03-08-2021 Agenda with backup
MEETING AGENDA
City Council
SPECIAL SESSION CITY COUNCIL
March 8, 2021
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
CITY OF SCHERTZ CORE VALUES
Do the right thing
Do the best you can
Treat others the way you want to be treated
Work cooperatively as a team
SPECIAL AGENDA
MONDAY, MARCH 8, 2021 at 12:00p.m.
City Council will hold a Special Meeting at 12:00 p.m., Monday, March 8, 2021,
at the City Council Chambers. In lieu of attending the meeting in person,
residents will have the opportunity to watch the meeting via live stream on the
City’s YouTube Channel.
Call to Order
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Mayor Gutierrez)
Hearing of Residents
Residents who choose to watch the meeting via live stream, but who would like to participate in Residents to be
Heard, should email their comments to City Secretary, Brenda Dennis, at bdennis@schertz.com by 5:00 p.m. on
Friday, March 5, 2021, SO THAT THE CITY SECRETARY MAY READ THE PUBLIC
COMMENTS INTO THE RECORD UNDER THE HEARING OF RESIDENTS. In the body of the
email please include your name, your address, phone number, agenda item # if applicable or subject of discussion,
and your comments.
This time is set aside for any person who wishes to address the City Council. Each person should fill out
the speaker’s register prior to the meeting. Presentations should be limited to no more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member thereof.
Any person making personal, impertinent, or slanderous remarks while addressing the Council may
March 8, 2021 City Council Agenda Page 1
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.
Discussion and Action Items
1.Ordinance 21-M-10 - Consideration and/or action approving an Ordinance by the City Council
of the City of Schertz, Texas authorizing the City to temporarily adjust its rates and charges so
that the City may bill the lower of January 2021 or February 2021 for water consumption to
customers; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance;
providing an effective date; and declaring an emergency. First and Final Reading (M. Browne
/B. James/J. Walters)
Roll Call Vote Confirmation
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 4th DAY OF MARCH 2021 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
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 _______________, 2021. TITLE: ______________
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking
spaces are available. If you require special assistance or have a request for sign interpretative services
or other services, please call 210-619-1030.
The City Council for the City of Schertz reserves the right to adjourn into closed session at any
time during the course of this meeting to discuss any of the matters listed above, as authorized by
the Texas Open Meetings Act.
Closed Sessions Authorized: This agenda has been reviewed and approved by the City’s legal
counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a
written interpretation of Texas Government Code Chapter 551 by legal counsel for the
governmental body and constitutes an opinion by the attorney that the items discussed therein may
be legally discussed in the closed portion of the meeting considering available opinions of a court of
record and opinions of the Texas Attorney General known to the attorney. This provision has been
March 8, 2021 City Council Agenda Page 2
added to this agenda with the intent to meet all elements necessary to satisfy Texas Government
Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this
opinion.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Gutierrez
Audit Committee
Investment Advisory Committee
Main Street Committee
Councilmember Scagliola – Place 5
Cibolo Valley Local Government Corporation -
Alternate
Hal Baldwin Scholarship Committee
Interview Committee for Boards and Commissions -
Alternate
Schertz-Seguin Local Government Corporation
Councilmember Davis– Place 1
Interview Committee for Boards and
Commissions
Main Street Committee - Chair
Schertz Housing Authority Board
TIRZ II Board
Councilmember Scott – Place 2
Interview Committee for Boards and Commissions
Schertz Animal Services Advisory Commission
Councilmember Whittaker – Place 3
Audit Committee
TIRZ II Board
Councilmember Dahle – Place 4
Cibolo Valley Local Government Corporation
Interview Committee for Boards and Commissions
TIRZ II Board
Councilmember Heyward – Place 6
Audit Committee
Investment Advisory Committee
Main Street Committee
Councilmember Brown – Place 7
Main Street Committee
Schertz-Seguin Local Government Corporation -
Alternate
March 8, 2021 City Council Agenda Page 3
Agenda No. 1.
CITY COUNCIL MEMORANDUM
City Council
Meeting:March 8, 2021
Department:Finance
Subject:Ordinance 21-M-10 - Consideration and/or action approving an Ordinance by the
City Council of the City of Schertz, Texas authorizing the City to temporarily
adjust its rates and charges so that the City may bill the lower of January 2021 or
February 2021 for water consumption to customers; repealing all Ordinances or
parts of Ordinances in conflict with this Ordinance; providing an effective date;
and declaring an emergency. First and Final Reading (M. Browne /B. James/J.
Walters)
BACKGROUND
A disaster declaration was made beginning on February 13, 2021 due to the severe winter weather seen
across Texas. The City saw freezing temperatures lasting many consecutive days, snow, persistent ice,
and power outages. This level of winter weather is rare for our area and many were caught unprepared.
One common safety method to help prevent pipes from freezing and bursting is to leave faucets dripping
inside the house. This method was encouraged during the event and many customers took heed. Due to
this and other factors like pipe breaks, water consumption was 20.3 million gallons higher city wide,
this 75% higher than normal.
Staff has been communicating with both the Cibolo Creek Municipal Authority (CCMA), which treats
the majority of the city's wastewater, and the Schertz Seguin Local Government Corporation, which
supplies the city's water. Both entities have agreed to charge Schertz the lower usage between January
2021 and February 2021 for services in February. This would be a savings to the City of Schertz and
lower the expenditures the city would normally have to pay.
The ordinance today proposes to pass on those savings to the customer using this same method. If the
customer used more water in February 2021 than January 2021, they will receive a credit equal to the
difference. Essentially, their February bill would be the same as the one they received in January. If
they used less water than January, they would receive no adjustment.
This method of conveying relief to citizens is the same as being used by other utilities such as the San
Antonio Water System.
If passed this adjustment would be seen on the utility bills customers receive in March.
GOAL
To provide relief to customers that used the drip method to prevent their water pipes from freezing and
bursting, potentially causing severe damage to their homes.
COMMUNITY BENEFIT
Customers that used more water during the winter event will be billed less if their usage was more in
February than in January 2021.
SUMMARY OF RECOMMENDED ACTION
Staff recommends Council approve this ordinance, which will reduce utility bills for some customers
and pass along savings realized by the City of Schertz from the water and sewer providers. Given the
limited time between the severe weather event and the normal billing cycle, staff recommends that
Council declares and emergency to approve this ordinance on one reading to allow staff to immediately
begin adjusting bills.
FISCAL IMPACT
There would be minimal fiscal impact to the City of Schertz and its Utility Fund. This ordinance would
be passing along expenditure savings to the customers.
RECOMMENDATION
Staff recommends approval of Ordinance 21-M-10
Attachments
Ordinance 21-M-10
ORDINANCE NO. 21-M-10
AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING THE
CITY TO TEMPORARILY ADJUST ITS RATES AND CHARGES SO
THAT THE CITY MAY BILL THE LOWER OF JANUARY 2021 OR
FEBRUARY 2021 FOR WATER CONSUMPTION TO CUSTOMERS;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE
DATE; AND DECLARING AN EMERGENCY
WHEREAS, the City declared an emergency beginning February 13, 2021 through
February 20, 2021 due to the winter storm that affected the State of Texas; and
WHEREAS, in order to protect their homes and businesses, the City encouraged citizens
to use the drip method to prevent pipes from freezing and bursting; and
WHEREAS, the City’s sewer treatment provider Cibolo Creek Municipal Authority and
the water provider Schertz Seguin Local Government Corporation, have both agreed to charge the
City for the lower usage between January 2021 and February 2021 resulting in savings to the City;
and
WHEREAS, other utilities in the area are also charging their customers the lower usage
between January 2021 and February 2021; and
WHEREAS, Staff proposes passing on those savings to the utility customers by billing
them the lower of January 2021 or February 2021 consumption; and,
WHEREAS, to do so necessitates a temporary adjustment of established rates and charges
adopted by the City; and,
WHEREAS, it is hereby found that billing utility customers the lo wer of January 2021 or
February 2021 consumption serves a public purpose, and any private benefit is merely incidental
to the greater public purpose served; and,
WHEREAS, it is hereby found that the timing of the disaster and the subsequent billing
cycle constitute a sufficient basis to invoke the emergency single reading provisions of
Section 4.09(e) of the City Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
Section 1. The City Council of the City of Schertz authorizes staff to adjust the utility
bills to charge customers the lower of January 2021 or February 2021 consumption to be
implemented on bills received by customers in March 2021.
50310825.1 - 2 -
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a
part of the judgment and findings of the Council.
Section 3. All ordinances, 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 herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City hereby
declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. Pursuant to Section 4.09(e) of the City Charter, by vote of not less than two-
thirds of the members of the City Council present at the meeting at which this Ordinance was first
considered, the City Council has determined that an emergency exists which requires immediate
action, and this Ordinance is hereby adopted on a single reading, and this Ordinance shall be
effective upon the date hereof and any publication required by law.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT
THIS ORDINANCE WAS PASSED and APPROVED on first and final reading this the 8th day
of March 2021.
APPROVED:
_____________________________
Ralph Gutierrez, Mayor
ATTEST:
______________________________
Brenda Dennis, City Secretary