06-11-2013 Agenda with Backup MEETING AGENDA
City Council
REGULAR SESSION CITY COUNCIL
June 11, 2013, 6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
06-11-2013 Council Agenda
AGENDA
TUESDAY, JUNE 11, 2013 AT 6:00 P.M.
Call to Order – Regular Session
Invocation and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Councilmember Jim Fowler)
City Events and Announcements
• Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James)
• Announcements and recognitions by City Manager (J. Kessel)
Presentations
• Introduction of the FY 2013/14 Sweetheart Court (D. Harris/E. Matlock)
Workshop
• Presentation/discussion and direction regarding amendments to the Unified
Development Code (UDC) regarding Landmark Property designations and Historic
Overlay Districts; survey results of Coat of Arms Survey; and upcoming Landmark
Property Designations. (B. James/D. Weirtz)
• Presentation/discussion and direction regarding the City of Schertz Code of
Ordinances, Chapter 54 – Nuisances, Section 54-22(b)(3) – Any sign, notice, pole,
post, basketball goal, and any other obstructions placed or painted upon any sidewalk,
street, or in any public right-of-way within the corporate limits of the City. (J.
Bierschwale/B. Todd)
• Presentation/discussion and possible action regarding the Water/Wastewater Rate
Study and Long-Term Financial Plan. (J. Bierschwale/S. Willoughby/Dan Jackson)
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.
06-11-2013 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.
Consent Agenda Items
The Consent Agenda is considered to be 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 by the Mayor or a Councilmember.
1. Minutes - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of June 4, 2013. (J. Kessel/B. Dennis)
2. Resolution No. 13-R-45 – Consideration and/or action approving a Resolution
authorizing a Professional Services Agreement with Ford Engineering, Inc., relating
to Engineering, Design, and Hydraulic Study for the Maske Road Waterline Project,
and other matters in connection therewith. (J. Bierschwale/S. Willoughby)
3. Resolution No. 13-R-46 – Consideration and/or action approving a Resolution
authorizing the appointment of the Schertz Sweetheart Advisory Group, and other
matters in connection therewith. (D. Harris/E. Matlock)
4. Resolution No. 13-R-47 – Consideration and/or action approving a Resolution
authorizing the revised By-laws of the Schertz Sweetheart Advisory Group, and other
matters in connection therewith. (D. Harris/E. Matlock)
Discussion and Action Items
5. Resolution No. 13-R-48 – Consideration and/or action approving a Resolution
authorizing changes in the employee compensatory time policy as contained in the City
of Schertz Employee Policy Handbook. (J. Kessel/J. Smith)
Roll Call Vote Confirmation
Requests and Announcements
6. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
06-11-2013 City Council Agenda Page - 3 -
7. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
8. Requests by Mayor and Councilmembers to City Manager and Staff for information.
9. 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
Executive Session
Called under:
Section 551.071 Texas Government Code Deliberation regarding litigation, pending or
contemplated litigation;
Section 551.072 Texas Government Code - Deliberation regarding the purchase,
exchange, sale, lease, or value of real property, or real estate;
Section 551.074 Texas Government Code - Deliberation regarding personnel matters,
policies, duties, employment, and evaluation of certain public officials and employees;
Section 551.087 Texas Government Code – Deliberation regarding Economic
Development Negotiations.
Reconvene into Regular Session
10. Take any action deemed necessary as a result of the Executive Session.
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 7th DAY OF JUNE 2013 AT 4:00
P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES
AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551,
TEXAS GOVERNMENT CODE.
Brenda Dennis
Brenda Dennis CPM, TRMC, MMC, City Secretary
06-11-2013 City Council Agenda Page - 4 -
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 _______________, 2013.
____________________________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 at least 24 hours in advance of meeting.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Carpenter
Audit Committee
Hal Baldwin Scholarship Committee
Interview Committee for Boards and Commissions
Investment Advisory Committee
TIRZ II Board
Mayor Pro-Tem Edwards – Place 4
Audit Committee
Hal Baldwin Scholarship Committee
Councilmember Fowler – Place 1
Interview Committee for Boards and Commissions
Schertz Housing Board Liaison
Councilmember Scagliola – Place 2
Animal Control Advisory Committee
Cibolo Valley Local Government Corporation
Interview Committee for Boards and Commissions
Sweetheart Advisory Committee
Councilmember Antuna - Place 3
ASA Commuter Rail District Board – Lone Star
Randolph Joint Land Use Study (JLUS) Executive
Committee
Schertz Seguin Local Government Corporation
Councilmember – Verinder – Place 5
Audit Committee
Investment Advisory Committee
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: June 11, 2013
Department: City Secretary
Subject: Minutes
BACKGROUND
The City Council held a regular meeting on June 4, 2013.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the regular meeting of June 4, 2013.
ATTACHMENT
Minutes –regular meeting June 4, 2013
06-04-2013 Minutes Page - 1 -
MINUTES
REGULAR MEETING
June 4, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 4,
2013, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Mayor Pro-Tem Cedric Edwards Councilmember Jim Fowler
Councilmember David Scagliola Councilmember George Antuna
Councilmember Sydney Verinder
Staff Present: City Manager John C. Kessel
Executive Director John Bierschwale Executive Director David Harris
Executive Director Brian James Chief of Staff Bob Cantu
City Attorney Katherine Tapley City Secretary Brenda Dennis
Mayor Carpenter was absent.
CALL TO ORDER:
Mayor Pro-Tem Edwards called the Regular Meeting to order at 6:00 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS.
Pastor Ken Mitschke with Word of Life Church gave the invocation followed by the Pledges of
Allegiance to the Flags of the United States and the State of Texas.
City Events and Announcements
• Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James)
Mayor Pro-Tem Edwards recognized Executive Director of Support David Harris who
announced the following upcoming events:
• Sunday, June 9, 2013 – 2013 Employee Picnic from 1:00 p.m. to 5:00 p.m. Pickrell Park
large pavilion. Field Day Theme – Families Welcome!! Games, races, prizes food & drinks,
swimming and much more.
• Saturday, June 15, 2013 – Schertz Community-Wide Rummage Sale, bake sale, raffle, and
silent Auction, Schertz Civic Center, 8:30 to 3:30 p.m. All proceeds go to victims of the
recent tornadoes near Oklahoma City. For more information please call Sherrie Sharp – 210-
886-8408. There will also be a special booth to accept donations of pet food and supplies.
• Saturday, June 15, 2013 – 12th Annual Wilenchik Memorial Doggie Dash starts at 8:00 a.m.
Pickrell Park.
• Tuesday, July 2, 2013 – The United States Air Force Band of the West – Concert Band
celebrating America – Schertz Civic Center starts at 7:00 p.m.
06-04-2013 Minutes Page - 2 -
• Thursday, July 4, 2013 – Let Freedom Run – 5k Run/Fun Walk benefiting the Veterans
Memorial Plaza – Schertz Civic Center 8:00 a.m. is registration, 9:15 a.m. 5K Run/Fun
Walk.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Pro-Tem Edwards recognized City Manager John Kessel who gave a special thank
you to Mary Ybarra. He stated she is retiring and will be leaving in a couple of weeks and to
please take the opportunity to stop by and let her know how much you have appreciated
working with her. Mr. Kessel stated that she has certainly been a pleasure to work with.
Workshop
• Discussion, consideration and/or possible action regarding franchises for municipal solid
waste collection, recycling, household hazardous waste collection, and disposal programs,
including a possible franchise with Republic Services (J. Bierschwale/K. Tapley)
Mayor Pro-Tem Edwards recognized City Attorney Katherine Tapley and Executive
Director of Operations John Bierschwale who introduced this item stating the City of
Schertz (the “City”) received a letter from Republic Services requesting a franchise
agreement with the City for industrial waste and recycling services. The City staff believes
that the City Council should review the request and determine whether the City should
entertain requests (including this request) for additional franchise agreements for municipal
solid waste collection, recycling, household hazardous waste collection, and disposal
programs.
Any additional franchise agreements for municipal solid waste collection, recycling,
household hazardous waste collection, and disposal programs should be at the same rate
schedule as the existing franchise agreement with Cibolo Waste Incorporated, dba Bexar
Waste Inc. In addition staff will have additional duties to collect and manage the billing for
another franchise provider.
Council discussed potential additional franchise(s) to include the request from Republic
Services for municipal waste collection, recycling, household hazardous waste collection,
and disposal programs.
Staff recommended no additional franchises be issued at this time, as the current provider,
Bexar Waste Inc., is doing an exceptional job. City Council concurred. Council also
discussed doing an exclusive franchise with Bexar Waste.
Council concurred to continue services with Bexar Waste and not allow an additional
franchise with Republic Services at this time.
Staff is to provide on an upcoming agenda an exclusive contract with Bexar Waste.
Hearing of Residents:
06-04-2013 Minutes Page - 3 -
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
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.
Mayor Pro-Tem Edwards recognized the following citizens who spoke:
• Mr. Ernest Bailey, 2717 Star Light Lane, who spoke regarding transparency and the need to
put information on the website regarding the status of FM 78 and Main Street bonds that
were approved. Mr. Bailey also requested information be placed on the website of where the
money is being spent on the other bond projects and who received the money. Mr. Bailey
stated his concern where the City has gone from a reserve of 68% of spending in 2007 down
to 10% spending reserve. He stated that the City needs to take a look at their debt, and
transparency to the citizens.
• Mr. Grumpy Azzoz, 528 Wayward Pass, who spoke against allowing another Municipal
Waste Franchise. Mr. Azzoz also requested Council consider an exclusive contract with
Bexar Waste as Council had requested earlier.
Mr. Azzoz also made a comment regarding Management and employee relationships.
Mr. Azzoz asked a question as to why the City Attorney and the City Manager sat on the
dais. He stated that he has visited other cities and only the Mayor and Council sit on the dais.
Discussion and Action Items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of May 28, 2013. (J. Kessel/B. Dennis)
Mayor Pro-Tem Edwards recognized Councilmember Scagliola who moved, seconded by
Councilmember Verinder, to approve the minutes of the Regular meeting of May 28, 2013.
The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler,
Scagliola, Antuna, and Verinder voting yes and no one voting no. Motion Carried.
2. Resolution No. 13-R-44 – Consideration and/or action approving a Resolution accepting the
Semiannual Report with respect to the progress of the Capital Improvements Plan, and other
matters in connection therewith. (B. James/L. Busch)
The following was read into record:
06-04-2013 Minutes Page - 4 -
RESOLUTION NO. 13-R-44
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
ACCEPTING THE SEMIANNUAL REPORT WITH RESPECT TO THE
PROGRESS OF THE CAPITAL IMPROVEMENTS PLAN AND OTHER MATTERS
IN CONNECTION THEREWITH
Mayor Pro-Tem Edwards recognized Executive Director of Development Brian James who
introduced this item, stating that Section 395.058 (c) (4) of the Texas Local Government
Code requires the Capital Improvements Advisory Committee (CIAC) to file semiannual
reports with respect to the progress of the capital improvements plan and report to City
Council any perceived inequities in implementing the plan or imposing impact fees. Section
90-158 of the City’s Code of Ordinance includes this same requirement. The CIAC is a
citizen group made up of our current Planning and Zoning Commission, a real estate-type
representative and a resident in the Extraterritorial Jurisdiction, all of whom are appointed by
the City Council.
Mr. James stated the report being presented covers October 1, 2012 through March 31, 2013.
It is anticipated that the next report will be presented to Council in November 2014.
Mr. James addressed question from Council regarding the loan that was taken out. Mr.
James stated that the loan was taken out for water meter upgrade and that the loan was taken
from the Capital recovery account – impact fees. Mr. James stated this was a loan that they
have to pay back that was taken out in 2007, and have been paying that back to the impact
fees.
Mayor Pro-Tem Edwards recognized Councilmember Scagliola who moved, seconded by
Councilmember Fowler, to approve Resolution No. 13-R-44, accepting the semiannual
report. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler,
Scagliola, Antuna, and Verinder voting yes, and no one voting no. Motion Carried.
Roll Call Vote Confirmation
Mayor Pro-Tem Edwards recognized City Secretary Brenda Dennis who recapped the votes for the
agenda items 1 and 2.
Requests and Announcements
3. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements provided.
4. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
06-04-2013 Minutes Page - 5 -
Mayor Pro-Tem Edwards recognized Councilmember Fowler who requested an item be
placed on a future agenda regarding an update on our emergency response as it relates to the
upcoming hurricane season and the potential flooding of the creeks within the City.
City Manager John Kessel stated that City staff has recently updated the City’s Emergency
Plan Annexes that were out of date, as well as update those that needed to be updated. He
stated that as you saw a couple of weekends ago, we have excellent emergency response
staffers who respond to flooding conditions. Mr. Kessel stated that staff is also doing an after
action report from that event to see if there are any areas where we could improve our
performance.
Mr. Kessel referenced a report which was provided to Council on a project of a limited
purpose Emergency Operations Center that will have data drops and telephone lines installed.
He stated he also updated Council on organization structure of the Emergency Operations
Center and our staff. Mr. Kessel stated that he would provide this update to Council along
with the drainage and flood control information that was requested.
Mayor Pro-Tem Edwards recognized Councilmember Antuna who requested staff prepare an
exclusive Municipal Waste Franchise contract with Bexar Waste.
5. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No information requested.
6. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Pro-Tem Edwards recognized Councilmember Scagliola who stated he attended the
following events:
• Attended the Sweetheart Advisory Committee meeting last week.
• Friday, May 31, 2013 – Ribbon cutting at Fish Window Cleaning.
Mayor Pro-Tem Edwards recognized Councilmember Antuna stated he attended the
following events:
• San Antonio River Authority meeting where they had a presentation regarding
flooding, drainage and the mechanisms they used to divert water and
causalities.
Mayor Pro-Tem Edwards recognized Councilmember Verinder who stated that he has set up
an appointment with the Executive Director of the Schertz-Seguin Local Government
06-04-2013 Minutes Page - 6 -
Corporation Wednesday, June 5, 2013. He stated they will be out in the field doing site
visits, orientation of some of the programs the Corporation is involved in. Councilmember
Verinder stated this is an educational project for him to see how the City is jointly working
together with the Corporation.
Mayor Pro-Tem Edwards recognized Commissioner Jim Wolverton who was in the audience
this evening.
Executive Session
Mayor Pro-Tem Edwards recessed the regular meeting into executive session at 6:46 p.m.
Called under:
Section 551.071 Texas Government Code Deliberation regarding litigation, pending or
contemplated litigation;
Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange,
sale, lease, or value of real property, or real estate;
Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies,
duties, employment, and evaluation of certain public officials and employees;
Section 551.087 Texas Government Code – Deliberation regarding Economic Development
Negotiations.
Reconvene into Regular Session
Mayor Pro-Tem Edwards reconvened into regular session at 7:36 p.m.
7. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Adjournment
As there was no further business, the meeting was adjourned at 7:36 p.m.
__________________________________
Mayor Pro-Tem, Cedric Edwards, Sr.
ATTEST:
_________________________
City Secretary, Brenda Dennis
Page: 1
Water/Wastewater Rate Study
And Long-Term Financial Plan
Council Presentation
City of Schertz
June 2013
!
!
Facts about Water and Wastewater Rates
in the 21st Century
Page: 2
Average utility has been increasing rates
5-6% per year
AWWA has stated that it expects water and
ww rates across the USA to triple in the
next 15 years
Many reasons for rate increases are
beyond a City’s ability to influence
Cities that jointly share facilities can have
lower unit costs
Conclusion: higher rates are an unfortunate
but inevitable fact of life in USA
!
City of Schertz
Current Water Rates – Inside City
Page: 3
1I -- 5/8 Inch 18.94$ - 6,000 2.34$
2I -- I 3/4 Inch 28.41 6,001 9,000 2.37
3I -- 1 Inch 47.35 9,001 12,000 2.58
4I -- 1 1/2 Inch 94.70 12,001 15,000 2.78
5I -- 2 Inch Compnd 151.52 15,001 18,000 2.94
6I -- 2 Inch Turbine 189.40 18,001 24,000 3.70
7I -- 3 Inch Compnd 303.04 24,001 45,000 4.21
8I -- 3 Inch Turbine 454.56 45,001 60,000 4.48
9I -- 4 Inch Compnd 473.50 60,001 75,000 4.64
10I -- 4 Inch Turbine 795.48 75,001 Above 4.74
11I -- 6 Inch Compnd 947.00
12I -- 6 Inch Turbine 1,742.48
FH -- Fire Hydrants 90.00
Monthly Charge Volume Charge Per 1,000 Gallons
!
City of Schertz
Current Wastewater Rates
Page: 4
Commercial/
Residential Institutions
Base Charge 3.75$ 4.75$
Charge/1,000 Gal:
Line Maintenance Fee 0.15 0.18
User Charge -- CCMA 2.50 2.50
Total 1-12,000 2.65 2.68
Total 12,001-Above 2.84 2.87
!
Water/WW Rate Comparison
10,000 Gallons Water and 5,000 Gallons WW
Page: 5
$59.67
$36.84
$75.38
$124.36
$-
$20.00
$40.00
$60.00
$80.00
$100.00
$120.00
$140.00
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Source: Municipal Websites & 2012/2013 TML Rate Survey
!Historical and Forecast Accounts
Page: 6
!12,718!!
!15,553!!
!6,000!!
!8,000!!
!10,000!!
!12,000!!
!14,000!!
!16,000!!
!18,000!!
2013!2014!2015!2016!2017!2018!2019!2020!2021!2022!
!
Total Usage (Gallons)
FY 2012
Page: 7
1I#$$##5/8#Inch#2I#$$#I##3/4#Inch#
3I#$$#1#Inch#
4I#$$#1#1/2#Inch#
5I,6I#$$#2#Inch#
7I,9I#$$#3$4#Inch#FH#$$#Fire#
Hydrants#
Outside#
Total = 1,613,852,100
!
Cost of Service and Rate Forecast Primary
Assumptions
Most operating expenses increase 3.0% per year; some
increase at additional rates based on volume/customer
account increases
Water costs based on SSLGC 10 year forecast
CCMA WW costs assume significant increase in 2013 and
4-5% adjustments in subsequent years
Potential additional $10 million in debt issued for future
wastewater infrastructure improvements
After reviewing alternatives, Council and staff have
expressed clear preference for rate plan based on “status
quo” or existing design
Page: 8
!
Water Utility
Forecast Cost of Service
Page: 9
!$#!!!!
!$1,000,000!!
!$2,000,000!!
!$3,000,000!!
!$4,000,000!!
!$5,000,000!!
!$6,000,000!!
!$7,000,000!!
!$8,000,000!!
!$9,000,000!!
!$10,000,000!!
2013!2014!2015!2016!2017!
Opera4ng!Expenses!SSLGC!Capital!Outlays!Debt!Service!
!
Wastewater Utility
Forecast Cost of Service
Page: 10
!"!!!!
!1,000,000!!
!2,000,000!!
!3,000,000!!
!4,000,000!!
!5,000,000!!
!6,000,000!!
!7,000,000!!
!8,000,000!!
2013!2014!2015!2016!2017!
Opera2ng!Expenses!CCMA!Capital!Outlays!Debt!Service!
!
Proposed Rate Plan
Page: 11
Current
WATER Rates
Base Charge
5/8"18.94$
3/4"28.41
1"47.35
Volume Charge -- 5/8, 3/4, 1"
- 6,000 2.34
6,001 9,000 2.37
9,001 12,000 2.58
12,001 15,000 2.78
15,001 18,000 2.94
18,001 30,000 3.70
30,001 45,000 4.21
45,001 60,000 4.48
60,001 75,000 4.64
75,001 Above 4.74
WASTEWATER Rates
Residential
Base Charge 3.75$
Line Maintenance Fee 0.15
User Charge 2.50
Total Charge per 1,000 Gallons
- 12,000 2.65
12,001 Above 2.84
Effective
Oct-13
19.32$
28.98
48.30
2.39
2.42
2.63
2.84
3.00
3.77
4.29
4.57
4.73
4.83
5.06$
0.20
2.78
2.98
3.83
!
Proposed Rate Plan
Page: 12
Current
WATER Rates
Base Charge
5/8"18.94$
3/4"28.41
1"47.35
Volume Charge -- 5/8, 3/4, 1"
- 6,000 2.34
6,001 9,000 2.37
9,001 12,000 2.58
12,001 15,000 2.78
15,001 18,000 2.94
18,001 30,000 3.70
30,001 45,000 4.21
45,001 60,000 4.48
60,001 75,000 4.64
75,001 Above 4.74
WASTEWATER Rates
Residential
Base Charge 3.75$
Line Maintenance Fee 0.15
User Charge 2.50
Total Charge per 1,000 Gallons
- 12,000 2.65
12,001 Above 2.84
Effective Effective Effective Effective Effective
Oct-13 Oct-14 Oct-15 Oct-16 Oct-17
19.32$ 19.71$ 19.90$ 20.10$ 20.30$
28.98 29.56 29.85 30.15 30.45
48.30 49.26 49.76 50.25 50.76
2.39 2.43 2.46 2.48 2.51
2.42 2.47 2.49 2.52 2.54
2.63 2.68 2.71 2.74 2.77
2.84 2.89 2.92 2.95 2.98
3.00 3.06 3.09 3.12 3.15
3.77 3.85 3.89 3.93 3.97
4.29 4.38 4.42 4.47 4.51
4.57 4.66 4.71 4.75 4.80
4.73 4.83 4.88 4.92 4.97
4.83 4.93 4.98 5.03 5.08
5.06$ 6.83$ 8.88$ 11.55$ 12.71$
0.20 0.27 0.36 0.46 0.51
2.78 3.03 3.48 3.78 3.87
2.98 3.30 3.84 4.24 4.38
3.83 5.18 6.73 8.75 9.62
!Impact on Monthly Water/WW Charges
Page: 13
Water WW Current
5/8" Meter
5,000 5,000 47.64$
Inc
5/8" Meter
10,000 5,000 59.67
Inc
1" Meter (Business)
30,000 30,000 226.37
Inc
Effective Effective Effective Effective Effective
Oct-13 Oct-14 Oct-15 Oct-16 Oct-17
51.23$ 55.23$ 60.26$ 65.28$ 67.44$
3.59 4.00 5.03 5.02 2.16
63.50 67.75 72.90 78.05 80.34
3.83 4.25 5.15 5.15 2.29
252.99 286.47 325.33 372.01 392.59
26.62 33.49 38.86 46.68 20.58
!
Presentation Summary
Why Must City Adjust its Rates?
City has a superior quality water/wastewater system and a
healthy fund balance
These achievements were made possible by difficult decisions
City has made to ensure that its rates cover all costs
Water and wastewater costs are continuing to increase, many of
which for reasons beyond the City’s control
Without proposed adjustments, City’s fund balance and service
quality will rapidly deteriorate
Page: 14
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: June 11, 2013
Department: Public Works
Subject: Resolution No. 13-R-45 – Authorizing a
professional services agreement with
Ford Engineering, Inc. relating to
engineering, design, and hydraulic study
for the Maske Road Waterline Project BACKGROUND
No waterline exists on Maske Road. The City of Schertz is in process of constructing the
Soccer Complex on Maske Rd that requires water service. Public Works also needs to
extend a water line from the high pressure zone to the 20” water line that delivers water to
Universal City to improve the flow. Staff has determined that Ford Engineering is qualified
to provide the engineering and design services for the project in the amount of $65,905.
Budget Estimate
Engineering $65,905
Construction $600,000
Legal $1,000
Advertising $4500
Other Prof. Services $5000
Project Total $676,405
Goal
Engineering and design to allow for bidding of project to install at 12” waterline on Maske
Road. When complete, water mains and water meters will be placed along Maske Road and
water service will be provided to the Soccer Complex and other properties along the roadway
with improved flow to the Universal City transmission line.
Community Benefit
Provide adequate water service and pressure to properties located on Maske Road and
improve the water flow to the Universal City transmission line.
Summary of Recommended Action
Staff recommends Council approve hiring Ford Engineering, Inc. to engineer and design the
Maske Road Waterline Project for a cost of $65,905.
FISCAL IMPACT
Engineering and design cost for the project in the amount of $65,905. The project will be
funded by suspending the approved Aviation Heights Water Line Upgrade Project and Maske
Road Soccer Complex Bonds budgeted portion for the water line extension.
RECOMMENDATION
Staff recommends Council approve Resolution 13-R-45
ATTACHMENTS
Resolution 13-R-45, Agreement, and Project Map
RESOLUTION NO. 13-R-45
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH FORD ENGINEERING, INC., RELATING TO
ENGINEERING, DESIGN, AND HYDRAULIC STUDY FOR THE MASKE
ROAD WATERLINE PROJECT, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the “City”) has determined that the City
requires professional services relating to engineering, design, and hydraulic study for the Maske
Road Waterline Project; and
WHEREAS, City staff has determined that Ford Engineering, Inc. is uniquely qualified to
provide such services for the City; and
WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or
proposals with respect to a procurement for personal, professional, or planning purposes; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with Ford Engineering, Inc. pursuant to the Engineering Services Agreement attached
hereto as Exhibit A (the “Agreement”).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with Ford Engineering, Inc. in substantially the form set forth on Exhibit
A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without 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.
PASSED AND ADOPTED, this 11th day of June, 2013.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
50077397.1 A-1
EXHIBIT A
ENGINEERING SERVICES AGREEMENT
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50077367.2
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: June 11, 2013
Department: Public Affairs
Subject: Resolution No. 13-R-46 -
Sweetheart Advisory Group
BACKGROUND
Goal
Approval of appointees to the Schertz Sweetheart Advisory Group
Community Benefit
To create an Advisory Group to plan and implement the program.
Summary of Recommended Action
Recommend approval
FISCAL IMPACT
Budgeted line item 106-619-532800
Beginning Balance $33,500.00
Beginning Balance Scholarship 106-619-532850 $4,000.00
RECOMMENDATION
Staff recommends approval
ATTACHMENT(S)
Resolution No. 13-R-46
RESOLUTION NO. 13-R-46
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE APPOINTMENT OF THE
SCHERTZ SWEETHEART ADVISORY GROUP, AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the
City approve the appoint of the Schertz Sweetheart Advisory Group the initial appointees shall
serve a 1-year appointment. Advisory Group members' term shall run June 1 through May 31;
and
WHEREAS, the City Council has determined that it is in the best interest of the City to
approve the appoint of the Schertz Sweetheart Advisory Group the initial appointees shall serve a
1-year appointment. Advisory Group members' term shall run June 1 through May 31 .
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the following members to the Schertz
Sweetheart Advisory Group:
Steve White, Don E. Taylor, Carla Vetter, Jenifer Anderson, Heather Dizon, Melba Erlanson,
and Lindsey Musch
City Support: Mary Spence, Linda Ervin, David J. Harris, and Joe Villarreal
Chair: Erin Matlock
Council: David Scagliola
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
50506221.1 - 2 -
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.
PASSED AND ADOPTED, this 11th day of June, 2013.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: June 11, 2013
Department: Marshal’s Services
Subject: Ordinance No. 13-H-13 – Revising
Chapter 54 – Nuisance Ordinance (First
Reading)
________________________________________________________________________
BACKGROUND
Several changes have been made to this ordinance in the last few years. The changes include junk
vehicle definition and the enforcement of nuisance vehicles; parking RV’s and parking on front
and side yard changes. The chapter on Demolitions includes a Board of Adjustment. An
ordinance on Composting has also been added to this section.
Goal
To set guidelines for private composting practices; to identify the board responsible for appeals of
unsafe structures; parking of RV’s; and minor wording changes of Chapter 54.
Community Benefit
Ordinances are current and up to date. Changes and additions to ordinance will allow staff more
effective enforcement options. The added section on Composting will allow residents to compost
appropriate materials in a safe manner without being a nuisance to neighbors.
Summary of Recommended Action
Recommend approval of first reading of changes and additions to Nuisance Ordinance to allow
for better enforcement. Request approval of addition of Composting to allow efficient and
ecological alternative to disposal of all such materials in landfills.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends approval of first reading of Ordinance No. 13-H-13
50077367.2
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: June 11, 2013
Department: Public Affairs
Subject: Resolution No. 13-R-47 -
Sweetheart Advisory Group
BACKGROUND
Goal
Approval of revised By-Laws for the Schertz Sweetheart Advisory Group
Community Benefit
To create an Advisory Group to plan and implement the program
Summary of Recommended Action
Recommend approval
FISCAL IMPACT
Beginning Balance $33,500.00
Beginning Balance Scholarship 106-619-532850 $4,000.00
Budgeted line item 106-619-532800
RECOMMENDATION
Staff recommends approval
ATTACHMENT(S)
Resolution No. 13-R-47
Revised By-Laws for the Schertz Sweetheart Advisory Group
Red-lined By-Laws for the Schertz Sweetheart Advisory Group
Nuisance Ordinance -1-
ORDINANCE NO. 13-H-13
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF SCHERTZ, TEXAS, CHAPTER
54, NUISANCES, BE AMENDED BY DELETING CHAPTER
54, NUISANCES AND REPLACING SAME WITH A
REVISED CHAPTER 54, NUISANCES; PROVIDING A
PENALTY CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
SECTION 1. AMENDMENT. Chapter 54, Nuisances, shall be amended to read as follows:
CHAPTER 54, NUISANCES
TABLE OF CONTENTS
ARTICLE I.
IN GENERAL
Section 54-1. Scope
Section 54-2. Duties and Powers of the Code Official
Section 54-3. Severability
Section 54-4. Requirements not Covered by this Chapter
Section 54-5. Abatement of Violation
Section 54-6. General Notices and Orders
Section 54-7. Reserved
Section 54-8. Removal or Correction by the City
Section 54-9. Restrictions Imposed on Property until Lien
is Cleared
Section 54-10. Statement of Expenses: Lien for and Interest
on Expenses; Suit to Collect Expenses
Section 54-11. Transfer of Ownership
Section 54-12. Violations
ARTICLE II.
DEFINITIONS
Section 54-13. Definitions
Nuisance Ordinance -2-
ARTICLE III.
NOISE
Section 54-14. Certain Acts Declared to be Noise Nuisances
ARTICLE IV.
ABANDONED HOUSEHOLD APPLIANCES
Section 54-15. Abandoned Large Household Appliances
Section 54-16. Responsibility of Owner or Person in Control
ARTICLE V.
PROPERTY MAINTENANCE REQUIREMENTS
Section 54-17. International Building Code Adopted
Section 54-18. Unsafe Structures and Equipment
Section 54-19. Emergency Measures
Section 54-20. Demolition
Section 54-21. General Responsibilities
Section 54-22. Exterior Property Areas; Nuisance Upon
Premises
Section 54-23. Swimming Pools, Spas and Hot tubs
Section 54-24. Parking Prohibited on Front and Side Yards
Section 54-25. Exterior Structure
Section 54-26. Interior Structure
Section 54-27. Handrails and Guardrails
Section 54-28. Rubbish and Garbage
Section 54-29. Texas Litter Abatement Act Adopted
Section 54-30. Extermination
Section 54-31. Light, Ventilation and Occupancy
Limitations
Section 54-32. Plumbing Facilities and Fixture Requirements
Section 54-33. Mechanical and Electrical Requirements
ARTICLE VI.
JUNK VEHICLES
Section 54-34. Declaration of Junk Vehicle as Public
Nuisance Enforcement
Section 54-35. Junk Vehicle Notice Penalties.
Section 54-36. Exemptions Junked vehicles declared public
nuisance.
Section 54-37 Abatement of Junk Vehicles Declared a
Public Nuisance Junked vehicles prohibited on public
property.
Section 54-38. Disposal of Junk Vehicle Nuisance vehicles
prohibited on private property.
Nuisance Ordinance -3-
Section 54-39. Right to an Appeal Defenses to prosecution.
Section 54-40. Conflict of Law Notice to abate nuisance
vehicle.
Section 54-41. Public hearing in municipal court.
Section 54-42. Removal of nuisance vehicle.
Section 54-43. Disposal of nuisance vehicle.
Section. 54-44. Notice to state.
ARTICLE I. IN GENERAL.
Section 54-1. Scope.
The provisions of this Chapter shall apply to all residential and nonresidential structures
and all premises, structures, equipment and facilities for light, ventilation, space, heating,
sanitation, protection from the elements, life safety, safety from fire and other hazards, and for
safe and sanitary maintenance, whether now existing or existing in the future; the responsibility
of owners, operators and occupants; the occupancy of structures and premises, and for
administration, enforcement and penalties within the jurisdiction of the City and property within
5,000 feet outside the limits of the City, whether or not within the extraterritorial jurisdiction of
the City.
Section 54-2. Duties and Powers of the Code Official.
a) Generally – The City Health Official, hereinafter referred to in this Chapter as the
Code Official, is hereby authorized and directed to enforce the provisions of this
Chapter and other related ordinances and regulations of the City. The Code
Official shall have the authority to render interpretations of this Chapter and to
adopt policies and procedures in order to clarify the application of its provisions.
Such interpretations, policies and procedures shall be in compliance with the
intent and purpose of this Chapter and shall not have the effect of waiving
requirements specifically provided for in this Chapter. The Code Official is a
member of the City Marshal’s Department, which shall have overall enforcement
authority as to this Chapter.
b) Appeals – The City Manager or his/her designated representative shall hear and
decide on all appeals or orders, decisions, or determinations made by the Code
Official relative to the application and interpretation of this Chapter.
c) Reports – The Code Official shall give attention to the health and sanitary
conditions of the City and report to the City Council once each month, making
recommendations as necessary conducive to the cleanliness of the City and the
general health of the citizens.
d) Right of Entry – It shall be unlawful for any person to interfere, hinder, or delay
the Code Official or other City deputies, inspectors, or officers in the discharge of
any duties under this Chapter or to refuse to comply with the orders of the Code
Nuisance Ordinance -4-
Official. The Code Official shall issue all necessary notices or orders to ensure
compliance with this Chapter.
e) Inspections – The Code Official shall respond to all complaints and make all
inspections necessary to ensure compliance with all state and local requirements
governing general property maintenance.
f) Department Records – Official records shall be kept of all complaints, reports,
citations, notices and orders issued. Such records shall be retained in the official
records of the City pursuant to the City’s document retention policy.
g) No Liability – The Code Official or employees charged with the enforcement of
this Chapter while acting for the jurisdiction in good faith and without malice in
the discharge of the duties required by this Chapter or other pertinent laws or
ordinances, shall not thereby be rendered liable personally and are hereby relieved
from personal liability for any damage accruing to persons or property as a result
of any act or omission in the discharge of official duties. Any suit instituted
against an officer or employee because of an act performed by the officer or
employee in the lawful discharge of duties and under the provisions of this
Chapter shall be defended by legal representative of the City until the final
termination of the proceedings. The Code Official or any subordinate shall not be
liable for cost in any action, suit or proceeding that is instituted in pursuance of
the provisions of this Chapter.
Section 54-3. Severability.
If a section, subsection, sentence, clause or phrase of this Chapter is, for any reason, held
to be unconstitutional, such decision shall not affect the validity of the remaining portions of this
Chapter.
Section 54-4. Requirements not Covered by this Chapter.
Requirements necessary for the strength, stability or proper operation of an existing
fixture, structure, or equipment, or for the public safety, health and general welfare, not
specifically covered by this Chapter, shall be determined by the Code Official or by other
applicable departments of the City.
Section 54-5. Abatement of Violation.
The imposition of the penalties herein prescribed shall not preclude the Code Official from
instituting appropriate action to restrain, correct, or abate a violation, or to prevent illegal
occupancy of a building, structure or premises, or to stop an illegal act, conduct business, or
utilization of the building, structure or premises.
Section 54-6. General Notices and Orders.
a) Notice to Person Responsible – Whenever the Code Official determines that there
has been a violation of this Chapter or has grounds to believe that a violation has
Nuisance Ordinance -5-
occurred, notice shall be given a manner prescribed below to the person
responsible for the violation to the owner, tenant, lessee, occupant, mortgagee,
agent or lien holder in a manner prescribed below to the person responsible for the
violation.
b) Form – Notices shall be in accordance with all the following:
1) Be in writing;
2) Include a description of the real estate sufficient for identification;
3) Include a statement of the violation or violations and why the notice is
being issued;
4) Include a correction order allowing seven (7) days after the date of on the
notice to make the repairs and improvements required to bring the
property or structure into compliance;
5) Inform the property owner of the right to appeal;
6) Include a statement regarding the City’s right to file a lien.
c) Method of Service – Such notice shall be deemed to be properly served if a copy
thereof is:
1) Delivered personally;
2) Sent by certified or first-class mail addressed to the last known address of
the property owner; or
3) By posting the notice on a placard attached to a stake driven into the
ground on the property to which the violation relates;
4) Posted on the door or affixed to a gate.
d) Final Notice - In the notice, the City may inform the owner by certified mail,
return receipt requested, that if the owner commits another violation of the same
kind or nature on or before the first anniversary of the date of the notice, the City,
without further notice, may issue a citation, correct the violation at the owner’s
expense, and assess the expense against the property. If the violation covered by a
notice under this Chapter occurs within the one-year period following issuance of
the notice, and the City has not been informed in writing by the owner of an
ownership change, then the City without notice may take any action permitted by
Sec. 54-8 and assess its expense as provided in Sec. 54-9 and 54-10 or Sec. 54-12.
e) Refused or Unclaimed – If the Code Official mails a notice to a person
responsible for a violation and the United States Postal Service returns the notice
Nuisance Ordinance -6-
as “refused” or “unclaimed”, the validity of the notice is not affected, and the
notice is considered as delivered.
Section 54-7. Reserved.
Section 54-8. Removal or Correction by the City.
In the event the owner, tenant, lessee, agent or occupant of any lot, parcel or premises
fails to remove or remedy any condition described in this Chapter within seven (7) days after
notice has been given, the City may do whatever is deemed necessary to remove or remedy the
condition, or cause the same to be done, and charge the expense incurred thereby to the owner,
tenant, agent, lessee or occupant of the lot, parcel or premises, and such expense shall be
assessed as a lien against the real estate upon which the work is done. A statement of expense
incurred will be certified by the City Secretary and sent to the violator of this Chapter. That
person will be given a period of fifteen (15) days for total reimbursement to the City. Upon the
expiration of this 15-day period, the amount of such unpaid expenses shall bear ten percent
(10%) per annum interest from the date certified by the City Secretary.
Section 54-9. Restrictions Imposed on Property until Lien is Cleared.
In the event no collection can be made by the City of expenses incurred in removing or
remedying any of the conditions and before and after a lien is filed against such property, the
City shall have the right to impose the following restrictions on such property until such lien is
cleared:
a) No building permit of any type will be issued by the City with respect to the
property involved, including building improvement, remodeling or modification
permits.
b) A fee of $200.00 will be levied against the violator as an administrative fee to
cover the costs of filing a lien against the property.
Section 54-10. Statement of Expenses: Lien for and Interest on Expenses; Suit to Collect
Expenses.
The City Manager or his/her designated representative shall file a statement of expenses
incurred under Sec. 54-8 stating the amount of such expenses and the date of which costs of
filing the lien with the municipal court clerk City Secretary and the County Clerk of the county
in which the lot or real estate is located, and the City shall have a privileged lien on such lot or
real estate upon which the work is done or improvement made to secure the expenditures and
interest, suit may be instituted for recovery, and forfeiture of such lien may be had in the name of
the City; and the statement of expenses so made, or certified copy thereof; shall be prima facie
proof of the amount expended for such work or improvements.
Section 54-11. Transfer of Ownership.
It shall be unlawful for the owner of any dwelling unit or structure who has received a
compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage,
Nuisance Ordinance -7-
lease, or otherwise dispose of such dwelling unit or structure to another until the provisions of
the compliance order or notice of violation have been complied with, or until such owner shall
first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or
notice of violation used by the Code Official and shall furnish to the Code Official a signed and
notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt
of such compliance order or notice of violation and fully accepting the responsibility without
condition for making the corrections or repairs required by such compliance order or notice of
violation.
Section 54-12. Violations.
a) Unlawful Acts – It shall be unlawful for a person, firm or corporation to be in
conflict with or in violation of any of the provisions of this Chapter.
b) Penalties – Any violation by any person, firm or corporation of this Chapter is
declared to be unlawful and a misdemeanor and any violation thereof shall be
punished by a fine of not less than $40.00 or more than $2,000.00. Any person in
violation of this Chapter and having paid a fine assessed for such violation shall
not be relieved of the expense incurred by the City in removing or remedying the
condition prescribed in this Chapter. Each day that a violation continues after due
notice has been served shall be deemed a separate offense. Paying the fine for the
violation does not relieve the person from remedying the violation.
ARTICLE II. DEFINITIONS.
Section 54-13. Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicated a different
meaning:
Antique Vehicle – is a passenger car or truck that is at least twenty-five (25) years old.
Code Official – the City Health Official who is charged with the administration and enforcement
of this Chapter, or any duly authorized representative of such person.
Composting – a controlled biological reduction of organic waste to humus.
Easement – a strip of land extending along a property line or across a lot, for which a limited
right of use has been or is to be granted for a public or quasi-public purpose and within which the
owner of the property shall not place any obstructions or structures in or along such area.
Garbage – any rejected or waste household food composed of vegetable and animal substances.
It shall be taken to mean and include all table and kitchen refuse of every kind and description;
also decaying vegetables and meats, or anything that will, or may, decompose and become
offensive or dangerous to health.
Nuisance Ordinance -8-
General nuisance – any condition or use of a building, structure, lot, parcel, or premises which is
in an unsanitary, objectionable, or unsightly condition or injurious to public health, which is
detrimental to the property of others, or which causes, or tends to cause diminution in the value
of other property in the neighborhood in which such premises is located.
Inoperable Motor Vehicle – any motorized vehicle incapable of immediately being driven and
not properly licensed or inspected for safety in accordance with state law. A car, truck, bus, or
van that cannot be started and moved under its own power. A vehicle that is not currently
licensed, including a recreational vehicle or trailer, which is designed for travel on the public
roads, is also an inoperable vehicle.
Junk – all worn out, worthless or discarded material, including, but not limited to, any of the
following materials, or parts of said materials or any combination thereof; new or used iron, steel
or nonferrous metallic scrap, brass or waste materials; used and/or inoperative household
appliances, household electrical or plumbing fixtures, floor coverings and/or window coverings
not currently in use; used lumber, brick, cement block, wire, tubing and pipe, drums, barrels,
and/or roofing material not currently in use; air conditioning and heating equipment not currently
in use; used vehicle components and parts not currently in use; used furniture other than that
designated for outdoor use; used and/or inoperative lawn care equipment and machinery not
currently in use; pallets, windows or doors not currently in use; new or used sheet metal,
structural steel and/or chain not currently in use; used and/or inoperable vending machines,
radios and/or televisions not currently in use; and any other type of used and/or inoperable
machinery not currently in use. Discarded bottles or cans. Any other building materials or
debris.
Junk Vehicle – is a vehicle that is self-propelled and;
a) Does not have lawfully attached to it an unexpired license plate and a valid motor
vehicle inspection certificate Does not have lawfully affixed to it both an
unexpired license plate and a valid motor vehicle safety inspection certificate
(Both a current registration and inspection sticker shall be affixed to the
windshield, if one of those is expired, the vehicle is in violation; or
b) Is wrecked, dismantled or partially dismantled, or discarded; or
c) Is inoperable and has remained inoperable for more than seventy-two (72)
consecutive hours if the vehicle is on public property or thirty (30) consecutive
days if the vehicle is on private property.
Lot or parcel – is defined and considered as having ordinary meaning but shall include, in
addition to the land within a lot or parcel boundary, all land adjacent to and extending beyond the
property line to the curb line of adjacent streets and, where no curb exists, to the existing street
surface. The word “lot” or “parcel” shall also include all land lying between the property line of
any lot or parcel and the center of adjacent easements.
Motor vehicle – a vehicle that is subject to registration under Chapter 501 of the Texas
Transportation Code, as amended from time to time.
Nuisance Ordinance -9-
Motor vehicle collector – a person who:
a) Owns one or more Antique Vehicle or Special Interest Vehicle; and
b) Acquires, collects, or disposes of an Antique Vehicle or Special Interest Vehicle
for personal use to restore and preserve an Antique Vehicle or Special Interest
Vehicle for historic interest.
Nuisance – any condition, object, material or matter that is dangerous or detrimental to human
life or health; or that renders the ground, the water, the air or food a hazard or likely to cause
injury to human life or health; or that is offensive to the senses; or that threatens to become
detrimental to the public health; and shall include, but is not limited to: any abandoned wells,
abandoned household appliances, stagnant or unwholesome water, rubbish, junk, trash, debris or
refuse, impure or unwholesome matter of any kind, any objectionable, unsightly or unsanitary
matter of whatever nature.
Noise nuisance – any unreasonably loud, disturbing noise which causes material distress,
discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof and is
hereby declared to be a nuisance.
Owner – any person, agent, operator, firm or corporation having a legal or equitable interest in
the property in question; or recorded in the official records of the state, county or municipality as
holding title to such property; or otherwise having control of such property, including the
guardian of the estate of any such person, and the executor or administrator of the estate of such
person if ordered to take possession of real property by a court.
Person – as used in this Chapter shall be construed to impart the singular and plural as the case
demands, and shall include corporations, companies, societies and associations.
Right-of-way – a public or private area that allows for the passage of people or goods. Right-of-
way includes passageways such as freeways, streets, bike paths, alleys, and walkways. In
addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and
drainage facilities, and may include special features such as landscaped areas.
Rubbish – miscellaneous waste materials resulting from housekeeping, mercantile enterprises,
trades, manufacturing, and offices, including other waste matter, such as slag, stone, broken
concrete, fly ashes, ashes, tin cans, glass, scrap metal, rubber, paper, rags, chemicals, or similar
or related combinations thereof.
Special Interest Vehicle – is a motor vehicle of any age which has not been altered or modified
from the original manufacturer’s specifications and, because of its historic interest, is being
preserved by a hobbyist.
Structure – that which is built or constructed on any property within the City.
Tenant – a person, corporation, partnership or group, whether or not the legal owner of record,
occupying a building or portion thereof as a unit.
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ARTICLE III. NOISE.
Section 54-14. Certain Acts Declared to be Noise Nuisances.
The following acts, among others, are declared to be nuisances in violation of this
Article, but said enumerations shall not be deemed to be exclusive:
a) The playing of any radio, tape recorder, cassette player, compact disk player,
DVD player, MP3 player, any digital device or any similar device or any musical
instrument in such a manner or with such volume, particularly during the hours
between 10:00 pm and 7:00 am, as to disturb the quiet, comfort or repose of
persons of ordinary sensibilities in any dwelling, hotel or other type of residence.
b) The use of any stationary loudspeaker or amplifier to such intensity that disturbs
persons of ordinary sensibilities in the immediate vicinity thereof; the use of any
stationary loudspeaker or amplifier operated on any day between the hours of
10:00 pm and 7:00 am.
c) The keeping of any animal or bird which by causing frequent or long-continued
noise shall disturb the comfort and repose of any person of ordinary sensibilities
in the immediate vicinity.
d) The continued or frequent sounding of any horn or signal device on any
automobile, motorcycle, bus, or other vehicle except as a danger or warning
signal; the creation by means of any such said device of any unreasonable loud or
harsh noise for any unreasonable period of time.
e) The running of any automobile, motorcycle, or vehicle so out of repair, so loud or
in such manner as to create loud or grating, grinding, jarring, or rattling noise or
vibration.
f) The discharge into the open air of the exhaust of any steam engine, stationary
internal combustion engine, motor vehicle or boat engine except through a
muffler or other device which will effectively prevent loud or explosive noises
wherefrom.
g) The use of any mechanical device operated by compressed air, unless the noise to
be created is effectively muffled and reduced.
h) Commercial contractors are prohibited from the erection, including excavation,
demolition, alteration or repair work on any building or structure other than
between the hours of 7:00 am and 6:00 pm, on weekdays and 9:00 am to 5:00 pm
on Saturdays. Commercial contractors are prohibited from site work preparation
on unoccupied structures on Sundays. An exception can be made in case of urgent
necessity in the interest of public safety and convenience, and then only by
written permit from the City Manager or his/her designee, which permit may be
renewed by the City Manager or his/her designee, during the time the emergency
exists. All special requests must be submitted in writing.
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i) The creation of any excessive noise on any street adjacent to any school or
institution of learning while in session or adjacent to any hospital which interferes
with the working of such institutions, providing conspicuous signs are displayed
in such manner indicating that the same is a school or hospital street.
j) The creation of any loud and excessive noise in connection with the loading or
unloading of any vehicle or the opening and destruction of bales, boxes, crates
and containers.
k) The raucous shouting and crying of peddlers, hawkers and vendors, which disturb
the peace and quiet of the neighborhood.
l) The use of any drum, loudspeaker or other instrument or device for the purpose of
attracting attention by the creation of noise to any performance, show or sale of
merchandise.
ARTICLE IV. ABANDONED HOUSEHOLD APPLIANCES.
Section 54-15. Abandoned Large Household Appliances.
It shall be unlawful for any person to cause or permit to be or remain upon any premises
under his control in a public or semi-public area that might be accessible to children, any large
appliance (freezer, refrigerator, stove, dishwasher, clothes washer, clothes dryer and other similar
appliances).
Section 54-16. Responsibility of Owner or Person in Control.
a) The owner or person in control of any large home appliance on any such property
as described in Sec. 54-15 shall not permit same to be discarded, abandoned, or
stored as to create a public nuisance of safety hazards.
ARTICLE V. PROPERTY MAINTENANCE REQUIREMENTS
Section 54-17. International Building Code Adopted.
The International Building Code, 2006 edition, as amended. Revised and corrected,
including all future editions, revisions, amendments and corrections, published by the
International Code Council (ICC), one copy of which is on file with the City Secretary, is hereby
adopted and incorporated by reference as the Building Code of the City, subject to and including
by reference such amendments as herein shall appear.
Section 54-18.Unsafe Structures and Equipment.
a) Unsafe Structure – An unsafe structure is one that is found to be dangerous to the
life, health, property or safety of the public or the occupants of the structure by
not providing minimum safeguards to protect or warn occupants in the event of
fire, or because such structure contains unsafe equipment or is so damaged,
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decayed, dilapidated, structurally unsafe or of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
b) Unsafe Equipment – Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable liquid
containers or other equipment on the premises or within the structure which is in
such disrepair or condition that such equipment is a hazard to life, health, property
or safety of the public or occupants of the premises or structure.
c) Structure Unfit for Human Occupancy – A structure is unfit for human occupancy
whenever the Code Official finds that such structure is unsafe, unlawful or
because of the degree to which the structure is in disrepair or lacks maintenance,
is unsanitary, vermin or rat infested, contains filth or other contamination, or lacks
ventilation, illumination, sanitary or heating facilities, or lacks current water or
electric utilities, or other essential equipment required by this Article, or because
the location of this structure constitutes a hazard to the occupants of the structure
or to the public.
d) Unlawful Structure – An unlawful structure is one found in whole or in part to be
occupied by more persons than permitted under this Article, or which was erected,
altered or occupied contrary to law.
e) Closing of Vacant Structure – If the structure is vacant and unfit for human
habitation and occupancy, and is not in danger of structural collapse, the Code
Official is authorized to post a placard of condemnation on the premises and order
the structure closed up so as not to be an attractive nuisance. Upon failure of the
owner to close up the premises within the time specified in the order, the Code
Official shall cause the premises to be closed and secured through any available
public agency or by contract or arrangement by private persons, and the cost
thereof shall be charged against the real estate upon which the structure is located
and shall be a lien upon such real estate and may be collected by any legal
resources.
Section 54-19.Emergency Measures.
When, in the opinion of the Code Official, there is imminent danger of failure or collapse
of a building or structure which endangers life, or when any structure or part of a structure has
fallen and life is endangered by the occupation of the structure, or when there is actual or
potential danger to the building occupants or those in the proximity of any structure because of
explosives, explosive fumes or vapors or the presence of toxic fumes, gases, or materials, or
operation of defective or dangerous equipment, the Code Official is authorized and empowered
to order and require the occupants to vacate the premises forthwith. The Code Official shall
cause to be posted at each entrance to such structure a notice reading as follows: “This structure
is unsafe, and its occupancy has been prohibited by the City of Schertz Code Official”. It
shall be unlawful for any person to enter such structure except for the purpose of securing the
structure, making the required repairs, removing the hazardous condition or of demolishing the
same.
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Section 54-20.Demolition.
a) General – The Code Official shall order the owner of any premises upon which is
located any structure, which in the Code Official’s judgment is so old,
dilapidated, or has become so out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human habitation or occupancy, such that it is unreasonable
to repair the structure, and to demolish and remove such structure; or if such
structure is capable of being made safe by repairs, to repair and make safe and
sanitary or to demolish and remove at the owner’s option; or where there has been
a cessation of normal construction of any structure for a period of more than two
years, to demolish and remove such structure.
b) Failure to Comply – If the owner of a premises fails to comply with a demolition
order within the time prescribed, the Code Official shall cause the structure to be
demolished and removed, either through an available public agency or by contract
or arrangement with private persons, and the cost of such demolition and removal
shall be charged against the real estate upon which the structure is located and
shall be a lien upon such real estate.
c) Salvage Material – When any structure has been ordered demolished and
removed, the City or other designated officer under said contract or arrangement
aforesaid shall have the right to sell the salvage and valuable materials at the
highest price reasonably obtainable. The net proceeds of such sale, after deducting
the expenses of such demolition and removal, shall be promptly remitted with a
report of such sale or transaction, including the items of expense and the amounts
deducted, to the person who is entitled thereto, subject to any order of a court. If
such a surplus does not remain to be turned over, the report shall so state.
d) Means of Appeal – Any person directly affected by a decision of the Code
Official or a notice or order issued under this Chapter shall have the right to
appeal to a Board of Appeals Adjustment, provided that a written application for
appeal is filed within 20 days after the day the decision, notice or order was
served by the Code Official. An application for appeal shall be based on a claim
that the true intent of this Code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this Chapter do not fully apply, or the
requirements of this Chapter are adequately satisfied by other means, or that the
strict application of any requirement of this Chapter would cause an undue
hardship.
1) The City Manager will select a Board of Appeals Adjustment that shall
consist of three members. The members will be selected from the Board of
Adjustments and the Planning and Zoning Commission.
Membership. The Board of Adjustment shall have the duties and purposes
as set out in Chapter 54, Subchapter C of the Local Government Code in
addition to serving as the board of adjustment and appeals. The Board of
Adjustment shall consist of five (5) members who shall be appointed by
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the City Council. Each member of the Board of Adjustment shall be
appointed for a term of two (2) years. All cases before the Board of
Adjustment must be heard by at least four (4) of the five (5) members of
the Board. The City Council may provide for the appointment of alternate
Board members to serve in the absence of one (1) or more regular
members. Alternate members shall be appointed for the same period of
time as a regular member. The Code Official shall be an ex-officio
member but shall have no vote on any matter before the Board.
2) All hearings before the Board shall be open to the public. The appellant,
the appellant’s representative, the Code Official and any person whose
interests are affected shall be given an opportunity to be heard. City
representative. The City Marshal or his/her designee shall present all
cases on behalf of the City before the Board.
3) The Board shall modify or reverse the decision of the Code Official only
by a concurring vote of a majority of the total number of appointed Board
members. Meetings. Board of Adjustment, by majority vote, shall adopt
rules to govern its proceedings. All meetings of the Board shall be
conducted in accordance with the Open Meetings Act. Meetings of the
Board of Adjustment shall be held at the call of the Chair and at other
times as determined by the Board of Adjustment.
4) The Code Official shall take immediate action in accordance with the
decision of the Board. Minutes. The Board of Adjustment shall keep
minutes if its proceedings showing the vote of each member on each
question or the fact that a member is absent or fails to vote. The Board
shall keep records of its examinations and other official actions.
5) The Board may hear and determine cases of alleged violation of
ordinances relating to:
(a) the preservation of public safety, or any of the materials or methods
used to construct a building or improvements, including the
foundation, structural elements, electrical wiring or apparatus,
plumbing and fixtures, entrances, or exits. (LGC 54.032(1);
(b) the fire safety of a building or improvements, including provisions
relating to materials, types of construction or design, warning devices,
sprinklers or other fire suppression devices, availability of water
supply for extinguishing fires, or location, design, or width of
entrances or exits. LGC 54.032(2);
(c) dangerously damaged or deteriorated buildings or improvements. LGC
54.032(3);
(d) accumulation of refuse, vegetation, or other matter that creates
breeding and living places for insects and rodents. LGC 54.032(4); or
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(e) a building code or to the condition, use, or appearance of property in a
municipality. LGC 54.032(5).
6) The Board may:
(a) order the repair, within a fixed period, of buildings found to be in
violation of this article;
(b) declare a building substandard in accordance with the powers granted
in this article;
(c) order, in an appropriate case, the immediate removal of persons or
property found on private property, enter on private property to secure
the removal if it is determined that conditions exist on the property that
constitute a violation of this article, and order action to be taken as
necessary to remedy, alleviate, or remove any substandard building
found to exist;
(d) determine the amount and duration of any civil penalty assessed
against the property owner.
7) Notice of violation. Whenever it is determined that there are reasonable
grounds to believe that there has been a violation of any provision of this
article or of any rule or regulation adopted pursuant thereto, notice of such
alleged violation shall be given to the owner, lienholder, or mortgagee and
such alleged violations shall constitute a nuisance.
(a) The notice shall contain:
1) the date, time, and location of the hearing before the Board of
Adjustment; and
2) a statement that the owner, lienholder, or mortgagee will be
required to submit proof, at the hearing, of any work that may be
required to comply with the ordinance and the time it will take to
reasonably perform the work.
(b) Prior to conducting the hearing before the Board of Adjustments
the City will make an effort to locate each lienholder and
mortgagee having an interest in the building or in the property on
which the building is located and give them notice of and an
opportunity to comment at the hearing.
(c) The City may file notice of the hearing in the official public
records of real property in Comal, Bexar, or Guadalupe County.
8) Hearing. The Board of Adjustment may require the owner, lienholder, or
mortgagee of the building to, within 30 days, secure the building from
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unauthorized entry or to repair, remove, or demolish the building,
whichever is applicable, unless the owner or lienholder establishes at the
hearing that the work cannot reasonably be performed within 30 days. The
City will furnish a copy of the order to any lienholders or mortgagees in
the event the owner fails to timely take the ordered action.
(a) The Board of Adjustment may allow the owner, lienholder, or
mortgagee more than 30 days to repair, remove or demolish the
building. If the Board allows the owner, lienholder, or mortgagee
more than 30 days to repair, remove or demolish the building, the
Board shall establish specific time schedules, as determined by the
Board in consultation with the Director of Planning or his/her
designee, for the commencement and performance of the work and
shall require the owner, lienholder, or mortgagee to secure the
property in a reasonable manner from unauthorized entry while the
work is being performed. The City will furnish a copy of the order
to any lienholders or mortgagees in the event the owner fails to
timely take the ordered action.
(b) The Board of Adjustment may not allow the owner, lienholder, or
mortgagee more than 90 days to repair, remove, or demolish the
building or to fully perform all work required to comply with the
order unless at the hearing the owner, lienholder, or mortgagee
submits a detailed plan and time schedule for the work at the
hearing and establishes at the hearing that the work cannot
reasonable be completed within 90 days because of the scope and
complexity of the work.
(c) If the Board of Adjustment allows the owner, lienholder, or
mortgagee more than 90 days to complete any part of the work
required to repair, remove, or demolish the building, the Board
shall require the owner, lienholder, or mortgagee to regularly
submit progress reports to the City Building Official to
demonstrate that the owner, lienholder, or mortgagee has complied
with the time schedules established for commencement and
performance of the work. The City will furnish a copy of the order
to any lienholders or mortgagees in the event the owner fails to
timely take the ordered action.
9) Notice of Board Hearing. On or before the 10th day before the date fixed
for a hearing before a panel, LGC 54.035(b) requires that a notice stating
the date, time, and place of the hearing be given as follows:
(a) by personal delivery or by certified mail, return receipt requested,
or by delivery by the Unites States Postal Service using signature
confirmation service, to the record owners of the affected property,
each holder of a recorded lien against the affected property, as
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shown by the records in the office of the County Clerk of the
county in which the affected property is located if the address of
the lienholder can be ascertained from the deed of trust
establishing the lien and/or other applicable instruments on file in
the office of the County Clerk, LGC 54.035(a); and
(b) to all unknown owners, by posting a copy of the notice on the front
door of each improvement situated on the affected property or as
close to the front door as practicable, LGC 54.035(a); and
(c) by publishing the notice in a newspaper of general circulation in
the municipality on a least one occasion on or before the 10th day
before the 10th before the date fixed for the hearing. LGC
54.035(b).
Section 54-21.General Responsibilities.
a) Scope – The provisions of this Article V shall govern the minimum conditions
and the responsibilities of persons for maintenance of structures, equipment, and
exterior property.
b) Responsibility – The owner of the premises shall maintain the structures and
exterior property in compliance with these requirements, except as otherwise
provided for in this Article V. A person shall not occupy as owner-occupant or
permit another person to occupy premises which are not in a sanitary and safe
condition and which do not comply with the requirements of this Article V.
Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible
for keeping in a clean, sanitary and safe condition that part of the dwelling unit,
rooming unit, housekeeping unit or premises which they occupy and control.
c) Maintenance – All vacant structures and premises thereof or vacant land shall be
maintained in a clean, safe, secure and sanitary condition as provided herein so as
not to cause a blighting problem or adversely affect the public health and safety.
Section 54-22. Exterior Property Areas; Nuisance Upon Premises.
a) No person owning, leasing, occupying or having charge of any premises shall
maintain or keep any nuisance thereon, nor shall any such person keep or
maintain such premises in a manner causing diminution in the value of the other
property in the neighborhood in which such premises are located.
b) It shall be unlawful for any person to permit or allow the keeping or the
depositing on, or the scattering over the premises of any of the following:
1) Lumber, junk, trash, debris, brush, garbage or animal, vegetable or mineral
matter and/or any composition of residue thereof;
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2) Abandoned, discarded or unused objects or equipment such as furniture,
stoves, refrigerators, freezers or other appliances and including empty and
discarded cans or containers, inoperable motor vehicles, car parts, tires
and structurally unsound fences.
3) Any sign, notice, pole, post, basketball goal, and any other obstruction
placed or painted upon any sidewalk, street or in any public right-of-way
within the corporate limits of the City.
4) Excessive growth of weeds or other vegetation that exceeds eight inches
(8”) in height or is allowed to remain upon premises so as to become a
breeding place for flies, or insects or become offensive so as to emit foul
or noxious odors; excluding trees, fruits, vegetables, farm crops, bushes,
garden beds, compost, flowers or other ornamental plants.
5) The accumulation of stagnant water permitted to remain thereon. Watering
beyond an individual’s property, or in a manner or amount which
encroaches on a neighbor’s property resulting in standing or stagnant
water is prohibited.
6) Inadequate or unsanitary sewage or plumbing facilities, contrary to public
health, safety or welfare.
7) It shall be unlawful and declared a nuisance for any person to dump, or
permit to be dumped, upon or along any drain, gutter, alley, easement,
sidewalk, street, right-of-way or vacant lot into or adjacent to water or any
other public or private property within the corporate limits of the City, any
unwholesome water, refuse, rubbish, trash, debris, weeds, brush, tree
cuttings, junk, garbage, impure or unwholesome matter of any kind or
other objectionable or unsightly matter of whatever kind.
c) In other areas of the City, that portion of any lot or parcel of land within fifty feet
(50’) of any open street or road or which is within seventy-five feet (75’) of any
building shall be kept completely free and clear of excessive growth of weeds and
vegetation that exceed eight inches (8”) in height. Abandoned and discarded
equipment and rubbish and stagnant water are also prohibited.
d) It shall be unlawful for any person owning, leasing, occupying or having charge
of any premises to permit the overhanging or protrusions of trees, brush and
shrubs over streets, sidewalk, alleys and easements.
1) Minimum clearance from street surface shall be fifteen feet (15’).
2) Minimum clearance in easements and alleys shall be fifteen feet (15’) in
height from entire width of easement.
3) Minimum clearance over sidewalks shall be eight feet (8’).
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e) All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall
be kept in a proper state of repair, and maintained free from hazardous conditions.
f) All structures and exterior property shall be kept free from rodent harborage and
infestation. Where rodents are found, they shall be promptly exterminated by
approved processes, which will not be injurious to human health. After
extermination, proper precautions shall be taken to eliminate rodent harborage
and prevent re-infestation.
g) All accessory structures, including detached garages, fences and walls, shall be
maintained structurally sound and in good repair.
h) No person shall willingly or wantonly damage, mutilate or deface any exterior
surface of any structure or building on any private or public property by placing
thereon any marking, carving or graffiti. It shall be the responsibility of the owner
to restore said surface to an approved state of maintenance and repair.
i) Composting – Nothing in this section shall prohibit the composting of organic
waste or land application of composted organic waste. All compost piles shall be
maintained using the following approved composting standards:
(1) All compost piles shall be maintained so as to prevent the harborage of
rodents and pests. The presence of rodents in or near a compost pile shall
cause the City to issue a compliant.
(2) All compost piles shall be maintained so as to prevent unpleasant, rotten
egg-like, putrefactive, sweet, sour or pungent odors.
(3) No compost pile shall be located less than three (3) feet from the rear or
side property line or within twenty (20) feet of any home, patio, pool or
similar structure on the adjacent property.
(4) Compost piles shall not be located in the front or side yard; alleyways or
easements.
(5) Compost piles shall contain no more than a total of five (5) cubic yards of
end product on-site at any one time. Anyone requesting an increase in size
limitations must submit a request (in writing) and demonstrate that the
acreage is sufficiently sized and properly situated to handle the increase.
(6) No compost pile shall be located where it will impede the natural free flow
of storm water drainage.
(7) Any vegetables, fruits, egg shells, fruit peels, rinds and hair must be
composted in such a way that these materials are buried in the center of
the pile at all times and so that none of these materials are exposed or
visible.
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(8) Compost piles established in accordance with this Article are for private
use only. There shall not be commercial provision of material to be
composted or commercial use of the product of such composting.
(9) Every owner or operator shall be responsible for maintaining all property
under his/her control in accordance with these requirements.
(10) Compost piles may contain the following permitted ingredients:
• Yard waste, including leaves, sod and grass clippings;
• Untreated wood, wood chips and sawdust;
• Paper and straw;
• Empty egg shells;
• Coffee grounds and tea leaves;
• Vegetables, fruits and their remains (peels and rinds);
• Dryer lint and hair;
• Aquatic weeds;
• Evergreen needles;
• Organic garden waste;
• Commercial compost additives.
No compost pile shall contain any of the following:
• Animal carcasses, fish, fowl, meat or other animal products;
• Manure or animal feces of any kind;
• Used litter box remains;
• Milk, cheese, sour cream or other dairy products;
• Lard, oils, or oil-based foods;
• Mayonnaise or salad dressing;
• Peanut butter;
• Whole grains (rice, wheat, barley, etc.);
• Items not normally composted;
• Plants that are diseased;
• Items not biodegradable.
Section 54-23.Swimming Pools, Spas and Hot Tubs.
a) Swimming pools, spas and hot tubs shall be maintained in a clean and sanitary
condition, and in good repair.
b) Private swimming pools, spas and hot tubs containing water more than twenty-
four inches (24”) in depth shall be completely surrounded by a fence or barrier at
least forty-eight inches (48”) in height above the finished ground level measured
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on the side of the barrier away from the pool. Gates and doors in such barriers
shall be self-closing and self-latching. Where the self-latching device is less than
fifty-four inches (54”) above the bottom of the gate, the release mechanism shall
be located on the poolside of the gate. Self-closing and self-latching gates shall be
maintained such that the gate will positively close and latch when released from
an open position of six inches (6”) from the gatepost. No existing pool enclosure
shall be removed, replaced or changed in a manner that reduces its effectiveness
as a safety barrier.
c) Swimming pools, spas and hot tubs may be drained only and after the water has
been effectively dechlorinated (pH is between 6.5-8.5). This can be accomplished
by allowing the sun to dissipate the chlorine or by utilization of chemical
dechlorination additives. Discharging of water can be accomplished by draining
onto a pervious surface that will not flow or pond on neighboring properties.
Allow sufficient area to prevent ponding and to prevent nuisance conditions such
as mosquito breeding.
Section 54-24.Parking Prohibited on Front and Side Yards.
a) It shall be unlawful for a person to park or allow to remain parked a motor
vehicle, construction vehicle, boat, personal water craft or trailer of any kind
(except those defined in subparagraph b) at any time in the side or front yard in
any single-family residential zoned district, unless parked on a well maintained
parking area extending from the curb, street or alley and constructed of concrete
or asphalt; and
b) When recreational vehicles allowed. It shall be unlawful to place, park, or
maintain any recreation vehicle, as defined herein, on any public street in the City
for a period in excess of seventy-two (72) hours. Recreational vehicles shall be
allowed on a lot, tract or parcel of land in the City under the following conditions:
(1) Front and side yards. A recreational vehicle may be parked in the driveway in
front or side yard building line provided that the vehicle must be parked on the
property; i.e., it may not overhang the property line or sidewalk.
(2) Behind the front or exterior side yard building line. A recreational vehicle
may be parked behind the front exterior side yard building line provided,
however, that it may not be parked in an interior side yard within five (5) feet
of any main building.
c) Occupancy prohibited. Recreational vehicles shall not be occupied while in the
City and shall not be connected to public or private utilities except when located
in an approved recreational or mobile home park.
d) For purposes of this section 54.23(b), “recreational vehicle” means a bus
conversion, Class “A” camper, Class “C” camper, travel trailer, fifth wheel trailer,
or pop-up camper.
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(c)
Subparagraph (b) shall not apply to any recreational vehicle that, as of January
1, 2009, had regularly parked on a well maintained concrete or asphalt parking
area in a manner that is otherwise prohibited by subparagraph (b) if, no later
than May 1, 2009, the owner of the recreational vehicle applied to the city
marshal's department for a permit hereunder. The application for such permit
shall require the applicant to provide information acceptable to the code official
that establishes that the recreational vehicle and its parking area qualify under
the first sentence of this subsection; that confirms that the applicant is the
owner of the vehicle identification number; and that clearly describes the
location of the recreational vehicle parking area. There shall be no charge for
such permit. Any permit issued hereunder shall be clearly displayed in the
windshield of the recreational vehicle when the recreational vehicle is parked
on the property. Such permit shall expire on the earliest to occur of the
following:
(1)
The recreational vehicle is sold, otherwise disposed of, or destroyed or
substantially damaged;
(2)
The owner of the property (if the owner of the recreational vehicle)
sells or otherwise disposed of the property;
(3)
If the property is leased, the lease terminates; or
(4)
The recreational vehicle parking area is not well maintained (as
determined by the code official) or the parking area is removed by the
property owner or tenant.
The provisions of this subparagraph shall not exempt the recreational vehicle, its
owner, or the property on which it is parked from any law or other regulation
other than subsection (b) above.
Section 54-25. Exterior Structure.
a) General – The exterior of a structure shall be maintained in good repair,
structurally sound and sanitary so as not to pose a threat to public, health, safety
or welfare.
b) Protective Treatment – All exterior surfaces, including but not limited to, doors,
door and window frames, cornices, porches, trim, balconies, decks, and fences
shall be maintained in good condition. Exterior wood surfaces, other than decay
resistant woods, shall be protected from the elements and decay by painting or
other protective covering or treatment. Peeling, flaking and chipped paint shall be
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eliminated and surfaces repainted. All siding and masonry joints as well as those
between the building envelope and the perimeter of windows, doors, and skylights
shall be maintained weather resistant and watertight. All metal surfaces subject to
rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces
with rust or corrosion shall be stabilized and coated to inhibit future rust and
corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces
designed for stabilization by oxidation are exempt from this requirement.
c) Premises Identification – Buildings shall have approved address numbers placed
in a position to be plainly legible and visible from the street or road fronting the
property. These numbers shall contrast with their background. Address numbers
shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four
inches (4”) high with a minimum stroke width of one-half inch (1/2”).
d) Structural Members – All structural members shall be maintained free from
deterioration, and shall be capable of safely supporting the imposed dead and live
loads.
e) Foundation Walls – All foundation walls shall be maintained plumb and free from
open cracks and breaks and shall be kept in such condition so as to prevent the
entry of rodents and other pests.
f) Exterior Walls – All exterior walls shall be free from holes, breaks, and loose or
rotting materials and shall be maintained weatherproof and properly surface
coated where required to prevent deterioration.
g) Roofs and Drainage – The roof and flashing shall be sound, tight and not have
defects that admit rain. Roof drainage shall be adequate to prevent dampness or
deterioration in the walls or interior portion of the structure. Roof drains, gutters
and downspouts shall be maintained in good repair and free from obstructions.
Roof water shall not be discharged in a manner that creates a public nuisance.
h) Decorative Features – All cornices, belt courses, corbels, terra cotta trim, wall
facings and similar decorative features shall be maintained in good repair with
proper anchorage and in a safe condition.
i) Overhang Extensions – All overhang extensions including, but not limited to
canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust
ducts shall be maintained in good repair and be properly anchored so as to be kept
in a sound condition. When required, all exposed surfaces of metal or wood shall
be protected from the elements and against decay or rust by periodic application
of weather-coating materials, such as paint or similar surface treatment.
j) Stairways, Decks, Porches and Balconies – Every exterior stairway, deck, porch,
and balcony, and all appurtenances attached thereto, shall be maintained
structurally sound, in good repair, with proper anchorage and capable of
supporting the imposed loads.
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k) Chimneys and Towers – All chimneys, cooling towers, smoke stacks, and similar
appurtenances shall be maintained structurally safe and sound, and in good repair.
All exposed surfaces of metal or wood shall be protected from the elements and
against decay or rust by periodic application of weather-coating materials, such as
paint or similar surface treatment.
l) Handrails and Guards – Every handrail and guard shall be firmly fastened and
capable of supporting normally imposed loads and shall be maintained in good
condition.
m) Window, Skylight and Door Frames – Every window, skylight, door and frame
shall be kept in sound condition, good repair and weather tight. All glazing (glass)
materials shall be maintained free from cracks and holes. Every window, other
than a fixed window, shall be easily operable and capable of being held in
position by window hardware.
n) Insect Screens – Every door, window and other outside opening required for
ventilation of habitable rooms, food preparation areas, food service areas or any
areas where products to be included or utilized in food for human consumption
are processed, manufactured, packaged or stored shall be supplied with approved
tightly fitting screens of not less than 16 mesh per inch and every screen door
used for insect control shall have a self-closing device in good working condition.
o) Doors – Doors providing access to a dwelling unit, rooming unit or housekeeping
unit that is rented, leased or let shall be equipped with a deadbolt lock designed to
be readily operable from the side from which egress is to be made without the
need for keys, special knowledge or effort and shall have a lock throw of not less
than one inch (1”). Such deadbolt locks shall be installed according to
manufacturer’s specifications and maintained in good working order. For the
purpose of this section, a sliding bolt shall not be considered an acceptable
deadbolt lock.
p) Windows – Operable windows located in whole or in part within six feet (6’)
above ground level or a walking surface below that provide access to a dwelling
unit, rooming unit, or housekeeping unit that is rented, leased, or let shall be
equipped with a window sash locking device.
q) Garage Doors – Shall be capable of being closed reasonably plumb, properly
attached and the exterior surface maintained weatherproof as required to prevent
deterioration.
Section 54-26. Interior Structure.
a) Maintenance – The interior of a structure and equipment therein shall be
maintained in good repair, structurally sound and in a sanitary condition.
Occupants shall keep that part of the structure, which they occupy or control, in a
clean and sanitary condition. Every owner of a structure containing a rooming
house, housekeeping units, a hotel, a dormitory, two or more dwelling units or
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two or more nonresidential occupancies, shall maintain, in a clean and sanitary
condition, the shared or public areas of the structure and exterior property.
b) Structural Members – All structural members shall be maintained structurally
sound, and be capable of supporting the imposed loads.
c) Interior Surfaces – All interior surfaces, including windows and doors, shall be
maintained in good, clean and sanitary condition. Peeling, chipping, flaking or
abraded paint shall be repaired, removed or covered. Cracked or loose plaster,
decayed wood and other defective surface conditions shall be corrected.
d) Stairs and Walking Surfaces – Every stair, ramp, landing, balcony, porch, deck or
other walking surface shall be maintained in sound condition and good repair.
e) Handrails and Guards – Every handrail and guard shall be firmly fastened and
capable of supporting normally imposed loads and shall be maintained in good
condition.
f) Interior Doors – Every interior door shall fit reasonably well within its frame and
shall be capable of being opened and closed by being properly and securely
attached to jambs, headers or tracks as intended by the manufacturer of the
attachment hardware.
Section 54-27. Handrails and Guardrails.
Every exterior and interior flight of stairs having more than three (3) risers shall have a
handrail on one side of the stair and every open portion of a stair, landing, balcony, porch deck,
ramp, or other walking surface, which is more than thirty inches (30”) above the floor or grade
below, shall have a guards. Handrails shall not be less than thirty inches (30”) high or more than
forty-two inches (42”) high measured vertically above the nosing of the tread or above the
finished floor of the landing or walking surface. Guards shall not be less than thirty inches (30”)
high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
Section 54-28. Rubbish and Garbage.
a) Accumulation of Rubbish or Garbage – All exterior property and premises, and
the interior of every structure, shall be free from any accumulation of rubbish or
garbage.
b) Disposal of Rubbish – Every occupant of a structure shall dispose of all rubbish in
a clean and sanitary manner by placing such rubbish in approved containers. The
owner of every occupied premise shall supply approved covered containers for
rubbish, and the owner of the premises shall be responsible for the removal of
rubbish. Dumping, pushing, sweeping or blowing of yard waste into City streets
or right-of-ways is also prohibited.
c) Refrigerators – Storing refrigerators and similar equipment not in operation on the
exterior areas of the property is prohibited. The only exceptions shall be if the
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doors or any self-latching devices are removed and the equipment is going to be
discarded during the City fall and spring cleanup or immediately taken to an
approved dumpsite.
d) Disposal of Garbage – Every occupant of a structure shall dispose of garbage in a
clean and sanitary manner by placing such garbage in an approved garbage
disposal facility or approved garbage containers.
e) Containers – The operator of every establishment producing garbage shall
provide, and at all times cause to be utilized, approved leak proof containers
provided with close-fitting covers for the storage of such materials until removed
from the premises for disposal.
f) Time of Disposal – No trash or garbage containers will be placed on the curb line
earlier than twenty-four (24) hours prior to the time of the collection or left no
later than twenty-four (24) hours after the time of collection.
Section 54-29. Texas Litter Abatement Act Adopted.
To prevent illegal dumping within the City, and to eliminate and abate the health and
safety hazards associated with and attributable to such illegal dumping, the City of Schertz
hereby adopts Chapter 365, the Texas Litter Abatement Act, of the Texas Health and Safety
Code, as amended from time to time, in its entirety herein, and it shall serve as the City’s
ordinance for illegal dumping.
Section 54-30. Extermination.
a) Infestation – All structures shall be kept free from insect and rodent infestation.
All structures in which insects or rodents are found shall be promptly
exterminated by approved processes that will not be injurious to human health.
After extermination, proper precautions shall be taken to prevent re-infestation.
Where the infestations are caused by defects in the structure, the owner shall be
responsible for extermination.
b) Owner – The owner of any structure shall be responsible for extermination within
the structure prior to renting or leasing the structure.
c) Single Occupancy Structures – The occupant of a one-family dwelling or of a
single tenant nonresidential structure shall be responsible for extermination on the
premises.
d) Multiple Occupancy Structures – The owner of a structure containing two or more
dwelling units, a multiple occupancy, a rooming house or a nonresidential
structure shall be responsible for extermination in the public or shared areas of the
structure and exterior property. If infestation is caused by failure of an occupant to
prevent such infestation in the area occupied, the occupant shall be responsible for
extermination.
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e) Occupant – The occupant of any structure shall be responsible for the continued
rodent and pest-free condition of the structure.
Section 54-31. Light, Ventilation and Occupancy Limitations.
a) Responsibility – The owner of the structure shall provide and maintain light,
ventilation and space conditions in compliance with this Article V. A person shall
not occupy as owner-occupant, or permit another person to occupy, any premises
that do not comply with the requirements of this Article V.
b) Habitable Spaces – Every habitable space shall have at least one window of
approved size facing directly to the outdoors or to a court. The minimum total
glazed area for every habitable space shall be eight percent (8%) of the floor area
of such room. Wherever walls or other portions of the structure face a window of
any room and such obstructions are located less than three feet (3’) from the
window and extend to a level above that of the ceiling of the room, such window
shall not be deemed to face directly to the outdoors nor to a court and shall not be
included as contributing to the required minimum total window area for the room.
Exception: Where natural light for rooms or spaces without exterior glazing areas
is provided through an adjoining room, the unobstructed opening to the adjoining
room shall be at least eight percent (8%) of the floor area of the interior room or
space, but not less than twenty-five (25) square feet. The exterior glazing area
shall be based on the total floor area being served.
c) Common Halls and Stairways – Every common hall and stairway in residential
occupancies, other than in one-and-two family dwellings, shall be lighted at all
times with at least a 60 watt standard incandescent light bulb for each 200 square
feet of floor area or equivalent illumination, provided that the spacing between
lights shall not be greater than thirty feet (30’). In other than residential
occupancies, means of egress, including exterior means of egress, stairways shall
be illuminated at all times the building space served by the means of egress is
occupied with a minimum of one (1) foot-candle at floors, landings and treads.
d) Other Spaces – All other spaces shall be provided with natural or artificial light
sufficient to permit the maintenance of sanitary conditions, and the safe
occupancy of the space and utilization of the appliances, equipment and fixtures.
e) Habitable Spaces – Every habitable space shall have at least one openable
window. The total openable area of the window in every room shall be equal to at
least forty-five percent (45%) of the minimum glazed area required in
Section 54-29(b). Exception: Where rooms and spaces without openings to the
outdoors are ventilated through an adjoining room, the unobstructed opening to
the adjoining room shall be at least eight percent (8%) of the floor area of the
interior room or space, but not less than twenty-five (25) square feet. The
ventilation openings to the outdoors shall be based on the total floor area being
ventilated.
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f) Bathrooms and Toilet Rooms – Every bathroom and toilet room shall comply
with the ventilation requirements for habitable spaces in Section 54-29(e), except
that a window shall not be required in such spaces equipped with a mechanical
ventilation system. Air exhausted by a mechanical ventilation system from a
bathroom or toilet room shall discharge to the outdoors and shall not be
recalculated.
g) Cooking Facilities – Unless approved through the certificate of occupancy,
cooking shall not be permitted in rooming unit or dormitory unit, and a cooking
facility or appliance shall not be permitted to be present in the rooming unit or
dormitory unit. Exceptions:
1) Where specifically approved in writing by the Code Official.
2) Devices such as coffee pots and microwave ovens shall not be considered
cooking appliances.
h) Process Ventilation – Where injurious, toxic, irritating or noxious fumes, gases,
dusts, or mists are generated, a local exhaust ventilation system shall be provided
to remove the contaminating agent at the source. Air shall be exhausted to the
exterior and not be recalculated re-circulated to any space.
i) Clothes Dryer Exhaust – Clothes dryer exhaust systems shall be independent of
all other systems and shall be exhausted in accordance with the manufacturer’s
instructions.
j) Privacy – Dwelling units, hotel units, housekeeping units, rooming units and
dormitory units shall be arranged to provide privacy and be separate from other
adjoining spaces.
k) Minimum Room Widths – A habitable room, other than a kitchen, shall be not
less than seven feet (7’) in any plan dimension. Kitchens shall have a clear
passageway of not less than three feet (3’) between counter fronts and appliances
or counter fronts and walls.
l) Minimum Ceiling Heights – Habitable spaces, hallways, corridors, laundry areas,
bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling
height of not less than seven feet (7’). Exceptions:
1) In one-and-two family dwellings, beams and girders spaced not less than
four feet (4’) on center and projecting not more than six inches (6”) below
the required ceiling height.
2) Basement rooms in one-and-two family dwellings occupied exclusively
for laundry, study or recreation purposes, having a ceiling height of not
less than six feet eight inches (6’8”) with not less than six feet four inches
(6’4”) of clear height under beams, girders, ducts, and similar
obstructions.
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3) Rooms occupied exclusively for sleeping, study or similar purposes and
having a sloped ceiling over all or part of the room, with a clear ceiling
height of at least seven feet (7’) over not less than one-third of the required
minimum floor area. In calculating the floor area of such rooms, only
those portions of the floor area with a clear ceiling height of five feet (5’)
or more shall be included.
m) Living and Bedroom Area – Every living room shall contain at least 120 square
feet and every bedroom shall contain at least seventy (70) square feet.
n) Access from Bedrooms – Bedrooms shall not constitute the only means of access
to other bedrooms or habitable spaces and shall not serve as the only means of
egress from other habitable spaces.
o) Water Closet Accessibility – Every bedroom shall have access to at least one
water closet and one lavatory without passing through another bedroom. Every
bedroom in a dwelling unit shall have access to at least one water closet and
lavatory located in the same story as the bedroom.
p) Prohibited Occupancy – Kitchens and non-habitable spaces shall not be used for
sleeping purposes.
q) Efficiency Unit – Nothing in this Article V shall prohibit an efficiency living unit
from meeting the following requirements:
1) A unit occupied by not more than two occupants shall have a clear floor
area of not less than 220 square feet. A unit occupied by three occupants
shall have a clear floor area of not less than 320 square feet. These
required areas shall be exclusive of the areas required by items 2) and 3)
below.
2) The unit shall be provided with a kitchen sink, cooking appliances and
refrigeration facilities, each having a clear working space of not less than
thirty inches (30”) in front. Light and ventilation conforming to this
Article V shall be provided.
3) The unit shall be provided with a separate bathroom containing a water
closet, lavatory and bathtub or shower.
4) The maximum number of occupants shall be three.
r) Food Preparation – All spaces to be occupied for food preparation purposes shall
contain suitable space and equipment to store, prepare and serve foods in a
sanitary manner. There shall be adequate facilities and service for the sanitary
disposal of food wastes and refuses, including facilities for temporary storage.
Section 54-32. Plumbing Facilities and Fixture Requirements.
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a) Responsibility – The owner of the structure shall provide and maintain such
plumbing facilities and plumbing fixtures in compliance with these requirements.
A person shall not occupy as owner-occupant or permit another person to occupy
any structure premises, which does not comply with the requirements of this
Article V.
b) Dwelling Unit – Every dwelling unit shall contain its own bathtub or shower,
lavatory, water closet and kitchen sink which shall be maintained in a sanitary,
safe working condition. The lavatory shall be placed in the same room as the
water closet or located in close proximity to the door leading directly into the
room in which such water closet is located. A kitchen sink shall not be used as a
substitute for the required lavatory.
c) Rooming Houses - At least one water closet, lavatory and bathtub or shower shall
be supplied for each four rooming units.
d) Hotels – Where private water closets, lavatories and baths are not provided, one
water closet, one lavatory and one bathtub or shower having access from a public
hallway shall be provided for each four occupants.
e) Employees’ Facilities – A minimum of one water closet, one lavatory and one
drinking facility shall be available to employees. Drinking facilities shall be a
drinking fountain, water cooler, bottled water cooler or disposable cups next to a
sink or water dispenser. Drinking facilities shall not be located in toilet rooms or
bathrooms.
f) Toilet Room Privacy – Toilet rooms and bathrooms shall provide privacy and
shall not constitute the only passageway to a hall or other space, or to the exterior.
A door and interior locking device shall be provided for all common or shared
bathrooms and toilet rooms in a multiple dwelling.
g) Location – Toilet rooms and bathrooms serving hotel units, rooming units or
dormitory units or housekeeping units, shall have access by traversing not more
than one flight of stairs and shall have access from a common hall or passageway.
h) Location of Employee Toilet Facilities – Toilet facilities shall have access from
within the employees’ working area. The required toilet facilities shall be located
not more than one story above or below the employees’ working area and the path
of travel to such facilities shall not exceed a distance of 500 feet. Employee’s
facilities shall either be separate facilities or combined employee and public
facilities. Exception: Facilities that are required for employees in storage
structures or kiosk, which are located in adjacent structures under the same
ownership, lease or control, shall not exceed a travel distance of 500 feet from the
employees’ regular working area to the facilities.
i) Plumbing Systems and Fixtures – All plumbing fixtures shall be properly installed
and maintained in working order, and shall be kept free from obstructions, leaks
and defects and be capable of performing the function for which such plumbing
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fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary
and functional condition.
j) Plumbing System Hazards – Where it is found that a plumbing system in a
structure constitutes a hazard to the occupants or the structure by reason of
inadequate service, inadequate venting, cross connection, backsiphonage,
improper installation, deterioration or damage or for similar reasons, the Code
Official shall require the defects to be corrected to eliminate the hazard.
k) Water System in General – Every sink, lavatory, bathtub or shower, drinking
fountain, water closet or other plumbing fixture shall be properly connected to
either a public water system or to an approved private water system. All kitchen
sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with
hot or tempered and cold running water in accordance with the International
Plumbing Code.
l) Contamination – The water system shall be maintained free from contamination,
and all water inlets from plumbing fixtures shall be located above the flood level
rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs
or faucets to which hoses are attached and left in place shall be protected by an
approved atmospheric type vacuum breaker or an approved permanently attached
hose connection vacuum breaker.
m) Supply – The water supply system shall be installed and maintained to provide a
supply of water to plumbing fixtures, devices and appurtenances in sufficient
volume and to pressures adequate to enable the fixtures to function properly,
safely and free from defects and leaks.
n) Water Heating Facilities – Water heating facilities shall be properly installed,
maintained and capable of providing an adequate amount of water to be drawn at
every required sink, lavatory, bathtub, shower and laundry facility at a
temperature of not less than 110ºF. A gas-burning water heater shall not be
located in any bathroom, toilet room, bedroom or other occupied room normally
kept closed, unless adequate combustion air is provided. An approved
combination temperature and pressure relief valve and relief valve discharge pipe
shall be properly installed and maintained on water heaters.
o) Sanitary Drainage System – All plumbing fixtures shall be properly connected to
either a public sewer system or to an approved private sewage disposal system.
p) Maintenance – every plumbing stack, vent, waste and sewer line shall function
properly and be kept free from obstructions, leaks, and defects.
q) Storm Drainage – Drainage of roofs and paved areas, yards and courts and other
open areas on the premises shall not be discharged in a manner that creates a
public nuisance.
Section 54-33. Mechanical and Electrical Requirements.
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a) Responsibility – The owner of the structure shall provide and maintain
mechanical and electrical facilities and equipment in compliance with these
requirements. A person shall not occupy as owner-occupant or permit another
person to occupy any premises, which do not comply with the requirements of
this Article V.
b) Residential Occupancies – Dwellings shall be provided with heating facilities
capable of maintaining a room temperature of 68ºF in all habitable rooms,
bathrooms, and toilet rooms.
c) Occupiable Workspaces – Indoor Occupiable workspaces shall be supplied with
heat facilities capable of maintaining a room temperature of not less than 65ºF
during the time the space is occupied. Exceptions:
1) Processing, storage and operation areas that require cooling or special
temperature conditions.
2) Areas in which persons are primarily engaged in vigorous physical
activities.
d) Mechanical Equipment – All mechanical appliances, fireplaces, solid fuel-burning
appliances, cooking appliances and water heating appliances shall be properly
installed and maintained in a safe working condition and shall be capable of
performing the intended function.
e) Service – The size and usage of appliances and equipment shall serve as a basis
for determining the need for additional electrical supply in accordance with the
National Electric Code. Dwelling units shall be served by a three-wire, 120/240-
volt, single-phase electrical service having a rating of not less than 60 amperes.
f) Electrical Hazards – Where it is found that the electrical system in a structure
constitutes a hazard to the occupants or the structure by reason of inadequate
service, improper fusing, insufficient receptacle and lighting outlets, improper
wiring or installation, deterioration or damage, or for similar reasons, the Code
Official shall require the defects to be corrected to eliminate the hazard.
g) Receptacles – Every habitable space in a dwelling shall contain at least two
separate and remote receptacle outlets. Every laundry area shall contain at least
one grounded-type receptacle or a receptacle with a ground fault circuit
interrupter. Every bathroom shall contain at least one receptacle. Any new
bathroom receptacle outlet shall have ground fault circuit interrupter protection.
h) Elevators, Escalators and Dumbwaiters – Shall be maintained in compliance with
ASME A17.1. The most current certification of inspection shall be on display at
all times within the elevator or attached to the escalator or dumbwaiter, or the
certificate shall be available for public inspection and tests shall be performed at
not less than the periodical intervals listed in ASME A17.1, Appendix N.
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i) Operation – In buildings equipped with passenger elevators, at least one elevator
shall be maintained in operation at all times when the building is occupied.
Exception: Buildings equipped with only one elevator shall be permitted to have
the elevator temporarily out of service for testing or servicing.
ARTICLE VI. JUNK VEHICLES.
Section 54-34. Declaration of Junk Vehicles as Public Nuisance.
Junk Vehicles or parts thereof, that are located in a place where they are visible from a
public place or public right-of-way are detrimental to the safety and welfare of the general
public, tend to reduce the value of private property, invite vandalism, create a fire hazard,
constitute an attractive nuisance creating a hazard to the health and safety of minors, and are
detrimental to the economic welfare of the City by producing urban blight adverse to the
maintenance and continuing development of the City, and as such are declared to be a public
nuisance.
Section 54-34 – Enforcement
Person authorized under this division to administer the procedures set forth in this division may
enter public or private property for the purposes specified in this division to examine a vehicle or
vehicle part, obtain information as to the identity of the vehicle and remove or cause the removal
of a nuisance vehicle or vehicle part. (State law reference – Similar provisions, Vernon’s Ann.
Civ. St. art 4477-9a, §5.11.
Section 54-35 – Penalties.
(a) Any person, who maintains, allows causes or permits a nuisance vehicle on public or
private property commits a misdemeanor and upon conviction shall be subject to a
fine not to exceed $200.00. Each day a violation continues constitutes a separate
offense.
(b) Upon conviction, the court may order the removal and abatement of the nuisance
vehicle. (State law reference – Similar provisions, Vernon’s Ann. Civ. St. art. 4477-
9a, §508(c).
Section 54-36 – Junked vehicles declared public nuisance.
A junked vehicle that is located in a place where it is visible from a public place or public right-
of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of
private property, invites vandalism, creates fire hazards and constitutes an attractive nuisance
creating a hazard to the health and safety of minors and is detrimental to the economic welfare of
the City by producing urban blight adverse to the maintenance and continuing development of
the City and is a public nuisance. (State law reference – Similar provisions, Vernon’s Ann. Civ.
St. art. 4477-9a, §508.
Section 54-37 – Junked vehicles prohibited on public property.
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(a) It is unlawful for a person to cause or permit a junked vehicle or a part of a junked
vehicle to be placed or to remain on any public property or public right-of-way.
(b) A vehicle that remains in violation of this section for a period of more than 48 hours
constitutes an abandoned motor vehicle and may be dealt with under processes
defined by state law for removal of abandoned motor vehicles.
Section 54-38 – Nuisance vehicles prohibited on private property.
(a) It is unlawful for a person that owns or controls any real property to maintain, allow,
cause or permit a nuisance vehicle to be placed or to remain on the property.
(b) It is unlawful for a person to maintain, allow, cause or permit a nuisance vehicle to be
placed or to remain on real property without the permission of the owner of the
property.
Section 54-39 – Defenses to prosecution.
(a) The following are defenses to prosecution under section 54-38.
1) The vehicle or vehicle part is completely enclosed within a building and is
not visible from the street or other private or public property;
2) The vehicle or vehicle part is stored or parked on private property in
connection with the business of a licensed vehicle dealer or junkyard;
3) The vehicle is an unlicensed, operable or inoperable antique or special
interest vehicle stored by a collector on the collector’s property, if the
vehicle and outdoor storage area are maintained in a manner so that they
do not constitute a health hazard and are screened from ordinary public
view by means of a fence, trees, shrubbery or other appropriate means;
4) The vehicle is in an appropriate storage facility maintained by the City or
approved by the City.
(b) This section does not allow a person to leave a junked vehicle on private property
without the permission of the owner of the property.
Section 54-40 – Notice to abate nuisance vehicle.
(a) For nuisance vehicles on private property as described in section 54-38, the City
Marshal will give written notice by certified mail, five-day return requested, to the
last known registered owner of the vehicle, any lienholder of record and the owner or
occupant of the property on which the vehicle is located. If the post office address of
the owner is unknown, the notice may be placed on the vehicle or hand delivered to
the owner.
(b) The notice must state:
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1) The existence and nature of the nuisance;
2) That the nuisance must be abated within ten days after receipt of notice;
3) That a public hearing must be requested within the ten-day period or it
will be automatically waived; and
4) That if the nuisance is not removed and a hearing is not requested within
the ten-day period, the City will remove or cause the removal of the
nuisance vehicle.
(c) If any notice is returned undelivered, official action to abate the nuisance vehicle shall
be continued to a date not less than ten days after the date of return.
(d) For nuisance vehicles on public property as described in section 54-37 which are not
dealt with as abandoned motor vehicles, written notice shall be given as described in
subsection (a) of this section, except that notice must be mailed to the occupant of the
public premises and to the owner or occupant of the premises adjacent to the public
right-of-way. State law reference – Similar provisions, Vernon’s Ann. Civ. St. art.
4477-9a, §5.09(b).
Section 54-41 – Public hearing in municipal court.
(a) Upon the timely request for a hearing of any person to whom a notice was given
regarding a nuisance vehicle, a public hearing will be held before a municipal court
judge. Notice of the time, date and location of the hearing will be provided to each
person who submitted a timely request for a hearing.
(b) The issue at the hearing is whether the vehicle is a nuisance vehicle.
(c) At the hearing, unless proved otherwise, the vehicle is presumed to be inoperable.
(d) If the judge finds the vehicle to be a nuisance vehicle, the judge will order the vehicle
to be removed.
(e) Any order requiring the removal of a nuisance vehicle or vehicle part must include a
description of the vehicle and the vehicle identification number and license number, if
the information is available at the site. State law reference – Similar provisions,
Vernon’s Ann. Civ. St. art. 4477-9a, §509(e).
Section 54-42 – Removal of nuisance vehicle
The City may remove a nuisance vehicle at any time following a public hearing and order
of the judge or following the waiver of a hearing.
Section 54-43 – Disposal of nuisance vehicle
Nuisance Ordinance -36-
A nuisance vehicle or vehicle part will be disposed of by the City by removal to a scrap yard,
demolisher or any suitable site for processing as scrap or salvage, and any reconstruction or
work to make the vehicle operable after being removed is prohibited.
Section 54-44 – Notice to state.
The City Marshal will give notice to the state department of transportation of the removal
of a nuisance vehicle not later than five days after its removal. The notice will identify the
vehicle or vehicle part. State law reference – Similar provisions, Vernon’s Ann. Civ. St. art.
4477-9a, §509(f).
Section 54-35. Junk Vehicle Notice.
a) A notice of a Junk Vehicle violation must be personally delivered, or delivered by
certified mail with a five (5) day return requested, or delivered by the United
States Postal Service with signature confirmation service to:
1) The last known registered owner of the nuisance;
2) Each lien holder of record of the nuisance; and
3) (i) the owner or occupant of the property on which the nuisance is located;
or (ii) if the nuisance is located on a public right-of-way, the owner of the
property adjacent to the right-of-way.
b) If the post office address of the last known registered owner of the Junk Vehicle is
unknown, a notice may be placed on the Junk Vehicle, or if the owner is located,
it may be personally delivered.
c) If the notice is returned undelivered, action to abate the nuisance shall be
continued to a date not earlier than the tenth (10th) day after the date of the return.
d) This notice shall include:
1) A description of the vehicle or parts thereof;
2) The vehicle identification number if available; and
3) The license plate number if available.
e) The notice must state that:
1) The nuisance must be abated and removed no later than the tenth (10th)
day after the date on which the notice was personally delivered or mailed;
and
2) Any request for a hearing must be made before the ten (10) day period
expires.
Nuisance Ordinance -37-
Section 54-36. Exemptions.
The following shall not be abated under this Article VI:
1) A vehicle or vehicle parts that are completely enclosed within a building in a
lawful manner where are not visible from a right-of-way or other public or private
property.
2) A vehicle or vehicle parts that are stored or parked in a lawful manner on property
that is zoned and approved for automotive vehicle repair, if the vehicle or vehicle
parts and the outdoor storage area are maintained in a manner so that they do not
constitute a health or safety hazard.
3) A vehicle or vehicle parts covered by this Article stored by an owner on the
owner’s property, if the motor vehicle or parts and the outdoor storage area are
maintained in a manner so that they do not constitute a health hazard and are
screened from ordinary public view by means of a fence. Any variations from this
section must have the approval of City Council.
Section 54-37. Abatement of Junk Vehicles Declared a Public Nuisance.
Junk Vehicles, or parts thereof, are subject to being abated by the Code Official in
compliance with the notice requirements established in section 54-33.
Section 54-38. Disposal of Junk Vehicle.
Junk Vehicles and parts thereof may be disposed of by the Code Official by removal to a
scrap yard, a motor vehicle demolisher, or any suitable site to be processed as scrape or salvage
in the manner provided under Texas Transportation Code §683.078, as amended.
Section 54-39. Right to an Appeal.
Any person directly affected by a decision of the Code Official or a notice or order issued
under this section shall have the right to appeal to the City Manager or designated representative
provided that a written application for appeal is filed within ten (10) days after the day the
decision, notice or order was served.
Section 54-40. Conflict of Law.
The authority to take possession of Junk Vehicles and procedures relating thereto, as
adopted by the City under this Article VI, are to be construed in a manner consistent with the
general laws of the State of Texas. If the provisions or procedures adopted by the City should
conflict with the general laws of the State of Texas at any time, Texas general law shall prevail.”
* * *
Nusiance Ordinance.doc S-1
SECTION 2. SEVERABILITY.
If any provision of this Ordinance is illegal, invalid, or unenforceable under present or
future laws, then and in that event, the remainder of this Ordinance shall not be affected thereby.
SECTION 3. REPEALING CLAUSE.
All ordinances and codes, including Chapter 54 of the Code of Ordinances in effect prior
to the effective date of this Ordinance in conflict with the provisions of this Ordinance are hereby
repealed.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall be in force and effect from and after its final passage and any
publication required by law.
PASSED AND APPROVED on first reading the ______ day of _________, 2013.
PASSED AND FINALLY APPROVED on second and final reading the ____ day of
_________, 2013.
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
[CITY SEAL]
RESOLUTION NO. 13-R-47
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE REVISED BY-LAWS OF THE
SCHERTZ SWEETHEART ADVISORY GROUP, AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the
City approve the revised By-Laws of the Schertz Sweetheart Advisory Group; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
approve the revised By-Laws of the Schertz Sweetheart Advisory Group.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the revised By-Laws of the Schertz
Sweetheart Advisory Group.
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 11th day of June, 2013.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
City of Schertz Sweetheart Committee
Draft By-Laws
3 Sep 08
BY-LAWS OF THE CITY OF SCHERTZ SWEETHEART ADVISORY GROUP
WHEREAS, the City of Schertz, Texas (the "City") and Schertz City Council ("Council")
recognize the City of Schertz Sweetheart Advisory Group of the City as a valuable segment of the
City;
WHEREAS, the ideas and perspectives of the City of Schertz Sweetheart Advisory Group
will provide unique insight into future leaders for our community; and
WHEREAS, the Council created an Advisory Group to provide leadership to the City of
Schertz Sweetheart Court and to make recommendations to City Management and City Council
regarding activities of the Court;
NOW, THEREFORE, the City of Schertz Sweetheart Advisory Group hereby adopts the
following By-Laws:
ARTICLE I: Purpose
The purpose of the City of Schertz Sweetheart Advisory Group is to:
1. Plan and oversee all events and activities of the City of Schertz Sweetheart Court;
2. Provide a proposed detailed budget for the Council to review for the events to be d or
attended in the upcoming fiscal year.
ARTICLE II: Membership
Section 1: Membership Requirements:
The City of Schertz Sweetheart Advisory Group will act as an advisory group to the City
Manager and City Council. It shall consist of t h e f o l l o w i n g m e m b e r s w h o a t
t h e time of their
·appointment, and thereafter during their term shall:
1. Desire to contribute to accomplishments of the goals and objectives of the City of Schertz
Sweetheart Advisory Group; and
2. Are available and agree to participate in the City of Schertz Sweetheart Court events.
Section 2 Terms
The initial appointees shall serve a 1-year appointment.
City of Schertz Sweetheart Committee
Draft By-Laws
3 Sep 08
Advisory Group members' term shall run June 1 through May 31.
Members of the City of Schertz Sweetheart Advisory Group may be removed at any time,
with or without cause, by the City Council with a simple majority vote.
All vacancies shall be filled by a nomination and recommendation from the remaining
members of the City of Schertz Sweetheart Advisory Group to the City Council for final approval.
Section3: Duties
At least two (2) City of Schertz Sweetheart Advisory Group members shall oversee all
events and activities attended by the Schertz Sweetheart Court.
At least two (2) City of Schertz Sweetheart Advisory Group members shall oversee the
Scholarship/Community Service (3) projects of the Schertz Sweetheart Court program.
At least two (2) City e m p l o y e e s a n d o n e s t a f f m e m b e r a n d c h a i r shall
oversee the budget for the Schertz Sweetheart Court.
ARTICLE III: Meetings
Meetings/Workshop Sessions
Regular meetings/workshop sessions will be held once a quarter as called by the chair/staff
support. Special meetings may be held at the request of two (2) members of the Advisory Group.
Notification will be not less than seventy-two (72) hours to each member of the City of Schertz
Sweetheart Advisory Group.
Since the Advisory Group's role is purely advisory in nature, with its actions regarding the
commitment or utilization of City resources, money, or property being subject in all events to
approval by the City Council, the Advisory Group's meetings shall not be subject to the Texas
Open Meetings Act.
City of Schertz Sweetheart Committee
Draft By-Laws
3 Sep 08
ARTICLE IV: Amendments
These By-Laws may be altered, amended, or repealed, and new By-Laws may be adopted
on the recommendation of the City of Schertz Sweetheart Advisory Group with prior written or e -
mailed notice to the members, and provided that such alterations, amendments or repeals must be
approved by the Schertz City Council.
ARTICLE V: Adopted and Effective Date
The foregoing By-Laws were recommended by a ________ voteby the City of
Schertz Sweetheart Advisory Group on the____day of_ , 2013 and
forwarded to the Schertz City Council for approval.
Erin Matlock
The foregoing By-Laws were approved and adopted by the Schertz City Council and shall be effective on the _____ day of ______________, 2013.
ATTEST:
Brenda Dennis, City Secretary
City of Schertz Sweetheart Court
Advisory Committee By-Laws 2013
BY-LAWS OF THE CITY OF SCHERTZ SWEETHEART ADVISORY GROUP
WHEREAS, the City of Schertz, Texas (the "City") and Schertz City Council ("Council")
recognize the City of Schertz Sweetheart Advisory Group of the City as a valuable segment of the City;
WHEREAS, the ideas and perspectives of the City of Schertz Sweetheart Advisory Group will
provide unique insight into future leaders for our community; and
WHEREAS, the Council created an Advisory Group to provide leadership to the City of
Schertz Sweetheart Court and to make recommendations to City Management and City Council
regarding activities of the Court;
NOW, THEREFORE, the City of Schertz Sweetheart Advisory Group hereby adopts the
following By-Laws:
ARTICLE I: Purpose
The purpose of the City of Schertz Sweetheart Advisory Group is to:
1. Plan and oversee all events and activities of the City of Schertz Sweetheart Court;
2. Provide a proposed detailed budget for the Council to review for the events to be held or
attended in the upcoming fiscal year.
ARTICLE II: Membership
Section 1: Membership Requirements:
The City of Schertz Sweetheart Advisory Group will act as an advisory group to the City
Manager and City Council. It shall consist of the following members who at the time of their
appointment, and thereafter during their term shall:
1. Desire to contribute to accomplishments of the goals and objectives of the City of Schertz
Sweetheart Advisory Group; and
2. Are available and agree to participate in the City of Schertz Sweetheart Court events.
Section 2: Terms
The initial appointees shall serve a 1-year appointment. Advisory Group members' term shall run
June 1 through May 31.
Members of the City of Schertz Sweetheart Advisory Group may be removed at any time, with or
without cause, by the City Council with a simple majority vote.
All vacancies shall be filled by a nomination and recommendation from the remaining members of
the City of Schertz Sweetheart Advisory Group to the City Council for final approval.
Section 3: Duties
City of Schertz Sweetheart Court
Advisory Committee By-Laws 2013
At least two (2) City of Schertz Sweetheart Advisory Group members shall oversee all events and
activities attended by the Schertz Sweetheart Court.
At least two (2) City of Schertz Sweetheart Advisory Group members shall oversee the
Scholarship/Community Service (3) process for the Schertz Sweetheart Court.
At least two (2) City employees One Staff member and Chair shall oversee the budget for the Schertz
Sweetheart Court.
ARTICLE III: Meetings
Meetings/Workshop Sessions
Regular meetings/workshop sessions will be held once a quarter as called by the Chair/Staff Support.
Special meetings may be held at the request of two (2) members of the Advisory Group. Notification will
be not less than seventy-two (72) hours to each member of the City of Schertz Sweetheart Advisory Group.
Since the Advisory Group's role is purely advisory in nature, with its actions regarding the commitment
or utilization of City resources, money, or property being subject in all events to approval by the City Council,
the Advisory Group's meetings shall not be subject to the Texas Open Meetings Act.
ARTICLE IV: Amendments
These By-Laws may be altered, amended, or repealed, and new By-Laws may be adopted on the
recommendation of the City of Schertz Sweetheart Advisory Group with prior written or emailed notice to
the members, and provided that such alterations, amendments or repeals must be approved by the Schertz
City Council.
City of Schertz Sweetheart Committee
Draft By-Laws
3 Sep 08
City of Schertz Sweetheart Court
Advisory Committee By-Laws 2013
BY-LAWS OF THE CITY OF SCHERTZ SWEETHEART ADVISORY GROUP
WHEREAS, the City of Schertz, Texas (the "City") and Schertz City Council ("Council")
recognize the City of Schertz Sweetheart Advisory Group of the City as a valuable segment of the City;
WHEREAS, the ideas and perspectives of the City of Schertz Sweetheart Advisory Group will
provide unique insight into future leaders for our community; and
WHEREAS, the Council created an Advisory Group to provide leadership to the City of
Schertz Sweetheart Court and to make recommendations to City Management and City Council
regarding activities of the Court;
NOW, THEREFORE, the City of Schertz Sweetheart Advisory Group hereby adopts the
following By-Laws:
ARTICLE I: Purpose
The purpose of the City of Schertz Sweetheart Advisory Group is to:
1. Plan and oversee all events and activities of the City of Schertz Sweetheart Court;
2. Provide a proposed detailed budget for the Council to review for the events to be held or
attended in the upcoming fiscal year.
ARTICLE II: Membership
Section 1: Membership Requirements:
The City of Schertz Sweetheart Advisory Group will act as an advisory group to the City
Manager and City Council. It shall consist of the following members who at the time of their
appointment, and thereafter during their term shall:
1. Desire to contribute to accomplishments of the goals and objectives of the City of Schertz
Sweetheart Advisory Group; and
2. Are available and agree to participate in the City of Schertz Sweetheart Court events.
Section 2: Terms
The initial appointees shall serve a 1-year appointment. Advisory Group members' term shall run
June 1 through May 31.
Members of the City of Schertz Sweetheart Advisory Group may be removed at any time, with or
without cause, by the City Council with a simple majority vote.
All vacancies shall be filled by a nomination and recommendation from the remaining members of
the City of Schertz Sweetheart Advisory Group to the City Council for final approval.
Section 3 : Duties
City of Schertz Sweetheart Court
Advisory Committee By-Laws 2013
At least two (2) City of Schertz Sweetheart Advisory Group members shall oversee all events and
activities attended by the Schertz Sweetheart Court.
At least two (2) City of Schertz Sweetheart Advisory Group members shall oversee the
Scholarship/Community Service (3) process for the Schertz Sweetheart Court.
At least two (2) City employees One Staff member and Chair shall oversee the budget for the Schertz
Sweetheart Court.
ARTICLE III: Meetings
Meetings/Workshop Sessions
Regular meetings/workshop sessions will be held once a quarter as called by the Chair/Staff Support.
Special meetings may be held at the request of two (2) members of the Advisory Group. Notification will
be not less than seventy-two (72) hours to each member of the City of Schertz Sweetheart Advisory Group.
Since the Advisory Group's role is purely advisory in nature, with its actions regarding the commitment
or utilization of City resources, money, or property being subject in all events to approval by the City Council,
the Advisory Group's meetings shall not be subject to the Texas Open Meetings Act.
ARTICLE IV: Amendments
These By-Laws may be altered, amended, or repealed, and new By-Laws may be adopted on the
recommendation of the City of Schertz Sweetheart Advisory Group with prior written or emailed notice to
the members, and provided that such alterations, amendments or repeals must be approved by the Schertz
City C ouncil.
City of Schertz Sweetheart Committee
Draft By-Laws
3 Sep 08
Agenda No. 5
CITY COUNCIL MEMORANDUM
City Council Meeting: June 11, 2013
Department: Human Resources
Subject: Resolution No. 13-R-48 -
Amendment to City of Schertz
employee policies
BACKGROUND
The employee policy handbook was last updated in May, 2008. Many of the policies
contained within the policy handbook are now antiquated and/or out of compliance.
Staff has performed their due diligence in ensuring the proposed changes to personnel policy
are appropriate through the following process:
1. Benchmark best practices of other municipalities in the South-Central Texas Region.
2. Solicit input from key stakeholders and Subject Matter Experts (SME’s)
3. The development of an ad-hoc review committee consisting of individuals from various
departments to ensure the policies fit the unique needs, culture, and values of the City of
Schertz.
4. Vet policies through other review committees consisting of:
a. Administrative Assistants (Gatekeepers)
b. Department Heads
c. City Management
d. City Employment Attorney
e. City Council
Goal
To amend various policies contained within the employee policy handbook to provide clarity
of direction to city staff.
Community Benefit
These policy amendments provide greater clarity to supervisors and employees in
their capacity as public servants.
Summary of Recommended Action
Compensatory Time (Comp Time) Policy
• Clarifies who is eligible for compensatory time
• Establishes accrual schedules for non-exempt employees
• Solidifies how comp time is carried over
• Communicates appropriate usage of comp time
• Communicates appropriate payouts for comp time
FISCAL IMPACT
None
RECOMMENDATION
Approve recommendations from staff to implement proposed policy changes.
ATTACHMENT(S)
Current Policies to be replaced
Proposed policy changes
RESOLUTION NO. 13-R-48
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING CHANGES IN THE EMPLOYEE
COMPENSATORY TIME POLICY AS CONTAINED IN THE CITY OF
SCHERTZ EMPLOYEE POLICY HANDBOOK.
WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the
City review and approve the amendments to the proposed policies presented by city staff in
accordance with the City of Schertz Charter ; and
WHEREAS, the City Staff has identified areas of improvement within the current city
policies for the purpose of correction, compliance, and communication.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the approval of staff recommendations
to amend the current Compensatory Time Policy within the City of Schertz Employee Policy
Handbook.
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 11th day of June, 2013.
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Compensatory Time
PREPARED BY: Human Resources
APPROVED BY: City Council
DATE APPROVED: TBD
EFFECTIVE DATE: TBD
REPLACES VERSION: 4.1.6
Purpose
Compensatory time off (“comp time”) is paid time off that may be earned and accrued by
non-exempt employees in lieu of immediate cash payment for working overtime hours.
Policy
All regular full-time employees classified as non-exempt shall be paid at one and one-
half times their regular rate of pay, as defined under Fair Labor Standards Act (FLSA),
for hours worked in excess of their regular work weeks or regular work periods. Non-
exempt employees may, however, accrue compensatory time in lieu of overtime pay.
FLSA prohibits an employer from requiring an employee to accept comp time off for
overtime hours worked. An employer may grant comp time for overtime hours worked in
lieu of overtime pay upon employee agreement.
Applicability
All regular non-exempt full-time employees are eligible to accrue comp time. Exempt,
part-time, seasonal, and/or temporary employees are not eligible to accrue comp time.
Accruing Comp Time
When practical, overtime and comp time should be avoided but, if necessary, should be
scheduled by the appropriate supervisor. Employees must receive prior approval from
their supervisor prior to working over and beyond regular work schedules where comp
time or overtime would begin to accrue. Working unauthorized hours or overtime by
employees shall be considered grounds for disciplinary action.
Supervisors and employees should discuss whether overtime or compensatory time will
be accrued before any work is scheduled by the supervisor or performed by the
employee. Again, an employer may grant comp time for overtime hours worked in lieu of
overtime pay upon employee agreement.
Comp time will accrue for employees at a rate of one and one-half (1 ½) hours for every
hour worked in excess of the standard 40-hour work week. Employees who do not work a
standard 40-hour work week (i.e. Police, Fire, and EMS employees and who are covered
under 207(k) of the FLSA and applicable provisions of state law) will accrue comp time
based on FLSA standards for their work cycle.
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
The maximum accrual for comp time for employees is as follows:
Employees assigned to a standard 40-hour work week may accrue up to 40
hours at any given time.
Employees assigned to a 56-hour work week may accrue up to 36 hours at any
given time.
EMS employees on 24-hour shifts may accrue up to 72 hours at any given
time.
Employees who have reached their maximum comp time accruals will be paid for any
overtime worked in accordance with the Fair Labor Standards Act.
Carry Over of Comp Time
Comp time accruals may carry over into the beginning of each subsequent fiscal year for
employees. The maximum number of hours that may be carried over by employees is as
follows:
Employees assigned to a standard 40-hour work week may carry over up to 20
hours into the beginning of the subsequent fiscal year.
Employees assigned to a 56-hour work week may carry over up to 36 hours
into the beginning of each subsequent fiscal year.
EMS employees on 24-hour shifts may carry over up to 48 hours into the
beginning of each subsequent fiscal year.
Any comp time that an employee is unable to carry over into each subsequent fiscal year
will be paid at his/her regular rate of pay.
Usage of Comp Time
Comp time accrued and used by employees shall be recorded and then forwarded to
payroll where they will be maintained as official records. Comp time accrued in any
given pay period shall not be used during that same pay period.
Employees may take comp time off at the discretion of their direct supervisor. Comp time
off must not unduly disrupt departmental operations and must have prior supervisory
approval.
City policy requires all applicable leave to be exhausted prior to authorizing an unpaid
leave of absence for any employee. Therefore, comp time and vacation leave will
automatically substitute an insufficient balance of sick leave or other requested leave
according to the following schedule:
Vacation Comp Time
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Pay Outs for Comp Time
Employees will be paid for accumulated, unused comp time upon separation of
employment at their regular rate of pay, regardless of the reason for employment
separation.
If an employee is promoted from a non-exempt to an exempt position, any accrued,
unused comp time shall be paid out at the employee’s regular rate of pay for the position
held before the promotion.
Any time that an employee with accrued comp time accruals transfers to another
department, his/her hours accrued shall be cashed out at their current hourly rate of pay.
Workshop #1
CITY COUNCIL MEMORANDUM
City Council Meeting: June 11, 2013
Department: Development Services
Subject: Presentation/discussion and direction
regarding amendments to the Unified
Development Code (UDC) regarding
Landmark Property designations and
Historic Overlay Districts; survey results
of Coat of Arms Survey; and upcoming
Landmark Property Designations.
________________________________________________________________________
BACKGROUND
Staff has been working with the Schertz Historical Preservation Committee (SHPC) on
two potential changes to the UDC. The first is to change the name of the historic
landmark designation program to landmark property designation program. The second
change would amend the UDC to provide criteria for a historic overlay district.
Based on previous discussion with Council, staff created a short online survey to gauge
public opinion regarding a propose coat of arms.
Goal Preserve and recognize properties of historical importance to the Community.
Community Benefit - Continuity – from the Past to the Future – Preserve and enhance
the unique qualities in Schertz including its small town atmosphere, rich history and
culture.
Discussion
Proposed changes to the Unified Development Code (UDC)
Staff has been working with the Schertz Historical Preservation Committee (SHPC) on
two potential changes to the UDC. The first, which was mentioned by Chairman Dean
Weirtz, involves changes to Section 21.4.9 Designation of Historic landmarks, Creation
of Historic Districts and Certificates of Appropriateness. The City Council has been
designating Historic Landmarks based on the recommendation of the SHPC for some
time. The program was intended to recognize structures important the community’s past,
but was not intended to trigger any additional regulations. Chapter 442 of the
Government Code/Section 315.006 of the Texas Local Government Code (see attached)
does impose additional regulations on structures and properties designated as historic by
a local government. This was not the intent of the City of Schertz designation.
As such, it is recommended that the UDC be amended to alter the title of the designation
to landmark property with the stipulation that the property is not to be considered a
“historic structure or property” per section 315 of the Texas Local Government Code.
Staff supports this amendment to the UDC. The draft proposed amendment is attached as
section 21.4.9.
The second change being proposed by the SHPC is to amend a number of sections of the
UDC to add provisions for a historic overlay district. The changes include criteria for
establishing the historic overlay district on properties as well as restrictions on alterations
to structures/property without first obtaining a certificate of appropriateness. Under the
proposed change, the SHPC shall review and approve or deny requests for certificates of
appropriateness. If they deny a request, the applicant may appeal to City Council. To be
clear, the changes being proposed at this time are to establish the regulations necessary to
create a historic overlay district, not to actually zone any property as such at this time.
The majority of the changes are to section 21.5.12 Historic Overlay District, but also
include changes to sections 21.5.9 and Article 16 Definitions.
The SHPC feels that having regulations for a historic overlay district is consistent with
their mission and critical to preserving historic properties in the City of Schertz. Staff has
some concerns creating the overlay district regulations at this time. While the changes do
not actually designate property, doing so in the future which will impose additional
restrictions on altering structures can be a contentious issue, especially among long time
homeowners who feel the City is overstepping their authority. Staff also feels additional
training is necessary for staff, commission members and the community to fully
understand the basis for considering alterations to historic structures.
Coat of Arms Survey
The Schertz Historical Preservation Commission worked to develop a draft Coat of Arms
that was presented previously to the City (see attached). Staff conducted a web survey to
gauge public opinion with regard to the Coat of Arms (see attached). The majority of the
approximately 100 respondents like the Coat of Arms and did not feel any elements
needed to be added or eliminated. The most comment suggestion for changes seemed to
be that it was “too busy” and that items should be eliminated, but there was not an
overwhelming consensus as to what to eliminate. As such staff and the commission chair
feel the Coat of Arms should be adopted as proposed and utilized for ceremonial
purposes and will place an item on a future agenda to establish it as the City’s Coat of
Arms.
The Schertz Historical Preservation Committee is recommending two properties be
designated as Landmark Properties upon adoption of the amendment to UDC mentioned
above. The first is the property at 509 Main Street – One Main Plaza Building (see
attached). The second is the property at 511 Main Street – the former Schertz State Bank
Building (see attached).
Summary of Recommended Action Staff recommends no formal action at this time.
Based on the discussion and direction, staff will process ordinances/resolutions to make
the change to the UDC, adopt the Coat of Arms, and designate the two properties as
landmark properties.
ATTACHMENT(S): Local Government Code Section 315
Draft UDC Changes
Proposed Coat of Arms Summary
Coat of Arms Survey Responses
Landmark Designation Request 509 Main Street
Landmark Designation Request 511 Main Street
Workshop #2
CITY COUNCIL MEMORANDUM
City Council Meeting: June 11, 2013
Department: Marshal’s Services
Subject: Work Session Discussion regarding
54-22(b-3) Any sign, notice, pole, post,
Basketball goal, and any other obstruct-
tion placed or painted upon any sidewalk,
street, or any public right-of-way within
the corporate limits of the city.
________________________________________________________________________
Background
Recently, a complaint was received regarding a basketball goal in the street and kids playing in
the street. The caller said her house and vehicle had been hit by the basketball and she was tired
of hearing it. She had complained to the HOA, but was told to call the City for compliance. The
City’s property maintenance code includes a provision against placing things like basketball goals
in the right of way. Code Enforcement went to the site and spoke to the owner about the issue.
This had been and issue in the past and the City continued to receive complaints. The City sent a
Code Enforcement Officer out again who this time issued a citation to the parent.
The particular section of the ordinance that prohibits basketball goals in the right of way is a
community standard that can remain the same or be modified to better fit our current community
needs and desires. It is possible that this issue might be revisited in the future, as well. To a great
degree, it is important to find a balance of what works today and also anticipate what might be
important in the future in order to best serve our long term community needs.
Goal
To fairly enforce the ordinance and better serve the community.
Community Benefit
Ensure appropriate benefit and use of public streets while retaining the maximum degree of safety
to prevent injury to people and property; and prevent interference with traffic.
Discussion
There seem to be at least two parts to the discussion. First, what should the standard be for
allowing activity in the right of way. In this case, should we allow basketball goals in the street or
on the sidewalk if we know that will means kids will play basketball in the street. Second, in what
section of the Code of Ordinances should the regulations reside – property maintenance or traffic.
In order to put this issue into the full context, Council may wish to consider three separate
perspectives on the issue in trying to answer the two questions. The first perspective relates to
safety, the second perspective relates to nuisance, and the third perspective relates to citizen
enjoyment of their neighborhoods. Finding the right balance between these perspectives for our
community is the important.
First, the safety issues of playing in the street are self-evident yet all of us have at various times
played in the street where we perceived it was safe. Traffic safety concerns are not best placed in
the nuisance section of the Code of Ordinances, however. Such safety concerns are better placed
in the traffic section. In fact, there are several related standards currently in that section that
prohibit riding skateboards or walking/running in the middle of the street. These sections are
intended to address the issue of pedestrian safety.
Unfortunately many of us have been impacted by a child being hit by a car. Staff members have
been in other cities where children have been hit while playing in the street (one while
running/playing tag, the other while skateboarding) or family members who have been hit by
cars. Clearly, these types of activities should not be encouraged in roadways, especially where
traffic speeds increase. The consequences of learning these lessons are so high that it is better to
have a standard that allows a Police Officer to enforce the safety concern rather than waiting for
an accident to happen. As such we might not want to allow certain activities on streets that have
speed humps as they were placed there in an effort to address a speed issue.
Second, the “basketball goal” standard is found in the nuisance section of the Code of
Ordinances. This section contains both nuisance and protection of property value standards.
Preventing the blocking of a public street is a common nuisance standard. However, it is
uncommon to single out a specific item such as a basketball goal. Staff is not certain what the
community concerns were when basketball goals were specified in the nuisance ordinance.
Typically, the standard is written in a manner that allows the City Official to exercise judgment if
the obstruction of the right of way is a nuisance or not. However, since it is specifically called
out, it is difficult to not enforce, particularly when repeated complaints come in on the same
property, even after warnings have been issued.
There is an expectation that the City enforce the rules that we have in place, particularly if they
specifically relate to their area of concern. It is staff’s position that ordinances that we do not
intend to enforce should be removed from the Code of Ordinances.
Third, citizens should enjoy their neighborhoods, including activities in the public place in front
of their homes where they can enjoy the company of their neighbors. Additionally, citizens
should be respectful of their neighbor’s property and peaceful enjoyment of their private property.
Loau music that disturbs the peace is very different from the normal sounds of kids playing, for
example. As with many issues, it is easy to find the extremes of what is reasonable and
unreasonable. More difficult is finding the right balance in between these two extremes.
It is often true that a community’s standards can change as the size of the community changes.
In a small town of 10,000 a reasonable standard might be unreasonable in a large city over
100,000 in population. Additionally, the standards can be shaped by events (or the lack of
thereof) such as a pedestrian being hit by a car while playing in the street. As such, it is important
to temper our perspective recognizing that what seems clear today might appear significantly
different as we grow or if the community experiences a particular tragedy.
As such, the City seeking a positive solution that all sides find to be as reasonable as possible is
desirable. The test of this is often if the same standard could be applied in other neighborhoods
around the City, rather than focusing on the one area in question. Therefore, any decision by
Council should seek to look at the bigger picture of what our community’s standards are in
similar situations around the entire community, as well as what might hold true in the future.
Summary of Recommended Action Staff recommends no formal action at this time. After
Council has reviewed the ordinance and suggestions, staff would ask for any specific questions to
be submitted. If Council submits changes and is comfortable with the ordinance, staff will post on
a future agenda for action.
Fiscal Impact None
ATTACHMENT(S): Definition of “Public highway” according to Tx. Transportation Code
Penal Code 42.03 - Obstructing highway or other passageway
Warning letters and Pictures
Copy of City of Schertz Ordinance Sec. 54-22
Workshop #3
CITY COUNCIL MEMORANDUM
City Council Meeting: June 11, 2013
Department: Public Works
Subject: Workshop #3 – Water/Wastewater Rate
Study
BACKGROUND
The City of Schertz requested Dan Jackson with Economists.com to review our water and sewer
rates and recommend a five-year rate schedule based on projected water and sewer projects and
maintenance expenses, including rate increases from CCMA, SSLGC, and CVLGC. Included in
this study was cost savings based on benefits of selling water to SAWS. Mr. Jackson briefed the
Council on April 16, 2013 regarding the City’s Water/Wastewater Rate Study. Council asked for
additional information and rate scenarios to be brought back in June.
Goals
To have a 5-year rate schedule that will result in a balanced budget with minimal increases as
allowed.
Community Benefit
Continued Superior Water Service with scheduled incremental increases in water and wastewater
rates to avoid sudden large rate increases.
FISCAL IMPACT
Continued collection of water rates with scheduled rate increases.
RECOMMENDATION
Staff recommends Council approve the 5-year Water/Wastewater Rate Schedule as presented by
Dan Jackson, Economists.com and add the new rates to the FY 2013-14 Fee Schedule.
ATTACHMENT
Presentation – Water/Wastewater Rate Study
Page: 1
Water/Wastewater Rate Study
And Long-Term Financial Plan
Council Presentation
City of Schertz
June 2013
Facts about Water and Wastewater Rates
in the 21st Century
Page: 2
Average utility has been increasing rates 5-
6% per year
AWWA has stated that it expects water and
ww rates across the USA to triple in the
next 15 years
Many reasons for rate increases are
beyond a City’s ability to influence
Cities that jointly share facilities can have
lower unit costs
Conclusion: higher rates are an unfortunate
but inevitable fact of life in USA
City of Schertz
Current Water Rates –Inside City
Page: 3
1I -- 5/8 Inch 18.94$ - 6,000 2.34$
2I -- I 3/4 Inch 28.41 6,001 9,000 2.37
3I -- 1 Inch 47.35 9,001 12,000 2.58
4 I -- 1 1/2 Inch 94.70 12,001 15,000 2.78
5I -- 2 Inch Compnd 151.52 15,001 18,000 2.94
6 I -- 2 Inch Turbine 189.40 18,001 24,000 3.70
7 I -- 3 Inch Compnd 303.04 24,001 45,000 4.21
8 I -- 3 Inch Turbine 454.56 45,001 60,000 4.48
9 I -- 4 Inch Compnd 473.50 60,001 75,000 4.64
10I -- 4 Inch Turbine 795.48 75,001 Above 4.74
11I -- 6 Inch Compnd 947.00
12I -- 6 Inch Turbine 1,742.48
FH -- Fire Hydrants 90.00
Mo n th l y Ch ar g e V o l u m e Ch ar g e Per 1,000 Gal l o n s
City of Schertz
Current Wastewater Rates
Page: 4
Commercial/
Residential Institutions
Ba se Charge 3.75$ 4.75$
Charge/1,000 Gal:
Line Ma intenance F ee 0.15 0.18
User Charg e -- CCMA 2.50 2.50
Total 1-12,000 2.65 2.68
Total 12,001-Above 2.84 2.87
Water/WW Rate Comparison
10,000 Gallons Water and 5,000 Gallons WW
Page: 5
$59.67
$36.84
$72.14
$124.36
$-
$20.00
$40.00
$60.00
$80.00
$100.00
$120.00
$140.00
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Source: Municipal Websites & 2012 TML Rate Survey
Historical and Forecast Accounts
Page: 6
12,718
15,553
6,000
8,000
10,000
12,000
14,000
16,000
18,000
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Total Usage (Gallons)
FY 2012
Page: 7
1I -- 5/8 Inch 2I -- I 3/4 Inch
3I -- 1 Inch
4I -- 1 1/2 Inch
5I,6I -- 2 Inch
7I,9I -- 3-4 Inch FH -- Fire
Hydrants
Outside
Total = 1,613,852,100
Cost of Service and Rate Forecast Primary
Assumptions
Most operating expenses increase 3.0% per year; some
increase at additional rates based on volume/customer
account increases
Water costs based on SSLGC 10 year forecast
CCMA WW costs assume significant increase in 2013 and
4-5% adjustments in subsequent years
Potential additional $10 million in debt issued for future
wastewater infrastructure improvements
After reviewing alternatives, Council and staff have
expressed clear preference for rate plan based on “status
quo” or existing design
Page: 8
Water Utility
Forecast Cost of Service
Page: 9
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
$9,000,000
$10,000,000
2013 2014 2015 2016 2017
Opera ng Expenses SSLGC Capital Outlays Debt Service
Wastewater Utility
Forecast Cost of Service
Page: 10
-
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
2013 2014 2015 2016 2017
Opera ng Expenses CCMA Capital Outlays Debt Service
Proposed Rate Plan
Page: 11
Current
WATER Rates
Base Charge
5/8"18.94$
3/4"28.41
1"47.35
V olume Charge -- 5/8 , 3/4 , 1"
- 6,000 2.34
6,001 9,000 2.37
9,001 12,000 2.58
12,001 15,000 2.78
15,001 18,000 2.94
18,001 30,000 3.70
30,001 45,000 4.21
45,001 60,000 4.48
60,001 75,000 4.64
75,001 Above 4.74
WASTEW ATER Rates
Residential
Ba se Charge 3.75$
Line Maintenance F ee 0.15
User Charge 2.50
Total Charge per 1,000 Gallons
- 12,000 2.65
12,001 Above 2.84
Effe ctive
O ct-13
19.32$
28.98
48.30
2.39
2.42
2.63
2.84
3.00
3.77
4.29
4.57
4.73
4.83
5.06$
0.20
2.78
2.98
3.83
Proposed Rate Plan
Page: 12
Current
WATER Rates
Base Charge
5/8"18.94$
3/4"28.41
1"47.35
V olume Charge -- 5/8 , 3/4 , 1"
- 6,000 2.34
6,001 9,000 2.37
9,001 12,000 2.58
12,001 15,000 2.78
15,001 18,000 2.94
18,001 30,000 3.70
30,001 45,000 4.21
45,001 60,000 4.48
60,001 75,000 4.64
75,001 Above 4.74
WASTEW ATER Rates
Residential
Ba se Charge 3.75$
Line Maintenance F ee 0.15
User Charge 2.50
Total Charge per 1,000 Gallons
- 12,000 2.65
12,001 Above 2.84
Effe ctive Effe ctive Effe ctive Effe ctive Effe ctive
O ct-13 O ct-14 O ct-15 O ct-16 O ct-17
19.32$ 19.71$ 19.90$ 20.10$ 20.30$
28.98 29.56 29.85 30.15 30.45
48.30 49.26 49.76 50.25 50.76
2.39 2.43 2.46 2.48 2.51
2.42 2.47 2.49 2.52 2.54
2.63 2.68 2.71 2.74 2.77
2.84 2.89 2.92 2.95 2.98
3.00 3.06 3.09 3.12 3.15
3.77 3.85 3.89 3.93 3.97
4.29 4.38 4.42 4.47 4.51
4.57 4.66 4.71 4.75 4.80
4.73 4.83 4.88 4.92 4.97
4.83 4.93 4.98 5.03 5.08
5.06$ 6.83$ 8.88$ 11 .55$ 12.71$
0.20 0.27 0.36 0.46 0.51
2.78 3.03 3.48 3.78 3.87
2.98 3.30 3.84 4.24 4.38
3.83 5.18 6.73 8.75 9.62
Impact on Monthly Water/WW Charges
Page: 13
Water WW Current
5/8 " Meter
5,000 5,000 47.64$
Inc
5/8 " Meter
10,000 5,000 59.67
Inc
1" Meter (B usiness)
30,000 30,000 226.37
Inc
Effe ctive Effe ctive Effe ctive Effe ctive Effe ctive
O ct-13 O ct-14 O ct-15 O ct-16 O ct-17
51.23$ 55.23$ 60.26$ 65.28$ 67.44$
3.59 4.00 5.03 5.02 2.16
63.50 67.75 72.90 78.05 80.34
3.83 4.25 5.15 5.15 2.29
252.99 286.47 325.33 372.01 392.59
26.62 33.49 38.86 46.68 20.58
Presentation Summary
Why Must City Adjust its Rates?
City has a superior quality water/wastewater system and a
healthy fund balance
These achievements were made possible by difficult decisions
City has made to ensure that its rates cover all costs
Water and wastewater costs are continuing to increase, many of
which for reasons beyond the City’s control
Without proposed adjustments, City’s fund balance and service
quality will rapidly deteriorate
Page: 14