The URL can be used to link to this page

07-01-2008 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 AGENDA TUESDAY, JULY 1, 2008 AT 6:30 P.M. CALL TO ORDER INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. REGULAR SESSION HEARING OF RESIDENTS This time is set-aside for any person who wishes to address the City Council. Each person should fill out the Speaker’s register prior to the meeting. Presentations should be limited to no more than 5 minutes. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. PRESENTATION • Sweetheart Court (Brittany Losey and Ashley Blumentritt) will present a slide show of their visit to Boysville. • Update on Schertz Fest by Brad Bailey. ANNOUNCEMENTS • General Announcements on meetings/events attended and upcoming events (Council) • General Announcements on meetings/events attended and upcoming events? (Mayor) REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular and Joint Worksession with Planning and Zoning on June 24, 2008. 2. Schertz Sequin Local Government Corporation (SSLGC) FY08/09 Annual Budget and SSLGC FY08/09 Water Rates – Consideration and/or action approving SSLGC Resolution R-08-02 and SSLGC Resolution R-08-03 for the SSLGC Annual Budget and Water Rates for FY08/09. (A. Cockerell) 7-1-08 Council Agenda 3. Resolution No. 08-R-33 – Consideration and/or action approving a Treated Wastewater Services Agreement with Guadalupe Blanco River Authority (GBRA) and Cibolo Creek Municipal Authority (CCMA). (D. Harris) 4. Ordinance No. 08-G-31 – Consideration and/or action approving Ordinance No. 08-G-31 setting the City Council compensation. First Reading (Mayor and Council) PUBLIC HEARINGS AND ORDINANCE APPROVAL 5. Ordinance No. 08-S-30-ZC 2008-005 Valvoline Subdivision – Consideration and/or action upon a request to rezone 1.38+/-acres of land out of the T. Herrera Survey No. 68, Abstract No. 153, City of Schertz, Guadalupe County, Texas being Lot 1, Block 1 of the Valvoline Subdivision and Lot 1, Block 1 of the FM-3009 Laserwash Subdivision from Office Professional District (OP) to General Business (GB) The property is on the west side of FM-3009 (Roy Richard Drive) located approximately 229 feet north of Savannah Drive. First Reading (T. Rhodes/M. Nichols) DISCUSSION AND POSSIBLE ACTION 6. Proposed Charter Amendments -Discussion and consideration and/or action directing staff to prepare an ordinance for a Joint Election on November 4, 2008 with the Counties of Guadalupe, Bexar and Comal for possible Charter Revision Propositions for the City of Schertz. (T. Wilenchik/M. Spain) ANNOUNCEMENTS – CITY MANAGER AND STAFF • General Announcements on meetings/events attended and upcoming events EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Section 551.074 – Deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the City Secretary. RECONVENE TO REGULAR SESSION 7. Take any action deemed necessary as a result of the Executive Session. ADJOURNMENT CERTIFICATION 7-1-08 City Council Agenda Page -2 - I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 26th DAY OF JUNE, 2008 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, TRMC, CMC CITY SECRETARY I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2008. ____________________________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 619-1030 at least 24 hours in advance of meeting. 7-1-08 City Council Agenda Page -3 - 7-1-08 City Council Agenda Page -4 -COUNCIL ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation Committee Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Mayor Pro-Tem Wilenchik Investment Advisory Committee Liaison -Schertz Chamber of Commerce Liaison -Board of Adjustments Audit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee AACOG Economic Development TML Board of Directors TML Municipal Revenue & Taxation Committee Councilmember Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation Advisory Board Interview Board for the Boards and Commissions Councilmember Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -50th Year Anniversary Committee Liaison -Schertz Youth Commission Liaison – TIRZ II Board Councilmember Scagliola Liaison -Transportation Safety Advisory Commission Liaison -Schertz Humane Society Alternate Interview Board for Boards and Commissions Liaison – Schertz Sweetheart Court Council Member Tem Trayhan Liaison -Schertz Housing Authority Audit Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: July 1, 2008 Department: Administration Subject: Minutes BACKGROUND On June 24, 2008 a Joint Worksession with the Planning & Zoning Commission was held at the Municipal Complex Council Chambers Conference Room at 5:30 p.m. and a Regular City Council Meeting was held at the Municipal Complex Council Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the June 24, 2008 minutes. ATTACHMENT Minutes 6/24/08 City Council Regular Meeting June 24, 2008 201 MINUTES REGULAR MEETING June 24, 2008 A Joint Worksession was held by the Schertz City Council and the Planning and Zoning Commission on June 24, 2008 at 5:30 in the Municipal Complex Council Chambers Conference Room and Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 24, at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present, to-wit: Mayor Hal Baldwin Mayor Pro-Tem Tony Wilenchik Council Member Jim Fowler Council Member David Scagliola Council Member John Trayhan Council Member Michael Carpenter Staff Present: Assistant City Manager John Bierschwale Assistant City Manager David Harris City Secretary Brenda Dennis Planning and Zoning Commissioners present: Robin Tutschke, Cedric Edwards, Gary Wallace, and Ken Greenwald Board of Adjustment Members present: Norman Slocum, Earl Hartzog, Donald McQueen, and Darlene Price CALL TO ORDER JOINT JOINT WORKSESSION Mayor Pro Tem Trayhan called to order the Joint Worksession at 5:30 p.m. and stated that Mayor Hal Baldwin was on his way. • Presentation and discussion by Mitchell Planning Group and the Planning & Zoning Commission regarding the draft Unified Development Code (UDC). (T. Rhodes) – A copy of the draft UDC is on the city’s website www.schertz.com – front page. Planning Manager Thomas Rhodes gave a brief power point presentation regarding the proposed draft UDC answering questions from Council, members of the Planning and Zoning Commission and Board of Adjustment. Mr. Rhodes stated that the first of several worksessions to discuss and review the revised City of Schertz UDC will take place on Wednesday, June 25, 2008. ADJOURNMENT Mayor Hal Baldwin adjourned the Joint Workession at 6:14 p.m. CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. City Council Regular Meeting June 24, 2008 202 INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Council Member Carpenter gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. 1. Oath of Office A. Mayor Pro-Tem – Consideration and/or action regarding the appointment of the Mayor Pro-Tem, term to expire December 1, 2008. Mayor Baldwin to administer oath (Council) Mayor Baldwin gave the Oath of Office to Mayor Pro-Tem Elect Wilenchik. HEARING OF RESIDENTS Mayor Baldwin recognized the following: • Ms. Frances Rushing, Schertz Chamber of Commerce President who reminded everyone of the upcoming monthly meeting set for June 27, 2008 at the Civic Center. Ms. Rushing also stated the Chamber and volunteers are planning the upcoming Jubilee celebration and that the first volunteer meeting is set for June 26, 2008 at 6 p.m. at Pickrell Park. She stated that the Grand Marshal for this year is the Honorable Mayor Baldwin and the Honorary Grand Marshal is Mr. Roy Richards. • Mr. Mark Williams, 1100 Sandy Ridge Circle who addressed the need for Lion’s Club Membership. • Ms. Rosemary Grayson, 5213 Cabana Drive who spoke on proposed charter changes. PRESENTATION 2. Sale of Bonds -Presentation and consideration and/or action regarding the sale of the next series of bonds for the Recreation Center and Streets. Discussion to include the total dollar amount of the sale and the timetable of the sale. (M. McLiney-Southwest Securities) Mayor Baldwin recognized Mark McLiney and Ryan Cunningham with Southwest Securities, who introduced this item answering questions from Council. Mr. McLiney stated that due to the growth of the taxable value within the City, it appears that all of the remaining bonds can be issued in 2008 with little tax rate impact as compared to the original plan. He stated that the issuance of all of the remaining bonds can be issued without affecting the current I&S Tax Rate and it remains in line with the finance plan plan originally approved by the Council. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Carpenter to authorize the sale of the next series of bonds for the Recreation Center and Streets in the amount of $5.5 Million for the Recreation Center and $11 Million for Streets, total $16.5 Million. Vote was unanimous. Motion Carried City Council Regular Meeting June 24, 2008 203 ANNOUNCEMENTS Council General Announcements/Events (Council): Mayor Pro-Tem Wilenchik • Reminded everyone of the Dave Ramsey Financial Course that will be starting Thursday, June 26, 2008. He also mentioned he recently attended the TML Board of Directors meeting Friday, June 20, 2008 in Rockport and most of discussion centered on property tax. He also brought back information on a class action suit involving 31 cities against companies like Expedia that are booking hotel rooms, paying for them then failing to pay the city tax portion. The information has been turned over to management and the City Attorney for recommendation to join this suit. Council Member Carpenter • None. Council Member Fowler • Thanked everyone for the opportunity of serving meals at the Schertz Employee Family Picnic that was held on Sunday, June 22, 2008, thought it was a great picnic and agreed with the sign that was displayed “Because of You Schertz is #1”. Council Member Scagliola • Mentioned that the Sweetheart Court has been invited to Lulings Watermelon Thump as well as to participate in the Luling parade. Council Member Trayhan • Mentioned he attended the Schertz Employee Family picnic on Sunday and that it was a great event. Council General Announcements/Events (Mayor): • Also mentioned he attended the Schertz Employee Family picnic on Sunday and stated that it was a great event. REGULAR AGENDA 3. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of June 17, 2008. Mayor Baldwin recognized Council Member Scagliola who moved, seconded by Council Member Fowler to approve the minutes of June 17, 2008 with corrections annotated. Vote was unanimous. Motion Carried 4. Resolution No. 08-R-32 – Consideration and/or action approving a resolution designating particular areas, dates and times for which alcoholic beverages may be brought into or removed from Pickrell Park and authorizing the extension of park hours, extension of noise City Council Regular Meeting June 24, 2008 204 hours and other motorized vehicles in particular park areas. (M. Spain) Michael Spain requested we place this back on this agenda. Mayor Baldwin introduced City Attorney Michael Spain who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Scagliola to approve Resolution No. 08-R-32. Vote was unanimous. Motion Carried DISCUSSION AND POSSIBLE ACTION 5. Ordinance No. 08-E-31 -Charter Election – Discussion and consideration and/or action regarding a Joint Election on November 4, 2008 with the Counties of Guadalupe, Bexar and Comal for possible Charter Revision Propositions for the City of Schertz. (T. Wilenchik/M. Spain) Mayor Baldwin recognized Mayor Pro-Tem Wilenchik and City Attorney Michael Spain who introduced this item answering questions from Council. After some discussion, Mayor Baldwin recognized Mayor Pro-Tem Wilenchik who moved, seconded by Council Member Trayhan to to postpone this item until the July 1, 2008 City Council meeting. Vote was unanimous. Motion Carried 6. Council Compensation – Discussion and consideration and/or action regarding the compensation analysis provided to Council by the HR Manager on 6-17-08. (J. Bierschwale) Mayor Baldwin recognized Human Resource Manager who introduced this item answering questions from Council. Council discussed this item in great detail expressing their opinions and views. City Attorney Michael Spain stated that under Section 4.04 of the City Charter states “that an increase in compensation shall not be effective for any member of the City Council during the term for which he or she was elected and the increase was approved.” After a few motions, which failed, Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Mayor Pro-Tem Wilenchik to direct staff to draft an ordinance setting the City Council compensation at $200.00 per month with a $150.00 per month car allowance and setting the Mayors compensation at $300.00 per month with a $250.00 a month car allowance and a provision in the ordinance that any Council Member may refuse compensation of any kind and all compensation both base and car allowance be indexed to inflation and conform to the City’s travel policy for those who have a car allowance The vote was 4-1-0 with Council Member Scagliola voting no. Motion Carried. ANNOUNCEMENTS – CITY MANAGER AND STAFF • General Announcements on meetings/events attended and upcoming events. City Council Regular Meeting June 24, 2008 205 Assistant City Manager Bierschwale announced that on Thursday, July 17, 2008 from 9:30 a.m. to 12:30 p.m., CPS Energy will be hosting a meeting to present the 2008 “Strategic Plan Update”. If any of the Council Members are interested please contact Brenda, David or John. Mr. Bierschwale stated that Mr. Taylor and David are out of town attending a TCMA meeting until Monday and he is available to be contacted. Mayor Baldwin recognized City Attorney Michael Spain who provided information to Council regarding the issue of improper use of fire works as well as burn ban issues and asked if Council wanted to request an item be placed on the next agenda for discussion. No direction given. Mayor Baldwin recessed the regular meeting to executive session at 8:00 p.m. EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Mayor Baldwin reconvened regular meeting at 8:46 p.m. 7. Take any additional action deemed necessary as a result of the Executive Session. No action taken. Mayor Baldwin stated that he had forgotten to announce under items by the Mayor that last Thursday, the Historical Preservation Commission had their first plaque unveiling at the old Randolph Real Estate office; it commemorates the building as a Historic Site and encouraged everyone to go by and look at it. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 8:48 p.m. ______________________________ Hal Baldwin, Mayor ATTEST: _____________________________________ Brenda Dennis, TRMC, CMC City Secretary Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: July 1, 2008 Department: Schertz-Seguin Local Government Corporation Subject: SSLGC FY 08/09 Annual Budget and FY 08/09 Water Rate Resolution approval BACKGROUND In accordance with the Schertz Sequin Local Government Corporation (SSLGC) Bylaws, it is necessary to adopt a budget for the fiscal year 2008. SSLGC provides water to several entities, expenses are incurred in providing the water and it is necessary to set water rates to be assessed for the provision of the water in order to cover. FISCAL IMPACT A proposed annual budget for the period commencing October 1, 2008, and ending September 30, 2009, has been prepared by the SSLGC Financial officer and City of Seguin Director of Finance and it is necessary to set water rates to be assessed for the provision of the water in order to cover expenses. The current rate is $2.18 per thousand, the proposed rate for FY 08/09 is $2.37 per thousand and the estimated rate from the Performa for FY09/10 is $2.64 per thousand which will pay for additional water leases in Guadalupe County and expand water wells and pumping equipment in Gonzales County. RECOMMENDATION Staff recommends Council approval. ATTACHMENTS Resolution SSLGC R08-02 and the budget for the fiscal year 2008-2009 for SSLGC (Exhibit A) Resolution SSLGC R08-03 and the water rate schedule for the fiscal year 2008-2009 for SSLGC (Exhibit A) Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: July 1, 2008 Department: City Manager Subject: Agreement with GBRA and CCMA BACKGROUND Staff recommends that the City enter into a Treated Wastewater Services Agreement with the Cibolo Creek Municipal Authority and the Guadalupe-Blanco River Authority (“GBRA”) concerning the delivery of treated wastewater services within a portion of the City, particularly with respect to GBRA’s Northcliffe Plant service area and within the Dry Comal watershed area. FISCAL IMPACT None RECOMMENDATION Adoption of Resolution No. 08-R-33 ATTACHMENT Resolution No. 08-R-33 CCM Item 4.doc RESOLUTION NO. 08-R-33 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A TREATED WASTEWATER SERVICES AGREEMENT WITH THE CIBOLO CREEK MUNICIPAL AUTHORITY AND THE GUADALUPE-BLANCO RIVER AUTHORITY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the “City Council”) of the City of Schertz (the “City”) has determined that it is in the best interest of the City to enter into a Treated Wastewater Services Agreement with Cibolo Creek Municipal Authority (“CCMA”) and Guadalupe-Blanco River Authority (“GBRA”), relating to cooperative arrangements among the City, CCMA, and GBRA; now, therefore, 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 a Treated Wastewater Services Agreement with the parties described therein 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 1st day of July, 2008. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) Resolution 08-R-33.doc EXHIBIT A TREATED WASTEWATER SERVICES AGREEMENT See attached Resolution 08-R-33.doc TREATED WASTEWATER SERVICES AGREEMENT AMONG THE CITY OF SCHERTZ, CIBOLO CREEK MUNICIPAL AUTHORITY AND GUADALUPE-BLANCO RIVER AUTHORITY Resolution 08-R-33.doc i Resolution 08-R-33.doc i TABLE OF CONTENTS Page RECITALS .................................................................................................................................... 1 ARTICLE I DIVERSION FACILITIES............................................................................. 2 Section 1.1 Design of Diversion Facilities ............................................ ........................... 2 Section 1.2 Construction of Diversion Facilities ............................................................... 2 Section 1.3 Operation and Maintenance of Diversion Facilities ....................................... 3 Section 1.4 No Cost to GBRA and CCMA........................................................................ 3 Section 1.5 Northcliffe Plant Site Easements .................................................................... 3 ARTICLE II TREATMENT FACILITIES EXPANSION ................................................. 3 Section 2.1 Design of Treatment Facilities Expansion...................................................... 3 Section 2.2 Construction of Treatment Facilities Expansion............................. ............... 3 Section 2.3 Operation and Maintenance of Treatment Facilities....................................... 3 Section 2.4 No Cost to GBRA .................................................. ........................................ 3 ARTICLE III GBRA NORTHCLIFFE PLANT OBLIGATIONS........................................ 4 Section 3.1 Determination of Initial Treatment Amount ................................................... 4 Section 3.2 Continuing Evaluation of Treatment Amount ................................................ 4 Section 3.3 Variance to TCEQ’s “75% Rule”................................................................... 4 Section 3.4 On-Going Flow Monitoring............................................................................ 4 ARTICLE IV CITY’S PAYMENT OBLIGATIONS TO CCMA ........................................ 4 Section 4.1 City’s Payment Obligations ..................................................................... ...... 4 ARTICLE V SERVICE AREA MODIFICATIONS ........................................................... 5 Section 5.1 CCMA’s and City's Obligations ................................................. ................... 5 Section 5.2 GBRA’s Agreement........................................................................................ 5 ARTICLE VI TERM OF AGREEMENT; TERMINATION AND OTHER REMEDIES; AND RIGHTS AFTER TERMINATION...................................................... 6 Section 6.1 Term of Agreement................................................................. ....................... 6 Section 6.2 Termination and Other Remedies ................................................................... 6 Section 6.3 Rights after Termination ....................... ......................................................... 6 Section 6.4 No Impact to 1976 Contract or the Schertz-CCMA Contract......................... 6 Section 6.5 Remedies........................ ................................................................................ 6 ARTICLE VII OTHER PROVISIONS................................................................................... 6 Section 7.1 Authorship....................................................................................................... 6 Section 7.2 Waiver and Amendment .................................... ............................................ 6 Section 7.3 Force Majeure ................................................................................................. 7 Section 7.4 Non-Assignability........................................................................................... 7 Section 7.5 Entire Agreement ........................................................... ................................ 7 Section 7.6 Severability ..................................................................................................... 7 Section 7.7 Captions .......................................................................................................... 7 Section 7.8 No Third Party Beneficiaries ................................................. ........................ 7 Section 7.9 Due Authorization and Binding Obligation.................................................... 7 Section 7.10 Notices ............................................ ............................................................... 8 Section 7.11 Non-Waiver..................................................................................................... 8 Section 7.12 Conflicts between Agreement, 1976 Contract and Schertz-CCMA Contract.................................................................................8 Section 7.13 Counterparts........ ............................................................................................9 TREATED WASTEWATER SERVICES AGREEMENT AMONG THE CITY OF SCHERTZ, CIBOLO CREEK MUNICIPAL AUTHORITY AND GUADALUPE-BLANCO RIVER AUTHORITY This Treated Wastewater Services Agreement (this “Agreement”) is made and entered into as of the ____ day of July, 2008 (the “Effective Date”) among the City of Schertz, Texas (the “City”), the Cibolo Creek Municipal Authority (the “CCMA”) and the Guadalupe-Blanco River Authority (the “GBRA”). The City, CCMA and GBRA may be referred to herein collectively as the “Parties,” or individually as a “Party.” RECITALS On February 1, 1976, GBRA entered into a wastewater reclamation contract with Guadco Municipal Utility District No. 1 and Homecraft Corporation (the “1976 Contract”). Guadco Municipal Utility District No. 1 (“MUD No. 1”) and Guadco Municipal Utility District No. 2 (“MUD No. 2”) also entered into a related contract regarding treated wastewater services (the “MUD Contract”). All of the land within MUD No. 1 and MUD No. 2 was annexed by the City in 2001; MUD No. 1 and MUD No. 2 were dissolved by operation of law; and the City succeeded to the ownership of all of the assets of MUD No. 1 and MUD No. 2 and their rights and obligations under existing contracts. The City was automatically substituted for MUD No. 1 on the 1976 Contract, and the MUD Contract between MUD No. 1 and MUD No. 2 terminated by operation of law. Pursuant to the 1976 Contract, GBRA now owns and operates a wastewater treatment plant (the “Northcliffe Plant”) and is authorized to provide treated wastewater service to approximately 805.872 acres covering lands within both former MUD No. 1 and MUD No. 2, as well as additional lands outside of said former MUDs’ boundaries (the “Northcliffe Service Area”). GBRA currently provides treated wastewater service to the Northcliffe and Scenic Hills areas within the Northcliffe Service Area. Treated wastewater produced by the Northcliffe Plant is disposed of by GBRA through land application on the Northcliffe County Club golf course adjacent to and surrounding the Northcliffe Plant. Disposal through land application is authorized by the Texas Commission on Environmental Quality (the “TCEQ”) Permit No. WQ0011751001 (the “Permit”) most recently renewed and approved by TCEQ on June 28, 2005. Pursuant to the Permit, GBRA is authorized to dispose of treated domestic wastewater effluent at a daily average flow not to exceed 0.3 million gallons per day via irrigation of 117 acres of the Northcliffe Country Club golf course. CCMA, pursuant to its enabling act and within its statutory boundaries, owns and operates a wastewater collection and treatment system in Bexar, Comal, and Guadalupe Counties and provides treated wastewater services to most of the area in and around the City, but not within the Northcliffe Service Area. The City desires that CCMA continue to provide treated wastewater services and to expand such services to include those areas within the corporate boundaries of the City situated along IH-35 and within the Dry Comal Watershed and currently outside of CCMA’s statutory boundaries (the “Expansion Service Area”). The Expansion Service Area consists of ________ acres and is described and depicted in Exhibit A attached hereto. The Expansion Service Area is adjacent to the Northcliffe Service Area. The Parties acknowledge and agree that the provision of treated wastewater services to the Expansion Service Area may be best accomplished by CCMA providing such services. To facilitate CCMA providing treated wastewater services to the Expansion Service Area, as well as other increased treated wastewater services demands within the City, the City and CCMA desire that GBRA operate its Northcliffe Plant as a “base load” facility and to limit its provision of treated wastewater services within the Northcliffe Service Area solely to within the parameters of the Permit. All wastewater in excess of the amount GBRA is authorized to treat and dispose of pursuant to the Permit Resolution 08-R-33.doc 1 shall be diverted by the City to CCMA’s regional wastewater treatment facilities for treatment and disposal. To facilitate GBRA operating the Northcliffe Plant as a “base load” facility within the parameters of the Permit, the City desires to design, construct and operate facilities, including lift station(s), collection pipelines and other facilities that will enable the City to divert certain wastewater inflows prior to such flows being discharged into the Northcliffe Plant (the “Diversion Facilities”), while also ensuring that the Northcliffe Plant operates on a daily basis at its base load (at a minimum) in accordance with the Permit. Additionally, CCMA will operate regional treatment facilities (the “Treatment Facilities”) necessary to treat and dispose of the wastewater diverted by the City through the Diversion Facilities and will design, construct and operate any expansion of said Treatment Facilities necessary to treat and dispose of the wastewater diverted by the City through the Diversion Facilities. AGREEMENT For and in consideration of the mutual promises, covenants, obligations, and benefits described in this Agreement, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE I DIVERSION FACILITIES Section 1.1 Design of Diversion Facilities (a) Within one hundred eighty (180) days after the Effective Date of this Agreement, the City shall begin design of the Diversion Facilities. The design of the Diversion Facilities shall include a meter or metering device with a recorder to measure within 5% accuracy the amount of wastewater and the time period during which a diversion away from the Northcliffe Plant occurs. The Diversion Facilities shall be designed to adequately and automatically divert wastewater prior to its delivery to the Northcliffe Plant, and to collect, store, and deliver to the Treatment Facilities all wastewater in excess of the Treatment Amount (hereinafter defined) agreed to by GBRA pursuant to this Agreement. The Diversion Facilities shall be designed in conformance with state and federal requirements, including TCEQ regulations. (b) Within ten (10) days after the City completes (as determined by the City Engineer) the 50% review plans and specifications for the Diversion Facilities, the City shall provide to GBRA and CCMA a copy of such draft plans and specifications. GBRA and CCMA will each have sixty (60) days thereafter to review and comment upon such draft plans and specifications. GBRA and CCMA shall each use its best efforts to complete such review and provide approval and comments to the City within sixty (60) days after its receipt of such plans and specifications. Such comments and approvals will be provided to all Parties. GBRA and CCMA shall thereafter be provided for their review and approval a copy of the final draft plans and specifications for the Diversion Facilities. GBRA agrees, in particular, to provide comments to and approvals of the plans and specifications (50% draft and final draft) of any portion of the Diversion Facilities located on GBRA property. The approvals of such plans and specifications by GBRA and CCMA will not be unreasonably withheld or delayed. (c) The design of the Diversion Facilities shall be completed within twelve (12) months after the Effective Date of this Agreement. Section 1.2 Construction of Diversion Facilities Not later than one hundred eighty (180) days after completion by the City and approval by GBRA and CCMA of the final plans and specifications for the Diversion Facilities, the City will begin the Resolution 08-R-33.doc 2 construction of the Diversion Facilities. The City will use its best efforts to have the Diversion Facilities operational not later than twenty (20) months after the Effective Date of this Agreement (the “Diversion Facilities Operation Date”). Section 1.3 Operation and Maintenance of Diversion Facilities The City will operate the portion of the Diversion Facilities located on GBRA property, if any, in accordance with accepted good business practices, TCEQ rules and regulations, and other applicable law. The City will at all times keep insured the portions of the Diversion Facilities located on GBRA property, if any, in a manner consistent with the City’s insurance of similar municipal facilities. Section 1.4 No Cost to GBRA and CCMA The Diversion Facilities will be designed, permitted, constructed, repaired, replaced and operated by the City at no cost to GBRA or CCMA. Section 1.5 Northcliffe Plant Site Easements At no cost to the City, GBRA will provide to the City the easements necessary for construction, construction, operation, repair and replacement of, and ingress and egress to, any facilities which are a part of the Diversion Facilities and are located on the property comprising the Northcliffe Plant site. Such facilities, and any road(s) to such facilities, will be constructed at a location acceptable to GBRA. Provided, however, any expansion of such facilities located on GBRA property must be under the terms and conditions of a separate agreement, and GBRA is under no obligation to approve any such expansion. ARTICLE II TREATMENT FACILITIES EXPANSION Section 2.1 Design of Treatment Facilities Expansion If in CCMA’s sole discretion, CCMA determines that its existing Treatment Facilities need to be expanded in order to treat and dispose of the wastewater diverted by the City through the Diversion Facilities, such expansion of the Treatment Facilities shall be designed in accordance with applicable state and federal requirements, including TCEQ regulations. Section 2.2 Construction of Treatment Facilities Expansion If the Treatment Facilities are expanded by CCMA, CCMA agrees that the construction of said expansion will be timely completed such that all of the wastewater diverted by the City through the Diversion Facilities will be treated and disposed of by CCMA. Section 2.3 Operation and Maintenance of Treatment Facilities Throughout the term of this Agreement, CCMA will operate and maintain the Treatment Facilities and any expansion thereof in accordance with applicable law. Section 2.4 No Cost to GBRA The Treatment Facilities, and any expansion thereof, will be designed, permitted, constructed, repaired, replaced and operated by CCMA at no cost to GBRA. Resolution 08-R-33.doc 3 ARTICLE III GBRA NORTHCLIFFE PLANT OBLIGATIONS Section 3.1 Determination of Initial Treatment Amount Within ninety (90) days after the Effective Date of this Agreement, GBRA will determine the estimated amount of wastewater (in gallons per day and/or gallons per two-hour peak period) that can adequately be treated by the existing Northcliffe Plant (the “Treatment Amount”). The Treatment Amount may be less than 300,000 gpd, which is the maximum currently permitted treatment amount for the Northcliffe Plant. GBRA will notify the City and CCMA in writing of the initial Treatment Amount determined by GBRA. Section 3.2 Continuing Evaluation of Treatment Amount Periodically during the term of this Agreement, GBRA shall evaluate the treatment capacity of the Northcliffe Plant, and GBRA shall increase the initial Treatment Amount up to a maximum of the capacity of such Plant under the Permit. If GBRA determines, in its sole discretion, that the Treatment Amount should be increased without violating the terms and conditions of the Permit, GBRA will notify the City and CCMA in writing of such new amount. GBRA shall not seek increased treatment capacity under the Permit without the prior written consent of the City. Section 3.3 Variance to TCEQ’s “75% Rule” If the initial Treatment Amount determined by GBRA or as the Treatment Amount may be increased from time to time pursuant to this Agreement, is ever in excess of 225,000 gpd, GBRA will apply to TCEQ for a variance to allow GBRA to treat and dispose of the Treatment Amount in excess of 75% of the permitted average daily flow (the “75% Rule”) without the requirement to begin planning and permitting an expansion of the Northcliffe Plant. The City and CCMA agree to support and cooperate in GBRA’s attempt to secure such variance from TCEQ up to a variance of 89% of the permitted average daily flow. The City agrees that GBRA’s expenses related to applying for and processing the application for such variance are an operating expense of the Northcliffe Plant to be paid by the the City as part of GBRA’s budget-to-actual end-of-year reconciliation pursuant to the 1976 Contract. Section 3.4 On-Going Flow Monitoring GBRA will monitor and record the flow of wastewater into the Northcliffe Plant and will provide information on such flows when requested by the City or CCMA. ARTICLE IV CITY’S PAYMENT OBLIGATIONS TO CCMA Section 4.1 City’s Payment Obligations (a) The City agrees to pay CCMA for the treatment capacity required to adequately treat any wastewater diverted from the Northcliffe Plant by the Diversion Facilities to the Treatment Facilities (the “Impact Fee”). The amount to be paid shall be consistent with CCMA’s then current Impact Fee order and the fee amounts prescribed in such order. (b) The City also agrees to compensate CCMA for the treatment of the wastewater diverted and delivered by the Diversion Facilities. Such compensation shall be based on CCMA’s then current treatment rate and the amount of wastewater metered by the Diversion Facilities. Pursuant to the Contract for Sewerage Service, dated February 15, 1985 between the City and CCMA (the “Schertz-CCMA Resolution 08-R-33.doc 4 Contract”), (i) such payment shall be a part of the monthly payment for services by the City to CCMA; and (ii) compensation for treated wastewater service provided by CCMA to the City for all additional areas of the Dry Comal watershed shall use the uniform potable water calculation method. ARTICLE V SERVICE AREA MODIFICATIONS Section 5.1 CCMA’s and City’s Obligations CCMA agrees to take the necessary steps, if any, to amend its statutory service areas, including amending its enabling act, to include the Expansion Service Area as described and depicted in Exhibit A; provided, however, that the City shall pay all costs in obtaining these metes and bounds descriptions and a survey of this area and shall provide this documentation to CCMA for its prior review, comment, and approval. Section 5.2 GBRA’s Agreement Pursuant to a letter dated July __, 2008, attached hereto as Exhibit B, GBRA advised CCMA and the City that GBRA agrees that treated wastewater service may be provided by CCMA to the Expansion Service Area as described in this Agreement and GBRA further agrees to (i) release the Expansion Service Area for CCMA to provide such treated wastewater service and (ii) not oppose CCMA’s efforts to legislatively modify its statutory boundaries to effectuate the terms and conditions of this Agreement. Resolution 08-R-33.doc 5 ARTICLE VI TERM OF AGREEMENT; TERMINATION AND OTHER REMEDIES; AND RIGHTS AFTER TERMINATION Section 6.1 Term of Agreement This Agreement shall be for a term commencing on the Effective Date and ending February 1, 2016. Section 6.2 Termination and Other Remedies A Party shall have the right to terminate this Agreement at any time if another Party has made any material misrepresentation or fails to comply with any of its obligations under this Agreement. If a Party has made any material misrepresentation or fails to comply with any of its obligations under this Agreement, the other Parties may provide such Party with written notice of such misrepresentation or failure to comply, in which event such Party shall have thirty (30) days thereafter to cure such misrepresentation or non-compliance. If such Party fails to cure such misrepresentation or noncompliance to the other Parties satisfaction within such time, the other Parties shall have available all remedies allowed by law including, without limitation, termination of this Agreement. Section 6.3 Rights after Termination Except as specifically provided otherwise in this Agreement, all of the rights and obligations of the Parties under this Agreement shall terminate upon termination of this Agreement, except that such termination shall not affect any rights or liabilities accrued prior to such termination. Section 6.4 No Impact to 1976 Contract or the Schertz-CCMA Contract The termination of this Agreement shall not affect the 1976 Contract or the Schertz-CCMA Contract in any manner. Section 6.5 Remedies It is not intended hereby to specify (and this Agreement shall not be considered as specifying) an exclusive remedy for any default by any Party, but all such other remedies existing at law or in equity shall be cumulative including, without limitation, specific performance may be availed of by a Party, and specific performance, termination of this Agreement, or suspension of service may be availed of by any Party. ARTICLE VII OTHER PROVISIONS Section 7.1 Authorship This Agreement shall be construed without regard to any Party’s authorship; and no presumption will apply in favor or against any Party in the interpretation of this Agreement based upon authorship. Section 7.2 Waiver and Amendment Failure to enforce or the waiver of any provision of this Agreement or any breach or nonperformance by any Party shall not be deemed a waiver by any Party of the right in the future to demand strict compliance and performance of any provision of this Agreement. No officer or agent of Resolution 08-R-33.doc 6 any Party is authorized to waive or modify any provision of this Agreement. No modifications of this Agreement may be made except by a written document signed by such Party’s authorized representatives. Section 7.3 Force Majeure If for any reason of force majeure, any Party shall be rendered unable, wholly or in part, to carry out its obligations under this Agreement, other than the obligation of the City to make the payments to CCMA required under the terms of this Agreement, if the Party shall give notice of the reasons in writing to the other Parties within a reasonable time after the occurrence of the event, or cause relied on, the obligation of the Party giving the notice, so far as it is affected by the force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period. The term “force majeure” as used in this Agreement shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders or actions of any kind of government of the United States or of the State of Texas, or any civil or military authority, insurrections, riots, epidemics, land slides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakage or accident to dams, machinery, pipelines, canals, or other structures, partial or entire failure of water supply including pollution (accident or intentional), and any inability on the part of a Party to provide wastewater services on account of any other cause not reasonably within the control of a Party. Section 7.4 Non-Assignability A Party may not assign this Agreement to any person or entity without first obtaining the written consent of the other Parties, which consent shall not be unreasonably withheld or delayed. Section 7.5 Entire Agreement This Agreement constitutes the entire agreement among the Parties and supersedes any prior understanding or oral or written agreements among the Parties respecting the subject matter of this Agreement. Section 7.6 Severability The provisions of this Agreement are severable and if, for any reason, any one or more of the provisions contained in the Agreement shall be held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this Agreement and this Agreement shall remain in effect and be construed as if the invalid illegal or unenforceable provision had never been contained in the Agreement. Section 7.7 Captions The sections and captions contained herein are for convenience and reference only and are not intended to define, extend or limit any provision of this Agreement. Section 7.8 No Third Party Beneficiaries This Agreement does not create any third party benefits to any person or entity other than the signatories hereto and their authorized successors in interest, and is solely for the consideration herein expressed. Section 7.9 Due Authorization and Binding Obligation Each Party represents that this Agreement has been duly authorized, executed and delivered by all necessary action of such Party, and is enforceable against such Party in accordance with its terms. Resolution 08-R-33.doc 7 Resolution 08-R-33.doc 8 Section 7.10 Notices All notices, payments and communications ("notices") required or allowed by this Agreement shall be in writing and be given by depositing the notice in the United States mail postpaid and registered or certified, with return receipt requested, and addressed to the Party to be notified. Notice deposited in the mail in the previously described manner shall be conclusively deemed to be effective from and after the expiration of three (3) days after the notice is deposited in the mail. For purposes of notice, the addresses of and the designated representative for receipt of notice for each of the Parties shall be as follows: For GBRA: Guadalupe-Blanco River Authority Attention: General Manager 933 E. Court Street Seguin, Texas 78155 For City: City of Schertz, Texas Attention: City Manager 1400 Schertz Parkway, Building 1 Schertz, Texas 78154-1634 For CCMA: Cibolo Creek Municipal Authority Attention: General Manager P.O. Box 930 100 Dietz Road Schertz, Texas 78154 Either Party may change the name and/or address of its designated representative for receipt of notice by giving written notice of the change to the other Parties at least fourteen (14) days before the change becomes effective. Section 7.11 Non-Waiver. If a Party fails to insist on strict performance of any provision of this Agreement, such failure shall not be deemed a waiver by such Party of its right to insist on strict performance of such provision in the future or strict performance of any other provision of this Agreement. Section 7.12 Conflicts between Agreement, 1976 Contract and Schertz-CCMA Contract. Nothing in this Agreement shall alter or amend the 1976 Contract or the Schertz-CCMA Contract. In the event of a conflict of provisions in this Agreement and the 1976 Contract or the Schertz-CCMA Contract, the specific provisions of the 1976 Contract or the Schertz-CCMA Contract, respectively, shall control. Section 7.13 Counterparts. This Agreement may be executed in multiple counterparts, and all of such counterparts together shall constitute one instrument. In witness whereof, the Parties hereto, acting under the authority of their respective governing bodies, have caused this Agreement to be duly executed and delivered. GUADALUPE-BLANCO RIVER AUTHORITY By:______________________________________ William E. West, Jr., General Manager CITY OF SCHERTZ, TEXAS By:______________________________________ Don E. Taylor, City Manager CIBOLO CREEK MUNICIPAL AUTHORITY By:______________________________________ David R. Dennis, General Manager Resolution 08-R-33.doc S-1 Exhibit A EXPANSION SERVICE AREA [add] Resolution 08-R-33.doc A-1 Exhibit B GUADALUPE-BLANCO RIVER AUTHORITY 933 E. Court Street Seguin, Texas 78155 July __, 2008 Don E. Taylor City Manager City of Schertz, Texas 1400 Schertz Parkway, Building 1 Schertz, Texas 78154-1634 RE: Wastewater Treatment Service for a Portion of the Dry Comal Watershed Within the Corporate Boundaries of the City of Schertz, Texas Dear Mr. Taylor: Earlier this year the City of Schertz, Texas (the “City”) advised the Guadalupe-Blanco River Authority (“GBRA”) that the City is requesting that the Cibolo Creek Municipal Authority (the “CCMA”) provide wastewater treatment services for certain areas within the City’s corporate boundaries that are situated along IH-35 and within the Dry Comal watershed but are currently outside of CCMA’s statutory boundaries (the “Expansion Service Area”). The area in question consists of approximately _____ acres and is described and shown in Exhibit A attached hereto. The Expansion Service Area is adjacent to GBRA’s contractual service area served by GBRA’s Northcliffe Plant*. In regard to the Expansion Service Area described in Exhibit A, GBRA agrees that wastewater treatment service may be provided by CCMA and GBRA further agrees to (i) release such Expansion Service Area for CCMA to provide treated wastewater service and (ii) not oppose CCMA’s efforts to legislatively modify its statutory boundaries to effectuate the terms and conditions of the Agreement. Contemporaneously with the execution of this letter, the GBRA, City and CCMA have entered into a Treated Wastewater Services Agreement (the “Agreement”) that addresses various obligations and responsibilities of the parties relating to the provision of treated wastewater services to the Expansion Service Area. GBRA’s release of the Expansion Service Area and its agreement herein that CCMA may * The “service area” covered by GBRA’s Northcliffe Plant is described in part in that certain February 1, 1976 Wastewater Reclamation Contract among GBRA, Guadco MUD No. 1 and Homecraft Corp. and that certain February 1, 1976 Contract between Guadco MUD No. 1 and Guadco MUD No. 2. Guadco MUD No. 1 and Guadco MUD No. 2 were dissolved in 2001 when the City annexed the two MUDs. The responsibilities and obligations of Guadco MUD No. 1 under the Wastewater Reclamation Contract were assumed by the City when the City annexed Guadco MUD No. 1, and the 1976 Contract between Guadco MUD NO. 1 and Guadco MUD NO. 2 terminated by operation of law when the City annexed the two MUDs. The “service area” also includes areas outside of the former Guadco MUD No. 1 and Guadco MUD No. 2 service areas. Resolution 08-R-33.doc A-1 Resolution 08-R-33.doc A-2 provide treated wastewater service to the Expansion Service Area is conditioned upon the parties successfully fulfilling their respective obligations and responsibilities set forth in the Agreement. GBRA is committed to continuing to work with the City and CCMA to ensure that the public’s need for treated wastewater services continue to be responsibly met now and into the future. Sincerely, W. E. West, Jr. General Manager Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: July 1, 2008 Department: Mayor and Council Subject: City Council Compensation BACKGROUND Pursuant to Section 4.04 of the City Charter, the City Council has determined to provide for compensation for members of the City Council as set forth in Section 1 of attached Ordinance No. 08-G-31. Such compensation will not be effective during the current term of any member of the City Council. FISCAL IMPACT Once the compensation authorized by Ordinance No. 08-G-31 is fully implemented (by May 2010), the total annualized cost will be $27,600 ($6,600 for the Mayor and $4,200 for each of the 5 Councilmembers). RECOMMENDATION Adoption of Ordinance No. 08-G-31 on first reading. ATTACHMENT Ordinance No. 08-G-31 CCM Item 3.doc ORDINANCE NO. 08-G-31 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS REGARDING COMPENSATION FOR MEMBERS OF THE CITY COUNCIL OF THE CITY WHEREAS, Section 4.04 of the City Charter of the City of Schertz (the “City”) permits the City Council (the “Council”) to determine compensation for members of the Council, including the Mayor and the other members of the Council; and WHEREAS, by Ordinance No. 74-G-38, the Council has previously provided for compensation for members of the Council for attendance at regular and special meetings of the Council, and such Ordinance was repealed by Ordinance No. 08-E-29; and WHEREAS, the Council has determined that members should receive compensation for their service on the Council as set forth in this Ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. (a) Members of the City Council of the City of Schertz, Texas, including the Mayor and the other members of the Council, shall receive monthly compensation for their service as members of the Council as follows: Base Compensation Car Allowance Total Compensation Mayor $300.00 $250.00 $550.00 Councilmembers $200.00 $150.00 $350.00 (b) Such Total Compensation shall be adjusted up or down on each January 1, commencing January 1, 2009, by a percentage equal to the percentage increase or decrease in the Consumer Price Index, All Items, Not Seasonally Adjusted, South Urban, published by the United States Department of Commerce for such January 1 compared to the preceding January 1. (c) Such compensation shall be prorated on a daily basis for partial months of service and shall be paid for the preceding month on the second standard pay day of each month for City employees. (d) Members of the Council may also request reimbursement for out-of-pocket expenses incurred during performance of their official duties in accordance with reimbursement policies in effect from time to time for persons with car allowances and shall be entitled to use City-provided equipment in furtherance of their official duties in accordance with procedures established from time to time. SECTION 2. Members of the Council may at their discretion refuse to accept any or all of the compensation described in Section 1 by giving written notice thereof to the City Manager. SECTION 3. This Ordinance shall be effective immediately from and after its final passage and any publication in accordance with the requirements of the City and the laws of the State of Texas. The terms of this Ordinance shall be implemented as to Councilmembers for Places 3, 4, and 5 elected on May 5, 2009 (or any earlier date a person shall take office by appointment to fill Ordinance 08-G-32.doc Ordinance 08-G-32.doc a vacancy with such position) and for the Mayor and Councilmembers for Places 1 and 2 elected on May 4, 2010 (or any earlier date a person shall take office by appointment to fill a vacancy in such position). SECTION 4. This Ordinance shall be cumulative of all other ordinances of the City and repeals Ordinance No. 08-G-29 of the City. Approved on first reading the ____ day of July, 2008. PASSED, APPROVED AND ADOPTED the _____ day of June, 2008. ____________________________________ Mayor, City of Schertz, Texas ATTEST: _____________________ __________ City Secretary, City of Schertz, Texas (SEAL OF THE CITY) Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: July 1, 2008 Department: Planning & Zoning Subject: Ordinance No. 08-S-30 – Consideration and/or action on approval of first reading of an ordinance amending Ordinance No. 96-S-28 being the Unified Development Code (UDC) to rezone 1.38± acres of land out of the T. Herrera Survey no. 68, Abstract No. 153, City of Schertz, Guadalupe County, Texas, being Lot 1, Block 1 of the Valvoline Subdivision and Lot 1, Block 1 of the FM-3009 Laserwash Subdivision from Office Professional District (OP) to General Business District (GB). First Reading BACKGROUND At their June 17, 2008 regular meeting, the City Council held a public hearing and postponed consideration and action on first reading of an ordinance to rezone this property from Office Professional District (OP) to General Business (GB) due to a lack of a recommendation from the Planning and Zoning Commission. The Council also directed staff to publish notification of an additional public hearing in the newspaper for second reading of the ordinance on July 8, 2008. The Planning and Zoning Commission considered this item at their June 25, 2008 regular meeting. A synopsis of the Planning and Zoning Commission’s discussion and recommendation are provided in the “Project Review and Action” section below. Staff has published notice for a public hearing for the Council’s July 8, 2008 regular meeting. PROPERTY ATRIBUTES Proposed Use: Automotive quick lube/oil change and carwash (existing) Existing Use/Site Attributes: Automotive quick lube/oil change and carwash Special District: The subject property is in the FM-3009 special/overlay district. No portion of this property is within the AICUZ. County: This property is located in Guadalupe County School District: The subject property is within the SCUCISD boundaries Floodplain: No portion of this property is within the 100-year floodplain ADJACENT LAND USE/ZONING North: Zoned Single Family Residential-1 (R-1), Developed Residential East: Unzoned, Right-of-way FM3009 South: Zoned Neighborhood Services (NS), Durnford Dental office Item 5.doc City Council Memorandum Page 2 Item 5.doc West: Planned Unit Development (PUD), Developed Single Family Residential ZONING DESCRIPTION General Business (GB): Intended to provide suitable areas for the development of non-residential uses that offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. These businesses are usually located on appropriately designed and attractively landscaped sites and along principal transportation corridors. ZONING Minimum Area Minimum Lot Width Minimum Lot Depth Minimum Front Yard Setback Minimum Side Yard Setback Minimum Rear Yard Setback GB 10,000sq. ft. 100-feet 100-feet 25-feet 0-feet 25-feet Adjacent to residential Zoning 0-feet 25-feet Adjacent to residential Zoning (GB) Permitted Uses: Airport, Heliport or Landing Field (S), Alcohol Package Sales, Antenna and/or Antenna Support Structure, Commercial (S), Antique Shop, Appliances, Furniture and Home Furnishings Store, Art Gallery/Library/Museum, Athletic Stadium, Private (S), Automobile Parts Sales, Automobile Repairs, Major (S), Automobile Repairs, Minor, Automobile Sales New or Used, Bank, Saving and Loan, Credit Union, Beauty Salon/Barber Shop, Bed and Breakfast Inn, Building Material and Hardware Sales, Cabinet or Upholstery Shop (S), Car Wash, Automated, Car Wash, Self Serve, Church, Temple, Synagogue, Mosque, or Other Place of Worship, Civic/Convention Center, College, University, Trade, or Private Boarding School, Commercial Amusement, Indoor, Commercial Amusement, Outdoor (S), Community Center, Convenience Store w/Gas Pumps, Dance Hall/Night Club, Day Care Center, Dry Cleaning, Major (S), Dry Cleaning, Minor, Farmers Market, Flea Market, Inside, Flea Market, Outside (S), Fraternity, Sorority, Civic Club or Lodge, Gasoline Station/Fuel Pumps, Golf Course and/or Country Club, Governmental Facilities, Gymnastics/Dance Studio, Health/Fitness Center, Hospital, Hotel/Motel, Household Appliance Service and Repair, Laundromat, Livestock, Locksmith/Security System Company, Medical, Dental or Professional Office/Clinic, Mini-Warehouse/Public Storage (S), Mortuary/Funeral Home, Municipal Uses Operated by the City of Schertz, Nursery, Major (S), Nursery, Minor, Office Showroom, Pawn Shop, Print Shop, Minor, Private Club, Railroad/Bus Passenger Station (S), Recreational Vehicle Sales and Service, Recycling Center, Recycling Collection Point, Rehabilitation Care Facility (S), Restaurant, Drive-In, Restaurant or Cafeteria, Retail Stores and Shops, School, Public or Private, Storage or Wholesale Warehouse (S), Tavern, Taxidermist, Theater, Outdoor, Theater, Indoor, Trailer/Manufactured Homes Sales, Truck Terminal, Veterinarian Clinic /Kennel, Indoor, Veterinarian Clinic /Kennel, Outdoor (S), New and Unlisted Uses as provided by Article IV, Section 4 (S). (S) = Specific Use Permit PROJECT REVIEW & ACTION: The applicant/property owner submitted a request to rezone this property from OP to GB in order to allow their property to come into legal conforming status. The City permitted this property to be developed in the OP District in violation of the permitted uses and zoning classification on the property. This property is currently considered a legal, nonconforming use and this status can create several difficulties including the ability to refinance or sell the property. By bringing this City Council Memorandum Page 3 Item 5.doc property into legal conforming status, the property owner will be avoiding any future potential issues related to nonconformity. At their June 11, 2008 regular meeting, the Planning and Zoning Commission had extensive discussions with the property owner regarding the intended use of the property. The Commission also expressed concerns regarding the extent and type of uses permitted within the GB zoning classification. The Commission and the property owner agreed that to achieve the desired outcome for both parties, the appropriate course of action would be to limit the uses permitted on the property. The Commission voted to postpone action on the item to their June 25, 2008 regular meeting and directed staff to work with the applicant to establish a Planned Unit Development District (PUD) which limits the permitted uses on the property. At their June 25, 2008 regular meeting the Planning and Zoning Commission considered approval of a PUD for this property. The PUD Development Standards have been included in the Council’s packet for review. The Development Standards provide the detailed regulations by which the development of the property will be governed. Since this is an existing developed property, the Development Standards will apply to any future expansion or redevelopment of the property. The Development Standards provide for a base zoning classification of OP and all development will comply with the standards of the OP District. The only exception applicable to this property relates to the permitted uses. In order to bring the property into conformance, the existing uses on the property, Automotive Repair, Minor and Car Wash, Self Serve, are permitted by right. All other standards applicable to the OP District shall apply to this property. A PUD requires the Council to adopt a Master Development Plan and Development Standards applicable to the property. The Development Standards have been provided in accordance with Article VII, Section 7 of the UDC. Because this this is an existing developed property, there is an existing site plan associated with the property. The existing site plan on the property may serve as the Master Development Plan for the purposes of meeting the requirements of the UDC; however, any future changes to the property will require approval of a revised site plan. Article VII, Section 7.7 of the UDC outlines the approval criteria in connection with approval of any PUD as follows: 1. Consistency of the proposed development with the Comprehensive Land Plan, Article VII, Section 7 of the UDC, and other applicable plans, policies, standards and regulations; 2. Compatibility of the proposed development with the requirements of Article VII, Section 7.5 of the UDC and adjacent and surrounding development 3. The purpose and intent of Article VII, Section 7 of the UDC 4. Minimization of the development’s impact upon adjacent roadways and neighborhood traffic, and upon public facilities and infrastructure 5. Protection of the public health, safety and general welfare. FISCAL IMPACT None City Council Memorandum Page 4 Item 5.doc RECOMMENDATION At the June 25, 2008 Planning and Zoning Commission meeting Commissioner Greenwald moved to forward to City Council a recommendation to approve a zoning change from OP to PUD. Commissioner Wallace seconded the motion. Vote unanimous. Article XVI, Section 7.4 authorizes the City Council to approve a requested zoning change either as requested or in the form of a more restrictive district. The requested zoning change is for the GB district; however, the Planning and Zoning Commission has recommended approval of a PUD which is a more restrictive zoning classification than what has been requested. The City Council may move to approve the requested zoning change to GB or may move to accept the recommendation of the Planning and Zoning Commission to rezone the property to PUD. Pursuant to the recommendation of the Planning and Zoning Commission, staff recommends Council accept the recommendation of the Commission and approve Ordinance No. 08-S-32 on first reading changing the zoning on the property from OP to PUD. ATTACHMENT Ordinance No. 08-S-32 – PUD Ordinance PUD Development Standards ORDINANCE NO. 08-S-32 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96-S-28 REZONING 1.38± ACRES OF LAND OUT OF THE T. HERRERA SURVEY NO. 68, ABSTRACT NO. 153, CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS BEING LOT 1, BLOCK 1 OF THE VALVOLINE SUBDIVISION AND LOT 1, BLOCK 1 OF THE FM-3009 LASERWASH SUBDIVISION FROM OFFICE PROFESSIONAL DISTRICT (OP) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD) WITH A BASE ZONING OF OFFICE PROFESSIONAL DISTRICT (OP); PROVIDING AN EFFECTIVE DATE; PROVIDING A REPEALING CLAUSE; PROVIDING A SERVABILITY CLAUSE; AND PROVIDING A PENALTY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: UDC Ordinance No. 96-S-28, as same may have heretofore been amended, of the City of Schertz, Texas is hereby amended in the following manner. SECTION I Establishing permanent zoning for an approximately 1.38 acre tract of land out of the T. Herrera Survey No. 68, Abstract No. 153, City of Schertz, Guadalupe County, Texas being Lot 1, Block 1 of the Valvoline Subdivision and Lot 1, Block 1 of the FM-3009 Laserwash Subdivision from Office Professional District (OP) to Planned Unit Development District (PUD) with a base zoning designation of Office Professional District (OP). SECTION II Creating development standards applicable to this property as established in the attached “Exhibit A”. SECTION III The Official Zoning Map of the City of Schertz described and referred to in Article III, of the UDC, Ordinance 96-S-28 shall be changed to reflect the above amendments. ZC2008-008 Valvoline/FM 3009 Laserwash Subdivision ZC2008-008 Valvoline/FM 3009 Laserwash Subdivision SECTION IV This ordinance shall be cumulative of all other ordinances of the City of Schertz, and this ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, are hereby repealed. SECTION V This Ordinance shall be effective immediately from and after its final passage and any publication in accordance with the requirements of the City of Schertz and the laws of the State of Texas SECTION VI The sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or section s of this ordinance, since the same would would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION V Any person, firm, association of persons, corporation or other organization violating the provisions of this ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offence. Approved on first reading the __________ day of ____________________, 2008. PASSED, APPROVED AND ADOPTED the _________ day of __________________, 2008. ____________________________________ Mayor, City of Schertz, Texas ATTEST: ________________________________ City Secretary, City of Schertz, Texas (SEAL OF THE CITY) ZC2008-008 Valvoline/FM 3009 Laserwash Subdivision Exhibit A Valvoline and FM 3009 Laserwash Subdivision Planned Unit Development District Development Standards Lot 1, Block 1, Valvoline Subdivision & Lot 1, Block 1, FM-3009 Laserwash Subdivision Approved under City of Schertz Unified Development Code Ordinance No. 96-S-28 (as amended) Planning and Zoning Commission Recommendation June 25, 2008 City Council First Reading July 1, 2008 City Council Final Reading and Approval July 8, 2008 1 Exhibit A Part 1. General Information ......................................................................................................................................3 1.01. Project Description. ..................................................................................................................................3 1.02. Project Location................................ .......................................................................................................3 1.03. Reasons for use of PUD.................................................................. ........................................................3 Part 2. Land Use Designation ................................................................................................................ .................3 2.01. Base Zoning ..............................................................................................................................................3 2.02. PUD Restrictions on Land Use................................................................................................................3 Part 3. Land Use Restrictions ........................... ......................................................................................................4 3.01. Generally. .............................................................................. ...................................................................4 3.02 Prohibited Uses. ............................................................................................................ ..........................4 Part 4. Development Standards...............................................................................................................................4 4.01. Landscape Requirements. .......................................................................................................................4 4.02. Parking Requirements. .................... ........................................................................................................4 4.03. Environmental. ........................................................................ .................................................................4 4.04. Maximum Height of Structures. ................................................................................................ ..............4 4.05. Building Setbacks.....................................................................................................................................4 4.06. Signage............ .........................................................................................................................................5 4.07. Site Lighting......................................... .....................................................................................................5 4.08. Exterior Construction. ................................................................... ...........................................................5 4.09. Site Plan........................................................................................................................... .........................5 Part 5. Miscellaneous................................................................................................................................................5 5.01. Acknowledgements ..................................................................................................................................5 5.02. Violations and Penalties ...........................................................................................................................5 5.03. Obligations......................................................... .......................................................................................6 5.04. Rights ................................................................................................. .......................................................6 5.05. Revisions and Amendments ............................................................................................................... ....6 5.06. Severability ................................................................................................................................................6 2 Exhibit A Part 1. General Information 1.01. Project Description. This Planned Unit Development (PUD) consists of two (2) existing properties containing approximately 1.38 acres of land being Lot 1, Block 1 of the Valvoline Subdivision and Lot 1, Block 1 of the FM-3009 Laserwash Subdivision. The purpose of this PUD is to bring the existing development into legal conforming status while establishing limitations on the types of uses that may be permitted on the property in the future. 1.02. Project Location. This PUD is located on the west side of FM 3009 approximately 229 feet south of Savannah Drive. 1.03. Reasons for use of PUD. The City recognizes that the current zoning of the property is Office Professional (OP) District and that the existing development occurred despite not being in conformance with the zoning regulations in place at the time of development. The Property Owner would like to bring the property into legal conforming status and in order to achieve this, the property would have to be zoned General Business (GB) District; however, the City does not believe that all of the uses permitted within the GB Zoning District are compatible with the surrounding uses and would therefore like to restrict the uses permitted on the property. The City and the Property Owner agree that the most effective way to bring this property into legal conforming status is thru the use of a PUD to restrict the permitted uses on the property. Part 2. Land Use Designation 2.01. Base Zoning The Base zoning classification for this property shall be the Office Professional (OP) District. This zoning district is intended to provide suitable areas for the development of office structures as well as office park developments on appropriately designed and attractively landscaped sites. It is also intended to provide ancillary retail service (restaurants, coffee shops, newsstands, etc.) for such office developments. Due to the intensity of these developments, they should be generally located along major transportation corridors, and be properly buffered from intensive residential uses. 2.02. PUD Restrictions on Land Use. The Permitted and Specific Uses authorized in this PUD shall consist of all of those uses listed as Permitted or requiring a Specific Use Permit within the OP District as identified in Article IV of the UDC, as may be amended from time to time, with the following additional uses: 3 Exhibit A • Automotive Repairs, Minor • Car Wash, Self Serve Part 3. Land Use Restrictions 3.01. Generally. As stated above, the base zoning for this property will be the Office Professional (OP) District. Except as supplemented or modified in these Development Standards, all regulations applicable to that base zoning district will apply to the property. The property will be restricted to the uses identified in Section 2.02 above. 3.02 Prohibited Uses. Any permitted or specific use not directly authorized within these PUD Development Standards shall be prohibited. Part 4. Development Standards 4.01. Landscape Requirements. This property shall comply with all landscaping standards required in the Base (OP) Zoning District and with any and all other applicable landscaping standards identified in the UDC, as may be amended from time to time. 4.02. Parking Requirements. This property shall comply with all parking and loading standards required in the Base (OP) Zoning District and with any and all other applicable parking and/or loading standards identified in the UDC, as may be amended from time to time. 4.03. Environmental. This property shall comply with all federal, state and local storm water discharge registration, notification, monitoring and construction runoff protection requirements and required erosion/sedimentation controls. 4.04. Maximum Height of Structures. The maximum height of structures constructed on this property shall not exceed the maximum height permitted in the Base (OP) Zoning District and with any and all other applicable height limitations identified in the UDC, as may be amended from time to time. 4.05. Building Setbacks. The minimum building setbacks applicable to this property shall not exceed the minimum setback requirements of the Base (OP) Zoning District and with any and all other applicable setback restrictions identified in the UDC, as may be amended from time to time. 4 Exhibit A 4.06. Signage. Signage shall be provided in accordance with the minimum signage standards permitted in the Base (OP) Zoning District and with any and all other applicable signage regulations identified in the UDC, as may be amended from time to time. 4.07. Site Lighting. Site lighting shall be provided in accordance with the minimum site lighting standards required in the Base (OP) Zoning District and with any and all other applicable site lighting standards identified in the UDC, as may be amended from time to time. 4.08. Exterior Construction. All buildings constructed on this site shall conform to the minimum exterior construction standards in the Base (OP) Zoning District and with any and all other applicable exterior construction standards identified in the UDC, as may be amended from time to time. 4.09. Site Plan. The existing approved site plan(s) for this property shall serve as the master development plan required in the UDC. Any additions, alterations or changes to the existing conditions of the property shall require approval of a new site plan in accordance with the requirements of any development in the Base (OP) Zoning District and with any and all other applicable site plan requirements identified in the UDC, as may be amended from time to time. Part 5. Miscellaneous 5.01. Acknowledgements The Property Owner understands and acknowledges that this property will be bound by the provisions of these development standards as though they were conditions, restrictions and limitations on the use of the property under the City’s Unified Development Code. 5.02. Violations and Penalties The Property Owner understands and acknowledges that any person, firm, corporation or other entity violating any provisions of these development standards shall be subject to all penalties that apply to violation of the zoning ordinances of the City of Schertz, as may be amended from time to time. The Property Owner further understands and acknowledges that any person, firm, corporation or other entity violating any provisions of these development standards shall be subject to a suit by the City for an injunction to enjoin the violation of these development standards as though they were conditions, restrictions and limitations on use of the property under the City’s Unified Development Code. 5 Exhibit A 6 5.03. Obligations All obligations of the Property Owner created under these development standards are performable in Guadalupe County, Texas and venue for any action arising under these development standards shall be in Guadalupe County, Texas. These development standards will be construed in accordance with the laws of the State of Texas. 5.04. Rights Nothing in these development standards, express or implied, is intended to confer any rights, benefits or remedies under or by reason of these development standards upon any person or entity other than the City of Schertz. 5.05. Revisions and Amendments These development standards may be revised and amended only in accordance with the procedures described in the City’s Unified Development Code, as may be amended from time to time. 5.06. Severability In case one or more provisions of these development standards are deemed invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and in such event, these development standards shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: July 1, 2008 Department: City Attorney Subject: City Charter Amendments BACKGROUND The City Council has discussed presenting possible amendments to the City Charter to the voters at the November 4, 2008 election. A list of possible amendments is attached. FISCAL IMPACT Cost of conducting the election RECOMMENDATION Discussion only; no action is required, but Council may want to direct the City Attorney to prepare an election ordinance ATTACHMENT List of possible City Charter changes CCM Item 6.doc Annotated Charter.doc POSSIBLE CHANGES TO CONSIDER (§§1.02(a), 4.02, 4.05 (second paragraph), 4.06(c)(1), 4.07(a), 4.09(c), 4.09(e), 5.01, 5.02, 6.05, 6.06, 6.07(a), 7.05, 7.10(a), 7.10(b)(11), 8.01, 9.02, 9.03, 10.04(b), 10.06(a), 11.02, 11.04(g), 12.02(a)(4), 12.02(a)(5), 12.02(a)(6), and 12.04) bold = suggested addition [bold] = suggested deletion CITY OF SCHERTZ, TEXAS HOME RULE CHARTER* * The City’s Home Rule Charter is set out herein as adopted by the people at an election held on April 6, 1974, as amended by elections on April 7, 1979, May 6, 1989, May 7, 1994, May 3, 1997, and May 13, 2006. The parenthetical note at the end of certain sections indicates the election(s) at which that section was amended. Annotated Charter.doc [This page intentionally left blank.] Annotated Charter.doc i ARTICLE I NAME OF CITY AND BOUNDARIES......................................................... 3 Section 1.01 Name ............................................................ ....................................... 3 Section 1.02 Boundaries; Extension, Annexation and Disannexation...................... 3 ARTICLE II POWERS OF THE CITY....................................... ........................................ 5 Section 2.01 General Powers .................................................................................... 5 Section 2.02 Intergovernmental Relations................................................................ 5 ARTICLE III FORM OF GOVERNMENT........................................................................... 7 Section 3.01 Establishment....................................................................................... 7 ARTICLE IV THE CITY COUNCIL...................................................... .............................. 9 Section 4.01 Number, Selection and Term ............................................................... 9 Section 4.02 Qualifications................................. ..................................................... 9 Section 4.03 Judge of Election Qualifications.......................................................... 9 Section 4.04 Compensation ...................................................................................... 9 Section 4.05 Mayor and Mayor Pro-Tem ................................................................. 9 Section 4.06 Vacancies, Forfeiture, Filling of Vacancies....................................... 10 Section 4.07 Prohibitions.......................................................................... ............. 11 Section 4.08 Powers of the City Council................................................................ 11 Section 4.09 Meetings and Procedure........................................ ............................ 11 Section 4.10 Inquiry Powers ................................................................................... 13 ARTICLE V CITY MANAGER.............................. .......................................................... 15 Section 5.01 Appointment; Qualifications; Compensation .................................... 15 Section 5.02 Acting City Manager.......................................................................... 15 Section 5.03 Powers and Duties of City Manager .................................................. 15 ARTICLE VI OTHER DEPARTMENTS, OFFICES OR AGENCIES............................... 17 Section 6.01 General Provisions............................................................................. 17 Section 6.02 Personnel Rules.................................................................................. 17 Section 6.03 City Attorney ....................................................... ............................. 17 Section 6.04 Judge of the Municipal Court ............................................................ 17 Section 6.05 Terms of Office of City Attorney and Municipal Judge.................... 18 Section 6.06 City Secretary..................................................................................... 18 Section 6.07 Tax Assessor-Collector..... ................................................................ 18 Annotated Charter.doc ii ARTICLE VII FINANCIAL PROCEDURES....................................................................... 21 Section 7.01 Fiscal Year .......................................... .............................................. 21 Section 7.02 Submission of Budget ........................................................................ 21 Section 7.03 Budget Message............ .................................................................... 21 Section 7.04 Budget Contents................................................................................. 21 Section 7.05 Capital Improvements Program ......................................................... 22 Section 7.06 City Council Action on Budget................................................... ...... 22 Section 7.07 Amendments After Adoption............................................................. 23 Section 7.08 Purchase Procedures ..................................................... .................... 23 Section 7.09 Lapse of Appropriations .................................................................... 23 Section 7.10 Director of Finance ................................. .......................................... 24 Section 7.11 Audit .................................................................................................. 25 ARTICLE VIII PLANNING, ZONING AND ADJUSTMENTS........................................... 27 Section 8.01 Planning and Zoning Commission..................................................... 27 Section 8.02 Board of Adjustment.......................................................................... 27 ARTICLE IX NOMINATIONS AND ELECTIONS........................................................... 29 Section 9.01 City Elections..................................................................................... 29 Section 9.02 Candidates......................................................... ................................ 29 Section 9.03 Determination of Election Results ..................................................... 29 Section 9.04 City Council Ballots.......................... ................................................ 30 Section 9.05 Ballots for Ordinances and Charter Amendments ............................. 30 ARTICLE X INITIATIVE, REFERENDUM AND RECALL............ .............................. 31 Section 10.01 General Authority .............................................................................. 31 Section 10.02 Commencement of Proceedings; Petitioners’ Committee; Affidavit............................................................................................. 31 Section 10.03 Petitions.............................................. ............................................... 31 Section 10.04 Procedure After Filing ....................................................................... 32 Section 10.05 Referendum Petitions; Suspension of Effect of Ordinance ............... 33 Section 10.06 Action on Petitions............................................................................. 33 Section 10.07 Results of Election ............................................................................. 34 Section 10.08 Limitation on Recall ......................................................... ................ 35 Annotated Charter.doc iii ARTICLE XI PUBLIC UTILITIES ..................................................................................... 37 Section 11.01 Powers of the City........................ ..................................................... 37 Section 11.02 Franchises .......................................................................................... 37 Section 11.03 Franchise Value Not To Be Allowed................................................. 37 Section 11.04 Right of Regulation.......................................................................... . 37 Section 11.05 Franchise Records.............................................................................. 38 Section 11.06 Regulations of Rates and Service .................................. ................... 38 ARTICLE XII GENERAL PROVISIONS ............................................................................ 41 Section 12.01 Personal Financial Interest........................ ........................................ 41 Section 12.02 Prohibitions........................................................................................ 41 Section 12.03 Liability for Personal Injuries or Death ............................................. 42 Section 12.04 Charter Amendment........................................................................... 42 Section 12.05 Charter Review Commission ............................................................. 43 Section 12.06 Separability ................................................................ ....................... 43 Section 12.07 State Law ........................................................................................... 43 Section 12.08 Headings .............................. ............................................................. 44 [This page intentionally left blank.] Annotated Charter.doc iv PREAMBLE The citizens of the City of Schertz, in the Counties of Guadalupe, Bexar and Comal, State of Texas, being aware that their community is becoming ever larger and more prosperous and that ever increasing growth and prosperity are certain, desire to plan, regulate and control the affairs of the City to the fullest extent possible under the Constitution and general laws of this State. In this spirit, the citizens of the City of Schertz do hereby ordain this the Charter of the City of Schertz and accept the duties and responsibilities which it imposes and the privileges which it grants. (Election of 5-6-89, 5-3-97) [End of Preamble] Annotated Charter.doc 1 [This page intentionally left blank.] Annotated Charter.doc 2 ARTICLE I NAME OF CITY AND BOUNDARIES Section 1.01 Name. Those persons residing within the limits of the City, as those limits now are or as they may be in the future changed, are hereby constituted and shall continue to be a municipal body politic to exist in perpetuity under the name “CITY OF SCHERTZ” hereinafter referred to as the “City”. (Election of 5-3-97) Section 1.02 Boundaries; Extension, Annexation and Disannexation. (a) Boundaries. The bounds and limits of the City are hereby established and described as those which exist under authority of the current City ordinances and displayed on a map maintained by the City Secretary and those boundaries established and changed hereafter as provided; such amended map to be maintained hereafter by the City [Manager] Secretary and maintained in a public place. (b) Extension of Boundaries; Annexation of Territory. The City Council shall have the power by ordinance to annex territory lying adjacent to the City, with or without the consent of the owners or inhabitants thereof, thereby extending and enlarging the bounds and limits of the City. Such annexations shall be limited and controlled by the applicable annexation laws of the State. (c) Disannexation. Any area hereafter annexed under this Charter and the law of this State may be disannexed only in accordance with State law. (Election of 5-3-97, 5-13-06) [End of Article I] Annotated Charter.doc 3 [This page intentionally left blank.] Annotated Charter.doc 4 ARTICLE II POWERS OF THE CITY Section 2.01 General Powers. The City shall have all the powers granted to cities by the Constitution and general laws of the State together with all of the implied powers necessary to execute such granted powers. The City may use a corporate seal; may sue and be sued; may contract and be contracted with; may cooperate with the government of the State or any agency or any political subdivision thereof, or with the federal government or any agency thereof, to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety, and convenience of the City and its inhabitants; may acquire property within or without its corporate limits for any municipal purpose in fee simple, or in any lesser interest or estate, by purchase, gift, devise, lease or condemnation; may sell, lease, mortgage, hold, manage, improve, and control such property as may now or hereafter be owned by it; may issue bonds upon the credit of the City for the purpose of making permanent public improvements or for other public purposes in the amount and to the extent permitted by applicable law, subject to the approval of the voters of the City as required by State law; and may pass ordinances and enact such regulations as may be expedient for the maintenance of good government, order and peace of the City and the welfare, health, morals, comfort, safety, and convenience of its inhabitants. In addition to the powers enumerated herein, and subject only to the limitations imposed by the Constitution, the general laws of the State, and this Charter, the City shall have without the necessity of express enumeration in this Charter, each and every power, which by virtue of Article XI, Section 5 of the Constitution of Texas, the people of the City are empowered by election to grant to or confer upon the City by expressly and specifically granting and enumerating the same herein. (Election of 5-6-89, 5-3-97, 5-13-06) Section 2.02 Intergovernmental Relations. The City may exercise any of of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more state or civil divisions or agencies thereof, or the federal government or any agency thereof. (Election of 5-6-89, 5-3-97, 5-13-06) [End of Article II] Annotated Charter.doc 5 [This page intentionally left blank.] Annotated Charter.doc 6 ARTICLE III FORM OF GOVERNMENT Section 3.01 Establishment. The municipal government provided by this Charter shall consist of a Mayor and Councilmembers, elected by the people and responsible to the people, and a City Manager, appointed by and responsible to the City Council for proper administration of the affairs of the City. Pursuant to its provisions and subject only to the limitations imposed by the Constitution and general laws of the State and by this Charter, all powers of the City shall be vested in the elected Mayor and Councilmembers, who shall enact local legislation, adopt budgets and determine policies. All powers of the City shall be exercised in the manner prescribed by this Charter, or if not prescribed, then as may be prescribed by ordinance. (Election of 5-6-89, 5-3-97, 5-13-06) [End of Article III] Annotated Charter.doc 7 [This page intentionally left blank.] Annotated Charter.doc 8 ARTICLE IV THE CITY COUNCIL Section 4.01 Number, Selection and Term. The City Council shall be composed of the Mayor and five Councilmembers. The Mayor and all Councilmembers shall be elected from the City at large. Subject to Section 4.06(c), the Mayor and Councilmembers shall be elected in the manner provided in Section 9.01 of this Charter for two-year terms. Each Councilmember shall occupy a position on the City Council, such positions being numbered Place One through Place Five. At the first general election held under this Charter and each odd-numbered year thereafter, Councilmembers to fill Places Three, Four, and Five shall be elected. The following year and each even-numbered year thereafter, the Mayor and the Councilmembers filling Places One and Two shall be elected. (Election of 5-6-89, 5-3-97, 5-13-06) Section 4.02 Qualifications. The Mayor and each Councilmember must, at the time of filing for office, have attained the age of eighteen, be a [qualified] registered voter, and have been a resident of the City for at least six consecutive months immediately preceding filing for office, and not be an obligor to the City on any obligation past due, provided, however, that a person may be elected and hold office if such obligation is being actively contested in the appropriate forum. (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06) Section 4.03 Judge of Election Qualifications. The City Council is the final judge of all elections and the qualifications of its members and any other elected officials of the City. Section 4.04 Compensation. Members of the City Council shall serve with such compensation as determined by the City Council. An increase in compensation shall not be effective for any member of the City Council during the term for which he or she was elected and the increase was approved. Payment of expenses incurred in performance of official duty may be approved by the City Council. (Election of 5-6-89, 5-13-06) Section 4.05 Mayor and Mayor Pro-Tem. The Mayor shall be the official head of the City City government. He or she shall be the chairman and shall preside at all meetings of the City Council. The Mayor may vote only in the event of a tie. He or she shall, when authorized by the City Council, sign all official documents such as ordinances, resolutions, conveyances, grant agreements, official plats, contracts, and bonds. He or she shall appoint special committees as instructed by City Council, with committee membership to be composed of nominees by the City Council. He or she shall perform such Annotated Charter.doc 9 other duties consistent with this Charter or as may be imposed upon him or her by City Council. The Mayor shall not have veto powers. The Mayor Pro-Tem shall be a Councilmember appointed, effective each December 1 and June 1, on a six-month rotational basis in Place order, Places One through Five; provided, any Councilmember may decline to serve as Mayor Pro-Tem, and the Councilmember holding the next numeric Place shall then serve as Mayor Pro-Tem. The Mayor Pro-Tem shall act as Mayor during the absence or disability of the Mayor and in this capacity shall have the rights conferred upon the Mayor. While acting as Mayor, the Mayor Pro-Tem shall count for purposes of determining a quorum and may vote on any matter before the City Council. (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06) Section 4.06 Vacancies, Forfeiture, Filling of Vacancies. (a) Vacancies. The office of a Councilmember or the office of the Mayor shall become vacant upon his or her death, mental or physical disability, resignation, removal from office in any manner authorized by law, or forfeiture of his or her office. Determination of mental or physical disability shall be certified by two physicians qualified to practice medicine in the State. (b) Forfeiture. The Mayor or a Councilmember shall forfeit his or her office upon: (1) Final conviction of a felony or of an offense involving moral turpitude. (2) Ceasing to be a resident of the City. (3) Failure to regularly attend City Council meetings without good cause. Good cause shall be illness or temporary disability, absence from the City, or family emergency. There shall be a presumption of failure to regularly attend when more than three consecutive regular meetings are missed. (Election of 5-6-89, 5-3-97, 5-13-06) (c) Filling Vacancies. (1) In the event of a single vacancy in the City Council, if there are 365 days or more remaining on the term of the vacated City Council position, the City Council shall call a special election to fill such vacancy. If there are less than 365 days remaining in the term of the vacated City Council position, the City Council may, by majority vote of the remaining Councilmembers, at its discretion appoint a new Mayor or Councilmember to fill such vacancy or call a special election to fill such vacancy. (2) When more than one vacancy on the City Council shall exist at any time, a special election to fill such vacancies shall be called by the City Council. (Election of 5-13-06) Annotated Charter.doc 10 Section 4.07 Prohibitions (a) Holding other Office. No Mayor or Councilmember shall hold any other public office or employment with the City nor have any financial interest, directly or indirectly, in any City contract or transaction; and no former Mayor or Councilmember shall hold any compensated [appointive] City office or employment until two (2) years after the expiration of the term for which he or she was elected to the City Council. (b) Appointments and Removals. Neither the City Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officer or employee whom the City Manager or any of his or her subordinates are empowered to appoint, unless otherwise provided in this Charter, but the City Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees. (c) Interference with Administration. Except for the purpose of inquiries, unless otherwise provided in this Charter, the City Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately. (d) Admission of Liability. Neither the City Council nor any of its members or employees of the City shall accept or admit liability or pay any claim for damages asserted against the City without first obtaining a written opinion from the City Attorney regarding the City’s liability therein. (Election of 5-6-89, 5-3-97, 5-13-06) Section 4.08 Powers of the City Council. All City powers shall be vested in the City Council, except as otherwise provided by law or this Charter. (Election of 5-13-06) Section 4.09 Meetings and Procedure. (a) Date, Time, Place, and Notice. The City Council shall meet at least once each month at a time and place prescribed by ordinance. Special meetings may be called called by the Mayor, the City Manager, or on application of three Councilmembers. Written notice of the date, place and subject of each meeting shall be posted in the City Hall and written notice of no less than twelve hours (two hours in the event of an emergency meeting of the City Council) shall be given to each Councilmember. (b) Open Meetings. Meetings shall be open to the public in accordance with applicable State law. (c) Quorum. Three Councilmembers (excluding the Mayor) shall constitute a quorum, and no action shall be valid unless adopted by the affirmative vote of [three or more members of the City Council] a majority of Councilmembers present, subject to the Annotated Charter.doc 11 Mayor’s right to vote in the event of a tie. If the Mayor Pro-Tem is presiding, he or she shall be counted for purposes of determining a quorum. (d) Rules of Procedure. The City Council shall, by ordinance, determine its own rules and order of business, provided, however, that the citizens of the City shall have a reasonable opportunity to be heard at any meeting with regard to any matter relevant to the government of the City except at such meetings of the City Council as may be closed to the public as permitted by State law. Provision shall be made for the taking of minutes, which minutes shall be a public record. Voting, except on procedural matters, shall be by roll call and the ayes and nays shall be recorded in the minutes. (e) Passage of Ordinances and Resolutions. Ordinances and resolutions shall be introduced to the City Council only in written or printed form. The subject or subjects of all ordinances and resolutions shall be clearly expressed in the title. Except as may otherwise be prescribed in in this Charter, an ordinance shall not be passed at the meeting of the City Council at which it is first introduced, but instead the ordinance or its caption shall be read, and the City Council will determine whether it shall be rejected or further considered at a subsequent meeting of the City Council. If rejected, no further action shall be required. The City Council must take second and final consideration of any ordinance not later than sixty days after the first reading of such ordinance. Notwithstanding the foregoing provisions, if the City Council, by a vote of not less than two-thirds of the members present at the meeting at which an ordinance is first introduced, determines that an emergency exists requiring immediate action, such ordinance may then be voted upon and rejected or passed at that meeting. The “ayes” and “nays” shall be taken upon the passage of all ordinances and resolutions and entered in the minutes of the City Council. The affirmative vote of [three or more members of the City Council] a majority of Councilmembers present, subject to the Mayor’s right to vote in the event of a tie is required to enact any ordinance or resolution. The Mayor shall vote only in the event of a tie; the Mayor Pro-Tem may vote on any matter being considered by the City Council. The enacting clause of all ordinances shall be, “BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS”, and every ordinance shall be authenticated by the signature of the Mayor (or in his absence, the Mayor Pro-Tem) and the City Secretary and shall be systematically recorded and indexed in an ordinance book in a manner approved by the City Council. (1) Franchise ordinances. All ordinances granting, confirming, extending, renewing or amending a franchise shall be accepted in writing by the grantees [and before taking effect shall be published as otherwise provided in this Charter]. (2) Effective date. Every ordinance passed by the City Council shall be enrolled by the City Secretary as soon as practicable after its passage. If the ordinance was published, he or she shall note the time and place of publication which shall be prima facie proof of publication thereof. The affidavit by the printer or publisher shall also be prima facie proof of the publication. Enrollment of an ordinance shall be prima facie proof of its legal adoption and effect. Annotated Charter.doc 12 (3) Codification of ordinances. The City Council shall have the power to cause the ordinances of the City to be corrected, amended, revised, codified and printed in code form as often as the City Council deems advisable, and such printed code, when adopted by the City Council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. All printed ordinances or codes of ordinances shall be admitted as evidence in all courts without further proof and shall have the same force and effect as did the original ordinance. (Election of 5-6-89, 5-3-97, 5-13-06) Section 4.10 Inquiry Powers. The City Council shall have the authority to inquire into the affairs of the City and the conduct of any City department, office, or agency. (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06) [End of Article IV] Annotated Charter.doc 13 [This page intentionally left blank.] Annotated Charter.doc 14 ARTICLE V CITY MANAGER Section 5.01 Appointment; Qualifications; Compensation. The City Council shall appoint a City Manager and fix his or her compensation. He or she shall be chosen on the basis of his or her executive and administrative training, experience, ability and character. He or she need not be a resident of the City or State at the time of his or her appointment, but he or she must agree, prior to such appointment, to become a resident of the City within four months after the date of his or her appointment. If he or she thereafter fails to become a resident of the City within that four-month period, he or she shall be deemed to have forfeited his or her appointment and the office shall be declared vacant [by announcement of the Mayor] at the first meeting of the City Council following the expiration of the four-month period. The City Manager shall serve at the will and pleasure of the City Council. He or she shall be employed for or relieved from his or her duties by a vote of a majority of the members of the entire City Council. [On the recommendation of the City Manager, the City Council] The City Manager may appoint one or more Assistant City Managers and set the compensation for such appointees. (Election of 5-6-89, 5-3-97, 5-13-06) Section 5.02 Acting City Manager. [By letter filed with the City Secretary] the City Manager shall designate, subject to approval of the City Council, a qualified City administrative officer to exercise the powers and perform the duties of City Manager during his or her temporary absence or disability. During any vacancy in the office of City Manager, the City Council may appoint an Acting City Manager to perform the duties of City Manager. During such absence, disability, or vacancy, the City Council may revoke such designation at any time and appoint another officer of the City to serve as Acting City Manager until the City Manager shall return or his or her disability shall cease or such vacancy is filled. (Election of 5-6-89, 5-13-06) Section 5.03 Powers and Duties of City Manager. The City Manager shall be the chief administrative officer of the City. He or she shall be responsible to the City Council for the administration of all City affairs placed in his or her charge by or under this Charter. He or she shall have the following powers and duties: (a) He or she shall appoint and, when he or she deems it necessary for the good of the City, suspend or remove City employees and appointive administrative officers provided for, by or under this Charter, except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter. He or she may authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency. (b) He or she shall direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law. Annotated Charter.doc 15 (c) He or she shall attend all City Council meetings and shall have the right to take part in discussion but may not vote. (d) He or she shall see that all laws, provisions of this Charter and acts of the City Council, subject to enforcement by him or her or by officers subject to his or her direction and supervision, are faithfully executed. (e) He or she shall prepare and submit the annual budget and capital program to the City Council. (f) He or she shall submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year. (g) He or she shall make such other reports as the City Council may require concerning the operations of City departments, offices and agencies subject to his or her direction and supervision. (h) He or she shall keep the City Council fully advised as to the financial condition and future needs of the City and make such recommendations to the City Council concerning the affairs of the City. (i) He or she shall perform such other duties as are specified in this Charter or may be required by the City Council. (j) He or she shall keep a written inventory of all real property and all permanent equipment belonging to the City, said inventory to be subject to annual audit. A system shall be established to control the use and replacement of expendable items. (k) He or she shall have the authority to sign documents in the name of the City as authorized by the City Council. (Election of 4-7-79, 5-6-89, 5-13-06) [End of Article V] Annotated Charter.doc 16 ARTICLE VI OTHER DEPARTMENTS, OFFICES OR AGENCIES Section 6.01 General Provisions. (a) Creation of Departments. The City Council may continue, discontinue or establish City departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices and agencies. (b) Direction by City Manager. All departments, offices and agencies under the direction and supervision of the City Manager shall be administered by an officer appointed by and subject to the direction and supervision of the City Manager. With the consent of the City Council, the City Manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them. (Election of 4-7-79, 5-13-06) Section 6.02 Personnel Rules. The City Manager shall be responsible for the preparation of personnel rules, which rules shall be submitted by him or her to the City Council. The City Council may accept and adopt such rules as proposed or may adopt them with such amendments as the City Council deems necessary or may reject them in their entirety and direct the City Manager to further consider the rules and present new proposals at a subsequent meeting. (Election of 5-6-89, 5-13-06) Section 6.03 City Attorney. The City Council shall appoint a City Attorney for an indefinite term and fix his or her compensation. The City Attorney must be a member of the State Bar of Texas. He or she shall serve as chief legal advisor to the City, including the City Council, and, subject to applicable rules of the State Bar of Texas, the City Manager, supervisors of City departments and other City officers and agencies. He or she shall represent the City in all legal proceedings and shall perform any other duties prescribed by this Charter, ordinances of the City, or State laws. The City Council may retain an additional attorney or attorneys for the City when the City Attorney is absent or as other circumstances require. (Election of 5-6-89, 5-13-06) Section 6.04 Judge of the Municipal Court. The City Council shall establish a Municipal Court and shall appoint a Judge (and may appoint one or more deputy Judges) of the Municipal Court of the City and fix his or her compensation. Sessions of the Municipal Court shall be held at such times as may be determined by the Judge of the Municipal Court. When the Judge is absent, disabled or unable to perform his or her duties for any cause, or his or her office becomes vacant by reason of death, removal or resignation and no deputy Judge has been appointed, the City Council may appoint a special Judge of said court who shall serve until the Judge of said court returns to his or her duties or a successor is appointed and Annotated Charter.doc 17 qualifies or a deputy Judge is appointed and qualifies. (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06) Section 6.05 Terms of Office of City Attorney and Municipal Judge. Neither the City Attorney nor the Judge of the Municipal Court shall have any specified term of office, but each shall serve at the will and pleasure of the City Council. Either of such officers may be appointed to or relieved from office by [a majority vote of] the City Council. Section 6.06 City Secretary. The City Council shall appoint a City Secretary and his/her deputy or deputies who shall act as Secretary of the City Council and who shall hold office at the pleasure of the City Council. The City Secretary shall be the clerical officer of the City Council, and shall keep the minutes, agenda, ordinances and other official records of the City Council and the City. The City Secretary shall be the custodian of the official seal of the City, and shall have such other duties and powers prescribed in this Charter and by the City Council. The City Council will set the compensation for the City Secretary. The City Secretary shall report administratively to the City Manager but may be removed from office [only] by the City Council. (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06) Section 6.07 Tax Assessor-Collector. (a) Office of Taxation. There shall be established an office of Taxation, the head of which shall be the City Assessor-Collector of Taxes. This office shall be filled by appointment by the City Manager. [The Assessor-Collector shall give a surety bond for the faithful performance of his or her duties including compliance with all controlling provisions of the State law bearing upon the functions of his or her office in a sum which shall be fixed by the City Council but in no event shall the amount be less than twenty thousand dollars, the cost to be borne by the City]. The City Council may, in the interest of economy and efficiency, contract with an individual or another political subdivision as Assessor-Collector to handle the assessment and/or collection of taxes, and no separate Assessor-Collector need be appointed in such case. (b) Power to Levy, Assess and Collect Taxes. The City shall have the power to assess, levy and collect an annual tax upon taxable property within the City not to exceed the maximum provided by the Constitution and general laws of the State. (c) Taxes, When Due and Payable. All taxes due the City shall be payable at the Office of the Assessor-Collector and may be paid at any time after the tax rolls for the year have been completed and approved, which shall be not later than October first. Taxes shall be paid before February 1, and all such taxes not paid prior to such date shall be deemed delinquent and shall be subject to such penalty and interest as authorized by applicable State law. The City Council may, by ordinance, provide a discount for prompt payment of current taxes. The City Council may contract with an attorney or attorneys for the collection of delinquent taxes as authorized by applicable State law. Annotated Charter.doc 18 (d) Arrears of Taxes Offset of Debt Against City. The City shall be entitled to counterclaim and offset against any debt, claim, demand or account owed by the City to any person, partnership, association or corporation who is in arrears to the City for taxes, in the amount of taxes so in arrears, and no assignment or transfer of such debt, claim, demand or account after the said taxes are due, shall affect the right of the City to so offset the said taxes against the same. (e) Tax Remissions, Discounts and Compromises. Neither the City Manager nor the City Council shall have the right to forgive any current or delinquent taxes or penalty and interest except in cases of error or otherwise as permitted by State law. (Election of 5-6-89, 5-3-97, 5-13-06) [End of Article VI] Annotated Charter.doc 19 [This page intentionally left blank.] Annotated Charter.doc 20 ARTICLE VII FINANCIAL PROCEDURES Section 7.01 Fiscal Year. The fiscal year of the City shall begin on the first day of October and end on the last day of the following September. (Election of 5-13-06) Section 7.02 Submission of Budget. The City Manager shall submit to the City Council a budget for the ensuing fiscal year and an accompanying message not later than sixty days prior to the beginning of each fiscal year. (Election of 5-13-06) Section 7.03 Budget Message. The City Manager’s budget message shall outline the proposed financial policies of the City for the ensuing fiscal year; describe the important features of the budget; indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes; and summarize the City’s debt position and include such other material as the City Manager deems desirable. (Election of 4-7-79, 5-6-89, 5-13-06) Section 7.04 Budget Contents. The budget shall provide a complete financial plan for the ensuing fiscal year. It shall contain the following: (a) A budget message. (b) A consolidated statement of receipts and expenditures for all funds. (c) An analysis of property valuations. (d) An analysis of tax rate. (e) Tax levies and tax collections by years for the preceding five years. (f) General fund resources and all other fund resources in detail. (g) Summary of proposed expenditures by function, department and activity. (h) Summary of proposed expenditures by character and object. (i) Detailed estimates of expenditures shown separately for each activity to support the summaries mentioned in (g) and (h) above. Such estimates of expenditures are to include an itemization of positions showing the number of persons having each title and the rate of pay. Annotated Charter.doc 21 (j) A revenue and expense statement for all types of bonds. (k) A description of all bond issues outstanding, showing rate of interest, date of issue, maturity date, call date, if any, amount authorized, amount issued, and amount outstanding. (l) A schedule of requirements for the principal and interest on each issue of bonds. (m) A special funds section. (n) The appropriation ordinance. The total estimated expenditures of each fund shall not exceed the total estimated resources of each fund’s prospective income plus cash on hand. The classification of revenues and expenditure accounts shall conform as nearly as local conditions will permit to the uniform classification as promulgated by the national committee on municipal accounting or some other nationally accepted classification. (Election of 4-7-79, 5-13-06) Section 7.05 Capital Improvements Program. The City Manager may prepare and submit to the City Council a [five year] capital improvements program on his or her own initiative and shall do so when so so directed by the City Council. (Election of 4-7-79, 5-6-89, 5-13-06) Section 7.06 City Council Action on Budget. (a) Notice and hearing. The City Council shall have published as set forth in applicable State law a general summary of the budget and a notice stating: (1) the time and places where copies of the message and budget are available for inspection by the public, and (2) the time and place for a public hearing on the budget. (b) Amendment before Adoption. After the public hearing, the City Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than the total of estimated income. (c) Adoption. The City Council should adopt the budget, with or without amendments, after public hearings and before the first day of the ensuing fiscal year. Should the City Council take no final action, amounts appropriated for the current fiscal year shall be deemed adopted on a month to month basis. Final adoption shall constitute appropriation of the expenditures proposed from funds so indicated. (Election of 5-6-89, 5-13-06) Annotated Charter.doc 22 Section 7.07 Amendments After Adoption. (a) Supplemental Appropriations. If, during the fiscal year, the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the City Council may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, the City Council may make emergency appropriations. To the extent that there are no available unappropriated revenues to meet such appropriations, the City Council may by such ordinances authorize the issuance of emergency notes in accordance with applicable State law, which emergency notes may be renewed as necessary in accordance with applicable State law. (c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the City Manager that the revenues available will be insufficient to meet the amount appropriated, he or she shall report to the City Council without delay, indicating the estimated amount of the deficit, any remedial action taken by him or her and his or her recommendations as to any other steps to be taken. The City Council shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may reduce one or more appropriations. (d) Transfer of Appropriations. Upon written request by the City Manager, the City Council may transfer part or all of any unencumbered appropriated balance among programs within a department, office or agency, or from departments, offices or agencies. (e) Limitations; Effective Date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below the amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this Section may be made effective immediately upon adoption. (Election of 4-7-79, 5-6-89, 5-13-06) Section 7.08 Purchase Procedures. The City Manager shall be responsible for the preparation of purchase procedures, and the procedures shall be submitted by him or her to the City Council. The City Council may accept and adopt such procedures as proposed or may adopt them with such amendments as the City Council deems necessary or may reject them in their entirety and direct the City Manager to further consider the procedures and present new proposals at a subsequent meeting. The purchase procedures may be reviewed periodically. (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06) Section 7.09 Lapse of Appropriations. Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has been expended or encumbered. An appropriation Annotated Charter.doc 23 for capital expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if three years pass without any disbursement from or encumbrance of the appropriation. Section 7.10 Director of Finance. (a) Appointment; Surety Bond. There shall be a department of finance, the head of which shall be the City Manager or his designee [who shall provide a bond with such surety and amount as the City Council may require, except that such bond shall be in an amount of not less than twenty thousand dollars, the cost to be borne by the City]. (b) Power and Duties. The City Manager shall have charge of the administration of the financial affairs of the City, and to that end he or she shall supervise the head of the department of finance (if other than the City Manager) and shall have authority and shall be required to: (1) Compile the estimates of revenues and expenditures for the budget. (2) Supervise and be responsible for the disbursement of all money and have control over all expenditures to ensure that budget appropriations are not exceeded. Disbursement from the City’s depository bank will require two signatures. (3) Maintain a general accounting system for the City and each of its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, department and agency; keep separate accounts for the items of appropriation, the amounts paid therefrom, the unpaid obligations against it and the encumbered balance; and require reports of receipts and disbursements from each receiving and spending agency of the City to be made daily or at such intervals as he or she may deem expedient. (4) Submit to the City Council a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City. (5) Prepare, as of the end of each fiscal year, a complete financial statement and report. (6) Supervise and be responsible for the collection of all taxes, special assessments, license fees and other revenues of the City or for whose collection the City is responsible and receive all money receivable by the City from the State or federal government, or from any court, or from any office, department or agency of the City. (7) Serve as Ex-Officio City Treasurer and have custody of all public funds belonging to or under the control of the City, or any office, department or agency of the City, and have deposited daily all funds coming into his or her hands in such depository(s) as may be designated by resolution of the City Council, as determined by subsection (11) below. Annotated Charter.doc 24 (8) Have custody of all investments and invested funds of the City, or in possession of such government in a fiduciary capacity, and have the safekeeping of all bonds and notes of the City and the receipt and delivery of City bonds and notes for transfer, registration or exchange. (9) Supervise and be responsible for the purchase, storage and distribution of all supplies, material, equipment and other articles used by any office, department or agency of the City. (10) Approve all proposed expenditures. No appropriation shall be encumbered and no expenditure shall be made unless he or she shall certify that there is an unencumbered balance of appropriation and available funds. (11) [Negotiate with all eligible bank(s), within thirty days from October first of each biennium and after advertising as required by applicable State law for depository bids for the bank(s) to serve as City depository for all available funds except reserve funds for bonds for the next two years, or until such time as the successor depository(s) has been selected. The City Manager shall take into consideration in such negotiations the most favorable interest rates that can be obtained in the interest of the City on certificates of deposit for funds invested, and also on funds borrowed. The City Manager shall also take into consideration the services offered by the prospective depository(s) in serving the banking needs of the City, and shall make a recommendation to the City Council as to the results of his or her negotiations. The City Council shall approve which bank(s) is to serve as the city depository(s) during the next biennium. If the City Manager and the City Council determine that a satisfactory depository contract cannot be entered into with the local bank(s), then the City Manager may advertise as set forth in applicable State law a request for sealed bids by banks to act as City depository for the next two years and the City Council shall, prior to December first of each biennium as stated above, select one of the banks to serve as City depository. The bank(s) that has been selected to be the City depository(s) shall have adequate security pledged at all times to protect all City funds.] (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06) Section 7.11 Audit. The City Council shall cause an annual audit to be made of the books and accounts of each department of the City and shall have an annual financial statement prepared based on the audit. A complete audit shall be made at the end of each fiscal year, and at such other times as may be necessary, by an independent Certified Public Accountant who shall be selected by the City Council. The annual financial statement, including the auditor’s opinion, shall be filed with the City Secretary and shall be available for public inspection. The auditor selected shall not maintain or keep any of the City accounts or records. (Election of 5-3-97, 5-13-06) [End of Article VII] Annotated Charter.doc 25 [This page intentionally left blank.] Annotated Charter.doc 26 ARTICLE VIII PLANNING, ZONING AND ADJUSTMENTS Section 8.01 Planning and Zoning Commission. There shall be a Planning and Zoning Commission, composed of five or more members as determined and appointed by the City Council. Any such Commission shall be responsible for exercising planning and zoning functions as may now or hereafter be required or authorized by statutes of the State or ordinances of the City. Members shall be [qualified] registered voters[,] and residents of [and own real property within] the City. (Election of 4-7-79, 5-3-97) Section 8.02 Board of Adjustment. The City Council may establish a Board of Adjustment in accordance with the applicable laws of the State. (Election of 5-7-94, 5-3-97, 5-13-06) [End of Article VIII] Annotated Charter.doc 27 [This page intentionally left blank.] Annotated Charter.doc 28 ARTICLE IX NOMINATIONS AND ELECTIONS Section 9.01 City Elections. (a) Regular Elections. The regular City election shall be held on the first Saturday of May in each calendar year or in accordance with applicable State law. (b) Qualified Voters. All citizens qualified by the Constitution and general laws of the State to vote in the City and who satisfy the requirements for registration prescribed by law shall be qualified voters of the City within the meaning of this Charter. (c) Conduct of elections. The provisions of the general election laws of the State shall apply to elections held under this Charter. All elections provided for by the Charter shall be conducted by the election authorities established by law. For the conduct of City elections the City Council shall adopt all regulations which it considers desirable, consistent with the law, and this Charter. (d) Time of Elections. Regular and special elections may be conducted only on the dates permitted by applicable State law. (Election of 4-7-79, 5-6-6-89, 5-3-97, 5-13-06) Section 9.02 Candidates. Any person having the qualifications set forth for Mayor or Councilmember under Section 4.02 of this Charter shall have the right to file an application to have his or her name placed on the official ballot as a candidate for any one elective office such as Mayor, Councilmember -Place One, Councilmember -Place Two, etc. Such application, in writing, shall include the candidate’s name, address, telephone number, date of birth, and date of residency, shall be signed by such candidate and accompanied by his or her loyalty affidavit and a statement that the candidate is aware of applicable State nepotism laws, as prescribed by Texas Election Code, and shall be filed with the City Secretary or appropriate authority within the time period required by applicable State law. A filing fee of five dollars, or such other amount as may hereafter be set by the City Council, must be paid to the City Secretary by each candidate upon presentation of his or her application. The The filing fee shall be waived if the candidate states in writing that payment thereof will constitute a financial hardship. (Election of 5-6-89, 5-3-97, 5-13-06) Section 9.03 Determination of Election Results. At any regular or special municipal election the candidate for each office, such as Mayor, Councilmember-Place One, etc., who shall have received the [greater number of] most votes for each office cast in such election, shall be declared elected. In the event a tie vote makes it impossible to determine the winning candidate or candidates, resolution of such tie shall be decided as provided in the Texas Election Code. (Election of 5-6-89, 5-13-06) Annotated Charter.doc 29 Section 9.04 City Council Ballots. The names of all candidates for office, except such as may have withdrawn, died or became ineligible, shall be printed on the official ballots in the order of Mayor, Councilmember-Place One, etc., without party designation, and the order of listing the candidates’ names for each such office shall be determined in a drawing of lots conducted by the City Secretary. Early voting shall be governed by the general election laws of the State. (Election of 5-6-89, 5-3-97, 5-13-06) Section 9.05 Ballots for Ordinances and Charter Amendments. An ordinance or Charter amendment to be voted on by the City shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement, describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: “Shall the above described (ordinance) (amendment) be adopted?” Immediately below such question shall appear, in the following order, the words “yes” and “no”. Ballots shall include voting instructions. (Election of 5-13-06) [End of Article IX] Annotated Charter.doc 30 ARTICLE X INITIATIVE, REFERENDUM AND RECALL Section 10.01 General Authority. (a) Initiative. The qualified voters of the City shall have power to propose ordinances to the City Council. If the City Council fails to adopt an ordinance so proposed without any change in substance, the qualified voters shall have the power to adopt or reject it at a City election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of City officers or employees. (b) Referendum. The qualified voters of the City shall have power to require reconsideration by the City Council of any adopted ordinance. If the City Council fails to repeal an ordinance so reconsidered, the qualified voters shall have the power to approve or reject it at a City election, provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes. (c) Recall. The The qualified voters of the City shall have the power to petition for recall of the Mayor or any member of the City Council by name and Place. (Election of 4-7-79, 5-13-06) Section 10.02 Commencement of Proceedings; Petitioners’ Committee; Affidavit. Any five qualified voters may commence initiative, referendum or recall proceedings by filing with the City Secretary an affidavit stating they will constitute the petitioners’ committee and will circulate the petition and file it in proper form stating their names and addresses and specifying the address to which all notices to the committee are to be sent and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. The affidavit for recall must distinctly and specifically state the reason or reasons for which the petition for recall is predicated and include the other requirements set forth in Section 10.06(b). Promptly after the affidavit of the petitioners’ committee is filed, the City Secretary shall issue the appropriate petition blanks to the petitioners’ committee. (Election of 4-7-79, 5-13-06) Section 10.03 Petitions. (a) Number of Signatures. Initiative, referendum, or recall petitions must be signed by qualified voters of the City equal in number to at least fifty (50) percent of the total number of qualified voters who voted at the last Mayoral election, but no less than three hundred (300). (b) Form and Content. All pages of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. For a petition signature to be valid, the petition must: Annotated Charter.doc 31 (1) contain in addition to the signature: (A) the signor’s printed name; and (B) the signor’s (i) date of birth; or (ii) voter registration number and the County of voter registration; and (C) the signor’s residence address (including street address and County of voter registration); and (2) comply with any other applicable requirements prescribed by State law. Petitions shall contain or have attached thereto throughout their circulation the full text of the proposed ordinance or other subject matter of the petition. A recall petition must distinctly and specifically state the reason or reasons upon which the petition is predicated. (c) Affidavit of Circulator. Each page of a petition shall have attached to it when filed the following notarized affidavit, with all blanks properly completed: “STATE OF TEXAS § CITY OF SCHERTZ § I, _________________________________________, being first duly sworn, on oath confirm that (i) I am one of the signers of the above petition, (ii) I personally circulated the foregoing foregoing page of said petition, (iii) there are __ signatures on such page, (iv) each of the signatures appearing on such page was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and (vi) each signer had an opportunity to read the full text of the ordinance or other subject matter of the petition. Sworn and subscribed to before me, this the ______ day of ____________, 20__. Signed and Sealed by a Notary Public in and for State of Texas” (d) Filing Recall Petition. Recall petitions shall be initiated and filed with the City Secretary within sixty days after the petitioners’ committee files its affidavit. (e) Filing Referendum Petitions. Referendum petitions must be filed within sixty days after adoption by the City Council of the ordinance sought to be reconsidered. (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06) Section 10.04 Procedure After Filing. (a) Certificate of City Secretary; Amendment. Within twenty days after the petition is filed, the City Secretary shall complete a certificate as to its sufficiency, specifying, if it is Annotated Charter.doc 32 insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners’ committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners’ committee files a notice of intention to amend it with the City Secretary within two days after receiving the copy of his or her certificate and files a supplementary petition upon additional papers within ten days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of Section 10.03, and within five days after it is filed, the City Secretary shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners’ committee by registered mail as in the case of an original petition. If a petition or amended petition is certified insufficient and the petitioners’ committee does not elect to amend or request City Council to review under subsection (b) of this Section within the time required, the City Secretary shall promptly present his or her certificate to the City Council and the certificate shall then be a final determination as to the sufficiency of the petition. (b) City Council Review. If a petition has been certified insufficient and the petitioners’ committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the City Council. The City Council shall review the certificate at its next meeting following the filing of such request for which notice may be properly given under State law and approve or disapprove it, and the City Council’s determination shall then be a final determination as to the sufficiency of the petition. (c) Court Review; New Petition. A final determination as to the sufficiency of a petition petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. (Election of 5-6-89, 5-13-06) Section 10.05 Referendum Petitions; Suspension of Effect of Ordinance. When a referendum petition complying with all the provisions of Sections 10.03 and 10.04 is filed with the City Secretary the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (a) there is a final determination of insufficiency of the petition, or (b) the petitioner’s committee withdraws the petition, or (c) the City Council repeals the ordinance, or (d) voters sustain the ordinance in an election. Section 10.06 Action on Petitions. (a) Action by City Council on Initiative or Referendum. When an initiative or referendum petition has been fully determined sufficient, the City Council shall promptly consider[’] the proposed initiative ordinance in the manner provided in Article IV or reconsider Annotated Charter.doc 33 the referred ordinance by voting its repeal. If the City Council fails to adopt a proposed initiative ordinance without any change in substance within sixty days or fails to repeal the referred ordinance within thirty days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City at a special election. (b) Action by City Council on Petition for Recall. The recall petition must be addressed to the City Council of the City, must distinctly and specifically point out the ground or grounds upon which such petition for removal is predicated, and, if there be more than one ground, such as for incompetency, misconduct or malfeasance in office, shall specifically state each ground with such certainty as to give the officer sought to be removed notice of the matters and things with which he or she is charged. The officer whose removal is sought may, within five days after such recall petition has been presented to the City Council request that a public hearing be held to permit him or her to present facts pertinent to the charges specified in the recall petition. In this event, the City Council shall order such public hearing to be held, not less than five days nor more than fifteen days after receiving such request for a public hearing. If the officer whose removal is sought does not resign, then it shall become the duty of the City Council to order a recall election and fix a date for holding such recall election. (c) Submission to voters. The special election on a proposed or referred ordinance or petition for recall shall be held on the earliest date permitted by State and federal law after the date of the final City Council vote thereon. Copies of the proposed or referred ordinance shall be made available at the polls. (Election of 5-3-97, 5-13-06) Section 10.07 Results of Election. (a) Initiative. If a majority of the qualified voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the City Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendum. If a majority of the qualified voters voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. (c) Recall. If a majority of the votes cast at a recall election shall be against the recall of the person named on the ballot, he or she shall continue in office for the remainder of his or her unexpired term. If a majority of the votes cast at such election shall be for the recall of the person named on the ballot, he or she shall be deemed removed from office and the vacancy shall be filled as provided in Section 4.06(c) of this Charter. (Election of 5-6-89, 5-3-97, 5-13-06) Annotated Charter.doc 34 Section 10.08 Limitation on Recall. No Councilmember shall be subject to recall within six months of his or her election to office nor more than once during one term of office. A recall election need not be ordered by the City Council against any Councilmember on whom a petition is filed if his or her term of office is to expire within ninety days after the petition is filed with the City Secretary. (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06) [End of Article X] Annotated Charter.doc 35 [This page intentionally left blank.] Annotated Charter.doc 36 ARTICLE XI PUBLIC UTILITIES Section 11.01 Powers of the City. The City shall have such powers with respect to public utilities as may now or hereafter be granted and defined under the Constitution and the general laws of the State. The City shall have the power through eminent domain proceedings to acquire any public utility operating with or without a franchise and furnishing a public service to the citizens of the City. In valuing the property, the measure of damages shall be the fair market value of the physical properties together with its franchise, if any, taken together as one system. This power shall be in addition to and cumulative of any other powers of acquisition granted to or reserved by the City in a franchise ordinance. Prior to the purchase of any existing franchised public utility system, either according to the terms of the franchise or by eminent domain, the City Council must submit the question of the purchase to the qualified voters of the City, and the same must be approved by a majority of those voting in such election. (Election of 5-6-89, 5-3-97, 5-13-06) Section 11.02 Franchises. The City Council shall have power by ordinance to grant, renew and extend all franchises of public utilities of every character operating within the City, and for such purpose is granted full power. The term “public utilities” as used herein is construed to mean any person, firm or corporation furnishing to the public any general public service, including, but not limited to heat, light, power, telephone service, community antenna or cable television service, refrigeration, steam, and the carrying of passengers for hire, or for any other purpose whereby a right to, in part, appropriate or use the streets, highways, or other property of the City is necessary or proper. All ordinances granting, renewing, or extending franchises for public utilities shall be read at two separate regular meetings of the City Council and shall not be passed until thirty days after the first reading; and no such ordinance shall take effect until thirty days after its passage[; and, during such thirty day period, the full text of such ordinance shall be published once each week for two consecutive weeks in the official newspaper of the City, and the expense of such publication shall be borne by the proponent of the franchise]. (Election of 5-13-06) Section 11.03 Franchise Value Not To Be Allowed. In fixing reasonable rates and charges for utility service within the City, nothing shall be included as the value of any franchise granted by the City under this Charter. Section 11.04 Right of Regulation. All grants, renewals, or extensions of public utility franchises, whether it be so provided in the franchise ordinance or not, shall be subject to the right of the City: Annotated Charter.doc 37 (a) To require compliance with the terms of the franchise. (b) To require reasonable extensions of plant and service, and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. (c) To establish reasonable standards of service and prevent unjust discrimination in service or rates. (d) To prescribe, for each franchised utility, the form of accounts to be kept or that the system of accounts shall conform to those prescribed by the appropriate State and/or federal utility regulatory agencies. (e) At any time to require annual and other reports by each such public utility pertaining to sales and operations within the City. (f) To impose such reasonable regulations and restrictions as may be desirable or conducive to the safety, welfare, and accommodation of the public. (g) To require such compensation and rental as may be permitted or not be prohibited by the laws of the State. (h) To forfeit by ordinance any franchise at any time upon the failure of the grantee to comply with any provision of the franchise, such power to be exercised only after notice and hearing and under the conditions hereinafter provided; provided, however, that action may be taken hereunder only after the City has given to the grantee written notice of the particular or particulars in which it is claimed that the grantee is in default, and the grantee shall have a reasonable time after receipt of such notice, which time in no event shall be less than thirty days, to cure such alleged default or defaults; after the expiration of which time if said default or defaults are not cured the City may, at its option, by ordinance declare the franchise forfeited; and provided further, that such forfeiture shall, however, be subject to the orders of any court of competent jurisdiction in which the grantee may seek review of the forfeiture. (Election 4-7-79, 5-3-97, 5-13-06) Section 11.05 Franchise Records. The City shall maintain a public record of public utility franchises. (Election of 5-3-97, 5-13-06) Section 11.06 Regulations of Rates and Service. The City Council shall have full power after notice and hearing to regulate by ordinance the rates, charges, and fares of every public utility franchise holder operating in the City and of any other person, firm or corporation exercising any public privilege in the City. Every such utility or person, firm or corporation who shall request an increase in rates, charges or fares, shall have, at the hearing of the City Council called to consider such request, the burden of establishing by clear, competent and convincing evidence, the value of its investments Annotated Charter.doc 38 properly allocable to service in the City, and the amount and character of its expenses and revenues connected with the rendering of such service. Such hearing of the City Council shall be held not later than thirty days from the date of the filing of a written request for an increase in rates, charges or fares. If, upon such hearing, the City Council is not satisfied with the sufficiency of the evidence so furnished, it shall be entitled to call upon such utility, person, firm or corporation, for the furnishing of additional evidence at a subsequent date, to which said hearing may be adjourned, which adjourned hearing shall be held not later than thirty days from the date such original hearing. Upon calling for the furnishing of such additional evidence at such adjourned hearing the City Council shall have the right to select and employ, then and later, rate consultants, auditors, and attorneys to conduct investigations, present evidence, advise the City Council, and conduct litigation on such requested increase in rates, charges or fares. Such rate consultants, auditors and attorneys shall be qualified, competent, and of good standing in their professions. The City Council shall, within sixty days after the date of said adjourned hearing, determine and fix by ordinance the rates, charges, or fares to be charged by the applicant filing such request for an increase in rates, charges, or fares. No such utility, person, firm, or corporation shall institute any legal action to contest any rates, charges, or fares until the rates, charges or fares have been fixed by the City Council in accordance with the procedures herein contained; provided however, the failure of the City Council to make determination of rates, charges or fares by ordinance within the sixty day period herein specified shall be deemed a denial of the application for increase theretofore filed. Any time or times prescribed herein may be extended by resolution of the City Council and written agreement of the applicant. Upon failure of the City Council to hold any hearings or make determination of rates, charges or fares by ordinance within the times or extended times as herein provided, the request for increase shall be deemed denied, and no further action shall be prerequisite to institution of legal action by the applicant to contest such rates, charges, or fares as theretofore fixed by the City Council. (Election of 5-3-97, 5-13-06) [End of Article XI] Annotated Charter.doc 39 [This page intentionally left blank.] Annotated Charter.doc 40 ARTICLE XII GENERAL PROVISIONS Section 12.01 Personal Financial Interest. No officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or service. The above provision shall not apply where the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent of the corporation stock. Any violation of this Section shall constitute malfeasance in office, and any officer or employee of the City found guilty thereof shall thereby forfeit his or her office or position. Any violation of this Section with the knowledge, express or implied, of the person or corporation contracting with the City shall render the contract voidable by the City Manager or by the City Council. (Election of 5-13-06) Section 12.02 Prohibitions. (a) Activities Prohibited. (1) No person shall be appointed to or removed from or in any way favored or discriminated against with respect to any City position or appointive City administrative office because of race, sex, political or religious opinions or affiliations. (2) No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this Charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations. (3) No person who seeks appointment or promotion with respect to any City position or appointive City administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his test, appointment, proposed appointment, promotion or proposed promotion. (4) No [person] City employee or elected or appointed City official shall orally, by letter or otherwise solicit or assist in soliciting any assessment, subscription or contribution for any political party or political purpose whatever from any person holding any compensated [appointive] City position. (5) With respect to any campaign for election to an office in the City, no person who holds any compensated [appointive] City position shall make, solicit or receive any contribution to the campaign funds of any political party or any candidate for such office or take any part in management, affairs or political campaign of any political party, but he may exercise his rights as a citizen to express his opinions and to cast his vote. Annotated Charter.doc 41 (6) No person related within the second degree by affinity or within the third degree by consanguinity to any elected officer of the City, or to the City Manager, shall be employed by the City or be appointed to any office, position, or clerkship or other service of the City, but this prohibition shall not apply to any such person related in the prohibited degree who has been continuously employed by the City for not less than two years prior to the election or appointment of the officer. (b) Penalties. Any person who by himself or herself or with others willfully violates any of the provisions of paragraphs (a)(1) through (a)(6) of this Section shall be guilty of misconduct and shall immediately forfeit his or her office or position upon order of the City Manager or the City Council. (Election of 4-7-79, 5-6-89, 5-13-97, 5-13-06) Section 12.03 Liability for Personal Injuries or Death. The City shall be liable for money damages for personal injuries or death only to the extent required by the laws of the State. Before the City shall be liable for damages for the death or personal injuries of any person or for damages to or destruction of property of any kind, which does not constitute a taking or damaging of property under Article I, Section 17, Constitution of Texas, the person injured, if living, or his or her representative, if dead, or the owner of the property damaged or destroyed, shall give the City Council or City Manager notice in writing of such death, injury, damage or destruction, duly verified by affidavit, within forty-five days after same has been sustained, stating specifically in such written notice when, where, and how the death, injury, damage or destruction, occurred, and the apparent extent of any such injury, the amount of damages sustained, the actual residence of the claimant by street and number at the date the claim is presented, the actual residence of such claimant for six months immediately preceding the occurrence of such death, injury, damage or destruction, and the names and addresses of all witnesses upon whom it is relied to establish the claim for damages; and the failure to so notify the City Council or City Manager within the time and manner specified herein shall exonerate, excuse and exempt the City from any liability whatsoever. No act of any officer or employee of the City shall waive compliance, or stop the City from requiring compliance, with the provisions of this section as to notice, but such provisions may be waived by resolution of the City Council, passed before the expiration of the forty-five-day period herein provided, and evidenced by minutes of the City Council. (Election of 5-3-97, 5-13-06) Annotated Charter.doc 42 Section 12.04 Charter Amendment. Amendments to this Charter may be framed and submitted to the voters of the City by a charter commission in the manner provided by law, by ordinance passed by a majority vote of the full membership of the City Council, or by a petition signed by not less than five percent of the qualified voters of the City. When a charter amendment petition shall have been filed in conformity with Section 10.03 of this Charter, the City Council shall, subject to applicable law, forthwith provide by ordinance for submitting such proposed amendment to a vote of the voters of the City. Any ordinance for submitting a charter amendment to the voters shall provide for submission of such amendments to the voters in accordance with applicable law. Not less than thirty days prior to such election the City Secretary shall make available at the City offices a copy of the proposed amendment or amendments [to each qualified voter of the City]. If a proposed amendment shall be approved by a majority of the voters voting thereon, it shall become a part of the Charter at the time fixed therein. Each amendment shall be confined to one subject; and, when more than one amendment shall be submitted at the same time, they shall be submitted so as to enable the voters to vote on each separately. (Election of 4-7-79, 5-6-89, 5-3-97, 5-13-06) Section 12.05 Charter Review Commission. The City Council shall periodically appoint a Charter Review Commission of five citizens of the City. It shall be the duty of the Commission to: (a) Inquire into the operation of the City government under the Charter provisions and determine whether any such provisions require revision and to this end, public hearings may be held and the Commission shall have the power to compel the attendance of any officer or employee of the City to require the submission of any of the City records which it may may consider necessary to the conduct of such hearing. (b) Make any recommendations it considers desirable to insure compliance with the provisions of this Charter by the several departments of the City. (c) Propose amendments to this Charter to improve its effective application to current conditions. (d) Report its findings and present its proposed amendments, if any, to the City Council. The City Council shall receive any report submitted by the Charter Review Commission, may comment on any proposed amendment recommendations made, and, if any amendment or amendments are presented as a part of such report, shall order such to be submitted to the voters of the City in the manner provided in Section 12.04. The term of office of the Charter Review Commission shall be 180 days after the date of appointment of the Commission, and, if during this term no report is presented to the City Council, then all records of the proceedings of the Commission shall be filed with the City Manager and the Charter Review Commission shall be dismissed. (Election of 4-7-79, 5-3-97, 5-13-06) Section 12.06 Separability. If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of this Charter or any of its provisions to any person or circumstances is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby. (Election of 4-7-79, 5-13-06) Section 12.07 State Law. References in this Charter to “State law” shall refer to applicable provisions of State law in effect from time to time. (Election of 5-13-06) Annotated Charter.doc 43 Annotated Charter.doc 44 Section 12.08 Headings. Headings and titles of Sections and subsections of this Charter are for convenience only and shall not affect the meaning of any provisions within such Sections. (Election of 5-13-06) [End of Article XII] Current Charter Proposed Change Practice agrees with Charter State Law Supersedes Administrative Good Idea but Not a conflict ARTICLE I. NAME OF CITY AND BOUNDARIES Sec. 1.02. Boundaries; Extension, Annexation and Disannexation. (a) Boundaries. The bounds and limits of the City are hereby established and described as those which exist under authority of the current City ordinances and displayed on a map maintained by the City Secretary and those boundaries established and changed hereafter as provided; such (amended) map to be maintained hereafter by the City [Manager] and maintained in a public place. Add the word “amended” Change to “Secretary” No Yes Sec. 4.02 Qualifications The Mayor and each Councilmember must, at the time of filing for office, have attained the age of eighteen, be a [qualified] registered voter, and have been a resident of the City for at least six consecutive months immediately preceding filing for office, and not be an obligor to the City on any obligation past due, provided, however, that a person may be elected and hold office if such obligation is being actively contested in the appropriate forum. Proposed Change Delete the word “qualified” Practice agrees with Charter Yes State Law Supersedes Administrative Yes/No Good Idea but Not a conflict Sec. 4.05. Mayor and Mayor Pro-Tem. While acting as Mayor, the Mayor Pro-Tem (shall count for purposes of determining a quorum and) may vote on any matter before the City Council. Add this phrase “shall count for purposes of determining a quorum and” Yes Yes Yes Sec. 4.06. Vacancies, Forfeiture, Filling of Vacancies. (c) Filling vacancies. (1) In the event of a single vacancy in the City Council, if there are 365 days or more remaining on the term of the vacated City Council position, the City Council shall call a special election to fill such vacancy. If there are less than 365 days remaining in the term of the vacated City Council position, the City Council may, by majority vote of the remaining Councilmembers, at its discretion appoint a new (Mayor or) Councilmember to fill such vacancy or call a special election to fill such vacancy. Proposed Change Add “Mayor or” Practice agrees with Charter Yes State Law Supersedes Administrative Yes Good Idea but Not a conflict Sec. 4.07. Prohibitions. (a) Holding other office. No Mayor or Councilmember shall hold any other public office or employment with the City nor have any financial interest, directly or indirectly, in any City contract or transaction; and no former Mayor or Councilmember shall hold any compensated [appointive] City office or employment until two (2) years after the expiration of the term for which he or she was elected to the City Council. Proposed Change Delete the word “appointive” Practice agrees with Charter Yes State Law Supersedes Administrative Yes Good Idea but Not a conflict Sec. 4.09. Meetings and Procedure. (c) Quorum. Three Councilmembers (excluding the Mayor) shall constitute a quorum, and no action shall be valid unless adopted by the affirmative vote of [three or more members of the City Council]. If the Mayor Pro-Tem is presiding, he or she shall be counted for purposes of determining a quorum. Change to “a majority of Councilmembers present, subject to the Mayor’s right to vote in the event of a tie”. Yes No Yes Sec. 4.09. Meetings and Procedure. (e) Passage of ordinances and resolutions. The affirmative vote of [three or more members of the City Change to “a majority of Councilmembers present, subject to the Mayor’s right to Yes No Yes Council] is required to enact any ordinance or resolution. Sec. 4.09. Meetings and Procedure. (1) Franchise ordinances. All ordinances granting, confirming, extending, renewing or amending a franchise shall be accepted in writing by the grantees [and before taking effect shall be published as otherwise provided in this Charter.] Proposed Change vote in the event of a tie”) Delete this phase Practice agrees with Charter Yes Yes State Law Supersedes Administrative Yes will totally change how practiced. Yes will totally change how practice. Good Idea but Not a conflict Yes Yes Sec. 5.01. Appointment; Qualifications; Compensation. The City Council shall appoint a City Manager and fix his or her compensation. He or she shall be chosen on the basis of his or her executive and administrative training, experience, ability and character. He or she need not be a resident of the City or State at the time of his or her appointment, but he or she must agree, prior to such appointment, to become a resident of the City within four months after the date of his or her appointment. If he or she thereafter fails to become a resident of the City within that four-month period, he or she shall be deemed to have forfeited his or her appointment and the office shall be declared vacant [by announcement of the Mayor] at the first meeting of the City Council following the expiration of the fourmonth period. The City Manager shall serve at the will and pleasure of the City Council. He or she shall be employed for or relieved from his or her duties by a vote of a majority of the members of the entire City Council. Proposed Change Delete this Add the word “entire” Practice agrees with Charter Yes Yes State Law Supersedes Administrative Yes Good Idea but Not a conflict Yes Yes [On the recommendation of the City Manager, the City Council] City Manager may appoint one or more Assistant City Managers and set the compensation for such appointees.] Proposed Change Change and reword to “The City Manager shall appoint one or more Assistant City Managers and set appropriate compensation” Practice agrees with Charter No State Law Supersedes Administrative Good Idea but Not a conflict Sec. 5.02. Acting City Manager. [By letter filed with the City Secretary] the City Manager shall designate, subject to approval of the City Council, a qualified City administrative officer to exercise the powers and perform the duties of City Manager during his or her temporary absence or disability. During any vacancy in the office of City Manager, the City Council may appoint an Acting City Manager to perform the duties of City Manager. During such absence, disability, or vacancy, the City Council may revoke Delete this phrase No such designation at any time and appoint another officer of the City to serve as Acting City Manager until the City Manager shall return or his or her disability shall cease or such vacancy is filled. Sec. 6.05. Terms of Office of City Attorney and Municipal Judge. Neither the City Attorney nor the Judge of the Municipal Court shall have any specified term of office, but each shall serve at the will and pleasure of the City Council. Either of such officers may be appointed to or relieved from office by a [majority vote of] the City Council. Proposed Change Delete Practice agrees with Charter Yes State Law Supersedes Administrative Yes Good Idea but Not a conflict Sec. 6.06. City Secretary. The City Secretary shall report administratively to the City Manager but may be removed from office [only] by City Council. Delete Yes Yes Sec. 6.07. Tax Assessor-Collector. (a) Office of Taxation. There shall be established an office of Taxation, the head of which shall be the City Assessor-Collector of Taxes. This office shall be filled by appointment by the City Manager. [The Assessor-Collector shall give a surety bond for the faithful performance of his or her duties including compliance with all controlling provisions of the State law bearing upon the functions of his or her office in a sum which shall be fixed by the City Council but in no event shall the amount be less than twenty thousand dollars, the cost to be borne by the City.] The City Council may, in the interest of economy and efficiency, contract with an individual or another political subdivision as Assessor-Collector to Proposed Change Delete this sentence Practice agrees with Charter State Law Supersedes Administrative Good Idea but Not a conflict handle the assessment and/or collection of taxes, and no separate Assessor-Collector need be appointed in such case. Sec. 7.05. Capital Improvements Program. The City Manager may prepare and submit to the City Council a [five year] capital improvements program on his or her own initiative and shall do so when so directed by the City Council. Proposed Change Delete “five year” Practice agrees with Charter No State Law Supersedes Administrative Good Idea but Not a conflict Sec. 7.10. Director of Finance. (a) Appointment; surety bond. There shall be a department of finance, the head of which shall be the City Manager or his designee [who shall provide a bond with such surety and amount as the City Council may require, except that such bond shall be in an amount of not less than twenty Delete this phrase Yes Yes thousand dollars, the cost to be borne by the City.] b) Power and duties. The City Manager shall have charge of the administration of the financial affairs of the City, and to that end he or she shall supervise the head of the department of finance (if other than the City Manager) and shall have authority and shall be required to: ([11) Negotiate with all eligible bank(s), within thirty days from October first of each biennium and after advertising as required by applicable State law for depository bids for the bank(s) to serve as City depository for all available funds except reserve funds for bonds for the next two years, or Proposed Change Suggest to delete all of 11) Practice agrees with Charter No State Law Supersedes Yes Administrative Good Idea but Not a conflict until such time as the successor depository(s) has been selected. The City Manager shall take into consideration in such negotiations the most favorable interest rates that can be obtained in the interest of the City on certificates of deposit for funds invested, and also on funds borrowed. The City Manager shall also take into consideration the services offered by the prospective depository(s) in serving the banking needs of the City, and shall make a recommendation to the City Council as to the results of his or her negotiations. The City Council shall approve which bank(s) is to serve as the city depository(s) during the next biennium. If the City Manager and the City Council determine that a satisfactory depository contract cannot be entered into with the local bank(s), then the City Manager may advertise as set forth in applicable State law a request for sealed bids by banks to act as City depository for the next two years and the City Council shall, prior to December first of each biennium as stated above, select one of the banks to serve as City depository. The bank(s) that has been selected to be the City depository(s) shall have adequate security pledged at all times to protect all City funds.] Sec. 8.01. Planning and Zoning Commission. There shall be a Planning and Zoning Commission, composed of five or more members as determined and appointed by the City Council. Any such Commission shall be responsible for exercising planning and zoning functions as may now or hereafter be required or authorized by statutes of the State or ordinances of the City. Members shall be [qualified] registered voters, residents of [and own real property within] the City. Proposed Change Delete Registered means they have gone through the process of registering Qualified means that they have been registered 30 days and live in that political subdivision Practice agrees with Charter Yes Yes State Law Supersedes Administrative Good Idea but Not a conflict Yes Yes – citizen suggestion to delete “and own real property within” Sec. 9.02. Candidates. Any person having the qualifications set forth for Mayor or Councilmember under Section 4.02 of this Charter shall have the right to file an application to have his or her name placed on the official ballot as a candidate for any one elective office such as Mayor, Councilmember -Place One, Councilmember -Place Two, etc. Such application, in writing, shall include the candidate's name, Add Mayor or Yes Yes address, telephone number, date of birth, and date of residency, shall be signed by such candidate and accompanied by his or her loyalty affidavit and a statement that the candidate is aware of applicable State nepotism laws, as prescribed by Texas Election Code, and shall be filed with the City Secretary or appropriate authority within the time period required by applicable State law. Sec. 9.03. Determination of Election Results. At any regular or special municipal election the candidate for each office, such as Mayor, Councilmember-Place One, etc., who shall have received the [greater number of] votes for each office cast in such election, shall be declared elected. In the event a tie vote makes it impossible to determine the winning candidate or candidates, resolution of such tie shall be Proposed Change Delete greater number of add most Practice agrees with Charter No State Law Supersedes Administrative Good Idea but Not a conflict decided as provided in the Texas Election Code. ARTICLE X. INITIATIVE, REFERENDUM AND RECALL Sec. 10.04. Procedure After Filing. (b) City Council review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the City Council. The City Council shall review the certificate at its next meeting following the filing of such request (for which notice may be properly given under State law) and approve or disapprove it, and the City Council's determination shall then be a final Proposed Change Add this phrase “for which notice may be properly given under State law” Practice agrees with Charter Yes State Law Supersedes Yes Administrative Yes Good Idea but Not a conflict determination as to the sufficiency of the petition. Sec. 10.06. Action on Petitions. a) Action by city council on initiative or referendum. When an initiative or referendum petition has been fully determined sufficient, the City Council shall promptly consider['] the proposed initiative ordinance in the manner provided in Article IV or reconsider the referred ordinance by voting its repeal. If the City Council fails to adopt a proposed initiative ordinance without any change in substance within sixty days or fails to repeal the referred ordinance within thirty days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City at a special election. Proposed Change Delete incorrect apostrophe Practice agrees with Charter State Law Supersedes Administrative Yes Good Idea but Not a conflict Yes ARTICLE XI. PUBLIC UTILITIES Sec. 11.02. Franchises. All ordinances granting, renewing, or extending franchises for public utilities shall be read at two separate regular meetings of the City Council and shall not be passed until thirty days after the first reading; and no such ordinance shall take effect until thirty days after its passage [; and, during such thirty day period, the full text of such ordinance shall be published once each week for two consecutive weeks in the official newspaper of the City, and the expense of such publication shall be borne by the proponent of the franchise.] Proposed Change Delete this phrase Practice agrees with Charter Yes State Law Supersedes Administrative Good Idea but Not a conflict Yes Sec. 11.04. Right of Regulation. (g) To require such compensation and rental as may be permitted or not be prohibited by the Add this phrase “or not be prohibited” Yes Yes Yes laws of the State. ARTICLE XII. GENERAL PROVISIONS Sec. 12.02. Prohibitions. (a) Activities prohibited. (4) No [person] City employee or elected or appointed City official shall orally, by letter or otherwise solicit or assist in soliciting any assessment, subscription or contribution for any political party or political purpose whatever from any person holding any compensated [appointive] position. (5) With respect to any campaign for election to an office in the City, no person who holds any compensated [appointive]) City position shall make, solicit or receive any contribution to the campaign funds of any political party or any candidate for such office or take any part Proposed Change Delete the word person add City employee or elected or appointed City official. Delete the word “appointive” Delete the word “appointive” Practice agrees with Charter No Yes Yes State Law Supersedes Administrative Good Idea but Not a conflict Yes Yes in management, affairs or political campaign of any political party, but he may exercise his rights as a citizen to express his opinions and to cast his vote. (6) No person related within the second degree by affinity or within the third degree by consanguinity to any elected officer of the City, or to the City Manager, shall be employed by the City or appointed to any office, position, or clerkship or other service of the City, but this prohibition shall not apply to any such person related in the prohibited degree who has been continuously employed by the City for not less than two years prior to the election or appointment of the officer. Proposed Change Add this phrase “employed by the City or” Practice agrees with Charter Yes State Law Supersedes Administrative Yes Good Idea but Not a conflict Yes Sec. 12.04. Charter Amendment. Amendments to this Charter may be framed and submitted to the voters of the City by a charter commission in the manner provided by law, by ordinance passed by a majority vote of the full membership of the City Council, or by a petition signed by not less than five percent of the qualified voters of the City. When a charter amendment petition shall have been filed in conformity with Section 10.03 of this Charter, the City Council shall, subject to applicable law, forthwith provide by ordinance for submitting such proposed amendment to a vote of the voters of the City. Any ordinance for submitting a charter amendment to the voters shall provide for submission of such amendments to the voters in accordance with applicable law. Not less than thirty days prior to such election the City Secretary at the City offices shall make available a copy of the proposed amendment or amendments [to each qualified voter of the City]. If a proposed amendment shall be approved by a majority of the voters voting thereon, it shall become a part of the Charter at the time fixed therein. Each amendment shall be confined to one subject; and, when more than one amendment shall be submitted at the same time, they shall be submitted so as to enable the voters to vote on each separately Proposed Change Add “at the City office” Delete this phrase “to each qualified voter of the City”. Practice agrees with Charter Yes Yes State Law Supersedes Administrative Yes Yes Good Idea but Not a conflict