06-02-09 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 REGULAR AGENDA TUESDAY, JUNE 2, 2009 Regular Session 6:30
p.m. Call to Order Invocation and 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, 2009. Mayor Baldwin to administer oath to Councilmember Jim Fowler (Council) PRESENTATION • Youth Services Librarian
letter in recognition of the 2009 Texas Summer Reading Club from Gov. Rick Perry and a PowerPoint presentation on Summer Reading Club Programs at the Schertz Library. (N. Stohr) • Northeast
Lakeview College certificates of recognition to Schertz EMS Paramedics (Dr. Eric Reno/Chief Don Adams). 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. Presen?tations should be limited to no more than 5 minutes. Discussion by the Council of any
item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or
a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak
in the order they have registered. Discussion and/or Action Items 2. Minutes – Discussion and/or action regarding the approval of the minutes of the May 26, 2009 regular meeting. 3.
Ordinance No. 09-S-20 -ZC2009-004 -Conduct a public hearing and consideration and/or action on a request to rezone 260.2± acres of land between the 6-2-09 Council Agenda
Union Pacific Railroads in Comal County from FM-3009 east to FM-2252 from General Business District-2 (GB-2) and Manufacturing District Light (M-1) to General Business District (GB)
and Residential Agricultural (R-A). First Reading (M. Sanchez) 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. RECONVENE TO REGULAR SESSION 4. Take any additional action deemed necessary as a result of the Executive Session.
Requests and Announcements 5. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 6. Requests by Mayor and Councilmembers to City Manager and Staff
for information. 7. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments
below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda
items 8. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Adjournment CERTIFICATION 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 28th DAY OF MAY 2009 AT 1:15 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 6-2-09 City Council
Agenda Page -2 -
6-2-09 City Council Agenda Page -3 -__________ c . 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 _______________, 2009. ____________________________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 all 619-1030 at least 24 hours in advance
of meeting COUNCIL COMMITTEE AND LIAISON 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 Councilmember Wilenchik Investment Advisory Committee Liaison – Animal Advisory Board Liaison
-Schertz Chamber of Commerce Liaison -Board of Adjustment 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 Boards and Commissions Mayor Pro-Tem Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -Schertz Youth Commission Liaison – TIRZ II Board
Hal Baldwin Scholarship Committee Councilmember Scagliola Liaison – Animal Advisory Board Liaison -Transportation Safety Advisory Commission Liaison -Schertz Humane Society Alternate
Interview Board for Boards and Commissions Liaison – Schertz Sweetheart Court Councilmember Trayhan Liaison -Schertz Housing Authority Audit Committee Hal Baldwin Scholarship Committee
Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: June 2, 2009 Department: Council Subject: Oath of Office BACKGROUND 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. The term of Mayor Pro-Tem is a six-month term on a rotational basis in Place order, Places
One through Five. The term of the current Mayor Pro-Tem (Carpenter – Place 5) is to expire June 2009. Council Member Fowler-Place 1 is the next in line to serve as Mayor Pro-Tem. FISCAL
IMPACT None RECOMMENDATION Appoint Jim Fowler as Mayor Pro-Tem for a term of six-months, ending December 2009. ATTACHMENT Oath of Office Certificate
Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: June 2, 2009 Department: Administration Subject: Minutes BACKGROUND On May 26, 2009 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 May 26, 2009 minutes.
ATTACHMENT Minutes 05-29-09
MINUTES REGULAR MEETING May 26, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 26, 2009 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 Michael Carpenter Councilmember Jim Fowler Councilmember
David Scagliola Councilmember John Trayhan Councilmember Tony Wilenchik Staff Present: City Manager Don Taylor Assistant City Manager David Harris Assistant City Manager John Bierschwale
City Attorney Michael Spain Deputy City Secretary Mary Ybarra CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE
TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Mayor Pro-Tem Carpenter gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of
Texas. HEARING OF RESIDENTS Mayor Baldwin recognized the following: Robert Brockman, 1001 Elbel Road who spoke on the following: • Blacktop on the hike/bike trial at Wiederstein Road.
• Inquired on the plaque that was outside the Council Chambers; plaque moved inside the Chambers. • Attending the Fairfield Inn grand opening at 5:30 pm, May 27, 2009. Discussion and/or
Action Items 1. Minutes – Discussion and/or action regarding the approval of the minutes of the May 19, 2009 regular meeting. Mayor Baldwin recognized Councilmember Fowler who moved,
seconded by Councilmember Scagliola to approve the minutes of the regular meeting of May 19, 5-26-09 Minutes
2009 with corrections. Vote was 4 to 0 with Councilmember Trayhan abstaining. Motion Carried. 2. Ordinance No. 09-F-17 – Consideration and/or action approving second and final reading
of Ordinance No. 09-F-17 amending the Drought Contingency Plan with a Drought Contingency and Water Emergency Response Plan and a Water Conservation Plan, and making conforming changes
to the Code of Ordinances. Second and Final Reading (J. Hooks). Mayor Baldwin recognized Pubic Works Superintendent Jimmy Hooks who stated there were no changes since last reading. Mayor
Baldwin recognized Mayor Pro-Tem Carpenter who moved, seconded by Councilmember Trayhan to approve Ordinance No. 09-F-17 on Second and Final Reading Vote was unanimous. Motion Carried.
3. Resolution No. 09-R-28 – Consideration and/or action approving a resolution authorizing a transfer to the City from the City of Schertz Economic Development Corporation of funds for
the new City Library. Second and Final Reading (G. Antuna/J. Jewell). Mayor Baldwin recognized Economic Development Assistant Director Jeff Jewell who stated there were no changes since
last meeting; The City Attorney reminded Council of the one-time payment by the EDC in three installments; first payment shortly after final reading; second payment, October 1, 2009
and final payment; October 1, 2010. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Mayor Pro-Tem Carpenter to approve Resolution No. 09-R-28 on Second and Final
Reading. Vote was unanimous. Motion Carried. 4. Resolution No. 09-R-29 – Consideration and/or action regarding approval of a resolution approving a service agreement between the City
of Schertz Economic Development Corporation and Site Location Partnership, and other matters in connection therewith. (G. Antuna/J. Jewell). Mayor Baldwin recognized Economic Development
Assistant Director Jeff Jewell who introduced this item (PowerPoint presentation) stating that the service agreement with Site Location Partnership would assist in development, enhance
awareness of Schertz, project identification, facilitate meetings with prospective clients, and stimulate site visits. Mr. Jewell then answered questions from Council. City Manager Don
Taylor stated that Jeff has worked very hard on this project and publicly wants to thank him for a job well done. 5-26-09 Minutes Page -2 -
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve Resolution No. 09-R-29. Vote was unanimous. Motion Carried. 5. Resolution No.
09-R-30 – Consideration and/or action approving a resolution awarding the 2009 Hal Baldwin Scholarship. (D. Taylor). Mayor Baldwin recognized Councilmember Trayhan, who introduced this
item stating that the Advisory Committee; Steve White, Reginna Agee, Michael Spain and Councilmembers Trayhan, and Carpenter met this evening and reviewed five (5) very deserving applicants.
After reviewing all of the applicants, the committee unanimously recommends Emily Furillo, Samuel Clemens High School student as the recipient of the 2009 Hal Baldwin Scholarship. Mayor
Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve Resolution No. 09-R-30. Vote was unanimous. Motion Carried. Mayor Baldwin thanked the
advisory committee for all their time and effort. City Attorney Michael Spain took the opportunity to thank Bob Cantu for gathering all the materials and making it available to the advisory
committee. He asked that possibly a formal presentation be scheduled at the Council meeting of June 9, 2009 for Emily Furillo. 6. Allocation of Funds – Consideration and/or action regarding
approving allocation of funds from the former Schertz Economic Development Foundation and approval of a FY 2008-09 budget for the Schertz Historical Preservation Committee (J. Santoya/B.
Cantu). Mayor Baldwin recognized Management Analyst Bob Cantu who introduced this item stating that action would approve allocations of $25,000 to Historical Preservation Committee and
$24,862 to the Senior Center/Museum remodel and approve the FY2008-09 budget (of $10,000) for the Historical Preservation Committee, and answering questions from Council. Mayor Baldwin
recognized Mayor Pro-Tem Carpenter who moved, seconded by Councilmember Trayhan to approve the allocation of funds from the former Schertz Economic Development Foundation and approve
the FY 2008-09 Schertz Historical Preservation Committee budget. Vote was unanimous. Motion Carried. Mayor Baldwin recessed into executive session at 7:07 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 5-26-09 Minutes Page
-3 -
of real property and Section 551.074 – Deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the City Manager and City Secretary. RECONVENE
TO REGULAR SESSION Mayor Baldwin reconvened into regular session at 8:00 p.m. 7. Take any additional action deemed necessary as a result of the Executive Session. No action necessary.
Requests and Announcements 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests were noted. 9. Requests by Mayor and Councilmembers
to City Manager and Staff for information. No requests were noted. 10. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council
Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions
by community volunteers • Upcoming City Council agenda items Mayor Baldwin recognized the following: Councilmember Fowler reported that he attended the EMS luncheon on Sunday, and is
very pleased with the professionalism of the City’s EMS. Dudley Wait EMS Director is going a great job. Councilmember Wilenchik reminded everyone of the Doggie Dash event, 8:00 am Saturday,
May 30, 2009 at Pickrell Park. Registration starts at 7:00 am and so far, the event has over 300 pre-registered runners/walkers. He also reported that the VFW, since last Wednesday,
has gone “no smoking” for bingo (bingo only). Their bingo business has dropped in the last two bingo sessions, however will continue with the “no smoking” for a while, but will cancel
if business continues to drop. 5-26-09 Minutes Page -4 -
5-26-09 Minutes Page -5 -11. Announcements by City Manager • Recognition of City employee actions • New Department Initiatives Mayor Baldwin stated that this year marks the 35th anniversary
of EMS in the City. The organization “SAFES” was founded on April 1, 1974. He also mentioned that the EMS luncheon was a great event. Mayor Baldwin recognized City Attorney Michael Spain
who introduced Ashley Senary, law student at the University of Wisconsin who is spending the summer working at the law firm of Fulbright & Jaworski. Mayor Baldwin recognized City Manager
Taylor who mentioned that several Councilmembers and staff members were invited to take a train ride and go through several intersections to observe what it is like for everyday train
traffic. It was a real eye-opener. He reported that of all the “Quiet Zones” established, reports are coming back that accidents have increased. ADJOURNMENT As there was no further action,
Mayor Baldwin adjourned the meeting at 8:10 p.m. ___________________________________ Hal Baldwin, Mayor ATTEST: _______________________________________ Mary Ybarra, Deputy City Secretary
Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: June 2, 2009 Department: Planning & Zoning Subject: Ordinance No. 09-S-20 –Consideration and/or action on a request to rezone
260.2 acres of land between the Union Pacific Railroads in Comal County from FM-3009 east to FM-2252 from General Business-2 and Manufacturing Light (M-1) to General Business (GB) and
Residential Agricultural (R-A) First Reading Analysis & Discussion: • This property was annexed in 1984. (84-A-10) • The Schertz City Council approved zoning for north Schertz on September
18, 2007 (Ordinance # 2007-S-40). After finalizing the map we discovered that more than 20% of the City is zoned for manufacturing. As a result, we are considering several areas for
rezoning within the City. • This request is the first in a series of rezoning requests being reviewed by staff. • This request is to rezone the first 85.8+ acres closest to FM-3009 to
General Business and the remaining 174.4+ acres to Single Family Residential/Agricultural. There is approximately 125.0+ acres that is shown in the exhibit that abuts FM-2252 that its
current use is a lumber treatment facility and it’s not a part of this rezoning request. • These proposed zoning designations are based on the various uses and location. The property
is predominantly cropland and pasture with a few residents. There is an ultralight flying facility on a 4-acre parcel which resides within a portion of the proposed R/A designation.
The existing use would be a non-conforming use and is permitted to continue the use until it is either abandoned for more than 6-months or a new conforming use is requested for the site.
• The 85.8+ acres proposed for General Business is also described as cropland according the appraisal district but would be better developed commercially. Item 3 ZC2009-004 City-Rezone
260.2-cover.doc
City Council Memorandum Page 2 Item 3 ZC2009-004 City-Rezone 260.2-cover.doc • The remaining 174.4+ acres proposed for Residential Agricultural which will enable residents that currently
occupy a single-family resident to improve and further expand their residential use. • These properties will be directly affected if the proposed Commuter Rail system becomes a reality.
• The current Comprehensive Land Plan, Future Land Use Map indicates that this area is intended for Industry, Technology, Research Development and Mixed Use. In light of the possibility
that we may have the opportunity to accommodate uses for a Commuter Rail System we are anticipating other uses in the area that will lend itself for more mixed uses in the future. •
The frontage of FM-3009 is directly affected by both the railroad overpasses and the loop access road. The argument from Mr. Hardin’s associates were that the overpass and loop system
limits access to the 85.8 acres and would not be conducive for standard commercial uses. In fact this is the case for all development on any busy primary arterial street; Consider IH-35
for example, all access is limited and yet commercial development is desires. • The City Master Thoroughfare Plan identifies a sixty (60) foot right-of-way from FM-3009 through Mr. Hardin’s
property and connecting with the proposed extension of Wiederstein Road, which is an eighty-six (86) foot right-of-way. This will allow an alternate access directly from IH-35 to these
lots and would accommodate various commercial and mix use developments in the future. UDC Section: 21.5.4 (D) -Criteria for Approval: The City Council, in considering final action on
a zoning change or zoning map amendment, should consider the following criteria: 1. Whether the proposed zoning change or zoning map amendment implements the policies of the adopted
Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map; 2. Whether the proposed zoning change or zoning map amendment promotes the
health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; 3. Whether the uses permitted by the proposed change in zoning
district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified; 4. Whether the proposed change is in accord
with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area; 5. Whether there have been
environmental and/or economical changes which warrant the requested change; 6. Whether there is an error in the original zoning of the property for which a change is requested; 7. Whether
all of the applicant’s back taxed owed to the City have been paid in full (no application will receive final approval until all back taxed are paid in full); and,
City Council Memorandum Page 3 Item 3 ZC2009-004 City-Rezone 260.2-cover.doc 8. Whether other criteria are met, which, at the discretion of the Planning and Zoning Commission and the
City Council, are deemed relevant and important in the consideration of the amendment. Public Hearing Notice: “The Daily Commercial Recorder” on May 11, 2009 “Herald” on May 14, 2009.
Notices: 32 mailed on May 1, 2009. Reply notices received: As of May 13, 2009 the Planning Department has received the following responses: FAVOR – NONE OPPOSED – FIVE (5) William Hardin,
4077 De Zavala Rd. Suite 1, San Antonio, TX 78249 (owner of 85.8+ acres affected by request) Written response: Property is located between 2 railroad tracts and is naturally suited for
industrial, commercial. Verbal response: By representative John Jacks who provided presentation in opposition to the General Business request. Robert McHardy, 19840 FM 482 (owner of
22.98+ acres affected by request) Written response: Keep M-1 Verbal response: Requested not changing changing his property to R/A because his family lives their currently and wants to
keep it that way Earl Mayfield, 20180 FM-2252 (owner of 59.10+ acres) Written response: none Verbal response: Opposed, need to stick with my neighbors. Walter Vestal, 17993 Red Iron
(adjacent property owner) Written response: This was zoned for business only. Verbal response: The mix of light and heavy industrial and the associated noise may not be appreciated by
adjacent residents. William Wetz, 20286 FM-2252 (owner of 21.56+ acres affected by request and adjacent property owner of 15.04+ acres of resident and commercial property) Written response:
No comments on response letter. Verbal response: None NEUTRAL-TWO (2)
City Council Memorandum Page 4 Item 3 ZC2009-004 City-Rezone 260.2-cover.doc Steve Marshall, 20376 FM 2252, Garden Ridge 78266 Written response: If they want agricultural exemption,
I vote yes. Verbal response: None Dennis Wuest 20400 FM #2 San Antonio, 78266 Written response: Need more information. Verbal response: None Planning and Zoning Recommendation: The Planning
and Zoning Commission met on May 13, 2009 and recommended disapproval. Mr. Wallace stated that his concerns are that the property owner was opposed to the city change two years ago and
access will be less than desired for the proposed zoning change uses. Vote Aye: Ms. Tutschke, Mr. Greenwald, Mr. Wallace, and Mr. Evans. Vote Nay: Mr. Edwards Staff Recommendation: Staff
recommends approval of this request. City Council schedule is as follows: DATE ITEM ACTION Tuesday, June 2, 2009 Zoning City Council Public Hearing and First Reading of Ordinance. Tuesday,
June 9, 2009 Zoning City Council Final Reading of Ordinance. Attachments: Exhibits Ordinan
ce ORDINANCE NO. 09-S-20 ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE 07-S-40 BY REZONING 260.2± ACRES LOCATED BETWEEN THE TWO
UNION PACIFIC RAILROADS FROM FM-3009 EAST TO FM-2252, COMAL COUNTY, SCHERTZ, TEXAS FROM GENERAL BUSINESS-2 (GB-2) AND MANUFACTURING DISTRICT LIGHT (M-1) TO GENERAL BUSINESS DISTRICT
(GB) AND RESIDENTIAL AGRICULTURAL (RA); PROVIDING AN EFFECTIVE DATE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A PENALTY CLAUSE. WHEREAS, The City
is requesting to rezone approximately 260.2 acres of land described in Exhibit “1, 2, and 3”, attached hereto and incorporated herein by reference (hereinafter, the “Property”). WHEREAS,
on May 13, 2009 the Planning and Zoning Commission conducted a public hearing and determined that this request was in the interest of the public safety health, and welfare and recommended
approval of the requested General Business District (GB) and Residential Agricultural District (R-A); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT: The Official Zoning Map Ordinance No. 07-S-40, as same may have heretofore been amended by the City of Schertz; Texas is hereby amended in the following manner. SECTION I Establishing
zoning for a 260.2± acre tract being located between the two Union Pacific Railroads from FM-3009 East to FM-2252, Comal County, Schertz Texas, more particularly described in the Maps,
as attached hereto as Exhibits “1, 2, and 3” to GB and R-A. SECTION II The Official Zoning Map (Ordinance 07-S-40) of the City of Schertz described and referred to in Article 2, of the
Unified Development Code shall be changed to reflect the above amendments. SECTION III ZC2009-004 North Schertz between RR
ZC2009-004 North Schertz between RR 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 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 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 sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid
phrase, clause, sentence, paragraph or section. SECTION VI 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 offense.
Approved on first reading the 2nd day of June, 2009. PASSED, APPROVED AND ADOPTED the 9th day of June, 2009. ____________________________________ Mayor, City of Schertz, Texas ATTEST:
________________________________ City Secretary, City of Schertz, Texas (SEAL OF THE CITY)
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FM 3009 UNION PACIFIC RAILROAD UNION PACIFIC RAILROAD GB R-A M-1 GB-2 2,332.8 ft 2,106.6 ft 1,158.3 ft 787.4 ft 382.6 ft 58.7 AC EXHIBIT 2 ?? ?????? ?????? ?????? ?????? ?????? ??????????
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M-1 R-A GB 174.4 AC MHP 5,530.8 ft 3,733.5 ft 2,106.6 ft 911.0 ft 726.5 ft 598.5 ft FM 2252 UNION PACIFIC RAILROAD UNION PACIFIC RAILROAD EXHIBIT 3 ?? ???????????? ?????? ?????? ??????
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