelty and disposition of the animal, the seizure of the subject animal prior to receiving a warrant is hereby authorized if such a delay endangers the life of the animal, or if it would unreasonably prolong the suffering of the animal needing immediate attention. (b) It shall be unlawful for an owner or Caregiver of an animal to neglect an animal and fail to provide that animal with humane care and treatment including, but not limited to, access to an adequate supply of fresh air, species specific food, fresh water, exercise, adequate shelter, and with appropriate veterinary care when needed to prevent suffering. (c) It shall be the duty of the owner or keeper of each and every dog or cat kept in the City to have such dog or cat vaccinated against rabies by a licensed veterinarian by the time the animal is four (4) months of age and then according to the label recommendations of the approved rabies vaccine. It shall further be the duty of each owner or keeper to obtain a certificate from such veterinarian certifying that such animal has been vaccinated and produce that document for inspection by the Animal Control Officer when requested. If the vaccination document cannot or will not be produced by the owner or keeper of such animal the Animal Control Officer shall issue a citation for failure to comply with this section of this Chapter. (d) No person shall beat, cruelly treat, torment, overload, overwork, or otherwise abuse an animal (whether owned or un-owned), or cause, instigate, or permit any dog fight, cock fight, bull fight, or other combat between animals or between animals and humans. (e) No owner of an animal shall abandon such animal, or in case of impoundment by the Animal Control Officer, allow the animal to remain in the Animal Shelter beyond a five (5) day maximum after notification of impoundment of such animal. - 20 - (f) It shall be unlawful for the owner of an animal, or a person charged with custody or care of an animal, to surgically alter an animal, including, but not limited to ear cropping, tail docking, and dewclaw removal, except when done by a licensed veterinarian. (g) Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the appropriate law enforcement agency. Failure to do so shall be a violation of this Chapter. (h) No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any animal. (i) No person shall transport or carry on any public roadway any animal in a motor vehicle unless the animal is safely enclosed within the vehicle; and if traveling in an unenclosed vehicle (including, but not limited to convertibles, pick-up trucks, jeeps, and flatbed trucks), the animal shall be confined by a vented container or cage, or by chain, rope or other device cross-tied to prevent the animal from falling or jumping from the motor vehicle or from strangling on a single leash. (j) No person shall leave any animal in any standing or parked vehicle in such a way as to endanger the animal’s health or safety. Any animal care officer or police officer is authorized to use reasonable force, including the breaking of a side window, to remove an animal from a vehicle whenever it appears the animal’s health or safety is endangered, and said neglected or endangered animal shall be impounded. (k) No person shall place or set out steel jaw traps, spring traps with teeth, neck traps or any type of trap with a holding mechanism designed to cut, slice, tear or traumatize the entrapped prey, unless the use of such traps is specifically deemed necessary by the Texas Parks and Wildlife Department or Director of Health for control of communicable disease. (l) All animals shall be kept in a sanitary manner. Animal owners or Caregivers shall collect and dispose of animal waste deposited by his or her animal(s). No owner or Caregiver shall allow the accumulation of animal waste on any premises in a quantity sufficient to create an odor offensive to a person of normal sensibilities standing on adjacent property not owned by the subject animal’s owner or Caregiver, or which creates a condition conducive to the breeding of flies or other pests. (m) An animal owner or keeper shall not walk an animal without a leash restraint or without otherwise having such animal under control, and shall not guide or take animals onto the yards or driveways of property not owned, leased or occupied by the animal owner for the purpose of allowing the animal to defecate, but shall keep the animal in the public right-of-way, and shall carry a container with implement for the sanitary removal of the animal’s fecal matter from the public sidewalk and public right-of-way adjacent to any property with a structure or other improvements thereon. (n) All persons residing in the City who own dogs or cats must keep such dog or cat at the registered residential premises permanently occupied and inhabited by said animal's - 21 - owner or a licensed kennel. It shall be unlawful for said owner to keep their animal at any other location within the City. ARTICLE V. SPAY AND NEUTER Section 14.15. Mandatory spay/neuter of unrestrained dogs and cats. (a) The owner of a dog or cat, which has been impounded for being at large, shall have the animal spayed/neutered within (30) thirty days following the animal’s release from impoundment. (b) The Shelter Supervisor is authorized to exempt an animal’s owner from the requirements of subsection (a) if the owner proves to the satisfaction of the Shelter Supervisor that the animal meets or met one (1) of the conditions specified in subsection (e) below. (c) The owner of a dog or cat required by subsection (a) to be spayed or neutered shall submit to the Animal Shelter certification that the procedure was performed and 1. the certification shall be made on a form provided by the Shelter and signed by the veterinarian who performed the procedure; and 2. the owner shall deliver the certification to the Shelter no later than the (40) fortieth day following the animal’s release from impoundment. (d) Offenses 1. A person commits an offense if the person is the owner of the dog or cat required by subsection (a) to be spayed/neutered and the person fails to have an animal spayed/neutered as required. 2. A person commits an offense if the person is the owner of the dog or cat required by subsection (a) to be spayed/neutered and the person fails to provide certification of the spay/neuter procedure as required by subsection (c). (e) In a prosecution for a violation of subsection (d) it is an affirmative defense that 1. At the time of the animal’s impoundment (A) the animal was registered with a national registry, sporting dog, livestock dog, or working dog, and (B) the person was a member of a national breed club, local breed club, local all-breed club, or sporting or hunting club; and the person had not sold twelve (12) or more intact dogs or cats in the preceding year. - 22 - 2. At the time of the animal’s impoundment it was wearing a current City license tag, valid for that animal, and had not previously been impounded for being at large. 3. The animal was at large at the time of its impoundment due to fire or due to the criminal or negligent acts of a third party who was not residing at the animal owner’s residence. At trial, evidence of a fire or the criminal or negligent acts of a third party may be presented in one (1) or more of the following manners: (A) a certified copy of a city police or fire report verifying the incident; (B) the affidavit of City police or fire personnel with direct knowledge of the incident, or (C) the testimony of City police or fire personnel with direct knowledge or the incident. (f) Nothing in this section shall be construed as permitting spayed/neutered dogs and/or cats to run at large. Section 14.16. Authority to slay animals running at large. If any animal found running at large in violation of this Chapter cannot be safely taken up and impounded, and/or causes threat to human life or other domestic animals, such animal may, if deemed necessary, be slain by any authorized Police Officer or Animal Control Officer. ARTICLE VI. RABIES CONTROL AND QUARANTINE OF ANIMALS INVOLVED IN BITING INCIDENTS Section 14.17. Enforcement. The civil and criminal provisions of the Chapter shall be enforced by the person or agencies designated by the City. It shall be a violation of this Chapter to interfere with an Animal Control Officer or an Animal Shelter employee in the performance of his or her duties. Section 14.18. Reports of exposure to rabies. (a) Persons having knowledge of an animal bite or other attack on an individual that the person could reasonably foresee as capable of transmitting rabies or of an animal that the person suspects is rabid, shall report the incident or animal to the City Police Department and/or the Animal Control Officer. This report shall include the name and address of any victim and of the owner of the animal, if known. - 23 - (b) The owner of an animal that is reported to have bitten or to have attacked an individual, or that the owner knows or suspects to have bitten or to have attacked an individual, shall submit the animal for quarantine to the Animal Control Officer or Animal Shelter. (c) If a quarantined animal is found to be rabid, the Animal Shelter Supervisor will cause to have the animal humanely euthanized. If an animal dies or is euthanized while in quarantine, the Animal Shelter will cause to have the head or brain of the animal removed and submit it to the nearest Texas Department of Health Laboratory for testing. (d) If a quarantined animal is found to be free from rabies, the Animal Shelter Supervisor shall release it to the owner following the quarantine period and the payment of all required fees and costs. (e) The owner of an animal that is quarantined under this Chapter shall pay the City the cost of the quarantine and any other fees associated with the animal’s care. The Animal Shelter may sell and retain the proceeds, keep, or euthanize an animal that the owner or custodian does not take possession of on or before the seventh (7th) working day following the end of the quarantine period. (f) Immediately after acquiring knowledge that his or her animal has been bitten by a rabid animal, it shall be the duty of the owner or keeper to cause such animal to be given anti-rabies treatment, and to impound such animal for a period of six (6) months in a place approved by the LRCA or to have the said animal humanely euthanized. Section 14.19. Rabies vaccination. (a) It shall be unlawful for any person to own, keep, harbor, or have custody or control of a dog or cat that is four (4) months of age or older within the City unless such dog or cat is currently vaccinated against rabies by the injection of an approved USDA anti-rabies vaccine by the direct supervision of a licensed veterinarian. (b) Every owner of a dog or cat immunized against rabies as required herein shall procure a rabies vaccination certificate from the veterinarian administering the vaccine. Such certificate shall contain the following information: 1. owner's name, address and telephone number; 2. the species, sex, age, weight, predominant breed, and color of the vaccinated animal; 3. the vaccine type, producer, expiration date, and serial number; 4. date vaccinated; 5. rabies tag number; and 6. veterinarian's signature and license number. - 24 - (c) A veterinarian or person under the direct supervision of a veterinarian who vaccinates a dog or cat as required herein shall furnish the owner thereof with a metal tag approved by the Animal Control Officer bearing a number corresponding to the number placed on the certificate and with lettering showing immunization and the year thereof. This tag shall be attached to the properly fitted collar of the dog or cat for which it is issued, and shall be worn at all times on the collar. Section 14.20. Quarantine method and testing. (a) Animals involved in a biting/scratching incident for which an owner cannot be readily identified and or contacted expeditiously will be impounded. The animal shall be confined under positive control for ten (10) consecutive days (240 hours) after the time of the bite. The animal will be isolated from other animals or possible victims. (b) Every animal that has rabies or symptoms thereof, or every animal that a person could reasonably suspect as having rabies, or that bites any person within the City shall be impounded at once and held for observation and quarantined at an approved quarantine facility. The facilities must meet the minimum State Quarantine Facility Standards and will be subject to inspection by the Texas Department of Health. (c) The owner of any dog or cat that is reported to have rabies or symptoms thereof, or have been exposed to rabies, or to have bitten, any person within the City, or that the owner knows or suspects to be rabid or to have attacked an individual, shall submit such animal to the Animal Control Officer or the Animal Shelter for a quarantine period of ten (10) consecutive days (240 hours) at the owner's expense. The ten-day observation period shall begin on the day of the bite incident. Any such animal must be immediately surrendered to the Animal Control Officer or Animal Shelter. The owner may choose to have the animal quarantined for the ten-day period at an approved quarantine facility in the greater Randolph area. (d) In the event the owner of such animal described in (a) or (b) refuses to surrender such animal on demand, such action shall constitute a misdemeanor and upon conviction be punishable by a fine. (e) The owner of an animal quarantined under this section shall pay the quarantine facility the reasonable cost of the quarantine and any other fees associated with the animal’s care, including the charges for preparation and shipment of the animal head or brain, if required, to the nearest Texas Department of Health certified laboratory for rabies testing. If the owner chooses not to pay for quarantine, the animal shall be humanely euthanized and the brain submitted to the Texas Department of Health certified laboratory for rabies diagnosis, at the owner's expense. All quarantine related payment arrangements shall be at the discretion of the individual quarantine facility and the facility shall be responsible for the collection of money owed. (f) The following quarantine procedures shall be observed: - 25 - 1. Biting animals and animals suspected of rabies that are placed in confinement for observation must be separated from all other animals in such a manner that there is no possibility of physical contact between animals. 2. A responsible person will observe the quarantined animal twice a day and will notify the LRCA if clinical signs of rabies appear. 3. At the discretion of the LRCA or his or her designee, the un-owned animal may be humanely euthanized for rabies diagnosis prior to the end of the quarantine period. 4. The Animal Shelter Supervisor or his or her designee may require a written agreement by the owner or the custodian at the time of quarantine and the animal may be disposed of according to terms of such agreement. 5. If the biting animal cannot be maintained in secure quarantine or if the owner chooses not to pay for quarantine, the animal shall be humanely euthanized and the brain submitted to a Texas Department of Health certified laboratory for rabies diagnosis, at the owner's expense. (g) Any animal quarantined at a certified quarantine facility shall be observed, by a licensed veterinarian or Animal Control Officer, or LRCA, at least on the first and last days of the quarantine period. If it is determined that the animal has clinical signs of the disease of rabies the animal shall be humanely euthanized and the head or brain submitted for testing. If the Animal Control Officer, veterinarian, or LRCA determines that the animal does not exhibit the clinical signs of the disease of rabies, the LRCA shall provide a form to the veterinarian for his or her signature, certifying that the animal has been found to be free of the clinical signs of rabies at the end of the quarantine period. This form shall be returned to the LRCA at the end of the quarantine period. (h) The owner of the animal may request permission from the Animal Control Officer or LRCA for home quarantine if the following criteria can be met: 1. Secure facilities must be available at the home of the animal's owner, and must be approved by the Animal Control Officer or the LRCA. 2. The animal is currently vaccinated against rabies and possesses a current City license tag. 3. The animal was not in violation of any laws or ordinance at the time of the incident. 4. The bite incident was a provoked attack. 5. A licensed veterinarian, Animal Control Officer, or the LRCA must observe the animal at least on the first and last days of the quarantine period. If the animal becomes ill during the home quarantine period, the person having possession of the animal must notify the City veterinarian, Animal Control - 26 - Officer and LRCA. At the end of the quarantine period the owner shall transport the animal by direct route to the veterinarian for final observation. Both observations by the veterinarian, Animal Control Officer or the LRCA may be made at the location of the home quarantine if requested by the owner or required by the Animal Control Officer or the LRCA. The release from quarantine must be accomplished in writing. 6. The owner shall be responsible for paying all rabies observation fees to the veterinarian. 7. It shall be unlawful to violate the provisions and conditions of the home quarantine as required by the Animal Control Officer. If the owner of the animal fails to abide by all provisions and conditions required by the Animal Control Officer when the quarantine was granted and the animal is found in violation of these conditions the animal shall be immediately impounded and quarantined for the remainder of the observation period at an approved quarantine facility at the owner's expense. (i) No dog or cat shall be released from quarantine unless 1. the owner has an un-expired rabies vaccination certificate and license for the animal; or 2. the animal has been vaccinated against rabies by a licensed veterinarian and a license is obtained, at owner's expense. (j) No wild animal will be placed in quarantine. All wild animals involved in biting incidents will be humanely euthanized in such a manner that the brain is not mutilated. The brain shall be submitted to a Texas Department of Health certified laboratory for rabies diagnosis. Section 14.21. Disposition of domestic animals exposed to rabies. (a) Animals that have not been vaccinated and which have been bitten or directly exposed by physical contact with a rabid animal or its fresh tissues shall be humanely euthanized or, if sufficient justification for preserving the animal exists, the exposed animal shall be immediately vaccinated against rabies, placed in strict isolation for ninety (90) days and given a booster vaccination during the third and eighth week of isolation. If the animal is under three (3) months of age at the time of the second vaccination, an additional booster should be given when the animal reaches three (3) months of age. (b) Currently vaccinated animals that have been bitten or otherwise significantly exposed to a rabid animal should be humanely euthanized, or if sufficient justification for preserving the animal exists, the exposed vaccinated animal should be given a booster rabies vaccination immediately and placed in strict isolation for forty-five (45) days. These provisions apply only to domestic animals for which an approved rabies vaccination is available. - 27 - ARTICLE VII. FOWL AND OTHER SMALL ANIMALS Section 14.22. Stray. It shall be unlawful for any person keeping chickens, turkeys, geese, guineas, ducks, pigeons, or other fowl to permit or allow the same to run at large within the City. Section 14.23. Pen, coop or enclosure of fowl. It shall be the duty of every person raising or keeping chickens, turkeys, ducks, geese, guineas, pigeons, or other fowl to keep them in pens, coops or enclosures, which shall be a distance of at least fifty (50) feet from every building/structure (other than the owner of such fowl) used for sleeping, dining or living and shall be kept in a sanitary condition and shall also be kept in such a manner as will be reasonably calculated not to become offensive to neighbors or to the public. Section 14. 24. Keeping rabbits, guinea pigs, white rats, etc. It shall be the duty of every person raising or keeping rabbits, guinea pigs, white rats, white mice, hamsters and other small animals to keep such animals in pens, coops or enclosures and such pens, coops or enclosures a distance of at least fifty (50) feet from every building/structure (other than the owner of such small animals) used for sleeping, dining or living and shall be kept in a sanitary condition and shall be kept in such a manner as will be reasonably calculated not to become offensive to neighbors or to the public. Section 14. 25. Not applicable to authorized veterinary hospitals. This article shall not apply to authorized veterinary hospitals for the treatment of fowl and other small animals. ARTICLE VIII. LIVESTOCK Section 14. 26. Stray. It shall be unlawful for the owner, keeper, or person in charge of any livestock to allow said animal to be unrestrained or to allow or permit the same to run at large within the City. Horses, ponies, mules, donkeys, and cattle shall be kept in a stable, shed, pen, or other enclosure wherever located within the City, which shall be a distance of at least one hundred (100) feet, and all other livestock shall be a minimum distance of one thousand (1,000) feet, from every building/structure (other than the owner of such livestock) used for sleeping, dining, and living and shall be kept in such a manner as will be reasonably calculated not to be offensive to neighbors or to the public. Section 14. 27. Impounding. The Animal Control Officer shall take up or cause to be taken up, any such animal found to be at large or stray within the City, and shall impound any such animal in a suitable - 28 - place provided for that purpose. Procedures for the Texas Agriculture Code Estray Act, as amended from time to time, shall be followed. A copy of this Act and procedures can be obtained at the Animal Shelter. Section 14. 28. Care of livestock animals. (a) It shall be unlawful for any person to abandon or torture a livestock animal, to seriously overwork an animal or to transport or confine a livestock animal in a cruel manner. (b) Persons owning or caring for livestock must provide necessary food, water, care and shelter for a livestock animal. (c) It shall be unlawful for any person to stake any livestock for the purpose of grazing upon or within the reach of any public street, alley, sidewalk or park, within the limits of the City of Schertz. ARTICLE IX. WILD ANIMALS AND PERFORMING ANIMAL EXHIBITIONS Section 14. 29. Keeping of wild (non-domesticated) animals. No person shall keep or permit to be kept on his/her premises any wild or vicious animal as a pet, for display or exhibition purposes, whether gratuitously or for a fee. This section shall not apply to zoological parks, performing animal exhibitions, circuses, and veterinary hospitals. (a) No person shall keep or permit to be kept any wild animal. (b) Only the Texas Parks and Wildlife Department Office may give written permission for the keeping, care, and protection of an infant animal native to this area that has been deemed to be homeless. (c) The Texas Parks and Wildlife Department Office shall have the power to release or order the release of any infant wild animal kept, which is deemed capable of survival. Section 14. 30. Performing animal exhibitions. No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through use of chemical, mechanical, electrical, or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering. ARTICLE X. SPECIAL PROVISIONS Section 14. 31. Enforcement. The civil and criminal provisions of this Chapter shall be enforced by those persons or agencies designated by municipal authority. It shall be a violation of this Chapter to - 29 - interfere with an Animal Control Officer or an Animal Shelter employee in the performance of his or her duties. Section 14. 32. Penalty. (a) Any person who shall violate any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty- five dollars ($25) and not exceeding two hundred dollars ($200). Each and every day of such violation shall be deemed a separate and complete offense. Subsequent convictions for any violation of this ordinance within a twelve (12) month period shall double the minimum applicable fine listed below, up to and including the maximum allowed by law. (b) A judge who has jurisdiction of the offense, at his or her discretion, may dismiss a rabies vaccination violation or a registration/license violation if the defendant remedies the charge defect within ten (10) working days of the date of citation, upon the assessment by the judge and payment by the defendant of an administrative fee of twenty dollars ($20) for dismissal of a rabies vaccination violation, and ten dollars ($10) for dismissal of a registration/license violation. Section 14. 33. Advisory Committee duties. (a) The Schertz Animal Care Advisory Committee shall consist of (4) four members appointed by the City Manager. The members of this Committee shall include a licensed veterinarian, a municipal official, a shelter operator and one member of an animal welfare organization. (b) The Advisory Committee shall meet at least three (3) times a calendar year and shall assist in complying with the requirements of State and local laws. (c) The Advisory Committee shall visit the Animal Shelter at times selected by the Committee and make recommendations to the City Manager concerning animal care services and shelter operating procedures. Section 14. 34. City Veterinarian duties. It shall be the responsibility of the City Veterinarian(s) to inspect the Animal Shelter at least once a year. The City Veterinarian will file a written report to the City Manager and the Texas Department of Health. The report must include all conditions of the Shelter, care of animals, structure and contents and inspection of records as required by the Texas Health and Safety Code, as amended from time to time. ARTICLE XI. ANIMAL SHELTER OPERATIONS Section 14. 35. Monthly reports of Animal Shelter. It shall be the duty of the Animal Shelter Supervisor to report in writing monthly the total number of animals impounded and/or quarantined, the total number of animals redeemed - 30 - or sold to private parties, and the total number of animals humanely disposed of under the provisions of this Chapter. Section 14. 36. Fee deposits. It shall be the duty of the Animal Shelter Supervisor, or his or her designee to pay or cause to be paid all money collected by him or her under the terms of this Chapter to the City. Section 14. 37. Reclaiming before adoption. The owner of any impounded animal under this Article may reclaim the same from the Animal Shelter at any time before adoption by paying all fees, fines and expenses of taking up and keeping such animal. Section 14. 38. Records. The Animal Shelter Supervisor shall keep a well-bound book or computer record in which he or she shall record a description of all animals impounded under this Article, the date of impoundment, the date and the amount realized from the adoption, the fees and expenses due for impounding and keeping same, the name of the owner, if known, and the name of the adopter. Section 14. 39. Redemption. At any time within fourteen (14) calendar days from the date of adoption, the owner of any animal impounded and sold under the provisions of this Article shall have the right to redeem the same by paying to the purchaser double the amount paid for the animal in addition to his/her reasonable expenses incurred in keeping the same. ARTICLE XII. ADOPTION Section 14. 40. Inoculation and sterilization of adopted animals. All dogs and cats adopted from the Animal Shelter shall be inoculated before adoption and sterilized according to age, with the following: (a) Dogs: One dose as recommended by Veterinarian to include Distemper-Hepatitis, Adenovirus Type 2, Parain-Fluenza, Parvovirus, and rabies vaccine according to age requirements, and any other serums directed by the consulting veterinarian. (b) Cats: Feline 3-way (one dose includes Rhinotracheitis, Calici virus, and Panlenkopenia virus and Chlamydia Psittaci); rabies vaccine according to age requirement and any other serums directed by the consulting veterinarian. No unclaimed dog or cat shall be released for adoption from the Animal Shelter without being sterilized or without written agreement pursuant to Section 14.42 from adopter - 31 - guaranteeing that such animal will be sterilized within thirty (30) days for adult animals and by the date an adopted infant female/male becomes six months old. Section 14. 41. Examination by veterinarian. A veterinarian shall examine all animals adopted from the Animal Shelter for health conditions prior to adoption. Section 14. 42. Medical treatment by veterinarian. Animals, other than dogs and cats, shall receive inoculations or other medical treatment as recommended by a veterinarian prior to adoption. Section 14. 43. Fees passed on. All costs, debts and/or fees created by this Article shall be passed on to the adopter and must be paid prior to receiving custody of the animal(s). Section 14. 44. Adoptions. Should the adoption not work out due to behavioral or other problems the adopted animal can be returned to the Animal Shelter, but no money shall be refunded. Section 14. 45. Sterilization agreement. (a) The sterilization agreement will contain the following: 1. date of the agreement; 2. names, addresses, and signatures of releasing agency and the new owner; 3. a description of the animal to be adopted; 4. the sterilization completion date; and 5. a statement, printed in conspicuous, bold print, that sterilization of the animal is required under Texas Health and Safety Code, Chapter 828, as amended from time to time, and that a violation of the agreement is a criminal offense punishable as a Class C misdemeanor. (b) The completion date in the sterilization agreement must be 1. the 30th day after the date of adoption in the case of an adult animal; or 2. by the date an adopted infant male or female becomes six (6) months old. Section 14. 46. Sterilization required. - 32 - (a) Except as provided for by this section, a new owner who signs an agreement under Section 14.42, shall have the adopted animal sterilized on or before the sterilization completion date stated in the agreement. (b) If the sterilization completion date falls on a Saturday, Sunday or legal holiday, the deadline is extended to the next day thereafter that is not a Saturday, Sunday or legal holiday. (c) A releasing agency may extend the deadline for (30) thirty days on presentation of a written report from a licensed veterinarian stating that the life or health of the adopted animal may be jeopardized by surgery. There is no limit on the number of extensions that may be granted under this subsection. Section 14. 47. Confirmation of sterilization. (a) Each new owner who signs a sterilization agreement under Section 14.42 shall deliver to the agency from which the animal was adopted a letter signed by the veterinarian who performed the surgery. (b) The letter must be delivered in person or by mail not later than the seventh (7th) day after the date on which the animal was sterilized. (c) The letter must state that the animal has been sterilized, briefly describe the animal, and provide the date of sterilization. Section 14. 48. Letter concerning animal's death. (a) If an adopted animal dies on or before the sterilization completion date agreed to under Section 14.42, the new owner shall deliver to the releasing agency a signed letter stating that the animal is dead. (b) The letter must be delivered not later than the seventh (7th) day after the date of the animal's death, must describe the cause of death, if known, and provide the date of death. (c) The letter required by this section is in lieu of a letter required by Section 14.42. Section 14. 49. Letter concerning lost or stolen animal. (a) If an adopted animal is lost or stolen before the sterilization completion date agreed to under Section 14.42, the new owner shall deliver to the releasing agency a signed letter stating that the animal is lost or stolen. (b) The letter must be delivered not later than the seventh (7th) day after the date of the animal's disappearance and must describe the circumstances surrounding the disappearance and provide the approximate date of the disappearance. (c) The letter required by this section is in lieu of a letter required by Section 14.42. - 33 - Section 14. 50. Notice of failure to receive letter (a) A releasing agency that does not receive a letter under Section 14.42, 14.45, or 14.46 before the expiration of the seventh (7th) day after the sterilization completion date agreed to under Section 14.42, shall cause a complaint to be filed against the new owner. It is a presumption under this law that the failure of the new owner to deliver to the releasing agency a signed letter required under Section 14.42, 14.45 or 14.46, is the result of the new owner's refusal to have the adopted animal sterilized. The new owner may rebut this presumption at the time of the hearing with the proof required under the above-mentioned sections. (b) A releasing agency that does not receive a letter under Section 14.42, 14.45, or 14.46, after the expiration of the seventh (7th) day after the sterilization completion date agreed to under Section 14.42 may promptly reclaim the animal from the new owner. (c) A person may not prevent, obstruct or interfere with the right to reclaim an animal under this section. (d) In the event of such reclamation the City shall have no obligation to repay fees previously paid pursuant to this Chapter. ARTICLE XIII. FEE SCHEDULE Section 14. 51. Schedule of Fees. (See current copy of schedule of fees) SECTION II 1. All ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are hereby repealed. 2. This Ordinance shall be in force and effect from and after its final passage. PASSED AND APPROVED on first reading the 18th day of August, 2015. PASSED AND FINALLY APPROVED on second and final reading the 25th day of ____________, 2015. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis City Secretary [CITY SEAL] Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: August 25, 2015 Department: City Secretary Subject: Boards, Committees, and Commission appointments – Resignations, appointments BACKGROUND There is a vacant alternate #2 position available on the Library Advisory Board and as a result the City Secretary’s department has received an application from Ms. Shonale Burke to fill that vacancy. Ms. Burke has served in the past on this board and therefore staff recommends appointment. This information was sent out to the Interview Committee and they concurred to place Ms. Burke as an alternate on the Library Advisory Board. FISCAL IMPACT None RECOMMENDATION Ratify the appointment of Shonale Burke as an Alternate member to the Library Advisory Board. ATTACHMENT Shonale Burke application Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: August 25, 2015 Department: Library Subject: Resolution No. 15-R-75 - A Resolution by the City Council of the City of Schertz amending the bylaws of the Schertz Library Board regarding meeting dates and times. The Schertz Library Board was established in 1978 and since that time has operated with written by-laws. Those by-laws are reviewed on a regular basis and are revised when necessary. The Library Advisory Board would like to change the Board’s meeting time to 6:30 p.m. The by-laws currently state that monthly meetings will take place at 7:00 p.m. BACKGROUND The Library Advisory Board has been meeting at 7:00 p.m. for many years. This time has been included in the by-laws since the Board’s founding. In the past year, Board members have discussed changing the start time to 6:30 p.m. because the meetings typically run until 8:30 p.m. and they would like to be able to start earlier in order to end earlier. Also, staff usually has completed all closing duties by 8:30 p.m. and the Board members feel that their presence in the building after-hours is disruptive to the work schedule when meetings run long. FISCAL IMPACT There is no known fiscal impact for the City. RECOMMENDATION Staff recommends changing the by-laws to the attached wording so that the Library Board has more flexibility to choose a meeting time that works with their schedules and allows them to choose a time more in alignment with the library’s operating hours. This change also keeps them from having to make a by-laws amendment if the Board votes to change the meeting day or time in the future. ATTACHMENTS: Resolution 15-R-75 Exhibit A: Draft Library Board by-laws RESOLUTION NO. 15-R-75 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE SUBMITTED CHANGES TO THE SCHERTZ LIBRARY ADVISORY BOARD BY-LAWS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Schertz Library Advisory Board met on August 3, 2015 and voted to make the submitted changes to the Schertz Library Advisory By-Laws; and WHEREAS, The City staff of the City of Schertz (the “City”) has recommended that the City approve the submitted changes to the Schertz Library Advisory Board By-Laws; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the submitted changes to the Schertz Library Advisory Board By-Laws, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the proposed By-laws of the Schertz Library Advisory Board as set forth in Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 50506221.1 - 2 - PASSED AND ADOPTED, this 25th day of August, 2015. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Exhibit A Schertz Library Board By-Laws 50506221.1 - 3 - 1 SCHERTZ PUBLIC LIBRARY ADVISORY BOARD BY-LAWS Revision approved by the SPLB 8/3/2015 By Resolution #78-R-1 dated January 3, 1978, the Schertz City Council created a City Library to be known as the Schertz Public Library. The object and purpose of the Library Advisory Board is to act as an advisory, policy-recommending board to the City Council, City Manager and Library Management relating to the establishment and usage of the library, the nature of services rendered or to be rendered by the library, the manner in which the library service may be coordinated with the other municipal services and other such matters as the City Council, City Manager and Library Management may deem beneficial to the City of Schertz. The following are hereby adopted as the by-laws of the Library Advisory Board of the Schertz Public Library. ARTICLE I. MEETINGS OF THE BOARD Section 1. Regular Meetings. The regular meetings of the Library Advisory Board of the Schertz Public Library shall be held each month, the date and hour to be set by the Board. A Board member will inform the Chairman or Library Management if he/she will be absent from a meeting. Any Board member absent for three (3) consecutive meetings without advance notification and/or sufficient reason shall be considered resigned and shall be notified in writing of said resignation. Section 2. Special Meetings. Special meetings may be called in writing or by telephone by the Chairman, or by any four members of the Board, for the transaction of business stated in the call for the meeting. Section 3. Notices. Notices of all special meetings shall be mailed or telephoned by the Secretary to all members of the Board. No notice of regular meetings shall be required. Section 4. Place. Meetings of the Board shall be held in a designated city facility. Section 5. Quorum. A quorum for the transaction of business shall consist of a majority of members, and the action of the majority of those present shall constitute the action of the Board. Section 6. Order of Business. The order of business at regular meetings shall be as follows: Call to Order Hearing of Residents Minutes Treasurer’s Report Librarian's Report Bookstore Report Committee Reports Discussion and Possible Action Announcements Adjournment 2 The order of the agenda may be altered by a vote of the majority of members present at any meeting. ARTICLE II. DUTIES OF THE BOARD The duties of the Library Advisory Board shall be to: Section 1. Hold meetings as it deems necessary in accordance with the Open Meetings Laws of the State of Texas. Section 2. Make periodic reports to the City Council and City Manager concerning the work of the Board; submit meeting minutes to the City Secretary’s office, and make such reports as may be requested by the City Council and City Manager. Section 3. The Board shall have no power to obligate the City of Schertz in any manner whatsoever. Library finances shall be handled in the same manner as any department of the City government. ARTICLE III. BOARD MEMBERS/OFFICERS Section 1. Board Members. The Library Advisory Board shall consist of up to twelve (12) members, ten (10) of whom must be residents of the City of Schertz, Texas; and up to two (2) of whom may be chosen from areas outside the city limits of Schertz which are served by the Library. An alternate six (6) and six (6) shall be appointed each year by the Schertz City Council for the term of two years. Section 2. Alternate Members. Two alternate members shall be appointed by the City Council and shall be designated as Alternate No. 1 and Alternate No. 2. They shall be entitled to receive notice of all Board meetings and may comment on matters coming before the Board in the same manner that regular members may comment. They shall have no authority to vote unless serving in place of an absent regular member and shall not be considered in determining the presence of a quorum. In the absence from a meeting of the Board of up to two regular members, alternate members who are present (in alternating order if there is only one regular member absent) shall, for such meeting, be counted toward a quorum, vote, and have all other rights of the absent regular members (except any absent regular member's office on the Board). If the regular member for whom an alternate member is serving subsequently arrives at the meeting, he or she shall not participate in such meeting, and the alternate member shall continue to serve until the conclusion of such meeting. Alternate members’ terms are for two years. Section 3. Board Officers. The Library Advisory Board will operate with five officers who will be elected annually at the May meeting of the Board. Names of the selected Chair and Vice Chair will be submitted to the Schertz City Council for approval. The five officers are Chairman, Vice-Chairman, Treasurer, Secretary and Book Store Manager. Section 4. Duties of the Officers. 3 The duties and responsibilities of the Chairman shall be to: A. Preside over the meetings of the Library Advisory Board. B. Vote in case of a tie. C. Sign all acts or orders necessary to carry out the will of the Board. D. Act as representative of the Board to outside persons or other organized bodies whenever necessary. E. Appoint committees. F. Serve as an ex-officio member of any appointed committees. The duties and responsibilities of the Vice-Chairman shall be to: A. Preside in the absence of the Chairman. B. Assume the duties and responsibilities of the Chairman in the case of absence or incapacity of the Chairman. C. Assist the Chairman as assigned. The duties and responsibilities of the Treasurer shall be to: A. Keep an accurate record of the source of all monies deposited to the Library Fund. B. Keep an accurate record of payment of all bills paid from the Library Fund. C. Be responsible for verifying the monthly financial reports from the City. D. Give a monthly report to the Board. E. Keep records of monies from Bookstore sales. The duties and responsibilities of the Secretary shall be to: A. Keep minutes of the meetings of the Library Advisory Board. B. Provide a signed copy of the minutes which has been approved by the Board to the City Secretary’s office. C. File a signed copy of the minutes which has been approved by the Board at the library. D. Prepare or respond to Library Advisory Board correspondence at the direction of the Board. The duties and responsibilities of the Book Store Manager shall be to: A. Recruit, schedule and coordinate the efforts of the book store volunteers. B. Enforce the book store policy. C. Present a report to the Library Advisory Board at the monthly meeting. 4 Section 5. Vacancy in Office. A vacancy in the office of Chairman shall be filled by the Vice-Chairman. A vacancy in the office of Vice-Chairman, Treasurer or Secretary shall be filled by the election of another person to serve until the next annual election. A vacancy of the Library Advisory Board shall be filled by City Council. The person will serve the remainder of the term of the member being replaced. The new member shall be notified of his/her appointment following City Council approval. In the event of the death, resignation, or removal of a regular or alternate member, the City Council shall appoint a replacement regular or alternate member to serve for the remainder of such member's term. When Board members resign in good faith, a letter of appreciation and/or a plaque will be sent to the resignee by the Library Advisory Board. Section 6. Terms Served. There shall be no limit on the number of terms an individual may serve on the Board as a regular or alternate member. Section 7. New Officers. New officers may be created by the affirmative vote of a majority of the board. New officers will take office in June pending reappointments by City Council. Section 8. Death of Board Member's Spouse. When a Board member's spouse dies, a memorial donation will be made to the Schertz Library Foundation. ARTICLE IV. COMMITTEES Section 1. Committees. Committees for the study and investigation of special problems or for other special purposes may be appointed by the Chairman as needed. Such committees will serve until the completion of the work for which they are appointed. Section 2. Powers of Committees. No committee nor member of any committee shall have or exercise any authority to take any action other than to investigate, and to report and recommend to the Board, except when and to the extent that they may be specifically authorized in advance by the Board in a particular case. ARTICLE V. AMENDMENTS These by-laws may be amended by the affirmative vote of a majority of the members of the Library Advisory Board. However, it shall be necessary that notice of a proposed amendment in writing or by telephone be made to the members of the Library Advisory Board. Revised: January 1979 November 2006 March 1980 February 2010 February 1982 May 2011 February 1984 October 2013 February 1997 August 2015 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: August 25, 2015 Department: Development Services Subject: Ordinance No. 15-S-28 – Conduct a public hearing to consider and act on a request to rezone 13183 IH-10 E, approximately 35 acres of land, from Predevelopment District (PRE) to General Business District (GB). (First Reading) BACKGROUND NAJDS Property Investments Inc.is requesting to rezone approximately 35 acres of land from Predevelopment District (PRE) to General Business District (GB). The property is located at 13183 IH 10 East, at the corner of IH 10 and FM 1518. The site contains three (3) existing buildings and two (2) gas pump canopies. The following land uses are existing on this property; a convenience store with gas pumps, restaurant, motel, professional office, and automobile repair major. This property was annexed on July 20, 2010 by Ordinance 10-A-20 where it received its current zoning designation of Predevelopment District (PRE). The Predevelopment District (PRE) zoning is intended as a temporary designation for newly annexed property. General Business District (GB) is intended to provide suitable area for the development of non-residential uses which offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. The public hearing notice was published in “The Daily Commercial Recorder” on August 5, 2015 and the “Herald” on August 12, 2015. Four (4) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on July 29, 2015. Staff received two (2) responses on the Notice of Public Hearing, both in favor of the request. No responses were received neutral to or opposed to the request. Goal The property owner, NAJDS Property Investments Inc., is requesting to rezone approximately 35 acres of land to General Business District (GB). City Council Memorandum Page 2 Community Benefit Promote safe, orderly, efficient development and ensure compliance with the City’s vision of future growth. Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future Land Use Plan (FLUP). The Sector Plan amendment to the Comprehensive Land Plan designates the subject property for Highway Commercial which is intended for regional scale retail and commercial uses that can take advantage of the highway frontage. Highway Commercial areas are located at major highway intersections to maximize access to the region.  Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change will provide for continued commercial development along IH- 10.  Impact of Infrastructure: The proposed rezoning request will have a minimal impact on the existing water and wastewater systems.  Impact of Public Facilities/Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services.  Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land. The requested General Business District (GB) zoning is compatible with the surrounding land uses. It is the opinion of Staff that the General Business District (GB) is the most appropriate zoning district for this tract of land. The existing land uses of convenience store with gas pumps, restaurant, motel, and professional office at this location appear to be appropriate uses for this tract of land due to its location on IH 10. If the rezoning is granted, the land uses of restaurant, motel and professional office will be considered existing conforming uses, and the land uses of automobile repair major and convenience store with gas pumps will be considered existing nonconforming uses and subject to the restrictions identified in UDC Article 7 Nonconforming Uses, Lots and Structures. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on August 12, 2015 and offered a recommendation of approval by a unanimous vote. City Council Memorandum Page 3 Staff recommends approval of Ordinance 15-S-28 to rezone the subject property to General Business District (GB). ATTACHMENT Ordinance No. 15-S-28 ORDINANCE NO. 15-S-28 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 34.964 ACRE TRACT OF LAND FROM PREDEVELOPMENT DISTRICT (PRE) TO GENERAL BUSINESS DISTRICT (GB). WHEREAS, an application to rezone approximately 34.964 acres of land described in the Exhibit A and Exhibit B attached herein (herein, the “Property”) has been filed with the City; and WHEREAS, the City’s Unified Development Code Section 21.5.4.D. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the “Conditions”); and WHEREAS, on August 12, 2015, the Planning and Zoning Commission conducted a public hearing and, after considering the proposed request made a recommendation of approval of the rezoning; and WHEREAS, on August 25, 2015 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned General Business District (GB). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 25th day of August, 2015. PASSED, APPROVED AND ADOPTED on final reading the 1st day of September, 2015. ____________________________________ Michael R. Carpenter, Mayor ATTEST: ________________________________ Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A “The Property” Exhibit B “The Property” Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: August 25, 2015 Department: Development Services Subject: Ordinance No. 15-S-29 – Conduct a public hearing to consider and act on a request to rezone 807 Main Street, approximately 0.25 acres of land, from Single-Family Residential District – 2 (R-2) to Main Street Mixed Use District (MSMU). (First Reading) BACKGROUND The property owner, Gary Pierce is proposing to rezone the approximately .25 acre tract of land located at 807 Main Street from Single-Family Residential District-2 (R-2) to Main Street Mixed Use District (MSMU). The property contains an existing 2,500 square foot building that was originaly constructed as a single family residence and later converted into a commercial structure. The last occupant at this property was a florist shop. The zoning district of Main Street Mixed Use District (MSMU) allows for single family residential and low intensity commercial land uses that which allows for a greater opportunity for redevelopment of subject property. The public hearing notice was published in “The Daily Commercial Recorder” on August 5, 2015 and the “Herald” for the August 12, 2015 for the August 25, 2015 City Council Meeting. There were fifteen (15) notices mailed to surrounding property owners within two hundred (200) feet of the subject property on July 29, 2015. At the time of this report two (2) responses were received in favor of the request has been received. One (1) response was neutral to the request. No responses were received opposed to the request. Goal Gary Pierce is requesting to rezone the approximate 0.25 acre tract of land at 807 Main Street to Main Street Mixed Use District (MSMU). City Council Memorandum Page 2 Community Benefit Promote safe, orderly, efficient development and ensure compliance with the City’s vision of future growth. Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future Land Use Plan (FLUP). The Comprehensive Land Use Plan identifies this area as Historic Downtown Schertz which is intended to leverage Schertz’s history and heritage to create a unique destination with local independent businesses, encouraging the use of existing buildings. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services and is consistent with the Comprehensive Land Use Plan and compatible with the surrounding land uses. The Main Street Mixed Use District (MSMU) allows for single family residential and low intensity commercial land uses that allow for greater opportunity for redevelopment of the subject property. The structure was originally built as a single family residence and was later converted into a commercial structure. The property has been vacant for several years with the last occupant being a florist shop. The Main Street Mixed Use District (MSMU) was created to help achieve these objectives. The Main Street Mixed Use District (MSMU) is intended to provide a base zoning district to the area along Main Street. In light of the history of the area and variety of land uses that exist, this zoning district allows for both single-family residential uses and low intensity commercial uses. Reduced setbacks and parking requirements are provided as part of this district due to physical constraints.  Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change will provide for either single family or low intensity commercial occupancy at 807 Main Street.  Impact of Infrastructure: The proposed rezoning request should have a minimal impact on the existing water and wastewater systems.  Impact of Public Facilities/Services: The proposed rezoning request will have a no impact on public services, such as schools, fire, police, parks and sanitation services.  Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by commercial, multi-family and single family land uses. The Main Street Mixed Use District (MSMU) will allow for either low intensity commercial or single-family residential. Based on the Comprehensive Land Use Plan and surrounding land uses, it is the opinion of Staff that the Main Street Mixed Use District (MSMU) is the most appropriate zoning district for this tract of land. Staff recommends approval of the rezoning application as submitted. City Council Memorandum Page 3 FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on August 12, 2015 and offered a recommendation of approval by a unanimous vote. Staff recommends approval of Ordinance 15-S-29 to zone the subject property from Single- Family Residential District – 2 (R-2) to Main Street Mixed Use District (MSMU). ATTACHMENT Ordinance No. 15-S-29 ORDINANCE NO. 15-S-29 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING AN APPROXIMATELY 0.25 ACRE TRACT OF LAND FROM SINGLE FAMILY RESIDENTIAL DISTRICT-2 (R-2) TO MAIN STREET MIXED USE DISTRICT (MSMU). WHEREAS, an application to rezone approximately 0.25 acres of land described in the Exhibit A and Exhibit B attached herein (herein, the “Property”) has been filed with the City; and WHEREAS, the City’s Unified Development Code Section 21.5.4.D. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the “Conditions”); and WHEREAS, on August 12, 2015, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, made a recommendation to approve the requested rezoning; and WHEREAS, on August 25, 2015 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and depicted in Exhibit B, is hereby zoned Main Street Mixed Use District (MSMU). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 25th day of August, 2015. PASSED, APPROVED AND ADOPTED on final reading the 1st day of September, 2015. ____________________________________ Michael R. Carpenter, Mayor ATTEST: ________________________________ Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A “The Property” Exhibit B “The Property” Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: August 25, 2015 Department: Finance Subject: Public Hearing – Fiscal Year 2015-16 Budget and First Reading of Ordinance No. 15-T-30 BACKGROUND In accordance with applicable statutes and the City Charter, the City Manager submitted a budget proposal to the City Council for consideration. The City Council held the first public hearing on August 18, 2015 on the proposed FY 2015-16 budget, including the budget of the Schertz Economic Development Corporation. This is the second public hearing and first reading of the budget ordinance. Council hold a third public hearing and will take the second and final vote to adopt the proposed City FY 2015-16 budget at the next regularly scheduled Council meeting on September 1, 2015 at 6:00 P.M. in the City Council Chambers. FISCAL IMPACT General Fund $26,180,517 Special Events Fund $ 131,800 PEG Fund $ 252,500 Water & Sewer Fund $18,855,871 EMS Fund $ 7,471,850 Drainage Fund $ 1,220,951 Hotel Tax Fund $ 259,330 Park Fund $ 34,800 Tree Mitigation $ 27,000 Capital Recovery-Water $ 3,477,141 Capital Recovery-Sewer $ 3,643,712 Tax I&S Fund $ 5,821,418 Library Fund $ 28,000 Historical Committee $ 11,010 Parks & Recreation Foundation $ 283,980 SEDC $ 2,659,502 Total $70,359,382 City Council Memorandum Page 2 RECOMMENDATION Staff recommends that the Mayor open the public hearing, take comments, then close the public hearing. Staff further recommends that the City Council approve first reading of Ordinance No. 15-T-30, adopting the budget for the fiscal year beginning October 1, 2015 and ending September 30, 2015. ATTACHMENT Ordinance No. 15-T-30 ORDINANCE NO. 15-T-30 AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016, 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 18th day of August, 2015, the 25th day of August, 2015, and the 1st day of September, 2015; 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, 2015, and ending September 30, 2016, 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, 2015, and ending the thirtieth day of September, 2016. 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: 2015-2016 Budget General Fund $26,180,517 Special Events Fund $ 131,800 PEG Fund $ 252,500 Water & Sewer Fund $18,855,871 EMS Fund $ 7,471,850 Drainage Fund $ 1,220,951 Hotel Tax Fund $ 259,330 Park Fund $ 34,800 Tree Mitigation $ 27,000 Capital Recovery-Water $ 3,477,141 Capital Recovery-Sewer $ 3,643,712 Tax I&S Fund $ 5,821,418 Library Fund $ 28,000 Historical Committee $ 11,010 Parks & Recreation Foundation $ 283,980 SEDC $ 2,659,502 Total $70,359,382 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 25th DAY OF AUGUST 2015. ___________________________ Michael Carpenter, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary PASSED AND APPROVED ON SECOND READING THIS 1st DAY OF SEPTEMBER 2015. ___________________________ Michael Carpenter, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary APPROVED AS TO FORM AND LEGALITY: ___________________________________ City Attorney Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: August 25, 2015 Department: Finance Subject: Public Hearing and first Reading Ordinance No. 15-T-31 - FY 2015-16 Tax Rate 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 4th, 2015 regular session the City Council, by record vote, established a proposed preliminary maximum tax rate of $0.4911 per $100 of value. The proposed rate is not subject to rollback. This is the second public hearing. The first required public hearing was conducted at the August 18th regular session. FISCAL IMPACT The Property Tax Rate is $0.4911 per $100 valuation. The M&O portion of the tax rate will decrease to $0.3159 per $100 valuation. The I&S portion will decrease to $0.1752 per $100 valuation. RECOMMENDATION Staff recommends that the City Council approve Ordinance No. 15-T-31 approving the Fiscal Year 2015-16 Proposed Tax Rate on first reading. The motion is “I move that property taxes be increased by the adoption of a tax rate of $0.4911, which is effectively a 5.25% increase in the tax rate.” ATTACHMENT Ordinance No. 15-T-31 ORDINANCE NO. 15-T-31 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 18th day of August, 2015 and a second Public Hearing was held on the 25th day of August 2015; 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 WHEREAS, the taxes have been levied in accordance with the adopted 2015-16 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 2015, 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 the average Home by approximately $43. SECTION 4. There is hereby levied and assessed and there shall be collected for the tax year 2015 for the general use and support of the Municipal Government of the City of Schertz, Texas a total ad valorem tax of Forty-Nine Eleven Cents ($0.4911) 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 2015 as follows: 1. 0.3159 for the purpose of maintenance and operation 1. 0.1752 for the payment of principal and interest on debt 2. 0.4911 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 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, 2015 and shall become delinquent after January 31, 2016. 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, 2016, 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 18th DAY OF AUGUST 2015. ___________________________ Michael Carpenter, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary PASSED AND APPROVED ON SECOND READING THIS 1st DAY OF SEPTEMBER 2015. ____________________________ Michael Carpenter, Mayor ATTEST: ____________________________ Brenda Dennis, City Secretary